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2012-04-03CITY OF OKEECHOBEE APRIL 3, 2012 REGULAR CITY COUNCIL MEETING PAGE 1 OF 10 '703 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor: April 3, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Edward Weiss, D.D., Church of Our Saviour; Pledge of Allegiance to be led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2012 as "Fair Housing Month." Mayor Kirk called the April 3, 2012, Regular City Council Meeting to order at 6:00 p.m. In the absence of Father Edward, the invocation was offered by Assistant Pastor Allen Patterson, of the Presbyterian Church; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Absent Present Absent Present Present Present Present Present Mayor Kirk proclaimed the month of April 2012 as Fair Housing Month and read the following into the record: "WHEREAS, April 11, 2012 marks the 44�h anniversary of the passage of the U.S. Fair Housing Law, Title Vlll of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, The City of Okeechobee is committed to highlight the Fair Housing Law, Title Vill of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair 70 APRIL 3, 2012 - REGULAR MEETING - PAGE 2 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED, A. Proclaim the month of April 2012 as "Fair Housing Month" continued. B. Proclaim the month of April 2012 as 'Child Abuse Prevention Month." C. Proclaim the month of April 2012 as "Water Conservation Month.' V. MINUTES - City Clerk. (Continued from page one) housing. NOW, THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "Fair Housing Month"' and urges all citizens to celebrate Fair Housing throughout the year." City Clerk Gamiotea will forward the proclamation to the City's Grant Consultant, Nancy Phillips. Mayor Kirk proclaimed the month of April 2012 as Child Abuse Prevention Month and read the following into the record: "WHEREAS, National ChildAbuse Prevention Month will be recognized throughout the United States during the month of April 2012; and WHEREAS, preventing child abuse and neglect is a community problem' that depends on involvement among people throughout the community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don't know'' how to cope; and WHEREAS, during periods of economic challenges, families feel more vulnerable, and as a result, child abuse and neglect increases drastically; and WHEREAS, child abuse and neglect can be reduced by making sure each family has the support they need to raise their children in a healthy' environment; and WHEREAS, CASTLE's mission is to prevent child abuse andneglect through education and awareness. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City' of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "Child Abuse Prevention Month" and i commit this observance to the people of our community." Ms. Rossanna Gonzalez, Relations Consultant for CASTLE, (Child Abuse Services, Training and Life Enrichment) was present and thanked the City for their support. Due to a scheduling conflict, the proclamation for Water Conservation will be presented at the April 17, 2012 City Council meeting. A. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 20, 2012 Regular Meeting. March 20, 2012 Regular Meeting; seconded by Council Member Watford. Clerk Gamiotea informed the Council that a typographical error on page five was corrected on the official minutes to show Council Member O'Connor as voting yea rather than being absent. This correction did not require official action. VI. AGENDA - Mayor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT 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. III There were none. APRIL 3, 2012 -REGULAR MEETING -PAGE 3 OF 10 706 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII, OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION AT 6:08 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No. 1082, General Council Member Watford moved to read by title only, proposed Ordinance No. 1082, amending the City General EmployeeslOUA Pension Plan - City Attorney (Exhibit 1). Employees and OUA Retirement Plan; seconded by Council Member O'Connor. b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1082 by title only. Council Member Watford read proposed Ordinance No. 1082 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCENO.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." 2, a) Motion to adopt proposed Ordinance No. 1082. Council Member O'Connor moved to adopt proposed Ordinance No. 1082; seconded by Council Member Watford. b) Public comments and discussion. There were no comments from the public. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED, B.1. a) Motion to read by title only, proposed Ordinance No. 1083, Police 111 Council Member Watford moved to read by title only, proposed Ordinance No. 1083, amending the Police Officers' Pension Plan - City Attorney (Exhibit 2). Retirement Plan; seconded by Council Member O'Connor, b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. 7G � APRIL 3, 2012 - REGULAR MEETING - PAGE 4 OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 1083 by title only. Council Member Watford read proposed Ordinance No. 1083 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEEAMENDING THE CITYOFOKEECHOBEE MUNICIPAL POLICE OFFICERS'PENSIONTRUST 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 adopt proposed Ordinance No. 1083. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1083; seconded by Council Member Maxwell. b) Public comments and discussion. There were no comments from the public. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. C.1. a) Motion to read by title only, proposed Ordinance No. 1084, III Council Member Watford moved to read by title only, proposed Ordinance No. 1084, amending the Firefighters Firefighters Pension Plan - City Attorney (Exhibit 3). Retirement Plan; seconded by Council Member O'Connor. b) Vote on motion to read by title only. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1084 by title only. Council Member Watford 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 III CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt of proposed Ordinance No. 1084. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1084; seconded by Council Member Watford. b) Public comments and discussion. There were no comments from the public. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. APRIL 3, 2012 - REGULAR MEETING - PAGE 5 OF 10 9O% II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. C. 2. c) Vote on motion to adopt proposed Ordinance No. 1084. KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - ABSENT MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No. 1085, Council Member Watford moved to read by title only, proposed Ordinance No. 1085, authorizing the City Council to authorizing the City Council to fill vacancies of elected official offices fill vacancies of elected official offices; seconded by Council Member O'Connor. - City Attorney (Exhibit 4). b) Vote on motion to read by title only. KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1085 by title only. Council Member Watford 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 adopt proposed Ordinance No. 1085. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1085; seconded by Council Member Watford. b) Public discussion and comments. There were no comments from the public. As explained at the first reading, this amendment is based on research by Attorney Cook and Clerk Gamiotea, in order to meet their requirements 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." Due to concerns raised by Council Member Maxwell, Attorney Cook submitted additional clarification in Exhibit Four to reassure the Council that the Charter was not being amended. Since the Charter at one time had language in Section 15 that related to vacancies in office, this has been construed to mean filling vacancies in departments, not the City Council; it is now meaningless, as subsequent to the 1973 Municipal Home Rule Act, the City adopted Ordinance 390 in 1976. This ordinance, which was approved by referendum, abolished Section 15 in the Charter. Thus, whether it meant Department Personnel or Council, it is no longer contained in the Charter. /QQ APRIL 3, 2012 - REGULAR MEETING - PAGE 6 of 10 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. D. 2. b) Public discussion and comments on proposed Ordinance No.1085 While it is still true that many charter amendments must be made by referendum, in this case, when the Charter continued. contains no language or procedures on the subject, the adoption of an ordinance establishing such procedures is obviously not a change to the Charter. In a similar situation, the office of Attorney General rendered an opinion that: Local legislation providing for filling vacancies on appointive Municipal Boards would not appear to act as a Charter amendment in possible violation of F. S.166.021 or f 66.031, as the Municipal Charter contained no provision for filling vacancies on such boards. AGO 2009-43. The proposed Ordinance No.1085 must contain the authorization for the City Council to fill the vacancy; however as was mentioned at first reading, the actual procedures to make appointment that are proposed are optional or subject to re -wording should the Council so choose. Clerk Gamiotea distributed a memorandum containing research and background information on the issues. In 2000, the City began a three year clean-up process on the Charter and Code Book which was directed by the Municipal Code team of attorneys, as well as their Senior Attorney Alyce Whitson. All City Department Heads, Attorney Cook, Clerk Thomas, and at the time, Deputy Clerk Gamiotea were involved with this process. Any Charter Sections that were legally eligible were converted to ordinances, editorially noted and moved. What was Charter Section 8 is now Code Section 2-36, which reads that the City Council has the authority to fill vacancies in City offices. The City Council, in 1994, by motion and vote, appointed Jerry Walker to fill the position as Council Member (citing Charter Section 8 as the authority). Attorney Cook and Clerk Gamiotea both agreed that since the changes to the Code Book, it would be better to follow suit of several other cities and have a section that clearly governs the filling of vacancies for elected officials offices, in addition to Section 2-36 that could be construed to mean all offices except elected. Council Member Maxwell noted his preference to the matter being addressed in the Charter and carried out by a Special Election. In order to do this, a referendum would be required to go before the voters at the 2012 primary. In the memorandum noted above by Clerk Gamiotea, the research shows out of 176 cities,141 addressed the filling of vacancies for elected officials in their charter;10 addressed this issue in their code; 25 were undetermined, due to no language found in either charter or code, of those, 2 chose Special Election, and 149 gave their Council the authority to fill the vacancy. Council Member Maxwell continued to have areas of concern and was apprehensive to support the adoption of this ordinance. Mayor Kirk, Council Members Watford and O'Connor were in favor of moving forward with this ordinance and with the Council filling the vacancy. The public was notified of the proposed ordinance, and were given the opportunity to voice their opinion at this meeting. No one noted they had received calls on this issue. 0 AGENDA VII, PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. D. 2. b) Public discussion and comments on proposed Ordinance No. 1085 continued. c) Vote on motion to adopt proposed Ordinance No.1085. CLOSE PUBLIC HEARING - Mayor. Vlll. NEW BUSINESS. A. Motion to approve Okeechobee Main Street's 4`h Mural Display - Bridgette Waldau, Arts and Culture Director. APRIL 3, 2012 -REGULAR MEETING -PAGE 7 OF 10 !d? COUNCIL ACTION - DISCUSSION - VOTE At the first reading, Council Member Williams pointed out the language in proposed Ordinance No.1085 could cause the terms from being staggered as set out in the Charter. A revised Ordinance No.1085 was distributed for Council to consider amending the language in Section 2-39 as follows: "Should any vacancy occur at any time in any elective office of the City of Okeechobee, whether by death, resignation, forfeiture, removal or otherwise, said elective office shall be promptly filled by the appointment of a person who qualifies for a City office, by a majority vote of the City Council. Said appointee shall hold the office for that period of time remaining in the office to which he or she is appointed, and until he or she is then elected in a general election, or their successor in office is duly elected and qualified.,, Council Member Watford moved to amend proposed Ordinance No.1085, to include the revised language (as set out in Section 2-39 and written above); seconded by Council Member O'Connor, VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED To AMEND. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC NEARING AT 6:43 P.M. Council Member Watford moved to approve Okeechobee Main Street's 41h Mural, to be painted by local artist Joseph Steiert, at the old bank building (Culbreth Building) at North Park Street and Northwest 51h Avenue; seconded by Council Member O'Connor, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA �� » WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. `?/0 APRIL 3, 2012 - REGULAR MEETING - PAGE $ OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II Vill. NEW BUSINESS CONTINUED. B. Consider Citizen Board Appointments - City Clerk (Exhibit 5). Exhibit Five included a memorandum from Clerk Gamiotea explaining: vacancies were published as a large display type advertisement, listing all citizen boards, meeting times, residency requirements, potential and current vacancies. In February, this ad was published in the Okeechobee News once, and the Penny Saver for three consecutive weeks. Since January it has appeared on the City's bulletin boards and website as well as the weekly Okeechobee Main Street Clipboard. To date, we have not received any applications from City residents to be considered for appointment to the Code Enforcement Board. We received one County resident application. Council Member O'Connor moved to reappoint Mr. Jamie Gamiotea to the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015; seconded by Council Member Watford, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member O'Connor made a motion to move Mr. Ted Denisuk from alternate to regular member on the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015, (filling the position previously held by Frank Irby), seconded by Council Member Watford. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. This leaves an alternate member vacancy on the Code Enforcement Board, term ending April 30, 2014. The Clerk's Office will continue advertising until it is filled. Council Member Watford moved to reappoint Mrs. Dawn Hoover as regular member to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1, 2012 to April 30, 2015, seconded by Council Member O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 9 OF 10 %// 1 1 1 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. B. Consider Citizen Board Appointments continued. Council Member Watford made a motion to move Mr. Gary Ritter from alternate to regular member on the Planning Board/Board of Adjustment/Design Review Board, term for May 1 2012 to April 30, 2015, (replacing Mr. Osiel Luviano at the end of his term); seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to reappoint Mr. Phil Baughman as alternate member to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1 2012 to April 30, 2015; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to appoint Mr. Les McCreary, as an alternate member, to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1 2012 to April 30 2014 (filling Mr. Ritter's term due to previous action); seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. 9r1. APRIL 3, 2012 - REGULAR MEETING - PAGE 10 OF 10 AGENDA X. ADJOURN MEETING - Mayor. COUNCIL ACTION - DISCUSSION - VOTE Please take notice and be advised that when a person decides to appeal any decision There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:56 p.m. made by the City Council with respect to any matter considered at this meeting, The next regular scheduled meeting is April 17, 2012 at 6:00 p.m. 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. K� . AT TEST: James E. Kirk, Mayor Lane amiotea, C C., City Clerk CITY OF OKEECHOBEE APRIL 3, 2012 REGULAR CITY COUNCIL MEETING AGENDA I. CALL TO ORDER - Mayor: April 3, 2012, City Council Regular Meeting, 6:00 p.m. IL OPENING CEREMONIES: Invocation to be given by Reverend Edward Weiss, D.D., Church of Our Saviour; Pledge of Allegiance to be led by the Mayor. Ill. 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. Proclaim the month of April 2012 as "Fair Housing Month." PAGE 1 OF 10 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 3, 2012, Regular City Council Meeting to order at 6:00 p.m. In the absence of Father Edward, the invocation was offered by Assistant Pastor Allen Patterson, of the Presbyterian Church; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Absent Present Absent Present Present Present Present Present Mayor Kirk proclaimed the month of April 2012 as Fair Housing Month and read the following into the record: "WHEREAS, April 11, 2012 marks the 44" anniversary of the passage of the U.S. Fair Housing Law, Title Vlll of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing !, opportunities for all citizens; and WHEREAS, The City of Okeechobee is committed to highlight the Fair'' Housing Law, Title Vlll of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities,' and to plan partnership efforts with other organizations to help assure every American of their right to fair APRIL 3, 2012 - REGULAR MEETING - PAGE 2 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of April 2012 as "Fair Housing Month" (Continued from page one) housing. NOW, THEREFORE,1, James E. Kirk, by virtue of the authority vested in continued. me as Mayor of the City of Okeechobee, Florida, do herebyproclaim the month of April 2012 as "Fair Housing Month"' and urges all citizens to celebrate Fair Housing throughout the year. "City Clerk Gamiotea will forward the proclamation to the City's Grant Consultant, Nancy Phillips. B. Proclaim the month of April 2012 as "Child Abuse Prevention Mayor Kirk proclaimed the month of April 2012 as Child Abuse Prevention Month and read the following into the j Month." record: "WHEREAS, National Child Abuse Prevention Month will be recognized throughout the United States', during the month ofApril 2012; and WHEREAS, preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don't know how to cope; and WHEREAS, during periods of economic challenges, families feel more vulnerable, and as a result, child abuse and neglect increases drastically; and WHEREAS, child abuse and neglect can be reduced by making sure each family has the support they need to raise their children in a healthy environment; and WHEREAS, CASTLE's mission is to prevent child abuse andneglect through education and awareness. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City' of Okeechobee, Florida, do hereby proclaim the month ofApril 2012 as "Child Abuse Prevention Month" and 1 commit this observance to the people of our community." Ms. Rossanna Gonzalez, Relations Consultant for CASTLE, (Child Abuse Services, Training and Life Enrichment) was present and thanked the City for their support. C. Proclaim the month of April 2012 as "Water Conservation Month." III Due to a scheduling conflict, the proclamation for Water Conservation will be presented at the April 17, 2012 City Council meeting. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 20, 2012 Regular Meeting. March 20, 2012 Regular Meeting; seconded by Council Member Watford, Clerk Gamiotea informed the Council that a typographical error on page five was corrected on the official minutes to show Council Member O'Connor as voting yea rather than being absent. This correction did not require official action. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA VI, AGENDA - Mayor. WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's�I Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. APRIL 3, 2012 - REGULAR MEETING - PAGE 3 OF 10 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE VII. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION AT 6:08 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No. 1082, General 111 Council Member Watford moved to read by title only, proposed Ordinance No. 1082, amending the City General EmployeeslOUA Pension Plan - City Attorney (Exhibit 1). Employees and OUA Retirement Plan; seconded by Council Member O'Connor. b) Vote on motion to read by title only. 0 c) City Attorney to read proposed Ordinance No. 1082 by title only. 2. a) Motion to adopt proposed Ordinance No, 1082. b) Public comments and discussion. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No.1083, Police Pension Plan - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford read proposed Ordinance No. 1082 by title only as follows: "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." Council Member O'Connor moved to adopt proposed Ordinance No. 1082; seconded by Council Member Watford. There were no comments from the public. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No.1083, amending the Police Officers' Retirement Plan; seconded by Council Member O'Connor. KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - ABSENT MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 4 OF 10 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No.1083 by title only. Council Member Watford read proposed Ordinance No.1083 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEEAMENDING THE CITYOFOKEECHOBEEMUNICIPALPOLICE OFFICERS`PENS/ONTRUST 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." 2. a) Motion to adopt proposed Ordinance No.1083. b) Public comments and discussion. c) Vote on motion. C.1. a) Motion to read by title only, proposed Ordinance No.1084, Firefighters Pension Plan - City Attorney (Exhibit 3). b) Vote on motion to read by title only. Council Member O'Connor moved to adopt proposed Ordinance No.1083; seconded by Council Member Maxwell. There were no comments from the public. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 1084, amending the Firefighters Retirement Plan; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1084 by title only. Council Member Watford 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 CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt of proposed Ordinance No.1084. 111 Council Member O'Connor moved to adopt proposed Ordinance No.1084; seconded by Council Member Watford, b) Public comments and discussion. There were no comments from the public. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. 0 11 APRIL 3, 2012 - REGULAR MEETING - PAGE 5 OF 10 i II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. C. 2. c) Vote on motion to adopt proposed Ordinance No. 1084. KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - ABSENT MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No. 1085, 1 Council Member Watford moved to read by title only, proposed Ordinance No. 1085, authorizing the City Council to authorizing the City Council to fill vacancies of elected official offices fill vacancies of elected official offices; seconded by Council Member O'Connor. - City Attorney (Exhibit 4). b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1085 by title only. Council Member Watford 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; 11 PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1085. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1085; seconded by Council Member Watford. b) Public discussion and comments. There were no comments from the public, As explained at the first reading, this amendment is based on research by Attorney Cook and Clerk Gamiotea, in order to meet their requirements 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." Due to concerns raised by Council Member Maxwell, Attorney Cook submitted additional clarification in Exhibit Four to reassure the Council that the Charter was not being amended. Since the Charter at one time had language in Section 15 that related to vacancies in office, this has been construed to mean filling vacancies in departments, not the City Council; it is now meaningless, as subsequent to the 1973 Municipal Home Rule Act, the City adopted Ordinance 390 in 1976. This ordinance, which was approved by referendum, abolished Section 15 in the Charter. Thus, whether it meant Department Personnel or Council, it is no longer contained in the Charter. APRIL 3, 2012 - REGULAR MEETING - PAGE 6 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. D. 2. b) Public discussion and comments on proposed Ordinance No. 1085 While it is still true that many charter amendments must be made by referendum, in this case, when the Charter' continued, contains no language or procedures on the subject, the adoption of an ordinance establishing such procedures is obviously not a change to the Charter. In a similar situation, the office of Attorney General rendered an opinion that; Local legislation providing for filling vacancies on appointive Municipal Boards would not appear to act as a Charter amendment in possible violation of F.S.166. 021 or 166. 031, as the Municipal Charter contained no provision for filling vacancies on such boards. AGO 2009-43. The proposed Ordinance No.1085 must contain the authorization for the City Council to fill the vacancy; however as was mentioned at first reading, the actual procedures to make appointment that are proposed are optional or subject to re -wording should the Council so choose. Clerk Gamiotea distributed a memorandum containing research and background information on the issues. In 2000, the City began a three year clean-up process on the Charter and Code Book which was directed by the Municipal Code team of attorneys, as well as their Senior Attorney Alyce Whitson. All City Department Heads, Attorney Cook, Clerk Thomas, and at the time, Deputy Clerk Gamlotea were involved with this process. Any Charter Sections that were legally eligible were converted to ordinances, editorially noted and moved. What was Charter Section 8 is now Code Section 2-36, which reads that the City Council has the authority to fill vacancies in City offices. The City Council, in 1994, by motion and vote, appointed Jerry Walker to fill the position as Council Member (citing Charter Section 8 as the authority). Attorney Cook and Clerk Gamiotea both agreed that since the changes to the Code Book, it would be better to follow suit of several other cities and have a section that clearly governs the filling of vacancies for elected officials offices, in addition to Section 2-36 that could be construed to mean all offices except elected. Council Member Maxwell noted his preference to the matter being addressed in the Charter and carried out by a Special Election. In order to do this, a referendum would be required to go before the voters at the 2012 primary. In the memorandum noted above by Clerk Gamiotea, the research shows out of 176 cities,141 addressed the filling of vacancies for elected officials in their charter;10 addressed this issue in their code; 25 were undetermined, due to no language found in either charter or code, of those, 2 chose Special Election, and 149 gave their Council the authority to fill the vacancy. Council Member Maxwell continued to have areas of concern and was apprehensive to support the adoption of this ordinance. Mayor Kirk, Council Members Watford and O'Connor were in favor of moving forward with this ordinance and with the Council filling the vacancy. The public was notified of the proposed ordinance, and were given the opportunity to voice their opinion at this meeting. No one noted they had received calls on this issue. f►_.I APRIL 3, 2012 - REGULAR MEETING - PAGE 7 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR FINAL ADOPTION CONTINUED. D. 2. b) Public discussion and comments on proposed Ordinance No. 1085 continued. c) Vote on motion to adopt proposed Ordinance No.1085. CLOSE PUBLIC HEARING - Mayor. Vlll. NEW BUSINESS. A. Motion to approve Okeechobee Main Street's 4" Mural Display - Bridgette Waldau, Arts and Culture Director. At the first reading, Council Member Williams pointed out the language in proposed Ordinance No.1085 could cause the terms from being staggered as set out in the Charter. A revised Ordinance No.1085 was distributed for Council to consider amending the language in Section 2-39 as follows: "Should any vacancy occur at any time in any elective office of the City of Okeechobee, whether by death, resignation, forfeiture, removal or otherwise, said elective office shall be promptly filled by the appointment of a person who qualifies for a City office, by a majority vote of the City Council. Said appointee shall hold the office for that period of time remaining in the office to which he or she is appointed, and until he or she is then elected in a general election, or their successor in office is duly elected and qualified." Council Member Watford moved to amend proposed Ordinance No.1085, to include the revised language (as set out in Section 2-39 and written above); seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - NO O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED To AMEND. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:43 P.M. Council Member Watford moved to approve Okeechobee Main Street's 41' Mural, to be painted by local artist Joseph Steiert, at the old bank building (Culbreth Building) at North Park Street and Northwest 5" Avenue; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 8 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vlll. NEW BUSINESS CONTINUED. B. Consider Citizen Board Appointments - City Clerk (Exhibit 5). Exhibit Five included a memorandum from Clerk Gamiotea explaining: vacancies were published as a large display type advertisement, listing all citizen boards, meeting times, residency requirements, potential and current vacancies. In February, this ad was published in the Okeechobee News once, and the Penny Saver for three consecutive weeks. Since January it has appeared on the City's bulletin boards and website as well as the weekly Okeechobee Main Street Clipboard. To date, we have not received any applications from City residents to be considered for appointment to the Code Enforcement Board. We received one County resident application. Council Member O'Connor moved to reappoint Mr. Jamie Gamiotea to the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015; seconded by Council Member Watford. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member O'Connor made a motion to move Mr. Ted Denisuk from alternate to regular member on the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015, (filling the position previously held by Frank Irby); seconded by Council Member Watford. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. This leaves an alternate member vacancy on the Code Enforcement Board, term ending April 30, 2014. The Clerk's Office will continue advertising until it is filled. Council Member Watford moved to reappoint Mrs. Dawn Hoover as regular member to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1, 2012 to April 30, 2015; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 9 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. B. Consider Citizen Board Appointments continued. Council Member Watford made a motion to move Mr. Gary Ritter from alternate to regular member on the Planning BoardlBoard of Adjustment/Design Review Board, term for May 1, 2012 to April 30, 2015, (replacing Mr. Osiel Luviano at the end of his term); seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA • WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to reappoint Mr. Phil Baughman as alternate member to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1, 2012 to April 30, 2015; seconded by Council Member O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. Council Member Watford moved to appoint Mr. Les McCreary, as an alternate member, to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1, 2012 to April 30, 2014 (filling Mr. Ritter's term due to previous action); seconded by Council Member O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 10 OF 10 Il AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:56 p.m. made by the City Council with respect to any matter considered at this meeting, The next regular scheduled meeting is April 17, 2012 at 6:00 p.m. he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor CITY OF OKEECHOBEE APRIL 3, 2012 REGULAR CITY COUNCIL MEETING LANE'S TYPED MINUTES DURING THE MEETING PAGE 1 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor: April 3, 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 Mayor. Ill. 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. Proclaim the month of April 2012 as "Fair Housing Month." Mayor Kirk called the April 3, 2012, Regular City Council Meeting to order at 6:02 p.m. In the absence of Father Edward, the invocation was offered by the Pastor of the Presbyterian Church; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Absent Present Absent Present Present Present Present Present Mayor Kirk proclaimed the month of Apri12012 as Fair Housing Month and read the following into the record: "WHEREAS, April 11, 2012 marks the 44' anniversary of the passage of the U.S. Fair Housing Law, Title Vlll of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, The City of Okeechobee is committed to highlight the Fair Housing Law, Title Vlll of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair APRIL 3, 2012 - REGULAR MEETING - PAGE 2 OF � II AGENDA Ili COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of April 2012 as "Fair Housing Month." B. Proclaim the month of April 2012 as "Child Abuse Prevention Month.„ C. Proclaim the month of April 2012 as "Water Conservation Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 20, 2012 Regular Meeting. VI. AGENDA - Mayor. housing. NOW, THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "Fair Housing Month", and urges all citizens to celebrate Fair Housing throughout the year. WHEREAS, National Child Abuse Prevention Month will be recognized throughout the United States during the month of April 2012; and WHEREAS, preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don't know how to cope; and WHEREAS, during periods of economic challenges, families feel more vulnerable, and as a result, child abuse and neglect increases drastically; and WHEREAS, child abuse and neglect can be reduced by making sure each family has the support they need to raise their children in a healthy environment; and WHEREAS, CASTLE'S mission is to prevent child abuse and neglect through education and awareness. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "Child Abuse Prevention Month" and I commit this observance to the people of our community. Due to a scheduling conflict, the proclamation for Water Conservation will be Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the March 20, 2012 Regular Meeting; seconded by Council Member Point out a typo that has been corrected on the original copy to be signed on Page 5, the second vote for item C, reflects O'Connor voting yea rather than noted absent. KIRK - YEA WATFORD - YEA MAXWELL - ABSENT O'CONNOR - 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. .3- 6. VII. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION AT P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1082, General 111 Council Member Watford moved to read by title only, for proposed Ordinance No. 1082, amending the City General Employees/OUA Pension Plan - City Attorney (Exhibit 1). Employees and OUA Retirement Plan; seconded by Council Member O'Connor APRIL 3, 2012 - REGULAR MEETING - PAGE 3 OF S 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VII. PUBLIC HEARING CONTINUED. A.1. b) Vote on motion to read by title only. KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to ready proposed Ordinance No.1082 by title only. Council Member Watford read proposed Ordinance by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'RETIREMENTSYSTEM, ADOPTED PURSUANT TO ORDINANCENO. 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." 2. a) Motion to adopt proposed Ordinance No.1082. III Council Member O'Connor moved to adopt proposed Ordinance No.1082; seconded by Council Member Watford. b) Public comments and discussion. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was c) Vote on motion, notified of the receipt of the materials. VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 0 APRIL 3, 2012 - REGULAR MEETING - PAGE 4 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vlll. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only, proposed Ordinance No. 1083, Police Pension Plan - City Attorney (Exhibit 2). b) Vote on motion to read by title only. Council Member Watford moved to read by title only, proposed Ordinance No. 1083, amending the Police Officers' Retirement Plan; seconded by Council Member O'Connor KIRK - YEA WATFORD - YEA MAXWELL - ABSENT O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. B.1. c) City Attorney to ready proposed Ordinance No. 1083 by title only. Council Member Watford read proposed Ordinance No. 1083 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEEAMENDING THE CITY OFOKEECHOBEEMUNICIPAL POLICE OFFICERS'PENSIONTRUST 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 adopt proposed Ordinance No. 1083. b) Public comments and discussion. Council Member O'Connor moved to adopt proposed Ordinance No. 1083; seconded by Council Member Maxwell. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. c) Vote on motion. vv i t KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 5 OF E II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIIi, NEW BUSINESS CONTINUED. Council Member Watford moved to read by title only, proposed Ordinance No. 1084, amending the Firefighters C.1. a) Motion to read by title only, proposed Ordinance No.1084, Retirement Plan; seconded by Council Member O'Connor. Firefighters Pension Plan - City Attorney (Exhibit 3). 11 b) Vote on motion to read by title only. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA III WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to ready proposed Ordinance No.1084 by title only. Council Member Watford 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 CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DA TE." 2. a) Motion to adopt of proposed Ordinance No.1084. Council Member O'Connor moved to adopt proposed Ordinance No.1084; seconded by Council Member Watford. Clerk Gamiotea noted for the record, a copy of the proposed ordinance, the Actuary Statement and the Impact b) Discussion. Statement were mailed to the State Division of Retirement as required prior to the public hearing. Her office was notified of the receipt of the materials. VOTE c) Vote on motion. KIRK - YEA MAXWELL - ABSENT O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No.1085, authorizing the City Council to fill vacancies of elected official offices Council Member Watford moved to read by title only, proposed Ordinance No,1085, authorizing the City Council to - City Attorney (Exhibit 4). 11 fill vacancies of elected official offices; seconded by Council Member O'Connor. b) Vote on motion to read by title only. III VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA D.1. c) City Attorney to ready proposed Ordinance No.1085 by title only. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. proposed Ordinance No.1085 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA' 2. a) Motion to adopt proposed Ordinance No.1085, AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLEII 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." Council Member O'Connor moved to adopt proposed Ordinance No.1085; seconded by Council Member Watford. rLf►17-11 Vlll. NEW BUSINESS CONTINUED. D.1.bj Discussion. D. 2. c) Vote on motion. CLOSE PUBLIC NEARING. APRIL 3, 2012 - REGULAR MEETING - PAGE 6 OF COUNCIL ACTION - DISCUSSION - VOTE Public? None. Dw respect atty opinion, rather by ordinance, giving the public notice by adopting by ordinance, haven't heard any comments from the public. Hung up on the word office. Clarifies the definition of office and the procedure does apply to elected official, All boards have appointments for vacanies. Much rather we make the decision than a man in Tallahassee. If we had this happen, receive plenty of suggestions on who to appoint. Support passage of this ordinace. Kirk agree with that. Dw move to amend 1085 with language change; second O'Connor. �� Discussion .... VOTE KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSEN MOTION CARRIED. VOTE KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSEN MOTION CARRIED. 0 0 APRIL 3, 2012 - REGULAR MEETING - PAGE;OF a II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS. A. Motion to approve Okeechobee Main Street's 4" Mural Display - Bridgette Wa(dau, Arts and Culture Director. Council Member Watford moved to approve Okeechobee Main Street's 4`h Mural; seconded by Counci IMember O'Connor, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Consider Citizen Board Appointments - City Clerk (Exhibit 5). published a large display type advertisement, listing all citizen boards, meeting times, residency requirements, potential and current vacancies. In February, this ad was published in the Okeechobee News once, and the Penny Saver for three consecutive weeks. Since January it has appeared on the City's Bulletin Boards and Website as well as the weekly Okeechobee Main Street Clipboard. To date, we have not received any applications from City residents to be considered for appointment to the Code Enforcement Board. We received one County resident application. Council Member O'Connor moved reappoint Mr. Jamie Gamiotea to the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015; seconded by Council Member Watford, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. We have a vacancy due to the resignation of Mr. Irby. Council may want to consider moving either alternate members, Mrs. Louise Conrad (appointed May 18, 2011 ) and Mr. Ted Denisuk (appointed October 18, 2011 ) to a regular member position, or wait until we have an applicant and make all the changes at once. Both have been serving as voting members at several meetings since their appointment last year due to the number of absent members. Code Enforcement Board. Council Member O'Connor moved to appoint Mr. Ted to the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015; seconded by Council Member Watford. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - ABSENT MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 9 II AGENDA I11 COUNCIL ACTION - DISCUSSION - VOTE I) Vill. NEW BUSINESS CONTINUED. B. Consider Citizen Board Appointments continued. 2. Planning Board - Board of Adjustment - Design Review Board. We have one vacancy on this Board. Mr, Osiel Luviano regretfully asked not to be reappointed at this time due to his work schedule. Council Member Watfrod moved to reappoint Mrs. Dawn Hoover as regular member to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1, 2012 to April 30, 2015 and Gary Ritter, seconded by Council Member O'Connor VOTE KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to appoint Mr. Phil Baughman Mr. Gary Ritter from alternate to regular status, term for May 1, 2012 to April 30, 2015, to the Planning Board/Board of Adjustment/Design Review Board O'Connorsecond. County commissioner. KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, Depending on which member is moved, further action may be required as Mr. Baughman is also up for consideration of reappointment. Consider a motion to appoint one of the applicants as an alternate, the term will depend on which alternate is moved, to the Planning Board/Board of Adjustment/Design Review Board. Council member moved to appoint; seconded by Council Member watford Les McCrary, planning board, O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 3, 2012 - REGULAR MEETING - PAGE 10 OF 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vlll. NEW BUSINESS CONTINUED. CITY OF OKEECHOBEE APRIL 3, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA u c ccL tL `��J tii I. CALL TO ORDER- MAYOR: April 3, 2012, City Co cil Regular Meeting, 6:00 p.m. &dk7 � (�E. j 6— II. OPENING CEREMONIES: Invocation given by Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Z.' 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 a-ILI City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith ✓ Public Works Director Donnie Robertson ✓ IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of April 2012 as "Fair Housing Month." / B. Proclaim the month of April 2012 as "Child Abuse Prevention Month." �hE d- �L 17L 41 �x' LL�'u``"`', C. ((i C l�� trLcr �: u-uCE� �;, �/ (71 el-tk C C L [�.EC / 5 PAGE 1 OF 4 3, 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 20, 2012 Regular Meeting. 5 l%7 C�'li - C 'Z r�c. 'r, tt VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda.�+� VII. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. b `_ d A.1.a). Motion to read by title only proposed Ordinance No. 1082, General Employees/OUA Pension Plan - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) a -read proposed Ordinance No. 1082 by title only. 2.a) Motion to adopt Ordinance No. 1082. l,r;, , c t,= r' ✓.u� c . b) Public discussion and comments. �j r �``Cc �l: rr' c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 1083, Police Pension Plan - City Attorney (Exhibit 2). �ti l b) Vote on motion to read by title only. L t L) c) G4r ttcrrma � read proposed Ordinance No. 1083 by title only. 2.a) Motion to adopt Ordinance No. 1083. b) Public discussion and comments. c) Vote on motion. 'i1 3, 2012 PACE 3 of 4 VII. PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION CONTINUED. CA a) Motion to read by title only proposed Ordinance No. 1084, Firefighters' Pension Plan - City Attorney (Exhibit 3). b) Vote on motion to read by title only. L TK,� 4d C LX! 1-nu-`6 t Iz L-L c) Ci4y Aftat4 #e read proposed Ordinance No.1084 by title only. 2.a) Motion to adopt Ordinance No.1084. .' li✓iA, b) Public discussion and comments. c) Vote on motion. C, 4,,L-i ck°_k D.1.a) Motion to read by title only proposed Ordinance No.1085, Elective Procedures -City Attorney (Exhibit 4). b) Vote on motion to read by title only. ,� CC,!�' f) /l(.C, f,� /��c � �� cy� Cclid c) CitTAttormTt read proposed Ordinance No. 1085 by title only. 2.a Motion to adopt Ordinance No.1085. 1 ° . fi C- c'(" Oraze G'-� b) Public discussion and comments. . % 9 J c) Vote on motion. tf:a !► Y'S <'�ltt L lo" �C'�<<�� r✓!'�C'i (.f6ck G rt �/�2C�u.t[C��.� CLOSE PUBLIC HEARING. �? (t �� t .c, , S l' _t ��. t z.,,(4 / VIII. NEW BUSINESS. L a C�' i� a `j,.te(' ��I�`i`u A. Motion to approve Okr�echobee Main Street's 4" Mural Display Brid ette Waldau, Arts and Culture Director. � h PP P Y - 9 •� `� � ,,.,� � �� �`� 1� �'"�� C tf�s//+�LG� -t -�•j 4� ✓ � {� �(/ �( lly Ci 0 L`•7 L 7 ILI; 1 ec 13. 2012 PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. B..,.,.— Consider Citizen Board Appointments -City Clerk (Exhibit 5). IX. ADJOURN MEETING. rrlJ±7 ,�/"L� / LiCZi Fed r/� C { 7"c��.1 C! tJ/ X 1-1 1) 1C. X N (w ti,tee Ld AY "t, C Y0 nit -1c C) C A 14- /1 , V r'Uy -kY k& AL L t'— 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. LIT, c�, P f q Ve , )Licyy---e;,L 0 614 0 2,c 6 • • OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of 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 afiant 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 pulication in the said newspaper. y v ) Tom Sworn to and subscribed before me this day of f --- _�_ ( ,), AD Notary Public, State of Florida at Large VOTICE 18 HEREBY GIVEN that the City Council of the City of Okeech F'will meet.in,R?ular Session on Tuesday, April 3, 2012, at 6:1 a., at C% Fall, 5 SE 3rd Ave, Rm 200, Okeechobee, Florida. The pub rifted and encourraagged to attend. 'LEASE TAKE U E AND BE ADVISED that no stenographic record by 5fied court reporter will be made oftbe foregoing meeting. According person who may seek to appeal any decision Involving the matters n d herein will be responsible for making a verbatim record of the testim, and evidence at said meeting upon which any appeal is to be base Ise contact City Administration at 863-763-3372, or website N�S�, to obtalo a copy of the agenda. Iccor ante wit the Americans with Disabilities Act (ADA) of 1990 pe needl. special accommodation to partkipato in this proceeding shoul act'the Ctty Gerks Office at 863-763-3372 for assistance. 3ames E. Kirk, Mayor . ane GaTiM CMC, City perk ANGIE BRIDGES MY COMMISSION 4 EE 177653 EXPIRES; April 20, 2016 Bonded Thru Notary public Underwriters ,. AF Office of the Mayor Okeecbobee, Florida 7 WHEREAS, National Child Abuse Prevention Month will be recognized throughout the United States during the month of April 2012; and WHEREAS, preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don't know how to cope; and WHEREAS, during periods of economic challenges, families feel more vulnerable, and as a result, child abuse and neglect increases drastically; and WHEREAS, child abuse and neglect can be reduced by making sure each family has the support they need to raise their children in a healthy environment; and WHEREAS, CASTLE's mission is to prevent child abuse and neglect through education and awareness. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "Child Abuse Prevention Month "and I commit this observance to the people of our community. In witness whereof l have hereunto set my hand and caused this seal to be affixed. Attest.• (. La e James E. Kirk, Mayor tfN,c�cQC� CMC, Crty1 Mq; f 2'O NOW t., v NOW .... Office of the Mayor Okeechobee. Florida WHEREAS, April 1 1 , 2012 marks the 441" anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, The City of Okeechobee is committed to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. NOW, THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "Fair Housing Month", and urges all citizens to celebrate Fair Housing throughout the year. In witness whereof I have hereunto set my hand and caused this seal to be affixed. James E. Kirk, Mayor Attest: Lane Gami tea, CMC, City Clerk Date: April 3, 2012 GRS March 13, 2012 go Gabriel Roeder Smith F Company Consulrnnts & Actuaries Ms. Janet McKinley, Financial Liaison City of Okeechobee 100 SW 5th Avenue Okeechobee, FL 34974-4221 48 One East Broward Blvd. Suite SOS Fr. Lauderdale, FL 33301-13277 Re: Okeechobee and Okeechobee Utility Authority Employees' Retirement System Actuarial Impact Statement for Proposed Ordinance /4 0 , / OM Dear Janet: LXnIBIT 1 APRIL 3, 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 J 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 fart V1I, 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. 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 thatfuture payments are discounted for interest and mortality, as well as eliminating the requirementthat 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 19831994 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 national 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 3rd 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 CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY PENSION BOARD MEETING MINUTES ` FEBRUARY 13, 2012 CITY HALL'` ; 55 SE THIRD AVENUEA, 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 togthat 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 NDEPENDENT _ � xEwSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 01% 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 times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of, 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_pablication in the said newspaper. Tom B �worn to and subscribed before me this day of n i 9 °. :, sAD Notary Public, State of Florida at Large L. CONSIDERATION OF ADOPTING A CITY ORDINANCE LICE that the City Council of the City of Wy, April 3, 2012 at 6:00 p.m. or as soon t i SE 3rd Ave, Okeechobee, FL, conduct a I al reading for adoption of the hollowing 1N ORDINANCE OF THE CITY OF C HEREWITH AND members of the public are encouraged to attend and participate in idng. The proposed ordinance may be inspected in Its entirety by n s of the public at the Office of the City Clerk during normal busi ors, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. T NOTICE AND BE ADVISED that no stenographic record by a ced rt reporter will be made of the foregoing meeting. Accordingly, any who may seek to appeal any decision involving the matters noticed I gill be responsible for making a verbatim record of the testimony fence at said meeting upon which any appeal is to be based. City i xdings are for the sole purpose of back up for official records of kmedcans with Disabilities Act (ADA) of 1990 rmmodation to participate in this proceeding sl fice at 863-763-3372 for assistance. City Clerk ANGiE BRIDGES I MY COMMISSION # EE 177653 %�'•: 4 EXPIRES: April 20, 2016 '%pF,i Bonded Thru Notary Public Underwriters • GRS January 13, 2012 CONFIDENTIAL ft G 1111 101 iaf ' J >I TI th & C.()t1w,,l I1 ; Ms. Janet McKinley Financial Liaison City of Okeechobee 100 SW 5th Avenue Okeechobee, FL 34974-4221 One Eas[ Bro\<ard Blvd. `,wire 505 1 [. Lauderdale Ft- 333t? 1- ( ti? Re: City of Okeechobee Police Officers' Pension Plan and Trust Agreement Actuarial Impact Statement for Change in Pensionable Earnings 1 fl "5 Dear Janet: LXHIBIT 2 APRI L 3, 2012 Enclosed is our Actuarial Impact 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 information 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, a Theora P. Braccialarghe, FSA, Amrose, MAAA Enrolled Actuary No. 11-02926 nXffrldActuaryNo. 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 CITE' 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 N/A 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 (1, 1�1"VLX71t_ Jeffr6y 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 $ 965,252 $ 959,376 $ (5,876) Long Range Cost B. Actuarial Present Value (AP V) of Projected Benefits $ 7,847,459 $ 7,558,630 $ (288,829) C. Valuation Assets 5,666207 5,666207 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) Increase with Salary Scale 14,544 12,658 (1,896) Increase with Interest 1,331 1,331 0 277,286 Total 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) j 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) % a • 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 5298,243 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 Total 2,260,387 0 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) 2,181252 1,892,423 (288,829) D. Actuarial Present Value of Projected 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 Eanungs $ 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 $ 11208 $ 11,208 $ 0 Average Monthly Benefit 934 934 0 Average Current Age 50.3 50.3 0.0 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 498a-Group Annuity I'Viortality-T bte 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. Salary 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 "effective riate') Salary chn u In 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 subject to 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 V 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. Ll 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 Ll 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 - in favor. Bill Bartlett made motion to close meeting. Bettye Taylor seconded it. Motion passed all in favor at 6:17 PM. Bettye Taylor --Secretary Ll 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 Ll 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 - in favor. Bill Bartlett made motion to close meeting. Bettye Taylor seconded it. Motion passed all in favor at 6:17 PM. Bettye Taylor --Secretary 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 - in favor. Bill Bartlett made motion to close meeting. Bettye Taylor seconded it. Motion passed all in favor at 6:17 PM. Bettye Taylor --Secretary • • NDEPENDENT � NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom. Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a a t l`;L6 in the matter of e (863)763-3134 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said PUBLIC NOTICE CONS'O yORD NG newspaper in the issues of NANCE LEASE TAKE NOTICE that the City Council of the City orida will on Thesday, Appril 3, 2012 at 6:00 m. or as soon ible, at City Hall, 55 SE 3rd Ave., Okeechobee FL, conduct a NG to consider final readORDINing ANCE OF THE T, for adoption of the followina aw: No. 1083. AN nc* MCNntun_ �..- �.. 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 frpublication in the said newspaper. t om Sworn to and subscribed before me this +—dav of i_���,._' t AD Notary Public, State of Florida at Large -^GIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters PROVIDING AN EFT'6 wNVANUES IN CONFLICT y,Etf j GIVE DATE. mbers of the public are encouraged to attend and participate it g. The proposed ordinance may be inspected in its entirety by r f the public at the Office of the City Clerk during normal bus Mon -Fri, 8:00 AM-4:30 PM, except for holidays _ IOTICE AND BE ADVISED that no stenographic record by cen oP01ter ill be to appeal ade of the foregoing meeting. Accordingly. any be re ponsible for making acision verrbiatiml record eofathertestimonyt e at said meeting upon which any appeal is to be based. City ( igs are for the sole purpose of back up for official records of dance with the Americans with Disabilities Act (ADA) of iggo I °ding spade, accommodatl- to participate in this proceeding she he ty Clerk's Office modal - for assistance. Gamiotea, CMC, City Clerk 4b Gabriel Roeder Smith � Company RS Consultants & Actuanc> March 13, 2012 Ms. Janet McKinley, Financial Liaison City of Okeechobee 100 SW 5`" Avenue Okeechobee, FL 34974-4221 0 One East Broward Blvd. Suite 505 Ft. Lauderdale, FL 33301-1927 Re: Okeechobee Municipal Firefighters' Pension Fund Actuarial Impact Statement for Proposed Ordinance Dear Janet: LXHIBIT 3 APRIL 3, 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, n 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 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 +963-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. 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 201' day of March, 2012. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Ordinance No. 1084 - Page 1 of 2 PASSED AND ADOPTED after Second and Final Public Hearing public hearing this 3`d day of April, 2012. ames E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: ohn R. Cook, City Attorney Ordinance No. 1084 - Page 2 of 2 • �4. OF Ok x °5 City of Okeechobee f 1915 ) February 13, 2012 Okeechobee City Firefighters Pension Board Meeting Trustees Present- Bill Douglas, John Koepke, Mike Skipper. p0.�FFSsrO,y'� O Fire Department 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 $2,493,1S7. 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 « Okeechobee, Florida a 34974-2932 863-467-1586 * Fax: 863-763-4489 • NDEPPEHDI �NEW'SPAPERS OKEECHOBEE NEWS 1% STATE OF FLORIDA COUNTY OF OKEECHOBEE • 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 attached copy of advertisement being a , in the matter of �l 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 affant 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 advertisemen�ar-publication in the said newspaper. Tom Byrd sworn to and subscribed before me this __day of _ - AD Notary Public, State of Florida at Large <'!:^i%''•. ANGIEBRIDGES °. ._ MY COMMISSION 4 EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters TAKE NI on Them! (863)763-3134 Council of the City, bee FL, Conducta members of the public are enrnuraged to attend and Participate in firing. The pr ordinance may be inspected in its entirety by n > of the pubic at the plryce of the City Clerk during normal busi rs, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. E NOTICE t reporter wf8 ANDE ADVISED that no stenographic record by a cent who mpade of the foregoing meeting. Accordingly, any ill be reysp nsi to a%7.1 Making decision Involving the matters noticed h mce at said meeting upon hich annyamp racisto be t of the testimonydCity dings are for the sole purpose of backpup is official records of 'cordance with the Americans with Disabilities Act (ADA) of 1990 F needing special accommodation to participate in this proceeding sho ct the City Clerk's Office at 863-763-3372 for assistance. ioeGamloteaCMC, City Clerk is TO: FROM Mayor & Council City Clerk Gamiotea,# iJSS� rLYa��zd 04 44C MEMORANDUM i� DATE: dom SUBJECT: Research on filling elected official vacancies 1962 Art. II. Powers & Duties of City Officers, Sec. 8 City Council to fill vacancies. The Charter city council shall fill all vacancies in all city offices which may become vacant by death, removal, resignation or otherwise. (Ch. 8318, § 8, Special Acts 1919). Art. IV. The Mayor. Sec. 15 Filling of office. In case of death, removal, resignation or impeachment of the mayor, the office shall be filled for the unexpired term by the election to be called by the city council within 60 days thereafter or sooner if practicable (Chap. 8318, §15, Special Acts 1919). 12/7/1976 by Charter Referendum, Ordinance No's. 398 & 390, abolished Sec. 15 above along with several other sections and amended several sections of the Mayor and City Council's duties/authority, as the Mayor's position went from being elected as a separate office to being appointed from one of the five Council Members. Sec 8 was not addressed in the referendums. 11/15/1994 City Council by motion and vote, appointed Jerry Walker to fill the position as Council Member until December 31, 1994. City Clerk Thomas denotes Charter Law Sec. 8 in her handwritten minutes. 2000-2003 In 2000 Clerk Thomas began a three-year project which would completely revamp the current code book by incorporating the Land Development Regulations (LDRs), create cross references within the existing code and LDR's, add areas that should be covered, and add the Charter section back with modifications of all referendums passed since 1962 (during the 1982 revamp project it was removed from the code book). This project included a comprehensive legal review on a chapter -by -chapter basis by the Municipal Code team of attorneys, as well as bringing Municipal Code Senior Attorney Alyce Whitson to Okeechobee for two full days to conduct an editorial conference. The conference consisted of discussing the proposed code, her recommendations regarding the inconsistencies and conflicts with state law, duplications, conflicts or inconsistencies within the code, between the code and existing laws of the City and any obsolete provisions discovered during the comprehensive legal review. The meetings were attended by Attorney Cook, Clerk Thomas, all Department Heads and myself. During the conference she went through and explained the charter clean up. She recommended we only maintain the sections of the charter that were required by F.S. to be addressed. This meant that sections which could be legally converted to ordinances, would be editorially noted and moved. Staff and the City Council at that time agreed. The current charter sections with the editorial notations were the areas we were able to legally convert to ordinance, that included Sec. 8. 5/6/2003 Ordinance 824, adopted and enacted the new code book which reflects. - Charter Art. II. Powers & Duties of City Officers. Sec. 8 City council to fill vacancies. Editor's note: This section has been converted to an ordinance by operation of F.S. § 166.021 and has been editorially transferred to the Code of Ordinances as section 2-36. Code Book Chapter 2 Administration, Art. II, City Council, Sec. 2-36 reads exactly as it did when it was Charter Sec. 8 above. Attorney Cook and I reviewed whether Sec. 2-36 clearly addresses the requirements in F.S. 166.031(6), a portion of the statute that deals with candidates is appropriately addressed in Elections Sec. 26-13. Obviously in 1994 the City Council, City Attorney and Clerk agreed that it did based on the action taken. However, since the changes to the code book, we believe it would be better to follow suit of several other cities and have a section that clearly governs the filling of vacancies for elected officials offices. Using the client list of the online library for Municipal Code, out of the 285 cities whose code is available, we were able to review 176 of them, to find the following information: Number of cities with a specific section addressing the filling of vacancies for elected officials addressed in the Charter: 141 Number of cities with a specific section addressing the filling of vacancies for elected officials addressed in the Code: 10 Number of cities that it could not be determined how they addressed the issue due to no language found in either the Charter or Code: 25 Number of cities that give the authority to fill the vacancy by Special Election Only: 2 Number of cities that give the City Council the authority to fill the vacancy: 149 -Several had a stipulation that if the vacancy was within a set number of days prior to a general election or length of term left, then in addition to the appointment a special election would be called. -Some that didn't have the above stipulation offered a "contingency plan" in that if a decision could be not be made within a certain number of days by the City Council, it was filled either by the Governor or a special election. Additionally, if it was for three or more vacancies, again it would be done by the Governor. Special elections generally seem to be used as a very last resort. • Addendum to Exhibit 4 Apr 3, 2012 Agenda Amended Ord 1085 to address ORDINANCE NO. 1085 keeping terms staggered 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, removal or otherwise, said elective office the -saute shall be promptly filled by the appointment of a quak€ied person who qualifies for a city office, by a majority vote of the City Council. Said appointee shall hold the office for that period of time remaining in the office to which he or she is appointed, and until he or she is then elected in a the next general election, or their unt" his successor in office 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. Page 1 of 2 (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. r SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. INTRODUCED for first reading and set for public hearing on the 20' 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 3`d day of April, 2012. ATTEST: Lane uamimea, 1,ivit,, Ugly Ule[K REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 to ftEXHIBIT 4 March 28, 2012 MEMO City Council re: charter amendments Arun 3, 2012 In reviewing the history of our charter with Lane, and any requirement of a referendum in order to authorize the procedures set out in ordinance 1085, for appointment of a councilman, we find the following: The Charter at one time had language in section 15 that related to vacancies in "office"; this has been construed to mean f lling vacancies in departments, not the city council; it is now meaningless, as subsequent to the 1973 Municipal Home Rule act, the City adopted ordinance 390 in 1976. This ordinance, which was approved by referendum, abolished section 15 in the charter. Thus, whether it meant department personnel or councilmen, it is no longer contained in our charter. While it is still true that many charter amendments must be made by referendum, in our case, when the charter contains no language or procedures on the subject, the adoption of an ordinance establishing such procedures is obviously not a change to the charter. In a similar situation, the office of attorney general rendered an opinion that : Local legislation providingfor filling vacancies on appointive municipal boards would not appear to act as a charter amendment in possible violation of F.S. 166.021 or 166.031, as the municipal charter contained no provision for filling vacancies on such boards. AGO 2009-43 The proposed ordinance 1085 must contain the authorization for the city council to fill the vacancy; however as we mentioned at first reading, the actual procedures to make appointment that we propose are optional or subject to re -wording if the council so chooses. J Cook City Attorney TO: • Mayor & Council DATE: March 13, 2012 • MEMORANDUM EXHIBIT !! /arch 20, 2012-Agenda FROM: City Clerk Gamioteaj 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, FLORIDAAMENDING 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 forfilling 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 ft ft SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. INTRODUCED for first reading and set for public hearing on the 20" 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 iNE PAIM BEACH POST . ##R NW mE • MOMXY}APPJL 2 2012 � A So VACANCX ?A* a heart attack' last week,Mass days 'before he was to be sworn in for a seventh term, . During the sameM b 13 election, nearly Mpen cent of voters',+ ided to seat .that, bey giant before -a <tttmissirmr- is sworn in. Critics° arm that an rom inc�Wymhen die fr she runs in-the.fA, ng election.. . City AfAiNkiz, trl an Otto * ki` ma; who-.,acknowl that voters ap- to prefer elections • u VAN'DEPENM —NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Torn. Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ,i in the matter of in the 19th Judicial District of the Circuit Court o Okeechobee County, Florida, was published in said newspaper in the issues ?-) � c)_. ?, ! { )— ^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 f9j:,publication in the said newspaper. tom ,Sworn to and subscribed before me this AD day of 1G� 410 t C� I , Notary Public, State of Florida at Large l� ;y tip,,, ANG{E@RIDGES +: *- MY COMMISSION 4 EE 177653 EXPIRES: Ap6120, 2016 �? pF_cyd^ Bonded Thru Notary Public Underwriters (863)763-3134 PLEASE TAKE NOTICE that the City Council of the City of xlda will on Tuesday, April 3, 2012 at 6;00 p.m. or as soon b de, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a I G to consider final reading for adoption of the following C v; No. 1085. AN ORDINANCE OF THE CITY OF 01 members of the public are encouraged to attend and participate in 3ringg. The proposed ordinance may be inspected in its entirety by m s ofthe public at the Office of the C'rty Clerk during normal bush irs, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. <E NOTICE AND 0E ADVISED that no stenographic record by a cert in reporter will be made of the foregoing meeting. Accordingly, any i who may seek to appeal any decision involving the matters noticed h will be responsible for making a verbatim record of the testimony dence at said meeting upon which any appeal is to be based. City C ordings are for the sole purpose of back up for official records of accordance with the Americans with Disabilities s needing special accommodation to participate tact the City Clerk's Office at 863-763-3372 for as Lane Gamiotea, CMC, City Clerk • ti m O O '6 * 97 } TO: Mayor and Council Members FROM: City Clerk Gamiotea EXHIBIT 5 Apr 3, 2012-Agenda MEMORANDUM DATE: March 30, 2012 SUBJECT: Citizen Board Appointments I published a large display type advertisement, listing all citizen boards, meeting times, residency requirements, potential and current vacancies. In February, this ad was published in the Okeechobee News once, and the Penny Saver for three consecutive weeks. Since January it has appeared on the City's Bulletin Boards and Website as well as the weekly Okeechobee Main Street Clipboard. To date, we have not received any applications from City residents to be considered for appointment to the Code Enforcement Board. We received one County resident application. 1. Code Enforcement Board ® Consider a motion to reappoint Mr. Jamie Gamiotea to the Code Enforcement Board, with term being May 1, 2012 to April 30, 2015. We have a vacancy due to the resignation of Mr. Irby. Council may want to consider moving either alternate members, Mrs. Louise Conrad (appointed May 18, 2011) and Mr. Ted Denisuk (appointed October 18, 2011) to a regular member position, or wait until we have an applicant and make all the changes at once. Both have been serving as voting members at several meetings since their appointment last year due to the number of absent members. Please be sure and let citizens know we have a position to fill on this board. 2. Planning Board - Board of Adjustment - Design Review Board We have one vacancy on this Board. Mr. Osiel Luviano regretfully asked not to be reappointed at this time due to his work schedule. ezl� Consider a motion to reappoint Mrs. Dawn Hoover as regular member to the Planning Board/Board of Adjustment/Design Review Board, with term being May 1, 2012 to April 30, 2015. (i* Consider a motion to move one of the alternate members to regular status, Mr. Phil Baughman (appointed April 7, 2009) or Mr. Gary Ritter (appointed January 5, 2011), the term will be for May 1, 2012 to April 30, 2015, to the Planning Board/Board of Adjustment/Design Review Board. Depending on which member is moved, further action may be required as Mr. Baughman is also up for consideration of reappointment. q�> Consider a motion to appoint one of the applicants as an alternate, the term will depend on which alternate is moved, to the Planning Board/Board of Adjustment/Design Review Board. OtLr k4 ft'UydCITY OF OKEECHOBEE Revised 10/19/2011-Office of the City Clerk CODE ENFORCEMENT BOARD (Citizen Board 3-Year Terms are Appointed by the City Council) Jamie Gamiotea (Chairperson) 824 SE 101h Street A L cue{ Okeechobee, Florida 34974 u 863-357-1191 (home) Rp.Crproo-I[W.2,V+ 863-763-3322 (work) Appointed to Board: May 1, 1999 -c Current Term: May 1, 2009 to April 30, 2012 Jim Pippin 1204 SE 8th Avenue Okeechobee, FL 34972 863-467-0030 (home) 863-634-6134 (cell) Appointed to Board: July 21, 2009 Current Term: May 1, 2010 to April 30, 2013 Judy Douglas 813 SE 101h Street Okeechobee, FL 34974 863-763-4442 (home),863-697-6834 (cell) 863-763-5561 (work),863-763-1161 (fax) Appointed to Board: August 18, 2009 Current Term: May 1, 2011 to April 30, 2014 Rennae Sweda 497 SW 21" Street Okeechobee, FL 34974 863-467-1994 (home) 863-763-1107 (work) Appointed to Board: April 30, 1999 Current Term: May 1, 2011 to April 30, 2014 Randy Huckabee 1265 SE 23rd Street Okeechobee, FL 34974 863-634-2510 (cell) 863-763-2171 (work) Appointed to Board: May 6, 2008 Current Term: May 1, 2011 to April 30, 2014 Melissa Close 810 SE 10`h Street Okeechobee, FL 34974 863-357-2744 (home), 863-634-1712 (cell) Appointed to Board: August 18, 2009 Current Term: May 1, 2010 to April 30, 2013 Louise Conrad (Alternate) 210 NE 8`h Avenue Okeechobee, FL 34972 863-697-1411 (cell), 863-462-5000 ext. 287 (work) 863-462-5014 (fax) Appointed to Board: May 17, 2011 Current Term: May 18, 2011 to April 30, 2013 Theodore J. Denisuk (Alternate) 1101 SE 8`h Avenue Okeechobee, FL 34974 863-467-8932 (home), 561-449-3815 (cell) 561-996-6537 (work) 561-996-6588 (fax) Appointed to Board: October 18, 2011 Current Term: October 19, 2011 to April 30, 2014 CODE ENFORCEMENT STAFF HERB SMITH, FIRE CHIEF/CODE ENFORCEMENT OFFICER FRED STERLING, SAMMY HANCOCK - CODE ENFORCEMENT OFFICER(S) SUE CHRISTOPHER, BOARD SECRETARY JOHN COOK, BOARD ATTORNEY 55 SE 3RD Avenue, Okeechobee, FL 34974 Fire Dept., (863) 467-1586, Code Enforcement (863) 357-1971 BOARD MEETS THE 2ND TUESDAY OF EACH MONTH, 6:30 P.M., CITY HALL, COUNCIL CHAMBERS, ROOM 200, CONTACT THE BOARD SECRETARY FOR COPIES OF THE AGENDA CITY OF `--- Revised 712912011 - Office of the City Clerk PLANNING BOARD -- BOARD OF ADJUSTMENTS AND APPEALS DESIGN REVIEW BOARD (Citizen Board 3-Year Terms are Appointed by the City Council) DAWN HOOVER (Chairperson) tie3}� TERRY BURROUGHS (Vice Chairperson) 1949 SW 67" Drive � 2661 SE 24`h Blvd rG 0-i Okeechobee, FL 34974 �� �l ja�aU>c�lvu�xt� Okeechobee, FL 34974 C L0 863-634-1465 (cell) 863-697-6325 (cell), Appointed to Board: January 29, 1999 Appointed to Board: April 5, 2005 Current Term: 05/01/2009 to 04/30/2012 Current Term: 05/01/2010 to 04/30/2013 KARYNE BRASS LAppointed ANO 201 SE 3`d Street " Avenue R�c�r e %�� %Id t Okeechobee, FL 34974 , FL 34972 }� 1K Ie�p� "y[di. 863-763-4558 (home), 863-610-0392 (cell) 5 (cell) Appointed to Board: August 20, 2008 Board: August 5,2008 Current Term: 05/01/2011 to 04/30/2014 m: 05/01/2009 to 04/30/2012 KENNETH KELLER 2879 NE 11T" Lane {� Okeechobee, FL 34972 C� 863-634-1037 (cell) Appointed to Board: May 1, 2004 Current Term: 05/01/2011 to 04/30/2014 DOUGLAS L. McCOY 2085 SW 19T" Lane Okeechobee, FL 34974 VV 863-462-5807 (work) Appointed to Board: January 29, 1999 Current Term: 05/01/2010 to 04/30/2013 PHIL BAUGHMAN (Alternate) 1505-C South Parrott Avenue C ��r Okeechobee, FL 34974 Kt &*w" 863-357-1525 (home), 863-634-7194 (cell) Appointed to Board: April 7, 2009 Current Term: 04/08/09 to 04/30/12 MALISSA MORGAN 4728 Highway 441 Southeast Okeechobee, FL 34974 60 863-634-5852 (cell) Appointed to Board: April 15, 2008 Current Term: 05/01/2010 to 04/30/2013 GARY J. RITTER (Alternate) 1950 SW 5" Avenue Okeechobee, FL 34974 863-634-4857 (cell) Appointed to Board: January 5, 2011 Current Term: 05/01/2011 to 04/30/2014 BOARD STAFF BRIAN WHITEHALL, ADMINISTRATOR JOHN R. COOK, BOARD ATTORNEY BETTY CLEMENT, BOARD SECRETARY City Hall, 55 SE V Avenue, Okeechobee, FL 34974, 863-763-3372 ext. 218, (Fax) 863-763-1686 LARUE PLANNING MANAGEMENT SERVICES, INC. (City Planning Consultant) 1375 Jackson Street, Suite 206, Fort Myers, FL 33901 1-800-741-4062, (Fax) 239-334-6384 BOARD MEETS THE 3RD THURSDAY OF EACH MONTH, 6:00 P.M., CITY HALL, COUNCIL CHAMBERS, ROOM 200, CONTACT THE BOARD SECRETARY FOR COPIES OF THE AGENDA -14 1 • 55 Southeast 3 Avenue �§ * Florida * 34974 Anne f%AriP1NI cno f'Iry RnARIIlr'-nMMITTFE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment The application MUSTBECOMPLETED ►NFULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST TO YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TiMES ARE ATTACHED): Planning Board - Board Aode RV Q Okeechobee Utility ❑ General Employees ❑ Other. of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board.10QSt Directors Trustee's c APPLICANTS FULL NAME: Lester Ervin McCreary NAME COMMONLY USED: Les McCreary RESIDENCE ADDRESS: 5869 NW 149th Terrace Okeechobee, FL 34972 HOW LONG AT ADDRESS: 4 Years. Is this in the City Limits? OYes dNo m MAILING ADDRESS: same HOME TELEPHONE: 863- 763-4789 CELUOTHER TELEPHONE: 863-697-3100 CURRENT EMPLOYER & OCCUPATION: CEECO, telecom mfg. , President BUSINESS ADDRESS: 519 SW Park Street Okeechobee FL 34972 WORK TELEPHONE: 863-357-0798 FAX NUMBER(S): 863-357-0006 DATE OF BIRTH: 04-25-1963 ARE YOU A US CITIZEN? A16Yes ONo, explain: FLORIDA REGISTERED VOTER? es County Registered in: Okeechobee ONO EDUCATION: High School Name & Location: Central Dauphin East Year Graduated: 1981 Harrisburg, PA POST SECONDARY EDUCATION: NAME & LOCATION: DATES ATTENDED: CEI'MMATUDEGREE RECD. H.A.C.C. 1980-1982 A.A. Bus. Admin. Barry University 1999-2001 B.S. Bus. Admin MILITARY SERVICE: DATES: BRANCH: DATE DISCHARGED: 06/83-03/87 U.S.A.F. 03/87 ARE YOU CURRENTLY EMPLOYED AS:' Meneral Contractor usiness Person DArchitect (.-ALL THAT APPLY) DEngineer OSub-Contractor C]Realtor OAttomey DDoctor DSurveyor - DLay Person DUrban Planner - ClLandscape Architect LIST ALL OF YOUR EMPLOYMEN i , EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES *k IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHAT QUALIFYYOU FOR THIS APPOINTMENT. As a business owner/operator in the city and a former police officer from Palm Beach County, I believe I may possess the interpersonal skills and knowledge to perform this function for the city and citizens. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? 311YES ONO. IF YES, LIST: As a certified police officer in the state several years ago the job included, in part, code enforcementmatters and board meeting attendance. ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES IKO. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) DYES UAO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? none AML HAVE YOU EVER BEEN FOUND INWOLATION OF FLORIDA STATUTES CHAP 112, PART 111 "CODEOF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? 0YES IdNO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: // SEX: dmALE ❑FEMALE ETHNIC GROUP: @(CAUCASIAN OBLACK OSPANISH HERITAGE CINATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): CALL THAT APPLY: ©WARTIME PERIOD VETERAN ODISABLED VETERAN CIVIETNAM VETERAN HANDICAPPED STATUS: OYES &NO. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE' OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? EYES ONO. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTOTHE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL. PAGE I believe that my previously described background, education, and skills would enable me to be an asset for the board. I am seeking an opportunity to become more involved with community matters and lend whatever skills I may possess to areas where they may be fruitful. Thank you for considering me for this position. STATEMENT OF APPLICA... I certify that the answers are tru'- .id complete to the best of"my. knowledge. 1 authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have read and understand each of the above statements. Signature of CQCity residence is only a requirement for the OUA and Pension Boards. ®The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons:' OOther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attomeys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3Ro AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO l°cLt f A �'� ; ,tL'3 CITY COUNCIL MEETING:,`j� INITIAL TERM: a LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: _ 0_ _0 City of C theast 3' Avenue * Okeechobee * Florida * 34974 * (863) 763-3372 APPLICA,riON FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on your appointment. The application MUSTBECOMPLETEaINFULL, Answer "none" or "not applicable" where appropriate. .'CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. tX,Planning Board - Board El Code ❑ Okeechobee Utility AGeneral Employees Q Other. of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: GJet f'- `o,, 0 NAME COMMONLY USED: RESIDENCE ADDRESS: / -- HOW LONG AT ADDRESS: Years Is this in the City Limits? ayes *O MAILING ADDRESS: HOME TELEPHONE: CELUOTHER TELEPHONE:, 1;? %.A / CURRENT EMPLOYER & OCCUPATION: �/ F BUSINESS ADDRESS: 4�14 WORK TELEPHONE: y , FAX NUMBER(S): ��, ��06 DATE OF BIRTH:.��.-� ARE YOU A US CITIZEN? t1fes ONO, explain: FLORIDA REGISTERED VOTER? XYes County Registered in: � ❑No EDUCATION: High School Name & Location: r0W7d(,,0,,n AA� Year Graduated: q70 C• POST SECONDARY EDUCATION: NAME& LOCATION: ATTENDED: CERTIFICATFJDEGREE REC'D: %DATES MILITARY SERVICE: DATES: BRANCH: DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS: QGenerai Contractor ❑Business Person OArchitect O (✓ALL THAT APPLY) OEngineer OSub-Contractor [Realtor J�F�'%-r OAttorney ❑Doctor []Surveyor QLay Person OUrban Planner aLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS 'TYPE OF BUSINESS JOB TITLE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SVRVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES gN 0 IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATIA(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? DYES ONO. IF YES, LIST' ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? 1:1YES AO IFYES,LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) ❑YES ENO IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? W49 HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES .ENO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: 6MALE OFEMALE ETHNIC GROUP: kfCAUCASIAN CIBLACK LISPANISH HERITAGE ONATIVE AMERICAN ❑ASIAN OR PACIFIC ISLANDER ❑OTHER(specify): /ALL THAT APPLY: OWARTIME PERIOD VETERAN ❑DISABLED VETERAN CIVIETNAM VETERAN HANDICAPPED STATUS: CIYES 040 IF YES, WHAT IS THE HANDICAP? ARE YOU A CURRENT OR FORM LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE ©OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)17 DYES w0 DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THATWOULD BE HELPFULTOTHE BOARD YOU WISH TO SERVE ON. IF MORE SPACEr ISp NEEDED,, PLEASE ATTACH ANj+pADDITIONAL �PAGE. .F6 O ! " ` A lkv r yti r dt _ STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have read and understand each of the above statements. Signature of Appiican CQThe City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor,. business person, and lay persons." ®Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.). PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3Rn AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: 55 Southeast 3'd Avenue * Okeechobee * Florida * 34974 * (863) 763-3372 APPI IrATION FC)R CITY ROARDICOMMITTEE APPOINTMENTS Please print or type all information. The infom7ation from this application will be used by the City Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. ,-CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. Planning Board -- Board Adjustment & Appeals — Design Review Board ❑ Code Enforcement Board o Okeechobee Utility Authority Board of Directors 0 General Employees & OUA Pension Fund Trustee's ❑ Other: APPLICANTS FULL NAME: Penny Revels NAME COMMONLY USED: Penny RESIDENCE ADDRESS: 13550 SE 46th St, Okeechobee, FL 34974 HOW LONG AT ADDRESS: 30+ Years Is this in the City Limits? OYes *0 MAILING ADDRESS: same HOME TELEPHONE: 763-2428 CELUOTHER TELEPHONE: 634-1601 CURRENT EMPLOYER & OCCUPATION: Homemaker BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH: 9/ 14/ 1962 ARE YOU A US CITIZEN? (Yes ONO, explain: FLORIDA REGISTERED VOTER? Yes County Registered in: Okeechobee ❑No EDUCATION: High School Name & Location: OHS Year Graduated: 1980 POST SECONDARY EDUCATION: NAME & LOCATION: DATES ATTENDED: CERTIFICATEIDEGREE REC'D: MILITARY SERVICE: DATES: BRANCH: DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS: O (✓ALL THAT APPLY) ❑General Contractor ❑Business Person OArchitect ❑Engineer ❑Sub -Contractor ❑Realtor QAttorney 013octor OSurveyor ❑Lay Person OUrban Planner ❑Landscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES Central Gas Secretary Okee County Planning & Dev Secretary HAVE YOU EVER BEEN APPOINTL- OR DO YOU CURRENTLY SERVE ON A CI1 IZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? k'i ES ONO IF YES, LIST: AGENCY BOARD NAME POSITION DATES City of Okeechobee Code Enforcement Board Member 2004-2009 STATEYOUR EXPERIENCESAND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. Enjoy being active within my community. Past member F.A.C.E. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? CIYES ON0. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? DYES ONO IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) DYES JdNO IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? No. HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES VO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO REARING ON YOUR APPOINTMENT: SEX: OMALE rEMALE ETHNIC GROUP: OCAUCASIAN CIBLACK OSPANISH HERITAGE ONATIVE AMERICAN ❑ASIAN OR PACIFIC ISLANDER ❑OTHER(specify): ✓ALL THAT APPLY: OWARTIME PERIOD VETERAN ❑DISABLED VETERAN ❑VIETNAM VETERAN HANDICAPPED STATUS: OYES 9INO IF YES, WHAT IS THE HANDICAP? ARE YOU A CURRENT OR FORMESAW ENFORCEMENT OFFICER, OTHERWPLOYEE O OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? OYES ONO DESCRIBEANYSKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THATWOULD BE HELPFULTOTHE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. I enjoyed my time serving on the City Code Board, and would still be serving if I lived wi_htin the City Limits. I prefer to be actively involved in my community. Being a homemaker I have the time to dedicate to attend all meetings necessary. STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. 1 have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that ave re and derstand each of the above statements. Signature of Applicant: AtA A Date: o OThe City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." 00ther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3fl" AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: �isfri 6akd oui ryw-t- The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting=oLApril 3, 2012 • Chamber of Commerce Lease — Signed sealed and delivered... whew. One issue that arose when discussing the lease arrangement, internally, was that during last year's budget process the City allocated $20,000 in contributions to the Business Development Board. • Ord #1082 (OUA & General), Ord#1083 (Police) and Ord#1084 (Fire) Pension ordinances on Agenda for 2"d Rdqs - 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 for the Police Dept. • CDBG for housing repair -grant — The 3/9/12 prebid process reviewed the first two houses; Beverly Alvarado, 605 NW 17rh St and Mattie Wyatt, 105 NW 50 St. To receive bids on April 5`h for these houses. • Ec Council Jan transparency letter — I met w/ Hoot Worley and Tara Rowley on 3/21/12 to review observations. As you can imagine, Hoot and I went on to some interesting, but constructive issues, such as code enforcement, city beautification and the 441/70 project. My initial impression of the Sunshine Review site was less than credible but I can understand utilizing a gov mutual source. While the City and most comparable towns have no score, the County (as a result of the ECO) has committed to the effort. The knock on the site is that like many 'unaudited' rating sites, there's suspected honesty issues associated w/ reported compliance of some communities. City web site - As for the transparency, over the last few weeks we have investigated new software and a web host to improve our records access for the public. Currently our laser fiche isn't compatible w/ the web site software, so the lesser expense (altho' we are est $2000) is to seek web site improvements. • Okeechobee County Local Mitigation Strategy — Last December I rec'd a doe called `Okeechobee County Local Mitigation Strategy', a required doe for federal compliance and funding purposes from Mitch Smeykal, EOC Director. We discussed a Council presentation at some point, as the City needs to express approval of the document, which is 136mb (too big to email) and is enclosed on CD. On the CD you'll see a project listing under Okee Co LMS 2010 mitigation Action Plan. Also, the large doe, Okeechobee 2010 LMS final draft contains a lot of interesting statistical info. I will continue to work w/ Mitch to secure what he needs. City Attorney: • 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. Page 1 413112 Activity Rpt (City Atty) Cont d — • Carter Pritchett Advertising v. City billboard issue — Rec'd an email from Atty Shearman on Tue., 3/28/12 as follows: Another change to report - for the good. Rather than risk an adverse reaction to a new proposed deal, Carter Pritchett and Centennial builders have decided to accept our proposal as is. One new billboard; one rebuilt one; both to be removed at no cost to Okeechobee within 15 years, no cash payment. I will draft an agreement and send it for your review. City Clerk: • Ordinance providing for filling a City Council vacancy — 2"d reading - Ord #1085 is on the Agenda. Pls see Atty Cook's additional memo comments. • 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. l 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 as we complete applications and the applicant seeks interpretation from City Councilmen. Fire Dept & Code Enforcement: • 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 executed anything. Public Works/Engineering: • Proposed park at SE 6th Av and SE 7th Street — contacted Bill Blazak, Culpepper & Terpening, Engineering, who expressed interest in providing in -kind eng assistance. 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 • SW 21 Storm sewer project funding — Finally it appears the County has secured grant approval for the project and the bid opening date is April 20, 2012... with a pre -bid conference on April 3`d • Hiring a mechanic - we've reed 7-8 applications and are reviewing them. • 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. • City Engineer — By the next meeting, I hope to have the final changes on the position approach. Page 2 413112 Activity Rpt (Public Wks) Contd — • 441 & SR 70 intersection improvement — Rec'd a set of landscaping plans and have contacted FDOT about a cpl of issues including planting smaller trees between the proposed oaks and creating a barrier between the police station and the curb. Timeline- Phase 160% (Jan 2012), Phase 11(Jul 25) 90%, Phase 4 — Nov, Final 12120112, Utility clearances, development of bids and budget timing move the tentative bid letting to 1214113. • Grant funded proiects- 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. I divided the project into 5 legs and rec'd an estimate of over $600k, but includes $150k south of the city limits (at Blue Heron) and we are working on definition of the proposal. Further, after the meeting I was advised that a more realistic timetable is probably August, as we have to go thru an EPA review. 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). • Signal at SW 5th Av and S Park St — The idea of a roundabout was introduced and we will review it's feasible and, if so, introduce it to the Council. You recall as part of our 441/70 discussion Phil Berger mentioned that the east/west traffic at the 5th 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 reed virtually no complaints since. The current set up is that 5th Av always is the default and between 6am and 5pm the signal is set on a timer which completely favors SW e. After 5pm and on weekends the 'looping' process works which, upon approaching 5rh 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 e Av traffic consistently. Page 3 0 • 413112 Activity Rpt Cont d — Legislature puts business -property tax cut on ballot by Jason Garcia, Orlando Sentinel, 3/8/12 A tax cut to help small businesses immediately — and larger ones down the road — will go before Florida voters this fall. The Florida Senate voted 40-0 on Thursday afternoon to put a proposed constitutional amendment on the ballot that would cut property taxes on machinery, furniture and other business equipment known as "tangible personal property." The measure would immediately remove from the tax rolls any accounts with $50,000 or less worth of tangible property. That would ensure much of the estimated $20 million in annual tax savings would go to smaller businesses, although larger firms that have multiple tangible property accounts — some of which might have less than $50,000 worth of property in them — would also save some. Perhaps more significantly in the long term, the proposed amendment would give cities and counties the authority to create even larger property tangible property tax cuts in the future. The measure was a priority of Republican Gov. Rick Scott and the National Federation of Independent Business, a trade group that represents small businesses. But it was also supported by larger business groups, such as the Florida Chamber of Commerce and the Manufacturers Association of Florida, who see it as a way to get bigger tangible property tax cuts in the future. The proposal, which was sponsored in the House by Orlando Republican Rep. Eric Eisnaugle, would have originally given the Legislature the authority to set even bigger tax breaks. But local governments balked and it was rewritten to give that power to cities and counties instead. Brian, I spoke with Okeechobee Property Appraisers office regarding the possible application the additional $25,000 TPP. Initial review indicates another $21,000 +/- ad valorem tax revenue decrease ($2.8 million removed from the tax roll), if this passes in November. India Riedel Finance .Director City of Okeechobee Page 4