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2004-09-03 Special Emgerency2:� CITY OF OKEECHOBEE SEPTEMBER 3, 2004 SPECIAL EMERGENCY CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: September 3, 2004, Regular City Council Meeting,10 a.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea III. NEW BUSINESS. A. Authorization of the Okeechobee Police Department regarding Hurricane Fraces related to curfews, alcohol sales ans storm related Do ice issues (Exhibit PAGE 10F 3 Mayor Kirk called the September 3, 2004 Special Emergency City Council Meeting to order at 10: 12 a.m. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Mayor Kirk advised the purpose of calling this special emergency meeting was to consider adopting an ordinance, which gives the appropriate authority to Police Chief Davis to enact an Emergency Declaration, including Frances. The eye of the storm is expected to move through Okeechobee. Evacuations have already begun. Non- essential personnel are not reporting work at the City, and all necessary planning has begun for the community. The only concern voiced by Mayor Kirk was that the City curfew match the County's curfew, in order not to cause confusion for the citizens. Chief Davis advised that he would work as closely as possible with Sheriff Raulerson. Attorney Cook clarified that Chief Davis, under Florida Statute, has the authority for first 72 hours, to enact all the items outlined in the proposed ordinance. However, the ordinance extends the authority after the first 72 hours. Discussion ensued between Mayor Kirk, Council Members, Chief Davis, and Administrator Veach. 0 1 SEPTEMBER 3, 2004 - SPECIAL EMERGENCY MEETING - PAGE 2 OF 3 'LOOK III, NEW BUSINESS CONTINUED, A. Authorization of the Okeechobee Police Department regarding Council Member Watford made a motion to read by title only, proposed Emergency Ordinance No 870 accepting Hurricane Fraces related to curfews, alcohol sales ans storm related recommendation of the Chief of Police to extend a declaration of emergency as provided in Florida Statute 870; police issues continued. 11 seconded by Council Member Markham. Lyle) I KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Emergency Ordinance No. 870 by title only as follows:: "AN EMERGENCY ORDINANCEENACTED BYTHECITYOFOKEECHOBEF FLORIDA TOACCEPT RECOMMENDATIONOFCHIEF OF POLICE TO EXTEND DECLARATION OF EMERGENCYAS PROVIDED IN F.S. 870, PROVIDING FOR AN EXTENSION OF 72 HOUR DECLARATION; PROVIDING FOR DECLARATION TO CONTINUE FOR INDEFINITE PERIOD OF TIME AS DEEMED APPROPRIATE BY THE CHIEF OF POLICE AS STATUTORILY DESIGNATED EMERGENCYMANAGEMENT OFFICIAL FOR THE CITYOFOKEECHOBEE, PROVIDING FORAN EFFECTIVE DATE." Police Chief; seconded by Council Member Markham. Administrator Veach was asked to continue to keep the Council informed in order for them to answer questions from citizens. The Council also thanked City Staff for all the storm preparations, everyone has done a good job for our residents, they wished everyone well and to be safe during the storm. M SEPTEMBER 3, 2004 - SPECIAL EMERGENCY MEETING - PAGE 3 OF 3 III. NEW BUSINESS CONTINUED. A. Authorization of the Okeechobee Police Department regarding VOTE Hurricane Fraces related to curfews, alcohol sales ans storm related KIRK -YEA police issues continued. CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IV. ADJOURN 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. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamiotea, City Clerk IN James E. Kirk, Mayor There being no further items to discussed, Mayor Kirk adjourned the special emergency session at 10:28 a.m. • NOTICE OF PUBLIC METING OKEECHOBEE CITY CpUNCIL There will be a SPECIAL MEETING of tl City Council on Friday, September 3, 20& meeting will be held at City Hall, 55 SE T Okeechobee, FL. The item of discussion for Police authority regarding Hurricane F curfews, alcohol sales and other storm rely matters. For more information contact: Bill L. Veach 863-763-3372 Okeechobee ,at 10 a.m. The ►ird Ave., fill be providing ances related ted police • City of Okeechobee - Emergency Special Session September 3, 2204 Mayor Kirk called the emergency to order 10:12 a.m. All in attendance and staff Business for hurricane, by request of police department, authority to enact curfew and other restrictions until which time we would discontinue as a Council. Kirk, have a little discussion before putting it on the floor. Sorr a concerns not matching with the county, not sure we need to follow their lead, charged with doing what is best for city citizens, county personnel charged with same responsibility with county citizens. Cook, under FS regardless of city and county restriction in paragraph 4 automatically, paragraph 5 is discretion of the chief. Dowling, not saying there is a curfew, only if chief deems that he needs. Cook, right he has the authority for the first 72 hours, this extends his authority past the 72 hours. Dowling - county declared state of emergency, only Bill, county commission doing it at 1:00 p.m. today, they extend to sheriff. Denny, mandatory evacuation is the concern, homes being vacated as of 7 am this morning, extra patrols out to ride subdivisions, Kirk, if we pass we say we are extending his authority, and its all up to the chief. Cook, right, chief has this authority for 72 hours, this extends it and we could ask him to coordinate with the sheriff as much as possible, Kirk, have all the confidence in chief to do what is right with be confusion of the citizens. Dowling, if you issue a curfew, exercise a good judgement, Denny, yes, only concern would Major, we learned this while assisting in Arcadia, used good judgement, Clayton, prohibition of restriction of gas or flammable, Cook - its part of the statute Noel - we need to give the authority to the chief, allow him to handle this Watford moved to read by title only; seconded by Markham Vote all yea. Attorney Cook read proposed Ordinance No. 870 by title only EMERGENCY ORDINANCE ENACTED BY THE CITY OF OI TO ACCEPT RECOMMENDATION OF CHIEF OF POLICE T DECLARATION OF EMERGENCY AS PROVIDED IN F.S. 81 EXTENSION OF 72 HOUR DECLARATION; PROVIDING FC CONTINUE FOR INDEFINITE PERIOD OF TIME AS DEEMS THE CHIEF OF POLICE AS STATUTORILY DESIGNATED I MANAGEMENT OFFICIAL FOR THE CITY OF OKEECHOBI EFFECTIVE DATE. Watford moved to adopt proposed Ordinance No. 870 upon Police Chief; second by Council Member Markham. follows:: AN FLORIDA EXTEND PROVIDING FOR AN DECLARATION TO APPROPRIATE BY IERGENCY PROVIDING FOR AN recommendation of the Thanked city staff, preparation for the city citizens, well done, hope everyone is well. Keep the council informed so we'll know what the answers call us for information. Vote all yea. Motion Carried. Adjourned 10:28 a.m. for the citizens as they CITY OF OKEECHOBE: SEPTEMBER 39 2004 SPECIAL CITY COUNCIL OFFICIAL AGENDA I. Call to Order — Mayor September 3, 2004 City II. Mayor, City Council and Staff Attendance — City Clerk III. New Business A. Authorization of the Okeechobee Police Department Frances related curfews, alcohol sales and storm related 1 ETING Special Meeting, 10 a.m. ing Hurricane issues. (Exhibit 1)