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1989-12-05 Regular MeetingCITY OF OKEECHOBEE CITY COUNCIL MEETING December 5, 1989 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION COUNCII14EMBERS/ACTION VOTE ABSENT' YES NO 1. Call meeting to order. Mayor Chapman called the meeting to order at 2:00 P.I. 3. Invocation offered by Pastor James J. Griffis; Mayor Chapman (Pastor Griffis was not present); Pledge of Allegiance led by Mayor Chapman. Mayor Chapman. _. Mayor and Council attendance: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Jim Kirk Absent Councilman Oscar Thomas Present Councilman Dowling Tlatford Present Staff attendance: City attorney Cook Present (entered Council Chambers at 2:36 P.14.) City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Earnest Present >. I -lotion to dispense with reading and approve the Summary Councilman Collins made a motion to dispense with of Council Action for the regular meeting of November 7, reading and approve the Summary of Council Action 1989. for the regular meeting of November 7, 1989, sec- ond by Councilman Watford. Chapman X Collins X Kirk Thomas X Watford X Motion Carried. December 5, 1989 page two 10 E. Motion to approve warrant registers for October, 1989. General Fund...............$51,838.50 Public Utilities ........... $88,440.65 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION la. Motion to read by title only Ordinance 619 amending the General Employees Pension Plan - City Attorney (Exhibit 1). COUNCILMEMBERS/ACTION Councilman Watford made motion to approve the war- rant registers for the October, 1989 (General Fund $51,838.50, Public Utilities $88,440.65), second by Councilman Collins. Chapman Collins Kirk Thomas Watford Motion Carried. By request of City Administrator Drago, add to the agenda under new business number 6, exhibit 4, and number 7, exhibit 5. Councilman Tlatford made a motion to read by title only Ordinance 619 amending the General Employees (Pension Plan, seconded by Councilmen Collins. (Chapman Collins Kirk Thomas Watford Motion Carried. Mayor Chapman read Ordinance 619 by title only: "AN ORDINANCE AMENDING ORDINANCE 419, AMENDING SECTION II MEMBERSHIP, AMENDING SECTION III RETIRE- MENT DATES AND BENEFITS, AMENDING SECTION V DEATH BENEFITS, PROVIDING FOR AN EFFECTIVE DATE." YES i NO IX X �X X ABSENT X X December 5, 1989 page three � COUNCILMEMBERS/ACTION liscussion: VOTE ABSENT YES NO lb. Motion to adopt Ordinance 619. ouncilman Collins made a motion to adopt Ordinance 19, second by Councilman 1�7atford. After lengthy hapman ollins irk X homas ^Iatford +lotion Carried. 2a. motion to read by title only Ordinance 620 amending ouncilman Watford made a motion to read by title the Firefighters Pension Plan - City Attorney (Exhibit 2). my Ordinance 620 amending the Firefighters Pen - ion Plan, seconded by Councilman Collins Chapman aCollins Kirk X Thomas Watford Motion Carried. Mayor Chapman read Ordinance 620 by title only: "AN ORDINANCE AMENDING ORDINANCE 420, AMENDING SEC - ION II MEMBERSHIP, AMENDING SECTION III RETIREMENT DATES AND BENEFITS, AMENDING SECTION V DEATH BENE- FITS, PROVIDING FOR AN EFFECTIVE DATE." 2b. Motion to adopt Ordinance 620. Councilman Collins made a motion to ar;_;n_t Ordinance 620, second by Councilman 'Watford. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. CLOSE PUBLIC HEARING December 5, 1989 page four COUNCILMEMSERS/ACTION VOTE ABSENT YES NO G. NEW BUSINESS 1. Motion to approve the promotion of Teresa Suarez Councilman Collins made a motion to approve the as a records clerk and Pat Carroll as administrative promotion of Teresa Suarez as records clerk and secretary assigned to the Police Department - Police Pat Carroll as administrative secretary assigned Chief. to the Police Department, second by Councilman Thomas. Chapman Collins Kirk X Thomas X Watford Motion Carried. 2. Motion to approve the appointment of Margo Osceola Councilman Collins made a motion to approve the as a new dispatcher - Police Chief. (Exhibit 3). appointment of Margo Osceola as a new dispatcher, (Exhibit 3). second by Councilman Thomas. C: Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. Police Chief Mobley introduced Margo Osceola to the Council and Phil Thibedeau who was hired last month but was unable to attend the meeting. 3a. Motion to read by title only, and set January 2, Councilman Thomas made a motion to read by title 1990 as a public hearing date, Ordinance 621 amending only and set January 2, 1990 as a public hearing the Police Officers Pension Plan - City Attorney date, proposed Ordinance 621 amending the Police Officers Pension Plan, second by Councilman tlatford. December 5, 1989 page five �� COUNCILT�ERS/ACTION ABSENT YES S NO 3a. Continued . . . Motion to read by title only and Chapman X set January 2, 1990 as a public hearing date, proposed Collins X Ordinance 621 amending the Police Officers Pension Plan Kirk X City Attorney (Exhibit 3). Thomas X Watford X Motion Carried. Mayor Chapman read proposed Ordinance 621 by title only: "AN ORDINANCE AMENDING ORDINANCE 421, AMENDING SECTION II MEMBERSHIP, AMENDING SECTION III RETIRE- MENT DATES AND BENEFITS, AMENDING SECTION V DEATH BENEFITS, PROVIDING FOR AN EFFECTIVE DATE." 3b. Motion to approve the first reading of proposed Councilman Watford made a motion to approve the Ordinance 621. first reading of proposed Ordinance 621, second by Councilman Collins. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 4. Discuss the disposal of the 1949 Ford Fire Truck - Motion by Councilman Thomas to table this matter City Administrator. and have someone look into the City giving the Fire Truck to the Historical Society, second by Councilman Collins. Chapman Collins X Kirk X Thomas X Watford X Motion Carried. December 5, 1989 page six COUNCIIME�MERS/ACTION VOTE ABSENT YES NO 5. Update of items of interest to the City by County County Commissioner Williamson was not present. Commissioner Jack Williamson. 6. Motion to approve the final payment and retainage Councilman Thomas made a motion, upon the recommend - fee to A.O.B Underground on the S.W. 8th Street 10" main ation of Director of Public Works Elders and Direct - force main and pavement project for $13,080.25 - City of Public Utilities Fortner to approve the final Administrator (Exhibit 4). payment and retainage fee to A.O.B Underground on the S.;d. 8th Street 10" force main and pavement pro- ject for $13,080.25, second by Councilman Watford. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 7a. Motion to read by title only and set January 2, Councilman Watford made a motion to read by title 1990 as a public hearing date, proposed Ordinance 622 only and set January 2, 1990 as a public hearing amending Ordinance 616 - City Attorney (Exhibit 5). date, proposed Ordinance 622 amending Ordinance 616, second by Councilman Thomas. City Attorney Cook explained Attorney Cassels of- fice found a typographical error in the ordinance which was passed October 3, 1989. Attorney Cassels office would pay for the advertising of the new ordinance. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. City Attorney Cook read proposed Ordinance 622 by title only: "AN ORDINANCE CORRECTING SCRIVENER'S F':'3)R CONTAINED IN THE LEGAL DESCRIPTION OF PARCEL VI Or ORDINANCE NUMBER 616." December 5, 1989 page seven COUNCILMEMBERS/ACTIONVOTE ABSENT YES NO . Councilman Nlatford made a motion to approve the 7b. Motion to approve the first reading of proposed Ordinance 622. first reading of proposed Ordinance 622, second by Councilman Collins. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. H. COUNCIL REPORTS AMD/OR REOUESTS: 1. Councilman Collins: a) Councilman Collins requested the City Attorney research the traffic ordinance and penalties reso- lution to allow the police department to enforce the no skateboards and bikes on sidewalks in com- mercial areas, this is due to the number of com- plaints from merchants located on South Park Street b) After lengthy discussion for a way to set up a better utility billing system: Councilman Collins made a motion to set up a new billing system to read a due date (billing date), a cut off date with 25 days from due date to cut off date and credit any customers any penalt charge to their accounts which was charged to them in November, second by Councilman Thomas. (This will be effective upon the adoption of the new ord- inance, Council instructed the Director of Public Utilities to inform the public they are working on a new system, do not charge any penalty charges during the time span and no second notices are to b sent.) December 5, 1989 page eight '� COUNCILMEMBERS/ACTION VOTE ABSENT YES NO Chapman X 1. Continued . . . Councilman Collins: Collins X Kirk X Thomas X Watford X motion Carried. c) After lengthy discussion about the plans for the Reclaimed Water Project: Councilman Collins made a motion to have the plans of the Reclaimed Water Project between the City and Frank Williamson, Jr. re-evaluated by another en- gineer within a respectable amount of time, second by Councilman Thomas for discussion. Lenghthy discussion ensued, vote was as follows: i� Chapman X �. ry Collins X Kirk X Thomas X Watford K Motion Carried. Councilman Collins made a motion to recind the mo- tion made at the Council meeting of November 7, 1989 (Motion by Councilman Watford to proceed with the reclaimed water project, to include only those items necessary to run the 12" main to the William- son Cattle Company property, that we do not include the holding pond and we take whatever steps neces- sary to advertise for the necessary construction, second by Councilman Kirk.) and that we start our proceedings with advertising as soon as permissable, second by Councilman Thomas. December 5, 1989 page nine COUNCILPEMBERS/ACTION [((Collins VOTE ABSENT YES NO 1. Continued . . . Councilman Collins: hapman X Kirk Thomas X Teaatford X Motion Carried. Recess: 3:55 P.M.; Reconvened: 4:01 P.M. 2. Councilman Watford:. a) Councilman Watford made a motion that the se- lection of the engineer to evaluate the plans for the Reclaimed Water Project include City Administra- tor Drago, Director of Public Utilities Fortner, an Mayor Chapman. Councilman Watford recind his motio . Councilman Watford expressed his opinion that City Administrator Drago would be the one to pick the engineer to evaluate the plans assuming it did not come under the competitive negotations act, rather than just one person pick that engineer there be three. The Director of Public Utilities should be involved since it effects his department and the Mayor should be involved in the selection to maintain communication with the elected officials. Councilman Watford made a motion that in the se- lection process for the reviewing engineer for the Reclaimed Water Project the engineer be selected by the Mayor, Director of Public Utilities, and City Administrator, second by Councilman Thomas. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. page ten December 5, 1989 COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO 2. Continued . . . Councilman Watford: b) Councilman Ilatford made a motion any particular departments, matters concerning particularly when they involve meetings with other agencies that the appropriate department head should be included, second by Councilman Thomas. Chapman X Collins X Kirk X Thomas X . Watford X [lotion Carried. c) Councilman Watford discussed the debt service proportion of the water bills, "I think we should look into deleting the debt service fee and raise the rates". Attorney Cook explained to the Council some of the more complex issues of the bond issuance is set up and the effect of revenues, the specific reason we had to go to DER this week was to delay the execu- tion of a consent order by DER which would force us to build a water plant on a certain time table. DER knows and will make us build a water plant and we know we've got to do it and we are heading in that direction. The debt service is designed to give the City a steady source of revenues to pay for the water plant and be a steady fee paid for buy the customers that doesn't fluctuate depending if you live here in the winter or summer or how much you use or don't use, its a steady source of income that apparently the bond and banking people found very attractive in order to agree to write this bond for us. At this point this debt service is the part of the bond that we are about to exe- cute next week, without this debt service we stand a real chance of not getting a bond, if we don't g t a bond the City is in default of a $2 million loan which is due next Wednesday and that debt service is T;7ritten into that ordinance for that reason that's how we got the bond, and at this point to change it would put the City in serious financial December 5, 1989 page eleven COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO Public Appearances: Public appearances were made by Darwish Ghanim, owner of the Angus restuarant; Mr. Odom and Mrs. Yomans to speak to the Council concerning the in— crease of their water bills. I. ADJOURNMENT Mayor Chapman Mayor Chapman adjourned the meeting at 4:35 P.M. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON s`7ILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. OAKLAND R. CHAPMA1q, MAYOR ATTEST: X BONNIE S. THOMAS, CMC CITY CLERK tfi ,