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1983-04-04 Regular Meeting3276 83 -2 83 -37 83 -20 REGULAR MEETING MONDAY, APRIL 4, 1983 The City Council of the City of Okeechobee, Florida, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, at 7:00 P.M. Chairman /Mayor Edward W. Douglas called the meeting to order with the following Councilman present: Edward W. Douglas, Chairman /Mayor Oakland Chapman Oscar Thomas Dowling R. Watford, Jr., Councilman James H. Knight was absent. Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer David M. Conlon, City Attorney L. Keith Tomey, II., Fire Chief Rosemary Miller, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Councilman Chapman followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES With no corrections, additions or deletions needed Councilman Chapman moved that the minutes of the regular meeting of March 22, be approved as presented, seconded by Councilman Watford. Motion carried. AGENDA ITEM #V - FIRST READING - ORDINANCE - BUDGET AMENDMENTS Chairman Douglas introduced for first reading an ordinance amending the Budget Ordinance of the City of Okeechobee for the period year October 1, 1982, through September 30, 1983; providing for adjustments; providing adjustments to expenditures and providing an effective date. Chairman Douglas read the title as follows: AN ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF OKEECHOBEE FOR THE PERIOD YEAR OCTOBER 1, 1982 THROUGH SEPTEMBER 30, 1983; PRO- VIDING FOR ADJUSTMENTS IN REVENUES; PROVIDING ADJUSTMENT TO EXPENDI- TURES; PROVIDING AN EFFECTIVE DATE. With no comments from those present, Councilman Watford moved to set the second and final hearing for April 18th, seconded by Councilman Thomas. Motion carried. AGENDA ITEMS #VI & #VII - FIRST READING - ORDINANCE - SEWER TREATMENT PLANT Chairman Douglas advised the Council and those present that Items #VU and #VII on the agenda, pertaining to the proposed sewage treatment plant, were combined into one ordinance. The title was read for first reading as follows: AN ORDINANCE AMENDING THE CITY OF OKEECHOBEE, FLORIDA, CODE OF ORDINANCES: ARTICLE III. SEWERS AND SEWAGE DISPOSAL, BY ADDING THERETO SECTIONS 18 -49 THROUGH 18 -71. SAID AMENDMENT REQUIREST USE OF PUBLIC SEWERS; PROVIDING FOR PRIVATE SEWAGE DISPOSAL; REGULATES CONNECTIONS, DISCHARGE, ENFORCEMENT, UNAUTHORIZED USE, STORM WATER MANAGEMENT; AUTHORIZES INSPECTIONS, LIENS, LEGAL ACTIONS; PROVIDES FOR CONNECTION FEES, SEWER FEES, CHARGES DIS- POSITION OF FUNDS, RATES, CHARGES, PENALTIES, AND SETS FORTH DEFINITIONS, PENALTY COSTS, SEVERABILITY, AND CONFLICT PROVISIONS; MAKES PROVISIONS FOR THE RENEWAL OF OCCUPATIONAL LICENSE SUBJECT TO ADEQUATE POLLUTION CONTROL FACILITIES; AND PROVIDES FOR AN EFFECTIVE DATE. 1 1 1 T T! 3277 3 83 -38 83 -11 The second and final hearing was tentatively set for a special meeting April 11, 1983. Councilman Watford asked if certain items could be deleted from the title at the second and final hearing. Attorney Conlon advised that anything could be eliminated but not added at the final hearing. With no further discussion, Councilman Chapman moved to set the proposed ordinance for second and final hearing on April 11, 1983, seconded by Councilman Watford. Motion carried. AGENDA ITEM #VIII - FIRST READING - ORDINANCE AUTHORIZING ISSUANCE OF WATER AND SEWER REVENUE BONDS Chairman Douglas presented for first reading an ordinance authorizing the issuance of Water and Sewer Revenue Bonds in the amount of Three Million Two Hundred Twelve Thousand Nine Hundred Dollars ($3,212,900.00) for the development of the City's sewer collection system and 201 area -wide wastewater treatment plant. The title was read as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS AND IMPROVEMENTS TO THE WATER & SEWER SYSTEM AND THE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $3,212,900 WATER AND SEWER REVENUE BONDS, SERIES 1983, TO FINANCE PART OF THE COST OF SUCH PROJECT AND THE REFUNDING; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AMENDING ORDINANCE NO. 356 OF THE CITY, RELATING TO THE CITY'S OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES 1972, IN CERTAIN RESPECTS SO AS TO EN- HANCE THE MARKETABILITY OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. Councilman Watford moved that the proposed ordinance be set for second public hearing on April 11, 1983, seconded by Councilman Chapman. Councilman Watford inquired as to which funds are to be pledged. Administrator Fellows advised the City is pledging its entitlement funds which are 1) State Revenue Sharing, 2) Public Service Tax and 3) Franchise Fees. This is basically what has been pledged inthe other ordinances pertaining to the sewer project. Councilman Watford asked, "what is the reference to the 1972 Bonds ?" Fellows explained that the 1972 Bonds and the 1983 Bonds are to be issued on a parity (that is each of then have a lien on those pledged revenues for payment of the debt service). With no further discussion, Chairman Douglas called for a vote on the motion to set a public hearing. Vote on the motion carried. AGENDA ITEM #IX - ENGINEER'S CONTRACT Chairman Douglas called for action by the Council to amend the Engineering Agreement between the City and Broome, Van Ostran & Associates to require a provision for Professional Liability Insurance for Errors and Omissions. The proposed amendment was read as follows: Article 5. INSURANCE The ENGINEER and the CITY chall each effect and maintain insurance to protect himself from claims under workmen's compensation acts; claims for damage because of bodily injury including personal injury, sickness , " I 1 EIT T E T 3278 83 -15 83 -16 or disease, or death of any of his employees or of any person other than his employees; and from claims for damages because of injury to or destruc- tion of tangible property including loss of use resulting therefrom. The ENGINEER shall also provide Professional Liability Insurance for Errors and Ommissions in an amount to be approved by the CITY COUNCIL. The floor was opened for discussion by the Council. Councilman Chapman asked that Administrator Fellows explain the need for the amendment. Fellows advised that, "the amendment was in line with the request by the Council at the last meeting. Engineer Broome has made application for One Million Dollar ($1,000,000.00) coverage of Professional Liability Insurance. The present agreement, however, does not call for this type of coverage, consequently the amendment is needed ". Council discussed the proposed amendment briefly, with Engineer Broome. Engineer Broome stated that the one million dollar coverage was for this sewer project which should last about two years. Councilman Chapman moved to amend the engineering agree- ment to include Article 5 "Professional Liability Insurance ", seconded by Councilman Thomas. Motion carried. AGENDA ITEM #X - PUBLIC SERVICE TAX EXEMPTION REQUEST Chairman Douglas acknowledged receipt of the requested letter from the Board of County Commissioners stating the Council on Aging and Rehabilitation Facility are, in fact, County agencies, therefore, the Council is in the position to exempt these two agencies from the Public Service tax if they so desire. Attorney Conlon advised the Council that the letter received from the County Commissioners was satisfactory. Councilman Thomas moved to grant the two facilities exemption from the Public Service utility tax, seconded by Councilman Chapman. Following brief discussion the vote on the motion carried. AGENDA ITEM #XI - SURPLUS PROPERTY Chairman Douglas called for action by the Council to declare certain culverts as surplus property and authorize their disposal at public auction. Douglas explained that on all future street paving improvements the county will require a minimum size culvert of fifteen (15) inches. In the recent paving improve- ment program, a number of twelve (12) inch culverts were replaced, consequently the surplus culverts. Councilman Chapman notes that due to the new requirements the twelve inch (12 ") culverts will have to be used on private property, no City or County right -of -ways. Council discussed the matter briefly followed by a motion by Councilman Watford that the culverts be declared as surplus property and disposed of properly. Motion was seconded by Councilmen Chapman and Thomas, vote carried. 3279 - 83 -15 83 -32 AGENDA ITEM #XII - MAYOR TO CALL ON AUDIENCE Chairman /Mayor Douglas called for anyone in the audience wishing to address the Council. Andy Rubin commented on the first reading of the proposed sewer treatment plant ordinances. Rubin asked if the new Group Homes associated with the Rehabilitation Center will fall under the tax exemption also. Attorney Conlon advised that the exact same procedures will have to be met, before they can be exempt. The Group Home Director will have to approach the City Clerk for possible exemptions. Contractor Orin Lee was present to discuss the problem created in Block 18 (Southwest Nineth Street and Eleventh Avenue) by the closing of a portion of South- west Eighth Street in 1956. Upon request, Administrator Fellows elaborated on the title search conducted, per council's instructions on Block 15 of the same area. Research shows that in 1956 the Council did close the section of Southwest Eighth Street. Fellows advised Council that Contractor Orin Lee has acquired Lots 6 through 15, Block 18, which he wishes to develope but has no access to Lots 6 through 10, due to the road being closed. Fellows stated Mr. Lee purposes to deed to the City an additional nine foot (9') right -of -way to go along with the existing fifteen foot (15') alley which would provide a twenty -four foot (24') right -of -way to be able to develope these lots for single family homes. The Council discussed the need to provide enough area for drainage, utilities, etc.; and several alternatives receiving input from Director Fortner and Administrator Fellows. Councilman Chapman noted that insufficient drainage would cause problems and the County may not accept the road. The Council discussed the possibility of vacating the existing alleyway and moving it to the north of Lots 1 through 10. Council agreed that without a great deal of study, the problem could not be resolved this evening. Councilman Watford stated that allowing a twenty -four foot (24') access road will only compound the errors made nearly thirty (30) years ago. The Council agreed that the minimum the City will require is forty feet (40') for the roadway. Following lengthy discussion, Director Fortner suggested two choices 1) to put the road through Lots 7 and 14 or 2) move the alley north of Block 18 and gain additional footage from Anthony Bass to meet the required forty feet (40') Councilman Watford suggested Administrator Fellows contact Mr. Bass to try and work something out. Council agreed. 3280 83 -20 83 -39 83 -9 AGENDA ITEM #XII - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS The Warrant Registers were presented for Council's approval. Administrator Fellows reported that, "at a recent County Commission meeting the Board listened to a plea from R -Bar Estates residents to undertake a soil study at the proposed wastewater treatment plant site. The Board agreed to do so. At the last County Commission meeting the soil engineer informed the Board that he would not perform the tests without a letter from the City requesting him to do so." Fellows further advised the Council, "the City should have, by next Monday, a written report from Law Engineering on the study that was done, at the City's request, on the hydrology and soil condition of the site." Fellows suggested the Council wait until it receives the report, furnish the Board of County Commissioners with a copy and the R -Bar Estates representative. Then if the County still wants a soil study conducted approach it at that time. Conlon advised that if a second report is deemed necessary it be conducted by an outside firm to avoid any possible conflict of interest. Following brief discussion, the Council agreed unanimously to wait until the report is complete, then decide whether to have further study conducted by someone outside. Administrator Fellows reported on the recent legislation increasing the gasoline tax to five cents (50. "They have repealed the first gas tax and have included in the legislature authority for Counties to levy anywhere from one to four cents (1 -40 gasoline tax locally. If they do so they (counties) must share the revenues with the cities on the basis of some type of interlocal agreement." Fellows asked for authorization for he and Director Fortner to meet with County Attorney Kyle Van Landingham and discuss the most feasible way to divide this money to the benefit of both governments. "If an agreement can't be reached, there is provided in the legislation a formula based on the past five years transportation expenses of both bodies." The formula arrived at will be presented to the City Council and County Commissioners for approval. After brief discussion, the Council authorized Fellows to do so. Administrator Fellows brought up for discussion the placement of the Building Department once the new addition is completed and suggested perhaps the Fire Depart- ment bay behind City Hall. Following brief discussion of the Building Department; and what color to paint the new addition, the Council instructed Administrator Fellows, Director Fortner, Mallette Westbrook and Fire Chief Tomey to discuss the issues and a few alternatives for approval at the next meeting. 3281 83 -24 83 -33 83 -12 83 -18 The Council instructed Administrator Fellows to obtain proposals for painting the entire City Hall complex. Councilman Chapman brought to the attention of the Public Works Department the fact that pine tree roots have raised the sidewalk at Southwest Sixth Street and Parrott Avenue. This should be corrected as soon as possible to avoid any possible suits. The Council instructed the Administrator to write a letter to the County to correct it. Councilman Watford noted that the Central Florida Regional Planning Council has changed their meeting dates to the first Wednesday of each month and there are no particular items on their agenda affecting the City. Councilman Watford stated that "there is increasing interest in the establishment of impact fees. Jim Duane, Executive Director of the Regional Planning Council, attends a lot of legislative committee meetings in Tallahassee. He had told the Regional Planning Council members several months ago that growth management (impact fees) are a very important topic in legislature later this year ". Councilman Watford suggested that Council review the site plans of new construction to see how it blends in with the surrounding areas. Councilman Watford asked for an up -date on the establishment of the Grievance Committee. Fellows advised it was proceeding as per Council's instructions, and reviewed the proposed committee for Councilman Thomas. Chairman Douglas acknowledged receipt of a letter from the Humane Society and asked Council to study it for discussion at the next meeting. Councilman Chapman moved to approve the General Fund Warrant Register in the amount of One Hundred Twenty Thousand Five Hundred Thirty -Six and 98 /100ths Dollars ($120,536.98) and the Water and Sewer Fund Warrant Register in the amount of Sixty - Two Thousand Two Hundred Ninety -Two and 25/100ths Dollars ($62,292.25), seconded by Councilman Watford. Motion carried. AGENDA ITEM #XIV - ADJOURNMENT There being no further business the meeting adjourned at 9:00 P.M. ATTEST: i BONNIE S. THO i CMC City Clerk City of Okeechobee EDWARD W. DOUGLAS, D.C. Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING APRIL 4, 1983 7:00 P.M. 1. Call to Order Invocation - Oakland Chapman, Councilman Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of March 22, 1983. V. Introduction and first reading of an Ordinance amending the Budget Ordinance of the City of Okeechobee for the period year October 1, 1982 through September 30, 1983; providing for adjustments in revenues; providing adjustment to expenditures; providing an effective date and setting of a public hearing for April 18, 1983. VI. Introduction and first reading of an Ordinance providing rules and regulations for use of the City Sewer Collection System and Treatment Plant and setting of a public hearing for April 11, 1983. VII. Introduction and first reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee, Florida; amending Chapter 18, Article III, Section 18-43 to provide service charges and rates for users of the Okeechobee City Sewer System both within and without the municipal limits of the City of Okeechobee; providing an effective date and setting of a public hearing for Aprilll , 1983. VIII. Introduction and first reading of an Ordinance authorizing the issuance of Water and Sewer Revenue Bonds in the amount of $3,212,900 for development of the city's sewer collection system and 201 area-wide wastewater treatment plant and setting of a public hearing for April the llth. IX. Action by the Council to amend the Engineering Agreement between the city and Broome, Van Ostran & Associates to require a provision for Professional Liability Insurance for Errors and Omissions. X. Action by the Council on a request from the Okeechobee County Council on Aging and the Okeechobee County Rehabilitation Facility for exemption from the city public service tax. XI. Action by the Council to declare certain culverts as surplus property and authorize their disposal at public auction. XII. Mayor to call on anyone in the audience wishing to address the Council. XIII. Mayor to call on City Clerk, City Attorney, City Administrator, and City Councilmen for reports and/or requests. XIV. Adjournment.