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2014-07-15258 CITY OF OKEECHOBEE JULY 15, 2014 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor. July 15, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Edward Weiss, Church of Our Savior; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 12 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the July 15, 2014, Regular City Council Meeting to order at 6:00 p.m. The invocation was given by The Very Reverend Edward Weiss, of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Two items were added: an update from the Centennial Celebration Ad Hoc Committee (CCAHC) by Chairperson J.D. Mixon, after the Warrant Register and New Business Item J, Exhibit 11, a request from Okeechobee Main Street (OKMS). 1 1 1 1 AGENDA V. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim and call for the November 4, 2014, General City Election to be held for the purpose of electing three City Council Members and a City Clerk. B. Present a 25 -Year Longevity Service Award to Lane Gamiotea. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 17, 2014, Regular Meeting. JULY 15, 2014 - REGULAR MEETING - PAGE 2 OF 12 259 COUNCIL ACTION - DISCUSSION - VOTE Calling the General City Election, Mayor Kirk read the following proclamation into the record in it entirety: "Notice of General City Election, November 4, 2014, WHEREAS, under and by virtue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida State Laws, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; and WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. Now, Therefore, 1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, for the purpose of electing the following officers to serve as such, for four years, beginning January 5, 2015, and ending January 7, 2019, following such election or until their successors are elected and qualified: Three (3) Council Members and One (1) City Clerk. Said General Election shall be held on Tuesday, November 4, 2014, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m.; and during the Early Voting period as provided by State Law, to be held on October 25, 2014, through November 1, 2014; to be held in the County polling or voting places within the Municipal Precincts, which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County." On behalf of the City, Mayor Kirk presented to Mrs. Lane Gamiotea a Longevity Service Award ($500.00), and a framed certificate which read, "In recognition of your dedication to the citizens of the City, and a devoted work ethic for twenty years, July 15, 1989 to July 1, 2014." Mrs. Gamiotea graciously accepted her award, and stated it has been an honor to be a servant for the City. Council Member Watford moved to dispense with the reading and approve the Summary of Council Action for the June 17, 2014, Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. 260 AGENDA VII. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2014 Warrant Register: General Fund $ 477,234.10 FDOT Grant Fund $ 65,063.22 Public Facilities Improvement Fund $ 36,646.15 Capital Improvement Projects Fund $ 5,173.05 Law Enforcement Special Fund $ 50.00 ITEM ADDED TO AGENDA: Present an Update from the Centennial Celebration Ad Hoc Committee (CCAHC) - Chairperson Mixon. VIII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. A.1. Motion to adopt proposed Resolution No. 2014 -03, which establishes the Preliminary Assessed Cost of $404,793.12, estimated Non Ad Valorem Assessment Rate of $230.52 per dwelling unit, and provides for a Public Hearing to receive comments on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2014/2015 - City Attorney (Exhibit 1). JULY 15, 2014 - REGULAR MEETING - PAGE 3 OF 12 COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to approve the June 2014 Warrant Register in the amounts: General Fund, four hundred seventy -seven thousand, two hundred thirty -four dollars and ten cents ($477,234.10); FDOT Grant Fund, sixty -five thousand, sixty -three dollars and twenty -two cents ($65,063.22); Public Facilities Improvement Fund, thirty -six thousand, six hundred forty -six dollars and fifteen cents ($36,646.15); Capital Improvement Projects Fund, five thousand, one hundred seventy -three dollars and five cents ($5,173.05); and Law Enforcement Special Fund, fifty dollars ($50.00); seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. On behalf of the entire Centennial Celebration Ad Hoc Committee (CCAHC), Mr. J.D. Mixon, serving as Chairperson, thanked the Council for their appointments. He briefly gave an update on their progress: they have held two meetings and have adopted a Mission Statement, "The City of Okeechobee's Centennial Year of 2015, is an opportunity to showcase our heritage, promote awareness of our history, and create lasting legacies as we move into the future. "We are researching events /festivals that were formerly celebrated for the possibility of incorporating them into the centennial activities. A calendar of existing events /festivals has been developed for collaboration purposes. We have requested a call to artists to be issued for the purpose of creating a logo. He encouraged any input from the City Council. Council Member Watford extended his appreciation to Mr. Mixon for accepting responsibility as Chairperson, and asked to extend to the CCAHC, the Council's gratitude of their willingness to serve. MAYOR KIRK OPENED THE PUBLIC HEARING FOR RESOLUTION ADOPTION AT 6:14 P.M. Council Member Watford moved to adopt proposed Resolution No. 2014 -03, which establishes the Preliminary Assessed Cost of $404,793.12, estimated Non Ad Valorem Assessment Rate of $230.52 per dwelling unit, and provides for a Public Hearing to receive comments on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2014/2015; seconded by Council Member Williams. AGENDA VIII. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. A. 2. Public comments and discussion on proposed Resolution No. 2014- 03. 3. Vote on motion. B. 1. Motion to adopt proposed Resolution No. 2014 -04, which continues implementing the Non Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No. 2014 -03, and certifying the Solid Waste Assessment Roll for Fiscal Year 2014/2015 - (Exhibit 2). 2. Public comments and discussion. JULY 15, 2014 - REGULAR MEETING - PAGE 4 OF 12 261 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 2014 -03 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES SETTING A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any questions or comments from the public. There were none. The proposed annual Residential Solid Waste Collection rate increased by 1.6 percent, based on the Consumer Price Index, from $226.92 to $230.52. The estimated assessment will increase from last years amount of $398,244.60 to $404,793.12. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to adopt proposed Resolution No. 2014 -04, which continues implementing the Non Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No. 2014 -03, and certifying the Solid Waste Assessment Roll for Fiscal Year 2014/2015; seconded by Council Member Watford. Attorney Cook read proposed Resolution No. 2014 -04 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01 -08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2014/2015; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 262 AGENDA VIII. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. B. 2. Public comments and discussion on proposed Resolution No. 2014- 04 continued. 3. Vote on motion to adopt proposed Resolution No. 2014 -04. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 2014 -05, revising and adopting Commercial Rates and Fees for Solid Waste Collection and Disposal Services - City Attorney (Exhibit 3). B. Motion to adopt proposed Resolution No. 2014 -06, supporting a Florida Power and Light Natural Gas Power Plant in Okeechobee County - City Administrator (Exhibit 4). JULY 15, 2014 - REGULAR MEETING - PAGE 5 OF 12 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any questions or comments from the public. There were none. Administrator Whitehall informed that Mr. Jeff Sabin of Waste Management, would be willing to attend a meeting to address any concerns from Council. Council agreed his presence would not be necessary as there is a minimal increase, any concerns as far as their performance of service would be forwarded to Administrator Whitehall to relay to Mr. Sabin. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:21 P. M. O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 2014 -05, revising and adopting Commercial Rates and Fees for Solid Waste Collection and Disposal Services; seconded by Council Member O'Connor. There was a brief discussion on this item. The matrix of rates increased approximately one percent from last year, and will become effective October 1, 2014. There were no comments from the public. Attorney Cook read proposed Resolution No. 2014 -05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2014/2015, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to adopt proposed Resolution No. 2014 -06, supporting a Florida Power and Light Natural Gas Power Plant in Okeechobee County; seconded by Council Member Maxwell. Attorney Cook read proposed Resolution No. 2014 -06 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING A FLORIDA POWER AND LIGHT NATURAL GAS POWER PLANT IN OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." JULY 15, 2014 - REGULAR MEETING - PAGE 6 OF 12 263 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. B. Motion to adopt proposed Resolution No. 2014 -06, supporting a Florida Power and Light Natural Gas Power Plant in Okeechobee County continued. C. Motion to adopt proposed Resolution No. 2014 -07, authorizing the Florida Department of Transportation Maintenance Agreement - City Attorney (Exhibit 5). The City was approached to consider adopting a resolution showing support for Florida Power and Light (FPL) to build a combustion turbine and combined cycle power plant on a 2,800 acre parcel of land located in the Northeast portion of the County (near Ft. Drum), purchased three years ago. The plant would provide for the growing supply and demand of additional power as expected by 2019.Further, FPL wants to develop a natural gas pipeline in this region, and the site is also appropriate for a solar power facility. A decision by the Public Service Commission (PSC) is expected by the end of the year. Okeechobee Board of County Commissioners has hired a consultant to assist the community in attracting the plant, estimated at $1 billion with construction to begin in 2017. This site is designated as the preferred site by FPL with another contingent site located in Putnam County. Mr. Nick Blount of FPL, addressed the Council on the progress of the issue. He explained a 10 -year site plan is filed annually with the PSC, for the purpose of identifying expected electrical demands and expectations. This report was filed April 1, 2014, which upgraded the Okeechobee site from potential to preferred. He thanked the Council for their support, and announced he will be retiring in July after 42 years of service. Council Member Watford extended his appreciation of Mr. Blount's dedication and service, as well as FPL's, as they have supported many organizations within the community over the years. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Proposed Resolution No. 2014 -07 was distributed at this time. Council Member Watford moved to adopt proposed Resolution No. 2014 -07, authorizing the Florida Department of Transportation Maintenance Agreement; seconded by Council Member O'Connor. This new Agreement No. BDX99, replaces No. BDR94 (Resolution No. 2011 -04), and allows FDOT to reimburse the City $8,632.59 for annual maintenance of state highways (70 and 441), related to road side, bridge, and median mowing and edging, litter removal and sweeping. This is a decrease (previously it was $10,524.62 annually). Administrator Whitehall also explained, the City's lawn maintenance contract was recently extended another year. However, due to the increase in landscaping within the medians, the contractor has notified the City of his wishes to terminate the extended contract. This will require City Staff to let for bids on this service. Attorney Cook read proposed Resolution No. 2014 -07 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING, ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH (continued) 264 AGENDA IX. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 2014 -07, authorizing the Florida Department of Transportation Maintenance Agreement continued. D. Motion to approve the maximum millage rate for advertisement for 2014 Tax notices, 8.7997 for budget year 2014/2015 - Finance Director (Exhibit 6). E. Motion to approve the 2014/2015 Budget Preparation and Millage Calendar setting workshops to be held August 19`h at 5:00 pm, August 26th at 5:00 pm (if needed), first Public Hearing September 16`h at 6:00 pm, and Final Public Hearing September 30th at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee Florida - Finance Director (Exhibit 7). F. Renewal of Public Risk Management Group Health Insurance - City Administrator and Finance Director (Exhibit 8). JULY 15, 2014 - REGULAR MEETING - PAGE 7 OF 12 COUNCIL ACTION - DISCUSSION - VOTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to approve the maximum millage rate for advertisement for 2014 Tax Notices at 8.7997 for the Fiscal Year 2014/2015; seconded by Council Member Williams. Finance Director, Mrs. India Riedel, presented the recommendation of advertising the millage rate at the maximum allowed by the State Statute based on change in Per Capita Income. Using the Truth in Millage Process (TRIM), this rate is calculated by the roll- back /roll - forward rate, plus 1 mill. (A mill being $1 for every $1,000 assessed on a property appraisal). Last years millage was adopted at 7.7432. She further explained property values decreased at less than 1 percent, but anticipates a moderate increase in the future. Once the tentative millage rate is set, the Council retains the authority to lower it through the budget process but cannot raise it once established. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to approve the 2014/2015 Fiscal Year Budget Preparation and Millage Calendar setting workshops to be held August 19th at 5:00 pm, August 26`h at 5:00 pm (if needed), First Public Hearing September 16th at 6:00 pm, and Final Public Hearing September 30`h at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee Florida; seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Finance Director Riedel presented information that the City's current health insurance provider, Public Risk Management (PRM) Group Health premiums continue to rise instead of leveling or decreasing. AGENDA IX. NEW BUSINESS CONTINUED. F. Renewal of Public Risk Management Group Health continued. 1 JULY 15, 2014 - REGULAR MEETING - PAGE 8 OF 12 265 COUNCIL ACTION - DISCUSSION - VOTE The PRM Board elected to use $500,000.00 from reserves to offset the groups' premiums, all claims are pooled, an average of premiums is determined and individual entities claims are reviewed for deviation, (there are currently 48 participants in the pool). The City has had two consecutive years of higher claims per covered person than premiums. The maximum the City can increase in any one year is six points over the group average. The group average, after applicable credits, is 4 percent leaving us with a 10 percent renewal rate, keeping the same benefits. PRM offers 10 health plans, and all meet or exceed the benefits required by the Patient Protection and Affordable Care Act. Staff is presenting four options for consideration (distributed during this discussion as a memorandum to the Mayor and Council from Administrator Whitehall and Finance Director Riedel). Option 1 (Blue Options 3748, current plan) - The premium per month per employee for individual coverage is increasing from $545.56 to $600.10 which totals annually from $451,723.00 to $496,882.00 for an increase of $45,160.00. Council could consider implementing the employees contribute 5 percent of the premium, $30.00 per month /$360.00 per year, or 10 percent at $60.00 per month /$720.00 year, to help offset the increased premium costs. This would be in addition to spouse /family coverage premiums paid by the employee. Option 2 (HMO 59) - The Council has not favored this type of plan in the past. In comparison to the current plan, the annual premium would be $447,269.00. The disadvantages are no out of state coverage (except emergency), the primary doctor is designated, and there is no coverage for non - providers. The advantages are continued co -pays for Family and Specialist Physicians, also prescription costs are included in out -of- pocket maximum. Option 3 (PPO 227) In comparison to the current plan, the annual premium would be $437,763.00. The disadvantages are there is a change in provider list, co -pays, deductible and prescriptions are not included in the out - of- pocket maximum. There is a 20 percent co- insurance on most services (subject to maximum out of pocket $1500), and an increase of out -of- pocket expenses to the employee, from $500.00 to $2,000.00. The advantage is continued co -pay for Family and Specialists Physicians. Option 4 (HSA 5168) - In comparison to the current plan, the annual premium would be $478,336.00. This plan provides a flat contribution of $575.00 per month, per employee towards health insurance premiums and a Health Savings Account (HSA). This amount can be used with employees Blue Options Plan with the premium difference being paid by employee as contributory which would be $25.10. Should they opt for the HSA plan, the $575.00 would be applied to the $514.00 premium leaving a difference of $61.00 which would be placed in a Health Savings Escrow Account. The disadvantages are the change in provider list, high deductible of $1500.00, maximum out -of- pocket $1500.00, no Family or Specialists Physicians co -pays. The advantage is after the $1500.00, it pays 100 percent, and the prescription cost is included in out -of- pocket maximum. 266 JULY 15, 2014 - REGULAR MEETING - PAGE 9 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. F. Renewal of Public Risk Management Group Health Insurance continued. G. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 919 Northwest 10th Street, Lots 11 and East one -half of 12, Bock 42, City of Okeechobee - Chief Smith (Exhibit 9). Council Member Watford asked what was the deadline for a decision, to which Finance Director Riedel answered, the proposal had to be submitted by July 17, 2014, for open enrollment eligibility. Council Member Williams suggested educating the employees on their benefits and initiating health preventives may assist in lowering the insurance claims. The consensus of the Council was to stay the course and renew the current Blue Option 3748 Plan. Implementing an employee contributory plan can be considered during the budget process should it be necessary. Council Member Williams moved to approve the (one -year) renewal of the PRM Group Health Insurance Contract with Blue Cross Blue Shield Blue Options Plan 3748 (in the amount of $496,882.00); seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A motion and second was offered by Council Members O'Connor and Williams to begin foreclosure proceedings on property located at 919 Northwest 10th Street, Lot 11 and the East one -half of Lot 12, of Block 42, City of Okeechobee Subdivision, Plat Book 1, Page, 10, Okeechobee County Public Records, Code Enforcement Board Case No. 13 -098, property owner is Janet Estrella. At the June 10, 2014, Code Enforcement Board meeting, a recommendation was approved for the City Council to begin foreclosure proceedings, on this case. The violation is for Code Sections 30 -43 Public Nuisance and 30 -44 General Cleaning and Beautification. The materials in Exhibit Nine illustrate how the Code Enforcement Department made every attempt to contact the property owner regarding their violations as shown in the time -line leading up to the Code Board Action. July 31, 2013, courtesy letter sent to holder of the mortgage, Terri Coule. September 6, 2013, Notice of Violation mailed. September 7, 2013, Notice of Violation received, signed by Janet Estrella. December 18, 2013, Notice of Hearing mailed. December 27, 2013, Notice of Hearing, returned not deliverable. January 8, 2014, property posted with Notice of Hearing. 1 1 1 AGENDA IX. NEW BUSINESS CONTINUED. G. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 919 Northwest 10`h Street, Lots 11 and East one -half of 12, Bock 42, City of Okeechobee continued. H. Motion to approve a change order in the amount of $13,805.80 for PW 04- 00- 03 -14, Okeechobee Highway 441 Streetscape - City Administrator (Exhibit 10). JULY 15, 2014 - REGULAR MEETING - PAGE 10 OF 12 267 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook recommended the Council pursue the foreclosure, as there has been no response from the owner after several attempts, and the property is potentially dangerous. He further explained there is a pending tax deed application which may redeem this situation with the new owner bringing the property up to code. They would be responsible to address the lien, levied at $50.00 per day, as of January 14, 2014, as recorded in O.R. Book 743, Page 814, Public Records, which is to date $7,000.00, and any outstanding taxes. It was questioned whether the lien on this property would be a deterrent for the purchase, to which Attorney Cook replied, they have made a substantial investment by the tax deed application, with the sale scheduled for October 2, 2014. There being no further discussion, vote was as follows: VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to approve a change order in the amount of $13,805.80, for Bid No. PW- 04- 00 -03- 14 Okeechobee Highway 441 Streetscape Project, issued to Tree Locators, Inc; seconded by Council Member Williams, (as recommended by City Staff and Project Engineer). Administrator Whitehall explained this Project was awarded on April 15, 2014, (in connection with the Okeechobee Main Street Grant), with noted reductions made to the initial Landscape Plans. The bid awarded at $72,987.60 was lower than anticipated, leaving an available balance of approximately $27,012.40 from the $100,000.00 grant. The Plans have now expanded to include landscaping that was originally removed during the pre -bid process to utilize approximately $13,000.00 of the unused grant monies. Additionally, Florida Department of Transportation (FDOT), seemed receptive to the installation of some irrigation needs. The landscape architect will pursue a definitive response from FDOT regarding the irrigation, which may result in a second change order. Council Members Watford and O'Connor agreed it has been money well spent and have received many positive comments from the community. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. 268 AGENDA IX. NEW BUSINESS CONTINUED. I. Discuss the demolition of the Train Depot - Councilman Watford. JULY 15, 2014 - REGULAR MEETING - PAGE 11 OF 12 COUNCIL ACTION - DISCUSSION - VOTE Over the years several attempts were made with efforts from the City, Okeechobee Main Street, Amtrak, and the support of the community, to salvage the historic train depot located on CSX property, West of North Parrott Avenue and North of the railbed. In June 2008, the City took preemptive measures by adopting Resolution No. 08 -05, placing a moratorium on the demolition of buildings 50 years or older. The resolution also provided an exclusion for nuisance buildings, so CSX deemed the building a nuisance and a safety liability for their company. Several negotiations were attempted with CSX with the final outcome being since Amtrak built a new kiosk in 2010, adjacent to and East of the depot, it would be unlikely that the historic depot would be utilized. Since the train depot is privately owned, it complicated the restoration efforts, and in April 2014, CSX sold the property, where the depot was located, to the Fort Drum Corporation. The new owners retained B & B Site Development to demolish the depot. The demolition application identified the project as a warehouse, and while it had a parcel identification number, it did not have an address, and there were several buildings on the parcel. The building department misinterpreted which building was identified believing it to be West of the train depot. Council Member Watford expressed his disappointment in the demolition of the historical train depot. He apologized to future generations for the inability to save the structure as a part of their heritage. The circumstances of how it occurred appears to be from inaccuracies on the demolition permit application. He and Administrator Whitehall have discussed the matter and he is recommending the City research all means possible, to hold those responsible, even should it be by a Code Citation. Council Member Watford further commented, it cannot be legal to put inaccurate information on a building permit and not be held accountable for its content. A similar analogy would be for someone to get caught speeding and say their speedometer was broken. There has to be a remedy for protection of future historic structures. Attorney Cook stated he has been involved with the situation from the start and even though the Resolution was adopted, it was not adequate to deter the demolition. He has not discovered a remedy or recourse. However, he has not researched the Code Citation angle of holding the property owner accountable. He will research this and submit his findings to Administrator Whitehall to distribute to the Council. Council Member Maxwell agreed Attorney Cook should pursue this since the community made a good faith effort to protect the historical building. Mayor Kirk and Council Member O'Connor acknowledged Council Member Watford's passion for preserving the historical building. It seemed to be a losing battle from the start due to CSX's indifference to the community. While no official action was required at this time, upon review of Attorney Cook's report, Council can reconsider the issue at that time. 1 i AGENDA IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: J. Consider a request from Okeechobee Main Street to amend their Use of Parks and Temporary Street Closing Application for the Labor Day Festival to include Helicopter Tours - OKMS Executive Director Turgeon (Exhibit 11). X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamiotea, CM City Clerk James E. Kirk, Mayor JULY 15, 2014 - REGULAR MEETING - PAGE 12 OF 12 269 COUNCIL ACTION - DISCUSSION - VOTE Ms. Sharie Turgeon, OKMS Executive Director, approached the Council with a request to amend their Use of Parks and Temporary Street Closing Application for the Labor Day Festival to add helicopter tours as another means to promote the community and enhance the festival. Originally, the concept was to use one of the parks for this activity. However, after further research, they are partnering with the American Legion to use their site located at Southeast 3`d Avenue and 3rd Street. Administrator Whitehall explained, in light of this change, the request can be made administratively through a Temporary Use Permit. Council agreed this was a unique idea to expand the activities for the festival and promote the City. There was no official action required on this item. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:24 p.m. The next regular scheduled meeting is August 19, 2014. INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. '17th Street, Suite D, Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a if,., ,:- -_ , 2LO _ in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -rirr //t/ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affian:t fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund. for the purpose of securing this advertisement for publication in the said newspaper. 1 Torre Byrd Sworn to and subscribed before me this 1._ day of 1 AD Notary Public, State of Florida at Large ANGIE BRIDGES s;w MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded TMu Notary Public Underwriters (863) 763 -3134 CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council for the City of Okeecho- bee, will meet in Regular Session on Tuesday, July 15, 2015, 6:00 p.m., or as soon thereafter as possible, at City Hat, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. Con- tact City Administration at 863- 763 -3372, or website, cityofokeecho- bee.com, to obtain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or Items to the Council in support or opposition to any item on the agenda; a copy of, the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: lames E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 466157 ON 7/11/2014 CITY OF OKEECHOBEE JULY 15,2014 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER - MAYOR: II. OPENING CEREMONIES: July 15, 2014, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. July 15, 2014 PAGE 2 OF 4 V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Proclaim and call for the November 4, 2014 General City Election to be held for the purpose of electing three City Council Members and a City Clerk. B. Present a 25 -Year Longevity Service Award to Lane Gamiotea. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 17, 2014 Regular Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the June 2014 warrant register. General Fund FDOT Grant Fund Public Facilities Improvement Fund Capital Improvement Projects Fund Law Enforcement Special Fund $ 477,234.10 $ 65,063.22 $ 36,646.15 $ 5,173.05 $ 50.00 VIII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. A.1. Motion to adopt proposed Resolution No. 2014 -03, which establishes the Preliminary Assessed Cost of $404,793.12, estimated Non Ad Valorem Assessment Rate of $230.52 per dwelling unit, and provides for a Public Hearing to receive comments on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2014/2015 - City Attorney (Exhibit 1). 2. Public comments and discussion. 3. Vote on motion. B.1 Motion to adopt proposed Resolution No. 2014 -04, which continues implementing the Non Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No. 2014 -03, and certifying the Solid Waste Assessment Roll for Fiscal Year 2014 -/2015 - (Exhibit 2). July 15, 2014 PAGE 3 OF 4 VIII. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. B.2. Public comments and discussion. 3. Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 2014 -05, revising and adopting Commercial Rates and Fees for Solid Waste Collection and Disposal Services - City Attorney (Exhibit 3). B. Motion to adopt proposed Resolution No. 2014 -06, supporting a Florida Power and Light natural gas power plant in Okeechobee County - City Administrator (Exhibit 4). C. Motion to adopt proposed Resolution No. 2014 -07, authorizing the Florida Department of Transportation Maintenance Agreement - City Attorney (Exhibit 5). D. Motion to approve the maximum millage rate for advertisement for 2014 Tax notices, 8.7997 for budget year 2014 -2015 - Finance Director (Exhibit 6). E. Motion to approve the 2014 -2015 Budget Preparation and Millage Calendar setting workshops to be held August 19th at 5:00 pm, August 26th at 5:00 pm (if needed), first Public Hearing September 16th at 6:00 pm, and Final Public Hearing September 30th, 2014 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee Florida - Finance Director (Exhibit 7). F. Renewal of Public Risk Management Group Health Insurance - City Administrator and Finance Director (Exhibit 8). G. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 919 NW 10th Street, Lots 11 & E 1/2 of 12, Blk 42, City of Okeechobee - Chief Smith (Exhibit 9). H. Motion to approve a change order in the amount of $13,805.80 for PW 04- 00- 03 -14, Okeechobee Highway 441 Streetscape - City Administrator (Exhibit 10). July 15, 2014 PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED I. Discuss the demolition of the Train Depot - Councilman Watford. X. ADJOURN MEETING. ' )ASE 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 proceeding, and for such purpose may need to ensure 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 tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. CITY OF OKEECHOBEE / . , r' (C JULY 15, 2014, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION x ulu zc D LL.4cu (c.,) I. CALL TO ORDER - Mayor. Mayor Kirk called the June 17, 2014, Regular City Council Meeting to order at 6: p.m. 11. OPENING CEREMONIES: yptie 111,11a.alaseaceeete Very Reverend Edward Weiss, of the Church of Our Saviouf the invocation Mnmhnr �nrii;.,r ; the Pledge of Allegiance was led by Mayor Kirk. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: PRESENT ABSENT Mayor James E. Kirk r/ Council Member Mike O'Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. ,/ Council Member Clayton Williams City Administrator Brian Whitehall ✓ City Attorney John R. Cook City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Jahner / Police Chief Denny Davis Fire Chief Herb Smith ;,/ Public Works Director David Allen IV. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any rpiquests for the addition, deferral or withdrawal of items on today's agenda. Th4 mt . 1C' O/C upidi AS -3 en, 1 Lice A f V. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim and call for the November 4, 2014 General City Election to be held for the purpose of electing three City Council Members and a City Clerk. Calling the General City Election, Mayor Kirk read the following proclamation into the record in it entirety: "Notice of General City Election, November 4, 2014, WHEREAS, under and by virtue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida State Laws, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; and WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. Now, Therefore, 1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, for the purpose of electing the following officers to serve as such, for four years, beginning January 5, 2015, and ending January 7, 2019, following such election or until their successors are elected and qualified: Three (3) Council Member and One (1) City Clerk. Said General Election shall be held on Tuesday, November 4, 2014, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m.; and during the Early Voting period as provided by State Law, to be held on October 25, 2014, through November 1, 2014; to be held in the County polling or voting places within the Municipal Precincts, which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County." B. Present a 25 -Year Longevity Service Award to Lane Gamiotea. On behalf of the City, Mayor Kirk presented to Mrs. Lane Gamiotea a Longevity Service Award ($500.00), and a framed certificate which read, "In recognition of your dedication to the citizens of the City, and a devoted work ethic for twenty years, July 15, 1989 to July 1, 2014." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014 Regular Meeting and May 20, 2014 Regular Meeting. Council Member e IL) moved to dispense with the reading and approve the Summary of Council Action for the June 17, 2014, Regular Meeting; seconded by Council Member/?bThere was no discussion on this item. VOTE KIRK - YEA WATFORD • YEA MAXWELL - YEA WILLIAMS • YEA Page 1 of 8 O'CONNOR - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2014 Warrant Register: General Fund $ 477,234.10 FDOT Grant Fund $ 65,063.22 Public Facilities Improvement Fund $ 36,646.15 Capital Improvement Projects Fund $ 5,173.05 Law Enforcement Special Fund $ 50.00 Council Member “) moved to approve the June 2014 Warrant Register in the amounts: General Fund, four hundred seventy -seven thousand, two hundred thirty -four dollars and ten cents ($477,234.10); FDOT Grant Fund, sixty -five thousand, sixty -three dollars and twenty -two cents ($65,063.22); Public Facilities Improvement Fund, thirty -six thousand, six hundred forty - six dollars and fifteen cents ($36,646.15); Capital Improvement Projects Fund, five thousand, one hundred seventy -three 011ars and five cents ($5,173.05); Law Enforcement Special Fund, fifty dollars ($50.00); seconded by Council Member titi VOTE (.1/ KIRK - YEA WATFORD • YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. VIII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR RESOLUTION ADOPTION AT (p: /yP.M. A.1. Motion to adopt proposed Resolution No. 2014 -03, which establishes the Preliminary Assessed Cost of $404,793.12, estimated Non Ad Valorem Assessment Rate of $230.52 per dwelling unit, and provides for a Public Hearing to receive comments on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2014/2015 - City Attorney (Exhibit 1). Council Member LUJLUmoved to adopt proposed Resolution No. 2014 -03, which establishes the Preliminary Assessed Cost of $404,793.12, estimated Non Ad Valorem Assessment Rate of $230.52 per dwelling unit, and provides for a Public Hearing to receive comments on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2014/2015; seconded by Council Member 0) 2. Public comments and discussion. Attorney Cook read proposed Resolution No. 2014 -03 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTHA BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any questions or comments from the public. L--j'(;(-)(6 The proposed annual Residential Solid Waste Collection rate increased from $226.92 to $230.52. The estimated assessment will increase from last years amount of $398,244.60 to $404,793.12 1 - I - • _ _ _ ykp 3. Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA Page 2 of 8 O'CONNOR . - YEA MOTION CARRIED- B. 1. Motion to adopt proposed Resolution No. 2014 -04, which continues implementing the Non Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No. 2014 -03, and certifying the Solid Waste Assessment Roll for Fiscal Year 2014- /2015 - (Exhibit 2). Council Member tYLQ moved to adopt proposed Resolution No. 2014 -04, which continues implementing the Non Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No. 2014 -03, and certifying the Solid Waste Assessment Roll for Fiscal Year 2014 - /2015; seconded by Council Member 2. Public comments and discussion. Attorney Cook read proposed Resolution No. 2014 -04 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01 -08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2014 -2015; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any questions or comments from the public. /1 e-kt maii- 14 C i 7 \U CZ� L2l - �2¢ j6' a-rCt i�F: ZoJ /?� f k t i�i� s� /) \/ Y Ld.e, ti- L (' if 2t lJ A-1 tu d;it_ Lk: <Li F i Uu ALI GZ_47 ° G� A. -6 "E !l va. 3. Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT P. 6 << / M. Page 3 of 8 NNOR YEA MOTION CARRIETT:-- IX. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 2014 -05, revising and adopting Commercial Rates and Fees for Solid Waste Collection and Disposal Services - City Attorney (Exhibit 3). Council Member kr moved to adopt proposed Resolution No. 2014 -05, revising and adopting Commercial Rates and Fees for Solid Waste Collection and Disposal Services; seconded by Council Member //)/1( Attorney Cook read proposed Resolution No. 2014 -05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2014/2015, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." /v /1,d (i/k6 — VOTE ( KIRK - YEA WATFORD - YEA MAXWELL - YEA R_ -YEA WILLIAMS - YEA TION CARRIED. B. Motion to adopt proposed Resolution No. 2014 -06, supporting a Florida Power and Light natural gas power plant in Okeechobee County - City Administrator (Exhibit 4). Council Member ryjj moved to adopt proposed Resolution No. 2014 -06, supporting a Florida Power and Light natural gas power plant in Okeechobee County; seconded by Council Member /9 in Attorney Cook read proposed Resolution No. 2014 -06 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING A FLORIDA POWER AND LIGHT NATURAL GAS POWER PLANT IN OKEECHOBEE COUNTY; FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." The City was approached to consider adopting a resolution in show of support for Florida Power and Light (FPL) to build a combustion turbine and combined cycle power plant on a 2800 acre parcel of land they purchased three years ago, located in the Northeast portion of the County (near Ft. Drum). The plant would provide for a growing need and demand, as FPL expects to need additional power by 2019. Further, FPL wants to develop a natural gas pipeline in this region, and the site is also appropriate for a solar power facility. A decision for the site, by the Public Service Commission, could be made by the end of the year. Okeechobee Board of County Commissioners has hired a consultant to assist the community in attracting the plant, which is estimated at $1 billion with construction to begin in 2017, and is the preferred site by FPL. The other is located in Putnam County. ,t :' CY Z'1LW' PLa ci'o QCI. ( FrfLe u, 0,1 E ') /616/-) 1 '`I!.. C ` ) J 7�' f/ cam/'tC l.--z&Lt ,i.tk ? < c — : Li KIRK - YEA WATFORD • YEA MAXWELL - YEA WILLIAMS - YEA 6 MOTION CARRIED /( �:J -,i i.t 9/k- Page 4 of 8 / 't t.{ % �x 7�r C. Motion to adopt proposed Resolution No. 2014 -07, authorizing the Florida Department of Transportation Maintenance Agreement - City Attorney (Exhibit 5). Council Member moved to adopt proposed Resolution No. 2014 -07, authorizing the Florida Department of Transportation Maintenance Agreement; seconded by Council Member Attorney Cook read proposed Resolution No. 2014 -07 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING, ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." ig late-ti VOTE KIRK • YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR • YEA �IIOTION CARIES—, D. Motion to approve the maximum millage rate for advertisement for 2014 Tax notices, 8.7997 for budget year 2014 -2015 - Finance Director (Exhibit 6). Finance Director Riedel presented a recommendation for the Council to consider and approve advertising the millage rate for the Fiscal Year 2014/2015 and 2014 Tax Notices at the maximum allowed, 8.7997. This rate is calculated using the roll- back /roll - forward rate plus 1 mill. The Council can lower the millage during the budget hearings to the actual amount required for balancing the budget. However, they cannot increase the rate over the amount advertised. .Adt:t, / .e. 0174,1 7.7 (13 2 )g4 J ( `Lit, Vi(J r. , '7 77 A /V CA /=2,62<"---3 /71- eh. r 0 pA cpt i "2,e,,i, C-- L% / cr.,L c d' oozed' 7,2- /) l c .,,,j / ,_ „ / c4 ,LI-ucti /4`.-Y1 1 //( d-e' 21 ,/, (' C» - to-/( d f? - f,+t f4/1/14,,,,/ Council Members }1,11 and Nit..) made a motion and second to approve the maximum millage rate for advertisement for 2014 Tax Notices at 8.7997 for the Fiscal Year 2014 -2015. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS • YEA Page 5 of 8 O'CONNOR - YEA MOTION CARRIED. E. Motion to approve the 2014 -2015 Budget Preparation and Millage Calendar setting workshops to be held August 19th at 5:00 pm, August 26th at 5:00 pm (if needed), first Public Hearing September 16th at 6:00 pm, and Final Public Hearing September 30th, 2014 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee Florida - Finance Director (Exhibit 7). Council Member %)i moved to approve the 2014/2015 Budget Preparation and Millage Calendar setting workshops to be held August 19' at 5:00 pm, August 26th at 5:00 pm (if needed), first Public Hearing September 16' at 6:00 pm, and Final Public Hearing September 30th, 2014 at 6:00 pm, all to be held in Council Chambers at 55 SE 3`d Avenue, Okeechobee Florida; seconded by Council Member 04A) • ��`� 1 iu 10cs� ; t,�-- I i� �� �(� ,j21- ti(.f;c c� 72p,,4. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD • YEA WILLIAMS - YEA TION CARRIED,, F. Renewal of Public Risk Management Group Health Insurance - City Administrator and Finance Director (Exhibit 8). Public Risk Management (PRM) Group Health Insurance premiums continue t rise. The city has two consecutive yeas of higher claims per covered person than premiums. PRM Board elected to use $500,000.00 from reserves to offset the groups premiums. With the terms of the PRM Group Health Trust, all claims are pooled, an average of premiums are determined and individual entities claims are viewed for deviation. The maximum the City can increase in any one year it six points over the group average. The group average after applicable credits is 4 percent leaving us with a 10 percent renewal rate, keeping the same benefits. A thorough review of the 10 plans offered through PRM resulted in a couple of options to consider. Plans offered within the PRM grouping either meet or exceed the benefits required by the Patient Protection and Affordable care Act. Cost and comparisons are: No. 1: current plan is $45,160.00 higher. Current plan premium per month per employe for indivudla coverage is $545.56, new is $600.10. No. 2: No. 3: No. 4: 11 U �).Q Yu-ti7 T " a-71"1-& kC44 ,,rt 4_12 A' 6,17 96 (vt .51 -u47 %go Lu. a �l'/ lx n -'k 1,(7 g- t-, -.--), 0'1) CO c lc 1ST % — ...e.,'...,7 (4-,2_,e) pi H 1:f 6f,e 6t„,L, r, ,t) /y U "ii- it-qt., L� .GPI L ' i L' ...0 o /71L-�-2C Tb:) C. /... E t341-C. ( f :- ,71 e (..r,J/ .12.x" &Y /Y / � it Al,L v4, 0 -?2 J � t,J til. 3 � p � � ..9 Q .. ELF Gt' ) .� � U� l5 �`��6. k J x,11 � f t UQ�J & ��FZ���' < idg L� 1 V� . r!/ C�C ' � -%C // ! / J.-. kl i1 ( ', 4 0--i L ' „ 1.:. L % 0 l ii. iii' c /a , - Counciember oved to �• seconded b Council Member �� -,�ci,�.G �:) .. , ._.),L t,.� ,i, - K ,c11'-;,b_., cz-A. �,:1 -4', Z• r ` - _ ., ; °k c 4 ak - 61AJL i (9- ( , ), --od- w etua ),:i 1 (k), Pii -C ' � L2 (- C ( i (7. (i.,ia u L" lz t� j� 1 �� ;c / _ W/'l x 6' 6-:1' ca t- q.t/r1 �c I:-. (( p�- tcY6 i'T-�"- diftL0 -d ,,Lczt -( -v VOTE . wac:0.iL 'jx,4.2Ls�ez „ 0,hi- 1x<' ("Ai e . KIRK - YEA MAXWELL - YEA O'CONNOR„ -YEA _. WATFORD - YEA WILLIAMS -YEA C----MOTION CARRI�Ea.'� CO ir (4 )d.�-ku bu111 7 q p C� .k. pal C ---� Page 6 of 8 / D 9( ) u (_,( 1.1 /"u . G. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 919 NW 10th Street, Lots 11 & E 1/2 of 12, Blk 42, City of Okeechobee - Chief Smith (Exhibit 9). A motion and second was offered by Council Members %) and ee.,j to begin foreclosure proceedings on property located at 919 Northwest 10th Street, Lot 11 and the East one -half of Lot 12, of Block 42, City of Okeechobee Subdivision. Code Enforcement Case No. 13 -098, owner is Janet Estrella. Initial Code Enforcement Board hearing Fine was levied at $50.00 per day. Lien was filed on March 6, 2014. ,?-r-C1 ' l_Q al , cG t' t ' 611-161/6-,'--; dt o A(„1 a1/II )- (19-714 C-ulx12% , 0 p/0-6`(a. C.c. (1/; 4-e --f1, 0 A C' " - e%1/q% 'A- liex' kr4) /p2e1. kl-- Ley l.,'V "" t,"'i,'Crl Su4 (J yC�',-C 4 („ l �! , � ),,0 7 ko,, ,, 1 L Zip , lc t if ,.. Libt,,, c=" 1,0-41 id r af - /w.,./ i ,r) • f \/o 0 Yva.1e S-tC ^lJ 1 t„1`1 -7"J c ` (-let. itp li Li, 0, `?1— ,('- (l'r i c1 "a-1 5f 1,4 was on January 14, 2014. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA (iOTION CARRIED. H. Motion to approve a change order in the amount of $13,805.80 for PW 04- 00- 03 -14, Okeechobee Highway 441 Streetscape - City Administrator (Exhibit 10). Council Member at) moved to approve a change order in the amount of $13,805.80 for PW 04- 00- 03 -14, Okeechobee Highway 441 Streetscape; seconded by Council Member (11,..0 to- j Ctn vzi . /1-v ice ° I — / j Cr.4u ° .5 A._ i Li /e lit-x -- .e I 0 Al /(,�{-` (: r Cr V( /fti t-1 C. A Q /2/,--( J lr i .&I L d ,l. / /9-x4 `-,1 Li.. (Li "64_,/c z. 11 ll z " z ii. pele. L,emu -1) ;l t <, pyit ..1/44eZiAl A4LL:14-e (t(7)11 dZ4 td D-7 k IL/16/i). 1/(' VC/4. 'C-14 )1L0 ;:t1J 1 -) Z'Ci r._-e5--tit cf rt _ 7 /r VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS • YEA Page7of 8 O'CONNOR - YEA OTION CARRIED. Discuss the demolition of the Train Depot - Councilman Watford. 0-u) ,t,tpkotij (1)/Detidi- i) t.;e4/,' i( yputui= -4 Ci (LT iLik zYc 1't tsf ,( (C, « e- tc.„4 71-)ts- ,J)t,o,t‘li4)0 „(e,_,L vf p e:Tc )1_ r-A t/(i%)-tz-e L.JA A e( (t (1) 1,1 1.)ThiLS) j)1 ( ,?_\<3 jlo ocil (t-IA in_ej e fz:6- pL (A-1(Ln ftei (1411DIY Lui-o (z 1e) -24 ,4! Le.Lag_ L1&4 »t L ‘e( 6. 6._.) Cf, 0_ I U., § Cepa? 6) (I'LL '11 ,J197Q-1.-( 111-1-4; d c 4,i)-d it,g4 A& (t (''')Lei--i -° )' 66 (57 /I' 1 0 0 c'iL4 lo eAt,1 — (i_, (14 ACI j/AIA}L-f. o-1: IL-b-v:te y w - di „i -V--/u2iu A (b, -h, 0 i___ a-ei IL) ,1 t 1,-/-d-- /2-74 c.c, /4 144 k (J ' ALL( LO -1/-6 (2_ 1.1 fi (1;- (;..( ,r2LC, 1 Lek" -AA- 6 L-111/ 4 z.) CLDC, , /21 ri, z) e,<.yclit-e-t,,Li`c - _ef,,_., i /Y/ /,',), ,, e-uryt.,2 , »p971, J( tic /(4) 1. it d 1 KC gi"-t /C,114 L- :141 frkti - 4ite, :11ti.).‘„24,/t(Li - 1(/ tictz;el /14". tu et" ittm ADDED TO T Requestcftom OKMS to have holo rides in the park for Labor Day 7 uf) Crx (I, I -7), )1 r)67 ./1,47(1).4, Lf 1,4 tail"— 04 ei jilir 4 y'Att, 74-1/01-) txrx (1,1u)A4' /14-71 (X2 L-L 0)51 - tia Azi2-tu o-S14e2iLti at Lb ktli J 1 4 7)1( (- py 6e, ki T_ 7- relt- 6-L y X. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at scheduled meeting is August 19, 2014. (-4--/ yi j(LJ /94-d ,,V4f0el, (21)1411( Page 8 of 8 p.m. The next regular / Ii L /9-760-7,; Z-je-ce /tyr.,C214,t. jlc 24L L t (42_ i( J2/0 1ZL-° s_ji (Ai , t-e 4.,a_11-7 6 j.„,L kc ''s11-44''4'q.--fi l39 j41' q/E' PROCLAMATION Office of the Mayor CITY OF OKEECHOBEE, FLORIDA NOTICE OF GENERAL CITY ELECTION NOVEMBER 4, 2014 WHEREAS, under and by virtue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida State Laws, it is the duty of the Mayor to proclaim an4 call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; and WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, for the purpose of electing the following officers to serve as such, for four years, beginning January 5, 2015, and ending January 7, 2019, following such election or until their successors are elected and qualified: THREE (3) COUNCIL MEMBERS AND ONE (1) CITY CLERK Said General Election shall be held on Tuesday, November 4, 2014, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m.; and during the Early Voting period as provided by State Law, to be held on October 25, 2014, through November 1, 2014; to be held in the County polling or voting places within the Municipal Precincts, which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of General City Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 15th day of J 201 ter' ATTEST: James E. Kirk, Mayor 9 Lane Gamioteef, CMC, City Clerk Presented To LANE GAMIOTEA In recognition of completing 25 Years of Continuous Service as a Dedicated Employee and Elected Official for the City of Okeechobee, Florida July 14, 1989 through July 14, 2014 Presented this 15`h day of July, 2014 by the Members of the City Council Dowling R. Watford, Jr., Council ember Michael G. O'Connor, Counci ember D. Cla ams, Jr., Council Member well, Council ember / / 4 ---L.. c...,``( James E. Kirk, Mayor ATTEST: Melisa Jahner, C , Deputy City Clerk ,,,exhibit 1 RESOLUTION NO. 2014 -03 July 15, 2014 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 15, 2014, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrator for the City of Okeechobee, to prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2014, and said assessment is a non -ad valorem assessment; and NOW, THEREOF, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01 -08, Florida Statutes 197 and other applicable provision of law. Resolution No. 2014 -03 Page 1 of 3 14Ir►' SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of $404,793.12 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $230.52. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September30, 2015, in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: Date: Tuesday, July 15, 2014 Time: 6:00 p.m., or as soon thereafter as can be heard. Place: City Hall, 55 S. E. 3rd Avenue, Okeechobee, Florida. Resolution No. 2014 -03 Page 2 of 3 Now Niro' The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 15th day of July, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2014 -03 Page 3 of 3 INDEPENDENT J M NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 0. W.' 17th Street, Suite 1), Okeechobee, FL 34979 (863) 763-3134 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, Flogda, that the attached copy of advertisement being a 3 t.:. •L_c,_ 1 in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of L1 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee,,in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. / Tom Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large AD ANGIE BRIDGES MY COMMISSION i EE 177653 BRAES: Apra 20, 2016 Baked now Notary WdlcUrderveNns NOTICE OF PUBLIC HEARING TO CONTINUE IMPOSITION AND PROVIDE FOR SOLID WASTE COLLECTION SPECIAL ASSESSMENTS PURSUANT TO FLORIDA STATUTES 197.3632, NOTICE IS HEREBY GIVEN by the City Council of the City of Okeechobee, Florida, will conduct a public hearing to consider continuing the imposition of annual solid waste collection special assessments for the provision of residential solid waste collection and disposal services within the incorpo- rated area of the City of Okeechobee, Florida. The hearing will be held at 6:00 p.m., or as soon thereafter as possible, on Tuesday, July (5, 2014 in the Council Chambers, City Hall, 55 SE 3rd Avenue, Okeechobee, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Council within twenty (20) days of this notice. If a person decides to appeal any decision made by the City Council with respect to any matter considered at the hearing, such person will need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is based City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863 - 763 -3372 for assistance. Copies of the Solid Waste Collection, Disposal and Assessment Ordinance No. 784 and all subsequent Assessment Resolutions are available for inspection at the Office of the City Clerk located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida, Mon- day to Friday, 8:00 a.m. to 4:30 p.m. except holidays. The assessments are a non -ad valorem assessment and will be collected by the Tax Col- lector in the same manner as your ad valorem tax bill, to be mailed in November 2014, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. By: James E. Kirk, Mayor Attest: Lane Gamiotea, CMC, City Clerk ,,,, hibit 2 RESOLUTION NO. 2014 -04 July 15, 2014 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01 -08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2014 -2015; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 15, 2014, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2014, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2014 -2015 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01 -08, Florida Statutes 197 and other applicable provision of law. Resolution No. 2014 -04 Page 1 of 4 SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution No. 01 -08, and also as adopted as the preliminary rate resolution for Fiscal Year 2014 -2015 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year ending September 30, 2015 in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is $404,793.12. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. c. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2014 -2015 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01 -8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2014 -2015 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2014, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2014 is adopted as the rate of assessment for the 2014 -2015 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. Resolution No. 2014 -04 Page 2 of 4 Nov SECTION 5. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 15`h day of July, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2014 -04 Page 3 of 4 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2015. $230.52 The maximum amount to be levied in the year 2016: $242.05 The maximum amount to be levied in the year 2017: $254.15 The maximum amount to be levied in the year 2018: $266.86 The maximum amount to be levied in the year 2019: $280.20 The maximum amount to be levied in the year 2020: $294.21 The total annual revenue to be collected by this assessment for 2014 -2015 is: $404,793.12 The estimated total annual revenue to be collected by this assessment for 2015 -2016. $425,032.78 The estimated total annual revenue to be collected by this assessment for 2016 -2017• $446,284.41 The estimated total annual revenue to be collected by this assessment for 2017 -2018. $468,598.64 The estimated total annual revenue to be collected by this assessment for 2018 -2019• $492,028.52 The estimated total annual revenue to be collected by this assessment for 2019 -2020. $516,630.00 Resolution No. 2014 -04 Page 4 of 4 ',or" Exhibit 3 RESOLUTION NO. 2014 -05 July 15, 2014 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2014 /2015, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has determined that for the health and welfare of the community, each and every place of business, or other type of structure or abode shall be required to place their garbage and trash for pick up and disposal in a safe and sanitary manner prescribed by the City Council; and WHEREAS, the City Council of the City of Okeechobee entered into a Solid Waste Collection and Disposal Services Agreement with Waste Management, Inc., of Florida on July 7, 1987, as amended, to provide such collection and disposal services to the community; and WHEREAS, as provided in Code Book Section 42 -52, the City Council shall establish the charges and rates for the collection and disposal services required. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. COMMERCIAL RATES. 1. Commercial Rates Per month for solid waste collection and disposal services shall be as follows, from October 1, 2014 to September 30, 2015 (rates below include 10 percent franchise fees): Pick - ups /Week Container Size 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk 7x/wk XPU 2 CUBIC YD Collection $ 60.94 $ 110.95 $153.61 $ 196.25 $238.92 $ 281.57 $ 324.24 Disposal $ 21.11 $ 42.22 $ 63.33 $ 84.44 $105.55 $ 126.66 $ 147.77 Fuel $ 12.26 $ 22.34 30.96 $ 39.56 $ 48.18 $ 56.80 $ 65.43 Total $ 94.31 $ 175.51 $247.90 $ 320.25 $392.65 $ 465.03 $ 537.44 541.08 3 CUBIC YD Collection $ 84.23 $ 143.85 $182.94 $ 211.69 $254.81 $ 297.95 $ 341.07 Disposal $ 31.67 $ 63.33 $ 95.00 $ 126.66 $158.33 $ 189.99 $ 221.66 Fuel $ 16.96 $ 29.53 $ 37.75 $ 43.94 $ 52.98 $ 62.02 $ 71.06 Total $ 132.86 $ 236.71 $315.69 $ 382.29 $466.12 $ 549.96 $ 633.79 $52.70 4 CUBIC YD Collection $ 99.69 $ 165.02 $195.87 $ 244.05 $283.58 $ 325.40 $ 367.21 Disposal $ 42.22 $ 84.44 $126.66 $ 168.88 $211.10 $ 253.32 $ 295.54 Fuel $ 20.09 $ 33.37 $ 39.78 $ 49.64 $ 57.79 $ 66.39 $ 74.99 total $ 162.00 $ 282.83 $362.31 $ 462.57 5552.47 $ 645.11 $ 737.74 $57.29 6 CUBIC YD Collection $ 131.20 $ 193.60 $256.22 $ 314.80 $368.53 $ 422.25 $ 475.97 Disposal $ 63.33 $ 126.66 $189.99 $ 253.32 $316.65 $ 379.98 $ 443.31 Fuel $ 26.51 $ 39.33 $ 52.21 $ 64.27 $ 75.39 $ 86.49 $ 97.60 dotal $ 221.04 $ 359.59 $498.42 $ 632.39 $760.57 $ 888.72 $ 1,016.88 $71.40 8 CUBIC YD Collection $ 147.87 $ 213.01 $268.22 $ 323.46 $376.44 $ 430.55 $ 484.66 Disposal (1) $ 84.44 $ 168.88 $253.32 $ 337.76 $422.20 $ 506.64 $ 591.08 Fuel $ 29.95 $ 43.48 $ 55.02 $ 66.58 $ 77.69 $ 89.00 $ 100.33 Total $ 262.26 $ 425.37 $576.56 $ 727.80 $876.33 $1,026.19 $ 1,176.07 $81.11 Resolution No. 2014 -05 Page 1 of 2 Commercial Cans # of Cans 1 2 3 4 5 6 lx/wk $8.58 $11.29 $13.80 $16.59 $24.84 $46.71 Disposal $3.84 $7.68 $11.52 $15.36 $19.20 $23.04 Fuel $1.73 $2.29 $2.83 $3.40 $5.08 $9.43 Total $14.15 $21.26 $28.15 $35.35 $49.12 $79.18 Optional Services Casters $8.72 per month maintenance Roll -out $8.72 per month per number of service days /week Lockbar $93.54 per installation Lock/Unlock $12.47 monthly fee times the number of pickups /week ROLL -OFF COLLECTION AND DISPOSAL RATES $72.15 20 yard 30 yard 40 yard Compactor Rate per pull plus disposal $182.48 $192.51 $202.53 $202.53 Fuel per pull $36.26 $38.25 $40.24 $40.24 Total $218.74 $230.76 $242.77 $242.77 Wasted Trip Charges $72.15 Monthly Charges/Two Haul Min: $72.16 Disposal: C & D per ton $19.57 Garbage per ton $35.00 Vegetation per ton $16.92 Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. (1) The Disposal portion of the above rates is to be calculated as the product or the current per -ton Disposal Charge at the Waste Management Okeechobee Landfill ($35.00) and the Weight Per Cubic Yard Factor as set forth below: PROPOSED Weight Per Cubic Yard Factor is: 139.3 pounds per cubic yard. SECTION 2. RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection and Disposal Services within the City of Okeechobee, effective October 1, 2014 to September 30, 2015 is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Commercial Rates over those set out in Section One, which will not occur without public notice and hearing. SECTION 3. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 4. EFFECTIVE DATE. The charges and rate established by this Resolution shall take effect on the 1" day of October 2014. INTRODUCED AND ADOPTED in regular session this 15th day of July, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2014 -05 Page 2 of 2 RESOLUTION NO. 2014 -06 Ju chibit 4 y 15, 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING A FLORIDA POWER AND LIGHT NATURAL GAS POWER PLANT IN OKEECHOBEE COUN 1! FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; • PROVIDING FOR AN EFFECTIVE DATE. A WHEREAS, Florida Power and Light (FPL), has submitted property owned by FPL in Okeechobee County, Florida, to the Public Service Commission as a preferred sight for the location of a natural gas power plant; and WHEREAS, there would be tremendous economic impact and benefit to our community should the Okeechobee site be developed; and WHEREAS, a natural gas power plant is an excellent fit for Okeechobee's rural and agricultural community and the property is already zoned appropriately; and WHEREAS, the taxpayers' in our community would benefit from the reduced tax burden as school related millage rates and county millage rates would be significantly reduced in light of new revenue; and WHEREAS, it is estimated that 300 jobs would be created during the two -year construction period, and up to 40 long -term operational positions created at the plant, would provide much - needed employment opportunities to many Okeechobee residents; and WHEREAS, making such a significant capital investment in Okeechobee would clearly exemplify FPL's long -term commitment to partnering with the Okeechobee community during the life of the plant; and WHEREAS, the Northeast Okeechobee County preferred site is in close proximity to the Florida Southeast Connection Natural Gas Transmission Pipeline proposed route; and WHEREAS, the Okeechobee site is geographically located close to 60 percent of FPL's main customer base in South Florida which would reduce transmission losses; and WHEREAS, the size of the Okeechobee property (2,800 acres), allows ample buffering for the plant and provides space for expansion to meet the future generation needs of FPL; and WHEREAS, State Road 60 is part of FDOT's Strategic Intermodel Highway System, providing adequate transportation and accessibility for the Okeechobee site; and WHEREAS, due to Okeechobee's relatively small size, we are able to respond to the planning needs and projected FPL timeline and to expedite the permitting process; and WHEREAS, Okeechobee County would allocate a portion of its Enterprise Zone to the Okeechobee site to provide tax benefits to FPL; and WHEREAS, this would be a mutually beneficial partnership between FPL and the citizens of the City of Okeechobee, and Okeechobee County, Florida. Resolution No. 2014 -06 Page 1 of 2 NOW, THEREFOR it resolved before the City Council for the Mileof Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. The City Council for the City of Okeechobee, Florida, does hereby support and advocate for the placement of a natural gas -fired power generation plant on the Florida Power and Light Northeast Okeechobee County preferred site and that is hereby resolved that it is in the best interest of the citizens of the City of Okeechobee, Florida. SECTION 2. Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 15' day of July, 2014. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2014 -06 Page 2 of 2 James E. Kirk, Mayor EXHIBIT 5 JULY 15, 2014 Exhibit 5 will be provided at the meeting RESOLUTION NO. 2014 -07 A413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING, ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee (CITY), Florida, is very concerned over the appearance of street rights -of -way, sidewalks, medians islands, and interchange areas within the corporate limits of the City of Okeechobee; and WHEREAS, the CITY, after discussion with the State of Florida Department of Transportation (FDOT), believes that it can better preform the maintenance and landscaping of those areas; and WHEREAS, the FDOT has agreed to provide annual funds in the amount of eight thousand, six hundred thirty -two dollars and fifty -nine cents ($8,632.59) for a period of three years; and may be renewed for an additional three years; and WHEREAS, the CITY believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1 The Mayor is authorized to execute an agreement entitled "Maintenance Agreement No. BDX99" FM No: 432726- 1- 78 -03, between the CITY, and FDOT. Agreeing to maintenance of traffic, roadside mowing, roadside litter removal, road and bridge sweeping, edging and sweeping as set out in said agreement, attached herewith as Exhibit 1, within medians islands, interchange areas and rights -of- way, in exchange for the payment of eight thousand, six hundred thirty -two dollars and fifty -nine cents ($8,632.59) annually. Payments shall be invoiced by the CITY to FDOT, and disbursed as set out in said agreement. It shall be for an initial term of three years, and may be renewed for an additional three years, contingent upon written mutual consent executed by the CITY and FDOT, and satisfactory performance evaluations by the FDOT. SECTION 2. Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. Resolution No. 2014 -07 Page 1 of 2 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED by the City of Okeechobee, this 15th day of July, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2014 -07 Page 2 of 2 City Council Agenda: July 15th, 2014 Agenda Item Exhibit 6 July 15, 2014 Motion 1: Approval of maximum millage rate for advertisement for 2014 Tax notices, 8.7997 for budget year 2014 -2015. Motion 2: Approval of 2014 -2015 Budget Preparation and Millage Calendar setting workshop(s) to be held August 19th, 5:OOpm, August 26th at 5:OOpm (if needed), First Public Hearing September 16th at 6:00 pm, and Final Public Hearing September 30th, 2014 at 6:00 pm, all to be held in Council Chambers at 55 SE 3"d Avenue, Okeechobee, FL. Background: This proposed rate of 8.7997 is the calculated rollback/rollforward rate with plus 1 mil. Taxable Values used within the budget. * *CPI (Change in Per Capita Income) provided by State Statute ** *New Construction value $1,053,862 Total Taxable Value 97 %* FY 2013/2014 Budgeted 2013/2014 Taxable Value: $233,729,541 $226,717,654 $224,741,450 2014/2015 Same property Values: (Values w/o New Construction) $232,035,664 $225,074,594 Decrease in same properties ($1,693,877) (.0072 ($1,643,060) (.0072) Millage Rate, 7.7432 generated Ad Valorem Revenue $1,796,698 $1,742,797 $1,740,218 2014/2015 Rollback/Rollforward Millage Rate, 7.7997 (w /o New Construction) $1,809,808 $1,755,514 2014/2015 Rollback/Rollforward Millage Rate, w /CPI 8.0454 ** (w /o New Construction) $1,866,819 $1,810,815 2014/2015 Rollback/Rollforward Millage Rate + 1 mill 8.7997 (w /o New Construction) $2,041,844 $1,980,588 Ad Valorem Revenue with New Construction*** $2,056,749 $1,995,047 Taxable Values used within the budget. * *CPI (Change in Per Capita Income) provided by State Statute ** *New Construction value $1,053,862 BUDGET CALENDAR FOR YEAR 2014/2015 Exhibit 7 July 15, 2014 07/01/2014 Certification from Property Appraiser 07/15/2014 Set date, time and place for public hearings and set maximum millage rate for tentative budget (regular council meeting) 08/19/2014 Budget Workshop, 5:00 pm (regular council meeting) 08/26/2014 Second Budget Workshop, 5:00 pm, (if needed) 09/16/2014 First Public Hearing at 6:00 pm (regular council meeting) 09/30/2014 Final Public Hearing at 6:00 pm All meetings to be held: Council Chambers at City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 City of Okeechobee Memo Exhibit 8 July 15, 2014 July 7th, 2014 To: Mayor and Councilmen From: India Riedel, Finance Director Brian Whitehall, City Administrator Subject: Health Benefits Group Health insurance premiums continue to rise instead of leveling or decreasing. • Healthcare Reform Taxes and fees: $63.00 Per member per year • Prescription drugs continue to be utilized and the plans claims are up 14.1% • City claims per covered member 156% of premium (health and prescription) • The city has had 2 consecutive years of higher claims per covered person than premiums. PRM board elected to use $500,000 reserves to offset the groups' premiums. With the terms of the PRM Group Health Trust, all claims are pooled, an average of premiums are determined and individual entities claims are reviewed for deviation. The maximum the City can increase in any one year is 6 pts. over the group average. The group average after applicable credits is 4 %, leaving us with a 10% renewal rate, keeping the same benefits. A thorough review of the 10 plans offered through PRM resulted in a couple of options to consider. Cost and comparisons of the 3 are attached. Plans offered within the PRM grouping either meet or exceed the benefits required by the Patient Protection and Affordable Care Act (PPACA). Current Plan premium per month per employee for individual coverage is $545.56, new premium $600.10. A thorough review of the 10 plans offered through PRM resulted in a couple of options to consider. (Attached is a synopsis of major areas of differences in each plan, and is not a full summary of coverage.) *Plans offered within the PRM grouping either meet or exceed the benefits required by the Patient Protection and Affordable Care Act (PPACA). 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763 -3372 / (863) 763 -1686 Fax Option #1 Continuing with the current plan the City's cost will be $45,160 higher than fiscal year 2014. City cost for FY 2014, Blue Options 3748 Plan : $451,723 City cost for renewal, Blue Options 3748 Plan : $496,882 Cost Difference : $ 45,160 Option #2 Cost avoidance for the City in adding the HMO 59 plan and the City using the IIMO as the base plan would save $4,455. City cost for renewal, Blue Options 3748 Plan : $496,882 City cost if we use HMO 05 Plan as base Plan : $447,269 Cost Avoidance: ($ 49,613) Disadvantages (drawbacks): No out of state coverage (Emergency is the only exception) Named Primary Doctor No Coverage for Non - Providers GOOD: Continued Co -pays for FP & SP Prescription cost included in out -of- packet maximum Option #3 Cost avoidance for the City in adding the PP0727 plan and the City using the plan as the base plan, would save $13,960. City cost for renewal, Blue Options 3748 Plan : $496,882 City cost if we offer only the PP0227 Plan $437,763 Cost Avoidance: ($ 59,119) Disadvantages (drawbacks) Change in Provider List Co -pays and deductible and prescriptions not in max out of pocket 20% Co- insurance on most services (subject to Maximum out -of- pocket, $1,500) Increase of out - pocket expense to Employee $500 (to $2,000) GOOD: Continued Co -pays for FP & SP Option #4 Provide $575.00 per month, per employee towards Health Insurance Premiums and Health Savings Account. City cost for renewal, Blue Options 3748 Plan : $496,882 City cost if we offer only the HSA 5168 Plan : $426,039 City cost for monthly HSA fee : $ 2,236 /19i --- a (.P, &3' ' c'c City contribution to HAS Acct. or Current Plan: $ 50,061 Cost Avoidance: ($18,546) Disadvantages (drawbacks) Change in Provider List High Deductible, $1,500; Maximum out -of- pocket maximum $1,500 No FP or SP Co -pays GOOD: After deductible pays 100% Prescription cost included in out -of- packet maximum 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763 -3372 / (863) 763 -1686 Fax a(c3q ? -r 5c,_°_(!._ ity of Okeechot Memo July 15th, 2014 To: Mayor and Councilmen From: India Riedel, Finance Director Brian Whitehall, City Administrator Subject: Health Benefits - Recommendations z�m . F, Ex 8 1. Stay the course, with option #1 with the increased cost of $45,000..... 2. Contributory Plan- Continue with the current plan, and Employee Contributes 5% of proposed premium: • $30 per month /$360 a year: cost avoidance 24,840 (Sharing reduces the cost to the City, $20,320) Employee Contributes 10% of proposed premium: • $60 per month /$720.00 a year; More than covers the increase ($48,000) • 3. Offer Option #3 Plan — • Cost Avoidance - $59,000 Cost Savings, $14,000 Continue to offer Option #1 (Current Plan) as a buy up plan, $856 /year $71.00 monthly. 4. Offer Option #4- Flat contribution amount of $575.00 per month • Amount can be used for current plan with the difference of $25.00 per month as contributory HSA premium $514, difference of $61 to Health Savings Escrow Account 5. Offer Option #2 — Out of network, Council has not been favorable of this type of plan in the past. 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763 -3372 / (863) 763 -1686 Fax OT 3,, 0 Case # 13 -098 Janet Estrella 919 NW 10th Street 30 -43 Public Nuisance 30 -44 General Cleaning & Beautification 07/31/2013 — Sent Courtesy Letter to Ms. Terri Coule, Holder of the mortgage. 09/06/2013 — Mailed Notice of Violation. 09/07/2013 — Notice of Violation received, signed by Janet Estrella. 12/18/2013 — Mailed Notice of Hearing. 12/27/2013 — Notice of Hearing returned, not deliverable as addressed. 01/08/2014 — Posted property. City of Okeechobee Change Order Exhibit 10 July 15, 2014 Project: PW 04- 00 -03 -14 - Okeechobee Highway 441 Streetscape Change Order No. 1 Contractor: Tree Locators Inc. Date: 7/1/2014 Owner: City of Okeechobee Agreement Date: May 5, 2014 Change order requested by: Tree Locators /City of Okeechobee The following changes are made to the contract documents: Contract amount and contract time: Original contract amount $72,987.60 Net increase of contract amount resulting from this change order $13,805.80 Current contract amount including this change order $86,793.40 Original contract time 60 calendar days Current contract time adjusted by previous change order 0 calendar days Net (increase) (decrease) resulting calendar days from this change order 14 calendar days Current contract completion date including this change order July, 4 2014 Changes ordered: I. General: This change order is necessary to cover changes in the work to be performed under the contract. II. Required changes 1. Addition of mulch not included in original bid tab sheet $3,193.00 2. Adjustment due to plant quantity errors in original bid documents $633.20 3. Addition of plants added to project at request of the City of Okeechobee (see Attached Plant List) $9,364.60 4. Additional Mulch required for additional plantings per item 3 above $615.00 Total $13,805.80 Page 1 of 2 Bid # PW 04- 00 -03 -14 Change Order # 1 III. Justification: Change order required in order to correct errors in original bid document as well as to add additional plants requested by the City and approved by FDOT. IV. Payment: Upon submittal of invoice. V. Approval and change authorization: Acknowledgments: the aforementioned change, and work effected thereby, is subject to all provisions of the original contract not specifically changed by this change order; and it is expressly understood and agreed that the approval of the change order shall have no effect on the original contract other than matters expressly provided herein. Recommended by: David Allen Public Works Director By: Signature i ~ii Date: Accepted by: by Contractor Signature Appra ed by: City of Okee bee Signat, reand Title Date: � i"/ Bid # PW 04- 00 -03 -14 Page 1 of 2 Change Order # 1 Attachment 1 Additional plants requested by City 87 additional Asparagus /Foxtail Fern 282 compact bougainvilla 343 Ilex vomitoria 465 Juniperus conferta 160 Muhly Grass 3 Crape Mrtyle- coral pink Page 1 of 2 Bid # PW 04- 00 -03 -14 Change Order # 1 APPLICATION AND CERTIFICATION FOR PAYMENT FDOT HighwayBeautification Gt PAGEONEOF 1 PAGES 1 TO OWNER City of Okeechboee 55 SE 3rd Av Okeechobee, FL 34974 dallen@citvofokeechobee.com FROM CONTRACTOR: Tree Locators Inc PROJECT: Hwy 441 Medians Landscape APPLICATION NO: City Resolution No 12 -08 9/25/12 Bid opening - 4/9/14 PERIOD TO: VIA ARCHITECT: HJA Design Studios ENGINEERS: Culpepper & Terpening, Inc Michael Houston 16162 Hwy 441 N, Okeechobee, FL 34972 31 E Ocean Blvd atboshell @aol.com Stuart FL 34994 CONTRACT FOR: mhouston@hjadstudio.com FDOT Highway Beautification Grant Funded Distribution to: OWNER ARCHITECT CONTRACTOR ENGINEER PROJECT NOS: FDOT FPID #433826- 1 -74 -01 Contract #AR092 City PW 04- 00 -03 -14 CONTRACT DATE Notice to Proceed - May 5, 2014 Construction completion - Jul 31, 2014 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 2) 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) 5. RETAINAGE: a. 5 % of Completed Work $ 8614.67 (Column D + E on G703) b. % of Stored Material $ (Column F on G703) Total Retainage (Lines 5a +5b or Total in Column 1 of G703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE '1'0 FLN1SH.INCLUDING RETAINAGE (Line 3 less Line 6) The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 5 72.987.60 5 13,805.80 CONTRACTOR: 86,793.40 5 86,793.40 By: Date: State of: Subscribed and sworn to before me this Notary Public: My Commission expires: County of: day of 5 8.614.67 ARCHITECT'S CERTIFICATE FOR PAYMENT $ 78.178.73 In accordance with the Contract Documents, based on on -site observations and the data comprising the application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 65,063.22 13.115.51 8.614.67 CHANGE ORDER SUMMARY Total changes approved in previous months by Owner ADDITIONS DEDUCTIONS Total approved this Month TOTALS NET CHANGES by Change Order $13,805.80 AMOUNT CERTIFIED $ 13,115.51 (Attach explanation if amount certified dyers from the amount applied. Initial all figures on this Application and onthe Continuation Sheet that are changed to conform with the amount certified.) ARCHITECT: By: Date: 513,805.80 50.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 513.805.80 AIA DOCUMENT G702 - APPLICATION AND CERTIFICATION FOR PAYMENT - 1992 EDITION • AIA • 01992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. DC 20000.5292 Users may obtain validation of this document by requesting a completed AIA Document D401 - Certification of Document's Authenticity from the Licensee. Note: Items in RED FONT are automatically calculated from the G703 form or from items within this G702 Form. Do NOT hand enter these items on this sheet. CONTINUATION SHEET AEA DOCUMENT G703 AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing Contractor's signed certification is attached. Use Column I on Contracts where variable retainage for line items may apply. PAGE 2 OF 2 APPLICATION NO: APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO: PAGES 2 7/1/2014 7/11/2014 13020 A 13 C D E F 0 H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D +E +F) (G + C) BALANCE TO FINISH (C - G) RETAINAGE OF VARIABLE RATE) ROM PREVIOUS APPLICATION (D + E) THIS PERIOD 102 -1 Maintenance of Traffic $3,500.00 $3,500.00 $0.00 $0.00 $3,500.00 100.00% $175.00 580 -1 -1A NERIUM OLEANDER /DWARF PINK 51,832.00 51,832.00 $0.00 51,832.00 100.00% $91.60 580 -1 -1B SERENOA REPENS /SILVER SAW PALMETTO 51,080.00 51,080.00 $0.00 $1,080.00 100.00% $54.00 580 -1 -1C ASPARAGUS MEYERI /FOXTAIL FERN $333.20 $333.20 $0.00 $333.20 100.00% 516.66 580 -1 -1D BOUGAINVILLEA X/COMPACT BOUGAINVILLA $6,760.00 $6,760.00 $0.00 56,760.00 100.00% $338.00 580 -1 -1E DIANELLATASMONICA /VARIGATED FLAX LILY $2,167.20 $2,167.20 $0.00 $2,167.20 100.00% $108.36 580 -1 -1F HYMENOCOLLIS LATIFOLLA /SPIDER LILY $2,088.80 52,088.80 $0.00 52,088.80 100.00% 5104.44 580 -1 -1G ILEX VOMITORTA /DWARF SHILLINGS HOLLY $13,168.00 $13,168.00 $0.00 $13,168.00 100.00% $658.40 580 -1 -1H JUNIPERUS CHINENSLS /PARSONI JUNIPER $733.60 5733.60 $0.00 5733.60 100.00% $36.68 580 -1 -11 JUNIPERUS CONFERTA/BLUE PACIFIC JUNIPER $3,418.80 $3,418.80 $0.00 $3,418.80 100.00% 5170.94 580 -1 -1J MUHLENBERGIA CAPILLARIS /PINK MUHLY 51,896.00 $1,896.00 $0.00 $1,896.00 100.00% $94.80 580 -1 -1K ZAMIA PUMILA /COONTIE $3,360.00 $3,360.00 $0.00 $3,360.00 100.00% 5168.00 580 -1 -2A CATHEDRAL LIVE OAK $3,750.00 53,750.00 $0.00 $3,750.00 100.00% $187.50 580 -1 -2B CABBAGE PALMETTO $8,900.00 58,900.00 $0.00 $8,900.00 100.00% $445.00 580 -1 -2C SIOUX CRAPE MYRTLE $5,850.00 $5,850.00 $0.00 $5,850.00 100.00% $292.50 580 -1 -2D CRAPE MYRTLE CORAL PINK 57,150.00 57,150.00 $0.00 57,150.00 100.00% 5357.50 580 -1 -2E JAPANESE PRIVET $2,500.00 $2,500.00 $0.00 52,500.00 100.00% $125.00 90 Day Warranty Period 54,500.00 $4,500.00 $0.00 $4,500.00 100.00% $4,500.00 C01 -1 ASPARAGUS MEYERI /FOXTAIL FERN V $243.60 50.00 $243.60 $243.60 100.00% 512.18 C01 -2 BOUGAINVILLEA X /COMPACT BOUGAINVILLA ✓ $2,820.00 50.00 $2,820.00 $2,820.00 100.00% $141.00 C01 -3 ILEX VOMITORTA /DWARF SHILLINGS HOLLY ✓ $2,744.00 $0.00 52,744.00 $2,744.00 100.00% $137.20 C01 -4 JUNIPERUS CONFERTA /BLUE PACIFIC JUNIPER ✓$1,302.00 $0.00 $1,302.00 $1,302.00 100.00% 565.10 C01 -5 MUHLENBERGIA CAPILLARIS /PINK MUHLY v $1,280.00 $0.00 51,280.00 51,280.00 100.00% $64.00 C01 -6 CRAPE MYRTLE CORAL PINK . v' $975.00 $0.00 $975.00 $975.00 100.00% $48.75 C01 -7 ✓ Mulch - Original Bid omission $3,193.00 $0.00 53,193.00 $3,193.00 100.00% $159.65 C01 -8 V Plant Adjustment - Original Bid Tab error $633.20 $0.00 $633.20 $633.20 100.00% $31.66 C01 -9 V Mulch for additional plantings 5615.00 $0.00 $615.00 $615.00 100.00% $30.75 GRAND TOTALS $86,793.40 $72,987.60 $13,805.80 $0.00 S86,793.40 $0.00 $8,614.67 AIA DOCUMENT G703 • CONTINUATION SHEET FOR G702. 1992 EDITION • A A • ©1992 sersT"t lids?EBi{�SiT'aTFtF�dt�irdl'Tli dbDl�h' �ii��§` itj€ tr'i'fNfFT @'1i2�n"�t$o3Ttpleted AIA Document D401 - Certification of Document's Authenticity To: MEMORANDUM Mayor Kirk and City Council Mem e From: Brian Whitehall, Administrator Subject: Additional Item to Agenda Date: July 15, 2014 Please consider adding the following new business item to the agenda: Approve the inclusion of Helicopter Tours with the Labor Day Celebration Festival. Thank you. CITY OF OIZEECHOBEE (863) 763-3372 FAX (863) 763 -1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOR'S OFFICE 55 SE 3RD AVENUE OREECHOBEE/ FLORIDA 34974 NAME: Sharie Turgeon ADDRESS: 55 S. Parrott Ave. Okee, FL. 34972 TELEPHONE: 863- 357 -6246 FAX: MEETING: REGULAR ® SPECIAL ❑ WORKSHOP ❑ DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: Incorporate Helicopter Tours with the Labor Day Celebration festival.___ PLEASE STATE W HAT DEPARTMENT(S) YOU HAVE WORKED WITH: Public Works PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: Approve the_nclusionof Helicopter Tours with the above mentioned festival. PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUM ENTS: Included the business information on the company conducting the tours. permission from the- Commapnder-at- the - American- Legion -to-�/ use - the -a vacant- field -- south -of the Fire -Dept. Spoke with IF the PRESENTATION IrSITO will MADinterfere LEE IMITaTnHEtTIIMEn1.0eTENrMINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: c51 0.4.1..i - /a2c2490.- DATE: 7/11/14 OKEECHOBEE UTILITY AUTHORITY REGULAR MEETING MINUTES Tuesday, June 3, 2014 8:30 A.M. Okeechobee Utility Authority Board Room Okeechobee, Florida <inly J�tll7 /5, e/y c A-6 Chairperson Clay called the meeting to order at 8:34 A.M. with the following members and alternates present: Board Members: Alternates: Melanie Anderson* John Creasman Noel Chandler* Jeff Fadley ** Tommy Clay* Harry Moldenhauer Thomas Hoover* * Regular Board Members ** Voting in Steve Nelson's absence. OUA Members: John Hayford, OUA Basil Coule, OUA Roy Reno, OUA Kristy Hamblen, OUA Tom Conley, OUA Chairperson Clay addressed Agenda Item No. 2. 'Meeting Minutes from May 13, 2014' Motion by Noel Chandler to approve the Meeting Minutes from May 13, 2014 as presented. Second by Melanie Anderson. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 3 'June Board Meeting Date Change' Attorney Tom Conely advised that the June meeting was moved due to an earlier date due to a conflict in several Board Members' schedule. A ratification of the change of date is needed. Motion by Noel Chandler ratifying the change of date from June 10, 2014 to June 3, 2014. Second by Jeff Fadley. Vote unanimous (5 -0), motion carried. Chairperson Clay advised that Agenda Item 9 'Battlefield Survey' will be moved before the Public Hearing. Chairperson Clay addressed Agenda Item No. 9 'Battlefield Survey' Executive Director Hayford advised that Mr. Dowling Watford has asked the OUA to participate in a Florida State Park and National Park Service archaeological survey on lands surrounding the Okeechobee Battlefield. Shawn Henderson from Okeechobee Battlefield Friends, Inc. addressed the Board and presented the Board with information concerning the archaeological survey. Jeff Fadley advised Page 1 of 4 Okeechobee Utility Authority Meeting Minutes June 3, 2014 that an OUA employee should shadow the personnel during the survey. Motion by Noel Chandler to allow a one -time inspection for artifacts of the King's Bay WWTP and Eagles Landing by the Florida State Park and National Park Service. Second by Melanie Anderson. The vote was as follows: Melanie Anderson Yes Noel Chandler Yes Tommy Clay Yes Jeff Fadley Yes Thomas Hoover No Motion carries (4 -1), super majority rule. Chairperson Clay addressed Agenda Item No. 4'Public Hearing — Preliminary FY 2015 Budget' Chairperson Clay opened the Public Hearing at 8:44 A.M. Finance Director Coule briefed the Board on the presented Preliminary FY 2015 Budget. Chairperson Clay called for comments from the Public — There were none. Chairperson Clay called for comments from the Board — There was a brief discussion between Board members and staff concerning a possible opening for a Director of Operations in the near future, staff should start preparing to hire someone to allow for sufficient time to train. Thomas Hoover also advised that the proposed budget should include compensation for the Board Members. The Board further advised that there should be a timeline for Capital Improvements. Motion by Noel Chandler to adopt the preliminary FY 2015 Budget as presented and Resolution 14 -01. Second by Melanie Anderson. Vote unanimous (5 -0), motion carried. Motion by Noel Chandler to close the Public Hearing. Second by Melanie Anderson. Vote unanimous (5 -0), motion carried. Public Hearing closed at 9:50 A.M. Chairperson Clay addressed Agenda Item No. 5 'Consent Agenda' Motion by Noel Chandler to approve the Consent Agenda as follows: Consent Agenda Item No. 6 'Preliminary Finance Report for the period ending May 31, 2014' Consent Agenda Item No. 7 'Preliminary Receivership Activity Report for Pine Ridge Park for the Period ending May 31, 2014' Consent Agenda Item No. 8 'Invoice from Alcalde and Fay in the amount of $3,256.00' Second by Melanie Anderson. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 10'Ag Lease RFP' Executive Director Hayford advised that this item is for informational purposes only. Thomas Hoover out at 9:59AM. John Creasman to vote in Thomas Hoover's absence. Chairperson Clay addressed Agenda Item No. 11'Ag Lease Use Agreement' Executive Director Hayford advised that this item is for informational purposes only. Page 2 of 4 Okeechobee Utility Authority Meeting Minutes June 3, 2014 Chairperson Clay addressed Agenda Item No. 12 'Tax Certificate Purchase' Finance Director Coule advised that this item is for informational purposes only. Executive Director Hayford advised that the OUA was unsuccessful in purchasing the two Tax Certificates. Chairperson Clay addressed Agenda Item No. 13 'Purchase of Mobile Pump' Executive Director Hayford advised that the purchase of a mobile pumping unit was included in the FY 14 Budget. This unit would enable a wastewater pump station to be by- passed while work is being done at the station. The Florida Sheriff's Association Annual public bid included such a pump. Tradewinds Power Corporation submitted the lowest bid in the amount of $27,113.00. With the addition of the aluminum enclosure, larger fuel tank, extra suction and discharge hoses and other features, the total bid for the unit is $71,273.00. Motion by John Creasman to approve the purchase of the Mobile Pump in the amount of $71,273.00. Second by Jeff Fadley. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 14 `RFP for Banking Services' Finance Director Coule advised that Staff has prepared an RFP for Banking Services. Staff will publicly advertise and receive proposals. Staff will bring the results back to the Board at a future meeting. Motion by Noel Chandler to approve the RFP for Banking Services as presented. Second by Melanie Anderson. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 15 'Computers for Board Meetings' This item is for informational purposes only. Chairperson Clay addressed Agenda Item No. 16 'Items from the Attorney' Attorney Conely advised that the Seacoast lawsuit is still on going. Chairperson Clay addressed Agenda Item No. 17 'Items from the Executive Director' Executive Director Hayford advised that the OUA received a Certificate of Appreciation from FDEP for Florida Water Reuse Week, May 18 -24, 2014. Executive Director Hayford advised that staff received an invoice from Eckler Engineering for Vacuum Station No. 1 Rehab — Phase 1 Construction in the amount of $345.94. The invoice was received late due to the change of the meeting date. The Board can review and make a motion or it can be postponed until the July meeting. Motion by Noel Chandler to approve the invoice from Eckler Engineering in the amount of $345.94. Second by Melanie Anderson. Vote unanimous (5 -0), motion carried. Executive Director Hayford advised that staff also received another invoice from Eckler Engineering for the WTP Softening Evaluation in the amount of $5,405.00. Motion by Noel Chandler to approve the invoice from Eckler Engineering in the amount of $5,405.00. Second by Melanie Anderson. Vote was as follows: Melanie Anderson Yes Noel Chandler Yes Tommy Clay Yes John Creasman Yes Jeff Fadley No. Motion carried (4 -1), super majority rule. Page 3 of 4 Okeechobee Utility Authority Meeting Minutes June 3, 2014 Chairperson Clay addressed Agenda Item No. 18 'Items from the Board' There was none. There being no other business, meeting adjourned at 10:29 A.M. PLEASE TAKE NOTICE AND BE ADVISED that if a person decided to appeal any decision made by the Okeechobee Utility Authority with respect to any matter considered at this meeting, he /she may need to insure that verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A CD recording of this meeting is on file in the Executive Director's office. Chairperson Executive Director (Secretary) Page 4 of 4 June 12, 2014 The Honorable James Kirk Mayor, City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL, 34972 Dear Mayor Kirk: Tbis -tribtrtect Judy J5,CiLl eC Mfg U.S. Department of Homeland Security Region IV 3003 Chamblee Tucker Road Atlanta, GA 30341 FEMA As you are aware, Okeechobee County, Florida and Incorporated Areas, in partnership with the Federal Emergency Management Agency (FEMA), is updating Flood Insurance Rate Maps (FIRMs) and the Flood Insurance Study (FIS) report in your county. The study, which was originally established under FEMA's Map Modernization program, is undergoing a conversion to FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program. Risk MAP is a FEMA program that helps communities identify, assess, and reduce their flood risk. We would like to invite you to attend the Resilience Meeting for Okeechobee County, Florida and Incorporated Areas. The meeting will be conducted by FEMA, and it's mapping partners. Our goal for this meeting is to discuss your community's flood risk and identify potential strategies and resources for reducing that risk, as well as hold detailed discussions about local communication strategies. Communicating flood risk to those who live and work in your community will help them make informed decisions to reduce their risks and support local efforts in mitigation. The meeting details are listed below. O keechob ee_ County- Resilience_Meeting Date: Wednesday, July 16, 2014 Time: 10AM -12PM EDT Place• Okeechobee County Health Department Auditorium 1728 NW 9th Avenue Okeechobee, FL 34972 Although Risk MAP focuses primarily on floods, the tools and information we share can provide a framework for planning for, and addressing, other natural hazards that your community may face. As you know, it is more expensive to react and respond to a hazard after it occurs than it is to take action to reduce the effects of hazards before they occur. We encourage all communities to participate during the meeting and would like to invite you to share your community's own best practices that demonstrate successful flood hazard mitigation. Please feel free to pass this invitation along to other community officials who would benefit from this meeting. A draft agenda has been enclosed for your information. Please RSVP and send any questions or requests for additional information to: Ms. Katrina Myers, P.E., CFM Taylor Engineering, Inc. Address: 1675 Palm Beach Lakes Blvd., Suite 210 West Palm Beach, FL 33401 Phone: 561- 445 -9254 Email: KMyers(a taylorengineering.com In addition, contact us if you are interested in presenting your community's best practices as it relates to flood hazard mitigation. We look forward to meeting with you at the upcoming Resilience Meeting. Sincerel obert E. Lowe, Chief Risk Analysis Branch FEMA Region IV Enclosure: Resilience Meeting Agenda cc: Brian Whitehall, City Manager, Floodplain Administrator City of Okeechobee Joy Duperault, State NFIP Coordinator 7/ Lam . 901- z,„5-c _ / C- 2 Resilience Meeting Okeechobee County, Florida and Incorporated Areas Wednesday, July 16, 2014, 10:OOam — 12:OOpm EDT Okeechobee County Health Department Auditorium 1728 N.W. 9`h Avenue, Okeechobee, FL 34972 AGENDA Meeting Goal: To build local capacity for implementing priority mitigation activities. Introductions Meeting Objectives — To help communities better understand: — Flood risk — Strategies to reduce that risk and improve resilience to floods — Resources available to help implement those strategies — The importance of and opportunities for communicating flood risk to constituents Understanding Flood Risk Strategies to Reduce Flood Risk Mitigation Activities — Best Practices — Support and Resources Communication Roles and Responsibilities Breakout Groups — Technical Group — Mitigation and Planning Group — Community Officials group Action Item List RiskMAP Increasing Resilience Together Brian Whitehall From: Katrina Myers [KMyers @Taylorengineering.com] Sent: Friday, June 13, 2014 3:24 PM To: bwhitehall @cityofokeechobee.com Cc: Jamesekirk @comcast.net Subject: FEMA Resilience Meeting (Okeechobee County, City of Okeechobee) Attachments: Resilience Meeting Invite_OkeechobeeCo - City of Okeechobee.pdf; Okeechobee _Resilience_Mtg_Agenda. pdf Dear Mr. Whitehall, We would like to invite you to attend the Resilience Meeting for Okeechobee County, Florida and Incorporated Areas. The meeting will be conducted by FEMA, and it's mapping partners. Our goal for this meeting is to discuss your community's flood risk and identify potential strategies and resources for reducing that risk, as well as hold detailed discussions about local communication strategies. Communicating flood risk to those who live and work in your community will help them make informed decisions to reduce their risks and support local efforts in mitigation. The meeting details are listed below. Okeechobee County Resilience Meeting Date: Wednesday, July 16, 2014 Time: 10AM -12PM EDT Place: Okeechobee County Health Department Auditorium 1728 NW 9th Avenue Okeechobee, FL 34972 The Resilience meeting objectives are for your community officials at the end of the meeting to be able to: - Understand and explain your community flood risk - Describe strategies to reduce flood risk and improve resilience to floods - Identify resources available to implement those strategies - Communicate the flood risks to your constituents - Identify actions to be taken to mitigate risks Although Risk MAP focuses primarily on floods, the tools and information we share can provide a framework for planning for, and addressing, other natural hazards that your community may face. As you know, it is more expensive to react and respond to a hazard after it occurs than it is to take action to reduce the effects of hazards before they occur. We encourage all communities to participate during the meeting and would like to invite you to share your community's own best practices that demonstrate successful flood hazard mitigation during the meeting. If you have any questions or need additional information, please give me a call at the number below or email. Sincerely, Katrina Myers, P.E., CFM Project Engineer — TAYLOR ENGINEERING, I N C . 1675 Palm Beach Lakes Blvd., Suite 210 1 STAFF ACTIVITY /STATUS REPORT T i 1ri Luried o * Sul 16, lot' oc t4#1 TO: Mayor Kirk, Council Members and Administrator Whitehall FROM: Lane Gamiotea, City Clerk /Personnel Administrator X,% DATE: July 9, 2014 My apologies for not submitting an activity report in the last few months, things have been a little hectic. I appreciate Mr. Whitehall's patient with this, and giving you updates on his report. In addition to our daily routine work, here are items of notable interest: Population Update - .1n January 2014 we received the official population # as of April, 2013, and mailed required letter to Tax Collector with this information for Revenue Sharing FY 2014/15: 5,550 (2012: 5578) Citizen Board Vacanies - •There are vacancies on the Code Enforcement Board, Planning Board, and General Pension Trustees. (City residents only may apply for Code & Pension. I have spent about $250.00 in advertising in an attempt to spur interest, but my efforts have been unproductive to date). Applications may be printed from the City Clerks page on the cityofokeechobee.com website, we can mail it, or they can stop by the office. Please mention this to anyone and everyone! Personnel - • Month-End Accrued Annual, Sick and Other Leave Reports completed and distributed each month and notifications distributed to employees with over maximum accruals. • Processed advertisements and applications for a Temporary Part Time Maintenance Operator. • Continue processing the requests for employees who qualify for FMLA leave. We currently have two employees on FMLA, both are within the Police Department. •Marty and myself, will be out of the office on vacation from July 28 thru August 8. Advertisements - •Legal Notices for July will be /were published in the Okeechobee News for: '7/1 CC Mtg Cancelled 07/1 CCAHC Mtg '7/8 CEB Mtg '7/14 CCAHC Mtg '7/15 CC Mtg 07/17 TRC Mtg 07/28 CCAHC Mtg 'Res #2014 -03 & #2014 -04 Solid Waste Collection Public Hearing on 7/15 Page 1 of 6 •Bulletin Board Notices for July will be /were posted at City Hall: 07/1 CC Mtg Cancelled 07/1 CCAHC Mtg '7/8 CEB Mtg '7/9 CFRPC Mtg Cancelled '7/14 CCAHC Mtg 07/15 CC Mtg & Public Hearing for Solid Waste Collection Rates 07/16 TCCLG & TCRLC Mtg & BBQ 07/17 TRC Mtg 07/17 PB /BOA/DRB Mtg Cancelled '7/28 CCAHC Mtg Education & Training - • Melisa and I attended the FACC Summer Academy in St. August from June 7 thru 11. Would also like to give a shout out to Melisa, she earned a scholarship to attend this conference, saving the City $425.00. Please read through the last pages of this memo on the materials and information covered in our classes. Just as a reminder, when we attend these academies, in order for us to earn educational points we must attend the entire class time, and are scanned to prove the attendance hours. Additionally we are required to respond in written essay form to specific questions geared to each presenter's topic, the packets are entitled "Idea's to Action." Each and every Idea's to Action packet is reviewed by a Professional Education Committee, who also matches the scanned attendance hours. We receive our Idea's to Action packets with handwritten comments or notes (equivalent to what a teacher would do). •Melisa and I will be attending Workers Comp Do's & Don'ts on 7/17 conducted by our PRM insurance company. Planning & Zoning Items - •With the final adoption of Ord's #1107, #1103, and #1099, revised copies of the Comp Plan will be forthcoming as soon as Melisa can get those finalized and distributed for staff as well as the copy on the City web site. Code Book Updates - - All Code Books should be updated through Supplement 11. As ordinances have been adopted, they have been emailed to everyone to note within their Cook Books, until Supplement 12 is received and codified. • I would suggest that if you want to ensure you are using the most current language within the Code that you refer to the online version from the website. Any adopted amendments are sent to a program called "Ord Bank." Any sections with amendments, are highlighted with a link to the document. Records Management - •We are behind in keeping up with the Records Management Program. There are many records that have met their retention dates. However, time has not been available to prepare the necessary forms to finalized and schedule their appropriate destruction. • Processed 14 public records request since July 1 to date. Pension Board Meetings - •Forwarding the agendas and minutes as I receive them to Administrator Whitehall to supply to the Council as requested. The regular meetings are held the first Monday in Feb, May, Aug & Nov. Page 2 of 6 Centennial Celebration Committee Meetings - •The CCAHC has hit the ground running. They held their first meeting on July 1, and have scheduled two more meetings this month. Their regular scheduled meetings will be the 2' and 4`h Monday of each Month at 5:30 p.m. at City Hall. I am serving as the secretary to this committee, and Melisa in my absence. We are tasked with advertising the meetings; preparing, posting and distributing the agenda packets; preparing and maintaining the official minutes and minute packets; submitting items for the website; coordinating public records and retention; maintaining membership; and providing research as requested /required. They will be making monthly presentations to the Council as required. •Please remember that this is a Sunshine committee, including advisory members. Mayor and Council cannot discuss subjects with any members that could come before either board for consideration regarding the centennial. This has caused a lot of questions as some of the Council also work with committee members on non -city centennial projects, but there a potential events that could come before the two boards. Attorney Cook clarified that if a council member and committee member find themselves in this situation, they should not discuss the issue outside of an advertised public meeting until after the committee and Council has taken action on the issue, and can be foreseen as not coming back for further action /discussion. 2014 General City Election - •The official proclamation calling the November 4, 2014 General City Election is completed and will need to be read into the offiical record at the July 15 meeting. •Should a candidate wish to qualify by petition method, all petitions are due to the Supervisor of Elections by Noon on July 21 (this is in lieu of paying the $50.00 City Election Assessment). However, you must first pre -file to run for office with me to do this. •Qualifying Week opens on Noon August 18 and closes at Noon August 22. Offices up for election are currently held by Council Members Maxwell, Watford, and Williams, and myself. •One citizen has pre -filed to date, Mr. Noel Chandler. We have received several calls from another individual who conveyed their interest in running. However, they have not officially obtained a candidate packet nor pre -filed as of today. Florida Association of City Clerks (FACC) - -I have been asked by the newly elected FACC President, Audrey Sikes, City Clerk for the City of Lake City, to Chair the 2015 Summary Academy to be held in Orlando, June 20 thru 24. This is quite an honor, and I hope I have not over extended myself with the addition of the CCAHC. The position has a committee to assist them as they are tasked with creating the conference theme and logo; communicate all information about the conference to the FACC membership; write and submit articles to the quarterly 'City Desk' magazine to build enthusiasm for attending; plan & organize the Presidents Reception, including entertainment; schedule individuals to conduct the opening ceremonies, honor /colorguard and keynote speaker; organize and oversee the Tuesday Business Luncheon which includes presentations of scholarships, annual awards, investiture ceremony of newly elected officers and directors; coordinate sponsorship for welcome bags, obtain items to include in them from other cities /organizations; organize and work the hospitality suite; work and maintain the registration desk before and during the conference. Page 3 of 6 Pending/Work In Progress Items & Projects on the Horizon - car Creating a Committee to review the applications for the recipient of the Paragon Award. ow Revising /Updating the Citizen Board Handbook. The handbook provided to the CCAHC was updated from the current version. Depending how well this is helpful will determine whether further revisions are necessary before distributing to all current members. ow Upgrading the City's web site provider to be able to utilize the Laser Fiche web portal for records management, allowing citizens to view public records from their computers. ow Comparing current records management policy with the City of Clermont and Orlando, draft a new policy for the Attorney Cook to review, forward to Council for consideration to adopt and implement. Host Public Records Education 101 for all City employees on what to do and how to handle records requests. ow Submit Updates /Revisions to the Personnel Policies & Procedures Handbook to the Council. There are several amendments to policies that I have in been working on to present for Council consideration. Sufficient time has not been available to fully review and compare our needs to current laws, etc. This is a project at the top of my list. ow Implement an annual policy for the City Clerk, Department Heads and City Attorney to review F.S. Chapter 166, after each legislative session (this is the chapter where the legislature puts things that they have no idea where else to put it). ow Coordinate Attorney Cook's review of the Code Book, municipal purchasing chapter, comparison to the latest F.S. revisions, an ordinance amending should be forth coming. 2014 FACC Summer Academy, classes content & information: O Show Them What You Got! was a two hour class presented by Sarah Sparks, Motivational Speaker and Success Coach, as an interactive content packed program that showed us how to build people skills; build confidence to be seen as an intelligent, powerful professional; learn how to ask for what you want, say what you need to say, and stop second guessing your decisions; and how to be in the power seat of your own life. O Leading in a World of Chaos was a three -hour class presented by Mike Abels, professor at UCF, on the city's rapid change and unpredictability in the new normal. The workshop explored the current trends and problems being faced by city clerks in the area of management chaos, and what new leadership skills are being utilized to effectively adapt to the new world that confronts city clerks and city governments. Covering issues of technology, which has made existing laws for public records and open meeting increasingly complex and hard for city clerks to manage; how political polarization is increasingly pulling city clerks into the political arena; demands from the public and the complex problems being encountered by city clerks cannot be solved by their offices alone any longer; and how city governments have got to change from vertical communication to horizontal communication to get control of the chaos. O Crucial Conversation was a four -hour class with four topics and four presenters that was a fun, fast moving interactive learning experience. Rather than the tradition setting of all attendees in one large room, there were four smaller rooms, each with round tables and chairs. Once you picked your room, Page 4 of 6 the attendees remained, the presenter's moved from room to room. Being in a smaller setting, we were able to ask more questions, and the speaker was more approachable to the group. We covered: 1. Civility with Lynn Tipton of the FLC, who covered the roles of the city clerk within public meetings, how to ensure order is maintained and how to educate the public and officials on civility. 2. Leadership and Ethics with Jeff Endry of the FL Institute of Government covered a series of though - provoking questions that challenged our perceptions of a leader, handling ethical situations as a leader, how to identify leadership talents within our department employees, and how to utilize those talents to improve the department moral and efficiency. 3. Marketing and Branding with Dr. Barbara Quaintance, UCF Marketing Instructor, covered ways to better market our city's and how to use it to change peoples perceptions of our community, encourage tourism and businesses to relocate there, and attract new residents; and how to develop a strong brand image. Seattle was the first city to market themselves. 4. Public Records with Barbara Petersen, President of the First Amendment Foundation (FAF) enlightened us on the recently released mobile app for public records by the FAF. I've downloaded it and encourage all city officials and department heads to do the same. Additionally she covered recent changes to the statutes and gave us certified /approved video resources to use to train city employees on public records. Keep watch on the out come of the land case with Gov. Scott and an Attorney regarding a motion filed dealing with a public records argument, the ruling could set precedence. ® How to Avoid Social Media Liability 2014 was a four -hour class by Media Attorney Mark Feidelholtz, who covered an amazing amount of information and case law that then gave us strategies on resolving social media liability issues, which employees and the city are exposed to. When reading thru these, keep in mind that Media Law is a completely different creature than Labor Law. Highlights discussed were: - How the courts view work product on personal social media sites {basically they don't care, its all about the content posted that gets one in trouble, additionally employers are legally liable if they do not correctly train employees on social media do's and dont's, even if they didn't give permission for the employee to post the content/comment, and given that 90% of the content posted by employees has been found liable, its only a matter of time before our city could be dealing with this issue }; - How to handle public records request for work communication on work and personal social media sites {basically there is no right to privacy on social media, the courts don't understand the relationship & its all public record }; -How to handle public records request for work communication on personal smartphones and other mobile devices {same above applies, basically it must be kept or emailed for keeping, be cautious when having devices repaired, public records can be deleted, don't surrender personal devices unless there's a subpoena, home computers have no privacy because employer nor employee owns the lines used to communicate the content of the post/comment }; -Does an employer stipend (reimbursement) impact a public record request on a personal phone? {a stipend doesn't mean representation, if it's a work communication, its public record, and the individual is accepting being the record custodian unless its sent to the City Clerk for retention }; - What is the liability of employee's work related text messages, pictures, and /or video on personal phones? - Clarification of the difference between unprotected and protected workplace speech on social Page 5 of 6 media & -How to differentiate between unprotected and protected opinions on social media {courts do not take into account that if the small city doesn't have social media accounts, then there was not reason to have a policy and train employee's. If the employees are on it (and they are), they need to be trained they have no right to privacy or free speech when it comes to making statements /comments about or related to their jobs or employer as its considered 'work speech, and posting disclaimers "in my opinion" mean nothing to the courts, ref to A.G.O. with City of Coral Gables }; - Understand social media libel {libel is written, slander is oral, libel is applicable to social media. Both city's and employees can be sued for an employees content, regardless of what site its posted on; the courts have concluded individuals are assuming the risk when they put themselves on social media as the internet is an unsecure media, but the #1 means of communication. Schools and parents are being sued for minors content posted during school hours }; - Each city, for their own sake should adopt a written social media policy, with documented training of each employee and elected official, with the policy written as a 'risk document' not a labor law document, suggested that its not taken from another city with just a name change, but created by assessing our city's operations realities. Don't give false sense of protection in the policy, there is no such thing as privacy in the legal realm, quoted Facebook and the Zimmerman case: employee volunteers the content when posting /commenting & privacy on social media isn't a constitutional right. Explain how to correctly post content (or comment) on city social media accounts, do not show or express emotion, do not vent or be vituperious, state facts that can be proven, never state opinions, stay consistent with all posts /comments, keep everything for public records retention. - I made Attorney Cook a copy of the 57 page handout we received, which included case law to substantiate the content in "{ } ". The City of Lake City, and many others, have gone through the process of hiring a Media Attorney to draft a policy and train all employees, elected officials, and citizen boards. 50 The last class was entitled, "Personal Defense and Workplace Safety" taught by Paul Pawela and Linda Keeslings of Assault CounterTractics, Inc. They covered safety from leaving the home to arriving at the work place. Fortifying personal workplace, having a prepared plan of knowing what common office items can be used in self preservation mode and what to look or in the body language of a potential situation. The instructors also covered the importance of creating a written policy of best practice reactions by employee's in response to a dangerous /threatening situation with citizens /disgruntled employees /spouses. The policy should address secondary exits, who notifies the police department, safety practices for employees working after hours, and /or attending meetings, including securing the building after evenings meetings (should not be left to one female to handle), walking to vehicles in the parking lot after hours - always use the buddy system. Make sure policy is reviewed or updated when new employees are hired and /or remodeling is done within the building. I was surprised to discover many city's have fire drills and defense safety drills throughout the year to keep the employees mindful of how to handle these types of situations. Page 6 of 6 The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of July 15, 2014 • Waste Management rates f/y 14 -15 on Agenda — Resolutions 2014 -03 & 04, calls for a 1.6% residential rate increase to $19.21/mo (assessed by non -ad valorem tax) and approx a 1% commercial rate increase (Res- olution 2014 -05 incl a 10% franchise fee collected by Waste Mangmnt and paid to the City directly). Attached is a chart reflecting historical info. • 441 median landscaping (Grant funded -Main St) — City did walk through on 6/19/14 and issued substantial compliance. Contractor Tree Locators has a 90 -day warranty compliance after that date. Due to favorable bidding, the City was left with $27,000 +/- in potential unspent grant monies. We did some investigation on extending the project and added some additional landscaping that was originally removed during our pre -bid process to assure we would meet the budget. That additional landscaping resulted in a Change Order that has been added to the Agenda. I originally was attempting to resurrect the County medians but followed up w/ this 7/2/14 email to Commissioner Irby /copied to Adm Chartier: When I spoke to you the other day about the possibility of extending the 441 landscaping project to incl the two medians immediately south of the City limits due to the fact that the City had about $13000 +/- in unused grant monies, it was the first step in the feasibility process... seeing if the County would even be interested in rethinking the matter. Since that time, we 've run into a few roadblocks. FDOT was less than enthusiastic in increasing the geographic scope of the project. Prior to speaking w/ you and Adm Chartier we approached FDOT about landscaping north 441 or SR 70 and that was rejected. We thought perhaps they would be more receptive if the expansion was contiguous to the existing approved area. Besides, originally we had the two medians included but modified the project after the County action. On top of that, we've now calculated the monies necessary to do an adequate job of landscaping the two medians and found that the cost well exceeds our left over' monies. I don't believe any of us want a job half done. We are running into some major time constraints trying to meet a July 31 deadline and waiting until after the July 10`h Commissioner's meeting (I tho't it was July 3 originally) along w/ the contractor being able to complete the project, not to mention me proceeding with a change order that hasn't been vetted be the City Council. After discovering that FDOT would reject the two medians, our landscape architect broached the idea of using the monies toward some irrigation needs in the existing project area and while we don't have a definitive, they seemed receptive. Having explained all that, I would respectfully ask that the matter be removed from your next Commission meeting agenda. End... Page 1 7/15/14 Activity Rpt Cont'd re -441 Landscape medians Mike Houston, the landscape architect on the project is perfecting the use of grant monies for the irrigation concept. • Grounds maintenance contract — Now that the 441 landscape project is substantially complete, I've spoken to the City's maintenance contractor, Quality Lawn Care, about taking on the extra work within the scope of the existing contract (bid Mar 2009 — currently $18420). He gave me a quote of $1200 /mo ($14400) for just the 441 medians. I asked him to give me a quote for everything, but at the same time realize that the City is going to have to rebid. We are preparing the rebid documents. • Group Health Insurance renewal — The agenda exhibit (2 pgs) report reflects the PRM rate increase of 4% for the pool plan and the maximum 6% for participants with extraordinary claims to premium ratios...10% overall. As mentioned in the report, the City claims were 156% over premiums. India and I reviewed the PRM alternative plans and they're described on page 2 of the exhibit. While PRM offers several plans, they unfortunately do not give the City an option to simply "cherry pick" benefits that might be the most cost effective. • Canals demucking grant funded ($250k) project — The project is complete and the city has paid for the first leg (SW 7th St) but has yet to process the remainder of the project, pending receiving an invoice from the contractor, TSI Disaster Services. We've had a few hiccups with the DEP reimbursement process that included reconciling the original estimates provided by TSI w/ completed work. Note: Notice to proceed was on December 16 and they executed it on Dec 18. TSI has until Sep 16, 2014 to complete the project. • Canals demucking 2014 grant ($100k Leg appropriation grant) — On July 3rd DEP notified the City with a few forms to complete identifying the scope of the project, so that it can be incorporated into a new grant agreement for this year. • Bomb scare at Police Dept 2014 06 11 — On June 18, staff met at the PD to evaluate our responsiveness to the event. While I think the departments acted admirably, a cpl of noteworthy issues included immediate establishment of a command center where info gathering /dispersing and structured decision making would be improved. Further, we perfected the radio communication process a bit and internal security was reviewed. • FPL Okeechobee preferred site selection — On the Agenda is a Resolution ( #2014 -06) of support which has been scrutinized by FPL's Nick Blount. As you may know, the County devoted $8500 for a consultant/lobbyist to assist in helping FPL choose the Okeechobee site. Again you can view FPL's report online at: http: / /www.fpl.com /about/ten year /ten year site plan.shtml (reflects the option to look at geographic site selection alternates, by selecting `maps' or by selecting the link `plans, which is also here: http: / /www.fpl.com /about/ten year /pdf /2014TYP text.pdf Page 2 7/15/14 Activity Rpt Cont'd • FDOT Maintenance Reimbursement methodology Agreement - Resolution is on the Agenda. Attached hereto is Attachment A to the Agreement which identifies the sweeping /mowing activity and the annual reimbursement of $8,632.59. (not to be confused with the Signal Maintenance Agreement passed in May). • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. • Former CSX Depot (demolition) discussion added - Councilman Watford suggested the matter be placed on the Agenda. I distributed a summary for the last meeting and if you have any comments you would like to discuss, please let me know. • OUA June 3 meeting minutes are enclosed in the packet. • Economic council Thank you for FDOT 441 Beautification grant is attached City Atty: • FDOT / Hamrick litigation — The Mar 27 meeting wherein, Atty Cook and I were to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation was cancelled and was never rescheduled. • Barbara Mills, 406 NW 5th St, nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines. According to Atty Cook, the foreclosure has been filed. City Clerk: • Activity report (6 pgs) from City Clerk is enclosed in packet. • Centennial Celebration - The Committee met on July 1 and most of the meeting was spent on organizational formalities. Voting Members: Advisory Members: Magi Cable Justin Domer Jeanne Enfinger Katrina Elsken Dawn Hoover Donna Gaiser J.D. Mixon Susan Giddings Antoinette Rodriguez Staff: Sharie Turgeon Brian Whitehall, City Administrator John Williams David Allen, Public Works Director Lane Gamiotea, City Clerk Below is an excerpt for the July 14, 5:30pm Agenda. The Committee expressed interest in meeting bi- weekly, on the 1st and 3rd Monday. V. REPORTS FROM LIAISONS /COORDINATORS A. Budget Liaison - Member Williams B. Social Media Liaison - Member Domer C. Media Liaison - Member Turgeon D. School Liaison - Member Enfinger E. Historic TimeLine Liaison - Member Cable Page 3 7/15/14 Activity Rpt Cont'd — Centennial Celebration Committee 7/14/14 agenda VI. UNFINISHED BUSINESS A. Adopt Mission Statement — Administrator Whitehall B. Sponsorship Packets — Chair Mixon C. Centennial Logo — Chair Mixon 1. Receive ideas and input for the logo content from each member 2. Consider and approve the logo content and slogan 3. Motion to recommend the City advertise a Request for Proposals (RFP) for professionals make a presentation, and offer a quote to create the logo D. Review the current Events Calendar— Member Rodriguez 1. Receive input from members to add dates of any community events, festivals, or contests not included, or amend incorrect dates E. Cultural Liaison — Clerk Gamiotea /Member Enfinger VII. NEW BUSINESS A. Discuss what events the CCAHC should host — Chair Mixon, Tab G B. Consider Centennial Sponsorship Requests C. Hear from other groups /organizations • City General Election Nov 4th — See Agenda item. Fire. • Code Enf recommendation — foreclose on property at 919 NW 10th St., owner Janet Estrella, for an abandon /nuisance building of which fines have accrued to $7,000. 07/31/2013 — 09/06/2013 — 09/07/2013 — 12/18/2013 — 12/27/2013 — 01/08/2014 — Case # 13 -098 Janet Estrella 919 NW 10th Street 30 -43 Public Nuisance 30 -44 General Cleaning & Beautification Sent Courtesy Letter to Ms. Terri Coule, Holder of the mortgage. Mailed Notice of Violation. Notice of Violation received, signed by Janet Estrella. Mailed Notice of Hearing. Notice of Hearing returned, not deliverable as addressed. Posted property. Page 4 7/15/14 Activity Rpt Cont'd Finance: • Activity report (2 pgs) from Finance Director is attached. • Millage and Budget /milleage calendar motions — are on the Agenda and explained in the agenda exhibits. The City's prior practice is to levy for a maximum milleage, at this juncture, that exceeds last year's rollback / roll forward milleage along with one mill. Currently - 7.7432; Rolled -back — 7.7997; Rolled -back + 1 mill = 8.7997. Remember the rollback rate was established a few years ago by the State to limit local jurisdictions tax increases resulting from extreme escalating assessed values. Essentially, it allows the City to establish a tax rate, based on the current year's taxable value, that would generate the same ad valorem tax as the prior year. If the rate is less, as the State had anticipated (in error) it's called a rolled back rate. If the rate is more, it's been referred to as a rolled forward rate, meaning that the taxable value for the City had actually decreased. In our situation you'll notice that the rate is rolled forward only slightly due to an underlying decline in our taxable value of less than 1 %. General Services / Planning Board: • From June 19 TRC meeting - Re: 14- 002 -TRC Okeechobee Asphalt and Ready Mix Concrete, Inc. Motion: Police Chief Davis moved to approve site plan review submitted by Stephen Cooper, Project Engineer, on behalf of the property owner, Okeechobee Asphalt and Ready Mix Concrete, Inc., in regards to the construction of a new two story, 3,840 square foot office building located at 806 NW 9th Street, Okeechobee, FL.; seconded by Fire Chief Smith with the following contingencies: 1. A maneuvering area is provided to allow back -out room from the two westernmost parking spaces, as shown on the revised site plan dated, June 17, 2014. 2. A tree is added to the 5' x 15' island in the parking lot. 3. Trees are placed, not more than 50 foot on centers, in the required landscaped buffer area along the northern property line. 4. A five-foot wide, 6" thick sidewalk is added along the property's frontage on Northwest 8th Avenue, as shown on the revised site plan dated June 17, 2014. 5. The applicant submits a photometric lighting plan for the parking area, meeting the requirements of Sec. 78 -71 (A)(5). 6. Dumpster pad should be enclosed by an opaque fence, as shown on the revised site plan dated June 17, 2014. 7. Extend 2" water main to loop it with the water main on the South side of Northwest 9th Street and connect the subject property service line to that line. 8. Determine the functionally of the culvert pipe along the West side of Northwest 8th Avenue, and whether it needs to be repaired or removed when construction starts, as well as replacing the culvert pipe underneath the driveway. Page 5 7/15/14 Activity Rpt Cont'd Public Works: • 2014 Asphalt program — At the Council meeting before last the City approved an Agreement with Lynch Paving 'piggybacking' with an Okeechobee County's 2/24/14 accepted bid. We've been in the process of setting up a meeting w/ Bob Gent. • Proposed Taylor Creek Park — On June 27th Culpepper & Terpening sent an application to DEP for a second grant, TMDL Water Quality Grant App for $367,260 of which requires a 50% match ($183,630). As you know, we applied for a Section 319 in May. That grant calls for a $367k grant and a $147,052 (40 %) match. • FEMA flood resilience meeting Wed., July 16th at Health Dept. — See FEMA notice enclosed in the packets. • Downtown medians landscaping — The Public Wks has installed new plants on SW Park St to about 2nd Av... hope to complete in the next week or so. • City median landscaping — I spoke to Brad Goodbread a few weeks ago and he said they had some 180 +/- trees dedicated to our medians that "have been setting on the rack" ready for installation and will try to schedule in the next few weeks. I have nothing new to report on this. End.... Page 6 City of Okeechobee 2014 Waste Collection calculation table 2014 Single unit schedule: 2014 $ 2015 $ 2016 $ 2017 $ 2018 $ 2019 $ 230.52 242.05 254.15 266.86 280.20 294.21 ($19.21 X 12)* plus 5% plus 5% plus 5% plus 5% plus 5% 06/18/14 TO: Mayor & City Council FR: City Administrator RE: Garbage rates 2014 -2015 and assessments The statistics herein reflect what is requested from Waste Management for the upcoming f/y and the resulting assessment. Please see the attached tables for commercial rates 2014 Total Assessment schedule 2014 $ 404,793.12 Calculated using 1756 residential units 2015 $ 425,032.78 2016 $ 446,284.41 2017 $ 468,598.64 2018 $ 492,028.57 2016 $ 516,630.00 Historical data - single unit assessment: 2003 $ 2004 $ 2005 $ 2006 $ 2007 $ 2008 $ 2009 $ 2010 $ 2011 $ 2012 $ 2013 $ 2014 $ 137.16 137.16 137.16 208.56 213.96 246.39 216.48 221.52 221.52 224.64 226.92 230.52 * 2014 -2015 residential rate reflects a 1.6% net rate increase fee /month: Collection Disposal subtot Franchise total $ 13.05 $ 4.41 $ 17.46 $ 1.75 times 1756 customers= $3,073 $ 19.21 2014 -2015 COMMERCIAL RATES REFLECT APPROX A 1% INCREASE according to accompanying charts (Note: in 2011 Council voted to approve a 3 yr extension to the contract (to Sep 30, 2017) and freeze the rates for 2011 -2012 A cap CPI cap of 4.0 % was included as a contingency. $300.00 $250.00 $200.00 $150.00 $100.00 $50.00 $- $246.39 $216.48 $221.52 $221.52 224.64 $72- 679$230 :52- 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 adm /garbage /2014 Rate tables... MAINTENANCE AGREEMENT NO.: BDX99 FM NO.: 432726- 1 -78 -03 Page 1 of 1 ATTACHMENT "A" LOCATIONS AND PRICES FOR CITY OF OKEECHOBEE LOCATION: 1 Section: State Road: 91070000 Mile Post: SR70, within corporate limits of the City 8.585 - 10.349 LOCATION: 2 Section: 91020000 Mile Post: 1.626 - 4.131 State Road: Quantity Units Cycles Unit Cost Location Cost Activity Intermediate Machine Mowing 0.15 Acres 12 $41.64 $74.95 Litter Removal 0.15 Acres 12 $9.78 $17.60 Mechanical Sweeping 3.97 Edge Mi 12 $39.61 $1,887.02 Edging and Sweeping 1.33 Curb Mi 6 $59.80 $477.20 LOCATION: 2 Section: 91020000 Mile Post: 1.626 - 4.131 State Road: u5 441/5K 15, within corporate limits of the City Quantity Units Cycles Unit Cost Location Cost Activity Intermediate Machine Mowing 1.54 Acres 12 $41.64 $769.51 Litter Removal 1.54 Acres 12 $9.78 $180.73 Mechanical Sweeping 10.02 Edge Mi 12 $39.61 $4,762.71 Edging and Sweeping 1.29 Curb Mi 6 $59.80 $462.85 SUMMARY Quantity Units Cost Cycles Activity Intermediate Machine Mowing 1.69 $41.64 12 Litter Removal 1.69 $9.78 12 Mechanical Sweeping 13.99 $39.61 12 Edging and Sweeping 2.62 $59.80 6 Total Annual Cost Three Quarterly Payments One Quarterly Payment $8,632.59 $2,158.15 $2,158.14 ECO Economic Council of Okeechobee July 7, 2014 Mr. James E. Kirk, Mayor City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 RE: FDOT Highway Beautification Grant Dear Mr. Kirk and Mrs. Burroughs: Economic Council of Okeechobee Post Office Box 718 Okeechobee, Florida 34973 (863) 467-0200 www.ecok.org Mrs. Maureen Burroughs, President Okeechobee Main Street 55 South Parrott Avenue Okeechobee, FL 34974 The members of the Economic Council of Okeechobee wish to express our sincere thanks and appreciation for the efforts of Okeechobee Main Street and the City of Okeechobee to secure funding through FDOT's Highway Beautification Grant Program for median landscaping along U.S. Highway 441 South in the City. The final outcome of this project is a fantastic beautification effort for the Okeechobee community and does much to improve its appearance and welcoming sense of place benefitting our residents, visitors and potential investors. The perseverance and diligence of both of your organizations and their numerous staff members and volunteers to see this project through to completion is a testament to the good - hearted people that make Okeechobee so great. We congratulate both organizations on this tremendous effort! Furthermore, we applaud the City's commitment to continue this beautification effort by pressure- washing sidewalks and landscaping planters along Park Street in Okeechobee's downtown business areas. We hope that these showings of pride will inspire other local businesses, residents, and governmental entities to continue these efforts on their own properties further beautifying and improving our community. Thank -you, again, for your continued efforts to improve the quality of life in Okeechobee! Sincerely, 6tei Tara Minton Rowley Executive Director cc: City Council, City of Okeechobee Brian Whitehall, City Administrator, City of Okeechobee Sharie Turgeon, Executive Director, Okeechobee Main Street Katrina Elsken, Editor, Okeechobee News June 30th, 2014 To: Brian Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, June, 2014 Business Tax Receipts Based on Council action, the BTR fees were updated by 5% in the IMS program. Renewal notices should go out to existing BTR businesses the week of July 14th at the latest. As you know, I attended the 1st open workshop for those who want to open a business with the City limits sponsored by Okeechobee Chamber of Commerce. Provided applications to all who attended, as well as zoning maps. Expounded on we are here to assist, reviewed the application and document requirements, if wanting to purchase or lease property verify appropriateness of type of business, parking, etc. prior to large dollar investment. They seemed very receptive. Budget & Finances All departments have been provided their respective budget worksheets for the 2015 year. Fuel data usage charts also provided to PD <, FD & PW for their review. Audit All notifications (copies of audits and reports) were sent to the State and our Grant agencies within the required timeframes, as well as the Annual Finance Report submitted online. Grants and projects from a Financial perspective: CDBG E08 (Applebee's Turn Lane)- The majority of this project has been completed we anticipated the remaining request for payments to be submitted for approval soon. FDLE - The annual JAG2014 grant , we have expended most funds and have received reimbursement for same. Remainder will be requested after the 6/30 date. Appropriations Grant (Storm -water Retrofit Grant) — The first draw was submitted, approved and paid to TSI the vendor for this project. CAS has completed the initial request for reimbursement for those funds. FDOT (Landscape Grant) — First payment to Tree Locators, vendor for the landscape was submitted, approved and paid less retention and warranty. C:\ Users\ Brian \Desktop\ADMINISTRATOR \Staff Activity Reports \Finance\Jun 2014 Report.Docx Page 1 6/30/2014 Payroll The new Uniform Timesheets throughout departments are working better for our department. The initial implementation has been time intensive (as reported by one of the departments), however, repetitive input and use should produce a more efficient and timely product. Insurance Council Williams and myself attended the Board of Directors meeting for both the Group Health Trust (GHT) and the Property and Casualty Trust (P &C) on June 20th. The GHT as a whole fared well, the budgeted use of reserves of $500,000 were not used. The board did decide to budget for the same $500,000 to offset premiums again this year for the pool. • As indicated in our prior data form PRM our losses exceeded our premium per covered individual, (140% of premium). Collectively the premium for the group is a 4% increase, with the maximum assessment for our group of 6 % so that our resulting premium will increase by 10 %. There are other plans available for a possible reduction in premium and as we do every year we will have to make a decision at the July meeting if changes are to be made to the plan. The P &C broker provided information that the property market looks, good, however Work Comp and Liability are on the rise. Liability premiums are increasing somewhat from the from the Legislature change last year from $100,000 to $200,000 for law suits. • Our broker indicated that premiums would be available in August, pressing on an amount for the City, generated a 9% estimated increase. FEMA Closeouts We are waiting to hear from FEMA if any additional information is needed, we are hoping closeouts are forthcoming SBA & Banking As SBA continues to release monies from freeze, those monies are transferred to the respective fund local bank accounts. Email Researching for the most efficient, secure email system is leading me to the Microsoft Exchange in the Government Community Cloud. I received references who have implemented same and will advise after contacting them my findings. Substantial deployment cost are higher than expected, however, may still be warranted for the added `business', secure, email software and programming needed for our City. C:\ Users\ Brian \Desktop\ADMINISTRATOR \Staff Activity Reports \Finance\.Iun 2014 Report.Docx Page 2 6/30/2014