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2009-12-01CITY OF OKEECHOBEE DECEMBER 1, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: December 1, 2009, City Council Regular Meeting, 7:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. Mayor Kirk called the December 1, 2009 Regular City Council Meeting to order at 7:02 p.m. The invocation was offered by Reverend Jackson, International Prayer Warriors for Christ; Followed by the Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present PAGE I OF 6 383 A. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the November 3, 2009 Regular Meeting. November 3, 2009 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 384 DECEMBER 1, 2009 - REGULAR MEETING - PAGE 2 OF 6 V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2009 Warrant Register: Council Member Watford moved to approve the September 2009 Warrant Register in the amounts: General Fund, four hundred ninety thousand, two hundred thirty dollars and forty cents ($490,230.40); Public Facilities Improvement Fund, General Fund ............................. $490,230.40 three hundred twenty-nine thousand, seven hundred eighty-seven dollars and two cents ($329,787.02); and Capital Public Facilities Improvement Fund ............ $329,787.02 Improvement Projects Fund -Impact Fees, thirteen thousand, nine hundred forty-three dollars and twenty cents Capital Improvement Projects Fund -Impact Fees $ 13,943.20 ($13,943.20); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to approve the amended October 2009 Warrant Register: Council Member Watford moved to approve the amended October 2009 Warrant Register in the amounts: General Fund, three hundred ninety-six thousand, five hundred thirty-seven dollars and thirty-five cents ($396,537.35); Public General Fund ............................. $396,537.35 Facilities Improvement Fund, eleven thousand, four hundred ten dollars and eight -two cents ($11,410.82); and Capital Public Facilities Improvement Fund ............. $ 11,410.82 Improvement Projects Fund, twenty-five thousand, five hundred seventy dollars and fourcents ($25,570.04); seconded Capital Improvement Projects Fund ............ $ 25,570.04 by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - 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. Unfinished Business Item A was deferred until January 5, 2010. VII. UNFINISHED BUSINESS. A. Motion to accept a Warranty Deed from G-4 Land & Cattle Item was deferred until the January 5, 2010 meeting. Company, Keith Goodbread, President - City Attorney (Exhibit 1). 38,5 DECEMBER 1, 2009 - REGULAR MEETING - PAGE 3 OF 6 Vill. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 09-14 regarding the Council Member Watford moved to adopt proposed Resolution No. 09-14 regarding the Okeechobee Legislative Okeechobee Legislative Delegation - City Administrator (Exhibit 2). Delegation; second by Council Member Markham. The title of proposed Resolution No. 09-14 reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT THE ISSUES DENOTED HEREIN BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2010 LEGISLATIVE SESSION." Administrator Whitehall noted the issues as outlined in the proposed Resolution and will be presented at the Annual Legislative Delegation Meeting on Wednesday, December 2, 2009 at the County Health Department from 1 pm to 3 pm. The issues are as follows: Storm Water Retrofit; State Road 15 and 70 intersection; Support City, County & OUA Projects; Prohibition of bullet resistant possession by felons; Texting while driving defined as careless driving; Opposing cuts to existing training dollars for Law Enforcement Officers; Opposing 911 Dispatcher certification mandates; Support Protect Children from Dangerous Lights Act; Support cost -saving legislation to internet publish notices of a less important nature; and Oppose November 2010 Constitutional Amendment 4. Council Member Watford made a motion to amend proposed Resolution No 09-14 to add, "objection to Senate Resolution 598:" seconded by Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFQRD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. B. Motion to approve the OL!;Cnase of the Holmes property in the City On November 16, 2006, Michael and Linda Holmes purchased the East two -acres of Lot 17 of the City Commerce CoMirnerce Ce .ter - City Administrator. Center, in the amount of $50,000 per acre. Then on January 6, 2009, the City observed it's right of first refusal and purchased back Lot 17-A, (the western one -acre half of the two -acres of Lot 17, in the amount of $50,000.00). Due to the continuing change in the economy the Holmes' are offering once again for the City to exercise their right of first refusal to purchase back the remainder acre of Lot 17. Council Member Markham moved to approve the purchase of the Holmes property in the City Commerce Center, Lot 17-13; second by Council Member O'Connor. DECEMBER 1, 2009 - REGULAR MEETING - PAGE 4 OF 6 VIII. NEW BUSINESS CONTINUED. B. Motion to approve the purchase of the Holmes property in the City Administrator Whitehall distributed a memorandum outlining the buy-back request for the original purchase price of Commerce Center continued. $50,000.00 plus improvement expenses of $20,750.00. Breakdown of improvements: Surveying and engineering, $2500.00; De -mucking (Telehar Corp), $3500.00; City fill dirtpurchase, $8,000.00; OUA sanitation sewer line w/Adron, $6,750.00. Council Member Watford expressed his concern of a precedence being set by reimbursing for the improvements to the property. Council Member Markham was in favor of the original buy-back purchase but suggested that the improvement expenses be reimbursed to the Holmes when the City sells the property. Council Member Williams was only in favor to buy back the lot at the original sale price, noting the original sale price was generous. Attorney Cook interjected the Council could make a counter-offer and allow a certain number of days for the Holmes to either accept or reject the offer, but should the Holmes refuse, they could sell the property to someone else. Administrator Whitehall remarked that its in the City's best interest to have ownership of the property. It was noted that this Lot would have to be sold for at least the buy-back purchase amount to re -coup the additional expenses. The Council also discussed the matter of having a set buy back policy for the Commerce Center as well as update negotiation policies for future sales. Mayor Kirk instructed Administrator Whitehall to have these matters placed on the next agenda, January 5, 2010. There being no further discussion Mayor Kirk called for a vote on the motion which was clarified, the motion is to purchase back Lot 17-B City Commerce Center, in the amount of $70 750 00: VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - NO C. Motion to approve a contract with Hoyman, Dobson & Company WATFORD -YEA WILLIAMS - NO MOTION CARRIED. regarding the annual audit - City Administrator (Exhibit 3). Council Member Watford moved to approve a one-year contract with Hoyman, Dobson & Company regarding the annual audit in the amount of $28,800.00; seconded by Council Member Markham. There was a brief discussion on this item. Staff noted they would request bids for next years (2010) auditing services. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA D. Motion to approve the Financing for the 2010 City Vehicle purchase WATFORD -YEA WILLIAMS -YEA MOTION CARRIED. - City Administrator (Exhibit 4). Council Member Watford moved to award the Financing for the 2010 City Vehicle purchase (19 vehicles), to Key Government Finance, at the interest rate of 2.61 percent; seconded by Council Member O'Connor. There was a brief discussion on this item. DECEMBER 1, 2009 - REGULAR MEETING - PAGE 5 OF 6 JSi VIII. NEW BUSINESS CONTINUED. D. Motion to approve the Financing for the 2010 City Vehicle purchase continued. E. Motion to ratify the re -appointments of Jamie Mullis and Kevin Barbour to the General Employee's/OUA Pension Board of Trustee's, term being January 1, 2010 to December 31, 2013 - City Clerk (Exhibit 5). F. Motion to approve Melissa Close as a regular member to the Code Enforcement Board, term being December 2, 2009 to April 30, 2010 replacing Bill Ledferd - City Clerk (Exhibit 6). IX. PRESENTATIONS OF THE PARAGON AWARD- Mayor. A. Present the 2009 Paragon Award to the Honorable William L. Hendry. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to ratify the re -appointments of Jamie Mullis and Kevin Barbour to the General Employee's/OUA Pension Board of Trustee's, term being January 1, 2010 to December 31, 2013; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve Melissa Close as a regular member to the Code Enforcement Board, term being December 2, 2009 to April 30, 2010, replacing Bill Ledferd; seconded by Council Member O'Connor. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk presented the 2009 Paragon Award to The Honorable William L. Hendry, 19'hCircuit Judge, Retired. The Paragon Award is presented to an outstanding citizen who has shown unselfish dedication to the community. The award was unveiled and presented to Judge Hendry along with a commemorate two sided wall frame. One side read: "2009 Paragon Award Presented to The Honorable William L. Hendry,190 Circuit Judge, Retired. A paragon is a model or pattern of excellence or perfection; a peerless example. The City of Okeechobee is honored to present such an award to one of its citizens who has shown unselfish dedication to the community. We applaud your efforts in taking the time to go the extra mile for your hometown, to assure that its history is preserved. Forby preserving ourpas4 future generations will continue with the knowledge and wisdom gained by the present." The other side is reserved for a photograph. Mayor Kirk proclaimed that he was so proud to be the one presenting an honorable man who has done so much for his community, and what better accolade than to one day wish that he could be honored and remembered with such respect as Judge Hendry. The floor was yielded to anyone wanting to pay tribute. Council Member Watford stated that, "there are two people I respect more than any one else, other than my father, one is Sonny Williamson, and the other is Judge Hendry." I've been fortunate to be sworn under oath as Council Member several times by Judge Hendry. DECEMBER 1, 2009 - REGULAR MEETING - PAGE 6 OF 6 IX. PRESENTATIONS OF THE PARAGON AWARD CONTINUED. A. Present the 2009 Paragon Award to the Honorable William L. Hendry continued. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when 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. City Cleric media are for the sole purpose of backup for official records of the Clerk. ATT T: James E. Kirk, Mayor Lane darniotea, CMG, City Clerk He is considered a history buff, and just to show you how knowledgeable he is, he reflected on a story in which he was searching for property deeds from 1914. Clerk Gamiotea had referred him to seek Judge Hendry's expertise after she had extinguished all her records and efforts. Judge Hendry knew about the deed immediately, and actually offered a copy of the deed. Council Member Williams stated it is a privilidge to participate in this honor to Judge Hendry, and recalled the Judge sharing history lessons. Judge Hendry expressed his gratitude for receiving this honor but noted the he was speechless. He then explained how he has been working for three years on an Okeechobee historical reference book from the 1880's to the present time and while doing the research, he realized that he has administered the oath of office to no less than ten Administrations of the City Council and City Clerk, it's been an honor each time. There being no further items on the agenda, the meeting was adjourned at 7:52 p.m. The next meeting will be January 5, 2010 at 6:00 p.m. -NDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, at the a c . ed copy of advertisement being a ram' in the matter of (/�L .,W �(✓Li-i-C! in the 19th Judidal District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. "} Judy Kasten �- -/Sworn fo and subscribed before me this day of AD Notary Public, State of Florida at Large � J NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges Commission *DD779718 .,;�:�r Expires; APR. 20, 2012 BONHCD Tnitu ATLAPMQ BONDING CQr 444. cmr couNm MEETING NOTICE WOCE 5 WPM OM that eK cry Councl d tfie Oty of ld.,h. wN meet in Regular Session m UCfty- oag.rtb.r 1, - record ( Adm41151rallon at e63-763-33r4 Orvn to obtain a copy of the agenda. Mieri arts i YmbiAf� Ad (AM) of ronariodatlon to� to M prole s omce.at � for assismnce. yc y-: ;ar I. CALL TO ORDER - Mayor: December 1, 2009, City Council Regular Meeting; 7:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Paul E. Jackson, Sr., International Prayer Warriors for Life; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 3, 2009 Regular Meeting. CITY OF OKEECHOBEE The invocation was offered by Reverend Jackson, International Prayer Warriors for Life; Followed by the Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Council Member moved to dispense with the reading and approve the Summary of Council Action for the November 3, 2009 Regular Meeting; seconded by Council Member. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. DECEMBER 1, 2009 - REGULAR MEETING - PAGE 2 OF V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2009 Warrant Register: Council Member m ed to approve the September 2009 Warrant Register in the amounts: General Fund, four hundred ninety thousand, two hundred thirty dollars and forty cents ($490,230.40); Public Facilities Improvement Fund, General Fund ............................. $490,230.40 three hundred twenty-nine thousand, seven hundred eighty-seven dollars and two cents ($329,787.02); and Capital Public Facilities Improvement Fund ............ $329,787.02 Improvement Projects Fund -Impact Fees, thirteen thousand, nine hundred forty-three dollars and twenty cents Capital Improvement Projects Fund -Impact Fees $ 13,943.20 ($13,943.20); seconded by Council Member. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION CARRIED. r' Register: approve the amended October 2009 Warrant B. Motion to a Re mov t rove Register in the amounts: General Fund, three Council Member� PP the amended October 2009 Warrant hundred ninety-six thousand, five hundred thirty-seven dollars and thirty-five cents ($396,537.35); Public Facilities General Fund ............................. $396,537.35 Improvement Fund, eleven thousand, four hundred ten dollars and eight -two cents ($11,410.82); and Capital Public Facilities Improvement Fund ............ $ 11,410.82 Improvement Projects Fund, twenty-five thousand, five hundred seventy dollars and fourcents ($25,570.04); seconded Capital Improvement Projects Fund ............ $ 25,570.04 by Council Member. TheXerwas no discussion on this item. N VOTE KIRK - YEA MARKHAM - YEA O�' ON R - YEA WATFORD - YEA WILLIAMS - 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 theaddition, deferral or withdrawal of items on today's agenda? agenda. There were none. 41n� U e , 4. VII. UNFINISHED BUSINESS. A. Motion to accept a Warranty Deed from G-4 Land & Cattle At the November 3 Meeting, a motion and second were made by Council Members Markham and O'Connor to accept Company, Keith Goodbread, President - City Attorney (Exhibit 1). a Warranty Deed from G-4 Land and Cattle Company for the North portion of Lots 1 and 7 of Block 46, First Addition to South Okeechobee, [in order to widen the right-of-way of Southwest 21 st Street as it intersects with South Parrott Avenue]. The legal description of the property being deeded to the City was discussed, as it seems to be confusing, and appears to leave a three-foot by 300-foot piece, in the center of the property, not dedicated to the City. Staff was instructed to review the matter before final acceptance of the Warranty Deed. A motion and second were passed to postpone this matter until the December 1st City Council meeting. f Vil. UNFINISHED BUSINESS CONTINUED. A. Motion to accept a Warranty Deed from G-4 Land & Cattle Company, Keith Goodbread, President continued. Vill. NEW BUSINESS. A. B. Motion to adopt proposed Resolution No. 09-14 regarding the Okeechobee Legislative Delegation - City Administrator (Exhibit 2). Motion to approve the purchase of the Holmes property in the City Commerce Center - City Administrator. DECEMBER 1.2009 - REGULAR MEETING - PAGE 3 OF Council Member omoviLtoadopt proposed Resolution No. 09-14 regarding the Okeechobee Legislative keecobeeLegislative �egtion; s �c d y Council M tuber The title of proposed Resolution No. 09-14 reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT THE TURE FOR THESSUES T 0�0 LEGISLATIVE SESS ON. HEREIN BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLA D� VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Membe moved to approve the purchase of the Holmes property in the City Commerce Center; second by Council Member b � ►� �„� 9'� VOTE? KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. (/ DECEMBER 1, 2009 - REGULAR MEETING - PAGE 4 OF Vlll. NEW BUSINESS CONTINUED. C. Motion to approve a contract with Hoyman, Dobson & Company regarding the annual audit - City Administrator (Exhibit 3). D. Motion to approve the Financing for the 2010 City Vehicle purchase - City Administrator (Exhibit 4). Motion to ratify the re -appointments of Jamie Mullis and Kevin Barbour to the General Employee's/OUA Pension Board of Trustee's, term being January 1, 2010 to December 31, 2013 - City Clerk (Exhibit 5). Council Member mov to approve a contract with Hoyman, Dobson & Company regarding the annual audit; seconded. Cox by Council Member ,UG�;�Z,� �k �) gr-- � � /t-p �> /,� (Qp ��Ot J Y VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION CABBIE . Council Membe ed to approve the Financing for the 2010 y Vehi le purch se; seconded by Council Member IR del). VOTE KIRK - YEA MARKHAM - YEA ' EA WATFORD - YEA n WILLIAMS - YEA MOTION CARRIED. Council Memberom d to ratify the re -appointments of Jamie Mullis and Kevin Barbour to the General Employee's/OUA Pension Board of Trustee's, term being January 1, 2010 to December 31, 2013; seconded by Council Member Wes, VOTE KIRK - YEA MARKHAM - YEA O'CONNQR- YEA WATFORD - YEA WILLIAMS - YEA CMOTION CARRIED Motion to approve Melissa Close as a regular member to the Code Council Member moved to approve Melissa Close as a regular member to the Code Enforcement Board, term being Enforcement Board, term being December 2, 2009 to April 30, 2010 December 2, 2009 to April 30, 2010 replacing Bill Ledferd ; seconded by Council Member replacing Bill Ledferd - City Clerk (Exhibit 6). VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA C#66 CARRIED. DECEMBER 1, 2009 - REGULAR MEETING - PAGE 5 OF IX. PRESENTATIONS OF THE PARAGON AWARD- Mayor. A. Present the 2009 Paragon Award to the Honorable William L. Hendry. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when 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. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamiotea, CIVIC, City Clerk James E. Kirk, Mayor There being no further items on the agenda, the meeting was adjourned at p.m. The next meeting will be January 5, 2010 at 6:00 p.m. Q U CITY OF OKEECHOBEE DECEMBER 1, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 CALL TO ORDER - MAYOR: December 1, 2009, City Council Regular Meeting, 7:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Dr. Paul E. Jackson, Sr., International Prayer Warriors for Life; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 3, 2009 Regular Meeting - City Clerk. DECEMBER 1, 2009 PAGE 2 OF 3 V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2009 Warrant Register. General Fund $490,230.40 Public Facilities Fund $329,787.02 Capital Improvement/Impact Fee Fund $ 13,943.20 B. Motion to approve the amended October 2009 Warrant Register. General Fund $396,537.35 Public Facilities Fund $ 11,410.82 Capital Improvement Fund $ 25,570.04 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. UNFINISHED BUSINESS. A. Motion to accept a Warranty Deed from G4 Land & Cattle Company, postponed from the November 3, 2009 meeting - City Attorney (Exhibit 1). VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 09-14 regarding the Okeechobee Legislative Delegation - City Administrator (Exhibit 2). B. Motion to approve the purchase of the Holmes property in the Industrial Park - City Administrator. C. Motion to approve a contract with Hoyman, Dobson & Company regarding the annual audit - City Administrator (Exhibit 3). D. Motion to approve the Financing for the 2010 City Vehicle purchase - City Administrator (Exhibit 4). DECEMBER 1, 2009 PAGE 3 OF' It NEW SUSINESS CONTINUED. on Boar d Kevin Barbour to the GenerallO11A Pensi; the appointments of J amle Mullis an E. Motion to ratify being -City Clerk (Exhibit 5). Melissa Close as a regular member to the Code Enforcement rove Board; term F. Motion to app Clerk (Exhibit 6). Ledferd - City PRESENTATION OF PARAGON AWARD -Mayor. S► Honorable V1►illiam L. Hendry• A. Present 2009 Paragon Award to the H X. ADJOURN MEETING. terry► being January 1, 2010 to December 31, 2013 December 2, 2009 to April 30, 2010, replacing Bill roceeding, such interested person will t to anyconsideredn which the appeal is to be based. Cc with respect matter nd evidence upon decision made by the City record includes the testimony person desires to appeal any proceedings, which that if any p need to ensure a verbatim record of the p PLEASETAKE NpTICE AND BE �� u se may record of the Proceedings, and for of backup official records of the Clerk• need a City Clerk media are for the sole purpose • • LYMMIT 1 November 17, 2009 John D. Cassels County Attorney 400 NW 2"d St. Okeechobee, Fl. 34972 re: Goodbread deed John: DEC 1, 2009 I enclose a legal and survey on the Goodbread property across from WalMart; their intent was to deed to the City parcel `B", for use by the city as future right of way or turn lane upon development of the property. When the council considered it, we noticed that the North 3' of the property along 2151 street was excluded from the description, and our first thought kvas that they were reserving that 3' for some purpose. However, the clerk searched and located the November 1960 final judgment, which appears to be in the nature of a quiet title judgment rendered by a jury, which addressed this 3 foot piece. It appears to me that the county was declared the owner of the three feet, and paid compensation for it. The city would like to finalize this deal with the Goodbreads, but it would seem the county would need to deed the three foot section to the city as well. We will be discussing this at our December 2"d meeting, so give me a call once you review this. Kindest Reg ds, John R. ook City Attorney cc: Brian Whitehall DEC 1, 2009 — Ex,>f im Ab. 2 RESOLUTION NO. 09-14 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT THE ISSUES DENOTED HEREIN BE INCLUDED IN THE LEGISLATIVE DELEGATION TO THE FLORIDA LEGISLATURE FOR THE 2010 LEGISLATIVE SESSION. WHEREAS, the Okeechobee County Legislative Delegation is meeting in session on December 2, 2009; and WHEREAS, the City of Okeechobee Council is requesting that the Delegation introduce and support the requests made on behalf of the City, the County and Okeechobee Utility Authority (OUA); and WHEREAS, the City of Okeechobee requests support from the Okeechobee Legislative Delegation of any funding that becomes available through State Appropriations and the Federal Stimulus Package. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee urges Governor Charlie Crist and members of the Florida Legislature to support legislation during the 2010 legislative session that: • Storm Water Retrofit - $650,000 15 _(Us � �lq( • State Road and Sta e R a�tersection to move up on FDOT 5 year plan • Support of City of Okeechobee, Okeechobee County and Okeechobee Utility Authority Projects • Legislative Issues: Police Department issues including: 0 Prohibition of bullet resistant material possession by felons 0 'Texting' while driving defined as careless driving 0 Opposing cuts to existing training dollars for law enforcement officers 0 Opposing 911 dispatcher certification mandates Fire Department issues including: 0 Support Protect Children from Dangerous Lights Act (toy like lighters) Resolution 09-14 Page 1 of 2 Administration issues including: o Support cost -saving legislation that would give the City latitude to internet publish notices of a less important nature o Use this forum to express opposition to the November 2010 Constitutional Amendment 4, requiring local voters to vote on every change to the Comprehensive Plan Section 2. That a copy of this Resolution shall be provided to Governor Charles Crist, and members of the Florida Legislature. INTRODUCED AND ADOPTED in regular session this 1st day of December 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution 09-14 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee 55 SE 3'j Av Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehaWcitvofokeechobee.com * * * * *Memorandum d1816 �' Date: for 12/1/09 Meeting TO: Mayor & City Co n FR: Adm Whiteh4 RE: Holmes property In case Mike and Linda Holmes don't bring adequate info to the meeting, here's some detail: They wish to have the Council consider purchasing the remaining 1 acre lot back from them at the original purchase price of $50,000 plus $20,750 in improve- ments they've invested in the property which includes: • Surveying and engineering $2500 • De -mucking (Telehar Corp) $3500 • City fill dirt purchase $8000 • OUA san sewer line w/ Adron $6750 Transaction historv: Dec 2005 City Council voted to sell the western -most 1.5 acres to Holmes at a price of $50,000/acre (At that time the Council also voted to sell Lots 18, 19 & 20 (10.31 acres to Adron Fence) including a 5-yr reverter clause of development to the property and a right of 1st refusal to the City Jan 2006 Holmes expressed interest in changing the transaction to the east of Lot 17 (1.75 acres) Sep to Dec 2005 Holmes and the City agreed to the sale/purchased of 2-one acre lots (17 A and 17-I3) from the City instead of the 1.5 acres mentioned above - attached is a plat reflecting the Holmes lots at 1050 NE 12th Street, Comm Park April 2007 City sold to Holmes 8000 cu yds of fill dirt from the Lake project(s) at $2/cu yd. Jan 2008 An amendment to the sale contract was executed extending the requirement that an operating business be completed on the site to Dec 31, 2009 (the original contract called for 12/31/07) Further clarification restricted conveyance of ownership until 12/31/12. Mar 2009 City purchased back the western -most 1 acre parcel for $50,000, the original selling price z rn rn N 0 0 S a Z v rn w C2 A ru O T _o 0 w o Zm N o T T r\ m m � ma m t0 O C 0 1' DRA I NAGE 6 _ ! ITY EASEMENT IN lD m T w un Lo 0 0 0 O 0 z !v m ru m cv N00° 00' 00' E 250. 00'( C, P) n < 3 o D D n� v m + /20 I N00' OO' QO' E 250. 00' (F, D) cn n o D o C0 �i v of + D tDl r CD :4-10'DRAINAGE S I UTILITY EASEMENT S00' 00' 00' H 269. 69' ( F) m a a N N O O O O 7- Y D a^ l37 Ul � < IF Ln rt? m n D Lo O O ul N D II O O O o a a + o oo � = a NI U? o11 a w w O r m m � T - O A m - i— ry O / T n `0 V m \ `goo �o� oo rn iLo c o 0 / o /0 / m / Ln m m / Ic cl Z m / (/ / to / I / m rn ,� / O 1 IT \ T 40.18'(C) o� 40.0 (P) _ I �`y in Cl �� Ia I� IlD 5 i7 ILnn �1/ p i a m Url 1� . Lo V` O clor V a o N w V N O O r> lD 1D _ O Z C-11 o 0 0 Z CD z A I m ui aD N Z CTl a m �o ui m A N N U7 CJl O m fV _ N ( N ^� w m ar. Lo Fm m N _ O O -n ra o m `o to — _ _. 0 0 a �m C7 rV I m y O -o Ui m C-� w L. Lo a z m o o T v o m \ ra, C- m x / SOD' 14' 35" E 1-0'a P. 3?'(r, 0.0 I Z Y Z I o \ a wow Page 1 of 1 bwhitehall From: "bwhitehall"<bwhitehali@cityofokeechobee.com> To: "Clayton Williams" <cayton@bergerrealestate.com>; "Dowling Watford" <dowlingwatford@okeechobeeford.com>; "Lowry Markham" <lowrymarkham@embargmail.com>; "Mayor Kirk" <jamesekirk@comcast.net> Cc: "Robin Brock" <rbrock@cityofokeechobee.com> Sent: Monday, November 30, 2009 2:57 PM Subject: Commerce Pk land price Good afternoon - At a future Council Meeting I'd like to discuss potential per acre price of the rest of the Commerce Park land. Brian Cartland and I were discussing the matter and he indicated that the approx assessed value currently comes in at about $75,000/acre. As you know, the last parcels we sold were $50k/acre. NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 863.763.3372 ext-212 11/30/2009 • • D011BIT 3 November 2 , 2009 Mayor and Commissioners City of Okeechobee 55 S.E. Third Avenue Okeechobee FL 34974 DEC 1, 2009 We are pleased to confirm our understanding of the services we are to provide the. City of Okeechobee for the year ended September 30, 2009. We will audit the financial statements of the governmental activities. each major fund, and the aggregate remaining fund information. which collectively comprise the basic financial statements of the City of Okeechobee as of and for the year ended September 30, 2009. Accounting standards generally accepted in the United States provide for certain required supplementary infonnation (RSI), such as management's discussion and analysis (MD&A), to accompany the City of Okeechobee's basic financial statements. As part of our engagement. we will apply certain limited procedures to the City of Okeechobee's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures_ but will not be audited: 1. Management's Discussion and Analysis 2. Required supplementary pension information I Budgetary comparison schedules for certain governmental funds Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Govei-nment :auditing Standards, issued by the Comptroller General of the United States. and will include tests of the accounting records of the City of Okeechobee and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified. we will fully discuss the reasons with you in advance_ if; for any reason, we are unable to complete the audit or are unable to form or have not formed onimons. we may decline to express opinions or to issue a report as a result of this engagement. 215 KAy tree Drive Melbourne, FL 32940 p: (32 0 255.0088 F i320 259.8648 4767 New Broad Streit Orlando, FL 32814 p: (4071 422.1681 f (407) 514.2604 www.hoyman.corn Mayor and Commissioners City of Okeechobee Page Two We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Goverment Auditi77g Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of Okeechobee is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those changed with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing .Standards may not satisfy the relevant legal, regulatory. or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein_ As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill. knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities; to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole_ You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) othr or illegal acts could have a material effect on the financial statements. Your respc informing us of your knowledge of any allegations of fraud or suspected fraud affecti Mayor and Commissioners City of Okeechobee Page Three received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations_ Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations. as well as your planned corrective actions, fir the report, and for the timing and format for providing that information. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable. but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors_ Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Mayor and Commissioners City of Okeechobee Page Four Audit Procedures —Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a�direct and material effect on the financial statements. Our tests, if performed, will be less in scope than %vould be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Startdarcls. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we .vill communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Aucliting Standards. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perforn tests of the City of Okeechobee 's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Aucliti»g Standards_ Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we. are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Okeechobee, however. management is responsible fo distribution of the reports and the financial statements. Unless restricted by law or regulation, containing privileged and confidential information, copies of our reports are to be in available public inspection. Mayor and Commissioner City of Okeechobee Page Five The audit documentation for this engagement is the property of Hoy+nan Dobson and constitutes confidential information. however, pursuant to authority given by laws or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Hoyman Dobson personnel. Furthermore, upon request_ we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the Auditor General of the State of Florida. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Deborah A. Goode is the engagement director and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for the audit will be $28,800. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in hell. Should it appear we would be required to perform any services your personnel have been assigned, to allow for an efficient and timely engagement, or if we see areas where the task undertaken is not as anticipated, we will consult with you to determine if our firm or your staff will take the action necessary to complete the assignment. We will provide a Supplemental Service Agreement (Appendix A) for your signature and authorization.. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Swndards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review accompanies this letter. You have the right and we reserve the right to withdraw from this engagement upon written notification. In such an event, it is the policy of the firm to bill a client for services provided and charges incurred on the client's behalf before the point of withdrawal. Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement, shall be submitted to mediation on a form decided upon by both parties prior to resorting to litigation. The results of this mediation shall be binding only upon agreement of party to be bound. Costs of any mediation proceeding shall be shared equally by both part e! � ra► 3 • 3 Mayor and Commissioners City of Okeechobee Page Six Hoyman Dobson prides itself in employing quality individuals and unden+rites substantial associate training each year. While engaged to provide these professional services you may become familiar with various members of Hoyman Dobson and wish to extend an offer of employment. Hoyman Dobson values each associate and does not wish to incur turnover, but also does not desire to hinder opportunities that may present themselves to these associates. Recognizing Hoyman Dobson's investment and training in each associate, you agree to reimburse I-lo_yrnan Dobson one-third of the individual's current salary should you extend an offer of employment and it be accepted_ Additionally, if an employment offer is discussed during the course of the engagement. the Company acknowledges it may have impaired our independence. If an impairment of independence is deemed to have occurred Hoyman Dobson may have to withdraw from the engagement and thus not be able to issue a report. If this occurs the Company agrees to reimburse Hoyman Dobson for fees incurred. By mutual agreement of both parties, this contract can be extended bevond this initial contract period. We appreciate the oppommity to be of service to the City of Okeechobee and believe this letter accurately summarizes the significant terms of our engagement. if you have any questions, please let us know. if you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Aezkul a, N&4.0& Deborah A. Goode, CPA Director Hoyman Dobson RESPONSE..: This letter correctly sets forth the understanding of the City of Okeechobee. By: Title: Date: APPENDIIX A HOYMAN, DOBSON & COMPANY, P.A. SUPPLEMENTALSERVICE ACREEt•3EN"r Client Proposed by Year Ended Date Prepared At this time we anticipate having to perform the following services in order to complete your year end and financial statements: Reason for requiring the change order Nature of work to be performed Discussion with client Estimated Estimated Accountant Rate Hours Totals .Estimated cost of change/ additional work You will be billed for the actual time expended on the services at our normal hourly rates. The terns and conditions of payment will be the same as in our engagement letter. Any revision of timetable Approved: Accepted: Manager Client Director Date APPENDIX A SUPPLEMENTAL SERVICE AGREEMENT PAGE 2 Rejected: Manager Director Date: Reason: Rejected: Client: Date: I do not want Hoyman Dobson to do the additional services required. I will be responsible for getting our personnel to perform the services. I realize that this will cause a delay in delivery of our financial statements and tax returns. •CARR • Carr. Riggs & Ingram. LLC _ f t Rl6GS & CRI 1713 Mahan 06ve I N 6 R A M Tallahassee. Florida 32308 1850)878-8777 (85018)8.2344 08%) %VvVW:r.CQa com September 9, 2008 To the Directors Hoyman, Dobson & Company, P.A. We have reviewed the system of quality control for the accounting and auditing practice. of Hoyman, Dobson & Company, P.A. (the firm) in effect for the year ended May 31, 2008. A system of quality control encompasses the firm's organizational structure, the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of CPAs (A1CPA). The firm is responsible for designing a system of quality control and complying with it to provide the firm reasonable assurance of conforming with professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance with its system of quality control based on our review. Our review was conducted iri accordance with standards established by the Peer Review Board of the AICPA. During our review, we read required representations from the firm, interviewed firm personnel and obtained an understanding of the nature of the firm's accounting and auditing practice, and the design of the firm's system of quality control sufficient to assess the risks implicit in its practice. Based on our assessments, we selected engagements and administrative files to test for conformity with professional standards and compliance with the firm's system of quality control. The engagements selected represented a reasonable cross-section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagements selected included among others, audits of Employee Benefit Plans and engagements performed under Government Auditing Standards. Prior to concluding the review, we reassessed the adequacy of the scope of the peer review procedures and met with firm management to discuss the results of our review. We believe that the procedures we performed provide a reasonable basis for our opinion. In performing our review, we obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Our review was based on selected tests therefore it would not necessarily detect all weaknesses in the system of quality control or all instances of noncompliance with it. There are inherent limitations in the effectiveness of any system of quality control Ho),man, Dobson & Company, P.A. Page 2 and therefore noncompliance with the system of quality control may occur and not be detected. Projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Hoyman, Dobson & Company, P.A. in effect for the year ended May 31, 2008, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm \with reasonable assurance of conforming with professional standards. Carr, Riggs & Ingram, LLC. EX IIIBIT 4 DEc 1, 2009 TABULATION SHEET FINANCING PROPOSALS FOR 19 2010 POLICE CARS Bids Received Interest Rate Annual Payment* Key Government Finance 2.61 % $85,012.08 Green Cove Springs, FL *each year based on 5 yr amortization Government Capital Corporation 4.7% $132,853.79 Southland, TX *each year based on 3 yr amortization No Bids Received Seacoast National Bank Footnote for illustrative purposes: Current year amortization is approx $102,280/yr (for 22 vehicles); interest rate is 5.434% SEC r AGENDA - EXHI8IT Na. Jr' MEMORANDUM To: Mayor Kirk and Council Members From: Clerk Gamiotea Subject: Ratification of General Employee/OUA Pension Board Date: November 23, 2009 A motion would be in order to ratify the reappointment of Jamie. Mullis and Kevin Barbour to the General Employees/OUA Pension Board, term beginning January 1, 2010 through December 31, 2013. There is a vacancy on this board, to replace Jerry O'Bannon. We have notified the public, as to date, have not received any applications. This position must be filled by a City resident. Should you have any questions, or require additional information, please do not hesitate to contact me. DEC fT AGENDA - EXHIBIT NO. �o MEMORANDUM To: Mayor Kirk and Council Members From: Clerk Gamiotea Subject: Alternate Member to Regular Member/Code Enforcement Board Date: November 23, 2009 The Clerk's Office has been notified of the resignation of Bill Ledferd from this board. A motion would be in order to move Alternate Member Melissa Close to Regular Member Status, term being 12/2/09 to 4/30/10. This leaves two alternate positions available for this board. At the present time, we do not have any applicants to fill these positions. Should you have any questions, or require additional information, please do not hesitate to contact me.