2012-05-15CITY OF OKEECHOBEE
MAY 15, 2012 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 5
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
CALL TO ORDER - Mayor:
May 15, 2012, City Council Regular Meeting, 6:00 p.m.
11. OPENING CEREMONIES:
Invocation to be given by Reverend Mike Brown of the Gathering; 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 May 2012 as "National Foster Care Month."
Mayor Kirk called the May 15, 2012, Regular City Council Meeting to order at 6:00 p.m.
In the absence of Reverend Brown, Revered Weiss, D.D., of the Church of Our Saviour offered the invocation;
The Pledge was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Absent
Present
Present
Present
Present
Present
Present
Absent (Lieutenant Hagan was present)
Present
Present
Mayor Kirk proclaimed May 2012 as National (roster Care Month, presenting the proclamation to Janet Steward of
Hibiscus Children's Center, "WHEREAS, the family, serving as the primary source of love, identity, self esteem
and support, is the very foundation of our communities and our State; and WHEREAS, there are children and
youth in foster care being provided with a safe, secure andstable home along with the compassion and nurture
of a foster family; and WHEREAS, all young people in foster care need a meaningful connection to a caring
adult who becomes a supportive and lasting presence in their lives; and WHEREAS, foster, kinship and
adoptive families, who open their homes and hearts and support children whose families are in crisis, play a
vital role in helping children and families heal and reconnect thereby launching young peopfc into (continued)
MAY 15, 2012 - REGULAR MEETING - PAGE 2 OF 5
AGENDA III COUNCIL ACTION - DISCUSSION - VOTE
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
A. Proclaim the month of May 2012 as "National Foster Care Month" (continued from page one) successful adulthood, and WHEREAS, dedicated foster families frequently adopt
continued. foster children, resulting in a greater need for more foster families; and WHEREAS, there are numerous
individuals, public and private organizations who work to increase public awareness of the needs of children
in and leaving foster care as well as the enduring and valuable contribution of foster parents, and the foster
care system is only as good as those who choose to be part of it NOW THEREFORE, 1, James E. Kirk, by
virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May
2012 as "FOSTER CARE MONTH" in Okeechobee, Florida and urge all citizens to come forward and do
something positive that will help change a lifetime for children and youth in foster care. "Ms. Steward, thanked
the Mayor and Council for bringing awareness to the community of the important role of foster families.
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of III Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the May
Council Action for the May 1, 2012 Regular Meeting. 1, 2012 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - ABSENT
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the April 2012 Warrant Register: Council Member Watford moved to approve the April 2012 Warrant Register in the amounts: General Fund, four
hundred twenty-four thousand, four hundred fifty-nine dollars and seventy-three cents ($424,459.73); Public Facilities
General Fund ................................ $424,459.73 Improvement Fund, sixteen thousand, one hundred forty-nine dollars and ninety-eight cents ($16,149.98); Community
Public Facilities Improvement Fund ................ $16,149.98 Development Block Grant Fund, six thousand, nine hundred fifty-four dollars and fourteen cents ($6,954.14); and
Community Development Block Grant Fund .......... $6,954.14 Capital Improvement Projects Fund -Impact Fee, two thousand, two hundred eighty-nine dollars and fifty cents
Capital Improvement Projects Fund -Impact Fee ....... $2,289.50 11 ($2,289.50); seconded by Council Member Williams. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - ABSENT
VII. AGENDA - Mayor. III WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. III New Business item E was added.
MAY 15, 2012 - REGULAR MEETING - PAGE 3 OF 5
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. NEW BUSINESS.
A. South Florida Water Management District water conditions update - Mr. Gary Ritter, Director of the South Florida Water Management District (SFWMD) Okeechobee Center, appeared
Gary Ritter. before the Council to give a brief update on the current water storage conditions of Lake Okeechobee and tributaries.
Due to the area only receiving half the amount of rain fall required for this time of year, the lake level is below 12 feet,
which in turn causes SFWMD to close the navigation locks along the North -end of the Lake. This is done in order to
maintain water levels within the rim canal. In addition, the Taylor Creek navigation lock is under major rehabilitation
and it is anticipated to be completed by October, 2012.
An important item to note is that in the past when water levels were low, SFWMD was able to move water into Taylor
Creek, then feeding into the waterways within the City. However, this will no longer be possible now that the
Stormwater Treatment Area's located to the North and the L63 Canal (Nubbin Slough and Lakeside Ranch) have
finalized construction and are fully operational.
Discussion continued regarding the status of moving the SFWMD offices from its current location at 205 East North
Park Street, (second floor of the current Bank of America building) to 3800 Northwest I Boulevard, (the former
location of Royal Concrete) along Highway 98.On June 14, there will be a full SFWMD Board meeting held at the
Board of County Commissioner's facilities followed by a BBQ hosted by the Cattlemen's Association. An invitation was
offered for everyone to attend.
The two-day a week lawn watering restriction remains in effect. SFWMD is continuing the three-day pulse release
cycles from Lake Okeechobee into the Caloosahatchee River due to the environmental concerns for that area. The
Mayor and Council thanked Mr. Ritter for his update. There was no official action necessary on this item.
B. Motion to adopt proposed Resolution No.12-04 approving a Participating Council Member Watford moved to adopt proposed Resolution No.12-04 approving a Participating Party Agreement
Party Agreement with Gator Apple 1, LLC to implement the requirements of with Gator Apple 1, LLC to implement the requirements of the Community Development Block Grant - Economic
the Community Development Block Grant - Economic Development - City Development; seconded by Council Member Williams.
Administrator (Exhibit 1).
Attorney Cook read proposed Resolution No. 12-04 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, APPROVING PARTICIPATING PARTY AGREEMENT DULY EXECUTED BY THE CITY OF
OKEECHOBEE FLORIDA AS RECIPIENT, AND GATOR APPLE I L.L.C. AS THE PARTICIPATING PARTY;
AUTHORIZING TRANSMITTAL OF SAID A GREEMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITIES;
PROVIDING FOR AN EFFECTIVE DATE."
MAY 15, 2012 - REGULAR MEETING - PAGE 4 OF 5 V
AGENDAIF
COUNCIL ACTION - DISCUSSION - VOTE
VIII. NEW BUSINESS CONTINUED.
B. Motion to adopt proposed Resolution No.12-04 approving a
Council Member Watford asked for clarification and to confirm any costs associated will be paid by Gator Apple 1, LLC.
Participating Party Agreement with Gator Apple 1, LLC to implement
Mr. Whitehall noted paragraph 11 of the agreement, which reads: "Any construction cost overruns on the CDBG
the requirements of the Community Development Block Grant -
funded infrastructure portion of the project will be paid for by the Participating Party."
Economic Development continued.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - ABSENT
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
C. Motion to appoint an alternate member to the Code Enforcement
Council Member Watford moved to appoint Mr. Dennis L. Murphy as an alternate member to the Code Enforcement
Board, term being May 16, 2012 through April 30, 2014 - City Clerk
Board, term being May 16, 2012 through April 30, 2014, (filling the vacant alternate term, due to Mr. Denisuk being
(Exhibit 2).
moved to a regular member position); seconded by Council Member Williams.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - ABSENT
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
D. Consider summer meeting schedule - City Clerk (Exhibit 3).
Council Member Watford moved to approve the summer meeting schedule cancelling the first meeting of each moth
in June, July and August. The meetings that will be held are June 19, July 17 and August 21; seconded by Council
Member Williams. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - ABSENT
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
E. ITEM ADDED TO AGENDA: Motion to appoint India Riedel as the
Council Member Watford moved to appoint India Riedel as the regular voting member to the Property and Casualty
regular member to the Property and Casualty Public Risk
Public Risk Management Board of Directors (Mrs. Sharon Allison was the previous appointment); seconded by Council
Management Board of Directors - City Administrator (Exhibit 4).
Member Williams.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - ABSENT
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
AGENDA
IX. ADJOURN MEETING - Mayor.
Please take notice and be advised that when a person decides to appeal any decision
made by the City Council with respect to any matter considered at this meeting,
he/she may need to insure that a verbatim record of the proceeding is made, which
record includes the testimony and evidence upon which the appeal is to be based. City
Clerk media are for the sole purpose of backup for official records of the Clerk.
"ATTEST: l5owling R. Watford, r.
Mayor Pro-Tempore
Lane Gamiotea, tMC, City Clerk
MAY 15, 2012 - REGULAR MEETING - PAGE 5 OF 5
COUNCIL ACTION - DISCUSSION - VOTE
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:32 p.m.
The next regular scheduled meeting is June 19, 2012 at 6:00 p.m.
INDEPENDENT
�IIv>EWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attar Fed copy of
advertisement being
in the matter of __.__..._ _G5._....A -f -- nA
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
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is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, that
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Okeechobee County, Florida each week and has been
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entered as second class mail matter at the post office in
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Okeechobee, in said Okeechobee County, Florida, for a
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period of one year next preceding the first publication
12
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
advertise �rrt-for publication in the said newspaper.
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Sworn to and subscribed before me this
day of rVI, — _Q. AD
Notary Public, State of Florida at Large
,"t,kiv, 6,, ; ANGIE BRIDGES
r_ MY COMMISSION q EE 177653
EXPIRES. Apr1 20, 2010
dad ,. • • Bonded Thru Notary Public Underwriters
IV
CITY OF OKEECHOBEE
MAY 155 2012
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
CALL TO ORDER -MAYOR: May 15, 2012, City Council Regular Meeting 6:Daul_v�
jr�c� rIh 0 7P
OPENING CEREMONIES: Invocation given bytev. Mike Brown, The Gathering)
Pledge of Allegiance led by the Mayor.
MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk ✓
Council Member Devin Maxwell ✓
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams v
City Administrator Brian Whitehall
City Attorney John R. Cook i-�
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner vl"
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Proclaim the month of May 2012 as "National Foster Care Month."— �:�,��-
PAGE 1 OF 2
15, 2012 PAGE 2 OF 2
V. MINUTES - City Clerk.
A. Motion to dispense wito the r adi g anad�prove the Summary of Council Action for the May 1, 2012 Regular Meeting.
1
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the April 2012 Warrant Register.
General Fund
$424,459.73
Public Facility Fund
$ 16,149.98
CDBG Fund
$ 6,954,14
Impact Fee Fund
$ 2,289.50
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. "tee lfj,6 ",5
Vill. NEW BUSINESS.
A. South Florida Water Management District water conditions update - Gary Ritter.
B. Motion to adopt proposed Resolution062-00 vm�rti6ipaAgartyA reement with Gator A le 1, LLC to im lement the re uirements of
p p Papproving P 9 Pp P q
the Community Develop ent Block Grant Program - City Administrator (Exhibit 1).
'e �; ZMt,,l.,�-c�,
C. Motion to a point an alternate member to the C de "nforcement Board, term being May 16, 200q throu h April 30, 201(4 - City Clerk (E ibit 2).
(LC�,P�x�, 1&'; L{ u.�c .,etY�w�G',
D. Conside sur mer meeting schedule - City Clerk (Exhibit 3).
IX. ADJOURN MEETIN
d/ L,.`�Z
PLEASE TAKE NOTIC 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.
C
ILL4
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Office of the Mayor M"
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Okeechobee, Florida
WHEREAS, the family, serving as the primary source of love, identity, self esteem and support, is the very
foundation of our communities and our State; and
WHEREAS, there are children and youth in foster care beingprovided with a safe, secure and stable home
along with the compassion and nurture of a foster family; and
WHEREAS, all young people in foster care.need a meaningful connection to a caring adult who becomes
a supportive and lasting presence in their lives; and
WHEREAS, foster, kinship and adoptive families, who open their homes and hearts and support children
whose families are in crisis, play a vital role in helping children and families heal and reconnect
thereby launching young people into successful adulthood; and
WHEREAS, dedicated foster families frequently adoptfoster children, resulting in a greater need for more
foster families; and
WHEREAS, there are numerous individuals, public and private organizations who work to increase public
awareness of the needs of children in and leaving foster care as well as the enduring and valuable
contribution offoster parents, and the foster care system is only as good as those who choose to be
part of it.
NOW THEREFORE, 1, James E. Kirk by virtue of the authority vested in me as Mayor of the City of
Okeechobee, do hereby proclaim the month of May 2012 as "FOSTER CARE MONTH" in
Okeechobee, Florida and urge all citizens to come forward and do something positive that will helps.
change a lifetime for children and youth in foster care.
In witness whereof, on May 15, 2012, I have hereunto
set my hand and caused this seal to be affixed.
- James E Kirk, Mayor
Attest: ( 9
Lane Gamiotea, Ca Cle
Melisa Jahner
From: Robin Brock <rbrock@cityofokeechobee.com>
Sent: Friday, May 11, 2012 11:10 AM
To: Melisa Jahner
Subject: FW: May is National Foster Care Month
Melisa, this is the contact person who will be present to receive the proclamation. OJ
Robin Brock
Executive Secretary
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 x 212
Fax: (863) 763-1686
Email: rbrock@.cityofokeecho bee. com
Website: http://www.cityofokeechobee.com
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
From: Janet Steward[mailto:isteward(abhcc4kids.orQl
Sent: Monday, April 30, 2012 6:11 AM
To: Janet Steward
Subject: May is National Foster Care Month
Good Morning,
May is National Foster Care Month. We would very much like to do a proclamation at your May
meeting,
to bring awareness to our need for Foster Families and to thank our Foster Parents. I would like to
attend the meeting
to receive the proclamation if you are able to do the proclamation for us.
Thank you so much,
Janet
Sincerely,
EXHIBIT 1
RESOLUTION NO. 12-04 MAY 15, 2012
A RESOLUTION OF THE CITY OF OKEECHOBEE, APPROVING
PARTICIPATING PARTY AGREEMENT DULY EXECUTED BY THE CITY
OF OKEECHOBEE FLORIDA AS RECIPIENT, AND GATOR APPLE 1
L.L.C. AS THE PARTICIPATING PARTY; AUTHORIZING TRANSMITTAL
OF SAID AGREEMENT TO THE DEPARTMENT OF ECONOMIC
OPPORTUNITIES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, (CITY), has applied to the Florida Department
of Economic Opportunities for Community Development Block Grant (CDBG)
program for certain infrastructure improvements within the City; and
WHEREAS, a local business, GATOR APPLE 1, L.L.C. has agreed to enter into a
Participating Party Agreement with the CITY, and has subjected itself to the
mandates of the grant which include creation of jobs and other incentives; and
WHEREAS, the CDBG grant application has been presented to the CITY in a duly
advertised public meeting, with opportunity for public comment, and discussion by
the City Council; the CITY has deemed the application to promote a municipal
purpose for the benefit of the CITY as a whole; and
WHEREAS, the Participating Party Agreement was duly executed by the parties on April
27, 2012, and has been approved by the Florida Department of Economic
Opportunities as to form and content.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1.
THAT the City of Okeechobee, Florida hereby approves and adopts the Participating
Party Agreement dated April 27, 2012, between the CITY and GATOR APPLE 1
L.L.C., its terms and conditions, under the application and Contract No. 12DB-OH-
07-57-02-EO8.
SECTION 2.
THAT the CITY approves and authorizes Nancy Phillips and Associates, to forward
this resolution and such other necessary documents to the Department of Economic
Opportunities in order to finalize the grant application.
Resolution No. 12-04 Page 1 of 2
SECTION 3. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 15t' day of May, 2012.
ATTEST:
James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 12-03 Page 2 of 2
GATOR APPLE 1, LLC
PARTICIPATING PARTY AGREEMENT
WITH THE CITY OF OKEECHOBEE
FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
The City of Okeechobee (hereinafter referred to as "the Recipient") along with Gator
Apple 1, LLC (hereinafter referred to as "the Participating Party"), enter into this agreement
effective as of this day of , 2012, to implement the requirements of the
Community Development Block Grant ("CDBG") Program, and hereby mutually agree as follows:
The application to the Florida Department of Economic Opportunities for CDBG
grant assistance and the CDBG Award Agreement between the Recipient and the
Florida Department of Economic Opportunities (hereinafter referred to as the
Department"), Contract Number: 12DB-OH-07-57-02-E08 is hereby incorporated by
reference into this Agreement. The Participating Party shall comply with all
provisions of the application and CDBG Award Agreement to the extent such
provisions are applicable to the Participating Party.
2. The Participating Party shall develop a schedule for hiring of employees (Exhibit A).
This schedule shall identify, at a minimum, the date that hiring of employees will
begin, and the date by which all employees will be hired. These same Participating
Party milestones shall be made an attachment to this Participating Party Agreement,
and shall be made a part of Attachment I ("Activity Work Plan") of the CDBG Award
Agreement. Timely satisfaction of these milestones shall be used in determining
whether the Recipient is "on schedule" under this Agreement and the CDBG Award
Agreement, as that term is defined in Rule 73C-23.0041 (9).
The Participating Party shall execute and be bound by all documents in such form
and substance as the Recipient or the Department may reasonably require for the
Recipient and the Participating Party to comply with the terms and conditions of the
CDBG Award Agreement. Such documents may impose reasonable material
covenants, terms, conditions, obligations, or other requirements on the Participating
Party and the Guarantors in addition to, but not inconsistent with, those set forth
herein.
4. The Land, Building and Developed Site shall remain titled in the name of the
Participating Party and shall be used as an Applebee's Neighborhood Bar and Grill
until such time as all of the requirements in this agreement have been satisfied.
5. The Participating Party shall create and satisfactorily document the creation of at
least fifteen (15) full-time equivalent permanent net new jobs, of which at least
twelve (12) full-time equivalent permanent net new jobs are to be for members of low
or moderate income households as specified in the application. If more than fifteen
(15) full-time equivalent permanent net new jobs are created, fifty-one percent (51 %)
of those jobs shall be made available to members of low and moderate income
families. These jobs shall be created no later than the termination date of the CDBG
Award Agreement, as it may be amended. Documentation shall be the Florida Small
Cities CDBG Program Household Income Verification Form (Form 1-2) or its
equivalent for each created job as well as documentation, in a form acceptable to
the Department that verifies all of the individuals for which Household Income
Verification Forms are being provided were employed simultaneously at a specified
specific moment in time. The documentation of the creation of these jobs shall be
retained by the Participating Party for a period of six (6) years following the final
closeout of the CDBG Subgrant agreement.
6. The Participating Party shall satisfactorily document the creation of any additional
created new jobs that were created as a result of the CDBG funded infrastructure
improvements as well as the retention of these jobs originally committed to by
submitting to the Recipient a Florida Small Cities CDBG Household Income
Verification Form and payroll verification documentation for each newly created job..
The Participating Party shall continue tracking jobs until either a cost per job of
under $10,000 is achieved or until one year following the completion of the CDBG
funded infrastructure, whichever comes first. These requirements shall be in place
until the Administrative Closeout of the CDBG Sub Grant Agreement.
7. The Participating Party shall provide or cause to be provided such training to
persons who are members of low and moderate -income households, as may be
necessary to equip them with the skills required for them to obtain and retain the
jobs to be created.
8. The Participating Party shall notify the Recipient in writing when it begins hiring the
required jobs and when it has completed hiring the required jobs.
9. The Participating Party shall utilize the service of the local workforce board and/or
advertise the newly created employment positions in one or more of the local
newspapers that serve the Recipient.
10. The failure of the Participating Party to create or to cause to be created or to
satisfactorily document the creation of the agreed upon total number of jobs or the
number of jobs to be made available to members of low or moderate income families
shall be an act of default under this Participating Party Agreement, the remedy for
which is that the Participating Party reimburse any repayments of CDBG funds made
by the Recipient to the Department due to the Participating Party's default. The
Recipient and the Participating Party will define by mutual agreement additional acts
of default.
11. Any construction cost overruns on the CDBG funded infrastructure portion of the
project will be paid for by the Participating Party.
12. If requested by the Recipient, the Participating Party shall provide to the Recipient or
its agents such reasonable information concerning the project as the Recipient or
the Department may reasonably require as it relates specifically to the conditions of
the grant.
13. The Participating Party shall submit a detailed quarterly report to the Recipient that
demonstrates its progress toward achieving the milestones set forth in this
Participating Party Activity Work Plan. These reports shall be delivered to the
Recipient no later than the end of each quarter of the program year and shall
continue to be submitted each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 30,
June 30, September 30 and December 31.
14. The Participating Party shall comply with Chapter 119, Fla. Stat., for all documents,
papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat.,
and made or received by the Participating Party in conjunction with this Agreement
or the Participating Party Agreement. The failure of the Participating Party to comply
with Chapter 119, Fla. Stat. is an act of default and shall be cause for the unilateral
cancellation of the Participating Party Agreement and this Agreement.
15. The Participating Party, not withstanding any other provision hereof to the contrary,
shall comply with all applicable local, state and federal statutes, laws, rules,
regulations or other requirements of Okeechobee County or the City of Okeechobee,
it's agencies and instrumentalities, and the State of Florida, it's agencies and
instrumentalities, and the United States of America, and it's agencies and
instrumentalities.
16. This Participating Party Agreement and any amendments thereto, must be approved
by the Department as to form and content prior to execution. Upon the approval of
the Department, the Participating Party Agreement shall be immediately executed,
and a copy shall be mailed to the Department. The right of approval granted to the
Department with respect to changes in the Participating Party Agreement shall
survive the term of this Agreement. The Department does not assume any liability
or responsibility for the accuracy or enforceability of the Participating Party
Agreement through the exercise of this right of approval.
17. This Agreement shall terminate and no longer be binding on the Participating Party
upon the occurrence of all of the following: (a) the Participating Party satisfies the
Hiring Requirement; (b) the Participating Party documents compliance with the
Hiring Requirement as set forth herein; and, (c) Recipient closes out the CDBG
Award Agreement with the Department [items (a) and (b) are collectively referred to
herein as the "PPA Requirements"]. Once the Participating Party satisfies the PPA
Requirements and completes a final submission of the required job creation
documentation, due prior to the submission of the CDBG Award Agreement
Administrative Closeout, the Participating Party shall deliver written notice thereof to
the Recipient ("the Participating Party's Termination Notice"). Upon receipt of the
Participating Party's Termination Notice, the Recipient shall promptly attempt to
verify that the Participating Party has satisfied the PPA Requirements and, in the
event that the Recipient determines that the Participating Party has satisfied the
PPA Requirements, the Recipient shall immediately provide the same
documentation to the Department for their review. In the event, however, that the
Recipient determines that the Participating Party has not satisfied the PPA
Requirements, the Recipient shall notify the Participating Party in writing of its
conclusion (including the specific grounds for such conclusion). In the event that the
Department concludes that the Participating Party has not satisfied the PPA
Requirements a notice will be made to the Recipient and the Recipient will then
provide notice the Participating Party of the deficiencies. In the event that the
Department determines that the documentation provided is sufficient to satisfy the
PPA Requirement, the Department shall issue the Recipient a "Letter of
Compliance." The Recipient will provide a copy of the Department's "Letter of
Compliance" to the Participating Party, which shall terminate this Agreement.
18. Any extension of the CDBG Award Agreement pursuant to Fla. Admin. Code Rule
73C-23.0051 shall act as an extension of the Participating Party Agreement. Failure
of the Recipient to notify the Participating Party of such extension shall not invalidate
this provision.
19. For purposes of this Agreement, any notices, records, reports, or papers required to
be furnished by the Participating Party to the Recipient shall be delivered to the
Offices of the City Administrator, City of Okeechobee, 55 S.E. Third Avenue,
Okeechobee, Florida 34974.
20. All documentation submitted to the Department by the Participating Party or the
Recipient in any form is hereby and will, if submitted after execution hereof, be made
a part of this Participating Party Agreement by reference, and it is understood by all
parties that the Department relies on this information as a basis for decision making.
Should any submission be found to be inaccurate to the extent that it is reasonable
to conclude that the Department's decision would have been substantially different
had the true and accurate information been available, the Recipient may declare this
Agreement to be terminated and require repayment by the Participating Party of any
funds expended on the project by the Recipient.
21. The Participating Party shall comply with the provisions of Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. Section 794) as it relates to employment
discrimination, facility accessibility and the Americans with Disabilities Act.
22. Under the CDBG Award Agreement between the Recipient and the Department, the
Recipient may request amendments to the CDBG Award Agreement subject to the
discretion of the Department. Further, the Recipient is obligated to provide certain
reports and data to the Department, and to constantly monitor performance,
including the provisions herein. For such purposes, the Participating Party shall
cooperate with the Recipient, and its agents including providing access to its
premises and operations, and providing any data, reports, inspections, or records as
required by the Recipient, and attending any meetings required by the Recipient.
23. The Participating Party shall promptly notify the Recipient, in writing, of any judicial
or administrative litigation pending as of closing against it and shall furnish the
Recipient with a copy of all pleadings or papers filed with a court or administrative
agency as such pleadings or papers are filed.
24. The Participating Party shall allow reasonable access to its records and facilities by
the Department or its agents and by any other state or federal agency or their agents
asserting jurisdiction to access compliance with any condition of the CDBG Award
Agreement including compliance with any applicable state and federal law. The
Participating Party shall promptly notify the Recipient as soon as it is informed that
any such agency intends to seek access, or otherwise is preparing to access or
monitor for compliance.
25. For a period of six years from the effective date of the Subgrant Agreement's Final
Closeout, the Participating Party shall retain all original records to the
implementation of this CDBG Economic Development program and to its compliance
with the CDBG application and this Agreement. This period of record retention shall
be automatically extended by any period of time that the Department extends this
CDBG Award Agreement. If any litigation, claim or audit is started before the
expiration of the record retention period otherwise required by this paragraph and
extends beyond that period, the records shall be maintained until all litigation, claims
or audit findings have been resolved.
26. Should the Recipient fail to enforce the provisions of any obligation specified in this
Agreement, the Department may, with thirty (30) days written notice to the Recipient
and to the Participating Party, automatically substitute itself for the Recipient in said
Agreement for the purpose of enforcing said Agreement and may, at its sole
discretion, continue to administer said Agreement, but may exercise such control
only in accordance with the terms of this Agreement and the Application.
27. Should the Participating Party exercise its rights under any chapter of the Federal
Bankruptcy Act or any state insolvency laws or should an involuntary action be
commenced against the Participating Party, which shall not be dismissed with sixty
(60) days after notice thereof to the Participating Party, the Participating Party shall
give notice thereof to the Recipient. The Recipient shall so advise the Department
within ten (10) days of the Recipient's receipt of such notice or other information in
that regard.
28. Should the Recipient have substantive knowledge of any civil suit against the
Participating Party prior to the expiration of this Agreement as amended, the
Recipient shall notify the Department within ten (10) days of receipt of such
information.
29. Venue for any dispute involving this agreement shall be in the Circuit Court of
Okeechobee County, Florida. In the event either party seeks to enforce any or all of
the terms of this Agreement, the party which prevails by order, judgment, stipulation,
decree, settlement, voluntary action or otherwise, shall receive all reasonable
attorney's fees and any costs of paralegals, expert consultants and any other
expenses of litigation, whether judicial or administrative, including any appeals, from
the losing party.
30. The Participating Party shall provide sufficient information to the Recipient so that
the Recipient can certify that none of the Recipient's Grant proceeds have been or
will be paid to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the award of
the Grant, any Federal contract, any Federal loan, any Federal grants, or any
extension, renewal, modification or amendment thereto.
31. Guarantors join in this Agreement to unconditionally guarantee the timely
performance of the Participating Party's duties hereunder.
32. This Agreement is executed in multiple copies, each copy of which shall be deemed
an original.
ATTEST:
r
By
City Clerk
(corporate seal)
A
A
City of Okeechobee
a Florida Mua ipality
ByN XI
Mayor
Date:
GatorApple 9, LLC
a Florida Corporation
By:
President
Date: Z Z
EXHIBIT A
SCHEDULE FOR HIRING OF EMPLOYEES FOR GATOR APPLE 1, LLC FACILITY
FOR CDBG PROJECT
FUNDED THROUGH GRANT NUMBER 12DB-OH-07-57-02-E08
PERSONNEL
Job Title of
Total
Total
Hourly
Total Annual
Total Payroll
Proposed Hiring
Created Job
FTE
FTE
Pay Rate
Payroll for
for Jobs
Date
Jobs to
Jobs to
or Annual
This Job
Created for
Month/Year
be
Be
Pay Rate
Title
LMI Persons
Created
Created
for LMI
Persons
Servers
26
11
$12,016
$312,416
$132,176
August, 2012
Cooks
10
7
$22,000
$220,000
$154,000
August, 2012
Hostess/Host
6
4
$15,340
$92,040
$61,360
August, 2012
Bar
2
1
$15,340
$30,680
$15,340
August, 2012
Managers
3
0
$40,000
$120,000
$00,000
August, 2012
Expo
1
1
$15,340
$15,340
$15,340
August, 2012
To Go Staff
2
2
$15,340
$30,680
$30,680
August, 2012
TOTALS 50 26 $821,156 $408,896
For purposes of scoring, only 15 FTE jobs will be counted of which 12 FTE will be LMI
positions.
LkHIBIT 2
MAY 15, 2012
55 Southeast Td Avenue * Okeechobee * Florida * 34974 * (863) 763-3372
APPI Ir_ATIC)N FOR CITY BOAROICOMMITTEE 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 MUST BE COMPLETED IN FULL.
Answer 'none" or "not applicable" where appropriate.
✓CHECK BOARD(S) OF INTEREST TO YOU
A COPY OF EACH BOARDS DITTIES, MEETING DATES S TIMES ARE ATTACHED
CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards.
❑ Planning Board - Board
❑ Code
❑ Okeechobee Utility
❑ General Employees
❑ Other.
of Adjustment & Appeals -
Enforcement
Authority Board of
& OUA Pension Fund
Design Review Board
Board
Directors
Trustee's
APPLICANTS FULL NAME:
NAME COMMONLY USED:
f wt-
/_ O 9 � / +I'N VQ
tS?
RESIDENCE ADDRESS:
HOW LONG AT ADDRESS:
Years 7t Is this in the City Urnits? A(es UNo
MAILING ADDRESS:
tF-
HOME TELEPHONE:
-05(pS q 74
77.2 — X&S -- b
CELUOTHER TELEPHONE:
CURRENT EMPLOYER & OCCUPATION:
r t-� ��
BUSINESS ADDRESS:
WORK TELEPHONE:
FAX NUMBER(S):
- 6
DATE OF BIRTH:
ARE YOU A US CITIZEN?
j4es ONO, explain:
FLORIDA REGISTERED VOTER?
Aes County Registered in: ONO
EDUCATION:
High School Name & Location: k �• 1°a� .
Year Graduated:qf
POST SECONDARY EDUCATION:
NAM &LOCAnoN: DATES ATTENDED: CERTIFICATEMEGREEREVD:
w•.�.T�.1►• IISO-82. ttm-Q-
DATES: BRANCR DATE DISCHARGED:
MILITARY SERVICE:
• qv9Gl0
ARE YOU CURRENTLY EMPLOYED AS:
ClGenerai Contractor 1313usiness Person OArch€tect
Q (/ALL THAT APPLY)
ClEngineer OSub-Contractor DRealtor
ClAttomey ODoctor C]Surveyor
Xay Person C)Urban Planner 01-andscape Architect
LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS:
NAME &ADDRESS TYPE OF BUSINESS JOB TITLE DATES
�#`LkP0Atk k&.6t To ► VII9
_mil Q w 9 e-5
J
HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY S RVE ON A CITIZEN OR COMMUNITY BOARD FOR
ANY OTHER AGENCY OR GOVERNMENT? EYES ^0
IF YES, LIST: AGENCY BOARD NAME; POSITION DATES
STATE YOUR EXPERIENCESAND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHATQUALIFYYOU
FOR THIS APPOINTMENT. -tom
c) y ezt .,'t aS a vt c l JI t4A i V iV%3 I L&% Fro v-1ac%
HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATI N(S) OR DESIGNATION(S) RELATED TO
THE SUBJECT MATTER OF THIS APPOINTMENT? EYES AO.
IF YES, LIST:
ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? DYES ;*O
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) AYES CIO
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 W(TH THE STATE?
HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS
FOR PUBLIC OFFICERS AND EMPLOYEES? EYES J10
IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION:
THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SE), 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: ATALE 13FEMALE
ETHNIC GROUP: ,*AUCASIAN ❑BLACK USPANISH HERITAGE ONATIVE AMERICAN
E]ASIAN OR PACIFIC ISLANDER CIOTHER(specify):
✓ALL THAT APPLY: ❑WARTIME PERIOD VETERAN (]DISABLED VETERAN
;/IETNAM VETERAN
HANDICAPPED STATUS: OYES *XN0
IF YES, WHAT IS THE HANDICAP?
p
ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE a OR THE SPOUSE OR
CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER
119.07(3)(k)1? OYES AO
DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUTYOURSELFTHATWOULD BE HELPFULTOTHE
BOARD YOU WISH TO SERVE ON. IF MORE S ACE IS NEEDED, PLEASE 6TTACH AN ADDITIONAL PAGE.
a a- -�.. A :ia - n ILA,r C - 3t rn I �eSs
VOL-P-4r�
r 1 -eg 0 itAfA
• �- � a
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
rightto requestthatthe 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 thatll have read and understand each of the above statements.
Signature of
®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, reactor, 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 3R° AVENUE
'OKEECHOBEE, FLORIDA 34974
CLERK OFFICE USE ONLY.•
BOARD APPOINTED TO
CITY COUNCIL MEETING:
INITIAL TERM:
LETTER SENT:
REAPPOINTMENT(S):
RESIGNED:
CERTIFICATE AWARDED:
Sun Mon
3
June 2012
Tue Wed Thu
7
DWisrr 3
MAY 15, 2012
Fri Sat
City Council
Meeting -
Recommend
Cancelling
10
11
12
13
14
15
16
Code Board
Meeting
Flag Day
17
18
19
20
21
22
23
TRC Meeting
City Council
Planning
Meeting
Board
Meeting
Father's Day
24
25
26
27
128
29
130
Summer
Meeting
chedule:
Recom
end canc
lling the f
st meetin
s of
each m
nth for fu
e, July &
ugust, da
es
being:
June 5, fuli
r 3 and Auf
rust 7.
We do
of have a
quorum f
r the July
meetin
May 2012 July 2012
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 5
6 7 8 9 10 11 12 1 2 3 4 5 6 7
13 14 15 16 17 18 19 8 9 10 11 12 13 14
20 21 22 23 24 25 26 15 16 17 18 19 20 21
27 28 29 30 31 22 23 24 25 26 27 28
29 30 31
July 2012
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4
5
6
7
City Council
Meeting-
'� ► °'° •°'
Recommend
Cancelling
Independence
Day
8
9
10
11
12
13
14
Code Board
Meeting
15
16
17
18
19
20
21
TRC Meeting
City Council
Planning
Meeting
Board Meeting
22
23
24
25
26
27
28
29
30
31
June 2012
August 2012
Su Mo Tu We Th Fr Sa
Su Mo Tu We Th Fr Sa
1 2
1 2 3 4
3 4 5 6 7 8 9
5 6 7 8 9 10 11
10 11 12 13 14 15 16
12 13 14 15 16 17 18
17 18 19 20 21 22 23
19 20 21 22 23 24 25
24 25 26 27 28 29 30
26 27 28 29 30 31
Still Molt Tu.e IVed 77111 Fri Sat
1
?
3
4
5
6
7
8
9
10
11
City Council
Pension Board
Meeting -
Regular
Recommend
Meetings
Cancelling
12
13
14
15
16
17
18
TRC 4leeting
Code Board
Planning
Aleeting
Board Meeting
19
20
21
22
23
24
25
Qua
LI " I i
ek f or
ty Elec
Um
New School
City Council
Year Starts
Meeting
26
27
28
29
30
31
July 2012
September 2012
Su Mo Tu We Th Fr Sa
Su Mo Tu We Th Fr Sa
1
1 2 3 4 S 6 7
2 3 4 5 6 8
8 9 10 11 12 13 14
9 10 11 12 13 14 15
15 16 17 18 19 20 21
16 17 18 19 20 21 22
22 23 24 25 26 27 28
23 24 2S 26 27 23 29
29 30 31
30
City of'Okeechobee SS SE 3r`l Av Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a,citvofokeechobee.com
\�y F OK P
ti
*Memorandum
`T
a
* 7915 =�
Date: May 15, 2012
TO: Mayor Kirk and City Council
FR: Admin Whitehall
Fin Director Riedel
RE: Agenda — add PRM Insurance representative
The annual conference for the Public Risk Management is June 13-15. Our
understanding is that Councilman Williams, the City's designated alternate
will be unable to attend and we will have no voting member otherwise for
that coverage. Assuming the City Council concurs with the summer
schedule, there will be no June 5th meeting.
Therefore, please entertain a motion to identifying the following
representatives to serve, as indicated, until such time as the City Council
amends same:
Property and Casualty coverage -
Member — India Riedel (was vacant)
Alternate — Clayton Williams (existing) with Councilman
Williams' expertise in the insurance field we advocate that he
remain the alternate member.
Group Health coverage
Member — India Riedel (existing)
Alternate — Brian Whitehall (existing)
City of Okeechobee
� m
" 91
May 14, 2012
To: Brian Whitehall, City Administrator
From: India Riedel, Finance Director
Re: PRM — June 2012 Annual Educational Conference
As of today there is no one designated as the primary representative on behalf of the City to the
Public Risk Management — Property and Casualty Board. Clayton Williams is the designated
alternate.
In order for the City to be represented at the 2012 PRM Annual Educational Conference in June,
the City needs to designate a primary representative. Please consider this memo a request to
have the City Council appoint myself, India Riedel as the primary representative at the May 15,
2012 scheduled meeting.
55 SE 3`d Avenue, Okeechobee, FL 34974
(863) 763-3372 / Fx (863) 763-1686
F.
The Updates!
r
from the City Administrator's Desk
55 SE 3rd Av., Okeechobee, FL 34974
City Council meeting _of May 15, 2012
Building Dept I General Services:
• Temporary Use/temp structure permit process — as you know the City
Code provides for a permit, fee ($175, no charge for a non-profit special
event) and inspection method to allow businesses to conduct an event
which will result in erection of temporary structures. As you can see by the
attached chart, most of the City's applicants are listed as nonprofit and no
fee is assessed. When discussing it among staff, perhaps rather than
Main St simply sponsoring an event (for example) to avoid the fee,
perhaps amend the code to allow any registered business to conduct
events free of charge, incl open houses, grand openings, anniversaries,
etc. But leave the fee in place for events are not solely sponsored by a
current business or have a significant impact, like a fair or festival.
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.
• Adron Fence unused lots — I advised Travis Chamber that the City was not
interested in repurchasing his lots at the price mentioned which didn't
seem to bother him too much. I need to send him confirmation to that
effect.
Historical info:
According to the provisions of the contract to sell lots 18, 19 & 20 to Adron Fence
(TRC Investments LLC) there was a five year window wherein they were
prohibited from the sale of any of the property. The City also has a right to re-
purchase the undeveloped lots at the orig sale price of $50k/acre but in order to
exercise that right the city was required to give notice 60 days prior to the end of
the 5-yr period ... which we did in July 2011. Last month I reed a letter from
Adron Fence expressing interest in selling the property (8.11 acres X $50k@ _
$405, 500) to the City. Further Adron Fence added development costs total
approx $138,000 for a total of $543, 505.31. l have been working w/Atty Cook to
interpret the City's rights for 1 S` refusal vs simply the acquisition. If the City isn't
interested in purchasing the lots, it appears that Adron fence will probably market
lots 18 & 19 along w/ the cul-de-sac property.
Page 1
5115112 Activity Rpt Contd -
City Clerk:
• Public Works Director - have done some advertising incl the Okeechobee
News and the Palm Beach Post. Also it is to appear in the FL Leag of
Cities e-news(floidaleagueofcities/flcenews.aspx) which goes out w/ Ken
Small's CMs newsletter, also the FL Assoc of Co Eng and Road
Superintendents (facers.org), FL City County Managers Assoc
(FCCMA.org) and Florida Gov Finance Officers Assoc (fgfoa.org)
I also wanted to clarify the City Council's involvement, the way I see it, in
the hiring process. While the Code provides that the City Council appoints
the Dept Head, it's probably more productive for staff to conduct the
interviews, and not just create a short list, but also produce a decision on
the successful candidate and seek Council approval. I suspect I can
reduce all the applicants to a short list for interview purposes and a
Committee composed, of say, Donnie Robertson, the Mayor, Lane and I
will review and interview the short list. The short list names can be
supplied to the City Council, with quantified results identifying the
successful candidate during the hiring process.
Finance:
• Pension actuary info - The Actuary reports have trickled in and India has
provided a memo, attached hereto. The memo explains some of the logic
associated with their decision making which has resulted in reasonable
rate adjustments, incl reductions adj for this fiscal year.
Incidentally, at the May 7 Pension Bd the Board decided to seek proposals
for a new Actuary firm.
• Health screening -'Wellness Fair' where our employees would have the
exposure to health screening at virtually no cost to the City.
This apparently has been met with positive feedback and we will continue to plan
the event.
Fire Dept & Code Enforcement:
• Flashing sign code violations - you recall in the fall of 2010 the Council heard
from Steve Nelson about the flashing sign code prohibition. At the 1112110 mtg
Code Enf was advised to detain enforcement until such time as staff had an
opportunity to reevaluate the code. I sent a few memos out wl the only
suggestion l could arrive at, which accomplished what I tho't was the City's
position on disallowing said signs in the future ... that being to `grandfather' those
in existence. l can bring that opinion forward in a future meeting if you wish.
• Nuisance properties in Dean's Ct - In June 2011, the City passed a Resolution
advocating a County DREF (Disaster Recovery Enhancement Fund) grant for
demo on dilapidated properties ... to date we haven't executed anything.
Page 2
5115112 Activity Rpt Cont'd —
Public Works:
• SW 21 Storm sewer project — The County opened 4 bids for the 4120112 bid
opening:
Sunshine land Design, Port Salerno $647, 550.68
FHP Tectonics Corp, Miami $494, 074.59
Close Const, Okeechobee $544, 567.91
GO Underground Utilities, Lake Placid $486, 893.00
The engineer's estimate was: $476,932.00
Anticipate the county awarding the contract at the May 24th meeting.
• Proposed park at SE 6th A and SE 7f" Street — met w/ DPWks Robertson and
Bill Blazak, Culpepper & Terpening, Engineering, on 4110112 and reviewed the
project approach. It appears Mr. Blazak's firm will provide a site plan,
incorporating landscaping design. We discussed grant possibilities and phasing
in the park construction.
• 441 & SR 70 intersection improvement —
Timeline- Phase 160% (Jan 2012), Phase 11(Jul 25) 90%, Phase 4 — Nov, Final
12/20/12, Utility clearances, development of bids and budget timing move the
tentative bid letting to 1214113.
• Grant funded projects- I've reported that the City received news that the
Governor vetoed funding for the two grants that the legislators had
previously approved.
• Signal at SW e A and S Park St — The idea of a mini -roundabout was
introduced and we will review its feasibility and, if so, introduce it to the Council.
Dates to remember-
• I anticipate being gone the week before Memorial Day (5/21 — 5/25)
• May 14tt'., Monday at 9:00am at the Okee Co Sheriffs office, fallen officers
memorial service
• June 12, Tuesday, at 9:30am at the LS9 site for a tour and ribbon cutting
(www.IS9.com)
One of the first employees I met when I arrived on the job here in Okeechobee
was Sgt. Tom Tarner. I knew I was in the right place when Tom took the time to
shake hands and say "welcome aboard". What a welcome committee! He didn't
change that demeanor until the day of his passing last Wednesday. The visitation
is Sat., 5/12 at 9:00am with the funeral at 10 at the 1st Baptist church.
End....
Page 3
City of Okeechobee
TEMPORARY USE PERMITS
APPLICANT
2011
St. Stephens A.M.E. Church
American Legion Post 64
St. Stephens A.M.E. Church
More 2 Life Ministries
4-H
St. Stephens A.M.E. Church
Close Construction
Pregnancy Center of Okeechobee
Ultimate Gamer -Brian Wendt
2012
American Legion Post 64
Rylee's Hope
Communities in School -PAL
Okeechobee Church of God-Griefshare
More 2 Life Ministries
Los Cocos -Juan Solorzano
Pregnancy Center of Okeechobee
New St. Stephens A.M.E. Church
Okeechobee Main Street
Okeechobee CI EBTF
Okeechobee County Sheriffs Office
Cowboyss BBQ & Steak Co.
EVENT
Church Bazaar
Free Fair
Yard Sale Fundraiser
Barbeque Fundraiser
4-H Fundraiser
Yard Sale Fundraiser
Temporary Construction Trailer
Christmas Open House
Toys for Tots Charity Fundraiser
Subtotal
Free Fair
Yard Sale Fundraiser
Yard Sale Fundraiser
Yard Sale Fundraiser
Barbeque Fundraiser
30 yr. Anniversary Celebration
Yard Sale Fundraiser
Yard Sale Fundraiser
Grand Opening and Ribbon Cutting
Barbeque Fundraiser
Barbeque Fundraiser
1 st Annual Tailgate Party
Subtotal
GRAND TOTAL FOR 2011 & 2012
May-12
FEE PAID
0.00
175.00
0.00
0.00
0.00
0.00
175.00
0.00
175.00
525.00
$175.00
$0.00
$0.00
$0.00
$0.00
$175.00
$0.00
$0.00
$0.00
$0.00
$0.00
$175.00
$525.00
$1,050.00
v
To: Mayor Kirk, Councilmen and Administrator Whitehall
From: India Riedel, Finance Director
RE: Pension Actuary Info -Contribution rates
Date: 05/09/2012
As of this date we have received all 3 actuary pension information in electronic format (hard
copy of each plan should be received within 10 days).
Actuarial assumptions are made for long term forecasting as well as for short term city
required contributory rates. Below is the historical information along with the projected
required city contribution rate for the 2012/2013 budget year
Contribution General Police Pension Fire Pension
Year Pension Plan Plan Plan
2010
12.24%
10.55%
4.04%
2011
13.00%
15.61 %
10.00%
2012
12.64%:::M
:d
2013
12.81 %
16.39%
10.09%
Based on the recent change in legislation within the police pension plan the assumptions
changed as far as the assumed payouts for leave and maximum number of overtime hours.
This significantly reduced the required city contribution rate from 17.08% (amount budgeted
this year) to 12.91 %. This change equates to $30,000+/- savings this fiscal year.
Due to an increase in the `expected State tax refund', the actuary reduced the fire pension
plan contribution rate to 8.73%. Reducing the rate from 10.48% which is an approximate
20% decrease, or an expected reduction of $8,000.
Each plan assumes a 6% annual increase in salary for plan participants. However, the
historical changes in salary have been substantially less than projected.
It was anticipated the city contribution rates for all 3 plans would increase significantly from
last year, however, the increases are not exorbitant based on this years budgeted amounts.
The police and fire both decreased with the general plan increasing from 12.64% to 12.81 %.
Collective budgetary retirement cost this next budget year should flat line based on these
percentages