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2001-02-20 RegularCITY OF OKEECHOBEE FEBRUARY 20, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: February 20, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Emmaline Dames; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 6, 2001 Regular Meeting. PAGE 1 OF 8 Mayor Kirk called the February 20, 2001 Regular City Council Meeting to order at 6:00 p.m. Due to the absence of Pastor Dames, Council Member Clayton Williams offered the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the February 6, 2001 Regular Meeting; seconded by Council Member Oliver. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS YEA MOTION CARRIED. 103 104 FEBRUARY 20, 2001 - REGULAR MEETING - PAGE 2 OF 8 V. WARRANT REGISTER - City Administrator. A. Motion to approve the January, 2001 Warrant Register: Council Member Watford moved to approve the January, 2001 Warrant Register in the amounts: General Fund - two hundred forty-seven thousand, four hundred -fifteen dollars and eighty-nine cents, ($247,415.89); Emergency and General Fund ....................... $247,415.89 Disaster Relief Fund - fifty-two thousand, nine hundred ninety-five dollars and fifty Cents, ($52,995.50); Public Facility Emergency & Disaster Relief Fund ....... $52,995.50 Improvement Fund - six hundred one dollars and twenty-five cents, ($601.25); seconded by Council Member Oliver. Public Facility Improvement Fund .......... $601.25 VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III The Mayor informed those present that Item D. under New Business, Resolution 03-01 has been withdrawn. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to remove from the table the adoption of proposed Council Member Watford moved to remove from the table the adoption of proposed Ordinance No. 764; seconded by Ordinance No. 764 - City Attorney (Exhibit 1). 111 Council Member Oliver. There was no discussion on this item. 1191" KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. 2. a) Discussion on motion to amend Ordinance No. 764 to require a 35 After removing the motion from the table the Council discussed the motion to amend being to "require a 35 foot foot easement on the North side of the alley in Block 10. easement on the north side of the alleyway in Block 10". Further discussion ensued concerning access through the alley and whether or not the city should pursue the need for a 35 foot easement. Mr. Jim Byrd, owner of the subject property stated that he did not wish to give an easement, but was willing to sign an agreement not to block or fence the alley in any way as long as he owned his property. FEBRUARY 20, 2001 - REGULAR MEETING - PAGE 3 OF 8 105 %Al. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Discussion on motion to amend Ordinance No. 764 to require a 35 Council expressed further concerns in having a street dead end in an alleyway and that if it became necessary the city foot easement on the North side of the alley in Block 10 continued. could have a one way alley to at least have access to a traffic outlet. Attorney Cook interjected that the motion to amend was based upon whether or not the owner will allow an easement. After further discussion Council Member Oliver expressed that he did not feel there was enough traffic there to warrant holding up the project any longer. Council Member Chandler informed that he went to the site a few days ago to look at the matter. Originally it dead ended at a set of cow pens, and that Mr. Byrd put in the access through there himself. He also felt the city should go ahead with the project and get that water cleaned up on that site. b) Vote on motion to amend. VOTE ON MOTION TO AMEND KIRK - No CHANDLER - No OLIVER - No WATFORD - No WILLIAMS - No MOTION TO AMEND DENIED Council Member Williams called the question c) Vote on original motion. (Original motion: "Motion by Council Member Oliver and seconded by Council Member Williams to adopt Ordinance Number 764") VOTE ON ORIGINAL MOTION KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 766 regarding a NOTE: INSTRUCTIONSTO COUNCIL BYTHE CITY PLANNING CONSULTANT AT THE FEBRUARY6T"MEETING, re -zoning submitted by Robin Lamb and Michelle Connelly, Petition THIS ITEM SHOULD BE TABLED UNTIL THE FUTURE LAND USE MAP AMENDMENT APPLICATION HAS BEEN No. 01-001-R - City Attorney (Exhibit 2). 1 CONSIDERED BY THE LAND PLANNING AGENCY AND THE CITY COUNCIL. After consideration of the above information, Council Member Watford moved to table Ordinance No. 766; seconded by Council Member Oliver. 106 FEBRUARY 20, 2001 - REGULAR MEETING - PAGE 4 OF 8 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 766 by title only. 2. a) Motion to adopt proposed Ordinance No. 766. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - MAYOR. VIII. NEW BUSINESS. A. Review letters on interest received regarding OUA Board Appointments (Exhibit 3). No action. No action. No action. None. VOTE ON MOTION TO TABLE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO TABLE CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. Council was informed that two letters of interest had been received from The Blue Heron subdivision area and there had been a question as to whether or not this is an OUA service area since Blue Heron has its own water system apart from the OUA. Attorney Cook has reviewed this service area question and determined that the OUA Service Area encompasses the entire city and county whether or not it is currently being serviced by the OUA today. So that means applicants from Blue Heron could be eligible for consideration to serve on the OUA Board on behalf of the city. Council Member Oliver informed Council that George Long,(County Administrator), had also expressed interest in becoming an OUA Board Member Representative for the city. Council Member Oliver made a motion to appoint George Long to serve a four (4) year term as the regular member to the OUA Board as a cily representative, also to re -appoint Johnny Mack Kinsaul to serve a two (2) yearterm as the alternate memberto the QUA Board as a city representative; Motion was seconded by Council Member Chandler. FEBRUARY 20, 2001 - REGULAR MEETING - PAGE 5 OF 8 107 \III. NEW BUSINESS CONTINUED. A. Review letters on interest received regarding OUA Board Appointments continued. Council Member Watford questioned whether this would be a conflict with the County. Attorney Cook informed the Council that such an appointment is not prohibited by the Interlocal Agreement. Mayor Kirk also informed the Council that the rules that we have to follow to appoint a member include: they cannot be elected officials and they must live in the City but cannot work for the City. So other than that anyone with interest we could appoint as long as they meet those rules. Council Member Watford asked, then the County could not appoint him (George Long), but we could? Attorney Cook affirmed that is correct. He further commented that back when our agreement was reached that formed the OUA we had an active lawsuit with the County and Okeechobee Beach Water Association. A dispute over the service area. It was then discussed that we select certain board members for certain terms to consider the City's interest during their term and there is nothing wrong with that, you want them to meet the needs of the City. Council Member Oliver stated that Mr. Long has knowledge of the Fire Service, fire hydrant issues, and the OUA and that we need more information from the OUA. And these are reasons he would be a good representative for us. Also, we need to know more of what is going on at the OUA. Like, (we have a status report here at the City and that keeps the Council informed). It would be nice to hear from the OUA once in a while. We need people on the board that will give us information and to hear from the Executive Director once in a while particularly on upcoming projects prior to budget time each year. Not like it is now. Mayor Kirk stated that he did not have any objections to Mr. Long serving. He is qualified to sit there and we definitely need communication from the OUA. Council Member Watford commented that we are making a definite statement by doing that. I knowthe whole theory behind the OUA was to take the politics out of the water and sewer business. Maybe this is the way to go, I do not know, we are kind of in a way getting back into that, and I hope no one takes this personal. I feel that everybody that has applied is to be commended and understands we appreciate their interest. Attorney Cook stated, yes we commend anybody with interest to serve on these boards. Council Member Oliver continued his comments concerning the OUA and said he thought we all were to have input as to where or what direction OUA was going and that all parties had an interest and should have input and did not think this is putting us back into the politics of it. Mayor Kirk stated that the four -fifths vote always helps. It removes politics about as far away as possible. We do need to know more from the board in the planning stages of their projects, and commented that he has some of the same concerns as Council Member's Oliver and Watford. If we have got a line going in somewhere we need to know it. He was not happy with the statement at the last meeting that was said about the OUA has a plan of one or two years and believe we can work towards that, it was not a satisfactory answer to this Council. 108 FEBRUARY 20, 2001 - REGULAR MEETING - PAGE 6 OF 8 VIII. NEW BUSINESS CONTINUED. A. Review letters on interest received regarding OUA Board If this (appointment) will accomplish communication for us I am for it, the only problem we have got with OUA, we have Appointments continued. met so many times and do not settle anything. We are not in the same mind set when we leave the meeting. Again I echo what Council Member Watford said, nothing against anyone who applied, this is a task that no one will thank you for but will criticize you for, and they have my respect. Council Member Williams asked if this motion passes, what happens if he (Mr. Long) leaves county employment? Can he still serve on the board? Mayor Kirk informed that provided he remains a city resident he can still be on the board, same as any other board. Mayor Kirk stated we need to send a note to the people who expressed an interest in serving and express to them our appreciation for their willingness to serve because it is not a pleasant task they are embarking on and asked the Clerk to send letters and he would be happy to sign them. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - NO WILLIAMS - YEA MOTION CARRIED. B. Discussion regarding Southwest 12"' Avenue street closing - Mayor Mayor Kirk informed the Council that after receiving a couple of telephone calls concerning the matter he and the City Kirk. Administrator drove down to Southwest 12"' Avenue to look at things there and could not find a real solution to correct the problem. One thing the City could look at is guardrails. South from Johns Auto there are some places that are really close. There is also one tree in the area. He recommended to Council that Public Works Director Robertson look at the possibility of placing guardrails along the West side of Southwest 12"' Avenue, to see what that cost would be, and see if there is any way at all it can be brought up to any kind of code. Council Member Watford questioned whether it would me cheaper to install culverts. Council Member Chandler commented no. It is the main drainage ditch there. Mayor Kirk commented that it is a "Catch 22" situation. We blocked one part and that still does not solve that problem nowthe alley is being used behind where it is blocked. The road is so narrow I do not think we can make it one way and 11 filling the ditch just will not do. We need to re-examine it. FEBRUARY 20, 2001 - REGULAR MEETING - PAGE 7 OF 8 109 VIII. NEW BUSINESS CONTINUED. B. Discussion regarding Southwest 12' Avenue street closing continued. C. Motion to temporarily close the portion of Southwest 2"d, 3'd, 4 h, 5t and 6" Avenues between North and South Park Street on March 10, 2001 and March 11, 2001 from the hours of 7:00 a.m. to 7:00 p.m. daily for the Speckled Perch Festival - City Administrator (Exhibit 4). D. Motion to adopt proposed Resolution No. 01-3 placing residential trash billing on tax roll - City Administrator (Exhibit 5). E. Discussion on GRIT situation/status - City Attorney. Public Works Director Robertson commented that guardrails are not all that needs to be done there. Every street coming into (Southwest 12th Avenue), that thing is going to have to have a triangle reflector, it will take three of those plus directional's. After further discussion by Council, Mayor Kirk instructed PW Director Robertson, as soon as you can get the time and reach the point when you can talkto us about it, gather information on the condition of Southwest 12th Avenue along the City/County ditch. Then let Mr. Veach know and get on the agenda to report back to Council vAth some suggestions as to how the City can try to solve the problems discussed so the road can be used safely by the public. Either by installing guardrails, or whether it should be closed or what other suggestions you might have for Council to consider. Council agreed. Council Member Watford moved to temporarily close the portion of Southwest 2"d, 3`d, 4"', 5" and 6t" Avenues between North and South Park Street on March 10, 2001 and March 11, 2001 from the hours of 7:00 a.m. to 7:00 p.m. daily for the speckled Perch Festival; seconded by Council Member Chandler. Council questioned the 7:00 p.m. time and asked Police Chief Davis about the times scheduled for closing the streets and he commented we open the streets up as soon as possible after the crowd disperses. And there is no problem. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. THIS ITEM WITHDRAWN FROM THE AGENDA. Attorney Cook broughtthe Council up to date on the progress of the GRIT Workers' Compensation Insurance situation. There was a lengthy discussion between the Council and Staff. Based on Attorney Cook's recommendation, the Council authorized Administrator Veach to contact and retain a civil attorney who is well versed in insurance law to obtain an opinion as to whether its advisable to take any other avenues to see if the City can be reimbursed on Bettye Taylor's claim. 110 FEBRUARY 20 2001 - REGULAR MEETING - PAGE 8 OF 8 x0l. NEW BUSINESS CONTINUED. E. Discussion on GRIT situation/status continued. Note: There is a verbatim transcript on this item on file in the Office of the City Clerk. VIII. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:05 p.m. 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 TESTIMDNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTf S.T: James . Kirk, Mayor Bonnie S: Thomas, CIVIC, City Clerk