1989-09-05 Regular Meetingo� .oKEF�y
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A. Call meeting to order.
B. Invocation o``ered by Reverend John Meyers:
Pledge of Al- giance led by Mayor Chapman
C. Mayor and Council attendance:
Mayor Oakland Chapman
Councilman Nick Collins
Councilman Jim Kirk
Councilman Oscar Thomas
Councilman Dowling Watford
Staff attendance:
City Attorney Cook
City Administrator Drago
City Clerk Thomas
Deputy Clerk Earnest
CITY OF OKEECEOEEE
CITY COUNCIL MEETING
September '1, 1989 - 2:00 y1.
SUMMARY OF CITI COUNCIL ACTION
D. Motion to dispense with reading and approve the Summary
of Council Action for the regular meeting of August 1,
1989.
COUNCILMEMBIIZS/ACTION
Mayor Chapman called the meeting
2:03 P.M.
Reverend Meyers;
Mayor Chapman.
Present
Present
Present
Absent
Present
Present
Present
Present
Present
Motion by Councilman Collins, seconded by
Councilman Watford to dispense with reading and
approve the Summary of Council Action for the
regular meeting of August 1, 1989.
Cho ;
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VGYE
YESI NO ABSENi-
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Sert.ember 5, 1989
0age Two
E. Motion to approve warrant registers for Juiy, 1989:
r General Fund $54,006.55
Public Utilities $120,851.86
i"RFQUE`T FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON
C .:M DAV S' AGENDA.
F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION
1. A. Motion to read by title only Ordinance 4613 -
City Attorney (Exhibit I.).
C)UNCII' !1�!BERS j 'ACT I ON
Motion by vounciiman Watford, seconded by
Councilman Collins to approve the warrant
registers for the month of July, 1989 in the
amount of:
General Fund $ 54,006.55
Public Utilities 120,851.86
Chapman
Collins.
Kirk
Thomas
Watford
Motion carried.
By request of the City Administrator, item number
five under New Business was withdrawn.
Motion by Councilman Watford seconded by
Councilman Collins to read by title only
Ordinance #613.
Chapman
Collins
�Ki.rk
Thomas
rWatford
Motion carried.
tCity Attorney read by title only Ordinance #613.
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
�TO ANNEX TO THE CITY A PARCEL OF LAND CONTIGUOUS
TO THE EXIS`1'ING BOUNDARY OF THE CITY PURSUANT TO
FLORIDA STATUTE 171.044, PROVIDING AN EFFECTIVE
DATE".
VOTE
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September 5, 1989
Page Three
B. Motion to adopt Ordinance #613.
2. Motion to remove from the table Ordinance #614.
COUNCILHM 21IBERS/ACTION
Motion by Councilman Collins seconded by
Councilman Kirk to adopt Ordinance #613.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Motion by Counciman Collins seconded by
Councilman Watford to remove from the table
Ordinance #614.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
3. A. Motion to read by title only Ordinance #614. Motion by Councilman Watford, seconded by
City Attorney (Exhibit 2). Councilman Collins and Kirk to read by title
only Ordinance #614.
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
PROVIDING FOR NEW DEFINITION IN SECTION 10-1,
AMENDING SECTION 10-30, PROVIDING FOR RESERVING
SECTIONS 10-31 THROUGH 10-35 INCLUSIVE IN ARTICLE
II, PROVIDING FOR A NEW ARTICLE III ENTITLED
PEDDLERS, SOLICITORS, STREET VENDORS, AND CHARITABL
ORGANIZATIONS PROVIDING FOR AN EFFECTIVE DATE".
-VVOOTE ABSENT
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September 5, 1989 Page Four
COUNCI I I,aIBER S /ACTION VOTE
YES V NO
B. Motion to adopt Ordinance #614. I
Motion by Councilman Collins, seconded by
Councilman Watford to adopt Ordinance #614.
Chapman.
Collins
Kirk
Thomas
Watford
Motion Carried.
After much discussion Councilman Wa.rord made a
motion to adopt the amended Ordinance with the
$25.00 per event fee and registration fee being
stricken. (The charitable organizations who plan
to conduct fund raising activities within the
city limits are required to fill out a registra-
tion statement with the City's finance depart-ment
�2 on or before Sept. 30 of each p year.) Seconded by
Councilman Kirk.
Chapman X
Collins X
Kirk X
Thomas
1 Watford X
Motion carried. 1
CLOSE PUBLIC HEARING
G. NEW BUSINESS
1. Presentation: of a proclamation to Mr. John Abney Mayor Chapman read the proclamation and
and Mr. Ted Kelchner proclaiming September 18 -22 j presented it to Ted Kelchner, President Chamber
as Industry Appreciation Week - Mayor Chapman. 1 of Commerece.
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September 5, 1989
Page Five
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2. Presentation of a proclamation of the City of
Okeechobee, proclaiming August 28 - September 4th
as Muscular Dystrophy Firefighters Appreciation
Week - Mayor Chapman.
3. Motion to appoint Mr. David Wilbur as a new police
officer - Police Chief.
4. Motion to appoint Mr Jeffrey Varri as a new
firefighter - Fire Chief.
5. Hear from Mr. Frank Altabello regarding his plumbing
bill - Mr. Frank Altabello (Exhibit 3).
6. Consider a request from Mr. Haynes Williams for
water and sewer allocation - Mr. Haynes Williams.
COUNCIIMR4BERS /ACTION
Mayor Chapman read the proclamation which will be
forwarded to the appropriate parties.
Motion by Councilman Collins, seconded by
Councilman Watford to appoint Mr. David Wilbur
as a new police officer.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Motion by Councilman Kirk, seconded by
Councilman Watford to appoint Mr. Jeffrey Varri
as a new firefighter.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
This item was withdrawn from the agenda.
Mr. Williams presented maps to the Council show-
ing the area where he needs the water alloca-
tion. Councilman Watford stated since this was
outside the city limits shouldn't the request
be placed on a waiting list and do we have the
capacity available at this time? Director of
Public Utilities explained there were problems
the Council needed to be aware of that affects thi
project. Heritage Place after being built was to
deed the water and sewer lines to the City, that
has not been accomplished yet and we are not sure
VOTE ABSENT
YES I NO
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September 5, 1989
Page Six
7.
LO
Consider ,,equest from Mr. Ernest Evans for a refund
of his sewer deposit - Mr. Ernest Evans (Exhibit 4).
Consider a request from the School Hoard for
connection to the City's water and sewer line on
Highway 98 - Mr. Danny Mullins (Exhibit 5).
COUNCIZMHIMERS/ACTION
sure if it is going to be accomplished. I don't
know if we can allocate or allow anybody to connect
to this system that doesn't belong to the City).'
Discussion ensued between City Administrator,
City Attorney, and Director of Public Utilities,
informing the Council of the current situation at
Heritage Place.
After discussing problems of the area, Councilman
Watford made a motion to grant the allocation
subject to the legal question of ownership of the
line being resolved, seconded by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
Motion by Councilman Watford, seconded by
Councilman Collins and Kirk to refund !sir. Ernest
Evans' sewer connection fee.
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
After lengthy discussion involving School Board
Attorney Conley, Director of Public Utilities,
City Administration, and Council, Council advised
they could not make a decision at this time due
Ito questions of capacity and fire regulations.
Ccuncilman Collins requested the City Attorney,
and Director of Public Utilities meet with all
VOTE ' ABSENT
YES NO
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P.
September 5, 1989
Page Seven
9. Motion to approve a contract for the final phase of
the City comprehensive plan between the City
and the Central Florida Regional Planning Council
in the amount of $19,350.00 - City Administrator
(Exhibit 6).
10. Hear from Mr. Mark Pe, onius of the Central Florida
Regional Planning Couri,-;il on draft elements of the
City's comprehensive plan - Mr. Mark Personius
(Exhibit 7).
COUNCIIMENIBERS /ACTION
who are involved to see if we can grant the utilites
connection request and whether it will work. The
school representatives agreed to resubmit their
request at the next council meeting.
Mark Personius went over the contract, (this is a
joint contract with the County). Motion by
Councilman Watford, seconded by Councilman Kirk
to approve the contract by Central Florida
Regional Planning Council as presented.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mr. Personius went over the draft to explain in
more detail and make any amendments. Motion by
Councilman Watford to approve the draft's
Conservation Element and Recreation Element, of
the Comprehensive Plan and instruct the Regional
Planning Council to forward them to DCA, seconded
by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mayor recessed meeting at 3:45 P.M.
Meeting was called back to order at 3:57 P.M
VOTE ABSENT
YES I NO
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September.5, 1.989
Page Eight
11. Consider a petition for annexation from Mr. and Mrs.
Ernest Evans, Mr. and Mrs. Martin Brown, and Mr. and
Mrs. Donald Brown - City Administrator (Exhibit 8),
12. A. Motion to read by title only, and set September
19, 1989 as a public hear date, Ordinance #615 -
City Attorney (Exhibit 9).
COUNCILMEMBERS/ACTION
John. Cassels appeared on behalf of the developers
to present a petition for annexation. He requested
Council read the proposed Ordinance #616 today.
Motion was by Councilman Collins, seconded by
Councilman Kirk to read by title only proposed
ordinance #616.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read the proposed ordinance #616.
"AN ORDINANCE ACCEPTING THE PETITION FOR VOLUNTARY
ANNEXATION FOR PARCELS "I", "V", AND "VI" LYING IN
AND COMPRISING A PART OF SECTION 27 TOWNSHIP 37
SOUTH, RANGE 35 EAST OF OKEECHOBEE COUNTY FLORIDA."
!Motion by Councilman Collins, seconc d by
;Councilman Kirk to set October 3, 1989 as the
second and final hearing of the proposed
ordinance #616.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Motion by COLM17ilman Collins, seconded by
Councilman Watford .
VOTE 4 ABSENT
YES I NO
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September 5, 1989
B. Motion to approve the first reading of Ordinance #615.
COUNC I IMH211BERS /ACTION
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read by title only ordinance #615.
"AN ORDINANCE OF THE CITY OF OKEECHBOEE, FLORIDA
AMENDING CHAPTER 18 CODE OF ORDINANCES WATER,
SEWER AND SEWAGE DISPOSAL.BY RESCINDING SAID
CHAPTER AND DECLARING SAME NULL AND VOID; ENACTING
A REVISED CHAPTER 18 ENTITLED "WATER AND SEWER
REGULATIONS" AND DIVIDING SAID CHAPTER INTO
ARTICLE I ENTITLED IN GENERAL, WITH SUBSECTIONS
18-1 THROUGH 18-29; ARTICLE II ENTITLED WATER
SYSTEM, WITH SUBSECTION 18-39 THROUGH 18-59;
ARTICLE III ENTITLED SEWERS AND SEWAGE DISPOSAL,
WITH SUBSECTIONS 18-60 THROUGH 18-75. (etc),
FURTHER PROVIDING THAT WATER AND SEWER RATES AND
FEES BE ENACTED BY RESOLUTION; PROVIDING AN
EFFECTIVE DATE.
Motion by Councilman Collins, seconded by
Councilman Watford to approve the first reading
of Ordinance #615.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Motion by Councilman Collins, seconded by
Councilman Kirk to set a workshop on September
18, 1989 at 5:30 for reviewing Ordinance #615.
Page Nine
VOTE ABSENT
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September 5, 1989
13. Discuss the Remedial Work for the Wastewater
Collection System - Councilman Collins.
14. Discuss the Beach Water Contract - Councilman Collins
COUNCIL I-EMERS /ACTION
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Motion by Councilman Collins, seconded by
Councilman Kirk (for discussion) to hire an
engineer to evaluate the plans and the remedial
work. After a lengthy discussion between Council,
Staff and audience, vote by Council:
Chapman
Collins
Kirk
Thomas
Watford
;Motion carried.
(Councilman Collins stated "A few weeks ago we
gave Mr. Drago the authority to draw up a new
contract with Beach Water Association about new
rate structure; at that time they assured him
they wanted to pay their fair share, later when
they met all they talked on was allocation of
water. I make a motion that we give Mr. Drago
the authority to negotiate with Beach Water a new
contract and if they are not willing to negotiate
it that we do not give them anymore allocation of
water and when the present contract runs out they
look other places for water". Seconded by
Councilman Kirk (for discussion).
After lengthly discussion between Council and
Director of Public utilities, Councilman Kirk
withdrew his second to the motion, and Councilman
Page Ten_
VOTE ABSENT
YES NO
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September 5, 1989
Page Eleven
15. Update of items to the City by County Commissioner
Jack Williamson.
COUNCIIME�IBERS /ACTION
Collins withdrew his motion; Councilman Collins
then made a new motion for the City Council to
give Mr. Drago the authority to begin negotiation
with Beach hater and if they are not agreeable to
negotiate a new rate structure at that time we will
not allocate them anymore water other than what the
are presently getting today. Councilman Kirk state
"I do not think they should get water cheaper than
the people in the City, but we have to honor the
contract we have with them currently until 1994,
we )uld wait untill then and when its time for a
renewal contract give them the deal then"; no
second on the motion. No official action was taken
on the motion.
Not at this time.
Recess at 5:05 P.M.; Mayor called the meeting
back to order at 5:12.
H. Budget Workshop ! Budget Workshop Discussion:
Councilman Collins made the suggestion that if
they could not get a good deal on a yearly lease
to go ahead and buy the piece of equipment (to clear
drainage ditches).
Councilman Watford a) questioned which streets
were to be paved, and stated we might want to make
some changes but he would save it for the budget
workshop.
b) Pay raise to the City Council, I do not know
that that is something we necessarily need. Its
difficult to vote to give yourself a raise.
c) The employee incentive bonus. We need to
think about that issue.
VOTE ABSENT
YES NO
SeatFm'Der 5,, 1989
Page Twelve
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Adjournment
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
PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED.
OAKLAND R. CHAPMP,d , MAYOR
-ATTEST:
C
BONNIE S. THOMAS, CMC
CITY CLERK
COUNCII N I ERS /ACI ION
City Administrator went through the budget by
Department to better explain each issue in detail.
Mayor adjourned the meeting at 5:55 P.M.
VOTE AF�SEN1
YES NO