Loading...
1996-08-20 Regular Meeting212 A. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Call Meeting to order on August 20, 1996. Invocation offered by Reverend John Paul Ziegler; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Michael G. O'Connor Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the meeting to order on August 20, 1996 at 7:12 p.m. Dowling R. Watford, Jr. offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Absent Present Present Present Present Present D. Motion to dispense with the reading and approve the Sum- Council member Chandler moved to dispense with the reading and approve the mary of Council Action for the Regular Council Meeting of Summary of Council Action for the Regular Council Meeting of August 6, 1996; seconded August 6, 1996. by Council Member Watford. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. PAGE 1 OF X X X U X X X X AUGUST 20, 1996 - REGULAR MEETING - PAGE 2 OF 11 213 REQUEST FOR THE ADDITION, DEFERRAL OR Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. items on today's agenda. Council Member Watford requested new business item number seven be added to the agenda to allow for discussion concerning drainage problems. E. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION Mayor Kirk opened Public Hearing for Ordinance Adoption at 7:14 P.M. 1. a. Motion to read by title only Ordinance No. 689 - Council Member O'Connor moved to read by title only, proposed Ordinance No. 689 City Attorney (Exhibit 1). concerning the distance from church, school or day care center to sell alcoholic 11 beverages; seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 689 by title only as follows: "AN ORDINANCE OF THE CITY OF OICEECHOBEE, FLORIDA RESCINDING SECTION 3.3 OF THE CODE OF ORDINANCES, ADOPTING A REVISED SECTION 3.3; DESIGNATING THAT THE DISTANCE AND LOCATIONS OF AN ESTABLISHMENT THAT SELLS ALCOHOLIC BEVERAGES FROM ANY CHURCH, SCHOOL OR DAY CARE CENTER BE DETERMINED AND CALCULATED ACCORDING TO THE FUTURE LAND USE MAP DESIGNATIONS WITHIN THE CITY; PROVIDING FOR MEASURING THE DISTANCES BETWEEN SUCH USES; RESTRICTING EXPANSION OR RE- ESTABLISHMENT OF EXISTING BUSINESSES THAT SELL ALCOHOLIC BEVERAGE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. " 1. b. Public Comment. Mayor Kirk asked if there was any questions or comments from the public. Mr. J.A. Tootle III commented that this was just another law to have on the books. X X X X 1:1 r_ 214 AUGUST 20,1 996 - REGULAR MEETING - PAGE 3 OF 11 E. 2. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. c. Motion to adopt Ordinance No. 689. III Council Member O'Connor moved to adopt Ordinance No. 689; seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD - ABSTAINED MOTION CARRIED. Council Member O'Connor commented he wanted to thank the clergy, Attorney's Cook and Conley, and Administrator Drago for making this happen, this was about a property rights issue and he felt it was a step in the right direction for growth. a. Motion to read by title only, Ordinance No. 692 - City Council Member Watford moved to read by title only, proposed Ordinance No. 692 Attorney (Exhibit 2). (amending the City Comprehensive Plan Future Land Use Map, Applications for Cycle -1996); seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 692 by title only as follows: "AN ORDINANCE OF THE CITY OF OI<EECHOBEE, FLORIDA AMENDING THE CITY OF OICEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." X X X X X X QR X X AUGUST 20, 1996 - REGULAR MEETING - PAGE 4 OF 11 215 _-4 E. VA 2 2. 3. PUBLIC HEARING FOR ORDINANCE ADOPTION b. Public Comment. III Mayor Kirk asked if there were any questions or comments from the public. There were none. Council Member Watford asked if Attorney Cook could go over the procedure for adopting Small Scale Amendments to the Comprehensive Plan. Attorney Cook advised that the State has tried to make these amendments as easy as possible and they only require one reading to pass the ordinance and it will take effect thirty-one days from the date of adoption. Planning Consultant Jim LaRue commented that what Attorney Cook had advised was true. He also stated for the record that items "a through g" in the ordinance are the same amendments as what the Land Planning Agency reviewed and recommended approval of after finding them to be in compliance with the Comprehensive Plan. c. Motion to adopt Ordinance No. 692. III Council Member Watford moved to adopt Ordinance No. 692; seconded by Council Member O'Connor. d. Vote on motion. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. a. Motion to read by title only, proposed Ordinance No. Council Member Watford moved to read by title only, proposed Ordinance No. 693 693 - City Attorney (Exhibit 3). (amending the City Comprehensive Plan, Text Amendments for Cycle 1-1996); seconded by Council Member Chandler. Attorney Cook read proposed Ordinance No. 693 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE, COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED AMENDMENTS IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." X X X X R► 216 F. E. �3 3. AUGUST 20, 1996 - REGULAR MEETING - PAGE 5 OF 11 PUBLIC HEARING FOR ORDINANCE ADOPTION b. Public Comment. III Mayor Kirk asked if there was any comments or questions from the public. There were none. c. Motion to approve the first reading of Ordinance No. 693 III Council Member Watford moved to approve the first reading of proposed Ordinance No. - City Attorney (Exhibit 3). 693; seconded by Council Member Chandler. CLOSE PUBLIC HEARING NEW BUSINESS KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk closed the Public Hearing at 7:25 p.m. 1. a. Motion to read by title only, and set September 3, 1996 Council Member O'Connor moved to read by title only, and set September 3, 1996 as a as a Public Hearing date, Ordinance No. 694 - City Public Hearing date, proposed Ordinance No. 694 (concerning Rezoning No. 96-001-R, Attorney (Exhibit 4). Nelson, Lot 1, Block 171, City of OKEECHOBEE); seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X r F X --A AUGUST 20, 1996 - REGULAR MEETING - PAGE 6 OF 11 217 F. NEW BUSINESS 1 1 2 a. Motion to read by title only, proposed Ordinance No. 694 continued. b. Motion to approve the first reading of Ordinance No. 694. Hear from Mr. J.A. Tootle regarding Lots 3,4,5 and 6 in Block 61 - J.A. Tootle (Exhibit 5). Attorney Cook read proposed Ordinance No. 694 by title only as follows: "AN ORDINANCE OF THE CITY OF OICEECHOBEE, FLORIDA REGARDING THE REZONING OF LOT 1, BLOCIC 171, OICEECHOBEE SUBDIVISION, AMENDING THE OFFICIAL ZONING MAP OF OICEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM MULTIFAMILY (RG-2) TO COMMERCIAL CENTRAL BUSINESS DISTRICT USE (CCBD), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " Council Member O'Connor moved to approve the first reading of Ordinance No. 694; seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mr. J.A. Tootle appeared before the Council asking what was the proper procedure for obtaining access to his property located in Block 61, City of Okeechobee, Lots 3 to 6 inclusive. Following a lengthy discussion between Council, Staff and Mr. Tootle, Mayor Kirk advised Mr. Tootle that City policy would be for him to pay for a culvert to be in- stalled at City specifications and then open and shell Northwest 4th Avenue from 7th Street North to his property. X X X M X AUGUST 20, 1996 - REGULAR MEETING - PAGE 7 OF 11 . .. .. . . . ... ................. r:: ............... 81 .................... . ..... ...... ......... . . .......... ... F. NEW BUSINESS 3. Hear from Mr. Phil Berger regarding property located at 502 S.W. 21 st Street - Phil Berger (Exhibit 6). 4. Motion to approve a pay request to K&K Construction in the amount of $8,870.74 - Director of Public Works (Exhibit 7). 5. Discuss appointments to the Tourist Development Council - Councilman Oliver (Exhibit 8). Mr. Phil Berger of Caldwell Real Estate appeared before the Council explaining that while selling a piece of property along Southwest 21 st Street and 5th Avenue he discovered that the paved street (21 st) does not follow the arc of the street. Four property owner's are affected by this. Some property owners have a street encroaching on their property and the property owners north of the street have more yard than they should. Mr. Berger requested direction from the Council and how to clean this up since it affects the value of property. Council agreed to let Mr. Berger work on this project as an in -kind gesture and find out if there are any old surveys around, if not get prices on a "master survey" to be done on these four properties in order to have the correct paperwork drawn up to clean it up with simple quit claim deeds. Council Member O'Connor moved to approve partial pay request number one to K&K Construction in the amount of eight thousand, eight hundred seventy dollars, seventy- four cents ($8,870.74) for sidewalk improvements as recommended by Engineer Kafer of Lawson, Noble & Associations; seconded by Council Member Watford. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Administrator Drago explained to the Council that County Administrator George Long had contacted him about ratifying the City's request for appointments to the Tourist Development Council. In the mean time they also had four vacancies for regular citizens. Council Member Chandler applied to sit on the board as a citizen. There was some confusion and the County appointed Council Members Watford and Chandler to serve on the Tourist Development Council. X X X X X AUGUST 20, 1996 - REGULAR MEETING - PAGE 8 OF 11 219 F. NEW BUSINESS 5. Discuss appointments to the Tourist Development Council Member Oliver has requested that the City Council please ratify his appointment Council continued. and request the County Commission reconsider their appointment to the Tourist Development Council. Council Member Watford interjected and suggested that the City Council send the County Commission a letter requesting that they reconsider their appointment and he would resign from serving on that board and allow Council Member Oliver to serve instead. Council agreed. County Commissioner John Abney was present and advised the Council that there was some confusion at the last Commission meeting on this issue and even though he was only one member he was sure the Commission would reconsider at the City Council's request. 6. Discuss Budget request for the Finance Department Mayor Kirk opened the floor for discussion on item six concerning a memorandum from - Mayor Kirk (Exhibit 9). Finance Director Delorme to the Council explaining that he is proposing to increase Travel and Per Diem, Education and Books and Publication line Items to support the Florida Government Finance Officers Association Annual Institute and Annual Conference and other educational training during the year. The Office Supplies Line Item has been increased due to increased costs in procuring checks, occupational licenses and anticipated increased costs of supplies. Line Item 4100 was increased to allow access to the Internet. He explained in his memorandum that this access will allow direct communication with State and Financial agencies, eliminating "Phone tag" that occurs when trying to get through to individuals and get information or questions answered. The last item in the memorandum is a request to bring the entire accounting function in- house including payroll. He explained that most of the work the accounting firm is doing is the entry of data. It would not be necessary to hire any additional personnel due to the work load involved. An appropriate software package and a transition plan is all that will be needed. 220 AUGUST 20, 1996 - REGULAR MEETING - PAGE 9 OF 11 F. NEW BUSINESS 6. Discuss Budget request for the Finance Department Mayor Kirk also opened the floor for discussion of placing the leadership of the Finance continued. Department under the direction of the City Administrator rather than the City Council. Mayor Kirk stated, "I think this would be an opportune time to give that consideration since that is the only department that is not under his control, that answers directly to us." Council Member Watford felt the accounting service should be left to the out -side service. He also stated that we are to the point where we need to move the finance department under the Administrator's direction. Continuing further that by doing this it puts more responsibility on the Council to act as "watchdogs or guardians" over all the City Departments, which he also felt that the Council had been lax in doing. Council Member Chandler commented that the request for access to the Internet might become too costly and wanted to know if they were going to discuss the items in the memorandum or moving the finance department. Mayor Kirk stated that if the Council moved the finance department then the items in the memorandum would not have to be discussed because the memorandum would then be forwarded to the Administrator for he and the Finance Director to discuss. Following a lengthy discussion between Council members and direction from Attorney Cook that to change a major City policy would require a motion and vote, not just direction from the Council, Mayor Kirk called for action on either the memorandum from the Finance Director or to move the department under the City Administrators direction. There was no response on first call. Mayor Kirk again called for action. Council Member Watford moved that we realign the finance department to be placed under the direction of the City Administrator: seconded by Council Member Chandler. Council Member O'Connor called the question. AUGUST 20, 1996 - REGULAR MEETING - PAGE 10 OF 11 221 F. NEW BUSINESS 6. Discuss Budget request for the Finance Department continued. ITEM ADDED TO THE AGENDA: 7. Discuss Drainage - Council Member Watford Vote is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. There is a verbatim transcript of item number six on file in the City Clerk's Office. Mayor Kirk stated that the item added to the agenda was to discuss the drainage letter from Council Member. O'Connor and asked what Council Member Watford wanted to discuss on that issue also. Council Member Watford stated that the Council had received in their packets a letter from Council Member O'Connor to County Administrator George Long concerning drainage problems along Northwest/Southwest 12th Avenue Drainage ditch. He also advised that he had Administrator Drago's office send a letter to South Florida Water Management District advising them of problem areas since they had told us they would be interested in participating when there was problem like this. The last he had heard the City had gotten a letter back stating thank you for your letter and he wanted to know if Administrator Drago had heard anything else. Administrator Drago advised that Council Member Watford's letter had apparently had some impact because he understood that SFWMD was meeting with the County on several of the areas mentioned in the letter. The County Engineer commented that the time of the letter was appropriate for the SFWMD to come to the County to try and work out those problems. X X X X R 222 Adjournment - Mayor Kirk. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. i ATTEST: Bonnie S. Thomas, CMC City Clerk JameeE. `Kirk MAYOR AUGUST 20, 1996 - REGULAR MEETING - PAGE 11 OF 11 There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:45 p. M.