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1985-03-04 Regular Meeting3s01 REGULAR MEETING MONDAY, MARCH 4, 1985 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 Oakland R. Chapman called the meeting to order with the following Councilmen present: Oa'cland R. Chapman, Chairman/Mayor Andy Rubin, Vice-Chairman/Vice Mayor Edward W. Douglas, Councilman Oscar Thomas, Councilman Nick Collins, Councilman Others present were: Bonnie S. Thomas, City Clerk L.C. Fortner, Jr., Administrative Assistant Jerry Bryant, City Attorney Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Robert Throgmorton, Pastor of the First United Methodist Church, followed by the Pledge of Allegiance. 85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF 2-18-85 Chairman Chapman asked Councilmembers if there were any additions, deletions or corrections to the minutes of the special and regular meetings of February 18, 1985. Attorney Bryant stated in the minutes of the regular meetin;; on Page 2, paragraphs four and six, should read "Federa-1 Statutes" instead of Florida Statutes, which refers to Federal Communications Act of 1934, Item 6, Section 623, E 1. With no additional corrections, the minutes were approved as corrected. AGENDA ITEM #V - APPEARANCES: a) Dennis Mulberger to request Council's approval to purchase the 30-ft. right of way along the east side of S.W. 7th Avenue, which he needs to enlarge the size of the buildings he intends to build and to provide parking spaces. Mr. Mulberger stated that he was requesting a letter or an agreement, with the City, stating that if he were to build the proposed three buildings within one year in Block 164, the City would agree to sell him the right of way (33 feet and 52 inches) for a certain amount.(which would put the east side of 7th Avenue back into conformity). Mr. Mulberger stated that several years ago they had the right of way shifted 33 feet and 52 inches, because of a problem due to an existing building. The proposed building plans: for three buildings an 26,000 sere feet, which wand have approximately thirty different stores/offices. Councilman Rubin stated that he would rather the City not sell any of the right of way, and. keep the entire 100 feet. Councilman Collins asked Director Fortner if he felt we would have need of the requested property in the future, and if he felt it should be -sold. . Director Fortner stated that it had some advantages on both sides. Allowing Iu. Mulberger to build buildings there which would be placed on the tax roll. But as required by the Code, Mulberger's plans must show adequate off-street parking for his facilities, he cannot use street right- of-ways for parking. Councilman Thomas asked Mr. Mulberger if the 33 feet was going to be used for parking only. Mr. Mulberger answered that it would only be used for parking spaces. Councilman Rubin asked Mr. Mulberger hm7 many parking spaces he needed in order to comply with the Code. Mr. Mulberger answered he would have 66 parking spaces. Councilman Rubin asked Mr. Mulberger if a decision was needed tonight. Mr. Mul- berger stated no. Councilman Rubin asked Chairman Chapman if the request could be tabled until the Council had time to research the request_. Councilmembers agreed to table the request until the next meeting. Councilman Collins made a motion to table the request 3652 I request until the next meeting. Councilman Douglas seconded the motion. Motion carried. b) A committee formed by Mr. R.E. Hamrick to discuss the congestion at the Post Office and the possibility of circulating a petition for the purpose of for- warding it to the U.S. Postal Service to request immediate action to relieve the situation. Chairman Chapman asked if there was anyone in the audience representing Mr. Hamrick. There being no one, Chairman Chapman stated that he had the petition and asked that it be sent around the room for signatures. HARTE HANKS CABLE COMPANY Mr. Jim Morris addressed Council and stated that he would still like to have Council.'s approval of the 5 % increase, as discussed in the last regular meeting. Chairman Chapman asked Director Fortner to speak concerning the rate increase. Director Fortner stated that he was able to get in touch with the National League of Cities, but he had spoken with the Attorney with the Florida League of Cities and he said that if the City's franchise did not have any specific rate for a specific time or period, then then 5% rate increase was legal. (The City's franchise agreement does not state a speci- fic rate for a specific time or period, therefore, the rate increase would be legal.) Director Fortner asked Mr. Morris if his company had an annual audit or a finan- cial statement conducted on an annual basis. Mr. Morris answered no, just gross revenues. Councilmembers discussed the new franchise agreement being worded so that it would not allow another rate increase. Councilmembers then agreed to the rate increase (5%). Chairman Chapman asked if the Council felt an ordinance would be needed on the satellite dishes that were being installed within the City limits. Director Fortner stated that the Planning Board was looking into the situation concerning the necessity of an ordinance being prepared for the satellite dishes within the City limits. --� 85-33 AGENDA ITEM #VI - DISCUSSION BY THE COUNCIL RELATIVE TO PREPARING AN ORDINANCE AUTHORIZING THE PLACEMENT OF 2 HOUR PARKING SIGNS ALONG SOUTH PARK STREET AND S.W. 2ND AVENUE. Director Fortner stated that we have a request to install the 2 hour parking signs along South Park Street and S.W. 2nd Avenue, to help those businesses to keep cars from parking in front of their stores for the entire day . The signs would be posted from the old Bennies Hardware Store west to Independent Insurance and south to the alley -way south of the Indian River Community College office (down 2nd Avenue). Councilman Rubin asked if the signs would state: Except on Holidays and weekends). Director Fortner stated the signs would only say 2 Hour Parking Only. Councilman Rubin asked Police Chief Mobley if the 2 hour parking signs only meant during business hours. Chief Mobley said that it could be worked that way if requested. Councilmembers discussed the parking signs. Councilman Thomas made a motion that the City post the 2 Hour Parking signs from Highway 441 (Parrott Avenue) west on Southwest Park Street to Southwest 2nd Avenue and south to the alleyway. Councilman Collins seconded the motion. Chairman Chapman asked for a vote on the motion. Councilmen Thomas, Collins and Douglas were in favor of the motion. Councilman Rubin stated he would vote yes for the 2 hour parking signs; (but no be- cause the wording: "Not including Holidays and Weekends", was not being printed on the signs). Director Fortner asked Chaimm Chaps e si if the ccL=il xEnted thgns erected, before the ordue nce as presented for first reading. Chairman Chapman answered no. Motion then carried. Direc- tor Fortner to have ordinance prepared for first reading at next meeting. 85-34 AGENDA ITEM #vII - APPROVAL BY THE COUNCIL OF A LIST OF ITEMS TO BE DESIGNATED SURPLUS PROPERTY AND OFFERED FOR SALE AT PUBLIC AUCTION. Councilman Douglas made a motion that the list of items submitted to Council, be declared surplus property and be offered for sale at a public auction. Councilmen Rubin and Collins seconded the motion. Motion carried. 3fi�3 3-4- �b AGENDA ITEM #VIII - DISCUSSION BY THE COUNCIL OF THE ADOPTION OF A RESOLUTION EN- COURAGING LOCAL TV STATIONS TO BROADCAST THE FLORIDA LEAGUE OF CITIES PUBLIC SERVICE ANNOUNCEMENT ON DRUNK DRIVING Director Fortner stated that a letter had been received from the Florida League of Cities addressed to the Mayor encouraging the Council to adopt a resolution to be aired on the local TV stations as a Public Service Announcement on Drunk driving. There are three TV stations in the area, therefore, there were three resolutions to be adopted. Mr. Jim Morris, of Harte Hanks Cable Company, addressed Council and stated that he would air the tapes on drunk driving on two local cable television channels, free of charge, if the City would obtain the tapes for him. He would also state that the tapes were a courtesy of the City Council. Attorney Bryant read the resolutions as follows: A RESOLUTION BY THE CITY OF OKEECHOBEE ENCOURAGING WEAT CHANNEL 12 TO AIR THE FLORIDA LEAGUE OF CITIES PUBLIC SERVICE ANNOUNCEMENT ON DRUNK DRIVING. WHEREAS, drinking and driving is one of the most critical social dilemmas facing America today; WHEREAS, driving fatalities relating to alcohol have escalated to an all time high and involve thousands of victims each year; WHEREAS, during 1983 in Florida alone, over 2,729 people were killed by drunk drivers; WHEREAS, the Florida League of Cities and the City of Okeechobee shares the national concern about drinking and driving and recognizes the significant impact that the problem carries in the municipalities of our State; WHEREAS, the Florida Cable Television Association and the Florida League of Cities are making a statement against drunk driving through a video Public Service Announcement; WHEREAS, the Public Service Announcement has been distributgd to all network and independent television stations in Florida; WHEREAS, all cable systems throughout the state with local advertising capabilities have received a copy of the Public Service Announcement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, as follows: Section 1. Requests that WEAT Channel 12 air this Florida Oriented Public Service Announcement as broadcast time allows. PASSED AND ADOPTED in regular session assembled this fourth day of March, 1985. A RESOLUTION BY THE CITY OF OKEECHOBEE ENCOURAGING WPTV CHANNEL 5 TO AIR THE FLORIDA LEAGUE OF CITIES PUBLIC SERVICE ANNOUNCEMENT ON DRUNK DRIVING. WHEREAS, drinking and driving is one of the most critical social dilemmas facing America today; and WHEREAS, driving fatalities relating to alcohol have escalated to an all time high and involve thousands of victims each year; and WHEREAS, during 1983 in Florida alone, over 2,729 people were killed by drunk drivers: and 36a4 F WHEREAS, the Florida League of Cities and the City of Okeechobee shares the national concern about drinking and driving and recognizes the significant impact that the problem carries in the municipalities of our State; and WHEREAS, the Florida Cable Television Association and the Florida League of Cities are making a statement against drunk driving through a video Public Service Announcement; and WHEREAS, the Public Service Announcement has been disbributed to all network and independent television stations in Florida; and WHEREAS, all cable systems throughout the state with local advertis- ing capabilities have received a copy of the Public Service Announcement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, as follows: Section 1. Requests that WPTV Channel 5 air this Florida Oriented Public Service Announcement as broadcast time allows. Passed and adopted in regular session assembled this 4th day of March, 1985. A RESOLUTION BY THE CITY OF OKEECHOBEE ENCOURAGING WTVX CHANNEL 34 TO AIR THE FLORIDA LEAGUE OF CITIES PUBLIC SERVICE ANNOUNCEMENT ON DRUNK DRIVING. WHEREAS, drinking and driving is one of the most critical social dilemmas facing America today; WHEREAS, driving fatalities relating to alcohol have escalated to an all time high and involve thousands of victims each year; WHEREAS, during 1983 in Florida alone, over 2,729 people were killed by drunk drivers; WHEREAS, the Florida League of Cities and the City of Okeechobee shares the national concern about drinking and driving and recognizes the significant impact that the problem carries in the municipalities of our State; WHEREAS, the Florida Cable Television Association and the Florida League of Cities are making a statement against drunk driving through a video Public Service Announcement; WHEREAS, the Public Service Announcement has been distributed to all network and independent television stations in Florida; WHEREAS, all cable systems throughout the state with local advertising capabilities have received a copy of the Public Service Announcement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, as follows: Section 1. Requests that WTVX Channel 8 air this Florida Oriented Public Service Announcement as broadcast time allows. PASSED AND ADOPTED in regular session assembled this fourth day of March, 1985. 3655 Councilman Collins made a motion to adopt the three resolutions as read by Attorney Bryant. Councilman Douglas seconded the motion. Chairman Chapman asked for a vote on the motion. All Councilmen.were in favor of the motion. Motion carried. 85-3 AGENDA ITEM #.IX - ACTION BY THE COUNCIL TO APPROVE SEVERAL STREETS FOR PAVING: APPROVAL TO HIRE JIM BROOME, AS ENGINEER, TO PREPARE THE NECESSARY SPECIFICATIONS FOR BIDDING OF THIS PAVEMM Councilman Douglas stated that it was agreed by the Council,during a previous workshop meeting, that the City pave the following streets: ----- -- — -- - - —_ 1. S.E. 8th Drive - S.E. 14th Ct. to 15th Street 320-ft. (Sewer has been installed) 2. S.E. 12th Avenue - S.E. 4th Street south to deadend 1325-ft. (Sewer has been installed) 3. S.E. 12th Street - S.E. 8th Drive to 9th Avenue 600-ft. (Sewer has been installed) 4. S.E. 13th Street - S.E. 8th Drive to 9th Avenue 725-ft. (Sewer has been installed) 5. S.E. 14th Ct. - S.E. 8th Drive to 9th Avenue 475-ft. (Sewer has been installed) 6. S.W. 5th Street - S.W. 5th Avenue to 7th Avenue 750-ft. Total 4195-ft. 4195-ft x $15 per ft. _ $62,925.00 plus drainage improvements. Councilman Douglas then made a motion that the list of streets for paving be approved. Councilman Collins seconded the motion. Motion carried. 85-12 AGENDA ITEM #,-X - DISCUSSION BY THE COUNCIL RELATIVE TO THE PURCHASE OF A TRAFFIC COUNTER TO BE USED FOR THE PURPOSE OF EVALUATING THE CITY'S TRAFFIC FLAW AND TO DETERMINE A PAVING LIST FOR 1985-86. Councilman Rubin made a motion that the City purchase a traffic counter in the amount of S975.00. Councilman Douglas seconded the motion for discussion. Councilman Collins stated that Rex Spivey would be willing to either loan or rent a traffic counter, and he felt the City should check into this first, before purchasing a traffic counter. Chairman Chapman stated that he also had spoken with Rex Spivey who had previously loaned traffic counters to the County, and he said they were misused, therefore, he had to stop loaning the counters to the County. Councilmembers discussed the misuse of the traffic counters briefly. Councilman Thomas stated that he felt the City should try to work out something with the Department of Transportation first , before we buy. He then asked Qyim z Chapmn if a decision had bear merle Virg the hi.rirg of Ji. Broome as the Engineer for the streets to be pavac Councilman Rubin answered that it was decided in the Workshop meeting that Engineer Broome would be the Engineer. Councilman Thomas asked if a price was set for Engineer Broome to be paid. Di- rector Fortner stated there was not a price set at this time, all Engineer Broome had to do was copy the specifications this time, which would be cheaper than for the City to hire another Engineer that had to start at the beginning again. Chairman Chapman asked for a vote on the motion to purchase a traffic counter. Councilman Collins asked if it could be included in their motion to try to work out some- thing with the DOT, and if it was not successful, Director Fortner would have Council's permission to go ahead and order the traffic counter in the amount of $975.00. 3656 I Councilman Douglas stated that he seconded the motion for discussion, but if something could be worked out with the DOT he would go along with that. Councilman Rubin _ agreed for the statement to be included in the rmticn. Chairman Chapman asked for a vote on the motion. All Councilmen were in favor of the motion. Chairman Chapman was against the motion. Motion carried. AGENDA ITEM #XI - DISCUSSION BY THE COUNCIL CONCERNING WITHDRAWAL OF APPROVAL TO BARNETT BANK TO RECEIVE PAYMENT FROM CITY CUSTOMERS FOR WATER, SEWER AND GARBAGE BILLS. Clerk Thomas explained to Councilmembers that there were several problems arising from payments being received at the Barnett Bank, she therefore, was requesting the Council to discontinue the payments being made at the bank at this time. Councilmembers agreed with Clerk Thoamas that the payments be discontinued. Councilman Douglas made a motion that water, sewer and garbage payments be dis- continued at the Barnett Bank. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM #XII - CONSIDERATION BY THE COUNCIL OF ORDINANCE 514, SECTION 18-3. PRO- VISIONS UNDER WHICH DEPOSITS MAY BE INCREASED AND 18-4. DISCONTINUING WATER SERVICE FOR VIOLATIONS. Director Fortner explained to Councilmembers,"We currently have between 3500 and 4000 water accounts. Approximately 900 to 1000 of those are delinquent at least three months out of twelve months in paying their bills. We have an ordinance that requires each one that is delinquent three months out of twelve, to increase their water deposit equal to at least two months water bill or a minimum of $75.00. The problem being that the ordinance says the user shall be required to increase his deposit for both commercial and residential, but it also says in discontinuing water service for violation, the water service may be discontinued. We do not have the capability of enforcing this owe ark ue have people ignoring the request for them to increase their water deposit. Approximately 2/3's of the 900 letters that have been sent out have not increased their deposit. We are wanting some direction from the council as to how you want to handle this item." Councilmembers discussed amending the ordinance by changing the word "may" to "shall:'and hcw thewater department concludes which water customers must upgrade their deposit. Clerk Thomas asked Councilmembers if they would like for her to take several different accounts that the deposit has to be upgraded, and find out how many days they viere late on each account. Councilmembers agreed. Councilman Collins made a motion to table the discussion until the next regular meeting. Councilman Douglas and Rubin seconded the motion. Motion carried. 85_?7 AGENDA ITEM j9XIII - DISCUSSION BY THE COUNCIL CONCERNING A REQUEST FROM HUBERT HARDEN FOR WATER SERVICE TO EIGHT BUILDING SITES IN THE OKEECHOBEE PARK AREA. Director Fortner explained to Council that it would cost $40,000. for a contrac- tor to install this line. But the City could rent a backhoe and hire temporary help to install the line for $7,500. and he felt this would be best. The City will have to ad- vertise for the pipes and fittings. Councilman Rubin asked Director Fortner which fund the money would come from. Director Fortner stated the money could be taken from the systems capacity trust fund and/ or the Improvements. ($30,000. material - Systems capacity trust fund, and $7,500. for the backhoe and temporary help from the improvement fund). Councilman Rubin suggested all of the money be taken out of the improvement fund. After further discussion by Councilmembers, Councilman Collins made a motion that the City go ahead with the Dlans to rent a backhoe and hire temporary help to install the pipe, and take the money from the appropriate funds (improvement fund). Councilman Douglas seconded the motion. Chairman Chapman asked for a vote. -;councilman Thomas sustained from voting. Councilmen Collins, Douglas and Rubin and Chairman Chapman were in favor of the motion. Motion. carried. 365'7 3 4 - g5 AGENDA ITEM #XIV - DISCUSSION BY THE COUNCIL RELATIVE TO GRANTING PERMISSION FOR USE OF THE PARK BY THE CHAMBER OF COMMERCE AND/OR OTHERS. Director Fortner asked Council if they wished to continue licensing the Chamber of Commerce to use the parks for Labor Day and the Speckled Perch Festiva Councilman Douglas suggested that the City continue on a professional basis by allowing the Chamber of Commerce to use the parks on Labor Day and the Speckled Perch Festival and any other group must have the Mayor's permission to use the park. Councilman Collins questioned the licensirg being on a year to year basis. council- man Douglas answered a year to year basis, unless a problem arises, the Chamber's license should continue to be issued automatically. Councilman Douglas made a motion that we allow the Chamber of Commerce on a perpetual basis permission to use the park for the Speckled Perch and Labor Day Festivi- ties, and any other group or organization seeking permission for the park the permission be granted by the Mayor at his discretion. Councilman Thomas seconded the motion. Motion carried. The Clerk to still issue occupational license automatically. MEETING RECESSED at 8:46 P.M. t� TTIG RECONVaTED at 8:55 P.M. Clerk Thomas stated there was a correction to be made in the Resolution for Channel WTVX. The Resolution states it is Channel 8, but that is only the local channel. _The ,correct channel is 34. Correction was made on the resolution. 85_7 AGENDA ITEM #XV - REVIEW OF BIDS AND APPROVAL BY COUNCIL FOR A UTILITY RATE STUDY TO BE MADE BY HUNSBERGER, BOWER AND WALSH CONTINGENT UPON THE FINAL ACCEPTANCE OF THE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND HUNSBERGER. Councilman Collins stated there was not much of a choice between the two bids, one for $35,000. and one for $14,685. Councilman Douglas asked if the study was worth this amount of money to the City. Director Fortner stated he fell it wou d)be worth the $14,685. to establish water and sewer rates, based on todays demains and todays market. Councilman Collins asked Director Fortner if he could make this study. Director Fortner stated that he drew up the first study. Councilman Collins asked Director Fortner which direction he felt the City should go. Director Fortner suggested the City go with a professional. Councilman Rubin stated he felt that in the long run, the $14,000. will be well spent, but he was sorry that the study would not include the tap -ins. Councilman Rubin made a motion to accept the bid of Hunsberger, Bower & Walsh, Inc., in the amount of $14,685.00, to be paid from the contingency fund. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM # XVI - MAYOR TO CALL ON THE AUDIENCE FOR ANYONE WISHING TO ADDRESS THE COUNCIL Chairman Chapman asked if there was anyone in the audience wishing to address the Council. There was no response. AGENDA ITEM #XVII - MAYOR TO CALL ON THE CITY CLERK, CITY ATTORNEY, ADMINISTRATIVE ASSIS- TANT AND COUNCIIN N FOR REPORTS AND/OR REQUESTS. Clerk Thomas presented the Warrant Registers for Council's approval. �j Attorney Bryant reported to Councilmembers on his meeting with County Attorney concerning the Building Department merger with the County.as follows, "We discussed what would be -required of the City and what the City would continue to control. I think Mr. Collins said something about the City was interested in maintaining control over enforce- ment of ordinances other than the zoning ordinance, such as dogs, that type of thing, etc. We came up with the idea that the City would find someone within the City (present employee) to be assigned as the Code Officer, to investigate or prosecute those who violate the Codes. 3658 3-4--� but:all of the zoning violations would be handled through the County Building Department." Councilman Rubin stated all of the Commissioners were in favor of the merger, but Attorney Vanl-andingham was still waiting for the Attorney General's opinion,on the Code Boards. I Attorney Bryant stated that his suggestion concerning serving the Industrial Development Authority with water, was for the City to request a Hold Harmless Agreement. Attorney Bryant also suggested that in all future leases, the City has the following statement included in the agreement to all tenants "The water is being supplied merely to provide potable water for their use, it is not intended or implied to be sufficient to fight fires. They must go to some other source to get water for that purpose." Attorney Bryant went on to say, "Kyle's position is that because the County did not require the City to sign a Hold Harmless Agreement for the sewer lines on their right- of-ways, the City should not require them to sign the Hold Harmless Agreement for the In- dustrial Development Authority". Councilman Collins suggested the City has each individual tenant sign a Hold Harmless agreement, for extra protection. Attorney Bryant stated that he felt that wording could be included in the agreement he suggested -the Council have. Councilman Rubin suggested the Fire Chief inspect the IDA quarterly, to make sure the water is only being used for drinking. 85-29 (? 1, Director Fortner presented two pay requests for Council's approval. The first one being from Widell and Associates, pay request #4, $507,058.79 4 The second request being from Taddie Underground, $51,869.30. These pay request to be approved contingent upon Farmers Home approval. Councilman Douglas made a motion to approve the two pay re- quests. Councilman Collins seconded the motion. Councilman Rubin opposed the motion, un- til he could research the matter (a meeting to be held with the contractor Taddie Under- ground Utilities Tuesday morning). Motion carried. 1,Councilman Collins asked Director Fortner if the contractor's were checking with each individual residence before they installed the sewer lines so they could determine the best location for the tap in. And asked Director Fortner to check into the situation. Director Fortner stated the inspector has been trying to contact the people to determine where the septic tank was, but he would check into the situation himself. ), Councilman Collins asked Director Fortner if the City was with -holding enough money from Taddie. Director Fortner stated that the Engineer was currently holding 20% of the total contract ($360,000.), also, the contractor could not purchase no more than $100,000.00 in materials. Councilmembers discussed the performance bond being used if necessary. 85-8 Councilman Douglas made a motion to approve the warrant registers for the Fed- eral Revenue Sharing Fund in the amount of $22,846.00, the General Fund in the amounts of $17,382.73, $121,923.92, and $29,545.68, the Water & Sewer Fund $104,148.56, $18,411.04, and $37,323.49, the Capital Project Fund in the amount $114,149.97. Councilman Collins seconded the motion. Motion carried. 85-13 ,9 Councilman Douglas stated that he received a call from Cardinal Industries con- cerning the possibility of constructing a 65 unit rental housing project on the City's 154 acres. The representative from Cardinal Industries stated he would like to appear before the Council in the near future, if the Council did not object, to discuss the housing pro- ject. Councilmembers discussed the request and decided it would be alright with them for the representative to attend a Council meeting. Director Fortner to contact the represen- tative to see if he could attend the March 18th meeting. L5. Director Fortner stated that each Councilmember had a copy of the letter received from Ms. Arnold of the Okeechobee County Civil Defense, concerning the air conditioner to be used for the food program. He then asked Council if they wished to do anything on this request at this time. Councilman Rubin made a motion to purchase the air conditioner in the amount of $466.00. Councilman Thomas seconded the motion. Chairman Chapman asked for a 3659 3--4- ��) vote on the motion. Councilmen Rubin and Thomas voted for the motion. Councilmen Douglas and Collins voted against the motion. Chairman Chapman voted against the motion, by stating that this..leads to the double taxation issue, the City residents are also County residents, therefore, the City has already paid for an air conditioner -(the one purchased by the County). Motion did not pass. Councilman Rubin ccamented on donations given to the County Library, Council on Aging, etc., all being supported by the County, City and State.with matching funds. Chairman Chapman stated that the City did not budget anything towards the County Library. Councilmen Rubin to bring additional information for Councilmembers at the next Council meeting concerning the matching funds. Councilman Rubin stated that the Council should have a letter sent to Sackett, Dix & Dunn, thanking them for the letter sent to the Amtrak Company concerning the necessity of a stop being made in Okeechobee. J, Councilman Rubin stated that he felt the position of City Attorney should remain as an employee, and not be on a contract basis. Councilmembers discussed the attorney's position being considered on a contract basis or as an employee. Attorney Bryant stated that the proposal for bids did not state anything about the mandatory retirement, with- holdings, and social security, therefore, he did not include any of these fees in his bid. After further discussion by Councilmembers concerning the attorney's status, Council- man Collins made a motion that Attorney Bryant be considered an attorney on a contractual basis, for each election term (every two years), negotiation's yearly. Councilman Thomas seconded the motion. Motion carried. 85-16 �, Councilman Rubin stated that he had requested from Phil Berger, a copy of the insurance policy available for the Councilmen. Since he has not received a copy of this he asked Clerk Thomas to try and obtain a copy of it for him and the other Councilmembers. Clerk Thomas stated that she had been in touch with Berger Insurance Agency concerning this and was told by Betty Simmons, that this was included in the coverage and no individual policies would be issued. Mr. Berger has evidentally changed his mind if that status has changed. Councilman Rubin_requested the Mayor's permission to contact Mr. Berger to check into the situation. Chairman Chapman agreed. _Councilman Rubin stated that even if the City had to pay for the reproduction, which would be $15.00, he would pay this for the Council - members, it could be considered a birthday gift. AGENDA ITEM # XVIII - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:10 P.M. ATTEST: i MAYOR II Councilman Thomas signed a Conflict of Interest Form. It is on file ij the City Clerk's office. AGENDA CITY COUNCIL MEETING March 4, 1985 - 7:00 p.m. I. Call to Order. II. Invocation offered by a member of the Ministerial Association. III. Pledge of Allegiance led by Mayor Oakland Chapman. IV. Approval of the minutes of the special and regular meetings of February 18, 1985. V. Appearances: a) Dennis Mulberger to request Councils approval to purchase the 30-ft. right-of-way along the east side of S.W. 7th Avenue, which he needs to enlarge the size of the build- ings he intends to build and to provide parking spaces. b) A committee formed by Mr. R. E. Hamrick to discuss the congestion at the Post Office and the possibility of circulating a petition for the purpose of forwarding it to the U.S. Postal Service to request immediate action to relieve the situation. VI. Discussion by the Council relative to preparing an ordinance authorizing the placement of 2-hour parking signs along South Park Street and S.W. 2nd Avenue. VII. Approval by the Council of a list of items to be designated surplus property and offered for sale at public auction. VIII. Discussion by the Council of the adoption of a resolution encouraging local TV Stations to broadcast the Florida League of Cities Public Service Announcement on drunk driving. Ix. Action by the Council to approve several streets for paving; approval to hire Jim Broome, as engineer, to prepare the necessary specifications for bidding of this pavement. X. Discussion by the Council relative to the purchase of a traffic counter to be used for the purpose of evaluating the city's traffic flow and to determine a paving list for 1985-'86. Xi. Discussion by the Council concerning withdrawal of approval to Barnett Bank to receive payment from City customers for water, sewer and garbage bills. Xii. Consideration by the Council of Ordinance 514, Section 18-3. Provisions under which deposits may be increased and 18-4. Discontinuing water service for violations. XIII. Discussion by the Council concerning a request from Hubert Harden for water service to eight building sites in the Okeechobee Park area. XIV. Discussion by the Council relative to granting permission for use of the park by the Chamber of Commerce and/or others. XV. Review of bids and approval by Council for a Utility Rate Study to be made by Hunsberger, Bower and Walsh contingent upon the final acceptance of the agreement between the City of Okeechobee and Hunsberger. XVI. Mayor to call on the audience for anyone wishing to address the Council. XVII. Mayor to call on the City Clerk, Attorney, Administrative Assistant and Councilmen for reports and/or requests. XVIII. 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