1995-02-21520
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on February 21, 1995 at 7:00 p.m
B. Invocation offered by Reverend John Hart;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Councilmember Noel A. Chandler
Councilmember Michael G. O'Connor
Councilmember Robert Oliver
Councilmember 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
PAGE 1 OF 6
Mayor Kirk called the meeting to order on February 21, 1995 at 7:03 p.m.
Reverend John Hart offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
D. Motion to dispense with the reading and approve the Summary of Councilmember Oliver moved to dispense with the reading and approve the Summary
Council Action for the regular meeting of February 7, 1995. of Council Action for the regular meeting of February 7, 1995, and the workshop of
February 15, 1995; seconded by Councilmember Watford.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
521
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
E. OPEN PUBLIC HEARING FOR REZONING
FEBRUARY 21, 1995 - REGULAR MEETING - PAGE 2 OF 6
Mayor Kirk opened the Public Hearing for Rezoning at 7:05 p.m.
1. Motion to table Petition 95-420-R until March 21, 1995 - Mr. III Councilmember Watford moved to table Petition 94-420-R until March 21, 1995;
Bill Royce. seconded by Councilmember Oliver.
CLOSE PUBLIC HEARING
F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Mayor Kirk closed the public hearing at 7:06 p.m.
Mayor Kirk opened the Public Hearing for Ordinance adoption at 7:06 p.m.
1. a. Motion to read by title only, Ordinance No. 678 - City Councilmember O'Connor moved that Ordinance No. 678 be tabled and a Citizens
Attorney (Exhibit 1). Review Committee be appointed at the March 7, City Council meeting to review the
proposed LDR's. Councilmember Chandler seconded the motion.
1. b. Motion to adopt Ordinance No. 678. Discussion of the motion ensued with Councilmember O'Connor stating the motion was
to table, but was to appoint a Citizens Advisory (Review) Committee at the next
1. c. Public Comment. meeting. Mayor Kirk stated I do have a motion and a second to table with a second part
being to appoint a Citizens Advisory Committee and asked, this is to be tabled until
1. d. Vote on motion. what date and Councilmember O'Connor informed that it was tabled until the 7th, the
next City Council meeting.
X
X
X
X
X
522
F. PUBLIC HEARING
1. a. Continued:
CLOSE PUBLIC HEARING
G. NEW BUSINESS
FEBRUARY 21, 1995 - REGULAR MEETING - PAGE 3 OF 6
Vote on motion to table is as follows:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Mayor Kirk closed the public hearing at 7:07 p.m.
2. Discuss adopting Resolution 95-3 - Councilmember Watford Councilmember Watford moved to adopt proposed Resolution No. 95-3; seconded by
(Exhibit 3). 111 Councilmember Chandler.
Attorney Cook read proposed Resolution No.95-3 by title only as follows:
"A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADVOCATING AN
AMENDMENT TO THE STATE CONSTITUTION WHICH WOULD RESTORE AND
REOPEN COMMUNICATION CHANNELS BETWEEN ELECTED OFFICIALS AND
THEIR CONSTITUENTS."
Councilmember Watford explained this proposed resolution is almost identical to the one
the County adopted. This issue was addressed at the last legislative delegation and this
is also supported very strongly by the Florida League of Cities.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
X
X
X
X
X
X
X
X
X
X
23
G. NEW BUSINESS
3. Select an alternate to the Utility Authority - Mayor Kirk
FEBRUARY 21, 1995 - REGULAR MEETING - PAGE 4 OF 6
Councilmember O'Connor moved to nominate Frank Altobello to serve as the City's
alternate member to the Utility Authority; seconded by Councilmember Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Hear from Mr. Moseley C. Collins - Mr. Moseley Collins Engineer Moseley Collins appeared before the Council representing Frank Barber,Gil
(Exhibit 2). Culbreth, Clyde Durrance, Henry Kelly, Jay Patel, John Smith, Haynes Williams and Jim
Wright. All wish to develop different areas of land located on the West side of Highway
441 South near the Flamingo Motel and McDonalds.
Engineer Collins explained all projects together will bring five hundred eighty-three hook-
ups to the City. The developers are wanting to have one regional lift station rather than
each project having their individual lift stations. The total hook-ups will amount to an
estimated one million, four hundred thousand dollars ($1,400,000.00). The developers
are requesting that the City pay to have the lift station installed at an estimated cost of
two -hundred thousand dollars ($200,000).
Public Utilities Director Jones addressed the Council stating that when all this discussion
first began Mr. Patel and Mr. Barber brought sets of plans to the City. He suggested the
two get together and split the cost of one lift station. There were also discussions on
requesting the Council pay for the installation of a new force main. However, this is the
first time he has heard that the developers want the City to pay for the lift station to be
installed.
X
X
X
X
X
524
G. NEW BUSINESS
Hear from Mr. Moseley C. Collins continued:
4. Discuss the Utility Authority - Mayor Kirk.
FEBRUARY 21, 1995 - REGULAR MEETING - PAGE 5 OF 6
Council discussed current procedures, then Mayor Kirk suggested Engineer Collins get
back with Public Utilities Director Jones and see if something could be worked out for
the parties involved. He also informed Engineer Collins that it is against the City's
ordinances for the City to install lift stations as he had requested and that is the
responsibility of the developer.
Engineer Collins thanked the Council for their time and the information.
Mayor Kirk requested Administrator Drago copy the Utility Authority Manual for all the
Councilmembers and distribute a copy to each of them. He then asked the Council to
note pages fourteen, twenty and the last section, the first couple of pages, and section
"j". Then after Councilmembers had time to review it, it would be discussed at a Council
meeting.
Council discussed appointing a new member to the Utility Authority Working Group to
replace Frank Altobello who was appointed to serve on the Utility Authority Board.
Councilmember Oliver moved to appoint Monica Clark to serve on the Utility Authority
Working Group with Moor Kirk; seconded by Councilmember Watford.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
25
Point of Clarification on Public Hearing for Ordinance Adoption
Adjou.rriment - 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 consider at this meeting, he/she may
need to insure that,a verbatim record of the proceeding ' made which record includes the
testimony and evi*ce upon which the appeal is to b ased.
ATTEST:,- , James E. irk,(Mayor
Bonnie S. Thomas, CIVIC, City Clerk
FEBRUARY 21, 1995 - REGULAR MEETING - PAGE 6 OF 6
Mayor Kirk asked if there were anymore comments for this meeting.
Councilman Watford asked the Mayor and City Attorney whether or not it was proper
to raise a point of order after the issue has been voted upon?
Mayor Kirk chose to yeild to Attorney Cook and he stated that if Councilman Watford's
concerned that we have violated some procedure, it would be appropriate to bring it up
so that Council could talk about it.
Councilman Watford then asked: Is it proper to have a motion to table coupled with
another item? Other than time? You can have a motion to table until the next meeting.
Can you have a motion to table with directions to do something?
Attorney Cook responded that the way Councilman O'Connor phrased the motion I do
not think he coupled that. His motion was to table.
Councilman Watford stated the other was just a comment?
Attorney Cook advised, the comment that we would take up at the next meeting the
issue of, were we going to appoint a Citizens Advisory Committee to go through the
LDR's.
Councilman Watford stated, however, on the Agenda it will appear exactly as it appears
here. It will not appear to appoint an Advisory Committee or something like that? That
issue could be raised at that time? Attorney Cook advised, right.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:32
P.M.
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WATFORD
/ CARRIEI / DENIED
AN ORDINANCE ADOPTING CITY OF OKEECH BEE LAND USE
DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIV DATE.
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A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA?
ADVOCATING AN AMENDMENT TO T E STATE
CONSTITUTION WHICH WOULD RESTORE AND REOPEN
COMMUNICATION CHANNELS BETWEEN ELECTED
OFFICIALS AND THEIR CONSTITUENTS.
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City of Okeechobee
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 � 813/763-3372
MEMO
February 22, 1995
TO: All City Council
FROM: John Cook
re: February 21 meeting
Gentlemen:
In reading the Okeechobee News this morning
some confusion about Councilman O'Conners motioi
on the LDR's at the February 21 meeting. I
transcribe the exact wording of the motion for
As I said in response to Councilman Wat
clarify this last evening, it is clear that the
to table the LDR matter indefinitely, with th
purpose for the table, and the business to be
March 7 meeting, is to consider the formatioi
committee to review the LDR's. Therefore, I
impression in the minds of the citizens that
public hearing on March 7 to discuss the LDR's
Kindest Regards,
1
V
John R. Cook
City Attorney
JRC/rb
there seems to be
to table the vote
have had Bonnie
your review.
ford's request to
notion to table was
comment that the
undertaken at the
of the citizen's
did not want any
there would be a
•
MEMORANDUM
TO: COUNCILMAN WATFORD
FROM: CLERK THOMAS
SUBJECT: MOTION TO TABLE PUBLIC HEARING 2-21-95
DATE: 2-22-95
t the end of the Council Meeting just before the adjournment Councilman Watford
A as transcribe from the meeting tape):
stated to the Mayor and Attorney the following,(
Watford: Is it proper to raise a point of order after the issue has been voted on?
Kirk: I can't answer that - (to Atty. Cook)- can you?
Cook: I think if Councilman Watford's concerned that w h be ave ppropriatviolated eeto o d r
it
that uh, if that's wheredon't know, and if so i
up so that (you) could talk about it
Watford: Is it proper to have, the point of order that I'd like to raise is, is it proper to
have a motion to table coupled with another item? Other
mo tb an on to table with die? You can he e a to
motion to table until the next meeting. Can you
have a do something?
Kirk: I was under the impression the Attorney said "that's K.".
Cook: Well I said ... the way Councilman O'Connor phrased the motion I do not think he
coupled that. His motion was to table...
Watford: ... the other was just a comment.
Cook: The comment that we would take up at tho next meeting through ehLDR'se of were we
going to appoint a Citizens Advisory Committee g
Watford: However, on the Agenda it will appear exactly ai it appears here. It will not
appear to appoint an...
Cook: Right
That issue could be raise at
Watford: ..an Advisory Committee or something like that
that time?
Page 2 of 2
PH LDR's - Watford
Cook: Yes
Watford: So basically all we did was table the Public Hearing, t e Final Public
Hearing
until the next meeting:
Kirk: We need to alert outselves that this other will be on the
Watford: Okay.
Kirk: Does that answer your questions?
Watford: Yes, thank you very much.
Meeting was adjourned 8:30 P.M.
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ORDINANCE NO, 678 T E 1
AN ORDINANCE ADOPTING CITY OF OKEECHOB E LAND USE
DEVELOPMENT DESIGN AND IMPROVEMENT STANDA S; PROVIDING
FOR SEVERABILI'TY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE LATE.
WHEREAS Chapter 163 F.S. requires local governunents to adopt local reg latlollS that Implement adopted
Coinpreliensive Growth Management Phws;
WHEREAS the City of Okeechobee leas adopted a Conlpreliensive Growth Managenient Plan in accordance
with Chapter 163 F.S. entitled City of Okeechobee Compreliensive Platy; and
WHEREAS Tine attached standards to be adopted by reference partial!y fulfill the Chapter 163 F.S.
requirements to adopt local regulations and standards consistent with irnplern
Compreliensive Plan. entitg dne City of Okeechobee
NOW, THEREFORE, BE 11' ORDAINED BY THE CITY COU CIL OF THE
OKEECHOBEE, FLORIDA, in reguhu- session as follolvs: CITY OI'
Secti The attached document entitled "City of Okeechobee, Flo Ida Unified Land Development
Code, Land Use, Development Design mud Improvement Standards" Sections 1.00.00 through 1.18.00
(lierehiafter referred to as the regulation) is liereby made part of this ordhnance and adopted by reference.
Section 2 Severability Clause: Should fury provision or sectioli of tills ordnance or die regulations
adopted by reference and attached to this orduiance be lield by a court of competent Jurisdiction to be
wiconstitutioiial avid invalid, such decision shall not affect the validity of dils ordhimice of the regulations as
a whole, or any part thereof, other dfan the part so declared to be unconstitutio ial or invalid.
Section 3 All other ordinances or parts of ordinances in
regulations adopted by reference are hereby repealed.
ection 4 This ordunlwce shall take effect upon adoption by die
introduced for first reading and set for final public hearing tills
Jaynes E. Kirk, Mayor
ATTEST:
Bonude S. 'Thomas, CMC
City Clerk
Passed and adopted on second reading quid final public hearing this
James E. Kirk, Mayor
ATTEST:
Bonuue S. Thomas, CMC
City Clerk
wide this ordhimnce or the
Cowicil.
of , 1995.
day of , 1995.
• • E2
COLLINS A D COMPANY
consultin engineers
1600 /FAX # 813 763 3242
107 SOUTHSEVENTEENTH
WEST STREET SUITE H • OKEECHOBEE. FLORIDA 34974 • TEL. # 813 763
February 1, 1995
Honorable John Drago, City Manager
City of Okeechobee
55 Southeast Third Avenue
Okeechobee, Florida 34974
RE: Sub -Regional Sanitary Lift Station
Dear John,
This transmittal is to respectfully request a hearing before yourily Council to hear e above referenced e
opinions of the following distinguished Okeechobee Citizens on
subject:
Frank Barber
Gil Culbreth
Clyde Durrance
Henry Kelly
Jay Patel
John Smith
Haynes Williams
Jim Wright
John, at your earliest convenience please advise the undersigned of your decision.
With warm personal regards, I am
w 'P-
MOSELEY C. COLLINS, P.E.
CC: All the above names listed.
•
E.31
RESOLUTION 95-3
A RESOLUTION OF THE CITY OF OKEECHOBEE, f
ADVOCATING AN AMENDMENT OULDRESTORE AND
CONSTITUTION WHICH
COMMUNICATIONTHEIR CHANNELS CONSTITUENTS. WEEN i
OFFICIALS AND
WHEREAS, recent court decisions have resulted
communications between elected public officials and their con,
to important community matters including types of land -use de4
judicial matters; and
WHEREAS, these decisions impact written, telephonic,
between elected public officials and their constituents, and
WHEREAS, Article 1, Section 5 of the Constitution of the
that--[t]he people shall have the right... to instruct their represents
redress of grievances" (emphasis added) and the United States c
protection of each citizen's right to speak to and petition his/he
WHEREAS, elected officials may become timid in their
constituents by reason of the potential legal entanglements
controversial ex-parte communications, and,
WHEREAS, the passage of appropriate legislation may
restore and reopen communications channels between
constituents by establishing procedures and regulations F
1
STATE
the potential for
being chilled as
and similar quasi -
personal contacts
of Florida provides
, and to petition for
provides for
government; and
responsiveness to their
which may result from
as a mechanism to
officials and their
for the free and full
•
access of each citizen to his/her local elected official when maKrnc
and other quasi-judicial decisions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
FLORIDA, that:
1. The Okeechobee County Legislative Delegation is
decisions of Florida's courts, such as Jennings v Dade County an
the attached joint resolution proposing an amendment to the Stal
upon approval by the voters, would protect communication chan
officials and their constituents by ensuring that citizens may freely a
petition their elected officials.
2. A copy of this Resolution shall be provided to
Okeechobee County Legislative Delegation, to the Board.of Cot
the Florida Association of Counties, and to the Florida League of
APPROVED AND ADOPTED this 21 st day of Februa
ATTEST:
BONNIE S. THOMAS, CMC
City Clerk
2
DAMES E. KIRK,
farad -use decisions
OF OKEECHOBEE,
to study the recent
support passage of
Constitution which,
between elected
openly instruct and
each member of the
Commissioners, to
by the City Clerk.
995.
YOR
•
•
Joint Resolution No..
A joint resolution proposing an amendment to �
Section 5 of the assemble
and instruct heire
Constituon rlating to the
citizens to as representativ
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF FL
That the amendment to Section 5 of Article I of the State
below is agreed to and shall be submitted to the electors of I
rejection at the general election to be held in November, 1996:
SECTION 5. Right to assemble and instruct
The people shall have the right to peaceably assemble, to
and to petition for redress of grievances.
ethics in government.
BE IT FURTHER RESOLVED that in accordance with the
1 o1.161, Florida Statutes, the title and substance of the
appear on the ballot as follows:
EX PARTS COMMUNICATION WITH LOCAL
Proposing an amendment to Section 5 of Article 1
providing for and authorizing ex parte communications
government officials.
Ex parte communications with local governmf
Proposing to amend he State Constitution by adding a
Article I authorizing citizens to contact heir local government
parte communications do not violate a provision of State
government.
1,
of
set forth
for approval or
their representatives,
of section
proposed herein shall
OFFICIALS
the State Constitution
citizens and their local
officials.
vision to Section 5 of
vials and engage in ex
relating to ethics in