Loading...
1982-02-18 Special Session3012 82 -18 82 -18 82 -18 BUILDING AND ZONING Chairman Harvey stated he has no doubt double taxation does exist in the Building and Zoning Departments. Harvey informed the City the County is presently making plans to adjust fees in order to make the Building Department self- supporting. CONCLUSIONS City Attorney Conlon requested that the County analyze the report and come back to the City with a written proposal. The City is to the point now where they need some working papers from the County. Members of the City Council and County Commissioners agreed the meeting had been beneficial. County Attorney VanLandingham stated the County is required to respond to the original Resolution within 90 days which they intend to do. ADJOURNMENT Meeting adjourned at 10:45 P.M. ATTEST: AVAAer Bonnie S. omas City Clerk City of Okeechobee Edward W. Douglas Mayor /Chairman City of Okeechobee SPECIAL SESSION THURSDAY, FEBRUARY 18, 1982 The City Council of the City of Okeechobee, Florida, convened in special session in the City Council Chambers, City Hall, Okeechobee, Florida, on Thursday, February 18, 1982. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobley and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order at 7:05 P.M. and informed Council members the purpose of this special meeting was to study the proposal presented to the City Council by the County Commissioners in an attempt to resolve the double taxation issue. Councilman Watford referred to the portion of the proposal which states "This proposal is made on the condition that acceptance by the City will operate to completly resolve the issue of "double taxation" and the City will relinquish and release any further claim against 3013 the County in relation to these and any other services in regard to alleged "double taxation "." Councilman Watford explained that he understood this statement to mean this ends the question of double taxation forever. Attorney Conlon cautioned the Council on this stipulation in the proposal stating that the possibility of a settlement should be structured so that it is for the ensuing fiscal year. Councilman Burk voiced his oposition to the fact this proposal gives the impression it is "from now on" in that City taxpayers are going to receive no real and substantial benefit for double taxation that has existed in the past. Councilman Burk elaborated on the fact the County has taken into consideration the benefit of visibility of Sheriff vehicles within the City. Burk contends that the visibility of the City Police vehicles off -sets any benefit of the visibility of Sheriff vehicles. Assistant Fellows informed the Council that in all the court cases he is familiar with, there have been no money judgements allowed for past taxes. Attorney Conlon questioned the structure of Paragraph 2 in regard to the Road and Bridge (Transportation Trust fund). Conlon explained that under statute, of the cent that is returned to the County, 50% goes to the County and 50% goes to the City. Because this item is statutory, it should be extracted from the budget. It seems our 50% is being used to complete the 17% of the trust fund. Councilman Watford pointed out the fact that Paragraph 6 refers only to the Sheriff's road patrol and does not address the investigation department. Since the City has their own investigation department, Councilman Watford stated this item should be included in the reimbursement for the Sheriff's budget. Councilman Watford also questioned the cost to the City of taking over complete maintenance of all paved roads within the City. In response to Councilman Watford's concerns, Assistant Fellows explained that the County has agreed to remit to the City 17% of the amount claimed as double taxation for the investigation division of the Sheriff's Department. Fellows further stated he had been in touch via telephone with Mr. Kelton and Mr. Strube relative to the County's stipulation that the City take over complete maintenance of the paved roads within the City. Mr. Kelton and Mr. Strube will respond to this stipulation by letter to the Council. On the recommendation of Councilman Chapman, the items in the proposal were discussed on an individual basis. 1) County Building and Zoning Department Council members expressed no concern over the proposal made for this item. 2) Road and Bridge (Transportation Trust Fund) County Attorney Van Landingham discussed the County's standpoint on this item stating the County is obligated to pay 82% and have agreed to pay the entire 17 %. Van Landingham further 3014 82 -18 stated the County has no intention of offering more than required by law. Council members discussed at length the County's proposal to resolve this portion of the double taxation issue with County Attorney Van Landingham. 3) County's Fire - Rescue Budget Chairman Douglas questioned Commissioner Lashley in regard to four dispatchers the Fire - Rescue Department has, being included in the operating budget. Commissioner Lashley responded that the additional dispatchers had been alloted for in the Sheriff's budget. 4) Fire Truck Payment Council members voiced no oposition to this portion of the proposal. 5) Forrestry Service Councilman Watford stated this proposal was a good compromise as far as the County was concerned. 6) Sheriff's Road Patrol Councilman Watford stated investigations does need to be included in this portion of the proposal. Assistant Fellows explained to the Council that Mr. Kelton and Mr. Strube felt the 82% offered by the County was a good, reasonable offer. Fellows further explained the City must decide if they wish to pursue any further the difference between the 13.66% (17% less 3.34% real and substantial benefit identified by the study) and the 82% offered by the County (5.16 %). County Attorney Van Landingham stated he felt the County had come more than half way by offering 82 %. Commissioner Lashley stated that given the visibility, accessability and given court cases, the County has made more than a substantial offer. Councilman Burk expressed his feeling that double taxation does in fact exist in the Sheriff's Road Patrol and the visibility of Sheriff's vehicles is offset by the visibility of City Police vehicles. Burk further stated he felt the proposal of 82% is low. Councilman Watford agreed with Councilman Burk in that 8i% is a low figure. Watford further stated he could compromise off the 13% and would have no objection to making the figure 10 %. Chairman Douglas agreed that 10% would be a compromise on the City's part and would be justifable. OVERHEAD AND ADMINISTRATION Assistant Fellows informed the Council a part of the City's response to the County in our proposal for acceptance of any of the issues should contain a provision which will require that the County allocate those overhead and administrative expenses in thier next budget so that they are reflected in the proper departments. This information gives taxpayers and elected officials a better indication of how much it costs to run a department. LI 3015 Councilman Watford stated that if the City accepts the Road issue proposal, the County should be reminded of the Resolution requiring their budget comply with the Florida Statute. County Attorney Van Landingham stated, for the record, the 1982 -83 County Budget will comply with that provision of 129. Councilman Watford questioned if this solution is the best for all taxpayers. Council members discussed several alternatives including M.S.T. Units and direct rebate to City residents. Council members briefly discussed items which must be resolved at the regular Council meeting on February 23rd, including further clarification on the Road and Bridge, the length of time this proposal covers, and the 82% proposal for the Sheriff's Road Patrol. FIRE DEPARTMENT MERGER Assistant Fellows informed the Council he had been working with Fire Chief Tomey on a proposal for the City- County Fire Department merger. Fellows further explained the problem was approached on the basis the City could offer the County 20 years of experience. Mr. Fellows explained that a proposal has been prepared whereas the City would take over fire as well as all rescue operations within the County under an interlocal agreement provided for in Chapter 163 of the Florida Statutes and that the County remit to the City their pro -rata share of the expenditures. Budgetary figures for the County Fire Department were taken from the publicized budget and assuming these figures are correct, the following proposed budget for a merged department is given. County Fire- Rescue Budget $364,307 City Fire Budget 260,442 Total $624,749 Less Revenues Total Combined Budgets Less Additional Revenues for improved collection on fees and interlocal agreements with St. Lucie, Martin & Glades Counties Less Reduced Operating Expenses: Dispatchers $28,000 Volunteer Pay 2,000 Supplies 1,000 Travel 1,300 Education, Books 1,000 Gas & Oil 3,000 $36,350 Total Operating Budget 36,000 $588,749 14,000 $574,749 $ 36,350 $538,449 Combined City - County Fire Rescue operation would be approximately $50,000 less than the current combined budgets. Assistant Fellows informed the Council the City is in a position to immediately set up a sub - station on Highway 441 South to house an ambulance and necessary fire equipment, man 3016 it with two full -time personnel (24 hours a day, 7 days a week). Fellows further stated he has a firm five -year commitment for the property, housing facilities and the facilities to house the ambulance and fire equipment. If agreed, the County would remit to the City their pro -rata share of the expenses for this year. Assistant Fellows explained that the agreement provides for recognition of the County employees retirement contribution in that the County system is non - contributory. Councilman Chapman stated he felt this is something the people of the County have wanted for several years, a sub - station in the Treasure Island location. County Attorney VanLandingham requested the exact location of the sub - station. The consensus of the Council was not to reveal the location until further progress was made on the agreement. Councilman Knight stated he came to this meeting with a similar proposal in mind. Councilman Watford stated this proposal is in line with what he had in mind with the exception of the rescue. Watford further stated he agreed the proposal would take some study as it would be a big step for the City. Councilman Burk voiced his opinion that the majority of the population is for the merger. There are specifics that will have to be worked out. Burk further stated he has no real problem with the proposal but we must merge for the benefit of the taxpayers. Councilman Chapman stated he had no real problem with the proposal. Chapman further stated in his opinion the entire County is in favor of a merged fire department. After further discussion, Chairman Douglas stated the Council unamiously agreed on the concept of the agreement. Assistant Fellows and Chief Tomey will work further on the details in order for the Council to take official action at the February 23rd meeting to present the agreement to the County as a negotiatable proposal. DISCUSSION BETWEEN COUNCIL MEMBERS NOT RELATIVE TO DOUBLE TAXATION ISSUE Council members discussed calls from Mr. and Mrs. Dixon relative to trash being piled on the creek bank across from their residence. Councilman Watford stated he had contacted Mr. Westbrook and had been informed by Westbrook the property is privately owned and the owner could continue to use old building materials, etc. to fill in the canal that had been dug from the marina out to Taylor Creek. ADJOURNMENT Special meeting of the Okeechobee City Council adjourned at 9:10 P.M. ATTEST: r %%1 F Bonnie S. Thomas City Clerk City of Okeechobee T Edward W. Douglas Mayor /Chairman City of Okeechobee (1r TI AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS SPECIAL MEETING FEBRUARY 18, 1982 7:00 P.M. I. Double Taxation II. Fire Department Proposal