1989-02-07 Regular MeetingpKEEC�
\�ORI'D
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
February 7, 1989 - 2:00 P.M.
SUMMARY OF CITY COUNCIL ACTION
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES
NO
Call meeting to order.
Mayor Chapman called the meeting to order at 2:00
P.M.
Invocation offered by the Reverend Ross Denslow
Reverend Denslow.
of the First Methodist Church;
Pledge of Allegiance led by Mayor Chapman
Mayor Chapman.
> Mayor and Council attendance:
Mayor Oakland Chapman
Present
Councilman Nick Collins
Present
Councilman Jim Kirk
Present
Councilman Oscar Thomas
Present
C! Councilman Dowling Watford
Present
Staff attendance:
City Attorney Cook
Present
City Administrator Drago
Present
City Clerk Thomas
Present
Deputy Clerk Kogut
Present
Motion to dispense with reading and approve the Summary
Motion by Councilman Collins to dispense with
of Council Action for the regular meeting of January
reading and approve the Summary of Council
17, 1988 and the workshop of January 24, 1989.
Action for the regular meeting of January
17, 1988 and the workshop of January 24, 1989,
seconded by Councilman Kirk.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion carried.
February 7, 1989
Page Two
E. ",-lotion to approve warrant registers for January, 198
General Fund $ 29,761.33
Public Utilities 72,534.48
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON
TODAY'S AGENDA.
F. OPEN PUBLIC HEARING FOR REZONING and ORDINANCE
ADOPTION:
1. Consider Petition 251-R for rezoning of property
located at corner of N.W. 6th Street and N.W. 5th
Avenue from Residential General to Commercial-1.
(Exhibit 1) (Ci-ty/County Planning Commission
recommended approval).
COUNCIIP EMBERS/ACTION
Motion to approve the warrant registers for
January, 1989 by Councilman Watford, seconded
by Councilman Collins (General Fund -
$29,761.33/Public Utilities - $72,534.48).
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
Administrator Drago stated that the Inter -
department Transfer of Funds (Exhibit 10)
should be added to the agenda as Item #14.
Motion by Councilman Thomas, seconded by
Councilman Kirk to approve the rezoning of
the property located at N.W. 6th St and
N.W. 5th Avenue (Block 72, Lots 12 & E 1/2
of Lot 11, City of Okeechobee - 500 SW
6th Street).
Sylvia Lipscomb, owner of the subject
property addressed Council, gave them
exhibits (a copy is on file in the
City Clerk's office), and answered questions
from Council.
Mayor Chapman asked for comments from the
Public regarding this rezoning. There were
none.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOTE ABSENT
YES NO
X
X'
Xi
X
X�
X
February 7, 1989
Page Three
2.
—4
Motion to read, by title only, Ordinance No. 611
amending chapter eight of the Code of Ordinances,
providing for health and beautification - City
Attorney (Exhibit 2).
COUNCIIMEMERS/ACTION
Motion by Councilman Thomas, seconded by
Councilman Watford, to read, by title
only, proposed Ordinance #611 amending chapter
eight of the Code of Ordinances, providing for
health and beautification.
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
Attorney Cook read the proposed Ordinance #611,
by title only, as follows:
Proposed ORDINANCE #611
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR THE REPEAL OF CHAPTER 9 AND
SECTION 11-7 AND 11-17 OF THE CODE OF ORDINANCES
OF THE CITY OF OKEECHOBEE, FLORIDA; DECLARING
SAME TO BE NULL AND VOID AND OF NO EFFECT;
PROVIDING A NEW TITLE FOR CHAPTER 8; PROVIDING
FOR NEW DEFINITIONS IN SECTION 8-1; AMENDING
SECTION 8-2 AND 8-4; PROVIDING FOR NEW SECTIONS
8-8 THROUGH 8-15 INCLUSIVE; AMENDING SECTION
8-17; PROVIDING FOR RESERVING 8-37 THROUGH
8-39 INCLUSIVE IN ARTICLE II, DIVISION 2;
PROVIDING FOR A NEW ARTICLE II, DIVISION 3
ENTITLED ENFORCEMENT; PROVIDING FOR
AN EFFECTIVE DATE.
VOTE
YES NO ABSE�,a
X
X
X
X
X
February 7, 1989
Page Four
2b. notion to adopt Ordinance #611 amending the
chapter eight of the Code of Ordinances, providing
for health and beautification.
CLOSE PUBLIC HEARING
G. NEW BUSINESS
1. Motion to appoint David Allen Green as a new
Fire Fighter - Chief Tomey.
COUNCHMEOERS/ACTION '-- VT -I ABSENT
L YES 1 NO i
Attorney Cook discussed and defined various
sections of the Ordinance with Council which
had been revised, added and/or deleted.
Motion to adopt Ordinance #611 amending chapter
eight of the Code of Ordinances, providing for
health and beautification by Councilman
Collins, seconded by Councilman Watford.
After lengthy discussion between Council,
Attorney Cook and Citizen Mike O'Conner,
Chapman X
Collins X
Kirk Ix
Thomas X 1,
Watford X
Motion carried. C{
Motion by Councilman Collins,
seconded by Councilman Thomas to
appoint Mr. David Allen Green as a
new Fire Fighter in the Fire Department.
Chapman X
Collins X
Kirk X
Thomas X
TIatford X
motion carried.
February 7, 1989
Page Five
2. Motion to appoint Mr. Steve Weeks to the
Firemen's Pension Board - L.C. Fortner, Jr.
COUNCIL HEMBERS /ACTION
Mr. Green was introduced to Council by
Chief Tomey. Chief Tomey informed Council
that Mr. Green was already Certified and an
EMT and is presently on duty in the Fire
Department.
Motion by Councilman Kirk, seconded by
Councilman Thomas to appoint Steve weeks
to the Firemen's Pension Board. Director
Fortner explained to Council that two (2)
members of the Firemen's Pension Board had
resigned (Gary Scherrer & Tracey Haberlandt).
Mr. Weeks will be appointed to replace one
of these individuals. This appointment to
be effective immediately and terminate
9/30/89. Another citizen will need to be
appointed to fill the other vacancy.
After discussion,
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOTE ABSENT
YESI NO
X
X
X
X
X
February 7, 1989
Page Six
3. Motion to appoint Mr. Charles Hood and Pair. Rick
Haggard as regular firefighters - Chief Tomey.
4. Motion to award a utility billing system to
Software Management, Inc. of Eustis, Florida in
the amount of $28,561.00 - Director of Public
Utilities (Exhibit 3).
COUNCIIrD1BERS/ACTION
Motion by Councilman Thomas, seconded by
Councilman Collins to appoint Charles Hood and
Rick Haggard as regular fire fighters. After
discussion,
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
Motion by Councilman Collins, seconded by
Councilman Thomas to award a utility billing
system to Software Management, Inc. of
Eustis, FL in the amount of $28,561.00.
Councilman questioned Director Fortner to
insure this system is compatible with our
present equipment, that it was a "turn key"
system (including training), that the
system meets all of the specifications and
corrects the problems currently being
experienced.
Citizen Danny Boromei addressed Council
with his comments.
After lengthy discussion by Councilman,
Director Fortner and Admimistrator Drago
concerning the bidding process,
Chapman
Collins
Kirk
Thomas
Watford
Notion Carried.
VOTE ABSENT
YES I NO
February 7, 1989
Paqe Seven
5. Motion to approve a contract between the
city and the Department of Community Affairs
in the amount of $9,939.00 for the city's
comprehensive plan - City Administrator (Exhibit 4
6. notion to approve a contract between the city and
the Central Florida Regional Planning Council in t
amount of $15,418.00 for the city's comprehensive
plan - City Administrator (Exhibit 5).
COUNC11MRIBERS/ACTION
Motion by Councilman Watford, seconded by
Councilman Collins to approve a contract
between the city and the Department of
Community Affairs in the amount of $9,939.00
for the City's Comprehensive Plan.
Administrator Drago informed Council that
there will be one (1) more phase to complete
the work on the Comprehensive Plan. Citizen
Andy Rubin stated that the price increase
was due to the City's and the County's
Comprehensive Plans being combined. After
discussion,
Chapman
Collins
Kirk
Thomas
Watford
►lotion Carried.
Motion by Councilman Watford, seconded by
Councilman Kirk to approve the contract
with the Central Florida Regional Planning
Council for the city's comprehensive plan
work in the amount of $15,418.00.
After discussion,
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOTE ABSENT
YES I NO
X
X
X
X
X
X
X
X
X
X
February 7, 1989
7. notion to adopt Resolution #89-2 supporting
a grant for Hospice from the Department of
Community Affairs - City Clerk (Exhibit 6).
Page Eight
COUNCILMEMERS/ACTION VOTE ABSENT
YES NO
Motion by Councilman Collins, seconded by
Councilman Kirk to adopt Resolution 89-2
supporting a grant for Hospice from the
Department of Community Affairs.
Councilman Watford clarified the reasoning
for Resolution 489-2 (whereby the Community
Services Trust Fund Grant Program had been
dropped (Resolution #89-1) and replaced with
the Community Services Block Grant). This
new Resolution was to clarify the change in
the names of the Grant.
Chapman
Collins
Kirk
Thomas
Watford
notion Carried.
RESOLUTION NO 89-2
A RESOLUTION OF THE CITY COUNCIL SUPPORTING
HOSPICE OF OKEECHOBEE IN ITS ATTEMPT TO OBTAIN
A GRANT FUNDED THROUGH THE COMMUNITY SERVICES
BLOCK GRANT, FEDERAL FISCAL YEAR 1989.
WHEREAS, the City Council of the City of
Okeechobee, Florida recognized the benefits of
the Hospice Organization to he residents of
the City of Okeechobee; and
February 7, 1989
Page Nine
COUNCIIM SERS/ACTION
VOTE
ABSENT
YES
NO
WHEREAS, the City of Okeechobee desires to
support Hospice in its attempt to obtain a
grant through the Community Services Block
Grant;
NOW, THEREFORE, be it resolved by the City
Council of the City of Okeechobee, Florida:
Section 1. That the City of Okeechobee does
hereby support Hospice in its attempt to obtain
a grant through the Community Services Block
Grant.
Section 2. That this Resolution shall take
effect upon its adoption.
INTRODUCED AND ADOPTED by the City Council of
the City of Okeechobee, Florida in regular
session assembled this 7th day of February, 1989.
8. Motion to read by title only and set March 7,
Mayor Chapman explained to Council that the
1989 as a public hearing date, Ordinance No. 612
Public Hearing date of February 21, 1989 needed
vacating and abandoning an alleyway located in
to be :ranged to March 7, 1989 to allow time for
Lots 3, 4, 5 and 6 of Block 154 - City Attorney
all property owners to be notified (30 days).
(Exhibit 7).
Motion by Councilman Watford, seconded by
Councilman Collins to read, by title only,
and to set March 7, 1989 as the Public Hearing
Date for Ordinance #612.
f
Chapman
X
t
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
i
February 7, 1989
Page Ten
8b. Motion to approve the first reading of
Ordinance #612, vacating and abandoning an
alleyway located in Lots 3, 4, 5 and 6 of
9. Consider a request from Mrs. Clara Seller
for water and sewer allocation - firs. Clara
Sellers (Exhibit 8).
COUNCILMEMBERS/ACTION
Attorney Cock read proposed Ordinance #612, by
title only, as follows:
PROPOSED ORDINANCE #612
AN ORDINANCE CLOSING, VACATING AND ABANDONING
THE ALLEY OR ALLEYWAY LOCATED IN LOTS 3, 4, 5
AND 6, OF BLOCK 154, CITY OF OKEECHOBEE;
DIRECTING THE CITY CLERK TO RECORD THE
ORDINANCE IN THE PUBLIC RECORDS OF THE COUNTY;
PROVIDING FOR AN EFFECTIVE DATE.
Motion by Councilman Kirk, seconded by
Councilman Thomas to approve the first reading
alleyway located in Lots 3, 4, 5 and 6 of
Block 154.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mrs. Sellers introduced Mr. Miles Plowden of
Florida Land Planning, Inc. who gave Council
a handout describing various aspects of the
proposed "Okeechobee Commons Apartment"
development, a senior citizen rental complex,
to be located along Wolf Road and S.W. 3rd
Avenue. (a copy of the exhibit is on file
in the City Clerk's office).
Mr. Plowden requested to be placed on the
waiting list for water and sewer allocation
and "go on the record as making this request,
even if it could be made retroactive at some
later date".
VOTE I ABSENT
YESI NO
X
X
X
X
X
February 7, 1989
Page Eleven
COLNWIIMEMERS/ACTION
VOTE
ABSENT'
YES
NO
After lengthy discussion between Mr. ?lowden
Mrs. Sellers, Director Fortner and Council,
'-lotion by Councilman Thomas, seconded by
Councilman Collins to table this matter until
a later date.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
RECESS: 3:15 P.M.
Mayor Chapman called the meeting back to order at 3:30 P.M.
10. Consider a re;uest from Mr. Robbie Hoover for
Mr. Hoover addressed Council and informed them
water and sewer allocation - Mr. P.obbin Hoover.
that he was before them representing for. Bill
Curren who is currently putting together a
20,000+ square foot office/warehouse facility
on Highway 98 North (approximately 1/4 mile
North of Highway 70). Mr. Curren is desirous
of running a 6" water line to the property from
the City ditch and also returning sewer back
to the nearest manhole, at some point in the
future. Permission has been granted and the
project has received a 1" water meter which,
Mr. Hoover stated will not be sufficient when
the project is "built out".
Mr. Hoover requested Mr. Curren's name be
added to the waiting list for water and
sewer allocation (when available) at a rate
of 22,000 gallons per month.
February 7, 1989
Page Twelve
COUNCIU4EMBERS/ACTION
VOTE
ABSENT
YES
NO
Motion by Councilman Thomas, seconded by
Councilman Collins to place ter. Curren's name
on the waiting list for water allocation
(at a rate of 22,000 gal/month).
Councilman Watford questioned Mr. Hoover
to be certain Mr. Curren understood he
will be responsible for paying for the
water line. Councilman Thomas reminded
'Mr. Hoover to double check on all sizes
of pipes, etc. prior to installation to
eliminate any problems later on during the
construction.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
Xv
,
Motion Carried.
11. Hear from the City and County Taxpayer's Group
11Ir. Andy Rubin, President of the City and
Against Consolidation - Mr. Andy Rubin.
County Taxpayers' Group addressed Council
and requested that the Group be allowed to
utilize the City Hall Council Chambers at
7:00 P.M. (for one hour) on the 3rd Thursday
of each month for the group's meetings -
beginning February 16, 1989. Council agreed
to the request.
Mr. Rubin spoke of various issues and view-
points on consolidation and topics the Group
will address at their meetings.
February 7, 1989
COUNCHMEMBERS/ACTION
VOTE
ABSE1\7
YES
NO
Attorney John Cassels addressed Council on
12. Discuss the Town Center Apartment water project -
City Administrator (Exhibit 9).
behalf of Mr. Jim Gadoury to discuss the
matter of the Town Center Apartment water
project. Mr. Cassels presented documents
to Council (a copy of the exhibit is on
file in the City Clerk's Office) in support
of their position of the monies they feel
are due Mr. Gadoury from the City.
After lengthy discussion between Mr.
Cassels, Mr. Gadoury, Attorney Cook and
Council, it was decided that Attorney Cook
and Attorney Cassels meet and attempt to
compromise the figures and return to Council
with their recommendations.
13. Update of items of interest to the City by
Nothing to report at this time.
z: County Commissioner Jack Williamson.
G_e
14. Request for Interdepartment Transfer and
Director Fortner explained to Council that the
Interbudgetary Amendments - Director of Public
Utilities Director (Exhibit 10).
bills for the Water Treatment Plant Expansion
have been received ($29,750.00). A transfer of
funds is necessary until monies are obtained to
cover these expenses.
Motion by Councilman Thomas, seconded by
Councilman Kirk to allow the interdepartment
transfer in the amount of $29,750.00 from the
Improvement/Replacement Fund to the Water Treat-
ment Expansion Fund.
Chapman
Y
Collins
X
Kirk
X
Thomas
!4atford
X
'lotion Carried.
J
February 7, 1989
Page Fourteen
H. COUNCIL REPORTS AND/OR REQUESTS:
1. Councilman Collins:
2. Councilman Thomas:
COUNCILMEMERS/ACTION I VOTE IABSENT
YES NO
Councilman Collins discussed a situation whereby
the government is presently considering
enacting a law to take away/reduce the amount of
mortgage payment interest individuals can file
on taxes.
Motion by Councilman Collins, seconded by
Councilmen Thomas and Kirk to (have Mr. Drago)
write a letter to our Senators and
Representatives on behalf of the City,
objecting to the decrease in the allowance/
limits (of the deductible interest for home
mortgages) which can be claimed on the Internal
Revenue Reports (Income Tax Returns).
Chapman
Collins
Kirk 1t�
Thomas
Watford A I 1
Motion Carried. I 1 --- I
Requested that political interest items (such
as the consolidation issue) be placed last on
the agenda at future Council Meetings.
3. Councilman Watford: a. Informed Council that he attended the
Legislative Delegation meeting and felt
they were very receptive to the City's
("wish list") suggestions.
February 7, 1989 Page Fifteen
COUNCIiMEMBERS/ACTIONVOTE
ABSENI
YES
NO
b. Requested the status of the Cedar Run
situation. Administrator Drago informed
Councilman Watford that "the attorney for
the developer was unable to get with City
Attorney Cook to present Mr. Cook with other
documentation to change Mr. Cook's opinion
about the letter being a contract." The
attorney (Walter Sylvester) is scheduled to
attend the next Council meeting.
c. Councilman Watford commented on the Porter
alley situation in that suit had been filed
(against the City). Attorney Cook stated
that he will respond and anticipates filing
a Motion to Dismiss. Mr. Cook felt the
earliest available hearing date would be
sometime in July.
d. Councilman Watford expressed his concern
c:
on the arbitration situation (Taddie/M&M
Contracting). Attorney Cook stated
that the attorney handling this matter
--
has filed a request with the Arbitration
Association to define the basis for the
award and break it down and explain how
the dollar figures were calculated.
Councilman Watford requested that Council
be kept advised on options and/or avenues
available to the City.
J
1
3
February 7, 1989
Page Sixteen
COUNCILMEMERS/ACTION
VOTE
ABSENT
YES
NO
e. Councilman Watford discussed the possibility
of gradually increasing the water and sewer
rates and suggested the Council consider a
small increase now. Attorney Cook stated
that there is an Ordinance prepared in this
regard which was being "held" until the
outcome of the arbitration was announced
so that actual dollar amounts required could
be considered in the Ordinance.
Motion by Councilman Watford, seconded by
Councilman Collins that the Public Utilities
Director, City Attorney and City Administrator
begin work on a rate structure (impact fees,
rates themselves, sewer, etc.) and try to
present something to Council as soon as possible,
within the next month or two.
Chapman
s
Collins
i;
Kirk
Thomas
-
Watford
Motion Carried.
4. Councilman Kirk:
a. Commented that he was anxiously awaiting
to see how the $1.5 million dollar figure
was arrived at in the litigation (Taddie).
b. Inquired of Administrator Drago whether or
not he had any further information regarding
the Health Insurance. Mr. Drago stated that
the Finance Director had sent out written
proposals which were due March 3, 1989.
February 7, 1989
5. Mayor Chapman:
ADJOURNMENT:
E 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:
C'. BONNIE S. THOMAS, CMC, CITY CLERK
i
COUNCILMEMBERS/ACTION
Nothing at this time.
Mayor Chapman adjourned the meeting at 4:55 P.M.
Pa a Seventeen
VOTE ABSENT'
YES I NO