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1980-02-19 Recessed Meeting 26O3 80-29 DEPARTMENT OF ENVIRONMENTAL REGULATIONS REQUEST TIME ELEMENT Director Fortner advised that in regards to the same matter he had received a draft permit for a reissue from the Environmental Protection Agency (EPA) today on the sewer plant. They have a certificate of compliance that we have to cease to discharge into Taylor Creek by the summer of 1982. We have to complete construction of a planned irrigation land application for sewer disposal by September 1981, and submit various reports with deadlines. We have thirty (30) days to request additional time for these deadlines. 80-30 BUILDING INSPECTOR Councilman Raulerson explained to the Council Building Inspector Spray's leave status at the present time. After studying the handbook he found nothing to indicate that the Council could give an employee an extended leave of ab- sence past his earned sick leave or vacation time with pay. The Council can give him a leave of absence without pay at his request. Mr. Spray's earned vacation leave and sick leave will be up February 22nd, but he will not be able to return to work until approximately March 15th. The Council agreed to ask Mayor Douglas to inform Building Inspector Spray that he can be placed on leave of absence without pay. Mr. Spray must request the approval of Council for extended leave, as set out in Employee Handbook Section 14.50. A decision by Council will be made at their regular meeting February 26, 1980. ADJOURNMENT There being no further business the meeting upon motion by Councilman Knight seconded by Councilman Burk was recessed at 9:30 P.M. until February 19, 1980 at 7:00 P.M. . Douglas - J Chairman City Council City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee RECESSED SESSION TUESDAY, FEBRUARY 19, 1980 The City Council of the City of Okeechobee convened in a Recessed Session in the Council Chambers, City Hall, Okeechobee, Florida, at 7:30 P.M. Tuesday, February 19, 1980. Chairman Edward W. Douglas presided with the following members present: 2604 Councilman Lytle Raulerson, Councilman Jim Knight and Councilman Oakland Chapman. Councilman Donald Burk was absent. Others present were Bonnie Thomas, City Clerk and David Conlon, City Attorney. This being a joint meeting of the City and County governments Commissioners Jim Lashley, Hiram Raulerson and Clyde Durrance were present, also, Cliff Betts, County Clerk; Sarah Price, County Commissioner Secretary and Kyle Van Landingham, County Attorney. 80-8 201 WASTEWATER FACILITY Chairman Douglas introduced Mr. Frederick Bell, Engineer of the 201 Facility project and asked him to start discussion of the program. Mr. Bell brought up several possibilities for consideration in regards to continuing with the Okeechobee Wastewater project. First was the sublease to be jointly signed by the City and County. This will be studied by the City Attorney before signing. The Engineer asked that it be signed as quickly as possible. Set out in the lease drawn up by Mr. Bell is the information of how the funds were acquired by the County to obtain the land to give to the State of Florida for the Boy's School site, which the State now owns. Mr. Bell gave the Attorney a copy of the lease to be studied. The rest of the lease is patterned after an example given to the Engineer by the Department of Health Rehabilitation Services. He stated that "Mrs. Price, secretary to the County Commissioners gave me copies of the minutes of the County Commissioners meetings showing that the funds had been provided to buy the land and a copy of the deed which the Engineer gave to the Department of Natural Resources. The lease is the first matter of importance because we are at a "logo" point until we get it resolved, and as quickly as possible, before we can make application for the Step III grant funds, and before the City Council and County Commissioners go any further with the project as far as getting the seventy-five per cent (75%) financial support." "Next matter is the Interlocal Agreement which I hope the Council has had the opportunity to review. It is just as important as the lease. It is an agreement wherein the City and County can enter into, in accordance with the Florida Statute (#163.001) to cooperatively manage and accept land and funds and anything else necessary to operate.a wastewater treatment facility. The Interlocat Agreement sets up a board which would act with whatever authority spelled out in it that you wish to give to them. If the Council has had an opportunity to review the interlocal agreement I'd hoped we could come to some agreement on it." 260 The Council had not reviewed the Interlocal Agreement and the City Attorney had gone over it somewhat. However, since it was decided to meet jointly with the County no action has been taken on it. The City Attorney suggested the City and County might not be interested in an agreement of this sort but possibly a County run or City run Wastewater facility, not jointly with ad- ditional board or commission being set up. This has not been determined yet. It could develop that either the City or County would rather do the whole project. Discussion on these posibilities were expressed by Commissioner Jim Lashley and Commissioner Hiram Rauterson. They determined that since the City was already in the sewerage business and the County was not that it might be more feasible for the City to continue with it. Commissioner Lashley asked the Council how much longer they will be able to operate the present facility according to the State agency that is giving the City trouble with their plant now? Attorney Conlon explained the City must get out of the present plant operation now and into something else. Commissioner Lashley asked about expansion of the new facility in regard to present needs. Attorney Conlon explained future population growth would produce future needs. Once the new plant is put in then according to growth, needs would be determined. The plant can be easily expanded. It is a several phase project to cover the long range growth around the urban areas of Okee- chobee. It's designed presently for five year growth capacity. Commissioner Lashley stated that the City would have to get the first phase finished, at least, to satisfy the present needs of what it has now since they have to make a change. Presently the new project is designed to take care of the City and its satellite needs through Phase I according to the Engineer. Concern was ex- pressed by Commissioner Lashley as to notification of present citizens that they must hook up to the sewer. The engineer stated that this was a require- ment of the State Department of Environmental Regulations in that if sewer is available in the residents' area they must get on. Attorney Conlon stated that it would be the basic plant for all the ex- pansion into the County. Attorney Conlon asked if the County would be interested in getting into the sewer business. Commissioner Durrance interjected that it appears the City has done a real good job with it so far and the City is in the sewerage business presently. Since the City is already in the business perhaps it would be good to go ahead and talk about the City continuing with it. Attorney Conlon asked what the County's feelings would be, for either the City or County to handle the business in lieu of creating a new board. Com- missioner Hiram Raulerson stated he agreed with that because creating new boards sometimes creates new complications. He felt it best for City or County to handle it. Commissioner.Durrance stated that this was the first time discussion of a new board had been brought up. He felt it would take some good discussions to see if we could get this thing worked out. Commissioner 'Lashley concurred with Commissioner Durrance in that the City had been handling the sewage disposal thus far and most of the people in it right now are City residents and the City is doing a fine job. Commissioner Hiram Raulerson stated that most of the projects that would come up in the next five years will be in the City anyway and he felt the City should continue on with the project. The City has the personnel and the County does not have anybody in that field. The Engineer agreed that the ~City did have exceptionally qualified people operating the sewer business at the present time, and that Director Fortner and the people working with him and under him were really qualified people. Commissioner Hiram Raulerson said he personally would like to see the City go ahead with the project, and if it is expanded on out into the County there would be no objections by him. Councilman Lytle Raulerson stated that "The only thing he could see that the City had been running into problems here with the project was the fact that the County has seemed to be the lead agent in contracting with Frederick Bell and Associates in negotiating for the 201 Facility. The City gets brought in after the project has been discussed. The City went into this project with the understanding that they would do Step I then stop and decide whether or not to go on to Step II. Then meet again to decide if we were jointly going on to Step III and I believe this is where we are now at Step III." "The discussion the City got into recently was that the County was the lead agent for the contract with Mr. Bell and yet the City did not really know whether the County was going to continue with Step III. And I think we've got the right tonight to settle the big question of whether the County was going to stay in this thing through Step III or is the County going to get out of the program at the end of Step II and turn it over to the City from here on through. If you'lt go back to the beginning of these meetings you'll find that at the end of each step both governments were to meet on the situation and decide the next step~ whether to go on or stop." Commissioner Durrance stated that "The first thing was the County was not in the sewer business and haven't been up to this point. The County got into this with the City merely to help the City out. Because the County knew the City was in trouble as far as its sewer plant was concerned it entered the I I j' ] Iii;' - ":'[i 26(')7 program to help the City out. So the County went into Step I and II with the City to help them out of their tight because the City are the ones that need it. And this is originally why the County went into the "201" program." Councilman Lytle Raulerson stated that the City felt eventually it was going to have to go into this program county~wide because of requirements of the State Environmentalists. Also, the County would have the better location to set the plant facility in than the City or they could come up with the land for this~facility and then any of the outlying areas within the County that wanted on the sewer could be worked in at that time. "When the City got to Step III is the County going to continue with the City and is the City going to continue with the contract. We need to know if the County intends to go into Step III with the City." Commissioner Lashley asked if the City had to go to Step III. Councilman Lytle Raulerson explained that the City must do something about the present sewer facility. Either with Mr. Bell and Step III and the large piano ex- pansion on the Florida School For Boys' piece of property or go some where else but the City definitely has to do one or the other. Attorney Conlon stated the City would have an option. Engineer Bell informed the City that it could but it has already spent funds in this area. "In looking over the present plant which was a part of Step I to see how to solve the problem that exists, we went through the possibility of expanding the present plant and using a "tertiary" treatment, which is costly. But concluded that the City still would not be able to meet the standards set by EPA concerning discharge into Taylor Creek. So the alternative then was to find a piece of property and spray irrigation is the least costly way if you discount land costs. Under the circumstances it was proved to the EFA that it was most cost effective by getting to use the land at the Boys' School site free of cost and building two miles of force main. It was the most cost effective way to treat the sewerage and would be in compliance with all the regulations." The Florida School for Boys was determined to be the cheapest way out as far as the Engineer was concerned. With the City getting the land free the only extra cost would be the force main. Other locations considered were in low lying areas to the south and the water table was too high. Land cost to the west were prohibitive (Three Thousand Five Hundred Dollars $3,500.00 per acre). Further north and east were the same high price problems. "The cheapest way you are going to be able to provide what you are going to be able to get a permit for from EPA to operate with is to use the Boys School site and to use spray irrigation," according to Engineer Bell. Commissioner Lashley stated that he wasn't interested in just dropping the project, until the City had what it needed to satisfy its sewage needs. The County can go as far as it needs to go in order to help the City solve its problem to get the plant built at the Boys School the City could then operate efficiently and effectively here in town and whatever else they've got. Then the County wouldn't be expected to participate in anything else until we needed County sewage. Engineer Bell answered yes, but the City will be handling some County sewage at the end of Step III. The Engineer explained the next Phase (II) which would begin with Step IV five years from now. Commissioner Lashley was concerned with the present needs concerning Step III of Phase I to satisfy the City's sewer problem now. Engineer Bell stated "the City's present question Concerned the financial assistance to establish the plant in its first phase. You've gone through Step I and Step II on the basis that assuming what we've accomplished is Seventy-Five per cent (75%) funding by EPA. Seventy-five cents (75~) of every dollar is coming from the Federal government and the remaining Twenty-five per cent (25%) based on contribution of sewage to the plant is seven per cent (7%) County flow and eighteen per cent (18%) City flow using the existing political limits of Okeechobee. That ratio should hold until the first year of operation then changes of growth would be reflected in the monthly flow reports at the plant. At that time ratios will change and be deliberated by City and County as to ratio change." Commissioner Lashley asked the Engineer if the County had agreed to go through the first phase with the City and Mr. Bell stated that the County had agreed to go through Step III which was the building of the plant completing Phase I. Total cost will be 3.2 million with Federal funding of seventy-five percent (75%), City eighteen percent (18%) and County seven percent (7%). We did qualify for an additional ten percent (10%) because of the spray irrigation, but these funds aren't available presently, Engineer Bell stated. Further discussion on how future financing could be done was explored such as procedures for bond issues, users cost and special assessment districts, interest costs and land costs. Commissioner Lashley advised that there were some matters of discussion concerning cost of the plant and whether or not Okeechobee could afford it that will have to be settled at some future date. These are too many angles of future possibilities to try to solve in one meeting. He suggested City Council meet with Engineer Bell to work out these details. Members of both bodies present concurred with Commissioner Lashley. Attorney Conlon asked if the County Commissioners would be willing for the City to take over the project with Phase II if the City can find a way to finance it or does the County feel real strongly about creating an inter- local agreement. Commissioner Durrance reiterated the good job the City is doing presently and agreed the City should continue. Commissioner Lashley and Commissioner Hiram Raulerson also expressed their approval of the City finishing project from Phase II. Since the City had been handling it right along they should continue as far as the County Commissioners are concerned, according to opinions expressed by the three County Commissioners present. Councilman Lytle Raulerson summarized the three main questions that needed to be answered as: 1) Is the County in agreement with the City to go with Step III of Phase I? 2) If so, does the County feel the County and City should create a new governing body to set up the sewer system? 3) O~ does the County want it or does the City want it? "I think these are the major issues and when we get this settled then all this other will have to be worked out whether you are going to be able to float a bond or whether the one body is going to be able to handle the project. The City or County might not be able to handle the expense all by them- selves and they may have to come back to the possibilities of forming an interlocal agreement to swing the whole program. Then not only pick up users on the way out to the plant to help float the bond issue when it goes by." Commissioner Durrance stated that from what's been said tonight~ the City has got to make a move now of some kind. You've got to get the City going which is phase (Step) III so I'm perfectly willing for the City to go ahead and get this thing going. Commissioner Lashley stated that as far as the financial end of it there seems to be some question and before I'd commit on that I~'d want to know what ad valorem monies we'd have to contribute or if it was going to all be done with bonds or how it's going to be split. Commissioner Durrance replyed that he was in favor of the users paying for it. He did not know how much it was at the moment and did not want to tax anyone in an area that wasn't going to get the benefit from the project to pay for it. Councilman Lytle Raulerson stated that if the County agreed to go through 2610 Step III of Phase I Certain 'things would have to be worked Out such as 'assistance from the Commissioners in requiring County resident hook-ups to the "201" project. Attorney Conlon interjected he thought the Federal government would require this and do this for us. Engineer Bell confirmed the fact that this would be required by State laws. There would be no more septic tanks. These requirements would be spelled out in bond negotiations or Bonding companies wouldn't want to touch it. Commissioner Durrance agreed that a person who has to build will know he's got to hook on and pay the sewer fee. That is easier than hook'uPS to bhe residents that are already there. But they will be required to hook on. Further discussion of future lines and grants was held. Commissioner Durrance expressed to the Council that the Commission had no more questions for this meeting but would be glad to set up a meeting at some future date for further discussion, after Mr. Bell meets with the Attorney and gets some of the kinks worked out. Mr. Bell closed by saying the matter of timing is of utmost importance because of deadlines being imposed upon the City by the State agencies con- cerning present sewage disposal plant operation. 80-15 FIRE DEPARTMENT MERGER County Commissioner Jim Lashley presented a proposal which included the ambulance service with the merger of the two fire departments. Basically Commissioner Lashley proposed the County take over the operation of the three departments, retain all employees and receive Fifty Thousand Dollars ($50,000.00) subsidy from the City. The City Council and County Commissioners agreed to study both proposals for a final decision at a later date. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. ~dward W. Do~las - J Chairman City Council / City of Okeechobee ATTEST: ' ,,/'~ Bonnie S. T~bmas City Clerk '-~ City of Okeechobee