1984-09-10 Regular Meeting3530
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REGULAR MEETING MONDAY, SEPTEMBER 10, 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
Cacar Thomas, Councilman
Oakland Chapman, Councilman
Others present:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
David M. Conlon , City At torney
Lydia Jean Wilkerson, Deputy Clerk
AGENDA ITEMS. #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by Chairman Douglas, followed by the Pledge of Allegiance.
AGENDA ITEM / /IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF 8 -20 -84
There being no additions or deletions, the minutes were approved as presented.
AGENDA ITEM #V - APPEARANCES
(a) Allen Markham to discuss, with the council, improvement of N.E. 2nd Street.
Mr. Markham not present at this time.
(b) Lester Solin of Solin & Associates to discuss, with Council, the possible development of
a comprehensive land use plan for the city's 150 -acre parcel.
Mr. Solin not present at this time.
Chairman Douglas stated that at a previous Council meeting, Mr. Kelly, representing the
Chamber of Commerce, requested the City grant a lease of $1.00 per year for 50 years to the
Chamber of Commerce, and Attorney Conlon was requested at that time to research the possibility
of a lease.
Attorney Conlon reported that he did not find anything to stop the City from granting the
request. He then stated, "If Council wanted him to prepare a lease and if in fact find that this
did not serve municipal purpose what we need to look to is the satisfying of a public purpose, rather
than just satisfying what they (the Chamber of Commerce) wanted. If we deem that this would be
a benefit to the public under the constitution, we need to find that granting a lease and having a
chamber building on there would in someway relate to municipal help, moral, to help protect the
welfare of the community. So long as the Chamber is a non - profit organization, so long as it is not
private in nature and would accept a membership from any member of the public, a non - profit public
organization . If you (the Council) deem that this serves the public's purpose protecting and providing
for the welfare of the municipal community, then I think we can enter into this lease."
Mr. Kelly stated the Chamber of Commerce was still requesting a 50 year lease at $1.00 per
year, and they were planning to supply the additional parking as requested earlier by Councilman Knight.
Councilmembers discussed the lease, and decided that they would rather offer the Chamber a
25 to 30 year lease instead of a 50 year lease, and that the Administrator could get with Mr. Kelly
and draft an agreement to be brought back to Council for discussion.
(a) cont'd. Mr. Markham addressed Council stating that he owned a certain portion of land
within the City limits (lot 1 - 6 of Block 150) , and he would like for the City to help him have access
to his property by opening a street at their cost (N.E.2nd Street).
After a lengthy discussion by Council members, Director Fortner, Attorney Conlon and Mr.
Markham concerning the request, Chairman Douglas stated there was a resolution stating that
all improvements such as water, sewer, paving would be at the expense of the owner and /or developer.
Attorney Conlon stated that Mr. Markham could be put �n the paving list and he could check
with Mr. Fortner and Mr. Fellows concerning the time limit on the paving list.
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AGENDA ITEM / /VI - PUBLIC HEARING AND FINAL READING OF AN ORDNIANCE AMENDING
THE CITY'S CODE OF ORDINANCES TO PROVIDE AN EXTENDED PAY PLAN FOR SEWER
SYSTEM CAPACITY CHARGES AND CONNECTION FEES TO BE EFFECTIVE OCTOBER 1, 1984
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, 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.
and asked for audience comments.
.Citizen Andy Rubin addressed Council and stated that the Taxpayer's Association has
been against this sewer connection charge from the beginning. Mr. Rubin made a few more
comments directed towards the passing of the ordinance and then asked the Administrator
for a breakdown of the charges.
Administrator Fellows gave Mr. Rubin the breakdown of the sewer charges as follows:
$20.00 times 36 months, the final payment being ,$25.00,. and fee those who pay the cotnection
fees and the capacity charges in full early, would be given a 10% discount. (The total fee: $725.00,
$325.00 connection fee, $400.00 system capacity charge).
Councilman Watford asked several questions concerning the ordinance such as the time
limit on the payment plan, attorney fees, possible legal actions to the Administrator.
Councilman Thomas asked the Engineer if there was any other possible way to handle
the payments of the connection fees and system capacity charges. Engineer Broome said that
he did not know of any other way.
After discussion by members of the audience and Council, Councilman Watford stated,
"I move that we amend Section 18 -51 ¶ c to add the words after including lawful interest thereon,
add the words reasonable attorney fees, court costs, court reporter fees and other reasonable
expenses of litigation, including the cost of appeals. Also on Section 18 -56 (a) after recovery of
resonable attorney fees add the words and including appeals." (Attorney Conlon stated that he
would check over the ordinance for the language.) Councilman Knight seconded the motion.
Motion carried to amend the ordinance.
Councilman Knight then made a motion to pass the ordinance. Councilman Watford
seconded the motion. Motion carried.
AGENDA ITEM # VII - ACTION BY THE COUNCIL TO NAME A MEMBER TO THE CODE
ENFORCEMENT BOARD TO FILL THE UNEXPIRED TERM OF CECILIA MILLER TO 4 -30 -84
Councilman Watford asked Chairman Douglas if this member had been contacted about
her lack of attendance. Administrator Fellows answered, "She was contacted by letter with no
response ".
Chairman Douglas asked for Council's recommendatidn for this board. Councilman Chap-
man moved to appoint Thomas W. Hoover in the place of Cecilia Miller to complete the term to
April 30, 1984. Councilman Thomas seconded the motion. Motion carried.
AGENDA ITEM / /VIII - COUNCIL ACTION TO AUTHORIZE THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE EPA ACCEPTING AN ADDITIONAL GRANT OF $430,000 FOR CON-
STRUCTION OF THE CITY'S PROPOSED NEW WASTE WATER TREATMENT PLANT
Chairman Douglas introduced the agenda item and asked for Council's authorization
to execute the agreement. Councilman Chapman moved to grant the authorization. Councilman
Knight seconded the motion. Motion carried.
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AGENDA ITEM #IX- ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE ON BOND
ANTICIPATION NOTES IN THE AMOUNT OF $2,212,900 FOR PARTIAL FINANCING OF THE
CITY'S 201 WASTE WATER PROJECT AND AUTHORIZING EXECUTION OF PURCHASE AGREE-
MENT FOR THE BOND ANTICIPATION NOTES WITH SOUTHEASTERN MUNICIPAL BONDS
Chairman Douglas read the resolution by title only as follows:
A RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT
EXCEEDING $2,212,900 WATER AND SEWER REVENUE BOND
ANTICIPATION NOTES, SERIES 1983, OF THE CITY OF
OKEECHOBEE, FLORIDA, IN ANTICIPATION OF THE RECEIPT
BY THE CITY OF THE PROCEEDS FROM THE SALE OF NOT
EXCEEDING $2,212,900 WATER AND SEWER REVENUE BONDS,
SERIES 1983; AWARDING THE NOTES; FIXING THE INTEREST
RATES; AUTHORIZING USE OF A PRELIMINARY OFFICIAL
STATEMENT AND USE AND EXECUTION OF AN OFFICIAL
STATEMENT IN CONNECTION WITH DISTRIBUTION OF SUCH
NOTES AND OTHER ACTIONS IN CONNECTION WITH THE
ISSUANCE AND DELIVERY OF SUCH NOTES; DESIGNATING THE
PAYING AGENT AND REGISTRAR IN CONNECTION WITH THE
NOTES; AND PROVIDING AN EFFECTIVE DATE.
At this time, Mr. Bill Weathers of Southeastern Municipal Bonds addressed Council and stated,
"As you know, you have received approval of a grant the total One Million, Three Hundred Thousand
then you received a grant from Farmers Home for One Million. Farmers Home has approved two
loans to the City totaling Two Million, Two Hundred Twelve Thousand, Nine Hundred Dollars. The
Farmers Home Administration requires that prior to any use of their grant monies or loan monies,
that you borrow the money to build the system, or that portion of the system, and then Farmers
Home closes that loan. There are certain advantages to the City to do it this way:
1. You will receive on anticipation note, a very favorable interest rate, lower
than your rate at Farmers Home.
2. Other than those funds that you will need for issuance cost, those funds can
be invested at a very high rate until you need a construction draw.
Starting at the second paragraph of the purchase agreement, Southeastern Municipal Bonds (SMB),
the purchaser, agrees to purchase and the City agrees to sell $2,212,900 City of Okeechobee Water
& Sewer Revenue Bond Anticipation Notes. Such notes are being issued in anticipation of and secured
by the proceeds of a bond issuant to be purchased by the Farmers Home Administration (FmHA), for
the principal amount of $2,212,900 Bond Anticipation Notes to be dated October 1, 1984, the purchaser
agrees to pay the City of Okeechobee, Florida a price of $2,185,238.75 representing 98.75% of par for
notes bearing a coupon rate of 7% per annum, plus accrued interest from today's date to date of
closing. Principle and interest will be due on October 1, 1985 (the maturity date). Such notes shall
not be redeemable prior to maturity on October 1, 1985. All costs in connection with the issuance
of the notes including fees for Bond Counsel, Attorney for the City, printing and any other costs
incurred in the validation, registration or delivery of the notes will be paid by the City. The cost
of the preparation of the official statement will be paid by the purchaser. The firm of Livermore
Klein & Lott, P.A. of Jacksonville, Florida will prepare a note resolution authorizing the notes.
The City's attorney, Mr. David Conlon, will provide aqualified legal opinion at the closing stating
that there is no pending litigation which could adversely effect the security or legality of the notes.
The notes will be secured by a letter of committment satisfactory to the purchaser from FmHA,
to purchase an issue of $2,212,900 City of Okeechobee, Florida, Water & Sewer Revenue Bonds at
a price of par on or before October 1, 1985, the date these notes become due. The City of Okee-
chobee will pay interest on the notes up to October 1, 1985. The closing date October 16, 1984.
The agreement is prepared for immediate acceptance this 10th day of September, 1984. In summary,
what we are really saying is that we would like to buy your notes. By the time you pay our discount
and interest you are paying an interest rate of 8.25 %."
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Councilman Watford asked Mr. Weathers if he anticipated any other loans, grants, etc.?
Mr. Weathers answered, "To the best of knowledge the answer is no. Both EPA and FmHA
do not require that you get any interim financing for the grant portion."
Mr. Andy Rubin questioned Mr. Weathers' fee of $27,000.00 and the closing arrangements.
Mr. Weathers recommended that the City Clerk be named registrar and paying agent, which
would save the City $2,500. - $3,000 for this one move.
Attorney Conlon stated, "I have looked over the resolution, and I feel it is in order. There
are 3 things that we need to do: 1. Adopt the resolution. 2. Authorize the mayor to sign this agree-
ment and 3. Appoint the City Clerk as Mr. Weathers suggested, as the payee and registrar."
Chairman Douglas asked for a motion.
Councilman Knight moved to Adopt the resolution, Authorize the mayor to execute the docu-
ment, and appoint the City Clerk as paying agent & registrar. Councilman Watford seconded the
motion. Motion carried.
Mr. Weathers stated there was a state law saying that he must give the City a disclosure
statement (F.S. 218.385).
AGENDA ITEM #X - DISCUSSION AND ACTION ON PROPOSED CONTRACT BETWEEN THE CITY
AND OKEECHOBEE BEACH WATER ASSOCIATION FOR AN 'ADDITIONAL 250,000 GALLONS OF
WATER PER DAY
Administrator Fellows stated, "At the City Council's request, Mr. Fortner, Mr. Figley, and I
met on four occasions with Mr. Broome and Mr. Weaver and one other gentlemen from Okeechobee
Beachwater Association (OBA) and developed what we felt was a fair and equitable amendment to
the present contract. OBA has requested an additional amount of water, 250,000 gallons per day,
over the 500,000 gallons as called for in the original contract and with the ,exception of a couple
of items, the contract document is identical to the one that is presently in force. The only exception
being used and calculating depreciations and added system capacity charge 1.00 per gallon for all
water used in excess of 500,000 gallons per day and that they change in the anount of the renneration
coming to the City after the OBA pays for the actual cost to produce the water. The City will re-
ceive 15% above the actual cost to produce the water. The previous contract calls for a nickel a
thousand gallons. So we have substantially improved that. The present agreement expires in 1987."
Mr. Weaver representing OBA stated that the agreement was satisfactory with him for the
10 year. contract.
After further discusion by Council members, Director Fortner & Engineer Broome, Councilman
Watford made a motion to adopt the agreement for the OBA as drafted by the staff and OBA, to in-
clude the 10 year contract. Councilman Chapman seconded the motion. Chairman Douglas asked
for further discussion. Councilman Watford stated the Attorney suggested this be a conceptual agree-
ment depending on our final determination when we receive the actual contract. Chairman Douglas
asked if this was agreeable with Councilman Chapman. Councilman Chapman agreed. Motion carried.
AGENDA ITEM #XI - INTRODUCTION OF AN ORDINANCE SETTING A TENTATIVE BUDGET AND
PROPOSED MILLAGE FOR THE CITY FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND HOLDING
OF A PUBLIC HEARING ON SAME
Chairman Douglas read the ordinance in its entirety as follows:
AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE,
FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING
SEPTEMBER 30, 1985; PROVIDING FOR THE LEVY OF AD VALOREM TAXES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows:
SECTION 1: The City Council of the City of Okeechobee, Florida, after having held
a public hearing on the annual budget, including General Fund, Utility Fund, Debt
Service and Construction Fund, hereby adopts as its annual budget the expenditures,
as fully set forth below, for the City of Okeechobee for the fiscal year beginning
October 1, 1984 and ending September 30, 1985.
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GENERAL FUND
General Government
Police
Fire
Animal Control
Sanitation
Street Division, Dept. of Public Works
Maintenance Department
Parks /Environment
UTILITY FUND
Water /Sewer Division /Dept. of Public Works
TOTAL OPERATING BUDGETS
DEBT SERVICE
General Obligation Bonds
1972 Water Bonds
1983 Sewer Bond Series A
1982 Note - Fire Engine
1983 Note - Building Addition
TOTAL DEBT SERVICE
$ 336,143
542,665
259,292
19,425
198,100
378,361
26,375
15,000
1,775,361
$11106,708
$2,882,069'
$ 41,788
23,700
115,000
12,100
23,990
$ . 216, 568
TOTAL OPERATING & DEBT SERVICE $3,098)637
CONSTRUCTION FUND
Revenues
201 Sewer Project Expenditures
$5,626,595
51626,595
SECTION 2; The City Council of the City of Okeechobee, Florida hereby levies a tax
of $4.401 per thousand dollar valuation on all real and personal_ property within
the corporate limits of said City, provided however, that; 4.251. shall not''be
levied upon property in the City of Okeechobee claimed and allowed as homestead
in the general laws of the State of Florida.
SECTION 3: That of the total $4.401 per thousand dollar valuation as designated
in Section 2, hereof, $4.251 per thousand dollar valuation shall be used for
general City purposes in carrying on and conducting the government of said City
and $.150 per thousand dollar valuation including homestead shall be used to pay
interest and principal on general obligation bonds maturing during said fiscal
year, such levy to be collected in cash and such cash so collected to be.kept
in separate accounts for.the purposes designated herein.
SECTION 4: That this ordinance was proposed, considered and adopted under the
provisions of Chapter 166 and 200.065 Florida Statutes.
SECTION 5: This ordinance shall be effective upon its adoption.
Chairman Douglas stated, "Tonight this is for public hearing, it will be
•
set for the second and final
public hearing on September 17th."
Councilman Chapman asked the Administrator to explain why he cut the $6,000.00 from the
Fire Department for phones. Administrator Fellows stated, "I'm not sure just how many there are,
but years ago before the City had the capability of dispatching their volunteers by beeper- radios
they had telephones in their homes that when you picked up a phone in the Fire Department it would
automatically ring all of those phones at the volunteer's homes. Some of those phones, I understand
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are still in existance and they are no longer needed. I forgot about that, (therefore it was not
taken out of the budget $6,000.00)."
Fire Chief Tomey stated, "I was unaware that they were not needed. He (the Administrator)
asked me .if they could be cut out - anything can be cut out of the budget if you have to. The only
reason the telephones were left was because if the power goes off the pager system is no good until
we get the power back on or the generators."
The money for the ring down phones remained left out of the budget.
Councilman Watford stated he felt comfortable with the budget as it stands now.
Chairman Douglas asked for any comments from the public.
Citizen Ben Dixon asked what the millage figures were for last year. Clerk Thomas
answered, "4,488 (4.388 G.F. and .50 D.S. = 4.488).
Administrator Fellows stated, "During the workshop when we certified the millage to the
property appraiser, the City certified the highest allowed millage, 4.889 mils. The reason for doing
this was if we certified anything lower than that and found that we needed more money we could
not tonight,up that millage rate. So at this time the proposedmi 1 ls that Mr. Dixon has, anticipates
the City would levy a property tax of 4.889mi1Is and not the millage that was read in the budget
adoption. This is open for discussion as to whether or not the City wants to levy the amount that
is legally available which is 4.889 which was certified, or if we want to reduce that down to the
roll back millage which is 4.251."
After discussion from members of the audience, Councilman Watford made a motion to
amend the ordinance to read 4.889 instead of 4.251, and 5.039 instead of 4.401. Councilman Knight
seconded the motion. M otion carried.
Chairman Douglas read the ordinance in its entirety with the amendments into the minutes
as follows:
AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE,
FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING
SEPTEMBER 30, 1985; PROVIDING FOR THE LEVY OF AD VALOREM TAXES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows:
SECTION 1: The City Council of the City of Okeechobee, Florida, after having held
a public hearing on the annual budget, including General Fund, Utility Fund, Debt
Service and Construction Fund, hereby adopts as its annual budget the expenditures,
as fully set forth below, for the City of Okeechobee for the fiscal year beginning
October 1, 1984 and ending September 30, 1985.
GENERAL FUND
General Government $ 336,143
Police 542,665
Fire 259,292
Animal Control 19,425
Sanitation 198,100
Street Division, Dept. of Public Works 378,361
Maintenance Department 26,375
Parks /Environment 15,000
1,775,361
UTILITY FUND
Water /Sewer Division /Dept. of Public Works $1,106,708
TOTAL OPERATING BUDGETS $2,882,069'
DEBT SERVICE
General Obligation Bonds $ 41,788
1972 Water Bonds 23,700
1983 Sewer Bond Series A 115,000
1982 Note - Fire Engine 12,100
1983 Note - Building Addition 23,990
TOTAL DEBT SERVICE $' 216,568
TOTAL OPERATING & DEBT SERVICE $3,098,637
CONSTRUCTION FUND
Revenues
201 Sewer Project Expenditures
$5,626,595
5,626,595
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SECTION 2; The City Council of the City of Okeechobee, Florida hereby levies a tax
of $5.039 per thousand dollar valuation on all real and personal property within
the corporate limits of said City, provided however, that $4.889 shall not' be
levied upon property in the City of Okeechobee claimed and allowed as homestead
in the general laws of the State of Florida.
SECTION 3: That of the total $5.039 per thousand dollar valuation as designated
in Section 2, hereof, $4.889 . par thousand dollar valuation shall be used for
general City purposes in carrying on and conducting the government of said City
and S.150 per thousand dollar valuation including homestead shall be use% to pay
interest and principal on general obligation bonds maturing during said fiscal
year, such levy to be collected in cash and such cash so collected to be kept
La separate accounts for the purposes designated herein.
SECTION 4: That this ordinance was proposed, considered and adopted under the
provisions of Chapter 166 and 200.065 Florida Statutes.
SECTION 5: This ordinance shall be effective upon its adoption.
Chairman Douglas stated this ordinance could be set for second and final public hearing on
September 17, 1984 and opened the floor for Council's decision as to whether or not they wished
to pass the amended ordinance and set it for second and final public hearing.
Chairman Douglas stated for those in the audience ,that the proposed amended budget as
read does exceed the roll back rate by 15% and this is done so that in the final hearing next week
if it is the desire of the Council and the public that can be decreased but not increased.
Chairman Douglas told the Council that a motion was needed to adopt the tentative budget.
Councilman Knight so moved. Councilman Watford seconded the motion. Motion carried.
Mr. Frank Altobello, Andy Rubin and Richard Hales addressed Council concerning the adoption
the tentative budget, the City's 150 acres and the possibility of the utility tax increase.
Chairman Douglas told Council action needed to be taken adopting the proposed millage
rate. at 4.889. Councilman Thomas so moved. Councilman Knight seconded the motion. Motion
carried.
Chairman Douglas stated the last action which was needed was for the public hearing to be
set for September 17, 1984. Councilman Knight moved to set the public hearing on 9- 17 -84, Council-
man Chapman seconded the motion. Motion carried.
AGENDA ITEM #XII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING
THE ORDINANCE AUTHORIZING THE PUBLIC SERVICE TAX
Chairman Douglas asked if he could say what he felt about the public service tax at this time.
Council agreed. Chairman Douglas stated, "As a businessman here in the community, it seems that
the ad valorem tax and almost all of the taxes that come along seems to hit the small businessman
in the community the hardest. We have residents in the community that does not pay any taxes and
others that pay less than $50.00 per year. We were discussing the possibilities of increasing the
public service tax so that it would equalize somewhat the tax burden to every individual that was
residing within the City limits. Which would take a little bit of the burden off of those who are
taxed quite a bit every year. So with this, we will open the floor for questions,"
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.
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Administrator Fellows stated, "The ordinance was adopted in 1945 and levied the 10% tax
on the first 25.00 purchase telephone, local telephone, electricity, and gas. Levies of 5% tax
on the next 50.00 and 1% after 75.00. That currently produces $123,000.00 revenue for the City.
We estimated that a 10% tax on the first 250.00 with 1% thereafter, would raise 25,000.00 more
than that 123,000. We have contacted the utilities(FPL, United Telephone) to see what other
cities are charging. We surveyed 15 communities, 12 of the 15 were levying 10% across the board."
Mr. Andy Rubin stated that the Taxpayer's Association was entirely against this tax increase,
just for the City to have a cushion. If the money was going to be used for paving, etc., they might
would go along with that. But they (the Taxpayer's Association) felt that the City could sell the
154 acres now owned by the City and have that money for their cushion, and not have to increase
the public service tax.
A lengthy discussion was field. by several different members of the audience expressing their
opposition to the tax increase.
Councilman Chapman asked the Administrator for the amount of cash reserves. Administrator
Fellows answered, "We will end up the year with a surplus of about $55,000." Councilman Chapman
stated that he was told, in 'ail earlier meeting, that the cash reserves was $160,000. Administrator
Fellows stated that we did but the budget was going to take almost all of that (balance $55,000.)
at year's end.
After further citizen input, Chairman Douglas asked for Council's discussion.
Councilman Chapman made a motion to deny any increase in the public service tax. Councilman
Thomas seconded the motion. Chairman Douglas asked for any further discussion. Councilman
Watford stated, "I would like to say a couple of things: 1. We are going to be in a very serious
situation if we don't do something right now. There has been a lot of good ideas proposed. I
think what we really need to look at is there are a lot of business people here in the audience and
I would dare say that there is not a one sitting there that is providing the service or selling any-
thing at the same price as in 1945. I think it is unfortunate that many times in something like this -
we have the same situation with our water rates. We will go and go and ride them just as long as
we can until we get to the point to where we are past doing something then we raise them and it
is a big increase. I think we have talked about this before and we have had people tell us if you
would raise the rates just a little bit along it wouldn't be sobad or hurt so bad. But we have let
this one ride since 1945 and we are way behind on it. I think if you could see the list of cities
that almost 90% of them are 10 %. We are extremely low. Perhaps we need to change this in
some way. I'm not saying that it needs to be 10 %, but I firmly believe that it is way out of line.
We do need to change it in some way."
After further discussion by Council members, Councilman Thomas called Question.
Chairman Douglas called for a vote on the motion.
Councilmen Chapman and Thomas voted no. Councilmen Watford and Knight voted yes.
Chairman Douglas voted against the motion.
Chairman Douglas opened the floor for discussion. Councilman Watford moved to increase
the public service tax to 10% for the first $150.00 and 1% for everything over $150.00. Councilman
Watford withdrew his first motion and made a new motion to go with a 10% increase for the first
$100.00 and 1% for everything over $100.00. Councilman Knight seconded the motion. Councilman
Thomas called Question. Chairman Douglas called for a vote. ,Councilmen Watford and Knight voted
yes. Councilmen Chapman and Thomas voted no. Chairman Douglas voted yes. Motion carried.
AGENDA ITEM / /XIII - DISCUSSION BY THE COUNCIL ON A PROPOSAL FROM THE BOARD
OF COUNTY COMMISSIONERS RELATIVE TO CHANGING THE METHOD OF DISTRIBUTION OF
THE LOCAL OPTION FOUR CENT GAS TAX
Chairman Douglas introduced the agenda item and stated that the County Commissioners
vere saying that they would like to hold off on this four cent gas tax for another year and they
were wanting to hear how the Council felt about this.
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Attorney Conlon stated that he felt the County entered into this agreement and at this time
he was researching the situation to see how much authority the City had in holding the County to
the agreement and he would let Council know when his researching was finished.
Administrator Fellows stated that Commissioner Harvey and Kyle VanLandingham, County
Attorney, would like to have the City's consensus of what they were willing to do. The County
wants to do something next year, and if the City has a counter proposal give it to them.
Councilmembers discussed the situation and decided that the City ask the County to stay
with the present agreement.
AGENDA ITEM #XIV - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE RELATING TO FIRE PROTECTION;
TO PROVIDE FOR THEINSTALLATION OF FIRE HYDRANTS, BY THE DEPARTMENT OF PUBLIC
WORKS, AND MAINTENANCE OF SAME BY THE CITY FIRE DEPARTMENT
Chairman Douglas read the ordinance by title only as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER 7, ARTICLE 1, TO ADD SECTION 7 -2, SUB-
PARAGRAPH 1, PROVIDING THE WATER AND SEWER1DIVISION OF THE DEPART-
MENT OF PUBLIC WORKS SHALL FURNISH FIRE HYDRANTS TO BE FED FROM
ITS WATER SYSTEM, AS REQUIRED, WITHIN THE CITY FIRE DISTRICT BY
THE CITY FIRE DEPARTMENT; PROVIDING AN EFFECTIVE DATE.
and asked for discussion.
There being no discussion, Councilman Chapman moved to set the ordinance for public hearing
on October 1, 1984. Councilman Watford seconded the motion. Motion carried.
AGENDA ITEM #XV - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE
ORDINANCE CODE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 18 WATER AND WASTE
WATER TO PROVIDE THE WATER AND SEWER DIVISION OF THE DEPARTMENT OF PUBLIC WORKS
WILL PURCHASE AND INSTALL ALL FIRE HYDRANTS DEEMED NECESSARY AND DESIRABLE,
BY THE CITY 'COUNCIL; PROVIDING FOR INSTALLATION OF FIRE HYDRANTS OUTSIDE THE CITY
FIRE DISTRICT; WITH THE COST THEREOF TO BE PAID BY THE DEVELOPER OR LOCAL GOVERN-
MENT JURISDICTION; PROVIDING FOR FIRE HYDRANT MAINTENANCE FEES OUTSIDE THE FIRE
DISTRICT AND SETTING A PUBLIC HEARING FOR MONDAY, SEPTEMBER 17, 1984
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 II, SO AS TO CREATE SECTION
18- 26(a), PROVIDING FOR FIRE HYDRANTS WITHIN AND WITHOUT THE FIRE
DISTRICT; PROVIDING FOR MAINTENANCE; PROVIDING CHARGES OUTSIDE THE
CITY FIRE DISTRICT; PROVIDING AN EFFECTIVE DATE.
Councilman Thomas moved to set the ordinance for public hearing on October 1, 1984. Councilman
Chapman seconded the motion. Motion Carried.
AGENDA ITEM #XVI - INTRODUCTION AND FIRST READING OF AN ORDINANCE PROPOSING TO
REZONE BLOCK 6 AND BLOCK 7, NORTHWEST ADDITION FROM HOLDING TO INDUSTRIAL.
(PLANNING AND ZONING RECOMMENDS APPROVAL)
Chairman Douglas introduced the agenda item and asked for Council's discussion. The rezoning
would be for the Ethonol Plant. 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 ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF
SPECIFIED LAND FROM HOLDING TO INDUSTRIAL..
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84 -14
Councilman Thomas moved to uphold the recommendation of the Planning 6c Zoning Board and
to set the rezoning for public hearing on October 15, 1984. Councilman Chapman seconded the
motion. Motion carried.
AGENDA ITEM / /XVII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS
THE COUNCIL
No one addressed Council.
AGENDA ITEM #XVIII - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRA-
TOR AND COUNCIL MEMBERS FOR REPORTS AND /OR REQUESTS
Clerk Thomas presented the Warrant Registers for Council's approval.
Director Fortner stated that the last time Council discussed the contract on the water tower
with Sun Coast Painting, it was Council's decision to give the Company 1.5 days to complete the
work or call on his performance bond. Director Fortner also stated that Sun Coast Painting has
been in touch with him and stated that he would release the City on all charges on the bid if the
City would release him and not call on his performance bond. Also, is his letter t3 us, he indicated
that the City purchased the paint that he has ordered. M'r. Fortner recommended the City get out.
Council members discussed the situation, the cost of the paint, etc., and decided for the City
to purchase the paint and get out of the contract with Sun Coast Painting.
Administrator Fellows brought up for discussion the lease for United Feed for 28 years at
$1.00 per year. Councilman Watford stated that he thought the lease was going to be at a commer-
cial rate or fair market rate. Council decided to have the Administrator get an appraisal for the
property and present it to the Council and continue the request for the lease from that point.
Christmas Decorations - Administrator Fellows stated that Chief Mobley had told him that
if the City would purchase the decorations ($5,000.00) that he would see that they were put up, but
that he felt .the City would still have to pay for storage, upkeep, etc., when we could contract the
Christmas lighting out. Mr. Fellows presented to Council a proposal from a company out of Fort
Pierce who would handle the Christmas lighting completely for $5,000.00 per year, with a four
year contract.
Councilmembers discussed the contract proposal. Councilman Knight moved that the City
go with the contract for $5,000.00 per year. Motion died for lack of a second.
After further discussion by Council members, Councilman Knight made another motion to
go with the contract for the Christmas lighting for $5,000.00 per year. Councilman Chapman
seconded the motion. Chairman Douglas asked for any further discussion. Council members
discussed the motion further. Councilman Knight called Question. Chairman Douglas asked for
a vote on the motion. Councilmen Knight, Chapman & Thomas voted Yes. Councilman Watford
voted no. Chairman Douglas voted yes. Motion carried.
The. Administrator asked the Council about carpeting the stairway and painting the stairs.
The cost would be about $400.00. Councilmembers said that would be nice but where would the
money come from. Director Fortner said that he would pay for the carpeting and painting from
the Water & Sewer Budget.
Councilman Chapman moved to allow Director Fortner to spend $400.00 from the Water &
Sewer Budget for the carpeting and the paint. Councilman Knight seconded the motion. Motion
carried.
Councilman Chapman made a motion to approve the Warrant Registers for the Water &
Sewer Budget in the amount of $26,804.76 and $15,678.07. The General Fund for $131,803.94 and
$18,733.28. Councilman Thomas seconded the motion. Motion carried.
Councilman Chapman (RE: Employee Health Insurance Benefit) stated that in the last budget
workshop session, ne voted for Alternate 1 instead of Alternate 2 by mistake„ and at this time, he
wanted to change his vote. Councilman Chapman then moved for the City to goowith Alternate
2 where the City pays for the employees insurance and pays $18.23 towards the family coverage.
Councilman Thomas seconded the motion for discussion. Councilman Watford stated that
he agreed with leaving the insurance as it is with Alternative 1. Chairman Douglas called for
a vote on the motion.
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84 -21
Councilmen Chapman and Thomas voted Yes. Councilmen Watford and Knight voted No.
Chairman Douglas voted Yes. Therefore, the motion carried for the City to go with Alternate 2
wherein the City pays the employees' insurance and $18.23 towards the family coverage.
Councilman Watford thanked the Mayor for joining the committee for the Kissimmee River
Task Force, representing the City.
Councilman Watford like to request making it in the form of a motion that the City support
the league and request our representatives to support House Bill HR 4103 Dealing with Cable T.V.
Franchises. He stated he felt the FCC was trying to completely regulate them and that would be
infringing on the City's rights. Councilman Chapman seconded the motion. Motion carried.
Director Fortner stated that the Contractor for the Water Plant listed the paint costing $1600.
for the inside of the tank and $5, 000 for the coating outside the tank (one coat already on outside of
the tank). Director Fortner stated the amount might be around $3,500.00 and asked Council what they
wished to do. Council members agreed for Director Fortner to handle the situation not exceeding
$3,500.00. (the water tank located on the east side of City Hall).
Director Fortner also stated that the Barnett Bank has requested permission to construct a
crosswalk across the gravel road (N.W. 2nd Street) to the Methodist Church and east to the Barnett
Bank parking lot, because the ladies working at the bank have been ruining their shoe heels on the hard
gravel road. Council members discussed the situation and decided to paint a crosswalk across the roads
with yellow or white thermal plastic coating.
Councilman Thomas questioned Director Fortner about the signal lights. Director Fortner stated
that the Department of Transportation is furnishing the City with a new controller for the 441 and 70
intersection. However, the City has to hire a contractor to install the controller.
Mr. Richard Hale addressed Council concerning the drainage problem on his property at the
Brahman Theater, and the possibility of paving the road on the north side of the theater. Council
agreed to look into the situations and try to correct the problems.
AGENDA ITEM / /XIX - ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 11:28P.M.
ATTEST:
Bonnie S. Zhomas,CMC
City Clerk
be
dward W. Douglas, D.C.
Chairman
i
4
AGENDA
REGULAR MEETING
September 10, 1984
7:00 P.M.
1. Call to Order.
Invocation offered by Mayor Edward Douglas.
Pledge of Allegiance led by Mayor Edward Douglas.
IV. Approval of the minutes of the regular meeting of August 20, 1984.
V. Appearances:
VI.
(a) Allen Markham to discuss, with the council, improvement of
Northeast 2nd. Street.
(b) Lester Solin of Solin & Associates to discuss, with council,
the possible development of a comprehensive land use plan
for the city's 150-acre parcel.
Public hearing and final reading of an ordinance amending the city's
code of ordinances to provide an extended pay plan for sewer system
capacity charges and connection fees to be effective October 1, 1984.
VII. Action by the council to name a member to the Code Enforcement Board
to fill the unexpired term of Cecilia Miller to April 30, 1984.
VIII. Council action to authorize the Mayor to execute an agreement, with the
Environmental Protection Agency, accepting an additional grant of
$430,000 for construction of the city's proposed new waste water treat-
ment plant.
IX. Adoption of a resolution authorizing the issuance of bond anticipation
notes in the amount of $2,212,900.00 for partial financing of the city's
201 waste water project and authorizing execution of purchase agreement
for the bond anticipation notes with Southeastern Municipal Bonds.
X. Discussion and action on proposed contract between the city and Okeechobee
Beach Water Association for an additional 250,000 gallons of water per day.
XI. Introduction ofa resolution setting a tentative budget and proposed
millage for the city fiscal year beginning October 1, 1984 and holding
of a public hearing on same.
XII. Public hearing and final reading of an ordinance amending the ordinance
authorizing the public service tax.
XIII. Discussion by the council on a proposal from the Board of County Comm-
issioners relative to changing the method of distribution of the local
option four cent gas tax.
XIV.
XV.
Introduction and first reading of an ordinance amending the ordinance
code of the City of Okeechobee relating to fire protection; to provide
for the installation of fire hydrants, by the Department of Public Works,
and maintenance of same by the city fire department.
Introduction and first reading of an ordinance amending the ordinance
code of the City of Okeechobee; amending Chapter 18 Water and Waste-
water to provide the Water and Sewer Division of the Department of Public
Works will purchase and install all fire hydrants deemed necessary and
desirable, by the City Council; providing for installation of fire hy-
drants outside the City fire district; with the cost thereof to be paid
by the developer or local government jurisdiction; providing for fire
hydrant maintenance fees outside the fire district and setting a public
hearing for Monday, September 17, 1984.
AGENDA
September 10, 1984
page 2
XVI.
Introduction and first reading of an ordinance proposing to rezone Block
6 and Block 7, Northwest Addition from Holding to Industrial.
(Planning and Zoning Board recommends approval.)
XVII. Mayor to call on anyone in the audience wishing to address the council.
XVIII. Mayor to call on City Clerk, City Attorney, City Administrator and Council
members for reports and/or requests.
XIX. Adjournment.
Current Millage 3.913
Roll -Back Millage 3.773
Proposed Millage 4.338
I. Hold Public Hearing on
II. Prior to conclusion of
III. Adopt Tentative Budget
PUBLIC HEARING
AGENDA
TENTATIVE BUDGET
1983/84
Amount of Taxes $265,000
Amount of Taxes $269,215
Amount of Taxes $294,000
Tentative Budget and proposed millage rate
Hearing Council may amend Tentative Budget
and, if necessary, re- compute proposed Millage Rate
IV. Publicly announce the percent, if any, by which the re- computed proposed millage rate
exceeds the rolled -back rate and announce public hearing date for adoption of final
budget