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1983-04-11 Special Meeting3282 83 -38 SPECIAL MEETING MONDAY, APRIL 11, 1983 The City Council of the City of Okeehcobee, Florida, held a special meeting in Council Chambers, 55 Southeast Third Avenue, Okeechobee, at 7:00 P.M., in order to allow the public to ask questions and voice their opinions concerning the proposed wastewater treatment plant and its location. Chairman /Mayor Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman /Mayor James H. Knight, Vice Chairman Dowling R. Watford, Jr. Oakland Chapman Oscar Thomas Others present were: Richard C. Fellows, City Administrator David M. Conlon, City Attorney James Broome, Consulting Engineer Ronald Suit, Firefighter Rosemary Miller, Executive Secretary Janice M. Mann, Deputy Clerk City Clerk Bonnie S. Thomas was absent. AGENDA ITEMS #II & III - INVOCATION AND PLEDGE The invocation was offered by Councilman James Knight followed by the Pledge of Allegiance. AGENDA ITEM #V - PUBLIC HEARING - ORDINANCE AUTHORIZING ISSUANCE OF WATER AND SEWER REVENUE BONDS Chairman Douglas presented for public hearing an ordinance authorizing the issuance of Three Million Two Hundred Twelve Thousand Nine Hundred Dollars ($3,212,900.00) in water and sewer revenue certificates for the purpose of constructing a wastewater collection system and an area -wide wastewater treatment plant to serve the 201 Facilities Planning area. The title was read by Chairman Douglas 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 THERE- WITH; 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 ENHANCE THE MARKETABILITY OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. The Chair advised those present, the meeting was for public hearing only, no official action can be taken until the next regular meeting on April 18th. The floor was then opened for comments and /or objections. Citizen Robert Kennedy questioned the report received today from Law 1 1 1 lir lr T 3283 3 83 -20 Engineering on the soil conditions of the proposed sewer plant site. Kennedy noted the study indicates a need to increase the alloted land area for spray irrigation over two and one -half (21) times the original proposal. This, he assumed, would increase the monies needed and should be considered in the bond issue. Engineer Broome advised that, due to the possibility of an increase in requirements, as much as seventy -five percent (75 %) of the additional needed funds would come from EPA. Kennedy asked, "what the total cost will be and where is the funding to come from. This is the residual amount that the taxpayers of the City of Okee- chobee will have to pay ?" Chairman Douglas advised, "the Three Million Two Hundred Twelve Thousand Nine Hundred Dollars ($3,212,900.00) is the loan that has been approved through the Farmers Home Administration; the City has a One Million Dollar ($1,000,000.00 grant from FmHA; the City has also applied for an additional Nine Hundred Forty -Eight Thousand Dollar ($948,000.00) EPA grant. And as the engineer stated, with the additional expense, because of the enlargement of the spray irrigation area, the City's grant from EPA will exceed the Nine Hundred Forty - Eight Thousand Dollars ($948,000.00) originally requested." Administrator Fellows specified, "we estimate the additional cost to be Two Hundred Thousand Dollars ($200,000.00) of which approximately One Hundred Forty Thousand Dollars ($140,000.00) would be a grant from EPA, and the additional Sixty Thousand Dollars ($60,000.00) the City would absorb in the Water and Sewer budget ". Refering to the report received today, Kennedy questioned the reference to the natural drainage which will help avoid the compounding or accumulation of water within these beds. Quoting from the report, "the presence of natural areas of drainage and ditches on or adjacent to the site will help reduce the height of ground water mound." Director Fortner noted that EPA and DER require that all water be con- tained on the property, therefore no water will flow directly into Taylor Creek. Discussion ensued pertaining to various items in the latest report. Council received input from Engineer Broome and Director Fortner. Broome pointed out that the present design was developed under DER guidelines. The approach that the consulting firm of Law Engineering has taken is very 3284 conservative to insure that any future constraints on pollution will be met. Any future expansion will be handled through more advanced treatment at the plant itself as opposed to increasing the land mass. Citizen Dale Barrett questioned the multipliers indicated in the new report (the holding tank nineteen times larger; the spray irrigation field two and one -half times greater). How will they affect the estimated cost and the proposed rates? Robert Kennedy asked Council to determine how much more will it cost to complete the studies suggested by Law Engineering. Kennedy stated, "the study (201 Facility Plan) was conducted prior to the development of R -Bar Estates. There is over Two Million Dollars ($2,000,000.00) worth of improvements now. I don't think the residents of R -Bar Estates are going to allow their property values to drop appreciably without seeking some kind of financial recourse from the City. Is there any provision in the City's contingency fund to accomodate any financial settlements with R -Bar Estate residents ?" Al Goldstein, resident of R -Bar Estates, stated that the residents of R -Bar are not opposed to growth; just concerned that it is handled correctly. R -Bar residents will receive no benefits from the sewer plant whatsoever and yet they will bear the brunt of any impact from it. The residents are simply trying to work with the City to arrive at a compromise that will benefit every- one. Engineer Broome responded to the projected cost increase. The holding pond will be increased to approximately Two Hundred Ninety Thousand Dollars ($290,000.00); the spray irrigation field increased to Ninety Thousand Dollars ($90,000.00); total cost of Three Hundred Eighty Thousand Dollars ($380,000.00). Robert Kennedy stated, "this report does not deal with the phosphate problem. I understand that the Federal government has provided a lot of expertise to concentrate on the Taylor Creek water shed area to control the fact that twenty -seven percent (27 %) of the phosphates that enter Lake Okee- chobee, enter it through the Taylor Creek - Nubbin Slough water sheds. Why, then, did the latest report fail to address this issue." Director Fortner and Engineer Broome advised all those present that the natural grass areas will theoretically absorb the phosphates through its roots, the grass will then be cut and removed from the site. EPA nor DER will give the City a permit to operate unless it is being taken care of properly. 3285 Citizen Andy Rubin objected to the City, "rushing into" the sewer project and bond issue. Chairman Douglas noted that the City Council had to set a moratorium on county sewer hook -ups so basically the City is dealing with City residents only. As far as the study is concerned, which began in 1976, the County was the lead agent. All the guidelines with EPA and DER were met in the study and the engineering specifications. The property was acquired tentatively prior to R -Bar Estates being platted, consequently the developer and the residents of R -Bar Estates should have been aware of this situation at that time. Douglas noted, while the actual lease to the City was not finalized until last May, the site had been selected and accepted by the County and the 201 studies in 1976. Dale Barrett stated the original study states, "that the prime considera- tion was that there were no residential areas within a close proximity to the site. The lease was taken up last year knowing that there was a residentially platted area and no further studies have been made." Rosemary Bass asked if the study addresses the possibility of ground- water contamination to wells. Bacteria could cause a great deal of problems, will R -Bar residents be allowed to hook -up to city water free of charge if contamination should occur ?" Chairman Douglas advised the latest hydrology test was conducted by Law Engineering to ensure that the proposed plant met all the proper specifications, so there would be no contamination or infringement on any nearby residential areas. The City is doing everything it can to protect the residents in that area. Engineer Broome noted that residential septic tanks are as close as seventy -five feet (75 ") from their wells. The treated effluent that filters into the drain field is no better than ninety percent (90 %) treated. Contractor Bill Tomlinson agreed that the expansion and new plant is gravely needed, however, he is totally opposed to the proposed percentage rate increase. Tomlinson felt the increase will not only cripple the construction business but will also devastate the senior citizens in this community on fixed incomes. Council discussed with the senior citizens the rate of interest on the loan of 9.1% on the $2,212,900.00 and 9.75% on the $1,000,000.00, the bonding rate, the annual debt service, the existing county moratorium on hook -ups. T l Tiff if 3286 Councilman Watford stated "the main reason the City is trying to build a new plant is because we have to. We have no choice, we have to eliminate the discharge into Taylor Creek. The Council has decided that the best alternative is to build the new plant. We are not building a new plant to allow a new industry to come to the area. Our number one purpose is to get the discharge out of Taylor Creek; secondly, it stands to reason, to build a plant larger than the existing one to accomodate for growth. The original plan was for the City and County to approach this jointly so that City and County residents could be connected to the sewer system. For some reason the County has pulled out of this process which leaves the City responsible for the entire project." The project was discussed further with questions from the audience pertaining to the number of phases in the entire project, the potential users of phase one, mandatory hook -ups, the use of state, county and city right -of -ways for installation of the sewer lines. Contractor Gene Woods asked of Council's future plans for annexation and how it will affect the new sewer plant capacity. Chairman Douglas explained that consideration of annexation is only at the administrative level. Engineer Broome reiterated, "any future expansion would be handled through advanced treatment at the existing plant." Discussion ensued. Dale Barrett asked for clarification on the disposal of the solid waste on the site or a DER approved land fill site. Director Fortner explained the initial thought was to leave it on the property, however, the new report will require the acquisition of a DER approved land fill site, the County land fill will not accept it. Mark Griffith noted, for possible consideration instead of incurring the expense of having it hauled away, sell it to fertilizer companies. John Entry was concerned with the amount of truck traffic to and from the plant to haul off the waste material, and asked the Council to consider all aspects very carefully before making any decisions. Andy Rubin felt the City should have gone to deep -well injection for sewage treatment as opposed to a spray irrigation system. Engineer Broome explained, for the record, that even with deep well injection you still need to treat the sewage through a plant, you still need holding ponds; the total package is extremely costly ". 3287 _ 83 -24 Prior to adjournment, Chairman Douglas read, by title only, an or- dinance providing rules and regulations, fees and system capacity charges for the proposed area -wide wastewater system. 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 REQUIRES USE OF PUBLIC SEWERS; PROVIDES FOR PRIVATE SEWAGE DISPOSAL; REGULATES CONNEC- TIONS, DISCHARGE, ENFORCEMENT, UNAUTHORIZED USE, STORM WATER MANAGEMENT; AUTHORIZES INSECTIONS, LIENS, LEGAL ACTIONS; PROVIDES FOR CONNECTION FEES, SEWER FEES, CHARGES DISPOSITION OF FUNDS, RATES, CHARGES, PENALTIES, AND SETS FORTH DEFINITIONS, PENALTY COST, SEVERABILITY, AND CONFLICT PROVISIONS; MAKES PROVISIONS FOR THE RENEWAL OF OCCUPATIONAL LICENSE SUBJECT TO ADEQUATE POLLUTION CONTROL FACILITIES; AND PROVIDES FOR AN EFFECTIVE DATE. Douglas noted the final hearing for the two ordinances will be held next Monday night, April 18. The Law Engineering study will be reviewed and the questions posed this evening will be answered. The citizens asked that the City notify the public of the proposed rates, mandatory hook -up, etc. over and above the required legal notices. AGENDA ITEM #VII - ADJOURNMENT There 8:30 P.M. ATTEST: being no further business the special meeting adjourned at .,:l<IJ4J ,.-, 29e EDWARD W. DOUGLAS,, Chairman /Mayor City of Okeechobee B• 'IE S. THO 'S, CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. 1 I it _ i 1 AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS SPECIAL MEETING APRIL 11, 1983 7:00 P.M. I. Call to Order II. Invocation - Jim Knight, Councilman III. Pledge of Allegiance - Mayor Edward Douglas IV. Public hearing on an Ordinance providing rules and regulations, fees and system capacity charges for the proposed area-wide wastewater system for use within the 201 Facilities Planning Area. V. Public hearing on an Ordinance authorizing the issuance of $3,212,900 in water and sewer revenue certificates for the purpose of constructing a wastewater collection system and an area-wide wastewater treatment plant to serve the 201 Facilities Planning Area. VI. Action by the Council to amend the Agreement for Engineering Services between the City and Broome, Van Ostran and Associates to provide specific engineering start-up services and follow-up operating services requesting 45 days over the first year as required by the Environmental Protection Agency. VII. Adjournment.