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1984-08-06 Regular Meeting3508 84 -1 84 -42 REGULAR MEETING MONDAY, AUGUST 6, 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 Councilmen present: Edward W. Douglas, Chairman Dowling R. Watford, Councilman Oscar Thomas, Councilman Oakland Chapman, Councilman Councilman Knight was absent Others present were: Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia Jean Wilkerson, Deputy Clerk Clerk Bonnie Thomas was absent. AGENDA ITEMS //II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Director Fortner, followed by the Pledge of Allegiance. AGENDA ITEM # #IV- APPROVAL OF THE MINUTES OF JULY 16, 1984 There being no additions or deletions, the minutes were approved as presented. AGENDA ITEM IIV - APPEARANCES (a) Thelma McFarland on behalf of the Okeechobee Better Housing Organization, a non- profit organization, addressed Council members to discuss the proposed 50 unit housing project for the Okeechobee area and the possible purchase of twelve to fifteen acres of City property. Ms. McFarland stated that she had been looking at a piece of property on Highway 441 to be used for the housing project, but since it was impossible to have sewer connected, she decided to look at the City's property (along with the Administrator), and now she was requesting that the Council allow her to purchase these fifteen acres at Twelve Thousand, Five Hundred Dollars ($12,500.00) per acre. Ms. McFarland continued her report as follows: a. The Farmers Home Administration had approved the City's property for the 50 unit housing project which includes a Day Care Center and a Community Center (which could be used for church). b. The housing project project will be well maintained by a maintenance cor- poration (the buildings and lawns). c. The Farmers Home Administration would like to know what the City intends to use the other property (City's 150 acres) for. d. How the City intends to put the roads leading in to the property. Councilman Watford asked Director Fortner if sewer would be available for this purpose. Director Fortner stated that the sewer lines could go across the bridge for the connection. Councilman Thomas asked Ms. McFarland who would live in these homes. Ms. McFarland said that the homes were for farm laborers. Councilman Watford asked Ms. McFarland if he could see a list of the Board of Directors of the organization she was representing. Ms. McFarland acknowledged his request and stated that her organization was willing to pay the development fee. Councilman Thomas asked the Engineer and Director Fortner'how much would the City have to pay for the necessary roads. Engineer Broome and Director Fortner guessed that it would cost around $70,000.00 per mile to pave a road (with shell and asphalt). Councilman Chapman asked, "In other words, what money we make out of the acreage, we would still be lacking one hundred to two hundred thousand dollars before it is over with, who will pay that ?" Administrator Fellows stated, "It's rry thought, that if Council agrees with the concept, with a letter from F.H.A. stating that they plan to make this type of investment in our area, the ED will assist us in developing this area. We are looking for a letter of some type from the developer or industrialist to encourage them to make some investments in this area. Basically, that is all we are doing. Council will have to agree to the concept so when we make our application we would tell them that the Council has agreed and if assistance was forthcoming from the EDA that they would proceed in a way that the proposal had been made. But if help from the EDA is not forthcoming, the Council is under no obligation to continue ". Councilman Chapman stated that he had spoken with Charles Harvey (County Commissioner) recently concerning the City donating the County approximately 15 -20 acres in exchange for the County to build the roads which gives access to this property for ball fields to be built. Councilmen Thomas and Chapman stated that if the grant was to go through, they v.ould have no problem with granting the request for the housing development. Chairman Douglas stated that the Council would know a little more about the situation after the Engineer:.-figures up the cost for the road, bridge, etc. Councilman Watford stated that he did not necessarily believe that the City should be in the business of promoting development of any sort and that he felt we should decide just what the rest of the land should be used for. Councilman Watford asked if it was necessary for a bridge to be built or was there any other access to the property. Councilman Chapman stated that it would be easier to get to the schools for the bridge /road to be put in. Chairman Douglas asked if it was agreeable with the Council for the Engineer to check on the costs of the necessary requirements. Administrator Fellows stated, "If Council wishes, I could check with the Central Florida Regional Planning Council on the possibility of them doing a very basic feasibility study as to what the rest of the land could best be used for in connection with this type of a housing development ". Council members agreed. Chairman Douglas stated that it was agreeable with the Council for the Engineer to give an estimate on the road & bridge cost, and the Council would try to work out a plan to where the City could afford to comply with the request. (b) AndyRubia. addressed the Council with an update on the Okeechobee Taxpayer's Association and stated that the Taxpayers's Association had held meetings in all sections of Okeechobee except for the Southeast section at this time. Mr. Rubin stated that because of the rain there were a lot of problems with the drainage and he felt the City should have been prepared for the rainy season. Mr. Rubin went on to say that the following streets had problems with the drainage or that they needed to be cleaned at the crossings: N.E. 3rd & 5th, N.E. 6th & 4th, 4th Avenue entirely, N.E. 4th Avenue (pot holes). Mr. Rubin addressed Council concerning the mandatory sewer hookup for the senior citizens and those on fixed incomes. Mr. Rubin suggested that some type of financing should be made available to help these people. He said that the local banks were willing to loan the money to those people who were qualified, if the City would pay the interest. (c) Bill Stratton, of United Feed, addressed Council members concerning a request to consider closing a portion of N.W. 3rd Avenue between 7th and 8th Str eets. Mr. Stratton explained that the United Feed Co -op would like to either purchase the property or lease it from the City in order for his company to build an addition. Council members discussed the request. Councilman Watford asked what portion of the street were they wishing to purchase or lease. Mr. Stratton answered, "The north half ". Councilman Thomas asked if the City could allow them to use the property without having to close the street. Attorney Conlon answered, "We have done that before. But most of those rT I 3510 84 -13 cases have been where a tool shed was on the right of way. The commercial methods so far that we have used, generally, people needed that property for an expansion, for a permanent improvement, and probably our reasons as much as the banks would rather they own the property with no reversion clause ". Further discussion concerned either purchasing the property with a reverter clause included, or a long term lease agreement with the City. Mr. Stratton stated that there were a couple of board members that did not want the reverter clause included in the sale of the property, and if it has to be, they would rather have a long term lease agreement. Councilman Watford stated, "Ihave spoken with one of the directors who was very opposed to the reverter clause. But I would say, on this side (the City), the reverter clause is very much necessary. I feel it should be sold with a reverter clause or leased for our protection in case thirty years down the road there were to be some problem ". After further discussion, Councilman Watford stated, "I move that we sale the north half of the street for the appraised value with the reverter clause, and if it's no longer used in this particular business as a Feed Mill. But if someone wants to talk about leasing this property I will withdraw my motion ". Mr. Stratton again stated they had no particular problem with the lease, but on purchasing the property they did not wish to have the reverter clause included. Councilman Chapman suggested the City lease the property with the same conditions as property that has been leased before. After discussion, all Councilmen agreed that it was best to tell United Feed what our offer would be and let them decide what they wanted to do. Chairman Douglas stated that it was decided by Council members for everyone to get together and work out a lease agreement. Mr. Stratton agreed and thanked the Council for their help. (d) Mr. Foland of the Baron Group and Mr. Chuck Brown of Metropolitan Systerws addressed Council concerning the placing of benches throughout the City. After a lengthy discussion concerning each company's qualifications, Councilman Chapman made a motion that theCity reject the proposals of providing benches from both companys at this time. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM /I VI - ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE TWO AGREEMENTS FOR RAILROAD CROSSINGS IN CONNECTION WITH FORCE MAIN CONSTRUCTION OF THE NEW AREA WIDE WASTEWATER TREATMENT PLANT Chairman Douglas stated that there was a resolution to be adopted which executes two agreements for the railroad crossings in connection with the force main construction. Councilman Watford asked if the resolution was a standard form. Attorney Conlon answered that it was not a standard form. Councilman Watford asked if the resolution was something that we had to have and if it was always requested. Director Fortner explained that the force mains which were needed for the treatment plant had to cross the railroad right -of -way and tracks. Councilman Watford then moved that the resolution be adopted. Councilman Chapman seconded the motion. Motion carried. *For reference - This resolution is /184 -15 which is filed in the City Clerk's Office in the Resolution book. The resolution was not reat into the minutes. AGENDA ITEM /IVII - DISCUSSION BY COUNCIL ON DEVELOPING A RESPONSE TO A LETTER FROM MIKE GAYNOR OF BIO- CHEMICAL ENERGY Chairman Douglasintroduced the agenda item and opened the floor for discussion. Councilman Chapman asked Director. Fortner to respond to the letter written by Mr. Mike Gaynor in reference to the City donating certain street right -of -ways and alleyways. 1 T I I Tr - '' r 3511 3 84 -30 84 -13 Director Fortner stated that they have discussed it several times and that it was the Council's decision on what they did with the right -of -ways, but he felt they needed to consider the amount of traffic there would be on the highway, the water lines that are going to serve the property, etc. Attorney Conlon asked Director Fortner how wide the roads were. Director Fortner stated that there was 22 feet of pavement, but the right of way was 70 feet. Councilman Thomas stated that maybe theCouncil should take this into consideration since drainage had to be considered. After discussion by Council members concerning the widening of the roads, the drainage, and fire protection, etc., Council stated they felt the same as at the previous meeting, (that the City would close the alleyways and streets, that Bio- Chemical Energy would pay for the appraisal, and a reverter clause included in the sale of the property), and that the administrator would notify Mr.Gaynor of the Council's feelings being the same as previously stated. AGENDA ITEM #VIII - ACTION BY THE COUNCIL TO DECLARE A LIST OF PROPERTY BELONGING TO PUBLIC WORKS AS SURPLUS AND AUTHORIZING THE SALE OF SAME TO THE HIGHEST AND BEST BIDDER AT PUBLIC AUCTION Chairman Douglas stated that there was a list of property belonging to the public works department to be declared as surplus and authorization of the sale of same at a public auction was being requested. Councilman Chapman moved that the list be declared surplus and sold at a public auction. Councilman Watford and Thomas seconded the motion. Councilman Watford asked Director Fortner if there were any other departments which had anything to be included in the auction. Director Fortner replied, "None that I am aware of ". Motion carried . Mr. Rubin requested a copy of the surplus items. Chairman Douglas stated that he could obtain a copy from the Clerk's office. AGENDA ITEM it IX - RECEIPT OF BID TABULATIONS AND RECOMMENDATIONS FROM CONSULTING ENGINEER AND ACTION BY THE COUNCIL TO MAKE A TENTATIVE AWARD ON THE CONSTRUCTION OF THE NEW AREA WIDE WASTEWATER TREATMENT PLANT AND SEWER COLLECTION SYSTEM CONTINGENT UPON APPROVAL OF THE F.H.A., E.P.A. AND D.E.R. Chairman Douglas asked Engineer Broome for a report on the bid tabulations and the recommendations for the wastewater treatment plant and sewer collection system. Engineer Broome stated that there were four bids on the Treatment Plant and eleven bids on the Collection System. Engineer Broome recommended that Council approve the low bids on both jobs, pending DER's approval on each. Councilman Chapman asked if a full time inspector would be at the job sites at all times. Engineer Broome stated, "Whenever a contractor is working, an inspector will be on duty ". Councilman Thomas asked Engineer Broome if all of these companys were properly bonded. Engineer Broome said they were. Councilman Watford asked if the City had requested that the companys which receive the bids submit a list of local sub - contractors that they wouldibe willing to use. Engineer Broome stated that they were going to encourage the contractors to use the local contractors as much as possible. Director Fortner stated that the Council's motion would need to be made, 'approved tentatively pending DER's and Farmers Home approval'. After DER's and Farmers Home's approval it would come back before council. Councilman Thomas made a motion to tentatively award the bid to Widell (the low bidder) for the Wastewater Treatment Plan pending DER's & FHA's approval. Councilman Chapman seconded the motion. Motion carried. i m T r 3512 84-54 84 -21 84 -43 AGENDA ITEM #X - DISCUSSION OF A FINANCING PLAN FOR SEWER CONNECTION FEES AND SEWER SYSTEM CHARGES TO BE EFFECTIVE OCTOBER 1, 1984 Chairman Douglas asked Administrator Fellows to begin the discussion. Administrator Fellows stated, "At the staff meeting on Wednesday, as indicated in the status report, we discussed the alternatives to financial arrangement in regards to the sewage connection charges and the sewage capacity charges on the sewer system. We consider, first of all, making some type of arrangements through local banks, we felt that if the people felt they were obligated to a bank, they might be more apt to make their payments than they would be obligated to make them to theCity. However, there would be an interest charge beween 6 and 8 percent and thecity would have to guarantee this interest. We felt therefore, the best way to approach it would be for the City to finance it over a 3 year period, 20.00 per month for 35 months and one final payment of 25.00 which totals 725.00. They would have to make their own arrangements for the connection from their house outlet to the street. We also, would like to have the Council to consider an inducement for those who are capable of paying the total amount up front giving them a 10 percent discount, if they pay within 90 days of being notified that the sewer will be available ". Council members discussed the possibility of customers refusing to pay the monthly sewer fee and the possibility of their water service being discontinued. Administrator Fellows further stated that we could start the billing process and put it on the monthly utility bill. After further discussion, Council members agreed for the administrator to draw up an ordinance stating that the City would finance the charges for a three year term and for those customers who pay their charges within 90 days of notification, the city would charge 10 percent less. AGENDA ITEM # XI - COUNCIL DISCUSSION AND ACTION ON DECLARING CONTRACT WITH SUNCOAST PAINTING, ON THE PAINTING OF THE CITY WATER TOWER, IN DEFAULT AND CALLING ON THE PERFORMANCE BOND OF THE BONDING COMPANY FOR COMPLE- TING THE WORK Chairman Douglas asked Director Fortnerto report to Council concerning the painting of the water tower behind City Hall. Director Fortner stated that Suncoast Painting had been promising, on several different occasions over the past few months, to paint and repair the water tower, but as of this date they had failed to do so. Therefore, Director Fortner was requesting the City in default to call on the performance bond of thebonding company for completing the work. Attorney Conlon suggested a letter be written to Suncoast, and if the situation is not corrected within 15 days we will make our claim on the performance bond. Council members agreed that Director Fortner should get with Attorney Conlon to draft a letter to be sent to Suncoast Painting. AGENDA ITEM # XII - DISCUSSION ON THE DESIRABILITY OF AUTHORIZING THE CITY ADMINISTRATOR TO CHECK INTO ADVERTISING RATES, IN VARIOUS BUSINESS /INDUSTRIAL JOURNALS, FOR PURPOSES OF PROMOTING A PORTION OF THE CITY'S 150 ACRE PARCEL ON THE RAILROAD TRACKS AS AN INDUSTRIAL SITE Chairman Douglas asked if Council wished for the administrator to check into the feasibility test and the advertising costs of the 150 acre parcel on the railroad tracks as an industrial site. Council members discussed the advertising briefly and decided the the administrator should check into the rates to the charged and bring the information back to Council on 8- 20 -84. AGENDA ITEM 11 XIII MAYOR TO CALL ON AUDIENCE Chairman Douglas asked if there was anyone in the audience wishing to address the Council. Andy Rubin addressed Council concerning the different uses of the City's 150 acres and cautioned the Council to be very careful on what they sold the property for. 1 7 T 1 I ir 1 3513 84 -4 84 -14 AGENDA ITEM #XIV - MAYOR TO CALL ON COUNCILMEN, CITY ATTORNEY, CITY ADMINISTRATOR, CITY CLERK FOR REPORTS AND REQUESTS Deputy Clerk Wilkerson presented the warrant registers for Council's approval. Administrator Fellows stated that he had mentioned in the letter of transmittal with the budget, that the Council should be thinking of ways to raise additional revenue. The growth of the ad valorem tax value in the city is not as great as the growth of inflation, and we need to provide services, therefore, we have asked the Council to consider modifications in the public service tax. The ordinance setting public service tax was adopted in 1946, there has not been a change since then. The City could raise an additional $100,000. per year by raising the public service tax to 8% per year instead of 6 %; $200,000. per year by raising it to 10% per year. Mr. Fellows stated that if the Council wished this to be explored further, he would need to draw up an ordinance to be ready at the next meeting. Council members agreed for an ordinance to be drafted for the next meeting for discussion. Councilman Thomas asked Director Fortner if the traffic signals at the main intersection were fixed like they were supposed to be. Director Fortner explained that the City was waiting on theD.O.T. to bring the equipment necessary to fix the signal lights (this would be included in the D.O.T. budget) and it could possibly be a couple of months before they were fixed com- pletely. Councilman Watford stated that the Florida Regional Planning Council was going to meet August 9, 1984 in Orlando and the Regional Planning Council Association will meet August 15, 1984 in Sebring. He requested that a letter be written in response to the Horne Properties Shopping Center's letter giving some of the reasons why the City had chosen not to have sewer served to the County. Administrator Fellows stated that he had drafted a letter and passed it to the members for their approval. Council agreed for the letter to be mailed. Councilman Chapman made a motion to approve the warrant registers in the General Fund in the amount of $14,080.58, $96,815.69, $21,683.61; Water & Sewer $23,571.83, $28,424.73, $27,330.16, $58,907.15, $32,829.91 and I & S $31,568.60. Councilman Thomas seconded the motion. Motion Carried Councilman Chapman stated that he would like to see N. E. 2nd Avenue paved as soon as possible. Council took note of the request. Director Fortner stated that Wendy's Restaurant was going to be built next to Kentucky Fried Chicken and they were going to use more than 1,000 gallons of sewage per day and they must have Council's approval. Council members discussed the amount of sewage capacity available and decided that they would allow Wendy's this amount of sewage, therefore they were able to pull the proper permits when so needed. Attorney Conlon suggested that form letters be used in cases where the City has granted a certain amount of sewage capacity for new establishments, etc. Council members agreed. AGENDA ITEM # XV - ADJOURNEMENT There being no further business to discuss, the meeting was adjourned at 9:35 p.m. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee Edward W,, Douglas, D. C. Chairman City of Okeechobee r m r r 1. IV. V. VI. VII. AGENDA REGULAR MEETING AUGUST 6, 1984 7:00 P. M. Call to Order. Invocation - L. C. Fortner, Jr., Public Works Director Pledge of Allegiance - Mayor, Edward Douglas Approval of the minutes of the regular meeting of July 16, 1984. Appearances: (a) Thelma McFarland, to discuss with the Council a proposed fifty-unit housing project for the Okeechobee area and the possible purchase of twelve to fifteen acres of City property. (b) Andy Rubin, with an update on the Okeechobee Taxpayers Association. (c) Bill Stratton, of United Feed, with a request to the Council to consider closing a portion of Northwest 3rd. Avenue between 7th. and 8th. Streets. (d) Return of Mr. Foland of the Baron Group to discuss the Council's decision relative to placing benches throughout the City. Also, Chuck Brown, of Metropolitan Systems re- questing consideration, by the Council, on the same matter. Adoption of a resolution authorizing the Mayor and Clerk to execute two agreements for railroad crossings in connection with the force main con- struction of the new area wide waste water treatment plant. Discussion by the Council on developing a response to a letter from Mr. Mike Gaylor of Bio-Chemical Energy requesting the Council to consider donating alleyways and rights-of-ways for the proposed construction of an ethanol plant and feed mill in the City of Okeechobee. VIII. Action by the Council to declare a list of property belonging to public works as surplus and authorizing the sale of same to the highest and best bidder at public auction. IX. Receipt of bid tabulations and recommendations from consulting Engineer, Broome, Van Ostran and Associates and action by the Council to make a tentative award on the construction of the new area wide waste water treatment plant and sewer collection system contingent upon approval of the Farmers Home Administration, Environmental Protection Agency and Department of Environmental Regulation. X. Discussion of a financing plan for sewer connection fees and sewer system capacity charges to be effective October 1, 1984. XI. Council discussion and action on declaring contract with Suncoast Painting, on the painting of the City water tower, in back of City Hall, in default and calling on the performance bond of the bonding company for completing the work. AGENDA CITY OF OKEECHOBEE REGULAR MEETING August 6, 1984 page 2 XII. Discussion on the desirability of authorizing the City Administrator to check into advertising rates, in various business /industrial journals, for purposes of promoting a portion of the City's 150 -acre parcel on the railroad tracks as an industrial site. XIII. Mayor to call on anyone in the audience wishing to address the Council. XIV. Mayor to call on the City Clerk, Attorney, City Administrator and members of the Council for reports and /or requests. XV. Adjournment.