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1983-06-20 Regular Meeting3325 3 83 -2 83 -49 83 -56 83 -38 REGULAR MEETING MONDAY, JUNE 20, 1983 The City Council of the City of Okeechobee, Florida met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman /Mayor Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman /Mayor Dowling R. Watford, Jr. Oakland Chapman Oscar Thomas Councilman James H. Knight was absent. Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works Larry Mobley, Police Chief L. Keith Tomey, II, Fire Chief Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEM #II - INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Councilman Oakland Chapman followed by the Pledge of Allegiance. AGENDA ITEM #III - APPROVAL OF MINUTES Councilman Chapman moved that the minutes of the Regular Meeting of June 20, 1983, be approved as presented, Seconded by Councilman Watford. Motion carried. AGENDA ITEM #IV - RECOGNITION OF SCHOOL CROSSING GUARDS In absence of David Hester, Chairman of the County School Board, Mayor Douglas presented "Certificates of Recognition" to School Crossing Omard Donna Lanning, for her dedication to the children (School Crossing Guard Yvonne Chapman was not present). AGENDA ITEM #V - BIDS FOR PAINTING WATER TOWER Director Fortner advised the Council that after thorough investigation, his recommendation is to award to Suncoast Painting of Largo, Florida in the amount of Fifteen Thousand Two Hundred Sixty -Five Dollars ($15,265.00). Councilman Thomas moved, on the recommendation of the Director of Public Works to accept the bid from Suncoast Painting, Seconded by Councilman Watford. Following brief discussion, the vote on the motion carried. AGENDA ITEM #VI - FINAL HEARING - ORDINANCE AUTHORIZING' ISSUANCE' OF $3,212,900 IN BONDS Chairman Douglas called for the Public Hearing and Final Reading of the Ordinance authorizing $3,212,900 worth of Water and Sewer Revenue Certificates for the construction of a Sewage Collection System and 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 OUT- STANDING OBLIGATIONS OF THE CITY OF OKEECHOBEE, FLORIDS; 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: PRO - VIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THERE- _ T 1 1111 ' I 3326 83 -62 83 -39 WITH; AMENDING ORDINANCE NO. 356 OF THE CITY, RELATING TO THE CITY'S OUT- STANDING WATER AND SEWER REVENUE BONDS, SERIES 1972, IN CERTAIN RESPECTS SO AS TO ENHANCE THE MARKETABILITY OF THE BONDS; REPEALING ORDINANCE NO. 485, ENACTED ON APRIL 18, 1983, RELATING TO THE SAME SUBJECT; AND PROVIDING AN EFFECTIVE DATE. The floor was opened for comments and /or objections. Citizen Andy Rubin commended the City Council and the City Attorney for the excellent job done in the preparation of the Proposed Bond Ordinance and asked that the City Clerk sign the necessary documents and affix the City Seal in person, not facsimile as the Ordinance provides. The City Clerk asked that the City Administrator clarify the provisions in the Ordinance that Mr. Rubin referred to. Administrator Fellows advised that Page 16 is the note on the Bond and there is a place for the Mayor to sign, the City Administrator to sign and the City Clerk to sign and attach the City Seal. (Also on Page 21, the Registered Bond). Fellows continued, "I think what Mr. Rubin is referring to is "Coupon 98, 1983 Bonds may be registered at the option of the issue at the office of the City Clerk as Registrar or such other Registrar as may hereafter be duly appointed ". The Registrar has nothing to do with placing the City Seal on a document. A Registrar has nothing to do with placing the City Seal on a document. A Registrar is simply a person to keep the Bond Book. If the Council decides they want someone else to keep track of the Bonds they can do so." With no further discussion, Councilman Watford moved that the Ordinance be adopted, Seconded by Councilman Thomas. Motion carried. AGENDA ITEM #VII - SEABOARD COASTLINE RAILROAD Chairman Douglas noted receipt of a written request from the Seaboard Costline Railroad Company to increase the speed of trains through the City from Fifty -Five (55) to Eighty (80) miles per hour. The Chair called for discussion. The Council discussed the request. Councilman Watford asked as a Point of Reference, that the Police Department clock the trains that presently travel through the City to get an average speed. The Police Chief was instructed to do so. When asked, Police Chief Mobley stated that Eighty (80) miles per hour was entirely too fast and dangerous. Following discussion, the Council agreed unanimously to have the trains remain at the Fifty -Five (55) miles per hour speed limit. AGENDA ITEM #VIII - INTERLOCAL AGREEMENT — FOUR CENT GAS TAX The Chair asked the Council to consider a Proposed Interlocal Agreement between the City and the County providing for the distribution of Revenues from a Proposed Four Cent Gasoline Tax. Administrator Fellows noted that, "Basically this is the agreement that was worked out between Director Fortner, myself and Kyle Van Landingham, County Attorney, and represents what 3327 3 83 -20 83 -31 83 -63 we feel is an equitable distribution of the Revenues. This in no way states that the City is either for or against the Four Cent Tax, just an agreement oni:the distribution of Monies." The Council discussed various possibilities (i.e.: the County taking the responsibility of all the roads; a Two Cent Tax instead of a Four Cent Tax). Since such an agreement will be equitable to the City, Councilman Watford moved the approve the Interlocal Agreement, Seconded by Councilman Chapman. Motion carried. AGENDA ITEM #IX - FINAL HEARING - ORDINANCE RECOGNIZING THE 201 FACILITIES PLANNING AREA 1 — Chairman Douglas presented for Final Hearing of an Ordinance recognizing the 101 Facilities Planning Area as the zone of influence called for in Chapter 180 of the Florida Statutes. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE I PROVIDING FOR A NEW SECTION 18 -4 RECOG- NIZING THE ZONE OF INFLUENCE AS BEING THE OKEECHOBEE 201 FACILITIES PLANNING AREA; AUTHORIZING PROJECTS; AUTHORIZING RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. The floor was opened to the audience for comments and /or objections. None were voiced. Administrator Fellows explained, "This particular issue came up as the result of our contact with the Department of Environmental Regulations (DER), who indicated, when they set up the 201 Facilities Planning Area, that for the City to enforce regulations within that Planning Area, we would need to adopt an Ordinance establishing this zone. (As stated in Florida Statute 180.02 (3). In short, we are recognizing by law, what the State Department of Environmental Regulations prescribed when they authorized the City to spend the funds to conduct the study of the 201 Facility." The Council discussed the Proposed Ordinance briefly. Councilman Chapman moved to adopt the Ordinance as presented, Seconded by Councilman Watford. Motion carried. AGENDA ITEM #X - BID TABULATIONS - PIPE AND FITTINGS Chairman Douglas noted receipt of the bid tabulations for the purchase of Pipe and Fittings for the Water Division of the Department of Public Works. The Director of Public Works recommends the Council accept the bid from Southeastern Municipal Supply in the amount of Thirty -Seven Thou- sand One Hundred Seventy -Eight and 92 /100ths Dollars ($37,178.92). Councilman Thomas moved, upon the recommendation, to accept the low bid from Southeastern Municipal Supply, Seconded by Councilman Chapman. Motion carried. AGENDA ITEM 4 #XI - UNITED TELEPHONE FRANCHISE Chairman Douglas noted the next agenda item was the need for the Council to authorize the Mayor and City Clerk to execute a Fifteen (15) Year Non- Exclusive Franchise Agreement with United Telephone Company. Douglas advised that Mr. Tom Savage, United Telephone Representative, was present to answer questions. Chairman Douglas explained that Ordinance No. 460, adopted May 11, 1982, authorizes the Mayor and Clerk to execute a Franchise Agreement, however, the Proposed Agreement was never finalized. The primary objection of the Council to the Franchise was the feasibility of under- ground cable installation and the clause addressing "Recurring Local Service Revenues ". 1 1 it 1P 3328 83 -64 Upon request, Mr. Savage explained that Eighty Per Cent (80 %) of all new installations in the City are now placed underground. Recurring Local Service Revenue refers to any type of Revenue the Telephone Company receives on a regular monthly basis other than long distance calls, pay telephones, and installations. One Percent (1 %) of all increased recurring costs will go to the City also. Council discussed the wording of the Proposed Franchise Agreement briefly. Councilman Watford moved to approve the Franchise Agreement with United Telephone Service, Seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XII - MAYOR TO CALL ON AUDIENCE Chairman /Mayor Douglas called on anyone in the audience wishing to address the Council. Citizen Andy Rubin commented on the cuts made in the roads to repair water lines; the painting of the water tower; and suggested that the four cent gas tax increase (if passed by the County) be put into paving. CONTRACTOR JOHN ABNEY - TO REQUEST THE CREATION OF A HOUSING AUTHORITY Representative of the Contractor's Association, appeared before the Council to request the creation of a Housing Authority. Abney elaborated on Section 421 of the Florida State Statutes which provides for the establishment of Housing Authorities by cities and /or counties by a resolution declaring a need. Abney quoted the Statute. Based on statistics aquired from the County Zoning Office, dealing with the City's Comprehensive Planning Program and a Housing Market Analysis, Abney stated, in low income areas; Dean;s Court has 4.3% lack of plumbing, 10.2% more than one per room, and 75.6% minority; Douglas Park has 11.5% lack of plumbing, 12.7% more than one per room, and 94% minority. There is a need for the City to create a Housing Authority. The Statutes also provides for a cooperative agreement between cities and counties (FS 421 11) The teo entities can work together and establish one Housing Authority." Abney asked the Council to consider his request noting that grant monies are available to get money into the County to improve areas in need. Administrator Fellows reviewed for the Council and those present, the City's application for a small communities Block Grant. The City's initial application was denied, however, the State is conducting a meeting Wednesday, in Orlando, relative to the allocation of approximately $4.8 Million in new money for community development grants for small cities. If Council so desires we can resubmit the application with a few modifications by September 30th. Fellows explained, "The City can not on its own, borrow money to build houses, but they can create a Housing Authority which can issue bonds, receive grants, do everything that has to do with Rehab - Housing, New Housing, Senior Citizens Centers, etc." The Council discussed the possibility of a Housing Authority. Citizen Kevin Foster noted that to combine a County /City Housing Authority would create a beeter prime moving force to obtain grant monies. Leo Weaver, Manager of Tanglewood Apartments, reaffirmed the fact there is a great need for Low Income Housing, noting he has to turn people away that do not earn enough income to qualify for the government run apartments (Tanglewood). 1 r 3329 83 -58 83 -65 83 -58 83 -18 The Council discussed the various resonisibilities and jurisdictions of a Housing Authority, receiving input from the City Attorney and Citizens present. RUCKER WILCOX - PETITION FOR VOLUNTARY ANNEXATION In regards to his Petition for Voluntary Annexation, submitted at the June 6th Meeting, Rucker Wilcox presented proof of ownership, displayed plans of the entire proposed project and elaborated on same. Upon review of the proof of ownership, Attorney Conlon advised the docu- ment was only a contract for purchase, the actual transfer of ownership has not occured, there- fore, Wilcox does not have the right to Petition for Annexation. Administrator Fellows offered an explanation of the events to date. "The City Staff has been working with Mr. Wilcox relative to helping him find a way to develop his property outside of the City. In order for us to know what is needed in the way of dollars and cents and whether or not some type of system can be designed to serve the area, Mr. Wilcox was asked to present plans and specifications. The plans have been received and are being reviewed by the City's Consulting Engineer. No decisions have been made to date. We have a good system proposed and it would benefit the City to try to find a way to implement the system within the City ". The Council discussed the Proposed Annexation and the problems to be worked out. It was determined that since Rucker Wilcox is not the legal owner, the Petition for Annexation is invalid. AGENDA ITEM #XIII- MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS CITY CLERK - WARRANT REGISTERS Clerk Thomas presented the General Fund and Water & Sewer Warrant Registers for Council's approval. CITY ATTORNEY — FUTURE ANNEXATIONS Attorney Conlon requested that as part of any future Petitions for Annexation a certifi- cation be included from an abstract or Title Company, stating they have examined the legal description and allegations of ownership in the Petition and that they are correct. Council agreed unanimously to require this with all Petitions for Annexation. The Council then discussed other needed requirements. A question was raised by the City Attorney regarding annexation of a parcel of land that is already platted. Who will be responsible for paving, drainage, etc.? Council instructed the City Attorney and City Administrator to draft specific guidelines for annexations and present them to the Council for Approval. COUNCILMAN WATFORD - WILCOX PETITION FOR ANNEXATION Due to the fact the present Petition is invalid, Councilman Watford moved to rescend last meeting's action setting the Ordinance for Voluntary Annexation for Public Hearing, Seconded by Councilman Chapman. Motion carried. COUNCILMAN CHAPMAN - WARRANT REGISTERS Councilman Chapman moved to approve the General Fund Warrant Registers in the amount of Twenty -Four Thousand Five Hundred and 86/100ths Dollars ($24,540.86) and the Water and Sewer 3330 83 -58 Register in the amount of Fifty -Seven Thousand Two Hundred Eighty -Two and 11 /1OOths Dollars ($57,282.11), Seconded by Councilman Thomas. Motion Carried. AGENDA ITEM #XIV - ADJOURNMENT There being no further business, the meeting adjourned at 9:00 P.M. ATTEST: BONNIE S. •i S, CMC City Clerk City of Okeechobee f -174 +� • i W. DOUGLAS D. Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. SPECIAL MEETING WEDNESDAY, JUNE 29, 1983 The City Council of the City of Okeechobee, Florida, met in Special Session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 6:00 P.M. Chairman /Mayor Edward W. Douglas called the Special 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: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works L. Keith Torrey, Fire Chief Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & III — INVOCATION AND PLEDGE The Invocation was offered by Councilman Jim Knight followed by the Pledge of Allegiance. AGENDA ITEM #IV - PETITION FOR VOLUNTARY ANNEXATION - WILCOX Chairman Douglas acknowledged receipt of the Petition for Voluntary Annexation and the attached "Certificate of Title" certifying the Petitioners have lawful right to file said Petition. With everything in order, Chairman Douglas advised that a Public Hearing should be set for August 1, 1983, and so advertise if Council deems appropriate. The Chair then opened the floor for discussion, comments and /or objections. Citizen Kim Glassburn presented a Petition signed by residents of Eighteenth (18th) Street and Okeechobee Avenue that are opposed to the Annexation. Glassburn noted that Mr. McDonald, owner of Lot 13 (within the property to be annexed) also is opposed. The Council reviewed the Petition and discussed same. Councilman Watford asked Mr. Glassburn AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JUNE 20, 1983 7:00 P.M. 1. Call to Order Invocation - Councilman Oakland Chapman III. Approval of the minutes of the regular meeting of June 6, 1983. IV. The Honorable David Hester, Chairman of the Okeechobee County Schoolboard, to make presentation to Crossing Guards - Yvonne Chapman and Donna Lanning. V. Action by the Council to award bids for the painting of the water tower in back of the City Hall. VI. Public hearing and final reading of an Ordinance authorizing $3,212,900 worth of water and sewer revenue certificates for the construction of a sewage collection system and area-wide wastewater treatment plant. VII. Discussion by the Council on a proposal of the Seaboard Coastline Railroad Company to increase the speed of trains through the city from 55 to 80 miles per hour. VIII. Consideration by the Council of a proposed Interlocal Agreement between the city and the county providing for the distribution of revenues from a proposed four cent gasolin tax. IX. Public hearing and final reading of an Ordinance recognizing the 201 facilities plannin area as the zone of influence called for in Chapter 180, Florida Statutes. X. Receipt of bid tabulations and recommendations for the purchase of pipe and fittings for the Water Division of the Department of Public Works. XI. Introduction and first reading of an ordinance authorizing the Mayor and City Clerk to execute a fifteen year non-exclusive Franchise Agreement with United Telephone Company and setting of a public hearing for July 18, 1983. 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.