2007-06-26 Special Meeting1
I. CALL TO ORDER - Mayor:
June 26, 2007 Special City Council Meeting, 1:00 p.m.
II. 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
III. NEW BUSINESS.
CITY OF OKEECHOBEE
DUNE 2612007 SPECIAL CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Motion to approve proposed Gas Tax Interlocal Agreement
- City Administrator (Exhibit 1).
1
PAGE 1 OF 3
In the absence of Mayor Kirk, Mayor Pro-Tempore Watford called the June 26, 2007 Special City Council Meeting to order al
1:00 P.M.
City Clerk Gamiotea called the roll:
Absent
Present
Present (serving as Mayor Pro-Tempore at the request of Mayor Kirk)
Present
Present
Present
Present
Present
Absent
The Board of County Commission adopted an ordinance (No. 2007-04) on June 12, 2007. This ordinance authorizes the levy
by the Commission, of up to five -cent of local option gas tax upon every gallon of motor fuel sold in the County, which includes
the City. The ordinance was adopted pursuant to Florida Statutes 336.025(1)(b) and taxed under the provisions of Florida
Statutes Chapter 206. The City Administrator received a request from County Staff for the City Council to approve an interlocal
agreement regarding the proceeds of the City's portion of a five -cent local option gas tax. Upon review by the City Administrator
and City Attorney, the agreement submitted by the County is being presented in Exhibit One for adoption. The adopted
ordinance and agreement must be sent to the State by July 1, causing the purpose for the special meeting.
Council Member Markham moved to approve a proposed Five -Cent Local Option Gas Tax Interlocal Agreement between the
City and County; seconded by Council Member C. Williams.
i��
•
DUNE 26, 2007 - SPECIAL MEETING - PAGE 2 OF 3
III. NEW BUSINESS CONTINUED.
A. Motion to approve proposed Gas Tax Interlocal Agreement
continued.
Mayor Pro-Tem Watford asked whether the percentage was the same as the other gas tax interlocal agreements? Administrator
Whitehall responded, Yes. The proceeds will be distributed as, the City receives 21.87 percent and the County receives 78.13
percent. Administrator Whitehall also noted that City Staff will be aggressively negotiating the percentage amounts next year
as the agreement expires August 31, 2008.
A matter of clarification was noted by Mayor Pro-Tem Watford. He explained that following the adoption of the County ordinance.
The Board of County Commissioners Chairperson, Ray Domer, made the comment to him of his disappointment with the City
for not being present at the County meeting to support the ordinance adoption. He further stated that he would have gladly been
there had he been told what was going on. He was not aware of the meeting until the last minute. If the County had worked with
us, to tell us more, we could have been there to support them on it. The City was not involved in the process and not told, nor
asked to be involved with it. Following an email he received from the City Administrator, advising of the meeting, he called three
of the commissioners to state his support regarding the adoption of the ordinance.
Administrator Whitehall elaborated that the week before the adoption the City was notified that we would have to adopt an
interlocal and that there was a time frame issue. Upon receipt of the email, it was forwarded to the Council, again noting there
was no indication that anyone from the City needed to be at the public hearing.
Council Member Markham noted that following the receipt of the email, he called Chairperson Domer to state his support. He
indicated that he would have attended the meeting, but that due to a scheduled medical procedure he would not be available
to be there.
In conclusion, and prior to calling for a vote, Mayor Pro-Tem Watford stated he felt like the City had been chastised unfairly
causing this issue to be noted, and that had any information been communicated to the City, we would have been there for the
County, as the City understood their dilemma with adopting such an unfavorable ordinance.
KIRK - ABSENT MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
IV. ADJOURN MEETING - Mayor.
JUNE 26, 2007 -SPECIAL MEETING - PAGE 3 OF 3 811
VOTE
THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO-TEM WATFORD ADJOURNED THE MEETING AT
1:07 P.M.
Do Ing R. Watford, Jr. May o-T mpore
ATTEST:
Lane Gamiotea, CMC, �ity 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 City Council Special' Meeting PO #013380
in the matter of City of Okeechobee - oas tax
City of Okeechobee
55 SE ThirdAyenue --
Okeechobee FL 34974-2932 i
In the Court,
was published in said newspaper in the issues of 06/21/2007
Affiant further says that the sa;d 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.
JamesA. Hughes, Jr., (Publisher '
Sworn to and subscribed before me
this -- L a-t !day of
A. D. 2007
(SEAL) Notary Public
,t4 ssssl YPV ,,, Rosealee A. Brennan
Commission #DD318483
a:oe 1 xpiY -s: Jun 25, 2008
goaded That
4. <.i;- c 8onding Co_, inc.
CI"C!' COUNCIL SPEC IAL. MEETING
NOTICE IS HEREBY GIVEN that
the City Council of the Cat" orokeuhobee will
get in a Special Susion to review the
Interlocal Agreement between the City and the
County of Okeechchce regarding the five cent
as tax.
V The meeting will be held on Tuesday,
June 26, 2007, at 1:00 P.M. at City Hall, 55
SE 3rd Ave, Rm 200, Okeechobee, Florida. The
public is invited and encouraged to attend. For
copy of the agenda contact City
Administration at (863) 763-3372 x 212.
PLEASE TAKE NOTICE AND BE
ADVISED that if any person desires no appeal
any decision made by the City Council with
respect to any matter considered at this meeting,
such interested person will need a record of the
proceedings, and forsuch 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 to be based.
Media are used for the sole purpose of back-up
for the Clerk's Office
to -c—clance w it It the Amencans w ith
Disabilities Act (ADA) :utd Florida Statute
286.26, persons with dieabilifies needing special
acconmxidafion nr panicipute Inthis proceeding
should contact lane Gamiotna, no later than
two (2) warkine duvs pnor to the la--doia
m 86, '61 137' v 214 tf you are hr.,nne q
<<. ni-11d,call IDD I f,00 ;-1Jv'
rr 1888 4T` 5670 IT)
,
by lames 1. Ktrk
L,,nr Gat,t�a,ea_c�Ic. etty .k
Publish_ 06121n007
Okeechobee Times
CITY OF OKEECHOBEE
JUNE 265 2007 SPECIAL CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 1
I. CALL TO ORDER - Mayor: June 26, 2007, City Council Special Meeting, 1:00 p.m.
II. 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 Attorney John R. Cook
City Administrator Brian Whitehall
City Clerk Lane Gamiotea
Deputy Clerk Melisa Eddings
III. NEW BUSINESS.
A. Motion to approve proposed Gas Tax Interlocal Agreement - City Administrator (Exhibit 1).
IV. ADJOURN MEETING - Mayor.
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 is made, which record includes the testimony and evidence upon
which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk.
EXHIBIT I
,MINE 26, 2007
Fire Cent Gas Tax
INTERLOCAL AGREEMENT
TIIIS INTERLOCAL AGREEMENT dated this day of June, 2007, ("Agreement")
between Okeechobee County, Florida, political subdivision of the State of Florida ("County") and
the City of Okeechobee, Florida, a municipal corporation of the State of Florida and located in the
County ("City").
WHEREAS, Section 336.025(1)(b), Florida Statutes, as amended and supplemented
authorizes the levy by the County up to five (5) cents of local option gas tax upon every gallon of
motor fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, as
amended and supplemented ("Five (5) Cent Local Option Gas Tax"); and
WHEREAS Okeechobee County Ordinance No. 2007-04, was enacted June 12, 2007,
levying all five cents of the Five (5) Cent Local Option Gas Tax; and
WHEREAS, Section 336.025(l)(b)2., Florida Statutes, authorizes the establishment of an
Interlocal Agreement between the County and the City to divide the proceeds of local option gas
taxes between the County and the City; and
WHEREAS, The County and City entered into an Interlocal Agreement to address the
distribution of the other local option gas taxes and that agreement is set to'expire on August 31,
2008; and
WHEREAS, The County and City wish to enter into and synchronize an Interlocal
Agreement for the new Five (5) Cent Local Option Gas Tax with the existing Interlocal Agreement.
NOW THEREFORE, in consideration of the mutual rights and responsibilities contained herein,
the County and the City agree as follows.
L That effective for revenue received January 1, 2008 and expiring August 31, 2008,
the proceeds of the Five (5) Cent Local Option Gas Tax shall be distributed be as follows:
Recipient Share of Proceeds
City of Okeechobee 21.87%
County of Okeechobee 78.13%
3. That pursuant to section 336.025(1)(d), Florida Statutes, by the use of a percentage
distribution rather than a fixed sum distribution, this Agreement is deemed to automatically adjust
on a yearly basis.
[7000-73015. WPD]
h—hic Cent Gas Tax
4. This Agreement is effective upon adoption by both the County and City and shall
expire on August 31, 2008 unless amended as provided herein.
5. That both the County and City hereby waive any claim or cause of action that may
have accrued by virtue of any overpayment, underpayment or entitlement to motor fuel tax sharing
and agree that the distribution percentages provided for herein are reasonable and in the best interest
of the residents of the City and County.
6. That the County shall notify the Florida Department of Revenue of this Interlocal
Agreement as provided in Chapter 336, Florida Statutes and shall hold such public hearings as may
be necessary to ensure this Agreement is consistent with existing county ordinances and resolutions.
4. The Agreement may be amended at any time by written instrument duly adopted and
executed by both the County and City.
5. This agreement may be executed in any number of counter parts, each of which shall
constitute an original, altogether one and the same instrument.
IN WITNESS WHEREOF, the County and the City have caused this Agreement to be
executed on the day and date first above written.
ATTEST:
Sharon Robertson,
Clerk of Circuit Court
ATTEST:
[7000-73015.WPD]
B O A R D O F C O U NTY
COMMISSIONERS OF OKEECIIOIIEE
COUNTY, FLORIDA
BY: RAY R. DOMER, Chairman
CITY OF OKEECHOBEE, FLOIUDA
Page 2 of 3
LANE GAMIOTEA,
CMC, City Clerk
Approved as to forin and
Legal Sufficiency
Five Cent Gas Tax
BY: JAMES E, KIRK, Mayor
Approved as to forin and
Legal Sufficiency
City Attorney County Attorney
[7000-73015.WPD] Page 3 of 3