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1982-02-09 Regular Meeting3004 82 -1 82 -14 REGULAR MEETING FEBRUARY 9, 1982 The City Council of the City of Okeechobee, Florida, convened in regular session in the City Council Chambers, City Hall, Okeechobee, Florida, on Tuesday, February 9, 1982, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Donald Burk, Jim Knight and Oakland Chapman. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobley and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order, L. C. Fortner gave the invocation and the Pledge of Allegiance was given. APPROVAL OF MINUTES Councilman Burk noted a discrepancy in the January 26, 1982, Council minutes in regard to the discussion of the City- County Fire Department Merger. Councilman Burk did not vote on the motion to abolish the fire negotiations committee as he was a committee member and Chairman Douglas voted in favor of the motion, not against. There being no other corrections, Councilman Chapman moved to approve the minutes as corrected. Seconded by Councilman Watford. Motion carried. FINAL READING - PUBLIC HEARING 'ORDINANCE AMENDING SECTION 4 OF ORDINANCE 289 Chairman Douglas read the Ordinance in its entirety: AN ORDINANCE AMENDING ORDINANCE NO. 289 OF THE CITY OF OKEECHOBEE; AMENDING SECTION 4 TO ESTABLISH RATES AND CHARGES FOR THE USE AND SERVICES OF THE MUNICIPAL WATER WORKS AND SEWER SYSTEM OF THE CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA as follows: SECTION I: That Section 4 of Ordinance No. 289 be and it hereby is amended to read as follows: Section 4: That commencing with the first water meter readings following the adoption of this ordinance there is hereby established a schedule of monthly rates and charges for the use and services of the municipal waterworks system and municipal sewer system, as follows: Inside City Limits 5/8 X 3/4" Meter 1„ 12" 2" *3" MONTHLY WATER RATES Availability Charge (Minimum), 3.50 Monthly for 1,000 gallons 8.75 Monthly for 1,000 gallons 17.50 Monthly for 1,000 gallons 28.00 Monthly for 1,000 gallons 56.00 Monthly for 1,000 gallons Plus $1.65 per 1,000 gallons for all water used in addition to the above minimum. 3005 82 -22 Outside City Limits 5/8 X 3/4" Meter 1" 11" 2" 3" Availability Charge (Minimum) 4.37 Monthly for 1,000 gallons 10.93 Monthly for 1,000 gallons 21.87 Monthly for 1,000 gallons 35.00 Monthly for 1,000 gallons 70.00 Monthly for 1,000 gallons Plus $2.06 per 1,000 gallons for all water used in addition to the above minimum. *Rates and meter charges for meters in excess of 3" will be negotiated. MONTHLY SEWER RATES All residential connections will be billed at 80% of water bill for same month. All commercial connections will be billed at 100% of water bill for same month. SECTION II: THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. Introduced and passed on second and final reading this 9th day of February , 1982. Mr. Andrew Rubin appeared before the Council to voice his opposition to the rate increase and asked for a professional survey. Director Fortner responded to Mr. Rubin's call for a professional survey stating that an engineering firm was hired to do a water rate study. This firm recommended the rates be raised considerably to cover projected expenses. Mr. Marvin E. Wheeler appeared before the Council requesting that the City send an uninterested person with the meter readers to pick up any meter that has more than one resident or business connected. Director Fortner informed Mr. Wheeler that the water going through the meter is charged for. If meters were installed, the City would have to maintain them at an additional expense. After further discussion between Council members and Director Fortner, Councilman Chapman moved to adopt Ordinance amending Ordinance 289 as proposed. Seconded by Councilman Knight. Motion carried. BID TABULATIONS OFFICE SUPPLIES Chairman Douglas informed the Council bids had been received for office supplies for the City noting Office Products of Fort Pierce was the low bidder: Bid Dollar Bid Dollar No. Items Not Bid and Approx. Cost Total Projected Bid 1. Bowen Supply $3,059.28 0 $ -0- $3,059.28 301 N Palmer Street Plant City, FL 2. Office Products $2,995.71 0 $ -0- $2,995.71 208 Avenue A. Fort Pierce, FL 3. Shattuck Co $2,253.01 2 $ 940.00 $3,193.01 122.N Second Street Fort Pierce, FL 4. Halsey Griffith $2,064.22 7 $1,083.26 $3,147.48 P.O. Box 3066 West Palm Beach, FL 5. Efficiency Office Supply $2,849.34 3 $1,006.96 $3,856.30 620 S Parrott Avenue Okeechobee, FL 6. Okeechobee Office Supply $3,950.23 0 $ -0- $3,950.23 114 S.W. 5th Avenue Okeechobee, FL 3006 82 -10 82 -19 *Approximate Cost of Items Omitted Total Low Bidder: Office Products Less Items Available Through State Purchase Total Purchase from Office Products Total Purchase from State Contract Expenditures for these Office Supplies $2,995.71 $1,594.27 $1,401.44 $ 929.62 $2,331.06 Cash Savings of $664.65 by purchasing some items through State Purchasing Contracts. After discussion between Council members and Director Fortner relative to the bids, Councilman Knight moved to award the bid for office supplies to Office Products and Services, Inc. Seconded by Councilman Chapman. Motion carried. PURCHASE OF NEW FIRE TRUCK Chairman Douglas informed the Council a decision must be made in regard to the purchase of a new fire truck. Assistant Fellows explained that the Ordinance authorizing the issuance of the note had been adopted. If appropriate, Council must now authorize the Mayor and the City Clerk to execute the Note which would enable the City to get the $55,000.00 from the Bank and place in an account so the bid can be awarded. Mr. Fellows further explained the money could be placed in an interest bearing account until the bid is awarded. After a brief discussion, Councilman Chapman moved to purchase a new fire engine and give authorization to execute a Note between the City of Okeechobee and the Okeechobee County Bank in the amount of $55,000.00 payable over 6 years at 8% interest. Councilman Watford questioned the wording of the motion, whether it was to go ahead with the purchase of the fire truck or just execute the Note. Councilman Chapman stated he had no objection to going ahead with the purchase of the truck. After a brief discussion between Council members, Councilman Chapman withdrew his original motion and moved to authorize execution of the Note between the City and the Okeechobee County Bank in the amount of $55,000.00. Seconded by Councilman Knight. Following a brief discussion from members of the audience, Chairman Douglas called for a decision of the Council. Councilmen Watford, Knight and Chapman voted in favor of the motion. Councilman Burk opposed the motion. Motion carried. FIRST READING - ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 14 -- SHOOTING OF FIREWORKS Chairman Douglas informed the Council of the first reading of an Ordinance allowing the shooting of fireworks in connection with a community -wide celebration. Councilman Burk moved to read the Ordinance by title only. Seconded by Councilman Chapman. Motion carried. 3007 3 82 -23 82 -24 Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE.CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 14 SECTION 14 -6 TO PROVIDE A NEW SUB - SECTION c. TO ALLOW THE USE OF FIREWORKS FOR A COMMUNITY PROJECT APPROVED BY THE CITY. Councilman Burk moved the Ordinance be advertised and set for public hearing February 23, 1982. Seconded by Councilman Chapman. Motion carried. RESOLUTION VACATING AND ABANDONING CERTAIN RIGHTS OF WAY WITHIN THE CITY LIMITS OF OKEECHOBEE Chairman Douglas informed the Council of a Resolution vacating and abandoning certain rights of way within the City limits of Okeechobee and read the Resolution in its entirety: RESOLUTION NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: 1. That the following described property be, and it hereby is, abandoned, and vacated in all respects reserving to the city for future use, if needed, a fifteen (15) foot utility easement running parallel and next to the east side of the right of way. The west 34 feet of Okeechobee Avenue lying west of Block 164 and south of South Park Street and north of the southerly line of Lot 6 of Block 164 extended, as recorded in Plat Book 5, page 5 of the public records of Okeechobee County, Florida. Said portion of Okeechobee Avenue being vacated measures approximately 34 feet by 1422 feet reserving the east 15 feet as an easement for future extension of utilities. 2. This resolution shall take effect immediately upon its adoption. Introduced and passed in regular session assembled this day of , 1982. Council members briefly discussed the fact that the Resolution should stipulate there is a trade being made between the City and the owner, Dennis Mulberger. Councilman Burk moved to table any action on this matter until the next meeting to allow a change in the Resolution stipulating the exchange. Seconded by Councilman Chapman. Motion carried. CORRESPONDENCE WITH DEPARTMENT HEADS 1) CITY ATTORNEY A) OFFICE OF REVENUE SHARING AGREEMENT Attorney Conlon informed the Council the Office of Revenue Sharing Agreement was sent to the City without the attachments. Mr. Fellows is in the process of checking into this matter. B) LAWSUIT (POWELL VS CITY) Attorney Conlon informed the Council the lawsuit filed against the City has been forwarded on (Wilson, Elser, Edelman & Dickers in New York). There has been no word from anyone representing the City as yet. 3008 82 -6 82 -25 C) LAGROW SUIT Attorney Conlon informed the Council he has received a proposal from Sverdrup and Parcel: We will provide construction cost estimates for: 1) removing the existing reservoir down to the floor slab and rebuilding to the original dimensions; and 2) removing completely the existing reservoir and building a totally new reservoir of like proportions, for a fee of $2,900.00 We will further assist the City of Okeechobee in deposition, testimony or other participation as requested. Since the amount of time, if any, required for these activities cannot be predetermined, we propose to provide these services to the City at an hourly rate as follows: Chief Engineer (Mr. J. H. Dent) $65.54 Estimator $40.25 Payment for direct costs such as travel expense and telephone is explained in Part B of the attached Standard Contract Provision Form. Payment is to be made promptly, and is not contingent upon the results of any legal action, arbitration or settlement. Attorney Conlon stated another estimate would be forthcoming from a firm in West Palm Beach. Council members discussed briefly the fact they had previously approved the contract with Sverdrup and Parcel. Chairman Douglas read from the minutes of January 12, 1982, the motion to approve the contract with Sverdrup: "After further discussion between Council members and the Attorneys, Councilman Watford moved to contract with Sverdrup for a cost estimate and with the firm of Jenkins and Charlan, Inc. for their expert testimony. Seconded by Councilman Burk. Motion carried." Councilman Burk moved the proposal from Sverdrup be adopted. Seconded by Councilman Chapman. Motion carried. 2) CITY CLERK Aj MONTHLY FINANCIAL STATEMENT Clerk Thomas informed the Council the first monthly financial statement from the new computer system had been prepared and distributed. 3) ADMINISTRATIVE ASSISTANT A) BUDGET TRANSFERS Assistant Fellows informed the Council of a budget transfer between the Clerk's Office, Water Department and the Building and Zoning Office: 524 -00 -1200 to 513 -00 -1200 Salaries 524 -00 -2100 to 513 -00 -2100 FICA 524 -00 -2200 to 513 -00 -2200 Retirement 524 -00 -2300 to 513 -00 -2300 L/H 524 -00 -2400 to 513 -00 -2400 WC Total Transferred 515 -00 -4901 536 -00 -1200 536 -00 -2100 536 -00 -2200 536 -00 -2300 536 -00 -2400 Education to 524 -00 -1200 Salaries to 524 -00 -1200 Salaries to 524 -00 -2100 FICA to 524 -00 -2200 Retirement to 524 -00 -2300 L/H to 524 -00 -2400 WC Total Transferred T $4,575.00 307.00 228.00 186.00 14.00 $5,310.00 $ 160.00 2,814.00 188.00 141.00 186.00 7.00 $3,496.00 Til 3009 3 82 -13 82 -18 82 -9 Councilman Knight moved to make the budget transfers. Seconded by Councilman Chapman. Motion carried. B) UNITED TELEPHONE SERVICE FRANCHISE Assistant Fellows informed the Council he had been contacted by the United Telephone Service relative to beginning negotiations on a new franchise. The consensus of the Council was to allow Mr. Fellows to begin negotiations with United Telephone Service. CORRESPONDENCE WITH COUNCILMEN 1) DOWLING WATFORD, JR. A) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford informed the Council he had attended the Central Florida Regional Planning Council on January 27th and the February 24th meeting will be held in Okeechobee. Councilman Watford requested permission of the Council to allow someone on the City staff to make arrangements for the meeting. Council members voiced no objection to the request. RECESS Chairman Douglas recessed the meeting at 8:14 P.M. until 8:30 P.M. JOINT MEETING BETWEEN CITY COUNCIL AND AND COUNTY COMMISSION RELATIVE TO DOUBLE TAXATION ISSUE Chairman Douglas reconvened the regular City Council meeting at 8:30 P.M. in a joint meeting with the County Commissioners with Chairman Harvey of the County sharing the Chair. Other members of the County Commissioners present were: Jim Lashley, Clyde Durrance, Oscar Thomas and Sarah Price. Chairman Douglas stated the purpose of this meeting is to discuss the double taxation issue in the City and County and opened the floor for discussion. CITY - COUNTY FIRE DEPARTMENT MERGER Chairman Harvey stated he felt the Fire Department merger should be discussed as a decision on this matter could eliminate a portion of the double taxation issue. Councilman Watford questioned the County as to whether they feel the discussion of the merger is necessary before there is any attempt to solve the double taxation issues. Chairman Harvey stated if there is a merger, there is no need to discuss the double taxation issue. If you don't merge, then there is a double taxation issue that needs to be discussed. Commissioner Lashley stated he felt the fire department merger is the only major issue of double taxation. If this matter is resolved, one stepping stone is eliminated. Lashley further stated the City created this situation in 1977 when they told the County to pay x- number of dollars of overall ad valorem taxes to fight county fires. In lieu of that, the County went into the fire fighting business for about the same money. I% FIT 3010 Commissioner Durrance stated he does not feel double taxation exists in the Fire Department, the County has offered to fight fires within the City. If the City is interested in merging, prepare a proposal and the County will look at it, if the City is not going to merge, say so. Members of the two Boards discussed the proposal that had been accepted by the County. Councilman Watford stated he did not feel this was our proposal as he was not a member of the committee. It was the committee's proposal. Councilman Burk stated the proposal was never intended to be an agreement or a proposal only a working concept and does not understand why the County adopted this document. Burk further stated that a merger would benefit the general public. Councilman Watford stated he had been elected to serve the residents of the City of Okeechobee. The question he would ask on the merger is, "Will this merger still provide the service to the City residents that we are getting now? I don't know that it would because we would be more spread out ". In response to Commissioner Price's remark that the County felt the City had "slammed the door in our face ", Councilman Watford explained that was not the intent of the Council to completely stop the negotiations. Watford further explained the intent of the committee was to come up with something for the two Boards to negotiate with. The Council member serving on the committee felt his job had been done and asked that he be relieved of any further responsibility. Members of both Boards discussed alternative methods of the merger including a referendum vote and the City taking over control of the merged Fire Department with the County giving permission to place sub - stations in the County. Chairman Harvey took a poll of the ten Board members as to who is in favor of a merger. The results are as follows: Commissioner Price - -Yes Commissioner Thomas - -Yes Commissioner Durrance - -Yes Commissioner Lashley - -I'm for the proposed agreement with some of the mentioned alterations and with the understanding it won't affect fire rating. Chairman Harvey - -Yes Chairman Douglas - -Yes Councilman Chapman - -Merge if the City controls, it not, then no. Councilman Burk - -Yes Councilman Knight - -If things can be worked out, I'm for it. Councilman Watford - -My opinion would have to be I do not believe it's in the best interest of the City residents at this time with this proposal. At this point, the consensus of the County Commissioners was that they have done everything they could. The next move would be for the City to prepare and present a proposal to the County. h. T Tllt 3011 82 -18 82 -18 After further discussion, Chairman Douglas stated the City needs to make the decision to either work further on the proposal or keep the City Fire Department and have two separate fire departments. ROAD AND BRIDGE DEPARTMENT Mr. Ed Strube of Kelton and Associates appeared before the group to give an overview of the study and answer any questions. Mr. Strube explained that the Kelton study found the paved roads in the City and the paved roads in the County are being maintained by the County Road and Bridge Department. The unpaved roads in the City are not being maintained by the County Road and Bridge Department but the unpaved roads in the unincorporated areas of the County are being maintained by the County Road and Bridge Department. Strube further explained that revenues within the County's transportation Road and Bridge Fund should be spent on countywide services or programs. The Florida Constitution provides that no countywide revenues should be spent for the benefit of residents in the unincorporated area. The Kelton study concludes that unpaved roads in the unincorporated areas solely benefit the unincorporated area taxpayers. Strube explained the study found no evidence of corresponding unincorporated area revenue to offset that unincorporated area expenditure thus making it evident that countywide revenues are being spent to maintain a service of maintenance of roads in unincorporated areas solely for the benefit of unincorporated area residents. Mr. Strube briefly explained one of the remedies as provided by the Florida Statute that being a monetary reimbursement by the County to the City. Members of the combined Boards discussed at length with Mr. Strube the facts and figures of this portion of the Kelton study. SHERIFF'S ROAD PATROL Mr. Sturbe explained to the members the Sheriff's record section was reviewed as to the number of complaints registered for fiscal years 1979 -80 and 1980 -81. Approximately 6,000 complaints are filed annually with the Sheriff's Office. While making the study, the firm took a sample using every 10th day thereby giving a cross section of each day of the week. The ratio of calls in the City versus the calls handled on a countywide basis is approximately 3 %. Two factors were used in achieving the percentage of double taxation: 1) Population and 2) Assessed Valuation. Members of the combined Boards discussed various aspects of the Sheriff's Road Patrol and Investigation operation. Chairman Harvey questioned Mr. Strube in regard to any credit given for visibility of Sheriff's cars. Mr. Strube responded that no consideration to this factor had been given. 3012 82 -18 82 -18 82 -18 BUILDING AND ZONING Chairman Harvey stated he has no doubt double taxation does exist in the Building and Zoning Departments. Harvey informed the City the County is presently making plans to adjust fees in order to make the Building Department self- supporting. CONCLUSIONS City Attorney Conlon requested that the County analyze the report and come back to the City with a written proposal. The City is to the point now where they need some working papers from the County. Members of the City Council and County Commissioners agreed the meeting had been beneficial. County Attorney VanLandingham stated the County is required to respond to the original Resolution within 90 days which they intend to do. ADJOURNMENT Meeting adjourned at 10:45 P.M. ATTEST: Bonnie S. omas City Clerk City of Okeechobee dward W. Douglas Mayor /Chairman City of Okeechobee E ‘*tsc- SPECIAL SESSION THURSDAY, FEBRUARY 18, 1982 The City Council of the City of Okeechobee, Florida, convened in special session in the City Council Chambers, City Hall, Okeechobee, Florida, on Thursday, February 18, 1982. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobley and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order at 7:05 P.M. and informed Council members the purpose of this special meeting was to study the proposal presented to the City Council by the County Commissioners in an attempt to resolve the double taxation issue. Councilman Watford referred to the portion of the proposal which states "This proposal is made on the condition that acceptance by the City will operate to completly resolve the issue of "double taxation" and the City will relinquish and release any further claim against T T AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING FEBRUARY 9, 1982 1. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of January 26, 1982. Public hearing and final reading of an ordinance proposing to increase water and sewer rates in the Water and Sewer Division of the Department of Public Works. IV. Receipt of tabulation of bids for the furnishing of office supplies for the city for the fiscal year ending September 30, 1982 and action by the Council to award contract on same. V. Further discussions by City Council relative to purchase of a new fire engine and authorization to execute note between the City and Okeechobee County Bank in the principal amount of fifty five thousand dollars payable over six years at eight percent interest. VI. Introduction and first reading of an ordinance amending the Code of Ordinances to add a new section to Chapter 14 allowing the shooting of fireworks in connection with a community wide celebration where the City Council has been assured that proper arrangements have been made for insurance, safety, etc. and setting of a public hearing for February 23rd. VII. Adoption of a resolution vacating and abandoning certain rights of way within the city limits of Okeechobee, namely the west 34 feet of Okeechobee Avenue lying west of .Block 164 and south of South Park Street. VIII. 8:30 P.M. meeting with the Board of County Commissioners relative to the matter of Double Taxation. IX. Mayor to call on anyone in audience wishing to address the Council. X. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. X. Adjournment