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1997-10-21 Regular MeetingCITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 447 PAGE 1 OF 8 CALL TO ORDER - Mayor: October 21,1997, Regular Meeting, Council Member Watford sitting as Chairman, called the October 21,1997 Regular Meeting to order at 7:00 p.m. 7:00 p.m. III OPENING CEREMONIES: Invocation offered by Reverend JP Ziegler; III Reverend J. P. Ziegler offered the invocation; Pledge of Allegiance led by the Mayor. Council Member Watford led the Pledge of Allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Clerk Thomas called the roll: Mayor James E. Kirk Absent (due to illness) Councilman Noel A. Chandler Present Councilman Lowry Markham Present Councilman Robert Oliver Present Councilman Dowling R. VJatiord, Jr. Present (s:.r Ved as Chairperson; Attorney John R. Cook Present Administrator Robert J. Bradshaw Present Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present IV. MINUTES APPROVED - City Clerk. A. Motion to dispense with the reading and approve the Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Summary of Council Action for the Regular Meeting of Regular Meeting of October 7,1997; seconded by Council Member Markham. October 7,1997. 11 KIRK - ABSENT CHANDLER - YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. M j i OCTOBER 21,1997 - REGULAR MEETING - PAGE 2 OF 8 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on Chairman Watford asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's today's agenda. agenda. New Business item "F' was added as a request to temporarily close S.W. 4th Avenue between North and South Park Street Item "C° was withdrawn from the agenda. Vl. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Chair Watford opened the Public Hearing for Ordinance Adoption at 7:06 p.m. A. 1. a) Motion to read by title only, proposed Ordinance No. Council Member Oliver moved to read by title only, proposed Ordinance No. 706 rescinding Ordinance No. 251; seconded 706 rescinding Ordinance No. 251 - City Attorney by Council Member Markham. There being no discussion, the vote was as follows: (Exhibit 1). 91 b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook read Proposed Ordinance No. 706 by Title Only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RESCINDING ORDINANCE No. 251; WHICH ORDINANCE INCORRECTLY CLOSED CITY STREET OR RIGHT-OF-WAY DESCRIBED AS THAT PORTION OF KISSIMMEE AVENUE BETWEEN NINTH AND TENTH STREETS; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 706. III Council Member Markham moved to adopt proposed Ordinance No. 706; seconded by Council Member Oliver. b) Discussion from the Public and Council. Following discussion, Council Member Oliver moved to table the adoption of proposed Ordinance No. 706 as recommended by Attorney Cook to allow for time to request letters from adjoining landowners relinquishing their claim to the street-, seconded by Council Member Chandler. c) Vote on Motion. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. Chair Watford closed the Public Hearing at 7:22 p.m. OCTOBER 21„ 1997 - REGULAR MEETING - PAGE 3 OF 8� 4 9 VII. UNFINISHED BUSINESS _ A. 1. a) Motion to read by title only and set November 4,1997 Council Member Markham moved to read by title only and set November 4, 1997 as a public hearing date, proposed as a public hearing date, proposed Ordinance No. Ordinance No. 703 concerning temporary structures/uses and peddler's regulations; seconded by Council Member Oliver. 703 concerning temporary structures/uses and There being no discussion, the vote was as follows: peddler's regulations - City Attorney (Exhibit 2). 2. a) Motion to approve the first reading of proposed Ordinance No. 703. b) Discussion from the Public and Council. c) Vote on motion to approve first reading. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook read proposed Ordinance No. 703 by title only as follows: "AN 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." Council Member Markham moved to approve the first reading of proposed Ordinance No. 703; seconded by Council Member Chandler. Attorney Cook briefly explained the main difference between this ordinance and the previously proposed Ordinance. There was no comments from the public. KIRK - ABSENT CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 450 OCTOBER 21,1997 - REGULAR MEETING - PAGE 4 OF 8 mi. VIII UNFINISHED BUSINESS B. Motion to adopt proposed Resolution No. 97-4 concerning ex- Attorney Cook asked the Council to review the information he presented in Exhibit Three, being two documents adopted by parte communications - City Attorney (Exhibit 3). other legislative bodies, and use these as their guideline to compose a Resolution on ex-parte communications and rezoninglland use issue hearings. With this research and information, he will have a more formal resolution ready for Council to adopt at the next meeting. There was no official action take on this item. C. Discuss Christmas Decorations - City Administrator (Exhibit 4). NEW BUSINESS A. Presentation of Proclamations - Mayor Kirk. 1. Florida City Government Week presented to City Administrator. Council and Staff discussed the feasibility of the City purchasing a certain amount of Christmas decoration banners to display on light poles during the season within the City and using the old decorations also. The Chamber has relinquished any responsibility to continue to do this. Council Member Markham recommended a plan of purchasing five thousand dollars worth of decorations per year for the next three years and as the new ones are purchased, phase out the old ones. Focus on the downtown area first Council Member Oliver moved to authorize up to $5,000 on Christmas banners if we can get them here and hung by the first weekend in December; seconded by Council Member Markham. Council also agreed to use Council Member Markham's plan for hanging the banners. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - No MOTION CARRIED. Chair Watford read the following proclamation and presented it to Administrator Bradshaw: "WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize Me important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, Me Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through the variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement, and WHEREAS, the City of Okeechobee does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and That the City of Okeechobee does encourage educational partnerships between city government and schools; and NOW THEREFORE, I James E Krrk Mayor ofthe City of Okeechobee, hereby proclaim October 19 through 25, 1997 as "Florida City Govemment Week" and encourage all citizens and city governments to actively promote and support the celebration and corresponding activities. OCTOBER 21,1997 - REGULAR MEETING - PAGE 5 OF 8, cJ l VIII. NEW BUSINESS CONTINUED A. Presentation of Proclamations - Mayor Kirk. 2. National Epilepsy Awareness Month presented to Chairman Watford read the following proclamation and requested the City Clerk to mail it to the Committee for Epilepsy Committee for Epilepsy Awareness. Awareness: "WHEREAS, Epilepsy, also known as Seizure Disorder has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as longs ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted w►th this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150, 000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the United States over the past thirty years have indicated that of all disabilities. Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty ,`rive percent. and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become= roducthe citizers. NOW, THEREFORE, !. Ja mres E. krk -AffaYor oft; ., Cifi/ of C.keechobee de hereby Orcciaim the rrcrth November as national "Epilepsy Awareness Month." B. Motion to approve a sole source purchase of a document Council Member Oliver moved to approve a sole source purchase of a document imaging system from Jane Group Inc. imaging system from Jane Group Inc. in the amount of in the amount of fourteen thousand, nine hundred ninety-five dollars ($14,995.00); seconded by Council Member $14,995.00 - City Clerk (Exhibit 5). Markham. Following a brief discussion and after watching a video on how the system works, the vote was as follows: KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C. Motion to approve an Interlocal Agreement between the City and Okeechobee Utility Authority concerning fire hydrant This item was withdrawn from the agenda. maintenance - City Attorney (Exhibit 6). 452 OCTOBER 21,1997 - REGULAR MEETING - PAGE 6 OF 8 VIII. NEW BUSINESS CONTINUED D. City/County Issues - Mayor. 1. Discuss endorsement of County Fire/EMS Study 2. Discuss proposed City/County 'Request For Proposals" for Solid Waste Collection. Following a brief discussion concerning the handout by Administrator Bradshaw on the County Fire/EMS Study, Council Member Oliver moved to endorse the County's efforts to seek proposals for a FireIEMS Study; seconded by Council Member Chandler. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council deferred discussed on this item until Mayor Kirk was present. E. Roadway Improvements - Public Works Director. Council Member Chandler moved to approve partial pay request number two to Ranger Construction Industries, Inc. in the 1. Motion to approve partial pay request number two to amount of fifteen thousand, five hundred twenty dollars, twenty-three cents (S15,520,23) for 1996/97 Road Improvements, Ranger Construction Industries, Inc. in the amount of as recommended by Engineer Kafer of Lawson. Noble and Webb: seconded by Council Member Markham. Following a brief S15.520.23 for 1996/97 Road Improvements - (Exhibit H discussion, the vcte was as follows. 7). KIRK - ABSENT CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 2. Motion to approve Change Order No.1 to Ranger Council Member Markham moved to approve Change Order No. One (1) to Ranger Construction Industries, Inc. Contract Construction Industries, Inc. Contract for an extension for an extension of sixteen (16) days due to rain; seconded by Council Member Oliver. of sixteen days due to rain. Following a discussion between Council, Staff and the sub -contractor, Phil Baughman, that sixteen days would not be adequate and Mr. Baughman was not able to contact Ranger prior to the request being sent to ask for thirty days, Council Member Oliver withdrew his second to the motion, Council Member Markham withdrew his motion from the floor. Council Member Oliver moved to approve change Order No One (1) to Ranger Construction Industries, Inc., contract for an extension of thiM (30) days due to rainy day delays; seconded by Council Member Chandler. 453 OCTOBER 21,1997 - REGULAR MEETING - PAGE 7 OF 8 VIII. NEW BUSINESS CONTINUED E. Roadway Improvements Continued. 2. Motion to approve Change Order No.1 to Ranger Construction Industries, Inc. Contract for an extension of sixteen days due to rain continued. 3. Motion to approve Change Order No. 2 not to exceed $85,000 to Ranger Construction Industries, Inc. Contract to include and complete the 1997/98 Roadway Improvements. Vote on motion is as follows: KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Oliver moved to approve Change Order No. Two (2) not to exceed eighty-five thousand dollars ($85,000) to Ranger Construction Industries, Inc. Contract to include and complete the 1997/98 Roadway Improvements; seconded by Council Member Markham. Public Works Director Elders explained, as Council is aware, the contract for the 1996197 Road Improvements is not completed and therefore their equipment is still here. The project list for the 1997/98 Road Improvements is very small, involves mostly re -paving and will take forty-five days. He, Engineer Kafer and Administrator Bradshaw feel it would be in the best interest of the City to approve this change order. If the 1997/98 Road Improvements are bid out on their own it is Possible that it will cost a considerable amount more. Council asked that Engineer Kafer and Director Elders make it clear to Ranger Construction Industries Inc. that the Council allowed an extension on the last contract and they want it understood that they may not be so understanding with another such request on the second contract KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. ITEM ADDED TO AGENDA: F. Motion to approve a temporary street closing for Southwest Council Member Markham moved to approve a request from World Ministries Outreach to temporarily close Southwest 4th Avenue between Parks three and four on October 31st 4th Avenue between North and South Park Street from 6:00 p.m. to 10:30 p.m. on October 31st; seconded by Council (Exhibit 8). Member Oliver. 454 OCTOBER 21,1997 - REGULAR MEETING - PAGE 8 OF 8 VIII. NEW BUSINESS CONTINUED F. Motion to approve a temporary street closing for Southwest 4th Avenue between Parks three and four on October 31 st continued. 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 i Ci y Clerk's Office. OWLING R. WAff F94kD, JR. ACTING CHAIRPERSON ATTEST: r � BONNIE S. THOMAS, CMC, CITY CLERK Council Chairman Watford asked the Administrator to contact the County concerning a city street that was temporarily closed over the weekend and remind them that the City does not mind closing them but we need to be kept informed and if time allows, have Council's permission for such closing of streets. There being no further discussion, the vote was as follows: KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. There being no further items on the agenda, Chair Watford adjourned the October 21, 1997 meeting at 9:00 p.m.