1988-10-04 Regular MeetingCITY OF OKEECHOBEE
CITY COUNCIL MEETING
October 4, 1988 - 2:00 P.M.
SUMMARY OF CITY COUNCIL ACTION
A. Call meeting to order
B. Invocation offered by Utilities Director L.C. Fornter
Pledge of Allegiance led by
Mayor Chapman.
C. Mayor and Council attendance:
Mayor Oakland Chapman
Councilman Nick Collins
Councilman Andy Rubin
Councilman Oscar Thomas
Councilman Dowling Watford
Staff attendance:
City Attorney Cook
City Administrator Drago
City Clerk Thomas
D. Motion to dispense with reading and approve the
Summary of Council Action for the regular meeting and
Final Public Budget Hearing of September 20, 1988.
COUNCILMEMBERS/ACTION
Mayor Chapman called the meeting to order at
2:00 P.M.
L.C. Fornter
Mayor Chapman
Present
Present
Present
Present
Present
Present
Present
Present
Motion by Councilman Thomas, seconded by
Councilman Collins.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
0
ABSENT
:�z
October 4, 1988
page two
COUNCII��ERS/ACTION
VOTE
= ABSENT
YES
NO
E. Motion to approve warrant registers for August and
Motion by Councilman Collins, seconded by
September, 1988:
Councilman Rubin. After discussion regarding
payments to Dickerson,
General Fund ...................$ 65,863.42
Public Utility Fund............ 118,309.21
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF
ITEMS ON TODAY'S AGENDA.
F • NG AND FINAL ORDNANCE OPEN PUBLIC HEARING FOR REZONINII
ADOPTION:
,
1. Consider petition 241-R for the rezoning of property
Mr. Gary Scherrer appeared before Council and
located at 12210 S.W. 2nd Avenue from Residential
that the Planning Commission recommended a C-I
Single Family to Commercial (CII). Exhibit 1.
approval with Special Exception. Mr. Scherrer,
(City/County Planning and Zoning Commission
Council, and Attorney Cook discussed the matter
recommended approval).
at length (i.e. buffers between residential and
commercial area and use of the property).
Motion by Councilman Thomas, seconded by
Councilman Collins to approve a rezoning request
from RSF to C-II. After further discussion by
Councilman Watford, Mayor Chapman asked for
input from the Public - there was none.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion carried.
October 4, 1988
page three
COUNCIIIEMERS/ACTION
VOTE
ABSENT
YES
NO
2. Motion to read by title only, Ordinance No. 606
Motion by Councilman Collins, seconded
establishing traffic regulations - City
Councilman Rubin to read, by title only,
Attorney (Exhibit 2).
Ordinance No. 606, establishing traffic
regulations. After discussion,
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
Attorney Cook read, by title only, proposed
Ordinance No. 606, as follows:
In
AN ORDINANCE OF THE CITY OF OKEECHOBEE? FLORIDA,
PROVIDING FOR THE REPEAL OF SECTIONS 11-10,
ll-11, 11-12, 11-18, 11-19, 11-37, 13-1, 13-2
AND 17-1 THROUGH 17-5 INCLUSIVE, OF THE CODE
OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA,
AND DECLARING SAME TO BE NULL AND VOID AND OF NO
EFFECT; PROVIDING A NEW CHAPTER SEVENTEEN
RELATING TO TRAFFIC; PROVIDING FOR RULES AND
REGULATIONS IN GENERAL; PROVIDING FOR PARKING,
STOPPING AND STANDING; PROVIDING FOR RECREATIONAL
VEHICLES; PROVIDING FOR OFF -ROAD VEHICLES,
PROVIDING FOR ABANDONED, UNATTENDED VEHICLES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR FINES,
PENALTIES AND PROCEDURES; PROVIDING FOR AN
EFFECTIVE DATE.
06tober 4, 1988 page four
COUNCIIID1BERS/ACTI0N
VOTE
ABSENT
YES
NO
A. Call meeting to order
Mayor Chapman called the meeting to order at
2:00 P.M.
B. Invocation offered by Utilities Director L.C. Fornter
L.C. Fornter
Pledge of Allegiance led by
Mayor Chapman.
Mayor Chapman
C. Mayor and Council attendance:
Mayor Oakland Chapman
Present
Councilman Nick Collins
Present
Councilman Andy Rubin
Present
Councilman Oscar Thomas
Present
Councilman Dowling Watford
Present
Staff attendance:
1
City Attorney Cook
Present
City Administrator Drago
Present
City Clerk Thomas
Present
D. Motion to dispense with reading and approve the
Motion by Councilman Thomas, seconded by
Summary of Council Action for the regular meeting and
Councilman Collins.
Final Public Budget Hearing of September 20, 1988.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
October 4, 1988 page five
COUNCIIrESERS/ACTION
VOTE
ABSENT
YES
NO
Ordinance was read, by title only, by Mayor
Chapman, as follows:
AN ORDINANCE FOR THE CITY OF OKEECHOBEE,
FLORIDA, FOR THE AMENDMENT OF SECTION 10-5
OF THE CODE OF ORDINANCES FOR THE CITY OF
OKEECHOBEE, FLORIDA, AMENDING THE FORMULA
FOR DETERMINING PARTIAL YEAR OCCUPATIONAL
LICENSE FEES; PROVIDING FOR AN EFFECTIVE
DATE.
2. Motion to approve the first reading of an
Motion by Councilman Collins, seconded by
Ordinance amending Section 10-5 of the Code
Councilman Rubin. Councilman Watford
of Ordinances.
a Summary Report of the total amount
of license fees that have been collected
and what portion of those fees which were
for a partial year, from Administrator
Drago, so that Councilmen can get a better
idea of how much revenue will be lost if
this Ordinance is adopted, after discussion,
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
H. NEW BUSINESS:
1. Proclaim National Community Health Week -
Mayor Chapman read a Proclamation,
Mayor Chapman.
declaring the week of October 3rd - 9th as
Community Health Center Week.
October 4, 1988 page six
COUNCIIr ZERS/ACTION
VOID
ABSENT
[YES
NO
Motion by Councilman Rubin, seconded by
Councilman Watford to adopt the Proclamation
and proclaim the week of October 3rd through
the 9th as Community Health Center Week.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
2. Motion to approve the appointment of Mr.
Chuck Elders introduced Mr. Garcia to the
Freddy Garcia as a new maintenance operator
Council.
employee assigned to the Public Works
Department - Director of Public Works.
Motion by Councilman Collins, seconded by
Councilman Watford to approve the appointment
T"
of Mr. Garcia.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
3. Motion to approve the appointment of Mr.
L. C. Fortner stated he was unable to have Mr.
Fred Nichols as a new maintenance operator
Nichols appear before the Council today,
employee assigned to the Public Utilities
however, he will introduce him to the Council
Department - Director of Public Utilities.
in the future.
:3.
October 4, 1988
page seven
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
Motion by Councilman Rubin, seconded by
Councilman Watford, to approve the appointment
of Mr. Nichols. After discussion by Councilman
Watford, Councilman Rubin and Public Utilities
Director Fortner,
Chapman
X
Collins
Rubin
Thomas
Watford
Motion carried.
4. Motion to appoint Lola Parker as the City's
Motion by Councilman Thomas, seconded by
Finance Director - Mayor Chapman.
Councilmen Rubin and Watford. After discussion,
Chapman
Collins
Rubin
Thomas
X
Watford
X
Motion Carried.
5. Motion to approve a partial pay request to
Motion by Councilman Thomas, seconded by
Dickerson in the amount of $25,156.34 -
Councilman Collins. After discussion by
Director of Public works (Exhibit 4).
Council and Public Works Director Elders
regarding the satisfaction of the work
performed and the retainer of $117,000.00.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
October 4, 1988
page eight
COUNCIIrEMBERS/ACTION
VOTE
ABSENT
YES
NO
6. Motion to approve a retainage payment
Motion by Councilman Collins, seconded by
of $94,067.76 to Dickerson - City
Councilman Watford. After discussion by
Administrator (Exhibit 5).
Councilmen and Public Works Director Elders
regarding the retainage payment,
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
7. Motion to adopt Resolution 88-18 authorizing
Motion by Councilman Watford, seconded by
the Mayor to apply for a highway beautification
Councilman Rubin. After discussion,
grant - City Administrator (Exhibit 6).
Chapman
X
G
Collins
X
.�
Rubin
X
Thomas
X
Watford
X
Motion Carried.
8. Motion to adopt Resolution 88-17 authorizing
Motion by Councilman Watford, seconded by
the Mayor to apply for a highway landscaping
Councilman Collins. After discussion
maintenance memorandum of agreement - City
between Councilman Watford and Administrator
Administrator (Exhibit 7).
Drago regarding the maintenance agreement,
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford Ix
Motion Carried.
October 4, 1988
page nine
COUNCIL EMBERS/ACTION
VOTEdo
ABSENT
YES
9. Hear from Mr. Phil Berger regarding sewer
Mr. Berger requested the Council allocate
hook-up for the Industrial Park - Mr. Phil
and hook up sewer for the nine (9) tenants
Berger.
in the Okeechobee Industrial Park. Mr. Berger
stated that the Industrial Park cannot
obtain more septic permits from the Industrial
Authority.
Council discussed various issues regarding the
Park with Mr. Berger and Public Utilities
Director Fortner. After lengthy discussion
Council requested that Mr. Fortner, Mr. Berger
and the Industrial Authority meet and determine
factors involved (i.e. costs, anticipated
growth, new pumps, gravity lines, etc) and
appear before the Council at the next Regular
.+
Meeting with their findings.
c,D
10. Hear from Mrs. Glenda Southerland regarding
Mrs. Southerland spoke with Councilman regarding
water rates - Mrs. Glenda Southerland.
current water rates being charged by the City
and the recent newspaper article regarding a
proposed 50% increase in water/sewer rates.
Public Utilities Director gave Mrs. Southerland
a copy of the rates for neighboring cities for
comparison purposes. Mayor Chapman stated that
the Council would investigate all avenues to
raise revenues prior to proposing an Ordinance
to raise rates to customers.
October 4, 1988 page ten
COUNCIIMSERS/ACTION
VOTE
ABSENT
YES
NO
M
Motion by Councilman Collins, seconded by
Councilman Thomas for the City Administrator,
City Attorney and Director of Public Utilities
to meet with the Beachwater Association and
attempt to revise/renegotiate the current
contract and bring it back to the Council for
action.
Chapman
g
Collins
X
Rubin
X
Thomas
X
Watford
%
Motion Carried.
After lengthy discussion regarding impact fees,
user fees, the Beachwater Association, Mrs.
Southerland's (and other's) obtaining copies
ci
of bills, various questions and comments from
Councilmembers, Mrs. Southerland and
Mr. Quintin Barnes (septic/sewerage problems),
A motion was made by Councilman Thomas,
seconded by Councilman Watford, to have
Councilman Collins placed on the committee to
renegotiate the Beachwater contract.
Chapman
X
Collins
g
Rubin
g
Thomas
X
Watford
X
a
Motion Carried.
October 4, 1988 page eleven
COUNCIIrEMBERS/ACTION
VOA
ABSENT
YES
NO
Recess: 3:50 P.M.
Mayor Chapman called the meeting back to order at
4:10 P.M.
11. Update of items of interest to the City by
Commissioner Williamson did not appear.
County Commissioner Jack Williamson.
H. COUNCIL REPORTS AND/OR REQUESTS:
1. Councilman Collins:
a) Updated Council on the status of the Taylor
Greek Cleanup Proiect. Attorney Cook drew
up a release form in this regard.
2. Councilman Thomas:
3. Attorney Cook:
a) Spoke with Council regarding the porter/.
Butler matter. Mr. Cook informed Council
that the Attorney Jennings is planning on
filing a suit against the City, on behalf
of the Porters.
b) Motion by Councilman Watford, seconded by
Councilman Rubin to extend the time limit
for action in the Porter matter thirty
(30) days.
After discussion by Councilman Rubin
regarding notification of the Porters
by City Administrator or City Attorney
Cook,
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X-,__
Motion Carried.
October 4, 1988 page twelve
COMIU EMBS/ACTION
V=
ABSENT
YES
NO
4. Councilman Watford
c) Motion by Councilman Watford to reconsider
the zoning petition 241-R, seconded by
Councilman Thomas.
Chapman
X
Collins
X
Rubin
X
Thomas
Watford
Motion Denied.
d) Motion by Councilman Watford, seconded by
Councilman Thomas to instruct the City
Attorney to prepare the necessary Ordinance
Amendments to include leasing in the
Purchasing Ordinance. After discussion,
s
Chapman
X
Collins
Rubin
X
Thomas
Watford
Motion Carried.
e) Councilman Watford discussed the back
page of the Purchasing Handbook and his
desire to have this reviewed by the City
Attorney.
f) Motion by Councilman Watford to instruct
the City Attorney to prepare the necessary
Ordinances to incorporate drainage
regulations into the Code of Ordinances.
Motion was withdrawn by Councilman Watford.
g) Councilman Watford commented on the news-
paper article in the Okeechobee News.
-..
October 4, 1988 page thirteen
COUNCIIMMERS/ACTION
VOTE
ABSENT
4YES
5. Councilman Rubin:
a) Questioned Police Chief Mobley about the
_vagrancy situation and the progress being
made with this problem.
b) Inquired about the parking situation on
SW Sth Avenue.
6. Mayor Chapman:
a) Mayor Chapman read letters and
j2etitions he has received from various
businesses in the area of SW 5th Avenue
(which are on file in the City Clerk's
Office at City Hall for inspection by the
Public) who are in opposition to the propose
parking changes. Mayor Chapman asked
Chief Mobley and Public Works Director
Elders to speak with the individual
business owners in this area for their
input.
Mr. Jimmy Minehan approached the Council
voicing his opinion that the parking
problem needs to be addressed and -that
the Council should consider the
resident's opinion as well as the business
owner's opinions.
October 4, 1988 page fourteen
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES
NO
b) Mayor Chapman asked Public Works Director
Elders about the striping project and
requested the crew stay away from
SW 5th Avenue until the parking situation
has been finalized.
ADJOURNMENT:
Mayor Chapman adjourned the meeting at 4:00 P.M
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE
TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY
COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
OAKLAND R. CHAPMAN MAYOR
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
1� .. i •.}