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1996-12-17 Regular Meeting292 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on December 17, 1996. B. Invocation offered by Reverend John Paul Ziegler; Pledge of Allegiance led by Mayor Kirk. 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 D. Motion to dispense with the reading and approve the Sum- mary of Cour I Action for the Regular Meeting of November 19, 1996 and the Workshop of December 3, 1996. Mayor Kirk called the regular meeting to order on December 17, 1996 at 7:19 p.m. Council Member Dowling Watford offered the invocation; Mayor Kirk led the Pledge of Allegiance: Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of November 19, 1996 and the Workshop of December 3, 1996; seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. PAGE IOF10 X X X X X 11 1'1 X 293 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA. E. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 1. a. Motion to read by title only Ordinance No. 699 - City Attorney (Exhibit 1). 1. b. Public Comment 1. c. Motion to adopt Ordinance No. 699. DECEMBER 17, 1996 - REGULAR MEETING - PAGE 2 OF 10 Mayor Kirk asked if there were any additions, deferrals or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 7:21 P.M. Council Member Watford made a motion to read by title only proposed Ordinance No. 699; seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 699 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE ENACTED PURSUANT TO THE PROVISIONS OF CHAPTER 166.041(3)(B), FLORIDA STATUTES, WHICH ORDINANCE RE-ENACTS THE PROVISIONS OF CHAPTER 19, CODE OF ORDINANCES; WHICH ADOPTS A ZONING CODE; WHICH SETS FORTH PROCEDURES FOR REZONING OF PROPERTY/ WHICH ESTABLISHES A BOARD OF ADJUSTMENT AND APPEALS; WHICH ESTABLISHES A BOARD FOR ZONING, PLANNING AND DEVELOPMENT; WHICH PROVIDES FOR A DATE OF TERMINATION; WHICH PROVIDES FOR SEVERABILITY; AND WHICH PROVIDES AN EFFECTIVE DATE." Mayor Kirk asked if there were any questions or comments on this ordinance. There were none. Council Member Oliver moved to adopt proposed Ordinance No. 699; seconded by Council Member Watford. X X X X X 294 E. PUBLIC HEARING FOR ORDINANCE ADOPTION 1 1 2. c. Motion to adopt Ordinance No. 699 continued. d. Vote on motion. DECEMBER 17, 1996 - REGULAR MEETING - PAGE 3 OF 10 Council Member Watford asked if the City Council was going to officially appoint themselves as the Board of Adjustments and Appeals? Attorney Cook advised that it should take about sixty days to get with Administrator Drago on the few changes needed to the proposed land development regulations and get them advertised for public hearing and adoption and that it was possible that all this could be done before there was another rezoning request. Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. a. Motion to read by title only, Ordinance No. 700 -III Council Member Watford moved to read by title only, proposed Ordinance No. 700; City Attorney (Exhibit 2). seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 700 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." X X X X X X X X X X 4 295 E. PUBLIC HEARING FOR ORDINANCE ADOPTION 2. b. Public Comment 2. c. Motion to adopt Ordinance No. 700. 2. d. Vote on motion. Close Public Hearing F. NEW BUSINESS 1. Presentation regarding Street Addressing Project - Robert Horne (Exhibit 3). DECEMBER 17, 1996 - REGULAR MEETING - PAGE 4 OF 10 Mayor Kirk asked if there were any questions or comments from the public. There were none. Council Member Oliver moved to adopt proposed Ordinance No. 700; seconded by Council Member Watford. Vote on motion: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7:26 p.m. Mr. Robert Horne of Eagle Eye Designs addressed the Council with a presentation on a City GIS (Geographic Information System). Mr. Horne explained he was hired by the City to format a GIS containing the City's parcel information, roadways; then to add to that addressing information that is existing; and then on top of that add addresses for future development and set up an addressing grid so that the incorrect addresses could be corrected. There is an electronic copy of that software file, the base map, in the building and at a local surveyors office as well. Mr. Horne expanded on his presentation of all the areas and departments that can benefit from a GIS. He recommended the Council purchase the software system and begin a new addressing system for the City. Hire at least one part-time person, he recommended a high school student familiar with GIS programs. He also elaborated that the County Property Appraiser's Office has begun the County's GIS and it is very good and that working with that office will be very helpful to the City. X X X X X mil; DECEMBER 17, 1996 - REGULAR MEETING - PAGE 5 OF 10 F. NEW BUSINESS Presentation regarding Street Addressing Project Administrator Drago also commented that, one of the things a lot of other cities and continued. counties are doing, as part of their Land Development Regulation's (LDR's) is to require certain size numbers on houses, simply for the reason that an emergency vehicle will be able to go down the street and locate those houses readily. When the Council goes into workshop sessions that may be something to address in the our particular LDR'S. Mayor Kirk stated, "probably in the past we did not need it, and maybe we do not need it this minute. But if we do not make a move in that direction it can only be worse later. I think there is going to be a time when a systematic numbering system is important to us especially as we grow so that you can go from one place to another if you are not familiar with the streets without a great deal of difficulty. I would say that we need to start this process and at least by doing this the new places when we issue building Permits we can put correct addresses on those and then let the Administrator get with Mr. Home and work out something as far as what we can do phase wise and start changing them as the Council sees fit." Mr. Home advised he will be available for the next six months to help get started and set up a time line, any scheduling and any problems that arise he would make himself available to assist in any problems that the City may have getting started. Mayor Kirk then asked if the Council wanted to give Administrator Drago direction to go with this? All Council members responded yes. 2. Motion to approve a resurfacing contract for median Council Member Watford moved to approve a resurfacing contract for a median strip with strip with Uro-Tile, Inc. in the amount of $19,708.00 - Uro-Tile, Inc. in the amount of nineteen thousand, seven hundred eight dollars City Administrator (Exhibit 4). ($19,708.00); seconded by Council Member Chandler. T 297 F. NEW BUSINESS 2. Motion to approve a resurfacing contract for median strip with Uro-Tile, Inc. in the amount of $19,708.00 - City Administrator (Exhibit 4). 3. Discuss a driveway closing at City Hall - City Administrator. DECEMBER 17, 1996 - REGULAR MEETING - PAGE 6 OF 10 l Following brief discussion, vote is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Administrator Drago advised the Council that he spoke with Police Chief Mobley and Public Works Director Elders on the safety hazard the entrance only drive created in the City Hall parking lot. He requested permission from the Council to close the driveway after the Okeechobee Utility Authority moves their offices from the building. Council Member Watford asked if that would leave enough ingress and egress to the City Hall parking lot Chief Mobley and Administrator Drago responded, yes. Council Member Watford moved to approve closing the Northwest entrance driveway (off State Road 70 East), seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X DECEMBER 17, 1996 - REGULAR MEETING - PAGE 7 OF 10 F. NEW BUSINESS 4. Discuss the sale of City Property - City Administrator Administrator Drago explained to the Council that Mr. Murphy approached the City (Exhibit 5). concerning purchasing a piece of property (approximately 60 feet x 223 feet in size) next to his lot on Taylor Creek where the old wastewater treatment plant use to be. The Council discussed proceeding with the sale of the property. It was discovered that there was a clause in the deed that should the City no longer wish to own the property that the previous owner, Roger Jones would have first option to purchase it. Mr. Jones was contacted and has released his first option to buy. Mr. Murphy is still interested in purchasing the property. Attorney Cook used the same formula that is used in the property appraisers office when determining the selling price of streets and alley's and offered Mr. Murphy the property for five thousand dollars. Mr. Drago advised that he would need the Council's approval for the price before he could sell it. Council then discussed the price of property along Taylor Creek, Council Member Oliver felt the amount suggested by Attorney Cook was very low. Council also discussed that the Army Corp of Engineers has an easement on this property making it hard to develop. Council discussed this item at length. Council Member Oliver moved to not sell the Property for five thousand dollar ($5 000) at this time and research whether or not the easement can be removed; seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 5. Discuss the Finance Department - City Administrator This item is concerning the new position in the finance department that takes the place (Exhibit 6). 11 of the Finance Director position as recommended in Exhibit Six by a memorandum to the Mayor and Council from Administrator Drago stating the following: X X X X X 299 F. NEW BUSINESS 61 91 Discuss the Finance Department continued. Discuss the appointments to the OUA Board - City Administrator (Exhibit 7). DECEMBER 17, 1996 - REGULAR MEETING - PAGE 8 OF 10 Replace the Finance Director position with a Finance Coordinator. This position performs professional and administrative accounting work in maintaining the fiscal records and systems of the City. This position would coordinate all insurance claims and workers compensation claims, assist the auditors in the preparation of the annual report and City Administrator with the annual budget. The salary would be $24,000/year. Council agreed that this was what they were looking for when they discussed this item at the last meeting. Council Member Watford wanted to be sure the City's checks and balance system was also protected and that the City should have the auditors look at the system and make sure the City is protected. Mayor Kirk also agreed that the City needs duel controls in place, to have the proper safe guards in place and to see that they are managed properly and falling under the new personnel polices and procedures. Also, since the Council moved the Finance Department under the direction of the Administrator, he will do the hiring and advise the Council of who was hired for the position. Council Member Watford moved that we replace the Finance Director position with a Finance Coordinator with the annual salary of $24,000.00; seconded by Council Member O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Administrator Drago advised the Council to postpone a decision on this agenda item until the next Council meeting. X X X X X 300 DECEMBER 17, 1996 - REGULAR MEETING - PAGE 9 OF 10 F. NEW BUSINESS Council Member Oliver move to table the appointments to the Okeechobee Utility 6. Discuss the appointments to the OUA Board Authority Board; seconded by Council Member O'Connor. continued. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 7. Discuss the Okeechobee Legislative Delegation Council Member Watford addressed the Council explaining he sent the Council, (in Meeting - Councilman Watford (Exhibit 8). Exhibit Eight), a copy of the press release announcing the annual Okeechobee Delegation Public Hearing to be held January 15,1997 at 1:30 in the Okeechobee County Commission Chambers. The City usually sends someone to represent them and present any items the City might have. Mayor Kirk requested and Council agreed, that Council Member Watford represent the City at the Legislative Delegation. Council Member Watford accepted. Council Members are to give any items they wish discussed to Administrator Drago to forward to Council Member Watford. 8. Update on the gas tax issue - City Attorney. Attorney Cook advised the Council he and Administrator Drago met with Attorney Bill Townsend of Holland and Knight. Attorney Townsend is a former General Counselor Lead Attorney for the Department of Revenue and is now in private practice. The purpose of the meeting was concerning the City's opinion that the Department of Revenue improperly calculated the percentage of gas tax shared revenues based on some memorandums between the City, the Department and County Administrator Long. Attorney Townsend has stated that the City has a good case, the estimated cost to hire Attorney Townsend to pursue the issue to get more percentage of the gas tax revenue would be between twenty-five thousand to forty thousand dollars. The forty thousand dollar figure is if the City had to pursue the issue all the way to the Department of Administrative Hearings (DOAH). X X X X X 301 F. NEW BUSINESS 8. Update on the gas tax issue continued. 9. Motion to adopt Resolution No. 96-10 - City Administrator (Exhibit 9). ADJOURNMENT 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' a based. A tape recording of this meeting is on file in the City Clerk's Office. James E. Kirk, Mayor ATTEST: `_' onnie S. Thomas, CMC, City Clerk DECEMBER 17, 1996 - REGULAR MEETING - PAGE 10 OF 10 Administrator Drago advised that if the City won, they could see an additional two hundred fifty thousand dollars per year. Discussion ensued, Council Member O'Connor asked if any other cities were having to do this or had done it and come out successful? Administrator Drago responded, yes they have, he did not know the names of the cities except the City of Stuart was also just starting the process. Council agreed for Attorney Cook to meet with Attorney Townsend again to go over all the items for Attorney Cook to get a better "comfort level" and come back to the Council with a recommendation. Council Member O'Connor moved to adopt proposed Resolution No. 96-10 concerning an increase in garbage collection fees; seconded by Council Member Oliver. This resolution is due to an increase in the tipping fees at the landfill. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9.25 p.m. X X X X X