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1996-10-01He pKEfCArI. _ A. Call Meeting to order on October 1, 1996. B. Invocation offered by John Paul Ziegler; Pledge of Allegiance led by Mayor Kirk. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION C. Mayor and Council Attendance: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Michael G. O'Connor Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the Regular Meeting to order on October 1, 1996 at 7:00 p.m. Reverend Ziegler offered the invocation; Mayor Kirk led the Pledge of Allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present (entered chambers at 7:07 p.m.) Present Absent (Okeechobee County Canvassing Board - 2nd Primary Election) Present D. Motion to dispense with the reading and approve the Sum- Council Member O'Connor moved to dispense with the reading and approve the mary of Council Action for the Regular Council Meeting of Summary of Council Action for the regular meeting of September 17, 1996; seconded by September 17, 1996. 1 Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. PAGE 1 OF 8 X X U L 249 REQUEST FOR THE ADDITION DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. E. NEW BUSINESS Hear from Ms. Catherine Nix regarding fees charged for Future Land Use Map change - Catherine Nix (Exhibit 1). OCTOBER 1, 1996 - REGULAR MEETING - PAGE 2 OF 8 Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk advised new business item number two was requested to be withdrawn by Mrs. Andrea Nelson. By request of Mayor Kirk new business item number eight was added to discuss the handball courts on S.W. 15th Street. Ms. Catherine Nix and Mosley Collins addressed the Council explaining Ms. Nix recently applied for a small scale amendment to the Comprehensive Plan Future Land Use Map for Block 89, Lots 1 to 12, City of Okeechobee. The amendment was granted by the City Council. Ms. Nix paid the required five hundred dollar ($500.00) deposit and was reimbursed twenty-four dollars (24.00) after expenses for the amendment. Ms. Nix stated she felt her Future Land Use Map Amendment was an error and should be refunded the full five hundred dollars. Ms. Nix distributed a "Facts" sheet outlining the zoning history of her property. Council and Staff discussed how the Future Land Use Map Amendments were handled by Attorney Cook. The procedure in determining map errors was, if the property had an existing structure being used and that structure corresponded with the existing zoning, and the Land Use Designation was different, staff considered that a mapping error. The five hundred dollar deposit was reimbursed to applicants with mapping errors. This block has a single family dwelling and three duplexes on it. Only six of the lots are vacant. Administrator Drago explained that Ms. Nix was only charged for the six lots that were vacant. Instead of having Ms. Nix complete applications per lot and having to put up a five hundred dollar deposit per application he advised her to complete only one application for the entire block. 250 E. 2 OCTOBER 1, 1996 - REGULAR MEETING - PAGE 3 OF 8 NEW BUSINESS Hear from Ms. Catherine Nix regarding fees charged Council Member O'Connor pointed out that he felt this was a property rights issue for Future Land Use Map change - Catherine Nix because according to the fact sheet, Ms. Nix had this block rezoned in 1987 to (Exhibit 1). Residential General-2. She was not able to develop the property right away and in 1995 when she tried to develop the property with duplexes she could not because by then the new Future Land Use Map was adopted and designated the property to Single Family. Discussion continued. Council instructed Attorney Cook to meet with Consultant LaRue to re -look at the data and reports regarding Ms Nix's Future Land Use Map Amendment application to determine whether or not this subiect land use designation may be a mapping error; then report these findings including a recommendation back to the Council for action at the next meeting. Hear from Mrs. Andrea Nelson regarding consultant's costs III Item was withdrawn from agenda. for Zoning change - Andrea Nelson (Exhibit 2). 3. Consider a request to close the 300 block of 2nd Street Council Member Watford moved to approve the request from the Board of County between N.W. 3rd and 4th Avenue on November 5, 1996 Commissioners to close N.W. 2nd Street from 3rd to 4th Avenue from 7:00 to 10:00 p.m. from 7:00 p.m. to approximately 10:00 p.m. for spectator on November 5, 1996; seconded by Council Member Oliver. voting results -County Administrator George Long. 11 After a brief discussion between Council Member Watford, Administrator Drago and Police Chief Mobley, vote was as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X 1 251 OCTOBER 1, 1996 - REGULAR MEETING - PAGE 4 OF 8 E. NEW BUSINESS 4. Consider a request to close 6th Street between 2nd and Council Member O'Connor moved to approve the request to close S.W. 6th Street 3rd Avenues from 9:00 a.m. to 4:00 p.m. on October 5, between S.W. 2nd and 3rd Avenues from 9:00 a.m. to 4:00 p.m. on October 5, 1996 for 1996 for Founder's Day Activities - Gay Carlton (Exhibit 4). Founder's Day Activities; seconded by Council Member Oliver After a brief discussion between Council Member Watford and Police Chief Mobley, vote was as follows: KIRK X CHANDLER X O'CONNOR X OLIVER X WATFORD X MOTION CARRIED. 5. Consider a request to close 2nd, 3rd and 4th Avenues Council Member Oliver moved to approve the request to close S.W. 2nd, 3rd and 4th between North and South Park Street at 7:30 p.m. on October Avenues between North and South Park Street from 7:30 to 10:30 p.m. on October 31, 31,1 996 - Work Ministries Outreach (Exhibit 5). 1996. seconded by Council Member O'Connor. After a brief discussion between Council Member Watford and Police Chief Mobley, vote is as follows; KIRK X CHANDLER X O'CONNOR X OLIVER X WATFORD X MOTION CARRIED. 1_. 252 OCTOBER 1, 1996 - REGULAR MEETING - PAGE 5 OF 8 E. NEW BUSINESS 6. Consider an alley closing application - City Clerk Mr. Jim Davis has completed Application No. 48 requesting Council to close the alley (Exhibit 6). running North to South in Block 6 of Royal Oaks Addition. There are three additional property owners in this block and all have signed that they do not object to closing this alley. No easements are necessary to close this alley. There is a large oak tree located in the middle of the alley. An old garage was built on the property and encroaches past lithe property line and into the alley. Council Member Watford moved to instruct Attomey Cook to draft the appropriate ordinance to close the alley as requested in Application No. 48; seconded by Council Member O'Connor. After a brief discussion between Council Member Watford and Deputy Clerk Gamiotea regarding the alley closing process, vote was as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 7. Discuss Handbook - Mayor Kirk (Exhibit 7). Labor Attorney Crosland made all the changes to the proposed employee handbook as instructed by Council at the last meeting and returned the revised copy to Administrator Drago to distribute to the Council. The two unresolved issues are as follows: Worker's Compensation Benefit: Currently when an employee is on temporary total disability the worker's compensation pays two-thirds of the employee's salary. The handbook proposes a benefit to the employee that the City will pay one-third of the salary to allow an employee to receive a full pay check. This benefit has been available in the past for City employees. Labor Attorney Crosland and City Attorney Cook advised the Council that there is nothing wrong with providing this benefit, however, they suggest the Council put a maximum for the amount of time the City will contribute the one-third percent. X X X X X '- 253 OCTOBER 1, 1996 - REGULAR MEETING - PAGE 6 OF 8 E. NEW BUSINESS —� 7. Discuss Handbook continued. Council agreed to set a maximum of ninety (90) days, with requests and permission from the Council for ninety day extension(s) with medical proof that the extension is needed. There was a lengthy discussion between Council and Staff, concerning the problems with the current Worker's Compensation company and whether the representatives of Worker's Compensation should come before the Council with the employee requesting to extend the benefit for longer than the maximum allowed days because an employee can not be released by the Worker Compensation doctors. Mayor Kirk pointed out the purpose of the time limit is not to punish the employee that is doing things right but to stop the one that would try to take advantage of the benefit. Aftomey Cook also advised that Attomey Crosland should further research this to find whether it is legally appropriate for Council to ask for the medical information. The next item to resolve on the proposed handbook is: payment for unused sick leave. The Council adopted at the last meeting, (to go into effect immediately), the proposed plan provision of payment for unused sick leave after an employee has either: ten years of service and leaving the City in good standing; death after ten years of service; or normal retirement. The benefit is to be paid at a conversion rate of fifty percent (50%) of the balance of unused sick leave. In the case of death of the employee, the benefit is to be paid to the beneficiary or estate. Council Members Watford and Oliver felt that a "cap" needed to put but on the maximum amount of unused sick leave an employee can "bank". Mayor Kirk stated this benefit increase from twenty-five percent to fifty percent was his idea because with the last two employees who retired,after more than ten years of service to the City, were paid about one of four days accrued. He felt an employee who dedicated themselves so faithfully should receive more,and this might encourage more employees to not use one hundred percent of their sick leave, which in the long run would cost the City more. 254 E. NEW BUSINESS 7. Discuss Handbook continued. ITEM ADDED TO THE AGENDA. 8. Discuss the Handball Courts - Mayor Kirk. OCTOBER 1, 1996 - REGULAR MEETING - PAGE 7 OF 8 Council Member Watford suggested if not a cap then a "pro rate" along the idea of after service of ten years you receive twenty-five percent, twenty years you receive thirty-five percent and thirty years you receive the fifty percent. Discussion continued. Council Member O'Connor moved to leave the payment for unused sick leave as it is; seconded by Council Member Chandler. Council decided to keep the option open to look at this item to put some time of "pro rate" payment for unused sick leave for future employee's. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk stated that the handball courts located at S.W. 15th Street and 3rd Avenue are operated by the County. Since the opening of the new sports complex these are not used for handball recreation but have been vandalized, there is gang graffiti sprayed on it and activities that should not be going on are happening inside them. He requested Council's permission to instruct Administrator Drago to write a letter to the County stating the City's concerns and either fix them up to be used as they were intended or tear them down. Council agreed. Council Member Watford stated it was his understanding that they would be torn down when the construction of the new library begins, which is proposed for that property. Council Member O'Connor also added that when he lived next to the handball courts every time the County would paint the courts the very next night they were vandalized with spray paint again. X X X X F 255 A Adjournment - Mayor Kirk. 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. A tape recording of this meeting is on file in the City Clerk's Office. James E. Kirk Mayor @-M, I/J_ m Bonnie S. Thomas, City Clerk OCTOBER 1, 1996 - REGULAR MEETING - PAGE 8 OF 8 There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:12 p.m. on October 1, 1996.