1982-05-25 Regular Meeting3063
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REGULAR MEETING TUESDAY, MAY 25, 1982
The City Council of the City of Okeechobee, Florida, met in regular session at 7:00 P.M.,
Tuesday, May 25th, in the City Council Chambers, Okeechobee, Florida.
Chairman /Mayor, Edward W. Douglas, presided with the following Councilmen present:
Donald Burk, Dowling Watford, Jr, Oakland Chapman, and Jim Knight.
Others present were: City Clerk, Bonnie S. Thomas; City Administrator, Richard C. Fellows;
City Attorney, David Conlon; Director of Public Works, L. C. Fortner, Jr.; and Executive Secret-
ary, Rosemary Lear.
Chairman Douglas called the meeting to order.
AGENDA ITEM # I - INVOCATION
The invocation was offered by Director of Public Works, L. C. Fortner, Jr. The Pledge
of Allegiance was given by all.
AGENDA ITEM # II - APPROVAL OF MINUTES
Chairman Douglas asked if there were any corrections, additions or deletions to the
minutes of the regular meeting of May 11, 1982. There being none, Councilman Knight moved
to accept the minutes as presented. Seconded by Councilman Watford. Motion carried.
NON- AGENDA ITEM - BILL BECK
Mr. Bill Beck, Democratic candidate for District 77, the new single member district
which covers Osceola, Okeechobee, Brevard, Indian River and St. Lucie counties gave a
brief talk concerning his background and stated he wanted to get acquainted with the county
and people of Okeechobee and hoped to be their representative.
AGENDA ITEM # III - FINAL READING OF ORDINANCE AMENDING CHAPTER 18, SECTION 18 -20
Chairman Douglas read the entire Ordinance:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
OKEECHOBEE, FLORIDA: AMENDING SECTION 18 -20, THE DEPOSIT PREREQUISITE
TO SERVICE SECTION WHICH AMENDMENT STATES THE AMOUNT OF DEPOSIT REQUIRED
FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL WATER AND SEWER SERVICE: AM-
ENDING SECTION 8 -34 PAYMENT REQUIRED FOR COLLECTION OF GARBAGE AND TRASH
TO PROVIDE THAT THE DEPOSIT PAID PURSUANT TO SECTION 18 -20 MAY BE USED TO
SATISFY PAST DUE CHARGES FOR SAID COLLECTIONS: PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS:
SECTION I: Chapter 18, Section 18 -20 is hereby amended to read as follows:
CHAPTER 18
WATER, SEWERS, AND SEWAGE DISPOSAL
ARTICLE II. WATER
Sec. 18 -20. Deposit prerequisite to service
All new water consumer accounts shall be required to make the following service deposits
with the city before water service is provided:
(a) Residential
(1) 5/8 x 3/4 inch meter $50.00
(2) 1 inch meter 65.00
(3) 1 -1/2 inch meter 100.00
(4) 2 inch meter 200.00
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(b) Deposits for commercial accounts:
All commercial accounts including coin laundry and industrial con-
sumers shall be required to make a service deposit with the city
before water service is extended and deposit shall amount to no
less than the average of one month's bill computed from past hist-
orical information or on the basis of negotiations between the dir-
ector of public works and the particular commercial account invol-
ved but in no event shall the deposit be less than one hundred doll-
ars ($100).
SECTION II: Chapter 8, Article II, City Collection Service, Division 2 Fees
Sec. 8 -34. Payment required.
No person shall fail or refuse to pay the garbage and trash collection fee
provided for in this division and further, the deposit paid pursuant to
Section 18 -20 of this Code may be used to satisfy past due charges for coll-
ection of garbage and trash.
SECTION III: This ordinance shall take effect upon its adoption.
Introduced on first reading and set for public hearing this 11 day of
MAY , 1982.
ATTEST:
Co' ylelerkThomas, CMC
City of Okeechobee
Edward W. Douglas
Mayor /Chairman
City of Okeechobee
Introduced and passed on second and final reading this 25
MAY , 1982.
ATTEST:
Bonnie. S. Thomas, CMC
City Clerk
City of Okeechobee
APPROVED AS TO FORM:
DAVID CONLON
David Conlon
City Attorney
City of Okeechobee
day of.
Edward S. Douglas
Mayor /Chairman
City of Okeechobee
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Discussion ensued among Council Members and Director of Public Works, L. C. Fortner, Jr.,
concerning the amounts of water used by different establishments and deposits now required.
Mr. Fortner stated that the problem is that some businesses leave, owing the City $300.00 with
only a $30.00 deposit.
Councilman Watford asked if this deposit could also cover garbage and sewer and was in-
formed it could.
Councilman Watford then asked if the Ordinance says we can do that.
Mr. Fortner stated we are doing it now.
Administrator Fellows stated that Mr. Watford brought up a point that may bear some dis-
cussion, perhaps this Ordinance would be better established in Article 6 of the Okeechobee
Code which is Consolidated Billing for City Services, so there would be no question that these
deposits were intended to cover all utility services, water, garbage, and sewer. He stated
that Mr. Conlon could respond to the legal angle of this but we could simply change this
Ordinance to amend Article 4 of Chapter 2 to provide a new section of 2 -67 with the sub -para-
graphs as indicated and then there would be no question but what the deposits do apply to all
services.
After some discussion, Attorney Conlon stated he wouldn't want to make an amendment to
a section that would cause a title change. He stated since all of the services are on one
bill he didn't think there would be any problems.
Chairman Douglas asked the Councilmen what their pleasure was concerning this.
Following further discussion among the Council Members, Administrator Fellows, and Attorn-
ey Conlon, Councilman Burk made a motion to move the Ordinance, (to turn it down), seconded
by Councilman Knight. Vote carried. Ordinance not passed.
AGENDA ITEM # IV - EXECUTION OF MULBERGER AGREEMENT
Attorney Conlon presented the agreement. He stated the agreement reads water and sewer
lines but was informed there are no water lines. Attorney Conlon stated he would go through
the agreement and delete all references to water and have it re -typed to be presented to
Attorney Cassels for approval.
Councilman Watford asked if this is basically the agreement we agreed on the last time.
Attorney Conlon said "yes ".
After further discussion, Chairman Douglas asked what the Council wished to do.
Councilman Chapman moved to accept the agreement between the City and the people
involved as it states in the agreement with the proper changes concerning water. Seconded
by Councilman Knight. Chairman Douglas asked for further discussion. There being none,
a vote was called for. Yeas, Councilmen Knight, Burk, Chapman, and Douglas. Opposed,
Councilman Watford.
Attorney Conlon asked Councilman Watford if he disagreed with the agreement or the
concept.
Councilman Watford stated he disagreed with the concept and therefore, could not vote
for the agreement.
AGENDA ITEM # V- RESOLUTION EXCHANGING CERTAIN RIGHT OF WAY
Attorney Conlon read Resolution No. 2 -82.
"WHEREAS, a certain road right -of -way lying between Southwest Park and Southwest Second
Street being a portion of Southwest Seventh Avenue was closed and vacated for construction of
a canning plant; and
WHEREAS, provisions were made that should the canning plant cease to exist the closed and
vacated right -of -way hereinafter described would revert to the city; and
WHEREAS, due to complications with new owners it was necessary for the City to file for
legal action in a court of competent jurisdiction to regain control of the right -of -way; and
WHEREAS, it was in the best interests of all concerned to negotiate out the differences;
and
WHEREAS, the City and the owner of the property agreed to exchange certain portions of
the right -of -way,
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WHEREAS, the previous resolution abandoning and vacating said right -of -way contained an
error in the legal description and,
WHEREAS, the City desires to correct said description,
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:
The west 34 feet of Okeechobee Avenue lying
west of Block 164 and south of South Park
Lote9torisiooccKCti64 extended, southerly line
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 300.32 feet.
2. This resolution shall take effect upon the recording of this
resolution in the public records of Okeechobee County.
Introduced and passed in regular session assembled this 25th day of
May , 1982.
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
Edward W. Douglas
Mayor /Chairman
City of Okeechobee
Council inquired if this resolution replaced a prior resolution, and if so, shouldn't
it be indicated.
Attorney Conlon stated this was correct and he could add in another number to include
this.
After further discussion, Councilman Burk moved to approve Resolution No.2 -82 as amended.
Seconded by Councilman Chapman. No further discussion. Motion carried.
AGENDA ITEM # VI - BANKING SERVICE
Discussion by the Council on advisibility of authorizing the bidding out of banking
services for the City of Okeechobee.
Chairman Douglas asked the Clerk to give the highlights of this service. Also, the
advantages and disadvantages.
Clerk Thomas stated we've had some inquires from some bank executives asking if we'd
be interested in putting all the City's money in one bank and explained to us that we could
make higher and more interest on our money, including checking accounts.
Clerk Thomas gave a brief overview of the proposal and then answered any questions from
the Council Members. After this discussion, Councilman Knight moved to negotiate to see what
we can do. Councilman Burk seconded; motion carried.
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AGENDA ITEM # VII - MAYOR TO CALL ON AUDIENCE TO ADDRESS COUNCIL
ANDREW RUBIN
Mr. Rubin stated he wished to speak concerning the Mulberger case. Mr. Rubin asked
if the Attorney had consulted with Mr. Mulberger to see if he'd pay for part of the expense
of re- routing the sewer around the building.
Attorney Conlon informed Mr. Rubin that the Council allowed Administrator Fellows
to negotiate directly with Mr. Mulberger.
Administrator Fellows stated Mr. Mulberger had turned it down, zero.
Mr. Rubin then stated he wished to comment on the Banking Service item. He stated
that jumbo certificates would be the best buy.
Chairman Douglas asked if there was anyone else in the audience who wished to address
the Council. There being none, he moved to the next item on the agenda.
AGENDA ITEM # VIII - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR,
AND CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS
A. CITY ATTORNEY - DAVID CONLON
1) ORDINANCE AMENDMENT CODE
Attorney Conlon stated he had the title to a new ordinance ready for first reading,
as follows:
AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF OKEECHOBEE
FLORIDA: AMENDING SECTION 18 -20, THE DEPOSIT PREREQUISITE TO SERVICE
SECTION. AMENDMENT STATES THE AMOUNT OF DEPOSIT REQUIRED FOR RESIDENT-
IAL, COMMERCIAL AND INDUSTRIAL WATER AND SEWER SERVICE. ALSO AMENDING
SECTION 8 -34, PAYMENT REQUIRED FOR COLLECTION OF GARBAGE AND TRASH TO
PROVIDE THAT THE DEPOSIT PAID PURSUANT TO SECTION 12 -1- MAY BE USED TO
SATISFY PAST DUE CHARGES FOR SAID COLLECTION: PROVIDING AN EFFECTIVE
DATE:
Chairman Douglas asked for discussion on this revised ordinance. There being no
discussion he asked for a motion. Councilman Burk moved to read by title only. Seconded
by Councilmen Chapman and Knight. Vote carried.
Attorney Conlon then read the ordinance by title as approved.
Councilman Burk moved to publish to ordinance and set it for public hearing on June
8th. Seconded by Councilman Chapman. Motion carried.
2) OKEECHOBEE NEWS ITEM
Attorney Conlon read several paragraphs from an Okeechobee News article.
Attorney Conlon stated he thinks it appropriate the City Attorney be involved in
whatever response, if any, the Council makes to the Okeechobee News concerning the article.
Also, that the Mayor or Attorney should write the Okeechobee News asking for an apology.
Discussion ensued with the Council Members stating their views concerning the news
item.
The concensus of the Council was to write a letter. Chairman Douglas asked Attorney
Conlon to write the letter for a full retraction.
3) SEMINAR - LAKE BUENA VISTA
Attorney Conlon informed the Council of a seminar at Lake Buena Vista on May 27th
and 28th.
Topics of the seminar to be:
a. Imp1ifrusoneaseReprocussions of the Boulder, Colorado
b. Current Legislation
c. Bonds - Financing
d. Double Taxation
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Attorney Conlon stated he would like for Administrator Fellows also to attend this
seminar. Attorney Conlon had talked to the head of the seminar and received permission
for him, not being an Attorney, to attend.
Councilman Chapman moved to authorize Attorney Conlon and Administrator Fellows to
attend the seminar. Seconded by Councilman Knight. Motion carried.
B. CITY ADMINISTRATOR - RICHARD C. FELLOWS
1) H.R.S. LEASE
Administrator Fellows informed the Council we have concluded a successful lease
with the H.R.S. on 400 acres at the Boy's School. We've completed the application and
have filed a request for conclusion on the construction grant priority list. We're lucky
to get on and hopefully can proceed with the 201.
He informed the Council the Recreation Advisory Board held one meeting this year.
Funding was coming up again.
Councilman Chapman moved to pursue the development plan.
2) ORDINANCE FOR 16 YEAR OLDS
Administrator Fellows stated he had given each Member a copy of an Ordinance concern-
ing curfew for 16 year olds.
Discussion ensued concerning keeping the Ordinance on the books or repealing it.
After much discussion, Councilman Watford moved to read the Ordinance by title only and
set it for Public Hearing on June 8th. Seconded by Councilman Knight. Motion carried.
Chairman Douglas read the Ordinance by title only:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 11, SECTION 11 -3
TO REPEAL A PROVISION ESTABLISHING A CURFEW FOR CHILDREN
UNDER THE AGE OF SIXTEEN: PROVIDING AN EFFECTIVE DATE.
3) FLUORIDATION
Administrator Fellows informed the Council the City has received a check in the
amount of $11,931.57 from the Department of Health and Rehabilitiation Services for
part payment of a grant for fluoridation of the water supply for Okeechobee.
4) MISC. EQUIPMENT
Administrator Fellows stated he had provided the Council Members with a list of
some surplus City equipment from Public Works, also some adding machines and typewriters
from General Services and some bicycles from the Police Department. We would like to have
the Council declare these items surplus and authorize us to hold a public auction subject
to the availability of Mr. Knight, the auctioneer, and try to work out a date with him on
a Saturday, July 10th approximately, and he will let us know so we can have all the equipment
out in the parking lot and advertise in regional papers as well as the local one. He stated
we had a old grader and some good items and thought we could make some money for the City.
After further discussion by Council, Councilman Burk moved to declare the items listed
as surplus and advertise for auction. Councilman Chapman seconded the motion. Vote carried.
5) LIABILITY INSURANCE - RIGHTS -OF -WAY
Administrator Fellows asked if the Council ever established a range of insurance that
people would carry on these lease rights -of -way, such as Mr. Chandler's and Mrs. Fulford's.
What amount of insurance, was it established, if any?
After some discussion, it was agreed by the Council that $25,000 was an agreeable amount.
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6) CREDIT UNIONS
Administrator Fellows asked the Council if they had received the information he had
sent out on credit unions. After some discussion Councilman Burk suggested that Mr. Fellows
check with the County to see how they like the credit union since they belong to the State
Credit Union. Mr. Fellows will contact someone in regards to whom to write concerning the
State Credit Union.
7) ALLEN MARKHAM'S RESEARCH
Administrator Fellows informed the Council that Mr. Markham has had Okeechobee
Abstract Company research the public records and has determined there are no reversionary
interests on the plat of First Addition of South Okeechobee. Administrator Fellows stated
he assumed this meant that if we were to close this street, that Allen Markham requested,
that we do own the property, we have the right to close it and we have the right to charge
for it. After a short discussion, it was decided this meant that Mr. Markham wants to go
ahead with the request.
C. COUNCILMAN DOWLING WATFORD, JR.
1) CENTRAL FLORIDA REGIONAL PLANNING MEETING
Councilman Watford reported there is a Central Florida Regional Planning meeting
tomorrow in Bartow that he plans to attend.
Subject for discussion will be concerning a new Shopping Mall in the Lakeland area
covering 92 acres.
2) DOUBLE TAXATION - COUNTY
Councilman Watford made a request that the double taxation be settled with the
County before budget time and put on agenda before then.
Council agreed and Chairman Douglas will put this item on the agenda and set it for
Public Hearing.
Chairman Douglas asked if anyone had anything further to discuss.
Mr. Rubin stated he felt the Ordinance read by Administrator Fellows should have
been put on the agenda.
AGENDA ITEM # IX - ADJOURNMENT
Chairman Douglas asked if there was any further business. There being none, Council-
man Knight moved to adjourn. Seconded by Councilman Watford. Meeting adjourned at 9:50 P.M.
Edward W. Dou•las
Mayor /Chairman
City of Okeechobee
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
There is a tape of this meeting in its entirety on record in the Clerk's Office.
AGENDA
CITY COUNCIL
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
MAY 25, 1982
7:00 P.M.
1. Invocation and Pledge of Allegiance
Approval of the minutes of the regular meeting of May 11, 1982.
Public hearing and final reading of an ordinance amending the Code of Ordinances;
amending Chapter 18, Section 18-20 to provide increased deposits for commercial
accounts for water, sewer and garbage.
IV. Action by the Council to authorize execution of agreements between the City
and the owners of the Markham building relative to ownership and continued
maintenance of utility lines located beneath the building and authority to
proceed with the relocation of the city's sewer line at this location.
V. Adoption of resolution exchanging certain rights-of-way on Southwest 7th
Avenue between west South Park and Southwest Second Street.
VI. Discussion by Council on advisability of authorizing the bidding out of
banking services for the City of Okeechobee.
VII.
Mayor to call on audience for anyone wishing to address the Council.
VIII. Mayor to call on City Attorney, City Clerk, City Administrator and City
Councilmen for reports and/or requests.
IX. Adjournment