Loading...
2000-01-18 Regular824 IA Of OKiEC: ont / ��...F"f CITY OF OKEECHOBEE JANUARY 18, 2000 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: January 18, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Eddie Lamb; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Clerk/Interim City Administrator Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - CITY CLERK. Mayor Kirk called the January 18, 2000 Regular City Council Meeting to order at 6:00 p.m. Reverend Lamb offered the invocation; Mayor Kirk led the pledge of allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present PAGE 1 OF 6 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the January 4, 2000 Regular Meeting. January 4, 2000 Regular Meeting; seconded by Council Member Oliver. There being no discussion on this item, vote is as follows: VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. JANUARY 18, 2000 - REGULAR MEETING - PAGE 2 OF 6 825 V. WARRANT REGISTER - City Administrator. A. Motion to approve the December 1999 Warrant Register in the Council Member Watford moved to approve the December 1999 Warrant Register in the amounts, General Fund two amounts, General Fund $241,853,87, Public Facility Improvement hundred forty-one thousand, eight hundred fifty-three dollars, eighty-seven cents ($241,853.87), Public Facility Fund $1,212.66 and Debt Service Fund $99,682.48. Improvement Fund one thousand, two hundred twelve dollars , sixty-six cents ($1,212.66) and Debt Service Fund 11 ninety-nine thousand, six hundred eighty-two dollars, forty-eight cents ($99,682.48); seconded by Council Member Markham. There being no discussion on this item, the vote is as follows: VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III Mayor Kirk stated he had a matter he wished to briefly address the Council after New Business item C. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:10 p.m. A.1. a) Motion to read by title only proposed Ordinance No. 740 regarding Council Member Watford moved to read by title only proposed Ordinance No. 740 regarding the rezoning of Lots 10 the rezoning of Lots 10 to 12 in Block 22, South Okeechobee, from to 12 in Block 22, South Okeechobee, from Residential Single Family to Commercial; seconded by Council Member Residential Single Family to Commercial - City Attorney (Exhibit 1). Oliver. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. E:W1 JANUARY 18, 2000 - REGULAR MEETING - PAGE 3 OF 6 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 740 by title only. Attorney Cook read proposed Ordinance No. 740 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RSF, RESIDENTIAL SINGLE FAMILY DISTRICT TO CHV, HEAVY COMMERCIAL DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 740. III Council Member Markham moved to adopt proposed Ordinance No. 740; seconded by Council Member Oliver. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Planning Consultant Jim LaRue addressed the Council stating the City Planning Board discussed the application at their December 21, 1999 meeting, they recommended approval. The site is Commercial on the Future Land Use Map, is contiguous to Commercially zoned property and is consistent with the Comprehensive Plan. Any development plans will have to go through the required review procedures. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 11 Mayor Kirk closed Public Hearing 6:12 p.m. Vill. NEW BUSINESS. A. Motion to re -appoint Mr. Jerry O'Bannon as a Trustee to the Council Member Watford moved to re -appoint Mr. Jerry O'Bannon as a Trustee to the General Employees Pension General Employees Pension Fund, term beginning January 1, 2000 Fund, term beginning January 1, 2000 and ending December 31, 2001; seconded by Council Member Oliver. and ending December31, 2001- Lydia William, Fund Secretary (Exhibit 2). Council thanked Mr. O'Bannon for his continued dedication and service to the Pension Fund. JANUARY 18, 2000 REGULAR MEETING PAGE 4 OF 6 . .. Q V Vill. NEW BUSINESS CONTINUED. A. Motion to re -appoint Mr. Jerry O'Bannon as a Trustee to the VOTE General Employees Pension Fund, term beginning January 1, 2000 KIRK - YEA and ending December 31, 2001 continued. CHANDLER - YEA MARKHAM -YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B. Discuss re -instating Peddlers License with a deposit to allow Mr. Kirk Walker appeared before the City Council requesting that temporary produce stands be permitted within the Temporary Produce Sales on the roadside within the City Limits - City Limits with a refun�able deposit. He stated he understood the Council's reason for not allowing them on city Mr. Kirk Walker (Exhibit 3). 1 property or right of ways. He wishes to open a temporary one on private property. Attorney Cook commented that the Land Planning Agency (LPA) is currently reviewing the language in the Land Development Regulations (LDR's). The City Council adopted an ordinance prohibiting temporary produce stands and off -premises vehicle sales. The language in the LDR's are not as stringent, therefore, in order to make both documents (Code of Ordinances and LDR's) consistent, the LPA will be making recommendations to the Council to amend the Temporary Structures Sections of the LDR's. The City Council suggested Mr. Walker attend the Land Planning Agency meeting on Tuesday, January 25, 2000 at 7:00 p.m. and submit his recommendations to them. Mr. Walker thanked the Council for their time and information. C. Discuss Solid Waste Collection for vegetation pick-up for Mr. Jeff Sabin and Mr. Matt Orr of Waste Management were present to address the Council regarding an issue of Commercial establishments based on Franchise Agreement vegetation pick-up for Commercial accounts. Mr. Sabin advised the Council of a current problem with the wording of language and discuss City Utility Billing of Garbage Only Customers the ordinance and franchise agreement due to revisions in the Florida Statutes, specifically definitions of garbage, (Well Water Users) - Mr. Jeff Sabin, Waste Management (Exhibit trash and vegetation. Mr. Sabin requested permission to meet with Attorney Cook to draft an amendment for Council 4) consideration. The Council instructed Attorney Cook to meeting with Mr. Sabin as requested and bring the 11 matter back to Council. Mr. Sabin also advised the Council regarding a collection issue. There are two hundred accounts that are not being collected for various reasons. Mr. Sabin is working with Mr. Fortner, Executive Director of the Okeechobee Utility Authority, since they are the entity that bills for the solid waste collection accounts for the City. Following a lengthy discussion, the Council instructed Interim City Administrator Thomas to research the feasibility of billing the city residents on their annual tax bill for solid waste pick-up as the County does. Vill. NEW BUSINESS CONTINUED. ITEM ADDED TO THE AGENDA: Discuss fire hydrant issues - Mayor D. City Administrator Interviews - Mayor. JANUARY 18, 2000 - REGULAR MEETING - PAGE 5 OF 6 Mayor Kirk advised the Council he did not want to get into a long discussion regarding fire hydrant's tonight, but that he wanted the Council to be aware that this will be an item of discussion at the next regular meeting. He wanted each of them to think about the issues and be prepared to discuss the matter. There was no official action taken. Mayor Kirk advised the Council Members they should have before them a copy of the eight questions that will be asked to each applicant. With Council's approval they will use the normal interviewing procedures. Mayor will explain to each candidate as they come in what the procedures will be. That he will be reading the questions. Once they respond to the questions, if a Council Member wants that person to elaborate further they can ask so at that time. The Council interviewed Mr. Richard Green first and then Mr. Bill Veach. The third applicant, Mr. Jim Threewits, was not present to be interviewed due to accepting employment elsewhere. Council discussed each applicant and the employment contract. Council offered an annual salary of fifty-two thousand dollars ($52,000.00) and that the applicant would have forty-eight hours to accept or decline the offer. Council also discussed the fact that the Administrator is subject to all Personnel Policies and Procedures as all other employees for benefits, excluding salary. Since this is a contract employee, when Council discusses a salary increase for this position, it will have to be done by a contract amendment only. Council Member Markham moved to offer Mr. Bill Veach the position of City Administrator at an annual salary of fifty-two thousand dollars ($52,000 00) and that he has forty-eight hours to accept or decline: seconded by Council Members Chandler and Watford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mr. Veach accepted the salary, stated he would have to give his current employer thirty days notice and requested to meet with Attorney Cook tomorrow to review the contract. He thanked the Council for their vote of confidence and appreciated the opportunity to work for them. JANUARY 18, 2000 - REGULAR MEETING - PAGE 6 OF 6 IX. ADJOURNMENT - MAYOR. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: JAMES E. IRK, MAYOR ONNIE S. THOMAS, CMC, CITY CLERK There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:40 p.m. CITY -OFOR88CROBEE __CITy COUNCIL REWLAR MEETING - Janukry ",000 HANDWRITTEN MINUTES &,n CitvGouncolReaular Meet* CALL TO-ORD1M. Mayor- Jai lual V^. I-V OPENING CEREMONIES: Invocation -offe- r-e -d t y--1 Z -e Ve—,r Pledge of Allegiance led by _M.awor --MAYOR; £OUNGIL-ANB STAFF ATT.P----- NDANCE. Present Absent Mayor KWI- Council Member Chandler LI/ Council Member Markham Cauncil-Member-Ofiver Council Member Watford -Attorney-Gook Interim Administrator/City Clerk Thomas ----Dputy-CteTtGamiotea--------- --- ___ _MIN_UTES-_C1_T_YCLERK. A. Council Member .416 moved to dispense with-thefe-aaing ana applro-v"e Summdq -4)f-CouncitAcdoaJor-the-danuary-4,2000- "e uLpr lfttjqgLseconded by Council Member VOTE: VOTE: YES NO ABSENT ABSTAINED CHANDLER OLIVER W VqT ATFORD WTl­0t4_ 6 -DMED---- ;4a - V. WARRANT REGISTER - C'4_Adm_­fin­i-sFr-ATo-r.--- A--- -Louncil Member_ _ Moved to approve the December 1999 Warrant Register in the amounts, General Fund $241,853.87, Public Facility Improveownt-Furid $1-,M.66-and Debt -Sewim_Fund-$99,682.48;seconded-by Council Member C -\/OTE:-- YES - --NO -ABSENT ABSTAINED ------ KIRK MAPKHAM C)LIVLK WATFORD D- DENIED V1. AGENDA - May_0r.________ A. Requests t for the addition, deferral or withdrawal of items on today's agenda. ra (e PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayo, - A. moved to read -by-liVe-o-nly-p-r-oposea urdinande--W. 740-- rQgardinq the99- _rezoni of Lots 10 to 12 in Block 22, South Okeechobee, from Residential Single ily to Commercial - City Attorney (Exhibit 1); seconded by Council Member YES -NO ABSENT - ABSTAINED ---b)---Vote-on-motbn--bfeadbylffl&-- only. KIRK -(ZHANJDI FP MAWHAM J0 Attornm-Cook read proposed GLIVEP, Ordinance No. 740 by title only WATFOPI) fnflow&_ "AN ORDINANCE OF THE CITY OF MOTION: RD i OKEEGHOBE-E, FLORIDA TI DENIED AMENDING THE OFFICIAL -,ZONING MAP OF OKEECHOBEE -BY- REZONING A CERTAN TRAC-T-Or' FMB MORE - PARTICULARLY DESCRIBED HEREIN, FROM RSF, RESIDENTIAL SINGLE FAMILY DISTRICT Ta-CW, HEAVY uummt:xCIAL U10 I Kit, 1, AMI:14uir4ki I HE ZONING -KAP-- ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.93 A. 2. a) Council Membe moved to adopt proposed Ordinance No. 740; seconded by -Councif IV11111 _Public _C0ffiff6n-t-. VOTE: YES NO ABSENT ABSTAINED CHANDLER _)S;1A_K AM -- OLIVER -WATFOPL) MOTION: C,(� �RD MEWED— Vote on -motiort. ULUbt 1"Ut3L1C4flDUUNGF--Mqw Page -3- VIII. NEW BUSINESB. - ___ A. _- _ _CQuncil�dembeL mnvpsuntlVlr ,�er�r tQBannQn �s a Truce to the-_ _ _ _ - General Employees Pension Fund, term beginning January 1, 2000 and ending D er 31, - - - - - - 1- - - ��BA��- ;-secoAded-#y_6au►� ..-Member VOTE: YES NO ABSENT ABSTAINED- -- -- — --- --- -- --- - - --- — KIRK — -- -- -- --- - CHANPLER OLIVER - — — - -- - — --- -- - -- - - - _ — ---DEN ED - - - _ i B. Discuss re -instating Peddlers License with a deposit to allow Temporary Produce Sales on the F roadside within the City Limits - Mr. Kirk Walker (Exhibit 3). - ----- ----- — 'I — - - - - — — - -- -- -- — �i ,i -Y�i ,i a --R6,,- -,,6 SoM Waste Collec 1u, vc-9,U'LONon pick-up for -Cull III ICI U;alvalaul;ol III lt'l (La baovj U11 Franchise Agreement language and discuss City Utility Billing of Garbage Only Customers (Well Water —Uss--er*�--M-r.-Jett Sabin, waste an"ent (Exhibit 4). lFn 47� o 3 -i- - --- - - - -_ --- 0 0 L �47 0 - -page -~��__ _ ^ ~ � � */- -~ --0---- -- -`----'--- - ---- � • • - - -- -- --------- --- --- CITYCr. O1FLLECHOBEE--- - -- — - --- --- CITY COUNCIL REGULAR MEETING - January X, 2000 - - - - MgNL111"YKI I I r-14 M114U I rb --- -- - - - - - --- - - - - - - � -- - - - --- -gyp -- CALL TO -ORDER:-- -Mayyo K (X 4 :_ `�D 0-OD_jMt 1_Cniinc*[ eWIL- C.Meehna -kZ M . - -- -- - - -- - --�}.- — OP . -- - tnveeation $11-Roveret td-Ti*M1ftuA*O v- - - — - -- ; Pledge of Allegiance led by Manor Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - -- - - - Present Absent -MayorKhk Council Member Chandler Council Member Oliver v - - ---- - - -- --... --- Gum iurr Member WatfaTd -- -- - -- rs -- — - - - - - - -- - -- - - - Attorney Cook Interim Atlministrato-r7�ty-Clerk-Thomas - -----� .___- Deputy_ Clerk Gamiotea IV. MINUTES - CITY CLERK. - - - -- -A.- —-Cotin&Member ---N L moved -*,disperse witb-thefeadft and-appfevethe-Sutmmafr------. I of Council Action for the January 4, 2000 Regular Meeting; seconded by Council Member VOTE:-- - - YES NO ABSENT- A- i WiNE6- KIRK d CTIP,NDLER MARKHAM t� OLIVER 4�- WATFORD _ MOTION: DEN IED- -- A. Council Member T�)W moved to approve the December 1999 Warrant Register in the ---- - -- -- --- - arrrounts, General fund-$244;853-.-87, Publicfacility-improvement fund $1,212.6 and -Debt - Service Fund $99,682.48; seconded by Council Member L— VOTE: YES NO ABSENT ABSTAINED - - ----- ---- - -- - - ------------ - --- - -- - KIRK - --y --- - ---- - - - - - ---- - - - -- - - f --- - - - -- -- - --- - -- ---CHANP-4EK _ �— MARKHAM fi ni im, [r WATFORD MOTION: I'� DENIED - - - ��- AGENDA-iftoT - - -- -- --- -- - -- - - -- -- - - - - A. Requests for the addition, deferral or withdrawal of items on today's agenda. - I� r) --')M. UftN 1-UMR, MAKING I -OK OKIJINANCE: ADOP I I0N!- Mayor I %.4j%)1V1A A. 1. a) - Council Member -T,)a- --rn6v-6-d to- read -by —title 0--rify prqp-6s-6-d'0-rd1ri—afibe­No-. 740 LQtsj-Qto 12 in Block 22, South Okeechobee, from Residential Single Family to Commercial - City Attorney (Exhibit 1); seconded by Council Member -VbtUU11 111U1;U11 tu mad by title -VO-TF--- YES- -NO --- ABSENT- --ABSTAtNM only. KIRK V - CHANDLER— 1-- -_---_c) _.__Attorney Cook read proposed MARKHAM_OL1VER __OL1VER-- Ordinance No. 740 by title only WATFORD ORDINA OF THE CITY OF j MOTIONCCARRit DENIED OKEEGHOBEEi-FLO H)A_ AMENDING THE OFFICIAL ZONING MAPOF OKEECHOBEE-BY REZONING -A CER"I AfN-T%kCT-OFiAN& MORE PARTICULARLYDISTRICT DESCRIBED HEREIN, FROM RSF, RESIDENTIAL SINGLE FAMILY -M-Ch i, HEAVY CUMMw(UAL Uib i MU i, Amw40wh i rit i-uNii4G"-MAP-- ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.11 A. 2. a) Council Member L-M moved to adopt proposed Ordinance No. 740; seconded by - C CrUnd A A fvlemb)erj!��-- --bT Rubric- offiffidnt. /Jone- -- - -- -. -� �--�--� cam- �- __ ��' _ (: �.�� - �,�. f_� �1_�-- V L yaw % u k U Vim VOTE: YES NO ABSENT ABSTAINED CHANDLER MARKHAM OLIVER WATFORD -drRltb-- -DENIED MOTION: -T-CLubt IMiLit, Mt:AK1I4G--;1fty0T--- &-'-/2 If - S __- A_. Council Member bW moved to re -appoint Mr. Jerry O'Bannon as a Trustee to the General Employees Pension Fund, term beginning January -2000 and ending Decembe_ W -- - _ 2001-_Lydia William, Fund $ecretary ibit 2alseconded by Council Member VU I t: YE$- Nu A15.5m I ABSTAMD KIRK ZRANULEK -� - - -- -- -- - -- -- - - - ---=-- ---- - - - -- - - --- --- - MARKHAM OLIVER - - ---� - - - -- - - -- WATFORD -� --- -- -- - - - - - - — - - Mt;?21Q B. Discuss re -instating Peddlers License with a deposit to allow Temporary Produce Sales on the ---- cloy 411- ---- - --- - --- - -- ----- - -- -- -- - --- - - ---- ---- --- C J - Set hc"Ld - -- -- ---------- - -- --- - - -- --- ---- - 0 • Diseuss Solid Waste Collection forvegetati- CvIIIIIICI k,;CfI Ubldblibfimviits based on Franchise Agreement language and discuss City Utility Billing of Garbage Only Customers (Well Water --Vs-e-rsj-- Mr. jeff h-, W—asTe management (ExnIbIt 4). OaAJ -000Cb%�- oz AU, -_ate _ �c,�- - - (�2 �u�--V,�,�r ,� �r�g� d-� _ �-�. _(rice rnQS�1 (��� . � Irxroc�_�X�e,_ ( r ; _ �,p� flit _�_,1 i_ _�.,�.d ��L_� �cGi! 5 �� _C ��{$ _f�d�'-_tvi`i��_Q,t� Use �-l�c�-L�-Gu;�? - - — --- 41 Lp- b-a-'act- AOX -0PQA-6Itd Cl All� Fnnv) 4-E) I I I O-C,(&)JLCA f ALWJ'51-N-V tee,& pyr-SL /Z) VS AD-1 awl Ac 4o - ------------------ ---� ------ -----'-_ -_-' _�________ .�| _ _ _ |' -- T - — - - -- - _-_ --/--- -' - - - - --- --�--- -- -- _ - U -r�---- -- --l�- --- - - - --�� - ----� �------- ----'---'-'-- - ----- -- -------- - - -.i-_ - _-� / / | -- ��y�� -f 1 ----- --- - _ 4aw - ----- -{���- - -- �� - A�/�'� ~ � z r-Y���k �/ ---- ��»'oo`^',u�� ` �--- ~ / ^ ' -- -_ _ 0 �| -- f------- -- -- ---- - - ------'- J � � �. -----�-�-�-V----°�- ^ �--- --� ----~�-�------ - ¢�� �F - 4.k"Y_ he f _�/���`�-w��� ��=`����"�_� -_ - -y�/x�~_. __ ��-_`- "_- _ - ----r---- '' '--~----~~~--�K -- -- --- ---- - --- -----' -- -' - --'�-~-M ------'--�' - - ~�~--~Uc��_~~____�_________ � -- --- NA-"^-'-- ------- -------------� �----- -'--' - '-----�- - --� --- -- --- . . - - - -- �,- -'---�=---0'- -�-�--- --- ---�-- `'------�-~�-------- -r---------�-' '--- - ��.m�_-�J\A� �`0 /` »/��_�--z�� ______-��_-_'� | ' ---� -- -- - `°'--'---- -------'-- ---------7T-` ------ '---� ---------/ -----,r-- r- - - `' --�-'----�— -~~7[---�---~- -- ----- --'-- - - '--- ---- - -- - --- - - _- - --|� ---------' -- - -----' --------- ------ ----------'---- ------- - - ' | - ----� --r�-�--- - -------- -- -- - ------ ----- - '---- - - - - -- -- | ----------- !------- - ---' '-- ----' -'--'-- -'----' -- --------------- --- ---------- / | }� | r __ -- '--- T--T- ------ ---- -------- -----'------ ----'---- -- '-' 1 - - -- - ---^- -- -------- -- - — --------- --- -- -- - | � �� ' OK9e 0. A. i, CITY OF OKEECHOBEE JANUARY 18, 2000 REGULAR MEETING OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Mayor: January 18, 2000, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Reverend Eddie Lamb; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook Interim City Administrator/City Clerk Bonnie S. Thomas 40 Deputy Clerk S. Lane Gamiotea IV. MINUTES - CITY CLERK. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 4, 2000 Regular Meeting. V. WARRANT REGISTER - City Administrator. A. Motion to approve the December 1999 Warrant Register in the amounts, General Fund $241,853.87, Public Facility Improvement Fund $1,212.66 and Debt Service Fund $99,682.48. JANUARY 18, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A 1. a) Motion to read by title only proposed Ordinance No. 740 regarding the rezoning of Lots 10 to 12 in Block 22, • South Okeechobee, from Residential Single Family to Commercial - City Attorney (Exhibit 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 740 by title only. 2. a) Motion to adopt proposed Ordinance No. 740. b) Public comment. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. • VIII. NEW BUSINESS. A. Motion to re -appoint Mr. Jerry O'Bannon as a Trustee to the General Employees Pension Fund, term beginning January 1, 2000 and ending December 31, 2001- Lydia William, Fund Secretary (Exhibit 2). B. Discuss re -instating Peddlers License with a deposit to allow Temporary Produce Sales on the roadside within the City Limits - Mr. Kirk Walker (Exhibit 3). C. Discuss Solid Waste Collection for vegetation pick-up for Commercial establishments based on Franchise Agreement language and discuss City Utility Billing of Garbage Only Customers (Well Water Users) - Mr. Jeff Sabin, Waste Management (Exhibit 4). D. City Administrator Interviews - Mayor. X . Ah�_Ycus_ 1 MEtil - Mayor, • ORDINANCE NO. 740 • EXHIBIT 1 - 1 / 18 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RSF, RESIDENTIAL SINGLE FAMILY DISTRICT TO CHV, HEAVY COMMERCIAL DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.49 acre(s) from RSF, Residential Single Family District to CHV, Heavy Commercial District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots 10, 11 and 12, Block 22, South Okeechobee, according to the Plat thereof recorded in Plat Book 3, Page 37, of the public records of St. Lucie County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended accordingly. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 1 of 2 • SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this 4th day of January , 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 1$h day of January , 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Page 2 of 2 ti.a��,:a. � I � i a© o� Nun tM wpm ..� mj �I ■OVIVIIar 1 dl�� The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 • (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of t •in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of l I cc n c.., a r�� .7, ,-0Cr) Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sooto andbed before me this �`I -- lit v) ty-�L t^ � f A.D. Notary Public, State of Florida at Large * *My Commission CC715804 Expires March 31, 2002 FILE NOTICE OF PUBLIC HEARING CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January, 18, 2000 at &00 p.m., or as soon thereafter as possible, at the CityHall Bupdinq krcated at 55SE 3rd Ave, Okeechobee, FL conduct a public hearing oq and thereafter consider final readmq of the following Ordinance: NO.740. AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF [AND MORE PARTICULARLY DESCRIBED HEREIN, FROM RSF RESIDENTIACSIM• GLE FAMILY DISTRICT TO CHK HEAVY COMMERCIAL DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY -PRO. VIOING FOR CONFLICTS, SEVERABIL4 TY AND AN EFFECTIVE DATE. All members of the public are requItsted to attend and participate in said hearing: Said proposed Ordinance may be inspected by members of the public in the Office of tine City Clerk located 1h me City Haft Building during regular brtskress hours, Monday ,Friday, 8 am4:,0 pm, except for Rondays PLEASE TAKE NOTICE AND BE ADVISED that B any person desires to appeal any decision made by the City Council with respect to any matter considered'at this nearing, such interested person A need a record of the proceedings, and forsuch purpose may need to ensure a verbatim record of the proceedings Is 'made, which record includes the teshmohy and evidence upon which the appeal is to be based. • t In accordance with the Americarfs with Disabilities Act (ADA) and Florida Statute 28626,.personswdh disabilities needing special' actorrtmtidatknr to partlbl a in this proceedingshould contact unite p-� Thomas':rjd i Iat_ er�Tfiap two'. Q) Gayyss prior to a proceeding at 8639 3372 x 215; ifyo U are hearing or knpaired, can 94) ,4-77777Z�,, dr Florida Relay Service 1 800 955-9770. BONNIE S. THOMAS, CMC, CITY GLIRK PUBLISH:1(7/2000 Okeechobee News #792 4 r_ • • EXHIBIT Z - 1 / 18 AGENDA CITY OF OKEECHOBEE MEMORANDUM TO: Bonnie S. Thomas, City Clerk/Interim Administrator DATE: January 11, 2000 SUBJECT: Agenda Item for the January 18, 2000 City Council meeting FROM: Lydia Jean Williams, Administrative Secretary According to the Election procedures for General Employees Pension Plan trustees the ffth trustee shall be chosen by a majority of the previous four (4) trustees and the name shall be submitted to the City Council and the City Council, as a ministerial duty, shall appoint the fifth trustee. At the pension board meeting held last night at 7:00 p.m. it was agreed that Jerry O'Bannon be reappointed to the General Employees Pension Plan as a trustee. Would you please place this item on the agenda fior Council action at the next regular meeting? cc: L.C. Fortner, Chairman T�IrIOo IZ�3�%01 CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 NAME' (r-JIP i— ADDRESS: y TELEPHONE: 4 / (HOME) i2i� MEETING: REGULAR 0 SPECIAL ❑ WORKSHOP ❑ EXHIBIT 3 - 1 / 18 AGENDA DATE: �.r • . /. _ cJ Lr PLEASE STATE THE ITEM YOU WISH HAVE P ED OIT�iE CIT�,OUNCI AGENDA. I o 4,44D- PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. PLEASE ST'AT - DESIRED PLEASE SUMMARIZED PERTINgNT INFORIVATION CONCING YOUR REQUEST AND ATTACH APPLICABLE DOC ENTS. /n n e 1-0 .T c 1 Oil PRESENTATION IS TO BE MADE, HOW MUCH TIME WI L BE REQUESTED?-JWCA t�1- T"ItiQM_ �yh1�v.�7 SIGNED BY: �--.e; DATE'TS / l OKEECHOBEE ID:19413570772 JRN 1 00 13:34 No.001 P.01 PAGE 92 CIZ''Y CIF` 4 RCHOBE '�' 941)763-3372 * Fox 041)T83.16M AGENDA ITEM REQUEST FORM Pbow"K b*q oow*Mod tom to: EXHIBIT 4 - City Of OReechob" 1 / 18 AGENDA City Cleve am" 95 &L 3rd AvrnuE Oimsdio4N, Flodde 34974 4owva: t o 00 t4 u i, � K. TELSPMow: ON" 01 It Aunw4 Mel"": Reouuut mf Spa"L p W4RKSHOP 0 1 %*V& amp Cwmn sTA.YgU WW" TO vtoS*L*k D wbr&e +�ET - t.w rm-L~ wswreR u.brextm.). # IE — STATIC WHAT DEP WITH S) YOU HAVI WORKED TH THUS FAR. „�h 1�'%.&TCLv�►`T►%tA j lb WAGE STATE DOW* ACTION BY THE CITY COUNCILp�. f-I C.11 PLI<ASR SIAYI !tl>CItD PIRT� L MIPORMATIItiN iDocukwm PRRUMATWN 10 TO W MADE, ON G YOUR REQUEST AND ATTAVH APW V►O� M in L 7-%'"Qf W lack�a . f APPLICANT APPRAISAL FORM Name of Applicant: Richard Green Position: Ciiv Administrator Date: 01 /18/00 SFCTItON /. Consider the overview of the candidate in all categories below and comment on each rating in section II. 1. Why do you feel you are the candidate we should hire? 2. The person in this position must be a leader. Describe your leadership style to this Council. 3. There is an item coming before the Council for consideration. You have knowledge that would affect the Council's decision. A Council Member approaches you and asks that you remain silent on this item. How would you handle this situation? 4. Two employees are very angry at each other and are talking to other employees about each other. This is beginning to cause a morale problem. How would you handle this problem? 5. Are you familiar with or worked with the Florida Main Street Program? S 6. What suggestions do you have for increasing economic activity in the downtown area? 7. What are your career goals 8. Do you have any questions you would like to ask this Council? SECM It Other Factors and Comments: For Additional Comments Use Back SECHON fit. rn Q � C Q 10 cr =1 o q Q o m Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes . No Interviewers Initial's i APPLICANT APPRAISAL FORM Name of Applicant: Bill VeaCh Position: CIN Admlrtis ator SKTMN I Consider the overview of the candidate In all categories below and comment on each rating In section It. 1. Why do you feel you are the candidate we should hire? 2. The person in this position must be a leader. Describe your leadership style to this Council. 3. There is an item coming before the Council for consideration. You have knowledge that would affect the Council's decision. A Council Member approaches you and asks that you remain silent on this item. How would you handle this situation? 4. Two employees are very angry at each other and are talking to other employees about each other. This is beginning to cause a morale problem. How would you handle this problem? 5. Are you familiar with or worked with the Florida Main Street Program? 6. What suggestions do you have for increasing economic activity in the downtown area? 7. What are your career goals? 8. Do you have any questions you would like to ask this Council? SU MN 11 Other Factors and Comments: For Additional Comments Use Back sw MN //I. Overall Appraisal: OUTSTANDING ABovE AVERAGE AVERAGE Date: 01 / 18/00 g r o Q o o BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes No Interviewers Initial's APPLICANT APPRAISAL FORM Name of Applicant: Jim Threewlts Position: Cifv Administrator SWIM Consider the overview of the candidate in all categories below and comment on each rating in Section ll. 1. Why do you feel you are the candidate we should hire? 2. The person in this position must be a leader. Describe your leadership style to this Council. 3. There is an item coming before the Council for consideration. You have knowledge that would affect the Council's decision. A Council Member approaches you and asks that you remain silent on this item. How would you handle this situation? 4. Two employees are very angry at each other and are talking to other employees about each other. This is beginning to cause a morale problem. How would you handle this problem? 5. Are you familiar with or worked with the Florida Main Street Program? 6. What suggestions do you have for increasing economic activity in the downtown area? 7. What are your career goals? 8. Do you have any questions you would like to ask this Council? I SEMN If Other Factors and Comments: For Additional Comments Use Back SFCMN W. Date: 01 / 18/00 m rn IT 3 0 ) m Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE BELOW AVERAGE INADEQUATE m a a- W .a M c 0 =I Recommend employment for current position opening: Yes No Interviewers Initial's EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, is made and entered into this day of , 2000, by and between the CITY OF OKEECHOBEE, FLORIDA, a Municipal Corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY", whose address is 55 Southeast 3`d Avenue, Okeechobee, Florida 34974; and , hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: WITNESSETH: WHEREAS, the CITY COUNCIL has determined to offer the position of CITY ADMINISTRATOR to , and WHEREAS, has determined to accept the offer from the CITY to serve as CITY ADMINISTRATOR; and WHEREAS, the parties have negotiated the terms of said employment which are set forth in this employment contract; NOW, THEREFORE, in consideration of the mutual covenants, premises, and promises set forth herein, the sufficiency all of which is acknowledged, the CITY and the CITY ADMINISTRATOR, desiring to be mutually legally bound, do agree as follows: 1. EmMovment. A. Commencing on the CITY OF OKEECHOBEE hereby employs as CITY ADMINISTRATOR to perform the functions and duties as CITY ADMINISTRATOR as set forth in the City Code of Ordinances 2.52 and 2.53, and as amended from time to time in the sole discretion of the CITY; and such duties as are or may be specified by ordinance, resolution, or direction of the CITY from time to time. Considering this, agrees to accept and to diligently perform the duties as set forth herein. B. This agreement, unless terminated as hereinafter provided, shall commence and remain in effect for a term as set forth below, at which time this agreement shall terminate, unless the terms hereof are modified by mutual consent and/or extended by agreement of both parities hereto in a written modificatior or extension. The initial term of this employment shall be for a period of two years, and shall commence on the day of , 2000, and unless terminated as hereafter provided or other wise extended, shall expire on the day of , at the hour of midnight. This contract, or as subsequently amended, may renew annually thereafter for successive one (1) year terms upon majority Page 1 of 6 • • vote of the CITY, unless: Either party may give written notice to the other of an intent not to renew the annual contract, which written notice shall be communicated to the other party at least 60 days prior to the ending date of this contract. This notice provision shall not apply in the event of a termination with or without cause, as hereinafter set forth. The CITY also retains the right to terminate the employment at any time during the contract year without cause, which will entitle the CITY ADMINISTRATOR to severance pay, as hereinafter defined. C. The CITY ADMINISTRATOR is subject to an evaluation of his/her performance at least once annually, said evaluation to be completed at least three (3) months prior to the end of the contract year. The CITY, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve his/her performance prior to terminating this contract for cause. The CITY ADMINISTRATOR shall perform all duties and functions of CITY ADMINISTRATOR in a competent, professional, efficient and effective manner, which includes a requirement of open and effective communication between the CITY ADMINISTRATOR, Department Heads, employees, and the City Officials. The CITY COUNCIL shall be the sole judge of whether the CITY ADMINISTRATOR performs his/her duties in such a manner. 2. Terms of Employment. A. It is agreed that this agreement shall be subject to all provisions of the City Code of Ordinances and City Charter, as may be amended from time to time. B. The CITY and CITY ADMINISTRATOR agree that the CITY ADMINISTRATOR is a full time professional, managerial employee. In consideration of 29C.F.R 541.102, the CITY ADMINISTRATOR agrees that he/she is properly classified as exempt for purposes of the fair labor standards act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day of 8:00 a.m. to 4:30 p.m., but "full time" employment as used in this contract means a minimum of a 40 hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8:00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR shall during the term of this contract shall not accept, continue with, or perform any employment or actions that will create a conflict of interest between such employment or activities with the CITY or it officials. A "conflict of interest' shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of City policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that interferes with timely and professional administration of City government, or that is contrary to the interests of the CITY. The CITY ADMINISTRATOR and the CITY agree that Page 2 of 6 • in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete his/her duties, which may include being called out after hours or on weekends for emergency situations. D. This agreement may be terminated by the CITY at any time for cause upon 3/5 affirmative vote of the CITY COUNCIL. The term "cause" shall be defined from time to time as set forth under Florida law; and may include a violation of any duty or contractual agreement set forth herein, any ground set forth in Chapter 7 of the City Personnel Policies and Procedures, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the CITY COUNCIL, as provided by ordinance. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no further notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. In the event of termination for cause, the CITY ADMINISTRATOR shall receive no severance or dismissal benefit or any other benefit other than earned and unused vacation or compensation as permitted for unused sick leave or annual leave as set out in Chapter 4 of the City Personnel Policies and Procedures as written or hereafter emended. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay. Additional grounds for suspension shall included arrest or information against the CITY ADMINISTRATOR charging him/her with a felony, or any other crime involving moral turpitude. The decision to suspend the length of suspension may be solely and immediately by the Mayor, but shall be affirmed or denied by majority vote a the next regular or special City Council meeting. F. The rate of compensation paid to the CITY ADMINISTRATOR effective the date of execution of this agreement, or any extension thereto, unless subsequently modified as provided herein, shall be the sum of $ annually, said compensation to be paid in equal installments every week, subject to standard tax and benefit deductions. 3. Benefits. The CITY ADMINISTRATOR shall receive the following benefits: A. All benefits available to every employee as set out in Chapter 4 of the Personnel Policies and Procedures as written, or as from time to time amended by the CITY COUNCIL. B. The CITY shall provide in its sole discretion a suitable automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and from his/her Okeechobee residence, all CITY business and travel as required to perform his/her duties, Page 3 of 6 • 0 including use to seminars, conventions, out of town consultants, etc. C. The CITY ADMINISTRATOR shall be provided a private office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. D. The CITY will pay the premium for group health insurance for the CITY ADMINISTRATOR, with such plan as may be in effect within the CITY; and long term disability and life insurance on the life of the CITY ADMINISTRATOR in such amounts as determined by the CITY. E. The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Manager's Association (ICMA) plan, which satisfies Federal Internal Revenue Service deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonable be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR's General Employee Pension Plan by payment of such amount into a deferred compensation plan, this negates the CITY's responsibility to pay into the General Employee Pension Plan. F. The CITY ADMINISTRATOR shall be entitled, in the sole discretion of the CITY COUNCIL, to periodic merit or longevity salary increases during the term of his/her employment under the CITY's pay plan in effect at that time. G. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities annual meetings; International City Managers Association (ICMA) meeting; Florida City and County Management Association (FCCMA) meeting, other similar professional meetings, located within the State of Florida. Any out of State meetings must be approved by the CITY COUNCIL in advance. The CITY shall pay the annual dues of the CITY ADMINISTRATOR to the Florida League of Cities; the Florida City and County Management Association (FCCMA); and the International City/County Management Association (ICMA). All payments made under this section shall be on a reimbursable basis; provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. 4. Termination and Severance. This contract of employment contemplates that the term of employment is annual, and that either party may elect to not renew the term of employment by providing sixty (60) days notice prior to the ending date of the contract. In the event the CITY were to terminate employment of the CITY Page 4 of 6 ADMINISTRATOR at any other time during the contract period without cause, the CITY ADMINISTRATOR shall be entitled to receive severance pay, which shall be his/her salary for a period of two (2) months, which shall mean a sum equal to 1/6 of the annual salary at the time of termination, subject to all standard deductions. In the event the CITY ADMINISTRATOR is terminated for cause; leaves employment in violation the notice requirements of this contract; or there is not a renewal of the annual contract, then all rights to severance pay are forfeited All other accrued and unused benefits shall be paid to the CITY ADMINISTRATOR regardless of the manner of separation, as previously set forth. The CITY COUNCIL reserves the right to waive strict compliance to this section upon just cause, as determined solely within the discretion of the CITY COUNCIL. 5. Residence. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his/her primary residence within Okeechobee County, Florida and to complete such relocation at his/her own expense within one hundred eight (180) days of the execution of this agreement. 6. General Provisions. A. This agreement shall become effective upon its approval and execution by the last person signing. B. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this agreement shall not be affected and shall remain in full force and effect. C. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. D. The CITY ADMINISTRATOR expressly acknowledges that he/she has read and voluntarily signed this agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four corners of this written employment contract. Further, the CITY ADMINISTRATOR acknowledges that this agreement has been fully reviewed by him/her; that it is completely understood; that he/she has consulted with private counsel or had the opportunity to do so and voluntarily opted not to do so. E. The parities hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorneys fees from the other for claims or litigation arising out of the interpretation or enforcement of this contract. Page 5 of 6 F. This contract shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parities stipulate that venue therefore shall be at all time Okeechobee County, Florida. G. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employment of the CITY ADMINISTRATOR, is strictly and absolutely within the sole complete discretion of the CITY COUNCIL, and that CITY ADMINISTRATOR covenants and agrees that he/she absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY ADMINISTRATOR due to such decision. IN WITNESS THEREOF, the parities have made and executed this agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this day of , 2000. ATTEST: Bonnie S. Thomas, CIVIC, City Clerk As to the City Administrator: Signature: Print Name: Date: As to the City of Okeechobee: Date: James E. Kirk, Mayor Page 6 of 6 U U Page 1 of 4 dOr Olcft�.� A :A Lh S� u ' MEMORANDUM To: Mayor, Council Members and City Attorney From: Bonnie S. Thomas, City Clerk/interim City Administrator Subject: Status Report Date: January 12, 2000 1. A letter was mailed to Mr. Dennis Horton advising him of Council's decision to withdraw the employment offer. 2. Mr. Milita was contacted for a copy of the contract. It should be ITEMS FROM THE arriving in the mail by next week and will be presented to the Council JANUARY 4T" at the February 1 Agenda. COUNCIL MEETING 3. 1 am still working on getting in touch with DOT regarding the intersections along the East side of South Parrott Avenue. 4. Call 3 Administrator Applicants were contacted by phone and letter, to be present at the January 18th meeting for the interviews. A few modifications have been made to the phone system in order to make it more user friendly. In addition to dialing by extension numbers, a person PHONE SYSTEM can dial by name and department list, this also shortens the wait for anyone wanting an operator or calling from a rotary phone and having to wait for the operator. These changes were done at no any additional cost. Advertisements were published in Sunday, January 8th Edition of the St. PUBLIC WORKS Petersburg Times, Palm Beach Post, Orlando Sentinel and Okeechobee DIRECTOR News for the Public Works Director, applications must be returned by January 24th, and scheduled to be reviewed by the Council at the February 1st meeting. 9 applications have been given out for the position BUILDING PERMITS Independent Inspections issued 7 permits on behalf of the City from December 1 - 31, 1999 and conducted 2 occupational license inspections. Will meet on Tuesday, January 25, 2000 at 7:15 p.m. to consider a Special BOARD OF Exception Application submitted by Sylvia Nelson in order to have a house ADJUSTMENT of worship on a piece of property less than 5 acres, Lots 7 and 8 of Block 253, Vt Addition to the City of Okeechobee (corner of SE 211 St & 5th Ave). LAND PLANNING Will meet on Tuesday, January 25, 2000 at 7:30 regarding amendments to AGENCY the LDR's, specifically temporary use permits, and amendments regarding telecommunications and cellular towers in zoning districts. Page 2 of 4 Will meet on Tuesday, January 25, 2000 at 7:00 p.m. to consider a Rezoning PLANNING BOARD Application submitted by Sylvia Nelson in order to rezone Lot 8 of Block 2253, 1st Addition to the City of Okeechobee from C2 to RSF (corner of SE 2 nd St & 5th Ave). The contract was reviewed by Attorney Cook and the Deed is completed, he CITY HALL PARK will be bringing it to get it executed. Julie is working with Lawson, Nobel and Associates to start the survey work and preliminary plans. 1. Updating and modernization of City Ordinances (Code Book) (Currently discussing temporary permits with Land Planning Agency to prepare amendments to bring to Council for final approval, Ordinance No. 737 and 738 are also a part of this on -going process). 2. Letter to Grit/Titan/Riscorp regarding Assessment Payments. 3. Amend LDR's to reflect set back requirements and the tower issue (Currently discussing telecommunication issues with Land Planning Agency to prepare amendments to bring to Council for final approvan. 4. Adelphia Cable TV Franchise Agreement Renewal. (Wrote them a letter the middle of December requesting a meeting with City Staff and has not OUTSTANDING ISSUES - received a response from them). 16. CITY ATTORNEY Sprint Telephone Franchise Agreement Renewal. 7. Adult Entertainment Ordinance. (Is working with and waiting for the County Attorney to complete his research). 8. Referendum for Tax Abatement for Economic Development (November Ballet). 9. Historic District Ordinance. I have a file which itemizes Attorney Cook's request for payments for October, November and December, items completed (including the Melland Issue) in my office and Finance. We received the Grant Book from the Florida League of Cities as a result of Council requesting information on grants. I asked Julie to go through the GRANTS book and see if there is anything that the City might be interested in. She brought me copies of several information sheets on various grants, come by my office and see whether or not there are any you would be interested in applying for City. 1. Ropee Sanders is back to work full-time. FIRE DEPARTMENT 2. Went with the Building Inspector and Interim Public Works Director to conduct a Preliminary Inspection of the Walgreens Site. There are 2 major violations. The first is, the sidewalks are extremely rough and 0 • Page 3 of 4 uneven, this must to be corrected prior to the City accepting them for maintenance. The second violation is the pipe going into the retention FIRE DEPARTMENT area is approximately 4 to 5 inches below the pond and should be CONTINUED above it. The Building Inspector will be forwarding a letter to the Walgreen's Developer stating the major violations in addition to several minor violations, Certificate of Occupancy will not be issued until all is taken care of. Marvin Brantley appeared before the Code Enforcement Board on Tuesday, Jan. 11'. Following testimony from the Code Officer and being provided with CODE ENFORCEMENT 16 traffic violations the Code Board's official actions was finding Mr. Brantley as a repeat violator, assigned a $500 per day fine beginning 1/1/2000 and continuous until he corrects all violations which he was sited for. POLICE & FIRE Met with the engineers and architect on January 11th at the Library building BUILDING and existing public safety building, preliminary drawings should be back in RENOVATIONS three weeks. Surveyors will begin doing work next week. 1. PRM Interlocal Agreement - Consolidate policies between the City, County and Sheriffs Office to achieve lower premiums (John Spyker). 2. Re -structure salary schedule (City Clerk and Department Heads). 3. Re -submit application for Affordable Housing through Craig A. Smith & Associates (Nancy Phillips & City Staff). 4. Updating required insurance programs, ie: safety, blood born pathogens, drug -free workplace (Chief Tomey & Safety Committee). 5. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook). 6. Reformat budget presentation (Mayor and Finance Coordinator). OUTSTANDING ISSUES 7. OUA Fire hydrants, road cuts and well points (Council, Administrator and Public Works Director). 8. Bids and awards for Side Mower and consider a bucket truck for Public Works (Public Works Director). 9. Review need for additional personnel in City Clerk's Office and General Services (Mayor and City Clerk). 10. Final determination regarding implementation of 99-00 capital outlay in Street Improvement (Lawson, Noble & Associates and Council). 11. Traffic Signal at South Parrott Avenue and 4" Street (Chief Farrenkopf and DOT). (DOT is cun'ently doing a study on this). 12. Enhanced 911 (City and County Staff). Page 4 of 4 OUTSTANDING ISSUES CONTINUED CHINESE DELEGATION STORM DRAINAGE REPLACEMENT 13. Safety inspection/compliance of Public Works from the Florida Department of Labor Safety and Health Program (Public Works Director). Lona Term: 1. Re -apply for FRDAP Grant for Phase 2 of City Hall Park Project. 2. Apply for CDBG Grant for continuation of Downtown Project. 3. Address traffic congestion problems due to hurricane evacuations. 4. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 5. Construction of bridge of Taylor Creek for access to City Property. I still have not heard from Ms. Pickle to discuss this issue with her. Interim Public Works Director Lamb is currently obtaining prices to replace three pipes and 1 manhole (catch basin) for storm water drainage at Southwest 8 h Street and 2`d Avenue. He has received one quote of $34,000.