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2011-04-05
AGENDA I. CALL TO ORDER - Mayor: April 5, 2011, City Council Regular Meeting; 6:00 p.m. CITY OF OKEECHOBEE APRIL 5, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 5, 2011, Regular City Council Meeting to order at 6:00 p.m. 55C PAGE 1 OF 6 11. OPENING CEREMONIES: Invocation given by the Very Reverend Dr. Edward Weiss of the Church of The invocation was offered the by the Very Reverend Dr. Edward Weiss of Church of Our Saviour; the Pledge was led Our Saviour; Pledge of Allegiance led by Mayor. I by Mayor Kirk. 11. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a 15-Year Longevity Service Award to Bettye Taylor. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present Mayor Kirk presented a Longevity Service Award to Detective Betty Taylor, for her 15 years of employment with the City of Okeechobee. She was presented with a crystal engraved clock and certificate, which read: "in appreciation for your fifteen -years of hard work and dedication, April 3,1996 through April 3, 2011. Service is the lifeblood of any organization. Everything flows from and is nourished by it The City and your fellow citizens have benefltted greatly by your perfonmance." Detective Taylor graciously accepted her award. 7 APRIL 5, 2011- REGULAR MEETING - PAGE 2 OF 6 II AGENDA III COUNCIL. ACTION - DISCUSSION • VOTE I) IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of April 2011 as "Child Abuse Prevention Month. " C. Proclaim the month of April 2011 as "Water Conservation Month." Mayor Kirk proclaimed the month of April 2011 as "Child Abuse Prevention Month" and read the proclamation in its entirety as follows: "WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and over 80,000 of children in the state of Florida; and WHEREAS, the societal malignancy called child abuse and neglect respects no religious, class, or geographical boundaries, and, in fac4 has been declared a national emergency; and WHEREAS, CASTLE (Child Abuse Services, Training b Life Enrichment) of the Treasure Coast and Okeechobee County through their support of parent aid programs, parenting classes and educational programs, and community service activities, are making significant progress in stopping this crime against our nation's and community's children and families. NOW, THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2011 as "CHILD ABUSE PREVENTION MONTH" in the City of Okeechobee, and I urge all citizens to use this time to better understand, recognize, and respond to this serious problem; AND FURTHER, I congratulate CASTLE for its continued success in helping families break free from the cycle of child abuse." Mr. Al Jacks of CASTLE was present to receive the proclamation and thanked the City Council for continuing to support awareness of child abuse. Mayor Kirk proclaimed the month of April 2011 as "Water Conservation Month"and read the proclamation in its entirety as follows: "WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world, and WHEREAS, clean and sustainable water resources are vital to Florida's environmen4 economy and quality of life; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water, and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative watersupplies, clean up stormwaterpollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment, and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; WHEREAS, the South Florida Water Management Dish*4 is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources; NOW THEREFORE,1, James E Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2011 as "WATER CONSERVATION MONTH" in the City of Okeechobee." Mr. Gary Ritter of the South Florida Water Management District was present to receive the proclamation and thanked the City Council. 5 APRIL 5, 2011- REGULAR MEETING - PAGE 3 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 15, 2011 Regular Meeting - City Clerk. III March 15, 2011 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA WATFORD - YEA VI. AGENDA - Mayor. MAXWELL - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's 111 Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. VII. NEW BUSINESS. There were none. A. Motion to adopt proposed Resolution No. 11-03 recognizing a Council Member Watford moved to adopt proposed Resolution No. 11-03 recognizing a course of action with the course of action with the United States Fish and Wildlife Service United States Fish and Wildlife Service Everglades National Wildlife Conservation Area; seconded by Council Member Everglades National Wildlife Conservation Area - City Administrator Williams. (Exhibit 1). Attorney Cook read proposed Resolution No. 11-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING AND ADVOCATING A COURSE OFACTION IN CONNECTION WITH THE UNITED STATES FISHAND WILDLIFE SERVICE EVERGLADES NATIONAL WILDLIFE REFUGEAND THE EVERGLADES HEADWATER NATIONAL WILDLIFE CONSERVATION AREA." Following a lengthy discussion between the Council, Administrator Whitehall and Mr. Terry Burroughs of the Business Development Board, Council Member Maxwell made a motion to amend proposed Resolution No. 11-003, adding "that is fuliv funded in advance" to the end of the sentence in DaraaraDh number one and add "and a reasonable means of vehicular ingress" to the end of the sentence in paragraph number four; seconded b Council Member Watford. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. AGENDA VII. NEW BUSINESS CONTINUED. APRIL 5, 2011 - REGULAR MEETING - PAGE 4 OF 6 COUNCIL ACTION - DISCUSSION - VOTE A. Motion to adopt proposed Resolution No. 11-03 recognizing a VOTE ON MOTION AS AMENDED course of action with the United States Fish and Wildlife Service KIRK - YEA MAXWELL - YEA O'CONNOR - YEA Everglades National Wildlife Conservation Area continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. B. Presentation from Okeechobee High School Students Working The Okeechobee High School SWAT (Students Working Against Tobacco) Club is a member of the Tobacco -Free Against Tobacco - Candace Pope. Partnership of Okeechobee whose mission is to mobilize community partners to establish a forum to develop police and system changes that create and promote a tobacco free environment, encourage and support cessation services and eliminate the health hazards of secondhand smoke, to build and maintain an infrastructure for tobacco prevention control activities. Students from SWAT appeared before the Council to make a presentation on the effects of tobacco in candy -like form, as it can be poison to kids. A new generation of smokeless, flavored tobacco products that look like breath mints or breath -freshening strips may be life -threatening for children who mistake them for candy, according to researchers from the Harvard School of Public Heath and the Centers for Disease Control and Prevention. These products are not smoking cessation aids; rather, they are marketed as a nicotine alternative in places where smoking is not allowed. Photographs of these flavored tobacco products being displayed on counter -tops, in glass cases and within the candy aisle were distributed. The Council was asked to consider adopting a resolution or ordinance requiring that all flavored tobacco products be displayed behind the counters, and not on counter -tops or other areas of display that are within the line of sight for younger children. Mayor Kirk thanked the students for their presentation, Administrator Whitehall was instructed to look into a proposed resolution or ordinance for the Council to consider, as requested above. C. Motion to approve the Temporary Street Closing on May 7, 2011 Council Member Maxwell moved to approve a temporary street closing for Southwest 2nd through 41h Avenues, between from 9:00 a.m. to 5:00 p.m. for the 2nd Annual Bikefest of North and South Park Streets and Southwest 4`h Avenue between Blocks 106 and 107, South of South Park Street Okeechobee - Terry Burroughs, Okeechobee Main Street (Exhibit to Alley, submitted by Okeechobee Main Street for the 2d Annual Bike Fest of Okeechobee from 9:00 a.m. to 5 p.m. 2). on May 71"; seconded by Council Member O'Connor. There was a brief discussion regarding intermitted closings of portions of South Park Street as well. However, until written consent from the business owners along South Park Street is presented to the City, the Council cannot consider those closings. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 5, 2011- REGULAR MEETING - RAGE 5 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. D. Motion to employ a Permanent Part -Time Custodian - City Administrator (Exhibit 3). Council Member O'Connor moved to employ a Permanent Part -Time Custodian; seconded by Council Member Watford. There was a brief discussion on this item. The current month -to -month contract with Scotts Quality Cleaning will be terminated upon the hiring of a custodian/janitor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Motion to employ two Seasonal Part -Time Maintenance Operators - Administrator Whitehall explained that with the recent resignation of Mr. Floyd Selph, a vacancy opened within the City Administrator (Exhibit 4). Public Works Department. Rather than immediately replacing the one position, Staff is recommending the Council allow the hiring of two temporary part-time maintenance operators during the summer which is the rainy season. At the end of the summer Staff will evaluate the two employees and contemplate keeping one as a full-time employee, or release both, whichever is in the best interest of the City. F. Council Member Watford moved to employ two Seasonal Part -Time Maintenance Operators; seconded by Council Member Williams. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Motion to promote current Accounts Supervisor to Finance Director Council Member O'Connor moved to promote current Accounts Supervisor to Finance Director position; seconded by position - City Administrator. Council Member Watford. Administrator Whitehall provided, within the Council packets, prior to the last meeting, supporting information for the re -implementation of the Finance Director's position. Distributed prior to this meeting was a copy of the revised proposed job description which highlights the position will still report to and be under the direction of the Administrator. There will be additional analysis and collection of data by the Finance Director, as well as the demand to devote more attention to compliance issues. The restructure of salary changes will not be considered until budget review when all salaries will be looked at. However, the title change and job description will take effect April 6, 2011, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 5, 2011- REGULAR MEETING - PAGE 6 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. G. Discussion regarding Impact Fee Mitigation/Moratorium - City Administrator. Vill. 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 upDn,whi`ch the appeal is to be base . Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: '' James E. Kirk, Mayor Lane O miotea, CMIC City Clerk During the Workshop Session of the March 1, 2011 Council Meeting, the Council discussed again implementing a one year moratorium on impact fees. At that meeting, Mr. Terry Burroughs advised that he would be making a presentation to request the same of the Board of County Commissioners. To date, the BOCC has not addressed the matter on their agenda's. Another point discussed at the meeting was the City's financial data and what purchases have been paid from impact fees and what future purchases were scheduled. Prior to the meeting Administrator Whitehall distributed a memorandum that contained revenue the City has collected to date, the only expenditure made by the City was the appropriate share of the Fire Brush Truck, estimated at $22,412.00. The memorandum also contained a copy of the Draft Economic Impact Fee Mitigation Program originally distributed at the March 1, 2011 Council meeting. Administrator Whitehall's suggestion was that should the Council be inclined, he would personally advocate an impact fee moratorium, either 100 percent for all businesses or a percentage thereof, rather than selective targeted business mitigation. The reason is the City would have difficulty with the reimbursement method. He also added that the Legislature has a couple of proposals they are considering to initiate a moratorium statewide. Once again it was explained that the City's Impact Fee portion is very small, where the County's is 92 percent of the fee. The exact percentage of the School Board's fee was not stated, other than it is very high as well. The Council discussed the pros and cons on implementing a moratorium on impact fees with Mr. Burroughs and Mr. Mack "Hoot" Worley. Administrator Whitehall was instructed to meet with both the School Board Superintendent and the County Administrator and report back to the Council whether either entity is considering adopting a moratorium on Impact Fees: as well as Attorney Cook was instructed to draft a proposed ordinance for consideration at the next meeting to implement a moratorium. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 8:15 p.m. The next regular scheduled meeting is April 19, 2011 at 6:00 p.m. 11 AGENDA I. CALL TO ORDER - Mayor: April 5, 2011, City Council Regular Meeting; 6:00 p.m. CITY OF OKEECHOBEE APRIL 5, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 5, 2011, Regular City Council Meeting to order at 6:00 p.m. PAGE 1 OF 6 II. OPENING CEREMONIES: Invocation given by the Very Reverend Dr. Edward Weiss of the Church of The invocation was offered the by the Very Reverend Dr. Edward Weiss of Church of Our Saviour; the Pledge was led Our Saviour; Pledge of Allegiance led by Mayor. I by Mayor Kirk. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a 15-Year Longevity Service Award to Bettye Taylor City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present Mayor Kirk presented a Longevity Service Award to Detective Betty Taylor, for her 15 years of employment with the City of Okeechobee. She was presented with a crystal engraved clock and certificate, which read: `in appreciation for your fifteen -years of hard work and dedication, April 3,1996 through April 3, 2011. Service is the lifeblood of any organization. Everything flows from and is nourished by it The City and your fellow citizens have benefitted greatly by your performance." Detective Taylor graciously accepted her award. APRIL 5, 2011- REGULAR MEETING - PAGE 2 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of April 2011 as "Child Abuse Prevention Mayor Kirk proclaimed the month of April 2011 as "Child Abuse Prevention Month" and read the proclamation in its Month." entirety as follows: "WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and over 80,000 of children in the state of Florida; and WHEREAS, the societal malignancy called child abuse and neglect respects no religious, class, or geographical boundaries, and, in fac4 has been declared a national emergency; and WHEREAS, CASTLE (Child Abuse Services, Training b Life Enrichment) of the Treasure Coast and Okeechobee County through' their support of parent aid programs, parenting classes and educational programs, and community service activities, are making significant progress in stopping this crime against our nation's and community's children and families. NOW, THEREFORE,1, James E. I{irk by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2011 as "CHILD ABUSE PREVENTION MONTH" in the City of Okeechobee, and I urge all citizens to use this time to better understand, recognize, and respond to this serious problem; AND, FURTHER, i congratulate CASTLE for its continued success in helping families break free from the cycle of child abuse." Mr. Al Jacks of CASTLE was present to receive the proclamation and thanked the City Council for continuing to support awareness of child abuse. C. Proclaim the month of April 2011 as "Water Conservation Month." Mayor Kirk proclaimed the month of April 2011 as "Water Conservation Month"and read the proclamation in its entirety as follows: "WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environmen4 economy and quality of life; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative watersupplies, clean up stormwaterpo►lution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, all water users including commercial, industrial, agricultural, Institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources; NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2011 as "WATER CONSERVATION MONTH" in the City of Okeechobee." Mr, Gary Ritter of the South Florida Water Management District was present to receive the proclamation and thanked the City Council. APRIL 5, 2011- REGULAR MEETING - PAGE 3 OF 6 AGENDA F COUNCIL ACTION - DISCUSSION NOTE V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 15, 2011 Regular Meeting - City Clerk. March 15, 2011 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. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. There were none. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 11-03 recognizing a Council Member Watford moved to adopt proposed Resolution No. 11-03 recognizing a course of action with the course of action with the United States Fish and Wildlife Service United States Fish and Wildlife Service Everglades National Wildlife Conservation Area; seconded by Council Member Everglades National Wildlife Conservation Area - City Administrator Williams. (Exhibit 1). Attorney Cook read proposed Resolution No. 11-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING AND ADVOCATING A COURSE OFACTION IN CONNECTION WITH THE UNITED STATES FISHAND WILDLIFE SERVICE EVERGLADES NATIONAL WILDLIFE REFUGEAND THE EVERGLADES HEADWATER NATIONAL WILDLIFE CONSERVATION AREA." Following a lengthy discussion between the Council, Administrator Whitehall and Mr. Terry Burroughs of the Business Development Board, Council Member Maxwell made a motion to amend proposed Resolution No.11-003, adding "that is fully funded in advance" to the end of the sentence in paragraph number one and add "and a reasonable means of vehicular ingress" to the end of the sentence in paragraph number four; seconded by Council Member Watford. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. APRIL 5, 2011 - REGULAR MEETING - PAGE 4 OF 6 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 11-03 recognizing a course of action with the United States Fish and Wildlife Service Everglades National Wildlife Conservation Area continued. B. Presentation from Okeechobee High School Students Working Against Tobacco - Candace Pope. C. Motion to approve the Temporary Street Closing on May 7, 2011 from 9:00 a.m. to 5:00 p.m. for the 2nd Annual Bikefest of Okeechobee - Terry Burroughs, Okeechobee Main Street (Exhibit 2). VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. The Okeechobee High School SWAT (Students Working Against Tobacco) Club is a member of the Tobacco -Free Partnership of Okeechobee whose mission is to mobilize community partners to establish a forum to develop police and system changes that create and promote a tobacco free environment, encourage and support cessation services and eliminate the health hazards of secondhand smoke, to build and maintain an infrastructure for tobacco prevention control activities. Students from SWAT appeared before the Council to make a presentation on the effects of tobacco in candy -like form, as it can be poison to kids. A new generation of smokeless, flavored tobacco products that look like breath mints or breath -freshening strips may be life -threatening for children who mistake them for candy, according to researchers from the Harvard School of Public Heath and the Centers for Disease Control and Prevention. These products are not smoking cessation aids; rather, they are marketed as a nicotine alternative in places where smoking is not allowed. Photographs of these flavored tobacco products being displayed on counter -tops, in glass cases and within the candy aisle were distributed. The Council was asked to consider adopting a resolution or ordinance requiring that all flavored tobacco products be displayed behind the counters, and not on counter -tops or other areas of display that are within the line of sight for younger children. Mayor Kirk thanked the students for their presentation, Administrator Whitehall was instructed to look into a proposed resolution or ordinance for the Council to consider, as requested above. Council Member Maxwell moved to approve a temporary street closing for Southwest 2"d through 4'h Avenues, between North and South Park Streets and Southwest 4" Avenue between Blocks 106 and 107, South of South Park Street to Alley, submitted by Okeechobee Main Street for the 2°d Annual Bike Fest of Okeechobee from 9:00 a.m. to 5 p.m. on May 7'h; seconded by Council Member O'Connor. There was a brief discussion regarding intermitted closings of portions of South Park Street as well. However, until written consent from the business owners along South Park Street is presented to the City, the Council cannot consider those closings. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 11 APRIL 5, 2011- REGULAR MEETING - PAGE 5 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II ViI, NEW BUSINESS CONTINUED, A 14 I-2 Motion to employ a Permanent Part -Time Custodian - City Administrator (Exhibit 3). Motion to employ two Seasonal Part -Time Maintenance Operators - City Administrator (Exhibit 4), Motion to promote current Accounts Supervisor to Finance Director position - City Administrator. Council Member O'Connor moved to employ a Permanent Part -Time Custodian; seconded by Council Member Watford. There was a brief discussion on this item. The current month -to -month contract with Scotts Quality Cleaning will be terminated upon the hiring of a custodian/janitor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Whitehall explained that with the recent resignation of Mr. Floyd Selph, a vacancy opened within the Public Works Department, Rather than immediately replacing the one position, Staff is recommending the Council allow the hiring of two temporary part-time maintenance operators during the summer which is the rainy season. At the end of the summer Staff will evaluate the two employees and contemplate keeping one as a full-time employee, or release both, whichever is in the best interest of the City. Council Member Watford moved to employ two Seasonal Part -Time Maintenance Operators; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to promote current Accounts Supervisor to Finance Director position; seconded by Council Member Watford. Administrator Whitehall provided, within the Council packets, prior to the last meeting, supporting information for the re -implementation of the Finance Director's position. Distributed prior to this meeting was a copy of the revised proposed job description which highlights the position will still report to and be under the direction of the Administrator. There will be additional analysis and collection of data by the Finance Director, as well as the demand to devote more attention to compliance issues. The restructure of salary changes will not be considered until budget review when all salaries will be looked at. However, the title change and job description will take effect April 6, 2011. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, APRIL 5, 2011 - REGULAR MEETING - PAGE 6 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VII. NEW BUSINESS CONTINUED. G. Discussion regarding Impact Fee Mitigation/Moratorium - City Administrator. During the Workshop Session of the March 1, 2011 Council Meeting, the Council discussed again implementing a one year moratorium on impact fees. At that meeting, Mr. Terry Burroughs advised that he would be making a presentation to request the same of the Board of County Commissioners. To date, the BOCC has not addressed the matter on their agenda's. Another point discussed at the meeting was the City's financial data and what purchases have been paid from impact fees and what future purchases were scheduled. Prior to the meeting Administrator Whitehall distributed a memorandum that contained revenue the City has collected to date, the only expenditure made by the City was the appropriate share of the Fire Brush Truck, estimated at $22,412.00. The memorandum also contained a copy of the Draft Economic Impact Fee Mitigation Program originally distributed at the March 1, 2011 Council meeting. Administrator Whitehall's suggestion was that should the Council be inclined, he would personally advocate an impact fee moratorium, either 100 percent for all businesses or a percentage thereof, rather than selective targeted business mitigation. The reason is the City would have difficulty with the reimbursement method. He also added that the Legislature has a couple of proposals they are considering to initiate a moratorium statewide. Once again it was explained that the City's Impact Fee portion is very small, where the County's is 92 percent of the fee. The exact percentage of the School Board's fee was not stated, other than it is very high as well. The Council' discussed the pros and cons on implementing a moratorium on impact fees with Mr. Burroughs and Mr. Mack "Hoot"' Worley. Administrator Whitehall was instructed to meet with both the School Board Superintendent and the County Administrator and report back to the Council whether either entity is considering adopting a moratorium on Impact Fees; as well as Attorney Cook was instructed to draft a proposed ordinance for consideration at the next meeting) to implement a moratorium. VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 8:15 p.m. by the City Council with respect to any matter considered at this meeting, he/she may need to The next regular scheduled meeting is April 19, 2011 at 6:00 p.m. insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CIVIC, City Clerk 0 3 CITY OF OKEECHOBEE APRIL 5, 2011 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES -(i I. CALL TO ORDER - Mayor: April 5, 2011, City Council Regular Meeting, at DO p.m. II. OPENING CEREMONIES: Invocation given by the Very Reverend Edward Weiss of Church of Our Saviour; Pledge of Allegiance led by Mayor kl,-V- . III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - PI-u�,k-t Council Member Devin Maxwell - Council Member Mike O'Connor - Council Member Dowling R. Watford, Jr. - Council Member Clayton Williams - Prjk,,9 City Administrator Brian Whitehall - PFj_A.Q/,4- City Attorney John R. Cook - Pkt,)jNJ City Clerk Lane Gamiotea - pi Deputy Clerk Melisa Jahner Police Chief Denny Davis - P�.F Fire Chief Herb Smith - Pt-uts &+ Public Works Director Donnie Robertson - IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk presented a Longevity Service Award to Detective Bettye Taylor, for her fifteen years of employment with the City of Okeechobee. She was presented with a crystal engraved clock and certificate, which read: "In appreciate for your five -years of hard work and dedication, April 3,1996 through April 3, 2011. Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance. B. Mayor Kirk proclaimed the month of April 2011 as "Child Abuse Prevention Month" and read the proclamation C. Mayor Kirk proclaimed the month of April 2011 as "Water Conservation Month" and read the proclamation in its entirety as follows: (insert) M P�,�C �Y(' L� �i� 1� y`� 14(C.,14y� f l Ado `I'1 �u/Ll V U �J Im V. MINUTES - City Clerk ,- A. Council Member i moved to dispense with the reading and approve the Summary of Council Action for the March 15, 2011 Regular Meeting; seconded by Council Member KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA ( MOTION CARRIED. VI. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? VII. NEW BUSINESS. A. Council Member moved to adopt proposed Resolution No.11-03 recognizing a course of action with the United States Fish and Wildlife Service Everglades National Wildlife Conservation Area; seconded by Council Member e, (oi ) - City Administrator (Exhibit 1). L (',dLA r 6 / N Lu VCL 4 wco- KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED.AS A ALkA&" B. Presentation from Okeechobee High School Students Working Against Tobacco - Candace Pope Council Member. Dbfy) moved to approve the Temporary Street Closing on May 7, 2011 from 9:00 a.m. to 5:00 p.m. for the 2nd Annual Bikefest of Okeechobee; seconded by Council Member MD - Terry Burroughs, Okeechobee Main Street (Exhibit 2). .� - 0i mn4l, aA 1 0 1 LL' wi 404 UY VV1.� kC, N k00 'A( ;',�l A 4-11 A fl Yl 1 P-10 n4 KIRK - YEA WATFORD - YEA VOTE MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA LiV T16i CARRIED`. VII. NEW BUSINESS CONTINUED. D. Council Member I`ll D moved to employ a Permanent part-time custodian; seconded by Council Member T)-k) - City Administrator (Exhibit 3). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA `1GCOTIOIV ARR E. Council Member moved to employ two seasonal part-time maintenance operators - City Administrator (Exhibit 4). oZ ow b VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED F. Council Member 0)0 moved to promote current Accounts Supervisor to Finance Director position; seconded by Council Member � ) - City Administrator. i VOTE KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA ht&ION CARRIED. G. Discussion regarding Impact Fee Mitigation/Moratorium - City Administrator. VII. ADJOURN MEETING - Mayor. w� cc a'y 1'6L4 i to 4 cdt *,-) tut There being no further items on the agenda, Mayors adjourned the meeting at (5 p.m will be April . 2011 at 6:00 p.m. The next meeting stiv ``,' `fte "� uUf cisCLc a t �! lA - (j�04 %U V- t1CL� 0, cc-okll prq- 4fTf cb� Zia 6 � d c-st -0i . It 44a Ak�) 'au rxj,-� ["Lo CLW wo-I Ka-k� +r3 Gam.- -t Twak PC ( . 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Ova 1OW4 h civt -k AkAi (q 4ou &evavx, cwf6.D3 04 olnu-�i�, R) OA FLk 0 0, f P ct 0--(& U-tf VI) Ltd C4 4 CL P-RMuL, 4 01 e—o A-% A, 4, oh., lkzim p mo, r^- V 44 o%A pasta qu-vtk, cm am&�U4-, \�� u�oti ��o v.� c� 3 �.,u;.� rrn�� C�t,�Molu� 6��'�cn.vv� Q �Cv��uA�aN.-4, (�.F f&,,u L, Vu,", cw Ndm 54nuQ �,txd wlpdd J i t-W p-&pj-,c �o t atu lo-4Kj rw & WbmA � �, 4- 4 i�o{ 4 ft'I'O (qr ti or - k i � y Rp-&W4 h?) hloef-u &-h O-VI--1 M !kDEPENDENT- �NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that tyie attached copy of advertisement bein a._ in the matter of i� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues ofIt/ 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 snail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement fcr-puhlication in the said newspaper. Toni Byrd Sworn to and subscribed before me this w� _day of CL LA, a C. 1 l AD Notary Public, State of Florida at Large 1, NOTARY 11C-STATE OF FLO Angie Bridges =Commission #DD779718 '.;`�Expires: APR. 20, 2012 AONPO THRU ATWANnG 89IiWNG co,, INC. 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 April 5 2011 at 6.00 r.m., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida, the public s 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. Aaordingly, 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 testimo- ny ad evidence at said meeting upon which any appeal is to be based. °lease contact City Administration at 863-763-3372, or website I ci o k okee ho om to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- ;ons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. ry: lames E. Kirk, Mayor Lane Gamiotea, cMC, city Clerk E IV. CITY OF OKEECHOBEE APRIL 5, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER. MAYOR: April 5, 2011, 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 Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Fifteen -Year Service Award to Bettye Taylor. B. Proclaim the month of April 2011 as "Child Abuse Prevention Month." C. Proclaim the month of April 2011 as "Water Conservation Month." PAGE 1 OF 2 2011 PAGE 2 OF 2 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the March 15, 2011 Regular Meeting - City Clerk. VI. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 11-03 recognizing a course of action with the US Fish and Wildlife Service Everglades National Wildlife Conservation Area - City Administrator (Exhibit 1). B. Presentation from Okeechobee High School Students Working Against Tobacco - Candace Pope C. Request for Temporary Street Closing on May 7, 2011 from 9:00 a.m. to 5:00 p.m. for the 2°d Annual Bikefest of Okeechobee - Terry Burroughs, Okeechobee Main Street (Exhibit 2). D. Motion to employ a Permanent part-time custodian - City Administrator (Exhibit 3). E. Motion to employ two seasonal part-time maintenance operators - City Administrator (Exhibit 4). F. Motion to promote current Accounts Supervisor to Finance Director position - City Administrator. G. Discussion regarding Impact Fee Mitigation/Moratorium - City Administrator (Exhibit 5). VIII. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk 5 ietty. 160 o Taric o Office of the Mayor Okeechobee, Florida WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and over 80,000 of children in the state of Florida-, and WHEREAS, the societal malignancy called child abuse and neglect respects no religious, class, or geographical boundaries, and, in fact, has been declared a national emergency; and WHEREAS, CASTLE (Child Abuse Services, Training & Life Enrichment) of the Treasure Coast and Okeechobee County through their support of parent aid programs, parenting classes and educational programs, and community service activities, are making significant progress in stopping this crime against our nation's and community's children and families. NOW, THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2011 as "CHILD ABUSE PREVENTION MONTH" in the City of Okeechobee, and I urge all citizens to use this time to better understand, recognize, and respond to this serious problem; AND, FURTHER, I congratulate CASTLE for its continued success in helping families break free from the cycle of child abuse. In witness whereof I have hereunto set my hand and caused this seal to be affixed. James,E. Kirk, Mayor 's Attest: 'Lame Gamiotea, CMC, City vlerk Date: April 5, 2011 _ Page 1 of 2 Jackie From: "Melisa Jahner" <mjahner@cityofokeechobee.com> To: "City -Jackie" <jdunham@cityofokeechobee.com>; "City -Lane Gamiotea" <Iamiotea@cityofokeechobee.com> Sent: Monday, March 21, 2011 1:53 PM Attach: Okeechobee Invitation.doc; PROCLAMATION 2011.doc Subject: Fw: CASTLE & Proclamations FYI, ----- Original Message ----- From: "Robin Brock" <rbrockkcitvofokeechobee.com> To: "Melisa Jahner" <m'a� hner(wcityofokeechobee.com> Sent: Monday, March 21, 2011 1:29 PM Subject: Fw: CASTLE & Proclamations > Melisa, > The attached proclamation will be presented at our next meeting. I will > prepare and print it. Kathleen Campanella will be present to receive it > on > behalf of the CASTLE organization. Her contact information is listed > below. > Robin Brock > Executive Secretary > City of Okeechobee > 55 SE 3rd Avenue > Okeechobee, FL 34974 > 863-763-3372, Ext. 212 > rbrock(d)cityofokeechobee.com > Website: http://www.cityofokeechobee.com > NOTICE: Due to Florida's broad public record laws, this email may be > subject to public disclosure. > ----- Original Message ----- > From: "Kathleen Campanella" <KCampanella.(c!castletc.org> > To: <rbrockr?cityofokeechobee.com> > Sent: Monday, March 21, 2011 1:05 PM > Subject: CASTLE & Proclamations > Dear Robin, > Thank you for taking the time to speak with me. As per our discussion I am > enclosing a sample Proclamation for the City of Okeechobee to use for the > month of April - Child Abuse Prevention month. It would be wonderful if I > could be present at your April 5th council meeting to represent CASTLE 3/23/2011 •.r Page 2 of 2 > (Child Abuse Services, Training & Life Enrichment) and accept the > Proclamation from the Mayor. > I have also included an invitation for Memory Field Dedication Ceremony > tomorrow (3/22) at 5:30pm at Flagler Memorial Park. Sheriff May will be > our > guest speaker. Please forward it to friends, family, and co-workers. > Thanks very much for your time and support, > Kathleen Campanella > Community Relations Specialist > CASTLE > "Child Abuse Services, Training & Life Enrichment" > 3525 West Midway Road > Fort Pierce, FL 34981 > (772) 465-6011 ext. 238 > kcampanella a cast]etc.org<mailto:kcampanelIa(u)castletc.org> > www.castletc.org 3/23/2011 0 0/ >r' C `' Page 1 of 1 Robin Brock From: "Kathleen Campanella" <KCampanella@castletc.org> To: <rbrock@cityofokeechobee.com> Sent: Monday, March 21, 2011 1:05 PM Attach: Okeechobee Invitation.doc; PROCLAMATION 2011.doc Subject: CASTLE & Proclamations Dear Robin, Thank you for taking the time to speak with me. As per our discussion I am enclosing a sample Proclamation for the City of Okeechobee to use for the month of April — Child Abuse Prevention month. It would be wonderful if I could be present at your April 5th council meeting to represent CASTLE (Child Abuse Services, Training & Life Enrichment) and accept the Proclamation from the Mayor. I have also included an invitation for Memory Field Dedication Ceremony tomorrow (3/22) at 5:30pm at Flagler Memorial Park. Sheriff May will be our guest speaker. Please forward it to friends, family, and co-workers. Thanks very much for your time and support, Kathleen Campanella Community Relations Specialist CASTLE "Child Abuse Services, Training & Life Enrichment" 3525 West Midway Road Fort Pierce, FL 34981 (772) 465-6011 ext. 238 kcampanella@castletc.org www.castletc.org 3/21/2011 t.nr PROCLAMATION WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and over 80,000 in the state of Florida; and WHEREAS, the societal malignancy called child abuse and neglect respects no religious, class, or geographical boundaries, and, in fact, has been declared a national emergency; and WHEREAS, CASTLE (Child Abuse Services, Training & Life Enrichment) of the Treasure Coast and Okeechobee County through their support of parent aid programs, parenting classes and educational programs and community service activities, is making significant progress in stopping this crime against our nation's and community's children and families. NOW, THEREFORE, I, Mayor of the City of Okeechobee, Florida, do hereby proclaim that the entire month of April 2011, shall be observed as "Child Abuse Prevention Month" in the City of Okeechobee and I urge all citizens to use this time to better understand, recognize, and respond to this serious problem; And, further, I congratulate CASTLE for their continued success in helping families break free from the cycle of child abuse. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official Seal of the City of Stuart Florida, to be affixed this day of March, 2011. Office of the Mayor Okeechobee, Floridl WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environment, econoroy and quality of life; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and VVH,EREAS, the State of Florida, together with local partners, are investing billions of ddiars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; WHEREAS, the South Florida Water Managernent District, is implementing a Comprehe'l-risive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious waler resources; NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the Cily of Okeechobee, Florida, do hereby proclaim the month of April 2011 as "Y16UE,`:z CONSERVATION MONTH" in the City of Okeechobee. in witness whereof .1 have hereurdo set my hand and e ed this seat to be ajjfixed. jaines E. Kirk, Mayor Lame Gamiotea, Page 1 of 1 Robin Brock From: "Trimble, Suzanne" <strimble@sfwmd.gov> To:<bwhitehall@cityofokeechobee.com>; <fthomas@moorehaven.net>; <rchartier@co. okeechobee. fl. us> Cc: "Robin Brock" <rbrock@cityofokeechobee.com>; <vsmith@co.okeechobee.fl.us> Sent: Wednesday, March 09, 2011 1:17 PM Attach: Water Conservation Month April 2011 proclamation. doc Subject: Water Conservation Proclamation Good Afternoon, As you all are aware April is Water Conservation month and as usual the District provides a template resolution for your County Commissions and City Councils to consider adopting sometime during April. I hope you all will continue this annual tradition and have your respective boards adopt such a resolution. Please let me know what you decide to do so I can plan on attending. Thank you for your consideration. Gary Ritter Okeechobee Service Center Director 205 North Parrott Avenue Suite 201 Okeechobee, FL 34972 863.462.526o Ext. 3017 (W) 863.634.4857 (C) www.sfwmd.gov Suzanne Trimble Senior Administrative Assistant South Florida Water Management District Okeechobee Service Center 1-800-250-42oo extension 3019 strimble@sfivmd.gov 3/9/2011 Zn PROCLAMATION Water Conservation Month WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environment, economy and quality of life; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources; NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as (Chairman, Mayor, etc.) of (your city or county name) (commissioners or councilmen, etc.) do hereby proclaim the month of April as Water Conservation Month 'A✓ EXIIIBIT 1 low AIPIUL 5, 2011 RESOLUTION NO. 11-03 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING AND ADVOCATING A COURSE OF ACTION IN CONNECTION WITH THE UNITED STATES FISH AND WILDLIFE SERVICE EVERGLADES NATIONAL WILDLIFE REFUGE AND THE EVERGLADES HEADWATER NATIONAL WILDLIFE CONSERVATION AREA. WHEREAS, the United States Fish and Wildlife Service (SERVICE) is proposing the establishment of the Everglades Headwaters National Wildlife Refuge (NWR) and the establishment of an associated Everglades Headwaters Conservation Area (CONSERVATION AREA) as the first phase of a multi -phase approach to address landscape -scale land protection efforts in south-central Florida; and WHEREAS, the City of Okeechobee is located in the Headwaters of the NWR area as depicted on Exhibit No. 1, attached; and WHEREAS, it is proposed by the SERVICE that the NWR and CONSERVATION AREA would help: Protect, restore and conserve important habitat for 88 Federal and State listed species and state Species of Greatest Conservation Need (SGCN), including Florida panther, Florida black bear, Audubon's crested caracara, Florida scrub jay, Florida grasshopper sparrow, red -cockaded woodpecker, whooping crane, Everglades snail kite, wood stork, and Eastern indigo snake; and Protect, restore, and conserve exemplary habitats such as wet and dry prairie, Florida sandhill and scrub, scrubby and mesicflatwoods, and multiple wetland types including cutthroat seepage slope wetlands; and Protect, restore, and conserve the headwaters, groundwater recharge and watershed of the Kissimmee Chain of Lakes, Kissimmee River and Lake Okeechobee region, which will improve water quantity and quality in the Everglades watershed, complementing the work of the Comprehensive Everglades Restoration Plan (CERP), and protecting the water supply for millions of people; and Protect and enhance habitat corridors and implement other wildlife adaptation strategies to buffer the impacts of climate change; and Protect a working rural landscape, where local communities, ranching and agricultural interests, the SERVICE, and its partners would conserve natural resources and provide opportunities for compatible outdoor recreation and educational opportunities, while preserving the economic and cultural benefits provided by ranching; and WHEREAS, the proposed project calls for a two tier approach toward protecting the lands by the development of a: 1. Refuge: A core area within the Kissimmee Chain of Lakes and Kissimmee River Basin where the SERVICE would acquire, protect, and manage up to 50,000 acres through fee title purchases, leases, conservation easements, conservation and mitigation banks, lands set aside through Habitat Conservation Plans, and/or cooperative agreements from willing sellers. Many of these lands have been previously identified as priority acquisitions on the Florida Fish and Wildlife Conservation Commission (FWC), Florida Forever conservation list. Page 1 of 3 0 cm 2. Conservation Area: An area adjacent and complementary to the Refuge where the Service would have authority to protect 100,000 acres through conservation easements, conservation and mitigation banks, lands set aside through Habitat Conservation Plans, and/or cooperative agreements. 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 the City Council of the City of Okeechobee, Florida; petition the SERVICE relating to the NWR and CONSERVATION AREA as follows: 1. Provide for an adequate method of reimbursement of local ad valorem taxes for property that is being removed from the tax rolls. 2. Consider and abate any and all disruptive economic fallout from any loss of agricultural production as a result of the creation of a refuge or a conservation area. 3. Specifically, provide for leasing of conservation lands for cattle grazing/production. 4. Retain public access for hunting, fishing and recreation throughout the NWR region. INTRODUCED AND ADOPTED by the City of Okeechobee, this 5th day of April, 2011. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 3 Attachment: Exhibit No. One Jor 2= E . ...... .. L -,F.7 Z R X.I my� N� 'F -A- lei Everglades Headwa',W5 Study Area I R -Drida F , Wkjaes Page 3 of 3 0 3 -10 -1 1 ; 1 1 : 31 AM ; , � i �C ; ., � 1 / 1 CITY OF OKEECHOBEE (863) 763-3379- AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOWS OFFICE SS SE 3AD AVENUE OUECHOBEE, FLORMA 34974 FAX (863) 763--1686 NAME: tea t &Od "nl} 1 ovacco - (�1�.Q�•�`c ago ADDRESS: 1�►a� �L.00l TELEPHONE: 2 Ll j' %,.k Lo l- S FAX: pup 3- Li to o) - S I MEETING: REGULAR SPECIAL ❑ WORKSHOP D DATE: ___� PLEASE STATE THE THE CITY COUNCIL AGENDA: PLBASB STATE WHAT DEPARTMENTIS) YOU HAVE WORKED WITH: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACK APPLICABLB DOCUMENTS: IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: � \Obi` DATE 3- I O 1 I Cci��CL� OKEECHOBEE COUNTY HEALTH DEPARTMENT TOBACCO PREVENTION AND EOt7CAT1ON PROGRAM ROSALIND BROWN, B.A.. A.A.S.E.C.T. PROGRAM MANAGER 1728 NW 9- AvENuE PHONE: (863) 462-5781 OKEECHOBEE, FL 34972 FA%; (863) 462.5780 Rosa1)nd_Brown@doh.state.R.us CELL: (863) 697-0814 `r✓ W4,m9V'Of The Tobacco Free Partnership of Okeechobee The mission of the Tobacco -Free Partnership of Okeechobee is to mobilize community partners to establish a forum to develop policy and system changes that create and promote a tobacco free environment, encourage and support cessation services and eliminate the health hazards of secondhand smoke and to build/maintain an infrastructure for tobacco prevention control activities. ❖ The Partnership focuses on the following tobacco control policies. ➢ Policy to Restrict the Sale of Candy Flavored Tobacco Products not covered by FDA. ➢ Policy Prohibiting/Limiting Tobacco Industry Advertising — Retail Outlets ➢ Policy to Implement Comprehensive Tobacco Control Model Policies in K-12 Schools ➢ Policy to Create Tobacco — Free Multi — Unit Dwellings ➢ Policy linking cessation services to local businesses and their employees ➢ 25% SWAT (Students Working Against Tobacco) Membership in the Partnership ➢ SWAT Activities in the Community ■ School Activities ■ Community Events • National Tobacco Holidays ■ Needs Assessment ■ Research and Data Collection ■ Educating the Community by Presenting Tobacco Issues to Target Audiences ■ Present Tobacco Issues to Decision Makers The Tobacco Free Partnership of Okeechobee is looking for representatives from local Businesses, all Schools, faith -based and youth organizations, Parents & Parent Teachers Associations, hospitals, Health Care Providers, Day Care Providers & Law Enforcement Agencies, State, and City and County Agencies. If you are interested in being a part of our team and want to work toward building a healthier tobacco free community please call 863-462-5235 or 863-462-5781 for more information. The Partnership holds it meetings the last Wednesday of every month at the Okeechobee County Health Department from 4:00pm to 5:00pm. M I.r Tobacco in candy -like form can poison kids April 19, 2010 By Denise Mann, Health.com A new generation of smokeless, flavored tobacco products that look like breath mints or breath -freshening strips may be life -threatening for children who mistake them for candy, according to researchers from the Harvard School of Public Health and the Centers for Disease Control and Prevention (CDC). "Nicotine is a poison, and now we're seeing smokeless tobacco products that look like Tic Tacs or M&M's, which parents can leave on the counter and children can be attracted to," says Greg N. Connolly, D.M.D., the director of the Tobacco Control Research Group at the Harvard School of Public Health, in Boston, Massachusetts. Connolly led a research team that found that smokeless tobacco products are the second most common cause of nicotine poisoning in children, after cigarettes. The researchers reviewed data from 61 poison control centers and identified 13,705 cases of tobacco ingestion between 2006 and 2008, the vast majority of which were in infants. Smokeless tobacco was involved in 1,768 of the cases. The new products -- currently being test -marketed in three cities -- include Camel Orbs, which resemble breath mints; Camel Sticks, which are about the size of a toothpick and dissolve in the mouth; and Camel Strips, which are similar to breath -freshening strips. Small, teabag-like "snus" -- pouches filled with tobacco that are placed between the upper lip and gum -- are also a potential hazard, according to the study, which appears in the journal Pediatrics. These products are not smoking cessation aids; rather, they are marketed as a nicotine alternative in places where smoking isn't allowed. Although children in the study were most often poisoned from eating cigarettes and smokeless tobacco products in general, the researchers single out the new, dissolvable products -- especially Camel Orbs -- as a "major concern." Orbs are available in cinnamon and mint flavors and could easily be mistaken for candy, the researchers say. "The candy form can only mean trouble, particularly for children and infants," says Connolly. "And snus are attractive, flavorful, and easily ingested by an infant or child." NOT FOR SALE: Big Tobacco's Sweet Tooth for ADDICTION Discover A t. New Word t�L�C�' Of Flav S. aq= l i etu��j�. jrtvCit t - fir ` xn1. Doti G i _ �R I .. It H I L L mints x, { �y r r poster Targeting youth with candy flavored tobacco Candy Flavored Tobacco Products Displays Walgreens - on Pepsi Machine by Check out CITGO in Treasure Island — on counter by register i "Vo TWISY5 13-a Black Mild Sweets Mini Cigars r. _ V MAI Big Tobacco targets youth with candy flavoring Here is the proof from a tobacco industry secret document: American Tobacco company, a competitor of U.S. Tobacco was beating USST to the kids through the introduction of a sweet flavored, low nicotine brand called "Hawken". USST sent its researchers into the field to find out why... "The retailers all agree that the majority of Hawken is being used by young kids and young adults. The age of the kids is from 9 years old and up. / believe this to be true because outlets located close to schools (all grades) are definitely the heavier Hawken outlets we visited. Also, the people who knew about mouth tobaccos felt the s weet taste was a definite factor with the kids... It definitely is a fact that Hawken has brought a lot ofnew consumers into the mouth tobacco market. / think this brand has reached kids four or five years earlier than we have contacted them in the past. Big Tobacco targets youth with candy flavoring Here is the proof from a tobacco industry secret document: American Tobacco company, a competitor of U.S. Tobacco was beating USST to the kids through the introduction of a sweet flavored, low nicotine brand called "Hawken". USST sent its researchers into the field to find out why... "The retailers all agree that the majority of Ha wken is being used by young kids and young adults. The age of the kids is from 9 years old and up. / believe this to be true because outlets located close to schools (all grades) are definitely the heavier Hawken outlets we visited. Also, the people who knew about mouth tobaccos felt the sweet taste was a definite factor with the kids ... lt definitely is a fact that Ha wken has brought a lot ofnew consumers into the mouth tobacco market. / think this brand has reached kids four or five years earlier than we have contacted them in the past. Big Tobacco targets youth with candy flavoring Here is the proof from a tobacco industry secret document: American Tobacco company, a competitor of U.S. Tobacco was beating USST to the kids through the introduction of a sweet flavored, low nicotine brand called "Hawken". USST sent its researchers into the field to find out why... "The retailers al/ agree that the majority of Hawken is being used by young kids and young adults. The age of the kids is from 9 years old and up. l believe this to be true because outlets located close to schools (all grades) are definitely the heavier Hawken outlets we visited. Also, the people who knew about mouth tobaccos felt the sweet taste was a definite factor with the kids... It definitely is a fact that Hawken has brought a lot ofnew consumers into the mouth tobacco market. / think this brand has reached kids four or five years earlier than we have contacted them in the past. Big Tobacco targets youth with candy flavoring Here is the proof from a tobacco industry secret document: American Tobacco company, a competitor of U.S. Tobacco was beating USST to the kids through the introduction of a sweet flavored, low nicotine brand called "Hawken". USST sent its researchers into the field to find out why... "The retailers al/ agree that the majority of Hawken is being used by young kids and young adults. The age of the kids is from 9 years old and up. / believe this to be true because outlets located close to schools (al/grades) are definitely the heavier Hawken outlets we visited. Also, the people who knew about mouth tobaccos felt the sweet taste was a definite factor with the kids... It definitely is a fact that Hawken has brought a lot ofnew consumers into the mouth tobacco market. / think this brand has reached kids four or five years earlier than we have contacted them in the past. Big Tobacco targets youth with candy flavoring Here is the proof from a tobacco industry secret document: American Tobacco company, a competitor of U.S. Tobacco was beating USST to the kids through the introduction of a sweet flavored, low nicotine brand called "Hawken". USST sent its researchers into the field to find out why... "The retailers al/ agree that the majority of Hawken is being used by young kids and young adults. The age of the kids is from 9 years old and up. l believe this to be true because outlets located close to schools (all grades) are definitely the hea vier Ha wken outlets we visited. Also, the people who knew about mouth tobaccos felt the sweet taste was a definite factor with the kids... /t definitely is a fact that Hawken has brought a lot ofnew consumers into the mouth tobacco market. / think this brand has reached kids four or five years earlier than we have contacted them in the past. Big Tobacco targets youth with candy flavoring Here is the proof from a tobacco industry secret document: American Tobacco company, a competitor of U.S. Tobacco was beating USST to the kids through the introduction of a sweet flavored, low nicotine brand called "Hawken". USST sent its researchers into the field to find out why... 'The retailers all agree that the majority of Hawken is being used by young kids and young adults. The age of the kids is from 9 years o/d and up / believe this to be true because outlets located close to schools (al/grades) are definitely the heavier Hawken outlets we visited. Also, the people who knew about mouth tobaccos felt the sweet taste was a definite factor with the kids... It definitely is a fact that Hawken has brought a lot ofnew consumers into the mouth tobacco market. / think this brand has reached kids four or five years earlier than we have contacted them in the past. k* LJ IN American Heart AMERICAN E G A C Y 4C Action LUNG network Association. , ; , , ASSOCIATION:. (D L I}+' Learn and L!y! FOR LONGER HEALTHIER LIVES EFFECTIVE DATES OF NEW FDA TOBACCO LAW PROVISIONS [Signed into Law by the President on June 22, 2009]' FDA Provision In Effect No direct or indirect claims of reduced risk allowed in any advertising, marketing or labeling of any existing or new cigarettes or smokeless products without prior FDA permission (does not 6/22/09 apply to "light," "low," "mild" and similar descriptors). Federal Cigarette Labeling & Advertising Act preemption of state restrictions on the time, 6/22/09 place, and manner of cigarette advertising eliminated. Prohibition of "light," "low," "mild," and all similar descriptors in all advertising, labeling and 6/22/09 marketing of any new cigarettes and smokeless tobacco products or brands. FDA given authority to restrict or prohibit tobacco product advertising and marketing to 6/22/09 promote public health. FDA given authority to issue product standards to promote public health that could eliminate 6/22/09 or reduce certain ingredients or byproducts of tobacco products. FDA entitled to request industry documents related to any relevant past research, by the industry or in the industry's files relating to tobacco product ingredients, constituents, 6/22/09 impacts; actual or potential harm reduction technologies; or marketing. FDA given authority to access records of any tobacco industry participant in order to 6/22/09 investigate and combat illicit trade, smuggling or counterfeiting of tobacco products. Tobacco product manufacturers and distributors required to notify the government if they have any knowledge that a tobacco product has been distributed without payment of 6/22/09 applicable duties or taxes or otherwise diverted into illicit trade. Illegal to make any express or implied statement or representation in tobacco product labeling or advertising or through the media that would mislead the consumers to believe the tobacco product is approved or endorsed by FDA; that FDA deems the product safe for use, 6/22/09 or that the tobacco product is safe or less harmful by virtue of being regulated by FDA or being in compliance with FDA regulatory requirements.Z All artificial or natural characterizing flavors other than tobacco or menthol banned from all 9/22/09 cigarettes and their component parts. Beginning of User Fee Collection From Tobacco Industry: FDA will be funded through user fees assessed on tobacco companies. First year collections will begin on or after October 1, 10/1/09 2009. Companies provide FDA list of ingredients and additives by brand and quantity as well as all new internal documents related to health, toxicological, behavioral or physiologic effects of 12/19/09 current or future products, their constituents, ingredients or components FDA established the Tobacco Product Scientific Advisory Committee. [First meeting was held 3/22/10 March 30-31, 2010] Prohibition of "light," "low," "mild," and all similar descriptors in all advertising, labeling and 6/22/10 marketing of existin cigarettes and smokeless products. ' While the new law applies to all tobacco products, its specific requirements and restrictions, with only minor exceptions, apply directly only to cigarettes (including RYO tobacco) and smokeless tobacco products, and will apply to other tobacco products only if and when FDA asserts its jurisdiction over them through a rule making process. Some of the new law's provisions are being challenged in court by members of the tobacco industry, which could delay or block the implementation of some of those provisions. 2 A District Court in Kentucky has ruled that this provision violates the First Amendment (but could be made compliant with relatively minor modifications). FDA is appealing that ruling, but will not be enforcing this provision until the legal issues are resolved. For more about the lawsuit and FDA's suspended enforcement, see: http://www. fda gov/TobaccoProducts/GuidanceComplianceReguIatorylnformation/ucm210762.htm. .4iio FDA Tobacco Law Effective Dates / Page 2 FDA Provision In Effect Larger, stronger warning labels required on all smokeless tobacco packages and in ads 6/22/10 Final Rule implemented: Sales to persons under 18 made a federal violation for the first time, with FDA financed compliance checks and enforcement. 6/22/10 Final Rule: No vending machine sales or self-service displays of cigarettes or smokeless 6/22/10 tobacco except in adult -only facilities Final Rule: No branded product tie-ins (e.g., T-shirts) with purchases of cigarettes or 6/22/10 smokeless tobacco products Final Rule: No sales of cigarettes in packages of fewer than 20 cigarettes. 6/22/10 Final Rule: No branded sponsorships of athletic or cultural events by cigarette or smokeless 6/22/10 manufacturers, distributors or retailers Final Rule: No free samples of tobacco products, except free samples of smokeless allowed 6/22/10 in adult -only facilities in certain restricted situations Final Rule: All cigarette and smokeless advertising must be black text on white background only — with all audio ads only spoken words with no sound effects or music — except in adult- 6/22/10 only facilities and in magazines with less than 15% or fewer than 2 million youth readers3 Final Rule: No cigarettes or smokeless brands with same names as brands of other non - 6/22/10 tobacco products (unless in effect prior to 1995)4 Comments due to FDA pursuant to its Advance Notice of Proposed Rulemaking re the possible development of new restrictions on outdoor cigarette or smokeless tobacco product 7/19/10 advertising to replace the provision banning all such ads within 1,000 feet of schools or playgrounds which FDA deleted from the Final Rule that goes into effect June 22, 2010.5 FDA shall publish an action plan to enforce restrictions on promotion and advertising of By 10/1/10 menthol and other cigarettes to youth New Product Review: Any new products introduced or modified after February 15, 2007, are Covers new subject to review as either a "new product" or as "substantially equivalent" to existing products products. Current products must submit documentation within 30 months. Beginning 30 introduced months after the date of enactment, all such products must first be submitted to FDA for after Feb. 15, review prior to being placed on the market. 2007 FDA Tobacco Product Scientific Advisory Committee must issue report on menthol cigarettes impact on public health, especially among youth, African Americans, Hispanics, and other By 3/23/11 racial and ethnic minorities (within 12 months after Committee established) FDA must publish regulations requiring larger, graphic warning labels for cigarette ads and By 6/22/11 that cover top half of front and back of all cigarette packages (effective 15 months later). FDA must issue regulations to prevent the sale of tobacco products to youth via Internet, By 10/1/11 mail-order or other non -face-to-face sales. FDA Tobacco Product Scientific Advisory Committee must issue report on dissolvable By 3/23/12 3 A District Court in Kentucky has ruled that this provision violates the First Amendment (but could be made compliant with relatively minor modifications). FDA is appealing that ruling, but will not be enforcing this provision until the legal issues are resolved. For more information, see the FDA website at: htto://www.fda.aov/TobaccoProducts/GuidanceComr)lianceReaulatorvI nformation/ucm2l 0762. htm. 4 FDA has said it will postpone enforcing this provision until related concerns are resolved about its scope. See: http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm2l0762.htm. 5 Section 897.30(b) of the initial Final Rule called for a total ban on any outdoor cigarette or smokeless ads within 1000 feet of schools or playgrounds. But the new law directed FDA to make changes to this provision prior to the publication of the Final Rule if FDA determined that any modifications were appropriate in light of governing case law regarding the First Amendment and permissible restrictions on commercial speech. On March 19, 2010, FDA published the Final Rule without any provision relating to outdoor ads near schools or playgrounds, at all, but issued a related notice and request for comments on that same topic. See http://www.fda.gov/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/defauIt.htm. FDA Tobacco Law Effective Dates / Page 3 FDA Provision In Effect tobacco products on public health, especially among youth (within 24 months after Committee established) To protect youth, FDA must issue regulations to address the promotion and marketing of By 4/1/12 tobacco products sold over the Internet, by mail-order or other non -face-to-face sales. FDA shall establish a list of harmful and potentially harmful constituents, including smoke By 4/1/12 constituents — and shall publish the list in a non -misleading format one year later. Companies provide FDA a listing of all constituents identified by FDA as harmful or By 4/1/13 potentially harmful by brand and quantity FDA must issue report (and every two years thereafter) on progress and impediments encountered in implementing the FDA tobacco legislation, number of new product and By 4/1/13 modified risk product applications received and their status, and on the number of full-time employees engaged in implementing the legislation. FDA shall establish and require new testing and reporting of tobacco products constituents, By 10/1/13 ingredients and additives, including smoke constituents FDA shall issue report on public health implications of raising minimum age to purchase By 4/1/15 tobacco products FDA shall issue regulations regarding recordkeeping and labeling codes or other tobacco product designs or devices to promote the tracking and tracing of tobacco products through No specified the distribution system and to assist in combating illicit trade, smuggling or counterfeiting of date tobacco products. FDA must issue regulations requiring adult -only retail establishments that primarily sell No specified tobacco products to comply with any advertising restrictions that apply to retail date establishments accessible to youth. dvisory What you need to know Many types of tobacco products are made to taste like vanilla, orange, chocolate, cherry, coffee and other flavors. These kinds of flavors make tobacco products especially appealing to kids, and can lead to a lifetime of tobacco addiction. The FDA is encouraging parents to understand the serious risks associated with flavored tobacco products. Flavored tobacco products: appeal to ki- Young people are much more likely to use candy and fruit flavored tobacco products than adults, and tobacco industry documents show that companies have designed these cigarettes with kids in mind. For example, one tobacco company suggested creating a honey -flavored cigarette to attract teenagers who like sweet products. :guise the had taste of tobacco. Candy and fruit flavors mask the bad taste of tobacco, making it easier for kids to start using tobacco products. Once they start using one tobacco product, however, they are more likely to experiment with others. as addictive gular tobacc . roducts. Scientists have found that many kids think flavored tobacco products are safer and less addictive than regular tobacco products. This is not true. All tobacco products contain nicotine, one of the addictive chemicals that make it so hard to quit using tobacco. ,Ave the same harmful health effects as regular tobacco Flavored cigarettes, cigars and pipes are not less dangerous than regular tobacco products. Smoking any kind of tobacco product increases your risk of developing serious health problems, including lung cancer, heart disease and emphysema. Tobacco products that you don't smoke, like snuff and chewing tobacco, have also been shown to cause gum disease and cancers of the mouth. For more information, see www.fda.gov. Beginning September 22, 2009, it will be illegal to sell cigarettes containing certain characterizing flavors except menthol anywhere in the United States. If you see flavored cigarettes for sale, please report it to the FDA. There are three ways to contact us: 1. Call the hotline. 1-877-CTP-1373 2. Send us a letter. 9200 Corporate Blvd, Rockville MD 20850-3229 3. Submit a report online. www.fda.gov/flavoredtobacco LXHIBIT 2 APIUL 5, 2011 w (863) 763-3371 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT CDMPLETED FORM Ta CITY ADmINISTRATOVS OFFICE 55 SE 31111 AVENUE OKEECHOBEE, FLORIDA 34974 NAME: ADDRESS: 24,r.% 3egq� TELEPHONE-- q(p:3 u�-1 -G3-z-s FAX: MEETING: REGULAR V SPECIAL .73 WORKSHOP C3 DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: v,., C,osx_ Sul 3qx' A seta Ltt"- 6 V4 ktuiUur-A Q0kt:e-P*,.s'V -IF PLEASE STATE WHAT DEPARTMENT(S)YOU HAVE WORKED WITH: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT L4FORMATION CONCERNING YOUR REQUEST AND A,r,rActi APPLICABLE DOCUM ENTS: IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: DATE: 7 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Received: Date Issued: 1 J Application No: Date(s) of Event: Fee: Date Paid: Information- Organization: Tax Exempt No: Mailing Address: Contact Person: c r �.\ E-Mail Address: 1 GIG 11VLG: 7� Work:' - ') ion • 2 zz Home: Summary of activities: Vz 2 "b t- 1' V ie'•. AIJ Q;YJA J ' `,+. -s V . fUNI,? n ' _ _ • - 1_ `.:.. ---•• n :y G. y '1 } ' � �.d 'r 19;\i+' -�^•cs-�. i•,i "''y p ;��r.�� c L,-.� t� � •�. tj��...1-� `6-i`:; r.- �t'k'�r"vim, �.t'fs'',. �� �,.• ; iw J Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park 042 isr,#3 `04 ❑ #5 ❑ #6 OR Address of event: Parcel ID• VAW TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: .Ll ➢ a Street Address City State Zip Code Streets to be closed: -Z �`"- �� ` -4 i-� Dates to be closed: u� Times to be closed: Ck Purpose of Closing: Attachments Required: Charitable Function Temporary Street and Sidewalk Closing ► Site Plan ► Original signatures of all residents, property owners and business owners affected by the closing. ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. -- ►Proof of non-profit status ► If any items are being sold ity streets or sidewalks, a Temporary Use Permit (TUP) must be IN- Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ► State Food Service License, if applicable. ► State Food Service License, if applicable. ► State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: ► Clean up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. No. No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. 2-*"Awu-,,4� � L 4-17► _ V(LA4/ - , 3 Y Page 3 of I hereby acknowledge that I have read and completed dds applica ion, the attached R lutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. �1— AppficAnt Signa6ire Date ••••OFFICE USE ONLY0060 Staff Review City Engineer: -U,1111Date: y /r Fire Department: Date: Building Official: Date: Public Works: Date: Date: _ 3 - v r/ Police Department: BTR De artment: _ Date:. C City Administrator: Date: City Clerk: tzp r''G Date:'�,n r� NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Page 1 of 1 Betty Clement From: "Terry Burroughs" <twbfla@gmail.com> To: "'Betty Clement"' <bclement@cityofokeechobee.com> Sent: Tuesday, March 29, 2011 09:46 Subject: RE: Bike Fest Betty, The activities will be focused strictly in Park 4 and a portion of Park 3. My indication of the Park 2-4 was meant to identify street closures for bike parking in the avenues in between each Park. As far as providing a list of vendors I do not have that completed as of this time. Vendors are still being contacted and hopefully we will have a list by mid April. We will have a band set in the Ave between Park 3 & 4, There will be a drill team demonstration for 45 min at two different times during the day ( I IAM & 1PM). The last portion of the sentence referred to the drill team from Central Florida. I will provide a site plan for your convenience. TWB From: Betty Clement [mailto:bclement@cityofokeechobee.com] Sent: Tuesday, March 29, 2011 9:13 AM To: twbfla@gmail.com Subject: Bike Fest Good Morning Terry, The City needs a little more info on the activities for Park 2, 3 and 4 for the Bike Fest to be held on May 7th. Please submit a site plan and if possible a list of food vendors and describe any other activity that you are planning. The City Staff needs to be aware of the added requirements that may be needed for this event. Also on your application the last sentence just states we are also hosting ............................. Is there additional information that needs to be added? Thank you for your prompt response. Betty J. Clement General Services Coordinator City of Okeechobee (863) 763-3372 ext: 218 fax: (863) 763-1686 E-Mail: bclementCcDcityofokeechobee.com website: http:/www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 3/29/2011 5th Av X Food & Straight Sales Vendors Park 4 4th Av Highway 70W Park 3 SW Park St Park 2 Bike Parking Q0Access to Bikefest 46 Street Closed Bike Parking will be on the avenues which are closed and any other area designated on the map Bands will be set up in the SW Corner of Park 3 Volunteers to dispose of trash in waste management containers Beer will be sold on private property adjacent to Raulerson's store EXHIBIT 3 CITY OF APRIL 5, 2011 OKEECHOBBEE JOB DESCRIPTION POSITION: CUSTODIAN TASKS: • Clean building floors by sweeping, mopping, scrubbing, or vacuuming them. • Gather and empty trash. • Service, clean, and supply restrooms. • Clean and polish furniture and fixtures. • Clean windows, glass partitions, and mirrors, using soapy water or other cleaners, sponges, and squeegees. • Dust furniture, walls, sills, ledges, machines, and equipment. • Make adjustments and minor repairs to heating, cooling, ventilating, plumbing, and electrical systems. • Steam -clean or shampoo carpets. • Strip, seal, finish, and polish floors. • Follow procedures for the use of chemical cleaners and power equipment, in order to prevent damage to floors and fixtures. • Monitor building security and safety by performing such tasks as locking doors after operating hours and checking electrical appliance use to ensure that hazards are not created. • Move heavy furniture, equipment, and supplies, either manually or by using hand trucks. • Plant and weed flowerbeds and shrubbery and clear debris from grounds. • Notify supervisor(s) concerning the need for major repairs or additions to building operating systems. • Remove debris from sidewalks, driveways, and parking areas. • Requisition supplies and equipment needed for cleaning and maintenance duties. • Clean porches and entryways to buildings. • Spray insecticides and fumigants to prevent insect and rodent infestation. • Replace light bulbs. • Run errands for building staff. • Perform related work as required. QUALIFICATIONS: Sufficient education to understand oral and written instruction and some experience in cleaning and maintenance activities. Valid Florida drivers license. Self motivated and able to work independently and complete tasks under little or no supervision. SUPERVISION: Report to Public Works Director and/or General Services Coordinator. rr.. L)MIBIT 4 APRIL 5, 2011 CITY OF OKEECHOBEE JOB DESCRIPTION POSITION: Seasonal Part -Time Maintenance Operator MAJOR FUNCTION: Performs skilled and/or semi -skilled operation of some heavy duty construction equipment, tractors, tractor -mower, small truck, dump truck and other light automotive equipment and hand tools in connection with street maintenance, repair and drainage control. ILLUSTRATIVE: Operates grader, dump truck, back hoe, chipper, tractor and smaller mobile equipment as well as a variety of hand and power tools. Patch paved roads and streets; construct and repair sidewalks and curbs. Clear rights of way; install and maintain street signs; maintain traffic lights. Lay culvert, dig and clean ditches; load and/or haul asphalt, fill dirt, etc. Perform preventive maintenance on equipment. Repair and maintain manholes and storm drains. Perform related work as required. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of methods, tools and equipment used in constructing and maintaining streets, curbs and sidewalks; knowledge of work hazards and safety precautions. Ability to operate a variety of hand and power tools used in construction and repair work. Ability to follow oral and written directions and instructions. Ability to preform manual labor related to the operation of assigned equipment; ability to maintain effective working relations with others. REQUIRED EXPERIENCE, TRAINING AND EDUCATION: High school diploma or equivalent required; TABE Test, total minimum score 10.3. Must be at least 18 years of age. Employees must be residents of Okeechobee County, Buckhead Ridge area of Glades County or any areas lying outside the Okeechobee line, but have Okeechobee addresses. Successful candidates are required to pass a pre -employment substance screening/physical. Must have a valid Florida Drivers License with a clean driving record for at least 3 years. GENERAL INFORMATION: Salary: $10.00 an hour FLSA Status: Non-exempt Code of Ethics State Certification Required: None Work Location: Public Works Facility DIRECTOR, FINANCE GENERAL DEFINITION This position provides administration, direction, and management of the City's overall planning, development, implementation and administration of accounting, finance and strategic planning with respect to the City's fiscal status and responsibility to the public. Responsibilities include planning, forecasting, analyzing and reporting the financial status of various aspects of the overall accounting and finance functions. Areas of responsibility include, but are not limited to, revenues accounting, finance investment, internal and external auditing, annual reporting, and strategic planning in accordance with established City goals, objectives and initiatives. Position ensure adherence to City Administration directives regarding finance and accounting administration of municipal public funds. Position provides advisement and assistance directly to the City Administrator in all aspects of the City's finance and accounting administration functions. Position oversees business tax receipt application and approval process, all payroll functions including benefit administration. Directly supervises filing and monitoring all insurance claims of the City. Work is performed independently under general supervision of the City Administrator. The individual in this position make significant decisions in accordance with City polices, procedures, law or regulatory requirements and makes major policy recommendations with organization -wide impact to the City Administrator. ESSENTIAL JOB DUTIES The list of duties and functions, as outline herein, is intended to be representative of the type of tasks performed within this classification. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. • Research, investigate, and analyze data from various resources to develop trend, estimates and forecasting of revenues and expenses. • Manages the preparation, analysis, implementation and administration of the annual operating budget. Work with City Administration to prepare proposed City budget for presentation to City Council. • Complete and file state required reports timely and accurately including the required Annual Financial Report based on F.S. 218.32. • Works collaboratively with City Administrator in the projections and analyses of various funds, surpluses, reserves and revenue sources. • Ensures adherence to and compliance with established budgetary parameters. • Work with City Administration to stay abreast of State and Local legislation, which may affect the City; forecast it's affects on Revenues/Expenses of the City. • Develops financial strategies for the City moving forward to ensure and maintain a fiscally sound and responsible status while meeting the needs of the City. • Ensure compliance with all applicable codes, laws, rules, regulations, standards, policy and procedures Page 1 of 1 • Conducts Research and other special projects as requested by the City Administrator regarding finance and accounting functions. • Establishes policies and procedures for the efficient management of the City's accounting and finance reporting and auditing functions • Communicate financial status and condition, as well as investments, monthly, quarterly, and annual basis. • Performs human resource management functions, e.g. interview, selection, hiring, disciplinary action, performance evaluations. • Monitor position and pay grades of personnel. Oversee and monitor payroll functions for City personnel. • Oversee and ensure Business Tax Receipt policies and procedures are administered based on Florida Statute and City Code. KNOWLEDGE SKILLS & ABLITIES • Substantial knowledge of the principles and practices applied to the organization, management, and administration of municipal accounting, finance, auditing and reporting administration. • Substantial knowledge of generally accepted accounting principles and fund accounting, including grants, insurance, employee benefits, budgeting, financial controls, and investments. • Substantial knowledge of operations analysis, public administration, public and media relations. • Substantial knowledge of the body of available and current information resources applicable to the department's functions for technical research purposes. • Substantial knowledge of legislation and regulatory standards applicable to the management and administration of public accounting. • Ability to interpret rules, regulations, and policies for effective decision -making in accordance with established precedent. • Ability to establish and maintain effective working relationships with employees, department heads, public/private sector contacts, and City Administrator. • Ability to plan, assign, direct and review the work of others in a manner conducive to full performance and compliance with established policies, procedures and regulatory standards application to the work. • Ability to establish and maintain effective working relationships with internal and external customers, as well as governing and appointed authorities. • Ability to communicate professionally verbally, in writing and in presentations. • Considerable knowledge of modern office practices including word processing and spreadsheet applications. EDUCATION REQUIREMENTS Bachelors Degree in Finance or Accounting preferred. Minimum of 7 years progressively responsible financial (public preferred) accounting experience a must, 5 of which must be in a supervisory position. Page 2 of 2 VAW COMPARATIVE JOB DECRIPTIONS Account Supervisor • Budget Preparation, millage including preparing for advertisement, scheduling hearings. Print and bind new budget. • Work with City and Pension Auditors • Payroll data including step changes and processing of payroll. File 1 /41y & UCT reports. Print W-2s. • Prepare renewal property and casualty insurance applications including annual workers compensation salary report • Bank reconciliation and balances verified with General Ledger Page 1 of 3 Finance Director • Research, investigate, and analyses data from various resources to develop trend, estimates and forecasting of revenues and expenses. Works with City Administrator to prepare proposed City budget for presentation to City Council. • Interprets and ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. Plans, directs, and coordinates annual audits, in conjunction with City auditors; plans/schedules annual audits; prepares audit work -papers, lead schedules, and year-end journal entries. • Coordinates programs/activities involving new and existing employees, processing of changes in employee status and pay rates, payroll processing, benefit plans and administration of benefits, employee insurance plans, worker's compensation, safety program administration, COBRA administration, and retirement and pension plans. • Oversees and monitors compliance with reporting of insurance claims; lawsuit and legal proceedings; review and analyze loss reports for property, liability, worker compensation. Communicates with City employees, departments, insurance carriers, states/federal agencies, and other individuals as needed to resolve problems, or give/receive advise/direction. Analyze, review, and recommend procedures for safety in the workplace, etc. • Plans, directs, and coordinates financial activities involving maintenance of general ledger, cash management, credit card, cash receipts, fixed assets, payroll, accounts receivable, accounts payable, purchasing/inventory, deposits, budget, plans organizational structure of the department to maximize efficiency of operations; plans/schedules period -end and year-end closing dates for general ledger, purchasing/inventory and payroll applications. r■r COMPARATIVE JOB DECRIPTIONS Account Supervisor (cont'd) • Printing of monthly budget reports, distributed to departments • Prepare and file various reports, Local Gas Tax, Hwy Report, Special Law Enforcement Report • Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining and completing employee performance appraisals Page 2 of 3 Finance Director (cont'd) • Administers budget as approved/adopted by Council; monitors expenditures to ensure compliance with approved budget and with established policies and procedures. Provides financial information to City Administrator, City Departments; provides guidance/assistance to other departments on budget, accounting, purchasing, or other issues; responds to questions or complaints from City personnel regarding financial issues or department operations; provides information, researches problems, and initiates problem resolution. • Gather, verify and complete all necessary reports required. Oversees and coordinates processing of a variety of documentation associated with City financial operations and department operations, within designated timeframes and per established procedures. • Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining and completing employee performance appraisals, conducts interviews and make hiring recommendations. • Coordinates long and short term financial plans, goals, and objectives for the City; develops budget forecasts; works with City Administrator on five-year capital improvement plans; conducts long-term financial planning; identifies and recommends funding sources and timeframes for capital projects • Work with City Administrator to stay abreast of State and local legislation which may affect the City; forecast its affects and communicate with City Administrator; analyze, review and monitor the effect on Revenues/Expenditures of the City. • Oversees investment, prepares and distributes investment reports to communicate status/results of investment activities; interacts with financial advisors as appropriate. ..r COMPARATIVE JOB DECRIPTIONS Page 3 of 3 Account Supervisor (cont'd) Finance Director (cont'd) • Development and implementation of policies and procedures pertaining to financial operations and activities; develops and implements internal control systems and procedures to reduce potential of errors; develops and updates travel policies, credit card policies and purchasing policies with approval of City Administrator. • Monitor and approves all outgoing wire transfers for payroll direct deposits, tax deposits, and other payments; ensures timeliness of transmissions; prepares direct deposit schedules and provides to banking institution. • Oversees and ensures proper application of code for issuance of Business Tax Receipt; research, review, and monitor BTR process for effective application; coordinate activities, review BTR's status; analyze, review and monitor policies/procedures; exchange information, resolve problems, or give/receive advice/direction. %4W *"r City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(i�cityofokeechobee.com * * * * *Memorandum t 7975 � Date: Mar 7, 2011 TO: Mayor & City Council FR: Admin Brian Whitehall RE: Finance Director Over the last several months I've reported that the City needs to address the Accounts Supervisor Position description in the context of re-creating the Finance Director position. I've purposely delayed aggressively advocating the move because of financial constraints facing the City. After a few years of procrastinating, I think there's a fairness issue not only to the current Account Supervisor but also to the City. There are a couple of issues: ►There is a need for the position to be completely engulfed in the Finance Dept because, like other occupations, the complexities associated with the position are a far cry from what they were just a few years ago. Compliance issues demand full time attention. The necessary analysis, particularly in this day and age, deserves a thoroughness that is only accomplished by a full time financial -oriented position. ►While the position of Finance Director isn't new to the city, it's been several years since we had it and it isn't included in the step plan, so it is a matter of recreating the position parameters to meet today's needs. ► India Riedel's performance far exceeds the criteria of Account Supervisor. While the move may technically be a promotion, she has essentially been acting in the capacity without the title or the compensation. She attends seminars, such as the Government Finance Officer's Assoc (GFOA), with peers in her profession that are all essentially Finance Directors. She is in a unique position to fit the required parameters, having served in an accounting and supervisory position with the FL Dept of Revenue for 7 years and now 5 years with the City as Accts Supervisor. As you know, her resume" also includes serving in a public capacity as elected School Board member since 1996. 0 14W RE: Finance Director 3/7/11 Memo cont'd TO: Mayor & City Council FR: Admin Brian Whitehall ►Attached please find supporting documentation including: • Finance Director (2-pg) General Definition... • Memo from India Riedel • Acct Supervisor vs FD comparative • FD salary determination by comparatives • Step plan reflecting FD step ► I did an analysis of what the appropriate salary would be for the position and arrived at $50,000/yr. This amount is considerably less than the equivalent job titles of the County, School or OUA, which is indicative of most positions with the City, as indicated on the salary determination comparative sheet attached and mentioned above. The City has traditionally been unable to compete with those salaries due to budget differences... one of the primary reasons we lose personnel. used a 1995 comparison to today's wages using the position of the City's Finance Director at that time and the Dept Head personnel. An average weighted wage would put the Finance Director at about $49k. 2I9Ja tL,c Now IWAW DIRECTOR, FINANCE GENERAL DEFINITION This position provides administration, direction, and management of the City's overall planning, development, implementation and administration of accounting, finance and strategic planning with respect to the City's fiscal status and responsibility to the public. Responsibilities include planning, forecasting, analyzing and reporting the financial status of various aspects of the overall accounting and finance functions. Areas of responsibility include, but are not limited to, revenues accounting, finance investment, internal and external auditing, annual reporting, and strategic planning in accordance with established City goals, objectives and initiatives. Position ensure adherence to City Administration directives regarding finance and accounting administration of municipal public funds. Position provides advisement and assistance directly to the City Administrator in all aspects of the City's finance and accounting administration functions. Position oversees business tax receipt application and approval process, all payroll functions including benefit administration. Directly supervises filing and monitoring all insurance claims of the City. Work is performed independently under general supervision of the City Administrator. The individual in this position make significant decisions in accordance with City polices, procedures, law or regulatory requirements and makes major policy recommendations with organization -wide impact to the City Administrator. ESSENTIAL JOB DUTIES The list of duties and functions, as outline herein, is intended to be representative of the type of tasks performed within this classification. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. • Research, investigate, and analyze data from various resources to develop trend, estimates and forecasting of revenues and expenses. • Manages the preparation, analysis, implementation and administration of the annual operating budget. Work with City Administration to prepare proposed City budget for presentation to City Council. • Complete and file state required reports timely and accurately including the required Annual Financial Report based on F.S. 218.32. • Works collaboratively with City Administrator in the projections and analyses of various funds, surpluses, reserves and revenue sources. • Ensures adherence to and compliance with established budgetary parameters. • Work with City Administration to stay abreast of State and Local legislation, which may affect the City; forecast it's affects on Revenues/Expenses of the City. • Develops financial strategies for the City moving forward to ensure and maintain a fiscally sound and responsible status while meeting the needs of the City. • Ensure compliance with all applicable codes, laws, rules, regulations, standards, policy and procedures Page 1 of 1 • Conducts Research and other special projects as requested by the City Administrator regarding finance and accounting functions. • Establishes policies and procedures for the efficient management of the City's accounting and finance reporting and auditing functions • Communicate financial status and condition, as well as investments, monthly, quarterly, and annual basis. • Performs human resource management functions, e.g. interview, selection, hiring, disciplinary action, performance evaluations. • Monitor position and pay grades of personnel. Oversee and monitor payroll functions for City personnel. • Oversee and ensure Business Tax Receipt policies and procedures are administered based on Florida Statute and City Code. KNOWLEDGE SKILLS & ABLITIES • Substantial knowledge of the principles and practices applied to the organization, management, and administration of municipal accounting, finance, auditing and reporting administration. • Substantial knowledge of generally accepted accounting principles and fund accounting, including grants, insurance, employee benefits, budgeting, financial controls, and investments. • Substantial knowledge of operations analysis, public administration, public and media relations. • Substantial knowledge of the body of available and current information resources applicable to the department's functions for technical research purposes. • Substantial knowledge of legislation and regulatory standards applicable to the management and administration of public accounting. • Ability to interpret rules, regulations, and policies for effective decision -making in accordance with established precedent. • Ability to establish and maintain effective working relationships with employees, department heads, public/private sector contacts, and City Administrator. • Ability to plan, assign, direct and review the work of others in a manner conducive to full performance and compliance with established policies, procedures and regulatory standards application to the work. • Ability to establish and maintain effective working relationships with internal and external customers, as well as governing and appointed authorities. • Ability to communicate professionally verbally, in writing and in presentations. • Considerable knowledge of modern office practices including word processing and spreadsheet applications. EDUCATION REQUIREMENTS Bachelors Degree in Finance or Accounting preferred. Minimum of 7 years progressively responsible financial (public preferred) accounting experience a must, 5 of which must be in a supervisory position. Page 2 of 2 n..- MEMORANDUM To: Mayor & City Council From: India Riedel, Finance Dept. RE: Duties and responsibilities accepted and performed Date: 03/08/11 I have been asked by the City Administrator to compile the duties and responsibilities of the Account Supervisor position as compared to a Finance Director position. Attached is a comparative of the 2 positions, the Account Supervisor position is more of daily data entry of finances and completion of tasks assigned versus a Finance Director works towards solutions by researching, extracting and analyzing, to obtain results. My hopes are that any part I may have played in enhancing the position that I hold, has assisted the City Administration and City Council and given a clear and effective picture of the municipality's finances. I humbly suggest that some of the successes realized within the last 5 years to the City finances and the City's image have been due to (at least by a small part), myself and the finance staff. Some of the increased duties and responsibilities include: Increase data available to administration, departments, and council. Brought our annual audits to `0' errors. Extracted data and analyzed same to be shared with Council and then provided to the general public. Presented cash flows in a manner to explain reserves, for a better understanding of the City's financial condition. Research of proposed legislation and possible effects to the City finances. Such as, additional Homestead exemptions, millage rate restrictions, revenue estimates, decreased property values, etc. Successfully negotiated Gas Tax revenue splits with the county. Adding the Ninth Cent gas tax in to the shared revenues from the County, generating at a minimum, $65,000 additional revenue each year for the next 10 years. �.+ 144W Information provided in detail from the finance's perspective to all City Departments to enable managers and council to make accurate well thought out decisions. Assist all departments with data of expenses so that the cost reduction plan could be implemented when economies dictated. Continually look at new ways to enhanced revenues and reduce expenses. Successfully implemented the Capital Fund to better identify prior year earnings, savings, and sell of assets. Identifying and segregating Public Facility funds which could and are being used to fund general operational cost which deal with transportation and maintenance of roads. (Transportation money to enhance the general fund.) Identified areas of savings to reduce usage of reserves. Fuel usage charts, utility wattage, phone audit, implemented bi-weekly payroll. Continually review contracts, for benefit cost reductions/cost savings. Health benefit cost have been maintained by closely monitoring and reviewing other avenues of coverage (cost savings last year of 57%). Enhanced the presentation of revenues, expenses and reserves to assist in the explanation of our finances to our citizens and the general public. Continually enhanced and acquired knowledge to further my ability concerning financial accounting and economics. Completed additional course work through IRSC in Financial Accounting I & II, Micro & Macro Economics. Consistently attend Florida Governmental Finance Officers Assn. conferences to keep abreast of changing accounting standards and requirements, including Auditor General seminars, TRIM compliance issues, etc. I am proud to be an employee of the City of Okeechobee. I enjoy the challenges and opportunities of the position and wish to continue to be a viable part of the city staff. I appreciate the statements made by administration and the council for the past 4 out of my 5 1/2 years with the city, that I do the work of, Finance Director. That I perform and provide assistance as, Finance Director. Thank you for your consideration to formally appoint me to the Finance Director position. COMPARATIVE JOB DECRIPTIONS`w Account Supervisor • Budget Preparation, millage including preparing for advertisement, scheduling hearings. Print and bind new budget. • Work with City and Pension Auditors • Payroll data including step changes and processing of payroll. File 1/41y & UCT reports. Print W-2s. • Prepare renewal property and casualty insurance applications including annual workers compensation salary report • Bank reconciliation and balances verified with General Ledger Page 1 of 3 Finance Director • Research, investigate, and analyses data from various resources to develop trend, estimates and forecasting of revenues and expenses. Works with City Administrator to prepare proposed City budget for presentation to City Council. • Interprets and ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. Plans, directs, and coordinates annual audits, in conjunction with City auditors; plans/schedules annual audits; prepares audit work -papers, lead schedules, and year-end journal entries. • Coordinates programs/activities involving new and existing employees, processing of changes in employee status and pay rates, payroll processing, benefit plans and administration of benefits, employee insurance plans, worker's compensation, safety program administration, COBRA administration, and retirement and pension plans. • Oversees and monitors compliance with reporting of insurance claims; lawsuit and legal proceedings; review and analyze loss reports for property, liability, worker compensation. Communicates with City employees, departments, insurance carriers, states/federal agencies, and other individuals as needed to resolve problems, or give/receive advise/direction. Analyze, review, and recommend procedures for safety in the workplace, etc. • Plans, directs, and coordinates financial activities involving maintenance of general ledger, cash management, credit card, cash receipts, fixed assets, payroll, accounts receivable, accounts payable, purchasing/inventory, deposits, budget, plans organizational structure of the department to maximize efficiency of operations; plans/schedules period -end and year-end closing dates for general ledger, purchasing/inventory and payroll applications. COMPARATIVE JOB DECRIPTIONS� Page 2 of 3 Account Supervisor (cont'd) Finance Director (cont'd) • Printing of monthly budget reports, Administers budget as approved/adopted by distributed to departments Council; monitors expenditures to ensure compliance with approved budget and with established policies and procedures. Provides financial information to City Administrator, City Departments; provides guidance/assistance to other departments on budget, accounting, purchasing, or other issues; responds to questions or complaints from City personnel regarding financial issues or department operations; provides information, researches problems, and initiates problem resolution. • Prepare and file various reports, Local Gas • Gather, verify and complete all necessary Tax, Hwy Report, Special Law Enforcement reports required. Oversees and coordinates Report processing of a variety of documentation associated with City financial operations and department operations, within designated timeframes and per established procedures. • Supervises, directs, and evaluates assigned • Supervises, directs, and evaluates assigned staff, processing employee concerns and staff, processing employee concerns and problems, directing work, counseling, problems, directing work, counseling, disciplining and completing employee disciplining and completing employee performance appraisals performance appraisals, conducts interviews and make hiring recommendations. • Coordinates long and short term financial plans, goals, and objectives for the City; develops budget forecasts; works with City Administrator on five-year capital improvement plans; conducts long-term financial planning; identifies and recommends funding sources and timeframes for capital projects • Work with City Administrator to stay abreast of State and local legislation which may affect the City; forecast its affects and communicate with City Administrator; analyze, review and monitor the effect on Revenues/Expenditures of the City. • Oversees investment, prepares and distributes investment reports to communicate status/results of investment activities; interacts with financial advisors as appropriate. COMPARATIVE JOB DECRIPTIONS� Page 3 of 3 Account Supervisor (cont'd) Finance Director (cont'd) • Development and implementation of policies and procedures pertaining to financial operations and activities; develops and implements internal control systems and procedures to reduce potential of errors; develops and updates travel policies, credit card policies and purchasing policies with approval of City Administrator. • Monitor and approves all outgoing wire transfers for payroll direct deposits, tax deposits, and other payments; ensures timeliness of transmissions; prepares direct deposit schedules and provides to banking institution. • Oversees and ensures proper application of code for issuance of Business Tax Receipt; research, review, and monitor BTR process for effective application; coordinate activities, review BTR's status; analyze, review and monitor policies/procedures; exchange information, resolve problems, or give/receive advice/direction. 3/8/2011 '""' City of OkeechobeeI IMarch - 2011 Compilation of comparable local governmental entities positions/salaries Entity _ ,Title Base'Salary Minimum Mid Paint Maximum 5 years exp. Clerk of Court-BOCC Director of Finance $ 66,835 $ 81,874 $ 96,912 Clerk of Court-BOCC Okeechobee Sheriff Office Senior Accountant Exec. Sec. $ 57,000 $ 60,752 $ 74,726 $ 88,177 Okeechobee School Board School Board Okeechobee Utility Authori Director of Finance Asst. Finance Director Director of Finance $ 75,300 $ 46,900 $ 66,477 $ 90,700 $ 58,100 $ 99,715 $ E84,100Okeechobee $ 300 Okeechobee Utility Authority Asst. Finance Director $ 43,306 $ 64,958 Comparables within the City to determine appropriate salary - comparative basis ;' Entity=. r Title/position "`. Base.Salary i3ase Salarjr 2011. tresenT Salary 2011 City of Okeechobee City Administrator $ 42,000 $ 74,035 $ 79,756 76% incr in base City of Okeechobee Police Chief $ 36,000 $ 55,576 $ 64,498 54% incr in base City of Okeechobee Fire Chief $ 32,000 $ 55,064 $ 60,209 72% incr in base City of Okeechobee Public Works Director $ 31,000 $ 52,154 $ 58,751 68% incr in base City of Okeechobee Finance Director $ 29,000 $ 48,720 av of above weighted at 68% City of Okeechobee Finance Director $ 29,000 $ 50,154 $2k less than lowest De t head City of Okeechobee Account Supervisor $ 35,461 1 $ 37.637 City of Okeechobee 2009-2010 Salary Step Plan Note: Cont'd through f/y/e 2011 annm 1 Position 1 2 3 4 5 6 7 8 9 11 12 13 14 15 CityAdministrator 1 74 035.41 75 145.95 76 273.14 77 417.23 78 578.49 $'79 757.17 $ 80 953.53 $ 82 167.83 83 400.35.35 184"651 85 921.12 87 209.94 88 518.09 89 845.86 91 193.55 Executive Secrets 1 $ 29 964.94 $ 30,414.41 $30 870.63 $31,333.69 $ 31,803.69 $ 32,280.75 $32764 96 $ 33256.43i $ 33 755.2861,61 $ 34 775.53 $ 35 297.17 $ 35 826.62 $ 36,364.02 $ 36 909.48 Finance Director 1 $ 50,000.00 E 50,750.00 E51,51125 E52,283.92 '"$'63,088t; E 53,864.20 E54,672.16 S55,492.25 S 56,324.6369.50 S 58,027.04 i 58,897.45 $ 59,780.91 E 60,677.62 E 61,587.79 Account Su ervisor 1 35 461.83 35 993.76 36 533.66 37 081.67 $ 37 6 38 202.46 38 775.50 39 357.13 39 947.4946.70 41 154.90 41 772.22 42 398.81 43 034.79 43 680.31 Admin $ect/Occ License 1 29 964.94 30 414.41 $30,870.63 $ 31 333.69 31 803.69 32 764.96 33 256.43 33 755.28 34 261.61 34 775.53 35 297.17 35 826.62 36 364.02 36 909.48 Account Clerk 1 $ 29 964.94 30 414.41 $30,870.63 6''$ 31 333.69 $ 3t 803.69 $32,280.75 32 764.96 33 256.43 $ 33 755.28 34 261.61 34 775.53 35 297.17 35 826.62 36 364.02 36 909.48 Administrative Secretary 1 29 325.20 29 765.08 $30,211.56 $30,664.73 $ 31 124.70 $31,591.57 32.065.451 $32,546.43 " $" 33 034.62 33 530.14 34 033.10 34 543.59 35.061.751 $ 35 587.67 36 121.49 General Svcs Coordinator 1 32 060.02 32 540.92 $33,029.03 $33,524.47 $34.0 $34,537.74 35.055.811 $35.581.65 $ 36 115.37 36 657.10 37 206.96 37 765.06 38.331.541 $ 38 906.51 39 490.11 Sec Rec t / Office Asst 1 13 879.91 14 088.10 $13,250.00 13 250.00 13 250.00 $13,250.00 13 250.00 13 250.00 13 250.00 13 250.00 13 448.75 13 650.48 13.855.241 $ 14 063.07 14 274.01 City Clerk / Personnel 1 45 331.85 $46,011.83 $46,702.00 $47,402.54 48 113.57 48 835.28 49 567.81 50 311.32 51 065.99 51 831.98 52,609.46 53 398.60 54 199.58 55 012.58 55 837.77 Deputy City Clerk 1 29 964.94 $30,414,41 $30,870.63 $31,333.69 31 803.69 $32.280.75 $33,256.43 33 755.28 34 261.61 $ 34 775.53 35 297.17 35.826.621 $ 36 364.02 36 909.48 Chief of Police 1 55 576.06 56 409.70 $57,255.84 58 114.68 58 986.40 59 8 60 769.26 61 680.80 62 606.02 63 545.11 65 465.76 66 447.74 67 444.46 68 456.13 Police Me or 1 $ 48 653.64 49 383.45 50 124.20 $50.876.06 51 639.20 .1.20 $52.413.79 6T- $53,998.00 $ 54 807.97 155,630.09 56 464.54 57 311.51 58.171.181 $ 59 043.75 59 929.40 Police Lieutenant 1 $ 42,623,24 43.262.591 $43.911.53 $44,570.20 45 238.75 $ 45 917 33 $ 46 606.09 $ 47 05.19 48.014.761 $ 48 734.99r. 49 466,01 50 208.00 50 961.12 51 725.54 52 501.42 Police Sergeant 4 $ 40 209.14 40 812.28 $41.424.47 $42,045.83 $42,676.52 "``43 316.67 $ 43 966.42 $ 44 625.91 45.295.301 $ 45 974.73 $ 46 664.35 47 364.32 $ 48 074.78 48 795.91 49 527.84 Police Detective 3 $ 37 647.80 38 212.52 38 785.71 39 367.49 39 958.01 40 557.38 $ 41 165.74 41 783.22 42 409.97 43 046.17 43 691.81° 44 347.19 $ 45 012.40 45 687.58 Police Officer Certified 10 $ 35 727.38 r 36,263.29 ' - 7 359.35 $37,919.74 $38,488.53 $39,065.86 $39,651.85' 40.246.631 $ 40 850.32 41 463.08 42 085.03 $ 42 716.30 43 357.05 44 007.40 Police Svcs Coordinator 1 29 682.86 30 128.10 $30,580.02 $31,038.72 $31,504.30 $31,976.87 32 456.52 $ 32 943.37 33.437.521 $ 33 939.08 34 448.17 $ 34 964.89 $ 35 489.36 36 021.70 36 562.03 Police Records Clerk 1 29 574.53 30 018.15 $ 30 468.42 30 925.45 31 389.33 $ 31 860.17 32 338.07 ` 32 82314' 33 315.48 33 815.22 34 322.45 34 837.29 35 359.85 35 890.25 36 428.60 Police /Fire Dispatcher 4 28 465.20 29 765.44 '$ 30`211.93' $ 30 665.11 31 125.08 31 591.96 32 065.84 2 546.83 33 035.03 33 530.55 34 033.51 34 544.01 Fire Chief / Code Officer 1 55 064.27M 55 890.24 56 728.59 57 579.52 $58,443.21 $59,319.86 $60,209.66 61 112.80 $ 62 029.49 62 959.94 63 904.34 64 862.90 65 835.84 66 823.38 67 825.73 Fire Assistant Chief 1 45 106.34V45,782.94 46 469.68 47 166.72 47 874.23 48 592.34 49 321.22 $ 50 061.04 $ 50 811.96 51 574.14 52 347.75 53 132.97 53 929.96 54 738.91 55 559.99 Cit En ineer 1 65 042.33 67 008.23 68 013.36 69 033.56 70 069.06 71 120.10 ' 72 186.90 $ 73 26970 74 368.75 75 484.28 76 616.54 77 765.79 78 932.28 80 116.26 Public Works Director 1 52 154.07 53 730.43 54 536.38 55 354.43 56 184.74 57 027.52 57 882.93 $ 58751.17 59 632.44 60 526.93 61 434.83 62 356.35 63 291.70 64241.07 Maintenance Foreman 1 $ 37 647.80 38 785.71 39 367.49 39 958.01 40 557.38 41 165.74 41 783.22 $ 42 409.97 43 046.12 43 691.81 44 347.19 45 012.40 45 687.58 46 372.90 E ui ment Mechanic 1 37 008.05 $38 126.62 38 698.52 39 278.99 39 868.18 40 466.20 41 073.19 $ 4L68929 42 314.63 42 949.35 $ 43593.59 44 247A9 44 911.21 45 584.88 Maintenance 0 erator 5 29 325.20 $30,664.73 $31,124.70 $31,591.57 32 065.45 ,43 `33 034:62 33 530.14 34 033.10 $ 34 543.69 35 061.75 35 587,67 36 121.49 Union Members Ste Plan $ $ $ $ Fire Assistant Chief 1 45 106.34 45 782.93 46 469.68 $ 47 166.72 47 874.22 48 592.34 49.321.22 50 061.04 50 811.96 51 574.13 52 347.75 $ 53 132.96 53 929.96 54 738.91 55 559.99 Fire Lieutenant 2 38 928.47 39 512.40 $ a0 105.09 40 706.66 41 317.26 41 937.02 42 566.08 $ 43 204.57 43 852.64 44 510.43 $ 45 178.08 45 855:75 $ 46 543.59 47 241.74 47 950.37 Firefighter / EMT 8 ';�W $ 34 963.41 1- 35 487.86 36 020.18 36 560.48 37 108.88 37 665.52 38 38 803.96 39 386.02 39 976.81 $ 40,576,461 $ 41 185.11 41,802.881 $ 42 429.93 reflects wage of current employee(s) in each position(s) EMPLOYEES NOT INCLUDED IN STEP PAY PLAN: MAYOR (1) $ 8,900.00 ANNUALLY INCLUDES $200 PER MONTH EXPENSE REIMBURSEMENT Council Members (4) $ 6,800.00 ANNUALLY INCLUDES $150 PER MONTH EXPENSE REIMBURSEMENT City Attorney (1) $ 40,000.00 ANNUALLY CONTRACT EMPLOYEE, SALARY SET EACH BUDGET YEAR Present P.. Starting base pay Pertt- Part Time School Crossing Guard (1) $ 10.00 $ 12.8015 HOURLY Part Time Secretary/Receptionist (1) $ 10.00 $ 10.2000 HOURLY Part Time Office Assistant (1) $ 10.00 $ 10.0000 HOURLY Part Time Code Field Rep. $ 10.00 $ 11.9754 HOURLY PLUS MILLAGE REIMBURSEMENT Part Time Code Field Rep. receive an add'I $.75 per hour per certification level received up to 3 certifications. Part time Certified Police Officer $ 15.00 HOURLY Vol. Firefighter -Non Certified $ 40.00 12 hour Shift Working on I or both Certifications Vol. Firefighter-Cert. EMT & Firefig $ 80.00 12 hour Shift "PROBATIONARY PAY IS $1,000 LESS THAN THE ANNUAL SALARY EXCEPT DEPARTMENT HEADS *POLICE & FIREFIGHTER NOT CERTIFIED, BEGINNING SALARY IS AN ADDITIONAL $1,000 LESS THAN THE PROBATIONARY PAY L DWIBIT 6 APBIL 5, 2011 ORIGINALLY DISTRIBUTED TO CITY COUNCIL MARCH 1, 2011 Draft Economic Impact Fee Mitigation Program For the purpose of this section, the term "qualified target industry business" shall mean a new or expanding business in the county that has a positive economic and fiscal impact on the county and meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target industry business. For the purpose of this section, the term "applicant" shall include any person, company, research institute or business park developer that will house qualified target industry businesses. Because the imposition of the impact fees herein may place Okeechobee County in a non- competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, there is hereby created an economic development impact fee mitigation program for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees. This program is not intended as an entitlement program. The program is intended to provide the board of county commissioners the opportunity in its sole discretion, to grant an impact fee mitigation to qualified target industry businesses. To be eligible for an economic development impact fee waiver, an applicant must meet the following requirements: Qualify as a qualified target industry business and create a minimum of ten (10) new jobs or a ten (10) per cent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least one hundred seven (107) per cent of Okeechobee County's average private sector wage ( excluding the top two (2) executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten (10) years; or 2. Qualify as a qualified target industry business and create a minimum of ten (10) new jobs or a ten (10) per cent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of one hundred (100) per cent of Okeechobee County's average private sector wage (excluding the top two executive salaries) and make a capital investment in the county of one million dollars ($1,000,000.00) million or greater in construction, renovations, equipment purchases, or other major capital investment items and remain in the county for a minimum of ten (10) years; and rM Enter into an agreement with the county wherein the applicant agrees to locate or expand its business operations to/within Okeechobee County for a period of at least ten (10) years. The agreement will also require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved. Any applicant seeking an economic development impact fee waiver shall file an application for waiver with the county administrator prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain: 1. A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the qualified target industry business is proposed to be located; 2. The name and address of the owner of the property upon which the qualified target industry business is proposed to be located; 3. Proof that the capital facilities impact construction will be a qualified target industry business; 4. A notarized affidavit and all necessary supporting evidence affirming that the requirements of above will be met within one (1) year of the date the certificate of occupancy is issued which term may be extended by the board of county commissioners upon good cause shown; and 5. Other necessary information as determined by the county administrator. Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed herein. Should the board of county commissioners approve and accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner. If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible for one of the following: 1. If the applicant qualifies under subsection above, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: NOW Number of Jobs Per Cent of Average Private Sector Created Wage Waiver Amount Minimum of 10 107% plus benefits $3,500 per job created Minimum of 10 150% plus benefits $5,000 per job created Minimum of 10 200% plus benefits $7,500 per job created 2. If the applicant qualifies under subsection above, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however that the board may increase these mitigation amounts in the event the applicant exceeds these requirements: Number of Jobs Created Total Capital Investment Waiver Amount Minimum of 10 $1,000,000 to $4,999,999.99 20% of total county impact fees Minimum of 10 $5,000,000 to $9,999,999.99 30% of total county impact fees Minimum of 10 $10,000,000 to $14,999,999.99 40% of total county impact fees Minimum of 10 $15,000,000 to $19,999,999.99 50% of total county impact fees Minimum of 10 $20,000,000 or more 60% of total county impact fees 3. Each applicant shall only be eligible for mitigation under either subsection, but not both. In order to provide some protection to the overall health of the community a claw back provision is required. Clawback provisions have been implemented in a number of communities across the US whereby the poor economy has communities thinking about how the tax breaks they dole out will play with residents who have grown increasingly angry at the thought of anything that hints of corporate welfare. Some of the provisions have required a company to refund the respective year's tax abatement if the number of employees falls below a given level as mutually decided upon. Another provision provides for a company to refund the full tax abatement (full time period which was originally allocated or negotiated) if the employment levels fall below the lowest threshold as mutually agreed upon. This simply protects the community from having a company leave a skeleton crew at the location to avoid paying taxes. If the county/city administrator finds that the applicant meets the requirements provided herein for mitigation, the county/city administrator shall agenda an impact fee mitigation agreement before the board of county commissioners or city council, which shall contain, but not be limited to, the Okeechobee County/City impact fee mitigation application for qualified target industries and any other documents as requested by the county administrator. Because this program is not an entitlement program, the board may reject the request for mitigation without cause. Any request for economic development impact fee mitigation must be submitted to the county/city by the applicant prior to the applicant deciding whether or not they will expand or locate in Okeechobee County/City. Ire F�� r {� �� ��0-UA E4 rx City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhiteha1&,,cityofokeechobee.com * * * *Memorandum 1915' Date: Apr 5, 2011 TO: Mayor and City Council FR: Admin Brian Whitehall RE: Impact fee moratorium Viscu+on The attached reflects the revenue the City has collected to date on Impact fee. The only expenditure made by the City was the appropriate share of the Fire Dept Brush truck, estimated at $22,412, which is 30% or the purchase price of $74,700. Attached please find an example of a pending impact fee charge, which illustrates again the disparity between the City and County. In this case, the city will receive $2106 and the County $49,578 (n/I admin fees) I've also attached the discussion points made in the activity report, particularly as they relate to a mitigation process. In the event that a moratorium is decided upon, my guess is that it will necessitate an ordinance. I have given an example of the ordinance to Atty Cook. IIPawgc V.► Impact Fees Collected as of March 31 st, 2011 Law Name Admin Fee Enforcement Fire Protection Transportation State Farm $ 105.45 $ 114.00 $ 254.60 $ 475.00 Jersey Mikes $ 139.44 $ 127.40 $ 107.80 $ 72.80 Southeast Milk $ 58.22 $ 64.80 $ 234.00 $ 637.20 Southeast Milk $ 19.40 $ 21.60 $ 78.00 $ 212.40 Park Place (Hampton Inr $ 4,126.80 $ 15,330.00 $ 28,220.00 $ 15,045.00 FY 2007/2008 $ 4,449.31 $ 15,657.80 $ 28,894.40 $ 16,442.40 Blaine Ellison $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 199.80 $ 216.00 $ 482.40 $ 900.00 Smith, Rosa $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 87.52 $ 798.60 $ 950.40 $ 1,168.20 Shoppes on Boardwalk $ 9.99 $ 45.00 $ 100.50 $ 187.50 New American Physical $ 38.63 $ 174.00 $ 388.60 $ 725.00 FY 2008/2009 $ 726.53 $ 1,945.60 $ 2,731.90 $ 4,470.70 ALF/VNA $ 283.18 $ 754.00 $ 4,368.00 $ 4,317.20 AMSA Holdings $ 109.16 $ 244.00 $ 1,219.70 $ 2,175.00 Shoppes on Boardwalk $ 31.12 $ 114.00 $ 490.20 $ 433.20 Neal Long Duplexes $ 372.00 $ 1,120.00 $ 3,160.00 $ 8,120.00 BOCC-EOC $ 70.60 $ 318.00 $ 710.20 $ 1,325.00 Shoppes on Boardwalk $ 17.16 $ 236.60 $ 200.20 $ 135.20 Walpole Inc. $ 27.03 $ 61.20 $ 238.00 $ 601.80 Big Lake Eye Care $ 53.84 $ 395.00 $ 492.10 $ 907.50 Family Heritage $ 13.32 $ 60.00 $ 134.00 $ 250.00 Loumax Dev-Warehouse $ 56.94 $ 131.40 $ 474.50 $ 1,292.10 FY 2009/2010 $ 1,034.34 $ 3,434.20 $ 11,486.90 $ 19,557.00 United Feed -Warehouse $ 93.60 $ 216.00 $ 780.00 $ 2,124.00 Mossel, Roland $ 111.60 $ 336.00 $ 948.00 $ 2,436.00 FY 2010/2011 YTD $ 205.20 $ 552.00 $ 1,728.00 $ 4,560.00 Total each Dept. $ 6,415.39 $ 21,589.60 $ 44,841.20 $ 45,030.10 Grand Total (not including admin fees) $111,460.90 0 :CEIPT 3/5/2011 Permit # Contractor Parcel ID# Use Bank SQ. FT. 6,020 Number of Units Number of Beds Schools X '—ity Fire Department 6 X amity Law Enforcem't 6 X :;ity Public Works 6 X :,ounty Road 6 X :,o. Fire and Rescue 6 X :,o. Corrections X N/A equals Total 1144.00 equals $30.00 equals $177.00 equals Add Lines 4-6 Add Line 2 Sub total Lines 7&8 $8,187.00 equals $76.00 equals equals Add Lines 10-12 Add Line 9 Total Lines 13&14 $864.00 $180.00 $1,062.00 $2,106.00 $0.00 $2,106.00 $49,122.00 $456.00 $0.00 $49, 578.00 $2,106.00 $51,684.00 3% Admin Fee of Line 15 $1,550.52 Grand Total Lines 16 & 17 $53,234.52 Total Fees Collected $ Date Signature 03 TO: Mayor and City Council Okeechobee FR: City Administrator Florida RE. Impact fee discussion From April 5, 2011 Activity report — Impact fees — Apparently, the County hasn't addressed the impact fee moratorium issue to date (not on their 3/31 agenda). As you recall, the City has discussed the matter a few times the last being the March 1st meeting. At that meeting, the Council seemed to entertain investigating a fee mitigation process for a target business group based on employment or capital investment criteria. Originally, 1 was concerned about the legality of doing that but have now found that others apparently do it, the closest of which is Martin County. When reading the Martin County Ordinance, an issue continues to bother me. It states that `any funds withdrawn from the Economic Development Fund to pay for impact fee mitigation shall be replenished by the County from available funds'.Available funds (in a diff section) refers to 'any incentive approved pursuant to the Economic Development Impact Fee mitigation shall be paid from the ED Fund, whose funding sources shall include any legally available funds, but shall not include impact fees.' I received clarification from the Martin County Budget Dept as to interpreting the above and have confirmed that there is a City liability to reimburse the Impact Fee Fund in the amount of what is being abated for the targeted business. reviewed the targeted business concept with Walter Keller, the City/County/School Impact fee consultant and his immediate impression was that "selectivity lessens defensibility". He agreed with the interpretation that an abatement of fees for a targeted business results in the City being required to replenish the Impact fee Fund an equal amount. In conclusion - With what I know now, if the Council were so inclined, I would personally advocate an impact fee moratorium, either 100% for all businesses or a percentage thereof, rather than selective targeted business mitigation, because the City would have difficulty w/ the reimbursement method used in the Martin County example. That is probably why our survey reflected several communities that simply placed a moratorium on the fees. Have placed the matter back on the Agenda. Besides, a quick glance at the fee schedule reflects 'minimal' fees for Industrial. Here's an example of rates for a manufacturing concern: City - $265/1000sq ft (40,000sq ft bldg (Olde Tyme) - $10,600) County - $215/1000sq ft (40,000sq ft bldg - $8,600) Commercial, retail, office and some residential fees are where there is a big discrepancy between the City and County, not Industrial. I might add that the State has a cpl of proposals to initiate a moratorium statewide. Page 1 CA ts}r 11—+1LCj r h 4 1 o u lte o N �w 6A&a" CAS m- 6 City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehallCaWOofokeechobee.com * * * *Memorandum '�7915° Date: Apr 5, 2011 TO: Mayor and City Council r 1-1 FR: Admin Brian Whitehall - RE: Impact fee moratorium Vliscus�ion The attached reflects the revenue the City has collected to date on Impact fee. The only expenditure made by the City was the appropriate share of the Fire Dept Brush truck, estimated at $22,412, which is 30% or the purchase price of $74,700. Attached please find an example of a pending impact fee charge, which illustrates again the disparity between the City and County. In this case, the city will receive $2106 and the County $49,578 (n/I admin fees) I've also attached the discussion points made in the activity report, particularly as they relate to a mitigation process. In the event that a moratorium is decided upon, my guess is that it will necessitate an ordinance. I have given an example of the ordinance to Atty Cook. 1111at,-,e w Impact Fees Collected as of March 31 st, 2011 Law Name Admin Fee Enforcement Fire Protection Transportation State Farm $ 105.45 $ 114.00 $ 254.60 $ 475.00 Jersey Mikes $ 139.44 $ 127.40 $ 107.80 $ 72.80 Southeast Milk $ 58.22 $ 64.80 $ 234.00 $ 637.20 Southeast Milk $ 19.40 $ 21.60 $ 78.00 $ 212.40 Park Place (Hampton Im $ 4,126.80 $ 15,330.00 $ 28,220.00 $ 15,045.00 FY 2007/2008 $ 4,449.31 $ 15,657.80 $ 28,894.40 $ 16,442.40 Blaine Ellison $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 199.80 $ 216.00 $ 482.40 $ 900.00 Smith, Rosa $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 87.52 $ 798.60 $ 950.40 $ 1,168.20 Shoppes on Boardwalk $ 9.99 $ 45.00 $ 100.50 $ 187.50 New American Physical $ 38.63 $ 174.00 $ 388.60 $ 725.00 FY 2008/2009 $ 726.53 $ 1,945.60 $ 2,731.90 $ 4,470.70 ALF/VNA $ 283.18 $ 754.00 $ 4,368.00 $ 4,317.20 AMSA Holdings $ 109.16 $ 244.00 $ 1,219.70 $ 2,175.00 Shoppes on Boardwalk $ 31.12 $ 114.00 $ 490.20 $ 433.20 Neal Long Duplexes $ 372.00 $ 1,120.00 $ 3,160.00 $ 8,120.00 BOCC-EOC $ 70.60 $ 318.00 $ 710.20 $ 1,325.00 Shoppes on Boardwalk $ 17.16 $ 236.60 $ 200.20 $ 135.20 Walpole Inc. $ 27.03 $ 61.20 $ 238.00 $ 601.80 Big Lake Eye Care $ 53.84 $ 395.00 $ 492.10 $ 907.50 Family Heritage $ 13.32 $ 60.00 $ 134.00 $ 250.00 Loumax Dev-Warehouse $ 56.94 $ 131.40 $ 474.50 $ 1,292.10 FY 2009/2010 $ 1,034.34 $ 3,434.20 $ 11,486.90 $ 19,557.00 United Feed -Warehouse $ 93.60 $ 216.00 $ 780.00 $ 2,124.00 Mossel, Roland $ 111.60 $ 336.00 $ 948.00 $ 2,436.00 FY 2010/2011 YTD $ 205.20 $ 552.00 $ 1,728.00 $ 4,560.00 Total each Dept. $ 6,415.39 $ 21,589.60 $ 44,841.20 $ 45,030.10 Grand Total (not including admin fees) $111,460.90 :CEIPT 3/5/2011 Permit # I I Contractorl Parcel ID# Use Bank SQ. FT. 6,020 Number of Units Number of Beds Schools X City Fire Department 6 X City Law Enforcem't 6 X City Public Works 6 X County Road 6 X Co. Fire and Rescue 6 X Co. Corrections X N/A equals Total $144.00 equals $30.00 equals $177.00 equals Add Lines 4-6 Add Line 2 Sub total Lines 7&8 $8,187.00 equals $76.00 equals equals Add Lines 10-12 Add Line 9 Total Lines 13&14 3% Admin Fee of Line 15 Grand Total Lines 16 & 17 Total Fees Collected 1$ Date Signature $864.00 $180.00 $1,062.00 $2,106.00 $0.00 $2,106.00 $49,122.00 $456.00 $0.00 $49, 578.00 $2,106.00 $51,684.00 $1,550.52 $53,234.52 03 TO: Mayor and City Council Okeechobee FR: City Administrator Florida RE. Impact fee discussion From April 5, 2011 Activity report — • Impact fees — Apparently, the County hasn't addressed the impact fee moratorium issue to date (not on their 3/31 agenda). As you recall, the City has discussed the matter a few times the last being the March 1st meeting. At that meeting, the Council seemed to entertain investigating a fee mitigation process for a target business group based on employment or capital investment criteria. Originally, I was concerned about the legality of doing that but have now found that others apparently do it, the closest of which is Martin County. When reading the Martin County Ordinance, an issue continues to bother me. It states that `any funds withdrawn from the Economic Development Fund to pay for impact fee mitigation shall be replenished by the County from available funds'. Available funds (in a diff section) refers to `any incentive approved pursuant to the Economic Development Impact Fee mitigation shall be paid from the ED Fund, whose funding sources shall include any legally available funds, but shall not include impact fees., I received clarification from the Martin County Budget Dept as to interpreting the above and have confirmed that there is a City liability to reimburse the Impact Fee Fund in the amount of what is being abated for the targeted business. I reviewed the targeted business concept with Walter Keller, the City/County/School Impact fee consultant and his immediate impression was that "selectivity lessens defensibility". He agreed with the interpretation that an abatement of fees for a targeted business results in the City being required to replenish the Impact fee Fund an equal amount. In conclusion - With what I know now, if the Council were so inclined, I would personally advocate an impact fee moratorium, either 100% for all businesses or a percentage thereof, rather than selective targeted business mitigation, because the City would have difficulty w/ the reimbursement method used in the Martin County example. That is probably why our survey reflected several communities that simply placed a moratorium on the fees. Have placed the matter back on the Agenda. Besides, a quick glance at the fee schedule reflects `minimal' fees for Industrial. Here's an example of rates for a manufacturing concern: City - $265/1000sq ft (40,000sq ft bldg (Olde Tyme) - $10,600) County - $215/1000sq ft (40,000sq ft bldg - $8,600) Commercial, retail, office and some residential fees are where there is a big discrepancy between the City and County, not Industrial. I might add that the State has a cpl of proposals to initiate a moratorium statewide. Page 1 Brian Whitehall From: Brian Whitehall[bwhitehall@cityofokeechobee.com] Sent: Thursday, March 17, 2011 1:36 PM To: Councilman Clayton Williams; Councilman Devin Maxwell; Councilman Dowling Watford; Mayor James Kirk Cc: 'Robin Brock'; 'India Riedel' Subject: FW: Impact Fee Reductions Good afternoon — While continuing to investigate Impact fee moratorium effect on building permit activity I was forwarded the link below to a pdf file of a power point presentation of a study that was developed on the west coast. The power point reflects a few noteworthy issues. - 'The eventual sample size was narrowed to 18 primarily growth Counties. 5 U K E One observation was that permits declined more in counties that reduced their Impact fees ,Vo-r hErr: —In fact, bigger fee reductions = greater decline in permitting activity. The study concluded that there was basically no correlation between reducing fees and issuing more permits. 'DeVc—Nq.g wke7y� y&-c- r- t - I16. �_S 4 rt&-rJ My observation is the same as it was prior to reading this report ... the economy, not the impact fees, jurisdicts the building activity. The conclusion that a bigger fee reduction equals a greater decline in permitting activity (which seems contradictory and is part of this study) simply bears this out. You can conclude that counties which are/were experiencing greater economic distress and therefore reducing their impact fee assessment to counter that economy realized even greater reductions in permitting activity... which, in my opinion, and based on this study, would've materialized anyway. From: Jeffrey L. Hays [mailto:jhays@alachuacounty.us] Sent: Tuesday, March 15, 2011 10:52 AM To: kmiles@co.okeechobee.fl.us Cc: Jonathan B. Paul Subject: Impact Fee Reductions Kelly, Here is the presentation I was referring to... http://growthandinfrastructure.org/proceedings/2010 proceedings/reductions.pdf Dr. Nicholas is considered one of the founding fathers of impact fees and quite the expert on the subject. Jeff Hays Senior Transportation Planner Alachua County Growth Management ihays@alachuacounty.us phone: 352-374-5249 fax: 352-338-3224 Do Fee Reductions Stimulate Growth? Evidence from Florida 2010 Growth & Infrastructure Consortium, Tampa, FL Clancy Mullen Dr. James C. Nicholas Collapse of Housing Bubble 18,000 16,000 14,000 12,000 10,000 8,000 6,000 0 Monthly Single -Family Building Permits, Florida, 1996-2010 as +� as as ca ca � � sa ca as as � ea duncan I associates Political Pressure to Reduce Fees ■ Developers more aggressive Li Desperation: few projects still in process can't compete with failing prices of existing homes, trying to cut all costs possible ■ Opposition to growth weakened ❑ Taxes on existing residents no longer going up because of unbridled growth; collapse of housing bubble has created more visible problems dunoan I associates Arguments for Fee Reductions ■ Need to be competitive to attract development . �,*- Li Developers & businesses will go where fees are lowest ,.L �//,-, 0 - P4 �© ■ New housing can't co ; ete with a 'sting housing ■ Mi ht stimulate construction and create jobs d��Wt have we got to lose? (revenue low) Li "If don't try it, we won't know ❑ "Worth it if it creates even one job ■ If it doesn't appear to have worked... C) ❑ We don't know how much worse it would have been ❑ We will be positioned for the recovery V I I I h A- IDS Z r dunsan I associates Arguments Against Fee Reductions ■ Impact fees have never been shown to deter growth ❑ Development follows market opportunity, not lowest costD -per O _ ❑ National chains not deterred by fees; "mom & pop" stores rentoolr SO WM. �� %*%AU ❑ Industries want good transportation, labor force, low operating costs _ �"f9�4`� S &-L) -Lkd T�G�14,o� A- S - 5 Awe 6 4 . ■ Impact fees are visible, but not on y development costs I 1 ❑ Developers will continue to make road and other improvements 4::JY ��� W ■ If it does work, it will only make things worse ❑ Increase housing oversupply; depress housing prices A" � ■ Reducing/suspending impact fees will create inequities / ❑ Builders who have paid fees competing with builders who did not p g ■ Fundingfor growth -related improvements will shrink be-c�,aus� g p 4#.5 �W-zo, lie duncsrn I assoclates 9-1. So Who is Winning the Argument? FL County Fee Reductions/Suspensions ■ Brevard Co. - suspended road fees for 2 years, March 2009 ■ Charlotte Co. - rollback fees 2/3 eff. January 2008 ■ Citrus Co. - reduced road fees 50% Jan. 2009; suspended April 2010 ■ Clay Co. - adopted/suspended road fees for 2 years, eff. January 2009 ■ Collier Co. - road & park fees reduced; school fees halved, Oct. 2010 ■ Columbia Co. - fees adopted Feb. 2008; suspended Jan. 2009 ■ DeSoto Co. - all fees suspended 2 years, January 2008 p " v- ■ Glades Co. - all fees suspended, Nov. 2008 � vTth -- 01<w%r - ■ Hendry Co. -all fees suspended, Sept. 2008 r0w*-4- Ck"re' ■ Hernando Co. - fees rolled back to 2001 levels, Dec. 2009 ■ Highlands Co. - all fees suspended, July 2009 Omntlr' 01"c' ■ Indian River Co. - suspended some fees, March 2009 �jr,-W ■ Lake Co. - road fees suspended March 2010 ■ Manatee Co. - road fees halved, school fees suspended, Jan. 2009 ■ Marion Co. - road fees suspended, January 2010 ■ Martin Co - all fees suspended except roads & schools, July 2009-Oct. 2010 ■ Nassua Co. - all fees suspended except schools, July 2008 ■ Polk Co. - cut all fees but schools 50%, April 2009 j LL s ■ Putnam Co. - all fees suspended, March 2009 ■ Santa Rosa Co. - suspended road fees, Feb. 2009 ■ Wakulla Co. - suspended fees Sept. 2008 - reinstated March 2010 0 t�� (;;T, . associates FL County Fee Reductions/Suspensions $25,000 $20,000 $15, 000 $10,000 $5,000 $0 `Ja aL Ocs 0 t�o sZs _a y 7E mo (z'j p`p=C C7 OL�Za3s ausss xaCca Owa 4a V1s -a +O O> p0m+,= a_ C a= _O= piQ� aa - w0s> a s O� }a atm CL 00Q v0 o v N y c a dunduncan I associates FL County Fee Reductions/Suspensions 2.5 2.0 0 Reduction Counties 0 E3 Non -Reduction Counties 1.5 '4= 2 CL 1.0 0 oa 0.5 0.0 MEME 1 E 0 c 'z* c -uO :lv Oc v>- W a 4' Oz w w 0 c 0 0 0 —0 -a w W 0 m m -c -a :3 w -C 0 v _j C E c C c 0 C E -a CC ICU Ic- _0 11 C C 0- w p 0 :3LL s a= G .-j 41 a C 0 CO 0 0 CL m C (D E L) dun can I associates FL County Fee Reductions/Suspensions F—I Fee Reduction Counties 1-1 Non -Reduction Counties Collier Co. reduced fees Oct. 2010 Martin Co. suspension Sjf,4 e-ev expired Oct. 2010 CO �✓ Based on 2007-2010 Change in F es dunc'ain I associates Research Design ��-�,��, �,�ly /C,C_C_ �_ 'CL__ �/ 5U-4.j- - m Time periods ❑ Fee -reduction period: 19 months (Jan. 2008-July 2009) during which a number of counties reduced their fees Lj Year before fee -reduction period: 2007 calendar year Lj Year after fee -reduction period: Aug. 2009-July 2010 • Change in single-family fees u Total non -utility fees (water/wastewater excluded) ot)p_ OuA Al • Percent change in single-family permits � w-uv5) ...� ��� ; 1, dunoon I associates State -Wide Context Monthly Single -Family Building Permits, Florida, 1996-2010 iA b east duncen I associates Sample Selection m Starting point Li 42 counties that charged fees in 2007 ■ Exclusions u 2 counties that adopted and suspended fees during the period ❑ 1 county that reduced fees, then increased them w ❑ 3 counties that reduced fees after the period u 8 counties with relatively low fees in 2007 Li 6 slow -growth counties Ej 2 counties for which building permits were not available dunoan I associates Sample Counties 11 ■ 9 fee reduction counties ❑ Brevard, Charlotte, Citrus, Highlands, Indian River, Manatee, Martin, Nassau, Polk ■ 11 non -reduction counties ❑ Collier, Lee, Miami -Dade, Orange, Osceola, Palm Beach, Pasco, Sarasota, St. Johns, St. Lucie, Volusia dunoon I associates Sample County Characteristics ■ Population size and growth • Fee reduction counties tend to be smaller (average 2008 population of 247,000 vs. 742,000) o Both types of counties grew about 20% from 2000-2008 ■ Single-family fees u All sample counties charged at least $6,000 in 2007 Li Fee reduction counties tended to have lower fees in 2007 (average of $9,849 vs. $12,631) u Fee reduction counties reduced fees an average of $4,000 ■ Single-family permits u Permits declined more in reduction counties (60% vs 56%) v O 61 � �,r�,c�s �s -6k&*7 &v�'G 1rrt a Ili ►a- � p&,v r-brt- dunoan I associates a Initial regression analysis w Not statistically significant 10% • Slope of line in expected 0% direction (bigger fee reduction -10% W lower decline in permits) -20% .4 .30% • Explains only 1 % of variation E -40% Li 64% chance of random result .50% ci Manatee County is a major -60% U 70% outlier distorting the O-Z , -80% relationship -90% -100% 412,000 -$81000 -$4,000 $0 $4,000 $8,000 Change in Single- Family Impact Fee dunoon I associates Excluding Manatee County ■ Statistically significant o Slope of line in opposite direction (bigger fee reduction = greater decline in permits) L3 Explains 22% of variation Li 4% chance of random result m Conclusion Li No correlation between reducing fees and issuing more permits C kA -20% -30% 7 40% .50% E (D CL -60% r_ -70% U .R .80% -90% ................ ......................... . ... . ............ .................. . .................... ........................... . ............. ............................................... -100% -$6,000 -$4,OW -$2,000 $0 $2,000 $4,000 $6,000 $8,000 Change in Single -Family Impact Fee VA- I uj A-1 -S M jAr K L� du oan I asmiah" But What's with Manatee? 1,800 += 1,600 E L a 1,400 'E 1,200 ti 4) 1,000 75) c 800 Vi 600 C ; 400 200 0 W 0 i = L73 = i d O dunc�n I associates v.r .rr The Updates! ^ F^ from the City Administrator's Desk SS SE 3Yd Av., Okeechobee, FL 34974 City Hall — 763-3372 City Council meeting of April 5, 2011 Impact fees — Apparently, the County hasn't addressed the impact fee moratorium issue to date (not on their 3/31 agenda). As you recall, the City has discussed the matter a few times the last being the March 1st meeting. At that meeting, the Council seemed to entertain investigating a fee mitigation process for a target business group based on employment or capital investment criteria. Originally, I was concerned about the legality of doing that but have now found that others apparently do it, the closest of which is Martin County. When reading the Martin County Ordinance, an issue continues to bother me. It states that `any funds withdrawn from the Economic Development Fund to pay for impact fee mitigation shall be replenished by the County from available funds ' . Available funds (in a diff section) refers to 'any incentive approved pursuant to the Economic Development Impact Fee mitigation shall be paid from the ED Fund, whose funding sources shall include any legally available funds, but shall not include impact fees., I received clarification from the Martin County Budget Dept as to interpreting the above and have confirmed that there is a City liability to reimburse the Impact Fee Fund in the amount of what is being abated for the targeted business. I reviewed the targeted business concept with Walter Keller, the City/County/School Impact fee consultant and his immediate impression was that "selectivity lessens defensibility". He agreed with the interpretation that an abatement of fees for a targeted business results in the City being required to replenish the Impact fee Fund an equal amount. In conclusion - With what I know now, if the Council were so inclined, I would personally advocate an impact fee moratorium, either 100% for all businesses or a percentage thereof, rather than selective targeted business mitigation, because the City would have difficulty w/ the reimbursement method used in the Martin County example. That is probably why our survey reflected several communities that simply placed a moratorium on the fees. Have placed the matter back on the Agenda. Besides, a quick glance at the fee schedule reflects 'minimal' fees for Industrial. Here's an example of rates for a manufacturing concern: City - $265/1000sq ft (40,000sq ft bldg (Olde Tyme) - $10,600) County - $215/1000sq ft (40,000sq ft bidg - $8,600) Commercial, retail, office and some residential fees are where there is a big discrepancy between the City and County, not Industrial. I might add that the State has a cpl of proposals to initiate a moratorium statewide. Page 1 0 415111 Activity Rpt Cont d - • Personnel — hiring permanent part-time custodian — The City currently has a contract for janitorial services at an annual fee of $20,556 ($1713/month) and we would like to consider terminating that contract and utilizing the same (approx) budgeted amount. The budgeted amount gives the City the financial latitude to practically hire a full time person at the part-time rate of $10/hr, but our intention is about 20 hours/week, ex. 3 hours weekdays and 5 hours Saturday. The City would realize some added costs in maintenance supplies. I've attached a job description sheet and would direct your attention to the expanded definition to incl ground maintenance -type work. The hiring is being placed on the Agenda. • Personnel — Seasonal Part-time Maintenance Operator — The Public Works Dept lost one employee effective 12/31/11 to retirement and it's my intention to replace him with two part-time people (at $10/hr) at least for the summer. I'm supplying you with the budget related logic here below: Pay or Benefit hourly % of Payroll 2011 Flat Amount 2080 Rate of pay 16.6074 $ 34,543 Social Security 1.0297 6.20% $ 2,142 Medicare 0.2408 1.45% $ 501 Work Comp 0.6145 3.70% $ 1,278 Retirement 2.159 13.00% $ 4,491 Health Benefits $ 6,628 Life & Disability $ 320 Holiday 0.7025 4.23% $ 1,461 Sick Leave Benefit 0.7025 4.23% $ 1,461 Annual Leave Benefit 0.7025 4.23% $ 1,461 total 22.7589 $ 54,287 At the end of the summer we will evaluate the two employees and contemplate keeping one as full time or release both, whichever is in the best interest of the City. I've attached a job description page for the position(s) and placing the matter on the Agenda. • Finance Director Position on Agenda — Prior to the last meeting, I distributed supporting information for the re- implementation of the Finance Director's position. A couple of issues have materialized since then: - Should the City take applications for the position? The City does not take applications for any other promotion -oriented moves, such as promotions in rank within the Police Dept or Fire Dept. While the Finance Dir position has been vacant for the last few years, I would construe this to be a similar type of promotion. - What about budgeting for this position? I've advocated in the past that no budget related personnel changes be made in mid -year, unless Page 2 415111 Activity Rpt Cont'd - Finance Director cont'd there is an emergency -necessary expenditure, which is not the case here. My recommendation is that India Riedel be promoted to Finance Director immediately and that the position be funded to the extent mentioned in the 3/7/11 memo effective 10/1 /11. Naturally, if you have questions, please advise. • Resolution regarding the US Fish & Wildlife Refuge and Conservation Area - I was prompted to prepare the Resolution, incl on the Agenda, to express the City's continued interest in this process. • Bike Fest - T Burroughs has asked to be on the Agenda to request closing SW 2"d, 3rd and 4th Avenues for the May 7 event. • Water Supply 10-yr Plan Ord #1056 - was passed at the last Council meeting. Immediately after passing the Plan, I was advised by Gary Ritter that there was an erroneous table in the plan that needed to be modified. According to Bill Royce, the table contains some statistical info that doesn't appear to alter the policies and objectives of the Plan. Will advise as soon as I have same. • Evaluation and Appraisal Report (EAR) - Rec'd a 3/18/11 letter, attached, from DCA, approving the EAR and acknowledging that the City may proceed with the EAR -based amendments. • City Hall remodel - As mentioned before, the Finance Dept lobby area remodel, to accommodate the City Hall/Fire Dept computer server area, is still being reviewed. • CDBG Housing Rehab - the City reed a Feb 18'h letter from DCA, confirming that there were no outstanding issues associated w/ the Jan 11 rn site visit. I think we are closing in on official approval. • Sign Ord - As a result of a prior meeting's discussion, I propose that the sign provisions of the Code dealing with the running/apparent moving/blinking etc. variety of sign be prohibited completely (except time/temp and barber type) with the existing ones being `grandfathered' in. City Attorney/litigation issues: • Chamber eviction - The Chamber continues to demonstrate obstinance with a request to the court to deny the City's ability to admit extrinsic/parol evidence which in this case amounts to the summons and eventual testimony of Judge Jerry Bryant (City Atty at the time the lease was executed) as attached. • Carter Pritchett Advertising v. City billboard issue - Rec'd a letter dated 12127/10 from Atty Bob Shearman, representing the City, that Atty Steve Ramunni essentially said they can't move the proposed location easterly and proposed the City accept a 20 year (vs 10 year) period before non-conformance is initiated. As soon as we converse w/ the Attorneys, we will set up a meeting w/ the City Council. City Clerk: • Procedure in the event of an election tie - Investigation continues. Page 3 L___J virr 415111 Activity Rpt Cont d — Finance: • Investment Policy — We've done additional research on same. Robin compiled a definitions report on various investments that I'm filtering through to assist in identifying the options we wish to end up with. General Services: • Street Sweeping- The $40, 500 contract expires June 1, last bid in June of 2006. Police: Activity Reports: 2010 Summary of activity is attached. ➢ Feb 2011 report summary: Total calls-555, Arrests-21,Traffic citations-71 Traffic warnings-57 Also find attached is a February staff report Pain clinics — In May 2010 the City adopted a 1-yr moratorium on pain clinics in hopes of Florida passing a statewide restrictive law. Nothing productive has come out of the State and we are working on our own ordinance. SLERS radio system - there was an organizational meeting on March 24, and we've been told that by July all the new radios will be installed. I have some heartburn about the process, including cost which is a little vague. I have an analysis that's about 6 months old. But, the installation has given rise to a few hiccups that may escalate the cost such as pagers for the Fire Dept. or scrambling frequencies. Public Works/Engineering: • Storm Sewer repairs at SW 2nd Ay and 8th St - The City crews have put in much work to repair what has been a chronic sewer infiltration problem here. We hope it's repaired, but at best it's a temporary fix and we will probably have to address budgeting a sewer replacement or form fit insertion repair. • Street striping - We ordered 20 gallons of thermoplastic paint (at $101/5 gal) to apply ourselves using our own striper. If we experience no issues w/ the application we will calculate the per foot rate to determine cost effectiveness. • SW 11 to Street dry retention area —As part of a County 2008 hurricane disaster mitigation CDBG we met with the County back in Dec 2009 to consider any applicable City initiatives. With the criteria described, we arrived at two projects. SW 21 st Storm sewer project and the 200 block of SW 11 to St. At an estimated $20,000 the project seemed doable and it is now finally being brought to the forefront as a county constructed project. Essentially the ROW will be excavated and replaced with a dry retention area. The city expects to then come in and install a sidewalk along the south side of the ROW. • SW 21 St Street Storm Sewer project - I believe I reached each of you to advise that funding for this project hit a snag, in as much as the County Commissioners felt the City should contribute to unanticipated added engineering expense. I've advised that the City didn't budget for the Page 4 4/5/11 Activity Rpt Cont'd — SW21st Storm Sewer project Cont'd r.r project and would have a hard time approving funding. It is hoped the project bids come in less than budgeted by the grant and the extra costs will be absorbed. The $400k+/-, 4-5 month project will be constructed by the County. Park at SE e Av & 7rh St — As you recall, Gary Ritter expressed assistance if/when we request a dock -like platform around the park. On the south side of the proposed park (east of the lift station) there is an open ditch that we are installing a pipe in to alleviate water standing and improve maintenance. Commerce Park lakes and wetland — On 2/11/11 staff, incl Councilman Maxwell, met with SFWMD reps and Gene Schriner, CAS, to discuss SFWMD's lack of certifications nec to `complete' the Park construction approval process We have discussed the matter w/ CAS since and they have produced some documentation. After we solicit CAS for all the info they have, we will by process of elimination, solicit similar as built certification from AECOM and Surveyor Leland Dyals. Warehouse at the City garage facilities — The contract has been executed and the contractor, KST constriction, has ordered the building. The City has done a geotechnical (boring) study and will apply the results to our compaction process, which should be underway as soon as KST provides the building plans. Other notes: • During this slow economic time, staff has rec'd written instruction to 'take a breath' and use this time to consider what strategic changes can be made to improve efficiencies and save dollars. As you all know, much of the City's activity is driven by development and economy related issues ... and that is almost non-existent. Let me qualify that by saying that I realize in some Dept's the economy can be a driving force to add additional work ... i.e. Police, or in some Dept's the day-to-day issues can sometimes keep you busy. My point is that we should try to seize any moments of slack time and make them productive. Having said that, I'd like to see each Dept Head or Supervisor take some time over the next few weeks to brainstorm on how their Dept (or other facets of the City) can run more efficiently. What action can we take to make some things happen for the best? For example, General Services at City Hall has asked me for months to consider the cost effectiveness of hiring a permanent part time person in lieu of our existing janitorial services. We are finally proceeding in that direction. Listen, I know this sounds like another one of those philosophical things, and I'd like to think that each of you already `look around' once in awhile for stuff that can be done better. Moreover, it doesn't always have to be budget oriented. Are there duplications? Are there programs the City does that we either shouldn't be doing, or should be streamlining or modifying? Are our employee job descriptions okay or can they be changed to better fit? Are we `using' the maximum potential of each employee, if not, what can we do to get closer to that? Page 5 14W ++✓ 415111 Activity Rpt Cont'd — General Strategic Planning Cont'd I think you get my point. Make a concerted effort over the next few weeks to set aside 15 minutes here and there to do some evaluations. Let me know how you come out. Over the last three years, the City has tried to put ourselves in a mode of contraction by necessity for budget balancing purposes. Contraction has to be an important part of our planning process, but it can't be all about that. As we have discussed several times, the City is fortunate, albeit not without a calculated approach, to have adequate funds, avoided layoffs and provided essentially the same services, if not more. We have substantively reduced the budget while reducing property taxes and have resisted, on several fronts, tapping new sources of revenues. Quote of the Day "Economics is extremely useful as a form of employment for economists." -John Kenneth Galbraith Page 6 CITY OF OKEECHOBBEE JOB DESCRIPTION POSITION: CUSTODIAN TASKS: • Clean building floors by sweeping, mopping, scrubbing, or vacuuming them. • Gather and empty trash. • Service, clean, and supply restrooms. • Clean and polish furniture and fixtures. • Clean windows, glass partitions, and mirrors, using soapy water or other cleaners, sponges, and squeegees. • Dust furniture, walls, sills, ledges, machines, and equipment. • Make adjustments and minor repairs to heating, cooling, ventilating, plumbing, and electrical systems. • Steam -clean or shampoo carpets. • Strip, seal, finish, and polish floors. • Follow procedures for the use of chemical cleaners and power equipment, in order to prevent damage to floors and fixtures. • Monitor building security and safety by performing such tasks as locking doors after operating hours and checking electrical appliance use to ensure that hazards are not created. • Move heavy furniture, equipment, and supplies, either manually or by using hand trucks. • Plant and weed flowerbeds and shrubbery and clear debris from grounds . • Notify supervisor(s) concerning the need for major repairs or additions to building operating systems. • Remove debris from sidewalks, driveways, and parking areas. • Requisition supplies and equipment needed for cleaning and maintenance duties. • Clean porches and entryways to buildings. • Spray insecticides and fumigants to prevent insect and rodent infestation. • Replace light bulbs. • Run errands for building staff. • Perform related work as required. QUALIFICATIONS: ! �V Sufficient education to understand oral and written instruction and some experience in cleaning and maintenance activities. Valid Florida drivers license. Self motivated and able to work independently and complete tasks under little or no supervision. SUPERVISION: Report to Public Works Director and/or General Services Coordinator. CITY OF OKEECHOBEE JOB DESCRIPTION POSITION: Seasonal Part -Time Maintenance Operator MAJOR FUNCTION: Performs skilled and/or semi -skilled operation of some heavy duty construction equipment, tractors, tractor -mower, small truck, dump truck and other light automotive equipment and hand tools in connection with street maintenance, repair and drainage control. ILLUSTRATIVE: Operates grader, dump truck, back hoe, chipper, tractor and smaller mobile equipment as well as a variety of hand and power tools. Patch paved roads and streets; construct and repair sidewalks and curbs. Clear rights of way; install and maintain street signs; maintain traffic lights. Lay culvert, dig and clean ditches; load and/or haul asphalt, fill dirt, etc. Perform preventive maintenance on equipment. Repair and maintain manholes and storm drains. Perform related work as required. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of methods, tools and equipment used in constructing and maintaining streets, curbs and sidewalks; knowledge of work hazards and safety precautions. Ability to operate a variety of hand and power tools used in construction and repair work. Ability to follow oral and written directions and instructions. Ability to preform manual labor related to the operation of assigned equipment; ability to maintain effective working relations with others. REQUIRED EXPERIENCE, TRAINING AND EDUCATION: High school diploma or equivalent required; TABE Test, total minimum score 10.3. Must be at least 18 years of age. Employees must be residents of Okeechobee County, Buckhead Ridge area of Glades County or any areas lying outside the Okeechobee line, but have Okeechobee addresses. Successful candidates are required to pass a pre -employment substance screening/physical. Must have a valid Florida Drivers License with a clean driving record for at least 3 years. GENERAL INFORMATION: Salary: $10.00 an hour FLSA Status: Non-exempt Code of Ethics State Certification Required: None Work Location: Public Works Facility ,View - STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" RICK SCOTT Governor March 18, 2011 The Honorable James E. Kirk, Mayor City of Okeechobee 55 South East 3rd Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: BILLY BUZZETT Secretary I am pleased to inform you that the Department has completed its preliminary and final review of the adopted Evaluation and Appraisal Report (EAR) for the City of Okeechobee, adopted on January 4, 2011, and has determined that the EAR is sufficient, as defined in Subsection 163.3191(9), Florida Statutes (F.S.). The City of Okeechobee may proceed with the adoption of plan amendments in addition to EAR -based amendments. Please note that a formal sufficiency determination does not constitute a compliance review of the proposed amendments identified in the Report. Amendments referenced in the Report will be reviewed for consistency with Chapter 163, Part II, F.S. and Rule 9J-5, Florida Administrative Code (F.A.C.), when submitted as proposed amendments. Department staff is available to provide any needed assistance to the City as it prepares EAR -based amendments. If you have any questions, please do not hesitate to call Tom Tumminia, Planner, Division of Community Planning, at (850) 922-1824. Sincerely, A" J. omas Beck, AICP Director, Division of Community Planning JTB/tt cc: Mr. William F. Brisson, AICP, La Rue Planning Consultants Ms. Patricia Steed, Executive Director, Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: www.dca.state.fl.us • COMMUNITY PLANNING 850-488-2356 (p) 850-488-3309 (f) ♦ FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) • HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (f) 14W .✓ CITY OF OKEECHOBEE, FLORIDA a municipal corporation of the laws of the State of Florida Plaintiff, Vs. IN THE COUNTY COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. 2011-CC-20 COMPLAINT FOR POSSESSION OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. a Florida Not -For -Profit Corporation Defendants. RESPONSE TO MOTION TO ADMIT EXTRINSIC/PAROL EVIDENCE COMES NOW the Defendants, OKEECHOBEE COUNTY CHAMBER OF COMMERCE, a Florida Not -For -Profit Corporation, and responds to the Plaintiff's Motion to enter at the trial of this cause, certain extrinsic or parol evidence concerning the terms and conditions of the lease between the parties and therefore states: 1. Plaintiff states the lease was "apparently prepared by the current County Judge, the Honorable Jerald D. Bryant, in his prior capacity as City Attorney in 1986" shows possibly there is an unclear record of who actually had a hand in the preparation of this document, and Defendant's position is that the Lease between the two parties has existed for almost twenty-five years and there has never been a concern during these prior years as to who prepared the lease. 1%W r. 2. Defendant denies the terms of the Lease are ambiguous and not well defined or otherwise set forth, because the City of Okeechobee, through its City Attorney, has seen fit to utilize the wording of the Lease to advise the Defendant of what they can and cannot do under the terms of the existing Lease. Defendants feel the Lease has, for the last almost twenty-five years stood on its own and that the interpretation of what each public official at the time the Lease was agreed upon and signed can merely be construed as each person's opinion and would not be of value to this Honorable Court and its ultimate decision. 3. Defendant respectfully asks the Court to review their ANSWER TO COMPLAINT IN EVICTION, wherein they feel they answered the alleged breaches of their Lease with the City of Okeechobee. 4. WHEREFORE, the Defendants/Lessees, respectfully asks this Honorable Court to deny the Plaintiff/Lessor's Motion TO Admit Extrinsic/Parol Evidence RESPECTFULLY SUBMITTED this 22nd day of March, 2011. I HEREBY CERTIFY that a true copy is sent via U.S. Mail this 22"d day of March, 2011 to: John R. Cook, City Attorney, 55 SE 3rd Avenue, Okeechobee, Florida 34974 OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. (corporate seal) c,Iko� Brenda Appleton, egistere AohOe� kee obee County Chamber of Commerce, Inc. 55 South Parrott Avenue Okeechobee, Florida 34972 _, Okeechobee Police Department Statistics Calls For Service Arrests 2010 .•: Traffic Accident 553 Alarm 460 Animal Problem 89 Assault/Battery 57 Burglary 74 Child Abuse 67 Criminal Mischief 80 Fight 84 Fraud 52 Juvenile Problem 112 Keys Locked in Vehicle 222 Missing Person 35 Noise Complaint 47 Shoplifting 60 Attempted Suicide 16 Theft 296 Trespassing 202 Worthless Check 23 Stolen Vehicle 9 Robbery 17 :.e Warrants 91 Juveniles 25 Adults 344 Burglary 12 Theft 59 Drug Related 40 DUI 28 Assault 68 r✓ ,,,,r,,,. 2010 Cases Assigned To Detectives 297 Traffic Citations 1515 Traffic Warnings 1055 Total value of stolen property $651,046 Total value of recovered property $215,501 M Okeechobee Police Department Our week of training that was held Feb.21-25 went better than expected. Training that took place included: Defensive Tactics, Crime Scene Procedures, Patrol Rifle Course, Semi Annual Firearms Requalification's, Use of Force Training, Scenario -Based Firearms and Scenario Based Shotgun Training, Night Firing Exercises. Updated our Use of Force Policy to include Patrol Rifles. As a result of the patrol rifle course 14 of officers are now certified to carry patrol rifles. Our new Ford patrol cars are arriving. The Dodges will hopefully be delivered in the next month. We are gearing up and getting ready to begin the rigging of the new cars so that we can get the old cars detailed and out to our customers. Our New Glock Firearms that are being purchased with a grant have been ordered and should be here in about 8 weeks. We are prepared for the Speckled Perch Festival this coming weekend. The Police Department hosted a Taser Instructor class this week. Officers from different parts of the state attended. We were able to train our officers for free and we received $400.00 worth of Taser supplies because we sponsored the class. Cost to the Department to sponsor the class was approx. $50.00