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1998-11-17 Regular Meetingu ..r0 44 4_ �COA10* rrr I. CALL TO ORDER: - Mayor: November 17, 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 J.P. Zeigler; 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. Mayor Kirk called the November 17, 1998 Regular City Council Meeting to order at 6:05 p.m. Council Member Dowling Watford 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 8 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 November 3,1998. 11 Regular Meeting of November 3,1998; 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. NOVEMBER 17,1998 - REGULAR MEETING - PAGE 2 OF 8 425 V. WARRANT REGISTERS - City Administrator. A. Motion to approve the October 1998 Warrant Registers in the Council Member Watford moved to approve the Warrant Registers for October 1998 in the amounts: General Fund one amounts of: General Fund $1,685,473.70 and Public Facilities million, six hundred eighty-five thousand, four hundred seventy-three dollars, seventy cents ($1,685,473.70) and Public Improvement Fund $143,742.19. Facilities Improvement Fund one hundred forty-three thousand, seven hundred forty-two dollars, nineteen cents 11 ($143,742.19); 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 additions, deferrals or withdrawals of items on today's agenda. today's agenda. I New Business Item "F" was withdrawn. VII. PROCLAMATION - Mayor. A. Proclaim November 20 through 26 as Farm -City Week. Mayor Kirk read the following Proclaiming Farm -City Week: "WHEREAS, the prosperity and well-being of this community are dependent upon understanding and cooperation between the two great elements of our society; farmers and non -farm people, and WHEREAS, the complexities of their individual endeavors and the divergence of their activities with decreasing opportunity for interaction could lead to areas of misunderstanding, and WHEREAS, this misunderstanding must be avoided, and each group must understand its interdependency one with the other if our American way of life is to endure, and WHEREAS, Farm -City Week provides an unparalleled opportunity for farm and city people to establish communication to become acquainted, NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby proclaim the period of November 20 through November 26, 1998 to be Farm -City Week; and I do further call upon all citizens of this community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during Farm -City Week." He then presented the proclamation to Donald Jones, Farm Bureau President, who thanked the Council and invited them to the Luncheon on Thursday at the KOA Kampground. NOVEMBER 17,1998 - REGULAR MEETING - PAGE 3 OF 6 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. A.1. a Motion to read by title only proposed Ordinance No. 721 closing Council Member Markham moved to read by title only proposed Ordinance No. 721 closing the Alleys in Blocks 27 and the Alleys in Blocks 27 and 28 - City Attorney (Exhibit 1). 28; seconded by Council Member Oliver. b) Vote on motion to read by title only. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c City Attorney to read proposed Ordinance No. 721 by title only. Attorney Cook read proposed Ordinance No. 721 by title only as follows: "AN ORDINANCE ALLEYWAY AS RECORDED IN PLAT BOOK 1 AGE CLOSING,7 AND PLAT ) AND ABANDONING THE ALLEY, STREET OR BOOK 5 PAGE 7 PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THOSE ALLEYWAYS LOCATED IN BLOCK 27, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE; AND THAT ALLEY IN BLOCK 28, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE, LOCATED BETWEEN S.W. 15THSTREET AND S.W. 16THSTREET; BY CLOSING SAID ALLEYS; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND DIRECTING OKEEORD THE ORDINANCE IN THE CHOBEE COUNTY, FLORIDA; PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT NAND FOR PROVIDING AN EFFECTIVE DATE." 2. a Motion to adopt proposed Ordinance No. 721. Council Member Markham moved to adopt proposed Ordinance No. 721; seconded by Council Member Chandler. b) Discussion. The alleys are located in two city blocks along the West side of South Parrott Avenue. Block 27 is the site for the new County Library, Block 28 is a vacant city block. This is also the site where the old high school football field was. Attorney Cook commented that these alley's were closed by motion several years ago but an ordinance was never officially adopted so this is basically a house keeping measure (for records consistency). c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. W NOVEMBER 17,1998 - REGULAR MEETING - PAGE 4 OF 8 (P21 VIII. PUBLIC HEARING CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No. 723 revising Council Member Watford moved to read by title only proposed Ordinance No. 723 revising nuisance regulations in - nuisance regulations in Chapter 8 of the Code of Ordinances - City Chapter 8 of the Code of Ordinances; seconded by Council Member Markham. Attorney (Exhibit 2). 11 b) Vote on motion to read by title only. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 723 by title only. Attorney Cook read proposed Ordinance No. 723 by title only as follows: "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 adopt proposed Ordinance No. 723. Council Member Chandler moved to adopt proposed Ordinance No. 723; seconded by Council Member Oliver. b) Discussion. Council Member Watford asked if the Code Enforcement Board was going to continue to be lenient to undeveloped land in order to leave it in its natural state. Attorney Cook responded that these regulations are basically for property that is developed. Council Member Chandler explained that this ordinance will apply to businesses located in the downtown area and on the main corridors. c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:16 P.M. Ur NOVEMBER 17, 1998 - REGULAR MEETING - PAGE 5 OF 8 IX. NEW BUSINESS. IU a f] Motion to adopt proposed Resolution No. 98-15 abandoning an easement in Block 155 - City Attorney (Exhibit 3). Council Member Markham moved to adopt proposed Resolution No. 98-15 abandoning an easement in Block 155; seconded by Council Member Oliver. The title for Resolution No. 98-15 reads as follows: "RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TO ABANDON AN EASEMENT LOCATED WITHIN THE CITY BLOCK 155 THEREOF; TO SET CONDITIONS PRECEDENT TO THE ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE." KIRK - YES CHANDLER - YES MARKHAM-YES OLIVER - YES WATFORD - ABSTAINED MOTION CARRIED. Motion to adopt proposed Resolution No. 98-16 regarding election III Council Member Oliver moved to adopt proposed Resolution No. 98-16 regarding the election of City Officials; seconded of City Officials - City Clerk (Exhibit 4). by Council Member Chandler. Motion to approve temporary street closings - City Administrator (Exhibit 5). 1. Request by Okeechobee High School to temporarily close a portion of Southwest 2"d Avenue between North and South Park Street on February 10,1999 from 9:00 a.m. to 1:00 P.M. The City Officials being unopposed and declared elected to four year terms beginning January 5,1999 are: Noel A. Chandler, Bob Oliver and Dowling R. Watford, Jr. as City Council Members; and Bonnie S. Thomas as the City Clerk. KIRK - YES CHANDLER -YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to approve a request by the Okeechobee High School to temporarily close a portion of Southwest 2"d Avenue between North and South Park Street on February 10, 1999 from 9:00 a.m. to 1:00 p.m; seconded by Council Member Oliver. I 1 NOVEMBER 17,1998 - REGULAR MEETING - PAGE 6 OF 8 09 IX. NEW BUSINESS CONTINUED. C. Motion to approve temporary street closings continued 1. Request by Okeechobee High School to temporarily close a portion of Southwest 2Id Avenue between North and South Park Street on February 10,1999 from 9:00 a.m. to 1:00 p.m. continued. 2. Request by Trust Quartet to temporarily close Southwest 4'' Avenue between North and South Park Street on March 5 and 6,1999 from 5:00 p.m. to 11:00 P.M. Vote on motion is as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to approve a request by the Trust Quartet to temporarily close Southwest 4'h Avenue between North and South Park Street on March 5 and 6, 1999 from 5:00 p.m. to 11:00 p.m; seconded by Council Member Oliver. There was a brief discussion regarding this request, this is a non-profit group and the Council has approved these types of requests in the past They will only be using one of the parks for their event. The street closing request is so they will be able to park their buses there. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. D. Motion to approve final pay requests regarding the Street Scape Council Member Oliver moved to approve final pay requests regarding the Street Scape portion of the Downtown portion of the Downtown Revitalization Program - City Revitalization Program: Genesis Group, Architect for the Project, in the amount of four thousand dollars ($4,000.00) Administrator (Exhibit 6) and W.G. Mills, Contractor for the Project, in the amount of forty-one thousand, three hundred ninety-four dollars, ten cents ($41,394.10); seconded by Council Member Chandler. 1. Genesis Group, Architect for the Project, in the amount of Genes. Council discussed the problems that were overcome with this project thanks to all the additional help from Public Works $4,000Director Elders, Council Member Markham and W.G. Mills. Council agreed that they were not happy with the Genesis 2. W.G. Mills, Contractor for the Project, in the amount of engineering group. Mayor Kirk commented that dollar wise we have come out as well as we can, the contractor helped $41,394.10. 11 out very much and were extremely good. NOVEMBER 17,1998 - REGULAR MEETING - PAGE 7 OF 8 IX. NEW BUSINESS CONTINUED. D. Motion to approve final pay requests regarding the Street Scape Council Member Watford questioned whether this would ulfinish the future; the City's project withr we well be allowed to keep our plan Genesis Group and whether portion of the Downtown Revitalization Program continued. the City was obligated in anyway to u company drawings. Attorney Cook responded with a no to the questions of whether we're further obligated to the Genesis Group; 1. Genesis Group, Architect for the Project, in the amount of and that the drawings belong The Administrator informed Council regarding the value engineering, that the contractor $4,000. will forward a check reimbursing the City and the amount is estimated to be between twenty-five hundred to three thousand dollars. to the City. 2. W.G. Mills, Contractor for the Project, in the amount of $41,394.10. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. E. Motion to approve an agreement and/or adopt Resolution No. 98- Council Member Oliver moved to approve an agreement and adopt Resolution No. 98-17 regarding the Police Car 17 regarding the Police Car Acquisition Program - City Acquisition Program; seconded by Council Member Chandler. Administrator (Exhibit 7). Council Member Watford asked if this was a reputable bank and that he had not heard of them. Administrator Bradshaw advised they are well established, and the person who is the banks' representative has worked with the City in the past on these types of agreements. They are also FDIC. Discussion ensued. Mayor Kirk stated his satisfaction with the Agreement since the bank is under FDIC. Discussion then turned to the price per car and long term purchase prices. Motion and second was removed from the floor. Council Member Oliver then moved to accept the bid from Florida Sheriff s Association/Florida Association of Counties Purchasing not to exceed nineteen thousand, seven hundred fifty dollars ($19,750.00) per car; and from Kislak National Bank/The Skylake State Bank as the Finance Agency with an interest rate of 4.20%; and adopt proposed Resolution No. 98-17 regarding the Police Car Acquisition Program; seconded by Council Member Markham. NOVEMBER 17,1998 - REGULAR MEETING - PAGE 8 OF 8 4-3/ IX. NEW BUSINESS CONTINUED. E. Motion to approve an agreement and/or adopt Resolution No. 98- 17 regarding the Police Car Acquisition Program - City Administrator (Exhibit 7). F. Consider an appeal of revocation of occupational license (food service) - City Attorney (Exhibit 8). 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. i JAMES E. KIRK MAYOR ATTEST: ONNIE S. THOMAS, CMC CITY CLERK Vote on the motion is as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - ABSTAINED MOTION CARRIED. This item was withdrawn from the agenda. There being no further items on the agenda, Mayor Kirk adjourned the regular meeting at 6:47 p.m.