2004-09-28 Special Emergency1
CITY OF OKEECHOBEE
SEPTEMBER 28, 2004 CITY COUNCIL SPECIAL EMERGENCY MEETING
SUMMARY OF COUNCIL ACTION
AGENDA
I. CALL TO ORDER - Mayor:
September 28, 2004, City Council Special Emergency Meeting, 3:00 p.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
Melisa Eddings Deputy Clerk
III. OPEN PUBLIC HEARING TO CONSIDER AN EMERGENCY ORDINANCE -
Mayor.
A.1. a) Motion to read by title only, Emergency Ordinance No. 873, accepting
recommendation of the Chief of Police to extend a Declaration of
Emergency as provided in Florida Statute 870 - City Attorney
(Exhibit 1).
PAGE 10F 3
COUNCIL ACTION --DISCUSSION -VOTE
Mayor Kirk called the September 28, 2004 City Council Special Emergency Meeting to order at 3:00 p.m.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
107
MAYOR KIRK OPENED THE PUBLIC HEARING TO CONSIDER AN EMERGENCY ORDINANCE AT 3:03 P.M.
Council Member Watford moved to read by title only, proposed Emergency Ordinance No. 873 regarding an
extension of a Declaration of Emergency as provided in F.S. 870; seconded by Council Member Markham.
AGENDA
III. PUBLIC HEARING CONTINUED.
A.1. b) Vote on motion to read by title only.
c) City Attorney to read Emergency Ordinance No. 873 by title only
2. a) Motion to adopt Emergency Ordinance No.873.
Public comments and discussion.
SEPTEMBER 28, 2004 - SPECIAL EMERGENCY MEETING - PAGE 2 OF 3
COUNCIL ACTION - DISCUSSION -VOTE
VOTE
KIRK - YEA
CHANDLER YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Emergency Ordinance No. 873 by title only as follows: "AN EMERGENCYI
ORDINANCE ENACTED BY THE CITY OF OKEECHOBEE, FLORIDA TO ACCEPT RECOMMENDATION OF
CHEF OF POLICE TO EXTEND DECLARA TION 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 EMERGENCY MANAGEMENT OFFICIAL FOR THE CITY OF OKEECHOBEE, PROVIDING FOR
AN EFFECTIVE
DATE."
Council Member Markham moved to adopt proposed Emergency Ordinance No. 873; seconded by Council Member
Williams.
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
Council Member Watford asked whether the request of the Chief of Police for an extension of curfews was the same
as the Council's last Special Emergency Meeting, which was held on September 3, 2004? Police Chief Davis
answered yes, the curfew time will be from 9:00 p.m. until 6:00 a.m. and that there was not a ban on the sale of
alcoholic beverages at this time. Chief Davis also informed the Council that he will continue to coordinate the City's
curfews with Sheriff Raulerson.
SEPTEMBER 28, 2004 - SPECIAL EMERGENCY MEETING - PAGE 3 OF 3 109
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
III. PUBLIC HEARING CONTINUED.
A. 2. c) Vote on motion. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 3:07 P.M.
IV. ADJOURN MEETING - Mayor. There were no further items to discuss. However, Administrator Veach took this time to briefly update the Council on
Hurricane Clean-up measures, electricity and water being restored, and that another extension will need to be
requested regarding the City Commerce Center grants due to construction delays caused by both Hurricane Frances
and Jeanne, and weather conditions by Hurricane Ivan. Mayor Kirk adjourned the Special Emergency Meeting at 3:20
p.m.
PLEASE TAKE NOTICE AND BE ADVISED THAT IFA 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 OFRCIAL RECORDS OF THE CLERK
ATTEST: JAMES E. KIRK, MAYOR
LANE GAMIOTEA, 19ITY CLERK
Tape 1 side A
CITY OF OKEECHOBEE - SEPTEMBER 28, 2004 - SPECIAL E
HANDWRITTEN MINUTES
I. CALL TO ORDER - Mayor:
Meeting 3:00 p.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 Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
Clerk Lane Gamiotea
Deputy Clerk Melisa Eddings
III. NEW BUSINESS.
Page -1-
ICY CITY COUNCIL MEETING -
I:e9
Absent
X
X
X
X
X
X
X
X
X
A.1.a) Mayor Kirk announced that the purpose of this special emergency
the Okeechobee Police Department regarding Hurricane Jeanne;
storm related police issues (Exhibit 1).
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK X
CHANDLER X
MARKHAM X
WATFORD X
WILLIAMS X
MOTION: CARRIED.
C) Ci y---Attarney read proposed Ordinance No.873 by title only
ORDINANCE ENACTED BY THE CITY OF OKEECHOI
RECOMMENDATION OF CHIEF OF POLICE TO EXTEND DEC!
PROVIDED IN F.S. 870; PROVIDING FOR AN EXTENSION
PROVIDING FOR DECLARATION TO CONTINUE FOR INDI
DEEMED APPROPRIATE BY THE CHIEF OF POLICE AS
EMERGENCY MANAGEMENT OFFICIAL FOR THE CITY OF 01
AN EFFECTIVE DATE."
ting is to give authorization to
as curfews, alcohol sales and
as follows: "AN EMERGENCY
3EE, FLORIDA TO ACCEPT
.ARATION OF EMERGENCYAS
OF 72 HOUR DECLARATION;
FINITE PERIOD OF TIME AS
STATUTORILY DESIGNATED
KEECHOBEE: PROVIDING FOR
2. a) Council Member moved to approve the S
No.873; seconded by Council Member �,� uILL,
k
Pf-
C) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK x
CHANDLER X
MARKHAM X
WATFORD X
WILLIAMS X
MOTION: CARRIED.
0-0
Page -2-
Emergency Meeting Ordinance
IV. ADJOURN SPECIAL EMERGENCY MEETING - Mayor at`P.M.
Please be advised that the Cit Council will
meet in Emergency Special Session on
Tuesday, September 28, 2004 at 3:00 p.m.
City Council Chambers, �m 200
The purpose of this meeting is to enact an
Emergency Ordinance providing authority to the
Police Chief, regarding HurricaneJeanne storm
police matters such as curfews, alcohol sales
and other related issues.
The public is encouraged and inited to attend.
ALL INTERESTED PARDIAT THIS FI
OPPORTUNITY TO BE HEAR
Any person deciding to appons dered at this
with respect to any matter c
ensure that a verbatim record of the proce
that the record includes the testimony and (
the appeal will be bar offic altrecordsClerk tof t
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CITY OF OKEECHOBEE
SEPTEMBER 289 2004 EMERGENCY SPECIAL
CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 2
CALL TO ORDER - Mayor: September 28, 2004, City Council Emergency Special Meeting, 3:00 p.m.
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 Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
OPEN PUBLIC HEARING TO CONSIDER AN EMERGENCY ORDINANCE - Mayor.
A.1.a) Motion to read by title only Emergency Ordinance No. 873, accepting recommendation of the Chief of Police
a Declaration of Emergency as provided in Florida Statute 870 - City Attorney (Exhibit 1).
b) Vote on motion to read by title only.
c) City Attorney to read Emergency Ordinance No. 873 by title only.
2.a) Motion to adopt Emergency Ordinance No. 873.
PAGE 2 OF 2
III. PUBLIC HEARING TO CONSIDER AN EMERGENCY ORDINANCE CONTINUED.
A.2.b) Public comments and discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING.
IV. ADJOURN MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered
at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings
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.
EXHIBIT 1 —
SePtember 28, 2004
Emergency Special Meeting
ORDINANCE NO. 873
AN EMERGENCY ORDINANCE ENACTED B`
OKEECHOBEE, FLORIDA TO ACCEPT RECOMMEI
OF POLICE TO EXTEND DECLARATION OF
PROVIDED IN F.S. 870; PROVIDING FOR AN EXTEI
DECLARATION; PROVIDING FOR DECLARATION
INDEFINITE PERIOD OF TIME AS DEEMED APPI
CHIEF OF POLICE AS STATUTORILY DESIGNA
MANAGEMENT OFFICIAL FOR THE CITY C
PROVIDING FOR AN EFFECTIVE DATE.
THE CITY OF
IDATION OF CHIEF
EMERGENCY AS
ISION OF 72 HOUR
"O CONTINUE FOR
,OPRIATE BY THE
TED EMERGENCY
F OKEECHOBEE;
WHEREAS, the City of Okeechobee, Florida , a municipality under the laws of the State
of Florida, is empowered by F.S. 870.042 and 870.04 to declare the existence of
an emergency within the city when in the opinion of the Chief of Police, the person
designated by F.S. Chapter 870 as the emergency management official for the City
of Okeechobee; that a situation exits that potentially constitutes an imminent threat
to public safety, peace or order, and threat to pub is and private property or
persons; and
WHEREAS, the City of Okeechobee, Florida is currently included in a hurricane warning
issued by emergency management services and the National Weather center the
weekend of September 25-27, 2004, which designate n declares that the City of
Okeechobee could experience hurricane force wins within 24 hours of such
designation; and
WHEREAS, the hurricane warning was issued by virtue of H rricane Jeanne, a category
3 storm with sustained winds in excess of 120 mph at the time of this ordinance,
and which is predicted to pass over or very near to the City of Okeechobee on
Saturday, September 25, 2004, and such storm is capable of inflicting serious loss
of property and or lives; and
WHEREAS, the track of the storm is uncertain, but due to its present forward motion is
expected to cause sustained winds, rain and potential for damage for a time period
in excess of that 72 hour period permitted to be imposed by the Chief of Police; and
WHEREAS, the City of Okeechobee is permitted to approve rdinances on an emergency
basis with one reading, by virtue of F.S. 166.041(3)(b), and has taken all reasonable
steps to advertise said meeting to the general public;
THEREFORE, in order to preserve the peace and order wi hin the City; to monitor and
prevent civil unrest, looting or other unlawful conduct; to permit repair of utility and
municipal services, clean up and restoration of basicservices; and to assist in the
protection of life and property, the City Council, for the City of Okeechobee, Florida,
by unanimous vote, adopts the following emergen y ordinance to be effective
throughout the municipal boundaries for the City of Okeechobee:
THAT the Chief of Police, as designated emergency management official for
the City of Okeechobee under F.S. Chapter 87 , possesses the authority to
enact a state of emergency within the municipal boundaries of the City of
Okeechobee, or parts thereof.
2. THAT the state of emergency declared by the Chief of Police shall
commence immediately upon his declaration thereof, but only continues for
a continuous period of 72 hours, which may then be extended by this action
of the City Council for the City of Okeechobee as provided in F.S. 870.047.
3. THAT at the request of the Chief of Police, the City Council for the City of
Okeechobee, Florida hereby authorizes the extension of the state of
emergency for a time period in excess of 72 hours if deemed necessary by
the Chief of Police, and to continue for such time period until rescinded at the
Page 1 of 3
discretion of the Chief of Police, or the generals ate of emergency currently
in effect be suspended by the Governor for the State of Florida.
4. THAT for the duration of any declared state of emergency or extension
thereof, and effective immediately upon the dec aration, no person or entity
shall sell, or offer for sale, regardless of wheth r consideration is passed,
any firearm of any description or ammuniti n; and no person shall
intentionally possess or display any firearm, t erefore, excepting a duly
authorized law enforcement officer or a person n the military service acting
in the official performance of his or her duty.
5. THAT the chief of police, in addition, for the duration of the declaration or
extension thereof, may enact in his discretion as necessary, the following
additional emergency measures:
a. A curfew restricting pedestrian and vehicular traffic within the City of
Okeechobee, excepting law enforcement, emergency management,
fire safety, or medical personnel acting in the performance of their
official duties. The hours of the curfew shall be set by the Chief of
Police.
b. The sale or possession of alcoholic beverages with or without
consideration may be prohibited within the City of Okeechobee
between hours of the day as deemed appropriate by the Chief of
Police.
C. The Chief of Police may in his discretio order the closing of places
of public assemblage, including commercial business' for such hours
of the day as he deems appropriate, until further order of the Chief:
d. The Chief of Police is authorized to
possession of gasoline or other flamma
consideration paid, unless delivered it
attached to an operable motor vehicle
motor vehicle.
6. THAT PURSUANT TO F.S. CHAPTER 870,
VIOLATION OF THIS DECLARATION BY
PUNISHED AS A MISDEMEANOR OF
PROVIDED IN F.S. 775.082 or 775.083 AN[
NECESSARY BY THE CHIEF OF POLICI
OFFICERS.
prohibit or restrict sale or
ble substance, regardless of
to a tank properly affixed or
by the manufacturer of said
IT IS DECLARED THAT A
ANY PERSON SHALL BE
fHE FIRST DEGREE AS
ENFORCED AS DEEMED
OR HIS DESGINEE OR
7. THAT this ordinance shall be effective immedie tely upon the expiration of the
72 hour state of emergency declared by the C ief of Police, and shall remain
continuously in effect until rescinded by the Chief of Police, or the general
state of emergency currently in effect by order of Governor Jeb Bush is
suspended.
INTRODUCED DURING EMERGENCY SESSION for first eading and public hearing on
the 28t" day of September, 2004.
ATTEST:
Lane Gamiotea, City Clerk
ADOPTED after first reading during a public hearing on
James E. Kirk, Mayor
28th day of September, 2004.
Page 2 of 3
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 3 of 3