Loading...
1998-05-19 Regular MeetingCITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: May 19, 1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Richard Gillen of Faith Presbyterian Church; Pledge of Allegiance led by Mayor, III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr, City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. Mayor Kirk called the May 19, 1998 Regular City Council Meeting to order at 6:05 p.m. Reverend Gillen of the Faith Presbyterian Church offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 7 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of May 5,1998. Regular Meeting of May 5,1998; seconded by Council Member Markham. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 5� MAY 19,1998 - REGULAR MEETING - PAGE 2 OF 7 V. WARRANT REGISTER - City Administrator. A. Motion to approve the April 1998 Warrant Register, General Fund Council Member Watford moved to approve the April 1998 Warrant Register, in the amounts: General Fund one million $1,087,170.63; Community Development Block Grant Fund eighty-seven thousand, one hundred seventy dollars, sixty-three cents ($1,087,170.63); Community Development Block $180,090.37 and Public Facility Improvement Fund $7,529.11. Grant Fund one hundred eighty thousand, ninety dollars, thirty-seven cents ($180,090.37) and Public Facility Improvement Fund seven thousand, five hundred twenty-nine dollars, eleven cents ($7,529.11); seconded by Council Member Oliver. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. today's agenda. Mayor Kirk added new business item "G" to temporarily close a portion of Southwest 2nd Avenue for the Memorial Day Activities. VII. PRESENTATION OF PROCLAMATIONS- Mayor. A. Proclaim June 1st as "Stand for Children Day" and present Mayor Kirk read the following proclamation and presented it to Vicki Pierre: "WHEREAS, June 1,1998, Americans from Proclamation to a Healthy Start Coalition Representative. all backgrounds will come together in their communities to take a Stand for Children and renew their community's commitment to improving the quality of our children's lives; and WHEREAS, on "Stand for Children Day" and beyond, families, citizens, members of religious congregations, schools, community -based organizations, businesses and political and cultural groups will join together as a local and national community to recognize our children's unmet needs and rededicate ourselves to addressing them; and WHEREAS, caring for our children must be our families', community's and nation's first priority; and WHEREAS, this commitment must begin at the local level, where children and families live and work and have the potential to thrive, and where all citizens, working together, can make a difference in our children's lives. NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby proclaim June 1,1998 as "STAND FOR CHILDREN DAY" in Okeechobee and urge all citizens to support this day by partaking in local activities and by dedicating ourselves to the task of improving the quality of life for all our children from this day forward." MAY 19,1998 - REGULAR MEETING - PAGE 3 of 7 537 4 Mi. PRESENTATION OF PROCLAMATIONS CONTINUED. B. Proclaim May through November 1998 as "Show Your Colors, America!" and present Proclamation to an American Legion Representative. VIII. UNFINISHED BUSINESS. A. Discuss curfew Ordinance - City Attorney (Exhibit 1). Mayor Kirk read the following proclamation and presented it to Commander Richard Erpenback: "WHEREAS, the U.S. Flag is the one symbol in America that represents the values, diversity, freedom, democracy and sacrifices of the greatest nation on earth; and WHEREAS, willful desecration of this cherished symbol is not free speech, rather it is a defiant act of hatred, repugnant to every American who cherishes all that America stands for; and WHEREAS, the right of "We the People" to protect our flag was struck down by a misguided 1989 Supreme Court decision, leaving no choice but to establish an amendment to the U.S. Constitution returning a right to the people that existed for more than 200 years; and WHEREAS, our state legislature passed a supporting resolution calling for Congress to pass the amendment and return it to us for ratification; NOW THEREFORE, I, James E. Kirks, Mayor of the City of Okeechobee, do hereby proclaim May through November 1998 as "SHOW YOUR COLORS, AMERICA!" Months and urge every citizen in our city to fly the U.S. Flag from Memorial Day to Veterans Day or until the U.S. Senate votes to return to the people our right to protect our flag" Attorney Cook sent the Council copies of two curfew ordinances, one from Orlando, and the other from Freeport, Texas. Council Member Oliver distributed two ordinances he obtained from Ft. Pierce and Vero Beach. Attorney Cook advised that in the research he has completed to date, ordinances challenged in a court of law failed because they were vague or violated the first amendment Orlando's ordinance is geared to a specific small part of their city and they had reports and statistics on criminal activity to back up their enforcement of the curfew ordinance. The Council agreed that this issue should be studied slowly and carefully. As much research as possible needs to be done to see what cities have a curfew ordinance and who has been challenged. Police Chief Farrenkopf was instructed to begin gathering statistics for the Council. A starting point will be to develop what age, time, fines, and what to do with the juveniles if they are picked up. The Council requested thatAttomey Cook continue to pursue this and that it remain on the agenda to receive progress reports. The Council also asked if the County had been contacted on this. Administrator Bradshaw stated they were contacted and are receptive to the idea and are waiting for the City to present something to them. B. Discuss repair estimate for generator - Council Member Chandler. Council Member Chandler advised that based on the information he and Fire Chief Tomey found it would be in the best interest of the City to sell the hundred -kilowatt generator and purchase a different one. The Council agreed. Administrator Bradshaw is to work something up and forward it to the City Clerk's Office for advertising. 538 MAY 19,1998 - REGULAR MEETING - PAGE 4 OF 7 IX. NEW BUSINESS. A. Discuss adoption of the Land Development Regulations - Council Council Member Markham requested that the City get back on track with adopting the City's Land Development Member Markham (Exhibit 2). Regulations. In December of 1996 the City re -adopted the old zoning book (to be used during the interim). The proposed LDR's have been reviewed by the Council and the Citizens' Advisory Committee. The Council instructed the Building Department Staff to review the LDR's to give their input the last time it was brought before them for discussion. The Council agreed that each member should review their copy of the proposed LDR's they received in their packets and note any area's they have questions. At the next meeting Council will set an LDR workshop with the Building Department Staff, The City Clerk's Office has a list of area's that need amending and will get this out to the Council. B. Discuss signage agreement concerning Village Square - City Attorney Cook advised that he has not heard from Janice Brown's attorney concerning the proposal he sent them and Attorney. 11 requested this item not be discussed until that response is received. The Council agreed. C. Discuss the Franchise Agreement renewal for cable television - Attorney Cook updated the Council on two issues concerning the franchise cable agreement. The first item is that City Attorney. according to Chapter 47, US Code, Cable Franchises, a City or the Cable Company can initiate proceedings three years in advance. The City has received a letter from the Cable Company that if we choose to do this now is the time to start and we have six months to accomplish it A public hearing will need to be held to give the public an opportunity to state how they feel about the quality of the company, any improvements they would like to see, etc. The Council also has the right to purchase it, but the Attorney advised against that direction. The second issue is Adelphia is assuming ownership of Time Warner's lake area". The assumption will require Council approval and should be on the July agenda. D. Discuss a Florida Main Street Resolution - City Attorney. Attorney Cook advised that one component of the City's Florida Main Street application is to adopt a Resolution concerning the support of the State Program. He distributed copies of a proposed Resolution and requested Council adopt it Council Member Watford moved to adopt (proposed) Resolution No. 98-5; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 98-5 by title only as follows: "A Resolution of the City of Okeechobee, Florida authorizing participation in the "Florida Main Street" Program; Agreeing to support the Local Main Street Program and Participate in its activities; and Providing for an Effective Date". MAY 19,1998 - REGULAR MEETING - PAGE 5 OF 7539 4 IX. NEW BUSINESS CONTINUED. E. Discuss a Florida Main Street Resolution continued. III There being no further discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Discuss June and July Meetings - City Clerk (Exhibit 3). Clerk Thomas advised the Council that due to vacations, graduation and other meeting date conflicts, she needed Council's direction of when to hold the meetings for June and July. After a brief discussion, the Council agreed to schedule one meeting in June for the 9th at 6:00 p.m. and one in July on the 14th at 6:00 p.m. F. 1. a) Motion to read by title only and set a public hearing date Council Member Watford moved to read by title only and set a public hearing date for June 9, 1998, proposed for proposed Ordinance No. 714 amending the City Ordinance No. 714 amending the City General Employee's and OUA Employee's Retirement System; seconded by General Employee's and OUA Employee's Retirement Council Member Markham. System - Pension Board Chairman and Finance Liaison (Exhibit 4). 11 F. 1. b) Vote on motion. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. F. 1. c) City Attorney to read proposed Ordinance No. 714 by title Attorney Cook read proposed Ordinance No. 714 by title only as follows: "An Ordinance of the City of Okeechobee, only. Florida amending and restating the City of Okeechobee General Employee's and Okeechobee Utility Authority Employee's Retirement System; Providing for Severability of Provisions; Repealing all Ordinances in Conflict herewith and Providing an Effective Date." 540 MAY 19,1998 - REGULAR MEETING - PAGE 6 OF 7 IX. NEW BUSINESS CONTINUED. F 2. a) Motion to approve the first reading of proposed Ordinance No. 714. F. 2. b) Discussion. F. 2. c) Vote on motion. G. Motion to temporarily close Southwest 2nd Avenue between North and South Park Streets on May 25,1998 from 6:00 to 9:00 p.m. for the Memorial Day Program - Administrative Secretary Williams (Exhibit 5). Council Member Chandler moved to approve the first reading of proposed Ordinance No. 714; seconded by Council Member Markham. This proposed ordinance includes all the changes necessary to update the General employee's and OUA employee's Pension Plan as required by law. It also includes a request for two benefit improvements. The first one is that normal retirements be changed from thirty years to twenty-five years of service. The other is the benefit accrual rate, or multiplier, changed from 2 percent to 2.25 percent The increase in the multiplier would increase the City's contribution to the Plan by ten thousand, three hundred thirty-four dollars ($10,334.00) annually. The employee's currently contribute 6 percent of their salary. Following a lengthy discussion, Council requested Clerk Thomas research to find when the last change was to this Pension Plan They also requested Pension Chairman L.C. Fortner prepare a break down of next ten years, employees, age and salary, to get a better picture of how many employees' this would affect. Mr. Fortner also offered another option would be to structure the ordinance so that any employee hired after this ordinance goes into effect, could retire after twenty-five years, however, they could not draw on their retirement until they reach the age of fifty-five. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Markham moved to temporarily close Southwest 2nd Avenue between North and South Park Streets on May 25,1998 from 6:00 to 9:00 p.m. for the Memorial Day Program; seconded by Council Member Oliver. Police Chief Farrenkopf stated he did not have any objections, there being no further discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. MAY 19,1998 - REGULAR MEETING - PAGE 7 OF 7 541 X. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. -a ez�& JAMES E. KIRK, MAYOR ATTEST: BONNIE S.`THOMAS, CMC, CITY CLERK There being no further items on the agenda, Mayor Kirk adjourned the May 19,1998 meeting at 730 p.m.