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1982-09-20 Special Meeting3158 82 -73 SPECIAL MEETING PUBLIC HEARING MONDAY, SEPTEMBER 20, 1982 The City Council of the City of Okeechobee, met in Special Session at 7:00 P.M., Monday, September 20, 1982, in the City Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida . Chairman /Mayor Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman /Mayor Donald Burk, Vice Chairman Oakland Chapman Dowling Watford Councilman James H. Knight was absent. Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer Keith Tomey, Fire Chief Larry Mobley, Police Chief Janice M. Mann, Deputy Clerk The Invocation was offered by Councilman Burk followed by the Pledge of Allegience. AGENDA ITEM #I - FINAL HEARING - ORDINANCE SETTING MILLAGE RATE Chairman Douglas presented for second and final hearing and adoption of an Ordinance setting the millage rate for the City of Okeechobee for the fiscal year beginning October 1, 1982. The ordinance was read by Chairman Douglas as follows: AN ORDINANCE PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983, AND STATING THE MILLAGE RATE LEVIED AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1. The City Council of the City of Okeechobee, Florida, hereby levies a tax of $3.913 per thousand dollars valuation on all real and personal property within the coporate limits of said City, subject to tax of the first day of January, 1982, provided however, that such $3.913 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead as granted under the Constitution or General Laws of the State for the 1982 tax year. SECTION 2. That the City Clerk is hereby instructed and directed to certify to the Okeechobee County Property Assessor, the above and foregoing enumerated millages to be levied for all puposes for the year 1982, in the said City of Okeechobee, Florida, pursuant to the provisions of the laws of the State of Florida. i T Tli Tin T 3159 3 _ 82 -73 SECTION 3. The millage rate herein levied does not exceed the rolled back rate of $3.913 per cent. SECTION 4. That the Tax Collectior of Okeechobee County, Florida, shall proceed to collect the above taxes according to the provisions of the Laws of the State of Florida. SECTION 5. That of the total $3.913 per thousand dollar valuation as designated in Section 1, hereof, $3.913 per thousand dollar valuation shall be used for the General City purposes in carrying on and conducting the government of the said City, and $.1256 per thousand dollar valuation including Homestead shall be used to pay interest and principal on 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 desginated herein. SECTION 6. That this Ordinance was proposed, considered and adopted under the provisions of the Laws of Florida, and was enacted by no less than a fourfifths vote of the City Council and shall become effective upon final passage. The floor was then opened for discussion and /or comments from those present in the audience. Citizen Andy Rubin stated hethought the millage rate should be rolled back to 3.900 instead of the proposed 3.913. No further comments, Councilman Burk moved to adopt the Ordinance setting the Millage rate a 3.913 for the General Services and the Debt Service at .1256 for the fiscal year of 1982/83, seconded by Councilman Chapman. Motion carried. Councilman Knight was absent. AGENDA ITEM#II - FINAL HEARING - ORDINANCE ESTABLISHING 1982/83 BUDGET Chariman adopting the BE OKEECHOBEE, SECTION hereto and of the Water beginning October SECTION accordance fifths vote The Douglas presented for consideration and adoption, the Ordinance 1982/83 Water & Sewer Budget. The ordinance was read as follows: AN ORDINANCE ADOPTING THE CITY OF OKEECHOBEE WATER AND SEWER BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. IT ORDAINED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF FLORIDA: 1. The budget for the Water and Sewer Department as attached made a part hereof, is hereby adopted as the Budget for the operation and Sewer Department of the City of Okeechobee for the fiscal year 1, 1982, and ending September 30, 1983. 3. This Ordinance was prepared, considered, and adopted in with the Law of Florida, and was inacted by no less than a four - of the City Council and shall become effective upon passage. floor was opened for discussion and comments from those present. 1 I T1f T_ I 3160 Citizen Andy Rubin asked for the total amount of cash reserves. Administrator Fellows clarified that the total cash reserves of Seven Hundred Twenty -Two Thousand Dollars ($722,000.00) has been allocated into the budget. Councilman Chapman moved to approve the Ordinance adopting the Water & Sewer Budget for the fiscal year beginning October 1, 1983, and ending September 30, 1983, seconded by Councilman Burk. Motion carried. Councilman Knight was absent. Chairman Douglas presented for consideration and adoption, the Ordinance adopting the 1982/83 General Fund Budget. The ordinance was read as follows: AN ORDINANCE ADOPTING AN ANNUAL GENERAL FUND BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983, AND PROVIDING AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1. The City Council of the City of Okeechobee, Florida, after having held a public hearing on the Annual General Fund Budget, both operating and debt service, hereby adopts as its budget the attached budget, which by this reference is incorporated herein as though fully set forth, for the operation of the government of the City of Okeechobee for the fiscal year beginning October 1, 1982, and ending September 30, 1983. SECTION 2. That this Ordinance was proposed, considered and adopted under the provisions of Sections 166.041 and 200.065 Florida Statutes and was enacted by no less than four -fifth vote of the City Council and shall become effective upon final passage. The floor was then opened for comments, questions or objections from the audience regarding the adoption of the proposed budget. Andy Rubin objected to cutting the paving line item to Thirty Thousand Dollars ($30,000.00). Rubin feels paving and drainage is of the utmost importance. Prior to discussion, Attorney Debra Pierce of Conley & Conley presented to each Councilman a copy of a petition requesting the Council rescind the budget amendment separating the Clerk's office and Finance Department. Ms. Pierce noted the petition had been signed by Two Hundred Forty -Eight (248) citizens. As an advocate of those who signed the petition, Ms. Pierce stated "the citizens who signed the petition believe that an elected official, not an appointed official, should be in charge of the City's finance here in Okeechobee since Okeechobee has become a City. As the hierarchy stands now, there is a system of checks and balances. If the budget amendment is passed it will be the beginning of the end of this system of checks and balances that we currently have. 1 1 1 Tl F 3161 The City Clerk has certain duties and responsibilities, according to the Ordinances that are now in effect, as to the finances of the City. If you take the Clerk's budget away, at this point in time, and make her a "Records Clerk" according to the budget you will not be budgeting her for the duties and resp- onsibilities the Clerk currently has." Ms. Pierce reaffirmed the petitioners wish that the Council reconsider the separation of the City Clerk's office and the Finance Department, in the budget and vote this budget amendment down. "In other words," Ms. Pierce continued "do not separate the City Clerk's office and the Finance Department, making an elected official a mere records clerk. That is not why the citizens who have signed the petition have elected Mrs. Thomas to this office. Leave the City's finances in the hands of an elected official." Chairman Douglas asked Attorney Pierce if all the signatures were of City residents. Ms. Pierce stated she could not certify that they were, however, the majority were checked and are city residents. Citizen Mary Frances Dixon asked for an explanation as to "how this came about, without being brought to the people, that we have a hired City Administrator. We elected Bonnie as our City Clerk, we elected you gentlemen to represent us, to carry on the business of the City and to delegate authority. We did not elect you to hire a high paid official without being brought back to the people." Councilman Burk rebutted by informing those present that everything has been handled in published, open, public hearings. "it was at a public hearing that Mr. Fellows was advanced in his position. At the same time we created the other offices according to law. All other cities have had to go through these growing pains." Burk continued "the Council has determined that the City needs a Finance Depart- ment. The setting up of these offices, which we may or may not use, is only preparing for good government some time down the road. Council determined in this particular budget, we wanted to split these two offices. For twenty years or so one of the Councilmen has been the finance officer for the City of Okeechobee. Only the last two years has the Clerk had this extra duty imposed upon her, and called the finance officer." Councilman Burk then noted "our Code states the Council has the authority to create offices. We also have the authority to abolish these offices if we see they are no longer needed, to make appointments to them. The Council has gone by the letter of the law regarding this matter. Mr. Fellows will not have the job of finance officer, he is the City Administrator. A finance officer very properly might be a good clerk, as it has been for the last two and a half (21) years. The Council hasn't done anything wrong. We are trying to set up what we hope to be procedures, offices and so forth that will be used in the future. The prior T T 3162 Councils, never set up the various departments consequently it was necessary in March to set them up by category, and we chose to budget them separately." Attorney Pierce asked permission to reply to some of Councilman Burk's comments. Ms. Pierce pointed out "is it not indicative that if you did not intend to appoint a Finance Director why would you have a finance department budgeted in this particular budget. And isn't it true that if you did appoint a finance director, would he or she not be responsible directly to Mr. Fellows the City Administrator? Also, I seem to recall something in the minutes of March, 1980, declared Mrs. Thomas to be the Finance Officer. Is it not true, as well, that by Charter the City Clerk has always signed checks written on the City books. Now, as far as abolishing and creating offices, I would agree that you would have the power to create offices, but I would disagree that you would have the power to abolish any offices created in the Charter, referring to Section 25 of that Charter." Councilman Burk asked what then was the problem. Attorney Pierce stated "the problem is this seems to be the first step in getting the City Clerk's office out of the finance business. And that is what our petition addressess. We don't want our City Clerk not to be involved in the finances of the City. We still want the City Clerk to sign the drafts, to sign the checks, to execute the powers and duties that she has by Ordinance and by Charter. With this budget she is not budgeted to carry out her duties and responsibilities at this point. I would also like to point out the memo that Mrs. Thomas drafted and sent to Mr. Fellows responding to his request that she resign as City Clerk and be appointed as Finance Director. There has been no responce to that memo." Administrator Fellows noted he did not respond to the memo because he did not attach any significance to it. Councilman Chapman asked Administrator Fellows to explain when this all started, "was it something to do with CD's that Mrs. Thomas withdrew from First Savings to put into Okeechobee County Bank ?" Administrator Fellows explained, "when I first began to have some concerns about the structure of the Finance Department was when I found the City had overpaid Thirty -One Thousand Dollars ($31,000.00) to the County, on the 201 Plan. That was a long time before we created the departments, Mr. Chapman." Councilman Chapman asked again, "wasn't there something to do with a CD withdrawal that you refused to sign a check ?" Administrator Fellows explained, "shortly after I began signing checks, I got a check for One Hundred Thousand Dollars ($100,000.00) made out to the Flagship Bank of Okeechobee for a repurchase agreement, which was two percent (2 %) lower than the rate of interest being paid at First Savings. I told the Clerk I wasn't going to sign it and she later got the Mayor to sign it. I don't know what she had told him, but he signed 1 n T 3163 3 _ — it later on and I told him what it was for. We have since taken Fifty Thousand Dollars ($50,000.00) of that out of Flagship and put it in First Savings, at the regular rate of interest." Councilman Chapman asked if the Charter states that the Council should know of these changes and withdrawls. Administrator Fellows noted "it is my feeling the City Council should know of everything that takes place, and that is what I try to do is to keep them advised. The Charter, contrary to what this young lady says, the Charter, if she read it and .I don't think she has, is different than the Code of Ordinances. The Charter is the law of the City. The Charter does not mention anywhere that the Clerk has any responsibilities to finance with the exception of if the City floats bonds, she is to keep a record of those bonds in a book. And I 'challenge that young lady to show me anywhere in the Charter that there is any reference to any kind of financial responsibility other than a record keeper, for the City Clerk." Attorney Pierce countered, "I would say Mr. Fellows that you are right in that respect, that the Charter does only have the City Clerk's office as a records keeper. I didn't say that the Charter appointed her as Financial Director, nor did I say that she had financial responsibilities under the Charter. I did say that she had responsibilities in a financial manner under the ordinance." Administrator Fellows stated, "when I undertook this, young lady, I researched the Charter to find out exactly what the structure of the Finance Department was; because I did not want to make any recommendations that were contrary to what the Charter provided. In my conversations with Mrs. Thomas, strictly internal conver- sations, had to do with some protection for her in the set up of the City in the future; because the majority of the Council in March had created a Finance Department. And I felt somewhere down the road them would be a Finance Director. I am sincerely interested in her, I think she is doing an excellent job. If you will ask any of the department heads in this City, how we operate, we all sit down together and talk about the same things we talk about right here; the Charter, the responsibilities, who is going to do what and who is going to advise the Council. I have extended to Mrs. Thomas every courtesy that I have extended to every department head in the City. And further than that, I have recognized the fact that she is another elected official and have tried to keep her even further informed than any of the other people. I am here to try to save money, and try to get the City of Okeechobee operating as the way I see it can best do it. This Council makes the descision, I don't. I can only come up here and make recommendations. The last budget prepared by the Clerk's Office, before I came here, had the Clerk's expenses in three different departments; the executive, finance and administration and other governmental services. I was the one that included them all under finance and administration last year. But since we're going to get into microfilming this year and there is a major expense, I said maybe we better separate this thing so we can see where these monies are being spent. Nothing is being taken away from Mrs. Thomas, she is still the Finance Officer." 3164 Attorney Pierce asked "then you don't intend to separate the Finance Department ?" Administrator Fellows answered "I can not say what the Council will do." Councilman Burk interjected, "we may very well do that. But the Council has the authority to do that, if the Council chooses to do this to the betterment of the City of Okeechobee and a majority agrees to this. This is why we are here. We are also elected officials, we also know what we are doing and we know what the laws are, we have a counsel to advise us. We have had, and it's not an indictment on anyone, but we have had in our Finance Department, problems. The two particular ones mentioned earlier where something that first made me think we need a Finance Department. We had a situation where hand written checks were not being vouchered and sent before the Council. That was straightened out by the department head after it was brought to her attention. The rumors that are circulating in the barbershops, beauty parlors and on the street make it seem like the Council doesn't know what they are doing and that we're having some smoothy pull something over on us. Speaking for myself, I know exactly what's been going on, that's my job. I know a lot more than those getting their information from the newspapers, etc. I have to be respon- sible to not only what is in the law and the advise we get from the attorney, but for what I personally think is right as an elected official for this City. And that's the basis that I have always made my decisions on. I think the time has come we should split this up, that we could budget for it and have it there if we need it." Citizen Sam Thomas was opposed to a County resident having anything to do with City taxes. Mr. Thomas felt it is neither legal or right. Attorney Conlon advised it was perfectly legal and permissable for a County resident to work for the City. Attorney Pierce stated "I don't doubt the Council's ability to do so, as I said before, I am not presenting a legal issue here tonight. I am not saying that you don't have the ability to do so nor am I saying that it would be illegal for you to do so. All I am saying is that I am presenting the viewpoints of the folks who have signed this petition in this particular area of law that you are looking at here tonight. Also, I would like to say it is not my intention to attack the City Administrator." City Clerk Bonnie Thomas clarified, "in 1979, my first year in office, the Thirty Thousand Dollars ($30,000.00) was payment to Engineer Fredrick Bell regarding the 201 Facility. These bills came to us from the County Commissioners and were detailed invoices with percentages to be paid by the City and County. The procedure for this was to send the invoice to L.C. (Director of Public Works) and he would tell us whether it was okay to pay. Then we presented it to the Finance Officer (at that time Councilman Lytle Raulerson) who approved it, along with the Council, for payment. 3165 3 When Mr. Fellows was hired he felt the City was paying the engineer too much money. In his investigation of the charges and payments from this particular engineer, Mr. Fellows discovered the overpayment. These books had already been audited by an auditor who did not catch it, because it was a bonafide, legitimate looking invoice, and the Finance Director okayed it, this Council okayed it, and my office paid it. As far as the One Hundred Thousand Dollar ($100,000.00) C.D. (Certificate of Deposit), there had been a lot of adverse publicity on Savings & Loans throughout the State. When this came up I was bidding out the C.D.'s and discussion came up between Mr. Fellows and I, and we were not sure what we should do. To the best of my recollection I voided the check and rewrote it when Mr. Fellows opposed putting it in Flagship Bank for less interest. I would like to check my records before I am accused of something I didn't do." Citizen Mary Dixon stated, "I resent the taxpayers being told they only get their information off the street or in a barbershop, beauty shop, etc. I think it is very rude and uncalled for, to state such a thing in a public meeting." Chairman Douglas stated, "in regard to the money involved, talking about a high priced City Administrator. It was all done openly in public meetings with adequate advertising. Anyone that shows interest in the City should have known about it." Chairman Douglas then listed some of the savings in tax dollars brought about by Mr. Fellows since his arrival: $12,000 - On the garbage collection $2,000 - United Telephone Franchige $ 1,750 - In Comprehensive Plan $4,000 - Trade -in on old computer $30,000 - 201 overpayment $6,000 - Negotiated audit fee $136,000 - Renegotiation of engineering fees $15,000 - Dean's court sidewalks $15,000 - Negotiated and received from the by negotiating with the Road and Bridge Fund County. Douglas stated, "he has more than paid for any salary that he has received from the City. In regard to the problem that has arisen, I was handed a piece out of the Post /Times, September 18th. In the legal ad they have listed the Town Clerk and Finance Department separated in Stuart. There are more in the State of Florida that are separated than not. This was set up in March as a Finance Department, then set up in the budget separately, so that we would know what the expenses are incurred in the Finance Department. We want to know what expenses are incurred by the City Clerk's Office, as an office. Just as we have the Water Department, the Fire Department, Sewer Department and all the other departments itemized. Thanks again to Mr. Fellows, our budget has been set up on the State accounting system so that we have a complete itemized budget. Now we can go to any department to see what it costs to run that department;where the monies are coming from and how much is being spent. So I have no problem with this. 3166 The setting or adopting of this budget tonight doesn't relieve Mrs. Thomas of her job as Finance Officer. And like she said, Mr. Raulerson was head of finances prior to her, I was Chairman of Finance prior to Mr. Raulerson, Mr. Domer was prior to that and Mr. Hunt was Finance Chairman for years. So they have handled the Finance Department of the City ever since I have been on the Council and I've been here twelve (12) years. Mrs. Thomas has been doing a good job. Like Mr. Burk says, we all make mistakes, so we are subject to those mistakes, so we have to work with them and deal with them." Councilman Watford commented, "I can understand the frustrations of our fellow citizens here. Mr. Burk said he could not understand how all this got started or why all the sudden interest in this particular part of the budget, why it is being split. I can understand how the people feel. If you notice we have somewhat of a pattern developing. We appointed an Administrative Assistant and then that became an Administrator. Then we create a Finance Department, then the next step we split the budget. Then it would be a logical assumption to say that the next step would be to appoint a Finance Director. Unfortunately we have gotten personalities intermixed with the positions. What we should be thinking of are just the positions,not the people that are currently in those positions because we all know that can change. There are a lot of changes going on at City Hall. Anytime we have changes like this we are going to have conflicts. The issue before us is, are we going to take these steps. That's what most of our audience is worried about, 'are we going to take that next step ?' As I have said before, I don't think we are to the position yet where we should take it. I understand the reasoning of both sides, there are pros and cons both ways. Personally, I believe that the way we are right now is the best for our system. I base that on the balance that we have, because I think it is very good that we have another elected official that actually controls the finances. I think we need the balance of power. It would probably be more efficient to have everything under one person, and if this were a regular business I would agree with that. The problem is, it is not. In a private business the owner can spend every cent he's made on whatever he chooses. We have a public trust here, it is the public's money we are spending and therefore, we need to have that double check on everything. That is why I think, at least at this time, we ought to leave it the way it is." Citizen Marvin Wheeler felt that all the things pertaining to these changes were not always discussed in the public hearings. Attorney Conlon advised Mr. Wheeler that that would be in violation of the Sunshine Law, and assured him this has not happened. Citizen Andy Rubin stated, "I have not missed a meeting in nearly two years. 3167 And as a spokesman for the Taxpayers Association, have opposed every change and amendment leading up to this point. The subject tonight is the petition signed by nearly two hundred fifty (250) citizens. We only need ten percent (10 %) to call for a referendum, and we will if need be. We do not want this split budget." Citizen Thomas Elmore state, "I don't think the question is whether the Council feels they need a Finance Department. I personally, being in business, know a lot of people that handle more money than the City, and they don't have administrators, finance officers, a City Clerk, an attorney or five Councilmen looking over those aff- airs. Checks and balances is a real good way of doing business. I think when you break it down into departments that's good so the Councilmen can keep up with the amount of money that they're spending. What the City people are saying to you is it's alright if you create a finance department but don't take control of it away from the City Clerk. I don't think the amount of money that the City handles warrants a finance officer. I think that the five(5) Councilmen that are elected by the City and the City Clerk are answerable to the people within the City. In short, the people are saying they want the finances kept under the direction of the City Clerk, so that she is answerable to the people as well as to the City Council." Mr. Elmore continued, "I can remember not to long ago that no one wanted consolidation for the City and County because of the biggest issue, an 'administrator'. They wanted their elected officials to run the government. Now we've done it in the City. We've gone from an administrative assistant to an administrator. Now we're going to break up everything into departments and give it to the administrator. I don't question the ability of Mr. Fellows to handle his job. I think he's capable. But the amount of power placed in one individual or in a certain department has got to cease somewhere. Therefore, I would strongly suggest and highly recommend that if you create a Finance Department and split the budget that you do it strictly under the direction of the City Clerk, answerable to the people and the Council." Administrator Fellows asked to make one short comment, "there are four or five other departments in the City; Police, Fire, Public Works and Planning & Zoning. These people do report to me. We meet, just as the City Clerk has been invited as a courtesy to attend these department head meetings. I am confident that none of them can say that I have given them any orders contrary to the best interest of our community. I am here representing the community and working for this Council. I also, want to point out that being an elected official does not make you more honest than being an appointed one. Integrity is not something you elect to office, you either have it or you don't. I don't claim to be perfect, but I do claim that I know what I am doing. That I'm trying to act in the best interest of the community, that I can work with Mrs. Thomas whether she is the Clerk, elected, appointed or otherwise, and I hope it will continue that way. As far as being answerable to the public, you know when an elected 3168 steals money you have to go through a big process to get them removed. If I were to steal money, I could be fired tonight, all it takes is three votes." Citizen Tom Elmore added, "I can see when you create a new department you create new jobs. If a finance department head is appointed, they are going to require an office, a secretary, equipment, etc. Mrs. Thomas handles these things and evidently very capably. Unless some Councilman can show the people of Okeechobee County that Mrs. Thomas is not efficient, able or capable to handle those two departments, should you make them two departments, and that she can't oversee them with the people that she has now; and should you appoint someone out of her office, then they would have to be replaced. I can see complications within the budget of making new departments and coming up with more help. And I think now, with the economic situation, most of us are laying people off and I think that the City Council has to look at the people's money that they are working with in the same respect." Councilman Burk asked to respond, "we seem to be skipping over the fact that this department was created back in March, with all the necessary hearings, and so forth that was required of us. We created this department with the other eight or nine back in March. This department is a fact, we are not creating it tonight. Now, as far as taking something away from the Clerk's office, this is now in the Clerk's office, it has to be budgeted for, it costs no more to split the finance part of it out, make it separate and make it a finance department. It doesn't mean that the City Clerk is being relieved of the responsibility of being the finance officer. It simply means that we are budgeting the funding for this particular department;same department, same people. We are not setting up a great department and buying new furniture and hiring several people. This is a continuation of an on going process. The illusion that is given that Mr. Fellows, if this department is budgeted for, suddenly becomes the head of all of it. I don't know where it comes from. Mr. Fellows has his job." Mr. Elmore asked Councilman Burk, "would it not be true that with the finance department set up, the Councilman then saw fit at their next meeting to appoint a finance officer, would it not then become under the direction of Mr. Fellows, the City Administrator? Under the way you have written your particular ordinances and changes and these departments, would it not in effect become under the direction of Mr. Fellows ?" Councilman Burk questioned, "who is Mr. Fellows under ?" Mr. Elmore answered, "he is the City Administrator under the City Council. What I am saying is why take the control away from the City Clerk who is an elected official as well as you are. Unless you can prove that she has inefficiently done the job." Councilman Burk stated, "for the same reason that someone read earlier why they did that in Stuart. They had the same oppostion. The only answer I can give you is the same onetha.t Mr. Overland said in the article, 'one person can't do it all.' 1 TV T 3169 3 For the first time we're moving to sound fiscal management.' Management and the Clerk's record keeping are two different functions, they always have been." Mr. Elmore noted, "lets look at the budget. You are comparing Stuart with Okeechobee. That's like comparing apples to oranges. The amount of money that is budgeted for Okeechobee County is a tremendous amount; and as for budgets in Stuart and cities all along the coast, these municipalities have finance people, but you are talking about a great deal more money as compared to the Okeechobee City budget." Councilman Burk added, "I am aware of that. I am also aware of the fact that many cities have found themselves in the position of not making preparation ahead for good management, whether it be fiscal or otherwise. Hopefully this Council has been businesslike enough over the years to have foreseen some of our problems, faced them and bit the bullet whenever necessary. Sometimes we had a lot of opposition to it. When we started up with the process of the City Administrator , there were some people who were opposed to it because they saw this being some individual who would come in and take over the City of Okeechobee. Forgetting, apparently, that there were Councilmen up here answerable to the public. After a resonable period of time the Council, in its wisdom, decided that Mr. Fellows — should be the City Administrator because we don't have a Mayor like they have in larger cities. The Council determined that we needed somebody here, on the job, everyday, to make sure things were going smoothly. Mr. Fellows has performed magnif icently. The department has been created, when we created all the other department. It is necessary, I think, to budget for this department. It may be that Mrs. Thomas, for the next five years, will be the City of Okeechobee's finance officer. Also, the desk may stay right where it is, the person who is now handling most of the finance may be that same person. I don't know. When the Council, in its wisdom, will decide that we have grown to the point to where we will actually appoint a finance officer. But I think it is necessary that we go ahead and budget for the position." Mr. Elmore asked, "if what you say is true then why was Mrs. Thomas offered the opportunity to resign as City Clerk to be appointed finance officer ?" Administrator Fellows stated, "I have to take the responsibility for that. It was just like any kind of internal discussion that you might have, Mr. Elmore, with any of the people that work with you, not under you, but with you. These were ._ just discussions of alternatives, the best way of doing things. There was never any intention, nor can I ever make any elected official resign. I simply was trying to let Bonnie know everything that was happening so that there would be nothing going on behind her back; so that she was fully aware of what might take place some time down the road. The Council did not authorize me to discuss this with her, they 3170 don't authorize me to discuss other things with the staff. They were nothing more than internal discussions." Mr. Rubin stated the Council has budgeted an additional amount of money for a finance positon or for the Clerk's office. Administrator Fellows pointed out "that in the original budget" finance and Administration', was a One Hundred Forty -Five Thousand Dollar (145,000.00) budget. When it was split out, the two budgets together, Finance and Clerk, is about Ten Thousand Dollars ($10,000.00) more than that combined because we were going to add a microfilming piece of equipment. So the two budgets are identical in cost to the City with the exception of the additional Ten Thousand Dollars ($10,000.00) for microfilming." Councilman Chapman asked to comment, "before Mr. Fellows came here we used to have problems, not in finance but the City as a whole. The changes have been beneficial, we should continue to go forward. It is time the arguing stopped. It is just the straw vote. If this many people voice an opinion, as with the fluoridation issue, then the change should be voted down. It will be a step backwards though. We are not out to hurt the City, this is our home." Citizen Elmore stated, "the people are not saying that the City officials are not capable of handling things. What the people of Okeechobee are saying is, you've created a finance department. Put it under the direction of the City Clerk. And later should you prove to the people that the amount of money being handled should be handled by a separate department, then possibly make the change. But right now, leave it the way it is. Then if we should see that a finance director and office is necessary, you would see the support of the people." Citizen Frank Altobello concurred with Mr. Elmore by stating, "we're not here to indict Mr. Fellows, Mr. Watford, Mr. Conlon, Mayor, Mr. Burk or Mr. Chapman. We see the City reaching a certain level, you're doing a good job. Mr. Fellows is doinga good job. But I am getting concerned, if the bureaucracy that is ruining this country isn't starting to take hold in the City of Okeechobee, by creating these additional offices. Okeechobee is too small. Let's leave it as it is, if we grow to 5 -6 -7 million dollars then take another look at it." Councilman Watford reiterated, "I understand what the people are trying to say. This is just one step in the process to name a finance director. Many people believed the first step to naming an administrator was to name an administrative assistant, and it just progressed. Most people feel this is the same process. I think the people are trying to tell us they don't want us to take the last step, which is to name a finance director; and they don't want us to take the next to the last step which is to split the budget. Because if we do split the budget, I i i 3171 1 3 — think most people realize, it's just a matter of time until filled. The extra steps are not necessary. If we're not director, it's not necessary.I agree, if we pass the budget change a thing, but it will make it much easier a month from or six months from now to change it." Citizen Elmore noted, "Three Million Dollars ($3,000,000.00) but when you have five Councilmen and an elected City Clerk keeping the Council informed then Three Million Dollars ($3,000,000.00 great deal of money." With no further discussion, Councilman Chapman moved as is and not split the budget, seconded by Councilman Watford. and Watford voted yes. Councilman Burk and Douglas voted not carry. Councilman Knight was absent. Citizen Mary Frances Dixon asked for clarification on Chairman /Mayor votes in lieu of a tie. The vote was two Citizen Elmore asked if the Mayor had the right to create Chairman /Mayor Douglas stated he had the right to vote on Council continued the discussion with those present splitting of the Clerk's budget. The meeting recessed for five minutes to await the arrival Knight who was telephoned. Chairman Douglas called the meeting back to order and activities for Mr. Knight. Councilman Burk moved to adopt the ordinance to approve as presented. Motion died for a lack of a second. .Councilman Watford moved to amend the budget to combine that positon is going to name a finance as amended , it will not now, two months from now is a lot of money, with an administrator )is not a to leave the Clerk's office Councilman Chapman no. Vote tied, motion did the vote, noting the Councilmen for, one against. a tie by voting. every issue if he wishes. regarding the proposed of Councilman Jim summarized the evening's the General Fund Budget the finance and Clerk's Councilman Watford, voted no. Ordinance as amended Councilman Chapman, did not carry because said ordinance. The from last year's offices as it was originally, seconded by Councilman Knight. Knight and Chapman voted yes. Councilman Burk and Douglas Councilman Chapman moved to adopt the General Fund Budget for the fiscal year 1982/83, seconded by Councilman Knight. Knight and Watford voted yes. Councilman Burk did not vote. Attorney Conlon advised that the motion to adopt the ordinance it lacked the four - fifths vote required in Section 3, of four - fifths requirement, which is no longer in effect, came statute on the roll -back rate increase. 1 1 TT TI 3172 Chairman Douglas read the corrected ordinance section as follows: SECTION 3. That this ordinance was proposed, considered and adopted under the laws of Florida and was enacted by a majority vote of the City Council and shall become effective upon its final passage. Councilman Watford moved to amend the ordinance to read "a majority vote of the Council ", seconded by Councilman Knight. Councilmen Knight, Chapman. and Watford voted yes. Councilman Burk did not vote. Motion carried. Councilman Watford then moved to adopt the ordinance to approve the budget as amended, seconded by Councilman Chapman. Councilmen Knight, Chapman and Watford voted yes. Councilman Burk opposed. Motion carried. ADJORNMENT There being no further business the meeting adjourned at 9:15 P.M. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee Edward W. Douglas, Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE REGULAR MEETING TUESDAY, SEPTEMBER 28, 1982 The City Council of the City of Okeechobee, Florida, met in Regular Session at 7:00 P.M., Tuesday, September 28, 1982, in the City Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida. Chairman /Mayor Edward Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman /Mayor Donald Burk, Vice Chairman James H. Knight Dowling Watford Oakland Chapman Others present were: Bonnie S, Thomas, City Clerk Richard C. Fellows, City Administrator L.C. Fortner, Jr., Director of Public Works David M. Conlon, City Attorney James Broome, Consulting Engineer LRrry Mobley, Police Chief L. Keith Tomey, Fire Chief Janice M. Mann, Deputy Clerk AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS SPECIAL MEETING SEPTEMBER 20, 1982 7:00 P.M. I. Public hearing and adoption of an Ordinance setting the millage rate for the City of Okeechobee for the fiscal year beginning October 1, 1982. II. Public hearing and adoption of an Ordinance establishing a budget of anticipated revenues and proposed expenditures for the City of Okeechobee fiscal year beginn- ing October 1, 1982. III. Adjournment Note: In accordance with Chapter 200.065(e)1, the first substantive issue to be discusse shall be the percentage increase in millage over the rolled -back rate necessary to fund the budget, if any, and the specific purposes for which ad valorem tax revenues are being increased. During such discussion the governing body shall hear comments regarding the proposed increase and explain the reason for the proposed increase over the rolled -back rate. The general public should be allowed to speak and to ask questions prior to adopti of any measures by the governing body. The governing body shall adopt the tentative or final millage rate prior to adopting its tentative or final budget.