Loading...
1998-09-22590 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: September 22,1998, City Council Special Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend John Paul Ziegler; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J, Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. Mayor Kirk called the September 22, 1998 Regular City Council Meeting to order at 6:04 p.m. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 10 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of September 1,1998 and Regular Meeting of September 1,1998 and the Special Meeting of September 10,1998; seconded by Council Member the Special Meeting of September 10,1998. Oliver. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 591 SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 2 OF 10 V. WARRANT REGISTER - City Administrator. A. Motion to approve the August 1998 Warrant Register, General Council Member Watford moved to approve the Warrant Register for August, 1998 in the amounts, General Fund two Fund $226,937.10 and Public Facility Improvement Fund hundred twenty-six thousand, nine hundred thirty-seven dollars, ten cents ($226,937.10), Public Facility Improvement $124,442.86, Community Development Block Grant Fund Fund one hundred twenty-four thousand, four hundred forty-two dollars eight -six cents ($124,442.86), Community $61,881.82. Development Block Grant Fund sixty-one thousand, eight hundred eight -one dollars eighty-two cents ($61,881.82); seconded by Council Member Markham. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES - Mayor. ' A. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 1998-99. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk asked whether there were any requests fro additions, deferrals or withdrawals of items on today's agenda. Attorney Cook added unfinished business item "B". Mayor Kirk opened the Public Hearing for the Final Reading of the Budget Ordinances at 6:05 p.m. Mayor Kirk announced that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 1998-99. B. Mayor announces that the proposed millage rate levy represents Mayor Kirk announced that the proposed millage rate levy represents 3.94% more than the roll back rate computed 3.94% more than the roll back rate computed pursuant to Florida pursuant to Florida Statute Section 200.065(1). Statute Section 200.065(1). C.1. a) Motion to read by title only, proposed Ordinance No. 718 levying a Council Member Oliver moved to read by title only, proposed Ordinance No. 718 levying a millage rate for the General millage rate for the General Fund Budget - City Attorney (Exhibit 1). 11 Fund Budget; seconded by Council Member Watford. 592 SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 3 OF 10 VII. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES. C.1. b) Vote on motion to read proposed Ordinance No. 718 by title. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 718 by title only Attorney Cook read proposed Ordinance No. 718 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 4.9399 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 4.9399 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 3.94% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE." C. 2. a) Motion to adopt proposed Ordinance No. 718 levying a millage rate III Council Member Watford moved to adopt proposed Ordinance No. 718 levying a millage rate for the General Fund; for the General Fund. seconded by Council Oliver. b) Public discussion and comment on millage rate. III Mayor Kirk asked whether there were any comments or questions regarding the millage rate. No comments or questions were stated. c) Recomputation of proposed millage rate (if required). Recomputation of proposed millage rate is not necessary. d) Vote on motion to approve first reading. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No. 719 Council Member Oliver to read by title only, proposed Ordinance No. 719 establishing the revenues and expenditures establishing the revenues and expenditures for the General Fund for the General Fund Budget; seconded by Council Member Markham. Budget - City Attorney (Exhibit 2). --4 SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 4 OF 10 593 -A VII. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES. D.1. b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance No. 719 by title only KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook read proposed Ordinance No. 719 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,1999; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $5,787,559. AND EXPENDITURES OF $3,062,960. LEAVING A FUND BALANCE OF $2,724,599; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,347,319. AND EXPENDITURES OF $702,100. LEAVING A FUND BALANCE OF $649,219; DEBT SERVICE REVENUES OF $249,006. AND EXPENDITURES OF $199,365. LEAVING A FUND BALANCE OF $49,641; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $2,904. AND EXPENDITURES OF $-0- LEAVING A FUND BALANCE OF $2,904; EMERGENCY AND DISASTER RELIEF REVENUES OF $482,500. AND EXPENDITURES OF $148,500. LEAVING A FUND BALANCE OF $334,000; PROVIDING AN EFFECTIVE DATE." D. 2. a) Motion to approve the first reading of proposed Ordinance No. 719 Council Member Watford moved to adopt proposed Ordinance No. 719 establishing the revenues and expenditures establishing the revenues and expenditures for the General Fund for the General Fund Budget; seconded by Council Member Oliver. Budget. b) Public discussion and comment on the General Fund Budget Council discussed the proposed phone system for City Hall. At the first hearing it was discussed that the answering/voice mail of the system might be purchased in the current year's budget. However, after researching the matter it was determined not to be practical Administrator Bradshaw advised that the new system will not be purchased until the City decides what type of expansions will be done for the Police and Fire Departments in order to make the 11 entire system compatible. There is $5000 in the budget for Christmas Banners. Southwest 2°d Avenue is listed in the budget for the street improvements. Council again stated the list needs to be presented to them for approval prior to the bids being let. Any of the street improvements can be moved around as long as the Council stays within the budget amount. Council clarified, the purchase of the new above ground storage tank for fuel is provided for in the current year's budget, not in the proposed year's budget. 594 SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 5 OF 10 VII. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES. D. 2. b) Public discussion and comment on the General Fund Budget Kathy Scott, President of the Chamber restated their request made at the first hearing for a $5,000 grant to print the continued. City/County maps. She also stated that one of the comments at the last hearing was that the County is giving them a $10,000 grant and that is also tax money. The County's grant will be coming from the TDC Tourist Tax not property taxes. Mayor Kirk commented he had given this item a lot of thought and felt the Council should discuss it and consider it. Mr. Frank Erby also spoke in support of the Chamber's request Council Members Watford, Markham and Oliver stated they were not in favor of the request and that the City helps the Chamber by not charging them for overtime to conduct the parades and security in the parks for their festivals. Council Member Chandler stated he could not justify granting any money to any organization after keeping the Department Heads to a minimal budget and no pay increases. Mayor called for a motion to amend the budget, there was none. Council suggested the Chamber present their request again at next years' (1999/2000) budget time for consideration. c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. CLOSE BUDGET PUBLIC HEARING Mayor. III Mayor Kirk closed the budget public hearing at 6:30 p.m. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 Mayor Kirk opened the public hearing for ordinance adoption at 6:30 p.m.. A. 1. a) Motion to read by title only, proposed Ordinance No. 716 adopting Council Member Watford moved to waive reading by title only, proposed Ordinance No. 716 adopting Volume 1 of the Volume 1 of the City Unified Land Development Code - City Unified Land Development Code; seconded by Council Member Markham. Administration and Zoning (LDR's) - City Attorney (Exhibit 3). KIRK - YES b) Vote on motion to read by He. CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 716 by title only. Title was not read. _A SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 6 OF 10 595 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2. a) Motion to adopt proposed Ordinance No. 716. Attorney Cook advised there were several issues that have recently come up and need to be addressed and rather than adopt a document knowing that it requires amending his recommendation was to table the hearing until the October b) Public discussion and comment on the LDR's. 1 6 meeting and present the proposed amendments at that time. Council also reviewed the request by Florida, Power and Light representative Rachel Scott. Council decided to include the restrictions to not plant large tree's closer than thirty feet from power lines, twenty feet for medium size trees and no restrictions on small trees. Shrubs cannot be planted more than five feet to pad mount transformers. Council Member Watford reminded everyone that the Council had requested that the LDR's be dedicated in Robbie Hoover's memory. Council instructed a dedication page be inserted and that all the Citizen Advisory Committee Members names be listed on it. Council Member Oliver moved to table Ordinance No. 716, seconded by Council Member Watford. c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 717 amending III Council Member Watford moved to read by title only, proposed Ordinance No. 717 amending the 1997/98 Fiscal Year the 1997/98 Fiscal Year Budget - City Attorney (Exhibit 4). Budget; seconded by Council Member Markham. b) Vote on motion to read by title. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. elm SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 7 OF 10 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. c) City Attorney to read proposed Ordinance No. 717 by title only 2. a) Motion to adopt proposed Ordinance No. 717. b) Public discussion and comment on the Budget Amendment c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. UNFINISHED BUSINESS. Attorney Cook read proposed Ordinance No. 717 by title only as follows: "AN ORDINANCE ADOPTING AN AMENDMENT TO ORDINANCE NO.705 GENERAL FUND ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1997 AND ENDING SEPTEMBER 30,1998; WHICH AMENDED BUDGET SETS FORTH GENERAL FUND REVENUES OF $5,750,998. AND EXPENDITURES OF $3,034,234. LEAVING A FUND BALANCE OF $2,716,764.; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,508,755. AND EXPENDITURES OF $923,882. LEAVING A FUND BALANCE OF $584,873.; PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 717; seconded by Council Member Oliver. Mayor asked whether there were any questions or comments from the public, none were stated. Council briefly discussed the expense for the fire hydrants and that this will be the only time they pay for them do to the circumstances. The County has also stated they will not purchase fire hydrants and are adopting an ordinance, which the City will "piggy -back" onto. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the public hearing at 7:06 p.m. A. Authorize Fire Chief to have Fire Engine No. 5 painted due to Mayor Kirk advised that he met with Chief Tomey, Administrator Bradshaw and the Chief in West Palm Beach who is damage during the Florida Wildland Fires - Chief Tomey. over Region 7, Okeechobee's District. At the last meeting the Council requested a statement in writing that the City would be reimbursed for having Fire Engine No. 5 repainted since it was damaged in the Florida Wildland Fires which was a State-wide effort and classified as a State Emergency, FEMA will pay for the repairs. It will not be possible to get something in writing. Mayor Kirk stated he was assured the City would receive the reimbursement. -- 4 SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 8 OF 10 597 IX. UNFINISHED BUSINESS CONTINUED. A. Authorize Fire Chief to have Fire Engine No. 5 painted due to damage during the Florida Wildland Fires continued. Update regarding the status of contacting the property owners of 301 West South Park Street (Village Square Restaurant) - City Attorney. X. NEW BUSINESS. A. Motion to approve a Solid Waste Collection Contract between the City and Waste ManagemenVUSA - City Attorney (Exhibit 5). Following a lengthy discussion, Council Member Watford moved to authorize Chief Tomey to have Fire Engine No 5 repainted, the City will pay for it and and submit the invoice to FEMA for reimbursement; seconded by Council Member Markham. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Chief Tomey briefly updated the Council on the current weather conditions regarding Hurricane Georges which is expected to hit Florida. Attorney Cook advised he mailed a Community Development Block Grant Contract to the property owners along with a letter explaining the issue. They called him and advised that Mr. Altobello is their property manager, he did not have power of attorney to sign any contracts, and that they want to come to Okeechobee, get a first hand look at the renovations before deciding whetherthey will sign the contract After a lengthy discussion as to whether or not to pursue obtaining the agreement between the City and Janice Brown regarding the sign she had erected on her business, the Village Square Restaurant, Council instructed Attorney Cook not to ask for the agreement again, if it comes back they will discuss it at that time. Council Member Oliver moved to approve a Solid Waste Collection Contract between the City and Waste Management/USA; seconded by Council Member Markham. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 9 OF 10 X. NEW BUSINESS CONTINUED. B. Motion to accept a Quit Claim Deed for real property and approve a Council Member Watford moved to accept a Quit Claim Deed for real property and approve a $5,000. purchase for the $5,000. purchase for the property to Mary Ann Bryant - City property to Mary Ann Bryant; seconded by Council Member Oliver. Council instructed Administrator Bradshaw to Attorney (Exhibit 6). accompany the payment with a letter to Mrs. Bryant responding to Mr. Burdeshaw's enclosed letter regarding the newspaper article on this matter. Attorney Cook also commented that this has never been a money issue with Mrs. Bryant, her concern has always been for the safety of the children. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C.1. a) Motion to read by title only and set October 6,1998 as a public Council Member Watford moved to read by title only and set October 6, 1998 as a public hearing date for proposed hearing date for proposed Ordinance No. 720 regarding public Ordinance No. 720 regarding public nudity and adult entertainment regulations; seconded by Council Member nudity and adult entertainment regulations - City Attorney (Exhibit Markham. 7). b) Vote on motion to read by title and set public hearing date. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 720 by title only. Attorney Cook read proposed Ordinance NO. 720 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, STATING THE INTENT OF THE ORDINANCE, PROVIDING THE DEFINITION OF NUDITY AS PROHIBITED BY THIS ORDINANCE AND PROVIDING OTHER DEFINITIONS; PROVIDING LEGISLATIVE FINDINGS; PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF WITHIN ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROHIBITING NUDITY IN CERTAIN OTHER PUBLIC PLACES; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING AN EFFECTIVE DATE." 599 SEPTEMBER 22,1998 - REGULAR MEETING - PAGE 10 OF 10 X. NEW BUSINESS CONTINUED. C. 2. a) Motion to approve the first reading of proposed Ordinance No. 720. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 720; seconded by Council Member Chandler. Following a brief discussion, the vote was as follows: b) Discussion. c) Vote on motion to approve first reading. XI. ADJOURN REGULAR MEETING - Mayor. 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. ATTEST: JAMES E. KIRK, MAYOR BONNIE S. THOMAS, CMC, CITY CLERK KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the regular meeting at 8:35 p.m.