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1990-11-06 Regular MeetingCity of Okeechobee C I T Y C O U N C I L M H E T I N G November 6, 1990 - 2:00 P.M. SUMMARY OF COUNCIL ACTION A. Call meeting to order. B. Invocation offered by Pastor James Griffith; Pledge of Allegiance led by Mayor Chapman. C. Mayor and Council attendance: Mayor Oakland R. Chapman Councilman R.R. "Nick" Collins Councilman James "Jim" Kirk Councilman Oscar Thomas Councilman Dowling R. Watford, Jr. Staff attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas City Deputy Clerk S. Lane Earnest D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of October 16, 1990. COUNCILMEMBERSIACT70N Mayor Chapman called the meeting to order at 7:00 P.M. Invocation by Councilman Watford; Mayor Chapman led the Pledge of Allegiance. (Present Present Present Absent Present Present Present Absent (City's Supervisor of Elections - representing the City on the Election Canvassing Board.) Present Councilman Collins made a motion to dispense with reading and approve the Summary of Council Action for the regular meeting �of October 16, 1990; seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. PG l o b 1VOTE YES At) tAB�xNi X X X -� X X X X X X �1 X X X X REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. E. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION 1A. Motion to read by title only, Ordinance #634 amending Chapter 18 of- the Code of Ordinances - City Attorney (Exhibit 1). 1B. Motion to adopt Ordinance #634. CLOSE PUBLIC HEARING NOVEMBER 6, 1990 COUNCILMEMBERS/ACTION Mayor Chapman announced under New Business number eight.amount was changed to $121,135.77 and number eleven was added to the agenda. Councilman Watford made a motion to read by title only Ordinance #634 amending Chapter 18 of the Code of Ord- dinances; seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. Attorney Cook read Ordinance #634 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, SECTIONS 18-4, 18-7, 18-18 AND 18-19 THEREOF, ADDING A DEPOSIT REQUIREMENT FOR GARBAGE ONLY CUSTOMERS; DEFINING THE CUT-OFF DATE FOR SERVICE; AND EXTENDING SERVICE TERMINATION TO THOSE CUSTOMERS SERVED AT MORE THAN A SINGLE ADDRESS, PROVIDING AN EFFECTIVE DATE." Councilman Collins made a motion to adopt Ordinance #634; seconded by Councilman Watford. Chapman Collins Kirk Thomas Watford Motion Carried. PG 2 o6 11 VOTE X X X X X X X X W X NOVEMBER 6, 1990 PG 3 o6 11 F. NEW BUSINESS COUNCILMCMBFRS/ACTION VOfF SAES W �Nf 1. Proclaim Farm -City week in Okeechobee - Mayor Chapman presented the proclamation to Mrs. Brenda Williams Mayor Chapman. and read it in its entirety as follows: "WHEREAS, THE PROSPERITY AND WELL-BEING OF THIS COMMUNITY ARE DEPENDENT UPON UNDERSTANDING AND COOPERATION BETWEEN THE TWO GREAT ELEMENTS OF OUR SOCIETY; FARMERS AND NON -FARM PEOPLE, AND WHEREAS, THE COMPLEXITIES OF THEIR INDIVIDUAL ENDEAVORS AND THE DIVERGENCE OF THEIR ACTIVITIES WITH DECREASING OPPORTUNITY FOR INTERACTION COULD LEAD TO AREAS OF MISUNDERSTANDING, AND WHEREAS, THIS MISUNDERSTANDING MUST BE AVOIDED, AND EACH GROUP MUST UNDERSTAND ITS INTERDEPENDENCY ONE WITH THE OTHER IF OUR AMERICAN WAY OF LIFE IS TO ENDURE, AND WHEREAS, FARM -CITY WEEK PROVIDES AN UNPARALLELED OPPORTUNITY FOR FARM AND CITY PEOPLE TO ESTABLISH COMMUNICATION TO BECOME ACQUAINTED. NOW, THEREFORE, BE IT RESOLVED, THAT I OAKLAND R. CHAPMAN, MAYOR OF THE CITY OF OKEECHOBEE, DO HEREBY PROCLAIM THE PERIOD OF NOVEMBER 16 THROUGH NOVEMBER 22, 1990 TO BE FARM —CITY WEER; AND I DO FURTHER CALL UPON ALL CITIZENS OF THIS COMMUNITY TO PARTICIPATE IN JOINT VISITS, SEMINARS, PAGEANTS, FAIRS, CIVIC, AND SOCIAL EVENTS CONDUCTED DURING FARM —CITY WEEK.n 2. Proclaim the annual sale of Buddy Poppies Mayor Chapman presented the proclamation to Mr. Davis, VFW by the Veterans of Foreign Wars - Mayor Representative and read it in its entirety as follows: Chapman. "WHEREAS, THE ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN WARS OF THE UNITED STATES HAS BEEN OFFICIALLY RECOGNIZED AND ENDORSED BY GOVERNMENTAL LEADERS SINCE 1922; AND WHEREAS, V.F.W. BUDDY POPPIES ARE ASSEMBLED BY DISABLED VETERANS, AND THE PROCEEDS OF THIS WORTHY FUND-RAISING CAMPAIGN ARE USED EXCLUSIVELY FOR THE BENEFIT OF DISABLED AND NEEDY VETERANS, AND THE WIDOWS AND ORPHANS OF DECEASED VETERANS, AND WHEREAS, THE BASIC PURPOSE OF THE ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN WARS IS ELOQUENTLY REFLECTED IN THE NOVEMBER 6, 1990 PG 4 o6 11 VOTE F. NEW BUSINESS CONTINUED vCOUNCILMEMBERS/ACTION IYES 2. Continued . . : 3. 4. Motion to appoint Mr. Angel Sauceda as a new water plant operator - Director of Public Utilities. Motion to adopt Resolution ##90-15 amending the water sewer fee schedule - Director of Public Utilities (Exhibit 2). NON, THEREFORE, BE IT RESOLVED, THAT I, OAKLAND R. CHAPMAN, MAYOR OF THE CITY OF OKEECHOBEE DO HEREBY URGE THE CITIZENS OF THIS COMMUNITY TO RECOGNIZE THE MERITS OF THIS CAUSE BY CONTRIBUTING GENEROUSLY TO ITS SUPPORT THROUGH THE PURCHASE OF BUDDY POPPIES ON THE DAY SET ASIDE FOR THE DISTRIBUTION OF THESE SYMBOLS OF APPRECIATION FOR THE SACRIFICES OF OUR HONORED DEAD. I URGE ALL PATRIOTIC CITIZENS TO NEAR A BUDDY POPPY A MUTE EVIDENCE OF OUR GRATITUDE TO THE MEN OF THIS COUNTRY WHO HAVE RISKED THEIR LIVES IN DEFENSE OF THE FREEDOMS WHICH WE CONTINUE TO ENJOY AS AMERICAN CITIZENS." Councilman Collins made a motion to appoint Mr. Angel Sauceda as a new water plant operator; seconded by Councilman Watford. Chapman Collins Kirk Thomas Watford Motion Carried. Councilman Collins made a motion to adopt Resolution ##90-15 amending the water and sewer fee schedule; seconded by Councilman Watford. Chapman Collins Kirk Thomas Watford Motion Carried. Resolution #90-15 title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE PUBLIC UTILITY RATE RESOLUTION 89-5 TO ADD A FEE TO SECTION C; AND TO ADD A DEPOSIT REQUIREMENT FOR GARBAGE ONLY CUSTOMERS IN SECTION E, NUMBER 25; PROVIDING AN EFFECTIVE DATE." X X X X X X X X X ►oUFMRFR A_ 1990 PG 5 oA II F. NEW BUSINESS CONTINUED - - - - COUNCILMEMBERS/ACTION vvrE YES NO¢� 5. Motion to adopt Resolution #90-16 supporting Councilman Watford made a motion to adopt Resolution #90-16 a four year university for the Treasure Coast supporting a four year university for the Treasure Coast; seconded - City Administrator (Exhibit 3). by Councilman Kirk. Councilman Watford asked where this Resolution came from? Administrator Drago explained the Resolution came from the Administrator of Martin County, the Treasure Coast is petitioning the State to build a university on the Treasure Coast. ' Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. i� Resolution #90-16 title reads as follows: �. "A RESOLUTION OF THE CITY OF OKEECHOBEE, OKEECHOBEE OCUNTY, FLORIDA, SUPPORTING THE LOCATION OF A UNIVERSITY O THE TREASURE COAST." 6. Hear from Mr. Perry Wilson concerning his Mayor Chapman asked if Mr. Wilson was present. Mr. Wilson was sewer bill - Mr. Perry Wilson (Exhibit 4). not present, Director Fortner explained to the Council this was one of the four sewer bills that was discussed at the last Council meeting. Councilman Collins made a motion to handle all four sewer bills the same as the first bill was handled at the last meeting (motion was to delete the balance owed and start billing currently); seconded b- Councilman Kirk. Administrz.tor Drago also pointed oui: that one person had already paid their bill. Councilman Coll.i:i5 stated the City should refund thior money. Attorney Cook reminded the Council the Lond issue states no free service and this is what it amou:its :o is free service. F. NEW BUSINESS CONTINUED 6. Continued . . : 7. Hear from Robbie Hoover concerning the Comprehensive Plan - Mr. Robbie Hoover. 8. Motion to approve a partial pay request to A.O.B. Underground in the amount of $124,927.31 - Director of Public Utilities (Exhibit 5). 6. 199 COUNCILMEMBERS/ACTION Vote on motion as follows: Chapman Collins Kirk Thomas Watford Motion Carried. Mr. Hoover was not present, however, Administrator Drago relayed to the Council the topic of discussion was concerning the Future Land Use Element using the wording "in Taylor Creek area" in objective 7. However, nothing can be done until January when the proposed Comprehensive Plan comes back from Tallahassee. Mr. Jim Baughman, member of the Citizen's Advisory Committee agreed with Administrator Drago further explaining to the Council that taking out that wording was of importance. Director Fortner explained to the Council the reason Engineer Willard, decreased the amount of the payment was explained in his letter to the council. Since the testing of the pipes had not been done he felt a 10% decrease in the payment was substantial. Councilman Collins made a motion to approve a partial pay request to A.O.B. Unde'rground in the amount of $121,135.77 upon the recommendation of the engineer; seconded by Councilman Watford. Chapman Collins Kirk Thomas Watford Motion Carried. PG 6 oA 11 VOTE [YES I NO ABA X X X X X X X X X NOVEMBER 6. 1990 PG7o6 11 F. NEW BUSINESS C'.ONTINUED COUNCILMEMBERS/ACTION VOTE YES W ,48� 9. Hear from Mr. Jim Baughman concerning his Mr. Jim Baughman, president of Blue Heron Golf and Country Club his final plat for Blue Heron - Mr. Baughman. presented the Council with copies of proposed Phase I. Mr. Baughman continued explaining to the Council his project will be completed in four phases, coming before the Council for approval of each. Councilman Watford asked Mr. Baughman if he had read all the memo's from the City's Department Heads pertaining to the development and the Zoning Administrator's comments? And if you have do you have any problems with their comments? Mr. Baughman stated he had read all the memo's pertaining to the development and that the requests from the Department Heads would be in their hands by the end of the week. Zoning Administrator O'Shea stated the comments he made were minute details and Jim (Mr. Baughman) has a good working development that will be an asset to the City. Attorney Cassels representing Mr. Baughman also presented to the Council a Development Agreement for Blue Heron, et al. to be accepted and signed today. Attorney Cook explained to the Council the development agreement was comprised from both he and Attorney Cassels and he feels it is a "two-way street" agreement. "This agreement basically is good for both sides, and protects the City by making the developer do exacting what he says he will do. After much discussion Councilman Kirk made a motion to approve the final plat for the Blue Heron Phase I Golf and Country Club; seconded by Councilman Collins. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. F. NEW BUSINESS CONTINUED 9. Continued . . . 10. Update of items of interest to the City by County Commissioner Jack Williamson. 11. Motion to appoint Alena Morris as a new radio dispatch assigned to the Police Department - Chief Mobley (Exhibit 5). G. COUNCIL REPORTS AND/OR REQUESTS 1. Councilman Collins: r.11 COUNCILMEMBERS/ACTION cilman Collins made a motion to approve the Development ement for Blue Heron Golf and Country Club; seconded by cilman Kirk. apman llins rk omas tford tion Carried. issioner Williamson was not present. Councilman Collins made a motion to appoint Alena Morris as a new dispatcher assigned to the Police Department; seconded by Councilman Kirk Chapman Collins Kirk Thomas Watford Motion Carried. a) Informal Change Orders: Councilman Collins stated " the chlorination system in the water plant was designed and approved by this Council, the way it is at the plant and the "as built" certification from the engineer is different than what we approved, can someone tell me who it was that changed it and why we were not notified?" Bill Reese (engineer for project) and Director Fortner explained the supervisor of the water plant thought it to be better to make some adjustments which saved the City some money and the engineer verbally agreed over a telephone conversation with the suggestions of the supervisor. PG 8 bo 11 VOTE YES NO AS X X X X X X X X X X NOVEMBER 6, 1990 PG 9 o6 11 G. COUNCIL REPORTS AND/OR REQUESTS CONTINUED 1. Continued . . : COUNCILMEMBERS/ACTION Councilman Collins made a motion that in the future any time an engineer makes plans, before any changes are made bring them back before the. Council; seconded by Councilman Kirk for discussion. After lengthy discussion among Council, Engineer Reese and staff Councilman Kirk withdrew his second, Councilman Collins withdrew his motion. Councilman Collins made a motion that in the future any changes made on engineering plans must be signed by the engineer and department head, no verbal agreements, or come to the Council for approval; seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. b) Letter from DER Bet -Her -Acres: Councilman Collins stated the letter from DER blames Bet -Her -Acres water problems on the City and asked Director Fortner how long he knew this information? Director Fortner explained he received the same letter dated the same as the Council. They researched what piece of equipment was not working correctly, the part -iad to be ordered from California and the company promised Next d:y air delivery, they did not live up to their promise and it took longer to get the equipment back into operation.' Councilman Collins reminded the staff the Council needs to be updated and informed. c) Election Qualifying rime: Councilman Collins commented the qualifying time of the City' s Election in the future needs to be the same as the County's to allow more time for the printing of the ballots. d) Candidate's Signs: Councilman Collins commented on candidates or committees sticking signs in the Memorial Parks was not in good taste. Council agreed. VOTE VES I W X X X X X ri �O f� G. COUNCIL REPORTS AND/OR REQUESTS CONTINUED 2. 3. 4. Continued . . : Councilman Watford: Administrator Drago: Deputy Clerk Earnest: COUNCILMEMBERS/ACTION e) Update City Charter: Councilman Collins asked the Council to consider updating the City's Charter. f) Up -keep of old Wastewater Plant: Councilman Collins suggested the up -keep of the old wastewater treatment plant should done as soon as possible and kept clean. a) Increase in health insurance: Councilman Watford pointed out that the health insurance has increased and asked Administrator Drago if it could be researched to find another company to give better prices. Administrator Drago answered they could research other companies or keep the current company and go on a P.P.O. Plan. Councilman Watford requested Administrator research all options and report back to the Council with the results. b) Budget Resolutions: Councilman Watford asked if the Resolutions had been drafted the Council requested concerning policies for the budget? (Attorney Cook left the meeting at 3:00 P.M.) c) Water Plant Expansion vs. Ground Water: Councilman Watford asked if the item of the water expansion would be on the agenda at the next meeting? After discussion whether the item should be discussed today or next meeting, Council agreed to have the item placed on next meeting agenda. Remedial Work Update: Administrator Drago informed the Council the plans of the remedial work will be returned from Farmers Home Association to Engineer Dan Willard by next week. Clerk's Office Closed: Deputy Clerk Earnest reminded the Council the City Clerk's office would be closed Tuesday, November 13 through Friday, November 16, 1990 while the City Clerk and Deputy Clerk attend the Annual Clerk's Educational Institute in Sarasota. PG 10 o{ 11 VOTE YES I W NOVEMBER 6, 1990 PG 11 o6 11 COUNCI LMEMBERS/ACTION VOTE YES W AB-gB f G. COUNCIL REPORTS AND/OR REQUESTS CONTINUED 5. Mayor Chapman: Parking by Parks: Mayor Chapman explained he had complaints from merchants on South Park Street because the people using the parks where using the parking spaces. Council agreed to stipulate when a permit is issued to use the side parking spaces by the parks for the cars that will be parked all day. ADJOURNMENT , Mayor Chapman: Mayor Chapman adjourned the meeting at 3:30 P.M. 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 VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ,COPY OF THE RECORDING CAN BE OBTAINED IN THE CITY �ERR'S OFFICE. ®' Oakland R. ChapmMayor Attest: Bonnie S Thomas, City Clerk, CMC