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1992-05-19 Regular Meetingof O 0* OKEEC � tiO �OR%O�,1 A. Call meeting to order. 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 MAY 19, 1992 - 7:00 P.M. SUMMARY OF COUNCIL ACTION B. Invocation offered by Rev. Joe Bishop; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James "Jim" Kirk Councilmember R.R. "Nick" Collins Councilmember Danny Entry Councilmember Jerry E. Walker Councilman Dowling R. Watford, Jr. Staff attendance: Attorney John R. Cook Administrator John J. Drago Clerk Bonnie S. Thomas Deputy Clerk S. Lane Earnest D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of May 5, 1992. COUNCILMEMBERS ACTION Mayor Kirk called the meeting to order at 7:00 P.M. Invocation offered by Reverend Jensen; Mayor Kirk led the Pledge of Allegiance. Present Present Present Absent Present Present Present Present Present 0 Paae 1 of Councilmember Collins made a motion to dispense with reading and approve the Summary of Council Action for the regular meeting of May 5, 1992; seconded by Councilmember Entry. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. VOTE YES 1 NO E IX W IKI May 19 1992 - Regular Meetin - Pa e 2 of 15 COUNCILMEMBERS ACTION VOTE YES E. Motion to approve warrant registers for Councilmember Watford made a motion to approve the Warrant April, 1992: Registers for April, '1992 in the amounts of, General Fund - nine hundred six thousand one hundred sixty-eight dollars and eighty - General Fund ....... $ 906,168.84 four cents and Public Utilities - two million six hundred ninety - Public Utilities ... $2,696,137.05 six thousand one hundred thirty -seventy dollars and five cents; seconded by Councilmember Collins. Councilmember Watford inquired about the improvements to City Hall, the Police Department and the Utilities Department. Are we fairly close to finishing or are we going to be continuing that work? Administrator Drago commented that in the City Hall the carpet down stairs needs to be replaced. We will take bids on that. The insurance company wants the carpet replaced because of the wrinkles; in the Police Department the Chief needs additional space and it is a possibility that another room will be enlarged to create a locker room to give more space in the squad room. The modifications to the building down at the water plant was in the budget so that project has begun. Administrator Drago further informed that there is not that much s° more in the Police Department. The Chief wants to paint some of the rooms. They moved some offices and they need to be painted. N, The only major work is the rearranging of that locker room into another area. I cannot give you an idea of time. I would not think it would take more than a week if he worked on it full time. Councilmember Watford also questioned expenses incurred prior . to hiring the law firm for the Sharp Lawsuit. Attorney Cook explained that we did that work contingent upon ' the Council authorizing retaining that firm. If the Council had not authorized retaining that firm we would not have paid them a dime. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 110,,., ,1 Mea+inn _ Dano i of 1q F. I"IU J• 1 J � 1 JJL - .�M � - - - - COUNCILMFMBFRS ACTION VOTB YES NO ST FOR THE ADDITION, DEFERRAL 08 RAWAL OF ITEMS ON TODAY'S AGENDA. None. OPEN PUBLIC HEARING FOR ORDINANCE Mayor Kirk opened the Public Hearing at 7:03 P.M. ADOPTION 1 a. Motion to read by title only, Councilmember Entry made a motion to ready by title only, Ordinance 644 - City Attorney Ordinance No. 644; seconded by Councilmember Collins (Application (Exhibit 1). No. 37 - First Baptist Church of Okeechobee). KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance No. 644 by title only as follows: "AN ORDINANCE CLOSING AND VACATING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 187, CITY OF OKEECHOBEE; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; PROVIDING AN EFFECTIVE." 1 b. Motion to adopt Ordinance 644. Councilmember Collins made a motion to adopt Ordinance 644; seconded by Councilmember Entry. Councilmember Watford, Madam Clerk would you remind us where this is please. Clerk Thomas, immediately behind the First Baptist Church (401 Southwest 4th Street). Councilmember Watford, added that there are unique circumstances; they do own the whole block. Clerk Thomas informed Council that yes they own the whole block. We sent out thirty-two letters all green receipt cards were returned signed. No objections noted. May 19, 1992 - Regular Meeting - Page 4 of 15 COUNCILMFMB6RS ACTION VOTE YES 'NO KE F. PUBLIC HEARING FOR ORDINANCE ADOPTION 1 c. Comments from Public. Mayor Kirk asked if there were any comments from the public for or against the closing. There were no comments. 1 d. Vote on motion. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 2 a. Motion to read by title only, Councilmember Watford made a motion to read by title only, Ordinance 645 - City Attorney Ordinance No. 645; seconded by Councilmember Entry. (Exhibit 2). Attorney Cook read Ordinance No. 645 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA MENDING THE ^t FUTURE LAND USE ELEMENT, THE SANITARY SEWER, SOLID WASTE, DRAINAGE, PORTABLE WATER AND NATURAL GROUNDWATER RECHARGE ELEMENT AND THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF OKEECHOBEE WHICH CONTROLS FUTURE LAND USE, GUIDES PUBLIC FACILITIES, AND PROTECTS NATURAL RESOURCES PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT (CHAPTER 163, PART II, FLORIDA STATUTES); PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE." 2 b. Motion to adopt Ordinance 645. Councilmember Collins made a motion to adopt Ordinance No. 645; seconded by Councilmember Entry. 2 c. Discussion with Mr. Morell. Attorney Mike Morel 1, special counsel for the City appeared before the Council and explained, there were three things he wanted to accomplish tonight: 1) Give you a thumb nail sketch of what happens after you adopt the ordinance tonight; Mav 19. 1992 - Reaular Meetinq - Page 5 of 15 F. PUBLIC HEARING FOR ORDINANCE ADOPTION CUUNC,ILMFMBFRS ACTION VOTE VES NO 2 c. Mr. Morell continued: 2) Summarize a few of the important roles which former Secretary William Sadowski played in reaching this agreement which you are finalizing tonight with the adoption of the amendments to the Plan; 3) Answer any questions that you may have. First of all, after you adopt the ordinance tonight we will transmit it to the Department of Community Affairs by next week and they will have a period of time in which to review the ordinance, but since they have already agreed to the language they will be in all likelihood approving the ordinance as satisfying the agreement. We will then both go together to the Hearing Officer and ask him to relinquish his jurisdiction which he has of this case and then the case will officially be before the Governor and Cabinet, sitting as the Administration Commission in Tallahassee. At that time both the City and the Department of Community Affairs will ask the Governor and Cabinet to enter an order finding the City's Plan in compliance and you will have the stamp of approval from the State of Florida of a Comprehensive Plan that is in compliance with the Growth Management Law and the proceeding will be over. Also as part of the agreement we hope that the Department of Community Affairs will be sending us a little bit of money to help recoup some of the cost we had. That was part of our agreement. So, we are bringing this matter to a successful conclusion. With regard to Secretary Sadowski, I did want to take an i opportunity to express to the Councilmen how important a role I felt he had in the Growth Management negotiation of this agreement. As you know the Growth Management Act has been criticized by many as a conflict labor process. When Secretary Sadowski came to the program, the program was very controversial especially in smaller rural communities. MAv 19. 1997 - RPaular McPtina - PaaP 6 of 15 F. PUBLIC HEARING FOR ORDINANCE APTION DO C OUNCILMEMBERS ACTION VOTE YES NU 2 c. Mr. Morell continued: Secretary Sadowski devoted his leadership to the Department of Community Affairs to turning around that adverse relationship between Local Government and the States' so that the State and Local Governments could truly partner your relationship in the Growth Management Law. I think the City of Okeechobee process whereby we negotiated the settlement reflects the values that he brought to the program. One of the first policies Secretary Sadowski implemented when he became Secretary was to send a message to the communities that if they felt strongly about an issue that they should know that if they could not come to an agreement with the Department of Community Affairs, they would be able to come to hearing on that issue while the Department of Community Affairs worked to settle in good faith other issues in which the community and State could agree on. And the Secretary felt there was room for ' disagreement, room for resolution of disagreement as well as settlement. So, what he did was offered a partial settlement policy. The City of Okeechobee was the first community in this State to take him up on his offer. He agreed to let us do that over the objections of some of his staff members. What we agreed to do was negotiate all the compliance agreement issues as a package and submit in good faith solutions to all four of the issues we were concerned about with the State. We did that because the Secretary and we were confident that we would be able to come to a successful resolution and we did. We are pleased to have in the agreement which is embodied in the ordinance a settlement that reflects, a cooperative spirit between State and Local Government in settling Growth Management issues. So, with that point in mind, I was very proud to have represented you and to have worked with the late Secretary in bringing this matter to a successful conclusion. And I am sure that the values that he gave the program and the role that Local Governments have, the increased importance of their role under his leadership, will continue under new Secretary Linda Shelly. Who, by the way, is an attorney who comes out of Growth Management practice for municipalities. May 19. 1992 - Reaular Meeting - Page 7 of 15 F. PUBLIC SEARING FOR ORDINANCE ADOPTION COUNCHMEMBERS ACTION VOTE YES NO k-W 2 c. Mr. Morell continued: Many municipalities throughout the State are very excited to know Linda Shelly, who replaced Secretary Sadowski, has such a strong background in Local Government Growth Management matters. There is a representative of the Department of Community Affairs here, Mr. Randy Fox. We have invited the Department of Community Affairs to be at the proceeding tonight. The law requires that they be here. I am sure that he will want to introduce himself to you and I will be available to answer any questions. Councilmember Watford commented to Attorney Morell, you and I had discussed on the phone a couple of issues that I raised when we first got this agreement and I think that we were in agreement that we should just go ahead and do not rock the boat. I am assuming, from what I read here that is what we have done? In other words we have not changed anything? Attorney Morell explained we have not changed anything. The agreement provided that we could make changes that were ^? substantially similar to the agreement. There is the minoris of �w editorial changes. Which were put into the agreement after I discussed them with Mr. Kenock at the Department of Community Affairs which I am confident is really an editorial change in the way I said something and he concurred in it. I •do not expect that that would be any problem with that particular editorial change. It is in effect the same agreement 2 d. Discussion with the Department Mr. Fox introduced himself to Council stating he is a of'Community Affairs representative of the Florida Department of Community Affairs and I appreciate you inviting me to your hearing to adopt the amendment to your Comprehensive Plan. I wish I had had a chance to visit your City earlier and then we probably could have avoided a lot of this Stipulated Settlement Agreement, about eight or nine months of this process. I am not authorized to make any policy changes at this time. I am only here to provide some assistance or answer any questions that you may have. The final decision to compliance will be up to Secretary Shelly, however, I am sure she will honor Secretary Sadowski's agreement between you and the Department of Community Affairs. I am sure _ there will be no problem. 1 May 19, 1992 - Regular Meeting - Page 8 of 15 F. PUBLIC HEARING FOR ORDINANCE ADOPTION cOUNCILMEMBERS ACTION VOTE YES The Department of Community Affairs will have sixty days to i 2 d. Department of Community Affairs continued: review the adopted amendment and issue their notice of compliance. We look forward to having the Plan in compliance. Councilmember Watford asked whether, technically, is the plan already in effect except these amendments? Mr. Fox commented that the plan is in effect now. The Future Land Use Map and whatever policies that are adopted now are in effect. It will be in compliance with State Law after the Secretary makes her final decision which will be in approximately sixty days. Councilmember Watford questioned then so in approximately sixty days, then the entire plan will be in compliance? Mr. Fox advised that yes, then twenty-one days after that you can be assured that you will not have any intervention because they have twenty-one days with which they could intervene although I am sure you would have known if someone was going to -, do that. 2 e. Comments from Public. Mayor Kirk asked for questions and comments from the public. Citizen Rucker Wilcox asked the Council a few questions and was informed his questions were not relative 'the subject that was on the floor for discussion at that time. There were no further comments from the public. 2 f. Vote on motion. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Mav 19. 1992 - Regular Meeting - Page 9 of 15 LOUNCILMEMBERS ACTION VOTE YES NO F. PUBLIC HEARING FOR ORDINANCE ADOPTION 3. Motion to have the City Administrator Councilmember Watford made a motion that the City Administrator transmit the agreed upon revision to be instructed to transmit the (agreed upon) revisions (to the the Plan's Data and Analysis document (Plan's Data and Analysis document) to the Central Florida to the Central Florida Regional Regional Planning Council to be included in the appropriate Planning Council to be included in a document (revised Plan Data and Analysis); seconded by Council revised Plan Data and Analysis member Collins. document - City Administrator. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. CLOSE PUBLIC HEARING q Mayor Kirk closed the public hearing at 7:30 P.M. G. NEW BUSINESS 1. Motion to approve Mr, James Murphy Councilmember Watford made a motion to approve Mr. James Murphy as a new Utilities Mechanic - as a new Utilities Mechanic; seconded by Councilmember Entry. Director of Public Utilities Following brief discussion vote is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 2. Motion to grant permission to Mr. Councilmember Entry made a motion to grant permission to Mr. Ervin Ervin Rucks to use an alley on Rucks to use an alley on Northwest 13th Street between Northwest Northwest 13th Street between 9th and loth Avenue (Alley in Blocks 8 and 9 City of Okeechobee Northwest 9th and loth Avenues - and Northwest 13th Street, from Northwest 9th Avenue west to loth City Administrator (Exhibit 3). Avenue); seconded by Councilmember Collins. May 19, 1992 - Reqular Meetinq - Page 10 of 15 G. NEW BUSINESS COUNCILMEMBERS ACTION VOTE J&W YES NO 2. Mr. Rucks continued: Following brief discussion vote is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 3. Motion to award an engineering Councilmember Watford made a motion to award the engineering services contract to Knepper and Willard in contract to Knepper and Willard in the amount of nine thousand the amount of $9,800.00 eight hundred dollars to relocate the lift station on Northeast to relocate a lift station on 6th Avenue; seconded by Councilmember Collins. Northeast 6th Avenue - Director of Public Utilities (Exhibit 4). Councilmember Watford asked if we did not have to go through the Consultants Competitive Negotiations Act on this; it seems like it is over the amount isn't it? -w Attorney Cook, the amount is ten thousand dollars. Councilmember Watford questioned isn't that kind of high? Nine thousand eight hundred dollars for engineering just to move a lift station? The lift station is already there, right? Administrator Drago explained that a new one has to be constructed from scratch. The old one has to be abandoned and the new one has to be located based upon the Master 'Plan (for wastewater) which, Knepper and Willard have done the Master Plan (for Wastewater), so they have the hydraulics of the system. They know the location where it should be done and they designed ' the plans and specifications. They have to get it permitted through the Department of Environmental Regulation and the other processes that it goes through. I wish it was just as easy for them to draw it on a piece of paper and send it out to bid, but when you got to go through regulatory meetings and explain it to them why you need to have it done and then they are trying to defend their positions and they stretch things out sixty and ninety days, time is money. G. NEW BUSINESS 3. Knepper and Willard continued: 4. Presentation of the Conceptual Downtown and Park Improvement Plan - Mr. Bob Finnegan. May 19, 1992 - Regular Meeting - Page 11 of 15 COUNCILMEMSERS ACTION Councilmember Watford questioned further that Knepper and Willard, since they have done the majority of our wastewater work for the last few years, they would be the most qualified? Administrator Drago, yes. Mayor Kirk commented I would assume so. After further discussion on cost and the possibility of local engineering services in the future Council voted on the motion as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Administrator Drago stated that he would like to take this opportunity to thank the Barnett Bank for funding half of the cost of the Conceptual Downtown and Park Improvement Plan project that Mr. Finnegan did. Mr. Finnegan has had some meetings with the Barnett Bank, City representatives, Veterans organization and the Hamrick Estate Trustees to go over his plan and there has been some changes made and this is the plan that seems to be agreeable to the people that met. I wanted the Council to take a look at it and if you have any changes, Mr. Finneg&d can make them, if not we can start little by little working on it. Mr. Robert Finnegan commented that I am a partner and principal in Ranon, Oural, Finnegan & Associates. We are a land planning, landscape, architectural engineering firm located in Tampa, Florida. Several months back we began working with Mr. Drago on developing some ideas that could be utilized for improving the appearance and function of the downtown park area of the City. In doing so, we have over the course of this period of time, met with various interested parties. One party being some of the merchants that are located along the park -mall area. And some interested people with the Veterans organization and others. The plan is by no means cast in concrete, it is subject to change and I would emphasis it is a preliminary plan. VOTE YES I NO X X X G. NEW BUSINESS 4. Mr. Bob Finnegan continued: May 19, 1992 - Regular Meeting - Page 12 of 15 COUNCILMEMBERS ACTION Mr. Finnegan presentation to the Council included each of the FLAGLER PARKS, a plan for lighting and a median throughout an area of Southwest Park Street. Drawings of the plan were shown and explained in detail. There was a lengthy discussion among Council, Mr. Finnegan and citizens present concerning the aesthetics, function, proposed parking and the traffic noise on State Road 70. As a result of the discussions Mr. Finnegan will omit part of the package plan by changing the proposed parallel parking on the North side of Southwest Park Street back to angle parking; and delete the proposed median strips from the plan. Council concurred that the rest of the proposal appeared feasible depending on available funding. Mr. Lee Evert, a representative of the Veterans explained to Mayor Kirk and Council that the Veterans had started a campaign to replace the flag pole in the Memorial Park and that when the City starts to address that park to get in touch with the Veterans and they would be able to help donate money to improve that park. Administrator Drago explained to those present that the intent of the park improvement plan was to have a road map for the future on where to go. Some grant monies are available, but limited as far as dollar amounts. There is a mechanism that the City could use to fund the transportation related impfrovement, for example, the streets, street lighting and those types of things. The Veterans organizations are excited about the design and we would want to see if there was some kind of partnership that could be formed between the City and the Veterans organization to raise the funds. The County could be responsible for their portion of it, if they like the design. And then if other funding mechanisms become available in the future then the Council could address which parks they would like to see done next. VOTE YES t NU May 19, 1992 - Regular Meeting - P VOTE COUNCILMEMBERS ACTION YES W G. NEW BUSINESS I 4. Mr. Bob Finnegan continued: 5. Hear from Ms. Verna Bailey - Ms. Verna Bailey (Exhibit 5). The intent of this presentation was not necessarily to bolt into phase two, but just to show you what could be done to improve it. As far as the work that would be proposed along Southwest Park Street store fronts is concerned, that has to be the responsibility of the property owners to say that they want to improve those buildings with some theme to make it an attractive area in the community for people to develop businesses and maintain them. Even though Mr. Finnegan knows that you want the median strips taken out and no parallel parking, I do not see that as a necessity for him to graphically do it unless we are ready to go on to phase two. Mayor Kirk and Council thanked Mr. finnegan for his proposal. Mayor Kirk recessed the meeting at 8:26 P.M. and reconvened the meeting at 8:32 P.M. Ms. Verna Bailey appeared before the Council expressing her concerns for citizens in the community who receive social security checks to pay their bills and are charged a late fee because they could not pay their bill until the Social Security check was received. She further requested that the Council amend their present ordinance which waives the late charge for people over sixty-five to include people who draw Social Security. That ordinance states: "Sec. 18-6. Delinquency penalty. ....this penalty may be waived for any residence of a customer who is sixty-five (65) years of age or older provided proof of age is furnished to public utility department." Council instructed Attorney Cook to research the legality on Ms. Baile s re nest and give Council some alternatives they could choose from if the Council decided to amend the ordinance. s. Bailey also requested, referring back to the discussion at the previous meeting concerning her deposit upgrade, that her eter be taken out, at no charge to her since the City would still be billing her for a availability charge and debt service. 19. 1992 - Regular Meeting - VOTE G. NEV BUSINESS COUNC I LMEMBE RS ACTION I YES [ W 5. Ms. Verna Bailey continued: 6. Hear from Mr. Marvin Wheeler - Mr. Marvin Wheeler (Exhibit 6). It was explained to Ms. Bailey that by City ordinance, as long as the property is not abandoned and has a residence she must be hooked up to the City water system that is provided. The ordinance states: "Sec. 18-14. Connections required. All buildings and structures inhabited or used and located in the city or within the area served by the water and/or sewer system of the city or where such system is available must be connected with such system by the property owners or the person in charge or responsible for such property....." Before Mr. Wheeler addressed the Council, Mayor Kirk requested that in the future when Mr. Wheeler wished to address the Council that he be more specific in his letter as to what the topics are going to be that he would like to discuss with the Council in order to allow the Council to know what is going to be brought up. Mr. Wheeler argued that he would not be specific in his letters. Mayor Kirk explained to Mr. Wheeler that according to procedures if Mr. Wheeler wants to address this Council in the future he must be specific about which items he wishes to discuss or the meeting would be adjourned and Mr. Wheeler would not be allowed to address the Council until he follows proper procedures. Mr. Wheeler asked questions on the following matters: a) Building and Zoning Department Meeting Status. What the status was on the City/County meeting concerning the Building and Zoning Department? Attorney Cook answered that he spoke with County officials to let them know his schedule was free whenever they wanted to meet. Last Thursday we were supposed to meet, however, due to County Attorney Cassels' schedule we could not. We have a tentative date for Thursday or Friday of this week, if not, it may be next week. ..n n___ I _ KA--.§-4. _ D­ 1q. of 1; mav ly. 177L — Kte14Uiar 1ICC6111- u t COUNCILMEMBERS ACTION VOTE VES NO G. NEW BUSINESS 6. Mr. Marvin Wheeler continued: b) Correction from May 5, 1991 Meeting. Mr. Wheeler further commented that at the last meeting he stated some wrong figures. He quoted six thousand dollars instead of three thousand dollars on the pay raises and he wanted to correct himself on that issue. Mr. Wheeler continued that he would come back to the next meeting to see if the City/County meeting had been held and what was discussed. ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 9:04 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 UPON WHI APPEAL IS BASED. Jam E. Kirk, Mayor Attes Bonnie S. Thomas, CMC, City Clerk