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2011-02-151 CITY OF OKEECHOBEE FEBRUARY 15, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor: February 15, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by Mayor. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell 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. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Proclaim the week of February 20 - 26, 2011 as "National Engineers Week." COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the February 15, 2011, Regular City Council Meeting to order at 6:03 p.m. 537 PAGE 1 OF 9 The invocation was offered by Pastor Bruce Simpson of the First United Methodist Church; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present The week of February 20 through 26, 2011 was proclaimed by Mayor Kirk as National Engineer's Week. The proclamation was read in its entirety as follows: "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century, and WHEREAS,' engineers are encouraging our young math and science students to realize the practical power of their' knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet 538 FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 2 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of February 20 - 26, 2011 as "National Engineers Week' continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 18, 2011 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2011 Warrant Register: General Fund ...................... I .. I ...... $451,466.74 Public Facilities Improvement Fund ............... $348,090.10 Capital Improvement Projects Fund ................ $22,691.95 VII. AGENDA - Mayor. (continued from page one:) the challenges of the future. NOW THEREFORE,1, James E. Klrk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 20 through 26, 2011 as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee." Mayor Kirk presented the proclamation to Mr. Marcus Monts de Oca who was present on behalf of the Treasure Coast Chapter of the Florida Engineering Society. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the January 18, 2011 Regular Meeting; seconded by Council Member O'Connor, There was no discussion on this item. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. Council Member Watford moved to approve the January 2010 Warrant Register in the amounts: General Fund, four hundred fifty-one thousand, four hundred sixty-six dollars and seventy-four cents ($451,466.74); Public Facilities Improvement Fund, three hundred forty-eight thousand, ninety dollars and ten cents ($348,090.10); and Capital Improvement Projects Fund, twenty-two thousand, six hundred ninety-one dollars and ninety-five cents ($22,691.95); seconded by Council Member Williams. There was no discussion on this item, KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's 111 Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. Vill. NEW BUSINESS. There were none. A. Update from South Florida Water Management District - Gary Ritter, III Mr. Gary Ritter of South Florida Water Management District, Okeechobee Service Center Director, appeared before Okeechobee Director of Regulatory and Public Affairs. the Council to give an update on the status of the lake locks, water conservation and the proposed City Taylor Creek Park. 5A FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 3 OF 9 A AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. A. Update from South Florida Water Management District by Gary All repairs are complete and the locks are in full operation along the North shore of Lake Okeechobee. The current Ritter, Okeechobee Director of Regulatory and Public Affairs lake water level is just below 14 feet. Once the level drops to 12 feet the smaller locks will have to be closed and the continued. Taylor Creek lock will be opened two times per month on weekends only. The purpose of this is to sustain the water levels along the rim canal. Notices will be given to the local media when this occurs. In regards to the proposed City Taylor Creek Park, Mr. Ritter confirmed SFWMD does not have an easement along Taylor Creek. He then made some preliminary inquiries to the Army Corp of Engineers regarding permitting and there does not appear to be any substantial road blocks should the City decide to proceed with developing their property along Taylor Creek into a public park with a board walk, adding that he will be happy to assist in any manner with this project. The Mayor and Council thanked Mr. Ritter for bringing the update and making himself available to answer questions. There was no official action taken on this item. B. Request to build a chiki but in Park # 3 constructed by the Seminole Mr. Terry Burroughs appeared before the Council as a member of Okeechobee Main Street Design Committee Tribe - Terry Burroughs, Okeechobee Main Street. explaining that the Design Committee received a request from Mr. and Mrs. Micco on behalf of the Seminole Indian Tribe to research whether the City would approve the building of a 10' x 12' Chickee in Park Three. The site selected is based on the desires of the Tribe to house their pumpkin bread vendor booth in the same location at each festival they attend. The Seminoles would be responsible for all construction and rethatching the roof every five to seven years. A Chickee (also known as a sun shelter or chiki hut) is a Seminole Indian house built on stilts, with open sides and a thatched roof of palm leaves. A thatched roof is a roof constructed of palm fronds in an open web type of construction. The chickee does not incorporate any electrical, plumbing or other non -wood features. The Council, Staff and Mr. Burroughs discussed aesthetics of the park and the best fit for the chickee. Following discussion to which the consensus of the Council was to utilize Park Three as a park to showcase the Seminole heritage and culture. Council Member Watford moved to approve the request to construct a Chickee in Park Three on the East side of the gazebo and to request another Chickee be constructed on the West side in the future; seconded by Council Member O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 51-t o FEBRUARY 15, 2011- REGULAR MEETING - PAGE 4 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 11-02 regarding the Council Member Watford moved to adopt proposed Resolution No. 11-02 regarding the authorization of signatures authorization of signatures for Temporary Closing and/or Special for Temporary Closing and/or Special Use of State Roads with FDOT; seconded by Council Member Williams. There Use of State Roads with FDOT - City Attorney (Exhibit 1). was a brief discussion on this item. Proposed Resolution No. 11-02 title reads as follows: "A RESOLUTION AUTHORIZING SIGNING OF THE CITYOF OKEECHOBEE, FLORIDA, REQUEST FOR TEMPORARY CLOSING AND/OR SPECIAL USE OF STATE ROADS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OFPARADE ROUTES BYTHE CITYADMINISTRATOR AND CHIEF OF POLICE FOR THE CITY OF OKEECHOBEE, FLORIDA.- VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Motion to approve a Temporary Street Closing March 11, 2011 at Council Member O'Connor moved to approve a Temporary Street Closing Application submitted by Okeechobee Main 5:00 p.m. to March 13, 2011 at 5:00 p.m. for the Speckled Perch Street to close Southwest 3`d and 4`h Avenues between North and South Park Streets from March 11 at 5:00 p.m. to Festival and Parade - City Administrator (Exhibit 2). March 13 at 5:00 p.m. for the Annual Speckled Perch Festival and Parade; seconded by Council Member Williams. There was a brief discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Motion to ratify the appointment of Michael Skipper to the Fire Council Member Watford moved to ratify the appointment of Michael Skipper to the Fire Pension Board of Trustee's, Pension Board of Trustees, term being February 8, 2011 to term being from February 8, 2011 to September 30, 2015; seconded by Council Member Williams. September 30, 2015 - City Clerk. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 541 FEBRUARY 15, 2011- REGULAR MEETING - PAGE 5 OF 9 AGENDA Vill. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE F. Consider amendments to the Election Code - City Clerk (Exhibit 3). Clerk Gamiotea explained to the Council that during the last election she and County Supervisor of Elections, Gwen Chandler reviewed the City's Election Code and wanted to bring to the Council's attention Code Book Section 26-11. This section reads: "The candidate receiving the highest or largest number of votes cast for one office shall be elected to such office, provided that in case two or more candidates shall receive an equal and the highest number of votes for the same office, the mayor shall issue his proclamation calling for a new election between such tied candidates." Florida Statute 100.181 which governs State, County and School Board elections reads: "The person receiving the highest number of votes cast in a general or special election for an office shall be elected to the office. In case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office." Clerk Gamiotea reported that many City's have adopted the Florida Statute language as well. A special election would be costly to the City and she wanted to make sure the Council was aware of this provision and asked the Council whether they would rather adopt the Florida Statute. The Council discussed the matter and agreed that a special election would be very costly to the City. However, they were apprehensive to the idea of drawing lots. The Council asked Clerk Gamiotea to research the effects of changing the City General Election to be the same time as the Primary Election, so that if a Special Election had to be held, it could be held during the General Election. This matter will be brought back to the Council at a future date. G. Consider a Request for a Fine Reduction/Release of Lien for Code Code Enforcement Case No. 10-066 time line: 6/8/2010 Complaint received on a disabled vehicle parked at 911 Enforcement Case No. 10-066, Leon and Ulysses Thomas - City Northwest 10t" Street. Property checked and photographed disabled vehicle with no tag. 6/10/2010 Courtesy Letter Attorney (Exhibit 4). sent informing property owner to move the disabled vehicle. 7/6/2010 Property inspected, not in compliance. 7/9/2010 Notice of Violation mailed. 7/28/2010 Notice returned unclaimed. 8/26/2010 Posted notice on property and photographed. 9/20/2010 Notice of Hearing mailed. 9/21/2010 Notice of Hearing received, signed by Ulysses Thomas. 10/12/2010 Case discussed by Code Board, action taken: if violation not corrected by 10/22/2010 a fine of $25.00 per day would commence and continue until violation was corrected. 10/15/2010 Mailed copy of Lien/Order. 10/16/2010 Lien/Order was received and signed for by Ulysses Thomas. 1/21/2011 Sent owners letter informing them that as of January 20, 2011 the violation had accrued for 90 days and the City had the ability to foreclose on the property to collect the fine.1/25/2011 Vehicle was moved, property was found to be in compliance. Fine ran for 94 days equaling $2,325.00 plus $25.00 administrative fee for a total fine of $2,350.00. 1/27/2011 Mr. Leon Thomas requested to be heard by the Code Board to request a reduction in the fine. At the meeting, Attorney Cook advised Mr. Thomas would 11 have to appear before the City Council to obtain a reduction in the fine. 5Li2 FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 6 OF 9 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. G. Consider a Request for a Fine Reduction/Release of Lien for Code Mr. Leon Thomas appeared before the Council and explained that Ulysses Thomas who signed for the letters was his Enforcement Case No. 10-066, Leon and Ulysses Thomas brother. His brother did not tell him about the letters, it was not until he read the letter from 1 /21 /2011 that he was continued, made aware of the situation and he had the vehicle moved immediately. The vehicle belongs to his nephew who has 11 been incarcerated. Mr. L. Thomas apologized for this situation, stating he took full responsibility. The Council discussed the matter, and whether there was a recommendation from the Code Board? Attorney Cook advised that there was not a recommendation from the Board as the matter was withdrawn from their agenda by him. Council Member Williams moved to approve the request for a Fine Reduction/Release of Lien for Code Enforcement Case No.10-066, Leon and Ulysses Thomas at 911 Northwest 10th Street from $2,350.00 to $100 plus a $25.00 administrative fee and court costs; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook asked for clarification whether the Council wanted a recommendation from the Code Enforcement Board on reduction of fines in the future? Mayor Kirk responded yes. The Code Board knows the entire situation with the cases and the Council needs to know what their recommendations are prior to taking action. H. Motion to approve a contract for Building Inspection Services with The City currently has a contract with Independent Inspections, LLC (III-) to administer the City's building official and Ray Schaub Inspection Services - City Administrator (Exhibit 5). inspection services. The City received a letter dated January 21, 2011 from IIL President, Thomas DeLacy giving official notice that they are exercising their 60-day notice of contract termination. In order for the City to continue the contract, the City would have to agree to reduce the number of hours and work days of the building official (Mr. Ray Schaub) and increase the permit fees. This now leaves the City with two options, keeping in mind that the City would like to be more customer oriented, with more hours available and possibly save money along with making a smooth transition. Either hire a building official as City employee or examine other contractual arrangements. The average annual salary for a building official for a city our size is $60,000.00, then add benefits as well as a vehicle, gas and maintenance together with related expenses, and the cost is closer to $100,000.00 per year. Last year the City received approximately $111,352.00 in building permit fees of which II-LLC captured $94,650.00. 1 FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 7 OF 9 5 T 3 �I 1 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. H. Motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services continued. Administrator Whitehall is recommending the Council enter into contractual services with Ray Schaub Inspection Services. A proposed contract was included in Exhibit Five, outlining compensation to be $5,000.00 per month plus 65 percent of all permit fees collected, in the same month, which exceeds $6,000.00 per month. Mr. Schaub will be required to work four days per week. In this fashion the City will have the least transition trauma, have a building official working more hours and the City will take a higher share of the fees, especially during extraordinary activity months. The City's cost exposure is most prevalent during a slow year, where Mr. Schaub will be getting a base pay and the City may not be receiving adequate funds to cover his base. It is less exposure than an employee. Distributed prior to the meeting, Attorney Cook noted changes to the proposed contract and that Mr. Schaub has reviewed and agreed to the changes. Council Member Watford moved to approve a contract for Building Inspection Services with Ray Schaub Inspection Services as presented in Exhibit Five; seconded by Council Member O'Connor. Council noted the changes suggested by Attorney Cook were not included in the proposed contract contained in Exhibit Five, therefore Council Member Watford moved to amend the motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services as presented in Exhibit Five to add the appropriate changes as presented in memorandum by Attorney Cook and changing paragraph four that termination by notice be from 60 to 90 days and that the contract is renewable on an annual Fiscal Year basis; seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mayor Kirk asked whether there was any further discussion? Council Member Maxwell noted that he was in favor of bringing the building official in house. He hoped this was only a temporary solution and eventually a full-time building official could be hired. Council Member Watford thanked Mr. Schaub for his willingness to work with the City and the public. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. The contract with Ray Schaub Inspection Services will begin effective March 7, 2011. 544 FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 8 OF 9 AGENDA VIII. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE I. Motion to award a bid for the construction of a metal building at the Council Member O'Connor moved to award Bid No. PW 03-00-01-11 to KST Construction of Okeechobee, for the unit City Barn - City Administrator (Exhibit 6). price in the amount of one hundred twenty-seven thousand, six hundred twenty dollars ($127,620.00) for the construction of a pre-engineered metal design building at the Public Works Facility; seconded by Council Member Williams. On February 4, 2011 the City opened nine bids received for this project. City Staff is recommending the low bidder. The eight other bidders and their bid were: AWM Construction, Inc. $159,829.00 Camelot Custom Construction, Inc. $171,000.00 Close Construction, Inc. $139,516.00 E.O. Kock $131,660.00 Marmer Construction, Inc. $129,800.00 Richard K Davis Construction Corp. $159,045.00 Semco Construction, Inc. $171,000.00 Walker Design & Construction $209,000.00 VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. J. Discuss Attorney Cook's Annual Evaluation - Mayor. Each year the Mayor and Council conduct individual evaluations on Attorney Cook's job performance. Mayor Kirk received the evaluations and calculated an average score of 3.77 out of 5.0. Mayor Kirk thanked Attorney Cook for the service he provides to the City. Attorney Cook thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk. They will be a matter of public record and part of his official personnel file. K. Discuss Administrator Whitehall's Annual Evaluation - Mayor. Each year the Mayor and Council conduct individual evaluations on Administrator Whitehall's job performance. Mayor Kirk received the evaluations and calculated an average score of 4.85 out of 5.0. Mayor Kirk thanked Administrator Whitehall for the service he provides to the City, Administrator Whitehall thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk. They will be a matter of public record and part of his official personnel file. 4710 FEBRUARY 15, 2011- REGULAR MEETING - PAGE 9 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. 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: James E. Kirk, Mayor Lane Gamiotea; CMC,'�C)ty Olerk F�' There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:50 p.m. The next regular scheduled meeting is March 1, 2011 at 6:00 p.m. CITY OF OKEECHOBEE FEBRUARY 15, 2011 REGULAR CI COUNCIL MEETING HANDWRITTEN MINUTES - 41 CALL TO ORDER - Mayor L February 15, 2011, City Council Regular Meeting, at 6:03 p.m. II. OPENING CEREMONIES: Invocation given by the Pastor Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor VJP,_& . III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - Ptw,,Q" Council Member Devin Maxwell - Council Member Mike O'Connor - pn� Council Member Dowling R. Watford, Jr. - J)N L� Council Member Clayton Williams - pNA_ , 4 City Administrator Brian Whitehall - pA_LL� City Attorney John R. Cook - P„Q City Clerk Lane Gamiotea - Deputy Clerk Melisa Jahner - n Police Chief Denny Davis - 0,, Fire Chief Herb Smith - Pt_12= Public Works Director Donnie Robertson - PAAAgA - IV. PRESENTATION15AND PROCLAMATIONS -Mayor. A. Proclaim th -of February 20 through 26, 2011 as National Engineers Week." WHEREAS, engineers have used theirscientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century, and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of theirknowledge; and WHEREAS, we will lookmore than ever to engineers and their knowledge and skills to most the challenges of the future. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 20 - 26, 2011 as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee." /Voah Hord ki(ri- G sc-5 V. MINUTES - City Clerk A. Council Member (� moved to dispense with the reading and approve the Summary of Council Action for the January 18, 2011 Regular Meeting; seconded by Council Member M-0 . KIRK -YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA IOTION CARRI VI. WARRANT REGISTER - City Administrator. A. Council Member Lxb moved to approve the January 2011 Warrant Register in the amounts: General Fund, four hundred fifty-one thousand, four hundred sixty-six dollars and seventy-four cents ($451,466.74); Public Facilities Improvement Fund, three hundred forty-eight thousand, ninety dollars and ten cents ($348,090.10); and Capital Improvement Projects Fund, twenty-two thousand, six hundred ninety-one dollars and ninety-five cents ($22,691.95); seconded by Council Member -O— . KIRK - YEA MAXWELL - YEA O'CONN - YEA WATFORD - YEA WILLIAMS - YEA N ARRI VII. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? VIII. NEW BUSINESS. A. Update form South Florida Water Management District - Gary Ritter, Okeechobee Director of Regulatory and Public Affairs (Exhibit 1). . t�' a \�i ►• V ��1' � � 02 LEI, gdbu l tt 41 A2 -f1. Innn..-1. \n_Ad 1�P.,O..I 0nMin. 4r,iJVU A A I I i. f'�A 1'.l U AAOY'SA} V - JMQUCI 0 A. Continued Wh - �Jc�-�(- - t�oc�s�..�x��.1c � Q.�e,�.�;� '� C�.�a- • ilul.o,.. � d a b� (� Scrrp,Q,� �aa J�. B. Request to build a chiki but in Park No. 3 constructed by the Seminole Tribe - Terry Burroughs, Okeechobee Main Street. +rrud ril�cP L� -�A i , Inn n ,W 1-4 ryu e I., c <AA A VA A f? n A , A 1. 7 ?� � , . ,� . th . f A _ 1 o LJI Q-�+c -dad mac. G. d �f f� M0.feh �, 4) tL TOCAth Gdd OZ �t 6 - �Ca .� to �L cA 41"-'6 UAL W-o—t V lu IC c6 a)t e6 4 a n S� eLLu�L ,SA G,4A vim, �. 9 d loo �L o t.b f h u` C. Council Member moved to adopt proposed Resolution No. 11.02 regarding the authorization of signatures for Temporary Closing and /or Special Use of State Roads with FDOT - City Attorney (Exhibit 2); seconded by Council Member QA-�). Proposed Resolution No. 11-02 title: "A RESOLUTIONAUTHOR/ZING SIGNING OF THE CITY OFOKEECHOBEE, FLORIDA, REQUEST FOR TEMPORARY CLOSING AND/OR SPECIAL USE OF STATE ROADS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PARADE ROUTES BY THE CITY ADMINISTRATOR AND CHIEF OF POLICE FOR THE CITY OF OKEECHOBEE, FLORIDA." KIRK - YEA MAXWELL - YEA O' - EA WATFORD - YEA WILLIAMS - YEA OTION AR 5" c,t_, (z 40dua-tic�u d� Ao L-D- U— , Cr dAl Pk� j dc)L� au-(- sr ,LP eL 06uC4J akl-a_ CLO Q v aaDq o a-m- _ ti-� Cx,L STP not a Cad 1 kc& corn ow u- &,,,A sc� . Ot Uv Uc-.�, C a? aac,� 4L mCA�4, � W�� i �..�J�.-�J�� • �Vl�� QXt.1 l.Qi`Q, `F-u.Li�l�- lrVit.C.T }C E,(,1+� l�L4 Li OA OwKd� I(�CvL�►.tu . �-Y-w du-p Wd-L cg Lq . -bck) �U�U-wt 47-:s -4 "U W4--� cl�-�b w k_-- p cam- #-� m Vol �, aki qu, fn� i--z cam- C Cvual y�. 0 D. Council Member rr O moved to appr e a Temporary Street Closing Application submitted by Okeechobee Main Street to close. Southwest Avenues between North and South Park Streets from March 11 at 5:00 p.m. to March 13 at 5:00 pm. For the Annual Speckled Person Festival and parade - City Administrator (Exhibit 2); seconded by Council Member QU) -11 I t� was .+ w 1Jc P y-" c� "Pl" . a� ono *IRK - TEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION E.'AIRRI E. Council Member Oc ) moved to ratify the appointment of Michael Skipper to the Fire Pension Board of Trustee's term being From February 8, 2011 to-S,poel 20, 2015 - City Clerk; seconded by Council Member ew_• VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION ARR E� F. Consider amendments to the Election Code - City Clerk. L—U�`.Qe_a_.Q 7 0 G. Council Member moved approve the rrequest for a find reduction/release of lien for Code Enforcement Case No. 10-066, Leon and Ulyssee Thomas - City Attorney (Exhibit 4);seconded by Council Member VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA H. Council Member 1— moved approve a contract for Building Inspection Services with Ray Schaub Inspection Services - City Administrator (Exhibit 5);seconded by Council Member MO . _111116.0 t, W, � �N AN., Mill I'll z n ` I5 f (6 o N 1 N G _ ilil 1 Nlp 14 d co l A& n GA .(A) Q oZ_ i� Qk /�L �✓a i 1�,. (XJ11, IL 0 A 0�.� KIRK - YEA MAXWELL - YEA O'CONNOR - YEA ATFORD - YEA WILLIAMS - YEA OTIOI ARRIED. Council Member MC moved award Bid No. to in the amount of or the construction n (� t f a metal building at the Public Works Facility - City Administrator (Exhibit 6);seconded by Council Member_. VOTE KIRK - YEA U MAXWELL - YEA 0111Co WATFORD - YEA WILLIAMS - YEA OTION CARRIED (2- NV-L a-� we �C) Lot dW KaLC o- J+t q+ (ice c) V&-d- vG,U- C4 ? . -. ow- q to CtLi �? . C hao ax4 a_ u,) ow-y�) I Lw— out MU - d ,-& CjQUL CW hOpAd ' IUo , Gt� hUkW sob W-C -� a ,e-��C,�o� lot (4 0.6 k (V-O. C- - . to& 1, jios-- woad '�u CF6 da G .Q. +�PtOaW� VMe-a (g4J 4aa, Mo 4-b-p- L:IMo hcu A do �z �� J-0 - on - 6 1 &9--' � �, - e�x�ua -EA- 40-,Ogk �, +m-L tm& pwe `AVuac dlj-� J. Discuss Attorney Cook's Annual Evaluation - Mayor. - 5 5 .y - "-'S .17 Sc K. Discuss Administrator Whitehall's Annual Evaluation - Mayor. IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor_ adjourned the meeting at P.M. The next meeting will be March . 2011 at 6:00 p.m. CITY OF OKEECHOBEE FEBRUARY 15, 2011 REGULA C UNCIL MEETI G HANDWRITTEN MINUTES - CALL TO ORDER - Mayor _4AUi: February 15, 2011, City Council Regular Meeting, at p.m. II. OPENING CEREMONIES: Invocation given by the Pastor Bruce i pson, First United Methodist Church; Pledge of Allegiance led by Mayor �. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - ✓ Council Member Devin Maxwell - ✓ 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 -L— Deputy Clerk Melisa Jahner +/ Police Chief Denny Davis i,— Fire Chief Herb Smith - ,� Public Works Director Donnie Robertson IV. PRESENTATION PROCLAMATIONS - Mayor. A. Proclaim thq UwwkFebruary 20 through 26, 2011 as National Engineers Week." "WHEREAS, engineers have used theirsciendriic and technical knowledge and skills in creative and innovative ways to fulfill society's needs, and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century, and WHEREAS, engineers are encouraging our young math and science students to realize the practical powerof theirknowledge, and WHEREAS, we willlookmore than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 20 - 2 as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee.,, A cll J - V. MINUTES - City Clerk A. Council Member moved to dispense with the reading and approved Summary of Council Action for the January 18, 2011 Regular Meeting; seconded by Council Member. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CAR B� VI. WARRANT REGISTECl(y Administrator. A. Council Member moved to approve the January 2011 Warrant Register in the amounts: General Fund, four hundred fifty-one thousand, four hundred sixty-six dollars and seventy-four cents ($451,466.74); Public Facilities Improvement Fund, three hundred forty-eight thousand, ninety dollars and ten cents ($348,090.10); and Capital Improvement Projects Fund, twenty-two th usa d, six hundred ninety-one dollars and ninety-five cents ($22,691.95); seconded by Council Member L.PW__,11 VOTE KIRK - YEA MAXWELL - YEA IV0 WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Vil. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? Vill. NEW BUSINESS. A. Update form South Florida Water Management District - Gary Ritter, Okeechobee Director of Regulatory and Public Affairs (Exhibit 1). C" d'vC i� A 11,,, ) ,ems, (,PJ,_a �� ,� � c�,�0 &);21� � v. /" 7 B. Request to build a chiki but in Park No. 3 constructed by the Seminole Tribe - Terry Burroughs, Okeechobee Main Street. d C. Council Member Al.�6(j moved to adopt proposed Resolution No. 11.02 regarding the authorization or signatures for Temporary Closing and or Special Use of State Roads with FDOT - City Attorney (Exhibit 2); seconded by Council Member . Proposed Resolution No.11-02 title: "A RESOLUTIONAUTHOR0NG SIGNING OF THE CITY OFOKEECHOBEE, FLORIDA, REQUEST FOR TEMPORARY CLOSING AND/OR SPECIAL USE OF STATE ROADS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PARADE ROUTES BY THE CITY AD///.IMINISTRATOR AND CHIEF OF POLICE FOR �tFOR T�HE CITY OF OK\ETECHOBEE, FLORIDA." '" ,//— ]A 11/7_1 i "l '/�;/ii, // A -)A, .4 Yd/,�.. , 1 1n T /l VOTE KIRK - YEA MAXWELL - YEA PTAWOR - YEA WATFORD - YEA WILLIAMS - YEA CMOTION CARRI P D. Council Member yl� moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest Avenues between North and South Park Streets from March 11 at 5:00 p.m. to March 13 at 5:00 pm. For the A ua Speckled Person Festival and parade - City Administrator (Exhibit 2); seconded by Council Member , (1 i A4::ck — l M k KIRK - YEA MAXWELL - YEA 0 �� WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Council Member & moved to ratify the appGOAAient of Michael Skipper to the Fire Pension Board of Trustee' term being From February 8, 2011 t ci 0, 2015 - City Clerk; seconded by Council Member KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA F. Consider amendments to the Election Code - City Clerk. O'CONNOR - YEA OTION CARRIED. U � _VW /to Alm aj�?��Z4 V-P-� /�� az� - / G. Council Member moved approve the (r quest for a find reduction/release of lien for Code Enforcement Case No. 10-066, Leon and Ulyssee Thomas - City Attorney (Exhibit 4);seconded by Council Member 1,14 e'X AA7wzk VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. V Ay UV"AA6e&),� H. Council Member moved approve a contract for Building Inspection Services with Ray Schaub Inspection Services - City Administrator (Exhibit 5);seconded by Council Member 16 . KIRK - YEA MAXWELL - YEA O' - EA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. (a?,ot,A I. Council Member 7 b moved award Bid No. to in the amount of for the construction of a mejal building at the Public Works Facility - City Administrator (Exhibit 6);seconded by Council Member J VOTE IRK - YEA MAXWELL - YEA ' WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. J. Discuss Attorney Cook's Annual Evaluation - Mayor. K. Discuss Administrator Whitehall's Annual Evaluation - Mayor. A-7loj-,ioo �1- r5- IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor adjourned the meeting at op.m. The next meeting will be March --0)011 at 6:00 p.m. G N �,� � �.� - „�;t - ..a � �,r� �,%< ors._, mow, � NI ka �f �p� .�n�� .�� l�s� F,/e.LcJ � k- � � �� . �.��_ : udu� �nc�Fti,��.��._�. U C5. 4UI- i6 'J° 6�0 �t a 1 5 -- � �-a-: �R -/- C I'-; vc� wl"�k ft�,4� PAY,�4 CF-6 4At�& , Uil NDEPE -'NEW5PJ OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, EL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a`' --1 ��.�.� Z C+ x L t._ C L in the matter of - -_ _ - J in the 19th Judicial District of the Circuit Court o 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. Tom Byrd Sworn to and subscribed before me this day of .z, AD Notary Public, State of Florida at Large -�1:kRY PUBLIC -STATE OF ViORID Angie Bridges Commission #DD779718 Expires: APR. 20, 2012 BONDED THRU ATLANTIC BONT)L�C (863) 763-3134 CRY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the Februa 1, 2011, City of Okee- iobee City Council Meeting has serf cane d. 20e next 6A0 p.rly athed- led meeting will be on Tuesday, tCity all, 55 SE3rd Ave, Rm 200, Okeechobee, lodda. The public is invited and ncouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by certified court reporter will be made of the foregoing meeting. According - any person who may seek to appeal arty decision inwlvi rd the matters roticed herein will be responsible• for making a verbatim record of the tesb- nony and evidence at said meeting upon which any appeal is to be basdN- ed• Tease contact City Administration at 863-763-3372, or website y+ww >fokeerhobeP min. to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 rind contactedinthesGty Clerk'saccommodation at 863o Pa-3d2 fr assistancin this e. by: James E. Kirk, Mayor Lane Gamiotea, cMC, City Clerk 377379 ON 1/28/2011 CITY OF OKEECHOBEE FEBRUARY 15, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 CALL TO ORDER- MAYOR: February 15, 2011, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson, First United Methodist; Pledge of Allegiance led by Mayor MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Devin Maxwell 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. PRESENTATIONS AND PROCLAMATIONS - Mal A. Proclaim the week of February 20-26, 2011 FEBRUARY 15, 2011 PAGE 2 OF 3 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 18, 2011 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator A. Motion to approve the January 2011 Warrant Register. General Fund $451,466.74 Public Facilities Fund $348,090.10 Capital Projects Fund $ 22,691.95 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS. A. Update from South Florida Water Management District - Gary Ritter, Okeechobee Director of Regulatory and Public Affairs B. Request to build a chiki but in Park #3 constructed by the Seminole Tribe - Terry Burroughs, Okeechobee Main Street C. Motion to adopt proposed Resolution No. 11-02 regarding the authorization of signatures for Temporary Closing and/or Special Use of State Roads with FDOT - City Attorney (Exhibit 1). D. Motion to approve a Temporary Street Closing from March 11, 2011 at 5:00 p.m. to March 13, 2011 at 5:00 p.m. forthe Speckled Perch Festival and Parade - City Administrator (Exhibit 2). E. Motion to ratify the appointment of Michael Skipper to the Fire Pension Board of Trustees, term being February 8, 2011 to Septembereo, 2015. F. Consider amendments to the Election Code - City Clerk (Exhibit 3). ,:,`1+ FEBRUARY 15, 2011 PAGE 3 OF 3 VIII. NEW BUSINESS CONTINUED. G. Consider a Request for Fine Reduction/Release of Lien for Code Enforcement Case No. 10-066, Leon & Ulyssee Thomas - City Attorney (Exhibit 4). H. Motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services - City Administrator (Exhibit 5). Motion to award a bid for the construction of a metal building at the City Barn - City Administrator (Exhibit 6). J. Discuss City Attorney Cook's Annual Evaluation. K. Discuss City Administrator Whitehall's Annual Evaluation. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk vi�c.��r/uvLv� JL-LL/► Ivvi WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 20 - 26, 2011 as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee. In witness whereof I have hereunto set my hand and caused this seal to be affixed. IJQll1Cn7 ■J• 111111� 1'l4'Vl i Attest; t ;! Lane Gamiotea, CMt, City Clerk Date: February 15 2011 treasure coast F TREASURE COAST CHAPTER Eflorida S engineering FLORIDA ENGINEERING SOCIETY Society affiliated with NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS P.O. BOX 8764 • PORT ST LUCIE FLORIDA 34985 January 3, 2011 City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 RE: Florida Engineering Society National Engineer's Week Proclamation Dear City Council: Naflonaf Eoeiaf/ of probaWwl Engk"r$ Please accept this letter as a request to issue a "National Engineer's Week Proclamation" declaring National Engineer's Week in the City of Okeechobee for the week of February-15 - F National Engineers Week was founded in 1951 by the National Society of Professional Engineers as an annual event to raise public awareness of engineers and their accomplishments. Thousands of engineers throughout the United States will sponsor a variety of public activities from technology exhibits to student competitions during this week. A copy of a proclamation is enclosed for your use. Please feel free to call me at (863) 467-0555 or E-Mail me at vicepresident tcfes.org if you have any questions or need additional information. I would appreciate it if you would notify me when the proclamation is scheduled as an agenda item so a representative from the Treasure Coast Chapter of the Florida Engineering Society may be present to receive it. Thank you in advance for your support of our society, and we look forward to hearing from you. Sincerely, Noah A. Han ley, P. Florida Engineering Society Treasure Coast Vice President Enclosure Proclamation: Whereas, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; And whereas, engineers face the major technological challenges of our time — from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and Whereas, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; Now therefore, I (official title) do proclaim February 1"- 2, 2011, National Engineers Week in (City or County), Florida. VA ovi J CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: /E�z ADDRESS: 11J 3�F17 z- TELEPHONE: �� _ � 3 � � FAX: -7L, 3 d 7G -7 MEETING: REGULAR SPECIAL O WORKSHOP O DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL K AGENDA: PLEASE ATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: G,�C--- PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: The Seminole Indian Tr-i.be has offered to bttild 1. chiki hut in Park3 The site selected is based. on the desires ofthe tribe to house their ptimpkin bread veiidor in. the same location each festival. thee, attend Proposed. plan calls for the, constructioi'l. of' 1. chikki. hut in. the ft),I Im'N.,111g, size I OX 12 Will I)e.i.-es l)oi.isi.bl.(,.I-."car all con.strLICIJ.011 of proposed hut Seriiinoles would be take the resporisibilitNY of're-diatching of the rool" every -)-7 N.ears w 1; Location of Chikki Hut Page I of 2 Robin Brock From: "Brian Whitehall"<bhttehall@cityofokeechobee.com> To: <twbfla@gmail.com> Cc: '"Robin Brocl " <rbrcek@c ityofokeechobee.com> Sent: Friday, January 28, 2011 8:58 AM Subject: RE: Chikki Hut Construction in Park 3 Ya think I'm kind of buried this morning on a few issues, does Monday morning sound ok?... right now I'm avail anytime From: twbfla@gmail.com [mailto:twbfia@gmail.00m] Sent: Friday, January 28, 2011 8:28 AM To: Brian Whitehall Subject: Re: Chikki Hut Construction in Park 3 This is an issue that requires face to face discussion. Sent from my HTC on the Now Network from Sprint! ----- Reply message ----- From: "Brian Whitehall"<bwhitehall@cityofokeechobee.com> Date: Fri, Jan 28, 2011 8:15 am Subject: Chikki Hut Construction in Park 3 To: "'Terry Burroughs'" <twbfla@gmail.com> Cc: "'India'" <iriedel@cityofokeechobee.com> India and I were discussing the particulars of the BTR and the new chamber and our conversation moved to the City's contributions to the Bus Devel Bd, which I've gathered for all intensive purposes is defunct. I know this is premature, but do you anticipate soliciting for this effort at some point in the future? The transition from the BDB to a Chamber w/ an improved effort of economic development including a Sub -Committee devoted to Business Development needs to be reaffirmed w/ the City Council as to an appropriate expense. Just another thing we need to dwell on. Thanks From: Terry Burroughs [mailto:twbfla@gmail.coml Sent: Friday, January 28, 2011 7:43 AM To: 'Brian Whitehall' Subject: RE: Chikki Hut Construction in Park 3 How about this morning From: Brian Whitehall[maikD:bwhtehall@cityofokeedhobee.com] Sent: Friday, January 28, 2011 7:18 AM To: twbfla@gmail.com Subject: RE: Chikki Hut Construction in Park 3 Wonder if we can visit about the location of the but sometime thanks 2/10/2011 Page 2 of 2 From: twb0a@gmail.com [mailto:twbfia@gmail.00m] Sent: Thursday, January 27, 20117:35 PM To: Brian Whitehall Subject: Re: Chikki Hut Construction in Park 3 No problem on sharing it Sent from my HTC on the Now Network from Sprint! ----- Reply message ----- From: "Brian Whitehall"<bwhitehall@cityofokeechobee.com> Date: Thu, Jan 27, 2011 2:19 pm Subject: Chikki Hut Construction in Park 3 To: "'Terry Burroughs'" <twbfla@embargmail.com> Cc: "'Mo'" <sybles@embargmail.com>, "'Toni Doyle'" <okms2009@embargmail.com>, "'Robin Brock'" <rbrock@cityofokeechobee.com> Good aft - Yes, you mentioned it. Is there any confidentiality issues assoc w/ this matter, in as much as forwarding the orig proposal to the City Council for a look-see? Or would you rather make the presentation a surprise? The City will not be having a Feb 1st meeting. The next regularly scheduled meeting is set for February 15th As always, thanks for your efforts! Brian From: Terry Burroughs [maito:twbfla@embargmail.com] Sent: Thursday, January 27, 2011 8:03 AM To: Brian Whitehall Cc: Mo; Toni Doyle' Subject: Chikki Hut Construction in Park 3 Brian, I believe I mentioned this a couple months ago regarding the desires of the Seminoles ( Mike Micco) to construct a chikki but in park 3. l have attached the proposal and was wondering if I could get this on the next Council agenda? Terry Burroughs 863-697-6325 2/10/2011 DMIBIT 3 MB 15, 2011 MEMORANDUM TO: Mayor and Council Members FROM: City Clerk Gamiotea * SUBJECT: Proposed Changes to the Election Code DATE: February 8, 2011 Code Book Section 26-11 (copy attached) is the section that determines how a tie is resolved for the City Elections. Basically should there be a tie, then a Special Election would have to be conducted in December in order to determine a clear winner. A City only Special Election would be very costly and Mrs. Chandler and I wanted to bring this to the Council's attention. An alternative to a Special Election would be to adopt the language from Florida Statute 100.181, which is to draw lots. The BOCC adopted this language. I checked with several other cities to see how they handle this and the results were mixed, from the responses I received: These follow State Statute (draw lots): City of Longwood City of Deland City of Indian Rock Shores City of Casselberry City of Orlando City of Bunnell These have Special Elections: City of Palm Bay City of Belleair Beach City of Winter Garden City of Sebastian City of St. Cloud Should Council wish to adopt the state's language in this particular area,,Attorney Cook and I can prepare an ordinance for your consideration. Please call me should you have any questions. Thank you o Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 1 Select Year: 2010 Go The 2010 Florida Statutes Title IX Chapter 100 View Entire ELECTORS AND GENERAL, PRIMARY, SPECIAL, BOND, AND Chapter ELECTIONS REFERENDUM ELECTIONS 100.181 Determination of person elected. —The person receiving the highest number of votes cast in a general or special election for an office shalt be elected to the office. In case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw tots to determine who shalt be elected to the office. History.—s. 7, ch. 20872, 1941; s. 4, ch. 26329, 1949; s. 4, ch. 26870, 1951; s. 24, ch. 77-104; s. 12, ch. 77-175. Note. —Former s. 98.49. Copyright ® 1995-2010 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App mode--Display_Statute&Search String... 11/1/2010 ELECTIONS Sec. 26-9. Internal regulation; attendance; misconduct; quorum. The city council shall be the judge of the qualifications, election and returns of its mem- bers. It may choose its regular procedure and prescribe a penalty for nonattendance of its mem- bers and for their disorderly conduct and enforce the same, and a majority of its members may expel a member for misconduct in office. A major- ity of the members of the council shall be required to form a quorum for the transaction of business. (Laws of Fla. (1919), ch. 8318, § 23) Sec. 26-10. Canvass of returns by city coun- cil; certification of election. The city council shall meet within three days after any general or special election, or as soon thereafter as practicable and shall canvass —the — returns of such election as shown by the certifi- cates delivered to the _city council and the city cTerk, and shall certify the result of the election, . anti shall furnish each candidate elected with-.- ceof his election. ►i (Code 1982, § 6-7) Sec. 26-11. Determination of cancidate elected; resolution of ties. The candidate, receiving the highest or largest number of votes cast for one office shall be elected to such office, provided that in case two or more candidates shall receive -an equal and the highest number of votes for the same office, the mayor shall issue his proclamation calling for a new election between such tied candidates. (Code 1982, § 6-8) Sec. 26-12. Conduct of special elections. All special elections shall be conducted in the same manner, as near as possible, as provided in this chapter and by the city Charter. for general city elections. (Code 1982, § 6-9) Sec. 26-13. Alternate procedures in case of death, withdrawal or removal of candidate. If the death, withdrawal or removal of a qual- ified candidate occurs following the end of the § 26-13 qualifying period leaving less than two candi- dates remaining on the ballot for a seat in that particular group, alternate procedures may be followed as set forth in this section. (1) Reopening qualifying or calling a special election. The commission has the option of qualifying or calling a special election, depending on the time remaining prior to the election as follows: Supp. No. 2 CD26:6 a. More than 21 days before election. The city council may vote to reopen qualifying to allow candidates to qual- ify for election to that seat in that particular group, and any candidate wishing to qualify shall file in com- pliance with the requirements of the Charter, but no later than noon of the 21st day prior to the date of the election. 1. The remaining candidate for the open seat in that group shall not be required to requalify or to pay a second qualifying fee. 2. If no additional candidate qual- ifies for election during the sup- plemental qualifying period, the remaining candidate shall be declared elected by virtue of being unopposed. The remain- ing candidate may continue to accept contributions until de- clared unopposed. 3. If other candidates qualify for election during the supplemen- tal qualifying period, supple- mental absentee ballots shall be mailed by the city clerk to all absentee voters who were mailed an absentee ballot for the regular election. If an ab- sentee voter only.returns the initial ballot he was mailed, his vote for that seat in that partic- ular group for which the sup- plemental qualifying period was called will be null and void, but his votes on all other offices and issues will be counted. Case #10-066 Leon & Ulyssee Thomas 911 NW loth Street 06/08/2010 — Complaint that there was a disabled vehicle (No Tag) parked on the property. Checked property & photographed disabled vehicle. 06/10/2010 — Sent Courtesy Letter informing property owner about the disabled vehicle. 07/06/2010 — Inspected property, not in compliance. 07/09/2010 — Mailed Notice of Violation. 07/28/2010 — Notice of Violation returned, Unclaimed. 08/26/2010 — Posted & photographed property. 09/20/2010 — Mailed Notice of Hearing. 09/21/2010 — Notice of Hearing received, signed for by Ulyssee Thomas 10/12/2010 — Case heard by Code Board, if violation not corrected by 10/22/2010 a fine of $25.00 per day would commence on that date and continue till the violation was corrected. 10/15/2010 — Mailed Copy of Lien/Order. 10/16/2010 — Lien/Order received, signed for by Ulyssee Thomas. O1/21/2011 — Sent Mr. & Mrs. Thomas a letter informing them that as of January 20th, 2011 the violation had accrued for 90 days and the City had ability to foreclose on the property to collect the fine. 01/25/2011— Vehicle moved, property in compliance. Fine ran for 94 days equaling $2325.00 plus $25.00 administrative fee for a total fine of $2350. 01/27/2011— Mr. Thomas requested to be placed on Code Board agenda. As per Mr. Cook, Mr. Thomas had to appear before the City Council to request a reduction in fine. Ca) MEMO February 15, 2011 addendum to inspection contract If the council is interested in approving the inspection services contract with Ray Schaub , I had discussed with Brian the following additions to the terms, none of which I think would be objectionable to Ray: Paragraph 2: Add provision in addition that all agents or employees of the Agency that are engaged in inspection services be duly licensed under Chapter 468 Paragraph 3: Add requirement that Ray testify upon request for any contested code board violation either before the board or in a court hearing. Paragraph 4: Make it clear that termination of the agreement upon six-ty-days notice by either party may be with or without cause, and be renewable on an annual basis as of (January 15`, calendar year) or October 1S`. fisca year . Paragraph 6: Eliminate language that implies that cause is necessary to terminate contract. Paragraph 8: Insert language to make it clear the indemnity clauses pertain solely to issues arising under the terms of performance of inspection services only. Creating a paragraph 20: At all times material to this contract, the Agency shall be considered an independent contractor, and not an employee of the City of Okeechobee. As such, the agency may select the means, timing, and manner of its performance hereunder, so long as the agency meets the g and performance of services as set forth herein. The Agency minimum requirement of licensin is not authorized to bind or obligate the municipality to the public for any purpose, except solely to supply services, and to enforce and approve building construction in accordance with applicable local and state building codes.. The agency shall be responsible for its own local, state or Federal taxes, income tax, social security, medicaid, 1099 reporting, 940 and 941 payroll taxes, or other assessments of every nature that may arise out of operation of the business of the Agency, and hold the municipality harmless therefrom. JCook EXHIBIT 6 FEB 19, 2011 MEMORANDUM TO: Brian Whitehall, City Administrator. FROM: Oscar Bermudez, City Engineer SUBJECT: Pre -Engineering Design Build Metal Building Bid PW 03-00-01-11 DATE: February 10, 2011 Mr. Whitehall: After reviewing the nine proposals for the above project, we have chosen KST Construction In. KST Construction Inc. was not only the lowest bidder, but after analyzing the credentials and ratings of NUCOR Building System, the Engineering Department is confident that the new proposed building will meet our expectation. Consequently the Engineering Department recommends to the City Council to award the contract to KST Construction Inc cc: Donnie Robertson, Director Public Works Betty Clements General Services CITY OF OKEECHOBEE Bid Tab/Bid Opening PW 03-00-01-11 Pre -Engineered Design Build Metal Building February 4, 2011 1:00 P.M. Company Address Unit Price Alt. Bid #1 Alt. Bid #2 Bid Bond Addendum Vendor Form Walker Design & Const. 6500 E. Rogers Cir. $209,000.00 $66,000.00 $10,076.00 X X NO Boca Raton, FL Marmer Const. Inc. 3200 US 27 South $129,800.00 $21,300.00 $8,800.00 X X X Ste 305 Sebring, FL Semco Const. Inc. 205 Century Blvd. $171,000.00 $80,860.00 $10,123.00 X X X Bartow, FL AWM Const., Inc. 2296 N. US 1 $159,829.00 $42,350.00 $7,348.00 X NO X Fort Pierce, FL KST Const., Inc. PO Box 1153 $127,620.00 $41,000.00 $5,000.00 X X X Okeechobee, FL Camelot Custom Const. PO Box 1877 $171,000.00 No Bid No Bid X X X Inc. Okeechobee, FL E.O. Koch PO Box 1965 $131,660.00 $10,200.00 $3,800.00 X X X Sebring, FL Close Const., Inc. 301 NW 4th Ave $139,516.00 $40,000.00 $4,580.00 X X X Okeechobee, FL Richard K. Davis Const. 4205 Metzger Rd. $150,045.00 $45,094.00 $4,401.00 X X X Corp. Fort Pierce, FL Posted: 2/4/11 3 pm Remove: 2/11/11 3 pm WON 1-0-10 RN To: Mayor Kirk, Council Member Maxwell, Council Member O'Connor, Council Member Watford and Council Member Williams From: Lane Gamiotea, City Clerk/Personnel AdministratorV Subject: Annual Evaluations for Administrator and Attorney Date: February 8, 2011 The time has come yet again to complete your annual evaluations on Administrator Whitehall and Attorney Cook. Attached please find: 1. A copy of the evaluation that you completed last year. 2. Minutes from the meeting reviewing the evaluations. 3. New evaluation forms for each of you to complete, sign and date. 4. A new score "tally" sheet (MAYOR'S COPY ONLY). These are the steps to complete: ❑ Complete your evaluation forms. ❑ Contact Robin to schedule your individual meetings with Brian and John. This needs to be completed prior to the February 15 Council meeting. If you do not wish to have an individual meeting, please let Robin know as well so that we are sure no one was accidentally forgotten. ❑ Bring your COMPLETED evaluation form to the February 15 meeting to give to Mayor Kirk. The Mayor will compile the scores. Thank you and please call if you have any questions. MAYOR'S WORKSHEET TO CALCULATE AVERAGE SCORE ON EVALUATIONS: Brian Whitehall John Cook Final Score from Mayor Kirk Final Score from Maxwell 7 ,3 Final Score from O'Connor D a F Final Score from Williams 37 30 Final Score from Watford � go gee —a G Total C/V j Divided by (5) Evaluators '3 g• (2 • a Divided by (8) Questions 5- 3 •77 Score Key: E = 5.0 G = 4.0 S = 3.0 F = 2.0 U=1.0 Revised 11/16/09-LG y.OF'NEEf HQ _o CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John R. Cook Department Job Title City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate Position ❑4-Mth Intermediate ❑ 6-Mth/End Probationary 4 1 1988 4 1 1988 XXAnnual ❑ Other _ KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEDGE Employee possesses a clear understanding of the responsibilities and tasks he or she must nerfnrm _ Extremely knowledgeable on all phases of work. (v Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE.• (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY. (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed affir.ianfly nnrf affartivaly F Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. 4. DEPENDABILITY- can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. (G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. u Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. S. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. (� Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. u Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. e Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. u Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and activ ly contributes towards a safe workplace. OE No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S. Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. u Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. r S. ATTENDANCE: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible uses of earned leaves times anrl willinrrness to evtenrl hnurc of wnrk if necaccary Of Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCARF: Overall appraisal of the em,n/ovee's iob performance. OVERALL RATING: Circle one E G S F U List Accomplishments since last evaluation and any Comments: G off Old y' /j Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: Print Name: John R. Cook Date: Department Head Signature: Print Name: James E. Kirk Date: cz EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT Original ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG OF•OHE y Erh CITY OF OKEECHOBEE A EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John R . Cook a l 1 Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate Position ❑4-Mth Intermediate ❑ 6-Mth/End Probationary 4/1/1988 4/1/1988 nnual ❑ Other KEY TO RA TIN" E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEDGE.- Employee possesses a clear understanding of the responsibilities and tasks he or she must n o rfn rm E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U I Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE. (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's ni n r4 E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY. (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed .. FF:..:.... E.I.. .....-I .. FFi...ii.... I. i E Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. s Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. V Productivity constantly below acceptable requirements; requires constant follow-up. 4. DEPENDABILITY: Can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. (� Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. V Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willinqlV to changes in procedure, process, responsibility and assignments. rEDisplays superior enthusiasm in working with others and contributes to high morale in work unit. 0 Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. & INITIATIVE. • Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. V Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. V Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. 8. ATTENDANCE. consider consistency in reporting to work daily, conforming to work hours and schedules; responsible neo of aarnarl loavo Lima and willinnnass fin ovtl nri hnurc of wnrk if nnra.c.cary E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. OS Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE. Overall appraisal of the employee's job performance. OVERALL Ie one)RATING: � J ^ �� S� F U List Accomplishments since last evaluation and any Comments: Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: Print Name:johng. Date: Department Head Signature: , Print Name: Devin Maxwell Date: EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT ❑Original ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG LL =~ CITY OF OKEECHOBEE V EMPLOYEE PERFORMANCE EVALUATION Employee Name John R . Cook Todday's Date Cl r19 t Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate Position ❑4-Mth Intermediate ❑ 6-Mth/End Probationary 4/l/1988 4/l/1988 S)'Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEDGEEmployee possesses a clear understanding of the responsibilities and tasks he or she must n a rfn rm E Extremely knowledgeable on all phases of work. 0 Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE. • (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's wnrk E Exceptionally accurate, completes & surpasses established quality standards. 0 Reliable, high quality & generally exceeds established standards. s' Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed affirianfiv and affartiyaly E Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. 4. DEAFNDASILITY can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. V Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. S. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. (� Cooperative attitude and is interested in maintaining good working relationships. s Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. & INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve iob or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. (� Very resourceful, assumes additional responsibility. s' Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. V Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY- Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. V Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. S. ATTENDANCE Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible of a e� /o o fim nrl willinnno CC fn ovfonrl hnurc of wnrk if norocc-nni E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCARF. Overall appraisal of the emalovee's iob performance. OVERALL RATING: Circle one) Ee0m, (..00 G , )S F U List Accomplishments since last evaluation and any Comments: LAZ t r-J tYh Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: Print Name: John R. Cook Date: Department Head Signature: Print Name: Mike O'Connor Date: q r,6.ao �I EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT iginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG oo CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John R. Cook �!l Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate Position ❑4-Mth Intermediate ❑ 6-Mth/End Probationary 4/1/1988 4/1/1988 15$4nnual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEDGE. • Employee possesses a clear understanding of the responsibilities and tasks he or she must narfnrm E Extremely knowledgeable on all phases of work. (� Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's wnrk E Exceptionally accurate, completes & surpasses established quality standards. (� Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed cffiricnfl,i nnrl cffa rfi—l" E Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. V Productivity constantly below acceptable requirements; requires constant follow-up. 4. DEPENDABILITY.• can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. (� Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. V Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. S. COOPERATION. Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. (� Cooperates only when interested and tends to be impatient with other workers. & INITIATIVE. • Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. Initiative results in frequent saving in utilization of time and resources. Very resourceful, assumes additional responsibility. 1 S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. V Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY.• Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. u Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. V" . I .. S. ATTENDANCE. consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willingness to extend hours of work if necessar . F Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCARF. Overall appraisal of the employee's job performance. OVERALL RATING: Circle one)G F U S List Accomplishments since last evaluation and any Comments Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: rint Name: Date: John R Cook Department Head Signature: rint Name: DQxling R.__Wa fordte: i EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT ❑Original ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy N Revised 11/16/09-LG HC u; o CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's ate John R Cook 14 Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate Position ❑4-Mth Intermediate ❑ 6-Mth/End Probationary 4 1 1988 4 1/1988 nnual ❑ other _ KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must narfnrm E Extremely knowledgeable on all phases of work. 1�:� Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE.- (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. E Exceptionally accurate, completes & surpasses established quality standards. (� Reliable, high quality & generally exceeds established standards. 'S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY. (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed affirianfly and affae fivaly E Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. 4. DEPENDABILITY- can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. (� Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. s Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. u Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. (� Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. u Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. Initiative results in frequent saving in utilization of time and resources. (� Very resourceful, assumes additional responsibility. Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. u Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY. Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. s Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. u Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. IV • 8. ATTENDANCE: consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willinoness to extend hours of work if necessarv- € Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: Overall appraisal of the employee's iob performance. OVERALL RATING: Circle one € �' G S F U List Accomplishments since last evaluation and any Comments: 61 Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature. f Print Name: Date: Employee Signature. Print Name: Date: F Cook Department Head i na [' L i ( (C t ., rint Name: Clayton Williams Date: 0 EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT ❑Original ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy The Updates! from the City Administrator's Desk r 55 SE 3rd Av., Okeechobee, FL 34974 1915tr City Hall — 763-3372 City Council meetinofFebruary 15, 2011 Noise Ord complaint — Mr & Mrs Ron Main, 101 NE 8th Av (River Run Park) previously met with the city Council and staff has met with them several times along w/ the David and Anita Nunez. They were adamant about coming to this meeting, but finally have agreed to take -a -wait and see approach. Chamber — Attached (2-page) is the Chamber's 'Answer to Complaint in Eviction'. The City is in the process of subpoenas for electric and phone bills along with composing a list of eligible witnesses to assist in the case. Street striping — After rec'g no bids on 1/5/11 bid opening we gathered quotes for at least the areas of immediate importance... City Hall pkg lot and NW 9th Street and south of the Judicial Center. The quote was approved at the Jan 18 meeting. I'm a bit disgruntled that striping hasn't started, but am being told that by next Tuesday he should have made some progress.We are finding that purchasing the application equipment may not be as costly as originally thought. However, the thermal paint is expensive... will get the final analysis asap. • City Hall remodel - Finally, we are closing in on project completion. I know it's taken some time, but we have tried to use City labor where possible and piecemeal bids and quotes to find the least expensive path. We need to add baseboard and add some fixtures in the bathroom. Future issues include, perfecting the 'computer/electrical room' and adding a monitor/tv to the lobby wall to post notices and events, etc. Again, the ADA/handicapped compliance is the most exciting accomplishment. • Council Workshop — I sent the following via email to you last week: Last week I asked about the interest in having a workshop of some kind during a future `light' City Council meeting agenda and found there is interest in same, but with the stipulation that we remained focused on issues that are known in advance, i.e. an agenda. As we work toward setting something up, I would like to solicit the issues you would like to incorporate on to the agenda. • Business Dev Bd — provided a report to the State (required for all Economic Development Organizations, statewide) and that report is attached (3-pages). • Chiki Hut in Flagler Park#3 — The Seminale Tribe has offered to construct a chiki but in Park #3 and a presentation will be made at a coming meeting ... I don't have confirmation at this time if it is this meeting or the next. • CDBG Housing Rehab — On Jan 11 we had a site visit from DCA and have rec'd an email from DEP all pointing to approval of the funding. Page 1 2115111 Activity Rpt Cont'd • OUA Board voting rules — I sent an email to Atty Cook as follows: I was advised by John Hayford that they are preparing an amendment to the Interlocal Agreement wherein a simple majority vote is required to pass motions. Apparently, they currently have a requirement for a super -majority (4/5) vote for motion passage. He gave me a quick history that went back to the concept that the City or County wouldn't be able to control motions so a 4/5 vote was implemented. OUA is concerned that they have been unable to get member replacements and effective 3/1/11 they will be down to 4... which according to Tom, puts them in a voting compromise. When we get the draft, will send it to you for review and presentation to the Council. At this time, I do not know if the matter will be on this Agenda. • Evaluations for Atty and City Admin — It may seem like it was just yesterday that evaluations were done but it's that time again to put the matter on the Agenda. As always, Atty Cook and I would welcome any one-on-one discussion about job performance at any time of the year. Gary Ritter. SFWMD is on the Agenda to give an update. Evaluation and Appraisal Report (EAR) — Rec'd letter from DCA, acknowledging receipt of the adopted EAR and advised prelim findings sent by 2/25 and final findings should be no later than 3/28/11. Again, immediately after DCA renders approval the City has an 18-month window to incorporate the EAR findings into the Comp Plan. 1. Provide a transitional commercial -to -residential land use category along with the appropriate map designation 2. Eliminate inconsistencies between the Zoning and Land Use maps 3. Develop unique guidelines for development along Taylor Creek 4. Establish an urban design standard concentrating on the City's downtown area along with pedestrian friendly connectivity and streetscaping EPA proposes a model ordinance for landscaping/fertilizers — I reed a call and a booklet urging local gov to adopt an ord incorp in LDRs prohibition of excessive nutrient application. I'm to meet with an EPA rep to discuss the matter. I reed several Resolutions from other communities expressing opposition to the EPA proposal. I plan to wait until the EPA rep requests an audience w/ me to advance the question to the City Council. Carter Pritchett Advertising v City billboard issue — Rec'd a letter dated 12127110 from Atty Bob Shearman, representing the City, that Atty Steve Ramunni essentially said they can't move the proposed location easterly and proposed the City accept a 20 year (vs 10 year) period before non-conformance is initiated. As soon as we converse w/ the Attorneys, we will set up a meeting w/ the City Council. Sign Ord — As a result of a prior meeting's discussion, I propose that the sign provisions of the Code dealing with the running/apparent moving/blinking etc. variety of sign be prohibited completely (except time/temp and barber type) with the existing ones being `grandfathered' in. Perhaps you can advise on the Ord preparation. Page 2 2115111 Activity Rpt ContV Temp use and Temp structures permitting — The City Code now provides for a permit, fee ($175, no charge for a non-profit special event) and inspection method to allow businesses to conduct an event which will result in erection of temporary structures. A recent applicant complained that permitting an open house seemed a bit much and I've had a City Councilman mention that this matter should be placed on a future agenda. >There are instances that make sense to permit, such as a rodeo or circus, sp events that may result in increased liability or public safety issues. >The City Code is a bit confusing/contradictory. >I've instructed General Services to compose an accurate accounting of what our practice has been so that the City may adopt a clearer policy. Dates to remember: *Feb 12-13 — Speckled Perch Festival. You will see it's sponsored by the Chamber of Commerce of Okeechobee County and Main Street and it's on the Agenda for approval. Also in the Agenda is a Resolution (#11-02) designating The City Admin and Police Chief to sign the FDOT parade route applications. We always have, but now the FDOT requires evidence from the City Council that we are authorized to do so. *Feb 25-27 — Top of the Lake Art/Music Fest City Clerk: • Procedure in the event of an election tie — Enclosed, as an Exhibit, you will find a memo introducing a resolution to election ties. In lieu of conducting an expensive and time-consuming low-tum-out, additional election the proposal calls for drawing lots. Finance: • 4-month finance update — Attached find a 3-page memo reflecting all revenue sources and expense listings by Dept w/ comparative data for fye 2010 first 4 months vs. fye 2011 first four months. • BTR (Bus Tax Receipts, formerly Bus lic) status — report (1-pg) is attached. • State revenue forecasting — India extracted information from various origins to arrive at a memo, attached 1-page, of St of FL general economic forecasting statements. • Impact fees — The City adopted our impact fee schedule in May 2007. In 2009, the City considered and rejected impact fee abatement. In Jan 2010, Main Street Economic Restructuring Comm (the Business Devel Bd) provided the City with a draft impact fee mitigation program. This year we will have the fees in place 4 years and the advice of the orig consultant was that a re-evaluation was probably in order after such time. County Dep Admin Threewits has contacted me about jointly reviewing the method and fee schedule w/ the schools. He is preparing a draft RFP for the evaluation and I've asked him to forward it for review before agreeing to consider an expenditure on the City's behalf. Page 3 2115111 Activity Rpt Cont d • Investment Policy — We've done additional research on same. Robin compiled a definitions report on various investments that I'm filtering through to assist in identifying the options we wish to end up with. • Finance Director Position — at one time or another I have probably visited with each of you about moving Accounts Supervisor, India Riedel, to a position more suitable to her job duties✓performance. Fire: • Release of lien/fine reduction — relating to a daily fine for an inoperable vehicle on their property, requested for Leon Thomas, 911 NW 1 Oth St is on the Agenda. General Services: • Building Official contract — I expressed opposition to Independent Inspector's proposal to increase the bldg permit fees and decrease the hours they will make an official available to the City. Their response is expressed in the attached, 1-page letter, which essentially advises the City that effective March 7 they will terminate services. In reviewing our options I kept in mind that the City would like to be more customer oriented (more hours available) and, if possible save money along with making a smooth transition. Two basic options are available. One is to hire an employee and the other is to examine other contractual arrangements. From an employee perspective the following illustrates the cost of an employee in various pay ranges: City of Okeechobee General Employee For use in discussion of Bldg Official position Illustration purposes only Compiled: 01/26/11 % Of Pay or Benefit # of hours Payroll Rate of pay 2080 $ 50,000 $ 60,000 $70,000 Social Security 6.20% $ 3,100 $ 3,720 $ 4,340 Medicare 1.45% $ 725 $ 870 $ 1,015 Work Comp 3.70% $ 1,850 $ 2,220 $ 2,590 Retirement 13.00% $ 6,500 $ 7,800 $ 9,100 Health Benefits $ 6,628 $ 6,628 $ 6,628 Life & Disability $ 320 $ 320 $ 320 Holiday 4.23% $ 2,115 $ 2,538 $ 2,961 Sick Leave Benefit 4.23% $ 2,115 $ 2,538 $ 2,961 Annual Leave Benefit 4.23% $ 2,115 $ 2,538 $ 2,961 total $ 75,468 $ 89,172 $102,876 As you can see a typical $60k Bldg Official will cost the city approx $89k in added benefit costs. Adding a vehicle/gas and related expenses should add to the cost bringing it to approx $100k Last year the City rec'd approx $111,352 in fees of which Ind Insp captured $94,650. Page 4 '6 2/15/11 Activity Rpt Cont'd — building official contract discussion My recommendation is to enter into a contract (not as an employee) with upon u w� Ray Schaub, our existing contracted BO, thru Ind Insp , at a agreed p cost of $60k/yr with the City capturing 65% of the B -fees in excess of $6000/month. Mr Schaub will be required to wor R. 4 day a week. In this fashion the City will have the least transition trauma, aye a BO working more hours and the City will take a higher share of the fees, especially during extraordinary activity months. Our cost exposure is most prevalent during a slow year, where Mr Schaub will be getting a base pay and the city may not be receiving adequate funds to cover his base. Its less exposure than an employee... consider it kind of a hybrid approach. Ray Schaub Inspection Services contract is on the Agenda. • Water Supply 10-yr Plan Ord — Planner Brisson has spent some time updating our plan in the last month. As you recall, the City had a first rdg on the ord and sent it to DCA for review. SFWMD has made an issue of OUA's Consumptive Use Permitting as it is incorporated in our Plan. A disagreement developed between OUA and SFWMD as it relates to max daily allowances (SFWMD wants more restrictive measures). Police: • Activity reports — December — calls-588; traffic citations-64; traffic warnings-27; arrests-27; traffic accidents-31. Chief Davis has advised that the Dept will undergo a regiment of training exercises the week of Feb 21-25 and I've attached a 5-page summary of the training. • Request from Ursula Metzger SW 2"d Avenue. I've Metzger and WellisSV) P—asking for installation of 4-way stops at each intersection on asked Chief Davis for a response memo. • Pain clinics — In May 2010 the City adopted a 1-yr moratorium on pain clinics in hopes of Florida passing a statewide restrictive law. Also Attached in the packet is a 3-page article on from the FL Leag of Cities Quality Cities magazine, Jan/Feb edition on pain clinic legislation. If you read the article you will find an example of 'government at its best' (sarcasm) with a conclusion that the State simply can't seem to pull off the appropriate legislation. That kind of leaves the City to re-evaluate same and I've instructed Chief Davis to investigate other communities adopted ordinances, etc. • SLERS radio system — nothing new to report. Public Works/Engineering: • 200 blk of SW 11 th St dry retention area — Months ago we approached the council about converting the one block, one -lane unimproved road to a grant funded dry retention area. Oscar met w/ Craig A Smith rep at the project site. Investigation continues. Page 5 2115111 Activity Rpt Cont d • SW 21St Street Storm Sewer Proiect — In the fall of 2008 the City submitted to the County a request to be included on a hurricane disaster relief grant for this project. I'm copying Debbie Belcher's 1/14/11 email here which gives us optimism that the project will receive funding under the County's authority: The Okeechobee County Board of County Commissioners authorized us to submit a request to extend the completion date for the County's FEMA Hazard Mitigation Grant Program grant, for the purpose of constructing stormwater drainage improvements in the SW 21st Street area. We had originally intended to do work in that location with the HMGP grant, but the engineer's total project cost estimate was such that we deleted SW 21st Street from the construction bid package in favor of the downstream area. We also remember your request to include SW 21st Street in a previous CDBG Disaster Recovery grant. Now that construction is underway, we are confident that there will be sufficient funds available through HMGP, DOT and DEP to expand the project to include SW 21st Street. We cannot be certain that the grant extension will be approved, but we are optimistic. If the City has specific comments regarding the project design, please send them to me, Jim Threewits and Orlando Rubio, P.E. with Craig A. Smith and Associates. We are very sensitive to the fact that this is a City jurisdiction, and want this to be a good working relationship. We will keep you informed of the status of the grant extension request. Meanwhile, please feel free to contact me with any concerns. • Blvd Median Curbina — The curb installation is complete. The project ended up at 7,042 If at $5.50@ totaling $38,731. • Park at SE 6tt' Av & 7t" St — have mentioned this potential project in the past. Looking into permits required to allow installation of a deck abutting the water there along w/ funding avenues. • Commerce ,nark lakes and wetland — The meeting was delayed to Feb 11 m Again, I hope it's a matter of providing `as-builts' and some clarification on future infrastructure relating to private property development. Invited are SFWMD reps, CAS and Dale Milita along with City reps. • Warehouse at the City aaraae facilities — On 2/4/11 the City rec'd 9 bids on the construction of the new building at the City barn. An exhibit to the Agenda lists the bids and a letter of recommendation for KST Const at $127,620. Respectfully submitted, Brian Whitehall, Administrator Page 6 CITY OF OKEECHOBEE, FLORIDA A municipal corporation under the laws Of the State of Florida, Plaintiff, Vs IN THE COUNTY COURT IN AND FOR OKEECHOBEE COUNTY FLORIDA CASE NO. 2011-CC-20 OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC, A not for profit corporation under the laws of the State of Florida, Defendant ANSWER TO COMPLAINT IN EVICTION COMES NOW THE DEFENDANT, OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC., and files this answer to Complaint in Eviction filed by the City of Okeechobee, Florida, and states the following, to wit: 6a. Defendant denies the allegation that it is not current in its filing with the Secretary of State's office in Tallahassee, Florida. 6b. Defendant denies the allegation that the land that was leased to the Okeechobee County Chamber of Commerce, Inc. is in violation of paragraph 6 of the Lease. 6c. Defendant denies this allegation of insurance coverage and states that the officers and directors liability insurance and insurance coverage on the Chamber's building is current at this time. They City of Okeechobee has a certificate of insurance on file in the City Clerk's office and it names the City of Okeechobee as being covered should a liability occur on the property leased to the Chamber by the City of Okeechobee and the Chamber's building. 6d. Defendant denies mortgaging or pledging the land belonging to the City of Okeechobee. The Defendant does acknowledge the Internal Revenue Service's liens on the building and its contents, which was built in 1985 by the Okeechobee County Chamber of Commerce, Inc. for over S 140,000.00 not including donations of labor and materials and the subsequent improvements made to the building after the initial ©AIGINr FILED I 1(,, �__,20--LL _ SHARON POBERMN CLERK OF GNCUiT COURT construction. We find no connection to the Lease on this subject and obviously no violation. 6e. Defendant denies this allegation and states that the Okeechobee County Chamber of Commerce, Inc. has continually hosted the Speckled Perch Festival and Parade for 42 years; the Labor Day Festival for 42 years (the parade and rodeo have NEVER been under the direction of the Chamber) and the Chamber made preparations to host the 21St Annual Lighted Christmas Parade and Festival by mailing out applications, etc. during the summer of 2010 and filed the proper applications to the city for same. The Christmas Parade and Festival was taken out of our hands by one of your Councilmen, who stated this in the Okeechobee News prior to the event, and gave it to Main Street as host. No contact was made with us to gain our approval or see what preparations had already been made. 6f. Defendant denies they have, "by virtue of its failures" abandoned the leased property and our building at 55 South Parrott Avenue, Okeechobee, Florida. We don't believe we have failed anything — we struggled for years and during the aftermath of the devastating hurricanes and canceling of our major fundraisers because of nature's wrath and the closure of many surrounding businesses, these circumstances were above and beyond our control and though we tried and we received no assistance from the City or County (although other organizations received annual funding and assistance), these debts were insurmountable. 7. Defendant states they answered the notice from the City of Okeechobee's legal counsel to the best of their ability and without legal counsel, since they cannot afford same. 8. Defendant states they seek a fair and equitable decision as to which a judgment in eviction and removal from the City of Okeechobee's land is appropriate. 9. Defendant has no money available and respectfully ask that each party pay their own expenses for this action. WHEREFORE, the Defendant respectfully asks the Court to render its fair and just decision ; and let each party pay their own court costs and attorney fees that have been incurred. SUBMITTED this day of January, 2011. OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. (corporate seal) Brenda T. Appleton, Registered Agent Bo rd of Directors 55 South Parrott Avenue N / Okeechobee, Florida 34972 &�' Economic Development Organization Report Business Development Board of Okeechobee January 11, 2011 Overview The Business Development Board of Okeechobee (BDB) is a division of Okeechobee Main Street (OMS), and receives funding from both Okeechobee County and the City of Okeechobee. This report is submitted in accordance with Sections 125.045, and 166.021 of the Florida Statutes. The format of this report is as requested by the Florida Legislature's Office of Economic and Demographic Research (EDR). The time period included spans from the creation of the organization in 2009 to December 31, 2010. Fund raising began in 2009, and a staff member was hired starting September 1, 2009. For county governments, Section 125.045 of the Florida Statutes requires economic development agencies, organizations or entities (commonly referred to as an EDO) that have a contract with the governing body of a county (or an entity engaged in economic development on the county's behalf) and receives county funds to submit a report to the county detailing how the county funds were spent and the results of the EDO's efforts on behalf of the county. This report must be filed with the county who, in turn, is required to file a copy of the report with the Office of Economic and Demographic Research (EDR) by January 15 th of each year and post a copy on the county's website. For municipalities, Section 166.021 of the Florida Statutes requires economic development agencies or entities (EDO's) that have a contract with the governing body of a municipality (or an entity engaged in economic development on the municipality's behalf) and receives funds from the municipality, to submit a report to the municipality detailing how the funds were spent and the results of the EDO's efforts on behalf of the municipality. This report must be filed with the municipality who, in turn, is required to file a copy of the report with EDR by January 15th of each year and post a copy on the municipality's website. Any questions or comments related to this report should be directed to the BDB using the contact information below. Economic Development Organization name and contact information Business Development Board of Okeechobee A Division of Okeechobee Main Street 315 NW 4T" Avenue Okeechobee, FL 34223 (863) 467-6246 Brian@OkeechobeeBusiness.com The name of the local government the EDO has a contract with Okeechobee County City of Okeechobee The amount of funds received from the local government From Okeechobee County: 2010 Funding Received 08/30/2009 $75,000 2011 Funding Received 11/19/2010 $27,300 (Anticipate Receiving additional $27,300 on 4/1/2011 to fulfill balance of 2011 funding) From City of Okeechobee: 2010 Funding Received 10/01/2009 $15,000 2011 Funding Received 11/01/2010 $5,000 The amount of funds received from private investors $33,500 Administrative costs of the EDO $70,600 The number of businesses assisted by the EDO and the type of assistance provided. 188 businesses assisted with customized assistance which includes: • Site Selection • Permitting and Licensing • Job Training • Incentives Education and Referral (Federal or State) • Technical Assistance General assistance was also provided which includes: • Demographics and Market Research Workforce Assistance — recruitment, screening and placement of new employees • Strategic Planning Assistance • Forums and Workshops The capital investment of businesses who have been assisted by the EDO. $7.3 million The foreign investment of businesses who have been assisted by the EDO. N.A. The number of new direct jobs as a result of a business being moved into the area or expanding in the area due to the assistance of the EDO. 126 new direct jobs 2 The number of these jobs retained and the length of the job retention. N.A. Projects assisted by the BDB involved job creation only. The type of incentives and the amount of incentives that the EDO has successfully assisted businesses in receiving. $232,000 in Enterprise Zone Tax Refunds Any additional information that would show an economic benefit to the local government as a result of the efforts of the EDO. BDB staff has reached out to economic development partners including Enterprise Florida, the Florida Economic Development Council, the International Economic Development Council, Florida's Heartland Rural Economic Development Initiative, Florida's Research Coast Economic Development Consortium, Central Florida Regional Planning Council, Indian River State College, and Florida Atlantic University to advance the economic development interests of Okeechobee. BDB staff has also reached out to key industry organizations including the South Florida Manufacturers Association, the Council for Supply Chain Management Professionals, and the National Association of Industrial and Office Properties to promote Okeechobee as a business destination. Relationships have also been developed with local partner organizations such as the Economic Council of Okeechobee, the Tourism Development Council and Okeechobee County Airport as well as other local organizations. 3 MEMORANDUM To: Brian Whitehall, City Administrator From: India Riedel, Finance Dept. RE: Revenue & Expenses — 4 months General Fund operating Date: February 81", 2011 Rev_ Ad Valorem Tax receipts are 8% less than year l neatemthis s with the largest should be tracking at about 4%. Other revenue difference; Building permits & fees ($40,832) and Utility Tax ($10,076). The permits and fees have decreased as new construction seems to continue to flatten. The overall difference in receipted revenues from last year to this year so far is 9% or $170,000 decrease. Expenditures* Fiscal year to date expenses are 1% higher than this time last year. This is a good number considering the increase cost uespension of o rreview the contributions needs and and gasoline cost. Each department cont expend accordingly. *Charts and graphs attached for review City of Okeechobee Prepared by: India, Finance Dept Date: Feb 8, 2011 �` m October through January o Comparison of Last year major revenues to this FY 2011 in the General Fund. * 4 AdValorem Tax Receipts down 8% which is as expected and budgeted. Receipts for the first 4 months of the fiscal year are down from last year by 9%. Percentage of budget receipted from last year to this year is 4% less. % Budget % of Budget % Change from Actual Dollar % Difference Taxes 2010 FY Budget Actual Recvd by 12/09 2011 FY Budget Actual Rcvd by 12/10 Prior year Difference 10-11 Ad Valorem $ 1,890,183 $ 1,341,671 70.98% $ 1,738,569 $ 1,231,939 70.86% 0% $ (109,732) -8% One -cent Sales Surtax $ 463,475 $ 107,921 23.29% $ 485,670 $ 108,278 22.29% -1% $ 357 0% Utility Tax -Electric $ 360,700 $ 112,547 31.20% $ 395,010 $ 102,471 25.94% -5% $ (10,076) -9% Utiity Tax -Propane $ 27,729 $ 5,752 20.74% $ 24,003 $ 6,046 25.19% 4% $ 294 5% Communications Service Tax $ 312,967 $ 69,937 22.35% $ 270,129 $ 66,709 24.70% 2% $ (3,228) -5% Local Business Tax $ 42,856 $ 18,050 42.12% $ 47,141 $ 14,880 31.56% -11% $ (3,170) -18% Public Service Fee $ 13,500 $ 208 1.54% $ 13,250 $ 1,571 11.86% 10% $ 1,363 655% Building Permits & Fees $ 97,000 $ 56,918 58.68% $ 197,000 $ 16,086 8.17% -51% $ (40,832) -72% Exception & Zoning Fees $ 15,500 $ 4,948 31.92% $ 10,150 $ 1,339 13.19% -19% $ (3,609) -73% Plan Review Fees $ 22,253 $ 6,617 29.74% $ 14,277 $ 1,222 8.56% -21% $ (5,395) -82% Franchise -Electric $ 402,951 $ 85,759 21.28% $ 402,951 $ 98,909 24.55% 3% $ 13,150 15% Franchise -Solid Waste $ 67,009 $ 10,810 16.13% $ 84,580 $ 17,394 20.57% 4% $ 6,584 61% State Revenue Sharing (Cig Tax) $ 181,642 $ 63,462 34.94% $ 181,660 $ 63,527 34.97% 0% $ 65 0% Mobile Home License $ 28,637 $ 17,708 61.84% $ 26,000 $ 17,294 66.52% 5% $ (414) -2% Alcoholic Beverage Lic $ 4,850 $ 1 0.02% $ 4,850 $ 397 8.19% 8% $ 396 39600% Local Gov't 1/2 cent Sales Tax $ 229,957 $ 60,992 26.52% $ 249,610 $ 59,938 24.01% -3% $ (1,054) -2% Shared Occupational Licenses $ 3,701 $ 1,786 48.26% $ 3,701 $ 2,253 60.88% 13% $ 467 26% DOT Hwy Maintenance Contract $ 21,003 $ 5,250 25.00% $ 21,003 $ 5,250 25.00% 0% $ - 100% Dot Maint. Lights & Lights Contract $ 16,817 $ 1 0.01% $ 20,060 $ 1 0.00% 0% $ - 0% Court Fines $ 19,500 $ 5,044 25.87% $ 19,500 $ 4,058 20.81% -5% $ (986) -20% Radio Communication Fees $ 7,841 $ 2,521 32.15% $ 7,841 $ 1,600 20.41% -12% $ (921) -37% Law Enf Education $ 1,700 $ 741 43.59% $ 1,800 $ 600 33.33% -10% $ (141) -19% Investigation cost Reimbursement $ 1,000 $ 261 26.10% $ 750 $ 236 31.47% 5% $ (25) -10% Ordinance Violation Fines $ 100 $ 722 722.00% $ 250 $ 120 48.00% -674% $ (602) -83% Interest Earnings $ 20,000 $ 816 4.08% $ 2,000 $ 375 18.75% 15% $ (441) -54% Miscellaneous $ 2,000 $ 14,325 716.25% $ 2,000 $ 2,258 112.90% -603% $ (12,067) -84% Code Enforcement Fine $ 500 $ 1 0.20% $ 500 $ 1 0.20% 0% $ - 0% Police Accident Reports $ 500 $ 359 71.80% $ 500 $ 369 73.80% 2% $ 10 3% TOTALS $ 4,255,871 $ 1,995,128 46.88% $ 4,224,755 $ 1,825,121 43.20% -4% $ , (170,007) -9% City of Okeechobee Prepared by: India, Finance Dept Date: 02/02/11 Oct through Jan Year to date comparable expenses of prior fiscal year (2010) to current fiscal year (2011). Difference in dollars, $22,210 or 1 % more than last year expended through January of each fiscal year. Expenditures Per Dept Legislative Executive Financial Services Legal Counsel General Services Law Enforcement Fire Protection Road and Street Clerk TOTALS y'Y; Beg. 2010 2010 YTD % Expended of 2011 YTD % Expended of Actual Dollar % Difference Budget Expended Budget 2011 Budget Expended Budget Difference 10 to 11 $ 119,441 $ 44,102 36.92% $ 103,374 $ 38,217 36.97% $ (5,885) -13% $ 166,818 $ 52,717 31.60% $ 158,452 $ 53,888 34.01% $ 1,171 2% $ 201,992 $ 53,331 26.40% $ 201,288 $ 54,023 26.84% $ 692 1 % $ 75,732 $ 15,562 20.55% $ 70,461 $ 14,948 21.21% $ (614) -4% $ 458,705 $ 110,980 24.19% $ 476,538 $ 70,012 14.69% $ (40,968) -37% $ 1,824,744 $ 560,424 30.71% $ 1,847,171 $ 585,612 31.70% $ 25,188 4% $ 1,232,425 $ 380,228 30.85% $ 1,255,849 $ 375,688 29.92% $ (4,540) -1 % $ 1,022,391 $ 289,553 28.32% $ 1,016,462 $ 332,106 32.67% $ 42,553 15% $ 176,391 $ 53,948 30.58% $ 182,879 $ 58,561 32.02% $ 4,613 9% $ 5,278,639 $ 1,560,845 29.57% $ 5,312,474 $ 1,583,055 29.80% $ 22,210 1 % t _KZ MEMORANDUM To: Brian Whitehall, City Administrator From: India Riedel, Finance Dept. RE: Business Tax Receipts/Business 2011 Date: February 9th, 2011 1,151 renewal notices for Business Tax Receipts were sent out in July to be paid by 09/30. Of those who did not renew, 206 notices were sent as a reminder of monies still due. Of those 206; 48 paid, 10 notified us they had closed their business and 43 are insurance companies. Leaving 105 BTR's still delinquent. Those remaining businesses not paying on or before 02/28/11 will have an additional penalty of $250.00 added to their already delinquent tax. Our current BTR application log (2/9/11) lists 3 recently paid new business, 2 businesses were sent approval letters, 1 given a citation for non-compliance of building inspector, and the remaining 3 are in the initial stages of the inspection process. For comparison purposes, attached is a Fiscal Year to Date chart since 2005 listing new businesses within the city on top and the closed businesses on the bottom. MEMORANDUM To: Brian Whitehall, City Administrator From: India Riedel, Finance Dept. RE: Revenue Forecasting -My summarization Date: February loth, 2011 Florida's population growth is a direct collation with it's economy in that it fuels both employment and income growth. The increase in our r population ulto mo e typical incremental anen d declined in 2009-10 and is forecast to have a slow levels. The subsequent turnaround of the housing market in Florida will be; low home prices, the long-range demand based on an increase in the population, and of course Florida's demographics & aging baby -boom generation. State's estimate of taxable values for all 67 counties list a decrease 013 &1s coming year of 2014 budget years. 1.44%, however thereafter an increase of 2.3 and 4.2 /o for th The State's estimate for Okeechobee County specifically, is a decrease this year of 3% and a 1.6 and 3.9% increase for the immediate subsequent years. With the City's limited geographic area for growth, significant new construction will what the Stateand therefor this next years taxable values will see a sharper decrease s county projection is. Unofficial numbers for the City will be around an 8 % decrease. Using historical data through 2010 and projecting for the next several years, the Estimating Conference believe that the FL economy is on an upswing based on the numbers in their report for General Revenue of state funds. One of the biggest components of the GR is of course the Sales and Use Tax which constitutes the last 3dyea% of the revenues. As we know the Sales and Use Tax has decreased ove2011 forward is being forecast at an incline of 6.5% or more each year for the next 3 years, with FY 13-14 exceeding Florida's all time high of FY 05-06 (prior to recession). The collection of all other revenues within the General Revenue Fund is also expected to follow the same trend. The City should see the flow of these entally from the state as well. 1 FL Economic Overview -Jan 14, 2011Dec 3�d 2010 2 Ad Valorem Estimating Conference, , 1 FL Revenue Estimating Conference -Long -Term Revenue Analysis through 2019-20 ail Independent Inspections, Ltd. W241 S4135 Pine Hollow Court Waukesha, WI 53189 January 21, 2011 Brian Whitehall, City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 E-mail Transmittal: bwhitehall@cityofokeechobee.com Re: Notice of Contract Termination, City of Okeechobee Dear Brian: Due to the recession that has led to an extremely long term slow down in construction permits and related revenue, IIL is giving our 60 days notice of contract termination. While we would like to continue working for the City, in order to do that, we need to reduce the hours/number of days we provide service to Monday and Wednesday and have the fee increase approved. In speaking with Ray Schaub, the church is the only large project that is pending to start construction in the next few months. With the permit fees paid to IIL averaging $3,500/month over the last 6 months and our costs for supplying the Building Official at double that rate, we cannot continue losing money. If you have any insights to different approaches that can be cost effective, I would like to discuss them with you and negotiate a new contract. We do not like to turn business away, yet we just can't afford to continue on with the current contract and economic conditions. Our last day for office hours and to issue permits will be March 7, 2011 (60 days from sending the fee increase letter). We will perform all requested inspections for the permits we have issued until the projects are finaled or expired. We also need to reduce the office hours to Monday and Wednesday effective February 1, 2011. If there are inspections that need to be done on a Friday, we will send John Daum. Call me with any questions. I hope we can find a workable solution for both of us, but if not, it has been a pleasure working with you. Sincerely, a Thomas DeLacy, President INDEPENDENT INSPECTIONS, LTD. c: Connie Watt, Vice President, IIL Tom Forbes, Director of Florida Services, IIL Ray Schaub, Building Official, IIL File TDL/gg Phone 262-544-8280 Phone 1-800-422-5220 Fax 262-544-8299 Waukesha Office www.independentinspections.com Waukesha Office 2011 OPD Training Week Feb. 21-25, 2011 2011 Annual Firearms Requals and Night Fire (Scheduled for Thursday and Friday, Feb. 24 & 25, 2011) (Four Sessions- 2 sessions each day) Trainin6 Outline (t-t3-lljpz) Ni CLASSROOM: 8:00am-9:20am (Afternoon 1:00pm-2:20pm) Officer Use -of -Force Training: (50 min) -Scenario-based Firearms Training (see 6 Round Shotgun Course of Fire below) -Physiological Response Dynamics training (Training Video) (15 min) -Less Lethal Force Options with the Agency (5 min) -Agency Policies on Use -of -Force Training (20 min) -Legal Aspects regarding Use -of -Force Training (10 min) 8:50am-9:00am BREAK -Review of following Sections of OPD Operations Manual: (20 min) These are Our Values / Police Code of Ethics (10 min) Intra-Departmental Communications (10 min) Conduct, Duties, and Responsibilities Toward the General Public 9:20am-9:30am BREAK ON RANGE: 9:30am-12:00pm (Afternoon 2:30pm-5:00pm) -Firearms Inspections and filling out paperwork -40 Round FDLE Course of Fire -Shotgun inspections -6 Round Shotgun Course of Fire (Scenario -based firearms training) Night Fire Course (Thursday and Friday evenings 7pm-9pm) -Review of Safety Matters -25 round Night Fire Course of Fire (one officer at a time) Approved : pp b Y Date: A ! OCPD Night Fire 25 Round Course (1-7-1 L•jpz) Stage 1: 3 yard line, NO Flashlight-- 2 rounds in 2 seconds from holster 2 rounds in 2 seconds from low ready Stage 2: 5 yard line, NO Flashlight- 2 rounds in 4 seconds after stepping to left From holster 2 rounds in 4 seconds after stepping to right From holster Stage 3: 7 yard line, WITH Flashlight--- 2 rounds in 5 seconds from holster 2 rounds in 5 seconds from holster 2 rounds from low ready Stage 4: 7 yard line, WITH Flashlight--- 6 rounds in 30 seconds from holster Must perform reload after 1" round and before 6th round Stage 5: 15 yard line, WITH Flashlight-- 5 rounds in 30 seconds from holster With use of cover Approved by: Date: //-/3 -'// OCPD Shotgun 6 Round Course (1-13-1 Ljpz) Stage 1: 15 yard line, Officer is advised of possible threat involving use or threatened use of deadly force. Officer removes Cruiser -ready shotgun from patrol car. Using patrol vehicle as cover, Officer loads live round into shotgun firing chamber leaving the weapon on safe. Officer visually checks his/her surroundings assessing the situation. Stage 2: 15 yard line, Officer receives (simulated) fire- Officer identifies and engages Target (fires 2 rounds). Officer's position of cover is compromised- Officer must move- and does safely move to a secondary position utilizing partial concealment (but no cover) on the 7 yard line. Stage 3: 7 yard line, On arriving at secondary position the Officer continues to receive fire -Officer returns fire (2 rounds). Target disengages from the Officer and engages an innocent civilian threatening imminent use of deadly force. Stage 4: 7 yard line to the 5 yard line, Officer sees Target engage the innocent civilian threatening imminent use of deadly force (sees Target bringing weapon to bear on innocent civilian). Officer actively engages Target and while safely moving from the 7 yard line to the 5 yard line fires shotgun at Target (2 rounds) at which time the shotgun ceases to function and goes dry (empty). Officer immediately transitions from shotgun to handgun (properly slings shotgun) and engages Target with handgun /primary duty weapon and simulates firing duty weapon (simulation). Course Approved by: Date: From: JOHN PAUL ZEIGLER To: ROBERT PETERSON; CHARLES GREEN; TERISA GARCIA; TAMMY HOUSTON; root; TOM TARNER; RUSS CALE; PHILLIP EDDINGS; ... Subject: Reference: OCPD 2011 Training Week, February 21-25th, OPD BBQ on Sat. Feb,.26th...... Date: 1-7-2011 To: Entire Agency (Okeechobee City Police Department) From: Det. John Zeigler Ref: OCPD 2011 Training Week scheduled for February 21 thru 25th, 2011--followed by an OPD BBQ on Sat. Feb.26th, 2011. Location: IRSC Riring Range / Classroom (Okeechobee) Below is the approved training schedule for a Training Week that has been scheduled for the week of February 21 thru 25 (and 26), 2011. Attendance at these scheduled courses (with the exception of the patrol rifle course) is mandatory. The training sessions will start right on the hour and there is much material to cover so it is important that everyone be on time. Training activities during the Annual firearms requals (Thursday and Friday) will include qualification with duty and off -duty weapons, including a Shotgun Course of Fire. Also there will be class time covering Officer Use -of - Force Training incuding Scenario -based Firearms Training, Physiological Response Dynamics Training (video) Less -lethal force options within the agency, Agency policies on Use of Force Training, and Legal Aspects regarding Use -of -Force training. 2011 TRAINING WEEK TRAINING SCHEDULE FEB.21-25, 2011: ******************************************************************** Monday, Feb.21- 1:00pm to 5:00pm (4 hrs) Defensive Tactics (attend one session only) (Instructors/Pickering and Green) 6:00pm to 10:00pm (4 hrs) Defensive Tactics (attend one session only) (Instructors/Pickering and Green) Tuesday, Feb. 22- 8:00am to 5:00pm (8 hrs) Patrol Rifle Course / Patrol Rifle Course of Fire (Instructors/Tarner and Bernst) (attend one session only) 7:00pm to 9:00pm (2 hrs) Crime Scene Procedures (Instructor/Saum) (attend one sesssion only) Wednesday, Feb.23- 8:00am to 5:00pm (8 hrs) Patrol Rifle Course / Patrol Rifle Course of Fire (Instructors/Tarner and Bernst) (attend one session only) 7:00pm to 9:00pm (2 hrs) Crime Scene Procedures (Instructor/Saum) (attend one sesssion only) Thursday, Feb. 24- 8:00am to 12:00pm (4 hrs) Annual Firearms Requals (attend one session only) (Instructors/Zeigler and Boon) 1:OOpm to 5:OOpm (4 hrs) Annual Firearms Requals (attend one session only) (Instructors/Zeigler and Boon) 7:OOpm to 9:OOpm (2 hrs) Night Fire Exercises (attend one session only) (Instructors/Tarner, Bernst, Zeigler, Boon Friday, Feb. 25- 8:00am to 12:OOpm (4 hrs) Annual Firearms Requals (attend one session only) (Instructors/Zeigler and Boon) 1:OOpm to 5:OOpm (4 hrs) Annual Firearms Requals (attend one session only) (Instructors/Zeigler and Boon) 7:OOpm to 9:OOpm (2 hrs) Night Fire Exercises (attend one session only) (Instructors/Tarner, Bernst, Zeigler, Boon Saturday, Feb. 26- OCPD BBQ at the IRSC Firing Range / Classroom !±!!!!!!! Time- To be announced ******************************************************************** REMEMBER- Officer Safety at all times- and especially on the range. If you have any questions please feel free to contact either Sgt. Tarner, Sgt. Bernnt, or myself. Detective John Zeigler Training Coordinator 1 /1 1 /7(11 1 PA(iP 7 of 7 YU1` own any ri way`lri' "tfl day ,tltiv for appointments, at all times of the day 9 to see illboard advertisementsfiti�= o the density problem, many of the clin- tztln " .gans s "Got Pain?" Over the ics operates pill mills, causing parking spillover past sl" lea "oridiane been inundated with into adjacent' i lading residential neighborhoods. .,. many similar tel nd ptiif advertisements. These The burden d ;enforcement to ensure public safety ads are directed to. egal interstate"and;intrastate in areas where pill "1 is are located has also significantly markets seeking con trb% ance prescription cltUp in increased. City officials in Broward County claim that there Florida. Unfortunately,t�fe has attained the dubious is a spike in the number of phone calls from concerned nationwide reputation of 1 a haven for people seeking residents to local law enforcement regarding areas where to illegally obtain large quantities of prescription drugs pill rriills are present. One of those small cities in Broward from pain clinics. County attributes one homicide, 714 arrests, 95 vehicles seized, and an overall increase in street -level prescription The Problem with Pain Clinics Disreputable pain clinics, or pill mills, don't operate in the traditional manner of medical offices or clinics. In nor- mal clinic facilities, assessment or diagnosis is conducted on -site, but patients are required to fill prescriptions at a licensed pharmacy in another location. However, pill mills conduct both the diagnosis and the prescription filling at the same location. The proliferation of pill mills in heavily populated urban areas has created public health and safety problems for city residents. Broward County has had such an increase in pill mills that it convened a special grand jury to study the prob- lem in South Florida. Among other troubling statistics, the grand jury reported that in less than two years the number of pain clinics in the area rose from four to 175. Major problems have arisen along with the rapidly rising number of pill mills. Clients seeking pain medications often line up drug trafficking, burglaries, robberies, identity theft, loiter- ing, littering and other nuisances to the large number of pain clinics within the city's limits. However, the problem of pain clinics goes beyond city limits. Statistics presented by the Florida Medical Examin- ers Commission point out that pill mills are also a public health problem of massive proportions for the entire state. In 2009, there were 8,653 drug -related deaths in Florida. Of those deaths, 79 percent involved prescription drugs such as Oxycodone, Xanax and Valium. Oxycodone is reported as the deadliest drug in Hendry, Lee, Glades and Collier coun- ties. The most staggering statistic from the Florida Medi- cal Examiners Commission report is that every day, seven Floridians die of prescription drug overdose. This statistic doesn't even reflect the deaths of people in other states that are related to prescription drugs obtained illegally through Florida's pill mills. 30 Florida League of Cities PHOTOOISTOCKPHOTO.COWAMENA BRESCIA Finding a Solution The Florida Legislature sought to address this epidemic during its 2010 legislative session by passing legislation to regulate the operation of pill mills and create a computer tracking database. The bill received unanimous legislative approval. However, several snags in putting the pill -mills laws into effect have caused many advocates of the law to question when there will be an end to the pains caused by these clinics. Legal Challenges The app Shortly after its passage in May h 2010, doctor advocacy groups t orough warned that the new pill -mills law was overly broad and that a lawsuit x end the would be forthcoming. In Septem- ber, a Florida company that oper- ,,K' J ates several pill mills filed a lawsuit we dequate in federal court claiming that the two owners' constitutional rights daa`d' were violated by the new laws. The lawsuit contends that the regulations violate their First Amendment rights elements by placing constraints on the manner in which pill mills may advertise. down h While some advocates of the law scoff at the notion that it violates mills i n d u free speech, if a court found the law bt to be in violation of the First Amend- ment, it would face strict scrutiny under the judicial review standards. Ironically, the company's legal challenge has also been stalled for the moment because there is no actual live case or controversy for the court to consider. Once regula- tions are actually imposed, the suit would then become a live controversy that would allow the owners' case to proceed. Database Funding In addition to regulation, the 2010 pill -mills legislation also required the development of a computer database. The new law requires that Florida create and maintain a database where prescription -drug dispensers would be required to log every prescription for certain pain drugs. This provision would allow doctors and law enforcement officials to track patients engaging in "doctor shopping." For example, a doctor in Orange County would be able to determine that pain medication had already been prescribed to "Patient John Doe" in nearby Seminole County and could alert law enforcement officials of the illegal behavior. This would also act as an investigative tool to allow for faster capture of criminals engaging in doctor shopping. The op- erational cost of the database is estimated to be $500,000 in the first year and then at least $350,000 to keep it running through June 2011. The cost for creation and operation of the database is more disturbing news for state legislators during a year in which budget deficits have been estimated at around $3.5 billion. fundi More Legal Challenges In order to implement the computer database requirement, the state put out bid requests. The contract to build the da- tabase was won by an Alabama -based company. However, shortly after the award was announced, a lawsuit was filed by an Ohio -based competitor, challenging the process by which the contract winner was determined. If the presiding judge were to grant an injunction motion to stay the building of the database until the matter is resolved, -ova I of the court battle could also place an indefinite stall on the creation of a much -needed tool in the regulation �g�uations of prescription drug abuse. Officials have been hard at work >Qf an looking to raise the necessary funds a from private donors such as phar- s; maceutical firms and other various }omp .er Florida companies and foundations. �- The Governor's Office of Drug •e the kiayl Control has previously reported that $500,000 in grants has already been obtained. Shutting Two solutions have been of- fered by the Florida Society of Pain Ilegal pill- Management, a group representing Florida's pain clinics. The society has t in Fproposed that the Legislature impose lorida. a one-half cent surcharge on each filled prescription or a fee, both to be paid by pain clinics. That cost could ultimately be passed down to all pain -clinic patients. A second solution offered up by the group to cover the costs of the computer database would be for the state to apply to receive federal funding. However, in order to qualify for matching dollars, the Legislature would have to approve two additional report- ing changes to the pill -mills law. Currently, pain clinics are allowed 15 days to report the filling of each prescription. To receive federal funds, that reporting window would have to be narrowed to seven or fewer days. Second, Florida law would have to be amended to provide a requirement that the information from the computer database shall be shared with other states. This information sharing will fur- ther enhance law enforcement's capability to cut down on interstate drug trafficking. Agency Rulemaking Authority A new law regarding agency rulemaking is another one of the reasons for Florida's continued lag in imposing regu- lation. During the November 16, 2010, special legislative session, the Legislature overrode Gov. Charlie Crist's veto of House Bill 1565, a law relating to the authority of state agencies to develop certain rules. HB 1565 provides that any new agency rules that have a fiscal impact of more than $1 million over five years must be approved by the Legislature. Florida's new pill -mill rules were developed by the Florida Department of Health and drafted by the Florida Society Continued on page 33. PHOTOCISTOCKPHOTO.COWDAN TODD Quality Cities — January/February 2011 31 i7=Z Lj : ; policy throughout the Florida statutes. Unfortunate<,to committee determined that while Florida had a nulaudable energy "goals" in place, there was not a co.hensive and cohesive energy policy for the state. To furthe xacerbate the problem, due to the lagging state economy ost of these energy -related grants, loans and program: w e not funded by the 2010 Legislature. The Legislatur( als failed to ratify the Public Service Commission-proposec rene able portfolio standard, so currently there is no re- quire ent that a minimum amount of renewable energy be used b utilities in Florida. The s to has taken positive action in two areas relating to energy. irst, with the help of a federal grant program, Florida cre ted the Energy Star Appliance Rebate Program, which hand out $17 million in rebates to offset the pur- chase price o ew, energy -efficient appliances. Second, the 2010 Legislatu e expanded the provisions of a law dealing with an expedit permitting process for renewable energy, biofuel facilities nd feedstock production. The new law enhances coordin tion between state agencies and local governments, shou the local government elect to utilize the expedited perm ting process, and consolidates the administrative hea -in rocess related to the siting of such facilities. There is little i formation available at this time as to how this expediteditting for the siting of renewable energy facilities is workin The absence of a concis and comprehensive statewide energy policy sends mixed si als to investors looking to en- hance alternative and clean en rgy opportunities in Florida. Meanwhile, cities across the ate have moved forward. Many cities have adopted poll ies encouraging "green" building in both the publicand pri to sectors, implementing transit -oriented development polic s, increasing the use of alternative and clean energy sources, nd offering incentives to green industries that want to loca within a municipal boundary. Cities are sending clear signa to the marketplace that they are willing and able to mak a commitment to encourage the growth of industry and jo s related to these new energy sources. What is also clear is that businesses an investors are keenly interested in economic development r ated to green technologies. At the national level, venture ca italists sank $740 million into biofuel firms in 2006, compa ed to $111 million in 200S. The broader advanced energy chnology sector attracted $2.9 billion in venture capital n 2006, outstripping even federal appropriations of $2.7 b lion in fiscal year 2008. Investors in alternative energy sources have a uniq op- portunity as the industry develops in Florida. The Flo ida Legislature must send clear signals to the marketpl ce that it is making a firm commitment to encouraging thee energy sources and the accompanying growth in jobs andtechnologies. Scott Dudley is associate director of legislative affairs for the Florida League of Cities. f Pill Mill - Continued from —OTn erventional Pain Physicians over an 18-month period. The rules were scheduled to go into effect for most clinics on November 28, 2010, but did not because of FIB 1S65 and its new requirements. At a December 3, 2010, meeting, the Florida Board of Medicine was forced to delay the rules implementation until after an enhanced economical analysis of the rule has been completed. The rules must also meet the approval of a new agency created by Gov. Rick Scott. Just moments after his inauguration on January 4, 2011, Scott signed Executive Order No. 11-01 creating the Office of Fis- cal Accountability and Regulatory Reform. The order also immediately suspends all rulemaking for any agencies under the governor's executive authority. The effect of the order places the newly created agency on a very tight deadline. The Legislature will only be able to take up the rules during its upcoming session if they are approved by Scott's office by February 4, 2011. If the governor's office fails to meet that deadline, enacting pill -mills regulation would likely be delayed until 2012. S e Relief for Cities veral Florida cities have taken matters into their own hand by passing various types of city ordinances to restrict Pill mi operations. Pursuant to their home -rule powers, some cit shave enacted ordinances that confine pain clinic operation ours, restrict drug offenders from owning or operating p in clinics, and mandate the number of parking spaces based n the square footage of the building. While these regulatio s can be effective in discouraging the boom in the number o pill mills opened, diverse city ordinances do not provide st dardized regulation or enforcement. Advocacy Efforts The likelihood tha Florida will catch up to the rest of the nation in pill -mills r ulation before March 2011 looks increasingly bleak. Unfor nately, pill mills will continue to operate their businesses as sual, without any licensure or other state regulation. The Florida League of Ci -es will continue to stay in contact with potential bill spo ors in the Legislature and advocate on the importance of pa ing meaningful pill -mills regulation reform. The approval thorough regulations and the funding of an adequate co uter database are the key elements to shutting down the ille al pill -mills industry in Florida. However, each city leader i needed to call on Florida's Legislature to provide the anti to for addressing this statewide epidemic and to put an en o the pain that these clinics cause Florida's cities. Visit the League's Web site at www. flcities.cm for con- :inued updates on pill mills in Florida. \\ Cenneth D. Pratt is a legislative advocate for the ,eague of Cities. (OPPOSITE PAGE) PHOTOOISTOCKPHOTO.COM/STEPHEN STRADTHOEE Quality Cities — January/February 2011 33 City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhitehall(i�gityofokeechobee.com F^ ****Memorandum* T Date: Feb 14, 2011 TO: Mayor & City Council, Finance FR: Admin Brian Wh RE: Bus Dev Board Contribution During the budget process, the City approved a 5000 contribution to Main Street for the business development initiative and in October it was distributed and made payable to the Business Development Board. A few weeks ago, in light of the new Chamber of Commerce and Business Devel Board relationship, India and I discussed the appropriate documentation necessary to reflect that the City's contribution was allocated accordingly. I spoke to Terry Burroughs about it and he forwarded the information on 2/1/11, which included a copy of the minutes of 1/18/11 Main Street meeting minutes, excerpt as follows: Maureen discussed the Joint OKMS/Chamber Meeting scheduled for January 26 at IRSC. It was noted that everyone needs to RSVP to Brian. Main Street will have copies of minutes and finances on a table but will not go through a discussion of them. Kathleen asked if the BDB needs to be released formally with a vote from the general membership or can the Board make that recommendation and vote on it? A motion was made by Phyllis to release the BDB Committee and funds effective January 1, 2011, from under the Main Street umbrella and moved to the newly formed Business Development Board of Okeechobee County, Inc. dba/Chamber of Commerce of Okeechobee County. The motion was seconded by Shelly. J.D. abstained from voting. Motion passed. It was suggested that J.D. remain chair of the Economic Restructuring Committee. J.D. is also the Chamber President -Elect. Further, a 2/1/11 letter explaining the relationship between the Business Development Board and the Chamber of Commerce of Okeechobee Co is attached. In my estimation, this documentation is adequate to serve as evidence that the spirit of the contribution is met. If you have a different opinion please advise. 1 .'aL,e I t7 3u�i rx€ �s Ilrve �r�aen€ r'�t f#oard of Okeechobee February 1, 2011 Brian Whitehall City Administrator City of Okeechobee Mr. Whitehall, Cha 'ber of Commerce a eec6okee Goan% As of January 1, 2011, The Business Development Board of Okeechobee County, Inc was formed to continue the work of economic development in Okeechobee County. In addition, the new corporation will be doing business as the Chamber of Commerce of Okeechobee County to begin servicing the business community. The Business Development committee that was originally formed under Okeechobee Main Street, Inc. has been moved to the organizational structure of the new corporation. The members of that committee will continue to act on the behalf of the City regarding any matters associated with economic development. Vic Lancaster, Glades Electric, will be acting as the chairman of the committee. Brian Cartland, Executive Director will continue his role as the economic development executive in the new corporation. For your convenience, I have included an organizational chart outlining the various committees. All monies as well as committee members have been authorized by the Okeechobee Main Street, Inc. Board of Directors to be moved to the new corporation. I have attached a copy of the recent Okeechobee Main Street Board of Directors minutes reflecting this action. The intent of the new organization is to continue to seek business opportunities to relocate to our community to assist with providing jobs to our citizens and to increase the tax base for our community. The new Chamber will be located at 315 NW 4`h Ave on a temporary basis and we will have volunteers supporting the community in the management of the Chamber. If you should have any questions, please feel free to call me at (863) 697-6325. Sincerely Yours, p Clvivc�. �uuatuJ.fia Terry Burroughs President Chamber of Commerce of Okeechobee County