CITY OF OKEECHOBEE MARCH 7, 2017, REGULAR CITY COUNCIL MEETING 55 SE 3 RD AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 I. CALL TO ORDER - Mayor March 7, 2017, City Council Regular Meeting, 6:00 P.M. Mayor Watford called the March 7, 2017, Regular City Council Meeting to order at 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Pastor Ray Warren, The Pentecostals of Okeechobee; Pledge of Allegiance led by Mayor Watford. The invocation was offered by Pastor Ray Warren of The Pentecostals of Okeechobee; the Pledge of Allegiance was led by Mayor Watford. III. IV. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O=Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen PROCLAMATIONS AND PRESENTATIONS - Mayor A. a Certificate of Achievement to Mr. Bubba Fludd. City Clerk Gamiotea called the roll: Absent Absent (Major Hagan in attendance) Mr. Bubba Fludd was in attendance with his mother Toemyka Peterson, OHS Principal Dylan Tedders, and Head Football Coach Chris Branham to receive a certificate of achievement, presented by Mayor Watford and read as follows: Whereas, the City of Okeechobee deems it befitting to honor the youth of our community who inspire to dream, do more and become more as a future leader; and Whereas, Mr. Bubba Fludd, a Senior attending the Okeechobee High School was recently selected as a Utility Defense Player for the Class 6A All-State First Football Team; and Whereas, Bubba s hometown, the City of Okeechobee, is proud to recognize his dedication and achievements to Athletics and Academics as one of the most decorated and greatest quarterbacks, cornerbacks and impact player in the history of the Football Program at Okeechobee High School, to wit: 2013 OHS Defensive Player of the Year; 2014, 2015, & 2016 OHS Offensive Player (continued)
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. a Certificate of Achievement to Mr. Bubba Fludd continued. MARCH 7, 2017 - REGULAR MEETING - PAGE 2 OF 5 of the Year, and Team Captain; 2016 OHS Team MVP; 2013 Honorable Mention All-Area Player as a Defensive Back; 2014 All-Area 1 st Team Selection as a Defensive Back; 2015 & 2016 All-Area 1 st Team Selection as an Athlete; 2016 1 st Team All-State by the Associated Press; 2014, 2015, & 2016 selected as member of the All FACA District Team; Second all-time school record for total touchdowns: 52; 2016 2 nd Team All-State Athlete by the Florida High School Football.com; Second all-time school record for total yards: 5,104; 2014, 2015, & 2016 Scholar-Athlete Award, 3.5 or higher gpa during football season; Now, Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, proudly to recognize Bubba s achievements as an athlete, student, and young mentor. May his leadership continue to serve as an example for the youth of our community. The Mayor and City Council took a moment to share their memories of family members or themselves being on the football team. Further, encouraging Mr. Fludd to seek appropriate guidance when he leaves for College to ensure his continued success. He was also presented with My City, I m Part of It, I m Proud of It mementos. B. Proclaim the month of March, 2017 as American Red Cross Month. March was proclaimed as American Red Cross Month. Mayor Watford presented the proclamation to Mr. John and Mrs. Peggy Dubose, and Mr. Chuck Akers which was read as follows: Whereas, we have a long history of helping our neighbors in need. American Red Cross Month is a special time to recognize and thank our heroes those Red Cross volunteers and donors who give of their time and resources to help community members; and Whereas, these heroes help families find shelter after a home fire. They give blood to help trauma victims and cancer patients. They deliver comfort items to military members in the hospital. They use their lifesaving skills to save someone from a heart attack, drowning or choking. They enable children around the globe to be vaccinated against measles and rubella; and Whereas, the American Red Cross depends on local heroes to deliver help and hope during a disaster. We applaud our heroes who give of themselves to assist their neighbors when they need a helping hand; and Whereas, across the country and around the world, the American Red Cross responds to disasters big and small. In fact, every eight minutes the organization responds to a community disaster, providing shelter, food, emotional support and other necessities to those affected. It collects nearly 40 percent of the nation s blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills, such as lifeguarding and CPR; and through its Restoring Family Links Program, connects family members separated by crisis, conflict or migration; and Whereas, we dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time and money to fulfill its humanitarian mission. Now, Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim March, 2017 as American Red Cross Month.
V. AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today=s agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. MARCH 7, 2017 - REGULAR MEETING - PAGE 3 OF 5 Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today s agenda. New Business Item E, Exhibit 4 was added. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. VI. VII. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the meeting of February 21, 2017. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1153 by title only and set March 21, 2017, as a Final Public Hearing date, extending the moratorium on medical marijuana businesses for 180 days - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set Final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1153 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1153. b) Public comments and discussion. Council Member O Connor moved to dispense with the reading and approve the Summary of Council Action for the meeting of February 21, 2017; seconded by Council Member Clark. There was no discussion on this item. Motion and second by Council Members O Connor and Clark to read proposed Ordinance No. 1153 by title only, and set March 21, 2017, as a Final Public Hearing date, extending the moratorium on medical marijuana businesses for 180 days. Attorney Cook read proposed Ordinance No. 1153 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion and second by Council Members Clark and O Connor to approve the first reading of proposed Ordinance No. 1153. Mayor Watford asked whether there were any comments or questions from the public. There were none. Attorney Cook stated the State Legislation should have regulations put in place prior to the expiration of the extension from what he has read. Administrator MontesDeOca added, City Staff will be coordinating with the County regarding what regulations they adopt for consistency.
VII. NEW BUSINESS CONTINUED A.2.c) Vote on motion. B. Motion to appoint Mr. Cesar Romero as an Alternate for the Police Department to the City s Grievance Committee, replacing Mr. Danny Green with term being March 8, 2017, through January 31, 2018 - City Clerk. C. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest 2 nd, 3 rd, and 4 th Avenues between Northwest and Southwest Park Streets on March 10, 2017, at 5 P.M. through March 12, 2017, at 3 P.M. for the Annual Speckled Perch Festival - City Administrator (Exhibit 2). D. Motion to terminate CSX Transportation, Inc. Crossing Maintenance Agreement - City Attorney (Exhibit 3). MARCH 7, 2017 - REGULAR MEETING - PAGE 4 OF 5 Council Member O Connor moved to appoint Mr. Cesar Romero as an Alternate for the Police Department to the City s Grievance Committee, replacing Mr. Danny Green, with his term being March 8, 2017, through January 31, 2018; seconded by Council Member Chandler. There was no discussion on this item. Council Member Chandler moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street, temporarily closing a portion of Southwest 2 nd, 3 rd, and 4 th Avenues between North and South Park Streets from 5:00 P.M. Friday, March 10, 2017, to 3:00 P.M. Sunday, March 12, 2017, for the Speckled Perch Festival; seconded by Council Member O Connor. Motion and second by Council Members O Connor and Chandler to terminate the (January 21, 1992) CSX Transportation, Inc. Crossing Maintenance Agreement (for Northwest 9 th Avenue, U.S. DOT /AAR 628055-B). Attorney Cook explained the executed Agreement was to replace and maintain the railroad crossing due to extreme roughness. Section One provides the initial terms of the Agreement and reads as follows: Railroad shall provide track materials, labor and equipment necessary for removing the existing grade crossing surface and installing new full depth rubber crossing surface material and any track rehabilitation required at the aforesaid location. City shall provide for full depth rubber crossing material, barricades and resurfacing of approaches to said crossing. The City paid $16,000.00 to CSX at the time of execution. Recently, the City received an invoice for $38,000.00+/- from CSX to recoup the costs of the crossing replacement that occurred in 2015. Section four of the Agreement provides terms on replacement procedures and reads as follows: After the full depth rubber crossing surface material has been installed at subject locations, it shall hereafter be maintained in good condition by the Railroad through the useful life of such crossing surface material, and when it becomes necessary to replace or rebuild the crossing surface, Railroad will replace and maintain the crossing surface, but at the expense of the City. The City will instruct the Railroad what type of crossing surface material is to be installed upon future reconstruction.
VII. NEW BUSINESS CONTINUED D. Motion to terminate CSX Transportation, Inc. Crossing Maintenance Agreement continued. ITEM ADDED TO : E. Motion to ratify a Florida Department of Law Enforcement Grant Application No. 2017-JAGD-OKEE-1-F8-069; and accept the award in the amount of $1,952.00 for the Okeechobee City Police Department Community Policing Project - City Clerk (Exhibit 4). MARCH 7, 2017 - REGULAR MEETING - PAGE 5 OF 5 In the event funds are made available by Federal or State laws or regulations for the purpose of assuming, in whole or in part, the expense of maintaining grade crossing surfaces, nothing herein shall continue to obligate the Railroad to bear such expense to the extent that such public funds are made available for such purposes. Timber was used instead of rubber causing the crossing to become rough again, and to the City s knowledge, no input was asked for or given regarding the type of crossing surface material to be installed. Attorney Cook has written to CSX informing them the City will not pay the invoice due to their failure to comply with Section Four of the Agreement. He is recommending termination due to this fact. Council Member O Connor moved to ratify a Florida Department of Law Enforcement Grant Application No. 2017-JAGD-OKEE-1-F8-069; and accept the award in the amount of $1,952.00 for the Okeechobee City Police Department Community Policing Project; seconded by Council Member Chandler. Officer Ziegler applied for this Grant to receive funds to purchase one soft shell canopy imprinted with the City Police Badge, two folding tables, eight folding chairs, one table throw, and one literature stand to be used for the Community Outreach Program. VIII. ADJOURNMENT - Mayor Please take notice and be advised that when 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 media are for the sole purpose of backup for official records of the Clerk. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 6:34 P.M. The next regular scheduled meeting is March 21, 2017. ATTEST: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk