2013-05-07AGENDA
I. CALL TO ORDER - Mayor.
May 7, 2013, City Council Regular Meeting; 6:00 p.m.
CITY OF OKEECHOBEE
MAY 7, 2013 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk called the May 7, 2013, Regular City Council Meeting to order at 6:00 p.m.
PAGE 1 OF 6
II. OPENING CEREMONIES:
Invocation to be given by The Very Reverend Father Edward Weiss, Church The invocation was offered by The Very Reverend Father Edward Weiss, Church of Our Saviour; The Pledge of
of Our Saviour; Pledge of Allegiance led by Mayor. I Allegiance was led by Mayor Kirk.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Mike O'Connor
Council Member Devin Maxwell
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 David Allen
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Proclaim the week of May 5 through 11, 2013 as "Municipal Clerks'
Week. "
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Absent
Mayor Kirk proclaimed the week of May 5 through 11, 2013 as "Municipal Clerk's Week" and read the following
proclamation in its entirety: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local
government exists throughout the world, and WHEREAS, the Office of the Municipal Clerk is the oldest among
public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal
Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on functions of local government and
community; and WHEREAS, Municipal Clerks continually strive to improve the administration (continued)
5-1
31.
AGENDA
IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED.
A. Proclaim the week of May 5 through 11, 2013 as "Municipal Clerks'
Week" continued.
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the April 2, 2013, Regular Meeting.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2013 Warrant Register.
General Fund ................................ $322,292.56
Public Facilities Improvement Fund ............... $ 22,043.41
Community Development Block Grant HR Fund ..... $ 21,013.75
Capital Improvement Projects Fund-lmpact Fees . , , . $ 3,240.00
Community Development Block Grant ED Fund ..... $ 2,173.47
VII. AGENDA - Mayor.
MAY 7, 2013 - REGULAR MEETING - PAGE 2 OF 6
COUNCIL ACTION - DISCUSSION - VOTE
of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars,'
workshops and the annual meetings of their state, province, county and international professional
organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of
the Municipal Clerk NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby
proclaim May 5 through 11, 2013, as "MUNICIPAL CLERKS WEEK "and further extend appreciation to our
Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their
exemplary dedication to the communities they represent. " The proclamation was presented to Clerk Gamiotea
and Deputy Clerk Jahner.
Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April
2, 2013, Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to approve the March 2013 Warrant Register in the amounts: General Fund, three
hundred twenty-two thousand, two hundred ninety-two dollars and fifty-six cents ($322,292.56); Public Facilities
Improvement Fund, twenty-two thousand, forty-three dollars and forty-one cents ($22,043.41); Community
Development Block Grant Housing Rehabilitation Fund, twenty-one thousand, thirteen dollars and seventy-five cents
($21,013.75); Capital Improvements Projects Fund -Impact Fees, three thousand, two hundred forty dollars and zero
cents ($3,240.00); and Community Development Block Grant Economic Development Fund, two thousand, one
hundred seventy-three dollars and forty-seven cents ($2,173.47); seconded by Council Member Williams. There was
no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's III
Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. There were none.
MAY 7, 2013 - REGULAR MEETING - PAGE 3 OF 6
53
AGENDA
VIII. NEW BUSINESS.
A. Motion to adopt proposed Resolution No. 2013-01, supporting
"Students Working Against Tobacco (SWAT) - Candace Pope,
Tobacco Prevention Specialist (Exhibit 1).
B. Motion to adopt proposed Resolution No. 2013-02, Construction
Agreement with FDOT for the Applebee's turning lane project -
Public Works Director (Exhibit 2). -
COUNCIL ACTION - DISCUSSION - VOTE
Council Member Watford moved to adopt proposed Resolution No. 2013-01, supporting initiatives that limit the access
of all forms of candy or fruit flavored tobacco and nicotine to youth; seconded by Council Member O'Connor.
Miss Savannah Goggins, President of the Yearling SWAT Club addressed the Council by thanking them for adopting
the resolution, as a strong community collaboration can strengthen the efforts to address the influence of tobacco use
in Okeechobee. She gave statistical information on how tobacco companies market their products in an effort to target
middle and high school students. In Okeechobee County 27.7 percent of high school students and 16.4 percent of
middle school students reported the use of tobacco products in the past 30 days. The local percentages are higher
than the state average.
Attorney Cook read proposed Resolution No. 2013-01 by title as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA; SUPPORTING INITIATIVES LIMITING YOUTHACCESS TO ALL FORMS OF CANDY
OR FRUIT FLAVORED TOBACCO AND NICOTINE PRODUCTS AND RECOGNIZING THE EFFORTS OF THE
TOBACCO FREE PARTNERSHIP OF OKEECHOBEE ORGANIZATION AND ITS YOUTH SUPPORT GROUP
"STUDENTS WORKING AGAINST TOBACCO" REFEREED TO AS "SWAT", AND PROVIDING AN EFFECTIVE
DATE."
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
On October 16, 2012, the City Council adopted Resolution No. 2012-10 which approved a construction agreement
and plans with Florida Department of Transportation (FDOT), relating to CDBG-ED Grant No.12DB-OH-07-57-02-E08
to construct turn lanes on East North Park Street, (State Road 70 East), from Southeast 10th to 131h Avenues). FDOT
did not approve the construction plans, and they sent them back for amendment, which has now been completed. Due
to the length of time it has taken, a new resolution is required to approve the new construction plans. The Mayor and
Council received a Revised Exhibit Two where the proposed resolution was changed to reflect Attorney Cook's
modifications.
Council Member O'Connor moved to adopt proposed Resolution No. 2013-02, approving a Construction Agreement
and Construction Plans with FDOT relating to the CDBG-ED Grant No. 12DB-OH-07-57-02-E08, which sets forth
construction plans for turn -lanes on East North Park Street (State Road 70 East, from Southeast 10`h to 131h Avenues)
for the Applebee's Restaurant and authorizes the Public Works Director to execute such agreement; seconded by
Council Member Watford.
MAY 7, 2013 - REGULAR MEETING - PAGE 4 OF 6
54
it AGENDA III COUNCIL. ACTION - DISCUSSION - VOTE II
Vill. NEW BUSINESS CONTINUED.
B. Motion to adopt proposed Resolution No. 2013-02, Construction
Agreement with FDOT for the Applebee's turning lane project
continued.
C. Consider a Code Enforcement complaint - William Mason (Exhibit.
3).
D. Consider a request to assist in payment of installing new windows in
the Chamber of Commerce building - Terry Burroughs (Exhibit 4).
Attorney Cook read proposed Resolution No. 2013-01 by title as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA APPROVING A CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION FORIMPROVEMENTS ONSTATEROAD 70EAST, PROVIDINGFORAUTHORIZiNG THE
PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT, PROVIDING THAT THiS RESOLUTION',
SUPERSEDES PREY/OUSLY ADOPTED RESOLUTION NO. 2012-10; PROVIDING FOR SEVERABILiTY,
PROVIDING FOR AN EFFECTIVE DATE."
VOTE
KiRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Mr. William Mason submitted an agenda item request form together with a letter regarding his view on the City's
methods for handling Code Enforcement violations, and suggestions for changing those methods. However, since Mr.
Mason was not present to address the matter, Mayor Kirk did not offer it to the floor for discussion.
The City entered into a tease Agreement with the Chamberof Commerce of Okeechobee County to lease the building
located at 55 South Parrott Avenue. The lease term is from April 1, 2012 through March 31, 2017. Prior to the
agreement being executed, City Building Official Schaub and City Fire Chief Smith inspected the facility and issued
a report of issues to correct. The Chamber had Mr. Elbert Batton and Mr. Michael Hazellief inspect the building as well
and offer their findings of issues to correct. Emory Walker Air Conditioning inspected the air-conditioning system, their
report was added to the list. All reported findings where noted at the March 6, 2012, Council meeting. The offer was
made that any major repairs found within the first year of the lease, that cost more than $500 would be split 50150.
However, at the final approval, March 20, 2012, the agreement was, in lieu of improvements more than $500 being
split, the City took responsibility of maintaining and repairing the roof. The Chamber would essentially take care of all
other capital improvements and maintenance issues.
The current lease reads "Condition of Premises and Repair. CHAMBER hereby accepts the premises in the condition
that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and
repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the
use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major
repairs are necessary. Subsequent to that, the CITY shall be responsible for all maintenance and repair of structural
components, including the roof, soft, stucco; and the CHAMBER shall make any and all other normal maintenance
and repairs to said premises, being plumbing, heating, electrical, air conditioning, windows, signage, etc. The CITY
will pay for or perform regular lawn service, not to include landscape maintenance and installation.
MAY 7, 2013 - REGULAR MEETING - PAGE 5 OF 6
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
VIII. NEW BUSINESS CONTINUED,
D. Consider a request to assist in payment of installing new windows in
The City shall maintain the parking lot. The CHAMBER will, at the end of this lease, surrender and deliver up the
the Chamber of Commerce building continued.
premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident,
ordinary wear and decay only excepted." Administrator Whitehall reported that two windows where damaged from
recent thunder storms, and need to be replaced immediately. The Chamber has had all the windows inspected and
all appear to need to be replaced. In Exhibit Four are two proposals from Batton Consulting Services, LLC, to replace
the 22 windows. One proposal is for $16,720.00, consisting of 22 single hung colonial style with single pane impact
resistant glass windows and installation. The other is for $18,502.00, consisting of 22 insulated impact resistant glass
windows and installation.
Chamber President, Mr, Terry Burroughs, explained that the Chamber Board requested he make this presentation as
they viewed this to be over and above what the lease mentions for normal maintenance and repairs of the building.
Discussion ensued regarding the fastest method of getting the windows repaired, that hurricane season was
approaching, and whether some of the windows could be eliminated. The City is leasing the commercial building in
a prime location without compensation, and this is not a budgeted item, therefore it would need to be paid from the
reserves, by budget amendment into the General Services Capital Improvement Projects Fund. Council Member
Maxwell suggested the City be able to weigh in on the architectural approach of the windows, and that any modification
should match the overall concept of the City's buildings. There could be other considerations regarding the windows,
how they were replaced, a broader cost range, and he would like to see more options, including what might need to
be repaired on the inside of the building.
Council Member Watford made a motion that the City offer to pay for the costs, not to exceed one-half, of the
window replacements for all 22 windows with a single hung colonial style insulated impact resistant glass (as
submitted in the quote from Batton Consulting Services, LLC); seconded by Council Member Williams.
Council Member Watford clarified he was offering a compromise to the situation, since the City is leasing the building
for zero rent, and by the Chamber handling the repairs, they would be able to accomplish getting the job done faster.
Council Member Maxwell noted a different view in that the City should accept responsibility and handle it with the
standard construction bidding procedures as means to control the price better, that it is the City's building and should
be approached as any other asset.
VOTE
KIRK - YEA MAXWELL - NO O'CONNOR - NO
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
55
56 MAY 7, 2013 - REGULAR MEETING - PAGE 6 OF 6
11 AGENDA III COUNCIL. ACTION - DISCUSSION - VOTE II
Vlll. NEW BUSINESS CONTINUED.
E. Discuss Stammer Meeting Schedule - City Clerk (Exhibit 5).
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: tl James E. Kirk, Mayor
r
�_
L-an� Gamiotea, C C, City Clerk
Clerk Gamiotea submitted calendars covering from June to August 2013 listing all meetings, holidays, and offering
a staff recommendation to cancel the first Council meetings of each month for this time period.
Council Member Watford moved to approve the 2013 Summer Meeting schedule as presented, (the City
Council will meet on June 18, July 18, and August 20; seconded by Council Member O'Connor.
VOTE
KIRK - YEA MAXWELL -YEA O'CONNOR - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 6:42 p.m. The next
regular scheduled meeting is May 21, 2013, at 6:00 p.m.
NDEPENDENT _
NEWSPAPEI XS
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-. hee�L
in the matter of C
j
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
J/3 --
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..publication in the said newspaper.
..--- ........ ..... .....
___:._.='
----- --- -- ..... __.....
------
Toni Byrd
Sworn to and subscribed before me this
J_ l
y ofr ,`� LI :� AD
---._da-___-._ _
Notary Public, State of Florida at Large
Lk-- I )IlG
(863) 763-3134
M lo� 7, 2cr�
-Agendo.
CITY COUNCIL MEETING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Okee-
chobee will meet in Regular Session on Tuesday May 7 2013 at 6:00
p.m., at City Hall, 55� SE 3rd Ave, Rm 200, Okee&bee, Florida. The public
is invited and encouraged to attend.
PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a
certified court reporter will be made of the foregoing meeting. Accordingly,
any person who may seek to appeal any decision Involving the matters no-
ticed herein will be responsible for making a verbatim record of the testinio-
ny and evidence at said meeting upon which any appeal is to be based.
Please contact City Administration at 863-763-3372, or website
www.cityofokeechobee.com, to obtain a copy of the agenda.
In accordance with the Americans with Disabilities Act (ADA). of 1990 per-
sons needing special accommodation to participate in this proceeding
should contact the City Clerk's Office at 863-763-3372 for assistance.
by: James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
ANGIE BRIDGES
MY COMMISSION # EE 17765.1
EXPIRES: April 20.201f,
Bonded Thru Notary Pubk-, Underwriters
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
CALL TO ORDER - MAYOR: May 7, 2013, City Council Regular Meeting,(6 00 p,m.
OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour;
Pledge of Allegiance led by Mayor.
MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Devin Maxwell
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.,:
Council Member Clayton Williams��
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea t�
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith .—
Public Works Director David Allen
PROCLAMATIONS AND PRESENTATIONS - Mayor.
Proclaim the week of May 5 -11, 2013 as "Municipal Clerks' Week."
7, 2013 PAGE 2 of 3
1T1
W
VII
MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the April 2, 2013 Regular Meeting.
WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2013 Warrant Register. C � �, d d CLe c t,
General Fund $322,292.56
Public Facilities Improvement Fund $ 22,043.41
Community Development Block Grant Fund $ 21,013.75
Capital Improvement Projects Fund -Impact Fee $ 3,240.00
Community Development Block Grant Economic Fund $ 2,173.47
AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. *X-C
Vill. NEW BUSINESS.
A. Motion to adopt proposed Resolution No. 2013-01, supporting "St dents Working Against Tobacco (SWAT) -Candace Pope, Tobacco Prevention Specialist
(Exhibit 1). /i�CU �? 6 ,djC&V nO, — i� a% I /Yls SCIl f
/rim
B. Motion to adopt proposed Resolution No. 2013-02, Construction Agreement with FDOT for the A lebee's turning lane project - lib c�s Director
P P P 9 P 9 P 1
(Exhibit 2). �tQ,c(��2c� 4066, e° �'>C�q,60 Cb 66 �laoc9xe���
/Yx tt�u C�i1I� t� G G c'� Gtla� f ya n a �W e&-¢7%z�ou
,l Consider a Code Enforcem�omplaint - Willia&Oon bit 3).
-
Consider a request to assist in payment of installing new windows in the Chamber of Commerce building - Terry Burroughs (Exhibit 4). .
,
(l/a
Mav 7, 2013 PAGE 3 of 3
VIII. NEW BUSINESS CONTINUED
E. Discuss Summer Meeting Schedule - City Clerk (Exhibit 5)
IX. ADJOURN MEETING. � . q�
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.
%W
*40 QD
%W %W
4
n
Office of the Mayor
1'
. ,. Okeechobee, Florida..
WHEREAS, the Office of theMunicipal Clerk, a time honored and vital part of local government
exists throughout the world; and
WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, the Office of the Municipal Clerk provides theprofessional link between the citizens,
the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
the Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of their state, province, county and international
professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the
Municipal Clerk.
NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby 1
proclaim May 5 through May 11, 2013, as "MUNICIPAL CLERKS WEEK, " a ndfurther
extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks
for the vital services they perform and their exemplary dedication to the communities they
represent.
In witness whereof? have hereunto set my
hand and caused this seal to be affixed.
Ja es E. Kirk, Mayor
1
Attest: f '
Lane Gamio ea, CMC, City Clerk i� '
Exhibit 1
May 7, 2013
RESOLUTION NO. 2013-01
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA; SUPPORTING INITIATIVES LIMITING YOUTH
ACCESS TO ALL FORMS OF CANDY OR FRUIT
FLAVORED TOBACCO AND NICOTINE PRODUCTS AND
RECOGNIZING THE EFFORTS OF THE TOBACCO FREE
PARTNERSHIP OF OKEECHOBEE ORGANIZATION AND
ITS YOUTH SUPPORT GROUP "STUDENTS WORKING
AGAINST TOBACCO" REFERED TO AS "SWAT"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, tobacco use is the number one cause of preventable death in the United
States, and almost 90 percent of tobacco users started before they were 18 years
old; and
WHEREAS, an estimated one-third of adolescent experimentation with smoking can be
directly attributed to tobacco advertising and promotional activities; and
WHEREAS, in Okeechobee County, 27.7 percent of High School youth and 16.4 percent
of Middle School youth reported using a tobacco product in the past 30 days, both
of which are significantly higher than the state average; and
WHEREAS, tobacco companies use youth -oriented colorful and stylish packaging, and
exploit adolescents' attraction to candy flavors with names such as "Mandarin Mint,"
"Winter Warm Toffee," and "Twista Chill"; and
WHEREAS, strong community collaboration can strengthen efforts to address the
influence of tobacco use on our community.
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 that:
SECTION 1. The City Council for the City of Okeechobee, Florida, does hereby
support initiatives limiting youth access to all forms of candy or fruit
flavored tobacco and nicotine products, thereby protecting our youth
from the tobacco industry's predatory marketing influences.
SECTION 2. This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 7" day of May, 2013.
ATTEST:
James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2013-01 Page 1 of 1
� City of Okeechobee SS SE 3rAv Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email. bwhitehalkia cityofokeechobee.com
. F
* * * *Memorandum * * * 7 %
rerb*" A+ N� 1 ,
Date: May 7, 2013
TO: Mayor
C: City Council, City Clerk
FR: Admin Whitehall
RE: Res #2013-01 supporti
flavored tobacco prods
mw(l
limited youth access to candy
At your discretion, there are youth representatives that wish to
address the City Council about the above mentioned Resolution.
After reading/motion and before voting perhaps you could let them
speak.
Thanks!
Melisa Jahner From: Robin Brock <rbrock@cityofokeechobee.com> a,(S 1, zC1l3 ki m&
Sent: Wednesday, April 10, 2013 9:38 AM J� ` EX /
To: Lane Gamiotea� ' 'T
Cc: Brian Whitehall; Melisa Jahner
Subject: FW: Candy flavored tobacco resolution 7
Attachments: CFT City of Okeechobee Resolution 2013.docx; Okeechobee.pdf; CFT Resolution Map
3-13-2013.ppt
Good morning, Lane.
Please see the attached draft resolution submitted by Candace Pope from Tobacco Prevention. She requested it be
placed on the May 7ch agenda for Council approval.
Thank you.
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(cD-cityofokeechobee.com
Website: http://www.cityofokeechobee.com
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
From: cpope@quitdoc.com [mailto:cpopeNuitdoc.com]
Sent: Wednesday, April 10, 2013 9:01 AM
To: rbrock(acityofokeechobee.com
Subject: Candy flavored tobacco resolution
Hi Robin,
Here are the attachments! Thank you!
Best of Health,
Candace Pope I Tobacco Prevention Specialist
Mobile 1863.447.9140
tobacco Floe
t rtnorship
t ok.osnoa county
The Tobacco Free Partnership �f Okeechobee
P O Box 1595, Okeechobee, FL, 34973
Phone 863,447.9140
http://www.tfp-okeechobee.orgl
mma 4
and 6durat*9a
Quit Doc Research and Education Foundation
5944 Coral Rid3e Way t; 255, Coral Springs, FL 33076
Phone 1866.355.QUiT
http://www.qdref.orql
City and County Candy Flavored Tobacco Resolutions
SANTA ROSA OKALOOSA HOLMES JACKSON
FS
O9
yB WALTON
9
WASHINGTON GADSDEN
CALHOUN LEON
JEFFERSON
HAMILTON
MADtSCN
City Resolutions:
BAY
LIBERTY
WAKULLA
SUWANNEE
G BAKER
2
Alachua: Gainesville
TAYLOR (qq
UNION
Bay: Callaway, Lynn Haven,
GULF FRANKLIN
�TTF
BRADFOR
Panama City, Springfield
Brevard: West Melbourne
Marion: Ocala
GILCHRIST ALACHUA
Broward: Coconut Creek, Lauderhill,
Martin: Stuart
DIXIE
Pembroke Pines, Cooper City, Lauderdale
Miami -Dade: El Portal, Hialeah,
County Resolutions:
Lakes, Deerfield Beach, Fort Lauderdale,
Miami Beach, Miami Gardens,
Alachua
Indian River
LEVY
Pompano Beach, Wilton Manors, North
Miami Springs, Opa-Locka
Bradford
Jackson
MA
Lauderdale, Oakland Park, Plantation,
Monroe: Key West, Village of
Brevard
Jefferson
Margate, Davie, West Park
Islamorada, Marathon
Broward
Lake
Clay: Green Cove Springs, Orange Park
Nassau: Fernandina Beach
Calhoun
Leon
CITRUS
Collier: Naples, Everglades City
Okaloosa: Fort Walton Beach,
Clay
Levy
SD
Laurel Hill
M
Columbia: Lake City, Fort White Citrus Madison HERNANOO
Garden
Orange: Winter Gard
Dixie: Cross City Collier Manatee
Duval: Baldwin, Jacksonville Beach, Osceola: Kissimmee, St. Cloud Columbia Martin PASCO
Neptune Beach, Jacksonville, Palm Beach: Bell Glade, Jupiter, Desoto Okeechobee
Atlantic Beach Pahokee, Palm Springs, Riviera Dixie Pasco - HILLSBOROUGH
Escambia: Pensacola Beach, South Bay, West Palm Escambia Pinellas
Franklin: Apalachicola, Carrabella Beach, Palm Beach Gardens, Franklin Polk Lake Park
Gadsden: Havana, Quincy, Gretna, Gadsden Santa Rosa
Midway, Greensboro Pasco: San Antonio Glades Sarasota MANATEE
Pinellas: St. Petersburg
Glades: Moore Haven Polk: Lakeland, Mulberry, Bartow Gulf St. Lucie
Gulf: Wewahitchka, Port Saint Joe Hamilton Taylor
Hamilton: Jennings, White Springs, Putnam: Crescent, Palatka Hardee Union SARASOTAton, Santa Rosa: Gulf Breeze, Milton, Hendry Volusia
Hardee: Wauchula, Zolfo Springs, Jay Hernando Wakulla
Bowling Green Sarasota: North Port, Venice, Hillsborough Walton
Hendry: LaBelle, Clewiston Sarasota Holmes Washington
Hernando: Brooksville Seminole: Lake Mary
Highlands: Sebring, Avon Park, St. Lucie: Port St. Lucie, Both City and County Resolutions:
Lake Placid Fort Pierce Alachua Hendry Polk
Hillsborough: Tampa, Temple Terrace, Sumter: Bushnell, Webster, Brevard Hernando Santa Rosa
Plant City Wildwood Broward Hillsborough Sarasota
Holmes: Bonifay, Esto, Ponce de Leon, Suwannee: Live Oak, Jasper Clay Holmes St. Lucie
Westville Taylor: Perry Collier Indian River Taylor
Indian River: Sebastian Union: Lake Butler Dixie Jackson Union
Jackson: Jacob City, Bascom, Graceville, Volusia: Port Orange, Daytona Escambia Jefferson Volusia
Grand Ridge Beach, DeLand, Deltona, Gadsden Lake Wakulla
Jefferson: Monticello Holly Hill, New Smyrna Beach Glades Madison Walton
Lake: Clermont Wakulla: Sopchoppy Gulf Manatee Washington
Lee: Bonita Springs, Ft. Myers Walton: DeFuniak Springs Franklin Martin
Madison: Madison, Greenville, Lee Washington: Chipley, Ebro, Hamilton Pasco
Manatee: Bradenton Vernon, Wausau, Caryville Hardee Pinellas
NASSAU
DUVAL
CLAY STJOHNS
D
PUTNAM
FLAGLER i
RION \
VOLUSIA
LAKE
TER SEMINOLE
BREVARD
ORANGE
OSCEOLA
POLK
INDIAN RIVER
HARDEE OrFF,
c
hOeFF Sr LUCIE
HIGHLANDS
DESOTO
MARTIN
CHARLOTTE GLADES
D HENDRY PALM BEACH
LEE
BROWARD
COLLIER
MONROE DADE
,a-agQq Updated: March 13, 2013
http://www.FloridaChronicDisease.org Revised 10/2012
HEALTH Okeechobee County: 2012 At a Glance'
Data from the 2012 Florida Youth Tobacco Survey (FYTS)
Middle School
Comparison of Two Rates
Indicator
Okeechobee
otate
95 /o ClC
o
95 /o CI
County
Higher
State
Higher
No
County i
%
Than
Than
Difference
State
County
Lifetime asthma
22.1
(17.8 - 26.4)
20.1
(19.5 - 20.7)
+
Current asthma, among
13.2
(9.4 - 17.0)
12.0
(11.5 - 12.5)
+
all individuals
Asthma attack in past
year, among individuals
20.1
(10.7 - 29.5)
18.1
(16.8 - 19.4)
+
with lifetime asthma
Obese (i.e., at or above
the 95th percentile for
17.7
(13.2 - 22.3)
11.6
(11.0 - 12.1)
+
body mass index, by age
and sex
Overweight (i.e., at or
above the 85`h percentile
but below the 95th
20.7
(15.6 - 25.8)
16.5
(15.8 - 17.2)
+
percentile for body mass
index, by age and sex
Sufficient vigorous
71.3
(66.2 - 76.3)
70.1
(69.2 - 70.9)
+
activity
Sufficient moderate
20.3
(16.3 - 24.3)
24.8
(24.1 - 25.4)
+
activity
Exercised to lose weight
or to keep from gaining
49.4
(43.6 - 55.3)
44.4
(43.6 - 45.2)
+
weight during the past
30 days
Described themselves
as slightly or very
36.9
(31.6 -42.3)
30.2
(29.4 - 30.9)
+
overweight
Never or rarely wore a
seat belt when riding in a
20.8
(16.0 - 25.6)
11.4
(10.8 - 12.0)
+
car driven by someone
else
Rode in a car driven by
someone who had been
27.0
(21.8- 32.2)
17.8
(17.2- 18.5)
+
drinking alcohol during
the past 30 days
Did not go to school on
one or more of the past
5.6
(2.6 - 8.6)
7.8
(7.3 - 8.3)
+
30 days because they
felt unsafe
Purposely hurt
themselves without
13.9
(10.2 17.6)
12.6
(12.0 - 13.2)
+
wanting to die, during
the past 12 months
Felt so sad or hopeless
almost every day for two
weeks or more in a row
that they stopped doing
20.5
(15.5 - 25.5)
19.2
(18.5 - 19.8)
+
some usual activities
during the past 12
months
httpl/www.FloridaChronicDisease.org Revised 10/2012
Mau 7 (3elMoni.,-
http://www.FloridaChronicDisease.org Revised 10/2012
HEALTH
Okeechobee County: 2012 At a Glance ����
Data from the 2012 Florida Youth Tobacco Survey (FYTS)
High School
Comparison of Two Rates
Indicator
Okeechobee
a
95 /o Cl
State
u
95 /e CI
County
Higher
State
Higher
No
County /
%
Than
Than
Difference
State
County
Lifetime asthma
18.8
(15.2 - 22.4)
20.8
(20.2 - 21.5)
+
Current asthma, among
8.2
(5.9 - 10.6)
10.6
(10.1 - 11.1)
+
all individuals
Asthma attack in past
year, among individuals
11.0
(4.7 - 17.2)
16.3
(15.1 - 17.4)
+
with lifetime asthma
Obese (i.e., at or above
the 95th percentile for
16.5
(12.8 - 20.1)
11.1
(10.5 - 11.6)
+
body mass index, by age
and sex
Overweight (i.e., at or
above the 851h percentile
but below the 95th
17.6
(115 - 21.7)
14.3
(13.7 - 14.9)
+
percentile for body mass
index, by age and sex
Sufficient vigorous
64.3
(59.6 - 69.0)
62.7
(62.0 - 63.5)
+
activity
Sufficient moderate
25.1
(21.1 - 29.0)
26.1
(25.4 - 26.7)
+
activity
Exercised to lose weight
or to keep from gaining
46.1
(41.9 - 50.3)
42.3
(41.5 - 43.1)
+
weight during the past
30 days
Described themselves
as slightly or very
37.1
(33.4 - 40.7)
29.8
(29.0 - 30.5)
+
overweight
Never or rarely wore a
seat belt when riding in a
18.9
(15.1 - 22.6)
11.2
(10.5 - 11.8)
+
car driven by someone
else
Rode in a car driven by
someone who had been
drinking alcohol during
30.1
(25.4 - 34.7)
23.1
(22.4 - 23.8)
+
the past 30 days
Did not go to school on
one or more of the past
6.7
(4.4 - 8.9)
6.9
(6.4 - 7.3)
+
30 days because they
felt unsafe
Purposely hurt
themselves without
wanting to die, during
15.2
(11.9 - 18.6)
12.7
(12.1 - 13.2)
+
the past 12 months
Felt so sad or hopeless
almost every day for two
weeks or more in a row
that they stopped doing
24.4
(20.7 - 28.1)
24.5
(23.8 - 25.2)
+
some usual activities
during the past 12
months
http://www.FloridaChronicDisease.org Revised 10/2012
http://www.FloridaChronicDisease.org Revised 10/2012
4
HEALTH Okeechobee County: 2012 At a Glance "a
Data from the 2012 Florida Youth Tobacco Survey (FYTS)
Youth (Ages 11-17)
Comparison of Two Rates
Indicator
Okeechobee
95%tate
ClCI
oigher
950,46 ClC
County
State
Higher
No
County i
%
Than
Than
Difference
State
County
Lifetime asthma
20.2
(17.3 - 23.2)
20.5
(20.1 - 21.0)
+
Current asthma, among
10.6
(8.3 - 13.0)
11.3
(11.0 - 11.7)
+
all individuals
Asthma attack in past
year, among individuals
15.3
(9.5 - 21.2)
16.9
(16.0 - 17.8)
+
with lifetime asthma
Obese (i.e., at or above
the 95th percentile for
16.7
(13.7 - 19.8)
11.1
(10.7 - 11.5)
+
body mass index, by age
and sex
Overweight (i.e., at or
above the 851h percentile
but below the 95th
19.2
(15.9 - 22.5)
15.4
(15.0 - 15.9)
+
percentile for body mass
index, by age and sex
Sufficient vigorous
68.5
(65.1 - 71.9)
66.5
(65.9 - 67.1)
+
activity
Sufficient moderate
22.8
(20.0 - 25.6)
25.3
(24.8 - 25.8)
+
activity
Exercised to lose weight
or to keep from gaining
47.6
(43.9 - 51.2)
43.5
(42.9 - 44.1)
+
weight during the past
30 days
Described themselves
as slightly or very
36.6
(33.2 - 39.9)
30.0
(29.5 - 30.6)
+
overweight
Never or rarely wore a
seat belt when riding in a
19.5
(16.4 - 22.7)
10.9
(10.4 - 11.3)
+
car driven by someone
else
Rode in a car driven by
someone who had been
28.1
(24.5 - 31.7)
20.2
(19.7 - 20.7)
+
drinking alcohol during
the past 30 days
Did not go to school on
one or more of the past
5.5
(3.7 - 7.3)
6.9
(6.6 - 7.2)
+
30 days because they
felt unsafe
Purposely hurt
themselves without
14.2
(11.7 - 16.8)
12.4
(12.0 - 12.8)
+
wanting to die, during
the past 12 months
Felt so sad or hopeless
almost every day for two
weeks or more in a row
that they stopped doing
21.8
(18.6 - 24.9)
22.0
(21.5 - 22.5)
+
some usual activities
during the past 12
months
http:Hwww.FloridaChronicDisease.org Revised 10/2012
0
Exhibit 2
RESOLUTION NO. 2013-02 May 7, 2013
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING
THE CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO EXECUTE THE AGREEMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida
Statutes, to enter into an agreement with the Florida Department of Transportation
(FDOT) to improve transportation facilities on the State Highway System; and
WHEREAS, the City of Okeechobee is willing to install turn lanes including resurfacing of
existing lanes on State Road 70 (Park Street) between mile post 10.152 (Southeast
10'h Avenue) and mile post 10.334 (Southeast 13'h Avenue), Okeechobee, Florida;
and
WHEREAS, FDOT requires that the City of Okeechobee adopt a Resolution authorizing
execution of a Construction Agreement.
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 Construction Agreement for this project with the FDOT is approved.
SECTION 2.
That David Allen, Public Works Director, City of Okeechobee is authorized to
execute the Construction Agreement with the FDOT.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Resolution, or
application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or provision and such holding shall not affect the
validity of the remaining portions or applications here.
SECTION 4. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 71h day of May, 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Resolution No. 2013-02 Page 1 of 1
`4W REVISED Exhibit 2—
RESOLUTION NO. 2013-02 May 7 Agenda
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING
A CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR IMPROVEMENTS ON STATE ROAD 70 EAST;
PROVIDING FOR AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE THE AGREEMENT; PROVIDING THAT THIS RESOLUTION
SUPERSEDES PREVIOUSLY ADOPTED RESOLUTION NO. 2012-10;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida
Statutes, to enter into an agreement with the Florida Department of Transportation
(FDOT) to improve transportation facilities on the State Highway System; and
WHEREAS, the City of Okeechobee is proposing to construct improvements to State Road
70 (East North Park Street) between Mile Post 10.152 (Southeast 10th Avenue) and
Mile Post 10.334 (Southeast 13th Avenue), through an awarded Community
Development Block Grant for Economic Development, Contract No. 12DB-OH-07-57-
02-E08; and
WHEREAS, FDOT requires that the City of Okeechobee adopt a Resolution authorizing
execution of a Construction Agreement; and
WHEREAS, this resolution supersedes any and all previous action and agreement either
verbal or written, heretofore in effect between the parties, made with respect to the
matters contained within Resolution No. 2012-10, adopted on October 16, 2012
approving a Construction Agreement with FDOT to improve transportation facilities on
the State Highway System.
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 Construction Agreement with the FDOT to construct certain
improvements to State Road 70 East, Section 91070, beginning at Mile
Post 10.152 to Mile Post 10.334, "Okeechobee SR 70 Turn Lanes,"
including resurfacing existing lanes to the extent set forth in Contract
Plans, "Applebee's Turn Lanes," dated February 20, 2013 by Culpepper
& Terpening, Inc., Okeechobee, Florida is approved.
SECTION 2. That David Allen, Public Works Director, City of Okeechobee is
authorized to execute the Construction Agreement with the FDOT.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application hereof, is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion or
provision and such holding shall not affect the validity of the remaining
portions or applications here.
SECTION 4. This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 7t' day of May. 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
James E. Kirk, Mayor
John R. Cook, City Attorney
Resolution No. 2013-02 Page 1 of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850A4"9
CONSTRUCTION AGREEMENT MAINTENANCE
0OC — 04/12
Page 1 of 4
THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State
of Florida, Department of Transportation, (Address) 4722 Kenilworth Blvd., Sebring, FL 33890
(hereinafter referred to as the "DEPARTMENT") and City of Okeechobee
(Address) 55 SE 3rd Ave:, -Okeechobee, FL 3¢974 (hereinafter referred to as the "Construction Coordinator").
WITNESSETH:
WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to
coordinate the planning, development, and operation of the State Highway System; and
WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property
owner to finance, construct, and improve public transportation facilities; and
WHEREAS, the Construction Coordinator proposes to construct certain improvements to
SR 70 Section 91070 Subsection N/A from Begin MP 10.152 to End MP 10.334
Local Name 0keerho SR 70 Tifrn mes (Applebee'.$)_ located in Okeechobee County (hereinafter
referred to as the "Project"); and
WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make
improvements within the DEPARTMENTS right of way to construct the Project, which will become the property of the
Department upon acceptance of the work.
NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained
herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms
and conditions:
1. The recitals set forth above are specifically incorporated herein by reference and made a part of this
Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the
DEPARTMENTS right of way to perform all activities necessary for the construction of See attached exhibit A scope of
services/special provisions.
2. The Project shall be designed and constructed in accordance with the latest edition of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and
Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the
DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of
Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM")
Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to
submit any construction plans required by the DEPARTMENT for review and approval prior to any work being
commenced. Should any changes to the plans be required during construction of the Project, the Construction
Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT
prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times
and coordinate any work needs of the DEPARTMENT during construction of the project.
3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning
construction within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should
construction be suspended for more than 5 working days.
4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is
required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the
DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property,
and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator
accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Project. Such amount
shall be carried in a minimum amount of not less than N/A and 00/100
Dollars ($ N/A ) for bodily injury or death to any one person or any number of persons in any one
occurrence, and not less than N/A and 00/100 Dollars ($ 9/A )
for property damage, or a combined coverage of not less than N/A
and 00/100 Dollars ($ N/A ). Additionally, the Construction Coordinator shall supply the
DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a
surety authorized to do business in the State of Florida, payable to the DEPARTMENT. The bond and insurance shall
remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the
Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall
*41W taw
51
850-040.89
MAINTENANCE
OGC — 04/12
Page 2 of 4
provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If
the Construction Coordinator is a local governmental entity they will be exempt from these requirements.
5. The Construction Coordinator shall be responsible for monitoring construction operations and the
maintenance of traffic ("MOT') throughout the course of the project in accordance with the latest edition of the
DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of
a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest
version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction
Coordinator that deviates from the DEPARTMENT Design Standards* must be signed and sealed by a professional
engineer. MOT plans will require approval by the DEPARTMENT prior to implementation.
6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and
underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility
conflicts shall be fully resolved directly with the applicable utility.
7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other
agencies or local governmental entities.
8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements
resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to
use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create
or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate
agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of
way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement
including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way.
The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation
concurrency requirements pursuant to chapter 163, Florida Statutes.
9. The Construction Coordinator shall perform all required testing associated with the design and
construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The
DEPARTMENT shall have the right to perform its own independent testing during the course of the Project.
10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules,
regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from
time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida
Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United
States Coast Guard and local governmental entities.
11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the
DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards
removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction
Coordinator shall bear all construction delay costs incurred by the DEPARTMENT.
12. All work and construction shall be completed within days of the date of the last signature affixed to
this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The
DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to
the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction
Coordinator.
13. The Construction Coordinator shall be responsible to maintain and restore all features that might require
relocation within the DEPARTMENT right of way.
14. The Construction Coordinator will be responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
15. Upon completion of construction, the Construction Coordinator will be required to submit to the
DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the
plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but
not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way
and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to
substantially the same condition that existed immediately prior to the commencement of the Project.
16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of
this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The
Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or
such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the
Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the Construction
Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed
after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction
. or. . . yw,
OW-04o-g9
MAINTENANCE
OGC — 04/12
Page 3 of 4
Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct
the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without
DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not
limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall
provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction
Coordinator shall pay the invoice within thirty (30) days of the date of the invoice.
17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S
sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The
DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability
for tort actions as set forth in Section 768.28(5), Florida Statutes.
18. All formal notices, proposed changes and determinations between the parties hereto and those required
by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing
and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information
listed below.
19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of
DEPARTMENT right of way.
20. This Agreement shall be governed by the laws of the State of Florida in terms of. interpretation and
performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance
or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.
21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations
provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his/her
designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or
without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such
delegation shall not release the Construction Coordinator from its obligation to perform this Agreement.
22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or
remedies upon any other person or entity except as expressly provided for herein.
23. This instrument, together with the attached exhibits and documents made part hereof by reference,
contain the entire agreement of the parties and no representations or promises have been made except those that are
specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged
agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any
part hereof, are waived, merged herein and superseded hereby.
24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of
consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same.
25. The failure of either party to insist on one or more occasions on the strict performance or compliance with
any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement
thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce
the same.
26. No term or provision of this Agreement shall be interpreted for or against any party because that party or
that parry's legal representative drafted the provision.
27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or
authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement
shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement
remain enforceable.
28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement.
29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the
DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities,
damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind
whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction
Coordinator, including, without limitation, performance of the Project within the DEPARTMENTS right of way. The term
"liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction
Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or
indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will
be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole
negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The
Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities.
The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of
the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of
850.040-89
MANTENANCE
OGC — 04112
Page 4 of 4
this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the
DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability
under the indemnities granted to the DEPARTMENT in this Agreement
30. Construction Coordinator:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Construction Coordinator during the term of the
contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the
state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the contract
term.
Name
Office No.
David Allen
CONSTRUCTION COORDINATOR CONTACT INFORMATION
Title
Public Works Director
862-763-3372 x225 Cell 561-420-2053 Email d j eu@cityofdgxmh_obee.ccm
Name Brian Whitehall Title City Adadni-stotor
Office No. t ,'j,ah3-'3379 Y912 Cell 863=634=962 Email bj.jhit i1 t3radwegh.eaa
Mail Address 55 SE 3rd Ave.. Okeechobee, FL 34974
IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for.
the purposes herein expressed on the dates indicated below.
CONSTRUCTION COORDINATOR DEPARTMENT OF TRANSPORTATION
By:
David Allen
(Signature) By:
(Print Name)
Public Works Darertpr (Title)
(Date)
Legal Review:
_ (Signature)
(Print Name)
(ritle)
(Date)
14000,
Exhibit 3
May 7, 2013
CITY OF OKEECHOBEE
(863) 763-3372 FAX (863) 763-r686
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TO:
CITY ADMINISTRATORS OFFICE
55 SE 3RD AVENUE
OKEECHOBEE, FLORIDA 34974
NAME: �-1 - Ci
ADDRESS: l(C) w�j5� r ,2t�/,-C-
TELEPHONE: rc_�'� -� 7°� - Ll 'INJ FAX: °
MEETING: REGULAR A'' SPECIAL ❑ WORKSHOP Cl DATE:
PLESE STATE THE ITEM °YOU WISH TO HAVE PLAAE ON THECITY COUNCIL AGENDA:
A-1 _cl� 1�4 L—----------
------- PLEASE STATE W LIAT DEPARTMENT(S) YOU HAVE WORKED W ITH:
'ATE DESIRED ACTION BY T ' E CITY COUN L:
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH
APZLlpABLE DOCUMENTS: _
-
IFAFRESENTATION IS TO BE MADE) PLEASE LIMTi THE TIME TO TEN MINUTES UNLESS OTHERWISE
APPROVED BY THE MAYOR.
SIGNED
April 9, 2013
Members of the Code Enforcement Board
City of Okeechobee, FI.
With due respect for this board's function and the duties of the
code enf orcement off icer, I the undersigned, a tax payer of
Okeechobee City feel that the city residents are not getting the
bang for their buck that it deserves with the way the system is
currently run and there is a real problem with "Who You Are"
when it should be blind to who you are. That is something most of
us will have to live with however we don't have to live with the
waste of time and money without a fight.
Okeechobee's economy is still hurting regardless of the economic
indicators. Residents are scrapping to do what it takes to survive
while many are still losing their property. Just along SW 2nd,
3rd, 4th, 5th & 6th ave's, I have pictures of over 2 dozen code
violations involving people trying to make a living to survive. This
is not one of the coastal cities where you can't park your truck
and your airboat or fly the American Flag. It's a country
atmosophere that sometimes allows you to to keep a horse or a
chicken in the neighboorhood including your swamp buggy.
You're probably wondering where I'm going with this when in
reality I'm ready to lead a revolt. By some standards I am now a
senior citizen, years ago in Jr. High when we questioned our
teachers about the esclating war in Viet Nam, we were told it was
better to stop the spread of communisum over there. I want to
tell the people of Okeechobee, it's time NOT to stop code
enforcement but to tweak their ways of doing things before we
have to revolt against our own local government hopefully before
they break us from wanting to do what is right. Have you tried
to meet the requirements to start a new business with -in the city
lately? I haven't but you know what I'm reffering to if you have.
It's time for the responsible person(s) to stop the code
enforcement off icer justifying a 40 hour week by sending out
certified letters that it's time to mow your grass with a time
consuming thank you note when you comply. It's time to do the
things that have a wide -spread effect on the city instead. What
does it do for the community as a whole to threaten a lot owner
with a vacant lot on a dead end street a $250 a day fine because
of a debatable defition of a commercial trailer 24 foot in length
and a square block of concrete almost buried in the sand. I urge
the public to go look for their self at 1012 SW 6th ave. Thats
why you have me here tonight. By the way when you go look the
oak limbs come from an oak tree in the alley. I will admit it would
be much easier to correct this problem then to stand here
tonight, however I choose the latter.
It's time to go after the pill houses, if for no other reason, it's
against the code, "To run a business without a license". A friend
of mine who has had a valid license to mow yards and has had it
forever and does as much or more free work as anybody for
people that can't afford to pay is randomly stopped as if they're
waiting to catch him with an expired license or charging someone
to cut down a dead orange tree with out a license.
Current economic's sometimes dicates that some individuals have
to cut their grass every 15 days instead of every 7 which is
understandable by a prudent person, however some absentee
owners wait on their time consuming certified letter to even
streach it out more.
Let's get real, go after the real problems, the real eye sores that
bring down our community, go after the absentee owner who
ref uses to sign f or the certi f ied letter and is a little hard to
find.
I don't have a vengeance against code enforcement, they only do
what they are allowed to do at each level. I don't have a problem
with the council, they only do what we allow them to do. I have a
problem with myself and the public for not standing up for what's
right.
In closing I have a recommendation to correct part of the
problem and streamline benefits to the to the community as a
whole.
1. Have the Code Enforcement Officer to conslidate a list of
address's of properties that in his opinion are deemed in violation
of acceptable neighborhood standards without searching for the
name of the legal owner and present them to the board as "New
Business" at the beginning of a scheduled public meeting.
2. Have each member of the board to visit the physical site
described by the address prior to the next scheduled meeting.
3. Have the code enforcement officer due a drive -by with -in 24
hours of each address prior to the next scheduled meeting to
delete appropriate one's from list.
4. Violaters will be determined by majority vote of the board and
the Code Enforcement Officer would then be instructed to
determine legal ownership and the same would be notified of the
violations with a reasonable time period to correct with a
reasonable f ine for failure to correct.
I believe that some adaptation of those four suggestions would
have a wide spread effect and greatly enhance the productivity
of that office which would greatly improve the appearance of our
city. I don't think we as the public want to damage people or
property with a $250 a day fine. Who wants to bid on a property
for any reason that has accumlated 3 years of fines at $250 a
day. What purpose does it serve?
With all the brains in Okeechobee we could come up with an
ordiance in Okeechobee City where the city has the authority to
issue "Grounds Maintenance Certificates" to licensed mowing
contractors who have submitted the lowest bid and best interest
rate on maintaining the individual propertys. They would have to
accept a lien on the property in behalf of the city in lieu of cash
payment. This could be done on an annual basis re-newable to the
lowest bidder each year.
Thank You
William H. Mason
Okeechobee, Fl.
Code V ration /Notice to Appb r Report M-R, -1.cjR
` -.Date of Infraction:�_�
I /
?roperty Owner: �!V ILL J� M k)
Contact Person:
Date Contacted: How Contacted:
Case#
Phone #
6913
Location of Violation:_ /4/ 2 SW 0 &L
Mailing Address: / 0 3 2 S Q� 20+ l9j.E CS k� Cf ,gc2= 3t/975/
Lot(s): Block: 2 % Section:_ is7 de/e/1JW J 7'ziL`?ur
Parcel # 3-2- ' 37 - "23 S -06 2-6 - o 2zt70 - 02-4 G
Violation: #1 Disabled Vehicle #2 Untended Vegetation #3 General Cleaning
#4 Public Nuisance 45 Building Department #6 Public Works
Notes About Violation: Oown- 4a r--A 119"';:_6015 4" JzrJ
Notice of Violation Mailed: f 3 Received
4otice to Appear Mailed: Received
Inspected Finding Notes:
(61Uj-12j-_j A9T7_ : n 5s0
Hand Delivered Posted
Hand Delivered Posted
,ate in Compliance: Pro -Active ✓ Reactive
.OF-Ok 'y✓I"w
cy°m City of Okeechobee
- d Code oFnforcement
-*1915*
October 31, 2012
William H. Mason
1032 SW 201h Avenue
Okeechobee, FL 34974
Re: 1012 SW 6" Avenue
Dear Mr. Mason:
This is a courtesy letter requesting your assistance in reference to the property listed above.
It has come to our attention that disabled and commercial vehicles are being parked on your
property in a residential area (see photo). According to the City of Okeechobee Code of
Ordinances Chapter 54 Section 54-51 parking commercial vehicles in a residential area is
prohibited. In addition, Chapter 30 Section 30-41 states disabled vehicles must be removed
or stored in a completely enclosed building. We are requesting the violations be corrected by
November 15, 2012 so further action will not be necessary. We appreciate your cooperation in
this matter.
Sincerely,
d Sterling
Code Enforcement Officer
(863) 357-1971
55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 357-1971 - Fax: (863) 763-4489
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Okeechobee County Property Appraiser - Map Printed on 2/8/2013 9:09:42 AM Page 1 of
This information, CAMA updated: W12013, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a
determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data
herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the
Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad
valorem assessment purposes.
http://www.okeechobeepa.comIGISIPrint_Map.asp?pjboiibehhjbnligeafcefocnfkfdfefdbblejngbckcicnkcfao... 2/8/2013
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Exhibit 4
May 7, 2013
Batton Consulting Services, LLC
P.O. Box 477
Okeechobee, FL 34973
863-634-7460
embattonC@hotmail.com
Certified Building Contractor Certified Home Inspector
CBC 008329
Proposal
April 8, 2013
Project: Chamber of Commerce of Okeechobee County
Window replacement
HI 412
We propose to furnish labor and material to remove and replace the windows in the
Chamber of Commerce building as follows:
The windows will be single hung colonial style with single pane impact resistant
glass that meets the 2010 Florida Building Code. The frames will be bronze or white,
to be selected by the owner and the glass will be a grey tint. All materials and
fasteners are included for a complete job.
The stucco in the window openings will be patched and painted to match existing as
near as possible. Inside repairs to paneling and drywall other than caulking and
sealing are not included in this bid. Every effort will be made to not damage the
inside
The contractor shall complete permitting procedure. Any cost incurred obtaining
the permit shall be paid by the owner.
Contract price for the above shall be:
22 windows ----------------------------- $760.00 each ---- $16,720.00
Thank you,
Elbert Batton, Managing Member
Batton Consulting Services, LLC
Batton Consulting Services, LLC
P.O. Box 477
Okeechobee, FL 34973
863-634-7460
embattonPhotmail.com
Certified Building Contractor Certified Home Inspector
CBC 008329 HI 412
Proposal
April 8, 2013
Project: Chamber of Commerce of Okeechobee County
Window replacement
We propose to furnish labor and material to remove and replace the windows in the
Chamber of Commerce building as follows:
The windows will be single hung colonial style with insulated impact resistant glass
that meets the 2010 Florida Building Code. The frames will be bronze or white, to be
selected by the owner and the glass will be a grey tint. All materials and fasteners
are included for a complete job.
The stucco in the window openings will be patched and painted to match existing as
near as possible. Inside repairs to paneling and drywall other than caulking and
sealing are not included in this bid. Every effort will be made to not damage the
inside
The contractor shall complete permitting procedure. Any cost incurred obtaining
the permit shall be paid by the owner.
Contract price for the above shall be:
22 windows ----------------------------- $841.00 each ---- $18,502.00
Thank you,
Elbert Batton, Managing Member
Batton Consulting Services, LLC
9
24
16
25
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 Melisa lahner &
Sgt Eddings daughters
wedding
3 4 5 6 7
Recommend Cancelling
this Regular City Council Class of 2013 Graduation
Meeting c
Class of2.013 Baccalaureate
10 11 12 13 14
Code Enforcement Board
Meeting 6,30 pm
FAI.C�,ntw;r,�,a��?r..u.lc;41� L!aw%c`.I;r�;nf'ten�ing�%C}�,-licit
17 18 19 20 21
Regular City Council TRC Meeting 10 AM
Meeting 6 pm Planning Board
Meeting 6 pm
Fathers Day
23 24 25 26 27 28
26
30
27
8
15
Flag Day
22
29
Calendar- UN-1.0-CW
rY
Sunday Monday Tuesday Wednesday Thursday Friday
2 3 4
Recommend Cancelling City Hall Closed
27 this Regular City
Council Meeting
Independence Day
7 8 9 10 11 12
Code Enforcement Board
28 Meeting 6:30 pm
14 15 16 17 18 19
Regular City Council TRC Meeting 10 am
29 Meeting 6 pm Planning Board
Meeting 6 pm
21 22 23 24 25 26
30
28
31
IV ! -ndav C'ci' C
29
011
31
Saturday
6
13
20
27
Cdendar- COM
01�1- -I.-
s
0 x;
UE'
Sunday
31
4
32
18
34
25
35
Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
5
6 7
Pension Boards
Recommend Cancelling
Meetings 5 pm
this Regular City Council
Meeting
12
13 14
Code Enforcement Board
Meeting 630 pm
19
20 21
Regular City Council
Meeting & Possible
Budget Workshop 6 pm
26
27 28
8 9 10
15 16 17
TRC Meeting 10 am
Planning Board
Meeting 6 pm
22 23 24
29 30 31
Labor Day Festival
w-COMCalendar-
Has the economy stabilized enough to begin shifting from `reactive' to the recession, to
`proactive' for long term planning and budgeting?
If not, what is the benchmark for that shift, and when do we reach it based on current
trends/policy?
How can the City establish or improve certain elements of its budget policy, to plan for long-
term projected conditions? (steady, moderate growth? Protracted recession and recovery?)
Should we develop a five-year budget?
Should we refine our five-year capital projects plan?
Including transportation element, to complement planned FDOT projects? (710 ext; 441
South)
`How are we doing?':
Of the services the City is currently providing, are taxpayers satisfied with the level and
quality? (Public Safety; Capital Improvements; Code Enforcement)
Do taxpayers generally desire that additional or new types of services be provided?
Is the level of reserves more than adequate, at 2 years' of general fund operating?
If there is surplus reserves, what are appropriate uses for them?
Should the City increase its spending on capital improvements geared toward:
Quality of life improvements?
Business development?
Revenue generating improvements?
Should the City's existing budgeting process and policies remain unchanged?
The Updates I "'` O_t IXf7til�5
F" k
r� yfrom the City Administrator's Desk
m SS SE 3Yd Av., Okeechobee, FL 34974
1915°" City Council meetingofMa y 7, 2013
• Chamber Bldg windows replacement — Two windows are broken and are
in need of immediate replacement. The Chamber has repaired some of
the other windows (calked etc). The Chamber would like to discuss the
windows w/ the City Council and it's on the Agenda. The lease provision
is as follows:
Prior to occupancy, the structure will be inspected to assure that no major
repairs are necessary. Subsequent to that, the CITY shall be responsible for all
maintenance and repair of structural components, including the roof, soffit,
stucco, and the CHAMBER shall make any and all other normal maintenance
and repairs to said premises, being plumbing, heating, electrical, air conditioning,
windows, signage, etc.
The window estimates are marked as an Exhibit to the Agenda. Both
windows estimates are for impact windows and, while it's not indicated,
the more expensive est is for insulated
• Veterans' Park — I spoke to Dan Fennel about the broken receptacles and
lights at the park and he said they are planning to remove the fixtures.
The electrical costs are too excessive. I mentioned that the newer LED
spot lights are much more cost effective and that perhaps fewer lights
would be appropriate and asking him to advise the City if there was
anything we could do.
Also, Jim Vensel has advised that a group will be working on the
structures on May 7 from approx 8:00 — 3:00.
• Legion Fair — As you are probably aware, the legion had their 2"d Fair of
the year. For your information, I, along w/ Chief smith and chief Davis
have advised the Fair people and the Legion came to the City council
meeting assuring, that the event will not disturb the peace of the area by
dismantling the equipment late at night. The permit indicates no tear down
after 7pm on Sunday. And the lot must be vacated 48 hours after the
event. As of today (Thursday, 96 hours after the event) the ride equipment
is still there and on Sunday, 4/28/13, the tear down started and the city
responded to a complaint near midnight. Hmmmm.
• OUA financials — Rec'd the f/y/e 12 audit and have attached their MDAs
(Management's Discussion & Analysis) for your review. Of course if you
have interest, I have the entire audit in my office.
• Sunshine Review and Tara Minton Rowley Letter to the Editor dated
4/26/13 that I felt impugned about involving the City's transparency and
I've written some comments that are attached hereto.
• Gambling Arcades — attached (w/out copying the 22 page legislation) is a
memo that went to each arcade owner along w/ other restaurants etc
advising them of the interpretation of the law by the State's Atty.
Page 1
517113 Activity Rpt Cont'd
• Taxi service — One of the first issues discussed when I started w/ the City
was Taxicab licensing and now it appears to be a hot topic for the County.
The one legitimately City -licensed taxi service, Runyon Taxi Service,
appeared at a BOCC mtg on 4/11/13 and the Commissioners discussed
the matter but nothing was done. Years ago, I spoke to Jim Threewits
about the inconsistency between the County and the City and it's become
apparent that taxi services have simply circumvented the City licensing
process by `locating' their business outside of the City limits.
Our debate, in 2005, had to do w/ what necessitated City licensing. A taxi
service that picked up customers in the City, dropped them off, or simply
had their business located within the City. The latter was decided upon. I
then relieved the City Council and General Services Dept from the
approval process and handed that matter over to the Licensing Dept w/
Police Dept input.
The City could issue a scaled down, regulatory permit, for those Taxi
businesses located outside of the City, but picking up/dropping off, and by
copying their driver's lic we could legitimize their business and do a
background check and require commercial -type insurance. But the City
then starts to assume some liability/responsibility if the entity isn't
legitimate and we miss something.
Let me know if you feel that this needs readdressed by the City.
• Amtrak - CSX Depot — Councilman Watford and I met w/ Amtrak reps,
Todd Stennis and Anella Popo on 4/24/13. Amtrak still supports the City's
efforts to refurbish the depot and pledged to contact State Legislators to
express same. They indicated that the new kiosk should only strengthen
the City's position and be nothing but compatible. As you recall, CSX had
a contingency that Amtrak had to be a principal in any
restoration/occupancy efforts.
• Rep Cary Pigman's office grand opening is Tue., May 7th at 9:30am.
Would like to advise that Rep Pigman, according to Dale Milita was very
helpful and impressive as a freshman representative in pushing our storm
sewer (canal cleaning) funding this past month.
• Two grant requests submitted to the Legislators — One for the Commerce
park for continued lake maintenance and the other for "storm water
retrofit" (essentially canal cleanup). The City submitted these last year
and both made it to the governor's veto pen. After much work, the canal
cleanup application ($250,000 w/ City match up to $125,000) has survived
both Houses and Conference Committees. The Gov's office has continued
to request additional information (as they did last yr) hopefully w/ a
different outcome.
Page 2
517113 Activity Rpt Cont.., �..►
Building Dept / General Services:
• Planning Board 5/16/13 — We don't quite have the info ready and when we
do, I'll try to send it to you so that you can see what's up. The Board will
be taking on creating a commercial corridor and transitional overlay
area... as we briefly discussed back in 2010 in connection w/ the Comp
Plan Evaluation and Appraisal Report (EAR).
• Delayed TRC mtg for the former Rita Furniture — It appears Dr. Bartels will
be pursuing the alternate parking lot scenario at the May 16 TRC. I met
with Dr. Bartels about the complexities associated w/ converting the former
furniture store to a fitness center. Bill Brisson has composed a staff report for use
at the proposed April TRC meeting. Of course the biggest obstacle is the parking
requirement and Dr. Bartels is suggesting the City consider an alternate lot which
lies directly east of his optical office ... a block away.
City Clerk:
• Summer meeting schedule is on the Agenda.
Finance:
• Activity report from Finance Dept is attached.
• Impact fees — Moratorium on impact fees expires 6/30/13 and the Clerk
pointed out that we need to run it past the Planning Board prior to having
the City Council weigh in. so, we will be adding it to the May 16th Planning
board Agenda and then anticipate an ordinance 1st reading on 5/16 and
passage on 6/18/13. Please advise if you need any information to assist
you in your decision making process.
• BudgebCapital Improvements — Each Dept head has completed a preliminary C/1
listing. We will be using the spreadsheets as part of our budget
preparation/planning but also with the C/1 element of the Comp Plan.
Fire and code Enforcement:
Billy Mason to be on Agenda to file a complaint — See Exhibit 2 to the
Agenda. I'm enclosing what I think precipitated Mr. Mason's remarks in
the exhibit. The enclosure includes a Notice to Appear (2/8/13) and an
initial courtesy letter (10/31/12) along with some pictures of the property
along SW 6th Av.
Public Works:
• SW 21 st Storm Sewer County grant funded project — the project is
complete and here's a summary of the expenses supplied by the County:
Bid 483,892.58
Final cost 481,718.24
County match 120,429.56
City match 60,214.78*
Grant 301,073.90
City match * -original motion was to contribute 50% of the County's match
not to exceed $95,000 so came in less.
Page 3
517113 Activity Rpt Cont'd
End....
SW 11 t" Street 200 block retention area — finally appears to be getting
underway. You may recall it's a CDBG categorized under 'disaster relief —
2008' storm event, Tropical Storm Fay, I believe. There's $25,000 allotted
to the dry retention project, administered by the County and it appears the
advertising will commence 5/5/13 w/ a bid opening date of 6/4/13.
SR 70 (Applebee's) turn lane project — I last reported that the bid docs had
been sent to DEO & FDOT at the end of March. On the Monday prior to
the last scheduled Council meeting I was advised from DOT that the
construction Agreement (and thus the Resolution) would have to be
redone due to a change in the design that was incorporated after the
original submittal... had to do w/ a total overlay of not onl� the turn lanes
but the road surface for edge to edge from 10t" Av to 13t Av. so, the two
documents are on the Agenda.
Park at Taylor creek, SE 7t" St — Have a meeting set up w/ Don Fox, on
6/4/13, 9am, to discuss grant possibilities.
Roundabout replacing signal at SW 51h Av and S Park St — Again, spoke to Bill
Blazak, Culpepper and Terpening and he indicated that the designer has been
out of town but is back and will be working on the draft of how the roundabout
can be installed with an artist's rendition.
Page 4
Okeechobee Utility Authority
Management's Discussion and Analysis
For the Fiscal Year Ended September 30, 2012
Management's discussion -and analysis is intended to provide an objective analysis of Okeechobee,.
Utility Authority's (the "Authority") financial activities for fiscal year ended September 30, 2012. j
The analysis provides summary financial information for the Authority and should be read in
conjunction with the Authority's financial statements.
FINANCIAL HIGHLIGHTS
• The Authority's assets exceeded its liabilities at September 30, 2012, by $43.45 million (net
assets). Of this amount, approximately $7.0 million are unrestricted net assets (Table 1).
• The Authority's total assets decreased by approximately ($1.0) million or (1.03%) from FY2011
(Table 1).
• The Authority's operating revenues decreased to approximately $9.6 million or a (1.156/0)
decrease and operating expenses increased to approximately $8.3 milliori or a (0.37%) increase
from FY2011 (Table 2).
■ Contributed capital revenue increased to approximately $0.1 million; a (92%) decrease from
FY2011 (Table 2).
• The Authority's net utility plant (less accumulated depreciation) decreased by approximately
($1.0) million and construction in progress decreased by ($1.1) million from FY2011 (Table 3).
OVERVIEW OF THE FINANCIAL STATEMENTS
The Authority is a single enterprise fund even though it provides .both water and wastewater services. !
Over time, significant changes in the Authority's net assets serve as a useful indicator of whether its
financial health is improving or deteriorating. To fully assess the financial health of any entity, the
reader must also consider other non -financial factors such as changes in economic conditions,
customer growth, and legislative mandates.
REQUIRED FINANCIAL STATEMENTS
The financial statements report information about the Authority using accounting methods similar to
those used by private business enterprises; mainly, costs of providing goods or services are financed
or recovered primarily through user charges. The accrual basis of accounting is used whereby
revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless
of the timing of related cash flows.
The Statement of Net Assets includes all of the Authority's assets and liabilities, and provides
information about the nature and amounts of investments in resources (assets) and the obligations to
Authority creditors (liabilities). It also provides the basis for computing the rate of return, evaluating
the capital structure of the Authority, and assessing the liquidity and financial flexibility of the
Authority. All of the current year's revenues and expenses are accounted for in the Statement of
Revenues, Expenses, and Changes in Net Assets. This statement measures the success of the
Authority's operations over the past year and can be used to determine whether the Authority has
successfully recovered all its costs through its user fees and other charges. This statement also
measures the Authority's profitability and credit worthiness.
The other required financial statement is the Statement of Cash Flows. The primary purpose of this
statement is to provide information about the Authority's cash receipts and cash payments during the
reporting period. This statement reports cash receipts, cash payments, and net changes in cash
resulting from operations, investing, and financing activities. Answers to questions regarding source
of cash, use of cash, and changes in cash balances during the reporting period may be found in this
report.
The Notes to the Financial Statements provide additional information that is essential to a full
understanding of the data provided in the financial statements.
FINANCIAL ANALYSIS OF THE AUTHORITY AS A WHOLE
The Statement of Net Assets and the Statement of Revenues, Expenses, and Changes in Net Assets
report information about the Authority's activities in a way that will reflect whether the Authority is
improving or deteriorating as a result of the year's activities. These two statements report the net
assets of the Authority and changes in them.. Viewing the Authority's net assets helps one to
determine the financial health or financial position of the Authority. Net assets are the difference
between assets (what is owned) and liabilities (what is owed).
A comparison of the Authority's assets, liabilities, and net assets is as follows (Table 1):
Table 1
Net Assets
FY2012
FY2011
Net Change
Capital Assets
$
69,058,263
$
71,233,357
$
(2,175;094)
(3.05%)
Restricted Assets
11,505,648
10,575,555
930,093
8.79%
Current and Other Assets
8,429,786
8,113,568
316,218
3.90%
Total assets
$
88,993,697
$
89,922,480
$
(928,783)
(1.03%)
Other Liabilities
$
42,257,104
$
44,213,586
$
(1,956,482)
(4.43%)
Liabilities Payable from Restricted Assets
636,066
677,959
(41,892)
(6.18%)
Current Liabilities
2,645,715
2,518,166
127,549
5.07%
Total liabilities
$
46,538,885
$
47,409,711
$
(1,870,826)
(3.95%)
Invested in Capital Assets, Net
$
25,545,888
$
25,833,513
$
(287,626)
(1.11%)
Restricted for Capital Projects
9,904,9.18
9,282,804
622,114
6.70%
Restricted for Rate Stabilization,.-
964,664
641,599
323,065
50.35%
Unrestricted Net Assets
7,039,342
6,754,853
284,489
4.21%
Total Net Assets
$
43,454,812
$
42,512,769
$
942,043
2.22%
Total Liabilities and Net Assets
$
88,993,697
$
89,922,480
$
(928,783)
(1.03%)
2
A comparison of the Authority s income (loss) is as follows (Table 2):
Revenue
Charges for Services
Non Operating Revenue
Total Revenue
Expenses
Operating Expenses
Non Operating Expenses
Total Expenses
Excess Revenue over Expenses
Before Capital Contributions
Capital Contributions
Total change in net assets
Beginning Net Assets
Ending Net Assets
Table 2
Income
FY2012
FY2011
Net Change
$ 9,622,981
$
9,775,499
$
(152,518)
(1.56%)
750,378
801,706
.
(51,328)
(6.40%)
$ 10,373,359
$
10,577,205
$
(203,846)
(1.93%)
$ 8,316,226
$
8,346,784
$
(30,558)
(0.37%)
1,193,441
1,222,633
(29,192)
(2.39%)
$ 9,509,667
$
9,569,417
$
(59,751)
(0.62%)
$ 863,692
$
1,007,788
$
(144,096)
(14.30%)
78,351
1,038,843
(960,492)
(92.46%)
$ 942,043
$
2,046,631
$
(1,104,588).
(53.97%)
$ 42,512,769
$
40,466,138
$
2,046,631
5.06%
$ 43,454,812
$
42,512,769
$
942,043
2.22%
CAPITAL ASSETS AND DEBT ADMINISTRATION
Capitaf Assets
At the end of fiscal year 2012, the Authority had $69,058,263 invested in a broad range of utility
capital assets including land, ground water plant, surface water plant, water main system, wastewater
plant, lift stations, sanitary sewer system, and force mains.
The Authority's total capital assets decreased from last year by approximately ($2.2) million as
reflected in the following table (Table 3):
Table 3
Changes in Capital Assets
Increase
FY2012
FY2011
(Decrease)
Land and Easements
$
2,692,663
$ 2,697,451
$ (4,788)
Buildings
669,552
669,552
0
Equipment r
2,995,577
2,991,303
4,274
Distribution and Collection Plant
87,015,834
85,535,263
1,480,571
$
93,373,626
$ 91,893,569
$ 1,480,057
Less: Accumulated Depreciation
(26,001,263)
(23,490,365)
(2,510,898)
$
67,372,363
$ 68,403,204
$ (1,030,841)
Construction in Progress
1,685,900
2,830,153
(1,144,253)
$
69,058,263
$ 71,233,357
$ (2,175,094)
G'
The Authority plans each year for capital improvement projects; some that may be completed within
the fiscal year and some projects that extend over a longer period of time.
Table 4 below reflects the major additions that are ongoing as of September 30, 2012.
Table 4
Capital Improvement Projects Ongoing
(Dollars in Thousands)
Treasure Island Vacuum SS (South) $ 436,965
Treasure Island Vacuum SS (North) 224,150
Treasure Island WM Improvement 68,723
Eastside Force Main 882,940
Vacuum Station #1 Rehabilitation 54,088
System -wide WM Replacements 19,034
Total Ongoing CIP Projects $1,685,900
Since many of the projects rehabilitate deteriorating lines in the older sections of the Authority's
service area, the impact on operating and maintenance expenses is' expected to be favorable. See
Notes to the Financial Statements (Note 6) for additional information related to capital assets.
Debt Administration
See Notes to the Financial Statements (Note 7). for additional information related to revenue bonds
and notes payable.
CURRENT ECONOMIC FACTORS AND ASSESSMENT OF GROWTH
Since the creation of the Authority in 1994, the net increase in new customer accounts had been
steadily averaging approximately 1.5% per year. In the most recent fiscal year ended September 30,
2012, capital connection charge revenue for 20 water and 12 wastewater equivalent residential
connections - (ERC's) was received. Additionally, in FY 2012, 80 previously established water
customer accounts and 27 wastewater customer accounts were provisionally terminated primarily due
to foreclosure type situations. As a result, there was a net decrease of 60 water customer accounts and
a net decrease of 15 wastewater customer accounts. In the FY 2013 annual budget, the Authority has
projected a net growth rate at of 0.25%. Given the challenges of the current economic environment,
this modest growth rate is expected to be realized from general infill in the existing developed
sections of the Authority's service area rather than through previously planed new developments.
LO
During the most recent real estate expansion period that affected both Atlantic and Gulf coastal
Florida areas, rural central areas did not experience the same rate of growth. Additionally, since those
coastal areas are approaching their maximum build out levels, future growth, when the housing
market stabilizes, is anticipated to have a higher impact on more central underdeveloped rural areas
such as Okeechobee.
The City of Okeechobee ' sixty miles rom the Atlantic coast and is on a main east /west access
highway, State Road 70 and tate oad 710. As such, the Okeechobee Utility Authority's service
area is within a commutable range of the Atlantic coast and all that is offered there. Many developers
who, historically had focused their activities in the Atlantic coastal areas of Palm Beach and Saint
Lucie Counties, have purchased property within the Authority's service area with the intention of
creating future developments similar to or more modest than those which they have developed on the
coast. Developments that were originally planed continue to be on hold until a more favorable
economic environment emerges.
The Authority's current water treatment plant with six million gallon per day (6mgd) of total
treatment capacity can accommodate approximately fifteen thousand (15,000) additional residential
water customers over its existing customer base of approximately nine thousand three hundred 0�
(9,300). The Authority's expanded wastewater treatment plant with three million gallons per day
(3mgd) of total treatment capacity is able to accommodate approximately eight thousand (8,000)
additional wastewater customers over its existing customer base of approximately four thousand four
hundred (4,400). In the near -term projection of five years, this available capacity is more than
adequate to accommodate the projected level of customer growth. .
This financial report is designed to provide a general overview of the Okeechobee Utility Authority's
finances for all those with an interest in the Authority's finances. Questions concerning any of the
information provided in this report or requests for additional information should be addressed to
Basil J. Coule, CPA, Finance Director, 100 SW 50' Avenue, Okeechobee, Florida, 34974-4221.
Complete financial statements for the OUA may be obtained at the Main Office of the Authority.
7
City of Okeechobee 1 55 SE 3rd Av Okeechob e FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a�cityofokeechobee com
F" k
r"
* * *Memorandum
� 7916 b�
Date: for May 7, 2013
TO: Mayor & City Council
FR: Admin Whitehall
RE: Sunshine Review and the Economic Council
Via Tara Minton Rowley's Letter to the Editor
To the Okeechobee News
Sunshine Review and Tara Minton Rowley Letter to the Editor — Tara
congratulated the County on receiving the `Sunny Award' for their "transparency"
according to an organization called Sunshine Review:
IION April 26, 2013
Letters to the editor
Sunny award
The Economic Council of Okeechobee
congratulates Okeechobee County on their
recent Sunny Award for their "A+" website
transparency rating! The county earned this
award by meeting all the requirements for
transparency as noted by'the Sunshine Re-
view, a nonprofit organization dedicated to
state and local government transparency.
Bringing more transparency to govern-
ment spending and putting it online for ev-
ery resident to see holds government lead-
ers accountable; builds confidence in local
government, and advances our commu-
nity's potential for growth. We applaud the
commitment of the county commissioners
and county staff in recent years to improve
their website by increasing the valuable in-
formation available to the public, including
investors who may be researching our com-
munity.
The county has set the bar high and
we encourage the City of Okeechobee,
Okeechobee Utility Authority, and Okeecho-
bee County School District to also commit
to improving their transparency and strive
to achieve a Sunny Award of their own. The
taxpayers have a right to know how their
money is being spent, a responsibility of
local government that has become much
easier and less costly to deliver with the ad-
vancement of modern technol6gies.
Congratulations again to 'Okeechobee
County on their Sunny Award!
Sincerely,
Tara Minton Rowley
Executive Director
I'm not taking anything away from the County's efforts to comply w/ this
organization's grading system but am impugned by the remarks in the article that
imply that the City is anything but transparent.
Page 2 of 2 to Mayor/City Council for 517113 Sunshine Review comments
a. Yes, we haven't made the investment that the County has to stream
live coverage of the Council Meetings and the consensus is that the
City is not going to `share' the County's facility to d -
b. Here's a list of ALL the FL communities listed in thkSunshine Review
web site (credible, huh?):
Jacksonville, Miami, Okeechobee, Orlando, St Petersburg,
Tallahassee, Tampa, Oakland Park, Naples, and Wellington
c. They have good vs. bad remarks about Okeechobee. I'm dispensing
w/ the good and here's the "bad"
1. "budget archive only has one previous budget" INCORRECT (we've
had 3 years listed there for years)
2. "Individual email addresses are not listed for each Councilperson"
INCORRECT (we had a general email acct for Councilman
(citycouncil@cityof... but recently (several weeks ago) changed to
individual acct names that are forwarded to Robin.
3. "only 2 years of audits are posted" INCORRECT, have 4 years
(require 3 accord to them), albeit the City only had 2 years posted
until recently thinking it was adequate... but apparently that is not
transparent enough.
4. "no information is supplied on taxpayer funded lobbying"
INCORRECT (We've had CAS, along w/ FL Leag, Treasure Coast
Regional League, and Treas Coast Council of Local Governments
listed, and that is all we can think that even might be construed as
providing lobbying efforts. In fact, a cpl of years ago, CAS
expressed indigestion about actually including their pdf contract on
our web site, noting that no one does that. I think Sunshine is used
to the Orlando -type cities that spend hundreds of thousands on
lobbying and the City must be hiding something ... I can only guess
at that.
5. The last one listed - "vendor contracts are not posted" — agreed,
while they are certainly avail to the public they aren't on the site and
apparently that gets the City a grade of C-...whatever!
That's it! The City was originally given a D-, I believe, after Tara decided to fill out
the information apparently incompletely and without City input. I contacted Tara
with our dissatisfaction and I met w/ Hoot Worley, Economic Council Chair at the
time, to discuss our concerns.
The City's grade was raised to a C- after Robbie Chartier, who knows the
contact, having dealt with them on numerous occasions, contacted them and
corrected some of their observations. Why don't we fix the report? We've made
efforts to correct the information but Sunshine Review, being the reputable web
site that they are, won't recognize our corrections. And, quite frankly, the City has
never'provided' any input to Sunshine Review other than attempting to correct
those prior mistakes. Predicated on the above, I question their legitimacy
anyway. Sorry for the editorializing!
j�-3
Page 2
of Okeechobee
OL
Police r�Y4
epartment
April 29, 2013
Dear Caf6/Arcade Owner/Operator:
I am providing you this notice as a courtesy. As you are likely aware, the
Governor sighed HB 155 into law on April 10, 2013, which law became effective
immediately. This law further regulates, clarifies and, in some instances, makes
illegal, the operations of certain types of entertainment venues commonly
referred to as "internet cafes" and "adult arcades." A copy of this law is
attached for your convenience.
This notice shall serve to advise you that the Police Department will begin active
enforcement of the law beginning May 15, 2013. Nonetheless, be advised that
those operations and activities prohibited by HB 155 are illegal as of April 10,
2013, and the Police Department is not the only law enforcement agency with
authority to enforce the law.
Should you have any questions, you can contact your own legal counsel to
advise you should you desire to continue operations with this arena.
Respectfully,
Dennis Wayne Davis
Chief of Police
50 S.E. Second Avenue 0 Okeechobee, Florida 34974 9 863/763-5521 ® Fax: 863/763-7804
On April 10, 2013, Governor Rick Scott signed into law CS/HB 155 (Chapter 2013-
2, Laws of Florida).
This legislation reaffirms that Internet Cafe & Sweepstakes adult arcades are not
exempted by exceptions in the gambling laws for charitable or nonprofit
organizations, laws permitting certain game promotions or sweepstakes, and/or
laws authorizing skill -based games at arcade amusement centers.
Internet Cafe & Sweepstakes adult arcade business operators and employees
have been, and continue to be, criminally charged under Florida gambling laws,
Chapter 849, Florida Statutes, as well as criminal laws against racketeering and
money laundering.
F.S. 849.01 - Individuals who own, operate, or oversee a house or other
place for unlawful gaming or gambling are guilty of a third degree felony.
F.S. 849.02 - Agents or employees of such establishments are also guilty
of a third degree felony.
• F.S. 849.233 - Unlawful possession of gambling devices, to include
unlawful slot machines, is a misdemeanor.
F.S. 849.08 - Individuals who engage in unlawful gambling activities are
guilty of a misdemeanor.
F.S. 849.01 - Individuals who own, operate, or
oversee a house or other place for unlawful
gaming or gambling are guilty of a third degree
felony.
F.S. 849.02 -Agents or employees of such
establishments are also guilty of a third degree
felony.
F.S. 849.233 - Unlawful possession of gambling
devices, to include unlawful slot machines, is a
misdemeanor.
F.S. 849.08 - Individuals who engage in unlawful
gambling activities are guilty of a misdemeanor.
MEMO
April 9th, 2013
To: Brian Whitehall, Administrator
From: India Riedel, Finance
Re: Activity Report, April 2013
Business Tax Receipts
Information regarding our renewal and renewal process dates for the BTR's.
Out of the 1170 Renewal Notices which were sent out in July, 985 had paid as of
04/09/2013, and 21 businesses notified us of closure.
Mid Year numbers for new/closed Business Tax Receipts:
New Closed
10/01/11 — 3/31/12 39 28
10/01/12 — 3/31/13 41 21
Budget & Finances
Currently at 88.08% of budgeted amounts. I am happy to report YTD dollars receipted is
$74,000 more than last year as of this date.
Franchise Fees on solid waste is down by 17%, ($5100), however the Franchise Fees for
electric also decreased by 3% YTD or ($4200).
Year to Date revenues for our One Cent is 0% change, with the Half Cent revenue line
item showing a 2% Increase YTD.
C:\Users\Brian\Desktop\ADMINISTRATOR\Staff Activity Reports\Finance\Apr 2013
Report.doc Page 1 4/11/2013
Page 2 of 3 —April 2013 Finance Activity Report
Charges for Current Services have a total decrease of 14%. Building Permits and Fees is
just one of the categories within the sub category of revenues, which decreased 43%
($22,000).
Overall receipted revenues within the Public Facility Fund are 4% less than prior year to
date dollars ($10,800). Again I attribute the usage of fuel as to the reason for the
decrease, as the tax is per gallon not gross receipts. Continue to closely review this each
month.
General Fund Expenditures YTD are up approx. I % for various reasons, payroll, health
insurance cost increase, and some repair and maintenance items expended this first part
of the year. The total dollars expended are as expected and budgeted thus far.
Police Dept continues to show a decrease in their Officer Overtime and Regular
Overtime, as well as the Dispatch OT within the Fire dept. budget. They should be
commended for same.
Grants and proiects from a Financial perspective:
The annual JAG2013 grant for ballistic vest for the Police Dept. was approved by FDLE
in the amount of $2,202. Per the Police Dept these items have been ordered.
CDBG H08 - Housing Rehabilitation Grant continues, Contractors are submitting bills as
work is completed and being paid timely. Reimbursements of funds are being made as
well.
Turn Lane — (Applebee's) Engineering cost but no construction cost have been disbursed.
We had an onsite monitoring for both grants (Rehab & Applebee's turn Lane)
suggestions were made to set up a different Accounting Fund, and Council approved
same on April 2°a
i
PayroU
All W-4 (2013) forms as well as the employee information sheet were received and
finance has updated all the information for same.
~ N We have 4 individuals who still are issued a `paper' paycheck, all others are Direct
Deposit. Our goal is to have 100% of our employees on direct deposit, and have paper
checks for backup only.
C:\Users\Brian\Desktop\ADMINISTRATOR\Staff Activity Reports\Finance\Apr 2013
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Page 3 of 3 — April 2013 Finance Activity Report
Insurance
Health Insurance as well as Property & Casualty insurance cost should be received end of
May or Is` of June. Based on the P&C market as well as our claims for the Health
Insurance, I anticipate an increase in both lines of coverage. Will keep you posted as
information is available.
We still have one employee out of work based on a severe leg injury. Arthur J. Gallaher
& Assoc. as well as the City are staying in touch with the employee to make sure all his
needs are being met. We do not have an anticipated return to work date, however they
have specific target dates they have projected and are working towards.
2012 FY Audit:
Pension Actuary & Audited Financials were just received last week. All were forwarded
to our Auditors, Carr, Riggs & Assoc. for their review and incorporation within our
financials. We anticipate our final audit to be presented at the May meeting.
SBA & BankinE
As SBA continues to release monies from freeze, those monies are transferred to the
respective fund local bank accounts. As indicated at fiscal yearend, monies within SBA
which were frozen have actually increased from the initial statement of losses. We have
still not been made whole; however, SBA continues to maximize the present value of
distributions to participants, in an effort to return originally deposited principal.
C:\Users\Brian\Desktop\ADMINISTRATOR\Staff Activity Reports\Finance\Apr 2013
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Florida League of Cities
Ceder for Municipal
Research• iF Innovation
•✓
The Center for Municipal Research and Innovation was created in 2011 to
serve as the central source of local government research and resources
at the Florida League of Cities.
Over the past two years, the center has compiled and collected research and
statistics on key issues related to municipal government. One of the ways
this data is collected is through an annual CityStats Survey, which has been
administered electronically to all 410 municipalities in Florida. Begun in 2011,
the survey consists of 48 questions on municipal operations, budgets, policies
and services.
Based on the results from the 2012 CityStats Survey, this publication provides
an overview of the current state of Florida cities and how they have changed
over the past year.
In Florida, a city, town or village is a municipal government. There is no legal
difference between the three. In this document, the words municipality and city
are used interchangeably.
N
M
Respondents
In 2012, Florida's population totaled 19,074,434, with just over half, 9,603,954,
residing in an incorporated area (city, town or village) and 9,470,480 residing
in the unincorporated area of a county.
CityStats Surveys were collected from 337 of Florida's 410 municipalities. With this
82 percent participation rate, approximately 70.5 percent of Florida's total municipal
population was accounted for in the 2012 survey. A copy of the full survey and the
list of respondents are available upon request. Individual municipal profiles and the
League's "Find a Peer City" database are available for viewing on our website at
www.floridaleagueofcities.com/ResearchMateria/`aspx.
v.o
Employment and Economy...
The economies of Florida's cities have been hit hard by
unemployment and the beleaguered real estate market
over the past few years. However, recent studies by the
National League of Cities and the Florida Office of Economic
and Demographic Research indicate a recovery of both
the national and state economies is well under way. On the
national level, municipalities have reported improvement in
several areas, including the number of new building permits,
the number of business permits, the health of the retail sector
and unemployment rates. Florida has also seen improvements
in employment and economic indicators. During the past five
years, Florida's unemployment rate has remained lower than
the national average, and in 2011, the state's economic growth
was positive for the second consecutive year after declining
the previous two years.
Total full-time municipal
employees in the state:
7 2A11
Total part-time employees:
12,231
Net increase in
municipal employees:
5,597
National Comparison:
Cities across the nation
are faced- with budget
shortfalls and many have
been: forced to cut posi-
tions to reduce person-
nel costs. According to
data released by the U.S.
Bureau of Labor Statis-
tics in August 2012, total
local government employ-
ment has decreased by
approximately 650,000
jobs since levels peaked
in 2008.
Did You Know?
The average municipality
in Florida is currently 78
percent developed and
more than one-third are
over 90 percent developed
(built -out).
*The difference between employees hired, 6,327, and filled positions eliminated, 1,240.
Source: Data from CityStat Survey responses (82 percent of Florida municipalities).
4
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n
Based on the employment levels
of municipalities from 2011 to 2012,
there is a slight improvement in the
financial state of Florida's cities.
The number of eliminated positions
decreased 50 percent in reporting
cities during that time period, and
respondents reported hiring a
statewide total of 6,637 municipal
employees during 2010-2011.
The average number of full-time
employees varies greatly depending
on the city's population, as shown on
the top right chart.
Respondents also reported an
increase in the number of police
officers and firefighters within
their cities.
In an effort to increase economic
development, many municipalities
are offering economic development
incentives to attract new companies
in their area. More than half of
the reporting municipalities (56
percent) provide some type of
economic development incentive.
The most common incentive offered
is expedited permitting, followed
by favorable land -development
regulations.
Source: Data from CityStat Survey responses
(82 percent of Florida municipalities).
... The Breakdown
TIME
M U NI C IP ,ES BY P
Greater
Between
Between Between
Between Less
than
60,000-
20,000- In nnn
r Inn, n than
120,000:
120,000:
60,000:
10,00 : 51000:
1,915
833
326
, 17
43.82%
Job
incentives
14.84%
Other
2012
incentives
17.21
fi* .,al
Tax breaks/
`°" W'
tax incentives
Favorable
Favorable
19■8`/O
land
development
regulations
24.33%
y Expedited
permitting
35.01 %
5
**Ave
Budgets...
Did You Know?
Florida is one of the largest and most diverse states in the nation,
52 percent of
both in population and geography. Each of the Sunshine State's
municipalities
cities, towns and villages vary in size, location and needs. As such,
have a written
each municipality in Florida develops its own customized budget to
policy on budget -
fit the unique needs of its residents.
ing for reserves.
M.
MIMM-SIM40vn,
The most recent survey results indicate that from 2011 to 2012, the average budget size
increased for large and small cities and decreased for medium -size cities. An increase or
decrease in budget size is largely affected by the flucuation of available revenue sources. If
revenue sources such as ad -valorem taxes, state funding, and/or fees generated by municipal
services decrease, a city may be forced to make budget cuts. An increase for both small and
large municipalities may be a sign that revenues are beginning to increase after the significant
economic downturn that began in 2008.
The survey also shows many municipalities preparing for financial emergencies by budgeting
for reserves. Approximately 52 percent of cities have adopted a written policy on budgeting for
reserves. These policies ensure a municipality is saving a certain amount of money each year,
and with a defined policy in place, administrations are able to budget equal amounts each year.
There are many different types of reserves a municipality can utilize — the two most common are
restricted and unrestricted reserves. Restricted reserves are designated for a predetermined
purpose, while unrestricted reserves are typically held in a general multi -use fund. Specific
reserve funds can also be created for certain departments or projects, such as a utility reserve.
A utility reserve fund is money set aside for a specific utility, such as water or waste water, to
be available in the case of a utility budget shortfall in future years.
2012
Greater than 60,000: Greater than 60,000:
$113,5039624 $129, 7 7 2,919
Between 20,000-60,000: Between 20,000-60,000:
$39.17199490 $33,182.1125
Less than 20,000: Less than 20,000:
$6,67 9,017 $8,836,818
Source: Data from CityStat Survey responses (82 percent of Florida municipalities).
National Comparison:
Florida isn't the only state
facing budget challenges
at the local level. With
economic conditions
making balancing a
city budget even more
challenging in recent
years, reserves, or
"ending balances," have
been increasingly utilized
to fill the gap. Research
from the National League
of Cities shows a 25
percent decrease in city
budget reserves over the
past four years.
7
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../
istorically, Florida's municipalities have provided a
number of services to their residents, depending
on the size, geography, and needs of the city, town or
village. Most cities provide police, fire services, water
utilities, sewer utilities, parks, recreational facilities/
centers, garbage collection, maintenance of sidewalks
and city streets.
Municipalities have faced the challenge of coming up
with ways to provide more services and utilities as their
communities continue to grow. These municipalities
typically provide services in three ways — directly
via city employees, through a contract with another
government entity (such as a county), or through a
contract with a private company.
National Comparison:
While many cities in Florida
are increasing services
provided directly by the
city, there is a trend toward
decreasing services in
general at the national
level. A 2010 survey by the
National League of Cities
reported 52 percent of
cities surveyed will continue
to decrease services if tax
and fee revenues do not
increase.
FLORIDA CITIES WITH THE LARGEST POPULATION INCREASES FROM 2010-2012
Source: Florida Office of Economic and Demographic Research
>tii}iii�lSii}t::ut�i.;!`?'O±�!`t�9; GC3t:C,, f.fdD:iif fJ
8
... The Breakdown
According to the CityStat Survey, the top three services
provided directly by cities are parks, police and fire.
From 2011 to 2012, Florida municipalities reported a decrease
in the number of services provided by contract.
75.37%
ENNEINOM
8.90% Parks
Police
3.86%
Fire
3.56%
Recreation Center
1.48%
City -run Public Transportation
1.18%
Library
1.1800
Marina
0.89% '`'
Charter School
0.89%
Community Redevelopment Agency
0.59% I
Beach Access
0.59%1
Cemetery
0.301/6
Health Clinic for City Employees
DECREASED FUNDING:
75.07%
8.01
7.72%
6.53%
4.15%
3.86%11
1.78%
0.59% 1
0.59%
0.30%
0.30%
0.0%
0.0%
Police
Recreation Center
Parks
Library
Fire
Community Redevelopment Agency
Beach Access
City -run Public Transportation
Cemetery
Marina
Charter School
Health Clinic for City Employees
Source. Data from CityStat Survey responses (82 percent of Florida municipalities).
"r.r
N"We
Public Safety...
Atop priority for cities and residents, public safety is the
most common service provided by municipalities. While
public safety encompasses a number of different emergency
services, police, fire and rescue are the most prevalent among
cities. Police services include crime prevention, suppression
and investigation, in addition to uniformed patrol and response.
Fire and rescue services include fire prevention, fire
suppression and rescue services.
Did You Know?
30 percent of Florida's
municipalities operate
either full or combination
volunteer fire departments.
Source: Data from CityStat Survey responses (82 percent of Florida municipalities).
10
Io •
A large majority of reporting municipalities, 69 percent, provide city -run police services.
Twenty-four percent contract with another entity (such as the county sheriff's office
or another city's police department) for public safety services. Only 7 percent do
not provide any police services in addition to the minimum level of law enforcement
provided county -wide by the sheriff's office. By law, cities are not required to provide
law enforcement and fire services. Cities that do not provide these services rely on
the county and/or volunteer services.
Fifty-five percent of reporting cities provide fire services directly by city -employed
firefighters. From 2011 to 2012, municipalities reported an increase in providing fire
services in-house, as opposed to contracting out. Some fire departments fund their
operations by levying fire assessment fees. The revenues generated through these
fees are used to cover fire operating expenses. From 2011 to 2012, the number of
municipalities utilizing a fire assessment fee increased from 22 percent to 30 percent.
2011
54. 7 % provided directly by the city
30. 7 0/O contracted out to another entity
O
14.6 O do not provide fire services
2012
59.090.�o provided directly by the city
26.060/O contracted out to another entity
14.85ZO do not provide fire services
69 G
O
O provided directly by the city
24 O
o contracted out to another entity
7 O
O do not provide police services
69 c
o
O provided directly by the city
23 O
O contracted out to another entity
6 0
O do not provide police services
Source: Data from CityStat Survey responses (82 percent of Florida municipalities).
OPAOS!TE PAGE.14O.SE PI-ICiTO` l!—>rGt:KPr4CTO.CCiiI; J*,R; YA(.L.'�,''cK)ii"D At.IT NICOL S HANSF V AB'_,Vr Fi ZETRUCk SKIP ODCNNELUPOUCE CA? 10EL'NDA FIW"VER
11
v
Center for Municipal Research
and Innovation
By collaborating and facilitating local government -focused research, the League's Center
for Municipal Research and Innovation is the place to find the most current and pertinent
research and resources related to municipal government in Florida.
The Center for Municipal Research and Innovation offers the following:
■ Online Research and Resources: The center's website houses valuable research
and resources covering a variety of local government topics. Online resources include
current reports and data from researchers across the state; a municipal search engine;
results from the Florida League of Cities' CityStats Survey; municipal profiles of all 410
Florida cities, and the "Find a Peer City" database.
■ Workshops: Research -focused workshops are being developed for Florida League
of Cities and affiliate organizations' conferences. These workshops will provide an
opportunity for practitioners to utilize current research.
■ Research Symposium: An annual statewide research symposium brings together
public administrators, elected officials and the academic community. The symposium
focuses on a specific local government issue and how research, statistics and trends
can be used in the local government setting.
■ Research Publication: An electronic quarterly newsletter highlighting research and
reports in a concise and usable format that gives readers an overview of research
being conducted in Florida. The newsletter includes articles, reports and data from
many different sources.
A main goal of the Center for Municipal Research and Innovation is to serve as a key
link between Florida's public policy researchers and municipal governments. Ongoing
communication and partnerships between the center and researchers bridges the gap
between academics and public policy makers and administrators.
To learn more about the Center for Municipal Research and Innovation and access its
online resources, visit www.floridaleagueofcities.com/ResearchMaterial.aspx.
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12