1985-01-21 Regular Meeting3610
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REGULAR MEETING
MONDAY, JANUARY 21, 1985
The City Council of the City of Okeechobee, met in regular session in Council Chambers,
55 Southeast Third Avenue, Okeechobee, Florida at 7:00 P.M.
present:
Chairman Oakland Chapman called the meeting to order with the following Councilmen
Oakland R. Chapman, Chairman
Andy Rubin, Vice Chairman
Edward W. Douglas, Councilman
Oscar Thomas, Councilman
Nick Collins, Councilman
Others present were:
Bonnie S. "Thomas, City Clerk
L.C. Fortner, Jr., Acting Administrative Assistant
David M. Conlon, City Attorney
Lydia J. Wilkerson, Deputy Clerk
AGENDA ITEMS #lI & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by City Clerk, Bonnie Thomas, followed by the Pledge of
Allegiance.
AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF 1-7-85
Chairman Chapman asked Councilmembers if there were any additions or deletions to the
minutes. Councilman Rubin stated that on Page 3, 12th paragraph, which states, Councilman
Rubin stated, 'I abstain until I search it.', he would like this be changed to read that he voted no.
There being no further corrections to the minutes, they were approved.
AGENDA ITEM #V - SPECIAL PRESENTATION OF APPRECIATION TO BE. MADE BY MAYOR
Chairman Chapman presented Gordon Leggett with a plaque for special appreciation for
serving as Chairman on the Code Enforcement Board from 1981 to 1983 with perfect attendance.
Mr. Leggett thanked the Council .for the plaqueand also for organizing the Code Enforce-
ment Board.
AGENDA ITEM # VI - APPEARANCES:
1. Mr. Vincent Protheroe, Consulting Engineer, Gainesville, Florida, representing his firm,
presented Council members with his qualifications relative to performing a cost of service study
on the City's water and sewer service within and without the City limits, as requested by Council.
Mr. Protheroe stated what his qualifications were and then stated that after working with
Director Fortner and th-e.Clerk's office concerning the necessary reports, etc., and after going to the
water plant and looking over the entire situation, he suggested the Council not invest their money
in this cost study because he felt that the City could not justify charging over 25% for the water
sold to the County. Mr. Protheroe suggested the Council consider having a Financial Rate Study
conducted for future growth ins,.ead.
Councilman Rubin asked the engineer how much his charges were, and on what basis
(hourly or a contract). Mr. Protheroe stated they would be on an hourly basis with a ceiling figure
not to exceed a certain amount. (hourly rate $45 to $55 possibly less).
Director Fortner asked how long the study would take. Mr. Protheroe stated approximately
three months.
Mr. Lorne W. Hunsberger, Certified Public Accountant, Tampa, Florida, representing his
firm, presented Council members with his qualifications relative to performing a cost of service
study on the City's water and sewer service within and without the City limits, as requested by
Council.
Mr. Hunsberger stated that he would do the cost of service study to see if the City could
charge over the 25% which is allowed by Florida Statutes, and justify the need for the increase.
He also stated that the City's connection fees needed to be looked over to make sure the City was
charging the most reasonable rates.
Councilmembers questioned the fees to be charged. Mr. Hunsberger stated he would conduct
the study on an hourly basis ($75.00 per hour) or on a contract basis. The study on the connection
fees would not be included in the rate study (connection fee study approximately $5,000 ).
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Director Fortner stated there was a resolution stating that for anything over $3,500. a request
for bids was needed. Council discussed bidding the study. Director Fortner is to gather the
necessary information to be sent with the request for bids,when Council so moves.
2. Mr. Mosley Collins and Mr. Phil Berger representing the Industrial Development
Authority requested City water service to the Industrial. Park. If approved this will require
discussion of the necessity to amend Chapter 18-30 of the Code of Ordinances.
Mr. Collins addressed Council stating the IDA was interested in connecting City water to
the I.D.A. and they needed to find out how to proceed to do so.
Director Fortner explained to the Council, "Several months ago the I.D.A. approached
the City saying they were going to install a water main in the development park area and they
wanted to connect to the City water system on N.W. 9th Avenue. At that time we looked at it
and decided the main was not large enough for fire protection. We stated this to the IDA and
had some discussions on it. Later on we discussed again with them how they could obtain City water.
The IDA felt that the only option they had \+as to go mister meter, at N.W. 9th Avenue, and
they would have their own water system to do whatever they wanted to do with that system, but
they could not resell water to gain additional revenue. The last discussion was that they would
like to eliminate the hookup with a master meter to eliminate systEm capaci ty charges associated with that.
The IDA is requesting that the City now connect the water main, it's still a six inch \kater rrain
in the park area, to the main on N.W. 9th Avenue. Then the City would collect from the individual
customers that develop in the park area, they would be treated as any other city customer. The
City would own, operate and maintain the six inch water line. There are no fire hydrants
installed within the park area. Strictly a six inch water main for the park area.
The Isroblem the faces is that one part of the City ordinance says that any extension to the
water system must be large enough to provide fire protection through fire hydrants. This is part of
the problem we face tonight. How to provide them water, but not adequate fire protection. It is in
the County, on the Airport property belonging to the County Commissioners, so from there I guess it
is a legal problem that the attorney must advise the Council on."
Attorney Conlon stated, there was an ordinance stating there be adequate fire protection,
and it would have to be amended to do this (honor IDA's request). First, we would amend the ordi-
nance to allow developments to connect with adequate size lines or with the offer -to serve them if
it was their system through a master meter.
Mr. Collins stated that if they had a master meter it would mean they would have to install
the meters, read the meters and collect the payments. And if the City would undertake such in
time it might be alright to have a master meter. But the ordinance, it was suggested, might be
altered slightly to allow a governmental agency.
Attorney Conlon stated Concerning fire protection) that we would ask the County for a
Hold Harmless Agreement with them that they would indemnify us in any action and it would be
their responsibility ,in addition to amending the ordinance.
Councilman Thomas made a motion that the attorney and the director of public utilities
get together and draft an ordinance for Council's approval that would exclude governmental property
and industrial parks, but to keep the standards for everyone else. Councilman Douglas seconded
the motion. Chairman Chapman asked for a vote on the motion. Councilmen Thomas, Douglas,
Collins and Rubin voted for the motion. Motion carried.
85-10 AGENDA ITEM #VII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING
THE ORDINANCES HAVING TO DO WITH GENERAL, POLICE AND FIRE RETIREMENT SYSTEMS
TO PROVIDE THAT CREDIT FOR MILITARY SERVICE MAY ONLY BE PURCHASED AFTER FIVE
YEARS OF SERVICE
Councilman Thomas moved that the Chairman read all three ordinances by title only.
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Councilman Douglas seconded the motion. Motion carried.
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Director Fortner stated there was a resolution stating that for anything over $3,500. a request
for bids was needed. Council discussed bidding the study. Director Fortner is to gather the
necessary information to be sent with the request for bids,when Council so moves.
2. Mr. Mosley Collins and Mr. Phil Berger representing the Industrial Development
Authority requested City water service to the Industrial Park. If approved this will require
discussion of the necessity to amend Chapter 18-30 of the Code of Ordinances.
Mr. Collins addressed Council stating the IDA was interested in connecting City water to
the I.D.A. and they needed to find out how to proceed to do so.
Director Fortner explained to the Council, "Several months ago the I.D.A. approached
the City saying they were going to install a water main in the development park area and they
wanted to connect to the City water system on N.W. 9th Avenue. At that time we looked at it
and decided the main was not large enough for fire protection. We stated this to the IDA and
had some discussions on it. Later on we discussed again with them how they could obtain City water.
The IDA felt that the only option they had vas to go rraster rTeter, at N.W. 9th Avenue, and
they would have their own water system to do whatever they wanted to do with that system, but
they could not resell water to gain additional revenue. The last discussion was that they would
like to eliminate the hookup with a master meter to el iminate systan capacity charges associated with that.
The IDA is requesting that the City now connect the water main, it's still a six inch eater rrain
in the park area, to the main on N.W. 9th Avenue. Then the City would collect from the individual
customers that develop in the park area, they would be treated as any other city customer. The
City would own, operate and maintain the six inch water line. There are no fire hydrants
installed within the park area. Strictly a six inch water main for the park area.
The problem he faces is that one part of the City ordinance says that any extension to the
water system must be large enough to provide fire protection through fire hydrants. This is part of
the problem we face tonight. How to provide them water, but not adequate fire protection. It is in
the County, on the Airport property belonging to the County Commissioners, so from there I guess it
is a legal problem that the attorney must advise the Council on."
Attorney Conlon stated, there was an ordinance stating there be adequate fire protection,
and it would have to be amended to do this (honor IDA's request). First, we would amend the ordi-
nance to allow developments to connect with adequate size lines or with the offer -to serve them if
it was their system through a master meter.
Mr. Collins stated that if they had a master meter it would mean they would have to install
the meters, read the meters and collect the payments. And if the City would undertake such in
i
time it might be alright to have a master meter. But the ordinance, it was suggested, might be
altered slightly to allow a governmental agency.
Attorney Conlon stated Concerning fire protection) that we would ask the County for a
Hold Harmless Agreement with them that they would indemnify us in any action and it would be
their responsibility ,in addition to amending the ordinance.
Councilman Thomas made a motion that the attorney and the director of public utilities
get together and draft an ordinance for Council's approval that would exclude governmental property
and industrial parks, but to keep the standards for everyone else. Councilman Douglas seconded
the motion. Chairman Chapman asked for a vote on the motion. Councilmen Thomas, Douglas,
Collins and Rubin voted for the motion. Motion carried.
85-10 AGENDA ITEM #VII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING
THE ORDINANCES HAVING TO DO WITH GENERAL, POLICE AND FIRE RETIREMENT SYSTEMS
TO PROVIDE THAT CREDIT FOR MILITARY SERVICE MAY ONLY BE PURCHASED AFTER FIVE
YEARS OF SERVICE
Councilman Thomas moved that the Chairman read all three ordinances by title only.
Councilman Douglas seconded the motion. Motion carried.
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Chairman Chapman read the ordinances by title only as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING ORDINANCE 419 SECTION III, SUB -PARAGRAPH H 2, TO
PROVIDE ELIGIBILITY FOR CLAIMING MILITARY SERVICE CREDIT; PROVIDING
AN EFFECTIVE DATE.
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING ORDINANCE 420 SECTION'III, SUB -PARAGRAPH H.2, TO
PROVIDE ELIGIBILITY FOR CLAIMING MILITARY SERVICE CREDIT; PROVIDING
AN EFFECTIVE DATE.
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING ORDINANCE 421 SECTION III, SUB -PARAGRAPH H 2, TO
PROVIDE ELIGIBILITY FOR CLAIMING MILITARY SERVICE CREDIT;PROVIDING
AN EFFECTIVE DATE.
Councilman Rubin moved that all three ordinances be approved.
Councilman Thomas seconded the motion. Chairman Chapman asked if anyone in the
audience had any comments. There being none, the motion carried by a unanimous vote.
85-11 AGENDA ITEM #VIII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING
ORDINANCE NO. 524 PROVIDING FOR AN INCREASE IN THE FINE FOR ILLEGALLY PARKING
IN SPACES PROVIDED FOR THE HANDICAPPED FROM $25.00 TO $100.00
Councilman Douglas moved that the ordinance be read by title only. Councilman Collins
seconded the motion. Motion carried.
Chairman Chapmn read the title as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 524 OF THE ORDINANCE
CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER
17 SECTION 17-5, SUB -PARAGRAPH 2 TO INCREASE THE PENALTY
FOR VIOLATION FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED
DOLLARS; PROVIDING AN EFFECTIVE DATE.
Chairman Chapman asked for discussion. Councilman Collins made a motion that the amended
ordinance be adopted. Councilman Thomas seconded the motion Motion carried.
85-13 1 AGENDA ITEM #IX - DISCUSSION BY THE COUNCIL RELATIVE TO HAVING AN APPRAISAL
MADE OF THE CITY OWNED 154-ACRE PARCEL AND SUBSEQUENT LISTING FOR SALE OF
THIS PROPERTY INCLUDING THE TYPE OF LISTING PREFERRED
Discussion by- the Councilmembers ensued 'relative to having an appraisal made on the
City's 154 acres.
Two bids for appraisal fees have been received by Director Fortner. Council discussed
having Director Fortner contact certified appraisers (MAI's) for their appraisal fees so the City could
have their expertise on the property's value.(MAI's appraisal fees would range from $1,500 to $3,000).
Council members decided to have Director Fortner contact a few MAI's for their appraisal
fees and report back to Council.
85-12 AGENDA ITEM #X - DISCUSSION BY THE COUNCIL OF STREETS IN NEED OF RESURFACING.
STREETS_ WHICH SHOULD BE GIVEN IMMEDIATE CONSIDERATION ARE AS FOLLOWS:
1. S.W. 16th Street from Parrott Avenue to S.W. 3rd Avenue, on the north side of the
Brahman Theater.
2. S.W. 15th Street from 3rd Avenue to S.W. 5th Avenue.
3. N.E. 4th Avenue from North Park Street to N.E. 2nd Street, on the west side of
McDonalds.
After discussion by Council concerning the resurfacing of these streets, Councilman Thomas
made a motion allowing Director Fortner to prepare the specifications and request bids. Councilman
Collins seconded the motion. Chairman Chapman asked for a vote on the motion. Councilmen
Thomas, Collins, Douglas and Rubin were in favor of the motion. Motion carried.
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85-27 AGENDA ITEM #XI - DISCUSSION BY THE COUNCIL CONCERNING REQUESTS RECEIVED
FROM DEVELOPERS INTERESTED IN CONNECTING TO THE CITY SEWER SYSTEM IN THE _
AREA OF 441 SOUTH. APPROVAL WILL REQUIRE CHANGING OF RESOLUTION 84-12 AND
DETERMINATION BY THE ENGINEER OF CAPACITY CAPABILITY OF 6-INCH FORCE MAIN
WHICH WOULD SERVICE THIS AREA
Director Fortner stated, "I would like to share some additional information with the Council,
that wasn't in the status report. We did some preliminary engineering study on the six inch force
main that we have existing from Burger King to Sucre Bank. Council may remember, we are going to be
adding the schools to that force main (the one particular school being South Elementary). The pre-
liminary engineering report shows that by adding this school to that force main we are going to be
pushing capacity with that six inch force main,without making large modifications. The study shows
that possibily we need to look at a new force main to be installed, along S.W. 3rd Avenue.
This would allow the City to expand, if they choose to expand, and pick up these additional connections.
The six inch force main that is there now, will not handle the additional connections, if Council
chooses to connect those that have requested. Wal-Mart is not represented here tonight they have
called several times asking if anything has changed and could they connect to the sewer. I guess
the first item the Council needs to look at is a Resolution which states that no customer outside the
City limits would be connected to the sewer system. That resolution is in effect at this time. That
resolution is what it keeping the City from connecting these customers now".
Councilman Douglas stated, N have sore difficulty with changing the resolution, because we
required a facility to annex into the City before they could get sewer, the nursing home had to annex.
And if we go and change the sewer, I don't know what the legal ramifications would be on that. We
have been requested by Wal-Mart, we tried to get something started on annexing the property along
441 South, because it is developmental property, ideal commercial property, all the way to the lake.
That was voted down by the Council. I think we would be getting into a pretty big problem. In another
aspect by the time our project is completed, we will have very little capacityfor development within
the City limits."
Attorney Conlon stated that the resolution could be changed, because a resolution was just
the will of the Council.
Director Fortner stated, "Let me bring the Council up to date. We are presently pumping
through our plant now approximately 210,000 gallons. Our proposed connections with the new collection
system we are looking at 150,000 gallons. These are per day. The County schools are going to be
coming on,four total, approximately 70,000 gallons (they are more of a nine month flow, but you still
have to consider peaks while they are in school). Then you have the Boy's School coming on with a
100,000 gallons. That is 530,000 gallons. then you have these others gentlemen that would like to
connect, Wal-Marts , the mobile home park and Seminole Cove. We are looking at an additional 115,000
gallons. So you're immediately over the capacity of the plant,you're in an expansion situation. However,
you will be obtaining system capacity charges from these developments. They are going to be putting
in their systems connecting with the City. The City will in fact have to spend some money to put in
a larger force main. You are looking at approximately, the City's cost, $135,000.00. These are rough
estimates.
Based on their projected flow, the City is going to receive approximately $230,000.00 in syste
capacity charges. From these three possible connections. This depends on what DER requirements are
whether or not they are going to require additional underdrain system, whatever, at the spray field.
It is the decision of the Council, whether or not they want to have sewer connections outside the City
limits or do you want to keep it inside the City limits. I told these gentlemen that this was the first ---
thing to be considered, the Resolution. That is where we stand right now".
Councilman Thomas asked Director Fortner what would happen to the over capacity that we
have coming in. Director Fortner answered, "Well according to the preliminary figures we are
45,000 gallons over. We have discussed, there is a little bit of money in the budget this year to repair
some of our old lines in the City, which allows some rain water to get into the system. Then you are
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going to knock the 210,000 gallons down some, I don't know how much, you may get 10 - 20 - 25
thousand gallons off that. These gentlemen are not going to be developing overnight. It is going to
take, I don't know what their projection is, but they are going to be connecting people slowly over
a period of time. So you are not going to have all of that flow overnight. These are projected fi-
gures."
Mr. John Prevatt addressed Council and stated that they would like to come in on the
sewer system emen though there would be some cost, but they felt the added revenue would be a lot
better for the City than three more small sewer plants that would not be as efficient as the City's
sewer system is.
Councilman Rubin questioned the developers concerning the date they actually needed the
sewer service connected.
Director Fortner explained that it would be six months before Mr. Prevatt needed the sewer
service, but Mr. Williamson only had five days before he purchased the plant for his mobile home park.
Wal-Mart has already ordered their plant so they needed to know right away if the City is going to
allow them to connect so they could cancel the order.
Mr. Jack Williamson showed Councilmembers a map (trap on next page) outlining sewer for the
different developments, and stated, "All three developments are going to have to purchase their
own sewer plant if the City doesnot allow them to connect to the City's sewer system. These three
plants will be, no matter how well they are manufactured and how well they are monitored, those three
plants will be contributing polution to a degree to our underground water supply. It is going to cost
John Prevatt in the neighborhood of, according to the figures that L.C. and I went over today, '$90 -
$95,000. impact fee. It is going to cost me with Seminole Cove $90 - $95,000. impact fees. It is
going to cos-t Wal-Mart, for the businesses, it is going to cost them somewhere between $25 - $35,000
impact fee to hook up. We just recently hooked on the sewer of Okeechobee at the nursing home,
that cost us $36,000 for the privilege of hooking up to the City sewer plant. I am willing to spend
this $90 - $95,000 for two reasons. Not the fact that I can buy the plant for $70,000 and do the
job that Seminole Cove needs, our Engineering firm has designed the plant, we have the necessary
permits from the South Florida Water Management District and we have the necessary permits from
the DER that will let us put this plant there. I am willing to spend the additional $25,000 for the
privilege of hooking onto your plant. Why - I don't want to have to monthly monitor my plant. I
don't want monthly forms to fill out and send to DER. I am certain that down the road, John Prevatt,
Wal-mart and Seminole Cove well, eventually DER is going to make us hook onto your line anyway.
In addition to that we are willing to buy and install the line where you see between Wal-mart
and Seminole Cove. We will buy the material and install it to the City's Engineering specifications,
where you see it marked from the bottom up to the top to Durrence road, turn right on Durrence Road
and I will pay for the cost of the piping and installing it between Seminole Cove and Wal-Mart, north
to Durrence Road and turn east.
Wal-Mart is not present, neither is their representative, and in no way am I speaking for
them. But through a discussion we had with one of their representatives they would be interested
in this. Thenthey would pay for the cost where it says Wal-mart._Zoing north they would pay for that
line which would bring them out to the County right of way of Durrence Road. Come down the shoulder
of that, at that time, WaJ7_Mart and Seminole Cove would bear the expense of going east to 441. John
Prevatt would be coming from the east to the west at that point he would bring his line into it. And
L.C. said there would be a lift station required there, with a larger pump possibly three times the
capacity you presently have. We know that would be some cost, and I cannot say for Wal-Mart, but
I have joined with John and I am certain Wal-mart would agree to split that cost three ways. These
systems would then be donated to Okeechobee City. In addition to your impact fee of over $225,000
you would have themonthly fee coming in which L.C. told me would be in the neighborhood of $4,200
per month for my sewer project".
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Director Fortner stated, "One other thing that hasn't been mentioned, we have a contract
now with Taddie Underground, on the the collection system and #~dice main inside the City limits.
One of these goes from S.W. filth Street from 3rd Avenue north to the old school building and out to
441 which connects that area to the sewer system. That is a six inch force main. If we connect
these that are donated into the force main along 3rd Avenue, that section of six inch force main
that is under contract now, the pipe is laying on the ground) we could change that under this con-
tract and put the ten inch pipe in and we could possible save some money and some time. You wouldn't
be duplicating the six inch and the ten inch on the same right of way. It's close, we need some decision
so we can contact the contractor and go ahead and hook up. These are things that are happening
rather quickly here and the Council need to make a decision on it".
Discussion ensued by Councilmembers concerning the resolution.
Councilman Collins made a motion that the resolution be changed to read that anytime
the Council sees that the request is for the benefit of the City of Okeechobee, that we extend our
services out of the City limits we can do so.
Attorney Conlon clarified the motion as follows: withdraw that part of the resolution, either
serve within the City limits or you don't.
Councilman Thomas seconded the motion.
Chairman Chapman asked for a vote on the motion. Councilmen Collins, Thomas, Rubin
were in favor of the motion. Chairman Douglas opposed. Motion carried.
Clerk Thomas asked for a clarification of the motion.
Councilmembers discussed repealing the resolution and adopting a new resolution.
Attorney Conlon stated that he could, if Council wished, read the resolution into the minutes
which repeals the old resolution, and the Council could make a motion to adopt the new resolution as
read.
Attorney Conlon read the first resolution into the minutes being 85-2 as follows:
RESOLUTION
#85-2
A RESOLUTION REPEALING RESOLUTION #84-12
WHEREAS, the City of Okeechobee operates a central sewer system within and
without the corporate limits of the City and;
WHEREAS, Resolution 84-12 limits services beyond the corporate limits and;
WHEREAS, the City of Okeechobee desires to repeal in total Resolution 84-12.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE
as follows:
Resolution #84-12 is hereby repealed.
INTRODUCED AND ADOPTED in regular session assembled this 21st day of January,1985.
The Second resolution being Resolution #85-3 as follows:
RESOLUTION #85-3
WHEREAS, the City of Okeechobee operates a central sewer system within and
without the corporate limits of the City of Okeechobee and;
WHEREAS, said system is presently operating near capacity and; -
WHEREAS, the public health and safety requires the system to be managed care-
fully so as not become overloaded;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OKEECHOBEE as follows:
1. That tap-ons consisting of less than 1,000 gallons per day will be permitted
upon proper application to the department of public utilities.
2. That any applications for more than 1,000 gallons per day, per applicant, must
be presented to the City Council.
Introduced and adopted in regular session this 21st day of January, 1985.
Councilman Collins withdrew his first motion, Councilman Thomas his second, and then
Councilman Collins moved that the resolutions be adopted as read by Attorney Conlon. Councilman
Thomas seconded the motion. Chairman Chapman asked for a vote on the motion. Councilmen
Collins, Thomas and Rubin were in favor of adopting the resolutions as read. Councilman j,Douglas
opposed. Motion carried.
Director Fortner asked if Council would authorize him to retain an engineer to draw the
necessary plans for the force main. Councilman Collins moved that the Council give Director Fortner
the authorization to go ahead with whatever needed to be done concerning the additional hookups to
the sewer system.
Director Fortner requested that the City retain Jim Broome for the necessary engineering
services. Councilmembers agreed.
Councilman Rubin seconded the motion. Motion carried.
85-26 AGENDA ITEM #XII - DISCUSSION BY THE COUNCIL OF SECTION 18-15 OF THE CODE OF
ORDINANCES REQUIRING THAT EVERYLOT CONNECT TO CITY WATER WHERE AVAILABLE
Chairman Chapman opened the floor for discussion.
Director Fortner explained that there were several situations where landowners were being
required by State Law to hook up to City sewer, but they were not presently using City water. There-
fore, the City did not have any way to measure the amount of sewage that would be used, unless they
were forced to hook up to City water, or forced to purchase a meter from the City for $50.00 which
would record the amount of well water used. The ordinance states "they shall connect...".
Council discussed changing the word "shall" to "may". Director Fortner to research the
ordinance and report back to Council.
85-26 AGENDA ITEM #XIII - DISCUSSION AND ACTION BY THE COUNCIL TO APPROVE EXPANSION OF
THE WATER SYSTEM BY MATERIAL COST OF $7,000.00
Director Fortner stated there was a new commercial building being constructed on S.W. 7th
Avenue between 2nd and 3rd Street, Pioneer Gas, an office building for themselves and six rental
spaces. City Water is not available so thA water lines had to be extended. Council's approval needed
to transfer funds. Councilman Douglas moved to authorize the transfer of $7,000.00 from the system
capacity charges for the expansion of the system--Councilman-Thomas seconded the motion. Motion carr
85-25 A_ Z NDA ITEM #XIV - DISCUSSION BY THE COUNCIL RELATIVE TO AMENDING SECTION 18-43
j PARAGRAPH C OF THE CODE OF ORDINANCES WHICH PROVIDES EXCEPTION TO A SEPARATE
AND INDEPENDENT SEWER BEING PROVIDED FOR EVERY BUILDING IF BUILDING HOUSES
MULTIPLE OFFICES OR DWELLINGS, THEN ONE SEWER CONNECTION MAY BE INSTALLED PRO-
VIDING THAT ALL FEES AND CHARGES BE PAID ON A PER UNIT BASIS
Councilmembers discussed amending the ordinance which provides exception to a separate
and independent _sewer being .providdd for every building if building is houses, multiple offices or
dwellings, then one sewer connection may be installed providing that all fees and charges be paid
on a per unit basis.
Councilmembers agreed that the ordinance be amended.
AGENDA ITEM #XV - ACTION BY THE COUNCIL TO APPOINT L.C. FORTNER, JR., AS DIRECTOR
OF THE DEPARTMENT OF PUBLIC UTILITIES
Chairman Chapman asked for a motion to appoint L.C. Fortner, Jr., as Director of the
Department of Public Utilities. Councilman Collins made the motion to appoint L.C. Fortner, Jr. as
Director of Public Utilities. Councilman Douglas seconded the motion. Motion carried.
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85-16 AGENDA ITEM #XVI - ACTION BY THE COUNCIL TO AWARD APPROVAL OF INSURANCE COVERAGE
TO ONE OF TH EE COMPANIES FROM )* M BIDS WERE RECEIVED
Director Fortner requested that the Council accept the low bid from Berger Insurance Agency
for the amount of $96,413.00. (' Million Dollar W.C. coverage included), and that Council pay the insurance
premium in installment payments to help with the City's cash flow.
Councilman Collins moved that the Council accept the low bid from Berger Insurance Agency
in the amount of $96,413.00. Councilman Thomas seconded the motion. Motion carried.
85-17 AGENDA ITEM #XVII - DISCUSSION BY THE COUNCIL_ CONCERNING CITY ADMINISTRATION OF
COMMUNITY SERVICE BLOCK GRANT FUNDS, TO BE APPLIED FOR BY HOSPICE, THROUGH THE
DEPARTMENT OF COMMUNITY AFFAIRS. DEADLINE FOR SUBMISSION OF APPLICATION IS
FEBRUARY 1, 1985
Upon discussion by the Council concerning City Administration of Community Service
Block Grant Funds, to be applied for by Hospice, through the Department of Community Affairs,
Councilman Rubin moved that the City apply for the grant. Councilman Collins seconded the motion.
Attorney Conlon read the resolution into the minutes as follows:
RESOLUTION # 85-4
A RESOLUTION SUPPORTING HOSPICE IN ITS ATTEMPT TO
OBTAIN A GRANT FUNDED THROUGH THE COMMUNITY
SERVICES BLOCK GRANT, FEDERAL FISCAL YEAR 1985
WHEREAS, the City Council of the City of Okeechobee recognizes the benefits
of the Hospice organization to the residents of the City of Okeechobee; and
WHEREAS, the City of Okeechobee desires to support Hospice in its attempt
to obtain a grant through the Community Services Block Grant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OKEECHOBEE, FLORIDA:
Section 1. That the City of Okeechobee does hereby support Hospice in its
attempt to obtain a grant through the Community Services Block Grant.
Section 2. That this Resolution shall take effect upon its adoption.
Introduced and adopted in regular session assembled this 21st day of January 1985.
Chairman Chapman asked for a vote on the motion made allowing the City apply for the
grant in behalf of Hospice. Motion carried.
Chairman Chapman asked for a motion approving the resolution as read by Attorney Conlon.
Councilman Collins made the motion. Councilman Thomas seconded the motion. Motion carried.
AGENDA ITEM #XVIII - MAYOR TO CALL ON AUDIENCE FOR ANYONE WISHING TO ADDRESS THE
COUNCIL
Jack Williamson addressed Council and requested that the City furnish sewer to him for
Seminole Cove and on behalf of John Prevatt for his trailer park, because the resolution which was
just: passed stated anything over 1,000 gallons had to be brought before the Council. Mr. Williamson
stated that he would like to ask that Wal-Mart be served with sewer also.
Director Fortner stated that Wal-Mart's representative, Tony Miller, has contacted him sev-
eral times concerning the sewer connection, since the first time he (Miller) approached Council, but that he
would contact him to inform him that the resolution has been changed and if he would like to make
a written application to the City at this time for the Council to consider.
Councilman Collins made a motion that contingent upon them (Williamson, Prevatt and Miller),
submitting something in writing stating they would pay for all required fees to connect and when that
is accomplished they (the applicants) can proceed.
G
3619
k 7' _ �5
Councilman Thomas seconded the motion. Motion carried.
AGENDA ITEM #XIX - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, ADMINISTRATIVE
ASSISTANT AND COUNCILMEN FOR REPORTS AND/OR REQUESTS
Clerk Thomas presented the Warrant Registers for Council's approval.
Clerk Thomas concerning the P.A. System for the Council Chambers in the amount of
$1800.00. Councilman Thomas made a motion that the Clerk purchase a P.A. System, as discussed
previously. Councilman Douglas seconded the motion. Motion carried.
Clerk Thomas stated there was a grazing lease with Gladys Freeman for $2,750.00 per year
up for renewal during the month of January.
After discussion concerning the lease, Councilman Rubin made a motion that the City hold
off on leasing the property at this time. Councilman Collins seconded the motion. Motion carried.
Director Fortner asked Council if they wished to appoint another member to the Code
Enforcement Board at this time or wait until another time.
Councilman Collins asked Director Fortner about a member on the Code Enforcement Board
that lives outside the City limits, his'mailing address being at his mother's home within the City limits.
Clerk Thomas stated that upon calling to verify, the member's mother told here that her son did live
with her in Okeechobee Estates. Director. Fortner will check into the situation and report back to Council.
Councilman Rubin suggested the Council not appoint another member of the Code Enforce-
ment Board at this time, wait until after the workshop meeting with the County Commissioners
discussing the Building Department merger.
Director Fortner stated there was a situation with one of the City's contractors, Taddie
Underground, where they would not complete one portion of the project before they went to another
site. Also, the two backhoe's Taddie Underground is using have been repossessed. The City has
a performance bond which the City could fall back on if it was needed.
Councilman Collins stated, "During the Workshop Session concerning the attorney,
Mr. Conlon had stated that he was not at the meeting to justify his salary, so from the position that
the attorney has taken I make a motion that we release him of his duties as City Attorney tonight".
Councilman Rubin seconded the motion. Chairman Chapman asked for a vote on the motion. Council-
men Collins, Rubin and Thomas voted for the motion. Councilman Douglas voted against the motion.
Chairman Chapman voted for the motion. Motion carried.
Chairman Chapman stated that the Council needed to appoint an attorney on a temporary
basis. Chairman Chapman suggested that Director Fortner contact Lester Jennings concerning
the City's legal. needs on a temporary basis. Councilman Collins moved that Director Fortner
contact Lester Jennings concerning the position. Councilman Rubin seconded the motion. Chairman
Chapman asked for a vote on the motion. Councilmen Collins, Rubin, Thomas and Douglas were in
favor of the motion. Motion carried. Attorney Conlon stated that he would have all the files ready.
Councilman Thomas asked Director Fortner about the signal lights at the main intersection
in town, and the possibility of additional signal lights on side streets. Director Fortner will check into
it and see what is available.
Councilman Rubin stated that he attended .the Central Florida Regional Planning Council
meeting where Bill Miller told him that he felt assured that the City would receive their grants.
Councilman Rubin moved that a Workshop Meeting be set to discuss the drainage, paving
and traffic counters on Monday, January 28th, 1985. Councilman Collins seconded the motion.
Motion carried.
85_8 Councilman Douglas made a motion that the Warrant Registers be approved for the Water
�- and Sewer Fund in the amounts of $30,768.21 and $14,827.41, The General Fund in the amounts of
$14,716.27 and $110,804.30, The I & S Fund in the amount of $10,893.90. Councilman Thomas seconded
the motion. Motion carried.
3620
AGENDA ITEM #XX - ADJOURNMENT
There being no further business to discuss the meeting was adjourned at 11:00 P.M.
ATTEST:
BONNIE S. T OMAS, CM
CITY CLERK
OAKLAND R.CHAPMAN
MAYOR
AGENDA
CITY COUNCIL MEETING
JANUARY 21, 1985 - 7:00 p.m.
I. Call to Order.
II. Invocation offered by City Clerk Bonnie Thomas.
III. Pledge of Allegiance led by Mayor Oakland Chapman.
IV. Approval of the minutes of the regular meeting of January 7, 1985.
V. Special presentation of appreciation to be made by Mayor Chapman.
VI. Appearances:
1. Mr. M. Vincent Protheroe, Consulting Engineer, Gainesville,
Florida and Mr. Lorne W. Hunsberger, Certified Public
Accountant, Tampa, Florida representing their respective
firms with presentations of their qualifications relative
to performing a cost of service study on the City's water
and sewer service within and without the City limits.
2. Mr. Moseley Collins and Mr. Phil Berger representing the
Industrial Development Authority to request City water
service to the Industrial Park. If approved this will
require discussion of the necessity to amend Chapter 18-30
of the Code of Ordinances.
VII. Public hearing and final reading of an ordinance amending the ordinances
having to do with general, police and fire retirement systems, to provide
that credit for military service may only be purchased after five years
of service.
VIII. Public hearing and final reading of an ordinance amending Ordinance No. 524
providing for an increase in the fine for illegally parking in spaces
provided for the handicapped from $25 to $100.
IX. Discussion by the Council relative to having an appraisal made of the
City owned 154-acre parcel and subsequent listing for sale of this
property including the type of listing preferred.
X. Discussion by the Council of streets in need of resurfacing. Streets
which should be given immediate consideration are as follows:
1. S.W. 16th Street from Parrott Avenue to S.W. 3rd Avenue.
this is on the north side of the Brahman Theater.
2. S. W. 15th Street from 3rd Avenue to S.W. 5th Avenue.
3. N. E. 4th Avenue from North Park Street to N.E. 2nd St.
this is on the west side of MacDonalds.
XI. Discussion by the Council concerning requests received from developers
interested in connecting to the City sewer system in the area of 441
South, Approval will require changing of Resolution 84-12 and
determination by the Engineer of capacity capability of 6-inch force
main which would service this area.
XII. Discussion by the Council of Section 18-15 of the Code of Ordinances
requiring that every lot connect to City water where available.
XIII. Discussion and action by the Council to approve expansion of the water
system by material cost of $7,000.
XIV. Discussion by the Council relative to amending Section 18-43, paragraph
(c) of the Code of Ordinances which provides exception to a separate
and independent sewer being provided for every building if building
houses multiple offices or dwellings, then one sewer connection may be
installed providing that all fees and charges be paid on a per unit
basis.
I
Agenda
January 21, 1985
page 2
XV. Action by the Council to appoint L. C. Fortner, Jr. as Director of
the Department of Public Utilities.
XVI. Action by the Council to award approval of insurance coverage to one
of three companies from whom bids were received.
XVII. Discussion by the Council concerning City administration of Community
Service Block Grant Funds, to be applied for by Hospice, through the
Department of Community Affairs. Deadline for submission of application
is February 1, 1985.
XVIII. Mayor to call on audience for anyone wishing to address the Council.
XIX. Mayor to call on City Clerk, City Attorney, Administrative Assistant and
Councilmen for reports and/or requests.
xx. Adjournment.
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