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1982-07-27 Regular Meeting3106 82 -6 Mr. Beaver said he will take it before their legal department and see if they agree with the change. AGENDA ITEM #XII - MAYOR TO CALL ON AUDIENCE Mayor to call on anyone in audience wishing to address the Council. There were none. AGENDA ITEM I,XIII - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR, AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REQUESTS AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR Mayor Douglas spoke in appreciation to the Fire Department auxiliary, a big thank you, for the Fourth of July activities. Attorney Conlon said there has been a summary judgement in the LaGrow case. It will be a jury question as to whether or not the City Engineer issued a certificate withinthe •meaning of the contract to LaGrow and if the City Engineer did, then LaGrow is out of the case, if the engineer did not then LaGrow is in the case. Administrator Fellows submitted a request from Leiutenant Retuebuch who has been advised by his doctors to retire from the Fire service. Mr. Retuebuch wishes to maintain his life insurance and hospitalization insurance with the City after retiring and pay the City the cost of maintaining life insurance and hospitalization insurance. The Council authorized Mr. Fellows to check into the possibility of drawing up a policy to this effect for the next meeting. AGENDA ITEM #XIV - ADJOURNMENT There being no further business the meeting was adjourned at 10:30 P.M. ATTEST: Bonnie S Tho .s, CMC City Clerk City of Okeechobee ward W. Douglas Chairman/Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. REGULAR MEETING TUESDAY, JULY 27, 1982 The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M., Tuesday, July 27, 1982, in the City Council Chambers, 55 Southeast 3rd Avenue, Okeechobee, Florida. Vice Chairman /Mayor Donald Burk, called the meeting to order with the following Councilmen present: Donald Burk, Vice Chairman /Mayor Dowling Watford Oakland Chapman James H. Knight Chairman /Mayor Edward W. Douglas was absent. 1 T 1 11 TT I 3107 82 -1 82 -63 Others present were: Richard C. Fellows, City Administrator David Conlon, City Attorney Lola Parker, Deputy Clerk Janice M. Mann, Secretary - Deputy Clerk L.C. Fortner, Jr., Director of Public Works City Clerk Bonnie S. Thomas was absent. AGENDA ITEM #I - INVOCATION AND PLEDGE The Invocation was offered by Councilman Dowling Watford, followed by the Pledge of Allegiance. AGENDA ITEM #II - APPROVAL OF MINUTES The minutes of July 13, 1982, were presented for the Council's approval. Councilman Watford asked that the minutes reflect in Item //VIII, Jack Williamson's comment that the group present at that meeting was willing to annex the property in question before the construction of a nursing home. Vice /Chairman Burk instructed the Clerk to review the tapes of the meeting and so correct the minutes. Councilman Watford then moved to approve the minutes of July 13, 1982, as amended, seconded by Councilman Knight. Motion carried. AGENDA ITEM III - MRS. RUCKER WILCOX - REQUEST EXTENSION OF WATER SERVICE Mrs. Linda Wilcox, representing husband Rucker Wilcox, appeared before the Council to discuss a request to extend water service along Southwest Second Street between Tenth and Eleventh Avenues for construction of a single family dwelling. Mrs. Wilcox questioned the current procedure for water line extension, whereas the customer must pay the entire cost of the extension. She asked if a meter could be set where the existing water line ends and just run a one inch water line to the house. Vice Chairman Burk advised the policy is for the customer to be responsible for the costs of water line extensions, any variation from this would require workshop sessions by the Council. Councilman Watford asked if it (the cost of the line) would not be differed into the cost of the home under construction. Mrs. Wilcox noted they only allowed for the Two Hundred Fifty Dollar ($250.00) water deposit and tap fee, not the additional line. Director Fortner noted the cost estimate of One Thousand Five Hundred Dollars ($1,500.00) is for a six inch (6 ") line extension for one -half (2) a block (300 feet). In order to extend it the entire block, it would require going under two paved roads which would double the cost. Councilman Chapman felt it unreasonable to charge an individual the entire cost of improving properties other than their own with water line extensions. Once a water line is in, adjacent property owners only have to pay the tap fee and water deposit. Administrator Fellows suggested, from past experience, three alternatives: 1) in the case of sub - divisions, where a developer was going to construct fifty or more 11 I T 3108 82 -64 homes, the developer would pay the entire cost of extending a water main to that development; 2) an individual, where a two inch (2 ") line would satisfy the needs and the City wanted a six inch (6 ") line, then the City would pay the difference; or 3) a method of special assessments where any improvements were assessed on the basis of the front footage of the property benefited. The first two were used most often, special assessments were used in a very limited way. Council discussed the necessity to maintain the six inch (6 ") line requirement, policy, for future growth purposes. Councilman Watford noted the policy has been set, what needs to be done is examine it and maybe modify it. What ever is done will set a precident for future requests. Councilman Watford added for the record, he is against the assessments to adjacent property owners. Councilman Chapman agreed the ordinance should be reviewed with the possibility of amendment. Attorney Conlon suggested some type of "map projecting the future needs for six inch (6 ") lines" to give the Council and the Public Works Department first hand know- ledge of the areas in question. Councilman Watford moved to table this issue for further study and review of the present policy, seconded by Councilman Chapman. Motion carried. Vice Chairman Burk instructed the Clerk to notify Mrs. Wilcox of any action taken within the next two weeks. AGENDA ITEM IJIV - PUBLIC HEARING - PROPOSED USE OF THE HALF CENT SALES TAX Vice Chairman Burk called for a public hearing on the proposed use of the half cent (2) sales tax and preliminary City budget for 1982 -83, as set out in the Florida Statutes. Administrator Fellows, upon Vice Chairman Burk's request, elaborated on the intent and purpose of said hearing. "Due to the recent one cent (10) sales tax increase by the State Legislature, the County will receive Four Hundred Thirty -Two Thousand Dollars ($432,000.00). The City anticipates receiving Ninety Thousand Dollars ($90,000.00). The Legislature, when they passed the tax increase, mandated that forty percent (40 %) of the anticipated revenues from the half cent sales tax be used to reduce the property taxes within the City and /or within the County. The preliminary budget figure presented this evening has been prepared with this in mind. Forty percent of the money or Thirty -Six Thousand Dollars ($36,000.00) has been deducted from the ad velorum tax the City would normally expect to receive, and the maximum amount of millage the City could levy next year has been calculated. The hearing is for public input on how to use the remaining Fifty -Four Thousand Dollars ($54,000.00). The City has tentatively allocated the funds for continued high -level police and fire protection." Vice Chairman Burk opened the floor for citizens to make recommendations. T 111 3109 82 -65 Andy Ruben felt the monies alloted for paving is inadequate, and requested the additional sales tax funds be added to street paving. With no further citizen input, the floor was opened for Council to comment. Councilman Watford was satisfied with the distribution, and noted it should stay as is. ($36,000.00 for tax relief and $54,000.00 for Police and Fire). Councilman Knight stated the tentative distribution was fine with the possibility of a portion of the funds going towards the sewage problem. Knight added that once budget sessions began he would be better able to determine other needy areas. Councilman Chapman agreed with citizen Andy Ruben on the need for additional funds for paving City streets. Vice Chairman Burk stated the Council fulfilled the requirements regarding its first hearing, and thanked the citizens for their input. Administrator Fellows stated Council's next step was to set a hearing date for the tentative budget and tentative millage rate, suggested Wednesday, September 8th or Friday, September 10th, 1982. Council agreed to set a hearing for Wednesday, September 8, 1982, 7:00 P.M. Administrator Fellows advised Council to next certify the millage rate of 3.913. Councilman Watford moved to set the tentative millage rate of 3.913 and to set the tentative budget hearing for Wednesday, September 8, 1982, at 7:00 P.M. Administrator Fellows stated the final budget hearing will be held on Monday, September 27, 1982, at 7:00 P.M. Prior to that meeting Administrator Fellows suggested proposed Workshop dates of Tuesday, August 31; Wednesday, September 1; Thursday, September 2; and an open date of Friday, September 3, if needed. Council approved the meeting dates. Vice Chairman Burk then called for a second on the motion to set the tentative millage rate of 3.913 and to set the tentative budget hearing for Wednesday, September 8, 1982, at 7:00 P.M. Motion was seconded by Councilman Knight, and carried. AGENDA ITEM #V - FRED NELSON - REQUEST AUTHORITY TO ERECT GATES Citizen Fred Nelson appeared before the Council to request authority to erect a gate at each end of a fifteen foot (15') alley easement at the Northeast corner of Parrott Avenue and Northeast Seventh Street. Mr. Nelson advised that Florida Power & Light Company and United Telephone Service have no objections to the gates and has letters stating such. Councilman Watford asked Mr. Nelson to explain his intended use of the alley. Mr.Nelson stated the alley will be used as a drive -way for a future nursery and farm and garden store, and added he will maintain the alleyway. Vice Chairman Burk asked if Mr. Nelson understood the City's policy that if deemed necessary he would have to remove the gates upon request. Nelson stated he understood. F11 3110 82 -19 Director Fortner stated the gates will need to remain open during the day for free access to the meter readers. Mr. Nelson noted the City, Florida Power & Light and United Telephone will all have keys and the gates will be left open during the day. The correct zoning of the property is Commercial "C ". In view of all the stipulations noted and agreed upon, Councilman Knight moved to grant permission to erect the gates as requested, seconded by Councilman Watford. Motion carried. Vice Chairman Burk stated permission granted contingent on the standard documents being executed. AGENDA ITEM / /VI - RESOLUTION OF APPRECIATION Council reviewed a Resolution to show appreciation to the City Fire Department and City Volunteer Fire Fighters for the highly successful Fourth of July celebration and fireworks display. Councilman Chapman moved to adopt the Resolution of Appreciation, seconded by Councilman Knight. Motion carried. RESOLUTION NO. 82 -5 WHEREAS, Independence Day is one of the most important days in the history of our country, and WHEREAS, the OKEECHOBEE CITY VOLUNTEER FIRE FIGHTERS have honored this day by conducting a very special celebration, and WHEREAS, many hours were donated to make the Fourth of July event a very special occasion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee, Florida as follows: 1982. 1. That the Okeechobee City Fire Fighters be commended for making this first annual July Fourth area wide celebration such a resounding success. 2. That the following persons individually and collectively are hereby recog- nized by this body for the time and effort each contributed for the overall success of the aforesaid area wide July Fourth celebration. 3. That Certified copies of this resolution be spread upon the official minutes of the City of Okeechobee and certified copies be furnished to the individuals recognized below: Keith Tomey Ricky Holt Jim Godwin John Emmons Twila Valentine Bobby Arcaro Kathy Tomey Mary Ann Holt Chuck Freid Dan Winchester Carl Strickland Karen Binkley, Kristi Gray Denny Davis 4. This resolution shall take effect immediately upon its adoption. Introduced and adopted in regular session assembled this 27TH day of JjLy ATTEST: BONNIE S. THOMAS City Clerk 1 EDWARD W. DOUGLAS Mayor Iil 3111 82 -48 82 -35 AGENDA ITEM #VII - SEWAGE TREATMENT PLANT CAPACITY Council was presented a report from Engineers Broome, VanOstran & Associates regarding the remaining capacity of the City's sewage treatment plant. Director Fortner stated that at a Monday, July 26th, meeting with the Department of Environmental Regulations (DER) in Port St. Lucie, DER is very willing to assist the City in any way they can. "They (DER) gave suggestions and guidelines that they would like the City to follow, however, nothing is in writing which might bind the City to any certain require- ments they may not be able to meet. DER was of the opinion the City should not add any new customers until the City can renovate the plant or make some arrangements to remove some or all of the flow that is being discharged into Taylor Creek. This is part of the administrative order that was handed down from EPA in 1978. DER is very interested in seeing this accomplished in some manner without putting undo burden on the City. Their main concern is for the City to come up with a pre- liminary plan to correct our sewer plant and infiltration problems, and to remove the flow into Taylor Creek. They are mainly interested in the schedule of time concerning Federal funds. If Federal funds are not available they want a schedule of time showing how the City will make these corrections. DER stressed the point that they would like to have some immediate reduction of a portion of the flow into Taylor Creek. They felt this could be accomplished with the correction of our infiltration problems." Vice Chairman Burk clarified the fact that he felt "the City is obligated to not increase capacity until we rectify some of our deficiencies." Attorney Conlon asked if it was a "suggestion" from DER or a specific order to not reserve sewer hook -ups. Director Fortner stated it was a suggestion. Vice Chairman Burk suggested tabling this issue to give the Council time to study the detailed report from Engineer Broome, presented this evening. Then Mayor Douglas may set a Workshop to discuss the matter in detail. Councilman Watford asked where the City stands on a temporary permit. Director Fortner advised "the city first applied for an operating permit which was denied. The City then reapplied for a temporary permit. DER is requesting a time table to cease the discharge, also, requesting public notice stating the fact the City is polluting Taylor Creek, prior to issuing a temporary permit Council agreed to table the issue to allow indepth study of the report. AGENDA ITEMS #VIII & #IX - PLANNING BOARD - CODE ENFORCEMENT BOARD This item concerns Council's consideration of one appointment to the Planning and Zoning Board to fill the unexpired term of Chairman Dale Burk who is resigning to attend graduate school. 3112 82 -45 82 -6 The Vice Chairman suggested Council also review the applications submitted for two appointees to the Code Enforcement Board; one to fill the unexpired term of Code Board member Jim Attaway and one appointment for a term of three years as a new appointee as provided by the Legislation established by 1982 Legislature. For the record the Vice Chairman noted five applicants for the Code Enforcement Board, two for the Planning Board and one applicant did not specify. Councilman Watford asked if a person could be appointed without having turned an application in. Attorney Conlon stated, yes, noting there were no regulations governing this aspect. After brief discussion, Councilman Knight moved to appoint Blair Kuhlewind, to Jim Attaway's unexpired term which ends April 30, 1984, seconded by Councilman Chapman. Motion carried. Councilman Chapman moved to appoint Deara Thompson to the newly established three year term. Council discussed briefly the qualifications needed. Councilman Chapman noted Code Board Chairman Leggett's recommendation of Deara Thompson and August Winkenhofer, Jr. Vice Chairman Burk called for a second. Motion seconded by Councilman Knight and carried to appoint Deara Thompson to the Code Enforcement Board. Council instructed the Clerk to see that the new appointees were notified. Council discussed at length the importance of the appointment to the Planning Board. Councilman Watford felt the matter should be studied, because of the complexity of the issues on the Planning Board, there is a need for a well qualified person. Council tabled the appointment for further study and instructed Administrator Fellows to contact the citizens who applied for the Code Enforcement Board to see if any would be willing to fill the Planning Board position. AGENDA ITEM #X - MAYOR TO CALL ON AUDIENCE Vice Chairman Burk called for citizens in the audience wishing to address the Council. Citizen Andy Ruben suggested deep wells as an alternative to the sewage problem, and felt it should be researched. Ruben was of the opinion that Deara Thompson will be an asset to the Code Enforcement Board. Last, Citizen Ruben wished to thank Doc Watford, along with Councilman Watford, and John Leggett for cleaning various lots in town. Citizen Jeff Bailey introduced himself as a candidate for District 77 of the Florida Legislature. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCIL MEMBERS FOR REPORTS AND /OR REQUESTS Secretary Mann presented the General Fund and Water & Sewer Fund Warrant Registers for Council signatures. Attorney Conlon, regarding the LaGrow suit memorandum, stated the offer of a 1 11 3113 3 settlement is "Order for Rehearing" would be premature Conlon then research being one of the final gested seeking Administrator Term Disability. LIFE & AD & D TOTAL LTD Recommendation: be made for representation League of Cities. Administrator he would be the Council agreed present carrier, by a local agent, As per Council's and effects of plan. Fellows Retuebuch on the Council discussed Councilman coverage, upon a minimum of ten Administrator convention to 30th. He encouraged Fellows requested Mayor Douglas, the desire to Councilman those Councilmen carried. basically the same offer which the City previously rejected. The in not final, because of that, Attorney Conlon advised it to consider the offer. elaborated on the status of the suit. He felt confident the conducted is thorough and complete. The "Motion for Rehearing" is issues prior to the setting of a trial date. Attorney Conlon sug- an extension of the offer, to enable further study. Council agreed. Fellows presented the bid tabulations on Life insurance and Long National Investors Florida League Life Insurance Co. of Cities State Farm Bankers Life .37/1000 .42/1000 .43/1000 .39/1000 No Bid .702% No Bid .56% of covered of covered monthly monthly compensation compensation Remain with present carrier, Bankers Life, provided arrangements can by a local agent, otherwise, bid will be awarded to Florida Fellows added he had been contacted by Bruce Homer who indicated local agent for Bankers Life. to accept the Administrator's recommendation to remain with the Bankers Life, provided arrangements can be made for representation otherwise, award bid to Florida League of Cities. instructions, Administrator Fellows researched the possibility retaining retired employee Edmond Retuebuch on the City's insurance reported there are no restrictions or additional costs to continue insurance until age 65 (eligible for Medi- Care). the ramifications of setting a policy. Watford moved to allow employees to continue on the City's insurance retirement, until age sixty -five (65), provided they have been employed (10) years, seconded by Councilman Chapman. Motion carried. Fellows brought to Council's attention the League of Cities annual be held at the J.L. Knight International Center, October 28th through Council to attend, stating it would be an asset to the City. some indication of those who may attend, for reservation purposes. Administrator Fellows and Attorney Conlon had previously indicated attend. Councilmen Knight and Chapman wished to be included. Watford moved to authorize the Mayor, Administrator, City Attorney and indicating desire, to attend, seconded by Councilman Knight. Motion 3114 82 -12 Councilman Chapman asked Mr. Fellows if anything had been done concerning the hog problem in the Southwest section, since the Council amended the Dog Ordinance. Fellows stated, to his knowledge, the owners of the hogs are trying to rectify it. Council instructed Fellows to have either Mr. Westbrook or himself contact the lady who filed the complaint and apprise her of the situation. Councilman Chapman asked for an up -date on the incident regarding the trailers located off Southeast Fifth Street and Southeast Sixth Avenue. Fellows reported there are seven (7) trailers, six (6) separate water meters and five (5) sewer stub -outs. The one trailer that does not have its own water meter was put there long ago, however, the owner has been contacted to have a meter set. Building Official Westbrook, upon inspection, ascertained the trailers are properly set -back with ample square footage to meet all requirements. Councilman Chapman asked that Mr. Fellows contact the complainant and inform him of the findings. Councilman Chapman discussed briefly a drainage problem needing correction. Director Fortner to investigate. Councilman Watford appreciated Mr. Ruben's comments regarding the lot cleaning, however, wished to clarify the fact that he is in no way connected with the lots that were cleaned, his father owns them. Vice Chairman Burk presented the General Fund Warrant Registers as follows: June 30th: Eighteen Thousand Six Hundred Forty -Six and 99/100ths Dollars ($18,646.99) July 16th: Fourteen Thousand Three Hundred Twenty and 97/100ths Dollars ($14,320.97) July 27th: Eight Thousand Seven Hundred Eighty -Four and 99/100ths Dollars ($8,784.99) Councilman Watford moved that the General Fund Warrant Registers be approved as presented, seconded by Councilman Chapman. Motion carried. Vice Chairman Burk presented the Water & Sewer Fund Warrant Registers as follows: June 30th: Twelve Thousand Two Hundred Sixty -Six and 23/100ths Dollars ($12,266.23) July 16th: Twenty -Nine Thousand Nine Hundred Eighty -Seven and 99/100ths Dollars ($29,987.99) July 27th: Seven Thousand Three Hundred and 40 /100ths Dollars ($7,300.40) Councilman Knight moved that the Water & Sewer Warrant Registers be approved as presented, seconded by Councilman Watford. Motion carried. AGENDA ITEM #XII - ADJOURNMENT There being no further business the meeting adjourned at 9:45 P.M. ATTEST: -7 BO —rile S. homas, CMC City Clerk City of Okeechobee -t:JX67 247? Edward W. Douglas, Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. T AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 27, 1982 7:00 P.M. I. Invocation and Pledge of Allegiance II. Approval of the minutes of the regular meeting of July 13, 1982. III. Appearance of Mrs. Rucker Wilcox to discuss with the Council a request to extend water service along Southwest Second Street between 10th and llth Avenues for construction of a single family dwelling. IV. Public hearing on the proposed use of the half cent sales tax and preliminary city budget for 1982/83. V. Request by Fred Nelson for authority to erect a gate at each end of a fifteen foot alley easement at the Northeast corner of Parrott Avenue and Northeast 7th Street. VI. Adoption of a resolution by the City Council in appreciation to the City Fire Department and City Volunteer Fire Fighters for the highly successful July 4th celebration. VII. Discussion on report from Engineers Broome Van Ostran & Associates regarding the remaining capacity of the city's sewage treatment plant. VIII. Consideration of one appointment to the Planning and Zoning Board to fill the un- expired term of Chairman Dale Burk who is resigning to attend graduate school. IX. Consideration of two appointees to the Code Enforcement Board; one to fill the un- expired term of Code Board member, Jim Attaway and one appointment for a term of three years as a new appointee as provided by the Legislation established by 1982 Legislature. X. Mayor to call on anyone in audience wishing to address the Council. XI. Mayor to call on City Clerk, City Attorney, City Administrator and members of the City Council for reports and /or requests. XII. Adjournment.