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2007-04-17 Regular Meeting1. CALL TO ORDER - Mayor: April 17, 2007 Regular City Council Meeting, 6:00 p.m II. OPENING CEREMONIES: CITY OF OKEECHOBEE APRIL 17, 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 Mayor Kirk called the April 17, 2007 Regular City Council Meeting to order at 6:00 p.m. Invocation given by Revered Randy Huckabee, First Baptist Church; The invocation was offered by Mark McCarter, Youth Pastor of First Baptist Church Okeechobee; Pledge of Allegiance led by Mayor. III The Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of April 29 through May 5, 2007 as "Municipal Clerks Week." City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Lieutenant Hagan was present on Chief Davis' behalf) Present Present Mayor Kirk presented a Proclamation to Clerk Gamiotea for "Municipal Clerks Week" and read the proclamation in its entirety as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be evermindful of their neutrality and impartiality, rendering equal service to all, and (continued on page two) '1 -7 APRIL 17, 2007 - REGULAR MEETING - PAGE 2 OF 8% 5 3 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the week of April 29 through May 5, 2007 as WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and "Municipal Clerks Week" continued. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. Clerk Gamiotea addressed the Council by thanking them for the proclamation, she then introduced Deputy City Clerk Eddings to give a presentation recently given at a public speaking class she is taking, entitled "Duties of the Municipal Clerk." The Mayor and Council thanked Ms. Eddings for her enlightening presentation. B. Proclaim the week of May 20 through 26, 2007 as "National Mayor Kirk presented a Proclamation to Public Works Director Robertson for "National Public Works Week," and read the Public Works Week." proclamation in its entirety as follows: "WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services: and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works department is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme "Public Works: Moving Life Forward, "is a tribute to the many positive improvements public works employees have made to our communities. 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 May 20 through 26, V. MINUTES -City Clerk. 2007 as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee." A. Motion to dispense with the reading and approve the Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the April 3, Summary of Council Action for the April 3, 2007 Regular 2007 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. Meeting. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 754 APRIL 17, 2007 - REGULAR MEETING - PAGE 3 OF 8 VI. WARRANT REGISTERS - City Administrator. A. Motion to approve the March 2007 Warrant Register: General Fund ......................... $531,790.66 Capital Improvement Projects Fund - Vehicles $400,753.74 CDBG Grant Fund ....................... $4,027.95 VII. AGENDA - Mayor. Council Member Watford moved to approve the March 2007 Warrant Register in the amounts of: General Fund, five hundred thirty-one thousand, seven hundred ninety dollars and sixty-six cents ($531,790.66); Capital Improvements Projects Fund - Vehicles, four hundred thousand, seven hundred fifty-three dollars and seventy-four cents ($400,753.74); Community Development Building Grant Fund, four thousand twenty-seven dollars and ninety-five cents ($4,027.95) seconded by Council Member Markham. There was no discussion on this item KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New today's agenda. III Business Item B was withdrawn. VIII. NEW BUSINESS. A. Discussion regarding the El Amigo De Todos Rodeo - Ms. Diana Heil of 604 Southwest 11`h Avenue requested to address the City Council regarding the El Amigo De Todos Rodeo Diana Heil (Exhibit 1). held within the City Limits on March 25, 2007. She has discussed the matter with various City Departments and would like to request that the City not grant the special events permit in the future for this rodeo. She was advised that when someone makes an application for a special event, City Staff cannot deny the application when they are able to meet all the required criteria. The Council would have to instruct staff not to grant the permit. She explained to the Council that the City Staff was very helpful. She understood their administrative responsibility and wanted to take her concerns to the Council. Her home is within seven -tenths of a mile from where the rodeo was held. She heard the noise, as the announcer's microphones were very loud. She got into her car to go investigate what it was and found the rodeo taking place at 706 Southwest 2nd Street, next to the El Amigo De Todos Bar. The applicant received a temporary use permit for the special event. However, she requested that they not be permitted in the future and distributed her objections in writings, the noise level ranged to what could be considered a nuisance and safety concerns for the animals, spectators and surrounding home owners. Administrator Whitehall added that this was the second time this particular business had applied for this type of permit. Last year's event was conducted better. This was a new business owner and a new event operator. Following the event, several complaints were received and documented to be addressed when future applications were received. 755 APRIL 1 �3 2007 - REGULAR MEETING - PAGE 4 OF 8 1 1 1 Vlll. NEW BUSINESS CONTINUED. A. Discussion regarding the El Amigo De Todos Rodeo Some of the items noted were: alcohol being taken outside of the establishment and into the rodeo area. (Note of clarification, continued. the event took place on a Sunday therefore only beer and wine could have been sold legally in the establishment as alcoholic beverages are not allowed to be sold on Sunday). The Mayor and Council discussed the problems and concerns. As explained to Mrs. Heil, it is difficult to deny a business a permit for a special event, when they can meet all the criteria in the application process. Various events are held throughout the year such as the downtown festivals, the American Legion Fair, all of which violate the noise levels established. However, they are tolerated because it will only take place for a few days and brings an event to the community. The Council stated that in this particular circumstance, there were other violations, which cannot be ignored such as possible violations of alcoholic beverages being sold on Sunday, beer and wine taken outside of the establishment and into the rodeo area, and events added that were not specifically listed on the application such as a mechanical bull. Administrator Whitehall was instructed to formulate a complete detailed list from all the departments of all violations and concerns. The items will need to be addressed should they apply for another permit A future violation of any item will be cause for the Council to deny any future special event permits for them. B. Request for approval of a cattle drive down State Road 70 1 Okeechobee Main Street President, Maureen Burroughs requested to address the City Council regarding the authorization to to the Ag Center on July 28, 2007 - Maureen Burroughs, have a "cattle drive" down North Park Street on July 28, 2007 to be the kick off of the National American Cowboy Celebration Okeechobee Main Street President (Exhibit 2). Day. The matter was withdrawn from the agenda by Mrs. Burroughs. C. Motion to adopt proposed Resolution No. 07-05 regarding Mr. Trey Sizemore of the International City Managers Association Retirement Corporation (ICMA-RC) was present to explain the 457 Deferred Compensation Plan - City Administrator the purpose of a 457 Deferred Compensation Plan and answer the Council's questions. The purpose of the plan is to give and Trey Sizemore, ICMA (Exhibit 3). employees another avenue to set aside money either for retirement or savings. This plan will be in addition, to the City's Pension Plan already established. The difference is the 457 Plan will be employee contribution only, and strictly voluntary should the employee elect to participate. The benefits to the employees are that the contributions are pre -taxed dollars and there is not a maximum limit that can be contributed as there is with other investment funds such as a ROTH IRA. The portability act enables new employees to bring their existing pension plan dollars from a previous employer without penalties. They cannot roll retirement accounts into the City's present pension funds. Council Member Watford moved to adopt proposed Resolution No. 07-05 establishing a 457 Deferred Compensation Plan; seconded by Council Member L. Williams. 75 APRIL 1;7, 2007 - REGULAR MEETING - PAGE 5 OF 8 Vill. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 07-05 regarding Attorney Cook read the Resolution by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, the 457 Deferred Compensation Plan continued. ESTABLISHING A DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION; PROVIDING SOME OR ALL OF THE FUNDS HELD UNDER SUCH PLAN BE INVESTED IN THE VANTAGE TRUST COMPANY, PROVIDING THAT THE ACCOUNTS SUPERVISOR WILL BE THE COORDINATOR FOR THIS PROGRAM, AND PROVIDING AN EFFECTIVE DATE." Administrator Whitehall added that several employees have inquired about these types of plans. The Council discussed whether the services should be bid out? It was explained that ICMA-RC was already serving the City for the Administrator's pension fund, as allowed by his employment services contract. It is the same program, only the amounts will change. Attorney Cook confirmed that it should not violate any type of purchasing regulation. Mr. Sizemore will conduct meetings with City Employees to explain the plan and benefits of participation. Minimum employee participation is not a requirement. VOTE _ KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve an Interlocal Agreement for School Impact Fees; seconded by Council Member D. Motion to approve an Interlocal Agreement for School L. Williams. Impact Fees -City Administrator (Exhibit 4). The agreement was discussed between the Council and Administrator Whitehall. The main concern stated by the Mayor and Council Members was the fact that everyone has been under the impression that the Impact Fee agreements would all take place at the same time. However, what has occurred instead is the School Board was able to get theirs adopted. The County adopted their last week. The City has not been presented with a final document by Mr. Keller. Administrator Whitehall was instructed by the Mayor and Council to express to Mr. Keller their frustration on this matter and that they request his appearance at the next City Council Meeting. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. APRIL 17,2007 - REGULAR MEETING - PAGE 6 OF 87 5 7 VIII. NEW BUSINESS CONTINUED. E. Motion to temporarily close Southwest 5" Avenue between Council Member Watford moved to temporarily close Southwest Vh Avenue between North and South Park Streets on April 21, North and South Park Streets on April 21, 2007 from 7:00 2007 from 7:00 a.m. to 7:00 p.m. for the Re -naming Ceremony of Osceola; seconded by Council Member Markham. The Council a.m. to 7:00 p.m. for the Re -naming Ceremony of Osceola thanked Council Member L. Williams for her work on this project. Street - City Clerk (Exhibit 5). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Clerk Gamiotea advised that an official motion had not been acted upon to rename the avenue. Council Member Markham made a motion to officially approve the name change of West 5m Avenue to be "Osceola West 5m Avenue seconded by Council Member L. Williams. The right-of-way was ordinally named "Osceola Street" when it was platted in 1914, until the Council voted in 1971 to change all street names within the City to numbers. Over.the years requests have been granted to add the names with the numbers of the streets in honor of various individuals. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F. Consider Citizen Board appointments - City Clerk (Exhibit Clerk Gamiotea presented by memorandum in Exhibit Six the list of members whose terms expire for the Code Enforcement 6) Board and citizens who have applied to be considered for appointment. One additional item noted in the memorandum and discussed with the Council was absences of meetings. One board member, who has requested to be re -appointed, was absent over 50 percent within the last three years of her term. The City Code Book is silent regarding procedures for handling constant absences. However, the Florida Statute speaks specifically to Code Boards and gives the Chairperson the authority to give' approval of absences. When a board member has three consecutive absences, without approval by the Chair, the Board is to take action that the seat is declared vacant. The City Council would then have to fill the position. Mayor Kirk noted and the Council agreed, that the Chair and Board should enforce this policy as outlined by Florida Statute 162 05(31(e). Council Member Watford moved to re -appoint regular members Andrea Nelson and Marsha Montesi and alternate member Penny Revels to the Code Enforcement Board for a three year term beginning May 1 2007 and ending April 30, 2010: seconded by Council Member L Williams. 758 APRIL 117, 2007 - REGULAR MEETING - PAGE 7 OF 8 Vlll. NEW BUSINESS CONTINUED. F. Consider Citizen Board appointments continued.. W I t KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. The next board presented for appointments was the Planning Board/Board of Adjustment and Design Review Board. The list of members whose terms expire and new applications were submitted for consideration. Council Member Watford moved to re -appoint regular members Doug McCoy and Terry Burroughs and Alternate Member Epifanio Juarez to the Planning Board/Board of Adjustment and Design Review Board for a three year term beginning May 1, 2007 and ending April 30, 2010; seconded by Council Member Markham. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Letters of appreciation will be forwarded to all members by the Clerk's Office on behalf of the Mayor and City Council. G. Consider the evaluation of the City Attorney - Mayor Kirk. Each Council Member forwarded their completed annual evaluation on Attorney Cook to Mayor Kirk, who then calculated an average score of 3.3 out of a 5.0. Council Member Watford questioned whether there was another way the annual evaluations could be conducted than an open public meeting? Clerk Gamiotea responded that the topic has been discussed. However, the only way the Mayor and Council can meet without the public is in executive session for litigation matters. The only other method would be individual meetings between the Attorney and Council Members which could be established in the future. The evaluations were forwarded to the City Clerk. They will be a matter of public record and part of his official personnel file. H. Consider the evaluation of the City Administrator - Mayor Again each Council Member forwarded their completed annual evaluations on Administrator Whitehall to Mayor Kirk, who Kirk. III calculated an average score of 4.7 out of a 5.0. Mr. Whitehall thanked the Council for their vote of confidence. The evaluations were forwarded to the City Clerk. They will be a matter of public record and part of his official personnel file. APRIL 1 � 2007 - REGULAR MEETING - PAGE 8 OF 8759 1 IX. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:42 P.M. The next regularly scheduled meeting May 1, 2007. James E. Kirk, Mayor AAfiTEST: t Lane Gamiotea, C IC, City Clerk 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 is for the sole purpose of backup for official records of the Clerk. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #13356 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 04/12/2007 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A.Hughes, Jr., (Publisher) Sworn to and subscribed before me r 1 this _ /,:-� day of A.D. 2007 i (SEAL) CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, April 17, 2007, 6.00 p.m., City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 s 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal my decision made by the City Council with respect to my manerconsidered at this meeting, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is tobebased Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 z 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lme Gamiotea, CMC, City Clerk Publish: 04/122007 Okeechobee Times ) Notary Public { „?.,; , _,sealcc, . ;,nz' t hommission #DD318483 N ..' Expires: Jun 25, 2W "4T`oF F�OR,� Bonded T121J €'antic Bonding Co_ Enc Page -1- CITY OF OKEECHOBEE - April 17, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN -MINUTES - I. --CALLT( ORDER Mayor: Kirk.-April17.2007 C' -Council ttY RegufariyteEtina 6-0o-p m- II. OPENING CEREMONiES: invocation given by Reverend Randy Huckabee First Bagtist Church - Pledae of Allegiance led by Mayor. Ill. _ MAYOR, -COUNCIL AND STAFF ATTENDANCE-- Cyr Clerk. - Mayor James E. Kirk - - - - - Council iVlember Lowry Markham - Council Member Dowling R. Watford, Jr. - Council Member Clayton Williams. _- - Council -Member Lydia -jean- _ .- City Administrator Brian Whitehall - _ City Attorney John R. Cook _ _ City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith - P01 ublic Works Director Robertson - IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk proclaimed the week of April 29 th_rough May__5, 2007as "Municipal Clerks Week -and read - - --- -- the proclamation in its entirety as follows: WHEREAS, the Office of the Municipal Clerk, a time honored and-vitalpartoflocalgovernmentex&stbmughouthe-worldrandyyHEAEA McOtfice-ofthe _ is the oldestamon ublic servants; and WHEREAS, Munrofes Clerk - gp the Office of the Municipal Clerk provides the professional - -- fink befween -the _citizens, the - local- in bodies -anal WHEREAS, govern q' bodies -and -agencies at-oher levels; and Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal-serwce-te-all; and WHEREAS,-theMunic*l e-ierk-sene&as-the-infer►nation-eenterorr#unetrens-ofleeel __ _ government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration -of -he- affairs of the -office the- Municipal- Clerk -throw through -participation in education- programs- semirrar�,-- _- workshops and the annual meetings of their state, province, county and intemational professional - organizations--and-WHEREA-$,-itismostappropnate-thatwe-recognize-Maaccomptishmentsafthefiffic� t the Municipal Clerk. B. Mayor Kirk proclaimed the week of May 20 through May 26, 2007 as "Nat►onal Public Works Week",and read the proclamation in its entirety as follows: WHEREAS, public works services provided in our community are -- an integral part of our citizens' everryday lives; and WHEREAS, the support of an understandin and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets -and highways, public buildings, solid waste collection; and WHEREAS _the health safe _ _e -_L ty, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these f cilit es,as wellaa theiiInnirng, des gt7� anloonstrUCftpn, isY' rtallydependentupoahe-effodsgadskdl of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staffpublc waiks-department ismatenaUy influenced by M& people's attitude and enderser work they perform; and WHEREAS, this year's theme "Public Works: Moving Life Forward", isbute to the - many positiva-improvements public works employees have -made -to ourcommunities. --------- - - MINUTES - City Clerk. Summary of Q Page -2- Action for the April 3, 2007 Regular Meeting, seconded by Council Member KIRK --- ----- --- -- - LLIAM- — MARKHAM WATFORD - — --- -- --- MOTION: DENIED BRIE . ---------- - V. WARRANT REGISTERS.- 'ty d inist ator. — --ACV ounce em ear move o approve a arc arran egis er m e - amounts of: General Fund, fiv undyed thirty-one thousand, seven hundred ninety dollars and sixty- _. - — —-------- - six cents ($531,790.66), Capital Improvements Projects Fund - Vehicles, four hundred thousand, seven hundred fifty-three. dollars and seventy foi jr cents ($400 753-74); COMMUnity nevel Building Grant Fund (CDBG), four t usand twenty-seven dollars and nII inety-five cents (4,027.95) _. ---s II KIRK ---- _C-_fflLLIAMS- -- MARKHAM WATFORD - --- --! WCLLIAMS MOTION: DENIE CA RIED. — VI. I AGENDA -Mayor. -Tedes- Rodeo ---Doan (Exhibit 1). - o J&_ ry 1 _- a L&I C, iz 2 { - �---tom --- ----- --- At� X-) YEA NAY -ABSTAIN ABSENT KIRK MARKHAM L. WILLIAMS -14OTtM---DE14tEDICA-RRtED-.------- Page -4- C. Council Member moved to adopt proposed Resolution No. 07-05 regarding the - - __45 by Exhibit seconded— Aft3�-- by Council Member rney Cook read the Resolution by title only as follows: "A RESOLUTION OF THE CITY OF ADMINISTERED BY THE ICMA RETIREMENT CORPORATION,• PROVIDING SOME OR ALL THE FUNDS HELD UNDER SUCH PLAN BE INVESTED IN THE VANTAGE TRUST COMPANY; PROVIDING THAT THE ACCOUNTS SUPERVISOR WILL BE THE WORDI A TOR THIS PROVIDING AN EFFECTIVE DATE.,, tc- — __ �J L. WILLIAMS 040 ------------- -- Lau h-12, vote on motion. KIRK —C, WILLIAMS MARKHAM W A-1-FORD L. WILLIAMS a R Page -6- E. Council Member moved to temporarily close Southwest 5th Avenue between --- Ceremony ee- of Osceola Street - City Clerk (Exhibit 5); seconded by Council Member UV Y'A- &e �.� )5�.n r Vots Ion motion. vQ19 KIRK MARKHAM WA I FORD-- L. WILLIAMS N: DENT Page -7- F. Court c Member oved to appoint.— LWl _to-the-Gode--EnforcemW-Bwd_ for the - term of m4y 1, 2007 to April 30, 2010 - City Clerk (Exhibit 6); seconded by Council Member aw ov w,-aA+ ipark-) cre JC Vote-fomri, rv.- wl I VOTE YEA NAY ABSTAIN ABSENT --KtRK- C. WILLIAMS WATFORD L. WILLIAMS MGT�tOl L. W . I LL IA MS elk J_� '74 —Ad the PlanninVBoard/Board of Adjustment and De gn �ceview rd Frtheele—Fri—of-M—ay­T, 20'E Rp-A�,ri -20T0---VtyC1erk-(4hIbft-6 Fs-6co`n­dbd_b­)y-- rm c Council Member )VO-X-01- NP A _J LAJjJJ AL Vote on motion. -----YEA---NAY- AJ3STA1N--AEW�,E� ________ KIRK I V41 I, n1n,_ 41) -J I 1 a f)A---' MARKHAM L. WILLIAMS MOTION: DENIED/ BRIE Page -8- G. Consider the evaluation of the City Attorney - Mayor Kirk. r - -4, XV - h�4, _ O-X Vote otion. VO YEA N KIRK CCLIAMS XILHAM S WA ORD ZIAMS MOTION: DENIED/CAR �ote_6_n_mo motion. MAR WAT L. WI IX. MAYOR KIF CITY OF OKEECHOBEE APRIL 17, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 CALL TO ORDER - Mayor: April 17, 2007 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Randy Huckabee, First Baptist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of April 29 through May 5, 2007 as "Municipal Clerks Week." B. Proclaim the week of May 20 through May 26, 2007 as "National Public Works Week." PAGE 2 OF 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 3, 2007 regular meeting and workshop. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2007 Warrant Register. General Fund $531,790.66 Capitol Projects -Vehicles $400,753.74 CDBG Fund $ 4,027.95 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. NEW BUSINESS. A. Discussion regarding the El Amigo De Todos Rodeo - Diana Heil (Exhibit 1). B. Request for approval of a cattle drive down State Road 70 to the Ag Center on July 28, 2007 - Maureen Burroughs, Okeechobee Main Street President (Exhibit 2). C. Motion to adopt proposed Resolution No. 07-05 regarding the 457 Deferred Compensation Plan - City Administrator and Trey Sizemore, ICMA (Exhibit 3). D. Motion to approve an Interlocal Agreement for School Impact Fees - City Administrator (Exhibit 4). E. Motion to temporarily close Southwest 5t'Avenue between North and South Park Streets on April 21, 2007 from 7:00 a.m. to 7:00 p.m. for the Re -naming Ceremony of Osceola Street - City Clerk (Exhibit 5). F. Consider Citizen Board Appointments - City Clerk (Exhibit 6). G. Consider the evaluation of the City Attorney - Mayor Kirk. PAGE 3 OF 3 VIII. NEW BUSINESS CONTINUED. H. Consider the evaluation of the City Administrator - Mayor Kirk, IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. EXHIBIT 1 APRIL 17, 2007 CITY 'OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring compkged form, to: City of Okeechobee City Administrator's Office 55 SE 3r`' Avenue Okeechobee, Florida 34974 NANtl:,: ADDRESS'. 0 j-Ilr )I I �h TELEPHONE: — FAX: REGULAR SPECIAL O WORKSHOP 17 DATE: FAX (863) 763-1686 PLEASE STATE THE ITEM YOU WSH Tiq IIAV ;,,PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE PLEASE STATE DESIRED ACTION BY YOU HAW, WORKED WITH THUS COU PLEASE SUMMARIZE PER INENT INFORMATION CONCERNING YOUR REQUEST AND ATTACIIAPPLIC�BLE DOCUMENTS;k k %e.4 --t-.n 19q rhio - V a I a rn n Gn ,, IF PRESS&ATI�N�-3NI-AnsnT TLEAS STATES HO MUCH TIME YOU ARE REQUESTING: �k SICCED BY: _ 1 ��1�`1 _ DATE: 200'd 9991 EK E99(XHd) aagouoa@s0 �o h4T3 25:D1 (nHl)1002-SO-add (d ai rat w OBJECTION: I am here to bring to the boards attention my objections to the rodeo held next to 706 SW 2nd Street on March 25, 2007. GOAL I would like to see this event discontinued in the city limits. This rodeo was issued a permit to take place and I would like to see that changed for the following reasons: ■ Noise level I live 7/ 10 of a mile from the event and I could hear every word that came out of the Announcers' microphone. ■ Safety The rodeo had bull -riding events and it was in close proximity to nearby homes and businesses that could have resulted in injuries or damage to property if any wild animal got loose. ■ RODEO SET-UP This event was held inside opaque fencing with no clear entrance and exit signs. I didn't see any ticket booth for admission for the public to attend this city event. EXHIBIT 2 APRIL 17, 2007 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3M Avenue Okeechobee, Florida 34974 NAME: ✓^Q �yl /JK �'/O� GtS ADDRESS: ZZZ AIC TELEPHONE: Iir" .'r/ e'ti-t D/t7 S MEETING: REGULAR SPECIAL O WORKSHOP FAX: �i6 3 --- -4 7 - Ir O DATE: :�/ E STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: -e 'C C. a es 4w 0- STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: L PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: •-rc Q-//ni^a✓f- ys S k Ae 4P -70 w-'064 PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH ICABLE DOCUMENTS: A40 f-d- dam . .! �e•//ow . r� - � is �� sec e e�r� ✓e_ �o •�. . IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: �j�%d h`i� D��� APR 17, 2007 AGENDA - EXHIBIT NO. ; RESOLUTION NO. 07-05 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION; PROVIDING SOME OR ALL OF THE FUNDS HELD UNDER SUCH PLAN BE INVESTED IN THE VANTAGE TRUST COMPANY; PROVIDING THAT THE ACCOUNTS SUPERVISOR WILL BE THE COORDINATOR FOR THIS PROGRAM, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interest of the City of Okeechobee by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Okeechobee has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Okeechobee desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that some or all of the funds held under such plan be invested in the Vantage Trust Company, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans. 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, hereby adopts the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust, referred to as Exhibit A, attached herewith. BE IT FURTHER RESOLVED that the City of Okeechobee hereby executes the Declaration of Trust of the Vantage Trust Company, attached hereto as Exhibit B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Okeechobee, if the assets of the Plan are to be invested in the Vantage Trust Company. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City of Okeechobee serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries and the assets shall not be diverted to any other purpose. BE IT FURTHER RESOLVED that the Plan will permit loans and will offer a Sidecar IRA program. BE IT FURTHER RESOLVED that the City of Okeechobee hereby agrees to serve as trustee under the Plan. Page 1 of 6 BE IT FURTHER RESOLVED that the Accounts Supervisor shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the Vantage Trust Company; shall cast, on behalf of the City of Okeechobee, any required votes under the Vantage Trust Company; Administrative duties to carry out the Plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. INTRODUCED AND ADOPTED in regular session this 1r day of April. 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 6 Plan number 306160 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment forms and records. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Trust. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established in paper or electronic format. These files shall include enrollment instructions, bencliciary designation instructions (to the extent provided to ICMA-RC) and all other written correspondence and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU"), the Internet or other electronic means. (f) Provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll -free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll -free number and access to VantageLine, ICMA- RC's interactive VRU, and 1CMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. (j) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Page 3 of 6 Plan number 306160 (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. (m) Online Advice may be made available through a third party vendor on the terms specified on ICMA-RC's website. Page 4 of 6 Exhibit B DECLARATION OF TRUST This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereb`, created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the lnretnal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by reference as set our below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81- 100, 1981-1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: (a) Incorporation of ICMA Declaration by Reference; ICMA By -Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By -Laws of the ICMA Retirement Trust, as the same may be amended From time-ro-time, are adopted as the BY -Laws of the Group Trust to the exrenr not inconsistent with ncc wi ion of this Group Trust \4=r«ment. Notwithstanding the foregoing, the terms of the ICMA Declaration and By -Laws are further modified with respect to the Group Trust created hereunder, as follows: any reporting, distribution, or other obligation of the Group Trust vis-a-vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent. that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and 2. all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. (b) Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-100 are applicable to the Group Trust as follows: 1. Pursuant to the terms of this Group Trust Agreement and Article X of the By -Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. 2. Pursuant to the By -Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. 3. In accord with the By -Laws, that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. Page 5 of 6 4. In accord with the By -Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group l`rusr, and any purported assignment of such equity or interest shall be void. (c) Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. (d) Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written. VANTAGETRUST COMPANY By: Name: Paul F. Gallagher Title: Secretary Page 6 of 6 EXHIBIT 4 APML 17, 2007 INTERLOCAL AGREEMENT (School Impact Fees) THIS AGREEMENT entered into this _ day of February, 2007, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the CITY OF OKEECHOBEE, a Florida municipal corporation, (City) and the SCHOOL DISTRICT OF OKEECHOBEE COUNTY, FLORIDA (School Board). WHEREAS, the County has adopted a School Impact Fee Ordinance to address the need for school facility capital improvements in Okeechobee County; and WHEREAS, the City, the County, and the School Board wish to enter into this inter - local agreement to provide for the collection of school impact fees within unincorporated area of the County and within the municipal boundaries of the City; as well as to provide for the proper expenditure of school impact fee funds by the School Board. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees to: a. Collect the applicahie school irnhact fee as provided in the Okeechobee County School Impact Fee Ordinance. b. Maintain all records of the school impact fees collected including the name, address, and amount paid. The City shall, on a monthly basis, provide copies of such records to the County and to the School Board, with the copies being provided by the 15th day of each month reflecting collections received the previous month. C. Remit to School Board all funds collected as school impact fees. The City may impose an administrative charge of not more than three percent (3%) of the funds collected which may be kept by City as reimbursement for the its actual cost of collection of the funds. The City shall remit the impact fee funds to the School Board, by the 15th day of the month following collection. d. Notify the County Administrator or his designee when there is a request for a development permit for a residential use that is not designated in the school impact fee ordinance fee schedule. [7000-71210.DOC] e. Notify the County Administrator or his designee and the School Board when there is an offer to donate or construct part of a school capital improvement project by a developer in the City, in lieu of paying all or part of the school impact fee. f. Provide the County and the School Board on October 1 of each year, annual financial reports and information pertaining to the collection of school impact fees by the City. 2. County agrees to: a. Collect the applicable school impact fee as provided in the Okeechobee County School Impact Fee Ordinance. b. Provide to the City, administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. C. Maintain all records of the school impact fee including the name, address, and amount paid. The County shall, on a monthly basis, provide copies of such records to the School Board, with the copies being provided by the 15th day of each month reflecting collections received the previous month. d. Remit to School Board all school impact fees funds collected. The County may impose an administrative charge of not more than three percent (3%) of the funds collected which shall be kept by County as reimbursement for the its actual cost of collection of the funds. The County shall remit the impact fee funds to the School Board, by the 15th day of the month following collection. 3. School Board agrees to: a. Expend impact fee funds for the sole purpose of providing school facility capital improvements in the School Board's Financially Feasible 5-year District Facilities Work Program that will increase school capacity- necessitated by the development that paid impact fees in a manner that will demonstrably benefit the payers of the impact fees as provided in the Okeechobee County School Impact Fee Ordinance. b. Provide to the County and the City, on August 1 of each year, annual financial reports and information showing how impact fees were used during the [7000-7121 o.Doc] 2 School Board's previous fiscal year and how impact fees are planned to be used during the School Board's current fiscal year. C. Notify the County and the City when it has received an offer by a developer to donate or construct all or part of a school capital facility improvement in lieu of payment of all or part of the school impact fee as provided in the School Impact Fee Ordinance, and whether it has accepted or rejected the offer. d. Notify the County and the City when it has received a request for a refund as provided in the School Impact Fee Ordinance. e. Comply with requirements of the Okeechobee County School Impact Fee Ordinance. f. To the extent legally permissible, the School Board shall hold the County and the City harmless should any suit or legal action be brought to contest the validity of the school impact fee ordinance or to contest the amount of any impact fee imposed or collected pursuant to the school impact fee ordinance. The School Board agrees to provide any legal defense necessary at no cost to the City or the County. Should a Court of competent jurisdiction order a refund of all or part of any school impact fee or should any refund be agreed to by the School Board, the refund shall be paid solely by the School Board. 4. The School Board shall have the final authority and responsibility as provided in the School Impact Fee Ordinance as to whether to accept an offer by a developer to donate or construct all or part of a school capital improvement in the School Board's Financially Feasible 5-year District Facilities Work Program in lieu of payment of all or part of the school impact fee. 5. The School Board shall have the final authority and responsibility for the use and expenditure of impact fee monies pursuant to the School Impact Fee Ordinance. 6. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. [7000-71210.DOC] 3 7. This Agreement shall be effective for a period of ten (10) years beginning on the date that all parties have executed this Agreement. The Agreement may be amended, terminated or extended upon mutual written agreement of all parties. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: OKEECHOBEE COUNTY, FLORIDA Clerk Chairman SHARON ROBERTSO , CLERK ATTEST: Clerk DATE: 3! /Qou-i APPROVED AS TO FORM AND CORRECTNESS: B: "CountyAttomq,'�� CITY OF OKEECHOBEE, FLORIDA Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: IN City Attorney [7000-71210.DOC] 4 ATTEST: Superintendent SCHOOL BOARD OF OKEECHOBEE COUNTY, FLORIDA DATE: APPROVED AS TO FORM AND CORRECTNESS: School Board Attorney [7000-71210.DocI 5 APR 17, 2007 AGFNVA - EXHIV/T NO. City of Okeechobee 55 southeastYd Avenue *Okeechobee, Florida 34974 #863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant 14UV F ay C 14 06e Today's Date Address \1 Rpt Phone(s) Name of Property Owner Address Phone(s) Street to be ClosedPoc�ion Aw .djun iA1 Dates to be Closed N*J)'�-� �(}` Time(s) to be Closed 11, oo M Purpose of Closing Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) uib'Clean-up is required within 24 hours. NwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. OwNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. 01"The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. OwDumpsters and part -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT iy //-07 Donnie Robertson, Public Works Director T Authorized Signature Date Typed Name & Title . POLICE DEPARTMENT Denny Davis, Chief of Police Authorized Signature Date Typed Name & Title FIRE DEPARTMENT _41 ` Herb Gm; th , Fire Chief Aut . orized Signature Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION t-1'7Brian Whitehall, city ,Administrator ignatu a Date i yped Name & Title CLERK'S OFFICE Lane Gamiotea City Clerk Authorized ignature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 @oN o�n mo�amo �me a�u� oommn NW 2ND v©UMME 000ICOMI ..1 "1-• I - 'I I UMNIRMWA MM0©8M INNIMI b :r 5y t 3 # Z E, QSOu�,� West- Pcarik S`t�t' 615141312 1 6 5 [413]21 j6 5 4 321 6 5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 1 8 111 a� 17181,9111 11I']t01t12, 7 8 91G111�U) 7 8 91 1112� 7 8 9 1�1 Ch 9 12 SW 2ND S 70') R4C 2ND ST 0 10MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk , SUBJECT: Citizen Boards Vacancy and Appointments/Code Enforcement DATE: April 12, 2007 The following Code Enforcement Board Members terms expire April 30, 2007: Andrea Nelson (served since 1992/City resident/Absences: 1G ) Marsha Montesi (served since 1989/County resident/Absences: 10) Penny Revels (served since 2005/County resident/Absences: 6) Listed below, are the applications we have on file from citizens requesting to serve on this board. A motion would be in order to either reappoint the above members or use the applicants to fill the positions. All members have indicated their desire to be reappointed. Terms would be May 1, 2007 to April 30, 2010. Donald D. Sayman (City resident) Daniel W. Simmons (County resident) Sharon V. Buck (County resident) Lois Gray (County resident/City business) Joseph Richard Hidy, Sr. (County resident) Please note that these board members can be either City or County residents. The board currently has four City residents and five County residents. An issue recently raised was regarding absenteeism. Prior to the LDR's the city code required that the citizen board chairperson advise the Mayor and Council when a board member was absent without consent for three consecutive meetings. Being absent without consent basically meant that the person did not advise the board secretary they were not going to attend the meeting. Chief Smith was recently re -reading the Florida Statutes governing code enforcement, 162.05(3)(e) reads that an appointment to fill any vacancy on an enforcement boards shall be or the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the members office vacant and the local governing body shall promptly fill such vacancy. The Board Members and Staff have indicated they would like to begin enforcing this statute. Should you have any questions or require additional information, please do not hesitate to contact me or Chief Smith. Thank you. NOTE. ATTACHED ARE THE ONLY 2 NEW APPLICATIONS RECEIVED. THE REST HAVE BEEN ON FILE AND YOU HAVE RECEIVED COPIES OF THEM /N THE PAST. IF YOU NEED ANOTHER COPY PLEASE CALL ME OR MEL/SA. THANK YOU® TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk" 7 � SUBJECT: Citizen Boards Vacancy and Appointments/Planning Board, Board of Adjustment, Design Review Board DATE: April 12, 2007 The following Planning Board, Board of Adjustment and Design Review Board Members terms expire April 30, 2007: Doug McCoy (served since 1999/County resident/Absences: 4 w/consent 4 Wout) Terry Burroughs (served since 2005/County resident -City business/Absences: 2 w/consent) Epifanio Juarez (served since 2005/County resident/Absences: 1 w/consent 2 w/out) Listed below, are the applications we have on file from citizens requesting to serve on this board. A motion would be in order to either reappoint any, all or non of the above members or use any of the applicants to fill the positions. All members have indicated their desire to be reappointed. Terms would be May 1, 2007 to April 30, 2010. Chris Close (City resident & business) Donald D. Sayman (City resident) Daniel W. Simmons (County resident) Richard Coffman (County resident) Gary Priest (County resident) Aaron Kinty (County resident) Anita Nunez (County resident -City business) Please note that these board members can be either City or County residents. The board currently has one City resident and eight County residents. Should you have any questions or require additional information, please do not hesitate to contact me or the Board Secretary, Betty Clement. Thank you. e 55 Southeast 3 Avenue Okeechobee * Florida * 34974 M ( APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST RF COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST TO YO(A COPY OF EACH BOARDS DUTIES, MEETING DATES 8& TIMES ARE ATTACHED): Planning Board - BoardTo- LAde ❑ Okeechobee Utility ❑ General Employees U Other: of Adjustment & Appeals -rcement Authority Board of & OUA Pension Fund Design Review Board rd Directors Trustee's APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: MAILING ADDRESS: HOME TELEPHONE: CELUOTHER TEL CURRENT EMPLOYER & OCCUPATION: BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH: ARE YOU A US CITIZEN? FLORIDA REGISTERED VOTER? EDUCATION: POST SECONDARY EDUCATION MILITARY SERVICE: 960 SE 23rd St Okeechobee, FL 34974 7. 5 Years. Is this in the City Limits?J]Yes LINo PO Box 2558 Okeechobee, FL 34973 (863) 357-2218 (863) 634-5348 caner 301 NW 4th Ave., Okeechobee,FL 34972 (863) 467-0831 (863) 763-6337 Ma 16 1966 JOYes L]No, explain: KIYes County Registered in: Okeechobee UNo High School Name & LocationOkeechobee High, Okeechobee Year Graduated: 1985 NAME & LOCATION: DATES ATTENDED: CERTIFICATE/DEGREE REC'D: IRCC Okeechobee 1985-1987 University of AA Degree West FL 1988-1989 BS Degree DATES: BRANCH: DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS:Q )UGeneral Contractor ❑Business Person (✓ALL THAT APPLY) GEngineer Sub -Contractor OArchi OAttome ❑Realtor OLon Pe s]Doctor OSurveyor y ❑Urban Planner L]Landscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? WES ONO. IF YES, LIST: AGENCY BOARD NAME POSITION DATES Okeechobee oar Memeber =6 to 2007 Economic Development Council STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL H ISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. I have over 19 Years of experience in the Construction Industry. I am experienced in the various aspects of construction, (residental, commercial,industrial, institutional,and envrionmental) HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGIMATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES UNO. IF YES, LIST: Building Construction, B. S. 1989 ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES LINO. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) DYES WNO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? No r • HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES YNO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: ' ---v•w'ryt7 UvrUHMATION IS USED WITNAI IT oan w er. DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL�AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE SEX NATIONAL ORIGIN, S STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: ETHNIC GROUP: ✓ALL THAT APPLY: HANDICAPPED STATUS: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE, OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3) (k)1 ? AYES XINO. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. Owledge Of City Procedures and Practi STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. 1 hereby acknowledge -that tIII have read and understand each of the above statements. Signature of Applicant: w' Date: 13 a 7 OCity residence is only a requirement for the OUA and Pension Boards. ®The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." (30ther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.I. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONL Y.- BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: 55 Southeast 3r Avenue * Okeechobee * Florida * 34974 * (863) 763-3372 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST TO YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED): ,( Planning Board - Board XCode ❑ Okeechobee Utility ❑ General Employees ❑ Other: of Adjustment & Appeals -- Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: Jv A L SA ! A, - NAME COMMONLY USED: D O N S �, RESIDENCE ADDRESS: HOW LONG AT ADDRESS: ! Years. Is this in the City Limits? es ONO m MAILING ADDRESS: HOME TELEPHONE: _ CELUOTHER TELEPHONE: 23 7 CURRENT EMPLOYER & OCCUPATION: CTt BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH: ARE YOU A US CITIZEN? Ves ❑No, explain: FLORIDA REGISTERED VOTER? AYes County Registered in: _ C) r ONO EDUCATION: n High School Name & Location: / , , / / �� R. W %q PQ R Year Graduated: h l�(S t N POST SECONDARY EDUCATION: NAME & LOCATION: DATES ATTENDED: CERTIFICATE/DEGREE REC'D: 041,R0 'iA/,,y /AJ �A t R APA R coLs �-�?lROwl MILITARY SERVICE: DAATEE& BRANCH: DATE DISCHARGED: M Ay 5 7 u h er R 1766 hA" 1 6C ARE YOU CURRENTLY EMPLOYED AS:' L]General Contractor ❑Business Person ❑Architect (.-ALL THAT APPLY) ❑Engineer ❑Sub -Contractor JRealtor DAttomey ❑Doctor USurveyor ❑Lay Person L]Urban Planner ❑Landscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES MO Nt HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? ❑YES XNO. IF YES, LIST. AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. � 11= HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIONATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? ❑YES**. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? ❑YES//�VO. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES�NO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? N o N L, HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES ,VO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS T HAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: I ETHNIC GROUP: ./ALL THAT APPLY: HANDICAPPED STATUS: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE" OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? ❑YES O. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. -L- A U, ON 12 TYR Y ^1Z) iLz7z f 7h � C 17y �.0 I evt-"o / S NC1712 60 STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I ave read ana understand each of the above statements. Signature of Applicant• Date:— � OO City residence is only a requirement for the OUA and Pension Boards. ®The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families (see §119.07(3)(k)1, F.S.j. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 31113 AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONL y: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: City of Okeechobee 55 SE 3Td Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehal&.cityofokeechobee.com *****Memorandum * * * * * Date: For April 17, 2007 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • PUD reps - The PUD discussion will continue at the 4/19 Planning Board meeting. (`PUD Zoning -in progress' Resolution passed at the 216 meeting) Again, the comparison with the County PUD was briefly made at the last Council meeting. Found that the County PUD had been applied to one years ago, but most recent application apparently, could possibly be `Freshwater' near Palm Village. (The last info that I have on that development is Mar -May 2006 with a starting date of Oct 06.) My point was that, speaking for the TRC, the more concise the PUD's the better. • Royal Concrete proiect — Met with Royal at site on 3127 (as did all Council members less Mayor). Have been advised that the 4126-27107 Administrative Hearing has been postponed indefinitely, I'm sure until PUD regs have been proposed. • Commerce Park, NE 12th Street project -Since 'inking' the Notice to Proceed w/ Telehar, there has. been significant progress at the Park. I hope you have had a chance to inspect! The sales of fill at the last meeting, created an ideal situation for both the City and the new tenants. As reported, we had Telehar clean the first lot on the south side as you enter the park, and our Public Works Dept has done a great job w/ wetland cleaning. We desperately need to burn the debris piles, and are anxiously waiting for an opportunity. In the mean time LBFH is preparing a change order to submit to the DCA for the south Lake area. • Commerce Park ERCs and Olde Tyme - I am attaching a letter I sent to Robert Meyer about this matter. • Employee 457 implementation - A Resolution is on the Agenda to formalize the ability to offer the plan to our employees. Again, there is NO cost to the Employer and Trey Sizemore, ICMA, will appear to briefly describe and answer any questions. India sent me a Memo and I am attaching it hereto. If you have inquires prior to the meeting please don't hesitate to call me. • Evaluations for Administrator and Attu - are enclosed herewith. It's always important to give constructive thoughts and I look forward to your input. • Legislative proposal on property tax relief - The Governor's proposal to double the homestead exemption form $25k to $50k would result in a loss of Page 1 $20, 300, 000 in taxable value. Using last year's millage rate of 7.1899 would result in a revenue loss of $146, 000. Currently there is $62, 659, 477 in assessed residential value applicable to the Homestead exemption. Another House Bill could inevitably call for a reduction of the City's millage rate from 7.1899 to 4.7326...a 34% reduction of about $748,270!! ***Another proposal, a Constitutional amendment, calls for the implementation of increased sales tax by up to $.025 (2.5 cents) but there has been little discussion as to how the sales tax would be distributed, if approved by the voters.. • Main Street/City acquisition of CSX railroad building. Sent a letter to CSX expressing interest and inquiring as to the next step • School Concurrence — Met with Kimley-Horn and school rep on 3122106 to hear update from Kimley on progress toward the School concurrency compliant Comp Plan Amendments. Expect to take Council action on the Public School Element to our Comp Plan prior to 6/1/07 • Impact Fees - The Interlocal Agreement for administration of the School Impact fee is on the Agenda. The BOCC 4112/07 meeting should consider the Ordinance providing for the impact fees. Again, was told that as soon as County hearing is concluded Keller plans to address the City's. • Use Commerce Park property for City garage use — Councilman Markham and I have discussed on a couple of occasion the possibility of using some of the Commerce Park property for City use. Conceptually it is in a more suitable area than the Residential area we are now using. I have purposely not done repairs, for example, to the hurricane damaged garage because of the potential move. And instead of a permanent shed for the Police used a more portable one. More discussion to follow/Your thoughts? • Main Street Initiative of expanding CRA- Met with Main St group about extending CRA along SR70 East to City Limits. About a year ago we met and discussed CRA expansion and Tax Increment Financing. • Osceola `Street' Ceremony- April 21s' at Park #4. Thanks to Council Member L J Wifliams for making this happen. • Donation of Gazebo/park benches — Met with Treasure Coast Hospice Liaison Darlene Webb on 2126107, after getting a quote of $8745 for 11 tables and 2 8' benches delivered w/ the City installing. They are considering. • Website — Committee met 2/14, taking pictures and developing the site. Kim has made a mock web site with all Depts as links. She is waiting on additional Dept info. • The City Hall SE Storage Building — Continued much progress. Note: we have budgeted about $40k for the project, est at $60k. However our `fund balance' from prior year (when we budgeted $40k) should be able to handle the construction, with the annual budget adjustment process. • Mandating underground electrical concept (see Ft Pierce Ord) • Lawn watering restriction — Issued 3122 even numbered residents wtr from 4am- 8am, Thurs & Sun, odd numbered from 4am-8am on Wed & Sat. We've been told that we may move from a Phase 2 to a Phase 3 water restrictive status and on 4/10/07 our guys met with SFWMD and were told that another SFWMD mtg was scheduled for Thurs., 4/12/07. Therefore, Friday we will have better direction. • Burn ban — County wide burn ban in place Page 2 Other Issues by Dept: City Attorney and legal issues of concern: • Code Enforcement - Now that we have placed the magistrate issue aside (I know, I know, I just can't leave it alone, can I?) perhaps we could consider following through with the Code -provided -for Citation Procedure (Sec 18-71 et.al.) I am attaching that section of the Code. I will have Atty Cook develop the appropriate Resolutions as described therein to designate the specific violations along with specific penalties (as is being investigated by Chief Smith). • Billboard/sign Ord — Passed a resolution placing a moratorium on billboards until an Ordinance can be prepared. Incidentally, l received a Notice of Appeal from Centennial Builders for a second billboard application (1301 N Parrot Av) which was clearly submitted after the Council set a moratorium. Atty Cook indicated that Centennial cannot repeal an issue that there had never been action on ... more to follow. • Semi Parking Code Modification — Dennis Wilson, 1102 NW 7 h Ct. has picked up application for zoning change vs the Special Exception route to allow semi pkg. • Cable TV — Finally reed a draft franchise agreement (basically from fall 2004 negotiations) from Comcast and Atty and I will be reviewing same. • Mural approval process — as discussed briefly during Main St mention of their latest mural project, the City Code needs amended to move the mural approval process from the City Council to the Design Review Board. • George Dupont appeared at the 1/3/05 - requesting license for mobile vending `cart'. Lane is waiting on some clarification from Atty Cook. • Litigation — plaintiff Dale Proudfoot - involved in a 10114106 accident, as a passenger, at an unmarked T-intersection at NW 11 to Av and r Court where he received injury. The matter has been passed on to PRM. • Litigation - Jerome Smith / Plaintiff, Jonathan Robinson — have heard little about except we've been advised that PRM will not be representing the City as it is an uncovered item. Atty Seidule, Plaintiffs Atty, Stuart, has made public records request. Atty Cook indicated that he has spoken to Atty Seidule. City Clerk: • Activity report is attached. Engineering: • DOT bypass discussion - Met at Haynes Williams office on 4/4/07 to review conceptuals w/ DOT officials. The dollars are staggering incl $3.5 million study and an est $250 million project cost. One important side note I took away from the meeting (from DOT) was that they have $700,000 funding approval to investigate/study the 441 and 70 intersection traffic. (I immediately tho't of our N 9th Street traffic signalization project.) Note: Oscar met with Co Asst Admin Threewits (week of 2126107) to briefly discuss traffic congestion and was told that the County has some funds to apply toward the study. The County has requested DOT participation. • Discuss new building elevation requirements —. Discussed at 2/20/07 meeting - The Code (LDR Ch 78, Sec 78-1 (a)) states: 2) Developments shall be designed to Page 3 provide adequate access to lots and sites, avoid adverse effects or noise, order traffic, drainage and utilities on surrounding properties, and avoid unnecessary impervious surface cover. Last week discussed this w/ the Mayor and have continued to talk w/ Mr Lege a cpl of times about his situationat 101 SW 7th Av. SFWMD/County Storm Water Master Plan development — CAS has been working on development of this and Oscar, Donnie and I met with their reps along with Bill Mathers, our rep. They are setting up a meeting between County reps and us to discuss conceptuals. This has been delayed momentarily w/the County. _OVA request for increased wellhead protection — Rec'd a letter from OUA requesting that City Code Sec 82-61 (b) (the NO development activity exclusion section) be increased to 1000 feet from 300' as a result of Entegra considering the installation of a well that will have a 'cone of influence' on OUA's existing wells. Have forwarded the request to Engineering for review, as the matter may not be that simple, may have an adverse effect on other buildable lots at the Park, may immediately put the Entegra bldg as incompliant, etc. etc. The general consensus is that SFWMD or the EPA will review well applications and determine if there is adverse influence to the City's water supply system. Finance: • Financial Statements f/y/e 2006 (Audit Report) — expect to be presented at the May 1st meeting mtg. Sorry to keep changing this... but have had issues w/ our auditor's scheduling. • Budget adjustments — as long as we are in finance discussion, expect this matter to be presented at the May 1st meeting also. Fire: Code issues — Brantley — Apparently there was an issue w/ Brantley not getting served for the 4/4/07 court date and it is again `rumored' that they have the property sold. Am seeking further clarification on the matter. Union — Met in March w/ Union reps and received some of their requests. General Services: • Billboard dispute — Centennial Builders has now filed in Circuit Court for damages associated with not being allowed to construct the billboard on SR 70 west. As you might recall, in Feb the BOA affirmed Independent Inspector's November revocation of the July 2006 building permit. Centennial is seeking damages of $15,000. • Blue Heron development — This project will NOT be on the 4/19 Planning Board Agenda, as they do not have the requested info submitted. Note: Southeast Contractors, Sebring, appeared at the 3/15 Planning Board meeting and as expected a large crowd appeared. As you know, they plan to locate a condominium complex at the marina site and `villas' to the north/east, in the middle of the subdivision. LaRue's denial report lead the way to an eventual table of any action pending additional information on traffic concurrency and surface water/drainage concerns. • Fee schedule for building permits et al —1've asked Betty to investigate fees again, having found that the County fee structure differs from the City. We now have complete list of County fee structures. My suggestion is to review those Page 4 fees wl Independent Inspectors and City Clerk has offered to conduct a `time study' as to actual costs associated wl fee generation and arrive at fee schedule to implement at leat by beginning of fiscal year. Police: • Rodeo at El Amigo de todos - I mentioned to you that the City had a cpl of complaints about the 3/25/07 event and those issues taken to the owner(s) in anticipation of them applying again. We now have Diana Heil, 604 SW 11th Av, as an Agenda appearance. I sent a 3/27/07 email to Gen Services as follows: Additional applications from the applicant for another rodeo as a result of event over the weekend will not be permitted: 1. What was the decibel (sound volume) reading? Have received complaints about the loud music. 2. Was there off duty officers on site? 3. There was a mechanical bull ... and no mention of same in the Application 4. Garbage cleanup after the event was non-existent. Garbage is now scattered throughout the neighborhood 5. Arena unsatisfactorily installed 6. Bleachers unsatisfactory 7. Alcohol throughout area, outside of their 'premises'. This is a Police issue. Is the event even on the property of El Amigo's? They must produce evidence of such. Bike Night at Beef O'Brady's - Have advised Chief to have B-O-Bs perfect Special Use Permitting and investigate alcohol consumption `rules'. New 800 MHz system radio - The County finally chose a vendor to assist in design and grant funding. Had an info meeting on 1123107 attended by Police Dept reps. This is going to be a huge expenditure (hopefully funded by grants) that should start to take form over the next several months. • Activity Report 03/14/07 - 04/10/07 Calls for Service: 577 Complaints Arrest 43 Citations 161 Written Warnings 86 Accidents 53 Contact with Business 30 Some of the major Complaints our Detectives are working include a serious stabbing that occurred at Azteca. The victim is still in the hospital, but it appears he will recover. Several cars were burglarized at Choice Automotive. A construction site burglary where approx. 17,000.00 worth of equipment was stolen. The theft of five a/c units from Newman A/C. The unite were left outside in the rear of the business. A Grand theft of services from Dr. Tenniswoods office. A aggravated battery/robbery of a hispanic male in the Deans Court Area. Numerous Child and Elderly Abuse Cases and numerous theft cases. Public Works: • Asphalt program - I may have briefly discussed the fact that I would like to see funds applied this next budget year to the ditch areas, such as 100 blk Page 5 of SW 6th Av and to various blvd areas, where vehicles simply ignore the grassy blvd area, driving across same. • Commerce Park — The Public Works Dept deserves credit for their efforts in the Park wetland area. Finally, after the 4/10 rains we are able to burn some of our brush piles with a fire truck on hand and the permission of the Forestry Dept. • Baffle Box SE 4th St at the boat launch ... will proceed as soon as box arrives DEP deadline is 6130107. • Commuter train route along SR710 - Councilman Watford forwarded the below article which reflected that County reps have asked the DOT to study the effect of improved commuter traffic vs traffic congestion on 710. The article stated that some 12,000 passengers shuttle between Miami and WPB. The idea of the CSX line usage has been studied before as part of the Scripps project. ¢ 88 - THE PALM BEACH POST THURSDAY, APRIL 5, 2007 M Future,commuter connection? Two commissioners, one from Martin County and one from Palm Beach County, want to create commuter service on existing railroad tracks between West Palm Beach, Okeechobee and Fort Pierce. They hope to provide transportation for several biotech complexes planned in Palm Beach County and Indiantown, but the idea faces several hurdles. ttlKtnivr%n rULMU/arnn AIUwL Page 6 Form based Code — Councilman Watford heard a power point • presentation wherein the philosophy of a form based code _ was presented. Essentially, it is a concept of graphic or illustrative type -!rFla�lrw.ws.s'va da....rt IY�•.aw.w.rr of www� L hoplx�dg5\fiti+!lw7haea L 7paawmibaeC�.er�orrs4 presentation amabiarv�•aiba� L xl!lPasosl Tta�aom ffi1 within the Code.— �'+� �~ _ ��b�-^���� .oa..xieafx�m+�eu.atvo a�►a� The approach �t10QA"'�"�du. might be most rrlma4R -"' - meu..sgca gp!lq�lvscA useful in the aan<hs Ymcma�c o...a.�w�. 1 yrrdc.mrGzm.earw building dept as'a�`"�`�" ysmiac.. e�...r:�sanm.w L a«r �. e.ytcat.lsrrlrloi.� ��.Y�a aaeta+r�a�. 2e.t�e.�liui sa u! voad.lerle� an easier to ,.m,�alaac i aea.�.m��rias:r.xura ma 9otj�ta9l�D�rblf�l Qala f/at•Ya�+vnY�!lIaDYQtl� understand 2. procedure. The City of Stuart, Development Director, Kev Freeman, presented the demonstration which could theoretically reduce text content by as much as 75% in some instances, while at the same time conveying a "sence of place" to the urban areas of the community. Page 7 MEMO Date: April2007 To: Brian Whitehall, City Administrator From: India Riedel, Finance Department Re: Implementation of a 457 Deferred Compensation Plan After review of the ICMA-RC 457 plan, administrative services offered, as well and conducting a Q&A session with Rep. Trey Sizemore, the following are highlights of the plan which I believe will benefit the employees of the city. The cost to the city is negligible in my time to initially set up payroll deductions for participating employees and providing literature and information to new employees at time of hire. (There is no contribution amount designated, required, or anticipated from the city.) Benefit to Existing Employees: Investment of pretax dollars by the employee is a great savings to them while enabling them to plan and build for retirement security. No minimum number of employees required to participate. Employees can roll their existing 401 K into the 457 plan. Employee contributions are based on employee request (no minimum). Flexibility in contributions based on change in circumstances. Payroll Deductions is required. ICMA will hold group employee meetings at our convenience. (Non -mandatory) ICMA will set up individual appointments if requested by employee (Non -mandatory). ICMA is able to take request for changes in plans via phone or internet access from employees. Benefits for New Hires: The Portability Act enables new employees to bring their existing pension plan dollars from a previous employer without penalties. This may assist in attracting employees that were otherwise on the fence to work with the city as it could not roll retirement accounts into our present pension funds. Upon Employee leaving: May leave funds in 457 but will not be able to contribute any more. Withdraw funds and pay taxes on invested monies. Roll funds to a 401 K, IRA, etc. without penalty or tax Payroll deduction is required with an up link to ICMA to alleviate $20.00 administration fee. (We do that now). City can cancel the plan and employees can withdraw funds (and pay taxes, no penalties) or leave funds in the 457. Finance Dept Activity Report —April 2007 April 18th, 2007 To: Brian Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, April Occupational/Business License: Status on delinquent renewal taxes: 40 businesses still have not paid. 2 of the 40 are out of town contractors. 8 were first time landscape/mowing mobile contractors. 2 have called and provided letters that they re no longer in business. The remaining 28 (some have more than one license and are not counted in the total)seem to be ongoing business enterprises operating within our city limits without a renewal tax receipt. As indicated in the letter if they had not paid their renewal by March 31 st and additional penalty of $250.00 would be charged. We also indicated in the letter that a code violation would be issued. I thought we would wait until the 15th, before we started sending Fred to hand deliver the same letter with a the next step by code enforcement, which I believe was a date to come before the board. Just reiterate this is not the first letter or notification for renewal. A renewal notice was sent out in August advising how much was due and when (Oct 1 st). In January, anyone not paying was sent another notice and to pay by a certain date or $50.00 penalty would be added (received a good bit of response). And then the final letter was sent out 3/14 advising of delinquency and to pay or additional penalty & code penalties may apply. Business Tax (formerly Occupational License) fees within our city have not been reviewed nor updated since July 1995. Continuing to gather and promulgate information from other entities on their fees. Upon completion will forward and make recommendations based on the findings. Website: The PD spoke with Kim yesterday asking what she needed for the website. So it looks like it is moving again. Communitv Involvement and Promotion: Osceola Day, the application of the park was submitted and is being reviewed by all departments. We expect it will be approved without problems. Kim is reviewing past years cost for Christmas decorations, Tree Lighting, etc. She will be providing me with a budget for this year showing projected cost and revenues including estimated donations. Audit for 2006• Audit/Financials are being printed by the Auditor. I will be mailing a completed copy to DCA before April 30'', which is the deadline for them. The others can be presented to council ahead of time for their review prior to the May 1" meeting. Debbie Bradley will be presenting the Audit that evening and then we will forward to all other prospective parties (Auditor General, FLDF, PRM, as well as the AFR report. Finance/Pavroll: Overall Revenue receipts are up 5% from last year. The only major area of reduction is the Building Permits and Fees (63%), which has decreased. This however has a direct correlation with the expenses for Independent Contractors so the concern is not the revenue reduction, but that new construction has slowed down within the city limits. It should be noted however; the permits and fees associated with the Entegra were in last year's revenues as well). All reports, W-3, copies of W-2, 1099 all were sent off prior to deadlines as needed. Quarterly reports as well for the 941 and the UC report. Attached is also the Storage Facility updated spreadsheet of cost. Procurement: It will be an ongoing project for a while. Budget: Department heads and I have reviewed their budgets at the 6 month mark. We are shifting some of their funds from one line item to another based on need. Most of the change in the budgets are personnel related from me based on increasing salaries, FICA, etc. as the numbers were not included as the unions had not signed off on the proposed 5% increase during the TRIM process of advertising the budget. We do have the $4400.00 confiscated property shed cost that we were not prepared for, as well as the increased cost of the renovated/add on of the storage facility east of city hall. Just to reiterate, other cities as well as counties amend their budget throughout the year based on grants received, union contracts, decrease/increase in expected cost/revenues. One of the biggest advantages is when we start the new process of budgeting for the next fiscal year. Personnel: I've gathered 3 years prior leave information on departments, trying to develop a spreadsheet on cost associated with this. Proposed 457 Plan Ordinance and contracts have been sent to the clerk's office for typing and presentation on the April 17t' meeting of the council. The Deferred compensation 457 Plan, is a win win situation for staff and the city. They are a not for profit company who only service public entities and their employees. I have attached the memo sent recently on a few of the high points of the plan and its merits. Insurance coverages PRM is receiving RFQ to service our Property & Casualty coverages. The is a committee set up for the review of the RFQ's and a recommendation will be presented at the annual conference and Donna will be attending same. FDLE Grant Items listed in the grant have been ordered. We are keeping tabs on time frame hoping to receive and submit payment within the month. Depreciation Expense/Capitol Projects (Repeat) I had provided you a spreadsheet listing the amounts since GASB 34 showing the total depreciating amounts for 2004 and 2005. As you and I have discussed several entities have made a resolution to fund this expense at a predetermined percentage each budget year and it is used specifically for capitol projects. We can always write in a clause if funds are available, etc. can be used in emergency based on council declaring same, etc. LL , ti� m Cityof Okeechobee _ O jb�S�O\�O 1915 Brion Whitehall Office of the City Administrator April 10, 2007 Robert Meyer P.O. Box 2782 Stuart, FL 34995 RE: ERC's Dear Robert: After giving your idea of exchanging lake fill for ERC consideration some thought, I wanted to reduce my response to writing. Recently, as you requested, I contacted the City Council Members to seek further clarification and prompt them to extend, at no cost, the five (5) ERC's associated with the Olde Tyme new construction at 1252 NE 121h St. As I explained to you, it was with some chagrin that the Council concurred to extend the ERC's. I used a loose interpretation of the original 2004 motion to request the ERC's at no cost, due to the fact that Entegra had paid for their ERC's. While your 'recollection' has become clearer as to what the 'arrangement' is/was, mine has become more and more vague. I only wish that a written Agreement had been prepared. You cite various meetings and discussions to conclude, according to my understanding, that all the ERC's designated for the Park belong to your firm; and I have attempted, on numerous occasions, to confirm your assertions. I've used your accounting of what transpired to perpetuate same, including the 11/20/05 letter, which used the best information I had at the time. That letter obviously had erroneous information as evidenced by requiring Adron Fence and Homes Cabinet to reimburse the City. What confounds the process is that I keep coming up with contradictory information. We both agree, or at least originally agreed, that there was some ambiguity associated with what obligation the City had; and my experience with the matter only serves to perpetuate that ambiguity. 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 April 10, 2007 Page 2 In April 2004, the City Council minutes reflect that there was a motion made to approve the Developer's Agreement w/ QUA. As clarification, the minutes state: 'The City is providing the water and wastewater capacity reservation for two years for the first tenant of the Commerce Park. This ensures the first tenant will have adequate water and sewer capacity. All tenants from here on will work out their own connections with OUA.' The minutes go on to state, as part of the discussion, that the Council is, concerned about capacity and the Economic Council Director suggested that...'the City ...hold capacity reserves for at least one tenant, just in case, to keep holding up potential development in the park'. On May 11, 2004, the Developer's Agreement was executed. Besides the fact that the QUA Agreement is now expired and the fact that we have no Agreement with your firm, the original Developer's Agreement clearly states that the ...'Connection Charges and Capital Connection Fees are to be paid by the lot owner before water service can be installed'. I asked QUA Director Hayford for some clarification on the term 'Capital Connection Fee' and he said that that was the ERC fee. In good faith, I've continued to investigate to determine if there was an arrangement that may have intervened, but instances of requiring Adron Fence and Holmes Cabinet to pay their fair share met with no objection from you. You recently indicated that while that was a deviation from your understanding, you were letting it go. I've investigated and found that Entegra was required to pay for, what 1 can determine, some 11 (eleven) ERC's at a cost of $17,600, paid directly to QUA, which should have immediately drawn much concern, from an accounting and obligatory perspective from all parties involved; but again, apparently not an issue. Except that recently you indicated that Entegra expected to get reimbursed. You recently cited and I recall our conversation w/ Mayor Kirk, wherein the Mayor reiterated that the City would consider allocating ERC's as development continues... this after you suggested that the ERC's should be designated to you. During our discussion, I have fended off, more than once, the concept of all the ERC's being owned by you or your firm, and have reiterated that the City owns the capacity. I discovered later that we may not have 'owned' the capacity by virtue of not paying for same, and, furthermore, now by an expired contract with QUA. These are some of the issues that play into the decision making of not being able to negotiate an agreement for fill dirt as compensation for ERC's. April 10, 2007 Page 3 As Mike mentioned something about the possibility of litigation, and in order to keep an accurate record of our correspondence, would it be possible to reduce your response or concerns to writing in the future? Thanks for your efforts! Sincerely, Brian hi hall Admi istrator m MEMORANDL TO: Administrator Whitehall FROM: City Clerk Gamiotea IN SUBJECT: Activity/Status Report DATE: April 11, 2007 El%tions - We received the invoice for the 2006 elections the total was $3,086.09. Population - we received the latest population information, it was forwarded, as every year to the Tax Collectors Office for Revenue Sharing information, This is the first time they have given us a big change. Number comparison: 2004 2005 2006 05-06 Difference City 5,458 5,443 5,673 +230 County 30.598 32,322 32.993 +671 Total 31,056 37,765 38,666 +901 Raulerson Litigation File - file is now complete; we have all the depositions. Citizen Board Handbooks - during some of our `network' times with other clerks I received a copy of the City of Leesburg booklet that their City Clerk publishes for citizen and appointed boards. Attorney Cook has reviewed it and we are in the process of making one for our appointed board members to help them have a better understanding of what their duties are, powers and authority are, the purpose for their appointment, sunshine laws, rules of conduct, conflicts of interest, etc. We plan to present them to the board members at their May meetings. Web site - we have been working on how we want to address the page for our office and have met with Kim to get some idea's on which direction or basic outline that she is using. Records Retention - Sharon and I attended a workshop in Deltona on records management and received new updates on the latest exempt records. There were several that we had no idea about. I will be sending a list out to all the departments so that everyone will know what they are. Pending Items for John Cook - 1 -At the Nov. 3, 2003 Council Meeting, proposed Ord. 947 regarding Vested Rights was to be read and set for public hearing, however John asked that it be pulled so that he could amend some of the language in it. We have never re -submitted the ordinance to the Council again, the ordinance number was re -issued but we have it still have the one originally presented in -tact and ready for him to revise and re -submit. 2 - An ordinance needs to be written and presented to the CC for first reading to amend Chapter 90, regarding central business zoning district regulations, it was recommended to be amended as presented by the attorney at the April 27, 2004 LPA Meeting. 3 - An Ordinance needs to be written and presented to the CC for first reading to amend Section 90, Article 2 Non -Conforming structures, it was recommended to be amended as presented by the attorney at the July 27, 2004 LPA meeting. 4 - An Ordinance needs to be written and presented to the CC for first reading to amend Section 90- 511(e) regarding parking and load space requirements for places of public assembly, it was recommended to be amended as presented by the attorney at the July 27, 2004 LPA meeting. 5 - Additional amendments are needed for the mural guidelines, these need to be typed out and re- presented to the PB for a recommendation to the City Council, this has been discussed at the Nov. 15, 2005 meeting and lastly at the June 27, 2006 meeting, the last notes John made were that we needed to amend Ord. 917, section 90-567 for a permit process for murals and section 90-568, Sect I, add (6) design review board approval to building department to issue the mural permit after the mural was reviewed by them. Currently the City Council has approve the murals. 6 - Glades Gas/Monica Clark has explained that she will not be signing the License Agreement with the City for use of the Alleyway behind her new business. John is suppose to issue her a letter (last activity on this was 8/17/06). 7 - Peddlers/Hot Dog Man - the only city I received a response with regarding peddlers was Vero Beach, I gave John a copy of what they faxed, waiting for his direction. 9 - Sign Regulations. The PB recommended approval (1/18/07 meeting) for a complete re -write of the entire division of chapter 90 regarding signage. John will be developing an ordinance to go to the council for first reading. I;TICLE III. CITATION PROCEDURE* rage I of RTICI_E III. CITATION PROCEDURE* `State law references: Alternate method of enforcing codes and ordinances, F.S. § 162.21. ec. 18-71. Adoption of state law provisions. The city adopts the procedures set forth in F.S. §§ 162.21, 162.22 and 162.23 as an alternative method of iforcement of codes and ordinances within the city, and incorporates such statutes, and as hereafter amended by the :ate legislature, into this article. Ord. No. 782, § 2-21(1), 11-6-2001) ,ec. 18-72. Standard form of citation. The city shall adopt and obtain a standard form of citation for use in code and ordinance violations which shall iclude those provisions set out in F.S. § 162.21(3)(c), and such other information as deemed necessary by the city dministrator. Drd. No. 782, § 2-21(2), 11-6-2001) )ec. 18-73. Designation of enforcement officers. The city shall designate, by separate resolution from time to time as necessary, those persons within the city whc iay act as code enforcement officers on behalf of the city, which persons may be, but are not limited to, law enforcement ,fficers, animal control officers, fire safety inspectors and code officers. Ord. No. 782, § 2-21(3), 11-6-2001) ;ec. 18-74. Designation of specific violations and schedule of penalties. Although this, alternative method of code and ordinance enforcement pertains to each and every code and ,rdinance of the city, the city reserves the right, by separate resolution from time to time as deemed appropriate. lesignate specific violations and schedule of penalties therefor, for the issuance of citations, as permitted by F.S. E 62.21(5), but that this method of enforcement shall not be employed to enforce any violations that may arise under F.S. i§ 553.73, 553.79 and 553.80. Ord. No. 782, § 2-21(4), 11-6-2001) Sec. 18-75. Implementation of article provisions. The procedures for implementation of this method of enforcement shall include: (1) The use of uniform citations for enforcement of violations of any city code or ordinance shall be limitec to civil infractions. ittp://libraryl .municode.com/mcc/DoeView/ 1136&1/58f6� 4/11 /200 RFICLE III. CITATION PROCEDURE* age /- or (2) The maximum penalty for violation of any code or ordinance is the sum of $500.00 per violation. (3) The persons designated as code officers for the issuance of citations under this article is authorized tc do so if such officer has reasonable cause to believe that a person has committed an act in violation of a code or ordinance. (4) Prior to issuing a citation, the code officer shall provide written notice to the alleged violator of the violation of a code or ordinance, and allow a period, depending on the circumstances and severity of the violation, and the reasonable discretion of the officer, of no less than five days but not to exceed 30 days in which to correct the violation. If, after such period the code officer determines that the violation is not corrected, a citation may then be issued to the violator. (5) An opportunity to correct the violation need not be provided by the code officer if the code officer determines that the alleged violator is a repeat violator, or that the nature of the violation is such that the code officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violation is irreparable or irreversible in nature, in which case a citation may be immediately issued. A repeat violator shall not be afforded the opportunity to paya citation in order to avoid a court appearance. (6) The citation shall include a notice to appear in the county court on the violation at a specified date, place and time, and if the alleged violator fails to pay the assessed penalty on the citation or to appear in county court, a judgment may be entered against the violator for an amount up to the maximum civil penalty. (7) The_ person issued a citation under this procedure has the absolute right to appear and contest the citation in the county court. (8) If the alleged violator elects to not contest the violation, and is not a repeat violator as defined by F.S. ch. 162, such person may, prior to the date the person is set to appear in court: a. Notify the code officer to conduct an inspection that the violation is corrected; and b. Pay a civil penalty to the clerk of court in such sum as is set forth on the citation, plus any fees charged by the clerk. Thereupon, the citation shall be dismissed without court appearance. (Ord. No. 782, § 2-21(5), 11-6-2001) h //lib 1.municode.com/mcc/DocView/I1366/1/58/61 4/11/200", ttp' �Y tCA'A Wa�tCSV.es� r EMPLOYEE PERFORMANCE EVALUATION Employee Name Employee No. Date Jolm R. Cook #' 7 Department _83674 Job Title T ga 1 C izoel City Attorney Date of Hire Date of Last Review Date Employee Began Present Position Date of Next review 4/1/1988 2/21/2006 4/1/1988 2 9 Check One: ❑ 6 Month Review N Annual ❑ Promotion ❑ End of Introductory Period ❑ Monetary ❑ Non -Monetary ❑ Other KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily. manner. F: FAIR - Individual performs most tasks satisfactorily, but not all. G: GOOD - Individual performs many tasks well, and all other tasks U: UNSATISFACTORY - Individual fails to perform many tasks well. adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. - AI. T�tTl WT/i G. List major job related achievements since last evaluation. 3. JOB KNOWLEDGE Employee possesses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: E' G S F U (circle one) (see key above) Comments: 4. JOB PEKi'OKM (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: E C S F U circle one) (see key above) Comments: T/1T (QUANTITATIVE) Employee demonstrates a commitment toward achieving results. lasks are completea enzczenu. J. J VD rit""U%, 11 V 11 1 and effectively. OVERALL RATING: E r G I S I F I U circle one) (see key above) Comments: ae e '0"- zwe -6. DEPENDABILITY Empioyee an be relied upon to complete assigned tasks, and is conscientious about his/her attendance and t' lelin s. OVERALL RATING: E G T F U (see key above) (circle one) Comments: .AATTT ATTAAT , , yee demonstrates a willingness to work with associt .gbordinates, supervisors and others. Responds will- li""A lil\C&11V1N in to nges in procedure, process, responsibility and assignments. OVERALL RATING: 7E- G S F U (circle one) (see key on reverse side) Comments: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or v. 11�1111Cf11 Y li comptete tastes nett OVERALL RATING: E 7 LG S F U (circle one) (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and a, 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E IG S IF JU (circle one) (see key on reverse side) Comments: 1 U. OVERALL YEKt OK1V1ANUE Uverall appraisal of the employee's job performance OVERALL RATING: E I f G� S F U (circle one) (see key on reverse side) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Employee Signature Date P"'Fo Rev. 10105 © 2004, Amsterdam Printing, Amsterdam, NY 12010 -Call Toll Free 1-866-466-1438 gMSTERDA" O " Reorder Form #23350 (plain) #23355 (imprinted) www.amsterdamprintingforms.com rY "� s-" In Canada Call Amsterdam Products, Cornwall, Ontario K6H 6L4 1-800-267-9200 Product #83542 T , EMPLOYEE PERFORMANCE EVALUATION KEY TO RATINGS E: EXCELLENT - individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily. 'nanner. F: FAIR Individual performs most tasks satisfactorily, but not all. G: GOOF) - Individual performs many tasks well, and all other tasks E: UNSATISFACTORY - Individual fails to perform many tasks well. adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. 2. ACCOMPLISHMENTS List major job related achievements since last evaluation. 3. JOB KNOWLEDGE Employee possesses a cl understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: E G F U circle one) (see key above) Comments: 4. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: E G S /--7 U (see key above) circle one) Comments: -'&n Tb"d% 1rTl'TTt71FrF 7 (QUANTITATIVE) Employee demonstrates a commitment toward achieving results. Tasks are completed efficie 0. r v17 i lk%-FAY 1.1li 11 V 11 i and effectively. OVERALL RATING: E G S ® U (see key above) (circle one) 7 Comments: -6. DEPENDABILITY E� Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance OVERALL RATING: E G S 7 I T U (see key above) (circle one) Comments: 7. COOPERATION OVERALL RATING: F E (circle one) Comments: 8. INITIATIVE E r yee demonstrates a willingness to work with associe --mbordinates, supervisors and others. Responds will- ngly to changes in procedure, process, responsibility and assignments. G 1 ® F I U I (see key on reverse side) demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or tasks better. OVERALL RATING: (circle one) E G S F JU I (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and actively 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E rs S F U (circle one) (see key on reverse side) Comments: 10. OVERALL PERFORMANCE Overall appraisal of the employee's job performance. OVERALL RATING: E G S �_ U (see key on reverse side) (circle one) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: These weak points can be strengthened by: G -� Major strong points are: These strong points can be more effectively utilized by: ,42 NjA _ Reviewing Officer Date Has this report been discussed with Employee? X) YES J NO If "NO", Reason why: April 17, 20M City l arril 1?2ting If "YES", Employee's comments: upervisorSignature Datc Employee Signature Date aPt"TFa. Rev. 10/05 © 2004, Amsterdam Printing®, Amsterdam, NY 12010 - Call Toll Free 1-866-466-1438 gMSTERDAIh O Reorder Form #23350 (plain) #23355 (imprinted) www.amsterdamprintingforms.com OR S" In Canada Call Amsterdam Products, Cornwall, Ontario K6H 61-4 1-800-267-9200 Product #83542 z EMPLOYEE PERFORMANCE EVALUATION KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily. manner. F: FAIR - Individual performs most tasks satisfactorily, but not all. G: GOOD - Inchv°idual performs many tasks well, and all other tasks U: UNSATISFACTORY - Individual fails to perform many tasks well. adcyualck. 1. RESPONSIBILITIES List the current status of overall job responsibilities. 2. ACCOMPLISHMENTS List maior iob related achievements since last evaluation. 3. J V13 lotJNV VVj jr-""r1 Employ ssesses a clear understanding of the responsibitines and tasks he or sne must perform. OVERALL RATING: E G S 'F U circle one) (see key above) �T Comments: 4. J V1S JMWK VKIV1AN%-r, (QUALITATIVE) The neatness, thoroughness ccuracy ana overall quality of the employees work. OVERALL RATING: E G S rF LT circle one) (see key above) Comments: 5. JOB PRODUCTIVITY (QUANTITATIVE) Employee demonstrate itment toward achieving results. Tasks are completed efficiently and effectively. OVERALL RATING: E G Ts F UF (see key above) (circle one) -� Comments: -6. DEPENDABILITY Employee can be relied upon to complete as.i ned tasks, and is conscientious about his/her attendance and timeliness. OVERALL RATING: E jr S F' U (see key above) (circle one) Comments: 7. COOPERATION OVERALL RATING: E (circle one) Comments: 8. INITIATIVE cc r -yee demonstrates a willingness to work with associr, —bordinates, supervisors and others. Responds will- mgjy to changes in pro process, responsibility and assignments. G /SJ I F I I U I (see key on reverse side) demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job tasks better. OVERALL RATING: E G�(S) IF JU (circle one) (see key on reverse side) Comments: Maintains a safe and vleasant work environment. follows safetv reeulations. and acti J. W UKK JIN V 1KU _VUr N I ANIJ lAk.L I Y contributes towards a safe workplace. OVERALL RATING• E G S F U (circle one) (see key on reverse side) Comments: 1 U. U V r.KALL JrE1kr UK1V1ANUE mera[ tsa[ of the emp[oyee's lob performance. OVERALL RATING: (circle one) E G S �F7 U I (see key on reverse side) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: _ These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: N/A R. fcOrd, Jr. Date Reviewing Otticer Date Employee Signature Date J Qa" so. Rev. 10/05 © 2004, Amsterdam Printing°, Amsterdam, NY 12010 - Cal Toll Free 1-866466-1438 gMSTERDAII O IN Reorder Form #23350 (plain) #23355 (imprinted) www.amsterdamprintingforms.com �s-"= In Canada Call Amsterdam Products, Cornwall, Ontario K6H 6L4 1-800-267-9200 Product #83542 � EMPLOYEE PERFORMANCE EVALUATION KEY TO RATINGS BC EXCELLENT -Individual performs all tasks in an c�ce( tionccl S: SATISFACTORY - Individual performs all tasks satisfactorily. manner: F: FAIR - Individual performs most tasks satisfactorily, but not all. Par i. .C: GOOD - Individual performs many tasks well, and all other tasks J: rJNSATISFACTORY -Individual fails to perform many tasks well. ..adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. l /l Mff 1W WL WWM RT1►TTC� 3. J V15 1%JNV W Lr.1Jhx!. Em ee possesses a clear understanding of the responsibilities and tasks he or sne must perform. OVERALL RATING: E G I S I F U (see key above) circle one) Comments: &P. JIJD tl .Ai V1<LV1L>l�ll L' (ILUAL11A11VG/ lne Y rWSS, y v� c•w o•• ravycoo OVERALL RATING: E` G S F U (see key above) circle one) Comments: ran "" d-t 1T Tl�TTT TTTV (QUANTITATIVE) Employee demonstrates a commitment toward achieving results. Tasks are completed efficient) J. J and effectively. OVERALL RATING: E G S F U (see key above) circle one) Comments: G "UDUXj" A'0TT TTV Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance V. lJlii •. L'K"r.1JJiL11 A and timeliness. OVERALL RATING: E' G 5 F U (see key above) circle one) Comments: r1AATTT ATTAIT �l wee demonstrates a willingness to work with associo— .bordinates, supervisors and others. Responds will- e . a.vvi lil\A11V1'1 tngty to changes to ure, process, responstbuuy ana assignments. OVERALL RATING: E G S F U (circle one) (see key on reverse side) Comments: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or O. 11N1111111 V JG complete tasks better. OVERALL RATING: E G S F U (circle one) (see key on reverse side) Comments: Maintains n safe and nlensant wnrk envirnnment_ fnllnwe wfoty reuulntinnc and ar, 9. WORK EN V IKUNMENT AND 5AF •' contributes towards a safe workplace. OVERALL RATING: (circle one) E G S F U (see key on reverse side) Comments: 10. OVERALL PERFORMANCE Overall appraisal of the oyee' job performance. OVERALL RATING: E G S (circle one) F' U (see key on reverse side) Comments: /, 0 E .� S ACTION PLAN The above criteria is important to r erly eval ate your performance. The following Action Plan describes your specific strengths and weakness- es, and what can be done to impro your position toward continued growth. Major weak points are: These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: 4 T sor Sign re Q3 klllll� Date Re sewing Otticer Date Employee Signature Date Rev. 10/05 © 2004, Amsterdam Printing', Amsterdam, NY 12010 - Call Toll Free 1-866-466-1438 qM STE RDAI O Reorder Form #23350 (plain) #23355 (imprinted) www.amsterdampfntingforms.com RR S">' In Canada Call Amsterdam Products, Comwall, Ontario K6H 614 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION Employee Name Employee No. Date Johl R. Clock 8367 4 7 Department Job Title CityAttnrrgy Date of Hire Date of Last Review Date Employee Began Present Position Date of Next review 4/1/1988 2/21/2006 4/1/1%8 2/19/2M8 Check One: ❑ 6 Month Review IOAnnual ❑ Promotion O End of Introductory Period ❑ Monetary ❑ Non -Monetary ❑ Other KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily. manner. F: FAIR - Individual performs most tasks satisfactorily, but not all. G: GOOD - Individual performs many tasks well, and all other tasks U: UNSATISFACTORY - Individual fails to perform many tasks well. adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. L. Ala UIVIYLIJt11Vlt'.l%t I. J List major job related achievements since last evaluation. 3. JOB KNOWLEDGE Employee possesses a clear understanding ol'the responsibilities and tasks he or she must perform. OVERALL RATING: E S F U circle one) (see key above) Comments: 4. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: EI(OG S F U circle one) (see key above) Comments: r� nn �rT 1�mt� TIMPA7 (QUANTITATIVE) Emplovee demonstrates a commitment toward achieving results. Tasks are completed elli, .�.., vas a�vL v �. _ _ . _ _ and ellectrvet_v. OVERALL RATING: E G t ", F UT (see key above) (circle one) ^,, ` j Comments: tM �n,l � �l / ,z j�y t� �I ` li � Emplovee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance S. DEPENDABILITY and --- OVERALL RATING: E S F U (see key above) (circle one) Comments . t^�QA 1. �� Q Q/� r0 W c Q —� -wee demonstrates a willingness to work with associa— bordinates, supervisors and others. Responds will- 7. COOPERATION ingly to changes in procedure, process, responsibility and assignments. t OVERALL RATING: (circle one) E \ 7 S F U (see key on reverse side) Comments: 8. INITIATIVE Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. OVERALL RATING: E G TCS;, F I JU (circle one) (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and actively 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E �G) IS IF JU (circle one) (see key on reverse side) Comments: 10. OVERALL PERFORMANCE Overall appraisal of the employee's job performance. OVERALL RATING: E G (circle one) S F U (see key on reverse side) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: These eak points can be strengthened by: oe M or, strong -points are: b woru� o�- C_ UCAJ,oU�3 tI�W 60\d A lue These strong points can be dore effectively utilized by: Jean Williams N/A _ Reviewing Officer Date Employee Signature Date J n0,"r,o, Rev. 10/05 © 2004, Amsterdam Printing, Amsterdam, NY 12010 - Call Toll Free 1-866-466-1438 AMSTERDAII O IN Reorder Form #23350 (plain) #23355 (imprinted) www.amsterdamprintingforms.com RR ,`�s" In Canada Call Amsterdam Products, Cornwall, Ontario K6H 6L4 1-800-267-9200 Product #83542