1991-03-19 Regular Meeting/ �KFFC
CITY OF OKEECHOBEE
'c�OR10P C I T Y C O U N C I L M E E T I N G
March 19, 1991 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
Page 7 aA I
COUNCILMEMSERS/ACTION
Voff
YES
W
A. Call meeting to order.
Mayor Kirk called the meeting to order at 7:00 P.M.
B. Invocation offered by Pastor Dale Wolf;
Invocation by Pastor Dale Wolf;
Pledge of Allegiance led by Mayor Kirk.
Mayor Kirk led the Pledge of Allegiance.
C. Mayor and Council attendance:
Mayor James "Jim" Kirk
Present
x
Councilmember R.R. "Nick" Collins
Present
X
_ Councilmember Danny Entry
Present
X
Councilmember Jerry E. Walker
Present
X
Councilman Dowling R. Watford, Jr.
Present
X
Staff attendance:
City Attorney John R. Cook
Present
X
City Administrator John J. Drago
Present
X
City Clerk Bonnie S. Thomas
Present
X
City Deputy Clerk S. Lane Earnest
Present
X
D. Motion to dispense with reading and
Councilmember Collins made a motion to dispense with reading and
approve the Summary of Council Action
approve the Summary of Council action for the regular meeting of
for the regular meeting for March 5,
March 5, 1991; seconded by Councilmember Entry.
1 991 .
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Mauch 19, 1997 - Requfan Meet-l"nq - Page 2 o6 //
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
E. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION
1A. Motion to read by title only, Ordin-
ance 635, establishing the City's
Comprehensive Plan - City Attorney
(Exhibit 1).
COIWC UMFMB6RS/ACTION
Administrator Drago announced item number seven under new business
was added by request of Councilmember Collins.
Councilmember Collins made a motion to read by title only,
Ordinance 635, establishing the City's Comprehensive Plan;
seconded by Councilmember Watford.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Attorney Cook read Ordinance 625 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING,
REVISING AND REPLACING IN ITS ENTIRETY THE COMPREHENSIVE PLAN OF
THE CITY OF OKEECHOBEE, FLORIDA, WHICH WILL CONTROL FUTURE LAND
USE, GUIDE PUBLIC FACILITIES AND PROTECT NATURAL RESOURCES
PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT (CHAPTER 163, PART II, FLORIDA
STATUTES), INCLUDING A FUTURE LAND USE ELEMENT; TRAFFIC
CIRCULATION ELEMENT; HOUSING ELEMENT; SANITARY SEWER, SOLID
WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER AQUIFER
RECHARGE ELEMENT; CONSERVATION ELEMENT; RECREATION AND OPEN
SPACE ELEMENT; INTERGOVERNMENTAL COORDINATION ELEMENT; AND
CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE."
Ms. Marnice Mosley from the State of Florida, Department of
Community Affairs introduced herself to the Council and
explained her purpose for being here was to answer any questions
and respond to any comments or recommendations the Council might
have concerning the proposed Comprehensive Plan.
VOTE
YES I NO
X
X
X
X
X
Match 19, 1991 - Regutat Meeting - Page 3 ob 11
E.
OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION
1B. Motion to adopt Ordinance 635.
COUNM MEMBERS/ACTION
Administrator Drago pointed out to the Council, Mr. Hopper,
representative of the Central Florida Regional Planning Council
was here to address the Council.
Mr. Hopper gave the Council a hand out of revisions to the
Comprehensive Plan: Infrastructure Element delete goals 1,2 &
3 and make one goal with the same language; Traffic Element
delete goals 1,2&3 and make one goal with the same language;
Future Land Use Element add note of map 1.2 of the data and
analysis document is incorporated by reference into the Future
Land Use Map; and language in policy 2.2 changed to read
"appropriate data are suitable ... etc".
Attorney Michael Morell representing Lester Jennings who owns a
55 acre parcel of land on the East side of Taylor Creek and
Frank Altobello who owns a 45 acre parcel on the West side of
Taylor Creek, explained to the Council his clients were
comfortable with the current language change in policy 2.2 of
the Future Land Use Element.
Councilmember Watford made a motion to amend the Comprehensive
Plan Housing Element, policy 1.6 to 10% + 1 unit from 20% + 2
units; seconded by Councilmember Collins.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Councilmember Collins made a motion to adopt Ordinance 635;
seconded by Councilmember Watford.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
VOTE
YES I1)
X
X
X
X
X
X
X
X
X
X
CLOSE PUBLIC HEARING
March 19, 1991 - Regufan Meeting - Page 4 o� I{
F. NEW BUSINESS
COUNMMEM$ERS/ACTION
VOTE
YES
W
A$SENT
1. Motion to appoint Darla Davis as a
Councilmember Collins made a motion to appoint Darla Davis as a
regular dispatcher - Police Chief.
regular dispatcher (Police Department); seconded by Councilmember
Watford.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
2. Motion to appoint Paul Overton as a
Councilmember Watford made a motion to appoint Paul Overton as
regular maintenance operator - Director
a regular maintenance operator (Public Utilities); seconded by
of Public Utilities.
Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
3. Motion to accept the Bill of Sale for
Councilmember Watford made a motion to accept the Bill of Sale
water and wastewater lines at Seminole
for water & wastewater lines at Seminole Elementary School and
Elementary School and reimburse the
reimburse the School Board $84,685.00 for the cost difference of
School Board $84,685. for the cost
the 12" water line; seconded by Councilmember Entry.
difference of the 12" water line -
Director of Public Utilities (Exhibit
KIRK
X
2).
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
MaAch 19, 1991 - RegutaA Meeting - Page 5 oA ll
F. NEW BUSINESS CONTINUED
4. Motion to accept the Bill of Sale for
sewer lines in Block 17 and Block 202
in the Southwest section of the City -
Director of public Utilities (Exhibit 3).
5. Motion to approve
certification for
replacement fund
(Exhibit 4).
the engineer
the improvement and
- City Administrator
COUNCH MEMBERS/ACTION
Councilmember Collins made a motion to accept the Bill of Sale
for sewer lines in Block 17 and Block 202 in the Southwest section
of the City; seconded by Councilmember Entry.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Councilmember Watford made a motion to approve the engineer
certification for the improvement and replacement fund; seconded
by Councilmember Collins.
Councilmember Watford asked "What in the world is this?"
Administrator Drago explained, "In the first bond resolution
that was passed in 1987, there is a provision that states that
the City either has to contribute 5% of gross revenues into the
improvement and replacement fund or obtain a certification from
an engineer that there are substantial funds in the improvement
and replacement fund that would not allow or that the City does
not have to put the 5% of gross revenues in; we have sufficient
revenues in the improvement and replacement fund that accedes
the 5% requirement. So, this is an item that we need to address
so if any bond holder comes in and asks is there sufficient
revenue in the improvement and replacement fund, then we can say
yes and we can show them that we have a letter from an engineer
certifying it. If we didn't have enough revenue in the
improvement and replacement fund then we would be required to
put 5% of gross revenues into it."
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
041
X
X
X
X
X
X
X
X
X
X
VOTE
March 19, 1991 - Regufan Meeting - Page 6 o611
COUNCUMEMBERS/ACTION
VOTE
YES
NO
A& NT
F. NEW BUSINESS CONTINUED
6. Discuss the Director of Public Utilities
Councilmember Walker stated he asked this item to be put on the
position - Councilmember Walker (Exhibit
agenda because a decision needs to be made.
5).
Administrator Drago prepared a statement of four options
concerning the Director and Assistant Director of Public
Utilities positions for the consideration and discussion by
Council.
Councilmember Watford stated ... "do you think maybe we are
setting our sites to high? Maybe, we should hire an
administrative type director and have a consulting engineer."
Councilmember Collins stated he preferred option number two
because we need somebody here and not "jump out" and hire
somebody with just the applications that we received.
(OPTION 2 being: "The council could consider hiring an interim
director to begin work as soon as possible before March 29.
This person should be technically qualified. One possibility
would be to secure the services of an engineer from either
Knepper and Willard or Reese and Macon. I contacted Dan Willard
and he indicated that he had a qualified engineer (resume
attached). The reason why Ms. Groover is available is because
Knepper and Willard closed their Tallahassee office. The salary
for Ms. Groover would be based on $35,000 per year. Mr. Reese
indicated that he has no one available.")
Discussion continued among the Council. Councilmember Entry
asked if she (Ms. Goover) would come here to live?
Administrator Drago answered, yes. Councilmember Watford
stated, I assume she (Ms. Groover) is not one of the applicants
nor does she plan to be? Administrator Drago answered, no that
is correct she is not applying.
(
Councilmember Collins made a motion to accept option number two
as presented in exhibit five; seconded by Councilmember Entry.
Councilmember Watford made an amended motion to the motion
accepting option number two, adding that Director Fortner remain
until April 26th. Amended motion died for lack of a second.
Match 19, 1991 - Regufat Mee-t4nq - Page 7 o{ II
F. NEW BUSINESS CONTINUED
6. Continued . .
7. Motion to adopt Resolution 91-2 support-
ing a Comprehensive Solid Waste Manage-
ment Plan for Okeechobee County -
Councilmember Collins (Exhibit 6).
WTE
COUNCILMEMBERS/ACTION yEs
Vote on motion:
I
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTjION CARRIED.
Councilmember Collins made a motion to adopt Resolution 91-2
supporting a Comprehensive Solid Waste Management Plan for
Okeechobee County; seconded by Councilmember Walker.
Attorney Cook read Resolution #91-2 by title only:
"A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING A
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN FOR OKEECHOBEE
COUNTY."
Following a brief discussion Councilmember Watford made an
amended motion, to the motion adopting Resolution 91-2
supporting a Comprehensive Solid Waste Management Plan for
Okeechobee County, to add the wording "both present and future
generations." in the first paragraph beginning with "That";
seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Vote on the original motion:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
March 19, 1991 - Regu&A Meeting - Page & o6 11
G.
2.
3.
COUNCIL REPORTS AND/OR REQUESTS:
Councilmember Collins:
Councilmember Entry:
Councilmember Watford
COUNC U MBMBFRS/ACTION
a) Master Plan Up -date Councilmember Collins asked Director
Fortner and Engineer Reese if we had all the information we need
for the (water) master plan? Engineer Reese answered, all the
information had been gathered, except doing the flowtest, which
Director Fortner and I have decided not to do until capacity is
lower, which should be some time in April.
b), Councilmember Collins asked whether the moratorium DER
(Department of Environmental Regulations) had put on the City
affects people that have already received their water
allocations from the Council? Director Fortner answered, that
two of the three allocations the Council passed have been turned
down by DER.
Councilmember Entry announced he had received some complaints
concerning Blue Heron Golf and Country Club putting signs up on
City road signs. Mr. Jim Baughman, developer of Blue Heron
responded to the Council explaining the signs where put up not
to create a problem, but to solve one. Blue Heron had received
numerous phone call of complaints of people not being able to
find the development and going into Lucie Island, therefore Mr.
Baughman spoke with Administrator Drago and Public Works
Director Elders to get their permission to put small signs under
the street signs pointing the direction to get to the
development, they were not meant as advertisement signs.
a) Water Plant Expansion Up -date Councilmember Watford asked
where do we stand on the existing water plant expansion?
Engineer Reese answered, in three to four weeks he should have
a permit to turn in to DER, construction should start around
June or July and complete the project sometime in December or
January.
b) Remedial Work Up -date
up -date on the remedial
progress had slowed down
section after the testing
Councilmember Watford asked
for customers who have to p
After discussion, Council
the next meeting.
Councilmember Watford asked for an
work. Director Fortner explained
they were testing the Southeast
they would get DER to certify it.
if payment plans needed to be set up
ay for the hook-up fee to the sewer.
decided to have it on the agenda for
VOTE
YES I NO
Mauch 19, 7991 - Regutan Meeting - Page 9 o6 11
G.
3.
4.
COUNCIL REPORTS AND/OR REQUESTS:
Continued . . .
Mayor Kirk:
COUNCILMEMBERS/ACTION
c) Appreciation to Director Fortner Councilmember Watford
pointed out this was Director Fortner's last meeting and thanked
him for all his many years of service and dedication to the
City.
a) Okeechobee County/City/Beach Water Workshop on Public
Utilities At 7:30 P.M., Monday, March 18, 1991, a workshop was
held at the Okeechobee County Civic Center. The purpose of the
meeting was to determine the area of utility service to be
provided by each entity in the community; County, City and Beach
Water. Six items were presented for discussion at the workshop.
Mayor Kirk expressed apologies for being unable to attend the
workshop due to illness. He stated it was his understanding
that we, the City and County, were trying to get together a
Utilities Task Force and that he needed to appoint someone.
Councilmember Collins being already on the SWAB Board would be
the logical person to appoint if Council agreed and if
Councilmember Collins agreed.
There being no objections from Council nor Councilmember
Collins, Mayor Kirk appointed Councilmember Collins to serve on
the Utilities Task Force Committee as the City Council
representative.
The City/County Task Force will be made up of one City
Councilmember, one City Staff member, one County Commissioner,
one County Staff member and fill-in with the business community.
Mayor Kirk asked Administrator Drago if he had anything else?
Administrator Drago stated "...yes, not to belabor the meeting,
but there was a meeting held this afternoon, L.C. (Director
Fortner), Dan Willard (engineer), Bill Reese (engineer), County
engineer (Gene Shriner), County manager (Dale Milita), Beach
Water engineer (J.H. Weaver) and myself. I thought in the
beginning that we were going to discuss the more broader issues
of the six items that were presented to us last night ( joint
workshop), but the jest of the meeting was that they were
looking for specifics. Specifics as far as what's our time
frame for the water plant, Bill Reese went through that.
Specifics as far as what do we see our service area to be, that
VOTE
YES I NO
- Paoe 10
G.
4.
COUNCIL REPORTS AND/OR REQUESTS:
Continued. .
COUNCILMFMBFRS/ACTION
Specifics as far as the HRS and the John Abney water allocations
that we agreed to try to set up a meeting so all parties
affected would go to it to present there case in hopes of
getting the water allocation.
I gather that the jest of the reason why the County was pushing
for a joint meeting was that they saw a problem with the City as
far as the water allocation to those two units were concerned so
they automatically assumed there was a big problem here. I
think that when the facts were presented to them that they
walked away knowing that the big problem was being addressed as
quickly as we can.
The question we had of the County was to effect our ability to
plan for capacity and extend water and sewer lines, where are
you going to put your growth? The answer, we don't know. The
question was well, if you don't know then how can you plan for
water and sewer lines in the County if in fact DCA (Department
of Community Affairs) does not want to go beyond what is know as
the urban district. They did not have an answer to that.
In the issue of sewer, they explained to us that they were
getting into the sewer business via taking over the sewer plant
for Okee Tanie, they are somehow thinking that they can provide
sewer service along that corridor of 441 and 78 leading to Moore
Haven. The question was, how are you going to dispose of it?
Answer, I don't know.
We brought forth some additional options on how that corridor
could be served but regardless of how its served it has to be
the question of disposal. And of course the likely plance to
dispose of it is through our sewer plant, after we get the
needed capacity, we explained to them that we do have some
several options available to the City as far as the power plant
is concerned, not only to address the water but, to address '--he
affluent water, as far as disposal is concerned.
VO E
YES INO
Mauch. 19, 1991 - Reautan Mee-tina - raaae 11 of 11
G. COUNCIL REPORTS AND/OR REQUESTS:
4. Continued . . .
ADJOURNMENT
Mayor Kirk:
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON
C 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. A COPY OF THE
RECORDING CAN BE OBTAINED IN THE CITY
CLERK'S OFFICE.
y i -ttest:
Bonnie S. Thomas, City Clerk, CMC
COUNM MEMBERS/ACTION
I asked Dale specifically do you want to discuss any of the six
items today, because we were prepared to discuss it; his answer
was no, but he did want to set up a second meeting with the same
parties to discuss the six items in more detail which I would
like to do because I'd like to get their ideas of this utility
authority and what portion of the City system they think they
can purchase and those types of things.
I am hoping that information is available to us, that when we
have that Task Force meeting that they ma not see the problem as
big as they think they do. Is that about right ... Bill?...L.C.?"
No further comment.
Mayor Kirk adjourned the meeting at 8:50 P.M.
"if
VES I NO