1990-04-24 WorkshopI
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CITY OF OHEECHOBEE
CITY COUNCIL AND COUNTY COMMISSION WORKSHOP MEETING
April 24, 1990 - 7:30 P.M.
SUMMARY OF COUNCIL AND COMMISSION DISCUSSION
COUNCIIMaCERS/ACTION
VOTE
ABSENT
YES
NO
�. Call Meeting to Order.
Chairman Commissioner Betts called the workshop to
order at 7:30 p.m.
S. Mayor and Council attendance:
Mayor Oakland Chapman
Present
Councilman Nick Collins
Present
Councilman Jim Kirk
Present
Councilman Oscar Thomas
Present
Councilman Dowling Watford
Present
Staff attendance:
City Attorney Cook
Present
City Administrator Drago
Present
City Clerk Thomas
Present
Deputy Clerk Earnest
Present
Chairman and Commissioner attendance:
Chairman Cliff Betts, Jr.
Present
Commissioner Charles Harvey
Present
.Commissioner Nathaniel Hazelief
Present
Commissioner Elder Sumner
Present
Commissioner Jack Williamson
Present
Staff attendance:
County Attorney Mike McNamee
Present
County Manager Dale Milita
Present
Deputy Clerk Betty Shoemaker
Present
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April 24, 1990 page two
COUNCILMEI-MERS/ACTION
VOTE
ABSENT
YES
NO
C. Purpose of workshop meeting.
Chairman Betts explained the purpose of the meeting
was to discuss an inter -local agreement between the
City of Okeechobee and Okeechobee County concerning
the issue of solid waste.
D. Discussion:
Councilmen and Commissioners agreed to follow the
agenda outline presented by the County.
County Attorney McNamee expressed his legal opinion
in quoting Florida Statute 403.706(1) "The governing
body of a county has the responsibility and power to
provide for the operation of solid waste disposal
facilities to meet the needs of all incorporated and
unincorporated areas of the county ..." (Exhibit 1)
Attorney McNamee also reviewed a copy of a letter
from Nabors, Giblin & Nickerson Attorneys at Law
(Exhibit la) in which their conclusion was "we be-
R
lieve that the County already has suffiecient gen-
eral law and home rule authority to institute a
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countywide solid waste disposal program and to fund
the program through the imposition of a countywide
solid waste disposal assessment, subject to the lim-
ited rights of municipalities described above. As a
consequence, we do not feel a special act preempting
to the County the power to administer solid waste
management programs or provide solid waste disposal
facilities is necessary. The additional preemptive
power of a special act would only eliminate the lim-
ited circumstance of potential municipal interferenc
in solid waste disposal described above. We also
deem it likely that AGE 089-85 will be limited to
its facts and will not impede collection of disposal
assessments on the tax bill."
City Attorney Cook agreed with Attorney McNamee in
that the County has the authority to operate a facil
ity, however, he does not feel they (County) should
govern it alone.
April'24, 1990
page three
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
Continued . . . Discussion:
After lengthy discussion among Council, Board of
Commissioners and Attorneys a recess was called at
8:30 P.M., Chairman Betts reconvened the meeting at
8:45 P.M.
Council and Board of Commissioners agreed that at
the next Council meeting Councilmen will nominate
two members who are to represent the City, at least
one is to be an elected official of the City. The
Board of Commissioners at their next meeting will
nominate two members who are to represent the unin-
corporated area of the County, at least one is to be
an elected official of the County. when the four
are appointed they will nominate one member from the
general public. The five will serve as a citizens'
advisory board to be titled "Okeechobee Solid waste
Board (OSWB)".
LThe
board's (OSWB) purpose will be to conduct studie
and review the handling, collection and safe disposa
of solid waste in the County; recycling; storage;
expansion of facilities; alternative methods of dis-
posal; and making reports to the Board as deemed ap-
propriate.
Council and Commissioners instructed their attorneys
to work together on the language and content of the
inter -local agreement.
April 24, 1990 page four
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
ADJOURNMENT
Chairman Betts:
Chairman Betts adjourned the meeting at 8:55 P.M.
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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. CHAPMAN, MAYOR
ATTEST:
�►
BONNIE S. THOMAS, CMC
CITY CLERK
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