CITY OF OKEECHOBEE MAY 20, 2014 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 I. CALL TO ORDER - Mayor. May 20, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Jim Benton, Faith Farm Ministries; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall 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 COUNCIL ACTION - DISCUSSION - Mayor Kirk called the May 20, 2014, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Jim Benton of Faith Farm Ministries; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim May 18-24, 2014 as National Public Works Week. Mayor Kirk read the proclamation in its entirety and presented it to Public Works Director, David Allen, who then introduced each of the Public Works employees. WHEREAS, public works services provided in our community are an integral part of our citizens everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, (continued)
MAY 20, 2014 - REGULAR MEETING - PAGE 2 OF 9 COUNCIL ACTION - DISCUSSION - IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim May 18-24, 2014 as National Public Works Week continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014, Regular Meeting. the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people s attitude and understanding of the importance of the work they perform; and WHEREAS, this year s theme is, Building for Today, Planning for Tomorrow, as we celebrate the hard work and dedication of the many public works professionals throughout the world. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 18 through 24, 2014, as NATIONAL PUBLIC WORKS WEEK in the City of Okeechobee and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our Public Works; and to recognize the contributions which Public Works Officials make every day to our health, safety, comfort, and quality of life. Director Allen thanked the Council for the opportunity and then commended his staff, a/k/a The Green Dream Team for their service. Approval of the May 6, 2014, minutes will be reconsidered at the next meeting. No official action was taken on this item. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2014 Warrant Register: General Fund...$585,827.91 Public Facilities Improvement Fund............... $ 25,180.09 Capital Improvement Projects Fund............... $ 2,424.00 Appropriations Grant Fund...................... $ 2,812.50 Law Enforcement Special Fund.................. $ 50.00 VII. - Mayor. A. Requests for the addition, deferral or withdrawal of items on today s agenda. Council Member Williams moved to approve the April 2014 Warrant Register in the amounts: General Fund, five hundred eighty-five thousand, eight hundred twenty-seven dollars and ninety-one cents ($585,827.91); Public Facilities Improvement Fund, twenty-five thousand, one hundred eighty dollars and nine cents ($25,180.09); Capital Improvements Projects-Impact Fee Fund, two thousand, four hundred twenty-four dollars ($2,424.00); Appropriations Grant Fund, two thousand, eight hundred twelve dollars and fifty cents ($2,812.50); Law Enforcement Special Fund, fifty dollars ($50.00); seconded by Council Member Watford. There was no discussion on this item. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda. New Business item D was changed to G, and then items D, E, F, were added. VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCE AT 6:11 P.M.
MAY 20, 2014 - REGULAR MEETING - PAGE 3 OF 9 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED. A. 1. a) Motion to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50-32 through 50-59 - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set final hearing date. c) City Attorney to read proposed Ordinance No. 1111 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1111. b) Public comments and discussion. c) Vote on motion. Council Member O Connor moved to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50-32 through 50-59; seconded by Council Member Williams. City Attorney read proposed Ordinance No. 1111 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE II LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS AS SET FORTH IN SECTION 50-59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50-32 THROUGH 50-59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to approve the first reading of proposed Ordinance No. 1111; seconded by Council Member Watford. Mayor Kirk asked whether there were any comments or questions from the public. There were none. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.
MAY 20, 2014 - REGULAR MEETING - PAGE 4 OF 9 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS. A. 1. a) Motion to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final hearing date. c) City Attorney to read proposed Ordinance No. 1112 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1112. b) Public comments and discussion. Council Member O Connor moved to read by title only, and set June 17, 2014, as a final public hearing date for proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015; seconded by Council Member Maxwell. City Attorney read proposed Ordinance No. 1112 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM JULY 1, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Williams moved to approve the first reading of proposed Ordinance No. 1112; seconded by Council Member Watford. Mayor Kirk asked whether there were any comments or questions from the public. There were none from the public. Council Member Watford began the discussion stating this moratorium was originally implemented as an economic stimulus and questioned whether the economy has improved to a point of reinstatement. Administrator Whitehall responded even though the general economy may be showing signs of rebound, the City s building permits volume and dollar amounts are at their lowest point since his tenure, even with the rate increase. He offered to research indexes establishing a scientific method for reincorporating the fees and provide at a later date. Council Members O Connor and Maxwell remarked locally there are no indications of economic improvement. There are still dire circumstances when you observe the increasing vacant businesses. The Mayor and Council were in agreement of continuing with the moratorium and requested Administrator Whitehall present considerations during the next Fiscal Year budget process. c) Vote on motion.
MAY 20, 2014 - REGULAR MEETING - PAGE 5 OF 9 COUNCIL ACTION - DISCUSSION - B. Motion to approve an Independent Contractor s Agreement with Lynch Paving & Construction, Co., piggybacking with Okeechobee County, for the asphalt program - City Administrator (Exhibit 3). Council Member Watford moved to approve an Independent Contractor s Agreement with Lynch Paving and Construction, Co., piggybacking with Okeechobee County (awarded Asphalt Resurfacing and New Road Construction Bid No. 2014-01 issued January 24, 2014) for the (City s annual roadway improvement) Asphalt Program; seconded by Council Member O Connor. Administrator Whitehall explained the budget for the annual asphalt program is two hundred fifty thousand dollars ($250,000.00). The agreement addressed costs for installing 1-inch and 1.5-inch overlay, small projects of less than 5 tons, tie-in for street jointing, and 1-inch depth millings. The terms of this agreement are for three years, which began March 17, 2014, and ending March 16, 2017, and may be renewed for up to two additional one-year terms. The list of specific roadways to be addressed is normally presented with the bid award. However, he and Public Works Director Allen have not finalized the list. Therefore, should the Council have any input on streets in need of attention, they should submit the information. C. Motion to adopt proposed Resolution No. 2014-02, creating a Centennial Celebration Ad Hoc Committee City Attorney (Exhibit 4). As requested by Clerk Gamiotea, proposed Resolution No. 2014-02 was discussed prior to offering a motion, which th creates a Centennial Celebration Ad Hoc Committee for the City s 100 Anniversary. Upon review, the following corrections or suggestions were noted: a typographical error correcting the first official meeting date from July 13, 2015 to July 13, 1915; Section Four, Item D, will be amended to omit Enterprise; and amend Section E to change monthly detail reports to periodically detail reports. The terms of membership to sunset on December 31, 2015, was discussed as to whether that would accommodate enough time for finalizing the years events. Clerk Gamiotea explained, the Resolution may be amended should it be necessary to extend the terms. The Committee Members will be subject to complete a brief application and file the state financial disclosure form. It was determined that Clerk Gamiotea will contact certain community entities to solicit their recommendation for a representative to this Committee, consisting of seven voting members and also advisory non-voting members. These prospective members will be presented for appointment by the City Council at the next meeting. Council Member Watford moved to adopt proposed Resolution No. 2014-02 as amended (specifically noted above), creating a Centennial Celebration Ad Hoc Committee; seconded by Council Member O Connor.
MAY 20, 2014 - REGULAR MEETING - PAGE 6 OF 9 COUNCIL ACTION - DISCUSSION - C. Motion to adopt proposed Resolution No. 2014-02, creating a Centennial Celebration Ad Hoc Committee continued. Attorney Cook read the title of proposed Resolution No. 2014-02 as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A CENTENNIAL CELEBRATION AD HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF OKEECHOBEE CENTENNIAL CELEBRATIONS TO BE HELD THROUGHOUT 2015; PROVIDING FOR QUALIFICATIONS, APPOINTMENTS, AND TERMS FOR COMMITTEE MEMBERS; PROVIDING FOR RULES OF CONDUCT OF THE COMMITTEE; PROVIDING FOR EX-OFFICIO MEMBERS AND SUPPORT STAFF; PROVIDING FOR AUTHORIZED LIMITED BUDGET EXPENDITURES BY THE COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. D. ADDED ITEM TO : Motion to proceed with a Section 319 Grant Application for the proposed Taylor Creek Park storm water improvements - City Administrator. The City Council, on March 18, 2014, approved the Civil Engineering Professional Services Agreement for Project Authorization No. 2, totaling $24,055.00, with Culpepper and Terpening, Inc., on the Taylor Creek Park Improvements Project. The development of the park was broken into six phases. Authorization No. 2 began Phase Two, with services of: preliminary engineering design up to $3,060.00; design survey up to $13,905.00; master site plan up to $6,590.00; reimbursements not to exceed $500.00, and listed grant funding assistance, which is the purpose for this item. Mr. Stefan Matthes, Engineer of Culpepper and Terpening, Inc., along with Mr. Frank Wantanabe, Grant Consultant with CW Consultants presented for Council to approve and move forward with a Florida Department of Environmental Protection (FDEP) Section 310 Grant Application. The draft grant application distributed indicates an estimated total project cost of $360,000.00, and refers to Task 3, Attachment 5 with the specific project items. The proposed park is located along Taylor Creek which has been identified as an impaired system, and falls within the boundaries of a developing Basin Management Action Plan, aiming to reduce nutrient runoff from surrounding areas by treatment through a grassy swale system and then into a nutrient baffle box. This will allow time for nutrients to be filtered out instead of directly flowing into the impaired watersheds. Mr. Matthes explained FDEP is very interested in assisting with cleaning up the discharge into Taylor Creek, and offers a 60/40 cost share split in grant funding for these types of project. The budget table projections indicate the 60 percent from the FDEP 319 Grant will be $220,208.00, and the City s 40 percent, equals $147,052.00. He noted there is no financial commitment by the City at this time. The opportunity would be decided once the grant was actually awarded.
MAY 20, 2014 - REGULAR MEETING - PAGE 7 OF 9 COUNCIL ACTION - DISCUSSION - ITEM ADDED TO : D. Motion to proceed with Section 319 grant application for the proposed Taylor Creek Park storm water improvements continued. Part III proposes four tasks, listing deliverables of services, a budget, and timelines. Task 1: Preliminary Engineering and Design, using $10,000.00 in City Matching Funds includes: the preliminary engineering analysis, drainage analysis and preparation of the conceptual Taylor Creek Park plans. Also includes topographic surveying of the drainage area and the proposed park, data collection and field review of the site to assess any potential impacts or fatal flaws. The City already approved the Engineering Consultant Service Project Authorization No. 2, which includes: topographic surveying, data collection and field review assessments, drainage and storm water analysis, identification of the Basin Management Plan measurements to improve stormwater quality, prepared conceptual plans of the Taylor Creek Park, and the preliminary engineering cost estimate. This task start date was April 2014, with anticipated completion by August 2014. Task 2: Engineering Design and Permitting, covered by $61,500.00 in City Matching Funds includes: the preparation of the engineering design plans for 60, 90, and 100 percent, and permitting review through the South Florida Water Management District for construction of the installation of the nutrient separating baffle box for the surrounding area s drainage and the proposed Taylor Creek Park Improvements. It is anticipated that the permitting for this project may not be required due to the size of the project area. Should it be required, the General Stormwater Permit Application will be completed by July 2014. The final design plans and specifications will include: Taylor Creek Park Improvement Plans, Nutrient Separating Baffle Box (BMP) Plans, Drainage Construction details, Erosion Control Plans/Stormwater Pollution Prevention Plan, Technical Specifications on the Drainage, Baffle Box and Park Improvements, Draft and Final bid documents, draft and final project cost estimates. The timeline of this task is to begin by January 2015,with completion by May 2016. Task 3: Project Construction, covered by $220,208.00 from Grant Funds and $67,552.00 in City Matching Funds includes: plans will be sent to the Environmental Protection Agency (EPA) for determination of final approval by September 2014, EPA funding award announcement to arrive by early 2015, the City to advertise, bid and award contract during the fall of 2015, begin construction during the fall of 2015, construction completed by end of year 2015. However, the timeline within the task is conflictive with the overall timetable, which shows June 2016 as beginning date with completion by June 2017. There is a notation within this task that refers to Attachment 5" and is the Preliminary Construction Cost Estimates. The items are described as traffic control, clear and grub area, remove existing drainage structures, erosion control plan-silt fencing, park area grassy swale/infiltration, install 36-inch RCP, miter end section, drainage boxes, nutrient separating baffle boxes, utilities relocation and plant trees, equaling $261,600.00, together with the Preliminary Engineering/Design of $71,500.00 ($50,000.00 for preliminary design engineering plus $21,500.00 for construction engineering), and $26,160.00 for Contingencies, leaving the final total at $359,260.00.
MAY 20, 2014 - REGULAR MEETING - PAGE 8 OF 9 COUNCIL ACTION - DISCUSSION - ITEM ADDED TO : D. Motion to proceed with Section 319 grant application for the proposed Taylor Creek Park storm water improvements continued. Task 4: Monitoring, Education and Reporting covered by $8,000.00 in City Matching Funds includes: environmental monitoring of the project to be conducted by the City with trained staff for the purpose of determining the reduction of pollutants within the stormwater system. Before commencement of the monitoring, the City will complete and submit to the EPA, a Quality Assurance Project Plan, specifying the sampling locations, instruments, and parameters to be sampled. The educational components will be training workshops for the community and City employees, local public announcements regarding the Taylor Creek Park and Stormwater Improvement Project, and the effects of stormwater pollution reductions, posters at both installation sites of the baffle box to provide information to the public, and informational brochures of the project and BMP at City Hall. The City will provide quarterly status reports, attend any FDEP review meetings, submit monitoring plan and test sampling documents, and prepare the draft and final report as required for the grant application. The timeline for this task is to begin in July 2017 and complete by August 2018. Council Member Watford made a motion to give approval to proceed with applying for a Florida Department of Environmental Protection Section 319 Grant Proposal for Task 1 only; seconded by Council Member O Connor. ITEM ADDED TO : E. Motion to reappoint Rennae Sweda and Louise Conrad as Regular Members to the Code Enforcement Board, terms being May 1, 2014 to April 30, 2017 - City Clerk. Council Member O Connor moved to reappoint Mrs. Rennae Sweda and Mrs. Louise Conrad as Regular Members to the Code Enforcement Board, terms being May 1, 2014 to April 30, 2017; seconded by Council Member Williams. Council extended their gratitude for their willingness to serve. ITEM ADDED TO : F. Motion to reappoint Karyne Brass and Les McCreary as Regular Members to the Planning Board, Board of Adjustment and Design Review Board, terms being May 1, 2014 to April 30, 2017 - City Clerk. Council Member Williams moved to reappoint Mrs. Karyne Brass and Mr. Les McCreary as Regular Members to the Planning Board, Board of Adjustment and Design Review Board, terms being May 1, 2014 to April 30, 2017; seconded by Council Member Watford. Council extended their gratitude for their willingness to serve.
MAY 20, 2014 - REGULAR MEETING - PAGE 9 OF 9 COUNCIL ACTION - DISCUSSION - G. Discuss Midyear Fiscal Year End 2014 Financial Report - Finance Director. Finance Director India Riedel presented, through Power Point, the Mid-Year Financial Report for Fiscal Year 2013-2014 and the projected economic trend. The Ad Valorem Tax Revenue is less than last year by 3 percent, as expected. Last year there was an unexpected increase. The General Fund Revenues (excluding Ad Valorem) are up 3.91 percent, or $40,000.00. Franchise Fees have rebounded and are at a 7 percent increase. Council Member Maxwell asked whether the Florida Public Utility (FPU) franchisee fee has contributed to the increase, to which Mrs. Riedel answered these figures do not reflect any revenue from FPU. Utility Tax receipts are up by 16 percent, however, Communications Service Tax has decreased by 28 percent. The lobbyists are rallying this area, since prepaid phones are not taxed, decreasing tax revenue. The City s portion of the monthly receipted sales tax from the State is up by 11 percent, with the Local one-half cent tax up by13 percent. Building and Permitting numbers have remained unchanged as new construction has been minimal. The budget expenditures as of March 31, 2014, are 43.78 percent, lower than the expected fifty percent. General Fund expenditures have increased by 7.6 percent due to the 11 percent increase of health insurance cost, as well as the auditors annual expenses being paid earlier in the year. The margin of budget to actual is narrower than past years and anticipate using reserves as budgeted. The City Staff continue to scrutinize and monitor their budgets. Mrs. Riedel advised there was no need to request a mid-year budget amendment at this time. The Mayor and Council thanked all the City Staff for their continued hard work, and noted that it was encouraging to hear about the sales tax revenue increase. No official action was necessary X. 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. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:30 p.m. The next regular scheduled meeting is June 17, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk