1990-09-04 Regular MeetingCity of Okeechobee
CITY COUNCIL MEETING
September 4, 1990 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
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COUNMMEMBERSIAMON
VOTE
YES
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A. Call meeting to order.
Mayor Chapman called the meeting to order at 7:00 P.M.
B. Invocation offered by Pastor Dale Wolfe;
Invocation by Pastor Dale Wolfe;
Pledge of Allegiance led by Mayor Chapman.
Mayor Chapman led the Pledge of Allegiance.
C. Mayor and Council attendance:
Mayor Oakland R. Chapman
Present
x
_..
Councilman R.R. "Nick" Collins
Present
X
Councilman James "Jim" Kirk
Present
X
Councilman Oscar Thomas
Absent
X-
Councilman Dowling R. Watford, Junior
Present
x
Staff attendance:
City Attorney John R. Cook
Present
X
City Administrator John J. Drago
Present
X
City Clerk Bonnie S. Thomas
Absent
X
City Deputy Clerk S. Lane Earnest
Present
X
D. Motion to dispense with reading and approve the
Councilman Collins made a motion to dispense with reading and
Summary of Council Action for the regular meeting
approve the Summary of Council Action for the regular meeting
of August 7, 1990, Special Meeting of August 17,
of August 7, 1990, Special meeting of August 17, 1990 and
1990 and Workshop of August 28, 1990.
Workshop of August 28, 1990; seconded by Councilman Kirk.
Chapman
X
Collins
X
Kirk
X
Thomas
X 6
Watford
X
Motion Carried.
crp-r wrp n 700A PA(,F 7 OF IS
COUNCILMEMBERS/ACTION
VOTE
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E. Motion to approve warrant registers for the
Councilman Watford made a motion to approve warrant registers
month of July, 1990:
for the month of July, 1990, (General Fund $70,816.82 and Public
Utilities $78,244.89); seconded by Councilman Collins.
General Fund . . . . . $70,816.82
Public Utilities . . . $78,244.89
Chapman
X
Collins
X
Kirk
x
Thomas
X
Watford
x
Motion Carried.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF
ITEMS ON TODAY'S AGENDA.
None.
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F. OPEN PUBLIC HEARING FOR THE CITY'S LOCAL PLANNING
AGENCY - 7:00 P.M.
Discussion:
Mr. Hopper (CFRPC Representative) passed to the Council copies
of revised Comprehensive Plan Goals, Objectives and Policies to
all elements dated September 4, 1990.
Mayor Chapman opened the floor for discussion on the matter.
Mr. Hopper pointed out the policies which were changed upon
request:
PAGE 5, POLICY 2.2, FUTURE LAND USE ELEMENT - Councilman
Watford asked (to Mr. Robbie Hoover) "is this the language you
(Citizen Advisory Committee) suggested?" Mr. Hoover stated "yes",
(the policy before changed pointed out specific areas to be titled
"Conservation" on the Future Land Use Map, the wording changes
reads there are areas in the city that are "conservation" but the
land is not specifically named) also there was to be a change in
using the wording "East of Highway 441". Mr. Miller (CFRPC
Representative) noted the change request was overlooked and would
be changed accordingly.
SEPTEMBER 4 , 1990
PAGE 3 OF 15
COUNCILMEMBERS/ACTION
VOTE
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ABSENT
F. OPEN PUBLIC HEARING FOR THE CITY'S LOCAL PLANNING
AGENCY - 7:00 P.M. CONTINUED:
Discussion Continued
PAGE 7, POLICY 5.2, FUTURE LAND USE ELEMENT - No discussion.
PAGE 8, POLICY 5.5, FUTURE LAND USE ELEMENT - Mr. Hopper
explained one of the Councilmen had requested this change.
Councilman Collins stated "that request was made by only one
Councilman and did not have the majority of the Council's
consent". Mr. Baughman (CAC Member) expressed his feelings to
the new policy . . . "this is totally new to me and everyone on
the CAC does not agree with the policy . . ." Mr. Hoover stated
the word "structures" needs to be explained better, that can also
include sea walls or boat docks we just wanted things like houses,
building, etc. Citizen Daryl Ferneau stated "I agree with Mr.
Baughman, I built a house on the water to the 25 foot set back
and I did this because I wanted to be on the water. In the
future, with this regulation, I won't be able to build a boat
dock."
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Mayor Chapman asked if it would be appropriate to make the changes
at the second public hearing, everyone agreed.
Attorney John Cassels stated," for the record I would like to
announce I am representing Frank Altobello and we do have some
objections but will defer at the second public hearing."
Mr. Baughman, Mr. Ferneau and Mr. Lester Jennings all stated as
property owner's they object to policy 5.5 on page 8 Future Land
Use Element being passed.
1. Motion to have the Local Planning Agency
Councilman Watford made a motion to have the Local Planning Agency
send the Comprehensive Plan to the City
send the Comprehensive Plan to the City Council for review;
Council for review - City Administrator
seconded by Councilman Collins.
(Exhibit 1) .
Chapman
X
Collins 6
X
Kirk
X
Thomas
X
Watford
X
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CLOSE PUBLIC HEARING
G.
OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE
BUDGET ORDINANCES - 7:15 P.M.
1. Mayor announces that the purpose of this
public hearing is to consider the first
reading of ordinances for the proposed mil-
lage rate levy and proposed budget to
fiscal year 1990 - '91.
2. Mayor announces that the proposed millage
levy represents 4.75% over the roll -back
computed pursuant to F.S.200.065.(1).
3. Mayor asks for comments or questions from
the public.
4A. Motion to read by title only, and set Sept-
ember 18, 1990 at 7:00 P.M. for the final
public hearing, Ordinance ##630 levying a
millage rate for the General Fund Budget
and Debt Service - City Attorney (Exhibit 2).
SEPTEMBER 4, 1990
COUNC UMEMBERS/ACTION
PAGE 4 OF 15
Mayor Chapman announced that the purpose of this public hearing
is to consider the first reading of ordinances for the proposed
millage rate levy and proposed budget for fiscal year 1990 - ' 91 .
Mayor Chapman announced that the proposed millage rate levy rate
represents 4.75% over the roll back rate computed pursuant
to F.S.200.065(1).
Mayor Chapman asked for comments or questions from the public.
Councilman Collins made a motion to read by title only and set
September 18, 1990 at 7:00 P.M. for the final public hearing,
Ordinance ##630 levying a millage rate for the General Fund Budget
and Debt Service; seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read Ordinance ##630 by title only as follows:
"AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET AT 4.54
PER THOUSAND ON ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT
4.15 SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY: THAT 4.15 SHALL
BE USED FOR GENERAL CITY PURPOSES AND .39 INCLUDING HOMESTEAD,
SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENERAL OBLIGATION
BONDS: THAT SAID MILLAGE RATE IS 4.75% MORE THAN THE ROLL -BACK
RATE COMPUTED IN ACCORDANCE WITH F.S.200.065(1); PROVIDING AN
EFFECTIVE DATE."
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OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE
BUDGET ORDINANCES - 7:15 P.M. CONTINUED:
4B. Motion to approve the first reading of
Ordinance #630.
5A. Motion to read by title only and set Sept-
ember 18, 1990 at 7:00 P.M. for the final
public hearing, Ordinance #631 establishing
the revenues and expenditures for General
Fund Budget - City Attorney (Exhibit 3).
SEPTEMBER 4, 1990
COUNCILMFMBBRS/ACTION
PAGE 5 OF 15
VOTE
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Councilman Kirk made a motion to approve the first reading of
Ordinance #630; seconded by Councilman Watford.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
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Councilman Kirk made a motion to read by title only and set
September 18, 1990, at 7:00 P.M. for the final hearing, Ordinance
#631 establishing the revenues and expenditures for General Fund
Budget; seconded by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read Ordinance #631 by title only as follows:
"AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF
OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990
AND ENDING SEPTEPIBER 30, 1991; WHICH BUDGET SETS FORTH GENERAL
FUND REVENUES OF $2,256,015.00 AND EXPENDITURES OF $2,256,015.00;
PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $964,945.00 AND
EXPENDITURES OF $589,190.00, LEAVING A FUND BALANCE OF
$375,755. 00; DEBT SERVICE REVENUES OF $293,945.00 AND EXPENDITURES
OF $233,930.00, LEAVING A FUND BALANCE OF $60,015.00 WITH DEBT
SERVICE RESERVE OF $2,133.00; LAW ENFORCEMENT SPECIAL FUND
REVENUES OF $2,578.00 AND NO EXPENDITURES LEAVING A FUND BALANCE
OF $2,578.00; PROVIDING AN EFFECTIVE DATE."
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SEPTEMBER 4, 7990
PAGE 6 OF 15
MILD"
G.
HEARING FOR
FIRST READING FOR
P.M.
5B. Motion to approve the first reading of
Ordinance #631.
6A. Motion to read by title only and a set Sept-
ember 18, 1990 at 7:00 P.M. for the final
hearing, Ordinance #632 establishing the
revenues and expenditures for the Public
Utilities Budget - City Attorney (Exhibit 4).
COUNCILMEMBERS/ACTION
Councilman Collins made a motion to approve the first reading of
Ordinance #631; seconded by Councilman Watford.
Councilman Watford made suggestions for next year's budget: -
1) Council to have possession of the proposed budget two
(2) weeks prior to the first budget workshop;
2) Administrator is to go over the entire budget with each
department head before the first budget workshop and seek their
input on all areas of the budget; and
3) Evaluate all positions.
Council and Administrator Drago agreed to the suggestions.
Vote on motion as follows:
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Councilman Watford also suggested procedures for purchasing be
revised and set. Attorney Cook suggested a resolution be adopted
setting this. Attorney Cook was instructed by the Council to take
care of this matter by making a proper resolution for adoption.
Councilman Collins made a motion to read by title only and set
September 18, 1990 at 7:00 P.M. for the final public hearing,
Ordinance #632 establishing the revenues and expenditures for the
Public Utilities Budget; seconded by Councilman Kirk.
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SEPTEMBER 4,'1990
PAGE 7 OF 15
G. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE
BUDGET ORDINANCES - 7:15 P.M. CONTINUED:
6A. Continued . . :
6B. Motion to approve the first reading of
Ordinance #632.
CLOSE PUBLIC HEARING
H. OPEN PUBLIC HEARING FOR LOCAL GOVERNING BODY -
7:30 P.M.
1. A motion to authorize the Central Florida
Regional Planning Council to transmit the
Comprehensive Plan to the Department of
Community Affairs for review.
COUNCILM6MBFRS/ACTION
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
_y
Councilman Collins made a motion to approve the firstr,'codf,.'Ordinance
#632; seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
There was a lengthy discussion among Council; Mr. Miller and Mr.
Hopper (CFRPC Representatives); Mr. Baughman, Mr. Hoover, Mr.
Altobello (CAC Members); Mr. Jennings and Mr. Ferneau (citizen
property owners) and Attorney Cassels (representing Mr.Altobello)
concerning the matter of changing policies 2.2, 5.2 and 5.5 of
the Future Land Use Element.
After discussion Councilman Collins made a motion to delete policy
2.2 and 5.5 of the Future Land Use Element from the Comprehensive
Plan. Councilman Kirk asked Councilman Collins to amend the
motion to stated delete policy 2.2 after page 5 and omit policy
5.5.
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H. OPEN PUBLIC HEARING FOR LOCAL GOVERNING BODY -
7:30 P.M. CONTINUED:
1. Continued . . .
= I. NEW BUSINESS
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G 1. Proclaim the week of October 19th - 27th as
Shrine Hospital Days - Mayor Chapman.
COUNCILMFMBBRS/ACTION
Councilman Collins withdrew his motion.
Discussion continued, Councilman Collins made a motion delete
policy 2.2 and 5.5 of the Future Land Use Element; seconded by
Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Jim Carpenter, Representative of Shrine Hospital received the
proclamation. Mayor Chapman read the proclamation as follows:
"WHEREAS, one of our greatest resources is our children and
WHEREAS, one of the world's most benevolent guardians of this
resource is the Shrine Hospitals for Crippled Children and Burns
Institute, and, WHEREAS, twenty two Shrive Hospitals throughout
the United States, Canada and Mexico are dedicated to the great
task of curing or helping afflicted children without regard to
race or religion, and WHEREAS, more than 398,000 children have
been treated and returned to society either cured or substantially
helped, where 'neither patients nor their parents have been
required to pay for this outstanding medical care, and WHEREAS,
Shiners throughout North America have raised millions of dollars
to support the Shiners Hospitals and Burn Institutes to insure
a brighter future for these and future generations. NOW,
TORE, I, Oakland R. Chapman, do hereby proclaim the week of
October 19th through October 27th as "SHRINE HOSPITAL DAYS" in
recognition of the outstanding and unselfish work of the many
Shiners of North America and urge all our citizens to join me
in recognizing this great service."
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SEPTEMBER 4, 1990
PAGE 9 OF 15
I. NEW BUSINESS CONTINUED:
COUNCILMEMBERS/ACTION
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2. Motion to appoint Linda Ballinger to the Code
Councilman Collins made a motion to appoint Linda Ballinger to
Enforcement Board replacing James Riddley -
the Code Enforcement Board replacing James Riddley on the
Recommended by the Code Enforcement Board
recommendation of the Code Enforcement Board; seconded by
(Exhibit 5).
Councilman Kirk.
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Councilman Watford asked if Mr. Riddley had resigned? Mayor
Chapman stated from his understanding the Code Enforcement Board
declared the opening due to the number of absences.
Councilman Collins suggested a letter of "Thanks" be sent to Mr.
Riddley for all his years of service. (Administration Office is
to send the letter)
Chapman
X
Collins
X
Kirk
X
-
Thomas
X
'Watford
X
Motion Carried.
RECESS: 8:45 P.M. - - RECONVENED: 8:55 P.M.
3. Motion to appoint James Padgett, Jr. as a
Councilman Collins made a motion to appoint James Padgett, Jr.
new maintenance operator assigned to the
as anew maintenance operator assigned to the Public Works
Public Works Department - Director of Public
Department; seconded by Councilman Kirk.
Public Works.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
0
Director Elders introduced Mr. Padgett, Jr. to the Council.
I. NEW BUSINESS CONTINUED:
4. Motion to appoint Darla Davis as a new
dispatcher assigned to the Police Department
- Police Chief.
5. Motion to appoint Pat Pethybridge as a new
meter reader assigned to the Public Utilities
Department - Director of,Public Utilities.
6. Motion to approve a contract extension for
sewer service between the City and Ernest
Blitch from January 3, 1991 to May 3, 1991
- Director of Public Utilities (Exhibit 6).
COUNCILMEMSERS/ACTION
Councilman Kirk made a motion to appoint Darla Davis as a new
dispatcher assigned to the Police Department; seconded by
Councilman Watford.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Chief Mobley explained Mrs. Davis was unable to attend the meeting
because she is finishing her employment at her previous job.
Councilman Kirk made a motion to appoint Pat Pethybridge as a new
meter reader assigned to the Public Utilities Department; seconded
by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Director Fortner stated Ms. Pethybridge was unable to attend the
meeting.
Councilman Collins made a motion to approve a contract extension
for sewer service between the City and Ernest Blitch from January
3, 1991 to May 3, 1991; seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOrF
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In
I. NEW BUSINESS CONTINUED:
7.
8.
Motion to adopt Resolution #90-9 - City
Administrator (Exhibit 7).
Motion to adopt Resolution #90-10 - City
Administrator (Exhibit 8).
COUNCILMBMBCRS/ACTION
Mayor Chapman read Resolution #90-9 by title only as follows:
"A RESOLUTION OF THE CITY OF OKEECHOBEE, OKEECHOBEE, FLORIDA,
URGING ITS CITIZENS TO SUPPORT THE CONSTITUTIONAL AMENDMENT NO.
3 ON THE NOVEMBER 1990 BALLOT LIMITING UNFUNDED STATE MANDATES
ON CITIES AND COUNTIES."
Councilman Kirk made a motion to adopt Resolution #90-9; seconded
by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mayor Chapman explained that Resolution #90-10 was a resolution
to lease equipment (with The Citizens and Southern National Bank,
for police cars).
Councilman Collins made a motion to adopt Resolution #90-10;
seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
9. Motion to approve a service contract between After discussion Councilman Watford suggested item "4a" of the
the City and John R. Cook, Attorney at Law - proposed contract be edited to read "Attend all City Council
City Administrator (Exhibit 9). meetings, workshops, Code Enforcement meetings and such other
boards and committees appointed by the City Council".
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VOTE
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SEPTEMBER 4, 7990
PAGE 12 OF 15
I. NEW BUSINESS CONTINUED:
9. Continued . . .
10. Hear from County Commissioner Cliff Betts
regarding the Solid Waste Interlocal
Agreement - Commissioner Betts (Exhibit 10).
COUNCILMFMBPRS/ACTION
Councilman Kirk made a motion to approve a service contract
between the City and John R. Cook, Attorney at Law as amended;'
seconded by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mr. Dale Militia, County Manager explained that Commissioner Betts
was unable to attend the meeting and asked him to attend the
meeting to field any questions the City might have.
Attorney Cook went over the agreement with the Council stating
in his opinion the Council should not approve this proposed;
agreement from the County.
Councilman Watford made a motion to approve the interlocal
agreement as presented by the County; seconded by Councilman Kirk
for discussion.
Councilman Collins stated the County should wait until the Solid
Waste Advisory Board makes their recommendations to the County
before they request this agreement because; they might not need
the agreement.
After lengthy discussion among Council, Attorney Cook and citizen
Jeff Howell, vote on motion was as follows:
Chapman
Collins
Kirk
Thomas
Watford
Motion Died.
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SEPT�MBER 4. 1990
PAGE 13 OF 15
I. NEW BUSINESS CONTINUED:
11. Motion to confirm settlement from Scottsdale
Insurance Company to Mr. Lester Rush in the
amount of $10,000.00 - City Attorney (Exhibit
11).
12. Consider an application for Street Closing
from Mr. and Mrs. Hesse - City Administrator
(Exhibit 12).
13. Update of item of interest to the City by
County Commissioner Jack Williamson.
COUNCILMEMBERS/ACTION
i
Administrator Drago explained Mr. Lester Rush was arrested by two
City Police and claimed police brutality. The city's insurance
company settled without a trial in the amount of $10,000.00 and
the City is not claiming liability.
Councilman Kirk made a motion to confirm the settlement from
Scottsdale Insurance Company to Mr. Lester Rush in the amount of
$10,000.00; seconded by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
After lengthy discussion among Council and Director Elders
concerning the issue that this street was a continuation of
Southwest 20th Street (Of which a part was closed last month);
Councilman Collins made a motion to table the application until
the next meeting; seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried:
County Commissioner Williamson was not present.
VOTE
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J.
COUNCIL REPORTS AND/OR REQUESTS:
2.
3.
4.
Councilman Collins:
Councilman Watford:
Administrator Drago:
Mayor Chapman:
COUNCILMEMBERS/ACTION
a) Water Quality: Councilman Collins informed Director Fortner
the following water customers would like their water quality
checked:
(1) John Wofford, 1107 S.W. 6th St., (2) Dianne Kirton,
1108 S.W. 7th St., (3) Pat & Lloyd DeVoss, 1110 S.W. 7th
St., and (4) Steve Smith, 1105 S.W. 6th St.
a) Railroad Crossing: Councilman Watford pointed out the
Railroad Crossing has not been fixed. Director Elders explained
he had tried to meet with the person in charge, but he has not
showed up for the meetings.
b) Employee Handbook: Councilman Watford asked the status on
the revised handbook. Administrator Drago explained it was still
going through the distribution channels for department heads to
review.
c) Partial Pay Request Procedures: Councilman Watford asked
if there was a certain procedure that is to be followed in partial
payments and suggested if there is not, then a procedure needed
to be adopted by the Council. Attorney Cook stated he would draw
up a proper resolution for the Council to consider. ( partial pay
requests on contracts and items which are bided out)
a) Boat Ramp. at S.E. h Avenue & 4th Street: Administrator
Drago announced the Fresh Water & Game Commission will start
repairs on the boat ramp and the City will have to adopt an
agreement to carry out the up -keep of the boat ramp in the future.
a) Mayor Chapman informed Director Elders of tree limbs on the
sidewalks of Southwest 6th Street.
VOrE
YES 1 NO
ADJOURNMENT
Mayor Chapman:
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE
TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY
COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATII
RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
A COPY OF THE RECORDING CAN BE OBTAINED IN THE CITY
CLERK'S OFFICE.
i
may-
=akland R. Chapman, ayor
Attest:
Bonnie S. Thomas, City Clerk, CMC
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COUNCILMEMBERS/ACTION
Mayor Chapman adjourned the meeting at 9:55 P.M.
VOTE