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1984-02-20 Regular Meeting3418 84 -1 84 -22 REGULAR MEETING MONDAY, FEBRUARY 20, 1984 The City Council of the City of Okeechobee, met in regular 55 Southeast Third Avenue, Okeechobee, Florida at 7:08 P.M. Chairman Edward W. Douglas called the meeting to order with present: Edward W. Douglas, D.C., Chairman James Knight, Vice Chairman Dowling R. Watford, Jr. Oscar Thomas Oakland Chapman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia J. Wilkerson, Deputy Clerk AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Chairman Douglas, followed by AGENDA ITEM #1V - APPROVAL OF MINUTES Chairman Douglas called for approval of the minutes of the Regular Meeting of February 6th, 1984. There being no additions or deletions, the minutes were approved as presented. AGENDA ITEM #V - INDUSTRIAL DEVELOPMENT AUTHORITY - ACTION ON A REQUEST FOR WATER & SEWER HOOKUP FOR INDUSTRIAL PARK the Industrial Development Authority were & sewer service for the Airport Industrial Park, with the Central Florida Regional Planning of a letter which would secure the $250,000.00 session in Council Chambers, the following Councilmen the Pledge of Allegiance. Chairman Douglas stated that members of present to discuss their request for water and that Attorney Conlon had been in touch Council's attorney concerning the drafting grant. Chairman Douglas asked Attorney Conlon to explain the letter for Council. Attorney Conlon stated that the attorney for the Central Florida Regional Planning Council had dictated the form of a letter to him earlier this afternoon and the City Council put in other disclaimers about meeting City's rules and regulations, charges, and mainly that the City will reserve the water for the Industrial Park. This letter would secure the $250,000.00 grant to be given to the Industrial Development Authority. Attorney Conlon read the letter for the Council as follows: The City regarding the availability of water and sewer service for the proposed Airport Industrial Park located at Okeechobee County Airport. The City of Okee- chobee will provide water and sewer service to the project site as requested after annexation of the project site by the City. The City will reserve for the project site water and sewer capacity as set forth below. Water service will be available in an amount not less than 75,000 gallons per day. Sewer service including service for industrial waste water treatment will be available in ai amount of not less than 50,000 gallons per day and will be provided by the new sewer plant currently being developed by the City. Attorney Conlon suggested the City have 2 letters, one stating the water is already available, and one stating the sewer would be available upon annexation. Councilman Thomas asked if this letter was agreeable to the Industrial Development Authority. Attorney Conlon stated that it was probably news to everyone that upon annexation water and sewer would be available. X19 Phil Berger addressed Council and stated that as Chairman of the Industrial Development Authority, he could not speak for the County Commissioners as to the annexation. He then stated, "We formally accept the City's reservation for the water and sewer. And hereby for- mally charge the Okeechobee City Council and the County Board of Commissioners to work out their problems with ad valorem, annexation on any other service to the promotion of business and industry. And if you have any other reservation, contingency or stipulations, I wish that you would formally bring it up before the Board of County Commissioners, because we are not message carriers nor are we an agency for the Board of County Commissioners, nor an agency for the City Council. We are citizens for the community of Okeechobee ". Chairman Douglas asked for Public comments. Mr. Henry Kelly, President of the Chamber of Commerce stated he has had numerous calls from members of the Chamber of Commerce and directors, and the gist of them all were that it should be considered unthinkable that we would allow anything to happen in the City and or the County to invalidate the grant. Attorney Conlon asked if anyone had heard from the Central Florida Regional Planning Council since 5:20? Phil Berger stated he was told at 4:30 P.M. that there would be 2 letters. Attorney Conlon replied that the Central Florida Regional Planning Council's attorney had only dictated the "one" letter, but he suggested that there be 2 letters, and it was his understanding this one letter would secure (hold) the grant. Mr. Berger then stated again, that he could not speak for the County Commissioners as to the annexation. Councilman Thomas asked Mr. Berger if the Industrial Development Authority had any problems with the letter. Mr. Berger replied by stating that he had no problems but that he felt the City and County needed to get together. There was a brief discussion among Councilman Watford, Elder Summer and Phillip Berger concerning who was at fault in this situation, (City -- County -- Industrial Development Authority) in waiting until such a late date to work out details concerning all parties and things should have been done in a more timely Cashion in preparation for the application of the grant. Mr. Berger asked Councilman Watford to clarify if the Industrial Development Authority was at fault. Councilman Watford answered, "No, I don't think so - the property belongs to the County ". Mr. Berger asked Attorney Conlon if he agreed. Attorney Conlon stated that he did not have anything to do with that part of it, and as he saw it, the City send the letter tomorrow, the grant is reserved and protected and will be awarded. The sewer plant goes in in 1- 2- 3years from now, and you will be signing up some tenants that will need sewer and somewhere between now and then the County will say whether or not they want to annex. If they say they do not want to - then there will be some dialogue back and forth and it will eventually be resolved in the political arena, and if they say they do want to annex they will call a petition - we will hold the hearings and that will be it, The Industrial Development Authority stated, "I believe we rest ". Chairman Douglas asked for discussion. There was no response. Chairman Douglas called for a motion. Councilman Knight moved to accept the letter as stated by Attorney Conlon to preserve the grant. Councilman Chapman seconded the motion. Chairman Douglas asked for any further discussion before voting on the motion. Councilman Watford stated he felt that one of the main problems with this was the annexation. He also noted that some remarks were made earlier by the County Commissioners that they had some money paid into the sewer plant facility and therefore they should be entitled to use the sewer in the County. It was further stated that the County has paid 3/4 of 1% capacity on the sewer facility and the County currently is using 19% capacity and he feels they are getting over their moneys worth already. Councilman Watford then stated, "The 6" water mains will not be sufficient for adequate fire protection, and the Industrial Development Authority and County Commissioners have to be aware of this fact; that everything (including pipes, valves, lines, etc.) must meet the City's requirements - because after all, we are here to protect the City against lawsuits. And we are requesting larger lines in order to provide adequate fire protection and I don't have any problem with the letter being sent - but we have to make sure that we are protected, so no one can come back and sue the City for something on down the road". Attorney Conlon stated that he could add a paragraph onto the letter stating that that "subject to the City's rules and regulations ". Attorney Conlon asked Director Fortner, "What size line will supply 75,000 gallons and what size line is needed to supply adequate fire protection ". Director Fortner replied, " "Several questions must be asked first to find out what size line could be used for 75,000 gallons; 1) how many hours is going to be involved in drawing the 75,000 gallons? and 2) how many per minute? That would average the direct effect on the existing water system if they exceed certain amounts and it starts lowering pressure in a given area. Well that compounds the problems down the lines, if it is a small volume stretched out over 24 hours you have a different situation than you do over a few hours ". Attorney Conlon asked, "When you say you are using 75,000 gallons per day - does that not mean that its divided over a24 hour period and you don't say any further, does that not get the hourly rate ?" Director Fortner answered, "No, sir, they may only be open 8 hours (business) ". Attorney Conlon then asked, "What type of line do we need to meet this letter re- quirement, the way it is worded, 75,000 gallons per day ?" Director Fortner stated, "We are talking about a mile of water lines, a 12" water line would supply you 2,000 gallons per minute. Again it depends on what period of time that they want to draw the water, A 6" water line would supplyyou 300 gallons per minute. How many hours are you expecting the 75,000 gallons - what period. I don't know if that answers your question ". Councilman Knight stated that no one really knows this yet. Attorney Conlon then said, "If we send this letter, what are we obligating our- selves for ?" Phil Berger stated that the Engineer who designed the Industrial Park was present, Mosley Collins, if the Council wished to ask him any questions concerning the problem. Chairman Douglas suggested that the Engineer and Director Fortner get together and discuss a few things and bring it back before the Council, on the policy, etc. Attorney Conlon stated, "Whatif the Council sends this letter now, we need to have some type of an idea as to the amount of water supply, (the 75,000 gallons of water will be supplied at 300 gallons per minute or something like that) because what if they came back after we send the letter and said that they needed a 12 inch line? Or would an 8" line be better, could I say an 8" line? In the letter I could say 75,000 gallons per day through an 8" line." 3421 - Director Fortner stated, one thing, he felt the County Commission would like to know how this is handled because they are also opening bids tomorrow involving these things. They are going to need some guidance concerning what size lines. Their plans show 6" lines." Director Fortner further stated he felt that something might have to be decided tonight. Attorney Conlon asked if a 6" line would be OK for fire protection. What size would be needed for this protection. Director Fortner stated that according to the Fire Chief and again depending on what it out there, you may need 3,000ga1.per minute maybe a 14 or 16 inch line. Phil Berger asked Council with the annexation - what causes the City to be concerned with the lines for the fire protection. Attorney Conlon answered that the City needed to know what size line was needed when we signed the letter. Phil Berger stated, "The lines are on the plans." Councilman Watford asked, "Are these the lines on the plans that the City has ?" Mr. Berger answered, "Yes ". Councilman Watford then asked if they were going to expect the City to accept these lines if they were dedicated to us." Mr. Berger said that it didn't matter to him, and further stated that he had written a letter to the City stating that we could accept the lines if we wanted to, and if we didn't want then he supposed the Industrial park would. Councilman Watford then stated that "if a formal request was made to the City for accepting these line, the Industrial Development Authority needed to know that the lines would have to meet the City's specs. Mr. Berger asked how did the 6" lines fail to meet the City's specs. Councilman Watford answered by saying, "The PVC is 160psi and we require 200 psi. Iron pipe class 50 and we used class 52, and we use solid gate valves. There are 125psi for 1 hour and we would need 150 psi for 2 hours. These are some of the things that show all the items won't meet our specs. So some of this needs to be changed. Apparently we did not make this clear before but this just points out to me that there are some things we need to have worked out. I realize that time is of the essence. Maybe what I am saying is that you need to be aware of these faults so when you come back next time and maybe you do want us to accept them (the lines), I would hate for you to come up here and say, 'Why didn't you tell us that this didn't meet your specs ?'" Mr. Berger asked, "Well why doesn't this meet your specs ?" Mr. Berger asked Mosely Collins to answer questions. Mosely Collins addressed Council and stated, "The specifications used in the In- dustrial Park designs meet most City's specifications. With 160 psi you are only using 40 pound psiit's not recommended you use 200 pound psi. For the verification you might ask Mr. Tommy Markham what he puts in throughout this area." Mr. Collins then stated that they had requested alternate bids on 8" pipe tomorrow and also 7" pipe. Mr. Collins further stated, "All the information that I have given to the City has turned out to be adequate, sufficient, and it has never been indicated to me that there would be any decision made other than by the Council. We submit the information to the Council and the Council submits it to me and this is how it should be. The information has been given back and forth. The information that I needed and we say this is what we have and the final decision is to be made by the Council." Mr. tommy Markham addressed Council and stated that he has been installing these size pipes w.tthintheCity with no objections, also installed in Jupiter, West Palm Beach and Ft. Pierce. He stated that he understood that the City has just recently changed their specifications to give some extra added protection but it is definitely not necessary where this type was being installed. Mr. Markham wanted to point out to the people pre - 1 1" 1 111- -IT I 3422 sent that it was not out of the ordinary for the Industrial Development Authority to use these size lines. Councilman Watford stated that he was not picking on this one issue, he just wanted to point out that there were some problems that needed to be resolved. Citizen Jim Baughman addressed Council concerning the jobs which would be available if the Industrial Park developed. He further stated that Mr. Berger and the other men working on the Industrial Park had really done a great job and he felt appreciation was due them. Councilman Watford replied to Mr. Baughman's comments by stating that he in no way wants to jeopardize the grant, but the City still needs to be protected, and as a Council- man, this was his job to see to it. Fire Chief Tomey stated that a 12" water line was needed for fire protection. Chief Tomey also stated that if anyone needed proof they could stop by his office and look in the Fire Almanac and they could find the answers to their questions. Councilman Watford made a motion to amend the motion to say 50,000 gallons per day in the water and 75,000 sewer and to add the following conditions so everybody will understand: 1. Lines will be accepted for maintenance only when brought up to City specs. Otherwise service will be provided by master meter. 2. Any improvements needed to provide a greater level of service will be funded by Industrial Authority or users. 3. The Cftyshall approve each customer and reserves the right to refuse water or sewer service to any user that would interfere with the performance of the City's system. The City will have the right to collect samples at any reasonable time, and 4. The City recommends larger main sizes for fire protection and can not be held responsible for water for this purpose. Chairman Douglas asked if there was a second on the motion to amend. Councilman Knight asked, "If they asked for it then why couldn't a motion be made? Attorney Conlon answered by stating that when the letter was being dictated to him, he asked the attorney from the Central Florida Regional Planning Council, 'If we don't put something in there about complying with our specifications could we put that into the letter'". Attorney Conlon stated that he was going to ask- the Council that if the letter passed that we rework it a little bit and that Mr. Fellows and himself call before we signed the letter or anything and read it word for word so that we would not send anything to endanger the grant. I don't know if some of those things would or would not be accepted, there is no way I would know, without reading it to their attorney and seeing if it were agreeable to them. Those are all very good points if we put those in and if they understood them and we put something in there about subject to our rules and regu- lations maybe it could be handled that way." Councilman Watford asked to withdraw his motion and make another one. Councilman Watford then moved that we amend the water rate to 50,000 gallons per day based on a flow average of an 8 hour day. Councilman Thomas asked, if that had anything to do with the water lines? Councilman Watford replied, "Not yet ". Chairman Douglas asked if there was a second to the motion to amend? Councilman Watford stated, "You better do it gentlemen - we can't supply more than 50,000 gallons." Councilman Knight asked Director Fortner how he felt about this? Director Fortner answered, "With an average flow of 50,000 gallons a day it will put out a 100 gallons per minute ". Councilman Thomas stated, "L.C., are you telling me that you can only put out a 100 gallons per minute ?" Director Fortner answered, "No sir, 1 1 1 m T r 3423 3 that is only what 50,000 gallon is calculated for over a period of 8 hours." Chairman Douglas asked if there was a second on the motion. Councilman Thomas stated that he felt fire protection was one of the most important things. Councilman Watford said, "If we are going to send this letter, we are going to be obligated to how ever much water we say. Maybe we can supply 75,000 gallons per day and maybe we can't ". Chairman Douglas asked for a second to amend? Councilman Thomas seconded the motion for discussion. Councilman Thomas stated, "I understand that they were only asking for 25,000 gallons and we are increasing it to 50,000 gallons, and that the attorney would go along with that ?" Chairman Douglas asked for any further discussion. Attorney Conlon stated, "Yes, I have a couple of questions; what would happen if I call up there tomorrow and they say we cannot get the grant for 50,000 gallons per day ?" Councilman Chapman asked, "Why was the amount held at-50,000 gallons, is it possible that someone contacted the attorney for the Central Florida Regional Planning Council ?" Attorney Conlon replied to Councilman Chapman's comments by stating, "You would not believe how many different amounts that I have been given in the last two days. I do know that the City is going to call someone that has been given a grant recently. All I know is I asked the attorney for the minimum amount in order to secure the grant and he said 50,000 gallons." Councilman Chapman stated, "Well you always ask for more than you need, its normal procedure." Attorney Conlon again stated, "I asked the attorney what the minimum requirement that we could have in order to secure the grant, and this is what he dictated to me." Members of the audience addressed Council as to the amount of water the industrial park would need. Councilman Thomas stated that Mosely Collins asked for 50,000 gallons and he had confidence in his opinion. And if we could furnish more water fine, but we could only reserve a certain amount. Director Fortner pointed out that on the original application the Industrial Develop- ment Authority only requested 25,000 gallons. Councilman Chapman stated that this bothered him. Audience responded to the amount of water to be used. Councilman Thomas asked if we could supply that amount of water. Mr. Henry Kelly addressed Council asking if the Attorney could write the letter stating subject to the City's rules and regulations. Chairman Douglas noted the letter was subject to annexation - and if it would become the City's property, we have utilities, would we not be subject to furnish utilities, either 25,000, 50,000 or 100,000 gallons. Would we not by law be made to furnish the utilities? Attorney Conlon answered, "Yes, by law, if we send this letter to fund a federal grant." Attorney Conlon asked, "How many gallons would the current nearest line be, a 6" or an 8" - so if we continue that out to their property dead end, how many gallons would that produce now ?" Director Fortner answered, "Well, an 8" line, you're talking about a mile. They are going to have to connect to our line at 98. There are alot of problems." Councilman Thomas asked, "Could we say in our letter that this is 75,000 gallons per 24 hours ?" 1 T T lit 1- 1 3424 Chairman Douglas stated, "There is an amendment and a second, lets take a vote on the amendment of 75,000 gallons to 50,000 gallons." Councilman Watford voted Yes, Councilmen Thomas, Knight, Chapman and Chairman Douglas voted No. Chairman Douglas asked for further discussion. Councilman Knight asked if we were going to change the 24 hours. Attorney Conlon stated that he thought a day was 24 hours. Councilman Knight stated that we could put 24 hours on the side of day in parenthesis. Clerk Thomas asked if the original motion could be stated again for the record. Councilman Knight stated, "I made the original motion to accept this letter so it will need an amendment on it to put 24 hours on it and providing rules and regulations." Attorney Conlon added, "providing that water is available now." Chairman Douglas asked for any further discussion on the original motion. No discussion. Chairman Douglas asked for vote. All Councilmen were in favor. Motion carried. Councilman Watford asked if there was a time limit? Attorney Conlon stated, "We normally do. When I was talking to the attorney, I mentioned that we normally did. If they get the grant approved - I suppose a long term but even a long one is better than a totally open ended one. Do you suppose we could have something like a 5 or 10 years ?" Mr. Henry Kelly addressed Council and stated, "I would like to make one more state- ment before I go, Dowling, don't worry, everything is gonna be all right!" Members of the Industrial Development Authority left the meeting at this time. Councilman Chapman stated, "I would like to say one thing, I hope we have learned a little bit from this. I can't understand how it got through with the approval of the Engineer and everything with L.C. - were you ever involved with this at all ?" Director Fortner answered, "They asked questions while the plans were being drawn up about 3 weeks ago." Councilman Chapman stated, "Not for your approval though, what about the Fire Chief, maybe the County Fire Chief, someone, I think we got left behind somewhere." Councilman Knight stated, "I think we ought to make it a law for all people to come through the right connections(channels)." Councilman Watford stated, "A normal development would. Any.other development this size would furnish him (Dir. Fortner) with the plans and with the capacity they would need." Councilmen agreed that they would still have to meet the City's requirements. If they don't - it would not be approved, and we told them so tonight. Councilman Knight brought up for discussion the size pipe that needed for fire pro- tection. Councilman Thomas asked, "Can't we work our way into that later ?" Council replied, "No because they are opening bids tomorrow." Attorney Conlon asked, "Isn't there something that says what size line is needed for fire hydrants ?" Councilman Thomas stated, "Doesn't our letter state that, isn't it in our specificatib? "• Attorney Conlon answered,. "Well you see our letter just states that we will supply the water it doesn't say that we are going to accept their lines. So I would suppose if they were to put in an adequate size line and if they are ready to start taking our water now, I suppose after sending this letter we could let them know that our policy is to inspect each hookup, and any new hookup would have to sign a disclaimer with us that we 3425 are not responsible for water pressure for hydrants." Councilman Thomas said, "Lets take one step at a time ". Councilman Watford asked, "Could it be that the conditions I tried to make them accept, we could send them something similar to that - because you mark my word, they are going to come back to us and say why didn't you tell us that before we put these lines in - that you would not accept them. Then we will have every taxpayer up here saying that we are going to keep all of these jobs out of here." Attorney Conlon stated, "We are not going to keep their jobs out - they will just have to maintain their own lines. Councilman Watford asked, "What if we don't supply enough water ?" Attorney Conlon answered, "After this letter goes out there probably would not be a problem for the Public Works Department to send a letter to them saying - for your information here is our rules and regulations for acceptance of lines. And if we annex we don't have to accept private water lines." Attorney Conlon asked, "Does the specifications call for fire hydrants ?" Councilman Chapman stated, "Well who called for the fire hydrants if we didn't ?" Director Fortner said that the County fire hydrants have to be inspected by the County Commission. Attorney Conlon stated, "They have to approve the fire hydrants but we don't have to extend water unless they do. There is a policy by either resoltuion or something that has been in effect for several years." Director Fortner commented the wording was not exactly like that. Fire Chief Tomey stated that about 3 years ago there was a resolution that they had to have a fire hydrant within so many feet before we would put in service in the County or anywhere. Councilman Chapman said, "What if .;hey dug a big pond right in the middle of it and got the water from that for the fire hydtants." Fire Chief Tomey stated, "Yes, that would be fine. You could do that." Chairman Douglas asked, "Is it agreeable with the Council for Mr. Fellows and Director Fortner to get together and send a letter to the Central Florida Regional Planning Council and the Industrial Development Authority stating the City's specifica- tions." Administrator Fellows stated, "They have a copy of the requirements. We furnished a copy of the specifications to Mr. Collins and evidentally, they have not gotten back with Director Fortner. It is going to be their problem if they don't install the right size pipe. The City just won't accept the lines." Councilman Watford asked if Mr. Berger knows what size lines we require. The Administrator affirmed Mr. Berger verbally knows that Mr. Collins has the list. 84 -15 AGENDA ITEM #VI - FIRST READING ORDINANCE - SPEED LIMIT SIGNS - CHURCHES Chairman Douglas introduced the ordinance and read the title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 17 TO ADD A NEW SECTION 17 -2 TO PROVIDE THE OKEECHOBEE POLICE DEPARTMENT WITH AUTHORITY TO SET SPEED ZONES ON SUNDAYS IN THE VICINITY OF CHURCHES AND IN CONNECTION WITH OTHER SPECIAL EVENTS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for any discussion before voting. Councilman Thomas made amotion to set the ordinance for Public Hearing on March 5th. Councilman Knight seconded the motion. Chairman Douglas asked for any comments concerning the ordinance. 3426 84 -23 a Attorney Conlon stated there was one thing with the wording he would like to change. Citizen Andy Rubin asked the Council if the Police Chief had Ok'ed the ordinance. Council replied, "Yes ". Chairman Douglas noted that he felt the ordinance should not state "Sundays" only. There are some denomenations which worship on Saturdays. Attorney Conlon said this was the changes he was speaking of earlier. Chairman Douglas asked for vote. All Councilmen were in favor of the ordinance being set for Public Hearing on March 5th with the changing of the word "Sundays ". Motion then carried. AGENDA ITEM #VII - PUBLIC HEARING & FINAL READING - ORDINANCE PROVIDING PROGRESSIVE SCHEDULE ON WATER & SEWER RATES Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE; AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -22 TO ESTABLISH NEW RATES AND CHARGES FOR THE WATERWORKS SYSTEM; AMENDING CHAPTER 18, ARTICLE III, SECTION 18 -48 SUB - PARAGRAPH (2) (d) TO INCREASE SEWER USE FEES AS RE- QUIRED BY THE CITY'S BONDING ORDINANCE; PROVIDING AN EFFECTIVE DATE. Chairman Douglas noted the ordinance should read 1984 instead of 1985. Chairman Douglas asked for any comments from the audience concerning the ordinance. Citizen Andy Rubin addressed Council on the following subjects: having two ordinances one for water and one for sewer; water raises in 1976, 1982, 1983, 1984 and 1985; as President of the Taxpayer's Association he requested the Council not to agree to the raise; and stated the Industrial Development Authority was doing a wonderful thing for the City. Citizen Frank Wilbur, Vice President of Taxpayer's Association addressed Council and stated that he agreed with Mr. Rubin's statements not to increase the water & sewer rates. Councilman Knight made a motion to amend the ordinance where it read 1985 instead of 1984. Councilman Watford seconded the motion. Chairman Douglas asked for any further disucssion. Attorney Conlon asked if the rates charged outside the City limits exceed 25%: Administrator Fellows answered, "No ". Councilman Thomas asked Council, "If we see we do not need these increases later on, can we eliminate the increases ?" Attorney Conlon replied, "Yes, by an ordinance." Councilman Watford noted that the water will be increased March 1st, only for the larger amounts of gallons used such as 5,000 - 8,000. And even if we did not increase the rate now - come January 1st, 1985 we would have to whether we liked it or not because in order to pay for the new sewer plant. Administrator Fellows noted that if we found out later on we did not need the addi- tional money received in the increase in order to pay for the sewer plant - that the Council by an ordinance change the increase rate charged. Councilman Thomas stated he felt the same as Andy Rubin concerning the rate increase. He felt there were alot of people on fixed incomes which could not afford the increase. Chairman Douglas called for a vote on amending the ordinance changing the dates. All Councilmen were in favor of the ordinance. Motion carried. Chairman Douglas asked for discussion concerning the increase. Andy Rubin addressed the Council again stating he was against the increase. Administrator Fellows noted that Director Fortner and he were in the process of putting together another application for the recently passed State Sewer Treatment Funding and if we cannot get what we are anticipating - it would change this dramitically. 3427 a 3 84 -24 84 -5 m Attorney Conlon asked Administrator Fellows, concerning the water rates, "I think the sewer rates were projected to put forth in an official statement in our bond ordi- nance. That was all calculated out to be what we needed. And with the water rates, have you in your capacity as Administrator reviewed the cost of this production of water rates and made the adjustments for capitol improvements necessary to growth ?" The Administrator answered, "Yes sir we have, we've gone over that quite throughly. We have found that after capitol improvement the system will measure just a little bit of money. But that doesn't take into consideration any type of improvements such as line size, etc., a better rate to meet those needs." Attorney Conlon then said, "So the rate increases involved are all on the basis of the projections and analysis of the budget as to the amount necessary to keep the system going at the proposed rate." Chairman Douglas asked for any other questions or comments before Council voted. There being no response, Councilman Watford moved to approve the ordinance. Motion was seconded by Councilman Chapman. Motion carried. AGENDA ITEM #VIII - PUBLIC HEARING - FINAL READING - ORDINANCE - TAXICABS Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 16, ARTICLE II, DIVISION I, SECTION 16 -25 SUB - PARAGRAPH (a) TO PROVIDE CONDITIONS FOR VEHICLE CERTIFICATION; PROVIDING AN EFFECTIVE DATE. The Chairman asked for any comments or objections. Mr. Charles Straight asked Council if any if there were any questions. There were no questions. Councilman Chapman asked if the Police Chief had looked over the ordinance. Administrator Fellows noted the Police Chief had agreed to the ordinance. Councilman Watford stated that he thought the vehicles had to be inspected annually by the Okeechobee City Police Department. Administrator Fellows replied by stating yes and it could be added onto the ordinance. Councilman Knight made a motion to amend the ordinance to read "with a yearly inspec- tion by the Okeechobee City Police Department ". Motion was seconded by Councilman Thomas. Motion carried. Chairman Douglas asked for a decision on the ordinance. Councilman Chapman moved to approve the amended motion, Seconded by Councilman Thomas. Motion carried. AGENDA ITEM #IX - PUBLIC HEARING - FINAL READING - ORDINANCE - INCREASE GARBAGE RATES Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING CHAPTER 8, DIVISION 2, SECTION 8 -37 TO PROVIDE AN INCREASE IN COMMERCIAL GARBAGE AND TRASH PICKUP FOR THOS; INSTITUTIONS NOT REQUIRING DUMPSTERS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for any comments by the audience. Citizen Andy Rubin stated that L.P. Sanitation has done a good job but he has to speak out against this as a taxpayer. Chairman Douglas asked Council for any comments /objections. Councilman Watford stated that mandatory garbage had been disucssed in length and this increase was as fair as possible. Chairman Douglas asked for any disucssion before voting. T �" r TI T 3428 84 -28 84 -42 84 -11. There being no further discussion, Councilman Knight made a motion to approve the ordinance. Seconded by Councilman Chapman. Motion carried. AGENDA ITEM #X - PUBLIC HEARING - FINAL READING - ORDINANCE - REZONING Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINIS- TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM INDUSTRIAL TO CCBD (CENTRAL COMMERCIAL BUSINESS DISTRICT) AND INDUSTRIAL TO COMMERCIAL. Chairman Douglas asked for any comments or objections from the audience concerning the rezoning. There was no response from audience. Clerk Thomas presented to Chairman Douglas a letter from Mrs. Tave Waldron stating that she was not in favor of this rezoning until she discussed this further with Council. (The letter was given to Clerk Thomas by Mrs.?'1aldron's son in law). Councilman Watford asked if this rezoning benefited any certain business in the area of rezoning. Attorney Conlon stated, "The classification was discovered when the new restaurant was under construction." Councilman Watford asked if the rezoning was of any advantage to the restaurant. Administrator Fellows answered Councilman Watford by saying it was of no advantage to them. Attorney Conlon stated the Administrator just recognized it and requested the rezoning. Chairman Douglas asked if there were any further discussions. Councilman Chapman moved to approve the rezoning. The motion was Seconded by Council- man Knight. Motion carried. AGENDA ITEM #XI - INTRODUCTION AND FIRST READING - ORDINANCE - GROUP HOUSING BY SPECIAL EXCEPTION Chairman Douglas introduced the ordinance and read the title only as follows: AN ORDINANCE TO AMEND APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OEKECHOBEE, FLORIDA; AMENDING THE DISTRICT REGULATIONS TO ALLOW GROUP HOUSING BY A SPECIAL EXCEPTION IN RESIDENTIAL GENERAL (RG -1 AND RG -2) DISTRICTS; AMENDING SECTION 22, DEFINITIONS TO PROVIDE A DEFINITION FOR GROUP HOME FACILI- TIES; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for discussion. Citizen Andy Rubin addressed Council as to how many homes there would be in Group Housing. Chairman Douglas asked for any discussion before voting. There being no further discussion Councilman Knight moved to set the ordinance for second and final reading on March 5, 1984. The motion was seconded by Councilman Watford. Motion carried. AGENDA ITEM #XII - MICROFILMING EQUIPMENT - CONTINUATION OF DISCUSSION ON THE BIDS Chairman Douglas noted the next agenda item was the continuation of discussion re- lative to recommendations on the purchase of microfilming equipment for the City Clerk's office. Councilman Thomas moved to accept the bid from the Lanier 3 -M Company in the amount of $10,447.00. Councilman Chapman seconded the motion. Councilman Watford stated that he would like to thank the Council for allowing him 3429 _ 84 -4 84-18 time to research the equipment. Chairman Douglas called for a vote on the motion. Motion carried. Clerk Thomas thanked the Council for their decision and foresight into the impor- tance of the purchase of microfilming equipment for the City. AGENDA ITEM #XIII - INTRODUCTION AND FINAL READING ORDINANCE - $3,212,900 WATER & SEWER B lD Chairman Douglas introduced and read the ordinance by title only as follows: AN ORDINANCE AMENDING ORDINANCE NO. 487 WHICH SAID ORDINANCE AUTHORIZES THE ISSUANCE OF $3,212,900 WORTH OF WATER AND SEWER REVENUE BONDS SERIES 1983; AMENDING SECTION 16, SUB - SECTION 3.04(D) TO PROVIDE FOR EXCEPTION TO DEPOSIT REQUIREMENTS INTO THE RESERVE ACCOUNT OF THE FUND AFTER THE FUND CONTAINS THE AMOUNT EQUAL TO THE MAXIMUM ANNUAL DEBT SERVICE REQUIREMENTS ON THE OUT- STANDING BONDS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked the Administrator or the Clerk to explain the ordinance to Council. Administrator Fellows stated that when the original ordinance was adopted - we neglected to state that once the Reserve Account is fully funded at $335,260.00, the City will no longer be required to make monthly payments of $1,794.00. Councilman Knight noted that on Page 1 the word "passed" needed to be marked out. Chairman Douglas called for a motion. Councilman Knight moved to set the ordinance for Public Hearing and Final Reading on March 5, 1984. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM #XIV - MAYOR TO CALL ON AUDIENCE Chairman Douglas called for anyone in the audience wishing to address the council. There was no response. AGENDA ITEM #XV - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND CITY COUNCILMEMBERS FOR REPORTS AND /OR REQUESTS CITY CLERK - Warrant Registers Clerk Thomas presented the Warrant Registers for Council's approval. CITY ATTORNEY - Chamber of Commerce Building Attorney Conlon reported to council that he had met with the Chamber of Commerce concerning the construction of their new building. He noted there were questions con- cerning the legality of to whom the park belongs. Attorney Conlon stated he feels the Council needs to authorize $200 - $250 for a complete legal research report on the park. After discussion among Council members, Councilman Knight moved to authorize payment for a legal research to be done on the property. Councilman Chapman seconded the motion. Motion carried. Attorney Conlon stated that he had heard some rumors concerning the zoning of the property where the new sewer plant will be, that the city had to request a Special Exception from the County for the zoning to be corrected. He further stated that he had researched this along with Administrator Fellows and the classification'Government Use" is alright for the sewer plant and there's no need for it to be rezoned. ADMINISTRATOR FELLOWS - 2 IDEAS FROM THE FLORIDA J'iOVATION GROUP Administrator Fellows noted that the received a flier from the Florida Renovation Group concerning a city in California who is developing Hydro Electric Power with the use of a flow generator in their water lines which develops power to turn the service and then they sell the excess power to the local Power Company. The Administrator noted that he had written in response to the flier as to how this was accomplished and has already received a letter and he had given it to Director Fortner 'I T 3430 R4 -11 R4 -14 and Engineer Broome to look over and consider the possibility of the City doing the same provess making some money on the side by selling the power to Florida Power & Light. Administrator Fellows stated he had an idea for the Council to think about concerning the City's "154 acres" - the City could get an EDA grant and construct a nutmeg Factory using nutmegs from Granada which would be the City's 1st Industrial Factory and it would also help Granada's economic situation. He asked Council if they would have any objections to his writting a letter concerning this. Council had no objections. Administrator Fellows stated that his secretary had something to bring before the Council. Secretary Rosemary Lear addressed Council and requested that the City be allowed to have a parttime HETA employee at City Hall to be used as a "floater" until June. The employee would not be of any cost to the City - HETA would handle all the payroll. All we would do is just supervise the employee. The employee would be mostly a part time secretary for Fire Chief Tomey. Other than that the employee would answer phones & take messages for any secretary that would be . out of their office (in case of sickness). Council discussed the request. Chairman Douglas asked for decision. It was the decision of the Council that providing there was no cost to the City there would be no objections. DIRECTOR FORTNER - BID AMOUNTS ON STREET LIGHTS Director Fortner presented to council a memorandum stating the amount of 2 bids for new controllers for the signal lights in the middle of town (These controllers control the changing of the lights). Director Fortner stated these old controllers were purchased in the 1960's and they could not be repaired anymore. Councilman Thomas asked how long would it take to get these installed, because the traffic was really being tied up. Director Fortner answered that it would take approximately 2 weeks. Councilman Chapman asked if Director Fortner had this amount in his budget. Director Fortner replied, "Yes ". After discussion concerning how the controllers worked and what causes them to break, Councilman Thomas made a motion to approve the low bid of $3,430.00 to Signal Construction Company. Councilman Chapman asked what fund would the money come frun ?. Director Fortner stated the Road maintenance fund. Councilman Chapman seconded the motion. Motion carried. COUNCILMAN CHAPMAN - APPROVAL OF WARRANT REGISTERS Councilman Chapman moved to approve the Warrant Registers for the General Fund in the amount of $24,475.71, $37,085.82, the Water & Sewer Fund for $52,978.23, $11,007.85. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM #XVI - ADJOURNMENT There being no further business to discuss the meeting adjourned at 9:40 P.M.' ATTEST: Bonnie S. Thomas, CMC City Clerk ward W. Dou•las, D.C. Chairman 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 FEBRUARY 20, 1984 7:00 P.M. 1. Call to Order Invocation - Mayor Edward Douglas Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of February 6, 1984. V. Action on a request of the Industrial Development Authority for water and sewer service to the Airport Industrial Park. VI. Introduction and first reading of an ordinance to provide the Okeechobee Police Department with authority to set speed zones on Sundays in the vicinity of churches and in connection with other special events and setting of a public hearing for March 5, 1984. VII. Public hearing and final reading of an ordinance amending the Okeechobee City Code of Ordinances to provide a new progressive water rate schedule; amending the Code of Ordinances to provide a new sewer rate schedule to be implemented in three phases. VIII. Public hearing and final reading of an ordinance amending the Ordinance Code of the City of Okeechobee to provide conditions for vehicle certification with particular reference to taxicabs. IX. Public hearing and final reading of an ordinance amending the Ordinance Code of the City of Okeechobee; amending Chapter 8, Division 2, Section 8-37 to provide an increase in commercial garbage and trash pickup fees for those businesses and institutions not requiring dumpsters. X. Public hearing and final reading of an ordinance relative to the rezoning of the block where Okeechobee Tractor is located from Industrial to Commercial and the rezoning of Block 161 where the former West Side Tavern was located along with the present location of the Country Cooler at the extreme west end of Flagler Park and the portion of the Mulberger building lying north of the alley - all from Industrial to CCBD. (Recommended by Planning and Zoning Board) XI. Introduction and first reading of an ordinance to amend Appendix A, The Comprehensive Zoning Ordinance of the City of Okeechobee, Florida; amending the District Regula- tions to allow Group Housing by a special exception in RG-1 and RG-2 Districts; amending Section 22, definitions to provide a definition for Group Home Facilities and setting a public hearing for April 2, 1984. (Recommended by Planning and Zoning Board) XII. Continuation of discussion relative to recommendations on the purchase of micro- filming equipment for the City Clerk's Office. XIII. Introduction and first reading of an ordinance amending Ordinance #487, said ordinance authorizing the issuance of $3,212,900 of Revenue Bonds so as to provide no additional deposits are required once the reserve account has been fully funded. XIV. Mayor to call on anyone in the audience wishing to address the Council. Mayor to call on City Clerk, City Attorney, City Administrator and members of the Council for reports and/or requests. XVI. Adjournment.