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2001-08 Solid Waste Fee CollectionRESOLUTION NO. 01 -8 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ADOPT A UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS FOR SOLID WASTE COLLECTION; STATING INTENT TO USE SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR SUCH ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAISER AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS the City of Okeechobee Florida provides as part of its service to the public a regular solid waste collection service, which service requires regular billing in order to collect necessary revenues to support such service; and WHEREAS the billing of such accounts has historically been a system of separate billings for residential and commercial accounts, and the City presently pays for this service through the Okeechobee Utility Authority, which co- ordinates billings with utility customer accounts; and WHEREAS the present system of billings does not accurately account for all customers in the City using the mandatory collection service, which shortfall can affect the rates charged to customers in the city, and which is otherwise an expensive billing process to the taxpayers within Okeechobee; and WHEREAS the City is authorized by Florida Statutes to elect to use a uniform method of collection of fees /assessments through a non -ad valorem collection method which is not based on millage and which can become a lien against a homestead as permitted by the Florida Constitution; and WHEREAS a non -ad valorem system of collection based upon the tax rolis of Okeechobee County promises a more efficient, thorough and fair method of collection of solid waste fees, to the benefit of the City of Okeechobee as a whole; NOW, THEREFORE, be it resolved by the City of Okeechobee, Florida that: 1. The City of Okeechobee, Florida is authorized by Florida Statutes 197.3632 to create a uniform method for the levy, collection and enforcement of non ad valorem assessments. 2. That the City of Okeechobee, Florida has not in the past sought to create such a method of collection, and by this resolution is the first time the City has elected to use such a method, and this resolution may be adopted by the City at a public hearing held between the dates of June 1 and September 15, 2001. 3. in order to utilize this methodology of collection, the City shall enter into a written agreement with the property appraiser and tax collector of Okeechobee County providing for reimbursement of necessary administrative costs incurred under this system of collection, and the actual cost of collecting non -ad valorem assessments. 4. That it is the intent of the City of Okeechobee, Florida to use this uniform method of collecting monthly sold waste collection fees by non -ad valorem assessments billed to each municipal residential customer as reflected on the tax rolls of Okeechobee County, Florida. 5. That the public hearing and notice of intent to adopt this resolution has been published weekly in a newspaper of general circulation for four consecutive weeks prior to the public hearing. 6. That the City of Okeechobee has, at least 20 days prior to this public hearing to adopt this resolution, published notice of this public hearing in a newspaper of general circulation, and also, by US Mail, sent to each person owning property subject to the assessment, all necessary information as required by Florida Statute 197.3632(4), including but not limited to each property owner's right to file objections with the City Council to the adoption of this resolution within 20 days of the notice. 7. That this resolution is needed and necessary in order for the City to utilize a uniform, accurate and fair method of collecting solid waste fees from customers within the City in a cost efficient manner. 8. That the legal descriptions of the boundary within which real property will be subject to this non -ad valorem assessment is attached to this resolution as an exhibit, and incorporated herein by reference. 9. That this non -ad valorem assessment is to be collected over a period of more than one year, or is to be amortized over a number of years, so as to preclude the requirement that the City of Okeechobee annually adopt the non -ad valorem assessment roll. 10. Non -ad valorem assessments collected pursuant to this resolution shall be subject to all collection provisions provided by law, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty to delinquent payments, and issuance and sale of tax certificates and tax deeds for non payment. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. INTRODUCED, APPROVED AND RATIFIED this 21 day of August, 2001 ATTEST: 1, Bonnie S. Thomas, City Clerk for the City of Okeechobee, Florida, do hereby certify that the foregoing resolution, proposed by the City Council for the City of Okeechobee, Florida, was duly passed and adopted by majority vote of the City Council at regular meeting thereof assembled this 21s day of August, 2001. Bonnie S. Tomas, CMC, City Clerk Approved for legal sufficiency: r �0 R. Cook, ity A ney es E. Kirk, Mayor 200 AUGUST 21, 2001 - REGULAR MEETING - PAGE 2 OF 8 V. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2001 Warrant Register: Council Member Watford movedto approvethe July 2001 Warrant Register in the amounts: General Fund two hundred twenty-four thousand, five hundred twenty-one dollars and eighty-five cents ($224,521.85), Law Enforcement Special General Fund .............................. $224,521.85 Fund two thousand, eight hundred eighty-six dollars and sixty cents ($2,886.60), Emergency and Disaster Relief Fund Law Enforcement Special Fund .................. $2,886.60 one thousand, nine hundred fifty dollars ($1,950.00); seconded by Council Member Oliver. There was no discussion Emergency and Disaster Relief Fund .............. $1,950.00 on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. agenda. III There were none. - VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A 1. a) Motion to read by title only proposed Resolution No. 01-08 Council Member Watford moved to read proposed Resolution No. 01-08 regarding Garbage Assessment by title only; regarding Garbage Assessment - City Administrator (Exhibit 2). seconded by Council Member Oliver. b) Vote on motion to read by title. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. August 21, 2001 - Regular Meeting - Page 3 of 8 201 VII. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Resolution No. 01-08 by title only 2.a) Motion to adopt proposed Resolution No. 01-08. b) Public Comments. Attorney Cook read proposed Resolution No. 01-8 bytitle only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ADOPT A UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS FOR SOLID WASTE COLLECTION, STATING INTENT TO USE SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR SUCH ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF, COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAISER AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE." Council Member Oliver moved to adopt proposed Resolution No. 01-8; seconded by Council Member Chandler. Mayor Kirk opened the floor for discussion by the public. Mr. Quinton Varnes asked why the Council wanted to change the solid waste billing from the Okeechobee Utility Authority Office with a consolidated water bill to the tax roll. Administrator Veach explained that there is a problem with people receiving collection (service) and not paying for it, by putting it on the tax roll it will "capture" everyone. The City can recoup some of the costs for paying the OUA for the billing service and it will make it consistent with the way the County does their billing. Mr. Bill Farberik spoke in opposition of the resolution. Staff also received five phone calls/letters in opposition of passing the resolution. Mr. John Morgan spoke in favor of passing it and agreed with the City's justification of implementing the new collection system. Council and staff discussed what start-up" costs would be involved and the statement made by Mr. Farberik that he was able to sign a waiver with the OUA and did not have to pay for service since he was not a full-time resident of the City of Okeechobee. Administrator Veach was instructed to find out what the criteria was that permitted the waiver's to be issued. Attorney Cook noted that the resolution needed to be amended to include a paragraph for severability. Council Member Watford moved to amend proposed Resolution No 01-8 to include a paragraph for severabilibL seconded by Council Member Williams. 202 AUGUST 21, 2001 - REGULAR MEETING - PAGE 4 OF 8 Mi. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. A. 2. b) Public Comments continued. c) Vote on motion. CLOSE PUBLIC HEARING - MAYOR. VIII. UNFINISHED BUSINESS. A.1. a) Motion to remove from the table awarding an audit bid - Mayor b) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M. Council Member Chandler moved to remove from the table the awarding of an audit bid; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER- YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor asked that each representative from those firms present come and give a brief presentation. Those firms were DeBartolomeo, McBee, Hartley and Barnes; J.D. Gilbert and Company; McAlpine, Cavalcanti and Lewis; Hoyman, Dobson and Company.