School Board Amend to Impact Fee AgmtAMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN
OKEECHOBEE COUNTY, THE CITY OF OKEECHOBEE, AND
THE SCHOOL DISTRICT OF OKEECHOBEE COUNTY, FLORIDA
THIS AMENDMENT TO INTERLOCAL AGREEMENT, made and entered into this
day of , 2011, by and between the OKEECHOBEE COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter
referred to as "County," the CITY OF OKEECHOBEE, a Florida municipal corporation, hereinafter
referred to as "City" and the SCHOOL DISTRICT OF OKEECHOBEE COUNTY, FLORIDA,
hereinafter referred to as "School Board."
WITNESSETH:
WHEREAS, the County, City, and School Board previously entered into that certain
Interlocal Agreement dated Mar6h 8, 2007 to address the procedural aspects of the collection,
imposition and remittance of impact fees as authorized by each jurisdiction; and
WHEREAS, the School Board on October 11, 2011 adopted a Resolution recommending
the suspension and waiver of the imposition and collection of the Public Educational Facilities
Impact Fee by the County through June 30, 2012 and yearly thereafter thereby necessitating an
amendment to said Interlocal Agreement.
NOW, THEREFORE, for and inconsideration of the premises and mutual agreements
hereinafter contained herein and other good, valuable consideration, the County, the City, and the
School Board hereby agree that said Interlocal Agreement is amended to the extent as follows:
1. The City and the County shall suspend imposition, collection and forwarding to the
School Board as soon as each may lawfully do so given their existing ordinances dealing with the
imposition and collection of Public Educational Facilities Impact Fees.
2. Any such Public Educational Facilities Impact Fees collected pending amendment
or repeal, as necessary, of such ordinances mandating their collection, shall be remitted to the School
Board as provided in said ordinances or thelnterlocal Agreement, to be retained or refunded as the
School Board may determine, provided however, any retention and later expenditure shall be in
accordance with such ordinances as were in effect on the date of the collection of such fees.
[7103 - 89835. WPD] 1
3. The City and the County shall each, if necessary, initiate the legislative process, to
amend or repeal such ordinances that may require the imposition and collection of Public
Educational Facilities Impact Fees, however, nothing in this Agreement shall be deemed to be an
agreement or obligation to amend or repeal such ordinances.
ATTEST.
OKEECHOBEE COUNTY, FLORIDA
By I �4-4-t 6,tie
MARGARET GARRARD HELTON, CHAIR
BOARD OF COUNTY COMMISSIONERS
Date:
y- a7 -ao/l
B
SHARON ROBERTSON, Clerk
ATTEST:
By
Ak.J—■ 4tiJt
•
LANE GAMIOTEA .City Clerk
ATTEST:
CITY OF OK CHOBEE, FLOIDA
J) MES E. KIRK, Mayor
Date: march 61 (90/LQ
SCHOOL DISTRICT OF OKEECHOBEE
COUNTY, FLORIDA
By 'rte
KE Y O NS, Chair
Date: 12/13/2011
KEN KENWORTHY, Superintendent
and Secretary to the Board
[7I 03- 89835. WPD] 2
69 MARCH 6,2012-REGULAR MEETING-PAGE 3 OF 6
AGENDA COUNCIL ACTION-DISCUSSION-VOTE
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
D. Present Ryan Holroyd with Police Department Employee of the Mr.Ryan Holroyd began his career as a part-time Officer from February to June of 2008.After being offered a full-time
Year Award. position,he and his family made Okeechobee their hometown. He is a young officer with a lot of maturity and we are
pleased to have him on the force. He was presented with a plaque, "Officer of the Year, in appreciation for your
loyal dedication and service for the year of 2011 to the citizens of Okeechobee,"
V. MINUTES- City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the
Council Action for the February 21, 2012 Regular Meeting. February 21, 2012 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item.
VOTE
KIRK-YEA MAXWELL-ABSENT O'CONNOR-ABSENT
WATFORD-YEA WILLIAMS-YEA MOTION CARRIED.
VI. AGENDA- Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition,deferral or withdrawal of items on today's agenda.
agenda. There were none.
VII. NEW BUSINESS.
A. Motion to approve the Impact Fee Agreement with Okeechobee Council Member Watford moved to approve the Amendment(to the Interlocal Agreement,dated May 8,2007,between
County and the School District of Okeechobee County-City the City, County and School District regarding the collection of the Public Education Facilities Impact Fees) as
Administrator(Exhibit 1). presented; seconded by Council Member Williams.
On October 11, 2011, the School Board adopted a resolution recommending the suspension and waiver of the
imposition and collection of the Public Educational Facilities Impact Fee by the County through June 30, 2012. The
amendment documents the School Boards action and officially notifies the City not to collect such fees. The
amendment was adopted by the Board of County Commission on September 27,2011, then by the School Board on
December 13, 2011. The City was recently sent the original document to consider and execute.
VOTE
KIRK-YEA MAXWELL-ABSENT O'CONNOR-ABSENT
WATFORD•YEA WILLIAMS-YEA MOTION CARRIED.
Minutes of
Okeechobee County School Board Meeting
December 13, 2011
On the recommendation of Superintendent Kenworthy and a motion by Joe Arnold, seconded by Gay Carlton, the
Board voted unanimously to approve the low bid in the amount of $28,000.00 per year for three years submitted by
Riverside Land Maintenance, Inc. for lawn care services at Okeechobee High School. Dale Barrett, Director of
Operations, reported that five bids for the maintenance contract were received and that the winning bid from
Riverside Land Maintenance is very cost effective since it is lower than the previous contract for lawn services at
Okeechobee High School.
On the recommendation of Superintendent Kenworthy and a motion by Joe Arnold, seconded by India Riedel, the
Board voted unanimously approve an application and Services Agreement with PAMS Lunchroom, LLC to provide
online student account prepayment services for the School Food Service Department. Superintendent Kenworthy
commented that the use of this system will reduce the time spent daily in each school to receive, post, and track
student account payments and will allow parents to track their children's meal account and their meal purchases.
On the recommendation of Superintendent Kenworthy and a motion by Joe Arnold, seconded by India Riedel, the
Board voted unanimously to extend a suspension of employment of Judith Austin, Bus Driver, without pay effective
December 9, 2011, through January 17, 2012.
On the recommendation of Superintendent Kenworthy and a motion by India Riedel, seconded by Joe Arnold, the
Board voted unanimously to approve an Amendment to Interlocal Agreement Between Okeechobee County, The
City of Okeechobee, and The School District of Okeechobee County suspending the imposition and collection of
Public Educational Facilities Impact Fees. Tom Conely, School Board Attorney, explained that the resolution
adopted by the Board in October, 2011, declaring a moratorium on the collection of school impact fees necessitates
an amendment to the 3 -party Interlocal Agreement.
On the recommendation of Superintendent Kenworthy and a motion by Joe Arnold, seconded by David Wi���.
the Board voted unanimously to approve a workshop for Board members on Tuesday, January 17. 2012, at 5:Ou
p.m. in Room 303, 700 S.W. 2nd Avenue, Okeechobee, for the purpose of discussing budget issues.
Chairman Owens asked if any Board member or the Superintendent wished to pull any item from the Consent
Agenda. There were no requests. On the recommendation of Superintendent Kenworthy and a motion by Joe
Arnold, seconded by Gay Carlton, the Board voted unanimously to approve the remaining Consent Agenda as
follows:
The following personnel were employed:
Name
Position
School or Center
Effective Date
Cross, Tobi
Aide, Health
Seminole Elementary School
11 -14 -2011
Driskill, Deanne
Asst. Manager, Food Service
Everglades Elementary School
11 -14 -2011
Thompson, Clinton
Mechanic
Transportation
11 -14 -2011
The following temporary personnel were employed as needed for the fiscal year:
Book 17
Name
Position
Effective Date
Thomas, Kimmy J.
Sub Bus Driver
11 -29 -2011
3
Requested Action: Approve Advertising and scheduling a public hearing for the adoption
of a Resolution authorizing the use of the Uniform Method for levy, collection and
enforcement of non -ad valorem assessments beginning with the 2012 fiscal year.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVED [UNANIMOUS]
Ray Domer, Commissioner
Joey Hoover, Commissioner
Margaret Garrard Helton, Ray Domer, Joey Hoover,
Bryant Culpepper
f. INTERLOCAL AGREEMENT WITH THE CITY OF OKEECHOBEE AND THE
SCHOOL DISTRICT OF OKEECHOBEE COUNTY REGARDING PUBLIC
EDUCATIONAL FACILITIES IMPACT FEES
County Attorney John Cassels addressed the Board and stated the City, County and School
Board previously entered into an Interlocal Agreement to supplement the County
ordinance which imposed school facility impact fees. The County was recently advised
that the school board adopted a resolution on October 11, 2011 which requested the Board
of County Commissioners suspend and waive the imposition and collection of the Public
Education Impact Fee until June 30, 2012, and thereafter to annually continue the waiver
and suspension of such fee pending receipt of a new impact fee study recommending the
re- imposition and collection.
Requested Action: Approve Amendment to the Interlocal Agreement between the
County, City and School Board, suspending the collection of public education facilities
impact fees.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVED [UNANIMOUS]
Ray Domer, Commissioner
Joey Hoover, Commissioner
Margaret Garrard Helton, Ray Domer, Joey Hoover,
Bryant Culpepper
g. PRESENTATION AND DISCUSSION ON THE 2007 IMPACT FEE SCHEDULE
REVIEW PROCESS
Deputy County Administrator Jim Threewits addressed the Board and stated we are in the
process of reviewing the County's 2007 Impact Fee Schedule. Staff felt the first step
would be to provide the Commissioners all the options that are available and then decide
which option(s) they wanted to see in a more formal or final product.
Mr. James Duncan, President of James Duncan & Associates, addressed the Board and
presented all options available to the Board relating to amending and /or modifying the
County's 2007 Impact Fee Schedule.
Sharon Robertson
Clerk of the Board of County
Commissioners
Okeechobee County, Florida
6 of 8
October 27, 2011
Margaret Garrard Helton, Chair
Board of County Commissioners
Okeechobee County, Florida
proposeu tor- rctnaiiinnig gIaIu. uu13.
Okeechobee County, Florida
Office of the County Attorney
P.O. Box 968 • 400 NW Second Street • Okeechobee, Florida 34973
Telephone 863 - 467 -6900 • Facsimile 863 -763 -1031
February 8, 2012
Lane Gamiotea, City Clerk
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
Re: Amendment to Interlocal Agreement Our File No: 7103
Dear Ms. Gamiotea:
Pursuant to the School Board and City's request, I have prepared and enclose an Amendment to
Interlocal Agreement between Okeechobee County, the City of Okeechobee, and the School Board
of Okeechobee County regarding the suspension of the imposition and collection of impact fees.
Please have the Agreement executed by the Mayor with your attestation and return the original to
my office at your earliest convenience.
Thank you in advance for your assistance in this matter. If you have any questions, please do not
hesitate to contact me.
With kindest regards, I am
Sincerely,
D. Cassels,
JDC /gmc
Enclosures: As stated
hlWarITI 'ear °1 Bryant H. Culpepper Frank Irby Joey Hoover Margaret Garrard Helton
District 1 District 2 District 3 District 4 District 5