CITY OF OKEECHOBEE OCTOBER 1, 2013 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 7 I. CALL TO ORDER - Mayor. October 1, 2013, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; 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 Smi Public Works Director David Allen Mayor Kirk called e October 1, 2013, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by e Very Reverend Edward Weiss, from e Church of Our Saviour; Mayor Kirk led e Pledge of Allegiance. City Clerk Gamiotea called e roll: IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. a Ten-Year Longevity Service Award to Sergeant Phillip Skip Eddings. In recognition of Mr. Phillip Skip Eddings ten years of employment, Mayor Kirk presented a framed Certificate of Longevity Services, which read, In recognition of your ten years of service, hard work, and dedication to e City of Okeechobee, its citizens, and your fellow employees, September 24, 2003 to September 24, 2013. The commendation included an embossed leaer portfolio. Mr. Eddings anked e Council, and stated he looked forward to many years wi e department.
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 2 OF 7 V. MINUTES - City Clerk. A. Motion to dispense wi e reading and approve e Summary of Council Action for e September 17, 2013 Regular Meeting and Final Budget Public Hearing. VI. - Mayor. A. Requests for e addition, deferral or widrawal of items on today s agenda. VII. UNFINISHED BUSINESS. A. Discussion for motion on e floor made by Council Members Williams and Maxwell to adopt proposed Resolution No. 2013-06, releasing to FDOT easements for Blocks G, L, E, R, and P of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, and auorizing e Mayor to execute a Quit Claim Deed for e SR 70 Improvements Project - City Attorney (Exhibit 1). Council Member O Connor moved to dispense wi e reading and approve e Summary of Council Action for e September 17, 2013 City Council Regular Meeting and Final Budget Public Hearing; seconded by Council Member Williams. There was no discussion on is item. Mayor Kirk asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. Council Member O Connor requested to add discussion for e sale of City property on e Nor side of proposed Park at Soueast 6 Avenue and Soueast 7 Street. Mayor Kirk added is request as New Business Item F. Mayor Kirk opened e discussion, motion on e floor postponed from September 17, 2013, made by Council Members Williams and Maxwell to adopt proposed Resolution No. 2013-06, releasing to FDOT, easements for Blocks G, L, E, R, and P of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, and auorizing e Mayor to execute a Quit Claim Deed for e SR 70 Improvements Project. Council Member Maxwell called to attention at it appeared e City may not be receiving eir fair share in lieu of losing a portion of e City Parks along Nor and Sou Park Streets. Many initial design items have been deleted or decreased. In an attempt to clear up e matter, he requested e following documents from FDOT, e Title Search Report and Muniments of title, (if any) at were used to determine e ownership interests of e property needed for Right-of-Way. The appraisal used to value e property to be acquired. The Purchase Agreement tendered to e party whose interest is to be acquired. The Affidavit of Beneficial Interest draft for e transferring party. The documents at requested, or resulted in e inclusion of addition Right-of-Way Acquisition funds being added into e current Adopted Work Program. FDOT responded by letter (submitted to e Clerk for record) at item s one rough four would not be made available. However, any items from five at fall outside of e exemption, Florida Statute 73.015(1)(a) and (2)(a), will be made available. Council Member Maxwell furer commented at FDOT never conveyed at e City would have to pay for any of e amenities being requested, such as e patterned pavement crosswalks, or e traffic signal arms being painted. The scope of e project has greatly decreased, FDOT denies at, but when e original plans are compared to what is now projected, and bid on, e project can be documented to show significant differences.
OCTOBER 1, 2013 - REGULAR MEETING - PAGE 3 OF 7 VII. UNFINISHED BUSINESS CONTINUED. A. Discussion for motion on e floor made by Council Members Williams and Maxwell to adopt proposed Resolution No. 2013-06, releasing to FDOT easements for Blocks G, L, E, R, and P of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, and auorizing e Mayor to execute a Quit Claim Deed for e SR 70 Improvements Project continued. Council Member Maxwell conveyed his objections in e City approving e deeds due to FDOT s failure to be forright in communicating fully wi e City. Had e City been aware of all e information, e project could have been approached differently. Concessions were made by e City due to our belief at certain amenities were being approved by FDOT. Discussion en turned to wheer e approval of e Quit Claim Deed was necessary for e project to proceed. Attorney Cook explained at FDOT can proceed wiout e deed according to Florida Statute Chapter 74. Mayor Kirk remarked at even ough FDOT can proceed wiout e City s approval, ey must feel e City has an interest in e properties or ey would not have made e request. Not approving is may send a clear message of our disappointment on how is was handled. KIRK - NO MAXWELL - NO O CONNOR - NO WATFORD - NO WILLIAMS - NO MOTION DENIED. B. Discussion for motion on e floor made by Council Members Maxwell and O Connor to adopt proposed Resolution No. 2013-07, approving a Utility Work Agreement wi FDOT for e SR 70 Improvements Project and auorizing Public Works Director David Allen to execute agreement - City Attorney (Exhibit 2). Mayor Kirk opened e discussion, motion on e floor postponed from September 17, 2013, made by Council Members Maxwell and O Connor to adopt proposed Resolution No. 2013-07, approving a Utility Work Agreement (UWA) wi FDOT for e SR 70 Improvements Project and auorizing Public Works Director David Allen to execute agreement. Council asked wheer Staff was able to verify e interpretation of e UWA language and when e Okeechobee Utility Auority (OUA) Work Agreement will be approved. Public Works Director Allen has been in communication wi FDOT and he is confident at e cost to cure is adequate to cover expenses at FDOT might attempt to shift to e City, such as e replacement of conduits. He was confident e City is not assuming any responsibilities of utilities at are under e OUA s responsibility. There was not an update offered regarding when e OUA s work agreement was or is being approved. Based on action taken on e previous item, discussed e necessity to approve is item. Following discussion, Council noted is resolution and agreement are a different as e Schedule of Items coordinate wi ose listed in e Cost to Cure (approved September 17, 2013), and not approving is could be put em in jeopardy.
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 4 OF 7 VIII. NEW BUSINESS. A. Motion to approve a locally funded Agreement between e City of Okeechobee and FDOT for e patterned crosswalk for e proposed SR 70 and Hwy 441 Intersection Project in e amount of $68,036.00 City Administrator (Exhibit 3). Council Member Watford moved to adopt proposed Resolution No. 2013-10, approving and auorizing e Mayor to execute a Locally Funded Agreement wi FDOT for Crosswalk Improvements in e amount of $68,036.00 wiin e State Road 70 Improvements; seconded by Council Member O Connor. Attorney Cook read proposed Resolution No. 2013-10 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH STATE ROAD 70 IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. As discussed during Unfinished Business Item A, one of e amenities e City requested during discussion of e project was to have e crosswalks look like brick pavers located at e main intersection (four crosswalks at State rd Road (SR) 70 and U.S. Highway 441), at SR 70 West and 3 Avenue (two crosswalks one for Norwest, e oer nd nd for Souwest), at SR 70 West and 2 Avenue (one for Souwest only), at SR 70 East and 2 Avenue (two rd crosswalks, one for Noreast, e oer for Soueast), and finally at SR 70 East and 3 Avenue (two crosswalks, one for Noreast, e oer for Soueast). This improvement will give e City a downtown aesetic appeal, wi a red brick type color and pattern. The estimated $68,036.00 is a non-budgeted item and will be discussed during e midyear budget review. Alough e item passed, Council noted eir disappointment wi FDOT for not explaining at e beginning of e project at eir rules had changed and cities had to absorb ese types of costs now. Many citizens had voiced eir approval for is improvement, leaving e Council compelled to consent to e expense. B. Motion to approve a locally funded Agreement between e City of Okeechobee and FDOT for painting improvements to e traffic signal mast arms and e proposed SR 70 and Hwy 441 Intersection Project in e amount of $24,800 - City Administrator (Exhibit 4). Council Member O Connor moved to adopt proposed Resolution No. 2013-11, approving and auorizing e Mayor to execute a Locally Funded Agreement wi FDOT for Traffic Mast Arms Signals in e amount of $24,800.00 wiin e State Road 70 Improvements; seconded by Council Member Watford.
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 5 OF 7 VIII. NEW BUSINESS CONTINUED. B. Motion to approve a locally funded Agreement between e City of Okeechobee and FDOT for painting improvements to e traffic signal mast arms and e proposed SR 70 and Hwy 441 Intersection Project continued. Attorney Cook read proposed Resolution No. 2013-11 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC MAST ARM IMPROVEMENTS IN CONJUNCTION WITH STATE ROAD 70 IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council noted again eir disappointment wi FDOT and at is would be anoer cost for e City at was not identified at e beginning of e project, e Council deemed is expense not necessary, voting as follows: KIRK - NO MAXWELL - NO O CONNOR - NO WATFORD - NO WILLIAMS - NO MOTION DENIED. C. Motion to adopt proposed Resolution No. 2013-09, adopting and codifying a revised Fee Schedule for Building Permits, Inspections and Reviews - City Administrator (Exhibit 5). Council Member O Connor moved to adopt proposed Resolution No. 2013-09, adopting and codifying a revised Fee Schedule for Building Permits, Inspections, and Reviews; seconded by Council Member Watford. Attorney Cook read proposed Resolution No. 2013-09 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING A SCHEDULE OF RATES, FEES, AND CHARGES FOR CONSTRUCTION PLANS, BUILDING CONSTRUCTION SERVICES AND OTHER MISCELLANEOUS SERVICES BY THE GENERAL SERVICES DEPARTMENT; PROVIDING FOR INCLUSION OF THE FEE SCHEDULE TO THE CODE OF ORDINANCES AS APPENDIX G; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Administrator Whitehall explained ese changes are consistent wi e County s Permit Fees and will generate an estimated $10,000.00 for General Services. He also asked to amend e effective date to be November 1, 2013, to provide proper notification to e contractors and public. Council Member Watford moved to amend Resolution No. 2013-09 by changing e effective date to November 1, 2013; seconded by Council Member O Connor. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED.
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 6 OF 7 VIII. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 2013-09, adopting and codifying a revised Fee Schedule for Building Permits, Inspections and Reviews continued. D. Consider a motion to waive e formal bidding procedures and award a sole-source contract to Global Mapping, Inc. in e amount of $8,800.00 for annual mapping services City Administrator (Exhibit 6). E. Discuss e meeting schedule during e holidays for November, December, and January - City Clerk (Exhibit 7). ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. Council Member Watford moved to waive e formal bidding procedures and award a sole-source contract to Global Mapping, Inc. in e amount of $8,800.00 for annual mapping services; seconded by Council Member O Connor. There was a brief discussion on is item. Included in Exhibit 7 was a memorandum outlining e recommended meeting schedule for e next ree mons. Staff is recommending conducting bo meetings in November, e first meeting in December and e second meeting in January, as well as change e time for e December meeting due to e Annual Tree Lighting. Council Member Watford moved to change e time of e December 3, 2013, meeting from 6 to 2 pm, cancel e December 17, 2013, meeting, and cancel e January 7, 2014, meeting; seconded by Council Member O Connor. ITEM ADDED: F. Discuss selling e Nor 35 feet of City Parcel ID 2-22- 37-35-0A00-00028-0000, located at 701 Soueast 6 Avenue - Council Member O Connor. Administrator Whitehall began e discussion explaining, Mr. Dennis Murphy is requesting e City sell to him, e Nor 35 feet of Parcel ID No. 2-22-37-35-0A00-00028-0000, located at 701 Soueast 6 Avenue, which is proposed to be developed as a recreational park. This parcel is contiguous to e Murphy s property, at 611 Soueast Avenue, and would enlarge it from 40 to 75 feet wide, e minimum required buildable lot size per Code Book Section 90-105. Administrator Whitehall does not foresee where any of e park amenities will be adversely affected by is. There was a request made in e past by e former property owner, Mr. George Murphy, (December 1996), in which e Council denied to e appraised value of $5,000.00 being inadequate. Following a brief discussion, Council instructed Attorney Cook to notify Mr. Murphy e City needs to acquire from him a formal acknowledgment of interest in purchasing specific property from e City, and at an appraisal will be required for e matter to move forward.
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 7 OF 7 IX. ADJOURN MEETING - Mayor. Please take notice and be advised at when a person decides to appeal any decision made by e City Council wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. City Clerk media are for e sole purpose of backup for official records of e Clerk. There being no furer discussion nor items on e agenda, Mayor Kirk adjourned e meeting at 7:26 p.m. The next regular scheduled meeting is October 15, 2013 at 6:00 p.m. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk