2016-02-16CITY OF OKEECHOBEE
FEBRUARY 16, t
, REGULAR CITY COUNCIL MEETING
3497
SUMMARY OF COUNCIL I
ACTION
PAGE 1 OF 5
11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11
CALL TO ORDER - Mayor
February 16, 2016, City Council Regular Meeting, 6:00 P.M.
II. OPENING CEREMONIES
Invocation to be given by Reverend Jim Dawson, First United Methodist
Church; Pledge of Allegiance to be led by Mayor Kirk.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Administrator Marcos MontesDeOca
City Attorney John R. Cook
City Clerk Lane Gamiotea
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director David Allen
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor
A. Proclaim the week of February 14 through 20, 2016 as "Through With
Chew Week."
Mayor Kirk called the February 16, 2016, Regular City Council meeting to order at 6:01 P.M.
In the absence of Reverend Dawson, the invocation was offered by Council Member Watford; the Pledge of
Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Absent (Lt. Conroy in attendance)
Present
Mayor Kirk presented the following proclamation to Courtney Moyette and Jasmine Moyette, SWAT Club President
from Okeechobee High School: "Whereas, the Florida Department of Health's Bureau of Tobacco Free Florida
and Quit Doc Foundation in Okeechobee County are leaders in tobacco prevention and cessation efforts;
and Whereas, using smokeless tobacco can lead to nicotine addiction and dependence; and Whereas,
smokeless tobacco products like chew and dip can contain more nicotine than cigarettes; and Whereas,
smokeless tobacco users have an 60 percent higher risk of oral cancer, and Whereas, youth use of
smokeless tobacco has fluctuated but has not decreased compared to a decade ago; and Whereas, once
adolescents start using one tobacco product, they are more likely to experiment with others; and Whereas,
many of the highest youth smokeless tobacco use rates are in rural areas; and Whereas, Tobacco Free
Florida's 3 Free and Easy Ways to Quit can double a tobacco user's chances of successfully quitting. Now,
Therefore, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee,
Florida, do hereby proclaim February 14 through 20, 2016 as `Through With Chew Week'."
FEBRUARY 16.2016 - REGULAR MEETING - PAGE 2 OF 5
515
II AGENDA h COUNCIL ACTION - DISCUSSION — VOTE II
IV.
MA
PROCLAMATIONS AND PRESENTATIONS CONTINUE
B. Proclaim the month of March 2016 as "American Red Cross Month."
AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
VI. MINUTES — City Clerk
A. Motion to dispense with the reading and approve the Summary of Council
Action for the January 19, 2016, Regular Meeting.
VII. WARRANT REGISTER — City Administrator
A. Motion to approve the January 2016 Warrant Register:
GeneralFund.....................................................................$ 419,170.01
General Fund (Centennial Account) ...................................$ 234.75
Public Facilities Improvement Fund ...................................$ 17,265.87
Capital Improvement Projects Fund ...................................$ 1,066.30
Law Enforcement Special Fund .........................................$ 50.00
Mayor Kirk presented the following proclamation to four representatives of the American Red Cross local chapter:
"Whereas, the American Red Cross Month is a special time to recognize and thank our everyday Heroes -
those who reach out to help people in need; and Whereas, American Red Cross heroes help disaster victims
recover. They bring comfort to families who have lost their homes to fire; they brighten the day of an injured
service member; they step forward to help someone having a heart attack; and Whereas, we would like to
remember our heroes in our community who help people in need. They work tirelessly to assist their
neighbors when they need a helping hand; and Whereas, across the country and around the word, the
American Red Cross responded to disasters. When a family was displaced due to a fire, the Red Cross
provided shelter; when an injured service member ended up in a hospital far from home, the American Red
Cross offered comfort, when a lifeguard jumped in to save a drowning child or someone stepped up to help
a heart attack victim, the American Red Cross was there; and Whereas, we dedicate the month of March to
all those who support the American Red Cross mission to prevent and alleviate human suffering in the face
of emergencies. Our community depends on the American Red Cross, which relies on donations of time
and money to fulfill its humanitarian mission. Now, Therefore, I, James E. Kirk, by virtue of the authority
vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim March 2016 as "American
Red Cross Month." An informational flyer regarding the newly released Red Cross app was distributed.
Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. New business
item D was added.
Motion and second by Council Member Chandler and O'Connor to dispense with the reading and approve the
Summary of Council Action for the Regular Meeting of January 19, 2016. There was no discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Ritter to approve the January 2016 Warrant Registers in the
amounts: General Fund, four hundred nineteen thousand, one hundred seventy dollars and one cent ($419,170.01);
General Fund (Centennial Account), two hundred thirty-four dollars and seventy-five cents ($234.75); Public Facilities
Improvement Fund, seventeen thousand, two hundred sixty-five dollars and eighty-seven cents ($17,265.87); Capital
Improvement Projects Fund, one thousand, sixty-six dollars and thirty cents ($1,066.30); Law Enforcement Special
Fund, fifty dollars ($50.00). There was no discussion on this item.
S116
FEBRUARY 16, 2016 - REGULAR MEETING - PAGE 3 OF 5
AGENDA
VII. WARRANT REGISTER CONTINUED
A. Motion to approve the January 2016 Warrant Register continued.
VIII. NEW BUSINESS
A. Presentation and discussion regarding the Okeechobee Music Festival —
Chris Norman, Soundslinger, LLC.
COUNCIL ACTION - DISCUSSION - VOTE
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Mr. Chris Norman, Site Construction Manager for Sun Grove Ranch appeared before the Mayor and City Council with
Ms. Susan O'Rouke, Project Traffic Engineer to provide an update on the music and arts festival being held March 4
through 6, 2016. The property is located outside the City Limits at 12517 Northeast 91 st Avenue. However, due to the
number of anticipated attendees, the City will be impacted as well. The inaugural four -day weekend camping, music
and arts festival plans to be a large event held on the 800-acre ranch with approximately 30,000 attendees, in addition
to 500 security personnel, food vendors, and festival staff. A multi -genre line up of more than 80 artists, bands and
DJ's have committed to perform such as Robert Plant, Hall and Oats, and Mumford and Sons.
The producers want to assure everyone that they are taking all possible measures to handle the anticipated traffic
issues. They are coordinating with the City Police Department as approximately 60 percent of the traffic arriving will be
from US Highway 441 and State Road 70 East. There will be a series of perimeter message signs to alert drivers along
the roadways as well as directional/information signage specific to the festival. The Florida Department of
Transportation authorized permission to modify traffic lanes as needed in order to meet the traffic demands. An 80
member medical team along with law enforcement from Federal, State and local agencies will be on site throughout
the event.
Council Members Watford and Ritter had questions relating to directional signage and making adjustments to traffic
flow based on the circumstances as they arise. Ms. O'Rouke responded that they are using their best guess on where
to erect the signs and assured them adjustments can be made as needed to keep traffic flowing as well as the
proposed plan for entrance to the property. They will have four entry points, one specifically designated "VIP" and
designated for staff. The Sheriff's Office will be assisting to keep the roadways open for the Waste Management
vehicles as well as school buses.
Council Member O'Connor expressed his concerns that the festival not turn into another Woodstock of 1969. Mr.
Norman responded that is not the intentions of the producers, which is why they are paying the extra fees to have such
a large law enforcement presence and medical staff at the site. Okeechobee County Under Sheriff Noel Stephen, also
in attendance, added that individuals and vehicles will be searched upon entry. There will be a temporary jail on site.
Those arrested on felony charges will be transported to the County Jail, Mr, Norman further explained, "we cannot tell
you issues will not come up, but we are taking as many precautions as possible." Additionally, there is a limit to the
number of people who can be on the property. After the event, representatives of Soundslinger, LLC will be providing
an economic impact report. The anticipation is that it will show this endeavor was a good, profitable celebration for all
involved. The Mayor and Council thanked Mr. Norman and Ms. O'Rouke for taking the time to make the presentation
and wished them a profitable endeavor. No official action was required on this item.
FEBRUARY 16, 2016 - REGULAR MEETING - PAGE 4 OF 5
517
AGENDA
Vill. NEW BUSINESS CONTINUED
B. Consider a Temporary Street Closing submitted by Okeechobee Christian
Academy to close Southeast 2nd Avenue between Southeast 6th and 7th
Streets on February 19, 2016 from 8:30 am to 2:00 pm for a Schoolwide
Field Day - City Administrator (Exhibit 1).
C. Approval of a Third Party Contract to assist with distribution of employee
benefits — City Administrator
ITEM ADDED:
D. Discussion regarding mosquito spraying — Council Member O'Connor
COUNCIL ACTION - DISCUSSION - VOTE
Council Member Watford moved to approve a Temporary Street Closing submitted by Okeechobee Christian
Academy to close Southeast 2nd Avenue between Southeast 6th and 7th Streets on February 19, 2016 from 8:30 am
to 2:00 pm for a Schoolwide Field Day; seconded by Council Member Ritter. There was a brief discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Chandler to approve the Third Party Contract with Attorney
Michael E. McCabe (of Henderson, Franklin, Starnes, and Holt, P.A.) to assist with distribution of employee benefits
as presented. There was a brief discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Council Member O'Connor requested to add to the agenda discussion regarding mosquito spraying, The matter was
addressed previously on October 16, 2012. Action was to piggyback on the City of Clewiston's Mosquito Control
Contract, retaining Fleming Pest Management for up to $2,000.00 to conduct a one-time adult mosquito insecticide
application. In light of the recent publicity of the Zika Virus which is transmitted by daytime -active (Aedes)
mosquitoes, such as A. aegypti and A. albopictus combined with the heavy rains creating standing water, the issue
may need to be addressed again as several other surrounding counties are taking the virus seriously and are
addressing the matter. However, since 2012, the State has changed the policy and procedures for a municipality to
offer mosquito spraying to residents. He asked Mr. Charles Norris, Director of the Buckhead Ridge Mosquito Control
to attend this meeting and offer some suggestions on this issue.
Mr. Norris explained the seriousness of the Zika Virus, as well as many others spread by mosquitos, along with the
various methods of eradicating them. The mosquitos carrying Zika are "container raised" types. Residents need to
be educated to empty all containers that can hold water within their yards and around buildings. The State prohibits
from spraying just to spray. Instead, citizens make a complaint call, which is then investigated and documented
through worksheets requiring specific data. Once the criteria is established through the worksheets, only then can
the area be sprayed.
Council Member Watford asked what should the City do. Mr. Norris responded, all the counties around the lake
excluding Okeechobee, have a mosquito control district. The best method for combating the mosquitos carrying the
Zika Virus is to educate the citizens through the media and other organizations to pay attention and take care of
their belongings, and keep them from holding any water.
511b
FEBRUARY 16, 2016 - REGULAR MEETING - PAGE 5 OF 5
AGENDA
Vill. NEW BUSINESS CONTINUED
D. Discussion regarding mosquito spraying continued.
IX. ADJOURNMENT — 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 rYied}a are for the sole purpose
of backup for official records of the Clerk. /J
James . Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC,; City Clerk
COUNCIL ACTION - DISCUSSION - VOTE
Mr. Norris then went into detail explaining the effectiveness of contact and aerial spraying. The Mayor and Council
instructed Administrator MontesDeOca to find out as much information as possible on the options available to the
Citv, includina best methods and practices on mosauito control and brina it back to them. Mr. Norris advised that he
would provide a public information flyer to the Administrator in order for the City to provide public service
announcements to educate the public on the issue. Although this information is supplemented through the County
Health Department, as pointed out by Council Member Ritter, additional promotion by the City could be beneficial in
getting the message out into the community.
There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 6:51 P.M.
Okeechobee News
rim 107 SW 17th Street, Suite D
ANDEPENDENT Okeechobee, Florida 34974
NEWSMEDIA INC. USA 863-763-3134
STATE OF FLORIDA i
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
NAws, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a_ 2?
-_cx
i
in the matter of_�L`
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
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
ui advertisement, and afliant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
a vcri s.-?12c.nt for publlcatllin in the Ja1Ct newspaper.
Katrina Elsken
Sworn to andt-ibscribed before me this
1:. ` day ofAD
Notary Public, State of Florida at Large
.I t- —
�tij�Y o
Y4f°.
=• +:
ANGIE BRIDGES
MY COMMISSION # EE 171653
EXPIRES: Aprir 20, 2016
q„
Bonded Thru Notary Public Underwriters
PUBLIC NOTICE
CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the City Council for the City of Okeecho-
bee will conduct 'a
regular meeting om Tues Feb i6r 2016, 6 PM, or as
soon thereafter as possible, at City Hall, 66 StE 3rd Ave, Rm 200, Okeecho-
bee, FL. The public is invited and encouraged to attend. The agenda may
be obtained from cityofokeechobee.com or by calling the Office of the City
Administrator, 863-763-3372 x212.
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,gvideo
or items to the Council in support or opposition to any item on the aenda;
a copy of the document, picture, video, or item MUST be provided to the
City Clerk for the City's records.
By: Mayor James E. Kirk
47468g ON 2/12/2016
< r CITY OF OKEECHOBEE
55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974
FEBRUARY 16 2016
71s* REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 2
I. CALL TO ORDER - Mayor: February 16, 2016, City Council Regular Meeting, 6:00 p.m.
Il. OPENING CEREMONIES: Invocation given by Rev. Jim Dawson, First United Methodist Church;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Noel Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Administrator Marcos Montes De Oca
City Attorney John R. Cook
City Clerk Lane Gamiotea
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director David Allen
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor
A. Proclaim the week of February 14 — 20, 2016 as "Through With Chew Week."
B. Proclaim the month of March 2016 as "American Red Cross Month."
February 16, 2016 PAGE 2 OF 2
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VI. MINUTES — City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the February 2, 2016 Regular Meeting.
VII. WARRANT REGISTER
A. Motion to approve the January 2016 Warrant Register — City Administrator
General Fund
$419,170.01
General Fund (Centennial Account)
$
234.75
Public Facilities Improvement Fund
$
17,265.87
Capital Improvement Projects Fund
$
1,066.30
Law Enforcement Special Fund
$
50.00
VIII. NEW BUSINESS
A. Presentation and discussion regarding the Okeechobee Music Festival — Chris Norman, Soundslinger, LLC
B. Consider a Temporary Street Closing submitted by Okeechobee Christian Academy to close SE 2nd Avenue between SE 6th and 7th Streets on February
19, 2016 from 8:30 am to 2:00 pm for a Schoolwide Field Day - City Administrator (Exhibit 1).
C. Approval of a Third Party Contract to assist with distribution of employee benefits — City Administrator
IX. ADJOURN
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person
will need a record of the 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 recordings 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.
- i / ), i (%, t./ / /-
CITY OF OKEECHOBEE
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THROUGH WITH CHEW WEEK PROCLAMATION
BY CITY OF OKEECHOBEE CITY COUNCIL
WHEREAS, the Florida Department of Health's Bureau of Tobacco Free Florida and Quit Doc
Foundation in Okeechobee County are leaders in tobacco prevention and cessation efforts; and
WHEREAS, using smokeless tobacco can lead to nicotine addiction and dependence;'
WHEREAS, smokeless tobacco products like chew and dip can contain more nicotine than
cigarettes,-2and
WHEREAS, smokeless tobacco users have an 80 percent higher risk of oral cancer, and
WHEREAS, youth use of smokeless tobacco has fluctuated but has not decreased compared to
a decade ago;4 and
WHEREAS, once adolescents start using one tobacco product, they are more likely to
experiment with others;5 and
WHEREAS, many of the highest youth smokeless tobacco use rates are in rural areas ;3 and
WHEREAS, Tobacco Free Florida's 3 Free & Easy Ways to Quit can double a tobacco users
chances of successfully quitting; and
NOW, THEREFORE, I, [Insert Public Official's Name or Local Government Agency's Name],
[Insert Title if Applicable] of The City of Okeechobee, in Okeechobee County FL do hereby
proclaim February 14-20, 2016 as Through With Chew Week.
Dated this XY day of February 2016.
Cancer Prevention & Early Detection Facts and Figures 2010.
2 U.S. Food and Drug Administration (FDA), Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol
Versus Nonmenthol Cigarettes, July 2013,
3 Boffetta, P, et al., "Smokeless tobacco and cancer," The Lancet 9:667-675, 2008.
° Florida Youth Tobacco Survey (FYTS), Florida Department of Health, Bureau of Epidemiology, 2015
5 U.S. Food and Drug Administration. FDA Parental Advisory on Flavored Tobacco Products - What You Need To Know. FDA.7
March 2011. <http://www.fda.gov/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/ucml83196.htm>
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EREAS, the Florida Department of Health's Bureau of Tobacco Free Florida and Quit Doc
Foundation in Okeechobee County are leaders in tobacco prevention and cessation efforts;
and
WHEREAS, using smokeless tobacco can lead to nicotine addiction and dependence;
, ' EREAS, smokeless tobacco products like chew and dip can contain more nicotine than cigarettes, and
WHEREAS, smokeless tobacco users have an 80 percent higher risk of oral cancer, and
WHEREAS, youth use of smokeless tobacco has fluctuated but has not decreased compared to a decade
ago; and
WHEREAS, once adolescents start using one tobacco product, they are more likely to experiment with
others; and
WHEREAS, many of the highest youth smokeless tobacco use rates are in rural areas; and
WHEREAS, Tobacco Free Florida's 3 Free & Easy Ways to Quit can double a tobacco user's chances of
successfully quitting.
OW, THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of
Okeechobee, Florida, do hereby proclaim February 14-20, 2016 as "Through With Chew Week."
In witness whereof, on February 16, 2016, I have
set my hd and caused this seal to be affixed
r_. James E. Kirk Ma ox
Attest:
:"�' I a. < � ► `�"w�«:��c.»�v.•�,...v _ e.�„._w,. a _. �.,-i_:ri"%eo (' �v�
Page: 2 of 3 02/9/2016 06:49 AM TO:18637631686 FROM: American Red Cross
PHONE #18633146743
6 " -0 8 1 b7l KI
(863) 763-3372-
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TO:
CITY ADMINISTRATOR'S OFFICE
55 SE 311D AVENUE
OKEECHOBEE� FLORIDA 34974
NAME: 11, ( C -) } \ C,c_k
ADDRESS:
TEI.EPHONE: F)((-)�'- 4`� j� j FAX
FAX (863) 763-1686
MEETING: REGULAR SPECIAL 71 WORKSHOP Cyr DATE:--'
---v-
P ASE STATE THE ITEM YOU WISHTO HAVE PLACED ON THF�I,TY COUNCIL AGENDA: .
PLEASE STATE W HAT DEPA RTM ENT(S) YOU HAVE WORKED W ITH:
PI EASE STATE DESIREDA TION BY THE CITY COUNC�:
---- _........ --------
PLEASE SUMMARIZE PERTINENT 11\117ORMATION CONCERNING YOUR REQUEST AND ATTACH
APPLICABLE DOCUM ENTS:
IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES U NLESS OTH LKWISF,
APPROVED BY THE MAYOR.
7
SIGNED BY: _ DATE: -Q1
Page: 3 of 3 02/9/2016 06:49 AM TO:18637631686 FROM: American Red Cross
PHONE- 418633146743
AMERICAN RED CROSS MONTH 2O16
A Proclamation
The American Red Cross Month is a special time to recognize and thank our Everyday Heroes — those
who reach out to help people in need.
American Red Cross heroes help disaster victims recover. They bring comfort to families who have lost
their homes to fire. They brighten the day of an injured service member. They step forward to help
someone having a heart attack.
We would like to remember our heroes here in [NAME OF COMMUNITY] who help people in need. They
work tirelessly to assist their neighbors when they need a helping hand.
Across the country and around the world, the American Red Cross responded to disasters. When a family
was displaced due to a fire, the Red Cross provided shelter, when an injured service member ended up in
a hospital far from home, the American Red Cross offered comfort. When a lifeguard jumped in to save a
drowning child or someone stepped up to help a heart attack victim, the American Red Cross was there.
Whereas, we dedicate the month of March to all those who support the American Red Cross mission to
prevent and alleviate human suffering in the face of emergencies. Our community depends on the
American Red Cross, which relies on donations of time and money to fulfill its humanitarian mission.
NOW, THEREFORE, I, [MAYOR NAME], Mayor of [CITY], by virtue of the authority vested in me by the
Constitution and laws of [CITY] and Florida, do hereby proclaim March 2016 as American Red Cross
Month. I encourage all Americans to support this organization and its noble humanitarian mission.
IN WITNESS WHEREOF, I have hereunto set my hand this [XXXX] day of March, in the year of our Lord
two thousand sixteen, and of the [CITY] Florida.
age: 1 of 3 02/9/2016 06:49 AM TO:18637631686
PHONE ##18633146743
To: City of Okeechobeee Recipient Information
Fax #: 8637631686
Sender Information
From: American Red Cross
Email address: lizvette.epps@redcross.org (from 198.0.8.53)
Phone #: 18633146743
Sent on: Tuesday, February 9 2016 at 9:43 AM EST
FROM: American Red Cross
This fax was sent usina the FaxZero.com free fax service. FaxZero.com has a zero tolerance policy for abuse and junk faxes. If this fax is
Ottice of tOe MaN r
�. Okeec�obee Woriba
WHEREAS, the American Red Cross Month is a special time to recognize and thank our everyday Heroes
— those who reach out to help people in need, and
WHEREAS, American Red Cross heroes help disaster victims recover. They bring comfort to families who
have lost their homes to fire; they brighten the day of an injured service member; they step forward to
help someone having a heart attack, and
WHEREAS, we would like to remember our heroes in our community who help people in need. They
#)ork tirelessly to assist their neighbors when they need a helping hand, and
WHEREAS, across the country and around the word, the American Red Cross responded to disasters.
When a family was displaced due to afire, the Red Cross provided shelter, when an injured service
member ended up in a hospital far from home, the American Red Cross offered comfort; when a
lifeguard jumped in to save a drowning child or someone stepped up to help a heart attack victim,
the American Red Cross was there, and
WHEREAS, we dedicate the month of March to all those who support the American Red Cross mission to
prevent and alleviate human suffering in the face of emergencies. Our community depends on the
American Red Cross, which relies on donations of time and money to fulfill its humanitarian
mission.
NOW, THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of
Okeechobee, Florida, do hereby proclaim March 2016 as "American Red Cross Month."
In witness whereof, on February 16, 2016, I have
set my hand and caused this seal to be affixed
a
James E. Kirk, Mayor
___,
Florida's Gast to Heartland
Chapter
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Page 1 of 33
CITY OF OKEECHOBEE
FebXV���,1l01
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Tele: 863-763-3372 ext. 218 Fax: 863-763-1636
PARK USE AND/OR TEMPORARY STREET/
SIDEWALK CLOSING
PERMIT APPLICATION
Date Received:
L2-/,- /
Date Issued:
Application No:
I Date(s) of Event
201(s
Tnformation: C-In yj fiin ✓1 Ar r- rl` n nw
Organization:
I 0�C nose C, A -
I Tax Exempt No:
Mailing Address:
101 S Po-Yyot-f- .Avg
Contact Person:
V--i
E-Mail Address:
y-i Y\ . C) V . C.C/ .
l ete none:
Work: I "Yo,S- 3O`l2 Home: Cell:
Rnmm iry of nctivities:
of 1� -kA-� uSe. 02- ,per Yj1'-\
l0� Ci �i f✓l
� -}-O l Gi�-1
O `� r
rroceeas usage:.
Please check requested Parks:
FWer P� arks: -❑ City Hall Park ❑ #1 Memorial Park ❑ 112 ❑ #3 ❑ 94 ❑ #5 ❑ #6
OR
Address of event: J D1 S a'rrU-�-% A\,''2 -
Parcel ID:
Page 3 of 3
I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-
08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and
that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the
rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or
its officers, for the issuance of this Charitable Function Permit. .
CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECIOBEE AS ADDITIONAL
INSURED.
Appli ant Signature Date
oo®®OFFICE USE ONLY0401b
Staff Review
Fire Department:
Date:
Building Official:
Date:
2. ,
Public Works:
�/'—f
Date:
Police Department:
Date:
BTR Department:
Date:
City Administrator:
Date:
J
City Clerk:
Date:
NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND
RETURNED TO THE GENERAL SERVICES DEPARTMENT TIIIRTY (30) DAYS PRIOR TO
EVENT FOR PERMITTING.
Temporary Street and Sidewalk Closing submitted for review by City Council on
Temporary Street and Sidewalk Closing reviewed by City Council and approved
Date
Date
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
OFFICE OF THE JUDGE OF COMPENSATION CLAIMS
FORT MYERS DISTRICT
EMPLOYEE
Bettye Taylor
2427 NW 53rd Terrace
Okeechobee, FL 34972
EMPLOYER
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974
CARRIER/SERVICING AGENT
None
ATTORNEY FOR EMPLOYER
MICHAEL E. McCABE, ESQ.
Post Office Box 280
Fort Myers, FL 33902-0280
ATTORNEY FOR CLAIMANT
None
OJCC NO. Not assigned
JUDGE: Not assigned
D/A: 6/11/97
WORKERS' COMPENSATION REPRESENTATION AGREEMENT LIMITED POWER
OF ATTORNEY
1, Marcos Montes De Oca, The City Administrator for the CITY OF OKEECHOBEE, on
behalf of CITY OF OKEECHOBEE and with full authority to do so, hereby retain and
employ Attorney Michael E. McCabe, Esq., and HENDERSON, FRANKLIN, STARNES
& HOLT, P.A. (hereinafter referred to as the "Firm"), to represent the CITY OF
OKEECHOBEE, under the following terms and conditions, limited to the workers'
compensation injuries suffered by Bettye Taylor on 6/11/97, including any claims that
may be filed for that date of accident in the future.
AUTHORIZATION. The CITY OF OKEECHOBEE authorizes the Firm to act on its
behalf in representing the CITY OF OKEECHOBEE and in defending The CITY OF
OKEECHOBEE in any Workers' Compensation action brought by Bettye Taylor
regarding the 6/11/97 work accident. Authorization is limited to Workers' Compensation
matters only for which the Judge of Compensation Claims has jurisdiction. The Firm is
authorized to make investigations, undertake such legal proceedings and expend
monies on the CITY OF OKEECHOBEE'S behalf as the Firm may deem necessary.
This authorization extends to any employee of the Firm of HENDERSON, FRANKLIN,
STARNES & HOLT, P.A.
ATTORNEYS FEES. It is agreed that the CITY OF OKEECHOBEE is responsible for
the payment of attorney's fees for the services rendered by Michael E. McCabe, Esq.,
his staff, and HENDERSON, FRANKLIN, STARNES & HOLT, P.A. The Firm is
authorized to make investigations, undertake such legal proceedings, and expend
monies on behalf of The CITY OF OKEECHOBEE in the investigation of Bettye Taylor's
Workers' Compensation claim, and in asserting any defenses related to litigation
associated with her Workers' Compensation accident and injuries. I understand that
attorney's fees for work performed by Mr. McCabe and other attorneys at
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. will be billed at $150.00 per hour
and will be billed, along with any costs expended on behalf of The CITY OF
OKEECHOBEE, on a monthly basis, with said bills being sent to the Finance Director,
India Reidel. A rate of $65.00 per hour will be billed as paralegal fees. Paralegals,
working under the supervision of an attorney, may perform non -clerical work, including
meaningful legal support to the matter involved and legal research and case
development or planning in relation to modifications or initial proceedings, services,
processes, or application; or who prepare or interpret legal documents or select,
compile, and use technical information from references such as digests, encyclopedias,
or practice manuals and analyze and follow procedural problems that involve
independent decisions. Should this agreement be terminated for any reason, The CITY
OF OKEECHOBEE acknowledges that the Firm will have a lien to the extent provided
by law for any fees accrued on the City's behalf during the Firm's representation.
FIRM COSTS. The CITY OF OKEECHOBEE agrees to reimburse HENDERSON,
FRANKLIN, STARNES & HOLT, P.A. for all costs associated with the investigation and
defense of the above Workers' Compensation accident. It is understood that costs are
separate and apart from attorney's fees and are the responsibility of The CITY OF
OKEECHOBEE. Should this agreement be terminated for any reason, the CITY OF
OKEECHOBEE understands that HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
will have a lien for any costs expended on its behalf during their representation of The
CITY OF OKEECHOBEE in this matter. Examples of those costs include:
(1) Copying, faxing, long distance telephone calls, computerized
research;
(2) Investigative services;
(3) Court reporter and transcription services;
(4) Accounting services;
(5) Witness fees,
(6) Courier services;
(7) Expert consultation, research, and review fees;
(8) Record acquisition fees;
(9) Mailing and postal charges;
(10) Mileage, and parking and toll fees;
(11) Translation and interpreter charges; and
(12) All other necessary costs incurred in the investigation into
the 6/11/97 accident and the potential defense of any
Workers' Compensation claim filed by Bettye Taylor for the
6/11/97 accident.
Should this agreement be terminated for any reason prior to the conclusion of
this claim, The CITY OF OKEECHOBEE acknowledges that the Firm will have a lien to
the extent provided by law for any costs accrued on the City's behalf during the Firm's
representation.
POTENTIAL FEES OWED TO MS. TAYLOR'S ATTORNEY BY THE CITY. While
Bettye Taylor is not formally represented at this time, The CITY OF OKEECHOBEE
understands that pursuant to the applicable version of section 440.34, Florida Statutes,
The CITY OF OKEECHBOEE understanding that it would be required to pay Ms.
Taylor's attorney's fees under certain circumstances in which benefits and treatment are
wrongfully denied or provided on an untimely basis, subject to the findings of the Judge
of Compensation Claims as to entitlement to, and the amount of, such fees. The CITY
OF OKEECHOBEE acknowledges that for 1997 dates of accident, such attorney's fee
would be calculated not based on a statutory guideline formula but would be based on
an hourly rate and the number of hours reasonably spent by the attorney in securing the
denied or untimely benefit, subject to the findings of the Judge of Compensation Claims.
EXCLUSION OF ADMINISTRATIVE RESPONSIBILITIES FOR THE UNDERLYING
CLAIM: The CITY OF OKEECHOBEE acknowledges that it is without the assistance of
an adjuster and insurance carrier for this claim, and that the CITY OF OKEECHOBEE
retains all responsibilities with regards to the administration of the claim, including timely
authorization of medical treatment, payment of benefits, accounting of payments, notice
to the Division of Workers' Compensation and Bettye Taylor, and other administrative
functions typically handled by an insurance carrier. The CITY OF OKEECHOBEE
acknowledges that Mr. McCabe and the Firm are not licensed adjusters and are not
responsible for statutory requirements for the underlying administration of this claim.
TERMINATION OF REPRESENTATION AGREEMENT: The CITY OF OKEECHOBEE
understands and agrees that CITY OF OKEECHOBEE may at any time terminate its
relationship with Mr. McCabe and Henderson, Franklin, Starnes & Holt, P.A., upon
written notice, and services performed on behalf of CITY OF OKEECHOBEE will
immediately cease upon receipt of such notice. In that event, the CITY OF
OKEECHOBEE will be obligated to pay for any services rendered and any costs
incurred prior to the Firm's receipt of the written notice. In addition, Henderson,
knowledged before me this P.A. may terminate its representation of CITY OF
OKEECHOBEE for failure to pay bills promptly, for any reason permitted under the rules
of professional conduct of the State of Florida, or for any other acts or circumstances
which, in our judgment, might adversely affect the attorney -client relationship or result in
a conflict of interest.
ATTORNEY'S RESPONSIBILITIES. The undersigned attorney agrees to diligently
conduct a review and investigation into the history of this claim, to address questions
concerning the extent of Bettye Taylor's injuries and the extent to which The CITY OF
OKEECHOBEE is required to provide medical treatment and compensation benefits,
and in the event that litigation is initiated, to diligently defend The CITY OF
OKEECHOBEE before the Judge of Compensation Claims. The undersigned attorney
agrees to keep The CITY OF OKEECHOBEE fully informed as to the status of the
above -referenced investigation and to any potential claim filed by Ms. Taylor related to
the 6/11197 accident. The attorney accepts the trust provisions of the agreement and
will account to The CITY OF OKEECHOBEE as to any monies received, expended, or
held on behalf of The CITY OF OKEECHOBEE, at the City's request. The undersigned
attorney will keep The CITY OF OKEECHOBEE updated on the progress of the
investigation and to confirm any instructions from The CITY OF OKEECHOBEE on how
it would like to proceed on substantive matters.
LIMITED POWER OF ATTORNEY. The CITY OF OKEECHOBEE does hereby make,
constitute, and appoint the undersigned attorney as the agent of The CITY OF
OKEECHOBEE and attorney -in -fact to act in The CITY OF OKEECHOBEE's name,
place, and stead with regards to the defense of Bette Taylor's 6/11/97 Workers'
Compensation claim.
THE UNDERSIGNED REPRESENTATIVE OF THE CITY OF OKEECHOBEE
HAS RECEIVED AND READ THE STATEMENT OF CLIENT'S RIGHTS AND
UNDERSTAND EACH OF THE RIGHTS SET FORTH THEREIN. THE
UNDERSIGNED HAS SIGNED THE STATEMENT AND RECEIVED A SIGNED COPY
TO REFER TO WHILE BEING REPRESENTED BY THE UNDERSIGNED
ATTORNEYS.
THIS CONTRACT MAY BE CANCELED BY WRITTEN NOTIFICATION TO THE
UNDERSIGNED ATTORNEY AT ANY TIME WITHIN THREE (3) BUSINESS DAYS OF
THE DATE THE CONTRACT IS SIGNED, AS SHOWN BELOW, AND IF CANCELED
THE CITY OF OKEECHOBEE SHALL NOT BE OBLIGATED TO PAY ANY FEES TO
THE UNDERSIGNED ATTORNEY FOR THE WORK PERFORMED DURING THAT
TIME. IF THE UNDERSIGNED ATTORNEY HAS ADVANCED FUNDS TO OTHERS
IN THE REPRESENTATION OF THE CITY OF OKEECHOBEE, THE UNDERSIGNED
ATTORNEY 1S ENTITLED TO BE REIMBURSED FOR SUCH AMOUNTS AS THE
UNDERSIGNED ATTORNEY HAS REASONABLY ADVANCED.
BY SIGNING THIS RETAINER AGREEMENT, LIMITED POWER OF
ATTORNEY, AND TRUST AGREEMENT, THE UNDERSIGNED REPRESENTATIVE
OF THE CITY OF OKEECHOBEE ACKNOWLEDGES THAT THE CITY OF
OKEECHOBEE HAS VOLUNTARILY ENTERED INTO THE AGREEMENT AND
RECEIVED A COPY OF THE SAME. FURTHER, THE UNDERSIGNED
REPRESENTATIVE OF THE CITY OF OKEECHOBEE AGREES THAT IF THERE
ARE ANY QUESTIONS CONCERNING THIS AGREEMENT, AN APPOINTMENT
WITH THE UNDERSIGNED ATTORNEY WILL BE SCHEDULED TO DISCUSS SAME.
CITY OF OKEECHOBEE
55 S.E. Third Avenue
Okeechobee, Florida 34974
Telephone: (863)-763-3372
Marcos Montes De Oca
City Administrator for The City of
HENDERSON, FRANKLIN, STARNES &
HOLT, P.A.
Post Office Box 280
Fort Myers, FL 33902-0280
Telephone: 239.334.1218
By:
Michael E. McCabe, Esq.
Florida Bar No. 0895091
Okeechobee
Dated:
STATE OF FLORIDA
COUNTY OF
Dated:
THE FOREGOING INSTRUMENT was acknowledged before me this
day of , , by Marcos Montes De Oca, the City
Administrator for the City of Okeechobee, who is personally known to me or who has
produced as identification and who ❑ did ❑
did not take an oath, acknowledging that he/she has executed this Retainer
Agreement for the purposes contained herein.
My Commission Expires:
Notary Public
Print/Type Name of Notary
Commission No.
d is+r; hk+ed c4
a-Ilo-Ili YVlC�2�uz�
a
To: Mayor Kirk and City Council Members
From: Marcos Montes De Oca, Administrator
Subject: Additional Item to Agenda
Date: February 16, 2016
Please consider adding the following new business item to the agenda:
Discussion regarding mosquito spraying — Councilman O'Connor
ACTION LIST — February 16, 2016
from the City Administrator's Desk
SS SE 3Yd Ave., Okeechobee, FL 34974
- Centennial Park — Staff continues searching for potential additional grants to shoreline
stabilization and docks. Additional grant funding also sought for project.
- Grant Assistance /Administration — Negotiating a contract with LAT & Associated for
targeted grants.
- Administration /Public Works HRTPO Grants Applications — Grant applications are
DONE and submitted for signals (NW 9th Street / Parrott & SW 6th Street / Parrott) as
well as resurfacing, completed in-house totaling approximately $1.7M. Awaiting
HRTPO comments and suggestions.
- HRTPO information Session — City will host in Council Chambers, HRTPO public
information forum on March 3, from 4-6 pm.
- Building Department — Preliminary Plan Review — Building Department due to increase
workload will not be completing preliminary application reviews unless accompanied by
Building permit and applicable building fee. As of January Building department has
taken in over $47k in permit fees, which is 60% of entire last year.
- Finance / General Services Lien Search — Working to prepare a resolution for fee
schedule for services provided. Set to mimic County and surrounding areas as well.
- Equipment — Requests for Fire, Police Dept, and Public Works are continuing.
- City Hall Municipal Sign -to be rehabilitated at first of the year- currently obtaining
quotes. Planned project for first quarter of 2016. Coordination with Chamber and
Leadership class for collaborative effort.
- City Hall signage and Concrete Base- project to be completed in cooperation with
Okeechobee Chamber, Leadership Okeechobee and City.
- SCOP Project — SW 7th St & SW 2nd Ave improvements are going out for bid and
advertisement.
- Primitive Baptist Church — awaiting family donation pending for the facility.
Page 1
��...rr City of Okeechobee
Provided 2/11/16 M ancial Summary, Oct 2015 through Jan 2NK6
General Fund Revenues
Budget
YTD Revenues
25%
Ad Valorem Taxes
1,868,924
1,489,868
79.72%
Utility & Sales Taxes
1,466,171
357,232
24.36%
Permits, Fees &
549,050
146,101
26.61%
Intergovernmental
527,441
165,611
31.40%
Charges for Services
418,532
292,126
69.80%
Fines & Forfeitures
13,800
5,311
38.49%
Other & Miscellaneous
15,350
9,631
62.74%
Subtotal
4,859,268
2,465,880
50.75%
Transfer in PF
398,000
Transfer in Cap.
899,441
Total Budget
6,156,709
2,465,880
40.05%
Selected Operation Revenues,
General Fund
Budget
YTD
25%
Building Permits
68,500
55,851
81.53%
1 Cent & 1/2 Cent Sales Tax
896,341
218,517
24.38%
Communications Serv. Tax
210000
59,650
28.40%
State Revenue Sharing
189:091
70,072
37.06%
Expenditures Per Dept.
Budget
YTD
25%
Expenditures
Legislative
120,284
44,941
37.367
Executive
181,003
54,344
30.02%
Financial Services
268,723
71,373
26.56%
Legal Counsel
88,197
16,566
18.78%
General Services
378,974
90,083
23.77%
Law Enforcement
2,197,633
631,745
28.75%
Fire Protection
1,463,483
431,317
29.47%
Road and Street
1,177,475
346,750
29.45%
Clerk
222,937
64,371
28.87%
Tourism/Eco. Development
10,000
12,123
121.23%
TOTALS
6,108,709
1,763,613
28.87%
2,000,000
1,800,000
1,600,000
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
Jallo
Pa
General Fund Budget & YTD Revenues by Category
0 — ,
e`° e`' 4> 1x\ e`0 e`'
+ + e 5 Jc o
e� a \e �a e cue Se
s Sa \y A6 dot 'o yce
4& Qes� \c`es�o 5 F�ceS%-
Der
a
General Fund Budget & YTD Expenditures by Department
2,500,000 ■ Budget
2,000,000
Yrn
1,500,000 Aa
nditures
1,000,000500,000O�
�``eh oJc�� e�``e� e�eco`e`o a��tee�
a6 a�5 koo Qc
ace` �e� eves ��c Fuse oa6 Oe
o°
Budget, Revenues and
YTD
Budget
YTD Revenues
16.00%
25%
Expenditures By Fund
Expenditures
General Fund
6,108,709
2,465,880
40.37%
1,763,613
28.87%
Public Facilities
718,694
173,441
24.13%
60,803
8.46%
Appropriation Grant
317,000
0
0.00%
4,500
1.42%
TMDL Grant
769,000
0
0.00%
0
0.00%
Capital Fund
1,999,753
834
0.04%
27,558
1.38%
Law Enforcement Special
1,750
1,750
100.00%
200
11.43%
TOTALS
9,914,906
2,641,905
26.65%
1,856,674
18.73%
8,000,000
Notes:
(1) Some revenues are received in arrears.
Therefore using the % of 25% as a qualifier
(2) The General Funds' major revenue
source is ad valorem taxes. The City
typically receives 80% to 85% of ad valorem
revenue by Mar. 31 each year
(3) City portion of Pension contributions are
paid out quarterly, therefore the
expenditures maybe skewed.
6,000,000 (4) All budgeted interdepartmental
2,000,000 _ 000 ■Budget transfers are made at the end of the fiscal
0 ■ YTD Revenues year. This skews the revenues for those
ece�a�. Qco��o oQ�aL �`acc `�Jca �� ■ YTD Expenditures funds ,and it skew expenditures for those
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