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1992-03-17 Regular Meeting11//i OKEEC do U ' �►+ �. m R 10 P11 1' C I T Y O F 0 K E E C H 0 B E E C I T Y C 0 U N C I L M E E T I N G MARCH 17, 1992 - 7:00 P.M. SUMMARY OF COUNCIL ACTION Paae 1 of 13 COUNCILMFMBFRS ACTION VOTE YES NO Nf A. Call meeting to order. Mayor Kirk called the meeting to order at 7:00 P.M. B. Invocation offered by Rev. John Hirst; Invocation offered by Councilmember Dowling Watford, Jr.; 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 X Councilmember R.R. "Nick" Collins Present X Councilmember Danny Entry Present X Councilmember Jerry E. Walker Present Councilman Dowling R. Watford, Jr. Present X ib Staff attendance: Attorney John R. Cook Present X X Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present X Deputy Clerk S. Lane Earnest Present D. Motion to dispense with reading and Councilmember Collins made a motion to dispense with reading and approve the Summary of Council approve the Summary of Council Action for the regular meeting of Action for the regular meeting of March 3, 1992; seconded by Councilmember Entry. February 18, 1992. KIRK X X COLLINS X ENTRY A WALKER WATFORD X MOTION CARRIED. MArrh 17 1QQ7 Dn-l- M--+;-- D,-- D -4 10 COUNCILMBMBERS ACTION VOTE YES NO Nr E. Motion to approve warrant registers for February, '1992: Councilmember Watford made a motion to approve the Warrant Registers for the month of February, '1992, General Fund General Fund $195,576.80 $195,576.80 and Public Utilities $368,663.34; seconded by ....... Public Utilities ... $368,663.34 Councilmembers Entry and Collins. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. None. F. OPEN PUBLIC HEARING FOR CONTRACT � APPROVAL WITH DCA Mayor Kirk opened the y p public hearing for the contract approval e with the Department of Community Affairs at 7:03 P.M. 1 a. Motion to approve a Stipulated Settlement Agreement between Councilmember Collins made a motion to approve a Stipulated the City and the Department of Community Settlement Agreement with amendments between the City and the Department of Community Affairs and authorize the Mayor to Affairs and authorize the Mayor to execute the Agreement; seconded by Councilmember Watford. execute the Agreement - City Administrator (Exhibit 1). 1 b. Discussion of the Agreement - Attorney Mike Morell appeared before the Council giving a Mr. Mike Morell, Special Counsel for the City. summarization of the processes that have taken place since DCA (Department of Community Affairs) found the City's Comprehensive Plan not in compliance in April '1991. Further explaining the proposed Settlement Agreement is an agreement that allows the Council to go back and amend the Comprehensive Plan as set out in Exhibit "B" of the Agreement. Lengthy discussions were held among Council and Attorney Morell with the following subjects discussed in detail: March 17 1Ag7 - Ranular Mpptina - Pace 3 of 13 C OUNC I L ME MBE RS ACTION VOTE VES NO kB-TNr F. OPEN PUBLIC HEARING FOR CONTRACT APPROVAL WITH DCA 1 b. Continued . . . 1) Two groups of citizens filed petitions to intervene in defense of the City and went with the City to Tallahassee to defend its Comprehensive Plan. Those citizens were represented by Mr. Lester Jennings who represented himself and his wife as a landowner and also Mr. Frank Altobello and other members of the Altobello/Cantrell Partnership and their consultant Robbie Hoover. Their presence assisted the City in successfully explaining to the DCA just why it made the decisions it did when it adopted its Comprehensive Plan. This Agreement now accurately reflects the DCA coming to better understand the City's actions regarding its Comprehensive Plan. 2) The City was a landowner in this case as well as a governing body. There are only three pieces of property of any significant size that remain available to be developed in the City. One is owned by the City. All three parcels front on Taylor Creek. The major objection which the DCA had to the Comprehensive Plan dealt with whether or not the Comprehensive Plan was adequately protecting Taylor Creek and how the development of these three remaining pieces of property might impact the natural resources. The mission accomplished in the Agreement, was to explain to the DCA that most of the environmental degradation which has occurred to Taylor Creek was degradation which was a result of Federal, State and Regional Policy that proceeded this modern era. The Policy with regard to Taylor Creek, its channel izat ion and dredge was a Policy that is almost f if ty years old in this community. After explaining to the DCA the history of how Taylor Creek got to its present condition the case was made that the City ought to be responsible for only its fair share of any restoration, any further degradation of Taylor Creek and that it would be unfair for the State to attempt to shift to this community the cost of a restoration of Taylor Creek including the shifting of the cost to the landowners who would choose to develop the three remaining parcels. March 17. 1992 - Regular Meeting - Page 4 of 13 COUNCILMEMBERS ACTION VOTE YES NO VTNT F. OPEN PUBLIC HEARING FOR CONTRACT APPROVAL WITH DCA 1 b. Continued 3) The Agreement has been Noticed (Published) and has been on file here for citizens to look at. There is a minor technical addition which is an amendment to the Agreement. It is a technical revision to the definition of "In compliance" which appears on page one of the Agreement and all the amendment does is amend that definition on paragraph one "E" which is at the bottom of page one to more accurately reflect what the Statutory Law says. The Statutory Law says that when a City enters into one of these proceedings its Comprehensive Plan only has to be in compliance with those department rules which are themselves not inconsistent with the Statute. When the Department's lawyers drafted this amendment off of their word processor they left off the portion of the clause that said as long as the rule is not inconsistent with the law. 4) "Remedial Actions to be Considered for Adoption. The City agrees to consider..." What this is saying is the Council still has to hold the public hearings and then if they fail for whatever reason to do that, then the Comprehensive Plan is still not in compliance. 5) Two Hearings. There are two hearings required under the Growth Management Act. The first hearing, Transmittal Hearing, is when the Council drafts the set of amendments to the Comprehensive Plan but has not adopted them yet. This draft must be sent off to Tallahassee to receive both the DCA and State agencies review before adopting them and they have a period of sixty days to do this. Then there will be a second hearing, which is the Adoption Hearing where the Council legally amends the Comprehensive Plan. 6) A $7500.00 Grant from DCA. Deliverables is the way the contract for the grant is set up. The State will send the City two checks of $3750.00 each. The first one will come after the Transmittal Hearing when the proposed amendments are sent, that is the first deliverable. The second check will come after the Adoption Hearing when the City sends the actual amendments, that is the second deliverable. March 17. 1992 - Reaular Meeting - Page 5 of 13 VOTE COUNCILMFMBFRS ACTION VES NO NT F. OPEN PUBLIC HEARING FOR CONTRACT APPROVAL WITH DCA 1 b. Continued 7) By 1996 the City will initiate an Inventory Study of the function and capacity of the City's existing stormwater drainage facilities and system. 8) Kissimmiee River Resource Management Plan. The Taylor Creek portion of the Kissimmiee River Plan was not as balanced as the Kissimmiee River portion and was pointed out. The City needs to proceed cautiously in developing regulations on the Creek. 9) Page six of Exhibit "B", first paragraph, last sentence, The residents of Okeechobee can remember no time when Taylor Creek flooded. Amend that to say since these actions by the State or Federal government were taken, because there are residents that can remember when Taylor Creek flooded. 10) Page nine of Exhibit "B", the revisions to Future Land Use Element. Requiring the landowner to do a study of some description, wetlands, unique habitats, flooding. 11) Page ten, Exhibit "B", Commercial and Industrial development shall not exceed a floor area ratio of 3.00 and a maximum... Deals with the intensity of development that can occur on the lot. Not the density, the number of units per acre but the intensity. And change the ratio (3.00) which means a three story building to a two story building. 1 c. Comments from the Public. Mr. Lester Jennings addressed the Council saying what a good job he thought Attorney Morell had done, that he is very knowledgeable about this issue and that with these amendments the Comprehensive Plan was a fair Plan. Mayor Kirk commented on the City's Comprehensive Plan by stating that we made more progress on it at this time than he thought we would and he is pleased that we are this far with it. We felt like we would get it back and have a bigger mess than what we started with. March 17, 1992 - Reqular Meeting - Page 6 of 13 COCINCILMEMBERS ACTION VOTE YESNMO NT F. OPEN PUBLIC HEARING FOR CONTRACT APPROVAL WITH DCA 1 d. Vote on motion. Mayor Kirk called for a vote on the motion to approve the Agreement: KIRK X COLLINS X ENTRY X WALKER X 14ATFORD X MOTION CARRIED. CLOSE PUBLIC HEARING Mayor Kirk closed the public hearing at 7:42 P.M. RECESS: Mayor Kirk called for a recess at 8:43 P.M. and reconvened the meeting at 8:48 P.M. ' ADDITIONAL ITEM DISCUSSED: Review Mayor Kirk explained that before the Council goes further with 'r of Okeechobee County Proposed the agenda item Old Business number one, Mike Morell has a short Comprehensive Plan - Mr. Mike presentation that he wants to make to the Council on information Morell. that relates to the public hearing that was just held. Attorney Morell explained, now that you know what your Comprehensive Plan is going to look like and you are ready to go forward to amend it to comply with this Agreement to implement the Comprehensive Plan, at the same time that you are doing that, the County is also moving along a track to adopt its Comprehensive Plan. That Comprehensive Plan contains intergovernmental coordination language which is suppose to be consistent to what the City is doing here. The City has language in its Comprehensive Plan to coordinate with the County. The reason we asked for a further discussion is, the law requires that if the County's Comprehensive Plan goes into a proceeding similar to the one the City's went into. Anybody who chooses to be a part of that proceeding has to participate with the County prior to the time that it adopts its Comprehensive Plan. ADDITIONAL ITEM DISCUSSION: March 17, 1992 - Regular Meeting - Page 7 fo 13 VOTE COUNCILMEMBERS ACTION VES NO k&RNT The County has scheduled its Comprehensive Plan for adoption on April 2, 1992. They have not Noticed it for adoption but there was an article that appeared in the press that said they were workshoping their Comprehensive Plan Thursday night and they are going to adopt it finally and send it to Tallahassee. The reason we are here is to seek the Council's approval, if you would choose, for us to review that Comprehensive Plan in an effort for the City to participate before the County, to leave maximum flexibility to further participate much the way Mr. Jennings and Altobello had, to protect their rights to participate with the City when we went off to Tallahassee. So, it would just be in the nature of seeking the Council's approval to review the workshop draft and a final hearing draft of the County's Comprehensive Plan to make sure that it is consistent with the City's and provide any comments or recommendations to the County to give them the City's thoughts on their Comprehensive Plan and also to protect the City's rights in the event the County finds themselves in the same position as the City was found and should the City choose to want to intervene on their behalf or on their own behalf to raise an issue which the DCA makes. That has to be done by April 2, 1992 and that is why we would seek the Council's approval at this time for that limited authorization. Following discussion among Council, Attorney Morell and staff concerning fees at an hourly rate of $90.00 with an estimate of seven to twelve hours and a trip back to Tallahassee of approximately $200.00 in expenses, Councilmember Walker made a motion to approve Mike Morell to represent the City in reviewing the County s Comprehensive Plan for its consistency with the City's Comprehensive Plan and his employment would also include a possible appearance before the County Commission at their Adoption Hearing as well as perhaps a written formal letter with recommendations, comments and objections; seconded by founcilmember Collins. Councilmember Watford asked if this was not something that our attorney could do? March 17. 1992 - Re4ular Meetinq - Page 8 of 13 ADDI7 G. VOTE COUNCILMEMBERS ACTION VES NO kNT Attorney Cook answered that yes, he could read the County's 'IONAL ITEM DISCUSSION: Comprehensive Plan, and file comments and objections, but does not have the expertise possibly to recognize conflicts between the Comprehensive Plans that Attorney Morell could. He could pick out a potential problem area much faster than we could because as Lester said Mike knows this area of the law backwards and forwards. Discussion ensued regarding the protection of the City's interest relative to the County's Comprehensive Plan. Then Councilmember Collins withdrew his second to the motion, whereby, Councilmember Walker amended his motion to include a cap of $1500.00 (for cost of the review); seconded by Councilmember Collins. Vote on motion with amendment is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION WITH AMENDMENT CARRIED. OLD BUSINESS 1. Consider an alley closing behind the Okeechobee Community Church - City Clerk (Exhibit 2). Mayor Kirk asked what the status was on the alley closing request in Block 40 First Addition to South Okeechobee from the Okeechobee Community Church. Councilmember Watford asked if the Clerk advised Reverend McDuff of the Council's request at the last meeting? City Clerk Thomas explained to the Council that Reverend McDuff came by her office today and he has not gotten one signature, he has not had the time or has not gotten around to it. He and Gary Frazier are suppose to go together and get the signatures as soon as they get their schedules together. So, there is no change. They are working on it and I feel they intend to pursue it but at this point he has not done anything further. March 17. 1992 - ReQuIar Meetin4 - Page 9 of 13 VOTE G. OLD BUSINESS COUNCILMEMBFRS ACTION VES NO VnNT 1. Continued Councilmember Collins made a motion to table the item until next meeting; seconded by Councilmember Entry. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 2. Southeast Canal clean up Administrator Drago presented to the Council a video tape of the project - City Administrator. finished canals that the Sarasota Company completed. Following discussion among Council and staff, Councilmember Entry made a motion to authorize to spend $12, 000.00 to have the company from Sarasota finish cleaning the canals in the Southeast section; seconded by Councilmember Collins. Discussion ensued among Council and staff, Mayor Kirk requested that it be researched whether or not we could give the canals back to the people or whomever. Vote on motion is as follows: KIRK X COLLINS X ENTRY X WALKER X 14ATFORD X MOTION CARRIED. 3. Motion to adopt Resolution Councilmember Watford made a motion to adopt Resolution No. 92-9 92-9 - City Administrator closing a portion of Northwest 5th Avenue; seconded by Exhibit 3). Councilmember Collins. Attorney Cook commented that the nature of a resolution is that it can be rescinded at any time, however, this particular Resolution, what it in essence does is it says that the City recognizes that the Department (South Florida Water Management District) considers this area to be wetlands. This mitigates the unauthorized road that Mr. Farmer put in. March 17. 1992 - Regular Meetina - Paae 10 of 13 G. OLD BUSINESS COUNCILMFMBFRS ACTION VOTE YES NO kBSEN7- 3. Continued . . . Vote on motion is as follows: KIRK X COLLINS X ENTRY XX WALKER WATFORD X MOTION CARRIED. Attorney Cook read Resolution No. 92-9 by title only as follows: "A RESOLUTION ADOPTED BY THE CITY OF OKEECHOBEE, FLORIDA, CONCERNING DESIGNATION OF WETLANDS WITHIN THE MUNICIPAL BOUNDARIES AS DEFINED IN FLORIDA STATUTES 403.91; PROVIDING AN EFFECTIVE DATE." H. NEW BUSINESS C� 1. Motion to award a three year Councilmember Entry made a motion to award a three year Street Street Sweeping Service Contract Sweeping Service Contract to P.F. Gomez Construction, Inc. in the to P.F. Gomez Construction, Inc. amount of $25,974.00; seconded by Councilmember Collins. in the amount of $25,974.00 - City Administrator (Exhibit 4). There was a brief discussion among Council and staff. Administrator Drago explained there was a termination section of the contract which allows either party to terminate with a sixty day notice. He further explained this was a three year contract and Mr. Gomez understood there could be no rate increase within that three year period. Vote on motion is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. March 17. 1992 - Reaular Meetinq - Page 11 of 13 VOTE H. NEW BUSINESS COUNCILM6MBFRS ACTION VES NO VaNT Councilmember Walker made a motion to award a contract to Florida Silica Sand in the amount of $20,428.00 for Ground Filter Media; seconded by Councilmember Collins. 2. Motion to award a contract to Florida Silica Sand in the amount of $20,428.00 for Ground Filter Media - Director of Public Utilities (Exhibit 5). There was a lengthy discussion concerning why the lowest bidder was not chosen. Reason being they did not conform to the bid specifications. Vote on motion is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 3. Consider an alley closing for Gene and Peggy Fulford - City Clerk (Exhibit 6). Administrator Drago began discussion stating that Mr. Fulford has an Agreement with the City to lease part of the alley in Block 214, City of Okeechobee, and the expiration of the Agreement is May, 1992. He wrote a letter to Mr. Fulford asking if he would like to renew the Agreement and Mr. Fulford requested that the alley be closed. Councilmember Watford made a motion to instruct Attorney Cook to draft an ordinance closi-, lley in Block 214 City of Okeechobee as requested in Alley Application No. 6 and have it ready for first reading at the next regular meeting April 7, 1992); seconded by Councilmember Walker. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Myrrh 17. 1992 - RPaular Meeting - Paae 12 of 13 VOTE H. NEW BUSINESS C OUNCILMEMBERS ACTION VES NO fERNT Councilmember Watford asked for this item to be brought before 4. Discuss the Interlocal Agreement for Solid Waste with the County - the Council since there was an article in a recent Okeechobee News Councilmember Watford that indicated there was no interlocal agreement approved, (Exhibit 7). alluding to the fact that we never had approved the interlocal agreement with the County. I do not even know if we need one or not. Do we need even to consider one or does the County still want or need one? Councilmember Collins, directing his comments to Councilmember Watford, stated he was under the impression from talking to people from the County that they are not even in the garbage business anymore. They originally wanted the agreement for a revenue base. Councilmember Watford asked if we could ask the County if they still want or need a solid waste interlocal agreement? Mayor Kirk commented that we did have one that we worked out and they turned down after working it out. We backed it in good faith and we attempted to do this once. One of the biggest stumbling blocks was the fact that either party could end it in thirty days. But, I am of the opinion that they are not in the garbage business anymore so we really do not need an interlocal agreement with them. And to be accurate as I can, at our meeting, when we did have it, and we drew up one, that was said in the discussion and we wrote an interlocal that was not real strong because we said the County may not own the landfill very long. And I think that the comment was made that that was true and if the County does not own it they will not need an interlocal and I think that is how we left the room that day. Discussion ensued, Council instructed Administrator Dra o to ask the County if they need or want a Solid Waste Interlocal Agreement. 5. Discuss the L.P. Sanitation Councilmember Collins made a motion that we proceed with the Franchise Agreement - Council assumption we have the right to reject any extension of the Waste member Collins. Pick -Up Contract (Franchise) with L.P. Sanitation and take the necessary steps to go to bid right away on the Waste Pick -Up Contract; seconded by Councilmember Walker for discussion. March 17. 1992 - Regular Meeting - Page 13 of 13 v VOTE H. NEW BUSINESS COUNCYLMEMBERS ACTION YES NO NT 5. Continued . . . Following lengthy discussion among Council and staff, Attorney Cook recommended that the Council not take any action at the meeting tonight but allow him enough time to research Florida Statutes concerning a legal proceeding to have a Judge determine the language in the contract without having to enter into a law suit. Motion by Councilmembers Collins and Walker was withdrawn. Discussion ensued, then Councilmember Collins made a motion to instruct Attorney Cook to research Florida Statutes on Declaratory Judgements to see if it is feasible for the Citv to consider that type of law suit and give an answer at the next regular meeting; seconded by Councilmember Walker KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 9:03 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 IN- CLUDES THE TESTIMONY AND EVIDENCE AfPON' THE APPEAL�J ASED. es E. Kirk, Mayor Attest - Bonnie S. Thomas, CMC, City Clerk-.: