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1982-06-14 Recessed Mtg & 06/22/1982 Regular Mtg3082 82 -18 RECESSED MEETING MONDAY, JUNE 14, 1982 The City Council of the City of Okeechobee convened into recessed session on Monday, June 14, 1982, at 7:00 o'clock P.M. in the City Hall Council Chambers. Chairman /Mayor, Edward W. Douglas, called the meeting to order with the following Councilmembers present: Edward W. Douglas, Chairman /Mayor Donald Burk, Vice Chairman /Mayor James H. Knight Oakland Chapman Dowling R. Watford, Jr. Others Present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David Conlon, City Attorney AGENDA ITEM #I - INVOCATION AND PLEDGE The invocation and pledge were dispenced with for this meeting. AGENDA ITEM #II - DOUBLE TAXATION Chairman Douglas stated the first item on the agenda was in regard to double taxation with the County. He stated there would be a period of time for those in the aduience to comment on the items at hand. Chairman Douglas then asked the Council if there were any questions or comments before they proceed with the items: Double Taxation and Building Expansion. Chairman Douglas asked for consideration of the answer of Okeechobee County to the resolution of the City of Okeechobee asking for relief from taxation for services that offer no real and substantial benefit to the City taxpayers of Okeechobee. Chairman Douglas asked City Administrator Fellows to update Council on the findings. Administrator Fellows had prepared the following analysis indicating the areas service as stipulated by Kelton & Associates Report that are of no real and substantial benefit to City taxpayers. UNICORPORATED UNICORPORATED CITY TAX EXPENDITURES EXPENDITURES LESS CONTRIBUTION COUNTY SERVICE UNICORPORATED 17% APPROX. OFFER REVENUES Planning & Zoning Forestry Control Animal Control $70,630 8,358 17,804 Sheriff: Road Partol 493,986 Investigations 102,212 Fire Service 97,226 Road and Bridge 381,984 Capital Outlay: Fire 19,895 Engine Administration & Over 124,792 Head TOTAL $57,281 $9,738 $9,738 6,778 1,152 1,152 14,439 2,455 -0- 400,623 68,106 34,053(8.5 %) 82,894 14,092 14,092 78,800 13,405 13,405 309,789 52,664 38,542 16,135 2,743 2,743 101,206 17,205 -0- $1,316,887 $1,067,995 $181,560 $113,725 3083 3 Discussion ensued concerning the items of the analysis prepared. Chairman Douglas stated that, basically, the Council agrees to accept the proposal offered by the County with these exceptions: 1) Road and Bridge Mileage 2) Mileage formula used Chairman Douglas asked Administrator Fellows to get the actual miles from the County so it could be verified. Councilman Burk asked Attorney Conlon if we were to make a settlement, what safeguard would we have that this won't happen again. Attorney Conlon stated this agreement was for the coming fiscal year and if we were to approve the figures right here that have been tendered to us, for instance, we would sign some type of contract or settlement agreement between the two governmental agencies. That is the contribution that they will make to us for the existing double taxation for that fiscal year. We could say that that percentage figure would hold good for 2 years. I'd like to suggest one year. County would like to make it perpetual. Attorney Conlon stated it could be set for one year and then watch to see if we need to neg- ofiate the next years, etc. Attorney Conlon also stated we need to keep in mind that as the fiscal year's budgeting approaches, as I understand the law, right now it would be vertually impossible to file suit for a past tax year, that the money has been collected and funded. If we're going to have an agreement, let's have it promptly, if not, let's decide that fairly soon and get on with the business of submitting this to the court so we don't find ourselves trying to go into court and collecting money that's already been spent. Much discussion ensued as to how to prevent this happening over the next ten years or so. Following further discussion, Chairman Douglas asked if anyone from the audience had any comments or questions. The question was asked as to how much the County's proposal was to pay and what this would amount to in mills. Chairman Douglas stated the amount is $113,725 which amounts to approximately 1 mill. Administrator Fellows stated the following: "$100,000 is equal to 1 mill to the City Taxpayer; $75,000 equals 3/4 mill; $50,000 equals 2 mill and $25,000 equals u mill. Councilman Burk stated if we accept this County settlement and reduce the millage by 1 mill we are in danger of losing Federal and State grants because of low millage. Following further discussion, Chairman Douglas stated the Council accepts the County resolution as presented. Councilman Watford moved to approve the agreement concerning Double Tax- ation presented by the County for a period of 1 year for this coming fiscal year to be renegotiated at that time with the contingincies that the mileage on the Road and Bridge protion be verified by the City Council and County Commissioners and their representatives with the understanding that this is an On -going process and does not forever settle the question of double taxation. Also we request the County to include in Road and Bridge fund those items identified, the Railroad Crossing and Engineering fees. Chairman Douglas asked for further discussion. Councilman Burk asked if we intend to set up a committee. He suggested Councilman Watford be on this committee. Councilman Watford stated he felt everything is settled and Mr. Fellows is capable of handling it and would need to come back to Council anyway. 3084 82 -41 Councilman Burk seconded the motion. Motion carried. AGENDA ITEM #III - BUILDING EXPANSION Chairman Douglas asked for discussion relative to providing additional space for the Planning and Zoning Department, the Police and Fire Departments, the Finance Department and also for storage. He stated several proposals have been made already to suggest space back of City Hall: Addition to Fire Department, Wing on Front part of City Hall, Mobile Home, and Porch Enclosures. Chairman Douglas stated it is a matter of how much you want to spend, how you want to spend, and what we need and how far in the future you want to go. He stated he has said how he feels, "If you fail to plan, you plan to fail ", and thinks we need a long range plan. Councilman Watford stated that the overall plan looks nice, however, right now is not the correct time to do it because of the economic situation. He agrees that some additional space is needed. Councilman Burk echoed Councilman Watford's comment that it isn't the correct time, and stated that we do have a need for some expansion. He also stated he had mentioned before the need for more land mass as there might be a time we'll need more area. He further stated, we need to know what we are going to do with the Fire and Police Departments - -what are the future plans? He stated he thinks the best solution would be enclosing the back porches of City Hall. Following further discussion, it was decided by the Council to wait until we get into our preliminary budget to decide on the expansion. AGENDA ITEM -1#IV - MAYOR TO CALL ON AUDIENCE Chairman Douglas asked if anyone in the audience had any further comments or questions. Mr. A Rubin asked Administrator Fellows when in July the workshop occurs for the budget. Administator Fellows stated the date would be advertised for the workshop. Mr. F. Altobello stated he'd like to comment on how nice the grounds in front of City Hall looked. AGENDA ITEM #V - MAYOR TO CALL ON CITY CLERK, CITY ADMINISTRATOR, CITY ATTORNEY, CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS There were none. AGENDA ITEM #VI - ADJOURNMENT There being no further business before the Council, Chairman Douglas adjourned the meeting until June 22, 1982, at 7:00 P.M. ATTEST: 40,x/% /-1 401160e ar- Bonnie S. homas, CMC / City Clerk City of Okeechobee Edward W. Douglas Chairman /Mayor City Council City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. 1 AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS CONTINUATION OF JUNE 8th RECESSED MEETING JUNE 14, 1982 7:00 P.M. 1. Invocation and Pledge of Allegiance Consideration of the answer of Okeechobee County to the resolution of the City of Okeechobee asking for relief from taxation for services that offer no real and substantial benefit to the city taxpayers of Okeechobee City. Discussion relative to providing additional space for the Planning and Zoning Department, the Police Department and the Finance Department and also for storage. IV. Mayor to call on anyone in audience wishing to address the Council. V. Mayor to call on City Clerk, City Attorney, City Administrator and City Council- men for reports and/or requests. VI. Adjournment 3085 3 82 -1 82 -55 REGULAR MEETING TUESDAY, JUNE 22, 1982 The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M.; Tuesday, June 22, 1982, in the City Council Chambers, 55 South East 3rd Avenue, Okeechobee, Florida: Chairman /Mayor Edward W. Douglas, called the meeting to order with the following Councilmembers present: Edward W. Douglas, Chairman /Mayor Donald Burk, Vice Chairman /Mayor Dowling Watford James H. Knight Oakland Chapman Others present were: Bonnie S. Thomas, City Clerk David Conlon, City Attorney Richard C. Fellows, City Administrator AGENDA ITEM #I - INVOCATION AND PLEDGE The Invocation was offered by Councilman Knight, followed by the Pledge of Allegiance. AGENDA ITEM dfII - APPROVAL OF MINUTES The Minutes of June 8th, and 14th, 1982, were presented for the Council's approval. Chairman Douglas called for any corrections, additions or deletions. Councilman Knight stated on the meeting of June 8th, 1982, when recessed, it should have been recessed until June 14, 1982, instead of June 15. Administrator Fellows stated that on the meeting of June 8, 1982, relative to the paving of South East 4th Avenue, next to the shopping center it should have read 15' aerial easement. Councilman Knight moved to approve the minutes of June 8th and June 14th, 1982, with corrections, seconded by Councilman Burk. Motion carried. AGENDA ITEM #III - OKEAIRCO - RATE INCREASE Appearance of Mr. James Morris, General Manager of OkeAirCo, Inc. to further discuss with the Council the'request of the Company to change the Franchise Agreement to allow an increase in customer rates for basic service. Mr. Morris presented the Financial Statement as requested by the Council. Chairman Douglas asked whether the Franchise Fee in the gross in- come is broken down into City and County so that the City Council would know what amount the gross revenue is for the City. 3086 Mr. Morris stated that the Franchise Fees are both the County and City, but you could check that by what we have paid you previously, our system runs as a whole, City and County together and these figures are the two together. OkeAirCo pays the City 3% on gross revenues depending on subscribers. Chairman Douglas called for any questions. Councilman Burk asked Administrator Fellows, "What is the difference in a Statement of Operation and a Financial Statement ?" Mr. Fellows said that basically it is the same for a similar type of financial statement. Same name, Statement of Operation, Profit and Loss Statement. You can break a lot of these things down into cash flow and other things but, basically I think what the Council asked them for is a financial statement that would give the Council enough detail that they could determine whether the Company was indeed in need or deserves a rate increase. Attorney Conlon advised that last time we had a lot more detail, on what other services cost, such as a IBM print out. This summary seems to be different than the one we had last time. Conlon stated we had a print out of each line item and what comprised it. The majority of this report is just other service cost, $518,000. Conlon further stated he doesn't think the Council can make a decision from this Financial Report. Attorney Conlon asked if the General Overhead is a cost that is sent on to the head office and that they take off $111,000 for General Overhead? Mr. Morris stated that the head office does provide a lot of services for this system, it is like a satellite system, and the com- puters are there for the computer billing and all of the billing is done out of that office, all the legal work is done out of that office. Attorney Conlon asked if that includes profit too. Mr. Morris stated that he did not understand what he meant. Attorney Conlon stated the General Overhead charge, he assumes the OkeAirCo here is like a subsidary of a parent, so the subsidary sends $111,000 which is an increase over last year to the parent, and I assume, that when the parent gets this $111,000 and it pays for its billing service and it pays for other things then is there some profit left to the parent out of the $111,000. Is the $111,000 a charge the parent corporation charges the subsidary corporation? Mr. Clinton Cameron, Regional Operations Manager for the South which includes OkeAirCo stated that the General Overhead of $111,262 • 1 11 T. 1 T 3087 3 does include accounting, data processing, legal work, billing, postage and FCC Reporting. Councilman Watford asked if they, (OkeAirCo), break their revenue down to City and County. Mr. Morris said that is hard to do because the system does operate as a whole. The only thing broken down is the Franchise Fees and that goes on the number of subscribers. Councilman Watford asked Mr. Morris how many subscribers there were in the City. Mr. Morris stated that in the City there is a potential of 1,600. There is a total of 4,400 all together. Attorney Conlon asked Mr. Morris to explain the entry for $91,000, depreciation and amortization. Mr. Cameron stated that it is the equipment in the system. Attorney Conlon said that would be depreciation. But, what is amortization? Mr. Cameron said he didn't know if he could define amortization. Attorney Conlon said for instance a $10,000 loan amortized on ten years that is how many years you are going to take to pay that transaction off. That should be a separate entry from depreciation. Mr. Cameron said that he did not know how many years is amortized. He said some of the items are grouped because it would be quite extensive if it weren't. Attorney Conlon said that last time they provided a print out of all the line items. Similar to an IBM print out. It gave support data for all the line items. It gave the general balance sheet and listed everything and took out a lot of the confusion. You can't tell from this this sheet if there was a net gain or loss. Councilman Burk asked if this information came from the Parent Company. Mr. Morris stated yes that it did come from the Parent Company. Mr. Burk said this is quite a different list than the one they submitted the last time they were asking for an increase and it left no doubt the Company legitimately needed a rate increase. Burk further stated it is incomplete and there are too many things lumped together and not enough detail. Councilman Watford asked if OkeAirCo and Ultra Com were a subsidiary of another company? Mr. Morris said it was a subsidiary of American Electronics Laboratories. Is that a privately owned company? Mr. Morris said it is over the counter and listed. Councilman Chapman asked how long it would take Mr. Morris to get a computer print out sheet? Mr. Morris said it should just be a matter 3088 of days but, they would like to go ahead and request the Public Hearing and the necessary advertisement so they could reappear on the 13th of July. Chairman Douglas asked if the Council wished to set it for Public Hearing and get a detailed print out or get the print out before it is set for Public Hearing? Attorney Conlon said the last time we had an OkeAirCo rate increase the City asked before it set a hearing that we have financial data and we got something similar to this and we asked for the back up and we set the hearing while we waited and we did get the back up and it came at the public hearing. It seems as though we are doing the same thing again. We made a requirement of financial data and we have insufficient financial data again and we are asked to go ahead and proceed. Conlon stated he feels the City is being pushed into a determination that a hearing is warranted on the basis of insufficient data in light of the fact this is the same scenario that took place about three years ago. Councilman Burk commented that it is the same scenario and not only that but, at that time we were assured that the next time we required a financial statement we would have the full financial state- ment and would not be under that same pressure. I feel sure Ultra Com has a record of what they sent us the last time, Councilman Burk said. Councilman Watford stated that he feels OkeAirCo has tried to comply with what the Council asked for. We should set a Public Hearing and if we don't get the information we want, then we don't have to grant it at that time. Councilman Chapman agreed with Councilman Watford to set the hearing. However, we should stipulate that we must have a more detailed computer print out. Chairman Douglas asked for comments from the audience. Mr. Marvin Wheeler, commented that he felt the Council had asked for a set of books and they did not get them. He felt they should know what they are paying out, because the tax people would require that. Mr. Morris stated that OkeAirCo is not a public utility. Morris said the Council is entitled to the financial information, and OkeAirCo will try to prepare it to the satisfaction of the Council. Mr. Wheeler further commented that the City of Okeechobee should not be taxed any- more for anybody outside. Mr. Morris said this is not happening. We (OkeAirCo) are trying to make this system operational by asking for a 1 T 1 11 T1[ 1 3089 3 82 -55 82 -38 reasonable rate increase. Mr. Wheeler said he doesn't see how the Council can sit there and set a hearing when they don't have a thing to set a hearing on. They don't have a figure. I am against the Council setting a public hearing until they have the necessary figures to show a loss and a need for an increase. Mr. Andrew Rubin stated that he is speaking for an Okeechobee City - County Taxpayers Home Owners Group. Mr. Rubin said that he heard OkeAirCo is going to take this rate increase and run lines into Basswood and Four Seasons. Is this true? Mr. Morris said that is not what they are going to do with the money. Mr. Rubin further stated that he doesn't feel OkeAirCo should be given a hearing until they show that loss. Until OkeAir shows a financial report to the Council Mr. Rubin is against it. (A rate increase). Mr. Clayton Williams said that he had a procedural problem. He pays OkeAirCo eleven months and gets one month service free. But the last time OkeAirCo had a rate increase they increased your rate when it became effective and that ate up the free month. Mr. Morris said they had some problems with the Computer and the rate shouldn't have been increased. It was an error and it should have been corrected. Chairman Douglas asked what action the Council wished to take on this matter. Following further discussion Councilman Watford made a motion the Ordinance be read by title only and set for public hearing, July 13, 1982, seconded by Councilman Chapman. Watford, Douglas, Chapman, Knight; Yes. Burk; No. Motion carried. AGENDA ITEM #IV - FIRST READING - OKEAIRCO ORDINANCE Chairman Douglas read by title only the Ordinance as herein set out: AN ORDINANCE AMENDING ORDINANCE NUMBER 357 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; BEING THE CABLE TELEVISION FRANCHISE ORDINANCE; AMENDING SECTION 12, SUB - PARAGRAPH (d) AND (e) TO PROVIDE AN INCREASE IN THE BASIC CABLE RATE TO CUSTOMERS; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM # #V - CLOSING RIGHT -OF -WAY - S.W. 16TH STREET WEST OF 3RD AVENUE Further discussion by the Council relative to a request to vacate and close a portion of Southwest 16th Street west of Third Avenue and receipt of bid tabulations and recommendations as to the sale of said property to the highest and best bidder. 3090 82 -14 82 -57 Chairman Douglas said there was only one bid from Mr. and Mrs. W. Allen Markham in the amount of $3,705.00. After discussion, Councilman Burk made a motion the bid of $3,705.00 for this parcel of land be accepted, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #VI - FIRST READING - WATER METER CHARGE PER DWELLING ORDINANCE Introduction and first reading of an Ordinance amending Chapter 18 of the Code of Ordinances of the City of Okeechobee; amending Section 18 -18 and Section 18 -44 to provide for charges on a per unit basis in those instances where a single meter serves a single building which contains multiple dwellings or multiple offices and setting of a public hearing for July 13, 1982. Councilman Knight made a motion for the Ordinance to be read by title only seconded by Councilman Chapman. Motion carried. Chairman Douglas read the Ordinance by title only as herein set out: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18 ARTICLE II, SECTION 18 -18 AND ARTICLE III, SECTION 18 -44 TO PROVIDE FOR CHARGES ON A PER UNIT OR PER DWELLING BASIS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas stated, for the information of those present, there has been some discussion in regard to meters that are hooked up for a commercial enterprise may be receiving water from one meter and they are only paying a base one meter rate. This Ordinance will take care of that situation where each unit that is being served off of this one meter will be charged on a per unit basis. Councilman Chapman made a motion that the Ordinance be set for Public Hearing on July 13, 1982, seconded by Councilman Burk. Motion carried. Councilman Watford asked Director Fortner if he felt this was something the City needed. That he didn't quite understand the problem. Director Fortner stated it is like one meter serving a building with several offices. The Ordinance would require that each one be metered separately. For the ones that are already set up this way rather than make them put in separate meters, we are going to charge them as if they had a separate meter:. Any new businesses going in now would be set up on separate meters. AGENDA ITEM #VII - FIRST READING - CITY ANIMAL CONTROL ORDINANCE Introduction and first reading of an Ordinance amending the Code T T 1 1111 TT I T 3091 of Ordinances of the City of Okeechobee; amending Chapter 4 relative to animals; amending Section 4 -4 to clarify the wording and intent of the Ordinance as it relates to swine; amending Section 4 to provide penalties for the creation of a public nuisance through noxious odors or other sanitary conditions on property where said animals are kept; amending Section 4 -21 to provide the complaints may be filed with the Humane Officer and Code Enforcement Officer as well as Police Officers; amending Section 4 -23 to allow dog and cat licenses to be sold by the City's authorized agent; amending Seciton 4 -31 requiring warnings to owners of dogs roaming the streets; providing in the instance of a second offense for the citation of the owner or owners and setting of a public hearing for July 13, 1982. Councilman Burk made a motion for the Ordinance to be read by title only, seconded by Councilman Knight. Motion carried. Chairman Douglas read the Ordinance by title only as herein set out: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 4, SECTION 4 -4 SUB - PARAGRAPH (a) TO DELETE BOAR AND INSERT SWINE AS AN ANIMAL FROM RUNNING AT LARGE ON THE PUBLIC THOROUGHFARES OF THE CITY; TO PROVIDE DANGEROUS, VICIOUS, OR MISCHIEVOUS ANIMALS OF ANY SPECIES ARE PROHIBITED FROM RUNNING AT LARGE; AMENDING SECTION 4 -4 SUB - PARAGRAPH (b) TO PROVIDE FOR IMPOUNDMENT BY THE POLICE OR HUMANE OFFICER; AMENDING SECTION 4 -4 SUB - PARAGRAPH (d) TO PROVIDE ANIMALS UNDER THIS CHAPTER SHALL BE IMPOUNDED AT THE HUMANE SOCIETY OR OTHER APPROVED IMPOUNDING AREA AND SOLD AT PUBLIC SALE EITHER AT THE HUMANE SOCIETY OR SAID APPROVED IMPOUNDING AREA;CREATING SECTION 4 -9 PROVIDING THAT OWNERS WHO KEEP ANIMALS OF SPECIES INDICATED IN SECTION 4 -4 SUB- PARAGRAPH (a) SHALL BE GUILTY OF A PUBLIC NUISANCE IF SAID ANIMALS CAUSE NOXIOUS ODORS OR OTHER UNSANITARY CONDITIONS IN THE NEIGHBORHOOD WHERE THEY ARE KEPT OR PENNED; AMENDING ARTICLE II, SECTION 4 -21 TO PROVIDE COMPLAINTS MAY BE FILED WITH THE HUMANE OFFICER AND CODE ENFORCEMENT OFFICER AS WELL AS POLICE OFFICERS FOR VIOLATIONS OF THIS ARTICLE; AMENDING SECTION 4 -23 TO PROVIDE DOG AND CAT LICENSES SHALL BE ISSUED BY THE CITY CLERK OR THE CITY'S AUTHORIZED AGENT AS DESIGNATED BY THE CITY COUNCIL; AMENDING SECTION 4 -31 PROVIDING AN ADDITION TO SECTION 4 -31 REQUIRING A WARNING TO THE OWNER OF A DOG ROAMING THE STREETS AND FOUND ON THE OWNER'S PROPERTY (FIRST OFFENSE); PROVIDING IN THE INSTANCE OF A SECOND OFFENSE OR COMPLAINT FOR THE ARREST OF THE OWNER; PROVIDING AN EFFECTIVE DATE. Administrator Fellows said that he had received a number of com- plaints from citizens relative to several persons keeping pigs in areas where odor and other unsanitary conditions exist and our present Ordinance does not provide any kind of penalties for that type of violation so we have addressed that matter. We also have provided that the Humane Officer and the Code Enforcement Officer can receive complaints and file citations in addition to Police Officers. We felt Police Officers would be better serving the public by being out on the streets rather than chasing peoples dogs and cats and serving notices in that regard. We also have provided that as authorized by the Council earlier T T1 f 3092 82 -58 that the licensing procedure for dogs and cats can be by a designated agent. In this case the Humane Society which is now selling dog and cat licenses at the shelter. We also have tried to address the most consistant complaint we have and that is when a person calls relative to a dog roaming at large where he has perhaps turned over a persons garbage can or has caused some other type of inconvience when the Humane Officer arrives on the scene the dog has done his business and is back in the owners yard. The Humane Officer is without authority presently to do anything further. The Ordinance would allow him to issue a written warning to the owner on a first offense of this type and then if the same animal is found roaming the streets at large again committing similar types of situations then even though the dog may be on the owners property the Humane Officer, Code Enforcement Officer or Police Officer could issue a citation and bring the owner before the Code Enforcement Board to answer charges of letting his animal roam at large on the streets. Councilman Burk made a motion for the Ordinance to be set for Public Hearing on July 13, 1982, seconded by Councilman Chapman. Motion carried. Councilman Watford asked if Section 4 -23 had already been amended that the Humane Society sell the license. Administrator Fellows stated that he thought they had, but he wasn't sure whether it was done by Ordinance or simply by motion, authorized the sale of the licenses by the Humane Society. In order to doubly protect ourselves we put it in the Ordinance. AGENDA ITEM #VIII - RESALE OF OKEECHOBEE CITY WATER - BET -HER ACRES Discussion by the Council relative to the desirability of creating legislation to regulate the changes made for the resale of Okeechobee City water. Chairman Douglas advised that the Council has received several complaints from the people over in Bet -Her Acres in regard to the charges for water which the City is selling to the owner of their water supply, serving approximately 100 customers. The City is selling the water to the owner for $2.17 per thousand and the owner is selling it for $3.95 per thousand to the customer. Councilman Burk asked if the City has any jurisdication in this particular instance. The Attorney agreed with Councilman Burk in that once the water is sold the City loses control of it. Councilman Burk asked Administrator Fellows if in the other communities he had served if a situation like this had ever occured? 3093 Mr. Fellows stated that in one instance a City sold some electrical power to a small outfit west of the City. They were advised that since they were the people controlling that item for resale they could sell it with certain conditions attached. Administrator Fellows said this particular matter has been brought to the County Commission and they could bring the Public Service Commission in to regulate these private utilities which are in the County. They don't seem to want to do this so it has been referred back to the City. Councilman Burk said that in the early 70's the City had a chance to buy this line along with another one, but the City chose not to because it was not a money maker. Councilman Chapman asked if we have a contract with this customer. Director Fortner stated the city does not have a contract. He just buys his water through a major meter then resells it to his customers. Council- man Chapman asked Director Fortner if he felt this was unfair. Director Fortner stated the meter is high compared to the City's, but he does not know what his overhead is or what his expenses are to warrant payments. Chairman Douglas asked what the average monthly useage of residence is? Director Fortner stated around 7,000. Councilman Burk asked what a County water user using from our service has to pay per thousand? Director Fortner stated approximately $2.17 per thousand. Councilman Watford asked what recourse these customers would have? Director Fortner stated they could revert to their own wells. Council- man Watford asked if anyone could go out and put water lines into an area and buy water from the City. Director Fortner stated the Council may not wish to enter into those kind of agreements now. Administrator Fellows stated the City Bonding Ordinance provides the City would not allow any other systems to be in operation. Under the 201 Area Wide Water and Sewer the City would be the exclusive agent for furnishing utility services such as Water and Sewer and no other facility under state law can operate without the permission of the City. The Bond Ordinance provides the City would not give that permission. Councilman Chapman asked if we had anything set up with the Beach- water Association on the agreement of controlling prices. Mr. Fellows stated that we have a contract with them as to what we will charge them. Councilman Chapman said, then there should be no reason why we couldn't 1 I 1 111 1 T 3094 82 -59 set up a contract with this customer here to control it. Legally we can't just cut their water off to get him to sign the contract. Administrator Fellows said he had studied the Bond Ordinance, and no private system is authorized to operate without the approval of the City. Councilman Burk asked for the dates of the Bond Ordinances. Mr. Fellows said the first was 1958 and the second was 1972. Following further discussion the Council authorized Attorney Conlon to check into the legal aspect and draw up a contract. AGENDA ITEM #IX - BID TABULATION - FIRE DEPARTMENT Receipt of bid tabulations and recommendations for the purpose of budgeted fire equipment including hose, nozzles, smoke ejector, gas snifter, etc. The Bids were as follows: Jacksonville Fire Equipment Nelson Company East Coast Fire Equipment Broward Fire Equipment $6,341.10 6,974.00 7,348.90 8,826.33 The low bidder was Jacksonville Fire Equipment at $6,341.10. A memorandum from Chief Tomey read as follows: I have gone over all the bids and the lowest bid on all of the equipment is Jacksonville Fire Equipment Company. I would like to order all of the equipment except for the air packs. The reason I do not want to order the air packs at this time is because the City of Pembroke Pines will soon have some good used air packs on sale around the first week of July. I might be able to work a real good deal on this equipment so if there are no questions I would like to order this equipment as of June 23, 1982. Following discussion Councilman Burk made a motion to accept the bid from Jacksonville Fire Equipment deleting the four air packs, seconded by Councilman Knight. Motion carried. AGENDA ITEM #X - MAYOR TO CALL ON AUDIENCE Chairman Douglas asked if anyone in the audience had any further comments or questions. Mr. Andrew Rubin stated maybe it would be a good idea to get the Public Service Commision to come into this County and study the water. Mr. Rubin, speaking for the City and County HOme Owners Tax Payers Group, said he was told to carry this message to the City Council. "In the past this Council has voted on appointments, changing of Ordinances and numerous other things that have not been on the Agenda." "We believe it is unfair to the taxpayers and City residents that this 3095 practice continue. If it is not important enough to be put on the agenda then it must not be too important to the City Tax Payer." "Therefore the Tax Payer Group that I speak for wants it to go on record that Public Hearings on anything that is voted on that is not on the agenda should be called for a public hearing other than emergencies." Chief Tomey introduced Mr. Pete Kern who donated a large portable fire extinguisher on two wheels to the City Fire Department to put on display. Chief Tomey also spoke on the activities taking place in the park on the 4th of July. Mr. Marvin Wheeler advised that he believes the City is going to have problems controlling the water situation in Bet -Her Acres. Ms. Mary Dunn, Attorney, sat in for the remainder of the meeting for Attorney Conlon. Mr. Al Middleton appeared with a complaint concerning a culvert installation at S.W. 2nd Street. Chairman Douglas asked Director Fortner for comment. Director Fortner said he had complaints of water problems in the area between 9th and 10th Avenue along Second Street as well as between 8th and 9th Avenue on Second Street and South Park Street. Director Fortner said he had evaluated the situation and he felt it was best to put the culvert across 2nd Street that is shelled to drain the water to the South side into the ditch that is existing, eliminate the water problem as much as possible at this time and save from having to cut a swell ditch on that side. Fortner had the City Engineer look at the situation so he could make his recommendations to the Council. Councilman Burk asked if it was a City Easement. Director Fortner said yes it was. Mr. Broome, Engineer stated that he felt the problem was solved with Director Fortner's decision. Director Fortner does not feel that Mr. Middleton has a problem. Director Fortner was asked what Mr. Middleton wanted. Director Fortner stated he wants a ditch on the north side of the road. Mr. Middleton feels that private property is being drained. Following further discussion the Council referred the problem to the engineer for further investigation. AGENDA ITEM / /XI - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REQUESTS Clerk Thomas presented the Warrant Registers for approval by the Council. 3096 82 -12 82 -42 Councilman Burk made a motion that the General Fund Warrant Register for $16,703.09 and the Water & Sewer Warrant Register for $17,183.09, be approved, seconded by Councilman Chapman /Watford. Motion carried. Administrator Fellows asked the Council's permission to rebid the Life and Long Term Disability Insurance and see if he can get a lower or better Bid. The Council granted permission. Councilman Burk stated for the benefit of the public that the City is governed by State Law and Statutes as to the procedure we follow on our public hearings. Each one is handled in the same manner. We are required to publish in the news media the public is thus in- formed and then the public hearings are carried on in open Council Meeting. Occasionally it is necessary to continue one, but there are provisions made in the law for the Council to do that. If we don't have all the facts and don't feel like we are doing the service for the public, we are permitted to extend those meetings even beyond the advertised period of time. Councilman Burk stated he didn't want anyone to get the idea that the Council was not carrying out their duties concerning public hearings. Councilman Knight submitted a request from the School Board asking if the Council would consider leasing the motor grader to the School System for $1.00 a year and any time ours broke down we could always use it. Following discussion the Council agreed to have the Attorney draw up a contract to lease the motor grader to the School Board. AGENDA ITEM #XII - ADJOURNMENT There being no further business the meeting was adjourned at 9:00 P.M. until Tuesday, July 13, 1982. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee dward W. Dougla Chairman /Mayor City Council City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JUNE 22, 1982 7:00 P.M. 1. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of June 8, 1982 and the special meeting of June 14, 1982. Appearance of Jim Morris, General Manager of OkeAirco Inc. to further discuss with Council the request of the company to change the franchise agreement to allow an increase in customer rates for basic service. IV. Introduction and first reading of an ordinance amending the cable T.V. franchise ordinance; amending Section 12 to allow an increase in basic subscriber rates from $8.95 to $9.50; setting of a public hearing for July the 13th. V. Further discussions by the Council relative to a request to vacate and close a portion of Southwest 16th Street west of Third Avenue and receipt of bid tabulations and recommendations as to the sale of said property to the highest and best bidder. VI. Introduction and first reading of an Ordinance amending Chapter 18 of the Code of Ordinances of the City of Okeechobee; amending Section 18-18 and Section 18-44 to provide for charges on a per unit basis in those instances where a single meter serves a single building which contains multiple dwellings or multiple offices and setting of a public hearing for July 13th. VII. Introduction and first reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee; amending Chapter 4 relative to animals; amending Section 4-4 to clarify the wording and intent of the Ordinance as it relates to swine; amending Section 4 to provide penalties for the creation of a public nuisance through noxious odors or othere-§anitary conditions on property where said animals are kept; amending Section 4-21 to provide the complaints may be filed with the Humane Officer and Code Enforcement Officer as well as police officers; amending Section 4-23 to allow dog and cat licenses to be sold by the city's authorized agent; amending Section 4-31 requiring warnings to owners of dogs roaming the streets; providing in the instance of a second offense for the citation of the owner or owners and setting of a public hearing for July the 13th. VIII. Discussion by the Council relative to the desirability of creating legislation to regulate the charges made for the resale of Okeechobee City water. IX. Receipt of bid tabulations and recommendations for the purpose of budgeted fire equipment including hose, nozzles, smoke ejector, gas snifter, etc. X. Mayor to call on anyone in the audience wishing to address the Counci XI. Mayor to call on City Attorney, City Clerk, City Administrator and members of the Council for reports and/or requests. XII. Adjournment.