CITY OF OKEECHOBEE DECEMBER 15, 2015 REGULAR CITY COUNCIL MEETING 55 SE 3 RD AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 I. CALL TO ORDER Mayor December 15, 2015, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation to be given by Reverend James Shevlin, Church of Our Saviour; 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 Mike O=Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Marcos MontesDeOca City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today=s agenda. V. PROCLAMATIONS AND PRESENTATIONS Mayor A. a Five Year Longevity Service Award to Josh Sanders, Fire Department. Mayor Kirk called the December 15, 2015, Regular City Council meeting to order at 6:00 P.M. The invocation was offered by Reverend Shevlin of Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent (Major Peterson was in attendance) Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today=s agenda. New Business E was added on the revised published agenda to award a bid to Everglades Farm Equipment. On behalf of the City, Mayor Kirk and Fire Chief Smith presented to Mr. Josh Sanders an engraved silver pen and a framed certificate which read, In recognition of your five years of service, hard work, and dedication to the City of Okeechobee, its citizens, and your fellow employees, as a Firefighter and Emergency Medical Technician from December 16, 2010 to December 16, 2015. Mr. Sanders, accompanied by his wife, offered his appreciation to serve the community.
COUNCIL ACTION - DISCUSSION VOTE DECEMBER 15, 2015 REGULAR MEETING - PAGE 2 OF 6 V. PROCLAMATIONS AND PRESENTATIONS CONTINUED B. Centennial Creative Writing Contest Awards. The Centennial Celebration Ad Hoc Committee (CCAHC) sponsored a Creative Writing contest for all students in public, private and home schools of Okeechobee County, grades 3 rd to 12 th. The students had two options for creating their fictional narrative. They could portray their personal interaction with one of the following historical figures: Peter Raulerson, Louisiana Chandler Raulerson, Billy Bowlegs II, Lewis M. Raulerson, Ellis Meserve, Henry H. Hancock, Captain Tom Bass, Pogy Bill Collins, Will Harp, David R. McNeill, Dan McCarthy, Dr. Roy Darrow, Mrs. Anna Darrow, Reverend Connie Dean, Colonel Hamrick, Walter Sherman, William J. Hendry, Gilbert Culbreth, Sr., Victor Domer, Tantie Huckabee, Buster Farrell, Cornelius Vanderbilt Raulerson, Will Lee Coates, J.O. Pearce, Sr., or Tom Conley, II. Or, their involvement in one of the following historical events: the Okeechobee Land Company plans the Town of Okeechobee, the railroad comes to Okeechobee, the early stores and businesses on North and South Park Streets, the early churches, the early schools, the hurricane of 1928, or the early industries: newspaper, fishing, lumber, sawmill, canning plant, cattle, or citrus. On November 15, there were 33 Elementary entries received from 3 rd to 5 th grades, eight Middle School entries from grades 6 th to 8 th and five High School entries from grades 9 th to 12 th. Each story was scored based on 4 categories: Topic; Organization; Style; Grammar and Mechanics. The maximum score possible was 20 points. The finalists were asked to attend tonight s meeting in order to present the winners with their ribbons and prizes. Third Place Awards were presented by the Mayor and Council, each received a Centennial Commemorative lapel pin and a ribbon: Mya Billie (5 th grade, attends South Elementary), Payton Collins (5 th grade, attends South Elementary), Jasmine Desai (5 th grade, attends South Elementary), Brianna Kelly (5 th grade, attends Rock Solid Christian Academy), Nova Nichols (5 th grade, attends South Elementary), Connor Wendt (5 th grade, attends South Elementary), Taylor Whipple (3 rd grade, Homeschooled by her mom, LiAnn Whipple), Joy Whipple (6 th grade, Homeschooled by her mom, LiAnn Whipple), and Amber Marquette (9 th grade, attends Okeechobee Freshman Campus). Second Place Awards were presented the same: Skyler Varnadore (5 th grade, attends South Elementary), Haisley Kessler (7 th grade, attends Yearling Middle), and Sonia Delgado Gutierres (10 th grade, attends Okeechobee High). First Place Awards were presented a $100.00 cash prize, ribbon, commemorative lapel pin, and their story will be included in the Centennial time capsule: Emele Lawrence (5 th grade, Homeschooled), her story titled, Dr. Anna Darrow, was about a woman telling how Doc Anna, also known as the Swamp Doctor, saved her mother s life when she came down with a deadly case of malaria after moving to Okeechobee from Ft. Pierce. Matthew Lawrence (7 th grade, Homeschooled), his story titled, Doc Anner, was about a man telling the story of how Doctors Roy and Anna Darrow saved his life when they were forced to amputate three of his fingers following a cotton mouth snake bite after he was thrown from his sorrel cracker gelding. Steven Perera (9 th grade, Homeschooled), his story titled, The Storm, was about Eugene Griggs, who at the age of 101 retold the tragic story of the day his mother, Dorothy, and childhood friend, Cecil, were killed in the hurricane of 1928.
V. PROCLAMATIONS AND PRESENTATIONS CONTINUED B. Centennial Creative Writing Contest Awards continued. VI. WARRANT REGISTER - City Administrator A. Motion to approve the November 2015 Warrant Register. General Fund... $ 570,105.03 General Fund Centennial Account... $ 813.90 Public Facilities Improvement Fund... $ 15,769.01 Capital Improvement Projects Fund... $ 5,259.30 Law Enforcement Special Fund... $ 300.00 DECEMBER 15, 2015 - REGULAR MEETING - PAGE 3 OF 6 The City thanked the independent panel of judges: Ms. Mary Hurley, Mr. Hank Raulerson, Mrs. Susan Smith, and the Contest Coordinator, Mrs. Jeanne Enfinger for their hard work. Council Member Chandler moved to approve the November 2015 Warrant Registers, in the amounts: General Fund, five hundred seventy thousand, one hundred five dollars and three cents ($570,105.03); General Fund Centennial Account, eight hundred thirteen dollars and ninety cents ($813.90); Public Facilities Improvement Fund, fifteen thousand, seven hundred sixty-nine dollars and one cent ($15,769.01), Capital Improvement Projects Fund, five thousand, two hundred fifty-nine dollars and thirty cents ($5,259.30), and Law Enforcement Special Fund, three hundred dollars and zero cents ($300.00); seconded by Council Member Watford. There was no discussion on this item. VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor A.1.a.) Motion to adopt proposed Resolution No. 2015-07, Fire Assessment City Attorney (Exhibit 1). MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:24 P.M. Motion and second by Council Members Ritter and O Connor to adopt proposed Resolution No. 2015-07. Attorney Cook read proposed Resolution No. 2015-07 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR PARTIAL FUNDING OF FIRE PROTECTION SERVICES AND FACILITIES WITHIN THE CITY OF OKEECHOBEE; STATING INTENT TO USE SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR THE ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAISER AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES CHAPTER 197.3632; PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A.1.b.) Public comments and discussion for proposed Resolution No. 2015-07. This resolution is being presented for consideration as instructed at the October 24, 2015, City Council meeting. There are multiple steps required to consider adopting any non-ad valorem assessments. This is the first step and is essential to be adopted prior to January 1, 2016. It does not adopt the actual assessment or the amount Those must be addressed in separate documents and additional public hearings. It does however; provide the basis for considering this particular non-ad valorem assessment, which is to cover the costs for providing fire protection services and facilities.
VII. PUBLIC HEARING CONTINUED A.1.b.) Public comments and discussion for proposed Resolution No. 2015-07 continued. DECEMBER 15, 2015 - REGULAR MEETING - PAGE 4 OF 6 This 24-hour, seven day a week service is a large expense for the City, coupled with maintenance and repairs of equipment, continuous training of personnel and expanding duties implemented by the State. Since 2008 the City has had to balance the budget using non-restricted reserve funds due to declining property assessments, current and newly implemented State property tax exemptions, and minimal or no millage increases. Attorney Cook requested Staff research the number of residential properties and the amounts they are billed, following all applicable exemptions. Based on the research the City Clerk obtained from the Property Appraiser s Office, out of approximately the 2,017 non-commercial and non-industrial use properties, 549 pay $100.00 or less per year in ad valorem taxes. The remaining 1,468 tax payers are paying more than a fair-share for the same service the 549 is afforded. The Mayor, Council, and Staff discussed the impacts of adopting the resolution, detailing the budget methods as required by the State, and how the projected budget amounts from reserves narrows by Fiscal Year each year due to cost saving measures implemented by each department, as well as additional services and/or requirements. However, continuing to use these funds year after year, no matter how large or small, is not proper budget planning. Historically, the City Council has always been frugal in planning to ensure sufficient funds are available for the years when there are no changes in the economy, as it has been since 2008. Non-ad valorem assessments provide a fee assigned to each unit (or parcel) and is not decreased by any exemptions so that everyone pays the same amount. Implementing assessment fees is not a new concept, and many other municipalities and counties have had to adopt them in order to provide services required by their citizens. Several years ago the City implemented this same process to provide the collection for solid waste services. Afterwards it was discovered many property owners were not paying for services received. The Mayor asked whether there were any comments from the public. Mr. Frank Irby, addressed the Council (as a City taxpayer), stating he has reviewed the City s audits and budgets since Fiscal Year 2009. The City is financially sound, as the fund balances are more than what is required by the state. He suggested that should this assessment be implemented it should be offset by reducing the millage rate. Mrs. Patsy Gelatka, Mr. Robert Stamm, and Mr. Jim Rath all were opposed of another tax being added to what they are already paying. They agreed it is not fair that there are some citizens that get away with paying none or very little taxes for the same services. They understand the importance of the Fire Assessment, and appreciate the response time within the City Limits being unmatched compared to the County. They suggested the same as Mr. Irby, lowering the millage rate to offset the Fire Assessment as an alternative. The Council appreciated the public s comments and suggestions, and will take them into consideration. The consensus of the Council is to adopt the resolution and move on to the next step in the process.
VII. PUBLIC HEARING CONTINUED. A.1.c) Vote on motion for proposed Resolution No. 2015-07. CLOSE PUBLIC HEARING - Mayor VIII. NEW BUSINESS A. Motion to adopt proposed Resolution No. 2015-08, opposing legislation that restricts a municipality s home rule authority to set municipal election dates (Committee Bill PCB SAC 16-04) City Administrator (Exhibit 2). DECEMBER 15, 2015 - REGULAR MEETING - PAGE 5 OF 6 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:06 P.M. (Attorney Cook exited the Chambers at this time). Motion and second by Council Members Watford and Chandler to adopt proposed Resolution No. 2015-08, opposing legislation that restricts a municipality s home rule authority to set municipal election dates (Committee Bill PCB SAC 16-04). In the absence of Attorney Cook, Administrator MontesDeOca read proposed Resolution No. 2015-08 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, OPPOSING LEGISLATION THAT RESTRICTS A MUNICIPALITY S HOME RULE AUTHORITY TO SET MUNICIPAL ELECTION DATES; PROVIDING FOR DISTRIBUTION BY CITY CLERK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Watford relayed this item was a topic of opposition at the Florida League of Cities and Legislative Delegation meeting. This could have a big impact on our City depending on the final language of the bill, and it is another example of State Legislation eroding Home Rule Power. Administrator MontesDeOca will forward a letter with the resolution to the Florida League of Cities, who is collecting them to assist municipalities in their stance against the proposed bill, to be considered during the 2016 Legislation. B. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest 4 th Avenue and the 300 Block of Park Street from 5 P.M. on January 22, 2016, to 5 P.M. on January 24, 2016, for the Top of the Lake Art Festival City Administrator (Exhibit 3). Council Member O Connor moved to approve the Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest 4 th Avenue and the 300 Block of Park Street from 5 P.M. on January 22, 2016, to 5 P.M. on January 24, 2016, for the Top of the Lake Art Festival; seconded by Council Member Watford. There was a brief discussion on this item.
VIII. NEW BUSINESS CONTINUED C. Consider a Temporary Street Closing Application submitted by Rock Solid Christian Academy to close Southwest 4 th Street between Southwest 5 th and 6 th Avenues from 6 A.M. to 11 A.M. on January 9, 2016, for a 5K Race Fundraiser City Administrator (Exhibit 4). D. Consider traffic signalization lights at Northeast/Northwest 9 th Street and Highway 441 and Southeast/Southwest 6 th Street and Parrott Avenue City Administrator. E. Motion to award a bid in the amount of sixty two thousand, five hundred fifty-two dollars and ninety two cents ($62,552.92), to Everglades Farm Equipment John Deere, for the purchase of a John Deere Compact Track Loader 323E with two additional attachments, a 72-inch pickup broom and heavy duty pallet fork - Public Works Director (Exhibit 5). IX. ADJOURN MEETING - 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. ATTEST: James E. Kirk, Mayor DECEMBER 15, 2015 - REGULAR MEETING - PAGE 6 OF 6 Council Member Watford moved to approve a Temporary Street Closing Application submitted by Rock Solid Christian Academy to close Southwest 4 th Street between Southwest 5 th and 6 th Avenues from 6 A.M. to 11 A.M. on January 9, 2016, for a 5K Race Fundraiser; seconded by Council Member Ritter. There was no discussion. Administrator MontesDeOca requested authorization to proceed to request funds from Heartland Regional Transportation Planning Organization (HRTPO) for traffic signal lights to be added and installed at the intersections of Northeast/Northwest 9 th Street and North Parrott Avenue (Highway 441) and Southeast/Southwest 6 th Street and South Parrott Avenue. These areas have been a concern for some time causing congestion and traffic delays for the public, commerce area, businesses and schools. The deadline to submit the application is February 5, 2016. He discussed the projects with local businesses and the School Board Officials, they are in favor of the traffic lights, and are offering support. The consensus of the Council is to authorize the Administrator to move forward with the application. Motion and second by Council Members Chandler and O Connor to award a bid in the amount of sixty-two thousand, five hundred fifty-two dollars and ninety-two cents ($62,552.92), to Everglades Farm Equipment, for the purchase of a John Deere Compact Track Loader Model 323E with two additional attachments, a 72-inch pickup broom and heavy duty pallet fork. There was a brief discussion on this item. Mr. Irby asked whether he could address the Council at this time. Mayor Kirk inquired whether it was related to a subject on tonight s, or a previous, agenda. Mr. Irby responded it was neither, and was regarding the recent installation of stop signs within Okeechobee Estates. Mayor Kirk then advised him of the appropriate procedure to have an item placed on the agenda. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 7:19 P.M. The next Regular Meeting will be January 5, 2016. Lane Gamiotea, CMC, City Clerk