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1985-01-07 Regular Meeting3588 84 -1 84 -51 84 -51 8451 REGULAR MEETING MONDAY, JANUARY 7, 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 Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman Oscar Thomas, Councilman Oakland Chapman, Councilman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia J. Wilkerson, Deputy Clerk AGENDA ITEMS # II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Ray Feather, Pastor of the Grace Brethren Church, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF 12 -10 -84 Chairman Douglas asked if there were any corrections, additions or deletions to the minutes of the Regular Meeting of December 10, 1984. Councilman Thomas moved that the minutes be approved. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM //V - COUNTY JUDGE BURTON CONNER TO CONDUCT SWEARING IN CEREMONY FOR COUNCILMEN -ELECT R.R. "NICK" COLLINS AND ANDY RUBIN Chairman Douglas stated that Judge Burton Conner was going to conduct the swearing in cermony for Councilmen -elect R.R. "Nick" Collins and Andy Rubin. At this time Judge Conner asked that Mr. Collins and Mr. Andy Rubin, along with their wives, come forward and stand in from of the podium. Mr. Nick Collins and Mr. Andy Rubin were both sworn in as City Councilmen for the next four (4) years. Chairman Douglas welcomed the new Councilmembers and stated that as a Councilman, one of their first duties was to help nominate and elect a Mayor for the City Council to serve the next two (2) years. AGENDA ITEM IfVI - MAYOR EDWARD DOUGLAS TO CALL FOR NOMINATIONS FOR THE POSITION OF MAYOR OF THE CITY OF OKEECHOBEE Chairman Douglas asked the Council for nominations for the position of Mayor. Councilman Rubin nominated Councilman Chapman for the position of Mayor for the years 1985 -86. Chairman Douglas asked Council if there were any other nominations. There being none, Chairman Douglas asked for a vote on the nomination electing Councilman Oakland Chapman as Mayor of the City of Okeechobee. Councilmen Rubin, Thomas, Collins and Douglas were in favor of the motion. Therefore the motion carried. Councilman Douglas congratulated Chairman Chapman for being elected Mayor of the City of Okeechobee. Mayor Chapman thanked the members of the Council for electing him Mayor. AGENDA ITEM /VII - MAYOR -ELECT TO CALL FOR NOMINATIONS FOR THE POSITION OF VICE MAYOR Chairman Chapman asked for nominations to the position of Vice Mayor. Councilman Collins nominated Councilman Rubin for the position of Vice Mayor. Councilman Douglas nominated Councilman Thomas. Councilman Thomas declined. Chairman Chapman asked if there was a motion to cease the nomination. Councilman Thomas made the motion. Councilman Collins seconded the motion. Motion carried. Chairman Chapman asked for a vote on the election of Councilman Rubin as Vice Mayor. Councilmen Thomas, Collins and Douglas were in favor of electing Councilman Rubin as Vice Mayor. Chairman Chapman agreed with the Councilmen. Motion carried. 3589 3 - - 84 -54 84 -19 84 -51 Chairman Chapman congratulated Councilman Rubin for being elected Vice Mayor. AGENDA ITEM if VIII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE PROVIDING A 10% CASH DISCOUNT FOR TIMELY PAYMENT OF SEWER SYSTEM CAPACITY CHARGES AND CONNECTION FEES Chairman Chapman introduced the agenda item and stated a motion was needed for the ordinance to be read into the minutes by title only. Councilman Douglas made the motion. Councilman Collins seconded the motion. Motion carried. Chairman Chapman read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE IV; SECTION 18 -561 TO PROVIDE A NEW SUB - PARAGRAPH (d) PROVIDING A TEN PERCENT DISCOUNT ON ,SEWER CONNECTION FEES AND SYSTEM CAPACITY CHARGES WHEN SAID FEES ARE PAID IN FULL, IN CASH, BETWEEN JANUARY 14TH, 1985 AND APRIL 12TH, 1985; PROVIDING AN EFFECTIVE DATE. Discussion from the audience was called for. There was no response. Councilman Rubin stated that he agreed with the ordinance giving a 10% discount and moved that the ordinance be approved. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM # #IX - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE TO AMEND THE ADMINISTRATIVE CODE TO CREATE THE DEPARTMENT OF PUBLIC UTILITIES AND PROVIDE FOR THE APPOINTMENT OF A DIRECTOR Chairman Chapman asked for a motion to read the ordinance by title only. Councilmen Douglas and Rubin made the motion. Councilman Collins seconded the motion. Motion carried. Chairman Chapman read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 2, ARTICLE III, SECTION 2 -47 TO ELIMINATE THE RESPONSIBILITY OF WATER AND SEWER FACILITIES,. LIFT STATIONS AND TREATMENT PLANTS FROM THE DEPARTMENT OF PUBLIC WORKS; CREATING SEC- TION 2-47.a UTILITIES DEPARTMENT; PROVIDING FOR DUTIES AND RESPONSI- BILITIES; PROVIDING FOR A DIRECTOR; AMENDING CHAPTER 18, WATER, SEWERS AND SEWAGE DISPOSAL TO PROVIDE WITHIN THE CHAPTER, IN ALL INSTANCES, THAT THE DIRECTOR OF PUBLIC UTILITIES SHALL REPLACE THE DIRECTOR OF PUBLIC WORKS AS THE RESPONSIBLE INDIVIDUAL; PRO- VIDING AN EFFECTIVE DATE. Comments from the audience were called for. Members of the audience asked that the Council speak louder so they could be heard. Discussion ensued concerning the City purchasing a PA system for the Councilmembers. There being no comments from the audience on the ordinance , Chairman Chapman asked for Council's discussion. Councilman Rubin stated that he was concerned with the legality of the ordinance having two subjects. Attorney Conlon stated that he felt the ordinance was only speaking of the one subject and he did not feel there would be any problems with the legality of the ordinance, but if Council wished the ordinance could be re- written. Chairman Chapman asked if there were any other comments concerning the ordinance. Councilman Collins made a motion that the ordinance be passed. Councilman Rubin seconded the motion. Chairman Chapman asked for audience comments. No response. Chairman Chapman asked for a vote on the motion. Councilmen Collins, Rubin, Douglas and Thomas voted for the motion. Motion carried. AGENDA ITEM 4/X - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE SETTING FORTH THE REQUIREMENTS FOR QUALIFYING FOR THE OFFICE OF COUNCILMAN OR CITY CLERK Chairman Chapman asked Clerk Thomas to explain the ordinance to the Council. Clerk Thomas explained the purpose of this ordinance amendment is to delete the reference to a residency requirement since it is no longer legally appropriate. 1 T T T T T 7 I 3590 84 -10 Chairman Chapman asked for a motion to read the ordinance by title. Councilman Douglas made the motion. Councilman Thomas seconded the motion. Motion Carried. Chairman Chapman read the title as follows: AN ORDINANCE AMENDING ORDINANCE NO. 387 PRESCRIBING QUALIFYING FEES FOR CONDIDATES FOR THE OFFICES OF CITY CLERK AND CITY COUNCILMAN; PROVIDING A CANDIDATE FOR THE OFFICE OF CITY CLERK OR CITY COUNCILMAN BE A RESIDENT OF THE CITY OF OKEECHOBEE AT THE TIME OF QUALIFICATION; PROVIDING AN EFFECTIVE DATE. and asked for discussion from the audience. No response. Councilman Rubin questioned the need of the ordinance stating a) Be a duly qualified elector of the City and b) Be a duly qualified elector of the County. Clerk Thomas stated that she followed an old ordinance date 1962 which included part(b). Attorney Conlon stated that State law requires us to eliminate (c) which states: " c) Be a resident of the County of Okeechobee for not less than one (1) year immediately preceding the date of said city election, and be a resident of the City of Okeechobee for not less than forty -five (45) days." and change it to read: " (c) Be a resident of the City of Okeechobee at the time of qualifying for said city election." and possibly at the same time eliminate section (b): Be a duly qualified elector of the County of Okeechobee. Councilman Rubin stated he would like to see the ordinance tabled at this time, allowing research to be done on the possibility of changing the qualifying fee form $50.00 to 10% of the position or office the candidate is running for, which would make money for the City. Councilman Rubin then made a motion that the ordinance be tabled for further research. Chairman Chapman asked if there was a second to the motion. Motion died for lack of a second. Attorney Conlon asked Chairman Chapman if he could speak concerning the ordinance being tabled. Chairman Chapman agreed. Attorney Conlon stated that the ordinance had already been advertised. The ordinance could be amended at another time after it is advertised again, but he suggested the City comply with the law changing the residency at this time. Chairman Chapman asked if there was a rrption to approve the ordinance. Councilman Collins moved that the ordinance be adopted as read. ,Councilman Douglas seconded the motion. Councilman Rubin stated, "I abstain until I search it." Motion carried. AGENDA ITEM #XI - INTRODUCTION OF AN ORDINANCE AMENDING THE ORDINANCE HAVING TO DO WITH GENERAL, POLICE AND FIRE RETIREMENT SYSTEMS, TO PROVIDE THAT CREDIT FOR MILITARY SERVICE MAY ONLY BE PURCHASED AFTER FIVE YEARS OF SERVICE AND THE SETTING A PUBLIC HEARING FOR JANUARY 21, 198.5 Chairman Chapman introduced the agenda item being the introduction of ordinances amending the general, police and fire retirement systems to provide that credit for military service may only be purchased after five (5) years of service, and the setting of a public hearing for 1- 21 -85. Chairman Chapman asked for a motion allowing the ordinance to be read by title only. Councilman Douglas made the motion. Councilmen Rubin and Collins seconded the motion. Motion carried. Chairman Chapman read the ordinance title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419 SECTION III, SUB- PARAGRAPH H 2, TO PROVIDE ELIGIBILITY FOR CLAIMING MILITARY SERVICE CREDIT; PROVIDING AN EFFECTIVE DATE. and opened the floor for discussion. There being no discussion, Chairman Chapman asked for a motion setting a public hearing on January 21, 1985. 3591 3 84 -48 Councilman Douglas moved to set a public hearing. Councilman Thomas seconded the motion. Chairman Chapman asked for a vote. Councilmen Douglas, Thomas; Collins and Rubin voted for the motion. Motion carried. Chairman Chapman asked for a motion to read the ordinance by title only. Councilman Thomas made the motion. Councilmen Douglas and Collins seconded the motion. Motion carried. Chairman Chapman read the title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 420 SECTION'III, SUB - PARAGRAPH H 2, TO PROVIDE ELIGIBILITY FOR CLAIMING MILITARY SERVICE CREDIT; PROVIDING AN EFFECTIVE DATE. and asked for discussion. No response. Chairman Chapman asked for a motion setting a public hearing on January 21, 1985. Councilman Douglas made the motion. Councilmen Rubin and Collins seconded the motion. Chairman Chapman asked for a vote. Councilmen Douglas, Rubin, Collins and Thomas voted for the motion. Motion carried. Chairman Chapman asked for a motion to read the ordinance by title only. Councilman Rubin made the motion. Councilmen Douglas and Collins seconded the motion. Motion carried. Chairman Chapman read the ordinance title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 421 SECTION III, SUB- PARAGRAPH H 2, TO PROVIDE ELIGIBILITY FOR CLAIMING MILITARY SERVICE CREDIT;PROVIDING AN EFFECTIVE DATE. and asked for discussion. No response. Chairman Chapman asked for a motion setting a public hearing on January 21, 1985. Councilman Rubin made the motion. Councilman Douglas seconded the motion. Councilmen Rubin, Douglas, Thomas and Collins voted for the motion. Motion carried. Chairman Chapman asked the audience for public comments. No response. AGEND\ ITEM #XII - INTRODUCTION OF AN ORDINANCE TO INCREASE THE FINE FOR VIOLATION OF THE HANDICAPPED PARKING REGULATIONS FROM $25 TO $100 AND SETTING OF A PUBLIC HEARING FOR JANUARY 21, 1985 Chairman Chapman introduced the agenda item and asked if there was a motion to read the ordinance title. Councilman Douglas made the motion. Councilmen Collins and Rubin seconded the motion. Motion carried. Chairman Chapman read the title as follows: AN ORDINANCE AMENDING ORDINANCA NO. 524 OF THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 17 SECTION 17 -5, SUB- PARAGRAPH 2 TO INCREASE THE PENALTY FOR VIOLATION FROM TWENTY -FIVE DOLLARS TO ONE HUNDRED DOLLARS; PROVIDING AN EFFECTIVE DATE. and asked for discussion from the audience or the council. Councilman Thomas moved to set the ordinance for public hearing on January 21, 1985. Councilman Rubin seconded the motion. Chairman Chapman asked for a vote on the motion. Councilmen Thomas, Rubin, Collins and Douglas were in favor of the motion. Motion carried. AGENDA ITEM / /XIII - ACTION BY THE COUNCIL TO DETERMINE THE MANNER OF CONDUCTING NEGOTIATIONS UNDER THE CONSULTANT'S COMPETITIVE NEGOTIATIONS ACT FOR ENGINEERING SERVICES ON A CONTINUING CONTRACT Chairman Chapman stated that action was needed by the council to determine the manner of conducting negotiations under the Consultant's Competitive Negotiations Act for engineering services on a continuing contract and opened the floor for discussion. Councilman Collins asked for clarification of the engineering services on a continuing con- tract. Administrator Fellows responded by stating, "This is a continuing contract that we presently have for a consulting engineer, who performs a number of routine duties such as: reviewing our sub - division ordinance, bringing our maps up -to -date, attends the meetings. It has nothing to do with projects per se. It is a continuing contract for consulting engineering services in connection with routine Council activities.: Councilman Collins asked, It doesn't have anything to do with the project (sewer project) ?" Administrator Fellows answered, "No ". 3592 84 -6 84 -41 Councilman Rubin asked, "What we have now is what we call part time consultanting en- gineer?" Administrator Fellows answered, "We have an engineer on a retainer which is Broome, Van Ostran and Associates. We pay them $350.00 per month. They attend all of the Council meetings. They review commercial building plans that come through the building department. They revise and update our zoning atlas. They are available to answer engineering questions from members of the staff and members of the Council. And that basically, is what they do for the $350.00 per month." Councilman Rubin stated, "I don't think we really even need this job, in this city. There again we try to save money. If we need an engineer we can hire one. We have three (engineers) lo- cated in our County. I feel that we don't need that appointment in our City ". Chairman Chapman asked if there were any other comments from the Council. Councilman Collins stated, "I am basically of the same opinion. I've talked to Jim about this and he told me that he personally didn't think the city needed a retained engineer either. So - if we have work for the man - we can hire him. But I don't think we need to spend the money, just to put money out there if it is not used. I think it would be fair to pay the man for what he does and that it. And I made up my mind after talking with Mr. Broome ". Councilman Rubin moved that the City delete the retained engineer from the budget, and when the city needed an engineer - they hire one at that time. Councilman Collins seconded the motion. Chairman Chapman asked for a vote on the motion. Councilman Rubin, Collins, Thomas and Ibuglas voted for the motion. Motion carried. AGENDA ITEM /IXIV - ACTION BY THE COUNCIL TO MAKE APPOINTMENTS OR REAPPOINTMENTS TO THE BOARD OF TRUSTEES OF THE VARIOUS PENSION FUNDS OF THE CITY Chairman Chapman stated that action was needed by the Council making appointments or reappointments to the Board of Trustees of the various pension funds of the city. The General Employees Pension Fund - Chuck Elders, Roger Jones and Jim Knight. Chairman Chapman stated that a replacement was needed for Jim Knight. Councilman Rubin recommended Councilman Thomas for the replacement of Jim Knight. Councilman Thomas stated he would rather not be appointed to the board of trustees, and then asked Councilman Douglas if he would like to be appointed to the board. Councilman Douglas stated he would rather not be appointed. Councilman Collins nominated Councilman Rubin. Chairman Chapman asked if there was a second. Councilman Thomas seconded the nomination. Motion carried. The Fire Employees Pension Fund - Marsha Montesi, Ron Suit, Mayor of the City of Okee- chobee. Councilman Rubin stated that he would like to see the mayor stay on the board of trustees. Administrator Fellows stated that the City was required by the statutes that the mayor serve on the fire and police board. Chairman Chapman stated that a motion was needed to appoint the mayor on the fire board of trustees. Councilman Douglas made the motion. Councilman Thomas seconded the motion. Motion carried. The Police Employees Pension Fund - Jerry O'Bannon, Chief Larry Mobley, Mayor of the City of Okeechobee. Chairman Chapman stated a motion was needed appointing the mayor. Councilman Douglas made the motion. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM /IXV - ACTION BY THE COUNCIL TO RATIFY THE ADOPTION OF A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR COMMUNITY DEVELOPMENT GRANT FUNDS Chairman Chapman asked the Administrator to explain the resolution to the Council con- cerning the Community Development Block Grant. Administrator Fellows stated, "Mr. Mayor, on October 1st, the Council voted to file an appli- cation but we did not adopt the resolution which the state requires. In order to have the application filed today, we went ahead with the resolution you have before you tonight. We had the Mayor the City Clerk to sign and attest to it and mail it in. We are asking the council to ratify that action ". 3593 84 -25 Attorney Conlon read the resolution as follows: WHEREAS, the City of Okeechobee is desirous of making an application, to the Department of Community Affairs, for a Small Cities Community Develop- ment Block Grant; and WHEREAS, the Mayor and City Council have selected the target area to be Deans Court and desire that an application be prepared for housing rehabili- tation and neighborhood and commercial revitalization; and WHEREAS, The Mayor and City Council have authorized the Administrator, Fellows, to provide the necessary data to the Central Florida Regional Planning Council for preparing same; A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows: 1. City Administrator Richard Fellows is hereby authorized, on behalf of the Mayor and City Council, to file the necessary applications with the Department of Community,Affairs for a Community Development Block Grant for the Deans Court target area and hereby authorizes said Richard C. Fellows to provide the Central Florida Regional Planning Council the necessary data and supporting documentation for filing same with the Department of Community Affairs. 2. This Resolution shall take effect as provided by law. Introduced and passed in regular session assembled this 1st day of October 1984. Chairman Chapman stated that a motion was needed to ratify and approve the resolution as read. Councilman Thomas asked how the City's chances were of getting a grant. Administrator Fellows stated the City's chances were very good in obtaining a grant this time. Councilman Rubin stated that he had attended a meeting concerning the grant and he felt the City would be receiving a grant. Councilman Thomas moved that the resolution be ratified. Councilman Rubin seconded the motion. Motion carried. AGENDA ITEM #XVI - FURTHER DISCUSSION BY COUNCIL ON THE DESIRABILITY OF OBTAINING THE SERVICES OF AN ENGINEER OR CERTIFIED PUBLIC ACCOUNTANT TO UNDERTAKE A COST OF SERVICE STUDY ON THE CITY'S WATER AND SEWER SYSTEM Chairman Chapman asked Administrator Fellows to explain the service study to the Council. Administrator Fellows stated, "We have discussed whether or not the rates the City charges for water and sewer are equitable as they relate to the people living outside the city limits. We presently charge 25% more for our service outside the City . The statute allows us to charge 50% more. We have discussed whether or not we should have some type of a study done to justify increasing our sur- charge in the un- incorporated areas of the city, because the difference between those living inside the City limits and those living outside the City limits is very small. It is our feeling an initial appraisal of our rates - that out rates should be adjusted, but the Council needs to have some professional back- up and justification to do it. The statute says that if we go to 50% we have to be able to justify it. We, on the orders of the Council, looked into the cost of this and we found prices ranging from $4,000. to $20,000. Engineering firms do this kind of work. Some CPA firms do it. If the Council determines they want to go with an engineer I think they should go with the Consultants Competitive Negotiations Act. If they determine that they would rather work with a certified accountant, you can do that by negotiation by inviting several to come down and discuss with the Council their fees. We have touched T T� T 3594 base with two and there are others available. What we are asking the Council, iishow do you wish to proceed. Do you feel it would be more appropriate to hire an engineer to look into this or do you feel a certified public accountant would be able to do a better job ?" Councilman Collins stated that he felt a CPA would charge less money than an engineer would. Councilman Rubin asked the Administrator about the CPA's qualifications from Tampa. Administrator Fellows stated that this CPA had completed eight to ten studies such as ours and that he felt the charge would be from $7,000. to $8,000. Attorney Conlon stated, "All we need to do is establish in a public record at a hearing to raise the rates from above 25% to a maximum of 50% financial data to show that it does cost us more to serve outside our limits than it does within. And whoever can testify to that and put those facts and figures on for us - would be sufficient for us. My only question would be - has the person done it (the utility rate study) before, has the person ever done the study where it was later contested in court and if so was he found to be qualified to testify in court. And from a legal point of view that is what I would be looking for. From a financial point of view, I think the only thing the city is looking for is testimony that it does cost us more to do this and at what percentage. By somebody that has testified in Court before and been found by the court qualified - that way they are then qualified from then on to testify. Again - who- ever can do that for the least dollar would probably be the best deal ". Administrator Fellows asked the Council if they would like to have these men come down and discuss with the Council at the next meeting - their background and qualifications. Councilmembers agreed. AGENDA ITEM //XVII - ACTION ON A REQUEST BY THE FLORIDA POWER AND LIGHT COMPANY TO REMOVE A STREET LIGHT FROM JUST NORTH OF THE INTERSECTION OF U.S. 441 AND STATE ROAD 70 Chairman Chapman stated the next agenda item was action of a request by the Florida Power and Light Company to remove a street light from just north of the intersection of U.S. 441 and State Road 70. Councilmembers discussed the request deciding to move the pole back about twenty (20) feet. Director Fortner suggested that Florida Power and Light put light poles on the sides of the intersections and still keep the intersection lighted. Councilmembers agreed. Attorney Conlon stated, "The motion should be to request the Director of Public Works to ask Florida Power and Light that whatever they decided to do with the lights do not deminish our lighting ". Councilman Rubin made the motion as stated by Attorney Conlon. Councilman Collins seconded the motion. Chairman Chapman asked for a vote on the motion. Councilmen Rubin, Collins, Douglas and Thomas were in favor of the motion. Motion carried. AGENDA ITEM // XVIII - MAYOR TO CALL ON AUDIENCE FOR ANYONE WISHING TO ADDRESS THE COUNCIL Chairman Chapman asked if there were any comments from the audience. No response. AGENDA ITEM / /XIV - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS Clerk Thomas presented the Warrant Registers for Council's approval. Attorney Conlon stated the 10 year agreement for water service with Okeechobee Beachwater had been submitted to Okeechobee Beachwater's attorney for approval. The agreement to be returned to Council for mayor's signature after it is approved by the attorney for Okeechobee Beachwater. Attorney Conlon stated the agreement with the School Board was in draft form and sub- mitted to Director Fortner for review and approval. The agreement would then be sent to the School Board for their approval and signature then returned to the Council for final approval and signatures. 3595 - 84 -14 Councilman Douglas stated that he had received a letter from the Okeechobee Contractors Association in regards to the Building Department merger with the County, requesting the City get with the County to discuss the matter. Councilmembers discussed setting a date for a workshop meeting. Council decided on Wed- nesday, February 6th, at 7:00 P.M. in County Commission Chambers. Council discussed the possibility of including the Fire Department merger in the same work- shop, but decided to work on one department merger at a time. Councilman Rubin made a motion to approve the General Fund warrant registers in the amounts of $8,572.68, $91,343.36, $11,764.78, $1,187.10 and $15,629.93. Councilman Collins seconded the motion. Motion carried. Councilman Rubin made a motion to approve the Water and Sewer warrant registers in the amounts of $23,480.36, $14,163.56, $20,061.97, $22,767.30 and $19,856.55. Councilman Douglas seconded the motion. Motion carried. Councilman Thomas asked Chairman Chapman if the Council was going to appoint a member to the Code Enforcement Board. Chairman Chapman stated the Council would appoint a member at the next meeting. ■ Councilman Douglas asked the Council to state their feelings concerning the resignation of City Administrator Richard C. Fellows. Councilman Douglas state that he personally did not like to see Mr. Fellows resign, because he felt he has done an excellent job, he had saved the City a lot of money. He asked the Councilmembers if the City planned to advertise for another Administrator. Councilman Rubin asked that Chairman Chapman read the letter of resignation into the minutes. Chairman Chapman read the letter as follows: The Honorable Mayor and City Councilmen of Okeechobee City Hall Okeechobee, Florida 33474 Gentlemen: During the recent elections some controversy arose regarding whether an administrator, as such, was needed by the City of Okeechobee. This problem is continuing. It may be the City Council can find a person to perform some administrative functions who has less of a professional back- ground and training than I; and who, in turn, could be hired to provide the services at a rate of compensation less than I receive. Therefore, it is my professional opinion it is in the best interest of the community that I tender my resignation, forth- with. I will be available for administrative consultation through January 17, 1985, as needed and required. and asked for discussion by the Council. Councilman Thomas stated he felt that Mr. Fellows had done a great j ob as Administrator, but he was not in favor of hiring an administrator or advertising for an administrator at this time. Councilman Collins stated that he did not feel the City could afford to pay this much money for a City Administrator. Councilman Rubin stated that Mr. Fellows had made several good deals and favors for the City, but since he already had several other jobs waiting for him, he would not block his re- signation and he would vote for it. Chairman Chapman stated that he, along with two other Councilmen, worked hard to have a City Administrator appointed several years ago, to help coordinate the City's business. And since Mr. Fellows was employed, the public and the Council has had more requests met. Chairman Chapman went on to say that the City has capable people on the payroll presently 1 T 111 IT T 3596 that he felt could step into the Administrator's position as an Administrative Assistant. Councilman Collins made a motion that the Council accept Mr. Fellows resignation. Council- man Rubin seconded the motion. Chairman Chapman asked for a vote. Councilmen Collins, Rubin and Thomas were in favor of the motion. Councilman Douglas opposed the motion. Motion carried. Administrator Fellows made several comments to the Council thanking them for the oppor- tunity to serve the City of Okeechobee. Councilman Collins withdrew his first motion and then moved that the Council accept Mr. Fellows' resignation effective immediately. Councilman Rubin seconded the motion. Chairman Chapman asked for a vote on the motion. Councilmen Collins and Rubin voted for the motion. Councilmen Douglas and Thomas voted against the motion. Chairman Chapman voted for the motion. Motion carried. Chairman Chapman stated the Council needed to disucss who was going to take over the position of Administrative Assistant, temporarily. Clerk Thomas read the Administrative Assistant Job description from the City Code book as follows: The city council may employ an administrative assistant who shall also be assistant to the mayor. The administrative assistant shall be the general coordinator of all departments of the city. The administrative assistant will prepare all data for major departmen- tal decisions and policies for presentation by him to the city council at the regular city council meetings. The administrative assistant shall contact and develop consultations with other agencies, offices and departments concerning grants and funding therefor and shall work as liaison for the mayor and city council in discussing and resolving department head problems. The administrative assistant may be responsible for the preparation of the annual city budget and the general administration thereof. The administrative assis- tant shall perform such other duties as may be prescribed by the city council. Councilman Collins made a motion to appoint L.C. Fortner, Jr. as acting Administrative Assistant. Councilman Rubin seconded the motion. Chairman Chapman asked for a vote. Councilmen Rubin, Collins, Thomas and Douglas were in favor of the motion. Motion carried. Chairman Chapman asked Director of Public Works, L.C. Fortner, Jr., whether he would accept the appointment and L.C.Fortner, Jr. personally accepted the position. Director Fortner stated there were two change orders to be discussed with the Council. Engineer Broome stated he wanted to get the Council's feelings on a couple of changes, that could be made now concerning the collection system, and would save the the City money in the future in the expansion of the system. Engineer Broome explained , "In the main pumping stations, if we were to make allowance for a third pump it be added (we would'nt be adding the third pump now) but we would put a cover that is much larger and you would change out the electrical panels. This would be both in the plant and at the pump station at the High School. If you were to make that allowance you would just about double your capacity in the future by just adding the pump. Another change order is at the Southwest section of town where we are installing a collection system. We have a 6" force main. By changing that to an 8" force main you could sewer the lower southwest portion of the City and maybe into the County. A 8" force main would cost about $1.50 to $2.00 a linear foor more than a 6 ". We have to buy about 5,000 feet, roughly $10,000. extra. In the future - if you stay with the present system it will probably cost you in the area of $10. a linear foot (depends how far into the future you go). That is the two items we wanted to bring up tonight, and at the same time maybe I can get some kind of idea for future change orders on your feelings on these kind of change orders ". Council discussed the change orders briefly. Engineer Broome stated the pipe was soon to be purchased and that is why he wanted to ask the Council about the change now. 3597 - } future (approximately order for of -ways, and of -way, but schedule. was going on the force and M &M approved by to approve amount of Councilman carried. to the attorney. if I put a before he could was just passed political and it was right think" all the our minutes, minutes? the minutes part of the You could vote or you want one paragraph the method Councilman asking that, think it's all portion." Chairman Councilman the Council Clerk Councilmembers discussed the change order and agreed the Council should plan for the $10,000. total cost for pipe). Engineer Broome stated he would have the actual cost of the pipe included in a change the next meeting (1- 21 -85). Council agreed. Councilman Rubin commented on the six (6) lift stations being installed on city right - asked Director Fortner to check into the situation. Director Fortner stated the lift stations were supposed to be to one side of the right - he would check into it. Councilman Thomas asked Engineer Broome if the construction work was running on Engineer Broome stated the collection system was fine, ahead of schedule. The plant to be a tight race to finish on schedule (Aug. 1985). In two week there will be 5 crews main and 3 crews on the collection system. Director Fortner stated he had two (2) request for The first payments. one from Taddie Contracting in the amount of $162,522.09 for work accomplished during December. All the Engineer and subject to FmHA's and EPA's approval. Councilman Douglas moved the payment. Councilman Thomas seconded the motion. Motion carried. The second request for payment from Widell & Associates an the Treatment Plant in the $260,946.63. All work has been approved by Engineer. Subject to FmHA's approval. Rubin moved to approve the payment. Councilman Collins seconded the motion. Motion Councilman Rubin stated that he had several items to discuss. The first one being addressed Councilman Rubin asked, "The minutes of three weeks ago was just approved tonight, motion on the floor and it is passed, I can delet anything? If Council so moves ?" Attorney Conlon stated that he believed so, but he needed to know what the motion was answer. Councilman Rubin stated, "At this time, I put a motion on the floor that the minutes that (December 10th, 1984), page 14, for our City Clerk, to delete, and I feel that it is all we have no business in our City minutes of having political junk in our minutes. Maybe in putting them in there. But from the sixth paragraph starting with the eighth line "I way to the bottom. Pll put that into a motion that every bit of that be deleted from because it is nothing but political and I don't think we should have this in the city ". Clerk Thomas asked, "Well, are you saying then, that you prefer not to have verbatim This is up to the Council ". Councilman Rubin answered, "No, I'm not saying that ". Attorney Conlon stated, "The City Charter says that the City Clerk shall keep and take of the City Council ". Councilman Rubin replied, "I 'm not discussing that, I am just discussing deleting a certain minutes ". Attorney Conlon stated, "The Council usually votes if the minutes are correct or not. that you want her (the Clerk) to have summary minutes of transactions from now on verbatim minutes, but it might raise some touchy questions if you start deciding that you want summary and another paragraph you want verbatim. You have to tell her to keep the minutes then you have to make corrections if she took them wrong ". Rubin stated, "I just want, nothing to do with verbatim or nothing, I am not I am just asking to delete what's political, from the 8th line to the bottom. And I do political. And it has no business in our minutes. I made that motion to delete that Chapman asked if there was a second to the motion. Collins stated that the portion concerning him did not bother him. But he felt 2 should decide if they wanted the Clerk to take verbatim minutes of summary minutes. Thomas stated that she would take the minutes either way the Council wanted her to. 3598 Councilman Rubin stated, "I said to keep everything as is, I just wanted this political stuff deleted." Chairman Chapman asked if there was a second to the motion. Motion died for lack of a second. Councilman Rubin stated that the City has 1.54 acres of land which has already lost the City over $100,000.00 of interest, in the four years that the City has owned it. Councilman Rubin made a motion that the City put this 154 acres on the market immediately. Attorney Conlon stated, "I think the motion should be made that the City prepare to put on the market by gathering the sufficient facts that we need to legally sell it." Administrative Assistant and Attorney to prepare necessary information. Councilman Rubin agreed to the wording of the motion. Councilman Thomas seconded the motion. Attorney Conlon stated, "Before you vote, the constructure is that L.C. will look into the advertising and come back to you, how it would be sold, and at what price, who the appraiser is going to be, bring you back the facts so that you can make an official of fer". Chairman Chapman stated that the advertising would be done by the City Clerk. Chairman Chapman asked for a vote on the motion. Councilmen Thomas, Collins and Rubin voted for the motion. Councilman Douglas voted against the motion. Motion carried. Councilman Rubin stated, "At this time, I would like to put a motion on the floor that we advertise for local attorneys in the City of Okeechobee to come forward with the best offer that they can give us and what they would offer us to hold down the City Attorney's job ". Attorney Conlon stated, "I would be happy to meet in a workshop meeting to give you specifications on how you might structure this, some pointers you might look for. There are several ways to do it. The way the motion was stated, I think that you ought to have a workshop and figure out just what you wanted to bid. It is up to you. I will give you whatever support you want on this ". After a lengthy discussion by Councilmembers concerning the motion made to advertise for bids from local attorneys, Councilman Rubin withdrew his motion and requested a workshop session be set up as soon as possible. Council discussed a date for the workshop session and decided on Thursday, January 17th, 1985 at 7:00 P.M. Councilman Rubin asked if the Council could discuss the method of grassing at the Sewer Treatment Plant in the same workshop meeting. Director Fortner and Engineer Broome will have necessary information available for Council. Council agreed. Councilman Douglas stated that he would be attending the Florida League of Cities Board meeting in Tallahassee, Thursday and Friday. He asked the Council if they had any requests for the Board of Directors to have brought before the Legislature. Attorney Conlon suggest the City's power to tax be discussed, so that the City can con- tinue to tax. Mr. Jack Williamson addressed Council and stated that since Mr. Dowling Watford was not elected as a Councilman for the City of Okeechobee, the Council needed to appoint a member of this Council to service on the Central Florida Regional Planning Council as the City's representative. Councilman Thomas moved to appoint Councilman Douglas. Councilman Douglas declined. Councilman Collins moved to appoint Chairman Chapman. Chairman Chapman stated that he would rather not accept the appointment. Chairman Chapman asked Councilman Rubin if he would accept this appointment. Council- man Rubin stated that he would accept the position, but he felt that each member of the Council should assume certain responsibilities, for the City's benefit and for theirselves. Councilmembers agreed for Councilman Rubin be named the representative for the Central Florida Regional Planning Council. -12- AGENDA ITEM IIXV - ADJOURMENT There being no further business to discuss the meeting was adjourned at 9:16 P.M. ATTEST: BONNIE S. T' OMAS, CMC City Clerk City of Okeechobee Oakland R. Chapman, airman City of Okeechobee AGENDA CITY COUNCIL MEETING JANUARY 7, 1985 1. Call to Order. Invocation offered by Public Utilities Director L. C. Fortner, Jr. Pledge of Allegiance led by Mayor Edward Douglas. IV. Approval of the minutes of the regular meeting of December 10, 1984. V. County Judge Burton Conner to conduct swearing in ceremony for Councilmen- elect R. R. "Nick" Collins and Andy Rubin. VI. Mayor Edward Douglas to call for nominations for the position of Mayor of the City of Okeechobee. VII. Mayor-elect to call for nominations for the position of Vice Mayor. VIII. Public hearing and final reading of an ordinance providing a 10% cash discount for timely payment of sewer system capacity charges and connec- tion fees. IX. Public hearing and final reading of an ordinance to amend the Administra- tive Code to create the Department of Public Utilities and provide for the appointment of a Director. X. Public hearing and final reading of an ordinance setting forth the require- ments for qualifying for the office of councilman or city clerk. XI. Introduction of an ordinance amending the ordinances having to do with general, police and fire retirement systems, to provide that credit for military service may only be purchased after five years of service and the setting of a public hearing for January 21. XII. Introduction of an ordinance to increase the fine for violation of the handicapped parking regulations from $25 to $100 and setting of a public hearing for January 21. XIII. Action by the Council to determine the manner of conducting negotiations under the Consultant's Competitive Negotiations Act for engineering services on a continuing contract. XIV. Action by the Council to make appointments or reappointments to the Board of Trustees of the various pension funds of the City. XV. Action by the Council to ratify the adoption of a resolution authorizing the filing of an application for Community Development Grant Funds. XVI. Further discussions by Council on the desirability of obtaining the services of an engineer or certified public accountant to undertake a cost of service study on the City's water and sewer system. XVII. Action on a request by the Florida Power and Light Company to remove a street light from just north of the intersection of U.S. 441 and S.R. 70. XVIII. Mayor to call on audience for anyone wishing to address the Council. XIV. Mayor to call on City Clerk, City Attorney, City Administrator and Councilmen for reports and/or requests. XV. 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The first one being addressed to the Attorney. Councilman Rubin asked, "The minutes of three weeks ago was just approved tonight, if I put a motion on the floor and it is passed I can delete anything? If Council so moves ?" Attorney Conlon stated that he believed so, but he needed to know what the motion was before he could answer. Councilman Rubin stated, "At this time I put a motion on the floor that the minutes that was just passed (DecemberlOth, 1984), page 14, for our City Clerk, to delete, and I feel that it is all political and we have no business in our City minutes of having political junk in our minutes. Maybe it was right ,ce€ putting them in there. But from the sixth paragraph starting with the eighth line "I think," -Do e ...hat? All the way to the bottom. I'll pu that into a motion that every bit of that be deleted from our minutes, because it is nothing but political and I don't think we should have this inthe city." Clerk Thomas asked, "Well /are you saying then that you prefer not to have verbatum minutes? This is up to the Council." Councilman Rubin answered, "No I'm not saying that." Attorney Conlon stated, "The City CHarter says that the City Clerk shall keep and take the minutes la441 the City Council.." Councilman Rubin replied, "I'm not discussing that, I am just discussing deleting a certain part of the minutes." Attorney conlon stated, "The Council usually votes if the minutes are correct or not You could vote that you want her (the Clerk) to have summary minutes of transactions fro now on or you want verbatum minutes, but it rragishe some touchy questions if you start deciding that one paragraph you want summary and another paragraph you want verbatum. You have to tell her the method to keep the minutes then you have to make corrections if she took them wrong." Councilman Rubin stated, "I just want, nothing to do with verbatum or nothing, I am not asking that, I am just asking to delete what political, from the 8th line to the bottom. And I do think it's all political. And it has no business in our minutes. I made that motion to delete that portion." Chairman Chapman asked if there was a second to the motion. Councilman Collins stated that the portion concerning him did not bother him. But he felt the Council should decide if they wanted the Clerk to take verbatum minutes or summary minutes. Clerk Thomas stated that she would take the minuteseither way the Council wanted her to. Councilman RUbin stated, "I said to keep everything as is, I just wanted this politic stuff deleted. If it is not _deleted_ then we can be subJect to -put in 100% more. That's all I'm asking.' But I know I_ myself will use it in the future, putting political stuff inthe minutes. c tCt2:t -21- Chairman Chapman asked if there was asecond to the motion. Motion died for lack of a second. Councilman Rubin stated that the City has 154 acres of land which has already lost the City over $100,000.0O of interest, in the four years that the City has owned it. And then made a motion that the City put this 154 acres on the market immediately. Attorney Conlon stated, "I think the motion should be made that the City prepare t�^ tA_°arVhe^nslirkettbvn the slyrf4sireen tn =art hat�e. need_tg le8a11 y sell it." Councilman Rubin agreed to the wording of the motion. Councilman Thomas seconded the motion. ~7' Attorney Conlon stated, "Before you vote construture is that L.C. will look into the advertising and come back to you, how it would be sold, and at what price, who the appraiser is going to be, bring you back the facts so that you can make an official offer." Chairman Chapman stated that the advertising would be done by the City Clerk. Chairman Chapman asked for a vote on the motion. Councilman Douglas opposed. M .C. Councilman Rubin stated, "8t this time, lv,ou1d like to put a motion on the floor that we advertise for local attorneys inthe City of Okeechobee to come forward with the best offer that they can give us and what they would offer ta.€43.44P us to hold down the City Attorney's job." Attorney Conlon stated, "l would be happy to meet in a workshop meeting to give you specifications on how you might structure this, some pointers you might look ±or. There are several ways to do it. The way the motion was stated, l think that you ought to have a workshop and figure out just what you wanted to bid, It is up to you, l will give you whatever support you want on this." After a lengthy discussion by Councilmembers concerning the motion made to advertise for bids from local attorneys, Councilman Rubin withdrew his motion and requested a workshop session be set up as soon as possible. Council discussed a date for the workshop session and decided on Thursday, January l7th, 1985 at 7;00 P.M. Councilman Rubin asked if the Council could discuss the method of grassing at 1� ��� �� '��� �th� ����k�� ) g. Dir. Fortner unu cn�/neer uruorne navc neceasary /n�ocnnauun �°uuuu^c zor .~0V��O� Council agreed:'. Councilman Douglas stated that he would be attending the Florida League of Cities Board Meeting in Tallahassee, Thursday and Friday. He asked the Council if they had any requests for the Board of Directors to have brought before the Legislature. Attorney Conlon suggested the City's power to tax be discussed, so that the City can continue to tax. Mr. Jack Williamson addressed Council stated that since Mr. Dowling Watford was not rc4f6eet=el as a Councilman for the City of Okeechobee, the Council needed to mesa ppuint another member of the Council to serve on the Central Florida Regional Planning Council as the City's representative. Councilman Thomas moved to apponit Councilman Douglas. Councilman Douglas declined. Councilman Collins moved to appoint Chairman Chapman. Chairman Chapman stated that he would rather not accept the appointment. Chairman Chapman asked Councilman Rubin if he would accept this appointment. Councilman Rubin stated that he would accept the position, but he felt the Council that each member of the Council should assume certain responsibilities, for the City's benefit and for theirselves. -22- Councilmembers agreed for Councilman Rubin being named the representative for the Central Florida Regional Planning Council. AGENDA ITEM #XV - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 9:16 P.M. (jI// Otio& cc c7pea 7) Jc( Ci /)? az- --{) n(_c_ (1_11 /)C) CD/) ,@-{ (cc.? CiZ 5, PL,Lbi - oa eh V-0 h , 19 -o re al-13 C.) (7 L Co h creca 0,-)c2.4re Q Ke_e f) 0 /).4.73ty, -6/co e A u2-4/.---'f PC u Pv4 /nit . c e r/€4 (UDC , tYCI1U- ec..). Cb h ix cfe. c I))CY- -tt;\, (2, CCCQ I V L v-s--‘'-.t"--; 6 'N 1 7 h 11)C? -cc :7 rn I 1 F 06 4. /1.-et-7CL-Ld -ALL-1- Chi. 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