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1997-11-04 Regular MeetingCITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER — Mayor: November 4,1997, Regular Meeting, 7:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend JP Ziegler; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Councilman Noel A. Chandler Councilman Lowry Markham Councilman Robert Oliver Councilman Dowling R. Watford, Jr. Attorney John R. Cook Administrator Robert J. Bradshaw Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES APPROVED — City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 21,1997. PAGE 1 OF 7 Mayor Kirk called the November 4,1997 Regular Meeting to order at 7:00 p.m. Reverend John Paul Ziegler offered the invocation; Council Member Watford led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 21, 1997; seconded by Council Member Markham. Clerk Thomas noted the vote for Council Member Watford on pages four as a correction. There being no further discussion, vote was as follows: KIRK - YES CHANDLER - YES MARmAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. NOVEMBER 4,1997 - REGULAR MEETING - PAGE 2 OF 7 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today0s agenda. A. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to remove from the table, the motion made by Council Member Markham and seconded by Council Member Oliver to adopt proposed Ordinance No. 706 rescinding Ordinance No. 251 closing Kissimmee Avenue between Ninth and Tenth Streets - Attorney Cook (Exhibit 1). b) Vote on motion to remove from the table c) Discussion from the Public and Council. d) Vote on motion to adopt proposed Ordinance No. 706. Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. None were stated. Mayor Kirk opened the Public Hearing for Ordinance Adoption at 7:04 p.m. Council Member Watford moved to remove from the table, the motion made by Council Member Markham and seconded by Council Member Oliver to adopt proposed Ordinance No. 706 rescinding Ordinance No. 251 closing Kissimmee Avenue between Ninth and Tenth Streets; 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. Council Member Watford asked Attorney Cook whether the matter he advised the Council on at the last meeting was cleared up with the property owners? Attorney Cook responded that he had prepared a QuitClaim Deed for the adjoining property owners to sign releasing any claim to the street and he felt that they would sign them. There are only two property owners, New Horizons of the Treasure Coast and Mrs. Hales. Council Member Markham questioned the need to insert the new names of the streets to stop any further confusion. Attorney Cook advised that for the official record that could be inserted but as also pointed out by Council Member Watford this ordinance rescinds Ordinance No. 251 and that ordinance reflects the old street names. There being no further discussion, the vote was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 457 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED _A B. 1. a) Motion to read by titre only proposed Ordinance No 703 concerning temporary structures/uses and peddlers regulations - City Attorney (Exhibit 2). 2. a) Motion to adopt proposed Ordinance No. 703. b) Discussion from the Public and Council. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor NOVEMBER 4,1997 - REGULAR MEETING - PAGE 3 OF 7 Council Member Watford moved to read by title only, proposed Ordinance No. 703 concerning temporary structures/uses and peddlers regulations; seconded by Council Member Markham. There being no discussion, the vote was as follows: KIRK - YES CHANDLER • YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook read proposed Ordinance No. 703 by title only as follows: 'i4N ORDINANCE AMENDING CHAPTER 10 CODE OF ORDINANCES CITY OF OKEECHOBEE, ADDING SECTION 10-77, PROVIDING FOR ISSUANCE OF LICENSES FOR TEMPORARY STRUCTURES; TENT OR OFF -PREMISES SALES; FLEA MARKET OR INDIVIDUAL BOOTH SALES; PROVIDING A FEE SCHEDULE, PROVIDING LICENSING PROCEDURES; PROVIDING AN EFFECTIVE DATE. " Attorney Cook advised the Council of some minor additions he inserted in the ordinance addressing existing temporary structures and peddlers. Council Member Markham moved to adopt proposed Ordinance No. 703; seconded by Council Member Oliver. Council and Staff briefly discussed that these types of businesses have been an on -going problem for the City and there has not seemed to be a good solution. Council Member Watford pointed out that this does not include Sage Produce because their stand is considered a permanent structure. There were no comments from the public. KIRK — YES CHANDLER —YES MARKHAM — YES OLIVER — YES WATFORD — YES MOTION CARRIED. Mayor Kirk closed the Public Hearing at 7:15 p.m. Attorney Cook also reminded the Council that a Fee Resolution will still need to be adopted and he will meet with the Finance Department to get that accomplished and bring it before the Council for consideration. m VII. UNFINISHED BUSINESS A. Motion to adopt proposed Resolution No. 97-5 concerning ex- parte communications - City Attorney (Exhibit 3). B. Motion to approve an Interlocal Agreement between the City and Okeechobee Utility Authority concerning fire hydrant maintenance - City Attorney (Exhibit 4). C. City/County Issues - Mayor. 1. Discuss proposed City/County "Request For Proposals" for Solid Waste Collection. NOVEMBER 4,1997 - REGULAR MEETING - PAGE 4 of 7 Attorney Cook read proposed Resolution No. 97-5 by title only as follows: `A resolution of the City of Okeechobee Florida relating to access to Local Public Officials; Providing a Definition of Local Public Officials; Providing for Access to Public Officials; Authorizing Investigations and Receipt of Information; Requiring Disclosure of ex parte Communications; Providing an Effective Date. A Council Member Oliver moved to adopt proposed Resolution No. 97- 5 concerning ex-parte communications; seconded by Council Member Watford. Council and Staff discussed briefly that this Resolution governs just Planning Boards. There will be another Resolution to follow, which allows the Council to specifically state which boards the City considers falling under these guidelines. Council thanked Attorney Cook for keeping this information clear and straightforward. The vote was as follows: DIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - No MOTION CARRIED. Attorney Cook asked the Council to pass on this item. Mayor Kirk advised he had a good meeting with the County concerning solid waste. The County is not looking for funds from the City at this time, but more support, input and participation with them. County CommissionerLF John Abney and Gene Woods were present and also stated the County is proposing to stay with Nichols while they are sending out the Request For Proposals for Solid Waste Collection for the City and County of Okeechobee. They feel both parties will be able to obtain a better rate. The City can continue their billing as they are now. Both the City and County contract's with Nichols ends in July of 1998, which is the deadline for both to make a decision on this issue. Council Member Watford noted that he understands where everyone one is coming from on this issue but that the "City" is the most important part of this, it is easier to collect our solid waste since we are so compact and we already have mandatory pick-up which gives us an established tonnage. Council agreed to support the County on this endeavor. 459 VIII. NEW BUSINESS A. Presentation of Proclamation - Mayor. 1. Mayor Kirk read the following Proclamation for "Buddy Poppies Sales" presented to VFW representative: B. Motion to authorize the Mayor to execute an agreement between the City and W.G. Mills, Inc. General contractor regarding the CDBG Downtown Renovation Project - City Administrator (Exhibit 5). NOVEM13ER 4,1997 - REGULAR MEETING - PAGE 5 OF 7 Mayor Kirk read the following Proclamation for "Buddy Poppies Sales". There was no one present from the VFW to accept it therefore he requested Clerk Thomas forward it to the appropriate representative: "WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States an organization chartered by the Congress, has been officially recognized and endorsed by the President of the United States and the Veterans Administration; and WHEREAS, the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living, "NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, do hereby recognize the patriotic merits of this cause by urging the citizens of this community to contribute generously to its support through the purchase of Buddy Poppies on the day (or days) set aside for the distribution of these symbols of loyalty in this City./ urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American Citizens. " Council Member �Natford moved to authorize the PJayor to execute the contract (an Agreement) between the City andW.G. Mills, Inc. the General Contractor for the CDBG Downtown Renovation Project: seconded by Council Member Oliver. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Due to some businesses not participating in the grant the amount of the original contract will decrease causing a Change Order. Council Member Watford moved to approve change order number one to the W.G._Mills Contract for the Community Development Block Grant; seconded by Council Member Oliver. Council Member Watford requested the Council be provided with a final list of all that are participating in the grant VIII. NEW BUSINESS CONTINUED B. Motion to authorize the Mayor to execute an agreement between the City and W.G. Mills, Inc. General contractor regarding the CDBG Downtown Renovation Project continued. C. Motion to approve a temporary street closing for Southwest 3rd and 4th Avenues between North and South Park Streets on November 28 and 29th for the Hospice Arts and Crafts Show - City Administrator (Exhibit 6). D. Discuss Community Development Block Grants for Housing - Council Member Watford. NOVEMBER 4,1997 - REGULAR MEETING - PAGE 6 OF 7 There being no further discussion, the vote was as follows: KIRK — YES CHANDLER — YES MARKHAM — YES OLIVER — YES WATFORD — YES MOTION CARRIED. Council Member Oliver moved to approve a temporary street closing for Southwest 3rd and 4th Avenues between North and South Park Streets on November 28 and 29th for the Hospice Arts and Crafts Show; seconded by Council Member Markham. Following a brief discussion, the vote was as follows: KIRK — YES CHANDLER — YES MARKHAM —YES OLIVER — YES WATFORD — YES MOTION CARRIED. Council Member Watford stated that at a previous meeting, Mrs. Ridley was present and she addressed the Council and she brought up a valid point concerning housing grants. The City can only be the recipient of one grant at a time and it will be after 1999 before the current grant is finalized. Council Member Watford requested that the City request the County include areas of the City in their plans when they apply for housing grants. The County has been awarded several of these types of grants and they have helped the citizens in Douglas Park fix up their homes. Since the City residents are also County residents, he did not see why the County would have a problem with that Council agreed and asked Council Member Oliver as the Council liaison to the Commission to relay the request 461 _4 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. A tape recording of this meeting is on file in thh"erk s Office. ATTEST: BONNIE S. THOMAS, CMC CITY CLERK E. KIRK MAYOR NOVEMBER 4,1997 - REGULAR MEETING - PAGE 7 OF 7 There being no further items on the agenda, Mayor Kirk adjourned the November 4,1997 Regular Meeting at 7:45 p.m.