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1987-01-20 Regular Meeting4026 REGULAR HEETIN~ TUESDAY. JANUARY 20,1987 A. CALL TQ ORDER The meeting was called to order at 2:00 P.M. B. INVOCATION AND PLEDGE QF ALLEGIANCE The Invocation was offered by Councilman Watford followed by the Pledge of Allegiance. C. MAYOR AND COUNCIL ATTENDANCE: Mayor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Present STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Wilkerson Present D. HOTION TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF COUNCIL 87-1 ACTIQH FOR THE REGULAR MEETIN~ OF JANUARY 6, 1987 Motion by Councilman Collins, seconded by Councilman Thomas. Vote - Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. E. REOUEST FQR THE ADDITION, DEFFERAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA Administrator Drago requested Item #4 under New Business be removed from the agenda. Council agreed. F. OPEN PUBLIC HEARING FOR FINAL ORDIHANCE ADOPTION: ~7-16 a. Motion.~ r~d i~ full an ordinance for voluntary annexation for the appropriate legal descriDtion located a~ 1809 Highway Motion by Councilman Collins, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Rubin and Thomas yea. Motion carried. Hayor Chapman read the ordinance in its entirety. AN ORDINANCE ACCEPTING THE PETITION FOR VOLUNTARY ANNEXATION OF PARCEL "C" LYING IN AND COMPRISING A PART OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION I: The Petition for Voluntary Anenxation filed by the owners of the following described real property located in the unincorporated area of the County of Okeechobee, Florida, to-wit: PARCEL "C": South one-half of Southwest one-quarter of Northwest one-quarter of Northwest one-quarter. Lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida. is hereby accepted. SECTION II: The municipal boundary lines of the City of Okeechobee are herby redefined to include the real property described in the foreoing SECTION I: A copy of this ordinance shall be filed for record with the Clerk of Court of Okeechobee County. - I - 11 "Il 4027 SECTION III: The ordinance shall take effect immediately upon its adoptl~nF .... Introduced for first reading and set for final hearing this 16th day of December, 1986. Passed on second reading this 20th day of January, 1987. b. Mo~iQn to adopt the final reading of an ordinance for voluntary annexation for the appropriate legal description located at 1809 Highway 441 South Motion by Councilman Collins, seconded by Councilman Rubin. Attorney John Cassels, representing the property owners, addressed Council answering questions involving the property. Vote - Councilmen Collins, Rubin, Thomas and Watford yea. Motion carried. Attorney Cassels requested water service and sewer allocation for 24,000 gallons of sewer use per day for the proposed development. Director Fortn~r explained the City would be able to comply with the request of sewer allocation, once the moritorium was lifted from DER. Following discussion, Councilman Watford made a motion to approve the sewer allocation of 24, 000 gallons~ per day for the project, seconded by Councilman Thomas. Vote - Councilmen Watford, Thomas, Rubin and Collins yea. Motion carried. c. Motion to read by title only an amendme~ to Ordinance No, 585 87-~ to modify the utility easement provision in the alley closing of Block ~30. betweeg lots 7 through 9 ~nd ~0 through 12: located ~ 608 South Por[ott Avegu¢ Motion by Councilman Collins, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Rubin and Thomas yea. Motion carried. Mayor Chapman read the ordinance title. AN ORDINANCE ABANDONING A PORTION OF THE PERPETUAL, NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES IN AND OVER THE ALLEYWAYS IN BLOCK 230, FIRST ADDITION TO OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. d. Motion tO adopt the final [¢~ding of an ordinance amending Ordinance NO. 58~ t~ modify the utility Ca$~meBg p~Qvision in the alley closin~ of Block 230. between lots 7 through 9 and 10 throuoh 12 locage~ at 608 South Parrotg Avenue Motion by Councilman Collins, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Thomas and Rubin yea. Motion carried. e. Mo~ion to read bv title only an ordinance providing for animal control, behavior and welfare ~7-1h Motion by Councilman Thomas, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Rubin and Watford yea. Motion carried. Mayor Chapman read the ordinance by title only. AN ORDINANCE PROVIDING FOR THE CONTROL, WELFARE AND BEHAVIOR OF AMIMALS IN THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR THE REPEAL OF ORDINANCES 410, 465; PROVIDING FOR DEFINITIONS; PROVIDING FOR DUTIES OF HUMANE OFFICER, CODE ENFORCEMENT OFFICER, POLICE OFFICER; PROVIDING FOR ANIMALS Itt GENERAL; PROVIDING FOR VACCINATION; PROVIDING FOR LIMITATION AS TO NUMBER OF ANIMALS; PROVIDING FOR ANIMALS-AT LARGE OR RUNNING-AT-LARGE; PROVIDING FOR PROCEDURES IF AN ANIMAL HAS A DISEASE OR BITES A PERSON; PROVIDING FOR IMPEDING OFFICERS; PROVIDING FOR ANIMAL WELFARE; PROVIDING FOR A PUBLIC NUISANCE; PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS BY HUMANE OFFICERS AND OTHERS; PROVIDING FOR PENALTIES AND FINES; PROVIDING AN EFFECTIVE DATE. f. Motion tQ adopt the final r~ding of an ordinance providing for ~7-]~ animal control behavior and w~fare. Motion by Councilman Collins, seconded by Councilman Thomas for discussion. Discussion ensued. Councilman Thomas withdrew his second for discussion. Councilman Watford seconded the motion for discussion. Councilman Watford made a motion to amend the ordinance as follows: Page 3, Section 6 - amend the word "of" to "or" Section 13, Paragraph A - first sentence to read "an officer who has probable cause to believe that a person has committed an act in violation of the chapter may issue such person a warning or citation. Section 13, Paragraph C - second sentence to read "appear before the City Code Enforcement Board" stiking the words "in County Court" to contest the citation. ~i~el4 - Ponalties & Fees Paragraph D - under licenses and tags - add "G - - $3.00. 4028 Councilman Thomas seconded the motion to amend the ordinance. Following discussion concerning the amendment of the ordinance Councilmen Thomas withdrew his second to amend, Councilman Watford withdrew his motion to amend. Council agreed to schedule a workshop session to discuss the ordinance further. CLOSE PUBLIC }{EARING FOR FINAL ORDINANCE ADOPTION. G. OLD BUSINESS: 1. ~otion to approve a r~solution authoriziBq the construction and aeauisition of additions, extensions and improvements to the wa~eF and sewer system and the refundina of cerain outstandin~ obliqations of ~he city; providinq for the issuanc~ not to exceed $9,885,000, in wa~¢r and sewer refunding add improvement revenue bonds Hotion by Councilman Collins, seconded by Councilman Rubin. Discussion. Mr. Bill Weathers addressed to Council explaining the bond procedures. Vote - Councilmen Collins, Rubin, Thomas and Watford yea. Motion carried. 2. Motion to approve an addendum to the Humane Society Agr~men~ authorizin~ the Humane Society to issue do~ and ca~ licenses and retain the license fee to defray direct costs rela~ed to its agreement with the City Motion by Councilman Collins, seconded by Councilman Watford. Discussion. Vote - Councilman Collins, Watford, Thomas and Rubin yea. Motion carried. 3. ~otion to aDDoint Diane Ro~er$ as ~h¢ city's Humane Officer Motion by Councilman Collins, seconded by Councilman Watford. Discussion. Vote - Councilmen Collins, Watford, Thomas and Rubin yea. Motion carried. 4. ~,~o~ion to authorize the City Attorney ~o file two liens a~ainst Mr. Frank Kri~el for lot cleanin~ at Wri~h~'s First Addition, Block 13: lots 1 and 4 located at 701 S.E. 10th Avenue, in'the amounts of $75.00 and $35.00 Motion by Councilman Thomas, seconded by Councilman Collins. Discussion. Attorney Bryant stated the $75.00 amount should be $87.50. Councilmen Thomas and Collins agreed to the amendment of their motion changing the amount to $87.5O. Vote - Councilmen Thomas, Collins, Rubin and Watford yea. Motion carried. 5. Motion to ratify a DroDosed county ordinance establishing district regulations for the incorporated and unincorporated areas of Okeechobee Motion by Councilman Watford, seconded by Councilman Rubin. Discussion. Councilman Watford made a motion recommending the amendment of Page 5, ~2 after the words "City Council" add the words "for those signs in the incorporated area and by the County Commission in those areas of the unincorporated area". Page 7 - add the words under Special Exception - #1 - "but not" including bulk storage of flammable liquids". Councilman Thomas seconded the motion. Discussion. Vote - Councilmen Watford, Thomas, Collins and Rubin - yea. Motion carried. H. NEW BUSINESS 1. FIRST READING QF ORDINANCES a. Motion to read by ~itle only and set F~b~uary 3, ~987, as the public hearin~ date, an ordinance providing for a public $~rvice fee and voluntary annexation in ~he city Motion by Councilman Collins, seconded by Councilman Watford. Discussion. Vote - Councilmen Collins, Watford, Rubin and Thomas yea. Motion carried. --' Mayor Chapman read the ordinance title. AN ORDINAHCE PROVIDING FOR A PUBLIC SERVICE FEE AND VOLUNTARY ANNEXATION IN THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CALCULATIO~ OF THE FEE; PROVIDING FOR PUBLIC SERVICE FEE LEVY; PROVIDING FOR PROCEDURE; PROVIDIHG FOR LIEN FOR UNPAID PUBLIC SERVICE FEES; PROVIDING FOR VOLUNTARY ANNEXATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. .... I - 11 ll ' ' 4029 b. Motion to approve the first reading of an ordinance providing for a publi~ service fee and voluntary annexation in the city Motion by Councilman Collins, seconded by Councilman Thomas. Discussion. Vote - Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. 2. Motion to approve a resolution supporting HQ~Bice in i~'s attempt to obtain a ~rant funded through the Community Serviceg Block Grant Motion by Councilman Thomas, seconded by Councilman Watford. Discussion. Vote - Councilmen Thomas, Watford, Rubin and Collins yea. Motion carried. Clerk Thomas read the resolution. ~7-19 A RESOLUTION SUPPORTING HOSPICE IN ITS ATTEMPT TO OBTAIN A GRANT FUNDED THROUGH THE COMMUNITY SERVICES BLOCK GRANT, FEDERAL FISCAL YEAR 1987. WHEREAS, the City Council of the City of Okeechobee recognizes the benefits of the Hospice Organization to the residents of the City of Okeechobee; and WHEREAS, the City of Okeechobee desires to support Hospice in its attempt to obtain a grant through the Community Services Block Grant; NOW, THEREFOREv 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 in regular session assembled this 20th day of January, 1987. 87-11 3. Motion to award a one year contract to Apperson Chemical Co., in the amount of $141.080.60. to supply the City with the needed chemicals for the treatment of water and wastewater Motion by Councilman Collins, seconded by Councilman Rubin. Discussion. Vote - Councilmen Collins, Rubin, Thomas and Watford yea. Motion carried. 4. Update on items of interest to the City by County Commissioner Jack Williamson Mr. Williamson updated the Council on the status of Post Office location. Commissioner williamson presented the fire department merger conceptual plan to the Council. Councilman Thomas made a motion to approve the concept of the plan being put into a legal document by City Attorney after the plan has been approved by the County Commission, seconded by Councilman Collins. Discussion ensued by Council concerning the merger. Vote - Councilmen Thomas, Collins, Rubin - yea. Councilman Watford - nay. Mayor Chapman voted yea. Motion carried. Attorney Bryant requested the Council consider keeping Engine ~1 if the Fire Department was going to merge with the County. ~7-h ~.COUNCIL REPORTS AND/OR REOUEST$ 1. Councilman Collins 2. Councilman Thomas Councilman Thomas questioned the status on the removal of the old steel bridge. Administrator Drago stated he sent a letter to the Corps of Engineers, Department of Transportation and South Florida Water Management District putting them on notice that the bridge is a hazardous situation, the City will not accept responsibility for any accidents that occur and giving them a suggestion on how they can cost effectively remove the structure. 403O JAN 2 0 3. Councilm~ Watford Councilman Watford asked Clerk Thomas if she checked with the County Supervisor of Elections on the cost of the elections. Clerk Thomas stated she would explain the election cost to Councilman Watford the next day. Councilman Watford asked Administrator Drago if .anything had been done concerning the impact fee ordinance. Administrato~ Drago stated he was requesting information and the Council would have a proposed ordinance within the next two months. Councilman Watford asked if the City Council could appoint the two members to the City/County Planning and Zoning Board as discussed at the last meeting. ~7-3~ Commissioner Williamson explained the County Commissioners felt it would put them in a bad position if they did not agree with the City Council's recommendation, therefore the County Commissioners prefer to leave the procedure for appointing these Board Members as is. Councilman Watford stated the Legislative Delegation would be here on the 87-36 29th, he recommended the Council have a representative present. Councilman Thomas made a motion that Councilman Watford be the City's representative for the legislation, seconded by Councilman Rubin. Vote - Councilmen Thomas, Rubin and Collins yea. Motion carried. Councilman Watford discussed with Council N.W. 4th Street where the 87-12 contractor tore up the road. They also have structures built partially on the City's right of way. Administrator Drago stated County Attorney, Kyle VanLandingham was suppose to give him the necessary documents to present to the Council to abandon the right-of-way with the permanent utility easement. For the City to grant that request the County has agreed to pave from the sidewalk over to the median strip. 87-45 Councilman Watford stated that River Run has begun some work on Phase II, he then requested the City Attorney or City Administator send a letter to the owners of River Run informing them that any construction done would be at their own risk because the City has not approved the Phase II plat. Councilman watford stated the Florida Regional Planning Council held a ~7-3~ workshop at the Civic Center and presented a draft copy of the Regional Plan. He stated this plan was very important to governments and encouraged the Council to keep up with it. 4. Councilman Rubin Councilman Rubin asked Street Director Elders to check into the situation involving a manhole in front of Johnny Mack Kinsaul's house at 405 S.W. 12th Street. Councilman Rubin commented on the Central Florida Regional Planning Council workshop at the Civic Center and congratulated Jack Williamson on being appointed President of the Central Florida Regional Planning Council. 5. M~yor ~haDman Mayor Chapman asked if the Council wanted to set a date for the workshop concerning the animal control ordinance. After discussion, Council agreed on 6:00 P.M., Tuesday, January 27th, 1987. ~7-2~ 6. Administra~Qr DraqQ ~ Administrator Drago stated the American Arbitration Association had determined that the arbitration hearing will be held in Okeechobee involving the Taddie dispute. ~Administrator Drago stated the contract with L.P. Sanitation is due, and he,anted to know if Council wished to discuss having twice a week pickup or remain with the once per week. Council agreed to wait for the cost figures at the next meeting. 4'0':3 1 ADJOURNMENT ~ £' The meeting was adjourned 6:30 P.M. : AYOR 'AKL ND FIAN ATTEST: BONNIE S. 'TH0hAs,' CMC .' ~ :.:~ CITY CLERK ' ~ R ' NO~ICB IS H~R~BY GIVE~ THaT I~' ~Y PERSO~ SHOHBD DECIB~ ~O ~PP~h ~Y D~ClSION M~DE ~T THIS ~EE~I~G O~ THE CITY COH~CIB~ SHCH PBRSOR WIBB ~BED TO I~SURB THaT ~ vBRB~TI~ R~ OF THE PROCEEDINGS IS MADE WHICH I~CBUDES ~HB TESTIMONY EVIDENCE UPON WHICH THE ~PPE~B I8 A. CALL TO The Workshop meeting was calle0 to o=~er at 6=00 P.~:. to discuss ani~al cont=ol ordinance. HAYOR AMO COUNCIL ATTENDANCE= ~ayor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling ~'~atford Present STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drags Present City Clerk Thomas Absent Deputy Clerk ~7ilkerson Present ~7-~ C. ~ISCUSSION ON ANI~AL CONTROL ORDINANCE Administrator Drags Stated the amended ordinance contained the changes which were requested by Coundilman Warlord in the Council .meeting of January 20, 19R7. Councilman ~atford stated the only other change which he would like to ~3iscuss would be in regards to the County Cou~t handling the cases. Lloyd Jeffers, Code Enforcement Board Chairman, agreed with the ordinance amendment to send the cases through the County Court system for processing. Discussion ensued regarding the County Court handling the cases. Council discussed the possibility of having the Veterinarians sell the license tags for the dogs and cats. '~embers of t% ~ audience requested the Council to e~plain different portions of t~e ordinance. Council statec] most of the ordinance was already law, the Council was just updating certain areas of the ordinance. Attorney B~yant suggested the fee on Page 7, ~5. Section 3 - b, be established by the Humane Society so the ordinance would not have to be amenfled each time there was a price change by the Humane Society. Council agreed for the fee to be established by the Humane Society. Followiog further discussion on the ordinance, Administrator Drags requested the Council make a motion to have the ordinance placed on the agenda for the next regular meeting for Council action. (us formal vote is taken at workshop meetings). Council unamiously agreeJ for the ordinance to be placed on the agenda of the upcoming meeting february 3rd. 7. A~JOURNHENT The wgrkshop meeting was adjourned at 7:30 P. ~AYOR O~LAND R. CHAPH~ ATTE ST: TUE~E IS A ~APE OF THIS MEETING II: ITS ENTIRETY ON FILE IN TIlE OFFICE OF CITY CLERX. ',9~ICE IS HEREBY GIVEN THAT IF ANY PERSO'.'. SHOULD DECIDE TO APPEAL A:;Y 5ECISICE~ "AD7 AT THIS [~ETING 0F THE CITY COUNCIL, S~CH PERSOU ~ILI, NEED TO I?~V]RE A VZEqATI~' 2ECORD OF THE PROCEEDIHG.~ IS "ADE 'U~ICU IHCLUDES TH'~ '?T?TI~OTY 7VIDE'TCE UPON ~fHICH THE APPEAL IS BASDD.