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1998-11-03 Regular Meeting1.0 !'� 0* OK;ECyO z . OA,O*�/�� ii'e'//-4 I. CALL TO ORDER: - Mayor: November 3,1998, City Council Regular Meeting, 6:00 p.m. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation offered by Reverend Richard Gillen Pledge of Allegiance led by Mayor Kirk. 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. PAGE 1 OF 6 --A Mayor pro-tempore Watford called the November 3, 1998 Regular City Council Meeting to order at 6:02 p.m. Reverend Gillen of the Faith Presbyterian Church offered the invocation; Mayor pro-tempore Watford led the pledge of allegiance. Clerk Thomas called the roll: Absent Present Present Present Present ( Mayor pro-tempore) Present Present Present Present 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 October 20,1998. Regular Meeting of October 20,1998; seconded by Council Member Markham. There being no discussion on this item, the vote was as follows: KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. NOVEMBER 3,1998 - REGULAR MEETING - PAGE 2 OF 6 V. AGENDA -Mayor. A, Requests for the addition, deferral or withdrawal of items on today's agenda. VI. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Distinguished Service Awards to Okeechobee City Firefighters from the Governor of the State of Florida and read into the record a Resolution from Brevard County Commissioners. B. Proclaim November as American Diabetes Month. Mayor pro -tern Watford asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda. There were none. Mayor pro-tem Watford read the following Resolution adopted by Brevard County Board of County Commissioners: "WHEREAS, Brevard County and the State of Florida are experiencing extraordinary drought conditions, and there is a continuing threat to the health and safety of Brevard County residents due to recurhng wildfires; and WHEREAS, the task of controlling and extinguishing these wildfires greatly exceeds the resources and capabilities of any one fire suppression agency; and WHEREAS, there has been exemplary cooperation and support from fire suppression agencies around the Nation, State, and County; and WHEREAS, all of the firefighters responding to this dangerous and emergency situation have demonstrated extraordinary courage, dedication, and stamina. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, does hereby commend and express its most sincere appreciation for the efforts and dedication of the personnel of the Federal Emergency Management Agency, the State Division of Forestry, Brevard County fire rescue, Brevard County Emergency Management, Brevard County Sheriffs Office, the Red Cross, Brevard Amateur Radio Services, Brevard County Road and Bridge, Mosquito Control, Central Fleet, Animal Control, Water Resources, and all employee and civilian volunteers at the Emergency and Fire operation Centers, the Municipal Fire Departments, the Volunteer Firefighting Departments, and all those firefighters from other counties and states who have traveled to Florida and Brevard County to offer their assistance and support in fighting these wildfires working around the clock, seven days a week. Done, Ordered and Adopted, in regular session, this 7" day of July, 1998." Mayor pro-tem Watford also presented Ribbons and Certificates signed by Governor Childes for Distinguished Service to Firefighers Claris, Conroy, Hodges, Fusco, Lt. Smith and Volunteer Weeks. Not present but also receiving a Ribbon and Certificate for Distinguished Service was Firefighter Stokes. Mayor pro-tem Watford read the following proclamation and presented it to Mr. Steve Nelson: "WHEREAS, pharmacy is one of the oldest of the health professions concerned with the health and well-being of all people; and WHEREAS, today there are over 195,000 pharmacists practicing in the United States providing services to assure the rational and safe use of all medications; and WHEREAS, there are 15.7 million people in the United States who have diabetes; and WHEREAS, people with diabetes can reduce the risk for complications if they are educated about their disease; and WHEREAS, pharmacists are trained to provide vital counseling and educational services to patients with the disease; and WHEREAS, the pharmacist is the most accessible health care professional, NOW THEREFORE, I, Dowling R. Watford, Jr., Mayor pro -tern of the City of Okeechobee do hereby proclaim November, 1998 as American Diabetes Month and urge all citizens to acknowledge the valuable services of pharmacists who care for citizens with diabetes." 6WNOVEMBER 3,1998 - REGULAR MEETING - PAGE 3 OF 6 VI. PRESENTATIONS AND PROCLAMATIONS CONTINUED. C. Proclaim November as National Epilepsy Awareness Month. No one was present to receive the proclamation for National Epilepsy Awareness Month therefore Mayor pro-tem presented it to Clerk Thomas to forward to the appropriate organization. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 Mayor pro-tem Watford opened the public hearing at 6:12 p.m. A.1. a) Motion to read by title only proposed Ordinance No. 722 adopting Council Member Oliver moved to read by titre only proposed Ordinance No. 722 adopting Rezoning Petition No. 98-002- Rezoning Petition No. 98-002-R, Lots 7 to 12 in Block 169 of the R, Lots 7 to 12 in Block 169 of the City of Okeechobee Subdivision from Commercial Business District to Commercial; City of Okeechobee Subdivision from Commercial Business District seconded by Council Member Chandler. Council Member Markham advised he would be abstaining from voting on this to Commercial - City Attorney (Exhibit 1). matter. b) Vote on motion to read by title. KIRK - ABSENT CHANDLER - YES MARKHAM - ABSTAINED OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 722 by title only. Attorney Cook read proposed Ordinance No. 722 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF (THE CITY OF) OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CCBD, CENTRAL BUSINESS DISTRICT COMMERCIAL (COMMERCIAL CENTRAL BUSINESS DISTRICT), TO C, COMMERCIAL DISTRICTS, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 722. 111 Council Member Oliver moved to adopt proposed Ordinance No. 722; seconded by Council Member Chandler. b) Discussion. No questions or comments were presented from the public nor from the Council on this matter. c) Vote On motion. KIRK - ABSENT CHANDLER - YES MARKHAM - ABSTAINED OLIVER - YES WATFORD - YES MOTION CARRIED. NOVEMBER 3, 1998 - REGULAR MEETING - PAGE 4 OF 6 (PZI CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. "a-. Mayor pro-tem Watford closed the public hearing at 6:14 p.m. A. Motion to adopt an Addendum to an Employment Contract between III Council Member Oliver moved to adopt an Addendum to an Employment Contract between the City and Robert J. the City and Robert J. Bradshaw - City Attorney (Exhibit 2). Bradshaw; seconded by Council Member Markham. Attorney Cook questioned the intent of Council concerning paragraph 3 of the contract whether the country club membership expense was the total benefit expense or were there other expenses involved with the membership that the city was obligating itself to pay? Administrator Bradshaw stated it is just for the annual membership only, nothing else. Attorney Cook commented concerning paragraph 4 of the contract which stipulates the actual beginning date of the two year contract being October 1, 1998. Council members commented further that the beginning date of this two year contract is to coincide with the beginning fiscal (budget) year which was October 1,1998 and ending September 30, 2000. KIRK - ABSENT CHANDLER - YES" MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B.1. a) Motion to read by title only and set November 17,1998 as a public Council Member Oliver moved to read by title only and set November 17,1998 as a public hearing date for proposed hearing date for proposed Ordinance No. 723 revising nuisance Ordinance No. 723 revising nuisance regulations in Chapter 8 of the Code of Ordinances; seconded by Council Member regulations in Chapter 8 of the Code of Ordinances - City Attorney Markham. (Exhibit 3). b) Vote on motion to read by title and set public hearing. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 44zz 'NOVEMBER 3,1998 - REGULAR MEETING - PAGE 5 OF 6 VIII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 723 by title only. Attorney Cook read proposed Ordinance No. 723 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 8, CODE OF ORDINANCES, BY RESCINDING SECTION 8.10 THEREOF; DEFINING PUBLIC NUISANCE; PROVIDING FOR ABATEMENT OF NUISANCE; PROVIDING FOR INJUNCTIVE AND EQUITABLE RELIEF; ASSESSING FEES AND COSTS; PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 723. III Council Member Markham. moved to approve the first reading of proposed Ordinance No. 723; seconded by Council Member Oliver. b) Discussion. III No public comments or questions were made. Council Member Chandler commented that he thought this amendment would give the City the "teeth' it was looking for to enable it to enforce this ordinance.. Attorney Cook commented that it still allows citizens the right to appear and appeal; and also provides remedies under F.S. Chapter 162, as well as gives the City more power to correct problem areas through the immediate abatement of nuisance violations. c) Vote on motion to approve the first reading. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C. Motion to approve Change Order No.1 in the amount of $14,432 Council Member Oliver moved to approve Change Order No. 1 in the amount of fourteen thousand, four hundred thirty - for the Downtown Streetscape Project, total project price: two dollars ($14,432) for the Downtown Streetscape Project, total project price: $553,674.00; seconded by Council $553,674.00 - City Administrator (Exhibit 4). 1 Member Markham. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. _-4 64 IX. 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. GL G14�z' -ATTEST:DOWLIN WATFORD, MAYO R-TEMPOR ,r :•TH'OMAS, CIVIC, C-ITY CLERK NOVEMBER 3,1998 - REGULAR MEETING - PAGE 6 OF 6 There being no further items on the agenda, Mayor pro-tem Watford adjourned the regular meeting at 6:27 p.m.