1991-06-04 Regular MeetingF oKE C,
o. �.y
CITY OF OKEECHOBEE
oRioP C I T Y C O U N C I L M E E T I N G
June 4, 1991 - 7:00 P.M.
gTTMMARV nF mrTNCTT. ArTTnN
Par,(, 7 c4 77
Voff
YES
W
COUNCILMEMSERS/ACiION
A. Call meeting to order.
Mayor Kirk called the meeting to order at 7:00 P.M.
B. Invocation offered by Pastor Dale Tweedale
Invocation offered by Pastor Dale Tweedale;
Pledge of Allegiance led by Mayor Kirk.
Mayor Kirk led the Pledge of Allegiance.
C. Mayor and Council attendance:
Mayor James "Jim" Kirk
Present
X
Councilmember R.R. "Nick" Collins
Present
X
Councilmember Danny Entry
Present
X
Councilmember Jerry E. Walker
Present
X
Councilman Dowling R. Watford, Jr.
Present
X
Staff attendance:
City Attorney John R. Cook
Present
X
City Administrator John J. Drago
Present
X
City Clerk Bonnie S. Thomas
Present
X
City Deputy Clerk S. Lane Earnest
Present
X
D. Motion to dispense with reading and
Councilmember Entry made a motion to dispense with reading and
approve the Summary of Council Action
approve the Summary of Council action for the regular meeting of
for the regular meeting for May 21, 1991
May 21, 1991 and the workshop of May 28, 1991; seconded by
and the workshop of May 28, 1991.
Councilmember Collins.
KIRK
X
COLLINS _
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Ed
June 4, 1991 - ReguLan Meeting - Page 2 ob 17
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
F. NEW BUSINESS
1. Motion appoint Mr. Charles McElheny as
a new fire fighter - Fire Chief.
2. Motion to approve $28,000.00 to Reese,
Macon and Associates for inspection
services for Water Plant Modification
Project - Interim Director Groover
(Exhibit 1).
COUNCILMEMBERS/ACTION IYES
Administrator Drago announced item number four under new
business, exhibit two was added to the agenda.
Councilmember Collins made a motion to appoint Mr. Charles
McElheny as a new fire fighter (assigned to the Fire Department);
seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Councilmember Entry made a motion to approve $28,000.00 to Reese,
Macon and Associates for inspection services for Water Plant
Modification Project; seconded by Councilmember Collins.
Councilmember Watford stated that this is part of a continuing
contract; and asked the Administrator, do you feel that this
charge is fair?
Administrator Drago commented that he had reviewed the fee
request with PUID Groover who worked out what she and Engineer
Reese felt was necessary to do the inspection work for the plant
and it was based upon her recommendation that the $28,000.00 be
approved, they found it to be fair, yes.
Vote on motion is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
T//1TT/t /T TTTTn
VOTE
June 4. 1991 - Reautan Mee-tina - Paae 3 o
F. NEW BUSINESS
3. Discuss contract negotiations - Mayor
Kirk.
4. ADDITIONAL ITEM TO THE AGENDA Motion to
approve a Consent Order (Agreement)
between the City and Department of
Environmental Regulation - Engineer Bill
Reese (Exhibit 2).
COUNCILMEMBERS/ACTION
Mayor Kirk introduced this matter as being for continuation of
discussion on negotiations of contracts from the last meeting.
(Procedures for negotiation of contracts under the provisions of
the Consultants Competitive Negotiations Act).
After discussion by Council and staff, motion was made by
Councilmember Collins that the mayor, city administrator, and
the appropriate department head and anyone from their department
that they feel is necessary, to be in on the discussions or
whatever, for the contract negotiations under the Consultants
Competitive Negotiations Act; seconded by Councilmember Entry.
Council, "any contract under the Consultants Competitive
Negotiations Act."
Vote on motion is as follows:
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk introduced item four on the agenda which is the consent
order (from DER) for discussion. **For motion and second for
approval of this item (4), please turn to page fourteen.
VOTE
YES I NO
X
X
X
X
X
June 4, 7997 - Requfan Mee-tinq -Page 4 o6 77
F. NEW BUSINESS
4. Continued . . . .
COUNCILMBMBFRS/ACTION
Administrator Drago opened the discussion by saying he asked
Engineer Reese to come to the meeting so he could explain the
Consent Order (Agreement). From the technical aspect of it,
Engineer Reese and PUID Groover were the two lead people who
negotiated the Consent Order (Agreement) with DER. The other
Consent Orders (Agreement) that we have looked at in the past
really were one sided. This Consent Order (Agreement) as far as
I am concerned and the City's Bond Council is concerned is a
fair Consent Order (Agreement) to both parties. I will let
Engineer Reese come up and explain the details of it so the
Council gets a full understanding of what we are committed to do
and what DER is committed to do. But, before he does that,
everything is predicated on the direction that the Council
established about a year ago --that is to do the wells and to
make the modifications to the water plant down at the lake.
There is some flexibility in this Consent Order (Agreement) that
if those plans were to be altered somewhere down the road that
the City can go back to DER to make the necessary changes in the
Consent Order (Agreement).
Engineer Reese began first by giving the Council a progress
report on the wells that were advertised for bid about three
weeks ago. Nine bids were received today and we expect to have
them back to you in two weeks with a recommendation of award. We
go again to South Florida a week from today. The staff has
approved the permit application. We have receivea verbal okay
from DER on the well site. So we are moving fo ard.
The Consent Order (Agreement). We have spent off and on six to
eight months on this thing. You will recall the previous
Consent Order (Agreement) that was out we did not feel was
appropriate. Our feeling at that point was there is a time and
a place were a Consent Order (Agreement) can work for the city,
there's a time and a place were it does not work for the city.
We felt the initial one did not work for the city. DER feels in
a very big way that they want some consent language of some kind
with the city. The latest version they came out with, before we
started the latest rounds of negotiation here about three months
ago, we also were not comfortable with. In our opinion
basically it did not have much in it for the city.
VOTE
YES 1 NO
June 4, 1991 - Requtan Meetinp - Pape 5 oA 17
F. NEW BUSINESS
COUNCILMEMBERS/ACTION
V(7fE
YES
M)
ABM
4. Continued . . .
After intense negotiations of the latest document we feel the
main feature is that it is tied to an agreement on their part to
allow an increase in the current plant capacity from 2.88 to 3.2
million gallons a day.
This upgrading basically does not involve anything substantive
that was not contemplated in the program I outlined to you about
six or eight months ago, to simply improve the efficiency of the
plant. There are some items external to the bid documents.
Normal maintenance -type items have been discussed at some point
over the last year or so. Things that were contemplated and for
the most part I think budgeted for this year anyway. The
emphasis will be to get those things done prior to completion of
the contract to expand it to 3.2, so it could all come together
at the same time.
One of the fair features of the Consent Order (Agreement), that
�-
we spent a lot of time on concerning the extra capacity, you did
�.
not need to wait until the expansion is complete to start making
connections. That is a very big plus for this document for the
city. The way it basically works is you get 25% of that volume
when the Consent Order (Agreement) is executed and a contract is
signed to start the water plant work. You get an additional 25%
when the pilot study on the ground water wells is successfully
completed. The pilot study is part of the well drilling contract
that should be on its way to you in a couple of weeks, so that
again is three or four months down the road to bring that to
completion. You get an additional 25% when the 3.2 upgrading is
complete and the last 25% with your 50% completion of the ground
water project. Another significant item in here I am sure
everybody remembers the confusion that went on over the
additional 70,000 gallons volume that was given to the city
previously. The confusion was over how to calculate the 70,000
gallons allocation. The way this works is the new capacity that
we are talking about only applies to extensions to the system
that would normally require a DER permit and not for fill-ins on
existing water lines. If for some reason the flow does go over
3.2 million gpd at the plant that is not associated with a water
main break or something unusual, DER has the ability to prevent
any further connections to the system.
F.
4.
NEW BUSINESS
Continued .
COUNCILMEMBERS/ACTION
The third primary feature of it is the
correcting some low chlorine residual
are in the midst of the master plan
problems and will recommend solutions
problems. The city has low flows in si
residual lowers. DER agreed to allow
and develop a time -table to get rid
table we have come up with will be ad
City will be committed to
problems in the system. We
which has identified the
to the chlorine residual
3me areas and the chlorine
us to come up with a plan
3f the problem; the time -
opted as approved by DER.
The fourth item obviously does commit the city to proceed with
the ground water facility.
There are penalties in here for lack of performance. There are
still opportunities to have some pitfalls in this thing,
including developing language for the permit for the 3.2
upgrade. We have a draft permit for the 3.2 expansion, and they
are talking about adding various things into that. This program
solves your water supply problem immediately and this interim
solution (the upgrade) is long enough to carry you through the
program being completed. That is not withstanding somebody
comes in here wanting to put in an 800 lot development. I think
its a good program.
I want to caution you on a couple of things: DER worked very,
very closely with us on this. They turned this permit out in
twenty-nine days from the time we submitted it. So they have
worked hard, they feel like they are making a commitment here.
Part of the reason they are doing that is that the whole
emphasis of this thing is based on time. Construction needs to
occur during the off-season. So the whole thing is keyed to
time and I have to say that they did hold their end up in the
timing. The down side of the whole thing and they asked me to
be sure to express it, they want the City to understand that
they have done some rather extraordinary things to get to this
point, both the Consent Order (Agreement) and permit, and they
will be upset if it does not move forward. We recommend that
you execute this or authorize execution of it pending receipt of
the formal permit for the uprating, I do not want to see you
commit to something without the permit. We have requested of
PUID Groover that we bid this thing on the 28th of June for the
expansion.
VOTE
UMILME =B&fIN
F. NEW BUSINESS
4. Continued . . . .
COUNCILMEMBERS/ACTION
Administrator Drago interjected two other points: One is you
may want to go over who develops the time -table for the
construction work for both the plant and the thing (permission
to go ahead with the CDBG).
Engineer Reese continued that, initially we went through a lot
of directions on this thing and initially they wanted to set a
number of dates. We were fairly uncomfortable with setting
those dates. Particularly to some extent where we are depending
on their motion. There are two significant dates that are set:
One is that 195 days from issuance of the formal permit the work
at the existing plant will be substantially complete; The other
condition is by April 1st of next year work will commence on the
ground water project.
Administrator Drago stated the other thing is them granting us
permission to go forward with the Community Development Block
Grant.
Engineer Reese continued, we wanted to be sure that since a DER
permit is necessary, that these lines were not counted in our
allotment, since it is basically replacing lines. We met with
them and told them we just basically wanted their tacit
acknowledgment of that and agreement that it would not be
counted in that fashion, and they did agree to do that.
Councilmember Walker asked Engineer Reese, if everything goes
according to the schedules and the dates that they set here, if
we can meet them, in about seven to eight months we would have
the 3.2 million gallons?
Engineer Reese answered yes, within seven to eight months you
will be done with the 3.2 which will give you 75% of it and you
get the last 25% when the ground water is 50% done.
Councilmember Walker stated, then somewhere around 280,000
gallons extra.
VOTE
YES 1 NO
r.3
- Paoe 8 oA 17
F.
4.
NEW BUSINESS
Continued .
COUNM MEMBERS/ACTION
Councilmember Collins asked
talking about 80,000 gallons
Consent Order (Agreement) is
You get another 80,000 when
get another 80,000 when water
completed, then you get the
50% completed? None of the
against this allotment? I
permit?
if you break the 25% down you are
right? And you get 80,000 when the
signed and the contract is signed.
the pilot study is completed, you
plant at the lake is substantially
other 25% when the ground water is
infill connections will be counted
t will just be things you have to
Engineer Reese continued, that is correct (to all three
questions). To put that into perspective, you normally have
been adding I think, two hundred units a year, you and Beach
(Water) together I guess, based on the flows that they are
talking about assigning, if it was all single family connections
in a year you would use up about 105,000 gallons capacity. We
are figuring at this point in less than two years we should have
the ground water plant on line and you have got up to 320,000
gallons available to you, it should work.
Councilmember Watford asked do we have to pay them $1,000?
Administrator Drago, yes, I tried (to lower it).
Councilmember Watford asked about the chlorine residual, I
noticed we have to continue to monitor it. Have we been doing
that weekly? (PUID replied, yes) So we continue to monitor
that. We have to notify them and then within seventy-five days
of the execution of the Consent Order (Agreement) we have to
have recommendations for solving that problem? That is what you
were talking about the master plan you feel will be done by
then? (Engineer Reese replied, yes) And however we do that,
which I guess takes engineers, we are going to have to hire you
or someone else to come up with some kind of plan. The master
plan itself, will it have a solution to this? (Engineer Reese
replied, we will put that in the master plan). So that will
hopefully alleviate our chlorine problems that everybody is
complaining about.
Administrator Drago commented that the key element there is we
get to make the recommendation on how to solve the problems to
DER and the time -table that goes along with it.
YES
VOTE
Juno 4_ 1991 - Rontjfnh Mootinn - Pnno 9 nl 17
F. NEW BUSINESS
COUNCILMEMSERS/ACTION
VOTE
YES
NO
ABSEM
4. Continued . . .
Councilmember Watford stated, I do not quite follow. If they
are not going to include the infill as part of that allocation
we will still be bound by what our maximum flow is or will we
not be bound by our maximum flow? I do not quite follow the
distinction, we can only pump so much water anyway, with our
permit, right?
Engineer Reese explained that the problem is tracking of the
infill was complicated at best. There was some
misinterpretations of average day vs. max day. We did not want
to get into pulling a permit for each connection. The time
alone to write them a letter that someone wants to turn service
on, you have to get their okay, so that part bothered us. What
the basic agreement was that your average usage in town is under
the national average for a typical single family dwelling.
Normally you figure 350 gallons per connection per day in a
single family dwelling, I have forgotten the exact numbers here
but its around 300 or a little less. Your peak factor (that is
the ratio average to max day) at the water plant has been
averaged under 1.5. What we agreed to was let us set the
allocation based on 350, higher than you have, set the peak
factor at 1.5 (higher than you experience) in exchange for that
we only apply this to new connections and the infill does not
count. Your question is, if you go over the 3.2 million gpd,
yes, there would be no more connections.
Councilmember Watford stated, that is the point I was trying to
make, just cause we do not count them, they still count?
(Engineer Reese replied, right, flow is still flow) I do see
that when the monthly flow exceeds 85% we will implement water
conservation measures as set forth in the water conservation
plan. I do not recall, do we have a water conservation plan?
4, 1991 - Recu 4 Mee-tino - Paoe 10 of 17
F.
4.
NEW BUSINESS
Continued . . . .
COUNCILMEMBERS/ACTION
Engineer Reese continued that there was a condition of the
previous negotiation which said you would adopt a water
conservation plan. We developed a nine or ten point document
that is very brief. We turned it in to DER and said, at that
time for our requirement, this is what we propgte, please review
it. If you have comments on it let us know ' After we receive
your comments we will incorporate them if appropriate and
recommend them for formal adoption. They never responded, so
what will happen with this thing is if this is executed we will
remind them that they have that and ask them for their comments
again. They said they had looked at it and basically it was
okay. It basically said you will adopt the South Florida
guidelines, nothing drastic.
Councilmember Watford commented that the fine situation in
paragraph thirty, we will call it, $200 a day if you do not do
certain paragraphs and $400 a day if you do not comply with
other certain paragraphs (Engineer Reese replied, that is
correct). I guess we feel like we can meet all these so we may
not incur those fines?
Engineer Reese continued that the two time frames that are
established there do not allow a lot of latitude. It is
basically going to say the program is going to pick up and move
forward as fast as it can reasonably move forward. I would
point out, there is a provision in here if in the event there
are delays beyond your control, the burden of proof upon you the
city, then there is the option to go in and modify the time
frames accordingly. We have done that with them in the past.
Usually they are very acceptable to that as long as your first
request is not right off the bat.
Councilmember Watford stated that what concerns him is our well
situation. Are we now locked in to that with no escape, if we
see that this for some reason or another is not going to work,
if it is not going to be the best way to go are we now locked
into that?
VOTE
VES )1)
June 4. 1991 - Reautan Mee-tina - Paae 11 of 17
F. NEW BUSINESS
COUNCILMEM$ERS/ACTION
VOTE
YES
NO
ASgNI
4. Continued . . .
Engineer Reese replied, you are locked into it to the point
where if there is something beyond your control that causes a
delay or some circumstance that says it is not something you can
do any more, with the burden of proof being on you, no you are
not, but there is the burden of proof on the city that there is
some just reason why that cannot move forward either physical,
political or otherwise.
Councilmember Watford added, for example, let us say we drilled
four wells and we determine we cannot get enough water then
obviously that would be beyond our control, or if there was to
much salt, or other problems, but if we just decide we would be
better off to go surface water then you are saying if we just
decide that on our own we may have problems justifying that?
Engineer Reese answered that, I am saying that you would have to
have some reason that you could convince them of that. I do not
know what that would take, but yes, there would have to be some
justification.
Councilmember Watford asked, I noticed our cover memo it said
V
that John Cook is reviewing this now, since he is our attorney,
does he have any questions?
Attorney Cook advised that, I only got a chance to review this
one (Consent Agreement) very briefly, I got it late yesterday,
I have reviewed each Consent Order (Agreement) thoroughly since
1988, and the provisions in this one are pretty consistent with
the prior Consent Order (Agreement), except for the changes
Engineer Reese was able to get, which I think he has done a real
good job for the city's interest. The city needs to consider,
what Councilman Watford brought up, once you sign it you are
saying you can do these things and if we cannot do it then we
are going to have problems so, it pretty much depends on the
engineers opinion that these time frames are feasible to get
accomplished because if we cannot accomplish them DER could put
some heavy penalties on us.
Councilmember Collins added, on the other side of the coin, if
we do not sign it we are in a lot of trouble too, so they got us
by both ears.
F. NEW BUSINESS
4. Continued . . . .
e-�
COUNCILMEMBERS/ACTION
Attorney Cook advised that there is no question the city will
have to enter into a Consent Order (Agreement). Its a matter of
one that is most palatable to the city and based on prior
Consent Orders (Agreement) that I have seen, prior to Engineer
Reese working on this one, this seems to be the most palatable
one we have seen so far.
Mayor Kirk commented, but, it would not be impossible for us if
we started with the wells and it did not work to get with them
and move in an entirely different direction?
Engineer Reese replied, no, I do not think it would be, as long
as there is proof.
Councilmember Watford asked if for some reason Beach Water
decided to pull out and not be a customer any more and we had
that capacity back, are we still tied to going ahead with the
ground water, wells?
Engineer Reese answered that they are going to ask a couple of
questions, I am not prepared to comment what they would say
exactly, but they are going to ask what you are going to do
between now and '94 when their contract runs out. I think you
could probably make a case if you say I am not going to have
these additional customers in '94 therefore I do not think I
need a 2 million gpd plant. But I think it would be tough to
make a case to say three years from now they are not going to be
here so I am not going to do anything for the next three years.
Councilmember Watford asked, but would that not slow down our
time -table here?
Engineer Reese replied, I doubt it.
Administrator Drago commented that, one other thing, back to
that Community Development Block Grant. If the Council goes
ahead and approves this Consent Order (Agreement) contingent
upon getting the formal permit, PUID Groover is going to send
out advertising for the engineers to do the Community
Development Block Grant engineering for the water lines and when
the proposals are received they will be reviewed by Bobby Birts
and his maintenance crew for recommendation for PUID Groover."
VOTE
YES 1 NO
June 4, 1991 - Reau&A Meetina - Paae 13 N 17
VOTE
YES
W
ABSENI
F. NEW BUSINESS
COUNCILMEMBERS/ACTION
4. Continued . . .
Mayor Kirk interjected that, I think the one thing we have got
to consider is we are making a commitment to proceed with the
wells; and I think that is the direction we had already started
in. If we are going to continue in that direction, that is fine,
then I think that we should move and move now.
Councilmember Collins commented, I think considering that we do
not have water and we stand to get 80,000 gallons soon and
another 80,000 gallons within about three months and another
80,000 gallons a few more months down the road and we have got
people here now wanting to build and cannot get an allocation,
personally this is the best Consent Order (Agreement) that we
have had, that is per John Drago, per John Cook, per Bill Reese,
and per Bill Zvara. And if we have got a chance to get our
people some water, I think we would be foolish to turn it down.
Because there is another side to that, if we do not sign the
Consent Order (Agreement) we are in deep trouble too.
Mayor Kirk stated, I feel like we committed ourselves to the
wells some time ago anyway. To at least see if that is going to
C1
work, bearing that in mind, the only thing I see in this
agreement based on explanation is the time -table and I am going
to have to trust you (Reese) for that, that you have set times
that we can live with because if you did not and we started
paying penalties we would be upset to say the least.
Engineer Reese commented that, I understand your concern. I
want you to understand the negotiation process is that we
started off with time frames that we knew were safe. Part of
getting this 3.2 uprate now and getting released to connect
people before it is even done, is connected to our ability to
show this can be done before peak season is over with, so the
existing plant work can be done but its going to be tight. To
have made it longer they would have said okay fine make it
ilonger,
but you are not going to get to use it until you get it
J
done. So it is a tight time frame. I would also point out that
to the extent it is controlled by construction contracts, we
will stipulate completion date requirements in there. And we
will be sure, very sure we have them pay the penalties if it is
not done.
June 4, 1991 - Reaufax Mee-tina - Paae 14 of 17
C2
C"1
F. NEW BUSINESS
4.
G.
2.
Continued . . . .
COUNCIL REPORTS AND/OR REQUESTS:
Councilmember Collins:
Councilmember Entry:
COUNCILMEMBERS/ACTION
Councilmember Collins made a motion to authorize the Mayor to
sign the Consent Order (Agreement) contingent upon receiving a
formal permit for the modification work for the water treatment
plant; seconded by Councilmember Entry.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
a) Councilmember Collins asked Engineer Reese if he had time
to run the flow test for the master plan? When can we expect
that master plan to be finished?
Engineer Reese answered the flow test had been done and that he
had come across some additional problems but it should be done
within a month.
b) Councilmember Collins asked for the status of the lift
stations at the Junior High School.
Administrator Drago answered they were still waiting for the
School Board to purchase the pumps for the lift station.
a) Councilmember Entry asked the status on the remedial work.
Interim Director Groover explained, "a letter has been written
to DER by Knepper and Willard requesting the permission for the
authorization to put the Southeast section on line, were just
waiting for their response. DER will be in town Thursday for
the open house at the wastewater treatment and were hoping to
lean on them a little bit. The Southwest section I am not real
sure about. As far as I know all the pipe is in the ground. I
believe there is some testing going on in the Northwest
section".
YES
X
X
X
X
X
VOTE
T„tin A 1001 DnnnPnh AAnD-t;on _ Dnnn 19 n6 17
G. COUNCIL REPORTS AND/OR REQUESTS:
COUNCILMEMBERS/ACTION
VOTE
YES
M)
�c NI
3. Councilmember Watford:
a) Councilmember Watford brought up the subject of taking down
the yellow ribbons in the downtown areas which were placed there
in commemoration of our military forces, asking when would be an
appropriate time for their removal. Council decided to wait
until after July 4th to take the yellow ribbons down.
b) Councilmember Watford expressed his appreciation to the
Public Utilities department and the Public Works department for
having to put in work over the holiday (Memorial Day).
c) Councilmember Watford stated he understood the County
Commission had rejected our proposal for the interlocal
agreement.
Mayor Kirk explained, "myself, the City Administrator, Chairman
of the Commissioners Harvey and the County Administrator
(Milita) met and talked for several hours. Disagreed on a lot
of things as we talked, but as the meeting progressed we did
e�
come up with an interlocal agreement. It was not a lengthy
document and it was not real strong because of some of the
things that were said in the meeting between the four of us that
I will not get into at this time. What bothers me is that this
thing was typed and sent to them as all four of us had agreed,
it was not just authored by the City but co-authored by the City
and County. As we departed from that meeting, shaking hands,
one of my last comments to them was simply I hope that in the
future when the City and County's got a problem that we can sit
down like this, talk about it face to face and solve the
problem.
The document was typed, I am convinced it was typed just as the
four of us agreed, was sent to them, they brought it up in their
meeting after having held it for about two weeks and not calling
us to tell us there was any kind of a problem with it. They
brought it up in their meeting an said, here is a document, do
not vote for it. Personally I would not have done that to my
own Council I would not have sat through a meeting, come up with
a document like that, present it to you people and say here it
is we have worked it out, now do not vote for it. If I would
have had a problem with it I would have taken it back and said
hey, we do not have anything here yet, lets talk it over.
June 4, 1997 - Reau&n Meetina - Paae 16 of 17
G. COUNCIL REQUESTS AND/OR REPORTS:
3. Continued . . . .
4. Attorney Cook:
COUNCILMBMBERS/ACTION
That did not happen and I am very disappointed. I did read the
comment of their attorney and for his benefit I would like him
to know that the people he was criticizing was his own employers
because they did help us write that. We did not dream this up.
I feel like we are still willing to sit down and talk with them
and try to work out an interlocal. I am very disappointed that
they did not call us back instead of hitting the paper with all
this and bringing it up in their meeting if they did not want to
try and pass it. I think we put the ball in their court and
they fumbled it."
Following further discussion the Council agreed they were open
to a counter proposal from the County and that in the future all
meetings between the City and County should be taped.
d) Councilmember Watford asked if the beautification ordinance
was going to be discussed? Councilmember Collins suggested a
workshop be held on June 18, 1991, Tuesday, at 5:30 P.M. to
discuss the beautification ordinance; Council agreed.
a) Attorney Cook advised the Council he had received a letter
from the insurance company on the suit of Bechler vs. the City
from when he was helped down the stairs in one of meetings and
says he was injured. "The attorney sent me a copy of the letter
she had sent his attorney saying enclosed please find a check
for $9,000.00 in complete settlement of the case. As we all
know, all settlements of this nature have to be approved by the
City Council. I recommend the Council ratify this."
Councilmember Collins made a motion to approve the settlement,
per our insurance carrier, for Bechler, for $9,000.00; seconded
by Councilmember Walker.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
YES
VOTE
June 4, 1991 - Requ.Lan Mee-tinq - Page 17 oA 17
COUNCILMEMBERS/ACTION
VOTE
YES
NO
AS-9EM
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 9:00 P.M.
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON
SHOULD DECIDE TO APPEAL ANY DECISION MADE
AT THIS MEETING OF THE CITY COUNCIL, SUCH
PERSON WILL NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS BASED. A COPY OF THE
RECORDING CAN BE OBTAINED IN THE CITY
CLE OFFICE.
esE. Kirk, Mayor
�1J
Attept:
Bonnie S. Thomas, City Clerk, CMC
_i