1997-08-05 Regular Meeting339
O� OKEECy
,t r:� CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
AUGUST 5, 1997 - REGULAR MEETING - PAGE 1 OF 9
A. Call Meeting to order on August 5, 1997.
Mayor Kirk called the August 5, 1997 Regular Meeting to order at 7:00 p.m.
B. Invocation offered by Council Member Watford;
Council Member Watford offered the invocation;
Pledge of Allegiance led by Mayor Kirk.
Mayor Kirk led the Pledge of Allegiance.
C. Mayor and Council Attendance:
Deputy Clerk Gamiotea called the roll:
Mayor James E. Kirk
Present
Council Member Noel A. Chandler
Present
Council Member Lowry Markham
Present
Council Member Robert Oliver
Present
Council Member Dowlina R. Wattord. Jr.
Present
Sta] l Attendance:
City Attorney John R. Look
_
Prelsent
City Administrator Robert J. Bradshaw
Present
City Clerk Bonnie S. Thomas
Absent (vacation)
Deputy Clerk S. Lane Gamiotea
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 July 15, 1997; seconded
July 15, 1997. by Council Member Oliver. There being no discussion on this item, the vote was as
follows:
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
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AUGUST 5 1997 - REGULAR MEETING - PAGE 2 OF 9
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E. Motion to approve the Warrant Registers for June 1997.
Council Member Watford moved to approve the Warrant Registers for June 1997, in the
General Fund ...... $269,196.43
amounts: General Fund, two hundred sixty-nine thousand, one hundred ninety-six
Debt Service ........ $99,682.48
dollars, forty-three cents ($269,196.43); Debt Service, ninety-nine thousand, six hundred
Public Facilities ..... $25,480.73
eighty-two dollars, forty-eight cents ($99,682.48); and Public Facilities, twenty-five
thousand, four hundred eighty dollars, seventy-three cents ($25,480.73); seconded by
Council Member Markham. There being no discussion on this item, the vote is as follows:
KIRK
X
CHANDLER
X
MARKHAM
X
OLIVER
X
WATFORD
X
MOTION CARRIED.
REQUEST FOR ADDITION, DEFERRAL OR WITHDRAWAL OF
Mayor Kirk asked whether there were any requests for additions. deferrals or withdrawals
ITEMS ON TODAY'S AGENDA.
of items on today's agenda. Administrator Bradshaw advised new business items three
and seven are to be withdrawn and number nine added to discuss new budget public
hearing dates.
F. NEW BUSINESS
1. Hear from LaRue Planning and Management
Mr. Jim LaRue, City Planner appeared before the Council concerning proposed
regarding 96-1 Text Amendment answers to
Ordinance No. 693, Cycle 11996 Text Amendment to the City Comprehensive Plan. The
Department of Community Affairs - Judith Thomas,
first public hearing for the proposed amendment was held on August 20, 1996. The
(Exhibit 1).
ordinance was forwarded to the Department of Community Affairs for review before a
final adoption hearing by the City. Mr. LaRue reported in Exhibit One the City's proposed
language for each element that is being amended concerning public school sites, DCA's
objections to the amendments, and recommendations for revised amendment language.
The revised wording was inserted into proposed Ordinance No. 693 and a new copy
given to the Council. The ordinance will be advertised for final public hearing to be held
at the August 19, 1997 regular meeting.
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F. NEW BUSINESS CONTINUED
Hear from LaRue Planning and Management
regarding 96-1 Text Amendment answers to
Department of Community Affairs continued.
2. Consider Corrective Grant of Easement - City
Exhibit 2
AUGUST 5, 1997 - REGULAR MEETING - PAGE 3 OF 9
In response to questions from Council, Mr. LaRue advised the current zoning ordinance
will not be required to be amended, the Land Development Regulations will have the
appropriate language in them. The School Board will be provided a copy of Exhibit One
after tonight's meeting. Policy 6.5 gives the City the option of choosing to enter a
memorandum of understanding or interlocal for the joint use of parks and/or school sites.
The minimum acreage level's information was obtained from the School Board. The
Council thanked Mr. LaRue for his information and agreed that the August 19, 1997
meeting would be appropriate for the final hearing.
Mr. LaRue also advised the Council that the administrator should be receiving a contract
from DCA concerning assistance (grant) to begin the review process of the
Comprehensive Plan since it is now five years old as regulated by the State.
Attornev Cook advised at the June 3, 1997 meeting. a grant of easement was approved
with Linda G. Stillman and Lisa A. Beaty. He mage an error in the legal description of the
easement and this is a corrected easemen-, . that needs Councils approval.
Council Member Watford moved to approve a corrective arant of easement for the
BeatV property' seconded by Council Member Oliver.
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
3. Motion to rescind Council action of June 3, 1997, which This item was withdrawn from the agenda.
action approved the bid for gas tank removal/replacement
to Tanktek, Inc. in the amount of $57,680.00 - Director of
Public Works (Exhibit 3).
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AUGUST 5, 1997 -REGULAR MEETING -PAGE 4 OF 9
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F. NEW BUSINESS CONTINUED
Police Chief Larry Mobley appeared before the Council, stating he would like to thank
4. Address to City Council by Police Chief regarding
the past and present Council, for allowing him to work for the City for the past twenty-five
retirement - Police Chief (Exhibit 4).
years. He then announced he will be retiring effective September 26, 1997. He further
stated he has discussed this with Mayor Kirk and it has been a hard decision. However,
he has finally decided it was time to step down and let someone else have a turn. He
enjoyed his job and wanted all to understand there is nothing wrong here, it was just time
to leave.
Mayor Kirk, Council Member Watford and Attorney Cook each extended an appreciation
for Chief Mobley's years of dedicated service to the City. All Council Members
commented that if anything could be done to make him stay they would consider doing
it because none wanted him to leave but understood and respected his decision.
Chief Mobley then stated he had a recommendation for his replacement and that he had
been grooming him for the past twelve years to one day take over. He has twenty years
in the department and has been involved in all areas of running the department.
Council Member Oliver stated his suggestion would be to uphold Chief Mobley
recommendation for the position and promote within the ranks of the Police Department.
Following a brief, discussion. the Council, with the exception of Council Nlember Oliver
agreed to advertise the position in the local paper and one major paper; take applications
for two weeks to be accepted by a certain date, not postmarked; Chief's present salary
and five thousand less as a range; do not make it a national search; just applications, no
questions; and instructed the City Clerk's Office to carry this out. The committee to
review the applications for a short list will be Chief Mobley, Administrator Bradshaw and
Mayor Kirk.
5. Hear from Finance Coordinator regarding bid
Finance Coordinator Parker addressed the Council by explaining the bid opening for the
calculations for accounting software/hardware - Lola
accounting software and hardware was held last Friday afternoon. She then distributed
Parker
copies of the calculations to the Council.
Four bids were received as follows: 1. IMS of Ormond Beach $14,790. 2. ICS of
Okeechobee $3,021 (original specs for hardware only) $3,620 (recommended hardware
only) a bid for software was not submitted. 3. CPS Systems, Inc. of Dallas, Texas
$17,035. and 4. American Data Group of Ft. Myers $43,350.00.
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AUGUST 5, 1997 - REGULAR MEETING - PAGE 5 OF 9
F. NEW BUSINESS CONTINUED
5. Hear from Finance Coordinator regarding bid Following a brief discussion Council Member Watford moved to accept the bid from
calculations for accounting software/hardware IMS for software and hardware for accounting systems based on Finance
continued. I Coordinator Parker's recommendation; seconded by Council Member Oliver.
Council Member Watford then noted for the record that bidder number one (IMS), was
a package bid for both software and hardware. As stated by Mrs. Parker this is a better
situation to have a total package from the same company to prohibit any conflicts. IMS'
bid for the maintenance agreement is for both the hardware and software. There being
no further discussion, the vote is as follows:
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
5. Hear �"rom Mr. Steve Nei -son regarding two hour Mr. Steven D. Nelson addressed the City Council as a new property owner in the
parking signs and S.E. 8th Street problems - Steve downtown area. He is moving his business, Okeechobee Discount Drugs to the building
Nelson (Exhibit 5). previously occupied by Video by George that is next to Rita's Furniture. "2-Hour Parking"
signs are in front of the business and along the side. He formally requested that the City
take the signs down with an explanation that he purchased the two lots South of his
business for customer parking.
Council Members and Public Works Director Elders advised Mr. Nelson the reason the
signs were installed was from requests of the business and property owners in the
downtown area. Citizens would park in front of a business and patronize other
businesses a few blocks down the street. Mr. Nelson responded that he did not see that
as a problem, there are only three off-street parking spaces in the front of his business
and he will be encouraging the use of the parking lot in the back. He also commented
that he had spoken with Mr. Altobello who owns the buildings to the East and West of his
and Mr. Altobello implied he also wanted the parking signs taken down.
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AUGUST 5, 1997 -REGULAR MEETING -PAGE 6 OF 9
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F. NEW BUSINESS CONTINUED
Council Member Chandler moved to accept the request to take down the 2-hour
parking signs; seconded by Council Member Oliver. The Council advised Mr. Nelson
6. Hear from Mr. Steve Nelson regarding two hour
parking signs and S.E. 8th Street problems
that the Public Works Department would be instructed to take down the 2-hour parking
continued.
signs in front of and along the side of his business only. If other property owners wanted
the ones in front of their business removed, they would need to come and make their
request from the Council individually. They also made it clear that if the parking became
a problem again they would not go back and put the signs back up. Mr. Nelson stated he
understood and that he felt the downtown property and business owners should take
care of the problem themselves as he did and purchase property for parking lots to serve
their customers. There being no further discussion on this issue, the vote was as follows:
KIRK
CHANDLER
X
MARKHAM
X
OLIVER
X
WATFORD
X
MOTION CARRIED.
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The next item M,,Nelson wisned tc discuss with the Council is the alieged drainage
easement along Southeast 8tn Avenue that nas become a problem due to a property
owner, Mr. Larry Melland. He was approached by Mr. Melland requesting permission for
surveyors to come on his property to conduct a survey, the request was denied and the
surveyor's came into Mr. Nelson's yard anyway. He understood this property owner had
come to the City alleging it had created the drainage problem by installing a culvert. He
wanted to advise the Council that he had not seen any of the problems as told to the
Council. He contacted the person who owned the property before Mr. Melland who
conveyed that there was never a problem like what Mr. Melland is suggesting. Mr.
Nelson also stated the situation has become a nuisance to him and the other neighbors.
Attorney Cook advised this issue is under litigation and implied that the Council should
not discuss it at this time. He also explained the surveyor's that came onto Mr. Nelson's
property were protected under Florida Statutes that allow surveyors' to enter property to
conduct their survey. The Council and Mr. Nelson must wait until the litigation is
completed. No official action was taken on this item.
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AUGUST 5, 1997 - REGULAR MEETING - PAGE 7 OF 9
F. NEW BUSINESS CONTINUED
7. Request to close alley - Mr. Bill Jenkins (Exhibit 6). 111 This item was withdrawn from agenda.
8. Discussion and vote on granting State waivers to Administrator Bradshaw explained that the next phase of the Community Development
relatives of CDBG Grant participants City Block Grant (Downtown Revitalization) is to find out if any of the property owners who
Administrator (Exhibit 7). will be receiving grant money are related to the mayor, council members or city attorney.
Relation by any means, blood or marriage. If someone is related, a motion and second
must be made to grant that person a waiver and voted on, if the mayor or council
member is related they must abstain from voting on the grant of a waiver. Each must be
done individually. He then began going through the list of names as follows:
No one stated they were related to: Carolyn Fallon, Frank Altobello, Steve Nelson, Joella
Baird, Joseph Varndaor, Gary Scherrer, Don Smith, Joanne Humphries, Jerry
Greenberaer, Sonnv Elliott. Alberta Gri��is. \/Villiam Carter. Dennis Brvan. Danny Enr'inaer
or Gene Daniel.
Council i,;le, oars C,.a..ai�. a ?Vlarx:�ar, Grp �,ar Ca,'�iy,. i✓ley Council
Member Watford moved to grant Carolyn Meyers a waiver; seconded by Council
Member Oliver.
KIRK
CHANDLER - Abstained
MARKHAM - Abstained
OLIVER
WATFORD
MOTION CARRIED.
Council Member Chandler is related to Mike Brown. Council Member Watford moved
to grant Mike Brown a waiver; seconded by Council Member Oliver.
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AUGUST 5, 1997 - REGULAR MEETING - PAGE 8 OF 9
F. NEW BUSINESS CONTINUED
8. Discussion and vote on granting State waivers to Vote on motion to grant Mike Brown a waiver was as follows:
relatives of CDBG Grant participants continued.
KIRK
CHANDLER - Abstained
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
Council Member Chandler is related to Tammy Potter and Nelson Byers. Council
_Member Watford moved to _grant Tammy Potter and Nelson Byers a waiver;
seconded by Council Member Oliver.
KIRK
CHANDLER - Abstained
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
Council Member Chandler is related to Buster Williams. Council Member Watford
moved to grant Buster Williams a waiver; seconded by Council Member Oliver.
KIRK
CHANDLER - Abstained
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
Council Member Watford wanted to state for the record that as far as he knew he was
not related to any of these people but it being so broad he was not one hundred percent
positive.
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AUGUST 5, 1997 - REGULAR MEETING - PAGE 9 OF 9
F. NEW BUSINESS CONTINUED
8. Discussion and vote on granting State waivers to Council Members Chandler and Markham advised each time a vote was taken on the
relatives of CDBG Grant participants continued. above items that according to Florida Statue Section 112.3143 they must state they will
abstain from voting since this item inureu to their special private gain due to the relation
of the participants in the grant. Forms are on file in the City Clerk's Office.
9. Discuss budget public hearing dates - Mayor Kirk.
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 e�ngis�
upon which the
appeal is to be based. A tape recording of this men file in the C' Clerk';Office. , �r
ATTEST: // James E. Kirk, Mayor
Bonnie S. Thomas, CMC, City Clerk
Mayor Kirk began explaining that he had been notified by Administrator Bradshaw that
the County Commission and School Board have scheduled ,their public hearings for
budget adoption on the same dates the City had tentatively reserved. Since they have
first option, the City must select different dates. The staff has submitted Monday,
September 8, 1997 as the first hearing date and Tuesday, September 23, 1997 as the
final hearing date.
Foliowina a brief discussion concerning time guidelines. Council Member Watford
moved to set the public hearings for the 1997/98 fiscal year budget adoption for
Monday. September 8 at 5:15 p.m. and Tuesday. September_23 at 7:00 o.m.:
seconded by Council Member Oliver. There being no furhsr discussion. the "/ot= v/2S—
aS i"C)110WS:
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the August 5, 1997
regular meeting at 8:23 p.m.
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