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1984-07-02 Regular Meeting3497 84 -1 84 -2 84 -23 REGULAR MEETING MONDAY, JULY 2, 1984 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida at 7:00 P.M. Chairman Edward W. Douglas called the meeting to order with the following Council- men present: Edward W. Douglas, Chairman James Knight, Vice - Chairman Dowling R. Watford, Councilman Oscar Thomas, Councilman Oakland Chapman, Councilman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Councilman Knight, followed by the Pledge of Allegiance. AGENDA ITEM #6IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1984 Chairman Douglas called for additions or deletions to the minutes of the June 18th, Regular Meeting. There being no additions or deletions the minutes were approved as pre- sented. AGENDA ITEM #V - MAYOR EDWARD DOUGLAS WITH PRESENTATION TO JOHN EMMONS AND WILLIAM POKUSA ON OCCASION OF THEIR FIVE AND TEN YEARS, RESPECTIVELY, SERVICE WITH THE CITY Chairman Douglas presented John Emmons with a certificate of appreciation for five years service to the City (Police and Fire Dept.), and a certificate of appreciation to William Pokusa for ten years service to the City (Public Works Dept.). AGENDA ITEM #VI - FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE OF THE CITY OF OKEECHOBEE PROVIDING REGULATIONS RELATIVE TO UTILITY DEPOSITS, COMMERCIAL DEPOSIT INCREASES AND PROVIDING FOR REFUND OF DEPOSITS AFTER ONE YEAR SATISFACTORY SERVICE EXPERIENCE Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE I, SECTION 18 -2 TO PROVIDE REGULATIONS RELATIVE TO UTILITY DEPOSITS; AMENDING SECTION 18 -3 PROVIDING CIRCUMSTANCES UNDER WHICH DEPOSITS FOR COMMERCIAL ESTAB- LISHMENTS MAY BE INCREASED AND FURTHER PROVIDING FOR THE REFUND OF DEPOSITS AFTER ONE YEAR SATISFACTORY SERVICE EXPERIENCE; RENUMBER- ING THE PRESENT SECTION 18 -3 AND SECTION 18 -4 TO SECTION 18 -4 AND SECTION 18 -5 RESPECTIVELY; REPEALING SECTION 18 -20, ARTICLE II AND PROVIDING A REVISION OF THE ARTICLE AND RENUMBERING IT TO SECTION 18 -2, ARTICLE I; PROVIDING AN EFFECTIVE DATF and opened the floor for discussion. Councilman Watford asked if the deposits were presently broken down for the different size meters. Director Fortner answered yes. Councilman Watford asked Clerk Thomas if the City presently paid interest now on the existing water deposits. Clerk Thomas answered no. Administrator Fellows noted that this ordinance was new and he would like to have some feedback on it from the Council. Mr. Fellows suggested that the water deposit on the residential one inch meter be $100.00, the 1 - 1 inch meter be $150.00 and the 2 inch meter be $300.00, if Council wished to make that change on the ordinance. Councilman Chapman asked, "At this time, do we pay back interest on the deposits ?" 3498 84 -26 Director Fortner answered, "No ". Attorney Conlon pointed out that there was a small language problem that he would need to work out with the Administrator and also he was wondering if this was going to cause the Clerk's Office any unnecessary or undue problems with the crediting of the water deposits. Clerk Thomas explained that this would be time consuming, research wise, since interest on deposits has never been calculated nor paid to the customer before, but, it could be done. Councilman Watford stated that he felt if the deposits were going to be refunded after a certain time (as stated in the proposed ordinance), the interest should not be changed from 54% interest after the second year. Councilman Watford then stated he did not feel that the deposits should be re- funded after one year of satisfactory service experience. Because, he felt, it would be defeating the purpose of the deposit in the first place. Councilman Chapman stated that he agreed with Councilman Watford. Attorney Conlon asked Clerk Thomas if she knew what the amount of money that has been lost on water bills was. Clerk Thomas explained that research has already been done concerning the total amount of money lost on water bills and it turned out to be 3% per year, approximately. Clerk Thomas further noted that since the new bill passed relieving the landowners from the responsibility of payment for their tenant's unpaid water bill, it might create some additional problems for the City in trying to collect what's due the City. Councilman Chapman asked Director Fortner, "Do you think the raising of the de- posits, not the ones Mr. Fellows' suggested, would you think that would solve the problem ?" Director Fortner answered, "I think it would certainly help, I would like to see some clause in there allowing the City to request an additional deposit if the City felt it was necessary ". Councilman Chapman asked Attorney Conlon if this could be done. Attorney Conlon acknowledged that it could. Councilman Chapman asked if other cities paid interest on their water deposits. Director Fortner answered yes. Councilman Thomas stated he felt the deposits should be refunded, not especially with interest. Post Times News Reporter, Rob Kinneberg, asked Clerk Thomas if in fact the City had been receiving interest on the water deposits but not paying interest. Clerk Thomas answered, "All funds received are put into interest bearing accounts. Interest accumulates on all City accounts ". Mr. Kinneberg asked, "Don't you legally have to pay interest on deposits ?" Clerk Thomas answered, "No, not to my knowledge ". Attorney Conlon suggested that he and the Administrator get together and research the matter. Council agreed. Chairman Douglas stated the ordinance could be set for public hearing on July 16th. Councilman Watford made a motion to set the ordinance for public hearing on July 16th, 1984. Councilman Knight seconded the motion. Motion carried. AGENDA ITEM #VII - FINAL READING AND APPROVAL OF AN ORDINANCE TO PROVIDE FOR THE ESTABLISH- MENT OF FEES AND CREATION OF A SANITARY SEWER SYSTEM TRUST FUND 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 III, SECTION 18 - 48, SUBPARAGRAPH (a) TO PROVIDE FOR THE ESTABLISHMENT OF FEES AND CREATION OF A SANITARY SEWER SYSTEM TRUST FUND; AMENDING SUBPARAGRAPH (c) (1) TO PROVIDE CONN- ECTION AND TAPPAGE FEES WHERE NO STUB -OUTS ARE PROVIDED IN THE SEWER COLLECTION SYSTEM; PROVIDING AN EFFECTIVE DATE. 3499 84 -9 Administrator Fellows stated, "Mr. Mayor, before you call a public hearing can I ask the Council to refer to the second section (Sec.II), you will note there is a (c) (1) Sanitary Sewer connection fees, on page two it gives you the fees that are to be paid where sewer connection stub outs do not exist. Under sub paragraph a and b, we would like the Council to consider inserting subparagraph II which would read like this: Where a sewer connection stub out does exist, a fee of $15.00 to inspect the connection of the plumbing of the stubout must be paid at the same time of making appli- cation for the sewer connection. This would be subparagraph II and in addition to the connection and tappage fee would become sub - paragraph III." Chairman Douglas asked what the Council's feelings were on this insertion. Councilman Watford asked if the charges were new. Director Fortner answered, "No, just the $15.00 fee for the inspection ". Chairman Douglas asked if anyone in the audience had anything to say concerning the ordinance. No response. Discussion ensued concerning the fairness of the amounts to be charged to the different customers (those who have already had to pay full amount to those who will only have to pay the $15.00 inspection fee), fees to be charged by the contractors, the possibility of dividing the total amount of the sewer connection hookup fee into the water bills for 12 months. Clerk Thomas explained to the Council that in order for her to hookup 2 houses to sewer on her property it would cost four thousand dollars, because her homes were lo- cated a certain distance away from the property line. She felt this was a lot of money for someone to come up with. After further discussion Councilman Watford moved to adopt Section I, and amend the ordinance deleting Section II, and renumbering #III to #II. Councilman Thomas se- conded the motion for discussion. Motion carried. , Chairman Douglas asked for a motion for the ordinance to be amended. Councilman Knight made the motion. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM #VIII - PHIL BERGER TO DISCUSS THE NECESSITY OF MOVING AND /OR LEASING OF ALLEYWAYS TO ACCOMMODATE BIO- CHEMICAL ENERGY, INC. MR. MIKE GAYNOR OF BIO- CHEMICAL ACCOMPANIED MR. BERGER Mr. Phil Berger addressed Council and stated that Mr. Mike Gaynor was present to discuss with the Council the necessity of movement and /or leasing of alleyways to accomodate Bio- Chemical Energy, Inc., which was a 94 Million dollar company to be located in the City limits. Mr. Mike Gaynor informed the Council of the company's products (ethanol and some cattle feed products), the plant's structure, management, employment of about 100 people overall, gas taxes, etc. Mr. Gaynor explained, "llth Street gives us a problem in the alleys between 12th and llth and between llth and 10th Street. Also, on 10th Street we would like to see a reduction in right of way. When you give consideration to what the overall facili- ties are that we are building we take up almost all of this property. Also, the roads going in a westerly manner dead end into 12th Avenue and the other side of 12th Avenue is either Hector Feed Minor it will be our facility which will be due west between 11th and 12th Street. So the road to us would not serve a useful purpose and they would in fact, virtually prohibit some of the design and development of our facilities ". Discussion ensued concerning the closing of one block on llth Street, reducing the right of way of 10th Street, move the alleyways in blocks 6 & 7, and the possibility of having an appraisal made on the alleyways and streets and a reverter clause included in the contract. After a lengthy discussion Councilman Thomas made a motion that the City grant the request on the grounds that they do in fact purchase the property in a certain length of time that would be feasible to work upon, that the City grant the closing of these 1T 1 fi Ili T T 3500 84 -28 84 -14 streets with an appraised price with the consideration of a reverter clause in the cci: tract. Councilman Knight seconded the motion. Councilman Watford asked, "Are we saying they are paying for the appraisal ?" Attorney Conlon answered, "Yes. I took it that the motion was, that you were showing the City's intentions were, that if they buy the property the City will enter into a contract to sell him the property on the same basis that we get other (previous), appraisals and there would be a reverter clause. If we agree with the appraisal, we would sell it for that price - and I suppose that goes for the alleys and cross streets that we are talking about. But all they need tonight is what the City's intentions are. We didn't close any streets tonight ". Motion then carried. AGENDA ITEM #IX - DISCUSSION BY THE COUNCIL RELATIVE TO REZONING AND PAVING 4TH AVENUE CONTINGENT UPON THE POSTAL SERVICES' DECISION TO RELOCATE Chairman Douglas introduced the agenda item. Councilman Knight stated that he felt this was a little pre- mature at this time, because Mr. Hamrick did not own the entire block (there were 3 different owners), and the Postal Service was requesting 5 acres and this property was not that large. Attorney Conlon pointed out that the Post Office was just requesting bids at this time and they were not even sure they would purchase this property. Council members discussed the situation briefly and decided not to take any action at this time. AGENDA ITEM #X - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Chairman Douglas asked if anyone in the audience had anything to bring before the Council. There was no response. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND THE COUNCILMEN FOR REPORTS AND /OR REQUESTS Clerk Thomas presented the warrant registers forsCouncil's approval. Clerk Thomas requested the Council's authority to purchase a second hand NCR 90/20 CPU (Computer Processing unit) for $8,000..00 from Orlando. Council members discussed the use of the Computer Processing Unit, the maintenance agreement ($1,000.00 per year), and the purchasing of the unit. Councilman Thomas moved that the Clerk purchase the CPU with the payment spl -it between the Water & Sewer Budget and the Clerk's Budget. Councilman Watford seconded the motion for discussion. Administrator Fellows noted that the Clerk had redeemed $12,500.00 from a Water & Sewer Bond which was unexpected, and some of this money could be used to purchase the CPU. Motion carried. Councilman Chapman moved to approve the warrant registers for the General Fund in the amount of $19,046.86, $74,709.60, the Water & Sewer warrant registers in the amount of $83,136.16 and $16,206.82. Councilman Thomas seconded the motion. Motion carried. Councilman Chapman asked Director Fortner if the situation of S.E. 8th Avenue had been taken care of yet. Director Fortner said they were mowing now and it would be mowed within the next few days. Councilman Chapman asked if the owners of the Northshore Shopping Plaza was going to maintain the fence railing and sod they had planted. Administrator Fellows answered yes. Councilman Chapman advised Director Fortner of the bad hole on the corner of N.E. 5th Avenue by the vegetable market. Councilman Chapman stated that the medians of 441 South were looking some better but there was still a few medians which needed attention. 3501 AGENDA ITEM #XII - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 9:07 P.M. ATTEST: C- onnie S. omas, CMC City Clerk City of Okeechobee .ward W. Dou Chairman City of Okeechobee r ? T AGENDA REGULAR MEETING July 2, 1984 7:00 P.M. I' Call to Order. II. Invocation - Vice Mayor, Jim Knight III' Pledge of Allegiance - Mayor, Edward Douglas IV. Approval of the minutes of the regular meeting of June 18, 1S84 V. VI. Mayor Edward Douglas with presentation to John Emmons and William Pokusa on occasion of their five and ten years, respectively, service with the Citl'. First reading of an ordinance amending the ordinance of the City of Okeechobee providing regulations relative to utility deposits, commercial deposit increases and providing for refund of deposits after one year satisfactory service experience. VII' Final reading and approval of an ordinance to provide for the establishment of fees and creation of a sanitary sewer system trust fund. VIII' Phil Berger to discuss the necessity of movement and/or leasing of alleyways to accommodate Bio-Chemical Energy, Inc. Mr. Mike Gaylor of Bio-Chemical will accompany Mr. Berger. IX. Discussion by the Council relative to rezoning and paving 4th. Ave. contingent upon the Postal Services' decision to relocate. X. Mayor to call on anyone in the audience wishing to address the Council. XI. Mayor to call on City Clerk, City Attorney, City Administrator and the Councilmen for reports and/or request. XII. Adjournment.