City of Live Oak City Council Meeting February 14, 2017

Transcription

1 1 The Live Oak City Council met for a regular city council meeting, Tuesday,, at 5:30 p.m. in City Hall located at 101 SE White Ave., Live Oak, Florida The following officials were present: Mayor Garth R. Nobles, Council President Councilman Keith Mixon, Councilman Bennie L. Thomas, Councilman John W. Yulee Sr., Councilman David Burch, Councilman Frank Davis, Attorney Fred Koberlein, City Manager Ron Williams, and City Clerk John Gill. Council President Keith Mixon called the meeting to order. At this time, Mr. George Curtis led the invocation, followed by the pledge of allegiance to the flag. Councilman Mixon then presented for approval the meeting minutes from the January 10, regular city council meeting and January 17, workshop minutes. Councilman Yulee moved to approve the minutes, which Councilman Burch seconded. The motion carried unanimously. Councilman Mixon then requested to interrupt the agenda flow and allow guests from the County commission and administrative offices to speak. County Commissioner Chair Ricky Gamble addressed the Council concerning the perimeter road project and partnering with the city. Councilman Mixon then inquired of Commissioner Gamble of a matter concerning the interlocal agreement for emergency services and when and executed agreement may be provided. Mr. Gamble stated it was on the agenda for the upcoming county commission meeting for approval. Commissioner Gamble then turned the floor over to the County Administrator Randy Harris who addressed the Council concerning the 72nd Trace (perimeter road project) and requested assistance from the city. Mr. Harris discussed the possibility of the county reconstructing a portion of 72 nd Trance (the portion of roadway from Tractor Supply back to the Mel Margo Apartments). Continuing, Mr. Harris disscussed that over the past few months several interlocal agreements had been passed between the city and county in an attempt to reach an agreement on the matter. Mr. Harris explained that the county had additional funding to assist with the cost of reconstructing the roadway but the city would need to provide $43,000 to complete the project. Mr. Harris emphasized that this did not include any work done to the sewer lines. Any changes to the sewer lines would need to be done at the city's expense. Both Mr. Williams and City Engineer Lane Lucas then discussed that it would be in the city's best interest to relocate the sewer lines outside of the roadbed and at a serviceable depth. Alternatively, the city had the option of lining the pipelines, leaving them where they currently are located. It was discussed that if the city went with the second option they would be assuming that the existing pipelines would have a projected lifespan of 25 years before needing service. Mr. Harris then addressed the Council that the proposed road reconstruction project did not include the relocation of sewer lines and that this matter was at the discretion of the city council. Continuing, Mr. Harris emphasized that his two concerns with the project was for the $43,000 difference and for the timing. Mr. Harris stated that for period of six months he has been trying to resolve this matter and come to an agreement and now appealed to the Council for a decision due to the contractors nearing completion of the project. Once the contractors have completed, there will be additional costs incurred in remobilizing equipment to begin this reconstruction project. Mr. Harris then turned the floor over to local contractor Dennis Music (28323 County Road 250 Live Oak) who spoke to the service of the current sewer lines under 72nd Trace. Mr. Music then stated to replace the lines it

2 2 would be $200,000 whereas to repair the lines would be approximately $4,700. It was his recommendation to repair the lines. It was then discussed that a workshop was needed to address this and future paving projects such as Helvenston/136. Councilman Mixon stated he would meet with the city attorney and city manager and review the proposed interlocal agreement and would contact Mr. Harris and set up a joint workshop. Councilman Mixon then turned the floor over to Mayor Garth Nobles for matters of the city. With no items to present, Councilman Mixon proceeded to the next agenda item regarding the reimbursement of legal fees for former Councilman Adam Prins. Councilman Mixon then turned the floor over to Councilman Thomas who requested Mr. Joe Joyce to speak on the matter. Mr. Joyce requested reimbursement for legal fees incurred in representing the former Councilman Adam Prins during a civil suit filed by former City Administrator Bob Farley. Mr. Koberlein opined that the council would have to find that this case met the criteria placed by state statute; that litigation derived out of connection with Mr. Prins official duties and that the litigation served a public purpose. Continuing, Mr. Koberlein stated that should the council find that the lawsuit met the two criteria then Mr. Prins would then be entitled to reimbursement of legal fees. Mr. Koberlein then defined public purpose as being broad and used an analogy of the council determining to spend funding on roadways. Councilman Thomas moved to approve the city reimbursing the total of $9, for legal fees incurred by Adam Prins, which Councilman Yulee seconded. The motion carried unanimously. Mr. Joyce then held that the Supreme Court's opinion has identified the public purpose and referred to documents he provided the council. Councilman Mixon then presented the item regarding the contracted services with Helvenston and Sons Insurance. Councilman Mixon then turned the floor over to Mr. Lee Harvard (580 Pine Ave., Live Oak). Mr. Harvard then addressed the contract for consultation services and address misconceptions that he does the same job as a marketing rep. Mr. Harvard then provided documents to the council identifying the difference between his role and that of a marketing rep. Councilman Mixon inquired if Mr. Harvard was in agreement to the terms as set per the last negotiation. Mr. Harvard stated that he was. Council Mixon then stated he would get the revised contract to Mr. Harvard for finalization. Councilman Mixon then proceeded to the city manager portion of the agenda and turned the floor over to Mr. Williams. Mr. Williams requested to re-turn two items A and B, and to proceed to item C. Mr. Williams then introduced Mr. Chuck Hatcher, Assistant Director of the Division of Recreation and Parks from the Florida Department of Environmental Protection who presented the city with a ceremonial check in the amount of $500, for the FRDAP grant award. Following the presentation, Mr. Williams requested to table Agenda items 4-A an agenda items 4-B (concerning DEP Agreement Number A7104 state of Florida DEP FRDAP as well as DEP Agreement Number A7103 state of Florida DEP FRDAP).

3 3 Mr. Williams then presented the following agenda item regarding a request for funds from the Fine and Forfeiture account for the LOPD evidence program. Mr. Williams requested that Police Chief Buddy Williams address the Council regarding the request. The request was for $2,400 for an online evidence program. Councilman Yulee moved to approve the request for $2,400.00, which Councilman Davis seconded. The motion carried unanimously. Mr. Williams then moved to his next agenda item updating the council on capital improvement projects. Following the capital improvement updates, Mr. Williams introduced the next agenda item regarding the Florida Gas Utility (FGU) gas incentive program. Mr. Williams provided the council samples of ideas from FGU on gas incentive programs. This was for information purposes only, no council action taken at this time. Mr. Williams then introduced for discussion Resolution 17-01, a resolution relating to fire service assessments. Mr. Gill then read the title of the resolution into the record. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK, FLORIDA, RELATING TO FIRE SERVICE ASSESSMENTS; PROVIDING FOR THE PROVISION OF FIRE SERVICES CHARGES, FACILITIES AND PROGRAMS THROUGHOUT THE CITY OF LIVE OAK, FLORIDA; IMPOSING A FIRE SERVICES ASSESSMENT; DESCRIBING THE METHOD OF ASSESSING FIRE SERVICES ASSESSED COSTS; PROVIDING FOR THE COLLECTION OF THE FIRE SERVICES ASSESSMENT ON THE CITY UTILITY BILL; AND PROVIDING AN EFFECTIVE DATE. Councilman Yulee moved to approve Resolution 17-01, which Councilman Burch seconded. Councilman Thomas inquired what the funds from the fire assessment fee would be used for. Finance Director JoAnne Luther explained that the funds may only be used to fund the fire department. Continuing it was discussed that the rate was set at $8.75 per household and commercial/nonresidential buildings would be assessed $ per square foot monthly (an annual rate of 4 cents per square foot per year). The vote was then taken and the motion carried 4 to 1 with Councilman Thomas dissenting. Mr. Williams then introduced for discussion resolution 17-02, a resolution for the direction of appropriation of sewer repair reserve funds. Resolution A RESOLUTION OF THE CITY OF LIVE OAK,FLORIDA FOR THE DIRECTION OF APPROPRIATION OF SEWER REPAIR RESERVE FUNDS Councilman Yulee moved to approve resolution 17-02, which Councilman Burch seconded. The motion carried 4 to 1 with Councilman Thomas dissenting. Mr. WW Williams inquired if this meant that the utility rates would increase. Mrs. Luther explained that this particular fee was already on the utility bill and was used to pay for loans. Mrs. Luther continued stating that the fire assessment fee would be an additional assessed fee on the utility bill. Mr. Alonzo Philmore (NAACP President th St.) inquired about churches being assessed the fire assessment fee. Ms. Luther explained that the fire assessment fee was inclusive of all non-residential buildings being assessed per the square footage.

4 4 Councilman Thomas requested that the sewer repair (debt service) be explained further. Mrs. Luther explained that in , the council approved to have 90% of the main sewer lines to be lined resulting in a 20 year debt service. Mr. Lane Lucas then addressed the council concerning the sewer lines upgrades in Ms. Linda Owens then sought clarification on the sewer costs. Mrs. Luther explained that the sewer repair fees were a separate line item on the utility bill. Ms. Owens then requested to meet with Mrs. Luther and review the sewer fees and operating costs for the sewer plant. The vote was then taken and the motion carried 4 to 1 with Councilman Thomas dissenting. Mrs. Luther then introduced for discussion resolution 17-03, a resolution for the direction of appropriation of capital reserve funds. Mrs. Luther explained that these funds would be used for equipment purchases. Resolution A RESOLUTION OF THE CITY OF LIVE OAK, FLORIDA FOR THE DIRECTION OF APPROPRIATION OF CAPITAL RESERVE FUNDS Councilman Yulee moved to approve resolution 17-03, which Councilman Burch seconded. The vote was then taken and the motion carried 4 to 1 with Councilman Thomas dissenting. Mr. Williams then proceeded with the next agenda item regarding the awarding of the Invitation to Bid (ITB) contract for the US Highway 90 water improvement project. Mr. Williams presented the results of the bid and made the staff recommendation to award the bid to Worth Construction (for $148,923.01). Councilman Yulee moved to award the bid to Worth Construction, which Councilman Burch seconded. The motion carried 4 to 1 with Councilman Thomas dissenting. (1:42:00-1:43:00) Councilman Mixon then presented the first reading of Ordinance No. 1402, an ordinance amending the zoning district to 4.76 acres (MOL) of land on the Official Zoning Atlas from Commercial-Intensive (C-I) (County) to Commercial-Shopping Center (CSC) (City), on certain lands within the corporate limits of the city of Live Oak, Florida. The clerk then read the title of the ordinance into the record. No public comment was provided for this ordinance. Ordinance No AN ORDINANCE OF THE CITY OF LIVE OAK, FLORIDA, AMENDING THE ZONING DISTRICT TO 4.76 ACRES (MOL) OF LAND ON THE OFFICIAL ZONING ATLAS OF THE CITY OF LIVE OAK LAND DEVELOPMENT REGULATIONS, PURSUANT TO AN APPLICATION, LDR 17-1, BY THE PROPERTY OWNER(S) AND/OR THEIR AUTHORIZED, DESIGNATED REPRESENTATIVE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN ARTICLE THREE OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR A CHANGE IN THE ASSIGNED ZONING DISTRICT FROM COMMERCIAL INTENSIVE (C-I) (COUNTY) TO COMMERCIAL SHOPPING CENTER (CSC) (CITY), ON CERTAIN LANDS WITHIN THE CORPORATE LIMITS OF THE CITY OF LIVE OAK, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE Councilman Yulee moved to approve the first reading of Ordinance 1402, which Councilman Burch seconded. The motion carried unanimously.

5 5 Councilman Mixon then opened the floor to public comment, at which time Mr. Nick Mazzio addressed council concerning a drainage issue on US-90. Mr. Mazzio also offered a petition to the clerk of names supporting the issue that he brought forth. Mr. Williams stated he would have the public works department look into the matter. Following his comments, Ms. Erica Williams (PO Box 433 Live Oak) addressed concerns for Resolution and changes to budgeted funds. Mr. Koberlein then explained that he had addressed her concerns previously via an discussion and that the prior ordinance did not includ financial rates. Councilman Mixon recommended that Ms. Williams meet with the Finance Director JoAnne Luther for assistance in addressing her concerns. Mr. Alonzo Philmore addressed the council concerning a proposal to merge Fire/EMS services with the county. Mr. Les White addressed the council inquiring if the city manager had submitted a counter proposal for merging Fire/EMS services. It was stated by Councilman Mixon that a counter proposal had not been submitted and that the city was not interested in a merger of services. Ms. Catherine Cason (1422 West 5 th Street) addressed council concerning resolution Mr. Anthony Raulings (1405 NE Duval) addressed council concerning the need for EMS services and merging of the Fire/EMS services. A letter from Ms. Anita Williams was distributed to the Council discussing the need for merging the City and County Fire Services. After closing the public comment portion of the meeting, Councilman Mixon announced that there will be a need to hold one-hour council workshops (in both March and April) to proceed the regular council meeting and CRA meeting. (The workshops will begin at 4:30 PM.) Councilman Mixon then announced that the special called council meeting scheduled for Tuesday, February 28, will be at 4:30 PM. With there being no further public comments, the meeting was adjourned. Councilman Mixon City Council President Attest: Mr. John Gill City Clerk