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1984-08-20 Regular Meeting3514 84 -1 84 -2 REGULAR MEETING MONDAY, AUGUST 20, 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 James Knight, Vice Chairman Dowling 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 -CII & - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Councilman Watford followed by the pledge of allegiance. AGENDA ITEM / /IV - APPROVAL OF THE MINUTES OF AUGUST 6, 1984 There being no further corrections to the m inutes, other than the corrections made by the Clerk, the minutes were approved as presented. AGENDA ITEM //V - CERTIFICATE OF APPRECIATION TO CROSSING GUARD FOR FIVE YEARS SERVICE TO THE CITY OF OKEECHOBEE Chairman Douglas presented a certificate of appreciation to Donna Lanning for five years service to the City of Okeechobee as a school crossing guard. AGENDA ITEM ;' /VI - APPEARANCES: (a) Henry Kelly, President of the Chamber of Commerce, addressed Council, requesting a fifty year lease on the corner property at U.S. 441 and S.R. 70 at One Dollar per year, in order for the Chamber to add on to its present building or perhaps to build a new 2,000 square foot facility. In discussing the request, Council members stated they did not have any problems with leasing the property to the Chamber, but they did not know if they wanted to lease the property for that length of time (50 years). Attorney Conlon stated that he would like to research the original deeds from Col. R.E. Hamrick before he would give Council any advice as far as leasing the property for an additional building to be erected. Also, the possibility of problems arising because of the library being on the same piece of property needs to be considered legally. Chairman Douglas stated, "We need to know where we stand ". Council discussed the possible joint parking of the Chamber and the Library. Council members agreed that the Attorney could have time to research the legality of the lease. Attorney Conlon said that his research should be completed by the next meeting on Sep- tember 10th. (b) Mosely Collins andTim Blackman (owner of Captain D's) addressed Council requesting the City apply for a permit from the Department of Transportation for a storm drain to be connected into the state drain system on U.S. 441. The City would be allowed to connect into the drain system in the future. Mr. Collins stated that the restaurant has been experiencing a drainage problem with water sometimes standing five to six inches deep in the parking lot. Attorney Conlon asked Mr. Collins and Mr. Blackman if this would cost the City anything. Mr. Collins state it would be of no cost to the City. Mr. Blackman stated that he would sign an agreement stating the same, also they would sign an maintenance agreement stating they would 'r nt I 3515 84 -3 84 -11 reimburse the City for the maintenance. Council asked Director Fortner if he agreed with the storm drain connection. Director Fortner state this storm drain would help remove the water that is presently standing in Captain D's parking lot, and he was agreeable. After further discussion, Councilman Knight moved that contingent upon proper easement of Captain D's, the maintenance agreement reimbursement, and no cost to the City that we grant Captain D's Restaurant approval. Councilman Chapman seconded the motion. Councilman Watford asked, "Does that include the hold harmless clause? Are we going to be setting a pattern that we are going to be forced to follow in the future ?" Councilman CHapman stated that the DOT controls this, they could either approve the re- quest or deny it. Motion carried. AGENDA ITEM #VII - RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT WITH SEABOARD SYSTEM RAILROAD, INC., FOR MAINTENANCE OF SIDEWALKS AT NORTHWEST 6TH STREET AND NORTHWEST 9TH AVENUE Chairman Douglas stated that a motion was needed to authorize the mayor and clerk to execute the resolution. WHEREAS, the City of Okeechobee has constructed sidewalks on Northwest 6th Street and Northwest 9th Avenue across the Seaboard System Railroad tracks, and WHEREAS, the Seaboard System Railroad, Inc. has requested the City execute agreements for the maintenance of these sidewalks, and WHEREAS, the City Council has determined the agreements are in order, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows: Section 1. The Mayor and City Clerk are hereby authorized to sign an agreement with the Seaboard System Railroad, Inc. whereby said Railroad grants unto the City the right and privilege for construction and maintenance of two public pedestrian crossings at grade across said Railroad's right -of- way and trackage at OKEECHOBEE, FLORIDA as particularly described in said agreement, a copy of which is filed with the City Council. Section 2. This resolution shall take effect upon its adoption. Introduced and adopted in regular session assembled this20th day of August , 1984. Councilman Watford made a motion to authorize the mayor and clerk to execute the resolution. Councilman Knight seconded the motion. Motion carried. AGENDA ITEM #VIII - RECEIPT OF BID TABULATIONS - CITY SEWER COLLECTION SYSTEM Chairman Douglas stated the Engineer had completed his research on Taddie Underground Utilities Company, Inc. and M & M Contracting, Inc., ( the lowest bidder on the sewer collection system) and was recommending we accept the low bid depending on Farmer's Home approval. 111 3516 84 -46 Taddie Underground Utility Company, Inc., and M i M Contracting, Inc. (a joint venture) $2,088,480.30 Vicon Construction Corporation 2,675,553.00 Iacobelli Contracting, Inc. 2,689,983.19 Lanzo Construction Company, Florida 2,834,460,70 Godwin, Inc. 3,132,731.00 Rock -A -Way, Inc. 3,527,135.20 Ric -Man International, Inc. 3,592,300.50 D'Annunzio Brothers, Inc. 3,757,079.00 T.A. Forsberg, Inc. 3,795,221.40 Southeast Underground Construction, Inc. 4,179,119.55 C.F.W. Construction Company, Inc. $5,888,125.00 Councilman Watford made a motion to tentatively accept the bid of Taddie Underground Utilities Company, Inc. and M & M Contracting, Inc., ( A joint venture) upon the approval of Farmers Home. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM /IIX - DISCUSSION, BY THE COUNCIL, ON A PROPOSED ORDINANCE AMENDING THE PUBLIC SERVICE TAX TO INCREASE THE LEVY Chairman Douglas stated the Council needed to discuss the proposed ordinance amending the public service tax to increase the levy. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 15, ARTICLE I, SECTION 15 -1 TO PROVIDE FOR A LEVY OF % ON EACH AND EVERY PURCHASE IN THE CITY OF ELECTRICITY, BOTTLED GAS (NATURAL OR MANUFACTURED) AND LOCAL TELEPHONE SERVICE. ALL IN ACCORDANCE WITH FLORIDA STATUTES, CHAPTER 166.231; PROVIDING AN EFFECTIVE DATE. Administrator Fellows stated, "Currently the tax is 6% of the first 75.00 and 1% on the balance. We figure that averages out to about three and two quarters percent overall. An 8% tax would give the City an additional 150,000.00, a 10% tax would return about 225,000.00 additional revenue, over and above what we currently get. Currently we receive about 123,000.00 per year from the pubic service tax." Attorney Conlon asked, "When you say 8% would be 150,000.00, do you mean we would get 123,000.00 plus 150,000.00 ?" Administrator answered that was correct. Councilman Watford asked if the Council had anticipated changing this public service tax in the new fiscal budget. Administrator Fellow answered no. Administrator Fellows stated, "We are suggesting the Council to consider because this year if the budget is adopted as it is, we will just about have used up our reserves. So if the Council wants to develop some type of a reserve they can do it on of two ways, by cutting the items of the budget, or by developing other sources of revenue." Councilman Watford asked what is the current millage certification. Administrator Fellows answered 4.88 the maximum amount. Councilman Watford moved to set the public service tax rate at 10% and set a public hearing on September 10, 1984. Councilman Knight seconded the motion. Motion carried. c tJtf.L 1 3 — — . -- — - 84 -46 AGENDA ITEM #X - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO REMIT TO THE CITY TAX DOLLARS FOR WHICH NO REAL AND SUBSTANTIAL BENEFIT HAS ACCRUED TO THE CITY A RESOLUTION REQUESTING ACTION BY THE OKEECHOBEE B'OARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH CHAPTER 125.01(6) (a) FLORIDA STATUTES. WHEREAS, ARTICLE VIII, Section 1(h) of the 1968 revision of the Constitution of the State of Florida prohibits the taxation of property situated within municipa- lities for services rendered by the County exclusively for the benefit of property or residents in the unincorporated area of the County; and WHEREAS, the Florida Supreme Court has determined the provisions of Article VIII, Section-1(h) are self- executing; and WHEREAS, the Florida Supreme Court has further interpreted the aforesaid constitutional prohibition to extend to those facilities and services which are of no real and substantial benefit to property or residents situated within municipa- lities; and WHEREAS, Section 125.01(6) (a), Florida Statutes, provides procedures for the governing body of a municipality to petition the board of county commissioners for relief from above described conditions; and WHEREAS, Section 125.01(7), Florida Statutes,, requires boards of County Comm - mssioners to expend all county revenues, excepting those obtained specially from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, for countywide services, programs, and projects; and WHEREAS, the City of Okeechobee herein identifies and itemizes services rend- ered by the County, financed by countywide revenues and ad valorem taxes, and which provide no real and substantial benefits to residents and taxpayers of the City of Okeechobee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, as follows: Section 1. That pursuant to Section 125.01(6) (a) Florida Statutes, the foll- owing services are hereby identified to the Board of County Commissioners of Okeechobee ■ County, Florida, as being rendered specially or exclusively for the benefit of prop- erty or residents in the unincorporated areas of the County, and /or as being of no real and substantial benefit to property or residents located within the City of Okeechobee, Florida although financed from county wide revenues. 3518 A. All costs related to County Building Inspections, Zoning Comprehensive Planning and Subdivision Regulations. B. Engineering costs relating to subdivision review and inspection. C. Road patrol and investigations as provided by the Okeechobee County Sheriff's Office including appropri- ate payroll, administrative, operating and capital costs. D. Fire control expenditures not covered by revenues derived from county fire /rescue Municipal Service Taxing Unit (MSTU) including all contracts and contributions for fire services, State Forestry assessment, and capital outlay including costs of land for fire sub - station. E. All above costs of services to include appropriate pay- roll overhead, overhead, supervision, administration, and capital costs; including costs of accounting, purchasing, building maintenance, and personnel, and other similar direct and indirect costs of providing services. Section 2. That the Board of County Commissioners of Okeechobee County, Florida, is hereby petitioned to develop appropriate mechanisms and take appropriate actions_ under the provision of Section 125.01(6) (a), Florida Statutes, to finance the afore- said services, facilities and activities from revenues other than those derived from taxation, assessments or service charges on property or residents within the City of Okeechobee. Section 3. The Board of County Commissioners of Okeechobee County, Florida, is further petitioned to continue to comply with Florida Statute 129.01(2) (b) and to utilize to the extent necessary, Florida Statute 129.021. Section 4. The Board of County Commissioners of Okeechobee County, Florida, is petitioned to return to the City of Okeechobee, the amount of taxes, service charges and /or other revenues paid by residents and taxpayers of the City of Okeechobee as well as all other revenues excepting those revenues obtained specifi- cally from or on behalf of a municipal service taxing unit, special district, unincor- porated area, service area, or program area, as set forth in Florida Statute 125.01(7) to the extent utilized to finance services identified in Section 1 of this Resolution, for Fiscal Year 1984 -85, and for each ensuing Fiscal Year, until such time as alter- nate financing mechanisms have been implemented and "double taxation" conditions have ceased to exist. Section 5. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Board of County Commissioners of Okeechobee County, Florida. Section 6. This Resolution shall take effect immediately upon its adoption. t T -1 1 W 11 3519 - - 84 -54 Chairman Douglas asked for discussion concerning the resolution. Councilman Knight moved that the resolution be adopted. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM / /XI - INTRODUCTION OF AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES TO PROVIDE AN EXTENDED PAY PLAN FOR SEWER SYSTEM CAPACITY CHARGES AND SEWER CONNECTION FEES AND SETTING OF A PUBLIC HEARING FOR SEPTEMBER 10, 1984 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, TO CREATE ARTICLE IV, WHICH SAID ARTICLE SHALL CONTAIN SECTION 18 -49 DEFINING PERSONS DEEMED USERS; SECTION 18 -50 PROVIDING PENALTIES FOR NON- PAYMENT, SECTION 18 -51 AUTHORIZING THE FILING OF LIENS FOR NON- PAYMENT OF BILLS AND PRO- VIDING THE MANNER IN WHICH THE LIEN MAY BE SATISFIED AND RELEASED, SECTION 18 -52 UNAUTHORIZED USE OF THE SEWER SYSTEM, SECTION 18 -53 RENEWAL OF OCCUPATIONAL LICENSE SUBJECT TO ADEQUATE POLLUTION CONTROL FACILITIES, SECTION 18 -54 ON THE DESIGN OF STORM WATER MANAGEMENT, SECTION 18 -55 LEGAL ACTION, SECTION 18 -56 PENALTIES AND COST, SECTION 18 -57 SEVERABILITY, SECTION 18 -58 CONFLICT AND RESERVING SECTION 18 -59; CREATING ARTICLE IV, SECTION 18 -561 TO PROVIDE AN- EXTENDED PAY PLAN FOR WATER AND SEWER CONNECTION FEES AND SYSTEM CAPACITY CHARGES; PROVIDING AN EFFECTIVE DATE. Councilman Chapman made a motion to set the ordinance for public hearing on September 10th, 1984. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM / /XII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Chairman Douglas called on anyone in the audience wishing to address Council. Citizen Andy Rubin addressed Council and suggested the City consider the possibility of a deal being made with the Chamber of Commerce on the property located beside the Brahman Theater. AGENDA ITEM / /XIII - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCIL MEMBERS FOR REPORTS AND /OR REQUESTS Clerk Thomas presented the Warrant Registers for Council's approval. Clerk Thomas also stated she had received a notice from the Census Bureau saying the City's population had gone up to 4,405. which was an increase since 1980 of 180 permanent residents. Councilman Knight asked about the status of the request for the 50 unit housing project. Administrator Fellows stated that Mrs. McFarland had the approval of Farmers Home pro- viding the City had a feasibility study done on the property surrounding the proposed housing pro- ject, therefore the Council asked him to check with the C.F.R.P.C. concerning the study. Mr. Fellows reported that a basic land use study would cost a minimum of $3,000.00, but there was a group in Vero Beach that he could check with the following day, to see what they would charge for this study and he would report back to Council. Mr. Fellows then said that the City did not have the money to have this study at this time unless we used some of the Cash Reserves. Councilman Watford stated that he thought the Council only stated that we would provide the land and the feasbility study, and that we would look into the cost involved. Councilman Chapman stated that we were also going to have to find out the cost of the roads to be made for the housing project. Council discussed the possibility of putting in a by -pass road form 710 around to 70 West. Administrator Fellows stated that he had checked into advertising costs for the City's 150 acres. The cost would be approximately $2,600. for a full page ad in the Wallstreet Journal, etc. He stated that the Council needed to budget three to four thousand dollars for this advertising in the next bduget year if they wished to advertise. Administrator Fellows stated that the sewer service agreement had been drafted by the Finance Department as requested by Council. 1 1 1 111 1 3520 84 -14 Councilman Chapman made a motion to approve the warrant registers in the General Fund in the amount of $8,356.04, $7,210.82, the Water & Sewer Fund $25,044.29, $43,179.17. Councilman Watford seconded the motion. Motion carried. Chairman Douglas stated Budget Workshop Sessions needed to be set. He suggested the next Tuesday and Wednesday nights at 7:00 P.M. (August 28th and 29th). Administrator Fellows suggested the Council take the Public Safety Budget first since it was the largest, Public Works, Street, Clerk's Office, Planning and Zoning Administration, Executive and Legislative last. Council members agreed. AGENDA ITEM / /XIV - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:35 P.M. ATTEST: Bonnie S. homas, CMC City Clerk City of Okeechobee JjA ,mac Edward W. Douglas, D.0 Chairman City of Okeechobee 1 T' i i m T t 1 AGENDA REGULAR MEETING August 20, 1984 7:00 p.m. 1. Call to order. Invocation - Dowling Watford, Jr. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of August 6, 1984 V. Appearances: (a) Henry Kelly, President of the Chamber of Commerce to discuss with the Council the possibility of a lease of city property for the Chamber of Commerce building. (b) MoseleyCollinsor Tim Blackman representing Captain D's, to ask city assistance in making application for a storm drain connection into the state drain system on U.S. 441. VI. Adoption of a resolution authorizing the Mayor and Clerk to execute an agreement with Seaboard System Railroad, Inc. for maintenance of side- walks at Northwest 6th Street and Northwest 9th Avenue. VII. Discussion on a proposed agreement between the city and Okeechobee Beach Water Association for an additional 250,000 gallons of water per day. VIII. Receipt of bid tabulations and recommendations from Broome, Van Ostrand on a tentative award to Taddie Underground Utility Co., Inc. and M & M Contracting, Inc. (A joint venture) for construc- tion of a city sewer collection system. IX. Discussion by the Council on a proposed ordinance amending the ordinance on the public service tax to increase the levy. X. Adoption of a resolution requesting the Board of County Commissioners to remit to the city tax dollars for which no real and substantial benefit has accrued to the city. XI. Introduction of an ordinance amending the city's code of ordinances to provide an extended pay plan for sewer system capacity charges and sewer connection fees and setting of a public hearing for September 10, 1984. 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 members of the Council for reports and/or requests. XIV. Adjournment.