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1981-10-27 Regular Meeting2951 33 81 -2 81 -144 81 -145 REGULAR MEETING TUESDAY, OCTOBER 27, 1981 The City Council of the City of Okeechobee, Florida, convened in regular session in the City Council Chambers in City Hall, Okeechobee, on Tuesday, October 27, 1981, at 7 :00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works, L. C. Fortner, Jr., Fire Chief Kith Tomey, Police Chief Larry Mobley and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Burk offered the invocation. APPROVAL OF MINUTES Councilman Watford moved to approve the minutes of the October 13th and October 19th meetings. Seconded by Councilman Burk. Motion carried. READING OF PROCLAMATION VETERAN'S DAY Chairman Douglas informed the Council of a Proclamation recognizing November llth, 1981, as Veteran's Day in Okeechobee. Chairman Douglas read the Proclamation in its entirety: PROCLAMAT ION WHEREAS, all of the important days we celebrate during the year, few are more worthy of special observance than Veterans Day; and WHEREAS, citizens of our nation and state live in freedom today because of the contributions and sacrifices made by the men and women who served in the Armed Forces when our freedom was challenged; and WHEREAS, today more than a million Florida veterans continue their dedication to the highest ideals of Americanism to strengthen the fortress of our prized national freedom; and WHEREAS, we can never repay our debt to our veterans where it is beyond any tangible price, but we can show our gratitude for their exemplary deeds, NOW THEREFORE, I Edward Douglas, Mayor of the City of Okeechobee, Florida, join with the City Council to declare Wednesday, November llth, 1981 as Veterans Day in Okeechobee and urge all citizens to remember and be thankful for Okeechobee's veterans, servicemen and servicewomen for the devotion they have shown to their community, state and nation. This proclamation duly adopted by unanimous vote of the City Council in regular session assembled this 27th day of October, 1981. Councilman Knight moved to accept the Proclamation. Seconded by Councilman Burk. Motion carried. READING OF PROCLAMATION SHRINE HOSPITALS Chairman Douglas read the Proclamation designating November 9th thru 22nd, 1981, as Shrine Hospital Days: )2 81 -143 PROCLAMATION WHEREAS, one of the greatest resources is our children; and WHEREAS, one of the worlds most benevolent guardians of that resource is the Shrine Hospitals for crippled children and Burn Institutes; and WHEREAS, twenty one Shrine Hospitals throughout the United States, Canada, and Mexico are dedicated to the great task of curing or helping afflicted children without regard to race, or religion; and WHEREAS, More than two hundred thirty five thousand patients have been treated and returned to society either cured, or substantially helped, where neither the patients, nor their parents have been required to pay for this outstanding medical care; and WHEREAS, Shriners throughout North America have raised millions of dollars to support the Shriners Hospitals and Burn Institutes, to insure a brighter future for these and future generations. NOW THEREFORE, I, Edward W. Douglas, Mayor of the City of Okeechobee, Florida join with the City Council in recognition of the outstanding and unselfish work of the many Shriners of North America and we do declare that November 9th thru November 22nd, 1981 be designated as Shrine Hospital Days and urge all of our citizens to join in recognizing this great service by participating in the Shriners celebration at the new Amara Shrine Temple, 3650 R.C.A. Boulevard, East of A1A in Palm Beach Gardens from noon to 6:00 P.M. on November 22, 1981, or in any other manner they deem appropriate. Proclaimed this 27th day of October, 1981 by the Mayor and City Council in regular session assembled. Councilman Burk moved to adopt the Proclamation, seconded by Councilman Chapman. Motion carried. RESOLUTION AUTHORIZING EXECUTION OF TRAFFIC SIGNAL AGREEMENT Chairman Douglas asked Director Fortner to address the Council on the purpose of the agreement. Director Fortner informed the Council the agreement is for a new light to be installed at S.E. 8th Avenue and S.R. 70 when the street is four - laned. The Department of Transporation is asking the City to agree to maintaining the lights and furnish the electricity. After a brief discussion between Council members, Councilman Watford moved to adopt the Resolution authorizing execution of the traffic signal agreement: TRAFFIC SIGNAL AGREEMENT THIS AGREEMENT, made and entered into this jl T7f day of CC TC C? j , 19 I , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the "Department ", and the City of Okeechobee, Florida, hereinafter called the "Public Body ". W I T N E S S E T H WHEREAS, the construction and maintenance of a traffic signal, or signals, is necessary for safe and efficient highway transportation at the location, or locations, as described in Exhibit "A ", attached hereto; and WHEREAS, the Public Body, by resolution attached hereto and made a part hereof, has determined that it is in the public interest for the Public Body to maintain and operate signal installations along the State Highway System: 33 NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties and each of them mutually agree and covenant as follows: 1. That the traffic signal, or signals, at the locations described in Exhibit "A ", attached hereto and made a part hereof, will be so designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto. 2. When installation of the traffic signal(s) is to be performed by either the Public Body or under the supervision of the Department, the construction and /or installation shall not endander travel along the roadways involved and all operations shall be conducted in accord with the Manual on Traffic Controls and Safe Practices (Part VI), as published by the Florida Department of Transportation. 3. Upon completion of the installation and, in the case of construction contracts, its conditional acceptance, the Public Body shall undertake the maintenance and continuous operation of said signal installations(s) and the payment for all costs for electricity and electrical charges incurred in connection with the operation thereof. 4. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard, the Public Body shall record maintenance activities relative to said traffic signal installation to a "Department of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. 5. It is hereby understood and agreed by the parties hereto that the Public Body may remove any component of the installed equipment for repair. Major permanent modifications and equipment replacement, however, shall not be made by either party without appropriate coordination with the other party. 6. It is expressly understood and agreed by the parties hereto that the wiring of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion of the installation of the signals. Necessary modifications in timing or minor circuitry may be made by the Public Body to accommodate the changing needs of traffic, but the Department reserves the right to examine the equipment at any time and, after due consultation with the parties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the State Highway System. If modification in timing and the circuitry or phasing is specified by the Department, implementation of such modifications shall be coordinated through the Public Body. 7. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department and the Department shall not modify the equipment without written acknowledgment from the Public Body. 8. To the extent permitted by law, each party does hereby indemnify and hold harmless the other from all liability, claims and judgment (including attorney's fees) arising out of work undertaken by such party pursuant to this agreement, or due to the negligent acts or omissions of such party, its contractors, sub - contractors, employees, agents or representatives, respectively, except as otherwise covered by bonds or insurance. 9. The City of Okeechobee hereby agrees to indemnify, defend, save and hold harmless any joint -pole owners from all claims, demands, liabilities and suits for bodily injuries or death to persons or damage to property resulting in connection with the performance of the described work by the City of Okeechobee, -its sub- contractors, agents or employees. This indemnification shall not exceed the sum of $1,000,000 for bodily injury or death of persons for any one occurrence or $300,000 for property damage for any one occurrence where such amounts are in accord with applicable law. 10. It is understood and agreed by the parties hereto that this agreement shall remain in force during the life of the originally installed equipment any any replacement equipment installed by the mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. 2954 81 -146 81 -147 Councilman Burk seconded the motion. Motion carried by unanimous vote. PUBLIC HEARING AND FINAL READING ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE Chairman Douglas read in its entirety an ordinance amending the municipal charter of the City of Okeechobee, providing for the compensation of City officers and repealing the provision prohibiting the change in compensation during the term of office: ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE V, SECTION 25, TO PROVIDE THAT THE COUNCIL MAY CREATE AND ABOLISH OFFICES; AMENDING ARTICLE VI, SECTION 28; PROVIDING FOR THE COMPENSATION OF CITY OFFICERS AND REPEALING THE PROVISION PROHIBITING THE CHANGE IN COMPENSATION DURING THE TERM OF OFFICE;. PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I. The Charter of the City of Okeechobee be and hereby is amended as follows: ARTICLE V. THE CITY COUNCIL Section 25, Create and abolish offices The City Council shall have power and is hereby authorized, to create such eff}ee et offices end- prevfele- by- erel}nanee fer- the- appefntment- er- efeetfen -ef- all- eeeh- efffees- easel -te pree4ele -fer -t ie- eppeintment- er- eleetien -ef- all- sueh- effieee easel- te- prevfele -fer -tire- epee }ntment- ef- seeh- empleyees -er -the efeet }en- ef- eueh- beard- er- beerels as shall be necessary for the good government of the city and shall provide for the appointment of the necessary employees to such offices and provide for the compensation of the employees so appointed. The City Council shall have the power to abolish by ordinance at anytime any office created by them, but shall not abolish an office created under this act. ARTICLE VI. COMPENSATION OF CITY OFFICERS; PERFORMANCE BONDS Section 28, Compensation of Officers The City Council shall fix the compensation of all officers before the election or appointment of said officers. wh ei' -se }el- ee2apensatfen- email- net - ire- ehenged -elter ng -rig er- terra -ef efffees SECTION II: THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. Introduced and passed on first reading this '0I 1 TFf day of �rTeo(' R , l (. Chairman Douglas called for public comment in regard to this ordinance. Mr. Andrew Rubin appeared before the Council to state his objection of the ordinance. After discussion between Council members and on the recommendation of Attorney Conlon, Councilman Knight moved to send this ordinance back to staff for rewriting and present the ordinance at a later date. Motion seconded by Councilman Chapman and carried. PUBLIC HEARING -FINAL READING ORDINANCE PROVIDING FOR THE PROTECTION OF LIFE AND PROPERTY; REAFFIRMING THE RESPONSIBILITIES OF THE OKEECHOBEE CITY FIRE DEPARTMENT; PROVIDING BOUNDARIES OF THE FIRE DISTRICT. PROVIDING FOR THE FIGHTING OF FIRES WITHIN THE FIRE DISTRICT. Chairman Douglas read the ordinance in its entirety: 2955 33 ORDINANCE AN ORDINANCE PROVIDING FOR THE PROTECTION OF LIFE AND PROPERTY; REAFFIRMING THE RESPONSIBILITIES OF THE OKEECHOBEE FIRE DEPARTMENT; PROVIDING BOUNDARIES OF THE FIRE DISTRICT; PROVIDING FOR THE FIGHTING OF FIRES WITHIN THE FIRE DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION 1. It is hereby affirmed that one of the primary responsibilities of the government of the City of Okeechobee, Florida is to provide for the protection of life and property. SECTION 2. For the purposes stated in Section 1. herein, a fire district is created which encompasses the entire incorporated limits of the City of Okeechobee and within this fire district, the city accepts its responsibility for the protection of life and property from fires or other such conflagrations. SECTION 3. The Okeechobee City Fire Department, which has been organized and operating for over two decades is recognized as the firefighting arm of the City of Okeechobee and is the sole lawful department authorized to attack and fight fires and other such conflagrations within the fire district herein created. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. 19',L. Introduced and passed on second and final reading this 2r/TM -day of QC- %-a*tk. After discussion by Council members, Councilman Watford moved to add the following statement to Section 3 of the ordinance: subject to such written mutual aid agremeents as may be authorized by the City Council. Motion seconded by Councilman Burk. Attorney Conlon stated the following items should also be changed: Section 3: two decades should read seven decades and ... City of Okeechobee and is should be changed to as; Section2: the first sentence should be changed to read For the purposes stated in Section 1, the City affirms a fire district exists which encompasses the entire; ordinance title should be changed as follows: Providing Boundaries to read Recognizing Boundaries. Councilman Watford and Councilman Burk agreed these changes should be included in the original motion and second. Attorney Conlon read the amended ordinance in its entirety: ORDINANCE AN ORDINANCE PROVIDING FOR THE PROTECTION OF LIFE AND PROPERTY; REAFFIRMING THE RESPONSIBILITIES OF THE OKEECHOBEE CITY FIRE DEPARTMENT; RECOGNIZING BOUNDARIES OF THE FIRE DISTRICT; PROVIDING FOR THE FIGHTING OF FIRES WITHIN THE FIRE DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTION 1. It is hereby affirmed that one of government of the City of Okeechobee, Florida of life and property. OF OKEECHOBEE, FLORIDA AS FOLLOWS: the primary responsibilities of the is to provide for the protection SECTION 2. For the purposes stated in Section 1, the city affirms a fire district exists which encompasses the entire incorporated limits of the City of Okeechobee ans within this fire district, the city accepts its responsibility for the protection of life and property from fires or other such conflagrations. SECTION 3. The Okeechobee City Fire Department, which has been organized and operating for over seven decades is recognized as the firefighting arm of the City of 2956 81 -142 81 -142 81 -148 Okeechobee and as the sole lawful department authorized to attack and fight fires and other such conflagrations within the fire district herein recognized subject to such written mutual aid agreements as may be authorized by the City Council. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. Introduced and passed on second and final reading this 27th day of October , 1981. Motion to amend the ordinance carried. Councilman Burk moved to adopt the ordinance as amended. Seconded by Councilman Chapman. Motion carried. FIRST READING- ORDINANCE ADOPTING AN ANNUAL GENERAL FUND BUDGET FOR THE CITY OF OKEECHOBEE Councilman Burk moved to read the ordinance adopting an annual General Fund Budget by title only. Seconded by Councilman Knight. Motion carried. Chairman Douglas read the ordinance by title only: AN ORDINANCE ADOPTING AN ANNUAL GENERAL FUND BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF, AND PROVIDING FOR THE REPEAL OF RESOLUTION NO. 81 -20, A RESOLUTION ADOPTING A TEMPORARY OPERATING BUDGET FOR THE GENERAL FUND FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982. Councilman Watford moved to set the ordinance for final hearing October 31, 1981. Motion seconded by Councilman Knight and carried. FIRST READING -AN ORDINANCE ADOPTING THE CITY OF OKEECHOBEE WATER AND SEWER BUDGET FOR THE 1981 -82 FISCAL YEAR Councilman Knight moved to read the ordinance adopting the Water and Sewer Budget by title only. Motion seconded by Councilman Chapman and carried. Chairman Douglas read the ordinance by title only: AN ORDINANCE ADOPTING THE CITY OF OKEECHOBEE WATER AND SEWER BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF AND RATIFYING ALL EXPENDITURES MADE DURING THE PERIOD SPECIFIED. Councilman Knight moved to set the ordinance for final hearing October 31, 1981. Motion seconded by Councilman Watford and carried. FIRST READING -AN ORDINANCE PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF OKEECHOBEE FOR THE 1981 -82 FISCAL YEAR Councilman Burk moved to read the ordinance by title only. Seconded by Councilman Chapman and carried. Chairman Douglas read the ordinance by title only: AN ORDINANCE PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982, AND STATING THE MILLAGE RATE LEVIED AND PROVIDING AN EFFECTIVE DATE. Councilman Watford moved to set the ordinance for final reading October 31, 1981. Motion seconded by Councilman Burk and carried. 2957 33 81 -141 81 -149 81 -133 81 -150 FINANCIAL FEASIBILITY STUDY BY LEEDY, WHEELER, AND ALLEMAN, INC. Chairman Douglas stated that the minutes of the October 13th meeting reflect the consensus of the Council to postpone any discussion on the study until after the adoption of the 1981 -82 budget. After a brief discussion by Council members, Chairman Douglas stated the consensus of the Council is to place this item on the agenda for discussion at the November 10th meeeting. REVEREND KEVIN McGUSHION HELPING HAND RESCUE MISSION Reverend Kevin McGushion appeared before the Council to present information on the Helping Hand Rescue Mission. Reverend McGushion stated that the Mission is a Christian Outreach Porgram, not a church. After giving a brief overview of the Mission, Reverend McGushion asked the Council to think well of the Christian work the Mission is trying to do. ANNA JANE BRELAND - PAYMENT OF MANDATORY GARBAGE FEE FOR VACANT RENTAL PROPERTY Mrs. Anna Jane Breland appeared before the Council requesting that she be allowed to haul her own garbage for rental property in the City. After discussion by Council members, Councilman Watford moved to instruct the City Attorney to draft an amendment to Ordinance #432 to strike in Section 10 -26 "due to vacation" and add after "where proper notice has been filed with the City" a clause to the effect that a fee of $10.00 be paid to cover our costs to police the residence when the unit is unoccupied. Motion was seconded by Councilman Knight. Councilman Burk stated his objection to amending the ordinance in this way. Burk further stated this amendement will not solve the problem and he feels there should be no exceptions. After further discussion by Council, Chairman Douglas called for a vote on the motion. Councilmen Watford and Knight voted "yes ", Councilmen Chapman and Burk voted "no ". Chairman Douglas voted "no" thereby defeating the motion. Councilman Burk moved to strike from Ordinance #432, Section 10 -26, "except when the residence is vacant due to vacation' and amend to read "no exceptions ". Motion seconded by Councilman Chapman. After discussion regarding the change, Councilmen Burk, Chapman and Knight voted "yes ", Councilman Watford voted "no ". Motion carried. CORRESPONDENCE FROM DEPARTMENT HEADS A) CITY ATTORNEY 1) PAYMENT TO THE FIRE DEPATMENT FOR DAMAGES Attorney Conlon stated he had received a draft in the amount of $2,261.21 from Ryder Truck Lines for settlement of damage done to Fire Department equipment by an acid spill. 2958 81 -32 81 -23 81 -115 81 -102 81 -6 B) CITY CLERK 1) THANKSGIVING HOLIDAY Clerk Thomas requested the Council allow City employees have Friday, November 27th, off in observance of Thanksgiving. After brief discussion, Councilman Burk moved that City employees be granted the day after Thanksgiving as a holiday. Seconded by Councilman Chapman. Councilmen Knight, Burk and Chapman voted "yes ", Councilman Watford voted "no ". Motion carried. C. ADMINISTRATIVE ASSISTANT 1) CORRESPONDENCE REGARDING THE 201 PROJECT Assistant Fellows stated his office had received a letter from Representative Clay Shaw, who is on the Public Works Committee of Congress, regarding the City's situation on the 201 Project. Mr. Fellows stated that each Council member had received a copy of the letter. 2) OKEECHOBEE COUNTY COUNCIL ON AGING Assistant Fellows stated he had received a letter from Mr. Tom Elmore in regard to the budget for the Okeechobee County Council on Aging. A copy has been forwarded to each Council member. 3) REQUEST FOR A LEASE ON A PORTION OF 150 ACRES FOR T.V. TOWER Assistant Fellows informed the Council that he had been contacted by a communications attorney regarding a proposal to the City to lease a portion of the 150 acres for a television tower. The attorney was informed to put the request in writing and the request would be presented to the Council for consideration. 4) FRANCHISE WITH L. P. SANITATION, INC. Mr. Fellows stated that he had met several times with the new owners of L. P. Sanitation and they are interested in negotiating a new five year franchise with the City. Mr. Hoekstra has stated they are willing to go along with the present agreement until the end of this calendar year. After further discussion by Council members, Councilman Burk proposed setting a workshop, after the budget is finalized, to resolve any problems on garbage. CORRESPONDENCE WITH COUNCILMEN A) DOWLING WATFORD, Jr. 1) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford stated he would be attending the meeting of the Central Florida Regional Planning Council on October 28th in Sebring. One item on the agenda is a Resolution to support an increase in the state sales tax. ADJOURNMENT There being no further matters of business to discuss, Chairman Douglas adjourned the meeting at 9:10 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Edward W. Douglas Mayor /Chairman City of Okeechobee AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING OCTOBER 27, 1981 7:00 P.M. 1. Invocation II. Approval of the minutes of the regular meeting of October 13th, 1981 and the tenative budget hearing held on October 19th, 1981. III. Approval of a proclamation recognizing the veterans of the community, the occasion of Veterans Day, November llth, 1981. IV. Approval of a proclamation saluting the Shrine Hospitals for Crippled Children and Burn Institutes for their work in helping afflicted children. V. Adoption of a resolution authorizing the execution of the traffic signal agreement between the State of Florida Department of Transportation and the City of Okeechobee for signal lights at the intersection of southeast eighth avenue and State Road 70 east. VI. Public hearing and final reading of an ordinance amending the Municipal Charter of the City of Okeechobee to provide that the Council may create and abolish offices and repealing the provision prohibiting a change in compensation during the term of office. VII. Public hearing and final reading of an ordinance providing for the protection of life and property; reaffirming the responsibilities of the Okeechobee City Fire Department; providing boundaries of the fire district; providing for the fighting of fires within the fire districts. VIII.Action by the Council to authorize to be undertaken by Leedy, Wheeler the ability of the city to finance expansion without federal or state a financial feasibility study and Alleman, Inc., to determine additional water and sewer financial assistance. IX. First reading of an ordinance adopting an annual general fund budget for the City of Okeechobee, Florida, for the fiscal year beginning October 1st, 1981, and ending September 30th, 1982 and the setting of a public hearing for October 31st, 1981. X. First reading of an ordinance providing for the levying and collecting of taxes for the City of Okeechobee, Florida, for the fiscal year beginning October 1st, 1981, and ending September 30th, 1982 and the setting of a public hearing for October 31st, 1981. XI. First reading of an ordinance adopting the City of Okeechobee water and sewer budget for the fiscal year beginning October 1st, 1981, and ending September 30th, 1982 and the setting of a public hearing for October 31st, 1981. XII. Mayor to call on anyone in audience wishing to address the Council. XIII.Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. XIV. Adjournment.