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2012-03-20CITY OF OKEECHOBEE MARCH 20, 2012 REGULAR CITY COUNCIL MEETING AGENDA I. CALL TO ORDER - Mayor: March 20, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Edward Weiss, Church of Our Saviour; Pledge of Allegiance to be led by the Girl Scouts. 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 Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Award of Valor presented to Code Beasley, Brandon Smith, and Travis Mauldin. SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the March 20, 2012, Regular City Council Meeting to order at 6:02 p.m. The invocation was offered by the Reverend Edward Weiss, D.D., of the Church of Our Saviour; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Absent Present Present Present Present Present Present Absent Present Present Present Three local youths of our community were asked to attend the meeting in order for the City to honor them for their heroic actions, where they saved the life of another person. Mr. Cody Beasley, Mr. Travis Mauldin and Mr. Brandon Smith, were each presented, a "Valor Award." Mayor Kirk reiterated the events that took place on August 17, 2010 at the Ft. Pierce inlet, praising their efforts in risking their own lives to help a person they did not know, and kept them from drowning. Our youth have always shown such good character, and their actions served to exemplify this even more. The plaques contained the City seal, their name and read, "Honoring your selfless act of valor by risking your life to an extraordinary degree to save the life of others," and included today's date. 1 1 693 MARCH 20, 2012 - REGULAR MEETING - PAGE 2 OF 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Present a Fifteen -Year Longevity Service Award to Tom Tarner. IIImMr. Tom Taer was presented a Certificate of Longevity and award, an engraved mantle clock, in recognition of his fifteen years of service. C. Present a Five -Year Longevity Service Award to Cesar Romero. III Mr. Cesar Romero was presented a Certificate of Longevity and award, an engraved silver pen, in recognition of his five years of service. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 6, 2012 Regular Meeting. March 6, 2012 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2012 Warrant Register General Fund ................................ $403,235.33 Public Facility Improvement Fund ................. $ 16,849.69 CDBG (Housing Rehabilitation) Fund .............. $ 11,167.10 Capital Improvements Project Fund .............. $ 6,641.85 Law Enforcement Special Fund .................. $ 75.00 VII. AGENDA - Mayor. Council Member Watford moved to approve the February 2012 Warrant Register, in the amounts: General Fund, four hundred three thousand, two hundred thirty-five dollars and thirty-three cents ($403,235.33); Public Facility Improvement Fund, sixteen thousand, eight hundred forty-nine dollars and sixty-nine cents ($16,849.69); CDBG (Housing Rehabilitation) Fund, eleven thousand, one hundred sixty-seven dollars and ten cents ($11,167.10); Capital Improvements Project Fund, six thousand, six hundred forty-one dollars and eighty-five cents ($6,641.85); and Law Enforcement Special Fund, seventy-five dollars ($75.00); seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. bq '-' MARCH 20, 2012 - REGULAR MEETING - PAGE 3 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vlll. NEW BUSINESS. A. 1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1082, General Employees/OUA Pension Plan - Pension Attorney Scott Christiansen (Exhibit 1). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to ready proposed Ordinance No. 1082 by title only 2. a) Motion to approve the first reading of proposed Ordinance No 1082. b) Discussion. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1082, amending the City General Employees and OUA Retirement Plan; seconded by Council Member Williams. KIRK - YEA WATFORD - YEA VOTE MAXWELL - ABSENT WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES /N CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1082; seconded by Council Member Williams. Mayor Kirk yielded the floor to Pension Attorney Christiansen, who was present on behalf of all three pension plans to answer questions the Council may have. The proposed ordinances are mostly house keeping items. In response to several questions, Attorney Christiansen explained, the change in the definition of actuary equivalent means, when someone retires they have the defined benefit and that is based on a calculation. They have the option of getting other optional forms of benefits, in other words instead of a life only benefit they can select a 10-year certain of life or they can select a benefit with their spouse. In order to come up with the monthly amounts associated with those various options, and they all have to have the same value, the actuary has to do a calculation. That calculation uses a mortality table and interest rate, which were recently updated. The Pension Actuary is recommending we keep the table and interest rate in the actuary equivalent definition, which means the amount/rates have to be the same as what we are using in the actuarial evaluation. There is also a provision to eliminate the requirement by national or state banks. The police and fire plans eliminated this provision in previous amendments, we believe this was inadvertently left in the general plan a few years ago. Attorney Christiansen offered a few additional explanations regarding the plan and the effects of return of investments based on the limits set out by ordinance, compared to other plans across the State. j 1 MARCH 20, 2012 - REGULAR MEETING - PAGE 4 OF 11 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion to approve the first reading of proposed Ordinance No. 1082. III KIRK - YEA WATFORD - YEA MAXWELL - ABSENT O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only, and set April 3, 2012 as find public Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed hearing date for proposed Ordinance No. 1083, Police Pension Plan Ordinance No. 1083, amending the Police Officers' Retirement Plan; seconded by Council Member Williams. - Pension Attorney Scott Christiansen (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to ready proposed Ordinance No. 1083 by title only. Attorney Cook read proposed Ordinance No. 1083 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 1054; AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN 11 CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1083; seconded by Council 1083. Member Williams. b) Discussion. Pension Attorney Christiansen noted the same definition of actuarial equivalent is included in this proposed ordinance as well as a change in the definition of salary in order to meet the new state requirement based on House Bill 1028. Last year the State Legislature adopted this bill, which has caused some changes and restrictions with regard to the items of salary that can be included for purposes of determining pension benefits. Effective July 1, 2011, the City can no longer include for pension purposes, in the definition of salary, more than 300 hours per year in overtime or any lump sum payments of sick or vacation time. However, we cannot take -away amounts on the books as of July 1, 2011. For example, an employee has 300 hours on the books as of July 1, 2011, and they are not going to retire for another 5 or 10 years. When they ultimately retire, they only have 200 hours, they will receive pension credit for 200 hours. By the same token, the employee had 300 hours as of July 1, 2011, when they ultimately retired they have 400 hours, they would only receive pension credit for up to the 300 hours. These changes will essentially lower the payout from the plan. �0 ` 0 MARCH 20, 2012 - REGULAR MEETING - PAGE 5 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. B. 2. b) Discussion of proposed Ordinance No. 1083 continued. Council Member Williams asked for clarification whether the State adopted a change to the interest rate for the drop program? Attorney Christiansen explained, the change was adopted. However, it only affected the State's Retirement System, not the local plans. c) Vote on motion. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only, and set April 3, 2012 as find public Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed hearing date for proposed Ordinance No. 1084, Firefighters Pension Ordinance No. 1084, amending the Firefighters Retirement Plan; seconded by Council Member Williams. Plan - Pension Attorney Scott Christiansen (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. KIRK - YEA WATFORD - YEA VOTE MAXWELL - ABSENT WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to ready proposed Ordinance No. 1084 by title only. Attorney Cook read proposed Ordinance No. 1084 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 1055, AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN 11 CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. IIIMember Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1084; seconded by Council 1084. Williams. b) Discussion. 111 The same change was proposed for the actuarial equivalent definition in the Fire Plan. c) Vote on motion. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 0 1 MARCH 20, 2012 - REGULAR MEETING - PAGE 6 OF 11 �qq AGENDA III COUNCIL ACTION - DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. D.1. a) Motion to read by title only, and set April 3, 2012 as find public Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed hearing date for proposed Ordinance No, 1085, authorizing the City Ordinance No. 1085, authorizing the City Council to fill vacancies of elected official offices; seconded by Council Council to fill vacancies of elected official offices - City Attorney Member Williams, (Exhibit 4). 11 b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D.1. c) City Attorney to ready proposed Ordinance No. 1085 by title only. Attorney Cook read proposed Ordinance No. 1085 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE 11 CITY COUNCIL, CREATING SECTION 2-39 FILLING OF VACANCIES IN ELECTIVE OFFICES; PROCEDURES; PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Watford moved to approve the first reading of proposed Ordinance No. 1085; seconded by Council 1085. Member Williams. b) Discussion. Exhibit Four included a memorandum from Clerk Gamiotea explaining that while reviewing the election code and current Florida Statutes, she realized that the City only addressed half of the requirement listed in F,S.166.031(6), "Each municipality shalt by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, orremoval from office. Such ordinance orcharferprovision shall also provide procedures fortllling a vacancy in candidacy caused by death, withdrawn, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office." The only explanation she could find, was sometime between 2000 and 2001, when the City was working on the code book overhaul project, the attorney for Municipal Code Corporation noted the City did not have a section in the Elections Chapter addressing the second part of the above statute, therefore Sec. 26-13 was added. This section provides provisions to reopen qualifying week, should there not be sufficient qualified candidates to have an election, due to one of them withdrawing or death. In addition to that change, several editorial changes were made between the Charter and Code Book Chapter 2, Administration, including the creation of Sec. 2-36 "The city council shall fill all vacancies in all city offices which may become vacant by death, removal, resignation or otherwise, " However, this was existing language in the Charter as well and is tied to the City's obligation to fill department head type offices, not elected official offices. t q � MARCH 20, 2012 - REGULAR MEETING - PAGE 7 OF 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. D. 2. b) Discussion of proposed Ordinance No. 1085 continued. She's researched how several other cities addressed the matter. Each has a clear policy on filling vacancies for III elected offices. In other areas they address how `offices' are filled as they relate to a department head type office. The materials were reviewed with Attorney Cook, and he agreed the City should have a clear policy and list the procedures for carrying out how to fill the vacancy of an elected official. She also pointed out that the procedures proposed may not work when filling the vacancy during an election year. Some cities listed in their procedures that should the vacancy be within a certain time frame of qualifying week, the position would not be filled. However, should the City do this, they would only have a four -member Council from at least August to January. The procedures listed in the ordinance could also be deleted and add language that the City Council will adopt a Policy to set the procedures in place when the issue has to be addressed. Council Member Maxwell was not present at the meeting. However, he offered via a memorandum to the Mayor and Council distributed at the meeting, that he was concerned the amendment required a referendum, and that the position should be filled by the voters in a special election. Council Member Watford reminded everyone that the Council has already filled a vacancy on the Council. A Council Member ran for County Commissioner and did not get elected, Due to the "resign to run law," his effective date for resigning from the City Council was in November. However, new City Council Members are not sworn in until January. The Council decided to appoint that same person to finish out their term on the City Council. Attorney Cook added that it appears the issue will not require a referendum, since the Charter does not address the matter, and the statute allows for it to be addressed by Charter or ordinance. However, for clarification, the Clerk and Attorney Cook will research the matter further as well as address Council Member Williams point to clarify that the appointee will remain until the term of the office they are replacing. We need to ensure the terms remain staggered as set, every other year with three seats and two seats. c) Vote on motion. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Presentation and discussion of the Comprehensive Report of the Mr. Dale Milita, Mr. Ken Grimes and Ms. Connie Vanassche of GAS Governmental Services, LLC, the City's legislative 2012 Legislative Session in Tallahassee - CAS Governmental lobbyist, distributed copies and presented a report from the 2012 session. The Florida Legislature entered the session Services, with a $1 billion shortfall. Considering this deficit, continued budget cuts, lays offs, and mandates, small counties and cities overall fared well. MARCH 20, 2012 -REGULAR MEETING -PAGE 8 OF 11 6q II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. E. Presentation and discussion of the Comprehensive Report of the There were approximately 3,000 bills filed, the House of Representatives filed 1,008 bills and the Senate filed 2,052 2012 Legislative Session in Tallahassee continued. bills, of the bills filed the Senate passed 149 with 52 passing both houses. The House passed 439 bills with 240 passing both houses. While the report distributed at the meeting contained all items diligently worked on for the County, OUA and City, specific items of notable interest to the City were: -Changes to the tangible personal property tax bill, increasing the exemption but not total repealing, which would have had extremely adverse impacts to small rural counties. -Fertilizer issue for local governments did not pass. -Requirements on boards to have public testimony did not pass. -Repealing the local business tax bill did not pass. -While SB 206 passed, the language was modified to remove the requirement that local governments post all contracts on a state web site. -Passing of HB1175 clarified additions to the synthetic drug statue. -Sworn law enforcement officers can fill in on 911 communication (dispatcher) positions. -Prevented changes in drug weights that would have been overreaching. -Passing of HB 885 on secondary metals recyclers and secondhand dealers, adds additional requirements into law for the buying and selling of restricted metals property. Local governments that adopted ordinance prior to March 1, 2012 regulating the purchase or sale of these materials are grandfathered but can only amend those ordinances in the future to meet state law. -HB 119 Motor Vehicle Personal Injury Protection (PIP) Insurance. Budget issues relative to grant possibilities for the City were noted, specifically $200,000.00 for the City's Commerce Center Storm Water Program, which pertains to the incomplete South Florida Water Management District permit as it incorporates water retainage methods on each lot, and completing the southernmost lake area. The second item is $250,000.00 for the City's Storm Water Retrofit Program relative to the dredging of canals in Wilcox Shores, Okeechobee Estates and Taylor Cove/Central Park Subdivisions. The Mayor and Council thanked Mr. Milita and his team for their work on behalf of the City. There was no official action necessary on this item. F. Motion to approve a Medical Director Agreement with Dr. J. Michael Council Member Watford moved to approve a Medical Director Services agreement with Dr. J. Michael Adelberg, M.D., Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). FAEP, in the amount of six hundred dollars ($600.00) per month; seconded by Council Member Williams; with the notation that the copy of the agreement within Exhibit Five did not have the correct wording for paragraph "C." It needs to read, the medical director shall commence work under this agreement on April 1, 2012 and shall continue to provide services until otherwise terminated as addressed in paragraph D herein below. Attorney Cook verified this does not constitute a motion to amend as it is just a different way of saying the same thing in the current copy. �Qo AGENDA Vill. NEW BUSINESS CONTINUED. MARCH 20, 2012 - REGULAR MEETING - PAGE 9 OF 11 COUNCIL ACTION - DISCUSSION - VOTE F. Motion to approve a Medical Director Agreement with Dr. J. Michael VOTE Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Discuss Chamber of Commerce of Okeechobee County Lease Exhibit Six contained another lease agreement version for the Council to consider. The lease agreement is for the Agreement - City Attorney (Exhibit 6). building at 55 South Parrott Avenue, to the Chamber of Commerce of Okeechobee County. The language in the lease has been discussed at several previous meetings. Administrator Whitehall began the discussion by explaining that while this is the latest rendition, there are proposed amendments to it. For the purposes of easily interpreting what the City's and the Chambers individual responsibilities will be, the latest proposal is that in lieu of improvements more than $500 being split 50150, the City will take the responsibility of maintaining and repairing the roof. The Chamber would essentially take care of all other capital improvements and maintenance issues. The roof is the Chambers biggest anxiety. This simplifies the criteria and makes it a lot cleaner. The other major points (as discussed from previous meetings) are that the Chamber will share in the property insurance premium, the improvements and maintenance to the parking lot will be the City's responsibility, this includes striping and providing appropriate handicap parking space. The City will maintain the lawn and irrigation, while it will be the Chambers responsibility to maintain all the landscape. Mayor Kirk noted, one of the things that is difficult to get your arms around is the fact we are not a normal tenant -landlord. He recommended the changes being made as outlined by the Administrator and proceed with approving the lease. Administrator Whitehall added, Council Member Maxwell is absent and asked the Council to read through his memorandum listing his ideas and concerns for this item. He suggests the City essentially set a rental amount based on market value, then based on the Chamber meeting certain performance criteria, the City would reduce the rental amount, conceivably to zero. The problem is the performance criteria has not been established. He and Mr. Burroughs discussed this concept and they believe it would call for a subsidiary agreement between the City and the Business Development Board. Should the Council be interested in heading this direction, Staff can work toward that in the next three to six months. Mayor Kirk stated, the latest proposal is only for a five-year term. The Council made it clear they did not want to get into supervising the Chamber. He was not comfortable with approving and signing an agreement that he knew would be coming back for further negotiations within the year. Stating further, items that need to be addressed, need to be done so now, and get this behind us so they can move forward. Council Member O'Connor added his agreement with the Mayor's statement. 0 0 0 MARCH 20, 2012 - REGULAR MEETING - PAGE 10 OF 11 101 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 8 VIII. NEW BUSINESS CONTINUED. G. Discuss Chamber of Commerce of Okeechobee County Lease Council Member Watford agreed with the Mayor as well and elaborated further, Council Member Maxwell has Agreement continued. obviously put a lot of thought into this issue, and he appreciated those efforts, However, this is a little different from your standard commercial lease. The City should not get into the position of micro managing the Chamber. He was confident the Chamber can and will perform the way the residents of the City expect. They realize their position, are stepping up and willing to do it. It is critically important, as we have been without a Chamber for a long time, to get them in there. The other issue is this `new' chamber is really a hybrid or new breed of Chamber. It is not what we are used to, nor what we had before. It is not only based on tourism and answering questions/inquiries, it has expanded from that to the business development side, which is just as important. This is a great opportunity for the City, Chamber and County. Council Member Watford, moved to approve the Lease Agreement between the City and Chamber of Commerce of Okeechobee County, with the amendment that the City handle the roof repairs and maintenance and the Chamber will handle all other repairs and maintenance; seconded by Council Member O'Connor. Mayor Kirk asked Administrator Whitehall and Attorney Cook, whether they were certain everything that needed to be addressed was addressed sufficiently? Council Member Watford added, and we are certain we can terminate the lease based on the causes listed. Administrator Whitehall responded, to the best of my knowledge, substantively everything is addressed. Attorney Cook answered, we added the changes that the Council wanted, then in paragraph three, the means and efforts used by the Chamber to accomplish its goals are within the discretion of the organization. So we balanced the language with allowing nonperformance to be a termination factor, without micro managing them. They must remain a viable, operating Chamber of Commerce in order to remain in the building. To try to quantify performance would be almost impossible. What is acceptable to this Council today, may not be acceptable in two years when you may have a different Council here. However, Council Member Maxwell's memorandum suggested a couple of language changes, and he agreed, the change clarifies some of the language. These will be implemented in the final copy to be signed, Lastly, it appears a sentence was left out from this draft, page four the "assignment" provision needs to be expanded as to be clear the Chamber cannot sublease the building without written permission from the City. Mayor Kirk and Council agreed with the modifications and any other areas that need to be clarified more. KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MARCH 20, 2012 - REGULAR MEETING - PAGE 11 of 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. UNFINISHED BUSINESS. A. Discuss Attorney Cook's Annual Evaluation. B. Discuss Administrator Whitehall's Evaluation. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backyp..ferofficial records of the Clerk. ATTEST: Lane Wnmiotea, CMC, C ty Clerk James E. Kirk, Mayor As provided in Attorney Cook's employment services contract, each year the Mayor and Council Member completes an evaluation on Attorney Cook's employment performance. Mayor Kirk received the evaluations and calculated an average score of 3.85 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 for final processing and retention. Administrator Whitehall's employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. Mayor Kirk received the evaluations and calculated an average score of 4.875 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 for final processing and retention. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:36 p.m The next regular scheduled meeting is April 3, 2012 at 6:00 p.m. f] C eNDEPENDENT-- �MEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three tunes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attach_e_d..c_opy of advertisement being a_��{,_ in the matter of # t 6:�_i� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant .further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement -for publication in the said newspaper. Tom Bird Sworn to and subscribed before me this day of __ __ ° i ` 1 AD Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORA Angie Bridges -Commission #DD779718 Expires- APR. 20, 2012 .,r, vtiTmutIpTl.AN't'tCBONDING CO.,tNC. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that Clty Could{ of the City o eechobee will meet in Regula Sessm on Tuesday, March 20 2012, at 6:00 pm., at City Hall, SS SE 3rd Ave, Rm 200, Okeech e, norlda. The pubik is In., nd encouraged to attend. PLEASE TAKE NOTICE AND 8 DVISED that no stenographic Ord by a certified court repo ll be made of the foregoing dng. Accordingly, any person ho may seek to appeal any deci on involving the matters noticed herein will be responsible for mak 'ng a verbatim record of the testy ny and evidence at said meeting Pon which any appeal is to be sed. Please contact City Admmis anon at 963-763-3372, or websit to ob- in a copy of the agenda. In accordance with the American Disabilities Act (ADA) of 199 rsons needing special accommo- abon to participate in this pro- eeding should contact the City Jerk's Office at 863-763-3372 for ssistance. y: James E. Kirk, Mayor Lane Gamlotea, CMC, City Clerk 12374 ON 3/16 2012 CITY OF OKEECHOBEE MARCH 20 2012 REGULAR CITY COUNCIL MEETING LANE'S TYPED MINUTES DURING THE MEETING PAGE 1 OF /I II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: March 20, 2012, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation to be given by Reverend Edward Weiss, Church of Our Saviour; Pledge of Allegiance to be led by the Girl Scouts. 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 Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Award of Valor presented to Code Beasley, Brandon Smith, and Travis Mauldin. Mayor Kirk called the March 20, 2012, Regular City Council Meeting to order at 6:02 p.m. The invocation was offered by the Reverend Edward Weiss, DD, of the Church of Our Saviour; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Absent Present Present Present Present Present Present Present Present Present Present Three local youths of our community were asked to attend the meeting in orderfor the City to honor them for their heroic actions, where they saved the life of another person. Mr. Cody Beasley, Mr. Travis Mauldin and Mr. Brandon Smith, were each presented, a "Valor Award." Mayor Kirk reiterated the events that took place on August 17, 2010 at the Ft. Pierce inlet, praising their efforts in risking their own lives to help a person they did not know, and kept them from drowning. Our youth have always shown such good character, and their actions served to exemplify this even more. The plaques contained the City seal, their name and read, "Honoring your selfless act of valor by risking your life to an extraordinary degree to save the life of others," and included today's date. • is MARCH 20, 2012 - REGULAR MEETING - PAGE 2 OF /11 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED, B. Present a Fifteen -Year Longevity Service Award to Tom Tamer. III Mr. Tom Tamer was presented a Certificate of Longevity and award, an engraved mantle clock, in recognition of his fifteen years of service. C. Present a Five -Year Longevity Service Award to Cesar Romero, Mr. Cesar Romero was presented a Certificate of Longevity and award, an engraved silver pen, in recognition of his III five years of service. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 6, 2012 Regular Meeting. I March 6, 2012 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2012 Warrant Register General Fund ................................ $403,235.33 Public Facility Improvement Fund ................. $ 16,849.69 CDBG (Housing Rehabilitation) Fund .............. $ 11,167.10 Capital Improvements Project Fund .............. $ 6,641.85 Law Enforcement Special Fund .................. $ 75.00 VI(. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vlll. NEW BUSINESS. A.1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No.1082, General Employees/OUA Pension Plan - Pension Attorney Scott Christiansen (Exhibit 1). VOTE KIRK - YEA MAXWELL - ASSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the February 2012 Warrant Register, in the amounts: General Fund, four hundred three thousand, two hundred thirty-five dollars and thirty-three cents ($403,235.33); Public Facility Improvement Fund, sixteen thousand, eight hundred forty-nine dollars and sixty-nine cents ($16,849.69); CDBG (Housing Rehabilitation) Fund, eleven thousand, one hundred sixty-seven dollars and ten cents ($11,167.10); Capital Improvements Project Fund, six thousand, six hundred forty-one dollars and eighty-five cents ($6,641.85); and Law Enforcement Special Fund, seventy-five dollars ($75.00); seconded by Council Member O'Connor. There was nq discussion on this item. KIRK - YEA WATFORD - YEA MAXWELL - ASSENT O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No.1082, amending the City General Employees and OUA Retirement Plan; seconded by Council Member Williams. AGENDA Vill. NEW BUSINESS. A.1. b) Vote on motion to read by title only and set public hearing date. c) City Attorney to ready proposed Ordinance No.1082 by title only • 2, a) Motion to approve the first reading of proposed Ordinance No. 1082. b) Discussion. • MARCH 20, 2012 - REGULAR MEETING - PACE 3 OF/v - COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, Attorney Cook read proposed Ordinance by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1082; seconded by Council Member Williams. Mayor Kirk yielded the floor to Pension Attorney Christiansen, good evening, I'm here tonight on behalf of all 3 of your pension plans, I'm the attorney who represents all 3 of the boards of trustees of the pension plans, I drafted the ordinances you have before you, here just to answer any questions you may have, we're not really doing anything earth shaking in these ordinances put we do have some house keeping items that we've done but I will answer answer any questions or if you'd like me to tell you exactly what were doing I can do that as well. CW-changing the 8% to 7% is that projections? SC -that's the definition of actuary equivalency and the definition of actuary equivalency is the means by which the various benefits, you know when somebody retires they have the defined benefit and that's base don a calculation, they also have the option of getting other optional forms of benefits, in other words instead of a life only benefit they can select a 10 year certain of life or they can select a benefit with their spouse, joint and survivor benefit with their spouse. In order to come up with the monthly amounts associated with those various options so that they are all actuarially equivalent in other words they all have the same value the actuary has to do a calculation and that calculation uses a morality table and an interest rate. The reason why were coming to you with these changes is they just recently updated the interest rate and the morality table in the actuarial evaluations that are used for funding purposes, that isn't really what this is, but the actuary recommends that we keep the table and interest rate in the actuary equivalent definition the same as what "ere using in actuarial evaluation so that's really what were doing here. May be fore of an explanation than what you wanted. DW- and eliminating the requirement by national or state banks. SC -we don't have that requirement in either the police or fire plan, I think it got left in there years ago when we probably had intended to take it out and you can see MARCH 20, 2012 - REGULAR MEETING - PAGE 4 OF f 2-- 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vlll. NEW BUSINESS CONTINUED. A. 2. b) Discussion (Ord 1082 continued). • 0 c) Vote on motion. What it refers to co -mingled and mutual funds, most mutual funds are not administered by a state or national bank and we do have some interest because of recommendations made by our consultant to utilize some mutual funds and obviously this language got in the way of doing that with the general fund, so that's why that is being taken out. BW-does the board have any jurisdiction on "C "where It refers to the board shall not invest any more than 5% of its asset and common stocks, etc, is that a board decision? SC-thats in the ordinance so they don't have the authority to do anything different than what is in the ordinance. BW-didn't know if the board determined that those were the appropriate restrictions originally. SC -of the years from time to time as many as the council folks know we come in and make recommendations for changes and what have you and we haven't had a recommendation from the consultant and therefore we haven't had anything from the board recommending a change. Legally the board and the city could agree to increase that contribution level in equities but I think we've had that 60% in there for quite sometime. And that's actually quite low as plans go around the state. Some of you may not know but I and my partner represent about 165 plans around the state so we have a feel for these things and taht 60% is actually is on the lower end of the normal scale as far as stocks and bonds. BW-ok, I see. CW-is that effecting the return of the investments? SC -being law or being high? CW-being low. SC -being low, obviously over the long term stocks typically have a higher return than bonds, but of course stocks the returns are volatile, up and down than you have with bonds, so to the extend the board wanted to invest more in equities and couldn't and if they were at 65 or 70% equities and equities were doing well obviously you'd have a higher return, by the same token, if equities don't do well, and you have a higher % in equities then of course you are effected more, on the downside as well, so its kind of like a two edge sword. Mayor - anything else? There were none. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, and set April 3, 2012 as find public Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed hearing date for proposed Ordinance No. 1083, Police Pension Plan Ordinance No. 1083, amending the Police Officers' Retirement Plan; seconded by Council Member Williams. - Pension Attorney Scott Christiansen (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MARCH 20, 2012 - REGULAR MEETING - PAGE 5 OF /,�-- :7 • 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE (j VIII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to ready proposed Ordinance No. 1083 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 1083. b) Discussion. Attorney Cook read proposed Ordinance No. 1083 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST' FUND, ADOPTED PURSUANT TO ORDINANCE 1054; AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1083; seconded by Council Member Williams. DW- seems like were doing more than minor changes here am I am reading this incorrectly? SC- the definition of actuarial equivalent is the same as what were doing with the other one, right, the definition change that you see here has to do with the definition of salary. May recall last year there was some legislation passed, HB 1028 was adopted last year by the state legislature and what that bill did was change some or add some restrictions with regard to the items of salary that could be included in the definition for purposes of determining pension benefits. What the legislation says is that effective either July 1, 2011 or if you have a union, which you don't have here, you can no longer include for pension purposes, in the definition of salary, you can no longer include more than 300 hours per year in overtime or any lump sum payments of sick and vacation time that people typically they have accrued leave that they receive a lump sum payment for when they get ready to retire, those can't be included anymore. However, what bill also says you are not going to take away from anybody what they have on the books as of July 1, 2011. So what we've done here is provided going forward people wont be able to accrue any additional time as far getting paid for lump sum payments of sick and vacation time, they can accrue the time but they wont get pension credit. Lets say someone 300 hours on the books on July 1, 2011, and they aren't going to retire for 5 or 10 years, what this says is that when they ultimately retire can get the lessor of what they had on the books on July 1, 2011, 300 hours for this example, or what they actually have on the books and get paid for when they ultimately retire receive that lump sum. In my example if you had 300 hours on the books and when you ultimately retire 5 years from now you only have 200 hours and that's what you get paid for your going to get pension credit for 200 hours cause that's all you got. By the same token if you had 300 hours on books and when you retire you had 400 hours on the books you are going to be limited by the 300 hours that you had on the books as of July 1, 2011. So what this is doing is meeting that requirement that we had in the statute last year. The only reason you see this in here and don't see in the general and fire the definition of the police plan pursuant to Chapter 185 is total compensation which would include these lump sums in the fire plan youre not required under Chapter 175 to have the definition fototal compensation. You can have base compensation. That's what you have here, you don't include lump sums, you don't include salary so we didnt' have to make the change there, nor did we have to make the change in the general employee's plan. CW-in this state legislation last year, did it address the interest rate in the drop program. SC -they changed the interest rate in the drop program in the FL Retirement System, but that changes didn't have anything to do with local plans. MARCH 20, 2012 - REGULAR MEETING - PAGE 6 OF �-•- II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE p VIII. NEW BUSINESS CONTINUED. c) Vote on motion. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only, and set April 3, 2012 as find public Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed hearing date for proposed Ordinance No.1084, Firefighters Pension Ordinance No.1084, amending the Firefighters Retirement Plan; seconded by Council Member Williams. Plan - Pension Attorney Scott Christiansen (Exhibit 3). VOTE b) Vote on motion to read by title only and set public hearing date. KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to ready proposed Ordinance No.1084 by title only. Attorney Cook read proposed Ordinance No. 1084 by title only as follows. "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 1055, AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN 11 CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 1084. b) Discussion. c) Vote on motion. D.1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No.1085, authorizing the City Council to fill vacancies of elected official offices - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1084; seconded by Council Member Williams. DW-this is just a change to that same definition. SC -this is the same change to the definition we had in the other two. I just wanted to tell you something else I forget to tell you in the Police, the change that we made in the salary actually will have the effect of reducing the costs of the plans because we have fewer things included. This is the same change. KIRK - YEA MAXWELL - ABSENT O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1085, authorizing the City Council to fill vacancies of elected official offices; seconded by Council Member Williams. KIRK - YEA WATFORD - YEA MAXWELL - ABSENT O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. MARCH 20, 2012 - REGULAR MEETING - PAGE 7 OF 1Z II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. D.1. c) City Attorney to ready proposed Ordinance No. 1085 by title only. Attorney Cook read proposed Ordinance No. 1085 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE II CITY COUNCIL, CREATING SECTION 2-39 FILLING OF VACANCIES IN ELECTIVE OFFICES; PROCEDURES; PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Watford moved to approve the first reading of proposed Ordinance No. 1085; seconded by Council • 1085. Member Williams. b) Discussion. Exhibit Four included a memorandum from Clerk Gamiotea explaining that while reviewing the election code and current Florida Statutes, she realized that the City only addressed half of the requirement listed in F.S. 166.031(6), "Each municipality shall by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures forfilling a vacancy in candidacy caused by death, withdrawn, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office." The only explanation she could find, was sometime between 2000 and 2001, when the City was working on the code book overhaul project, the attorney for Municipal Code Corp. noted the City did not have a section in the Elections Chapter addressing the second part of the above statute, therefore Sec. 26-13 was added. This section provides provisions to reopen qualifying week, should there not be sufficient qualified candidates to have an election, due to one of them withdrawing or death. Several editorial changes were made then, between the Charter and Code Book Chapter 2, Administration, including the creation of Sec. 2-36 "The city council shall fill all vacancies in all city offices which may become vacant by death, removal, resignation or otherwise." However, this was existing language in the Charter as well and is tied to the City's obligation to fill department head type offices, not elected official offices. She's researched how several other cities addressed the matter. Each have a clear policy on filling vacancies for elected offices. In other areas they address how `offices' are filled as they relate to a department head type office. The materials were reviewed with Attorney Cook, and he agreed the City should have a clear policy and list the procedures for carrying out how to fill the vacancy of an elected official. She also pointed out that the procedures proposed may not work when filling the vacancy during an election year. Some cities listed in their procedures that if the vacancy was within a certain time frame of qualifying week, the position would not be filled. However, if the City did this, they would only have a four member Council from at least August to January. DW-why is it necessary to have a different set of policies for an elected official and during the year of the election? The first is for current elected officials, the second is for those running for office. Note sure if the council wanted to be put in the position of appointing a person who may run for office, picking one candidate over another. MARCH 20, 2012 - REGULAR MEETING - PAGE 8 OF /�- 11 AGENDA Ili COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. NEW BUSINESS CONTINUED. D. 2. c) Vote on motion, E. Presentation and discussion of the Comprehensive Report of the 2012 Legislative Session in Tallahassee - CAS Governmental Services. F. Motion to approve a Medical Director Agreement with Dr. J. Michael Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). is The council can also just adopt the face that they will fill the vacancy and leave the step by step procedures out, but adopt them when/if the time comes for you to have to do that. And it be done by policy not an ordinance. Provide with various examples from other cities, and try to keep it to seats at large. Does the mayor want to address council member maxwell's memo last page he addressed his concern that the ordinance be a charter amendment. I believe he's wanting to address it as a special election, not that the council should have that authority. Mayor, on the vacancy? I don't' agree with that. Cook, the point is that example he has on there is for a city who had a specific charter provision that covered it, it ruled that since it was in the charter then you have to have a referendum to change it. Our charter does not have it. So we're not really changing our charter. So I don't think a referendum is necessary. DW-when one of our council members ran for county commission, he did not have to resign until the date had he been sworn in. He was not elected and we appointed him to serve out the rest of his term. LG-1 don't know, I will have to research that. I went back to the older charter,1962, and maybe we just thought we had the authority, and that's where some confusion comes in because I do have a note in an other code books next to the section that says we can fill vacancies of offices, but in another copy I have speciifically notes the office means dept head offices not elected official offices, and there could have been a different AGO at that point and time that said it included both offices, but that doesn't necessarily mean it's the AGO that stands now. DW-its just first reading, we can go ahead. JK-I don't have a problem with us being able to appoint somebody, don't see it as a problem. At one point did we have our seats numbered up here? No, never. That would take a charter amendment. CW-brought up an example that John needs to address in the procedures, such appointee shall hold office until next general election, if you have a person who resigns after six monts of being in office, and the next election is not when they would have ran, you throw the staggered terms off. A provision needs to be included to address that. DW-needs to be election for that seat's term of office. Appointed until that seat was up for election. JC-we can address that. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. • • AGENDA Vill. NEW BUSINESS CONTINUED. E. Presentation and discussion of the Comprehensive Report of the 2012 Legislative Session in Tallahassee - CAS Governmental Services. F. Motion to approve a Medical Director Agreement with Dr. J. Michael Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). MARCH 20, 2012 - REGULAR MEETING - PAGE 9 OF f COUNCIL ACTION - DISCUSSION - VOTE Mr. Dale Milita, Mr. Ken Grimes and Ms. Connie Vanassche of CAS Governmental Services, LLC, the City's legislative lobbyist, distributed copies and presented a report from the 2012 session. The Florida Legislature entered the session with a $1 billion shortfall. Considering this deficit, continued budget cuts, lays offs, and mandates, small counties and cities overall fared well. There were approximately 3,000 bills filed, the House of Representatives filed 1,008 bills and the Senate filed 2,052 bills. Of the bills filed the Senate passed 149 with 52 passing both houses. The House passed 439 bills with 240 passing both houses. While the report distributed at the meeting contained items of notation that the consultants worked diligently on for the County, QUA and City, specific items for the City were: -Changes to the tangible personal property tax bill, increasing the exemption but not total repealing, which would have had extremely adverse impacts to small rural counties. -Fertilizer issue for local governments did not pass. -Requirements on boards to have public testimony did not pass. -Repealing the local business tax bill did not pass. -While SB 206 passed, the language was modified to to remove the requirement that local governments post all contract on a state web site. -Passing of HB1175 clarified additions to the synthetic drug statue. -Sworn law enforcement officers can fill in on 911 communication (dispatcher) positions. -Prevented changes in drug weights that would have been overreaching. -Passing of HB 885 on secondary metals recyclers an secondhand dealers, adds additional requirements into law for the buying and selling of restricted metals property. Local governments that adopted ordinance prior to March 1, 2012 regulating the purchase or sale of these materials are grand fathered but can only amend those ordinances in the future to meet state law. -HB 119 Motor Vehicle Personal Injury Protection (PIP) Insurance. Budget issues relative to the City were noted, specifically Line item 1683A, included $200,000.00 for the City's Commerce Center Storm water program and $250,000.00 for the City's Storm water retrofit program. JK-thank you for your hard work. Council Member Watford moved to approve a Medical Director Services agreement with Dr. J. Michael Adelberg, M.D., FAEP, in the amount of six hundred dollars ($600.00) per month; seconded by Council Member Williams. Attorney Cook/Clerk note there was a change that is not on Exhibit 5 copy, paragraph "C," reads The medical director shall commence work under this agreement on April 1, 2012 and shall continue to provide services until otherwise terminated as addressed in paragraph D herein below. JK-does it need a motion to amend? JC-no its just a different way of saying the same thing. JK-alright. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. NOR- AGENDA Vln. NEW BUSINESS CONTINUED. G. Discuss Chamber of Commerce of Okeechobee County Lease Agreement - City Attorney (Exhibit 6). 9 C MARCH 20, 2012 - REGULAR MEETING - PAGE 10 OF /2-- COUNCIL ACTION - DISCUSSION - VOTE DW-is this the latest one, this one in our packet or is there something later? OW -we got 2 or 3 latess. DW-I know & I don't know which one we're looking at. JC-the one marked Exhibit 6 is the latest draft. BW-Exhibit 6 is the latest agreemen tbut I can tell you that I've conversed with the chamber on a couple different occasions and theres some modifications taht need to be considered tonight. For the purposes of easily interupting what the city's responsibility is & what the chambers responsibility is, the latest proposal that the chamber I believe concurs with, & there's a rep here, Terry Burroughs, is that in lieu of improvements over $500 where the city splits 50/50 we felt the biggest source of anixiety to the chamber was the roof & if the council concurs the city would take the responsbility of maintaining & repairing the roof & the chamber would essentially take care of all other captiai improvements & maintenance issues. That simplifies the criteria of them providign proof either its monetary limitation or this is damaged or what constitutes a capital improvement. Think it makes it a lot cleaner. Theres a lot of justification which its part of councilman maxwell's memorandum that I distributed to your seats prior to the start of the meeting, where there landlord has kind of an inherient responsiblity to maintain the building, without regards, I know this is apples to organes comparing this scenior to a normal rental agreement. By & large, a landlord has a responsibility to look after its building to some extent & if the chamber was no in that building, we would still have the liability to try & maintain the roof. That's how we arrived at the city taking that responsibility. CW-condense that, the city is going to take the roof & they're going take everything else? BW-yes. DW-so that $500 buiness & all tha tis basically gone? BW-right. The major other points are that the chamber would share the property insurance premium that we discussed, there are some improvemetns like the parking lot woudl be part of the city's responsibility & striping it to providing enough/appropriate handicap parking space, the city will maintain the lawn, & the irrigation, it will be chambers repsonbility to maintain the landscape, bushes, tree's those types of things. Mr. Burroughs do you ahve anythign to add? Terry, no you're doing well (with the roof). JK-one of the things that difficult to get your arms around is the fact were not a normal tenant landlord so we cant sit back & look at like you would normally, because its totally different. I spoke with BW Monday from Orlando, I had been looking & studying this, what he just explained, is a good option & I recommend that we go ahead & proceed with this & let the chamber get in there & get on with their buiness. BW-I would be remiss if I didn't mention that, the memo from Maxwell, i know its kind of an 11' hour issue, but I did tell him that I would at least discuss it with you, essentially the biggest issur that Maxwell put in front, the city would essentially set a rental based on market value, & then based on the chamber meeting certain performance criteria, we would reduce that rental amount concievably to zero, but we haven't established what that criteria woudl be & Mr. Burroughs & I had an opportunity to discuss this thru & I think its going to call for a subsidiary agreement between the city & the business development board on what that criteria is & what we expect of them & so it's a new concept & at the 11 m hour & Maxwell understands its at the 111 hour, but its something, if the council is interested in, we can certainly work toward that end, in the next 3-5-6 months but we both agree it would be counter productive to let this concept stand in the way of geting the keys to them & get it going, the rental agreement going. JK- but this is going to be for 5 yrs isnt it? BW-yes. JK-so whatever comes after you work on, you're 5 years out with it. BW-thats the dicussion I've had with Terry, I don't' want the city to loose negotiating leverage, by adopting this lease but we need to also look at it as the provisions that Maxwell has come with shoudl be neutrailly advantageous with the chamber & the city, I don't know as theres a state of leverage that needs to play into our negotiations. I think they understand that they have an obligation to perform & that will be most of our discussion, where is your performance coming from. You shouldn't back away from that proformance, thats what your there for, so we need that type of performance reduced to writing & instituing the valuation of a rental arrangement I think it has some validity. I'm trying to articulate Maxwell's position without him being here. JK-1 thought we made it clear, the other night we didn't want to get into supervise, that's not what we intent to do. I don't want us to leave here tonight & if I were on the other end of this, & we're talkign about signing this agreement & comin gback & negotiating other items after I've signed it, I would have a problem with that. If there is something we feel like needs to be in here, then get it in here now, but I want to see us get this behind us. MO -yes. DW-first of all, like to, obviously Maxwell has put a lot of thought into this, I appreciate his efforts & thoughts. My first thought is, its for 5 years unless modified or terminated or further agreed, so if its something advantageous to both parties, I'm sure chamber would agree, & then we'd modify it, I tend to agree w/ what you just said, I don't think we want to, nor should we get into the position of micro managing the chamber of commerce. I feel confident, or I wouldn't even be to this point, that the chamber can & will do the performance the way the city, meaning the residents of the city, that they need the chamber to perform & I think they realize their position & are stepping up & willing to do that. I think its very important, we've been without a chamber for how ever many months & years now, think its critically important to get them in there, think 5 years may seem like a long time but based on other agreements, its really a short term contract, gives them time to evaluate, well have they done what the citizens except of them & then we'll renegotiate then. The other issue is this 'new' chamber is really a hybrid or new breed of chamber & what we're use to nor what we had before, not only based on the premise of tourism & answering questions/inquiries, its greatly expanded from that to the business development side which is just as important, it's a new concept, not what we had before, great opportunity for city, chamber & county to benefit from this type of arrangement, think doubly important to get them in there, get them running. I really appreciate what Maxwell's proposing, as you said, this is a little different than your standard commercial lease, I think we should go ahead with what we got, with the amendment that the city take care of any roof repairs & chamber do all other repairs and maintenance. C-] • AGENDA VN{, NEW BUSINESS CONTINUED. G. Discuss Chamber of Commerce of Okeechobee County Lease Agreement - City Attorney (Exhibit 6). IX. UNFINISHED BUSINESS. A. Discuss Attorney Cook's Annual Evaluation. MARCH 20, 2012 - REGULAR MEETING - PAGE 11 OF j,:�- COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford, I move we approve the lease agreement between the city and chamber of commerce of okeechobee county with the amendment that the city handle the roof repairs & the chamber will handles all other repairs & maintenance. Second by Council Member O'Connor. JK-Brian, do we have everything in here that we need to the best of your knowledge? BW-to the best of my knowledge, believe good question for the City Attorney, in his defense, I've given him 4 to 5 renditions of this but. JK-other than something that has to be cleaned up, the real major stuff you've got in here? BW-I think we're comfortable with it. JK-if you guys have to tweak it, you guys can do it. BW-1 think substantitively we've reached an agreement. DW-if the chamber ceases to exist, we're covered & wont have to go through the same. BW-I hope so, I was with ya'11 every step of the way on that one. DW-but we're certain we can, with these causes that are listed here, we can terminate it, we can, course you always have that, you said we didn't perform, we say we did. JC-in 3 yrs from now, in heigh sight you read this & say why didn't I put this in here, but as you said under the old lease, there was no remedy for the city if they cease to operate as a chamber, yes this draft #5 probably & we've added the changes that you wanted & the one specific change I put in here is pagraph 3 on the front, the means & efforts used by the chamber to accomplish its goals are within the discretion of that organization. So I think that accomplishes what you had indicated we aren't going to micro manage the organization, its just this least calls for a viable, operating organization. Maxwell didn't' discuss his memo with me, I saw it for the first time about an hour ago, but to quantify performance would be almost impossible, what is acceptable to this board, may not be acceptable in 2 years when you may have a different council up here, so there are a couple of language changes Maxwell suggested that I think clears thinks up a little bit & I don't mind using the only other area tha tl see, looks like when I redid it, left' out a line, page 4, assignment, provision prohibited sublease without city permission, there is a sentence missing there, its out of old lease & I need to expand on that a little bit, make it clear the chamber cannot sublease the building' without written permission from the City. MO -what you'll be doing is tweaking with city council permission. JK-right VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. As provided in Attorney Cook's employment services contract, each year the Mayor and Council Member completes an evaluation on Attorney Cook's employment performance. Mayor Kirk received the evaluations and calculated an average score of 3.85 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 for final processing and retention. Last years score was 3.77. MARCH 20, 2012 - REGULAR MEETING - RAGE 12 of J , - II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 1X. UNFINISHED BUSINESS. B. Discuss Administrator Whitehall's Evaluation. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Administrator Whitehall's employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. Mayor Kirk received the evaluations and calculated an average score of 4.875 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 for final processing and retention. Last year was 4.85. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:36 p.m. The next regular scheduled meeting is April 3, 2012 at 6:00 p.m. Lane Gamiotea, CMC, City Clerk l� I� CITY OF OKEECHOBEE MARCH 20, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 • I. CALL TO ORDER - MAYOR: March 20, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by the Mayor. III. 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 - Mayor. A. Award of Valor presented to Cody Beasley, Brandon Smith, and Travis Mauldin. B. Present a Fifteen -Year Longevity Service Award to Tom Tamer. C. Present a Five -Year Longevity Service Award to Cesar Romero. March 20, 2012 PAGE 2 of 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 6, 2012 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2012 Warrant Register. • General Fund $403,235.33 Public Facility Fund $ 16,849.69 CDBG Fund $ 11,167.10 Capital Vehicle/Project Fund $ 6,641.85 Law Enforcement Fund $ 75.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS. A.1.a). Motion to read by title only and set April 3, 2012 as a final public hearing date for proposed Ordinance No. 1082, General Employees/OUA Pension Plan - Attorney Scott Christiansen (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1082 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1082. b) Discussion. c) Vote on motion. March 20, 2012 PAGE 3 of 4 Vill. NEW BUSINESS CONTINUED. B.1.a) Motion to read by title only and set April 3, 2012 as a final public hearing date for proposed Ordinance No. 1083, Police Pension Plan - Attorney Scott Christiansen (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1083 by title only. 0 2.a) Motion to approve the first reading of proposed Ordinance No.1083. b) Discussion. c) Vote on motion. CA.a) Motion to read by title only and set April 3, 2012 as a final public hearing date for proposed Ordinance No.1084, Firefighters' Pension Plan -Attorney Scott Christiansen (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1084 by title only. 0 2.a) Motion to approve the first reading of proposed Ordinance No.1084. b) Discussion. c) Vote on motion. DA.a) Motion to read by title only and set April 3, 2012 as a final public hearing date for proposed Ordinance No.1085, Elective Procedures -City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1085 by title only. March 20, 2012 PAGE 4 OF 4 Vill. NEW BUSINESS CONTINUED. D. 2.a) Motion to approve the first reading of proposed Ordinance No.1085. b) Discussion. c) Vote on motion. E. Presentation and discussion of the Comprehensive Report of the 2012 Legislative Session in Tallahassee - CAS Governmental Services. F. Motion to approve a Medical Director Agreement between the City of Okeechobee and Dr. J. Michael Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). G. Discuss Chamber of Commerce of Okeechobee County Lease Agreement - City Attorney (Exhibit 6). IX. UNFINISHED BUSINESS. A. Discuss City Attorney Cook's Annual Evaluation. B. Discuss City Administrator Whitehall's Annual Evaluation. X. ADJOURN MEETING. 0 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. •m r) act e LQ Lane 0 ' I IIL.IV-�����, 1XqVz3 From: Lane<Igamiotea@cityofokeechobee.com> A. Sent:�Friday, March 16, 2012 12:20 PM To: ((�J jamesekirk@comcast.net; CM Devin Maxwell (dmaxwell@maxwellandmaxwell.net); dowlingwatford@okeechobeeford.com; clayton@bergerrealestate.com Cc: bwhitehall@cityofokeechobee.com; ddavis@cityofokeechobee.com; hsmith@cityofokeechobee.com; drobertson@cityofokeechobee.com; mjahner@cityofokeechobee.com Subject: Valor Award Info on 3/20 Agenda Attachments: doc20120315115454.pdf; article from Okee News.pdf Good Morning! Attached are the copies of letters sent to the 3 young men who will be receiving the Valor Award at the 3/20 council meeting. There is also a copy of the article from the Dec 16, 2011 Okeechobee News about their story and receiving both the Chief's Award from the Ft. Pierce Police Department and the Carnegie Medal. Representatives from the Ft. Pierce Police Department are also expected, as they asked if they could be notified when we were going to have this presentation. 1 The award is an acrylic 8" oval with a blue mirrored base, engraved with the City Seal, VALOR AWARD, [name], Honoring your selfless act of valor by risking your life tcrij extraordinary degree to save the life of others. Okeechobee City Council, March 20, 2012. Let me know if you have any questions. Q'Lane Earnest-Gamiotea, CAiC City CferVPersonnef Administrator City Okeechiobee, 55 SE 3'd avenue, Okeechobee, Tforida 34974 863-763-3372 ext. 215, 863-697-0345 cell, 863-763-1686 fax www.ciojofokeecfwbee.com ?fotice. (ir l 1 ito l-B . C-11101iiC�t�YB�ec'� . _ ' � �� ?ILA i"ii.,Y'� t��.t eft' )te?i`13tiT1t ttO1tY" a'4't?G11 1 citf!{r->ti lPt Yt'tip,�tl�t CC CI fxtt%ibt �1'ii'?-,j. lt,:�biz`�t', t1c� !t�`f ��"ilCt t'��"CtI'DI12� ilitiiC Pt� Yh4� t.Y1Tli�t�.'�71�1z`.cdi�, ���12I`Ct�t t�td:S (��iic: L7Lf ���2t`IfF't'i" ipi L1'P"ItitiGj. 1 • • City of Okeechobel March 14, 2012 Office of the City Clerk Cody Beasley 19455 Northwest 278"' Street Okeechobee, FL 34972 Dear Cody: The heroic events that you were involved with in August of 2010 have not gone unnoticed by your hometown. The Mayor and City Council would like to take time during the March 20, 2012 meeting to recognize your unselfish actions and present you with an Award of Valor. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., at City Hall, in the Council Chambers. It is an honor for me to have this opportunity, along with Mayor Kirk, Council Members Maxwell, O'Connor, Watford and Williams, to offer you a most sincere, "Thank You!" The youth of our community have always shown extraordinary character, the situation that happened at the inlet in Ft. Pierce, where you along with two friends reacted without hesitation and saved another persons life, only validates this statement. Your hometown is very proud of you. Should you have any questions or a scheduling conflict arise, please call my office, 863- 763-3372 ext. 215. We will give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this very special occasion. Sincerely, 4?jxe�- Lane Gamiotea, CMC City Clerk LG/mj 55 S.E. Third Avenue , Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeecho- be a N Office of the City Clerk March 14, 2012 Travis Mauldin 20689 Northwest 282"d Street Okeechobee, FL 34972 Dear Travis: The heroic events that you were involved with in August of 2010 have not gone unnoticed by your hometown. The Mayor and City Council would like to take time during the March 20, 2012 meeting to recognize your unselfish actions and present you with an Award of Valor. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., at City Hall, in the Council Chambers. It is an honor for me to have this opportunity, along with Mayor Kirk, Council Members Maxwell, O'Connor, Watford and Williams, to offer you a most sincere, "Thank You!" The youth of our community have always shown extraordinary character, the situation that happened at the inlet in Ft. Pierce, where you along with two friends reacted without hesitation and saved another persons life, only validates this statement. Your hometown is very proud of you. Should you have any questions or a scheduling conflict arise, please call my office, 863- 763-3372 ext. 215. We will give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this very special occasion. Sincerely, % GEC Lane Gamiotea, CMC City Clerk LG/mj 55 S.F. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 0 • F G 01 03 rn City of Okeechobee Office of the City Clerk March 15, 2012 Brandon Smith c/o OYDC 7200 Hwy 441 North Okeechobee, FL 34972 Dear Brandon: The heroic events that you were involved with in August of 2010 have not gone unnoticed by your. hometown. The Mayor and City Council would like to take time during the March 20, 2012 meeting to recognize your unselfish actions and present you with an Award of Valor. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., at City Hall, in the Council Chambers. It is an honor for me to have this opportunity, along with Mayor Kirk, Council Members Maxwell, O'Connor, Watford and Williams, to offer you a most sincere, "Thank You!" The youth of our community have always shown extraordinary character, the situation that happened at the inlet in Ft. Pierce, where you along with two friends reacted without hesitation and saved another persons life, only validates this statement. Your hometown is very proud of you. Should you have any questions or a scheduling conflict arise, please call my office, 863- 763-3372 ext. 215. We will give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this very special occasion. Sincerely, bw d6w Lane Gamiotea, CMC City Clerk LG/mj 55 S.E. Third Avenue o Okeechobee, Florida 34974-2903 • (863) 763-3372 . Fax: (863) 763- l 686 0 Friday, December 16, 2011 500 Plus teat at Gary Bell (center, gray T-shirt), from the mty Sheriff's Office, looks down as other aarticipants struggle to scale a 45-foot- I hay. Lt. Bell was a member of a team ' OCSO deputies, officers from the Semi- vtment, and deputies from the Broward ty sheriff's offices that took part in the h Mudder event in Tampa. The course, average `Mudder' about three hours to ! miles in length and was made up of 28 ,s. For the story, see page 18. �V j u, tiert to rigmf t3randon Smith, Travis Mauldin and Cody Beasley were given awards for bravery from the Fort Pierce Chief of Police. On Wednesday they were named among this year's winners of the Carnegie Medal. Okeechobee tu, ,"9,hns ho-intolEe-K 0--kd as heroes Maudlin, Beasley and Smith to receive Carnegie Medal PITTSBURGH, PA —In its fourth and final award announcement of 2011, on Dec. 14 the Carnegie Hero Fund Commission named 18 individuals as recipients of the Car- negie Medal. The medal is given throughout the United States and Canada to those who risk their lives to an extraordinary degree while saving or attempting to save the lives of others. The heroes announced Wednes- day bring to 83 the number of awards made in 2011 and to 9,495 the total number of awards since the Pittsburgh -based Fund's incep- tion in 1904. Commission President Mark Laskow stated that each of the awardees will also receive a finan- cial grant. Throughout the 107years since the Fund was established by industrialist -philanthropist Andrew Carnegie, $33.9 million has been given in one-time grants, scholar- ship aid, death benefits, and con- tinuing assistance. Youngest of the awardees named Wednesday are three teen- age boys from Okeechobee, Travis James Mauldin, Cody Alan Beasley, .and Brandon M. Smith, who saved a woman from drowning, in Fort Pierce on August 17, 2010. At night, a 41-year-old woman jumped 75 feet from off the Sea- way Drive Bridge into the Indian River Lagoon and was swept away by a strong tidal current. Travis, 17; Cody, 17; and Brandon, 16, all high school students, were fishing from a catwalk below the bridge Sep HF.RnFe 13.,..._ — cneennn 0 HEROES Continued From Page 1 with friends when they heard the woman hit the water and then saw her being car- ried into the darkness. They jumped from the catwalk into the river and swam about 350 feet to the woman, who was floating on her back at a point about 385 feet from the closer bank: They grasped the woman and together swam with difficulty against the current toward the bank. Reaching wadable water, they pulled the woman toward an accessible point on the bank, where emer- gency personnel had responded. The rescu- ers removed the woman from the river. She was hospitalized for treatment of broken ribs and other injuries, and she recovered. Travis, Cody, and Brandon sustained minor lacerations and were tired after the rescue, but they recovered. In September 2010. Fort Pierce Police Chief Sean Baldwin gave Chief's Awards for Bravery to the three boys. "We expect our officers to respond to life threatening emer- gencies," he said. "It is absolutely incredible and inspiring for young men to save some- body's life." In a 2010 interview, Brandon said he saw the lights reflect off something in the water and they knew they had to do something. "We just had to get her. When we first went in the water we couldn't see her be- cause she drifted off in the dark. I saw her reflection in the water and I knew if she was out there we had to go out there and get. her," he said. Established in 1904 by Andrew Carnegie, the Carnegie Hero Fund Commission was created to recognize outstanding acts of self- less heroism performed in the United States and Canada. The Commission awards the Carnegie Medal to those who risk their lives to an extraordinary degree while saving or attempting to save the lives of others. Okeechi The single event that stimulated Mr. Car- Deputy negie to organize the Fund was the Harwick makes h mine disaster near Pittsburgh in January cles at 1 1904, which claimed 181 lives. The victims event he included an engineer and a miner who went into the stricken mine in a valiant attempt to . rescue others. The tragedy and the sacrifices A so moved Mr. Carnegie that he promptly took action on his then -novel idea of honor- ing and helping "heroes of civilization." "I do not expect to stimulate or create A heroism by this Fund," Mr. Carnegie wrote, "knowing well that heroic action is impul- sive. But 1 do believe that, if the hero is in- R jured in his bold attempt to serve or save his fellows, he and those dependent upon him should not suffer pecuniarily." The Commission's Deed of Trust estab- lished a $5 million fund to recognize persons "in peaceful vocations" who act to "preserve or rescue their fellows." Mr. Carnegie speci- fied that each hero to be recognized, or the next of kin, was to receive a medal, recit- ing the heroic deed it commemorated and "Greater carrying the Biblical quotation: love hath no man than this, that a man lay down his life for his friends" (John 15:13). pia The Commission was empowered to make monetary grants, as well. Given to the he- roes or the next of kin in cases of death, the grants include continuing support, scholar- ship assistance, and death benefits. More than $32 million has been given to the awardees or their survivors over the life of the Fund. Rescue acts brought to the Commis- sion's attention are carefully evaluated, and those that appear to have award potential are then investigated .and reported to the Commission for decision. To bring an act of heroism to the attention of the Commission, write Carnegie Hero Fund Commission, 436 Seventh Avenue, Suite 1 I01, Pittsburgh, Pa. 15219-1841, or call 412-281-1302 or toll -free 1-800-447-8900. DEVIN R. MAXWELL COUNCIL MEMBER • 1915 � VALOR AWARD Cody Beasley a' I Honoring your selfless act of Y valor by risking your life to an extraordinary degree to save the life of others Okeechobee COY council March 20, 2012 _-- VALOR ARG Brandon Smith Honoring your selfless act of valor by risking your life to an extraordinary degree to save the life of others '' Co' 012 �a LANE GAMtOT CITY CLERK �1; Travis Mauldin Honoring your selfless act of valor by risking your life to an n extraordinary degree to save the life of others Okeechobee City Council March 20, 2012 t VALOR AWARD 0. 103 No. 36 Friday, March 23, 2012 500 Plus tax "October Baby" movie opens here ... Page 5 WaterFest fun this weekend ... Page 9 Call for artists & performers • ... Page 8 County OKs computers for library ... Page 21 Lake Levels 12.68 feet Last Year: 11.64 feet CSo `` ored y. ';� City roves a chamber buildinglease pp By Pete Gawda "It's critically important to get them in Okeechobee News there," Councilman Dowling Watford said of It looks like the long vacant building on leasing the building to the chamber. He noted the corner of S.R. 70 and U.S. 441 will soon that the Chamber of Commerce of Okeecho- be occupied by the Chamber of Commerce of bee County is what he called "a new breed." Okeechobee County. At their meeting on Tues In addition to promoting tourism, parades and day, March 20, the Okeechobee City Council festivals, he said this chamber is concerned gave its approval to a lease of the building. with economic development. "It's not what After the meeting, Terry Burroughs, who at we had before," he said of the now inactive tended the meeting as a representative of the Okeechobee County Chamber of Commerce, chamber, expressed confidence that his board which carried out traditional chamber duties. of directors would also approve the lease. Dale Milita, Ken Grimes and Connie Vanass- One major change adopted by the council che, of the city's lobbying firm, Craig A. Smith dealt with repairs. The city would take care of any roof repairs while the chamber would be See CITY — Page 9 responsible for any other necessary mainte- nance. The lease is for five years at $1 a month. Wording in the lease seeks to avoid a repeat of what happened with the now inactive Okeechobee County Chamber of Commerce which resulted in the building being vacant for many months and the city having to go to court to regain possession of it. A section of the lease states the city may declare the lease in default for a number of reasons including "failure to continually and daily operate as a chamber of commerce," and failure of the chamber to allow the city to inspect corporate books and records. Okeechobee News/Pete Gawde ion, (across from Okee Tantie), 10101 Sta inch plywood, 4rfeet of 2" x 4"s, one pound Other activities planned throughout the Road 78 West Okeechobee on Satur of screws and one 60-yard roll of duct tape. �er-Pole Slam weekend include the op - March 24, and Sunday, March 25. Paint can be used for decoration, but not as unity to pose questions to Elite Series pros, B.A.S.S. is hosting the Power -Pole Slam on a sealant. Each team could create their own angler autograph and photo sessions and the Lake Okeechobee this weekend. The contest designs. opportunity to learn tips and techniques from pits 99 of the top bass anglers in the world, At noon, the O.L. Raulerson Jr. BBQ contest some of the best bass anglers in the world. including fishing legend Kevin VanDam and judging starts. At 4 p.m. on Saturday, March 24, Fans can register to win items such as a 2012 Bassmaster Classic champion Chris official fishing tournament semi-finals weigh- Kevin VanDam jersey in the Bass Pro Shops Lane, against each other as they compete for in begins. booth, a dream fishing trip with Mike Iaconelli the $100,000 prize and a coveted spot in the On Sunday, March 25, the top 12 anglers at the Power -Pole booth, and prizes in the Car- 2013 Bassmaster Classic set for Feb. 22-24 in will launch at 7:30 a.m. for the final day of hartt area. Yamaha will offer demonstration Tulsa, OK. The tournament started Thursday. Power -Pole Slam competition. tours and "Hooked Up" will broadcast from On Saturday, March 24, the Top 50 anglers WaterFest F.U.N. activities start at 10 a.m. the Toyota Hooked Up Stage. launch for semi-finals of Power -Pole Slam at Minimal Regatta races will be from 11 a.m. to 3 Ala. For more information, visit www. 7:30 a.m. p.m. The second day of the BBQ contest starts bassmaster.com. Mayor honors local heroes cis By Pete Gaivda and Charles M. Murphy Okeechobee News "This is what it means to be a hero," Okeechobee Mayor James Kirk said as he presented the Award of Valor to three local young men. Travis Mauldin, Cody Beasley and Brandon Smith were honored at the Tuesday, March 20, Okeechobee City Council meeting. "This is an example of our youth, the May- or said. "We are in good hands." The award was presented to recognize the actions of these three young men who were credited with helping save the life of a despondent 41-year old Fort Pierce woman who dove into the Indian River Lagoon from the Seaway Bridge on Aug. 17, 2010. Accord- ing to Fort Pierce Police, the three young men were fishing on a nearby pier when they heard a splash in the water, saw the body floating down in the strong tide, and jumped in to save her. The trio counted to three and then jumped in to save the woman. They swam for about 150 yards before they reached her and man- aged to pull her to shore to awaiting emer- gency service personnel. "We heard the splash, turned our heads and saw the woman's head," Mr. Beasley told the Okeechobee News in an interview soon after the incident. "We hollered and screamed at her to see if there was some kind of a response. We knew she must have been hurt pretty badly. I think God puts you in the right place at the right tilne. 1 think that was the reason she is still alive." He said his biggest worry wasn't drown- ing, but sharks. "It was crazy, I never thought something like this would happen to me," Mr. Mauldin said in the same interview. "I guess every- thing changes when you see that someone's life is in danger." He said it was a spur of the moment decision he would never regret. "I really didn't do much thinking about it be- cause she was floating away pretty fast and I couldn't just sit there and watch someone float away and die." The woman was transported to Lawn - wood Regional Medical Center where she was treated for broken ribs and other injuries. However, she recovered from the ordeal. In September of 2010 Fort Pierce Police Chief Sean Baldwin presented the young men with the Chief's Award for Bravery. "We expect our officers to respond to life threaten- ing emergencies," the chief said in a press re- lease. "it is absolutely incredible and inspiring for young men to save someone's life. On Dec. 4, 2011, the Carnegie Hero Fund Commission named the three young men as recipients of the Carnegie Medal. This medial is given throughout the United States and Canada to those who risk their lives to an ex- traordinary degree while saving or attempting to save the lives of others. Continued From Page i Governmental Services, gave the councilmen a report on the recent session of the state legisla- ture. Turning to other business, the council held the first reading and set April 3 as a final public hearing date for ordinances dealing with the gen- eral employee/OUA, police and firefighters pen- sion plans. The council also held the first reading and set April 3 as a final public hearing date for an ordinance which would adopt a policy and procedures for filling vacancies in office. In ad- dition, the council approved a medical director agreement with Dr. J. Michael Adelberg. Farm and Ranch 1 R Sweet* r a... �r Farm and Ranch DSweet s bag ! Golden F . 'r. �' Sale i. 1 GOLDEN #. sFeed .. # Supply 763 �� rjH./lIN Do you hane some rye . Publish it yourself! 100 words and one photo for only $2 ! Publish Your News today! Just visit www.newszap.com, click on your community, and then on the link Newsup.eom for Publish Your News. City of Okeechobee March 14, 2012 Tom Tarner 1110 Northwest 5th Street Okeechobee, FL 34972 Dear Mr. Tarner: I �- J01011); Office of the City Clerk Fifteen years may seem like a long time, but I would be willing to bet you've enjoyed every minute as a "City Family" member. At this milestone, the Mayor and Council would like to take time during the March 20, 2012, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6.00 p.m., to extend to you a longevity service certificate and award. In addition, I would also like to point out that by reaching this milestone there is another change to your benefits. Beginning this month, your annual leave accrual will increase to 13.3 hours per month. Just one of the many ways the City says "Thank You" for being so dedicated. It is an honor for me to have this opportunity, along with the Mayor and Council, to offer you, a most sincere, "Congratulations, YOU did it!" May there be more years to come. Should a scheduling conflict arise, please call my office, 763-3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this special occasion. Sincerely, Lane Gamiotea, CIVIC City Clerk LG/mj cc via email: Police Chief Davis 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 0 0 n t� �er�ice�war og Presented To garner In Appreciation for Your 15 Years of Hard Work and Dedication With the City of Okeechobee February 24, 1997 through February 24, 2012 Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The Citv and Your Fellow Citizens have Benefitted Greatly by Your Performance. Presented this _ /� ''! Clay of � �� 2012 i laawc -; E. Kirk. Mayor one Gomi+,a. City Clerk AIM 'A March 23, 2012 • Okee hd& News terliComm�slionerspurchase com u By Pete Gawda The laptop would be used by the director to Commissioners approved execution and Okeechobee News take to conferences. Library director Kresta modification of the Energy Efficiency and King said the funds to pay for these comput- Conservation Block Grant, adjusting the The purchase of computers for the library ers comes from grant funds held in reserve time to Aug. 3 ] . was the highlight of a relatively short meet- that have been carried forward for several On a negative note, commissioners voted ing of the Okeechobee County Commission years and would not come from operating to reject the sole bid for ductwork removal on Thursday, March 22. Commissioners also funds. These computers will replace anti- and replacement at the health department dealt with routine matters concerning drain quated computers, many of which date to building since the bid was much higher than age grants and extending a contract. the construction of the library building. Ms. the engineer'salso approved an extension of Commissioners authorized the purchase King said she had implemented a technol They PP Block of 34 desktop computers for library patron to vats n to replace computers oid having o uters at purcse so many (CDBG) for ular ints,x Development othss andexpandedrthe use and one laptop computer Y staff use from ICS Computers for $20,508. computers at one time in the future. scope of work to include a fifth culvert. i.' t 1 ks forward to new source of revenue Coun o0 4Y The Okeechobee landfill began receiving wd By Pete Gawda waste from Fort Pierce on March 1. Using Okeechobee NewOne bright spot has appeared in county fi- calculations based on the amount of waste from that city the first 19 days of nances that might help alleviate the anticipated deficit. In this era of dwindling revenues for the received March, Waste Management spokesman Jeff county ther is one area where revenues will Sabin estimated that the county will receive soon inc ase. Th ity of Fort Pierce recently approved an $86,988 in fees the first year. Mr. Sabin ex that amount to increase in coming ent with Waste Management to haul ected P '\ agre th citv's waste to the Okeechobee landfill. years. Okeechobee News/Pete 15 years faithful service At the Tuesday, March 20, meeting of the Okeechobee City Council, Mayor James Kirk, right, presented Okeechobee City Police Department Sergeant Tom Tarner, left, with a 15-year Longevity Service Award. OSWCD Speech Contest announced Deputy county administrator Jim Three witts said these unanticipated funds coulc be used to offset and possible alleviate th, expected deficit this year. In future years thi money could possibly be used to build u reserves. In the past the county has relied heavil on the income from the landfill to balanc the budget. However, in recent years fc various reasons, income from the landf has diminished and the county has not bee able to rely on it so much. Post your opinions in the Public Issues Forum www.newszap.com. Reporter Pete Gawda c, be reached at pgawda@newszap.co 1001-H: Oak Tree f In town condomi conveniently cIoSE everything. Porch ju the kitchen area. very motivated to Unit #10-G Make 0 NOW $3 IMMLS#203425 50114: Four Sei 2006, 2bd2ba MH acre. Great locatic east coast comn Fenced yard with 4 , wooden front Motivated seller, an offer! $711,000 $65,000 MLS #204 3004-H: King's - 2 Bedroom 2 ba closed back pore screened front garage, appliancf HOA. Easy to t549ee NOW $ City of Okeechobee March 14, 2012 office of the city Clerk Cesar Romero 2355 Southwest 28`h Street, Apt 90-H Okeechobee, FL 34974 Dear Mr. Romero: It is hard to believe that five years has past since you first became a member of the "City Family." At this milestone the Mayor and Council would like to take time during the March 20, 2012, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. In addition, I would also like to point out that by reaching this milestone, you are now considered a vested member of the General Employees' Retirement Fund. It is an honor for me to have the opportunity along with the Mayor and Council to offer a most sincere, "Congratulations, well done." May there be many more years to come. Should a scheduling conflict arise, please call my office, 763-3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so they, too, may share in this occasion. Sincerely, Lane Gamiotea, CIVIC City Clerk LG/mj cc via email: Chief Davis 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 • Service IPresented To p Cesar omero In Apprectaktun for Your 5 Years of hard Work and Dedication With the City of (-)heechohee March 12, 2007 thz=(--)tzyMarch arch 12, 201 Service is the lifeblood of :. nN organization. Everything f1c���rs frc>��► it �u�d i � n�.�t�ri�hecl by it. m1. rl.tV �1�cl Your , V '0V'V (_'iti/WlU1% ICA V enefittecl (xrv4tu V 1�V Our I'e, n nianc•e. Presented this _. da v of 2012 tin w< E. Aijar Akr yol t1Rc' t7f7rr1it'at 'f7. City Clod, 0 • M 5 El 16 Okeechobee News Children's df Think beyond pediatric poisonings The three poison control centers in Florida tip their hats to the American pub- lic, which has responded with tremendous enthusiasm to poison prevention campaigns since the first National Poison Prevention Week was declared in 1962. Efforts by par- ents, poison control centers, community agencies, legislators and household product manufacturers have helped reduce poison- ing deaths of young children under the age of 6 by 87 percent. Florida's poison control centers want to use this happy moment to increase awareness of an epidemic affect- ing adults: poisoning from prescription pain medications. In Florida, prescription medication mis- use kills eight people every day, or enough in one year to fill 50 Greyhound buses. The message of poison prevention is more criti- cal than ever. Tragic stories about prescrip- tion drug overdoses are often in the ews, but thgy aren't rare. In 2011, Florida oon Okeechobee News/Pete Gawda Dispatcher honored At the Tuesday, March 20, meeting of the Okeechobee City Council, Mayor James Kirk (right) present- ed a Five Year Longevity Service Award to Cesar Romero (left) who is a dispatcher for the Okeechobee City Police Department.. control centers took over 49,000 calls from people who reported poison emergencies related to medication such as an overdose, pills mixed with alcohol, a child taking an adult's pill, or an adverse reaction to a new medication. Florida's poison control centers encour- age the following steps to prevent poison- ing due to medication mistakes or misuse: Conducting poison prevention programs for children; 1. Check for interactions between medi- cations, herbal supplements, non-prescrip- tion products and alcohol. 2. Follow the directions on the label. 3. Don't share medications: others may get sick if given your pills. 4. Store medications where children and visitors can't see them. 5. Tell your physician if a medication is giving you unpleasant side effects. 6. Dispose of medications that are no lon- ger needed. 7. If someone has a -chronic pain condi- tion, seek a physician who is board -certified in a specialty such as pain medicine or phys- ical medicine/rehabilitation. Be ready to ask questions or treat emer- \ 1. Program the Poison Help line: 1-800- 222-1222 into your cell phone or home phone's speed dial. 2. Don't take a chance, call poison con- trol if you have a concern about a medica- tion problem. 3. If someone has taken too much medi- cine and seems ill, don't leave them alone to "sleep it off." 4. Call your poison center for profession- al advice. If a person has noisy breathing or cannot be awakened, call 911. Thrift Store requests donations The ARC of Okeechobee Thrift Store is currently requesting donations of household items, dishes, kitchen appliances, furniture and clothing. Your tax deductible donation will be used to help further the mission of the agency to provide social, educational and vocational opportunities to the develop- mentally disabled. The store is open Mon- Aed ,riday, 9 a.m. to 4 p.m. All items can be off at the thrift store location, 403 2nd Ave. in Okeechobee. For further information, call 863-763-2419: Sobless rate/4alls in January By Charles M. Murphy Glades County also saw a decline from Okeechobee News 9.7 percent in December 2011 to 9.1 percent The unemployment rate continued to de- in January. The number of residents who 5. If someone you know has a medic, tion addiction, find treatment experts < http://findtreatment.samhsa.gov/Treatmen Locator/faces/quickSearch.jspx or by callin 1-800-662- HELP (4357) Poison Center Take action to prevent deaths in you community: 1. Call local law enforcement to fine medication disposal dates and locations. 2. Encourage understanding of addiction which can affect anyone. Information cai be found at http:/Avww.nida.nih.gov/scien ceofaddiction. 3. Join a community drug prevention co alition. Visit http://www.cadca.org/start co EXCLUSIVE ENGAGE STARTS FRIDAY. MAF Place your FREE Aid online: v".newl U DECIDEWhat it SAYS-1` H, GRS March 13, 2012 • Gabriel Roeder Smith & Company Consultants & ;actuaries Ms. Janet McKinley, Financial Liaison City of Okeechobee 100 SW 5a' Avenue Okeechobee, FL 34974-4221 • One East Broward Blvd. Suite 505 Ft. Lauderdale, FL 33301-1827 Re: Okeechobee and Okeechobee Utility Authority Employees' Retirement System Actuarial Impact Statement for Proposed Ordinance l4 u , I09,q Dear Janet: LXHIBIT 1 MAR 20, 2012 We have reviewed the proposed ordinance amending the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System drafted by Scott Christiansen and dated February 23, 2012. This ordinance would amend the Plan as follows: ■ Change the definition of actuarial equivalence. • Eliminate the requirement that commingled funds and mutual funds be administered by national or state banks. In our opinion, this amendment will have no actuarial impact on the Plan. The attached Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date Respectfully submitted, Theora P. Braccialarghe, FSA, TWAAA Enrolled Actuary No. 11-02826 cc: Scott Christiansen, Plan Attorney James Mullis, Board Chair .mrose, MAAA Actuary No. 11-06599 OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM Impact Statement — March 13, 2012 Description of Amendment The proposed ordinance would change the assumptions used to determine actuarially equivalent optional forms of benefit. In addition, it would eliminate the requirement that commingled funds and mutual funds be administered by national or state banks. Funding Implications of Amendment There is no actuarial cost due to this ordinance. Certification of Administrator I believe the amendment to be in compliance with Part V11, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator Gabriel Roeder Smith & Company L_J • ORDINANCE NO. 1082 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee, and; WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; and WHEREAS, the amendment of this ordinance to change the definition of actuarial equivalence, to change the percentage rate that future payments are discounted for interest and mortality, as well as eliminating the requirement that commingled funds and mutual funds be administered by national or state banks, will have no actuarial impact on the plan; and WHEREAS, such changes are recommended by the Pension Board of Trustees upon the advise of the plan's Actuary. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuantto Ordinance No. 1053, is hereby amended by amending Section 1, Definitions, to amend the definition of "Actuarial Equivalent," to read as follows: Actuarial Equivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using 8% seven percent (7.0%) interest and the 1983 1994 Group Annuity Mortality Table. This definition may only be amended by the City pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the plan's actuary, such that actuarial assumptions are not subject to City discretion. SECTION 2: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuantto Ordinance No. 1053, is hereby amended by amending Section 4, Finances and Fund Management, subsection 6.B.(4), to read as follows: (4) Stocks, commingled or mutual funds, administered by mational or state banks, bonds or other evidences of indebtedness, provided that: (a) Except as provided in subparagraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any State or organized Territory of the United States, or the District of Columbia. (b) Up to fifteen percent (15%) of the assets of the Fund may be invested in foreign securities. Ordinance No. 1082 - Page 1 of 2 (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock, international equity securities and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 6: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 20' day of March, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3`d day of April, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1082 - Page 2 of 2 • w CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY PENSION BOARD MEETING MINUTES FEBRUARY 13, 2012 CITY HALL 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Page 1 CALL TO ORDER: 5:06 P.M. by Jamie Mullis TRUSTEE ATTENDANCE: Jamie Mullis, Chairperson Linda Tewksbury OTHERS PRESENT: Scott Christiansen, Attorney Jack Evatt, Bogdahn Group Janet McKinley, Financial Liaison Basil Coule, Financial Liaison NOT PRESENT: David Kelly, Bowen Hanes Melisa Jahner, Secretary Daryl Roehm Kevin Barbour Jamie Mullis began the meeting by introducing the General/OUA Pension Board's new member Daryl Roehm. Jack Evatt of the Bogdahn Group presented an overview for the quarter ending December 31, 2011 stating this quarter was much better. This quarter represented the best return (15.5 %) for the S & P 500 since the third quarter of 2009 (15.6%). He then suggested that all three boards consider looking for alternatives for investor manager for bonds (fixed income). It is advantageous to split up the funds and not have just one firm. Scott Christiansen of Christiansen & Dehner, P.A. reviewed the upcoming changes to all three boards Ordinances which will be presented to the City Council for first reading, March 20, 2012. CITY GENERAUOUA PENSION BOARD OF TRUSTEE ITEMS: Linda Tewksbury moved to approve the November 7, 2011 minutes; seconded by Kevin Barbour. Motion carried. Jamie Mullis moved to approve the Financial Reports items 1-8 of the agenda; second by Linda Tewksbury. Motion carried. Kevin Barbour moved to direct the Bogdahn Group to proceed with the search for an investor manager for bonds (fixed income); seconded by Jamie Mullis. Motion carried. Jamie Mullis moved to accept the Ordinance changes of the definition of Actuarial Equivalent to read from 8 percent toEthat percent interest and to change from 1983 to 1994 Group Annuity Mortality Table; also to change the language to read mutual funds may be administered by national or state banks; seconded by Melisa Jahner. Motion carried. There being no further business, the meeting was adjourned at 6:30 p.m. Melisa Jahner, Secretary • G ahi;ei Po, &-r Siilth & Compan-, GRS January 13, 2012 CONFIDENTIAL Ms. Janet McKinley Financial Liaison City of Okeechobee 100 SW 5th Avenue Okeechobee, FL 34974-4221 • One East Brox and Blvd. Suite .505 Fr. Lauderdale. FL 33301- 1827 Re: City of Okeechobee Police Officers' Pension Plan and Trust Agreement Actuarial Impact Statement for Change in Pensionable Earnings 10 Dear Janet: EXHIBIT 2 MAR 20, 2012 Enclosed is our Actuarial Iinpact Statement to measure the financial impact of the proposed ordinance which makes the following changes: ■ For service earned after July 1, 2011, salary shall not include more than 300 hours of overtime per fiscal year and shall also not include payments for accrued unused sick or annual leave. ■ Payments for overtime in excess of 300 hours per year or accrued unused sick or annual leave accrued as of July 1, 2011 and attributable to service earned prior to July 1, 2011, may still be included in pensionable salary, even if payment is made after July 1, 2011. ■ With respect to unused sick leave and unused annual leave accrued prior to July 1, 2011, salary will include the lesser of the time accrued on July 1, 2011 or the actual amount of accrued time for which the retiree receives payment at the time of retirement, at the then current rate of pay. ■ The Actuarial Equivalence assumptions are changed from 8% interest and the 1983 Group Annuity Mortality Table to 7% interest and the 1994 Group Annuity Mortality Table. Summary of Findings ■ Eliminating future accruals for unused sick and annual leave time makes this a fairly significant change because it reduces the amount included in the calculation of final average earnings. ■ As of October 1, 2010, there was approximately $5,500 of pay due to overtime hours in excess of 300 hours, so the cap on overtime also has an effect. ■ The present value of projected benefits is about 5% less, reflecting both of these changes. The resulting reduction in annual required City contribution is about $34,000. ■ The change in assumptions used to determine actuarial equivalence is only used when calculating optional forms of benefit for retirees, and has no measurable effect on the cost of the plan. Additional Disclosures At October 1, 2010, the actuarial value of assets exceeded the market value by $351,976. This excess represents investment losses that have not been recognized yet. By the time such losses are fully recognized, the annual cost of the Plan will have increased by about $43,000. The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. Ms. Janet McKinley January 13, 2012 Page 2 This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the System only in its entirety and only with the permission of the Board. The purpose of this report is to describe the financial effect of the proposed plan changes. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition of them. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon information furnished by the plan administrator and the City for the October 1, 2010 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this infonnation for internal and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the plan administrator or the City. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, Theora P. Braccialarghe, FSA, MAY f A f Amrose, MAAA Enrolled Actuary No. 11-02826 Xnr Jed Actuary No. 11-06599 TPB/rh Gabriel Roeder Smith & Company CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND Impact Statement — January 13, 2012 Description of Amendment Under the provisions of the proposed ordinance, the overtime included in pensionable salary is limited to 300 hours per fiscal year for overtime earned on or after July 1, 2011. Additionally, with respect to unused sick leave and unused annual leave, salary will include the lesser of the time accrued prior to July 1, 2011, or the actual amount of accrued time for which the retiree receives payment at the time of retirement, at the then current rate of pay. Finally, the assumptions used to determine actuarially equivalent optional forms of benefit have been changed. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator Plan CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND SUPPLEMENTAL ACTUARIAL VALUATION REPORT City Of Okeechobee Municipal Police Officers' Pension Trust Fund Valuation Date October 1, 2010 Date of Report January 13, 2012 Report Requested by Board of Trustees Prepared by Theora P. Braccialarghe and Jeffrey Amrose Group Valued All active and inactive members in the Plan Plan Provisions Being Considered for Change ■ For service earned after July 1, 2011, salary shall not include more than 300 hours of overtime per fiscal year and shall also not include payments for accrued unused sick or annual leave. ■ Payments for overtime in excess of 300 hours per year or accrued unused sick or annual leave accrued as of July 1, 2011 and attributable to service earned prior to July 1, 2011, may still be included in pensionable salary, even if payment is made after July 1, 2011. ■ With respect to unused sick leave and unused annual leave accrued prior to July 1, 2011, salary will include the lesser of the time accrued on July 1, 2011 or the actual amount of accrued time for which the retiree receives payment at the time of retirement, at the then current rate of pay. ■ The Actuarial equivalence assumptions are changed from 8% interest and the 1983 Group Annuity Mortality Table to 7% interest and the 1994 Group Annuity Mortality Table. Participants Affected Active members who retire or become disabled and receive disability retirement benefits after the effective date of this proposed ordinance. Actuarial Assumptions and Methods Currently, unused sick time and vacation time are assumed to increase by 96 and 160 hours per year, respectively. To measure the proposed changes, we have changed this assumption to reflect no increases in the unused sick and vacation time. All other assumptions are the same as those shown in our October 1, 2010 Actuarial Valuation Report. Some of the key assumptions and methods are: Investment returns - 7.0% per year Cost Method - Aggregate Amortization Period for Any Increase in Actuarial Accrued Liability �IWn Summary of Data Used in Report See later page Actuarial Impact of Proposal(s) See attached page(s) Risks Involved With the Proposal Not Previously Exposed None Other Cost Considerations At October 1, 2010, the actuarial value of assets exceeded the market value by $351,976. This excess represents investment losses that have not been recognized yet. By the time such losses are fully recognized, the annual cost of the Plan will have increased by about $43,000. Possible Conflicts with IRS Qualification Rules None As indicated below, the undersigned are Members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the Academy of Actuaries to render the actuarial opinion contained herein. Gabriel, Roeder, Smith & Company B Theora P. Braccialarghe, FSA, MAKA Enrolled Actuary No 11-02826 Jeffre� Amrose, MAAA Enrolled Actuary No. 11-06599 COMPARATIVE SUMMARY OF VALUATION RESULTS AS OF OCTOBER 1 2010 Old 2010 New Change Covered Group A. Number of Participants Actives 19 19 0 Retirees, Disabilities, Beneficiaries and Vested Terminations 10 10 0 Total Covered Annual Payroll $ 965252 $ 959,376 $ (5,876) Long Range Cost B. Actuarial Present Value (APV) of Projected Benefits $ 7,847,459 $ 7,558,630 $ (288,829) C. Valuation Assets 5,666,207 5,666,207 0 D. APV of Prospective Contributions: (B) - (C) 2,181252 1,892,423 (288,829) E. Actuarial Accrued (Past Service) Liability per GASB No.25 5,659,633 5,546,001 (113,632) F. Funded Ration: (C) / (E) 100.1% 102.2% 2.1% Current Cost G. Total Normal Cost (for current year) For Benefits $ 242,403 210,959 $ (31,444) For Administrative Expense 19,008 19,008 0 261,411 229,967 Total Normal Cost (31,444) i Increase with Salary Scale 14,544 12,658 (1,886) Increase with Interest 1,331 1,331 0 Total 277,286 243,956 (33,330) H. Fiscal Year End to which Contributions Apply 2012 2012 0 1. Total Required Contributions if paid quarterly during the fiscal year in (H) 289,107 254,357 (34,750) As % of Payroll 29.95 % 26.51 % (3.44) % J. Expected Member Contributions in fiscal year (H) 45,947 45,635 (312) As % of Payroll 4.76 % 4.76 % 0.00 % K. Total Required City and State Contributions if paid quarterly during the fiscal year in (H) 243,160 208,722 (34,438) As % of Payroll 25.19 % 21.76 % (3.43) % L. Estimated State Premium Tax Refund 78,274 78,274 0 As % of Payroll 8.11 % 8.16 % 0.05 % M. Balance Required from City 164,886 130,448 (34,438) As % of Payroll 17.08 % 13.60 % (3.48) % DERIVATION OF NORMAL COST AS OF OCTOBER 1 2010 Old 2010 New 2009 A. Actuarial Present Value of Projected Benefits 1. Active Members Service Retirement Benefits $ 5,004,462 $ 4,748,219 $ (256,243) Vesting Benefits 240,786 226,000 (14,786) Disability Benefits 267,620 252,879 (14,741) Preretirement Death Benefits 49,787 46,800 (2,987) Return of Contributions 24,417 24,345 72 5,587,072 5,298,243 Total (288,829) 2. Inactive Members Service Retirees 1,927,717 1,927,717 0 Disability Retirees 120,311 120,311 0 Beneficiaries Receiving Benefits 117,480 117,480 0 Terminated Vested Members 94,879 94,879 0 2,260,387 0 Total 2,260,387 3. Grand Total 7,847,459 7,558,630 (288,829) B. Valuation Assets 5,666,207 5,666,207 0 C. Actuarial Present Value of Projected Normal Costs: (A)-(B) 2,181,252 1,892,423 (288,829) D. Actuarial Present Value of Projected i Covered Payroll 7,800,900 7,724,000 (76,900) E. Normal Cost Rate: (C) / (D) 27.962 % 24.501 % (3.461) % F. Annual Payroll of Active Members under Assumed Retirement Age 866,900 861,024 (5,876) G. Normal Cost for Benefits: (E) x (F) 242,403 210,959 (31,443) H. Normal Cost for Administrative Expense 19,008 19,008 0 I. Total Normal Cost: (G) + (H) 261,411 229,967 (31,443) STATISTICAL DATA 10/1/10 Old 10/1/10 New Change Active Partipants Number 19 19 0 Total Annual Earnings $ 916,190 $ 916,190 $ 0 Average Annual Earnings 48,221 48,221 0 Averages Current Age 40.7 40.7 0.0 Age at Employment 31.1 31.1 0.0 Past Service 9.6 9.6 0.0 Service at Age 55 23.9 23.9 0.0 Retirees and Beneficiaries Number 8 8 0 Total Annual Pension $ 170,357 $ 170,357 $ 0 Average Monthly Benefit 1,775 1,775 0 Average Current Age 61.2 61.2 0.0 (Retirees Only) Disability Retirees Number 1 1 0 Total Annual Pension $ 11,762 $ 11,762 $ 0 Average Monthly Benefit 980 980 0 Average Current Age 57.7 57.7 0.0 Terminated Members with Vested Benefits Number 1 1 0 Total Annual Pensions $ 11,208 $ 11,208 $ 0 Average Monthly Benefit 934 934 0 Average Current Age 50.3 50.3 0.0 ORDINANCE NO. 1083 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 1054; AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the City Police employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; and WHEREAS, the amendment of this ordinance to change the definition of actuarial equivalence, to change the percentage rate that future payments are discounted for interest and mortality, as well as amending the definition of salary to reflect permissible overtime, sick or annual leave from and after July 1, 2011, will have no actuarial impact on the plan; and WHEREAS, such changes are recommended by the Pension Board of Trustee's upon the advise of the plan's Actuary. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 1054, is hereby amended by amending Section 1, Definitions, to amend the definitions of "Actuarial Equivalent" and "Salary," to read as follows: Actuarial Equivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using eight seven percent (8 7%) interest and the 1983 Grattp Annuity Mortality Table for Males 1994 Group Annuity Mortality Table. This definition may only be amended by the City pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the plan's actuary, such that actuarial assumptions are not subject to City discretion. Sala ry means the total compensation for services rendered to the City as a Police Officer reported on the Member's W-2 form plus all tax deferred, tax sheltered or tax exempt items of income derived from elective employee payroll deductions or salary reductions. For service earned after Julv 1. 2011 (the "PffPctive dgh-") Salan/ shall Ordinance No. 1083 - Page 1 of 2 Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code as of the first day of the Plan Year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost -of -living increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of -living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. if the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member's contributions or benefits for the current Plan Year, the compensation for such prior determination period is subjectto the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 20" day of March, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing public hearing this 3" day of April, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1083 - Page 2 of 2 OKEECHOBEE POLICE PENSION BOARD MEETING February 13, 2012 Called to Order: 5:06 PM by Jamie Mullis Present: Bettye Taylor Bill Bartlett Ray Worley Absent: Chief Dennis Davis Russ Cale Jack Evatt of Bogdahn gave report: This is a synopsis The good news is that the last quarter was much better than the previous quarter. Seeing a recovery. Made a lot of the loss from the prior quarter back in the month of October. The S&P is back up about 12%. The S& P International did not bounce back quite like we wanted. The stories of Greece are still in the papers and until they get that fixed you will see the low returns. Value oriented stocks did really good. Value oriented stocks pay dividends. When people cannot get income anywhere else they derive income from the value oriented stock since bonds yields have continuously fallen. It is Election year which is generally a good thing. Going back to 1928 and forward there were 21 positive years and only 4 bad years one which was during the time of depression one was when the Tech bubble busted and then in 2008 when the housing market crashed. The last quarter Police plan started at $5,385,694.00 and ended at $5,741,585.00. The return is just under 7% for all three plans. We are at 34 percentile on the Gross Total Fund. It puts us in the 72% percentile rank on total equities. Bowen Haynes is a concentrated fixed income portfolio and does okay in the equities. Bowen Haynes is not where you want to be in fixed income. Bowen Haynes has you in the 100% percentile on fixed income. These are not where you want to be. They are more than 6% behind the bench mark in the last year. The percentile numbers are not where you need to be. Bogdahn thinks you can do better than this. Based on Bowen Haynes record since 2009 we feel we should look at getting a different manager for the fixed income side. Based on Bowen Haynes our record with them on fixed income is not high. We feel they are much better equity manager then they are fixed income manager. I think we should look at some alternatives at the next meeting and then if you're okay with where they are at least we have at least looked at other options. Our comfort level with them is not high. Bettye Taylor asked if he would recommend us taking just that one fund out and keeping them for the other funds. Jack Evatt advised that yes they are a much better equity manager then they are fixed income. There is some wording in the General plan that prohibits the purchase of Mutual Funds which needs to be fixed before they could look at Mutual Funds. A challenge that we face is to find a person who can manage the fund the way we want them to do it with the amount of assets we have. The easiest way is to go into a co -mingle fund so that the trade cost is not prohibitive. Bettye Taylor asked if the other funds he manages do they normally split the funds up with different managers. Evatt said that was the trend in the past to have one handle all but the funds are getting away from that now. He said that it is hard to find a firm that handles all of it well. He said that you are also dealing with economical rather than replication. You would get exactly the same security. Sometimes their close and sometimes they are volatility. It is certainly something we could do now and the performance would be close approximation of the index over the next quarter. Jamie Mullins asked Evatt how long it would take him to put this together. Evatt said it generally takes a month. He said he would go back to his analyst and tell them what we were looking they would do research and put it together in a book. Mullins said he thought we should look at the other options as soon as possible not wait till the next regular meeting. Christiansen and Evatt said we just needed to look at a manager for the Bond side of the money management. Christiansen said the Boards need to make a motion to authorize Bogdahn to search for investment bond managers for our review. Attorney Scott Christiansen: This is a synopsis Christiansen asked if everyone got copies of the Ordinances he sent to the boards. Police Ordinance is changing the definition of actuarial equivalent. This basically is the means that the actuarial calculates the various optional forms of benefits. The plan has been showing 8% rate where we have been using 7% for several years. Salary definition has changed to show how the sick/vacation pay would be handled due to the change in law lasts year. He advised he is appearing before the council on March 20 to go over the Ordinance. Fire does not include overtime or sick pay in their salary. He reviewed the Fire Department being required to work mandatory overtime. This is covered under fair labor standards. This money is covered under the pension and only applies to shifts that are worked every month. Billy Douglas advised that they are given days off instead of overtime pay. Billy Douglas advised they are given Kelly Days but this is not included in pay. After discussion, Christiansen said maybe he did not need the additional language if the Fire Department is not having required overtimes. Douglas advised that the only overtime paid is on volunteer status. Christiansen said he would remove this language from theirs and only approve the Actuarial Equivalent. Christiansen said the General Fund would need to have an Ordinance that gives them the right to invest in Mutual Funds. The Auditor letter was approved by Christiansen. He needs a signed letter from Police and Fire. Police and Fire Legislature currently pending. Legislature 365 deals with the presumptive and the use of State Money it has been changed a couple of times and in the house and senate committees now. The bills have changed considerable already. Advised they would continue to watch them but does not expect them to change anything this year. The task force that was assigned to study the presumptive for Police and Fire submitted a report. The two groups assigned did not agree on anything. The only two that they agreed was a wellness program and that it should be ineffective after a person turned 37 years of age. He advised this is just a report not a law at this time. Bettye Taylor questioned Christiansen about how an unmarried person sets up his beneficiary to be his children. Christiansen said if he chose 10 years certain he could pick more than one beneficiary. He advised that if the person goes into the DROP he will chose these options then. Janet McKinley asked if he left a beneficiary and something happened to that person was there a way to set it up so their beneficiaries got it. He suggested that the beneficiary designated their beneficiaries when they first start receiving it. forecast and people's views. He said some are optimistic and some are pessimistic so you get diversity if it is split up in small pieces with different managers. Bettye Taylor asked if we split these up would there be enough money in the funds to get someone to want to manage them that does a good job. Evatt advised that we would. Evatt was asked if he would feel comfortable saying this in front of Bowen Haynes at the next meeting. Evatt advised he would and had no problem talking to David from Bowen Hanes saying that with the results and history since 2009 and he has our fund in the 100% percentile which is not good. Evatt said after listening to the other managers if we don't find someone that can do what we want we don't have to change managers. Jamie Mullins said he did not want to get into a situation where we were paying all these managers the same fees. Christiansen advised we were paying Bogdahn 50 basis points. Evatt said he thought we could get bonds managed for less than this. Christiansen asked if we would have to pay a higher fee for them to only manage equities. Evatt said he did not know at this time. Evatt said Bowen Haynes numbers are not off the charts so they could not have a strong position right now. Bettye Taylor asked if we would not be better off to get some to just manage all of it. Evatt said he did not recommend having one firm manage all of it. Bettye Taylor asked Christiansen what his other boards are doing. Christiansen said the boards all are doing something depending on their sizes. Christiansen said even the smaller ones are having a separate person handle the bonds but some of them are letting one person doing it all. Bettye Taylor advised that the Police Board had discussed at their special meeting that they were not happy with the way the investment firm was handling our money. Christiansen advised we were paying SunTrust more than 50 basis points. Bettye Taylor asked if that was because they were also handling the custodian part of the plan. Janet McKinley said we were paying the custodian $4000.00 per year. He said it did have something to do with this. Christiansen asked Evatt if he was looking at Mutual Funds. Evatt said they had to look at that for the Fire Fighters Plan. Christiansen said he could find a bond manager for the General Fund due to the amount in it. Evatt said it was challenging to find a Bond Manager that would handle it due to the small amount of money and get a good one. He said it was a problem when they were trying to raise money or investment. He said it is more expensive to do this even through you don't see the fees it hurts the performance. He said he would consider it for all the plans. Christiansen said they had to tweak the language in the general fund Ordinance before they can invest in the Mutual Fund due to language in the Ordinance. Christiansen said this would put everyone on the same page and be able to co -mingle funds or invest in mutual funds. Evatt said if all the boards were in agreement he would bring back materials at the next meeting. Bettye Taylor asked if he was talking about bringing the people in at the next meeting. Evatt said he would bring material to look at so we could pick some firms we would like to meet with. Christiansen said it would not cost us any additional fees for Bogdahn. Bettye Taylor asked if we were talking about 3 months to see the material and then 3 months before we could meet them which mean we were dragging this out for 6 months and losing even more money. Evatt said an alternative would be if we decided today that the plans wanted to move from Bowen Haynes he could draft a letter terminating Bowen Haynes liquidating the portfolio and he could move us into an index fund with the exception of the General Fund. The index funds then would either be kept or moved elsewhere down the road. Index funds are not like S&P indexes. They are called sampling Regular Meeting adjourned at 6:10 PM Bill Bartlett called the Police Board meeting to order at 6:10 PM. Bill Bartlett made motion to accept minutes from November 7, 2011. Ray Worley seconded it. Motion passed all in favor. Bill Bartlett made motion to accept expenditures. Ray Worley seconded it. Motion passed all in favor. Ray Worley made motion to motion to authorize Bogdahn to search for investment bond managers for our review. Bill Bartlett seconded it. Motion passed all in favor. Ray Worley made motion to send Ordinance to City Council. Bill Bartlett seconded it. Motion passed all— m favor. --- Bill Bartlett made motion to close meeting. Bettye Taylor seconded it. Motion passed all in favor at 6:17 PM. Bettye Taylor --Secretary • i GRS Gabriel Roeder Smith & Company One East Broward Blvd. Consultanrs & .actuaries Suite 505 Ft. Lauderdale, FL 33301-1827 March 13, 2012 Ms. Janet McKinley, Financial Liaison City of Okeechobee 100 SW 5t' Avenue Okeechobee, FL 34974-4221 Re: Okeechobee Municipal Firefighters' Pension Fund Actuarial Impact Statement for Proposed Ordinance A10 Dear Janet: LXflIBIT 3 MAR 20, 2012 We have reviewed the proposed ordinance amending the Okeechobee Municipal Firefighters' Pension Fund drafted by Scott Christiansen and dated February 23, 2012. This ordinance would amend the Plan as follows: • Change the definition of actuarial equivalence. In our opinion, this amendment will have no actuarial impact on the Plan. The attached Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date Respectfully submitted, Theora P. Braccialarghe, FSA, AAA Enrolled Actuary No. 11-02826 cc: Scott Christiansen, Plan Attorney John Koepke, Board Chair ff Amrose, MAAA Enr ed Actuary No. 11-06599 OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND Impact Statement — March 13, 2012 Description of Amendment The proposed ordinance would change the assumptions used to determine actuarially equivalent optional forms of benefit. Funding Implications of Amendment There is no actuarial cost due to this ordinance. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator Gabriel Roeder Smith & Company ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 1055, AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the Firefighter employees are presently provided pension and certain other benefits under Ordinances of the City Okeechobee, and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; and WHEREAS, the amendment of this ordinance to change the definition of actuarial equivalent, and to change the percentage rate that future payments are discounted for interest and mortality, will have no actuarial impact on the plan; and WHEREAS, such changes are recommended by the Pension Board of Trustee's upon the advise of the plan's Actuary. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 1055, is hereby amended by amending Section 1, Definitions, to amend the definition of "Actuarial Equivalent," to read as follows: Actuarial Equivalent means that any benefit payable underthe terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using -eight seven percent (8 7%) interest and the 1983 Group Annuity Mortality Table for Males 1994 Group Annuity Mortality Table. This definition may only be amended by the City pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the plan's actuary, such that actuarial assumptions are not subject to City discretion. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 201h day of March, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Ordinance No. 1084 - Page 1 of 2 PASSED AND ADOPTED after Second and Final Public Hearing public hearing this 311 day of April, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY. - John R. Cook, City Attorney Ordinance No. 1084 - Page 2 of 2 F Ok ym City of Okeechobee sLL T Fire Department � y p 1915 February 13, 2012 Okeechobee City Firefighters Pension Board Meeting Trustees Present- Bill Douglas, John Koepke, Mike Skipper. A motion was made by John Koepke, second by Mike Skipper to accept the minutes of November 7, 2011, motion passed. A report was given by The Bogdahn Group on the quarterly performance, it was a positive quarter. Discusses Market Enviroment. Fund value as of 9/30/11 $2,317,400. As of 12/31/11 $2,493,157. Discusses Comparitive Performance Trailing Returns as of 12/31/11. A discussion was held of possibly hiring a bond manager. The Bogdahn Group rep will bring materials for the boards to look at. Police pension fund not happy with the performance of Bowen Hanes. A motion was made by Mike Skipper, second by John Koepke, to allow Bogdahn Group to do a manager search for bonds, motion passed. Attorney Christiansen discusses the ordinance change, Actuarial Equivalent and Salary. The Fire Department will only have the Actuarial Equivalent in the ordinance. Also discusses Auditor letter that needs to be signed by boards. Also advises of bills going through the House and Senate. M ting Adjorned John Koepke, Chairman William Douglas, Secretary 55 S.E. Third Avenue a Okeechobee, Florida 9 34974-2932 * 863-467-1586 . Fax: 863-763-4489 TO: Mayor & Council DATE: March 13, 2012 EXHIBIT d!//arch 20, 2012-4�enda MEMORANDUM FROM: City Clerk Gamiotea J10 SUBJECT: Proposed ordinance addressing F.S. 166.031(6) While reviewing our election code and current Florida Statutes, I realized that we only address half of the requirement listed in F.S. 166.031(6), "Each municipality shall by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawn, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office." From my notes, I was able to realize that sometime between 2000 and 2001, when we were working on the code book overhaul project, the attorney for Municipal Code Corp. noted that we did not have a section in our Elections Chapter addressing the second part of the above statute, therefore Sec. 26-13 was added. Then, there were several editorial changes between the Charter and Code Book Chapter 2, Administration, including the creation of Sec. 2-36 "The city council shall fill all vacancies in all city offices which may become vacant by death, removal, resignation or otherwise." However, this was existing language in the Charter as well. I've researched how several other cities address the matter. Each have a clear policy on filling vacancies for elected offices. In other areas they address how `offices' are filled as they relate to a department head type of meaning. I reviewed all this material with Attorney Cook, and he agreed we should have a clear adopted policy and list the procedures for carrying out how the vacancy should be filled. I would like to point out that we did not address, in the procedures, whether filling the vacancy around the time of qualifying to run for a city office should be different. Some cities listed in their procedures that if the vacancy was within a certain time frame of qualifying week, the position would not be filled. However, if we did this, we would only have a four member council from at least August to January. I hope this explains, without dragging it out, the purpose for needing the ordinance to be adopted. Your consideration is greatly appreciated. As always, let me know if you have any questions. Thank you. ORDINANCE NO. 1085 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE II CITY COUNCIL, CREATING SECTION 2-39 FILLING OF VACANCIES IN ELECTIVE OFFICES; PROCEDURES; PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statute 166.031(6) as adopted by the Florida Legislature, municipalities shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filing a vacancy in candidacy caused by death, withdrawn, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office; and WHEREAS, the City of Okeechobee's Charter, as amended, does not provide for such procedures for filing a vacancy of an elected official of the City; and WHEREAS, Code Book Section 26-13, addresses only a portion of Florida Statute 166.031(6) by specifically providing for alternate procedures in case of death, withdrawal or removal of a candidate following the end of the qualifying period which leaves fewer than two candidates for an office; and WHEREAS, the City of Okeechobee finds it in the best interests of its citizens to clearly provide procedures to fill the vacancy of any City elected official's office and to comply with applicable laws. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City and enact the following ordinance to be effective throughout the City of Okeechobee: Section I. That Chapter 2, Article II City Council of the City Code of Ordinances is amended as follows: Sec. 2-39. Filling of vacancies in elective offices; procedures. Should any vacancy occur at any time in any elective office of the City of Okeechobee, whether by death, resignation, forfeiture, or otherwise, the same shall be promptly filled by the appointment of a qualified person by a majority vote of the City Council. Said appointee shall hold office until the next general election, or until his successor is duly elected and qualified. Procedures to make appointment., (1) Upon being notified of such vacancy, the Mayor or his designee, shall instruct the City Clerk to publish a notice of vacancy in a newspaper of general circulation, with directions and date to apply for the position. (2) The City Clerk shall create an application packet, with a specified deadline, for qualified electors of the City of Okeechobee, interested in being considered for appointment to the elected office and to compile same for distribution to the City Council. (3) The City Council shall fill the vacancy, by majority vote, at a duly advertised City Council meeting within 60 days of the notice being published. Page 1 of 2 SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABUTY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. INTRODUCED for first reading and set for public hearing on the 201" day of March, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after second and final reading at a public hearing held this 3rd day of April, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 t �� Proposed Ordinance 1085 �.-3 (of -VCJrn Please consider all of the provisions of the attached two statutes, as well as the summaries of cases interpreting them, and give consideration to whether the proposed Ordinance 1085 constitutes an amendment to the City's charter. I believe that, arguably, it might, and given that the proposed ordinance places the replacement of a Council member in the hands of four Councilmen, rather than the electorate, that we should proceed very deliberately and cautiously before making this change. �. maxwel( Yhema Pale qo�' • 1W LexisNexis� 1 of 1 DOCUMENT 13-2oI2 Page 1 Crd Ia8.5 V� LexisNexis (R) Florida Annotated Statutes CAL > Copyright (c) 2012 by Matthew Bender & Company, Inc. a member of the LexisNexis &r6u .J P All rights reserved. *** Statutes and Constitution are current through Act 2011-269 of the 2011 Regular Session. *** *** Annotations are current through February 17, 2012. *** TITLE 12. MUNICIPALITIES (Chs. 165-185) CHAPTER 166. MUNICIPALITIES PART I. GENERAL PROVISIONS GO TO FLORIDA STATUTES ARCHIVE DIRECTORY Fla. Stat. § 166.031 (2012) § 166.031. Charter amendments (1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a refer- endum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previ- ously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restrictions by the municipality on any employee's or employee group's political activity, while not working, in any referendum changing employee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Con- stitution or Federal Constitution. (6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate fol- lowing the end of the qualifying period which leaves fewer than two candidates for an office. HISTORY: S. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Page 2 Fla. Stat. § 166.031 FLORIDA STATUTES REFERENCES Chapter 166. Municipalities, F.S. § 166.021. Powers. LexisNexis (R) Notes: CASE NOTES 1. Filing a petition does not automatically constitute compliance with the 10 percent threshold requirement set forth in Fla. Stat. § 166.031 (2001) because the signatures on those petitions have not yet been verified as having been submit- ted by "registered electors as of the last preceding municipal general election," as required under ch. 166.031. Guetzloe v. City of Daytona Beach, 901 So. 2d 415, 2005 Fla. App. LEXIS 7568 (Fla. 5th DCA 2005). 2. Fla. Stat. § 166.031 provides the procedure by which the citizens of a municipality could amend their charter by ref- erendum; the exercise of the amendment power was not restricted to the town commission. Ennis v. Town of Lady Lake, 660 So. 2d 1174, 1995 Fla. App. LEWS 10204 (Fla. 5th DCA 1995). 3. Specific vesting of legislative authority in city counsel under state statute coupled with the absence in the city charter of any language that remotely suggested the extension of the petition and referendum power under Fla. Stat. § 166.031 to include ordinances, considered in light of the legislative expansion of city counsel's authority to amend the charter without referendum under Fla. Stat. § 78.536, disclosed a legislative intention to exclude the right to adopt or repeal ordinances by referendum. Holzendorf v. Bell, 606 So. 2d 645, 1992 Fla. App. LEXUS 9770 (Fla. 1st DCA 1992). 4. Because a city charter's single -subject provision did not apply to charter amendments proposed through an initiative petition filed pursuant to Fla. Stat. § 166.031(1) (1997), the trial court erred by permanently enjoining implementation of a proposed amendment to a city charter. Shulmister v. Larkins, 856 So. 2d 1149, 2003 Fla. App. LEMS 16180 (Fla. 4th DCA 2003), review denied by 884 So. 2d 22, 2004 Fla. LEMS 1592 (Fla. 2004). OPINIONS OF ATTORNEY GENERAL 1. A referendum was required to approve an amendment to city's charter that would have required candidates seeking election to the city council to designate which council seat they were seeking to fill prior to the election. Such an amendment would fall within the proscription of Fla. Stat. § 166.02](4) requiring that a change in the manner of elec- tion of elected municipal officers be approved by referendum of the electors as provided in Fla. Stat. § 166.031. AGO 2010-54, 2010 Fla. AG Lexis 298. 2. Fla. Stat. § 165.051 provides the exclusive manner in which a municipality may be dissolved, by either a special act of the Legislature or an ordinance of the governing body of the municipality, approved by vote of the qualified voters, thereby precluding such action by amendment of the municipality's charter pursuant to Fla. Stat. § 166.031. AGO 2010-24, 2010 Fla. AG Lexis 118. Page 3 Fla. Stat. § 166.031 3. A city may amend its charter, subject to the provisions in Chapter 166, Florida Statutes, to address operating ex- penditure limitations. AGO 2010-02, 2010 Fla. AG Lexis 2. 4. Charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, in 1973 must comply with the procedures set forth in Fla. Stat. § 166.031. AGO 2009-47, 2009 Fla. AG Lexis 79. 5. City may, by the same referendum, amend its charter to change the terms of elected officers from two years to four years and extend the terms of the currently elected mayor and two of the commissioners by one additional year. Charter amendments designed to effectuate changes in the term of office of municipal officers such as changing from a two-year to a four-year term do not fall within the scope of the exception contained in Fla. Stat. §§ 166.021(4) and 100.3605(2) and must be accomplished by referendum. AGO 2009-47, 2009 Fla. AG Lexis 79. 6. The legislative directive in Fla. Stat. § 166.031 as to how a municipal charter is to be amended is, in effect, a prohibi- tion against its being done in any other way. AGO 2009-43, 2009 Fla. AG Lexis 62. 7. Procedure for amending municipal charters in Fla. Stat. § 166.031 prevails over city charter adopted subsequent to Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, and would require referendum approval for any changes to the city's charter, except those specifically enumerated in Fla. Stat. §§ 166.021 and 166.031. AGO 2009-43, 2009 Fla. AG Lexis 62. 8. Local legislation providing for filling vacancies on appointive municipal boards would not appear to act as a charter amendment in possible violation of Fla. Stat. § 166.021 or Fla. Stat. § 166.031, as the municipal charter contained no provision for filling vacancies on such boards. AGO 2009-43, 2009 Fla. AG Lexis 62. 9. It would appear that requiring referendum approval for capital expenditures exceeding a specific amount is an ac- cepted restriction upon the exercise of a municipality's home rule power. Accordingly, a city's charter may be amended by a petition initiative pursuant to Fla. Stat. § 166.031 to require voter approval of any capital improvement project ex- ceeding $500,000. AGO 2009-12, 2009 Fla. AG Lexis 17. 10. While Fla. Stat. § 166.031(5) authorizes a municipality, by unanimous vote of the governing body, to abolish mu- nicipal departments, the clear language of the statute does not extend to include officers within its terms. A city may amend the city charter to abolish charter offices only if such amendment is approved by referendum of the qualified electors of the municipality pursuant to Fla. Stat. § 166.031. AGO 2008-38, 2008 Fla. AG Lexis 40. 11. The title for Chapter 95-178, Laws of Florida reflects an intent of the Legislature to permit municipalities to amend their charter to change the election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum. Such an intent would appear to include those matters in the charter required for the orderly transition of office resulting from such election date changes. AGO 2007-40, 2007 Fla. AG Lexis 47. 12. City charter may be amended by ordinance to change the date of the yearly organizational meeting at which the vice -mayor is selected; however, any other change to the charter relating to the organizational meeting would require approval by the electorate. AGO 2007-40, 2007 Fla. AG Lexis 47. 13. An amendment to a town charter proposed and approved pursuant to Fla. Stat. § 166.03](1) does constitute "action of a governmental entity" as that term is defined and used in the Bert J. Harris, Jr., Private Property Rights Protection Act; any new rules, regulations, or ordinances adopted by the town to effectuate the terms of the amendment to the charter would also constitute "action of a governmental entity" as that term is defined and used in the act, and the au- thority to determine whether such action gives rise to a claim under the act is expressly vested in the judicial branch. AGO 2006-31, 2006 Fla. AG Lexis 28. 14. A city council may not amend its city charter by ordinance, and without referendum, to change the amount of salary or compensation paid to the mayor and city council members. AGO 2006-10, 2006 Fla. AG Lexis 6. Page 4 Fla. Stat. § 166.031 15. Charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act in 1973 must comply with the procedures set forth in Fla. Stat. § 166.031, which require that an ordinance passed by the governing body of the city amending the charter be approved by referendum of the voters. AGO 2006-10, 2006 Fla. AG Lexis 6. 16. Charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act in 1973 may only be amended as provided in Fla. Stat. § 166.031; accordingly, the City of Belleair Beach and the Town of Kenneth City may not amend their charters by ordinance to change the date of the induction of newly elected council members, absent referendum approval or absent a change by the Legislature to the Florida Statutes. AGO 2005-57, 2005 Fla. AG Lexis 63. 17. The City of Lauderdale Lakes, pursuant to sections 166.02](4) and 100.3605, Florida Statutes, may amend its city charter by ordinance to move the dates of city elections from March to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November, when the existing charter was last amended in January 1998. AGO 2003-52, 2003 Fla. AG LEXIS 96. 18. The Town of Lauderdale -By -The -Sea may propose an amendment to the town's charter to enlarge the mayor's term of office from two to four years, effective upon approval, at the same election in which the mayor is to be elected. AGO 2003-38, 2003 Fla. AG LEWS 82. 19. The Charter of the City of Hallendale Beach, which was adopted in 1976, may not be amended to provide that future amendments to the charter may be made by the city commission without referendum with the exception of certain pro- visions; rather the city charter must be amended in accordance with the provisions of section 166.031, Florida Statutes. AGO 2003-36, 2003 Fla. AG LEXIS 80. 20. A municipal charter may not conflict with the provisions of section 166.031, Florida Statutes, which guarantees to electors of a municipality the right to petition the municipality to amend any part or all of the municipal charter with the exception of that part describing the municipality's boundaries. However, a charter provision limiting the electors' initia- tives for the adoption of municipal ordinances is not covered by section 166.031, Florida Statutes, and thus a municipal charter may limit the subjects of such electors' initiatives. AGO 2002-79, 2002 Fla. AG LEWS 124. 21. The Ocala City Council is required to submit to referendum an amendment of certain language contained in a sec- tion of the city charter that was amended in 1974, and approved by referendum, even though the 1974 amendment did not change the specific language in question. Any amendment of the section would have to be conducted in accordance with the provisions of section 166.031, Florida Statutes. AGO 2001-43, 2001 Fla. AG LEXUS 47. 22. As Fla. Stat. § 166.03](1) requires a petition to amend a city charter to have signatures of ten percent of the regis- tered electors as of the last preceding municipal general election, a reasonable construction of the statute is that signa- tures are valid for two years. AGO 1998-27, 1998 Fla. AG Lexis 27. 23. The purpose of Fla. Stat. § 166.031(1) is to enable the electors of the municipality to place an amendment to the charter on the ballot. AGO 1998-27, 1998 Fla. AG Lexis 27. 24. Elections, transfer of power to canvassing board, AGO 1997-53, 1997 Fla. AG LEUS 87. 25. Municipalities--Elections--Transfer Of Powers --delegation of canvassing board duties imposed by city charter to countywide canvassing board absent charter provision or referendum. ss. 166.021 and 166.031, Fla. Stat., AGO 1997-53, 1997 Fla. AG LEUS 87. 26. A city commission may not, without an approving referendum, amend provisions of a municipal charter relating to the procedures by which municipal officers are elected, such as changing the date of filing nominating petitions or of canvassing and certifying elections; the Legislature, however, may by special act effect such changes, provided that notice of its intent to seek enactment of the special act is published as required by the Constitution and general law or the special act is approved by referendum. AGO 1995-35, 1995 Fla. AG Lexis 35. Page 5 Fla. Stat. § 166.031 27. City Commission of the City of Tallahassee may not amend its charter by ordinance to provide for a change in the date on which municipal elections will occur since such a change will affect "the terms of elected officers" and, pursu- ant to Fla. Stat. § 166.02](4), must be the subject of approval by referendum. AGO 1994-31, 1994 Fla. AG Lexis 51, 28. The amendment of a city's charter is governed by Fla. Stat. § 166.031, and no alternative method of charter amend ment may be used. AGO 1993-23, 1993 Fla. AG Lexis 33. 29. Charter amendment provision in city charter was either nullified and repealed or converted to an ordinance by pas- sage of the Municipal Home Rule Powers Act, Part I, Chapter 166, Florida Statutes, Fla. Stat. § 166.011 et seq., and would have no effect upon amendments to city charter. AGO 1993-23, 1993 Fla. AG Lexis 33. 30. Procedure for amending municipal charters in Fla. Stat. § 166.031 prevails over any conflicting provision in a future charter adopted for the city. AGO 1993-23, 1993 Fla. AG Lexis 33. 31. The structure and powers of the Jacksonville Police and Fire Pension Board of Trustees may be altered by a subse- quent act of the Legislature or, as provided in Fla. Stat. § 166.02](4), by charter amendment after approval by referen- dum. AGO 1992-35, 1992 Fla. AG Lexis 40. 32. The Jacksonville Police and Fire Pension Board of Trustees must utilize the provisions of Fla. Stat. § 112.061 re- garding reimbursement of board members for per diem and travel expenses; however, the board is authorized to estab- lish its own accounting regulations, personnel rules, and purchasing policies, and the pension board of trustees is not required to submit its annual budget to the Jacksonville City Council for approval. AGO 1992-35, 1992 Fla. AG Lexis 40. 33. Fla. Stat. § 166.031 would allow the city's charter to be amended to require referendum approval for the issuance of all municipal bonds. AGO 1990-38, 1988 Fla. AG Lexis 38. 34. Fla. Stat. § 166.03](2) does not prescribe the effective date of any municipal charter amendment but provides gen- erally for the consolidation of such amendments and the municipal charter into a revised charter and the prospective effectiveness of such a revised charter. AGO 1989-92, 1989 Fla. AG Lexis 101. 35. The provisions of Fla. Stat. § 166.031 would prevail over conflicting provisions in the City of Cape Coral charter; whether particular local legislation complies with the single subject requirement of Fla. Stat. § 166.04](2) is a judicial question, but in making such a determination, Florida courts have held that the subject of an act may be as broad as the legislative body chooses as long as the matters included in the act have a natural or logical connection. AGO 1989-30, 1989 Fla. AG Lexis 30. 36. The provisions of Fla. Stat. § 166.031 prevail over conflicting provisions contained in a municipal charter; Fla. Stat. § 166.031 permits changes to a municipal charter to be proposed by the governing body or by petition of the electors of the municipality. AGO 1988-30, 1988 Fla. AG Lexis 28. 37. The governing body must submit its proposed amendment to the municipal charter to the electors by ordinance; provisions of Fla. Stat. § 166.03](3) are supplemental to other provisions of state law. AGO 1988-30, 1988 Fla. AG Lexis 28. 38. Until legislatively or judicially determined otherwise, under the Municipal Home Rule Powers Act of 1973 the City of Sarasota may amend by ordinance and without referendum approval its former charter provisions relating to removal of an appointed city manager which were converted to ordinances by operation of Fla. Stat. § 166.02](5), AGO 1986-64, 1986 Fla. AG LEUS 45, 1986 Op. Atty Gen. Fla. 151. 39. So long as and to the extent that any changes in or amendments to the ordinance establishing the retirement fund or system of the City of Fort Pierce established pursuant to ss. 15, 16 and 17, ch. 57-1331, Laws of Florida, as amended, fall within the parameters of these statutory provisions and do not cause the rate of interest for computing contributions and benefits to exceed or fall below the amounts prescribed by the act, approval by referendum of the electors is not Page 6 Fla. Stat. § 166.031 required but such changes and amendments may be made by a duly enacted ordinance of the City Commission of the City of Fort Pierce. AGO 1983-87, 1983 Fla. AG LEXIS 17; 1983 Op. Atty Gen. Fla. 235. 40. Appointment of alternate members with voting power to an appointive municipal civil service board created by spe- cial law enacted prior to July 1, 1973 is a matter that can only be accomplished by the governing board of the munici- pality by a charter amendment with the approval by referendum of the electors of the municipality as prescribed by Fla. Stat. § 166.031, AGO 1983-39, 1983 Fla. AG LEUS 64; 1983 Op. Atty Gen. Fla. 972. 41. A municipal charter may be amended pursuant to s. 2(a), Art. VIII, State Const., and Fla. Stat. § 166.031, so as to add provisions thereto which would serve to limit or restrict the exercise of specific corporate, legislative and govern- mental powers, except for those enumerated in s. 2(c), Art. VIII, State Const., and Fla. Stat. § 166.021(3)(a) which the municipality or its legislative and governing body would otherwise be empowered to exercise pursuant to s.2(b), Art. VIII, State Const., and the Municipal Home Rule Powers Act, ch. 166. AGO 1982-101, 1982 Fla. AG LEXUS 2; 1982 Op. Atty Gen. Fla. 234. 42. The requirement contained in the charter (or ordinances) of the City of Fort Myers that all checks for delivery of city funds must be approved by the city council before delivery constitutes a function or power in the nature of a check -and -balance type of power possessed by the city council as a body and is a check upon the administrative or ex- ecutive officers and employees of the city and is not a "distribution of powers among elected officers" of the city within the scope or for purposes of Fla. Stat. § 166.02(4); since no function or power of the elected executive and administra- tive head of the city government or any other elected or appointive officer of the city would be affected by the amend- ment or repeal of such charter (or ordinance) provision or requirement, it may be amended or repealed by ordinance without a referendum of the electors approving such amendment or repeal. AGO 1982-98, 1982 Fla. AG LEWS 8; 1982 Op. Atty Gen. Fla. 228. 43. Until judicially determined otherwise, Fla. Stat. § 166.031(1), authorizes the electors of a municipality by referen- dum to amend the municipality's charter, i.e., its creative act and amendments thereto relating to the powers of the mu- nicipal corporation, and does not authorize the electors to propose and effect amendments by referendum to acts of the state Legislature creating a separate public corporation or public quasi -corporation for limited and specialized municipal purposes. AGO 1981-92, 1981 Fla. AG LEXIS 11; 1981 Op. Atty Gen. Fla. 248. 44. Pursuant to Fla. Stat. § 166.02](4), a referendum is required to amend the Crestview City Charter by removing the police and fire departments from the control of the mayor and placing them under the council, since this change would affect the distribution of powers among elected officials. AGO 1981-74, 1981 Fla. AG LEMS 29; 1981 Op. Atty Gen. Fla. 206. 45. In the absence of any special law or charter otherwise providing, the governing body of the City of Sweetwater may create by ordinance, without a referendum, the position of City Administrator or City Manager responsible to the city council and not to the mayor. AGO 1981-28, 1981 Fla. AG LEWS 76; 1981 Op. Atty Gen. Fla. 948. 46. Based upon excerpts from the city's code of ordinances and supplemental information supplied to this office, the Inspection Superintendent (denominated in the code as "building official") of the City of Pensacola is a municipal of- ficer and as such may not lawfully be appointed to or hold office as a member of a semiautonomous board vested with and exercising a portion of the governmental or sovereign power of the city. As with the several officers of the city above named and subject to the same conditions, the city inspection superintendent may be designated to perform ex officio the duties of such semiautonomous board. AGO 1980-97, 1980 Fla. AG LEXIS 10. 47. Based upon the supplemental information and materials supplied to this office, the City Engineer of the City of Pensacola is an employee of the city and as such may be lawfully appointed for a fixed term to membership on a semi- autonomous board which is vested with and exercises a portion of the governmental or sovereign power of the city. The dual -office holding provisions of s. 5(a), Art. II, State Const., do not apply to or operate on employments. AGO 1980-97, 1980 Fla. AG LEMS 10. • • Page 7 Fla. Stat. § 166.031 48. The Lake Wales City Commission may not unilaterally amend the municipal charter but may only propose an amendment which must be submitted to the municipal electors for their approval at a referendum held for that purpose. AGO 1979-80, 1979 Fla. AG LEWS 35; 1979 Op. Atty Gen. Fla. 204. 49. Florida law clearly requires that the boundaries of a municipality remain in its charter and that the charter be amended or revised whenever the boundaries are changed, with the amendment or revision filed with the Department of State. The Municipal Home Rule Powers Act by implication preserved as a part of the charters of the municipalities affected those charter boundary articles or provisions existing at the time of the enactment of that act. AGO 1979-34, 1979 Fla. AG LEWS 80; 1979 Op. Atty Gen. Fla. 82. 50. The charter of the City of Flagler Beach requires all ordinances and resolutions to be submitted to the mayor for his approval. The charter also gives the mayor an unqualified "power of veto." The charter authorizes the commission to override the veto of a resolution as well as an ordinance. The Flagler Beach charter does not authorize the mayor to veto "sundry motions and actions" of the commission. AGO 1979-22, 1979 Fla. AG LEMS 91; 1979 Op. Atty Gen. Fla. 48. 51. Under the Municipal Home Rule Powers Act of 1973, the city council may, by ordinance, amend the former charter provisions pertaining to tenure and removal or suspension of appointed municipal officers. Also, the city having adopt- ed the State Minimum Building Code, the city council may, by ordinance, in the exercise of its home rule powers, amend its building construction code to modify the provisions thereof relating to the building official, his tenure, and his removal or suspension from office; provided, however, such amended building code is a stringent as, or more stringent than, the statutorily specified model building codes. AGO 1979-21, 1979 Fla. AG LEXIS 95; 1979 Op. Atty Gen. Fla. 46. 52. A municipal charter may be amended so as to provide for the election of city commissioners from single -member districts, but only after approval thereof by a majority of the electors of the municipality voting thereon, regardless of whether such amendment is proposed by ordinance or by petition; if such an amendment is duly adopted and the charter duly revised in accordance therewith, the city commissioners' district lines must be drawn in accordance with the boundaries of the county precincts located in the municipality. AGO 1978-61, 1978 Fla. AG LEMS 110; 1978 Op. Atty Gen. Fla. 1556. 53. The governing body of a municipality, if authorized to do so by the city charter, has the power to delineate city commission election districts, but in doing so may not "split" or otherwise alter election precincts established by the board of county commissioners. AGO 1978-32, 1978 Fla. AG LEWS 136; 1978 Op. Atty Gen. Fla. 718. 54. City commission districts may be formed upon the basis of population figures or voter registration figures, but voter registration figures may be used only insofar as the distribution of registration figures approximates the distribution of a population base. AGO 1978-32, 1978 Fla. AG LEWS 136, 1978 Op. Atty Gen. Fla. 718. 55. A municipal charter which vests all powers of the city in the governing body and which authorizes the mayor "to appoint a member of the city council to supervise and direct any particular phase of the government of the city..." con- templates a commission form of government wherein executive and legislative power is vested in the city council. Un- der such charter, the mayor is authorized to select a councilman and assign or appoint him to supervise and direct a par- ticular phase of the municipal government. AGO 1978-31, 1978 Fla. AG LEWS 135; 1978 Op. Atty Gen. Fla. 688. 56. The phrase "any change in the form of government" in Fla. Stat. § 166.02](4), contemplates a change in the alloca- tion of the basic policymaking and administrative functions of municipal government (as from a strong mayor form to a city manager form). Amendments to municipal charter provisions adopted prior to July 1, 1973, the effective date of the Municipal Home Rule Powers Act, may be made by ordinance if such changes do not affect the basic organizational and administrative structure of the municipality's government (and if such changes do not fall within any of the other excluded areas -- such as rights of municipal employees -- set forth in Fla. Stat. § 166.021[4]). Charter provisions adopted or readopted subsequent to the effective date of the Municipal Home Rule Powers Act may be amended only pursuant to Fla. Stat. § 166.031, AGO 1977-135, 1977Fla. AG LEWS 10; 1977 Op. Atty Gen. Fla. 292. 57. Although the Municipal Home Rule Powers Act (Fla. Stat. Ch. 166) nullified and repealed or converted into munic- ipal ordinances many provisions of the Charter of the City of Tamarac as that charter existed on the effective date of the • • Page 8 Fla. Stat. § 166.031 Municipal Home Rule Powers Act, October 1, 1973, the charter was apparently restored to its original status (as subse- quently amended in February 1973 and March 1974) by referendum held in that city in June 1974 and may now be amended only as provided in Fla. Stat. § 166.031. AGO 1975-223, 1975 Fla. AG L=S 242. 60. A city council may not look beyond the valid form of an initiative petition in order to determine whether it should be placed on a ballot. AGO 1974-69, 1974 Fla. AG LEWS 47. 61. Approval by a majority of the electors voting in a referendum is necessary in order to change the name of a munici- pality under Ch. 73-129, Laws of Florida (Fla. Stat. §§ 166.021 and 166.031). AGO 1973-491, 1973 Fla. AG LEMS 148; 1973 Op. Atty Gen. Fla. 819. 62. Under Ch. 73-129, Laws of Florida, municipal charter provisions relating to the creation or existence of a munici- pality, term of elected officials and the manner of their election, distribution of powers among elected officers, matters relating to appointive boards, any change in the form of government, or any rights of municipal employees can only be changed by a referendum of the electorate. Legislation in the areas of annexation, merger, and the exercise of ex- tra -territorial powers must be enacted by the state legislature. All other municipal charter provisions are now either nul- lified and repealed, or have become ordinances. AGO 1973-478, 1973 Fla. AG LEXIS 135; 1973 Op. Atty Gen. Fla. 800. 63. Fla. Stat. § 166.03](1), created by Ch. 73-129, Laws of Florida, does not limit the governing body of a city from amending or repealing by ordinance provisions of the existing charter which by Fla. Stat. § 166.021(5), are deemed ordinances. AGO 1973-301, 1973 Fla. AG LEXUS 78; 1973 Op. Atty Gen. Fla. 507. LAW REVIEWS 1. Home Rule, Christopher C. Sanders and Kimberly M. Johnson, Spring 1997, 26 Stetson L. Rev. 1003. 2. Land -Use Planning & Zoning: Comprehensive Plan In Compliance: City of Cocoa Beach v. Vacation Beach, Inc., 852 So. 2d 358 (Fla. 5th Dist. App. 2003), Jason M. Bard, Winter 2004, 33 Stetson L. Rev. 778. 3. Local Government Law Symposium: Hometown Democracy -- The St. Pete Beach Experience, Michael S. Davis And Nicole C. Armstrong, Spring 2009, 38 Stetson L. Rev. 491. 4. Recent Development: Elections, Dustin Duell Deese, Spring 2003, 32 Stetson L. Rev. 601. 5. Recent Development: Land -Use Planning & Zoning: Comprehensive Plan In Compliance: City of Cocoa Beach v. Vacation Beach, Inc., 852 So. 2d 358 (Fla. 5th Dist. App. 2003), Jason M. Bard, Winter 2004, 33 Stetson L. Rev. 778. 6. Recent Development: Municipal Authority, Frances Shefter, Winter 2006, 35 Stetson L. Rev. 709. 7. Restoring Accountability at The Municipal Level: The "Save Miami Beach" Zoning Referendum, Brian L. Lerner, April 1999, 53 U. Miami L. Rev. 541. d i,;kt 6cJed at U- - hdo4t d -A) C-IPrn CAS Governmental Services, LLC (Communication Advocacy Specialists) M. Dale Milita Ken Grimes Connie Vanassche 2012 LEGISLATIVE REPORT For City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34972 Mayor James E. Kirk Council Member Dowling Watford Council Member Clayton Williams Council Member Mike O'Conner Council Member Devin Maxwell *We were able with the help of our legislators to change the Department of Health bill to prevent the transfer of the local health departments to the counties. *On the tangible personal property tax we were able to work with the sponsors and the Governor's office to change the language increasing the exemption but not totally repealing, which, would have had extremely adverse impacts to small rural counties. Representative Ben Albritton was very active and instrumental in helping us achieve these changes. *We were able to repeal the septic tank language from Senate Bill 550 requiring inspections. *The fertilizer issue for local governments failed as did the requirements on boards to have public testimony. *We were also successful in defeating the repeal of the local business tax bill *The contracting bill SB 206 passed but we were successful in removing the requirement that local governments post all contracts on a state website. In the area of law enforcement — *We were able to pass HB 1175 that clarifies additions to the synthetic drug statute. *We assisted in legislation that allows for sworn law enforcement officers to fill in on 911 communications. *Assisted in preventing changes in drug weights that would have been overreaching, *We helped pass HB 885 on Secondary Metals. *We worked to keep the process of driver exchange forms in law in the PIP reform bill. Other issues included the legislative defeat of the prison privatization, however the Governor still has the power to make such changes if he wishes under current law. *Term_ limits on Constitutional Officers and County Commissioners in Charter Counties was defeated. Some things that did pass that are of concern: *The Medicaid bill HB 5301 passed on the last night of session requiring payment of backlogs going back to 2001 in a five year repayment plan and a going forward billing process where revenue sharing dollars are taken as payment. *Also, passed was HB 809 the Communication Services tax bill which will have a negative impact on local government revenues. *We were able to pass in HB 503 language granting permit exemptions to OUA. *HB 639 reclaimed water is now not subject to consumptive use permitting. We were also able to include some budget items of interest to our localgovernments: We have also left some other budgets in our report because during the legislative delegation hearings the City supported the County and OUA issues as well as the Citieas. Line Item: 1192 SPECIAL CATEGORIES - Grants and aids — Grants to Fiscally Constrained Counties for Detentions Center Costs From General Fund Revenue $3,883,853.00 Line Item: 3053 SPECIAL CATEGORIES — Fiscally Constrained Counties, Conservation Lands — From General Revenue Fund. $ 537,260.00 Line Item: 3054 SPECIAL CATEGORIES — Fiscally Constrained Counties from General Revenue fund. $28,800,000.00 Line Item: 1683A Grants and Aids to Local Governments and Non -State Entities — Fixed Capitol Outlay, Grants and Aids — Water Projects from General Revenue Fund. $19,060,335.00 Nonrecurring funds in Specific Appropriation 1683A from the General Revenue Fund shall be used for the following water projects: City of Okeechobee - Park of Commerce - Storm -water....... $200,000. City of Okeechobee - Storm -water Retrofit ................... $250,000. Okeechobee Utility Authority - Wastewater Improvements...... $550,000. Line Item: 1687 Grants and Aids to Local Governments and Non -State Entities — Fixed Capital Outlay, Grants and Aids — Small County Wastewater grants from Federal Grants Trust Fund.... $ 17,350,000. FROM SAVE OUR EVERGLADES TRUST FUND .......... $20,000,000 Funds in Specific Appropriation 1645 are provided for the design, engineering and construction of the Comprehensive Everglades Restoration Plan, the Lake Okeechobee Protection Plan, the Caloosahatchee and St. Lucie River Watershed Protection Plan components, water quality studies necessary for the implementation of the Comprehensive Everglades Restoration Plan, and water quality enhancement projects identified in the state's long-term plan. From the funds in Specific Appropriation 1645, $3,000,000 is provided to the Department of Agriculture and Consumer Services for implementation of agricultural nonpoint source controls in the Okeechobee, Caloosahatchee, and St. Lucie River watersheds. Line Item: 3162A AID TO LOCAL GOVERNMENTS, GRANTS AND AIDS — Library Cooperatives from General Revenue Fund ..... $ 1,500,000. Line Item: 3163 AID TO LOCAL GOVERNMENTS GRANTS AND AIDS - LIBRARY GRANTS from General Revenue Fund $21,300,000. FROM FEDERAL GRANTS TRUST FUND ... $ 2,400,606. Line Item: 1950 FIXED CAPITAL OUTLAY SMALL COUNTY RESURFACE ASSISTANCE PROGRAM (SCRAP) From Transportation (Primary) Trust Fund........ $25,685,535. Line Item: 1951 FIXED CAPITAL OUTLAY SMALL COUNTY OUTREACH PROGRAM (SCOP) From State Transportation (Primary) Trust Fund ............. $26,840,778. Line Item: 3049 AID TO LOCAL GOVERNMENTS AERIAL PHOTOGRAPHY AND MAPPING From General Revenue Fund........... $ 700,000. From Certification Program Trust Fund .............. $ 876,266. From the funds in Specific Appropriation 3049, $700,000 in nonrecurring general revenue is provided to the Department of Revenue to fund aerial photography and mapping for counties with a population of 50,000 or less. 3 The Bill Titles refer to the mentioned items above and are supplied for your information only: OUA Permit Language CS/CS/CS/CS/HB 503 - Environmental Regulation General Bill by Patronis (CO-SPONSORS) Broxson; Coley; Drake; Mayfield; Oliva; Williams, T.; Young Environmental Regulation: Creates, amends, & revises numerous provisions relating to: development, construction, operating, & building permits; permit application requirements & procedures, including waivers, variances, & revocation; local government comprehensive plans & plan amendments; programmatic general permits & regional general permits; permits for projects relating to stonnwater management systems, coastal construction, dredge & fill activities, intermodal logistics centers & commercial & industrial development; sanitary program surveys of certain water systems; innocent victim petroleum storage system restoration, ambient air quality & water quality standards, & solid waste disposal; sale of unblended gasoline for certain uses; exemption from payment to authorizing agencies for use of certain extensions; provides 2-year permit extension. Effective Date: July 1, 2012 Last Event: Ordered enrolled on Thursday, March 08, 2012 4:02 PM Septic Tanks CS/CS/CS/HB 1263 (Hudson) a comprehensive Department of Health reorganization bill, included language from HB 999/SB 820 repealing the statewide septic tank inspection program administered by the Department of Health. The bill allows municipalities to adopt septic tank inspection programs provided they comply with certain restrictions set forth in the bill. The bill allows municipalities having a first magnitude spring to opt out of the inspection program, and allows all other municipalities to opt in to the inspection program. Any septic tank inspection program in any municipality enacted prior to July 1, 2011 is grandfathered except no local ordinance can require a septic tank inspection at the point of sale. CS/CS/CS/HB 1263 http://www.flsenate.gov/Session/Bill/2012/1263 Law Enforcement Telecommunicator Certification CS/HB 1227 (Drake) , exempts sworn law enforcement officers from the public safety telecommunicator certification course provided the officer can pass the certification exam. The bill allows local governments to use sworn law enforcement officers as temporary public safety telecommunicators once they have passed the certification exam. CS/HB 1227 http://www.flsenate.gov/Session/Bill/2012/1227 Secondary Metals Recyclers and Secondhand Dealers CS/CS/HB 885 (Ford) adds additional requirements into law for the buying and selling of restricted metals property. Local governments that adopted ordinances prior to March 1, 2012 regulating the purchase or sale of these materials are grandfathered, but can only amend those ordinances in the future to meet state law. CS/CS/HB 885 http://www.flsenate.gov/Session/Bi11/2012/0885 Tangible Personal Property Tax Exemption CS/HJR 1003 (Eisnaugle) passed the Legislature and will be on the 2012 general election ballot. The original language which delegated authority to the Legislature to modify the constitutional Tangible Personal Property (TPP) exemption was removed. The bill, subject to voter 60 percent approval in the November election, creates a targeted exemption from ad valorem on tangible personal property for small businesses. It also authorizes cities to provide through a local ordinance, additional TPP relief for businesses. CS/HJR 1003 http://www.flsenate.gov/Session/Bill/2012/1003 4 Tax Exemptions and Tax Credits HB 7087 (Precourt) is a comprehensive economic development bill that increases the current corporate income tax exemption from net income from $25,000 to $50,000, exempting approximately 5,000 new businesses from the corporate income tax. The bill permits specified counties to apply for designation of enterprise zones. The legislation modifies the number of qualified employees that businesses must have in certain circumstances to be eligible for tax credits. The bill includes nearly two -dozen separate economic development provisions including: enhanced sales -tax breaks for manufacturers that purchase machinery and other equipment and for airplane -repair businesses, new sales -tax breaks for gas -turbine and aircraft -engine manufacturers and for taxicab and shuttle companies that buy handicap -accessible vehicles; sales -tax exemptions for electricity used in cattle- or hog -meat packinghouses as well as electricity used in fruit or vegetable packinghouses; and reduced severance -tax rates for companies that mine phosphate rock or drill for oil in older, onshore wells. Language requiring local governments to grant a preference for printing services was stripped from the bill. HB 7087 I)j1p A�ivx4.tlsenate. ov/Session/E3ill/2012/7087 General Bill 639 by Young (CO-SPONSORS) Cruz; Grant; Pilon; Sands; Williams, T. Reclaimed Water: Provides legislative findings relating to use of reclaimed water; provides that reclaimed water is eligible for alternative water supply funding; authorizes specified contract provisions for development of reclaimed water as alternative water supply; prohibits exclusion of reclaimed water use in regional water supply planning; prohibits water management districts from requiring permits for use of reclaimed water & from requiring or restricting services provided by reuse utilities; requires DEP & each water management district to initiate rulemaking to adopt specified revisions to water resource implementation rule. Effective Date: July 1, 2012 Last Event: Ordered enrolled on Friday, March 09, 2012 6:33 PM HB 809 General Bill by Grant (CO-SPONSORS) Patronis; Tobia Communications Services Taxes: Revises legislative intent; modifies definitions; removes definition of term "cable service"; adds definition for term "Internet access service"; revises definitions of terms "communication services," "information service," "sales price," "service address," and "video service"; revises provisions relating to communications services dealer's liability for tax underpayments that result from incorrect assignment of service addresses to local taxing jurisdictions & provides requirements & conditions with respect thereto; prohibits DOR from denying dealer of communications services deduction of specified amount as collection allowance; requires DOR to aggregate monthly & make available to public on jurisdiction -by -jurisdiction basis certain sales & net tax information; provides for retroactive effect; creates Communications Services Tax Working Group; houses working group in DOR for administrative purposes. Effective Date: July 1, 2012 Last Event: Ordered enrolled on Friday, March 09, 2012 4:56 PM 5 CS/CS/HB 119 - Motor Vehicle Personal Injury Protection Insurance General Bill by Boyd (CO-SPONSORS) Albritton; Broxson; Costello; Horner; Wood Motor Vehicle Personal Injury Protection Insurance: Revises conditions for completing long -form traffic crash report; provides that certain entities exempt from licensure as health care clinic must nonetheless be licensed in order to receive reimbursement for provision of PIP benefits; requires that application for licensure, or exemption from licensure, as health care clinic include statement regarding insurance fraud; specifies additional unfair claim settlement practice; authorizes Division of Insurance Fraud of DFS to establish direct -support organization for purpose of prosecuting, investigating, & preventing motor vehicle insurance fraud; specifies effects of Florida Motor Vehicle No -Fault Law, etc. Effective Date: except as otherwise expressly provided in this act, this act shall take effect July 1, 2012 Last Event: Ordered enrolled on Friday, March 09, 2012 9:53 Defeated Super Homestead Exemption CS/SJR 314 (Simmons) and HJR 1289 (Brodeur) were proposed constitutional amendments that created a new super homestead exemption that failed to pass the Legislature. This proposal would have resulted estimated negative revenue impact on non -school property taxes of more than half a billion dollars a year. CS/SJR 314 http://www.flsenate.gov/Session/Bill/2012/0314 Local Business Tax SB 760 (Hays), HB 4025 (O'Toole) and HB 1063 (O'Toole) which would have repealed the local business tax failed to pass the legislature. This would have been a negative fiscal hit to cities of $124 million. SB 760 http://www.flsenate.gov/Session/Bil1/2012/0760 HB 4025 http://www.flsenate.gov/Session/Bill/2012/4025 HB 1063 http://www.flsenate.gov/Session/Bi11/2012/1063 ENVIRONMENTAL ISSUES Fertilizer SB 604 (Dean) and HB 421 (Smith) dealing with a limited exemption from fertilizer ordinances for professional applicators both died in committee in the early stages of the session. SB 604 http://www.flsenate.gov/Session/Bill/2012/0604 HB 421 http://www.flsenate.gov/Session/Bill/2012/0421 ECONOMIC DEVELOPMENT ISSUES Economic Development/Public-Private Agreements CS/SB 576 (Bennett) and CS/HB 337 (Williams, T.) provide that certain qualifying projects may be fulfilled by public -private partnerships. CS/SB 576 http://www.flsenate.gov/Session/Bill/2012/0576 CS/HB 337 http://www.flsenate.gov/Session/Bi11/2012/0337 6 URBAN ADMINISTRATION Speaking at Public Meetings CS/CS/CS/SB 206 (Negron) would have required boards or commissions of state executive agencies or authorities and local agencies or authorities to provide members of the public a reasonable opportunity to be heard on items of significant interest at, or proximately before, meetings where official action is taken, with certain exceptions. The bills would have presumed that boards or commissions are in compliance with this section if they adopt and follow rules providing members of the public to be heard. The bill assessed attomey's fees against an agency or authority in violation of the "right to speak" requirement as well as against an individual who has filed such an action in bad faith. The bills provided that an action by a board or commission would not be void if members of the public were not afforded the right to speak on a proposition. CS/CS/HB 355 http://www.flsenate.gov/Session/Bi11/2012/355 CS/CS/CS/SB 206 http://www.flsenate.gov/Session/Bi11/2012/0206 Government Contracting CS/CS/CS/SB 1626 (Gaetz) relating to government contracting and transparency passed the legislature. Among other things, the bill establishes performance standards for state contracts. Language requiring local governments to post all contracts on a state website was removed in the final days of the session. CS/CS/CS/SB 1626 http://www.flsenate.gov/Session/Bi11/2012/1626 Governmental Entity Liens CS/HB 671 CS/SB 670 provides that a lien for an improvement, service, fine, or penalty, other than a lien for taxes, non -ad valorem or special assessments, or utilities is valid against a creditor or subsequent purchaser only if it is properly recorded in the county in which the property is located and meets additional requirements for the recorded notice of lien to identify the property. The bill specifies what information must be contained within the recorded notice of lien. CS/SB 670 http://www.flsenate.gov/Session/Bill/2012/670 CS/HB 671 http:/%v`ww.flsenat v_/Session/Bill/2012/671 CS/HJR 785 - Term Limits/County Commissioners Joint Resolution by Wood (CO-SPONSORS) Abruzzo; Brandes; Caldwell; Kiar; Pilon; Porter Term Limits/County Commissioners: Proposes amendment to s. 1, Art. V III of State Constitution to authorize imposition of term limits on county commissioners when provided by county charter. Effective Date: Not Specified Last Event: 03/09/12 S Died in Community Affairs on Friday, March 09, 2012 1 1 :59 PM 7 0 • LkHIBIT 5 ]VAR 20, 2012 Dr. Adelberg City Fire Medical Director MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT made and entered into effective the 16' day of April 2012, by and between the CITY OF OKEECHOBEE a political subdivision of the State of Florida, hereinafter referred to as "CITY" and J. MICHAEL ADELBERG, M.D., FAEP, hereinafter referred to as "DR. ADELBERG" or "MEDICAL DIRECTOR." WITNESSETH: WHEREAS, the CITY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of the CITY; and WHEREAS, the CITY Fire Department utilizes emergency medical technicians and paramedics to perform basic life support procedures; and WHEREAS, Section 401.265, Florida Statutes, requires a MEDICAL DIRECTOR to supervise and assume direct responsibility for the medical performance of the emergency medical technicians and paramedics; and WHEREAS, DR. ADELBERG, is a duly licensed physician in the State of Florida; and WHEREAS, DR. ADELBERG has agreed to provide services as MEDICAL DIRECTOR, as more particularly hereinafter described and under the terms and conditions set forth in this Agreement. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, it is agreed as follows: 1. Recitals. THAT the foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. 2. Specific Provisions. THAT the parties hereby agree to the following specific provisions: A. Scope of Services. 1) DR. ADELBERG shall perform all duties of a MEDICAL DIRECTOR as specified in Section 401.265, Florida Statutes, Rule 10D-66.0505, Florida Administrative Code, and as otherwise specified in any law of the State of Florida. 2) The MEDICAL DIRECTOR shall supervise and assume direct responsibility for the medical performance of the emergency medical technicians and paramedics operating for the CITY Fire Department. 3) The MEDICAL DIRECTOR shall establish and maintain a quality assurance program to provide for quality assurance review of all emergency medical technicians and paramedics operating under his supervision. 4) The MEDICAL DIRECTOR shall document facts and other information, and report to the Department of Health and Rehabilitative Services, in the event the MEDICAL DIRECTOR has reasonable belief that conduct by an emergency medical technician or paramedic may constitute one or more grounds for discipline, as provided by the Florida Statutes. Page 1 of 5 5) The MEDICAL DIRECTOR shall endorse upon the approved agreement the written standing order and protocols, which are complied and accepted upon this mutual agreement. Any changes, additions to or deletions from current standing orders and protocols will be developed by the MEDICAL DIRECTOR to ensure medical correctness. B. Payment. In consideration of the performance of this Agreement, the CITY agrees to pay MEDICAL DIRECTOR for all work actually performed, the sum of SIX HUNDRED DOLLARS ($600.00) per month. The CITY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of the MEDICAL DIRECTOR'S obligations. C. Commencement; Term. The MEDICAL DIRECTOR shall commence work under this Agreement on April 1, 2012 and shall continue to provide services for the duration of this Agreement. Termination. This Agreement may be terminated at anytime with or without / cause by either party giving ninety (90) days written notice to the party; provided, however that termination upon the MEDICAL DIRECTOR'S default shall be governed by paragraph 413 herein below and provided, that the provisions of this paragraph shall not be construed to relieve either party from it's rights or obligations of this Agreement through the date of the actual termination. E. Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail, return receipt requested to: For the CITY CITY OF OKEECHOBEE FIRE DEPARTMENT Attention: Fire Chief 55 SE 3rd Avenue Okeechobee, Florida 34974 For the MEDICAL DIRECTOR: J. Michael Adelberg, M.D. 2189 Driftwood Circle Palm Beach Gardens, Florida 33410 F. Insurance. The MEDICAL DIRECTOR shall maintain and provide a current copy of the Certificate of Insurance showing such insurance as will fully protect both the MEDICAL DIRECTOR and CITY from any and all claims under any Workers Compensation Act or Employers Liability Laws and from any and all claims of whatsoever kind or nature for damage to property or for personal injury including death made by anyone whomsoever, that may arise from operations carried on under this Agreement, either by the MEDICAL DIRECTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. General Provisions. THAT the parties hereby agree to the following general provisions: A. Representations of the Medical Director. The MEDICAL DIRECTOR represents that he has sufficient technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which the MEDICAL DIRECTOR operates. B. Personal nature of Agreement. The MEDICAL DIRECTOR hereby warrants that he has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that the CITY places great reliance and emphasis upon the knowledge expertise and personal abilities of the MEDICAL DIRECTOR. Accordingly, this Agreement is personal and the MEDICAL DIRECTOR shall not assign Page 2 of 5 or delegate any rights or duties hereunder without the specific written consent of the CITY. In the event the MEDICAL DIRECTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, the MEDICAL DIRECTOR shall obtain the written approval of the CITY prior to engaging such subcontractor or professional associate. C. Independent Contractor. It is specifically agreed that the MEDICAL DIRECTOR is deemed to be an independent contractor and not a servant, employee, joint adventurer or partner of the CITY. It is further agreed that no agent, employee, or servant of the MEDICAL DIRECTOR shall be deemed to be the agent, employee, or servant of the CITY. None of the benefits, if any, provided by the CITY to it's employees, including but not limited to compensation, insurance and unemployment insurance are available from the CITY to the employees, agents, or servants of the MEDICAL DIRECTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Agreement. Although the MEDICAL DIRECTOR is an independent contractor, the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY'S general right of inspection to secure the satisfactory completion thereof. The MEDICAL DIRECTOR agrees to comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to the MEDICAL DIRECTOR, the MEDICAL DIRECTOR'S business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The CITY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of the MEDICAL DIRECTOR. D. Indemnification. Irrespective of any insurance carried by the MEDICAL DIRECTOR, pursuant to this Agreement or otherwise, the MEDICAL DIRECTOR shall indemnify and hold the CITY harmless against and from the loss, cost, damage or expense, including reasonable attorney's fees and court cost, arising out of any accident, casualty, or other occurrence causing injury to any person or property arising from the MEDICAL DIRECTOR'S performance under this Agreement, whether by the MEDICAL DIRECTOR, his agents, employees or subcontractors, and whether caused by or arising from any act or omission of the MEDICAL DIRECTOR, his agents, employees, or subcontractors. In the event that any claim in writing is asserted by a third party which may entitle the CITY to indemnification, the CITY shall give notice thereof to the MEDICAL DIRECTOR which notice shall be accompanied by a copy of statement of the claim. Following the notice, the MEDICAL DIRECTOR shall have the right, but not the obligation, to participate at his sole expense, in the defense, compromise or settlement of such claim with counsel of his choice. If the MEDICAL DIRECTOR shall fail timely to defend, contest or otherwise protect against any suit, action or otherwise protect against any suit, action or other proceeding arising from such claim, the CITY shall have the right to defend, contest or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to the MEDICAL DIRECTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. E. Public Records. All documents, papers, letters or other materials made by, received by, or maintained by the MEDICAL DIRECTOR in accordance with this Agreement shall be subject to the provisions of Chapter 119 Florida Statutes. The MEDICAL DIRECTOR shall allow public access to such documents and materials in accordance with the provisions of Chapter 119 Florida Statutes. Should the MEDICAL DIRECTOR assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of Page 3 of 5 establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the MEDICAL DIRECTOR. The CITY reserves the right to unilaterally cancel this Agreement for refusal by the MEDICAL DIRECTOR to allow public access to any documents which are subject to the provisions of Chapter 119 Florida Statutes. Miscellaneous Provisions. THAT the parties hereby agree to the following miscellaneous provisions: A. Severability. That, should any term or provision of this Agreement be held, to any extent, invalid or unenforceable as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. B. Default. In the event of a breach by the MEDICAL DIRECTOR under any of the obligations contained in this Agreement, the CITY shall have the right to declare a default and terminate this Agreement without notice if the breach is incurable, constitutes a threat to the public health, safety or welfare, or is a breach for which a notice has been previously provided the MEDICAL DIRECTOR. For all other breaches, the CITY shall provide the MEDICAL DIRECTOR with notice and an opportunity of not less than (10) days to cure the breach. Upon default, the CITY shall have all rights and remedies provided by law or equity. C. Entire Agreement. That this Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The MEDICAL DIRECTOR recognizes that any representations, statements, negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized CITY representatives. This Agreement shall bind the parties, their assigns and successors in interest. D. Construction. Should any provision of the Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, and/or the negotiation of specific language and therefore the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. E. Attorne 's Fees. In the event of any litigation to enforce the terms of this Agreement the prevailing party shall be entitled to reasonable attorney's fees and costs which are directly attributed to such litigation both at the trial and appellate level. F. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. G. Headings. All headings are for clarification only and are not to be used in any judicial construction of this Agreement. Page 4 of 5 • H. Binding Nature of Agreement. This Agreement shall be binding upon the successors and assigns of the parties hereto. I. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and shall be governed in accordance with the laws of the State of Florida. Okeechobee County, Florida shall be the venue of any action thereon. IN WITNESS WHEREOF, the parties hereto have signed and sealed this agreement effective the day and date first written above. APPROVED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City on: March 20, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney Witness Signature Printed Name Address by Date CITY OF OKEECHOBEE James E. Kirk, Mayor MEDICAL DIRECTOR: J. Michael Adelberg, M.D. Page 5 of 5 • • EXiIIBIT 6 Mar 20, 2012 LEASE AGREEMENT THIS AGREEMENT entered into this day of March 2012, between CITY OF OKEECHOBEE, FLORIDA (hereinafter "CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, (hereinafter "CHAMBER"). WITNESSETH: That the City of Okeechobee, Florida owns certain real property, building and improvements thereon at 55 S. Parrott Avenue, with deed covenants that restrict the use of said property to that only of a chamber of commerce; That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the Landlord does hereby lease to the CHAMBER the commercial property located in Okeechobee County, Florida, and more particularly identified as: Real property at: 55 S. Parrott Avenue Okeechobee, FL 34974 TERMS AND CONDITIONS PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce and for no other purpose. As such, the mission, purpose and activities of the CHAMBER would include the following: 1. The CHAMBER is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting the City of Okeechobee, and Okeechobee County to business interests, tourists, visitors, and the public. 2. The goal of the CHAMBER includes increasing visibility of Okeechobee around the state and country; to attract tourism, business development and industry to the City; to plan and organize events to improve the quality of life in Okeechobee and to promote and maintain the beauty and desirability of the area. 3. Included in the general mission and goals of the CHAMBER would be to perform all those activities expected of a traditional and viable chamber of commerce. While the means and efforts used by the CHAMBER to accomplish its goals are within the discretion of that organization, the chamber has historically sponsored, promoted, or assisted in certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; Fourth of July celebration; National Day of the American Cowboy, and similar events that are designed to attract citizens, tourists, and business to the City of Okeechobee. 4. That at all times during the terms of the lease the CHAMBER shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the division of corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity. TERM: The term hereof shall commence on the day of March 2012 and continue monthly for an initial term of five (5) years, to March 2017, unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. RIGHT OF RENEWAL: The CHAMBER is granted first option to renew the term of this lease. The CITY shall not attempt to lease the premises to another entity without first negotiating a renewal lease with the CHAMBER. The CHAMBER shall provide notice of intent to renew the lease by a writing delivered to the CITY at least sixty (60) days prior to the end of the lease term. The rental term may be extended beyond this initial term upon further written agreement and terms as may be determined by the parties, and the CITY reserves the right upon any renewal or renegotiation to make amendments to the terms of the lease, including but not limited to its length, rental amount, or such other term as the CITY deems as in its best interests. The lease renewal granted to CHAMBER shall not be unreasonably withheld by the CITY, unless the CHAMBER is in material breach of the lease terms, or dissolution of the CHAMBER by the State of Florida; or abandonment of the stated mission and goals set forth herein, or finally, in the sole discretion of the CITY, that extension of the term is not in the best interests of the CITY. RENT: Rent shall be the following sum: $60.00 for the term, which CITY permits to be paid at the rate of one dollar ($1.00) per month, which shall be paid by CHAMBER on the 1st day each month to CITY at: 55 SE 3`d Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. For major capital repair or maintenance expenditures, (defined as ANY INDIVIDUAL EXPENSE in excess of $500.00), for the first twelve months of the lease term, the CITY and CHAMBER will divide any such expense on a 50/50 basis. Subsequent to that, the CHAMBER shall be responsible for all maintenance and repair of the structural components, as well as the roof, windows, doors, and the CHAMBER agrees to make any and all other normal maintenance and repairs to said premises, being plumbing, heating, electrical, air conditioning, etc. The CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon; loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS. That any improvements, additions, remodels, or other permanent change to the premises made or authorized by the CHAMBER, shall inure to the benefit of and become the sole property of, the CITY upon termination of this lease. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold CITY, her heirs and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. CHAMBER shall obtain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the CITY as additional insured thereunder to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of the CHAMBER. The property and casualty insurance presently maintained on the property by CITY shall be paid by the CITY, and the CHAMBER will reimburse the CITY 50% of the cost of such insurance policy annually. 2 1 r, ,;{e DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises and transfer all utility accounts to its name. CITY will pay for regular lawn service on the premises, but not to include landscaping or maintenance thereof. The CHAMBER shall be responsible for the payment of all other services and place the service in his name including, but not limited to, electric, telephone, waste disposal, and gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. Any taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; sales taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workmans compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorneys fees and costs. The CHAMBER shall promptly forward to the CITY any state or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or state statutes. PERSONALTY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or his guests stored or used on premises and releases CITY from any and all liability therefore. BOOKS AND RECORDS. The CHAMBER shall create and maintain regular accounts and records of all funds, donations, in -kind contributions, accounts payable, expenditures and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually in an annual financial report to the CITY. The CITY shall have at any reasonable time upon written request, to inspect the books and records of the CHAMBER at the offices of the CHAMBER. 3 1 <,. q DEFAULT IN RENTALS. If CHAMBER shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the CITY, at his option, may terminate all rights of CHAMBER hereunder, including retaining any advance deposits, unless CHAMBER, within said three days, shall cure such default. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre -paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the division of corporations, State of Florida. b. Failure by CHAMBER to pay rent when due as set out above. c. Failure by CHAMBER to maintain all required permits, licenses, insurance, and maintenance at the premises. d. Failure to continually and daily operate as a chamber of commerce, including holding regular membership meetings. e. Failure to keep all taxes, assessments paid up to date with any local, state or Federal agency. f. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, damage or destruction of the premises. g. Failure of CHAMBER to comply with its states purpose(s) and mandate of the CHAMBER as set out in the PREAMBLE herein. h. Permitting uses on or in the premises by the CHAMBER or other entities, or assigning all or part of the premises, without the specific written approval of the CITY. i. Failure of CHAMBER upon reasonable request to permit the inspection of corporate books and records by CITY as provided herein. SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within thirty (30) days of written notice thereof, subject to its right to cure any default. b. At the conclusion of the rental period hereunder. CURE OF DEFAULT. That CITY shall, prior to a formal declaration of default of the lease, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from date of written notice to cure the claimed default to the satisfaction of the CITY. Such time may be extended in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by the CHAMBER in the performance of this lease and its terms, the parties, prior to any litigation, shall sit down and mediate the issues, in an attempt to resolve the dispute. The parties shall be represented at this mediation by the City administrator, one City Councilman, President or designee of the CHAMBER, and such other participants as they may agree. ASSIGNMENT. This lease is not assignable by CHAMBER without written permission of .� CITY; provision prohibiting sub -lease without CITY permission. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. 4 1 ),js, TERMINOLOGY. Whenever used herein, the terms "CITY' and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee Florida. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to CITY: Witnesses as to CHAMBER: 5 1 r 4 STATE OF FLORIDA COUNTY OFOKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , and to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2012. Notary Public 6 1 - MEMORANDUM TO: City Council FROM: Devin Maxwell RE: Chamber Lease; Proposed Ordinance 1085 Dear Council Members, l Z tyl�C (� a�- G , P9 s 1-3 P9 q pug- Wf Tj--�(Vy RT'b• I am unable to attend the March 20 Council meeting, and I have provided the following for consideration regarding the above two items: Chamber The City, as the owner of the building, should approach the maintenance of the building, which is likely worth than $100,000.00, with the same care and practice, as it does to maintain and preserve the value of all its assets. The fact that the building was donated to the City should not be a factor in how it is maintained, and the fact that it is to be leased, should not cause the City to lessen the maintenance practices that it uses for its other structures. The City is the owner of a 2500 square foot office building situated on Flagler Park. The building has value, and is an asset of the City, regardless of whether the City expended funds for the initial capital improvement. At 27 years old, the building could reasonably be expected to be usable for many more years, if properly maintained. It is not uncommon for municipalities to lease building space to private businesses, and many of the cases that address commercial leases arise from leases between municipalities and private businesses. The starting point in determining the terms of the lease of the chamber building, are the commercial standards for the lease of office space between private enterprises. The current commercial leasing practices have evolved based on both economic considerations of the landlord and tenant, as well as practical considerations of what each party can reasonably be expected to do. A commercial landlord generally wants to recover all of the costs incurred in owning its commercial rental property- including acquisition costs, long term maintenance costs over the life of the structures, and annual "carry costs", including maintenance, taxes, insurance, and administrative or operating costs. The recovery of all such costs, is made through a Net Net Net ("triple net") lease. A commercial landlord customarily has a financial interest in maintaining the "shell" of its structure, which includes the exterior walls, exterior doors, windows, and roof, all of which keep the structure watertight. a. If the exterior is not properly maintained and kept watertight, the building will rapidly deteriorate, reducing its value, so the landlord does not want to place decisions on critical structural repairs, such as when and how to make them, in the hands of a tenant. b. If a structural item, such as a roof replacement is not handled carefully, a loss could occur during the replacement, such as exposing an open roof to weather, or loss could occur after, if the work is not performed according to standards. c. The major components of the shell have a life expectancy of 25-30 years, which is usually much longer than the lease term granted to tenants, so the maintenance and replacement of these items is usually unrelated to the tenant's use. d. If a tenant were responsible for replacement of major structural components, its interests would be in getting them done an inexpensively as possible, even if quality needed to be compromised, because the tenants concern over the longevity of the replacement, would not exceed its current lease term. e. A landlord would not be able to find a tenant willing to take on the financial responsibility of structural maintenance, when the timing of replacement, and costs thereof, is unknown to the tenant. The significant cost of roof and structural components cannot be recovered from a single tenant during a 3 to5 year lease term, and the cost of same is usually spread over the life expectancy of the item (ie; 25-30 years). To a lesser degree, the same logic is applied to major mechanical system components, such as air conditioning air handlers and condensing units, which have a life expectancy of 10-15 years. Tenants usually are required to pay for an annual maintenance plan, and when the servicer certifies that a repair cannot be made, or repair is not feasible, the landlord replaces the equipment. Generally, the point where mechanical systems (electrical, plumbing, HVAQ enter the interior of the structure is where the tenant's responsibility begins. As a practical matter, the landlord has access to the exterior of the building without interrupting the tenant's use, to maintain and make long term repairs, and the tenant can maintain the interior of the building, at reasonable cost, and consistent with tenant's use. The landlord, as owner of the building, usually wants to be responsible for maintaining insurance against loss of the structure due to fire and windstorm, because if there is a loss and no insurance, the loss could never be recovered from most tenants. In the case of the City -owned Chamber Building, there were negligible acquisition costs, and some of the customary carry costs are not applicable, such as property taxes, and still others may not be material, such as maintenance of the grounds, which is part of Flagler Park. Nevertheless, there are costs associated with the City owning the building, and those costs need to be recovered in some way. There seems to be an understanding that having a viable and effective Chamber of Commerce, has value to the City, given that the building was allowed to be constructed in the park, and given the prior lease for $1, and given the present lease that is contemplated. The question then may be: How can the value of having a viable and effective Chamber of Commerce be quantified, so that it can be compared to the maintenance and operating costs incurred by the City in providing the building? If the City receives a value from the Chamber of Commerce, which exceeds the carry costs of the building, is it necessary for the City to also recover rental payments from the Chamber? If the City receives a value from the Chamber of Commerce, which exceeds the carry costs of the building, is it necessary for the City to also recover other payments and maintenance commitments from the Chamber? Since the City's anticipated carry costs may be difficult to predict, and it can be assumed that fair market rental value will generally exceed carry costs of a given rental building, then FMV can be another benchmark to compare to the value received from the Chamber's services. If the 2500 square feet of office space has a fair market rental value of $15,000 to $25,000 per year, how does the lost rent revenue in giving the lease to the Chamber, compare to the value to the City, of the services provided by the Chamber? If the City were to perform the services to be provided by the Chamber, what would the cost to the City be, in performing such services, and how do those costs compare to the rental value given to the Chamber? Florida Statutes 166.021 (8) b,c and d, provide for a municipality to expend funds for economic development activities, and require a report to be submitted by the entity providing such services. The attached draft of the Lease Agreement incorporates standard commercial lease provisions, treats rent forgiveness as an expenditure of municipal funds for economic development, and incorporates the reporting requirements of F.S. 166.021. C7 LEASE AGREEMENT THIS AGREEMENT entered into this day OF OKEECHOBEE, FLORIDA (hereinafter "CITY") and OF OKEECHOBEE COUNTY, (hereinafter "CHAMBER"). WITNESSETH: 3-2-0-i2ln.uh des-tr�ed c�- mt MD.� of March 2012, between CITY CHAMBER OF COMMERCE That the City of Okeechobee, Florida owns certain real property, building and improvements thereon at 55 S. Parrott Avenue, with deed GGV8RaRt6 that Fe6tFiG which the City desires to lease for a public or non -for -profit use; That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the Landlord does hereby lease to the CHAMBER the real property located in Okeechobee County, Florida, and more particularly identified as: Beat-pFepeFmhe 2500 square foot office building (the "Chamber Building") located at: 55 S. Parrott Avenue Okeechobee, FL 34974 TERMS AND CONDITIONS PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce and for no other purpose. As such, the mission, purpose and activities of the CHAMBER would include the following: 1. The CHAMBER is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting the City of Okeechobee, and Okeechobee County to business interests, tourists, visitors, and the public. 2. The goal of the CHAMBER includes increasing visibility of Okeechobee around the state and country; to attract tourism, business development and industry to the City; to plan and organize events to improve the quality of life in Okeechobee and to promote and maintain the beauty and desirability of the area. 3. Included in the general mission and goals of the CHAMBER would be to perform all those activities expected of a traditional and viable chamber of commerce. While the means and efforts used by the CHAMBER to accomplish its goals are within the discretion of that organization, the chamber has historically sponsored, promoted, or assisted in certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; Fourth of July celebration; National Day of the American Cowboy, and similar events that are designed to attract citizens, tourists, and business to the City of Okeechobee. 4. That at all times during the terms of the lease the CHAMBER shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the division of corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity. TERM: The term hereof shall commence on the day of March 2012 and continue monthly for an initial term of five (5) years, to March 2017, unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. Field owl -� — — IN RENT FORGIVENESS: The amount of rent shall be the fair market rental value of the buildina. which is determined to be ($20.000.00) for the first vear. based upon comparable commercial leases. Rent shall be retroactive, payable annually on or before December 31 of each year, the first year being pro -rated from the date possession is taken by tenant. Annual rent shall be forgiven, provided the CHAMBER provides services that, in the discretion of the CITY. are of a value that meets or exceeds the fair market rental value of the Chamber Buildin Alternative A: Annual rent shall be forgiven, provided the CHAMBER provides services that, in the discretion of the CITY, are of an aggregate value of at least $ during the Preceding year. The value of the services provided by the CHAMBER shall be measured by the economic impact of the services, on the CITY'S businesses and citizens. At least annually. on or before Auaust 1. the CHAMBER shall submit a report to the CITY detailing the results of the CHAMBER'S economic develop efforts made on behalf of the CITY during the preceding year, as required by Florida Statutes M6.021. Such report shall set forth the value of such efforts and services, as measured by the economic impact of the services. The CITY shall act on the annual report by September 1, and the CITY'S acceptance of the annual report, shall constitute a foraiveness of the annual rent for the precedina year. This provision for Rent Foraiveness is intended to ensure that the CITY receives valuable services in lieu of rent, and it is the expectation of the parties that the services will be provided, not the rent. _Rent shall be the following sum: $60.00 for the term, which CITY permits to be paid at the rate of one dollar ($1.00) per month, which shall be paid by CHAMBER on the 1st day each month to CITY at: 55 SE 3rd Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. INDIVIDUAL EXPENSE in exGess ef $600.00), fbF the first twelve rnenth6 of the le term, the CITY and CHAMBER will divide any SUGh expense on a 50/60 ba i Subsequent to that, the CHAMBER shall be Fe6pGRsible f9F all FnainteRanGe and rep 2 1 p a.; The CITY shall maintain the exterior shell of the building and the structural components thereof. The CHAMBER shall maintain the interior of the building, and secure a service contract for routine maintenance of mechanical systems. Replacement of major mechanical components shall be performed by the CITY.The CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon; loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS. That any improvements, additions, remodels, or other permanent change to the premises made or authorized by the CITY and performed by the CHAMBER, shall inure to the benefit of and become the sole property of, the CITY upon termination of this lease. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold CITY, her heirs and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. CHAMBER shall obtain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the CITY as additional insured thereunder to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of the CHAMBER. The property and casualty insurance presently maintained on the property by CITY shall be paid by the CITY, and the CHAMBER will reimburse the CITY 50% of the cost of such insurance policy annually. DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises In the event the City elects to keep or open any utility accounts in the CITY'S name the CITY shall forward the invoices for same during the month received, and the CHAMBER shall reimburse the monthly invoices from same, in the month following as rent. The reimbursement for actual monthly utility costs shall be considered as rent and landlord shall have all remedies for recovery of rent provided herein and by Florida Statutes Chapter 83, Part I, which shall be non-exclusive. The forwarding of invoices for utilities by the CITY shall constitute a demand for payment of same and a demand for rent and the nonpayment of same shall constitute a nonpayment of rent, for which the CITY shall retain all remedies at law for nonpayment of rent. Reimbursement for utilities shall not be subiect to the Rent Forgiveness provisions contained herein. and transfer all Utility aGGGLjnt6 tG 46 Pa CITY will pay for regular lawn service on the premises, but not to include landscaping or maintenance thereof. The CHAMBER shall be responsible for the payment of all—otheF services and place the service in its#+& name, if requested, including, but not limited to, electric, telephone, waste disposal, and 3 1 ;, gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. Any taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; sales taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workmans compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorneys fees and costs. The CHAMBER shall promptly forward to the CITY any state or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or state statutes. PERSONALTY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or his guests stored or used on premises and releases CITY from any and all liability therefore. BOOKS AND RECORDS. The CHAMBER shall create and maintain regular accounts and records of all funds, donations, in -kind contributions, accounts payable, expenditures and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually in an annual financial report to the CITY. The CITY shall have at any reasonable time upon written request, to inspect the books and records of the CHAMBER at the offices of the CHAMBER. DEFAULT IN RENTALS. If CHAMBER shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the CITY, at his option, may terminate all rights of CHAMBER hereunder, including retaining any advance deposits, unless CHAMBER, within said three days, shall cure such default. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre -paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the division of corporations, State of Florida. 4 1 r b. Failure by CHAMBER to pay rent when due as set out above. c Failure to provide services that in the City's sole discretion are of a value that meets the requirements provided herein. ds. Failure by CHAMBER to maintain all required permits, licenses, insurance, and maintenance at the premises. ed. Failure to continually and daily operate as a chamber of commerce, including holding regular membership meetings. fe. Failure to keep all taxes, assessments paid up to date with any local, state or Federal agency. gf. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, damage or destruction of the premises. hg. Failure of CHAMBER to comply with its states purpose(s) and mandate of the CHAMBER as set out in the PREAMBLE herein. A. Permitting uses on or in the premises by the CHAMBER or other entities, or assigning all or part of the premises, without the specific written approval of the CITY. ii. Failure of CHAMBER upon reasonable request to permit the inspection of corporate books and records by CITY as provided herein. - _MMW- - - -. - - _ - - - - - ; .: •r (l L��l:i-����111'�J•••l:snit Ali ._- 1: �:1.�.\!111�1,\:.:_ -� �s..J::•-.: \:.: :.'C,1:i - - - _:•.l7 :.��.::.■1A._ J•\ice-iJ♦1•: 1,:\_-_l �L_.:.illr It lr.-J: �:• - l 1 - mi - - - i • • - • • • • • - - - / • /Be - • • • - • • - • - • - - • - /Me -lime 190411AW SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within thirty (30) days of written notice thereof, subject to its right to cure any default. b. At the conclusion of the rental period hereunder. CURE OF DEFAULT. That CITY shall, prior to a formal declaration of default of the lease, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from date of written notice to cure the claimed default to the satisfaction of the CITY. Such time may be extended in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by the CHAMBER in the performance of this lease and its terms, the parties, prior to any litigation, shall sit down and mediate the issues, in an attempt to resolve the dispute. The parties shall be represented at this mediation by the City administrator, one City Councilman, President or designee of the CHAMBER, and such other participants as they may agree. ASSIGNMENT. This lease is not assignable by CHAMBER without written permission of CITY; provision prohibiting sub -lease without CITY permission. 5 1 F` .. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. TERMINOLOGY. Whenever used herein, the terms "CITY" and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee Florida. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to CITY: Witnesses as to CHAMBER: 6 1 P,i;j ' STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , and to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2012. Notary Public LexisNexK 1 of 1 DOCUMENT 3 Z o lz WA -CC(' T Page 1 - 4�e- eV_ LexisNexis (R) Florida Annotated Statutes Copyright (c) 2012 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** Statutes and Constitution are current through Act 2011-269 of the 2011 Regular Session. *** * * * Annotations are current through February 17, 2012. * * * TITLE 12. MUNICIPALITIES (Chs. 165-185) CHAPTER 166. MUNICIPALITIES PART I. GENERAL PROVISIONS GO TO FLORIDA STATUTES ARCHIVE DMECTORY Fla. Stat. § 166.021 (2012) § 166.021. Powers (1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render mu- nicipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivi- sions. (3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitu- tion, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s_ 2(c), Art. VIII of the State Constitution; (b) Any subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a special law or municipal charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without Page 2 Fla. Stat. § 166.021 approval by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed. (5) All existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as other ordinances. (6) The governing body of a municipality may require that any person within the municipality demonstrate the ex- istence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county or city ordinance, the municipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Gov- ernment. (7) Entities that are funded wholly or in part by the municipality, at the discretion of the municipality, may be re- quired by the municipality to conduct a performance audit paid for by the municipality. An entity shall not be consid- ered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, as- sessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that pro- gram may be required by the municipality to undergo a performance audit. (8) (a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature fords that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of busi- ness enterprises in the municipalities of the state. �The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any pow- ers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection. January 15, 2011, and annually thereafter, the municipality shall file a copy of the report with the Office of Economic and Demographic Research and post a copy of the report on the municipality's website. (e) 1. By January 15, 2011, and annually thereafter, each municipality having annual revenues or expenditures greater than $ 250,000 shall report to the Office of Economic and Demographic Research the economic development incentives in excess of $ 25,000 given to any business during the municipality's previous fiscal year. The Office of Economic and Demographic Research shall compile the information from the municipalities into a report and provide the report to the President of the Senate, the Speaker of the House of Representatives, and the Department of Economic Opportunity. Economic development incentives include: a_ Direct financial incentives of monetary assistance provided to a business from the municipality or through an organization authorized by the municipality. Such incentives include, but are not limited to, grants, loans, equity investments, loan insurance and guarantees, and training subsidies. 3. ao,a March 18, 2012 Okeechobee News City could approve lease of chamber building ,f you go ... By Pete Gawda Okeechobee News After being vacant for many months the chamber of commerce building could soon be filled. On Tuesday night the Okeechobee City Council could give final approval to a lease agreement with the Chamber of Com- merce of Okeechobee County. The proposed lease is for five years at $1 a month. Prior to occupancy, the building would be inspected for any major repairs. For the first 12 months of the lease, for any repairs over $500, the city and the chamber would split the costs. The chamber would take care of any repairs under $500 the first year and thereafter the chamber would be responsible for all main- tenance and repairs on the building. A representative of Craig A. Smith Gov- ernmental Services is scheduled to present a report on the 2012 legislative session. Turning to other business, the council Livestock Market Report MARCH 12 & 13, 2012 MONDAY SALE AT 12:00PM.—TUESDAY SALE AT 11:00AM CAWS: BUAKING CiJr1`1' R CAWCR .1000.1500 1500-2000 CUS caws STR,S HERS BULLS YRILNGS mix TOTAL $0.00 - 91,00 7S.00 - 92.00 94.00 98.00 99,00 - 107.00 1HOINDAY 364 1S4 4S 4 to 35 e¢ s9s Tt?FU 571 265 28 12 25 28 0 929 MED #1 150-200 200-250 240 - 280 21 S - 245 250-300 225 - 255 200 - 218 300-350 210 - 235 180 - 200 3SO-400 200 - 218 17S - 195 400-450 190 - 213 165 - 180 450-500 180 - 195 156 - 115 550-600 165 - 175 14S - 1S2 600-650 150 - 156 - - - 150-200 - - 200-250 200 235 185 - 205 250-300 200 - 220 175- 195 100-350 ISO - 20S 160 - 178 350-400 170 195 150 - 170 400-450 160 - 180 148 - 160 Prices eased off a little this week, but none of us are complaining with cattle breaking records this year. Calves were $1-2 lower on # 1 s and Plainer Calves Were off $3-4. Slaughter cows & bulls were off about $1. Please get your cattle in by 2 or 3 p.m.; our numbers are way down this time of the year. 4 L Land & Cattle, Indiantown, topped the calf market with a high of $2.90, bought by Foy Reynolds. Libby Thompson, Okeechobee, topped the cow market with a high of 97.00, bought by Dairymens. If you need some good 2 1/2 year old Angus Bulls, give us a call! Jeff will hold the first reading and set a final pub- lic hearing date for ordinances dealing with the general employee/OUA, police and fire- fighters pension plans. The council will also hold the first reading and set a final public hearing date for an ordinance which would adopt a policy and procedures for filling va- cancies in office. Also on the agenda is a medical director agreement between the city and Dr. J. Mi- chael Adelberg. The mayor is scheduled to present the Award of Valor to Cody Beasley, Brandon Smith and Travis Mauldin for their heroic action in saving a person from drowning. In addition, the mayor is expected to pres- ent a Five -Year Longevity Service Award to Cesar Romero and a Fifteen -Year Longevity Service Award to Tom Tarner. Post your opinions in the Public Issues Forum at www.newszap.com. Reporter Pete Gawda can be reached at pgawda@newszap.com. 7 What: Okeechobee City Council When: 6 p.m., March 20 Where: City Council Chambers, Okeechobee City Council, 55 S.e. Third Ave. Sales: Monday at 12 p.m. Tuesday at 11 a.m. FARM & RANCH OWNERS We can insure your farm property and pasture liability. "A" rated companies. Call us for a free quote. BERGERINSURANCE SERVICES, INC. 800 S. Parrott Ave. • Okeechobee wm3ergerinsurance.com ►-f (863) 763.6411 To: From: Subject: Date: • MEMORANDUM Mayor Kirk, Council Member Maxwell, Council Member O'Connor, Council 0 Member Watford and Council Member Williams Lane Gamiotea, City Clerk/Personnel Administrator Annual Evaluations for Administrator and Attorney February 21, 2012 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 March 6th 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 March 6"' meeting to give to Mayor Kirk. The Mayor will compile the scores. Thank you and please call if you have any questions. 3-o)D-I,q 0 MAYOR'S WORKSHEET TO CALCULATE AVERAGE SCORE ON EVALUATIONS: c,q, © la C ats Brian Whitehall John Cook Final Score from Mayor Kirk 313 Final Score from Maxwell 3V Final Score from O'Connor 1912 Final Score from Williams .30 Final Score from Watford 1 Total / y j / S Divided by (5) Evaluators 3 � [Divided by (8) Questions q , k7 Score Key: E=5.0 G = 4.0 S = 3.0 F=2.0 U = 1.0 3-ao- ra mcn Revised 11/16/09-LG \,.OF•oK6p0 s = e CITY OF OKEECHOBEE { , t EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date Brian Whitehall Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate Position ❑4-Mth Intermediate El6-Mth/End Probationary 6/1/2005 6/1/2005 pAnnual ❑Other__ T TO RA TIM" 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 a.f Extremely knowledgeable on all phases of work. CrC Thorough knowledge of most phases of work. SC Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. UC Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE.- (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's --A, Exceptionally accurate, completes & surpasses established quality standards. 10C Reliable, high quality & generally exceeds established standards. so 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. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed affinianfiv and affantivaiv EO Well exceeds required volume of work, meets production standards. GO Is consistent in meeting or exceeding production goals. Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. UC 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 anrl nrnrarlura.c E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. CC Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. so Usually gets job done according to schedule and within policy guidelines. FO Reluctant to accept responsibility, frequently fails to meet deadlines. V'' U9 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 ,"UHnniv to rhannec in nrocerhirp nrncess_ responsibility and assignments. RQ Displays superior enthusiasm in working with others and contributes to high morale in work unit. 0C Cooperative attitude and is interested in maintaining good working relationships. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. 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 ethnrlc fn imnrnye inh nr rmmnlete ta.ck.0 hetter EUJ Initiative results in frequent saving in utilization of time and resources. CC Very resourceful, assumes additional responsibility. so Displays initiative and completes assigned tasks to best of ability. FO Rarely shows any initiative, takes little responsibility. --t"° N "U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. T. WORK ENVIRONMENT AND SAFETY. Maintains a safe and pleasant work environment, follows safety regulations, . 4 .,,.yy-1,... ntrlh„tec tnu1a,4s a cafe workplace OV Q o 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. Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally s displays overall care in use of equipment and work area. Usually maintains orderly neat work area. FCMust 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. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of UCUnsafe. 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 use of earned leave time and willinoness to extend hours of work if necessarv. E Iways willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. goVery regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. SoPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. (0 Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE.- Overall appraisal of the emolovee's iob performance. OVERALL RATING: Circle one E 00 S O F 0 U List Accomplishments since last evaluation and any Comments: 1 rt/ ✓Q Iry hr �+� � � c �ov% �P � G� -- -a, t rvci ,/) Wi Discussion with Employee✓Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: ., Print Name: Brian Whitehall Date: a� Department Head Signatu : Print Name: James E. Kirk 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 y.pi-OHFFCy - CITY OF OKEECHOBEE b O { , EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date Brian Whitehall Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate 6/1 /2005 Position 6/1 /2005 ❑4-Mth Intermediate ❑ 6-Mth/End Probationary Annual C1Other 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 erform. Extremely knowledgeable on all phases of work. CC Thorough knowledge of most phases of work. SIC Adequate knowledge of most phases of work. FIC Lacks adequate knowledge of some phases of work. Inadequate knowledge of most phases of work. `� 2. Jae PERFORMANCE. (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's rk E Exceptionally accurate, completes & surpasses established quality standards. C,C Reliable, high quality & generally exceeds established standards. SIC Quality of work meets standards; sometimes requires reworking. F0Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. Quality of work is sometimes below standard; frequently requires reworking. 3. Jae PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed efficiently and effectively. EO Well exceeds required volume of work, meets production standards. GIGIs consistent in meeting or exceeding production goals. Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. UC 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 Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. CC Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. so Usually gets job done according to schedule and within policy guidelines. FC Reluctant to accept responsibility, frequently fails to meet deadlines. UqDoes +V' 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 Displays superior enthusiasm in working with others and contributes to high morale in work unit. OC Cooperative attitude and is interested in maintaining good working relationships. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. 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 //1 ClIIVVJ [V EO /III IvvG Initiative results in frequent saving in utilization of time and resources. Very resourceful, assumes additional responsibility. so Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. 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, UIIV c71.1/VG! I.Vllu lvVlcO a No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation F of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. OCMay 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. 0 0 8. ATTENDANCE.• Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and wNlin Hess to extend hours of work if necessar . Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. 00 Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. SoPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. 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 JET'@ �010 �Sjo �Fjo �U�o List Accomplishments since last evaluation and any Comments: i Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: Print Name: Brian Whitehall Date: Department Head Signature: Print Name: Devin Maxwell Date: f 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 Mriginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG y.OF•OKEF`H oWo CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date Brian Whitehall :5'10P4K-Zo1z _ Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate Position 04-Mth Intermediate ❑6-Mth/End Probationary 6/1 /2005 6/1 /2005 OAnnual ❑ 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 n n rfn rm E* Extremely knowledgeable on all phases of work. CyC Thorough knowledge of most phases of work. ScAdequate knowledge of most phases of work. FC Lacks adequate knowledge of some phases of work. UC 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. CC Reliable, high quality & generally exceeds established standards. so Quality of work meets standards; sometimes requires reworking. F0Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed efficiently and effectively. Ef Well exceeds required volume of work, meets production standards. go Is consistent in meeting or exceeding production goals. So Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. UC Productivity constantly below acceptable requirements; requires constant follow-up. 4. DEPENDARILITY, Can be relied upon to complete assigned task, follow instructions and adhere to operating policies E0Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. CvC Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. SC Usually gets job done according to schedule and within policy guidelines. F0 Reluctant to accept responsibility, frequently fails to meet deadlines. u Does not accept responsibility, fails to get the jab 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 superior enthusiasm in working with others and contributes to high morale in work unit. (�tDisplays Cooperative attitude and is interested in maintaining good working relationships. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. 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 rrvcurvVa cv nn .vvc 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. 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, clflu dI.GVCI cvnun✓urco ry rr o.uo u E0, 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. 0 • 8. 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 necessary. vgok CW 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. SoPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U0 Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCURF: Overall appraisal of the employee's job performance. OVERALL RATING: Circle one E* G 0 S 0 F 0 U 0 List Accomplishments since last evaluation and any Comments: t t, OUT Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: Print Name: Brian Whitehall Date: . Ifz— Department Head Signature Print Name: Mike O'Connor Date:s9i)4& Zp` EMPLOYEE MUST OBTAIN A SATIS ACTORY 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 P Revised 11/16/09-LG `�� OF OKEE,cy oW CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date Brian Whitehall Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate 6/1/2005 Position 6/1/2005 C14-Mth Intermediate ❑6-MthlEnd Probationary E lAnnual El Other K&r TV RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEVO& Employee possesses a clear understanding of the responsibilities and tasks he or she must perform _ E Extremely knowledgeable on all phases of work. Cy . Thorough knowledge of most phases of work. SIC Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. 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. SC 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. UU Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIINTY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed nffiriantly and affantival.. Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. SProduces work as assigned. Maintains assigned quantity of work. FC Productivity often below acceptable standards. (/ 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. Gc Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. SIC Usually gets job done according to schedule and within policy guidelines. FC Reluctant to accept responsibitity, 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 willinnly to rhnnrre.c in nrnrPdurn nrnracs rasnnn.cihility and a.c.einnmants EW Displays superior enthusiasm in working with others and contributes to high morale in work unit. C" C Cooperative attitude and is interested in maintaining good working relationships. S� Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. UC 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 iob or complete tasks better. EW Initiative results in frequent saving in utilization of time and resources. CC Very resourceful, assumes additional responsibility. So Displays initiative and completes assigned tasks to best of ability. FO Rarely shows any initiative, takes little responsibility. 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 artivaly rnntrihutes towards a cafes works/ace IF 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 uJC VI vallivu IU.— 11— - - -- - - - - - - Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates >F Q® 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. SCPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U0 Frequent un-excused absences; often deviates from scheduled work hours. =mAl 9XV1911D ANEV scavF. nvo-mil nnnraisal of the emalovee's iob performance. OVERALL RATING: Circle one E® �ig�o �S�o �Fjo �U�o List Accomplishments since last evaluation and any Comments: A/ .�x C;o-tCrz-,.✓/ �.--' Y�r�.r..��.. � �2ti' � yy� �i c� O E,.� Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Signature: ` Of Print Name: Brian Whitehall Date: 2 � Z Department Head Signature Print Name: Dowling Watford Date: 21Zq111 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 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16109-LG y.OF OKFf(yO =W CITY OF OKEECHOBEE 0 0 EMPLOYEE PERFORMANCE EVALUATION Employee Name Today' Date Brian Whitehall �, -'�O/ Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate Position ❑4-Mth Intermediate ❑6-Mth/End Probationary 6/1/2005 6/1/2005 [Z]Annual ❑Other EY TO RA TINOS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLFDOE, Employee possesses a clear understanding of the responsibilities and tasks he or she must narfnrm EC Extremely knowledgeable on all phases of work. 0 Thorough knowledge of most phases of work. ScAdequate knowledge of most phases of work. FC Lacks adequate knowledge of some phases of work. Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE. • (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. 4- NE31 Exceptionally accurate, completes & surpasses established quality standards. GC Reliable, high quality & generally exceeds established standards. ScQuality of work meets standards; sometimes requires reworking. Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed affiniPntly nnri affectivaly >F Well exceeds required volume of work, meets production standards. C, 0 Is consistent in meeting or exceeding production goals. So Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. UC 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 nrnrndurP.c EC Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. (l Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. so Usually gets job done according to schedule and within policy guidelines. FO 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 willinnly to rhnnnac in nr '-4 ra .n. e� -a:rs., r EO Displays superior enthusiasm in working with others and contributes to high morale in work unit. OW Cooperative attitude and is interested in maintaining good working relationships. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. Very poor cooperation, disrupts harmony in work unit. 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 mP.thndc to imnrnva inh nr rmmnlafa f—Lrc hnffar Initiative results in frequent saving in utilization of time and resources. KVery resourceful, assumes additional responsibility. SolDisplays initiative and completes assigned tasks to best of ability. FC Rarely shows any initiative, takes little responsibility. 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 rnntrihidps towards a safes wnrknlara E(XNo 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. v 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. UOUnsafe. 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. 0 0 8. ATTENDANCE. Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible .. s,. 4 M,. ..F r rL W n acc UJc V/ VGII/lIV E(&Always /vv vv •rrrry v..v .. ...... willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. 00 Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. SoPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. Frequent un-excused absences; often deviates from scheduled work hours. F/NAt PJ:VFaVMANCF rcavF! nvPrall annraisal of the emalovee's iob performance. OVERALL RATING: Circle one E G Q �Sjo �F�o �U�o List Accom lishments si last ev luation and any Comments: , C2 CASI�Y1'4�c S ` v/V I y C /7] /vev e . G m a'ae- Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Employee Si nature: Print Name: Brian Whitehall Date:tl Z Department ead S' re' Print Name: Clayton Williams Date O, 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 Nforiginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG C\ ,.of •ONFFCH o CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John Cook Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate Position 04-Mth Intermediate El6-MthlEnd Probationary 4/1/1988 4/1/1988 ElAnnual El Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOW[FDOE: Employee possesses a clear understanding of the responsibilities and tasks he or she must F Extremely knowledgeable on all phases of work. CC Thorough knowledge of most phases of work. SC Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. uct Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE. (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work EC E ceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. SC 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. 10 Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed afficiPntly and affPrtivPly_ E Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. so Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. UC Productivity constantly below acceptable requirements; requires constant follow-up. $. D€P€NDABILITY.• can be relied upon to complete assigned task, follow instructions and adhere to operating policies r a. €O Actively seeks additional responsibility, completes work assignments in less than standard time frames with min' um instructions. (� Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. so Usually gets job done according to schedule and within policy guidelines. FO 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 EO 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. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. 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 n,cu,vuo w E0 Initiative results in frequent saving in utilization of time and resources. (� Very resourceful, assumes additional responsibility. so Displays initiative and completes assigned tasks to best of ability. F° Rarely shows any initiative, takes little responsibility. my 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, anv ai,uvc, i.vnu�uuaco 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. Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally s displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F0Must 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. 0 9 8. ATTENDANCE. Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willin ness to extend hours of work if necessary. € Iways willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. GCVery regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. SCPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. V0 Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE. Overall appraisal of the employee's job performance OVERALL RATING: Circle one) € O G 0 S 0 F D F U 0 List Accomplishments since last evaluation and any Comments: Discussion with EmployeelComments from Supervisor or Employee: Supervisor Signature: Print Name: bate: Employee Signature: Print Name: John Cook Date: Department Head Signature: Print Name: James E. Kirk 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 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16109-LG . oF-oKEE yo so CITY OF OKEECHOBEE ' EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John Cook 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 4/1/19$8 ❑❑ElAnnual ❑Other K&Y TU RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLFDOE. Employee possesses a clear understanding of the responsibilities and tasks he or she must perform _ a Extremely knowledgeable on all phases of work. OC Thorough knowledge of most phases of work. SC Adequate knowledge of most phases of work. FC Lacks adequate knowledge of some phases of work. Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE. (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work EC Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. SC Quality of work meets standards; sometimes requires reworking. F0Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIN17Y (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed Pfficiently and nffartivaht EC Well exceeds required volume of work, meets production standards. (� Is consistent in meeting or exceeding production goals. roduceswork as assigned. Maintains assigned quantity of work. J roductivity often below acceptable standards. roductivity 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. ECActively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. 00 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. FO 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. EO 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. Generally displays a cooperative attitude and is interested in maintaining good working relationships. FU Very poor cooperation, disrupts harmony in work unit. 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. FO Rarely shows any initiative, takes little responsibility. U1 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 DMust 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. 8. ATTENDANCE: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible ., L . .-1. :f .. uJC V! C0171Gu icavu willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates OAlways 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. Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. UO Frequent un-excused absences; often de 'ates from scheduled work hours. rnvei nvpm/l a�nrgisal of the emalovee's iob performance. OVERALL RATING: Circle one F D G S D DTu 0 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: John COOT( Date: 3 � � Z, Department Head Signature: Print Name: D@Vifl Maxwell Date: 3 t 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 E10riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG 4 y. of'OtiEFyo CITY OF OKEECHOBEE 6 a { EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John Cook ff iiil,q�O • �Of"Z 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 El6-Mth/End Probationary 4/1/1988 4/1/1988 [Z]Annual ❑Other KEY TO RA TINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLEDOiE.- Employee possesses a clear understanding of the responsibilities and tasks he or she must narfnrm EC Extremely knowledgeable on all phases of work. CC Thorough knowledge of most phases of work. —so Adequate knowledge of most phases of work. FC Lacks adequate knowledge of some phases of work. Inadequate knowledge of most phases of work. Z. JOB PERFORMANCE. (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work E Exceptionally accurate, completes & surpasses established quality standards. GC Reliable, high quality & generally exceeds established standards. so Quality of work meets standards; sometimes requires reworking. FCFrequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIV/%Y (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed efficiently and Pffartivaly EC Well exceeds required volume of work, meets production standards. OC Is consistent in meeting or exceeding production goals. 5* Produces work as assigned. Maintains assigned quantity of work. FO 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 nrnrarinra.c E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. CC Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. -so Usually gets job done according to schedule and within policy guidelines. FO 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 willinaly to chanoes in orncPdure_ nrnce.cs_ resnonsihility and as.gionmants EkJ Displays superior enthusiasm in working with others and contributes to high morale in work unit. 00 Cooperative attitude and is interested in maintaining good working relationships. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. Very poor cooperation, disrupts harmony in work unit. 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 mnthnds to imnrnva inh or rmmnlata tasks hattar EO Initiative results in frequent saving in utilization of time and resources. CC Very resourceful, assumes additional responsibility. 5* Displays initiative and completes assigned tasks to best of ability. 03 Rarely shows any initiative, takes little responsibility. U0Needs 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 artivaly rnntrihutac tnwarrls a cafes wnrknlara E 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. Go 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. 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. 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 use of earned leave time and willingness to extend hours of work if necessary. EVAlways 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. SoPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. VO Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: Overall appraisal of the employee's job performance. OVERALL RATING: Circle one +E D G 4P S 0 F 0 U 0 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: John Cook Date: 3 Department Head Signature: Print Name: Mike O'Connor Date: v 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 • E Revised 11/16/09-LG �e CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John Cook Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: 2-Mth Intermediate 4/1/1988 Position 4/1/1988 ❑4-Mth Intermediate ❑6-Mth/End Probationary Annual El Other KEY TO RATINGS ---------------------------- --- E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KNOWLIEVOE. Employee possesses a clear understanding of the responsibilities and tasks he or she must n P rfn rm E Extremely knowledgeable on all phases of work. C, Thorough knowledge of most phases of work. ScAdequate knowledge of most phases of work. FC Lacks adequate knowledge of some phases of work. Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE- (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's wnrk_ EC Exceptionally accurate, completes & surpasses established quality standards. ec Reliable, high quality & generally exceeds established standards. —so 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. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed efficiently nnrt PffPrtivPly E(J Well exceeds required volume of work, meets production standards. GO Is consistent in meeting or exceeding production goals. SO Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. UC 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 nrnrarlura.c EC Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. CC 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. FO 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 willinniv to rhannac in nrnra qt -moo o l.no:h a:h...., .J #. EO Displays superior enthusiasm in working with others and contributes to high morale in work unit. Go Cooperative attitude and is interested in maintaining good working relationships. Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. goCooperates 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 mathnrdc to imnrnva inh nr rmmnlata tnckc hotter Initiative results infrequent saving in utilization of time and resources. Go Very resourceful, assumes additional responsibility. Displays initiative and completes assigned tasks to best of ability. FC Rarely shows any initiative, takes little responsibility. 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 cnntrihute.c tnwnrrl,z n .cafes wnrknlara ZAM 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. , " 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. F0Must 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 use of earned leave time and willinaness to extend hours of work if necessarv. OAlways willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. C ,0 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. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U0 Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCURF: Overall appraisal of the emolovee's iob performance. OVERALL RATING: Circle one F D 00 S F D U 0 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: John Cook Date: Department Head Signature: rint Name: Dowling Watford Date: 1'Lg In 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 DOriginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy Revised 11/16/09-LG OFOI(Ef Jay CS. 0 CITY OF OKEECHOBEE i EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's ate John Cook -''J 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-MthlEnd Probationary 4/1/1988 4/1/1988 ElAnnual ❑Other___----------- KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY L JOB KnOWLEMF: Employee possesses a clear understanding of the responsibilities and tasks he or she must r,F - EC Extremely knowledgeable on all phases of work. C, Thorough knowledge of most phases of work. SIC Adequate knowledge of most phases of work. FC Lacks adequate knowledge of some phases of work. Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's '.'_A' EC Exceptionally accurate, completes & surpasses established quality standards. CT Reliable, high quality & generally exceeds established standards. SO Quality of work meets standards; sometimes requires reworking. F0Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY. (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are completed afficiantiv ant effectively_ EO Well exceeds required volume of work, meets production standards. 0 Is consistent in meeting or exceeding production goals. so Produces work as assigned. Maintains assigned quantity of work. FO Productivity often below acceptable standards. U0 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 ECActively �J seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. CC 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. FC Reluctant to accept responsibility, frequently fails to meet deadlines. V0Does 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 r��E;60 -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. so Generally displays a cooperative attitude and is interested in maintaining good working relationships. FO Very poor cooperation, disrupts harmony in work unit. 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 EQ Initiative results in frequent saving in utilization of time and resources. CC Very resourceful, assumes additional responsibility. Displays initiative and completes assigned tasks to best of ability. F 2,. 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, anu o�,uvc� ..w n.wuaa.o 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. . 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. Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally S 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. • • S. ATTENDANCE.• Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use or eanieu iaavc u111c Of' �.�,�,�� ..��.. ... ........... ....�.., �. .._..... ..------- O Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. C vo 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. FO Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. UO Frequent un-excused absences; often deviates from scheduled work hours. rwA, prorijoyamer cempr. nilprall annrai�al of the emDlovee's iob performance. OVERALL RATING: Circle one F O G S ,F 0 U D Lis ccompl'sh ents ge last � C � last) valuation nd any Co�;Ve one nts: a 1RQe Ci Q l o W 60 Discussion with Employee/Comments from Supervisor or Employee: Supervisor Signature: Print Name: Date: Z Zo Empl ee Signature: Print Name: John COOT( Date: Depa ent i re, Print Name: Clayton Williams 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 DOriginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy The Updates! mLn F�C� from the City Administrator's Desk SS SE 3rd Av., Okeechobee, FL 34974 City Council meeting of March 20, 2012 • Chamber of Commerce Lease — on Agenda is a new lease, however we have had a few counteroffers to the City's proposal. From the Chamber Board: The Board agrees with the terms of the first year as written. Subsequent to that, the Chamber will pay up to a maximum of three thousand dollars ( $3000.00) annually for the term of the lease for all maintenance and repair and or improvements of the structural components, as well as the roof, windows, doors , including the normal maintenance and repairs to said premises, being plumbing, heating, electrical, air conditioning, etc.. The Board proposes the City will assume the responsibility of any annual expenses in the excess of three thousand dollars ($3000) for any of the above repairs for the term of the lease. From City Administration/ City Atty: We all agree that the complexion of the arrangement is much different from the prior occupant. We've established that the City owns the bldg and as owner, even with the uniqueness of our arrangement, typically is responsible for the building itself. We might consider simplifying the lease to have the City responsible for the roof and the chamber responsible for everything else. • Evaluations for City Admin and City Atty are on the Agenda. • 2012 legislative session — Grant possibilities — On a daily basis am working w/ the Governor's office to substantiate two grants of which I've referred to — 1. The chronic canal cleanup process. Recall we spent $50k on canal clean about 4 years ago, but we didn't do any dredging to speak of. This would be a more extensive project and the request is for $250k 2. The Commerce park ($200k) SFWMD permitting remains undone as it incorporates water retainage methods, incl weirs and dry retainage, berms etc on each lot that we have held will be developed as the lots are sold. I can see SFWMD's philosophy of completing the permit appropriately and therefore advocate funding. The funding will also help the City complete the southernmost lake area that was left a bit undone as we faced money constraints then w/ the prior grant funding (however, ya know the City actually generated additional funds by marketing the excavated dirt at that time). Legislative report — Have a summary report from Dale Milita that is enclosed in the packet. Their appearance is on the Agenda. • Ord #1082 (OUA&General), Ord#1083 (Police) and Ord#1084 (Fire) Pension ordinances which essentially change 'actuarial equivalent' definitions, incl lower interest rates and modifying the annuity mortality tables along with verbiage to coincide w/ state law on calculation of final earnings. Plan Atty Scott Christiansen is also on the Agenda to explain. Page 1 • 31201112 Activity Rpt Cont'd — C� • CDBG for housing repair grant - The 3/9/12 prebid process reviewed the first two houses; Beverly Alvarado, 605 NW 17th St and Mattie Wyatt, 105 NW 5th St. To receive bids on April 6th for these houses. • Proposed park at SE 6th Av and SE 7th Street - 1. Playground area incl one additional chickee 2. Fence only around the playg'd area 3. At shore line, no terracing, no fencing, yes to sloping 4. Restrooms investigation continues 5. Administratively — devel new costs est, construction flow chart/timeline, project maintenance estimates, City PWks capabilities, solicit donations publicly 6. Concur w/ recognition and rules/regs signage, residential night lighting • CSX depot - I'm trying to reach CSX to exact the disposition of a rumored sale to Keith Walpole. Will keep you apprised as soon as I find something out. • Recognizing three Okeechobee young men on the Agenda that saved a drowning woman in Ft Pierce several months ago. It's been difficult for the Clerk's office to coordinate their schedules to get them here at one time. City Attorney: • Carter Pritchett Advertising v. City billboard issue - Previously you rec'd a letter from Atty Bob Shearman explaining that an agreement on a 15 yr teardown stipulation (for only one sign to be constructed) had been met but an additional cash settlement was requested. As of last Thurs, 3/15/12 we have been advised that apparently Mr. Ramunni's clients have reconsidered asking for the construction of two signs and a cash settlement. Therefore, I've requested a formal written document from Atty Shearman, agreed upon by Atty Ramunni, so as to not get into a target chasing process Further, I've sought PRM claim clarification on the settlement, particularly in light of the request for a monetary request. • Florida Public Utilities Franchise — (Ord #1081 2"d Rdg was rejected at the 1/17112 mtg pending additional information) We've continued analyzing other natural gas franchise agreements including soliciting info from existing FPU customers. City Clerk: • Ordinance providing for filling a City Council vacancy - Ord #1085 is on the Agenda. See Clerk's memo w/ Exhibit. • Procedure in the event of an election tie —Recall that the Council's request was to investigate minimizing the number of days to hold a subsequent run-off Special Election. General Services: • Temporary Use/temp structure permit process - We are investigating what other communities are up to on this front. I heard some of the Council members express concern at meetings about the need for the City to intervene in a function on private property and I continue to get feedback Page 2 • • 3120112 Activity Rpt Cont d — Gen Services as we complete applications and the applicant seeks interpretation from City Councilmen. Fire Dept & Code Enforcement: • Medical Director Agreement - On the Agenda is the Agreement that the Fire Dept is statutorily required to provide, identifying the party/position. The City has had it in effect for a few years but simply wishes to make it a muli-year contract vs going through the renewal each year. • Nuisance properties in Dean's Ct — In June 2011 the City passed a Resolution advocating a County DREF (Disaster Recovery Enhancement Fund) grant for demo on dilapidated properties ... to date we haven't executed anything. Police: • Activity report for Jan/Feb is attached. Public Works/Engineering: • Signal at SW 5tn Av and S Park St — You recall as part of our 441/70 discussion Phil Berger mentioned that the east/west traffic at the 5tn Av/Park St intersection waits a disproportionate amt of time to negotiate the signal. Our conversation w/ The Signal Group and FDOT is that any tweaking of the light timing will cause it to no longer synchronize w/ SR 70. Currently every other north/south green light corresponds w/ a north/south green light at 70. Up until a few years ago we had major complaints w/ the north/south traffic which was corrected by the current timing and we've rec'd virtually no complaints since. The current set up is that 5 Av always is the default and between 6am and 5pm the signal is set on a timer which completely favors SW 5tn. After 5pm and on weekends the 'looping' process works which, upon approaching 5tn sets off a timer that is suppose to trigger within approx 45seconds. We've fine toned that to make sure that's working now. We have two choices which include making Park St traffic wait (as it is now), or return to the normal looping which interrupts 5tn Av traffic consistently. • Hiring a mechanic - Unfortunately, one of the two recently hired full time employees in the Public Wks dept did not make it through the probationary period. As you may recall, the City retained two part time employees last summer, thinking we would hire one of them at summer end. As we approached the end of the summer an additional full time employee chose to retire, so the City kept both the hires. One of those worked for the City a few weeks and quit last fall. So, the City took applications again for a full time employee and that is the one that failed to make it through the probationary period. Having said all that, we have decided to advertise for a full time mechanic and see what interest that might generate. In the last year 3 of our regular full time ppl chose retirement and one included our mechanic. We are still optimistic that the replacement we hired from last yr's summer program is mechanic literate, but we tho't it may be advantageous if there happens to be a fully certified mechanic available. Page 3 • 31201112 Activity Rpt Cont'd - • Hiring summer help - Further, at least at the moment, once we hire the mechanic we will still be one person short and plan to subscribe to hiring two part time employees through the summer and possibly picking the best candidate at summer end to fill that vacancy. • 441 & SR 70 intersection improvement - FDOT continues to study, study, study as there was an entourage here last Wed., 3/14/12 reviewing traffic counts and identifying utilities. Timeline- Phase 1 60% (Jan 2012), Phase II (Jul 25) 90%, Phase 4 - Nov, Final 12/20/12, Utility clearances, development of bids and budget timing move the tentative bid letting to 12/4/13. Attached is the letter we sent to FDOT expressing our views on the various accessory improvements. • City Engineer - I have given this position an inordinate amount of thought. I've examined the position in the context of the organization and what we need and are missing ... in connection w/ General Services, Public Works and Administration. The job can be of vital assistance to each of those departments and fill a void that's becoming more transparent and increasingly difficult to deal with in Oscar's absence. I've compared the job duties of the Public Works Director and how they fold together w/ the prior engineering job along w/ how that job assists General Services and I've concluded that we need to reevaluate Donnie Robertson's job to make the most of his positive attributes while moving his office skills, design work, reporting, detailed planning type of duties to the new position. It's all a work in progress but wanted to at least keep you informed. • SW 21 Storm sewer project funding - The County has been given tentative State grant approval and as soon as formal grant -use confirmation is reed they plan on moving to the bid stage. • Asphalt project - Staff met this week to fine tune the project. The project has grown a bit more than I like, therefore l we are preparing priority -based spreadsheet that we can readily modify based on project bid or your influence. Continuing to work on same. • 200 blk of SW 11 `n Street dry retention area - As part of a County 2008 hurricane disaster mitigation CDBG, at an estimated $20, 000, the project calls for essentially excavating the R-O-W and replaced with a dry retention area. While close to bidding apparently there's some housekeeping issues incl SFWMD permitting and a CSX issue at another location using the same grant. Sidewalk program 2012 - We have begun developing next year's project. if you have input on the matter pls advise. Page 4 OKEECHOBEE POLICE DEPARTMENT ROAD PATROL MONTHLY REPORT JANUARY/FEBRUARY 2012 The 2011 unit change over is complete and went well with no issues. Desoto S.O. and Sebring P.D. have picked up their units. Temple Terrace P.D. advised they would pick up their units either the last week in Feb. or the first week in March. We have received all our portable radios but are short 2 mobile radios for the new system. Total count to date is 27 portables and 21 mobiles. We have 2 desktop radios for dispatch and FD has 1 here in our building for a total of 3 desktop radios. Dispatcher Romero will be finishing the academy next month (March). We plan on attending his graduation. We have a total of 4 part time officers to date. Two of which we use on a regular basis (Williams & Enderle). Enderle is scheduled to be our next hire when the position arises. While the Departments employee stability rises and less officers seeking other employment opportunities like we once had in the past, so does OT output. With officers staying put they accumulate vacation that they have to use or risk losing it after they reach 240 hours. In the past officers took jobs with other agencies that never allowed them to use vacation that would cause their position to have to be filled by an officer on OT. Our part time and evening shift officers offset the majority of the OT. This year we've been short Tarner for obvious reasons and Green was out injured or on light duty for the majority of this budget year to date. These issues along with an increase in vacations have caused the department to be slightly higher in OT usage than last year. We've eliminated some OT such as the fair detail, working smaller parades as escorts that require 4 officers rather than the whole PD and street department and park details. OF O�F�c y m ' o t 1915 City of Okeechobee March 8, 2012 Kevin Ingle, PE, Senior Project Manager (Sent to: kevin.ingle@dotstate.fLus) FLORIDA DEPT OF TRANSPORTATION, DISTRICT 1 801 N Broadway Av Bartow FL 33831 RE: SR 70 & US 441 intersection improvements — Okeechobee The City of Okeechobee, after deliberations in a public meeting, has requested the following esthetic components be incorporated into the preliminary architectural and landscape design of the US441/SR70 intersection improvements: l . That the hardscape design takes into account that the intersection is located in the center of the City's downtown. 2. That including color and texture to the sidewalk design would be consistent with the existing downtown improvements. 3. That including a brick paver border to sidewalk design would be consistent with the existing downtown improvements. 4. That park benches should be of a style and construction that is consistent with existing downtown improvements. 5. That as much landscaping as the design criteria permits, should be included, where space is available in medians and at roadside, including irrigation systems, to complement the roadway. 6. That ornamental trees, such as crepe myrtles or decorative palms, should be included in between replacement oaks on_the _ South side of SR70, _to_provide additional .color and consistency with existing trees on the North side of SR70. 7. That crosswalks should receive color and texture consistent with the downtown area, as permitted by design criteria. 8. That mast arm signalization design construction should be installed at the intersection with painted galvanized structure 1 55 S.E. Third Avenue , Okeechobee. Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 In connection with this request, please consider the following: That this request is made in furtherance of the Traffic Circulation Element of the Comprehensive Plan of the City of Okeechobee, Sections 3.2 and 4.2, which require the City of Okeechobee to report to FDOT any needed improvements, and to continually review applicable FDOT plans and progress for consistency with the City's local project standards. That this request is made in furtherance of the Traffic Circulation Element of the Comprehensive Plan of the City of Okeechobee, which provides for a roadway plan that integrates acceptable design standards. The need for coordination between the FDOT and the City is essential in this instance in order to integrate the FDOT's project design criteria with the City's local project design standards. That the City of Okeechobee is obligated to provide roadway needs that integrate acceptable design standards, pursuant to Objective 6 of its Comprehensive Plan. That the goal of the intersection improvement, to increase traffic flow, disrupts the local street network by closing median crossings, and the project should attempt to mitigate economic harm to downtown businesses, through esthetic improvements that define the downtown area. Sincerely, /s/�ames C�rrk (signed in Mayor Kirk's absence so as to avoid delay) Mayor James Kirk C: Nicole E Mills, PE, FDOT Dist Project Management Eng (nicole.mills(a dozstate. fLus) -Erik Leschak PE, Arneric7an Consulting Professions—l's LLC (eleschaTi&cp ft;com)" Celia Nichols, Nichols Landscaping Architecture, Inc, (celia(nichols-la.com) 2