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2009-04-07
CITY OF OKEECHOBEE APRIL 7, 2009 REGuLAR-CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I.- CALL TO ORDER - Mayor. April 7, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Chaplain Wendy Schaffer, Hospice of Okeechobee; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford; Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2009 as Water Conservation Month.A PAGE 1 of 9 Mayor Kirk called the April 7, 2009 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by the Hospice of Okeechobee Chaplain Wendy Schaffer, The Pledge of Allegiance was led by Mayor Kirk. Deputy Clerk Eddings called the roll: Present Present Present Present Present Present Present Absent Present Absent - Major Peterson Present Present Present Mayor Kirk read the following proclamation in its entirety: "WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the worid, and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability. of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment, and WHEREAS, the South Florida Water Management C APRIL 7, 2009 - REGULAR MEETING - PAGE 2 OF 9 275 1 W. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Water Conservation Month"continued. B. Proclaim the week of May 17 - 23, 2009 as "National Public Works Week' V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 17, 2009 City Council Regular Meeting. (continued from page 1) District, in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resoumes. NOW THEREFORE 1, James E Kirk by virtue of the authority vested in me as Mayor of the CityofOkeechobe% Florida, do hereby proclaim the month of April 2009 as "WATER CONSERVATION MONTH" in the City of Okeechobee." Mr. Gary Ritter of South Florida Water j Management, was present to receive the proclamation and stated he appreciated the partnership of the City Council and the efforts of the community for being preservation conscious. Mayor Kirk read the following proclamation in its entirety: "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 citizenryis 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 comfortof this communitygreadydepends on these facilities andservices; 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 departments Is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme "Revitalize, Reinves4 Renew", 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 17 - 23, 2009, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee." Public Works Director Robertson, was present to receive the proclamation. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the March 17, 2009 City Council Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 7, 2009 . REGULAR MEETING - PAGE 3 OF 9 276: A. Requests for the addition, deferral or withdrawal of items on today's ' Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. :Withdraw New Business Item C, and add New Business Item H. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. ' MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:09 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 994 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 994 regarding sign regulations; sign regulations - City Planning Consultant (Exhibit 1). seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 994 by fide only. Attorney Cook read proposed Ordinance No. 994 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE; FLORIDA PROWDING FORA COMPREHENSIVEAMENDMENT TO THELAND DEVELOPMENT REGULATIONS, ORDINANCE N0. 716; DIVISION 5 THEREOF, FROM SECTIONS W561 THROUGH 90-600, PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE, PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DERNITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE, PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARYSIGNS, PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS AND SEVERABIL►TY, PROVIDING FOR AN EFFECTIVE DATE. 2. a) Motion to adopt Ordinance No. 994. Council Member Markham moved to adopt proposed Ordinance No. 994; seconded by Council Member O'Connor. b) Public comments and discussion. : City Planning Consultant Bill Brisson was present to review the list of modifications posed from questions at the March 171 meeting. After a lengthy discussion, the consensus of the Council was to defer this item for April 21, 2009 for final Public Hearing to allow Mr. Brisson to make additional changes and give the Council more lime for review. Council Member Watford moved to defer action of the adoption of proposed Ordinance No. 994 until April 21, 2009: seconded by Council Member Markham. Mayor Kirk asked whether there were any comments or questions from the public? There were none. APRIL 7, 2009 - REGULAR MEETING - PAGE 4 OF 9 277 1 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. VOTE A. 2. c) Vote on motion.. KIRK - YEA MARKMM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 1043 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1043 regarding an additional an additional Homestead Exemption for persons sixty-five and older Homestead Exemption for persons 65 and older; seconded by Council Member Williams. - City Attorney (Exhibit 2). VOTE b) Vote on motion to read by title only. KRK - YEA MARKMM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1043 by titre only. Attorney Cook read proposed Ordinance No. 1043 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER AS AUTHORIZED BY SECTION 196.075, FLORIDA STATUTES; PROVIDING FOR SCOPE OF THE EXEMPT70NANDPROCEDURESFORMAKINGAPPUCATIONFOR THEADD177ONAL EXEMPTION, PROVIDING FOR CONFLICTS, SEVERAB►LITYAND AN EFFECTIVE DATE. 2. a) Motion to adopt Ordinance No. 1043. b) Public comments and discussion c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vlll. NEW BUSINESS. Council Member Markham moved to adopt proposed Ordinance No. 1043; seconded by Council Member O'Connor. Council Member Watford asked whether there were specific procedures to establish who is qualified? Accounts Supervisor Riedel replied the Property Appraisers Office will inform the City who qualifies. Mayor Kirk asked whether there were any comments or questions from the public? There were none. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:11 P.M. A.1. a) Motion to read by title only, and set April 21, 2009 as a final public Council Member Watford moved to read by title only, and set April 21, 2009 as a final public hearing date for proposed hearing date for proposed Ordinance No.1044 regarding local Ordinance No.1044 regarding local vendor preference; seconded by Council Member Williams. vendor preference - City Attorney (Exhibit 3). 278 APRIL 7, 2009 - REGULAR MEETING - PAGE 5 OF 9 Vlll. NtW bUbINtbb WNIINUEU. A.1. b) Vote on motion to read by title only and set final public hearing date. VOTE KRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1044 by title only. Attorney Cook read proposed Ordinance No. 1044 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE CODE OF ORDINANCES, MUNICIPAL PURCHASING, SECTION 2-28Z TO ADD DEFINITIONS AND SECTION 2-290, LOCAL VENDOR PREFERENCE; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No.1044; seconded by Council 1044• Member O'Connor. b) Discussion. Council Member Watford thanked the City Staff for proposing this Ordinance, it will benefit the business community. c) Vote -on. motion. VOTE KIRK - YEA MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Presentation of the 2008 Fiscal Year End Audit - Deborah Bradley- Mrs. Deborah Bradley -Goode, Auditor Director of Hoyman Dobson and Company, P.A., presented and distributed Goode, Hoyman Dobson. copies of the results for the 2007-2008 Fiscal Year Audit. She stated that the City is in a secure financial position. This year, new standards of internal controls have been implemented. Previously, the audit was conducted with an understanding of the City's practiced internal controls, but now it is required that the auditors conduct what is considered a %valk-through," where they actually check for the signature of the employee performing the task. She briefly reviewed the comparisons of this years audit (2007-2008 FY) and last years (2006-2007 FY): 2007/2008 2006/2007 General Fund $10,414,227.00 $9,598,296.00 Liabilities $237,859.00 $251,593.00 Total Governmental Funds Liabilities and Fund Balance $10,916,675.00 $9,994,482.00 Revenues $6,738,717.00 $6,807,102.00 Expenditures $7,029,067.00 $6,399,800.00 i Fi� APRIL 7, 2009 - REGULAR MEETING - PAGE 6 OF 9 219- Vill. NEW BUSINESS CONTINUED. I B. Presentation of the 2008 Fiscal Year End Audit continued. Council Member Watford inquired about the Investments/State Pool Funds. She reviewed, the City invests certain surplus funds in an external investment pool, the Local Government Surplus Funds Trust Fund (the `State Pool's which is administered by the Florida State Board of Administration (SBA). There are two pools, Pool A and Pool B. The State Board had said they would secure these funds, but now with the decline in the economy there is a 20 percent loss in Pool B at this time. With the uncertainty of the financial market, Mrs. Bradley -Goode recommended that the funds be placed in $100,000.00 Certificate of Deposit Accounts within the same financial institution since the Federal Deposit Insured Corporation (FDIC) is securing these accounts. i Mrs. Bradley -Goode commended Mrs. Riedel on a job well done. Mayor Kirk remarked that it was a good audit. C. Consider request regarding impact fees - Muhammad Nooruddin Item was withdrawn from the agenda. (Exhibit 4). D. Consider modifications of inspection fees regarding Resolution No. Administrator Whitehall explained that Resolution No. 09-06 was adopted in February and added certain fees for Fire 09-06 - City Administrator (Exhibit 5). Department Services to commercial and industrial businesses. He applauded the City Staff for putting this resolution together, since the Business Tax Receipt (BTR) fees have not changed since 1995. The fees for the additional services by the Fire Department were researched and the orientation of them are equitable since personnel has been added to diligently perform these inspections. However, the $10.00 annual inspection fee that was added to the annual renewal of the (BTR) has become an issue to some of the Council. Council Members Markham, Watford and Williams felt that there should not be an additional fee, it should be a service which the City provides in return for the business owner having their business in the City. Mayor Kirk replied that should the annual inspection fee be removed, the reinspection fee should remain. Council Member O'Connor remarked that a $20.00 reinspection fee is worth the price should it protect and keep the business safe from damage. Council Member Watford moved to remove the Commercial Annual Inspection $10 00 Fee from Resolution No 09-06: seconded by Council Member Markham. Mayor Kirk asked whether they were also removing the reinspection fee? The consensus was to continue with the reinspection fee. Attorney Cook explained that this does not need to be brought back to Council, but the amended Resolution does need to be signed by Mayor Kirk. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 7, 2009 - REGULAR MEETING - PAGE 7 OF 9 Vill. NEW BUSINESS CONTINUED. E. Consider appointments and re -appointments to the Code , Council Member Markham moved to reappoint Regular Members Jamie Gamiotea and Frank Irby, terms being May Enforcement Board and the Planning Board/Board of 1, 2009 to April 30, 2012; also appoint Randy Huckabee as a regular member from an alternate member position (to Adjustments/Design Review Board - City Clerk (Exhibit 6). replace Mrs. Hancock), tent ending April 30, 2011, to the Code Enforcement Board; seconded by Council Member Watford. Code Enforcement Board: ■ Jamie Gamiotea, re -appointment, regular member, term VOTE 5/1/2009 - 4/30/2012. KIRK - YEA MARKHAM - YEA O'CONNOR - YEA ■ Frank Irby, re -appointment, regular member, term 5/1/2009 WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. - 4/30/2012. ■ Randy Huckabee, appointment from alternate to regular Council Member Watford moved to appoint Ms. Allison Murphy as an alternate member (to replace Mr. Huckabee), member, term 4/8/2009 - 4/30/2011 (replacing Heather term ending April 30, 2011, to the Code Enforcement Board; seconded by Council Member O'Connor. Hancock). ■ Consider an alternate member position, two applicants - VOTE Clayton Gundersen, Allison Murphy, term ending KIRK - YEA MARKHAM - YEA O'CONNOR - YEA 4/30/2011. ". WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Planning Board/Board of Adjustments/Design Review Board: Council Member Markham moved to reappoint Regular Members Dawn Hoover and Osiel Luviano, terms being April ■ Dawn Hoover, re -appointment, regular member, term 1, 2009 to April 30, 2012, to the Planning Board/Board of Adjustment and Appeals and Design and Review Board; 5/1/2009 - 4/30/2012. = seconded by Council Member Williams. ■ Osiel Luviano, re -appointment, regular member, term I 5/1/2009 - 4/30/2012. VOTE ■ Consider an alternate member position, two applicants - KIRK - YEA MARKHAM -YEA O'CONNOR - YEA Phil Baughman, Toni Doyle, term ending, 4/30/2012. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to appoint Phil Baughman as an alternate member (to replace Osiel Luviano); term ending April 30, 2012, to the Planning Board/Board of Adjustment and Appeals and Design and Review Board; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 7, 2009 - REGULAR MEETING - PAGE 8 OF 9 281 VIII. NEW BUSINESS CONTINUED. F. Motion to award.a bid in the amount of $72,936.00 to Emergency Council Member Williams moved to award Bid No. FD-0 1 -00-03-09 to Emergency Vehicles of Texas, in the amount Vehicles of Texas for a fire department brush truck - Chief Smith of $72,936.00, for a 2009 Ford F-550 brush truck; seconded by Council Member O'Connor. (Exhibit 7). Fire Chief Smith explained that ten bids were sent out and only two were received. The two bids received were from: Emergency Vehicles of Texas, $72,936.00 and Madison Truck Equipment from Wisconsin, $73,960.00. Chief Smith also explained that it was easier to keep the bid as a whole and not separate the cab and chassis from the body, as the manufacturer has a warranty for the whole package. Council Member Watford strongly noted his disappointment of the bid not being separated. Mayor Kirk recommended for future bids that it be sent out as a whole and then in parts for comparison of abetter bid. Council Member Markham noted that the funding for this truck comes from impact fees received. VOTE KIRK - YEA MARKI AM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Discussion regarding applicability of Special Exceptions - City Administrator Whitehall referred this topic to Council Member Watford in which he stated that he would like the Administrator. Planning Board to consider tying Special Exceptions to the business owner, rather than the property. He understands that as stated in the Code Book, the Special Exception follows the property, but in some situations it may not be suitable for the new business. Attorney Cook, stated that this could create a problem with the property selling with contingencies for approval of a Special Exception. Council Member Markham stated that there are time constraints with the Special Exception, and either a Building Permit or Business Tax Receipt needs to be obtained from the City within 180 days from the approval date, as well as continue to be in existence or the Special Exception is considered non-use and voided. City Planner Bdsson explained that a Special Exception is a permitted use, only with additional requirements or conditions based on the type of business and its location. Planning Board Member Karyne Brass, stated that the Planning Board is aware of their options in which they have utilized for some instances, and that they also rely on the guidance of the City Planner before making decisions. There was no official action taken on this' matter. H. ITEM ADDED TO AGENDA. Motion to approve a grant application Council Member Watford moved to approve a grant application to the United States Department of Justice to the United States Department of Justice in the amount of $15, In the amount of fifteen thousand seventy-eight dollars (115 078 00) for three (3) Police Department Mobile 078.00 for acquisition of three (3) Police Department Mobile Digital Digital Video Cameras: seconded by Council Member O'Connor. Video Cameras - (Exhibit 8). 282 APRIL 7, 2009 - REGULAR MEETING - PAGE 9 OF 9 VIII. NEW BUSINESS CONTINUED. H. ITEM ADDED TO AGENDA. Motion to approve a Grant application continued. IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Cleric t James E. Kirk, Mayor :ATTEST: Lane GaFniotea, CMC-, City Clerk Major Peterson explained that these digital video cameras will be used in the patrol cars, are helpful in court cases and can be downloaded to a computer. They have one demo in use presently, from Panasonic, and the goal would be to have one in all nine patrol cars. Wal-Mart recently donated $5,000.00 to the department, which will assist in the purchase of another camera. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:30 p.m. The next regular scheduled meeting is April 21, 2009 at 6:00 p.m. I �DEPEWE � mvsrarms OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 SM 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a Pohl i c. Ar, t-; cP in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of f ` 3, �2,O n 9 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that saidd newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. -1", fev.-O L--:--- worF?to and subscribed before me this LU day of I I I t A n;� 1 otary Public, State of 1 at Large ('fke't� JhiboCommission # DD505311 Expires January 10, 2010 % OF % 9dgeA Tmr Fen Mumma. w e 80G3B6701i cm CMMM cera� Narst X Its 8Yn #A the QV coieldl d (%3) 763-AM or mno¢ UW f eny p.son deetaa m �e�ert to •n nrmr i � w� need a racad d CITY OF OKEECHOBEE APRIL 7, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER- MAYOR: April 7, 2009, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Chaplain Wendy Schaffer, Hospice of Okeechobee; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham ✓ Council Member Mike O'Connor ,/ Council Member Dowling R. Watford, Jr.,/ Council Member Clayton Williams ,- City Administrator Brian Whit:r V111 City Attorney John R. Cook City Clerk Lane Gamiotea d4 e e Deputy Clerk Melisa Eddings ✓ ��� Police Chief Denny Davis Fire Chief Herb Smith ,- Public Works Director Donnie Robertsont/ IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2009 as "Water Conservation Month." )U ait d B. Proclaim the week of May 17 - 23, 2009 as "National Public Works Week." PAGE 1 of 4 i V. MINUTES - Cky Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 17, 2009 City Council Regular Meeting. Vi. AGENDA - Mayor. A. ' Requests for the addition, deferral or withdrawal of items on toda s agenda. ,,ct� C�� Gri►� c�- -�' q Y 9 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. b b q A.1.a) Motion to read by title only proposed Ordinance No. 994 regarding sign regulations - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. WO" Mai xw mix". c) City Attorney to read proposed Ordinance No. 994 by title only. 2.a) Motion to adopt Ordinance No. 994. i b) Public comments and discussion. � c) Vote on motion. 9) a ett�- _ y/a l c B.1.a) Motion to read by title only proposed Ordinance No.1043 regarding an additional Homestead Exemption for persons sixty-five and older - City Attorney (Exhibit 2). b) Vote on motion to read by title only. A f tt� Ol Guns . (�VAL;1. c) City Attorney to read proposed Ordinance No.1043 by title only. 2.a) Motion to adopt Ordinance No.1043. b) Public comments and discussion. APPJL 7, 2009 PAGE 2 of 4 aAt lyteAt. VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 131c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a.) Motion to read by title only and set April 21, 2009 as a final public hearing date for proposed Ordinance No.1044 regarding local vendor preference - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. PJ'Y; 'G7 Gt%rnc�, c) City Attorney to read proposed Ordinance No.1044 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1044.m� b) Discussion. c) Vote on motion. B. Presentation of the 2008 Fiscal Year End Audit - Debbie Bradley, Hoyman Dobson C. Consider request regarding impact fees - Muhammad Nooruddin (Exhibit 4). 10� D. Consider modifications of inspection fees regarding Resolution No. 09-06 - City Administrator (Exhibit 5). E. O Consider appointments and re -appointments to the Code Enforcement Board and the Planning Board/Board of Adjustments/Design Review Board - City Clerk (Exhibit 6). r Code Enforcement Board:a- Jamie Gamiotea, re -appointment, regular member, term 5/1/2009 - 4/3012012. Frank Irby, re -appointment, regular member, term 5/1/2009 - 4/3012012. Randy Huckabee, appointment from alternate to regular member, term 2/18/2009 - 4/30/2011 (replacing Heather Hancock). Consider an alternate member position, two applicants - Clayton Gundersen, Allison Murphy, term ending 4/30/2011. AML 7, 2009 PAGE 3 of 4 es q6°� AML 7, 2009 PACE 4 OF 4 Vill. NEW BUSINESS CONTINUED. (a J Planning Board/Board of Adjustments/Design Review Board: G Dawn Hoover, re -appointment, regular member, term 5/1/2009 - 4/3012012. �if%/ri`d - Osiel Luviano, re -appointment, regular member, term 51112009 - 4/30/2012. C Consider an alternate member position, two applicants - Phil Baughman, Toni 9oyle, rm ending, 4/30/2012. F. Motion to award a bid in the amount of $72,936.00 to Emergency Vehicles of Texas for a fire department brush] ,t�ruuc/k/y- Chieflff Smith (Exhibit 7). cc � G. Discussion regarding applicability of special exceptions - City Administrator. 0VV" IX ADJOURN MEETING. p -P PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any decision made by the City Coundl with respedto any matter considered atthle proceeding, such Interested V 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 W1, ��„p,f� 2a- be based. C Clerk media are for the sole purpose of backup for official records of the Clerk. --- /, , , ,the appeal b to Ky �� ,ivy-�C�'�`" ra ------------------------ &� ~ Z;v �--�� v v v ` ^�-y- --'---- u , -------'-- v�----,------------�---'--� ~ r � _ _x^�� L_' _ LA - - _ ___ __ ,L4-L 4t L ai _ Alf f �LX/k-P,P b r nL UliblA� d IAW" 495, 13 /,j"& �?.�'-QD .,c��-►�J C'J .,ao �nc.�--mot- ,lam , — � U U cede � 5 gym_ , -0 M-- MM IPJ hP, AIJ elk, .,,/a 6VI J'4-� ell o 5-c Ora o 44A�1-- 61 10W I U� L Aq4-9 -IA-J LP A troj"om _i,..m� WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; ; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, the South Florida Water Management District, in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities, and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the states precious water resources. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of. the City of Okeechobee, Florida, do hereby proclaim the month of April 2009 as WATER CONSERVATION MONTH in the City of Okeechobee. In witness whereof I have hereunto set my ' hand and sed this seal to be affixed. M antes E. Kirk, Mayor ` F Attest: t .a Lane Gamiotea, City,Ter Date DMIBIT 1 APR 7, 2009 LARuE PLANNING & MANAGEMENT SERVICES, IRC. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: March 20, 2009 TO: Mayor and City Council FROM: Bill Brisson RE: Ordinance 994 (Sign Regulations) Following is a list of the changes that are included in Ord. 994 subsequent to the joint City Council — Planning Board meeting on February 10. Changes shown in the ac , ;ding Ord. 994 that are the result of the February 19* meeting or in A -,,, ,:.a:. to questions posed at the March 17s' meeting are bWWftd. Changes that had been reviewed by the City Council prior to February 19" are only shown in underline (for additions) and A&eeut (for deletions). I. The following list identifies changes as a result of the February 19" meeting and also references to pages that are proposed for further modification as a result of the questions posed by the City Council at the March 17" 1" reading. #1. Page 6: the reference, in the definition of a "snipe sign", to signs attached to or held by a person has been eliminated. #2. Page 8, item 0), 1: inserted language referring to City owned sidewalks and limiting temporary portable signs only to the CBD District. #3. Page 9, Item 5: modified section such that window signs do not count as part of the allowable sign area for building signs. A. Page 9, item (2),(a): increased from one(1) to two (2) the number of real estate advertising signs allowed per premises. #5. Page 13, item (26): modified the section to prohibit off premises signs in all but the Industrial Zoning District. Refer to more detailed discussion of this issue on the neat page in Section H of this memorandum under item #10. #6. Page 15, item (2),(b): changed text to limit portable signs, wind signs, etc. to display not more than twice per year with no period of display longer than 14 days. V. Page 15, item (e): inserted language referring to City owned sidewalks and limiting temporary portable signs only to the CBD District as was done for item 6),1 under #2 of this list. #8. Page 17, Sec. 90-574: modified the language relating to off -premises signs to inform the reader that there are certain exceptions to the prohibition of off -site signs located in areas other than the Industrial Zoning District. Refer to more detailed discussion of this issue in Section H, under item #10, following. #9. Page 18, Sec. 90-575: deleted the entire section pertaining to a Unified Sign Plan. II. Discussion addressing questions posed during the March 17m City Council meeting pertaining to off premises signs and commercial displays on vehicles, trailers, etc. #10. With reference to the prohibition of off -premises signs, Mr. Watford asked whether or not off -site directional signs are allowed. Off -premises directional signs are allowed under Section 90-574 on pages 17 and 18 of the proposed ordinance. However, in reviewing the proposed text, we find that it does not accurately reflect the Council's direction, to limit signs on waste and recycling receptacles only to on -site locations, given during the February 19, 2009 meeting. We also believe it is advisable to modify Sec. 90-568(26) on page 13 of the proposed ordinance, which prohibits off -premises signs outside of the Industrial Zoning district, to inform the reader that there are certain exceptions to this prohibition. Revisions to Sections 90-568 (26) and Section 90-574 are as follow: Section 90-568... (Prohibition of off -premises signs.) (26) Off -premises si in Pubfie Use, al! , on anv DroDerty other than ,Dronerty located within the Industrial Zoning District. except that certain off. Dremises signs are allowed as Drovided for under subsections (24)(a) and (25) of this section and in Sec. 90-574.. Does the City Council also wish to allow off - premises signs in the CHV District? CADocuments and Settings\Bil My Documents\ABE DATA\OKEECHOBEE\SIGN Regs\Memo2CC for 4-7- 2 09 mtg.doc — 3-20-09 Section 90-574. Off -premises signs. Except for signs on benches or bus shelters. which are permitted exceptions under, Subsection 90-568(24)(a). off-Dremises signs located in other than the Industrial. Zoning District are Dermitted only for directional Dumoses and must meet all of the following conditions,: Does the City Council also wish to change the above reference from Industrial to "CHV and Industrial"? This would be necessary if the City also wishes to allow off -premises signs in the CHV District. #11. The issue of commercial displays on motor vehicles, trailers, etc. still needs to be resolved. We offer the following explanation concerning this issue. The intent of Sec. 90-568 (25) as it is now proposed is to prevent the use of a vehicle or other device from being deliberately used to thwart the City's limitations on off - premises advertising. It is not intended to prevent businesses from displaying adver- tising on vehicles parked in a private parking lot or while traveling the roadways in the City. a. The language now proposed allows parking of vehicles, etc. on which are located commercial displays of less than 10 square feet, anywhere parking is permitted in the City. b. If the display is of greater than 10 square feet, the vehicle may be parked on publicly owned only for the period that the owner of the vehicle is visiting an establishment in the immediate vicinity. C. We realize that there will be those who try to get around the regulation and that identification of, and enforcement against, the occasional violator will be diffi- cult. However, we do not believe the occasional violator is the one with whom the City has issue. It is the habitual offender that needs to be addressed. Those who habitually violate the regulation can be more easily identified and enforce- ment can be accomplished because it is possible for the City to document continuing or frequent violations. CADocuments and Setdngs\Bill\My Documents\ABE DATA\OKEECHOBEE\SIGN Regs\Memo2CC for 4-7- 3 09 mtg.doc — 3-20-09 • � HswspA OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S. W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, thaA the attached copy of advertisement being a v 10 l It G in the matter of P 06 (}( c N ©t< < (E— in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said ) newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. j S o and subscribed before me this day of ADo�G'a Mary Public, State of Florid, at Large t't! P�% Janetta Thiboult Commission # DD505311 o Expires January 10, 2010 re 8*,M Tmy Fan VOOM a. Inc 0001107M OF an 55 axle sum Ila r» 0M WM (M) 763-M34 rftixyCmdlaftCkyaON • � aenc oadllp I•rWr d D Q�E ry paaal dw b eana.arol MPW to my Mft WW A Md'• MW ai In pa 10 tamale a VMho MW of go pp are•a'�d pWoee a ror • aft w�•d� �am�ioar=o oll MIsar" no aex 0 WD t e63.7633372 aQ15 r eeaha or va MAR le - FIRST MAD - FXNIVIT NO. APR 7w - FINAL-XlIIBIT NO. �-- ORDINANCE NO. 1043 AN ORDINANCEOFTHE CITYOF OKEECHOBEE, FLORIDA; PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER AS AUTHORIZED BY SECTION 196.075, FLORIDA STATUTES; PROVIDING FOR SCOPE OF THE EXEMPTION AND PROCEDURES FOR MAKING APPLICATIONFORTHEADDITIONALEXEMPTION; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 196.075, Florida Statutes, provides in accordance with Section 6(f), Article VI I of the Florida State Constitution, that the City of Okeechobee may adopt an Ordinance to allow an additional Homestead Exemption for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has obtained age sixty-five (65) years, and whose household income does not exceed $20,000.00, as adjusted by the consumer price index; and WHEREAS, the City of Okeechobee has a number of lower income residents who would meet the qualifications to receive an additional Homestead Exemption; and WHEREAS, it is in the best interest of the City of Okeechobee and its citizens that elderly low income residents receive assistance through the provision of an additional Homestead Exemption; and WHEREAS, estimates of the fiscal impact of granting various amounts of an additional exemption have been provided by the Okeechobee County Property Appraiser's Office. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That this Ordinance is being adopted under the Non -Emergency Ordinance procedure specified in Chapter 166, Florida Statutes. SECTION 2. In accordance with Section 196.075(2), Florida Statutes, an additional Homestead Exemption of $25,000.00 shall be granted for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65) years and whose household income does not exceed $25,873.00, and as adjusted annually on January 1, 2011 and subsequent years. If title is jointly held with right of survivorship, the person residing on the property and who otherwise qualifies, may receive the entire amount of the additional Homestead Exemption. Page 1 of 3 MAR 17'" - AW T READ - EXHIBIT NO. APR 7'" - FINAL-FXN/SIT NO. SECTION 3. That beginning January 1, 2010, the exemption amount described in Section Two above, shall be adjusted annually on January 1' by the percentage change in the average cost of living index in the period January 11 through December 31" of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer price index figures for the stated 12 month period, relative to the United States as a whole, issued by the United States Department of Labor. SECTION 4. That the exemption granted by this Ordinance applies only to ad valorem taxes levied by the City of Okeechobee and shall not apply to any other unit of government. SECTION 5. That the additional exemption provided by this Ordinance shall become effective for the 2010 calendar year and thereafter until amended or ne fealed. SECTION S. That any tax payer claiming the exemption provided herein shall annually submit to the Property Appraiser, not later than March 1 st, a sworn statement of household income on a form prescribed by the Department of Revenue. The application shall be accompanied by copies of any federal income tax return for the prior year, any wage or earning statements (W-2 forms), and any other documents required by Section 196.075, Florida Statutes or Rules promulgated by the Department of Revenue pursuant to that statute. The Tax Payer by sworn statement must attest to the accuracy of the copies and the Property Appraiser shall not grant the exemption without the required documentation. SECTION 7. That any person who is not entitled to the additional Homestead Exemption and was granted such an exemption is subject to penalties, interest and liens pursuant to Section 196.075(9). SECTION 8. The City Clerk shall, prior to December 1, 2009, provide a copy of the Ordinance approving this Article to the Property Appraiser, and, in the event this Article is subsequently repealed or modified, notification of such repeal or modification shall be provided to the Property Appraiser not later then December 1't of the year prior to the year in which the Homestead Exemption provided herein expires or is modified. SECTION 8. The City Council of the City of Okeechobee hereby reserves the right to Weal, in part or in its entirety, the additional Homestead Exemption provided in this Article. Nothing herein shall be construed as creating a vested or other legal or equitable right to the additional Homestead Exemption provided in this Article. SECTION 10. Page 2 of 3 MAR 17m - FIRST READ - EMIRIT NO. APR 70 - FINAL -MIRIT NO. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected thereby, and it will be presumed that the City Council of the City of Okeechobee did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 11. That the sections, subsections, paragraphs and other divisions contained in this Ordinance may be re -numbered for incorporation or consistency with any existing or future codification of the Ordinances of City of Okeechobee, Florida. SECTION 12. That this Ordinance shall take effect upon receipt of the official acknowledgment from the Office of the Secretary of State of Florida in the manner prescribed by law. INTRODUCED for first reading and set for final public hearing on this 171 day of March, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of April, 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W.17th Street, Suite D, Okeechobee, FL 34974 (863) 763,nM Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, th t the attached copy of advertisement being ac?6 G (V+fi ce in the matter of P olo (" C lJ Qt ( C'e-- - in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of t1A G->{ tE c27, 2609 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said I newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. J� S orrot and subscribed before me this day of .AD Mary Public, State of Florid at Large 20��"" P�e�� Janette Thiboult .Commission # DD505311 "� o` Expires Janu�y 10, 2010 pF eaieatl Tmy Fax ummrann. Inc a0p3aS7019 EM>W Ma #9to on MtI.3XBta C d t 55 SEjWe., OlwechobM Calldw2 a PURL Ic POMM aana win pia MWkM WO Of* ax I wo or ra DIIBIT 3 A>Px 7, 2009 ORDINANCE NO. 10" AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE CODE OF ORDINANCES, MUNICIPAL PURCHASING, SECTION 2-282, TO ADD DEFINITIONS AND SECTION 2- 290, LOCAL VENDOR PREFERENCE; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has adopted Section 2-282 of the Code of Ordinances to define words, terms and phrases for Municipal Purchasing; and WHEREAS, the City of Okeechobee, Florida, has amended Section 2-282 of the Code of Ordinances by adding definitions of words, terms and phrases for Municipal Purchasing; and WHEREAS, the City of Okeechobee, Florida, has added Section 2-290 to the Code of Ordinances, Local Vendor Preference, to establish guidelines and procedures for those City businesses who respond to invitations to bid, requests for proposals and quotations for the procurement of general services, goods or professional services, except where federal or state law mandates to the contrary. NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Sections 2-282. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Business location means a permanent office or other site where a local, business conducts. enaaaes in or carries on all or a portion of its business:, has personnel. eauiDment and materials within the boundaries of the Count/ sufficient to constitute a present ability to Derform the service and/or orovide the aoods. Business stationery and business cards must make a specific, reference to a county address. A Dost office box or a location at a Dostal, service center shall not constitute a business location. Citv business means anv Derson. firm. partnership, comDanv or comoration who Dossesses a current Citv Business Licence Tax Receipt and is, authorized to enaaoe in the particular business for which a proposal is submitted. and whose DrinciDal Dlace of business. in the sole opinion of the Citv. is located within the City. Contractual services means all services involving labor activities, but shall not include professional services or services provided by franchise. Countv business means any person, firm. partnership. comDanv or corporation which is duly licensed and authorized to enaaae in the Darticular business for which a proposal is submitted. and whose Drincipal place of business. in the sole opinion of the citv. is located within the boundaries of the countv. Language to be added Is underlined Ordinance No. 1044 Page 1 of 4 Goods includes. but is not limited to. supplies. eauipment. materials and, printed matter. Local business means a business located within the countv. Local vendor means any persons. firms. sole proprietorships. partnership.. companies. or coroorations. located within the Citv. offerina to contract with, the Citv for goods and/or services,. Low bid means a vendor aualified to perform the work required under the, invitation to bid. reauest for pr000sal. or auotation. meetina all conditions and has submitted the lowest price in the bid response. which shall also include, the consideration as identified under consideration for award,. Professional services means anv services where the City is obtaining advice, instruction or specialized work from an individual firm or corporation, specifically aualified in a particular area. Such term does not include those, services procured pursuant to (F.S. & 287.055). Qualified local business means a City business satisfyina the reauirements underthe bid. reauestfor proposal. orauotation guidelines and consideration, for award to perform the services or goods requested. Supplies means materials, equipment, and other tangible and consumable goods, which terms may be interchangeably used in this division. Using agency means any department in City government for which a supply or service is being procured. Section 2. Section. 2-290. Local Vendor Preference. �1 The Citv shall aive a five percent preference to aualified City businesses and a three percent preference to aualified county businesses who respond to, invitations to bid. reauests for proposals and auotations for the procurement, of aeneral services. 000ds or professional services. exceflt where federal or state law mandates to the contrary. No business shall be aualified to receive, a preference amount that exceeds five percent,. The Citv reserves the riaht to compare. contrast and otherwise evaluate the, auality of materials. oualifications. character. responsibilib/ and fitness of all. persons. firms. partnerships. companies or corporations submittina formal, bids. reauests for proposals. and auotations for the procurement for Goods, and/or services when makina an award in the best interest of the Cih+. Open market purchases as defined in Section 2-286. will not necessarilv be, subiect to the local vendor preference purchase,. W The Citv Council may award at their discretion.: Lal A local vendor preference in the amount of five percent or, $25.000.00. whichever is less. on purchases in excess of $25.000.00 to aualified Citv businesses: and A local vendor preference in the amount of three percent or, $25.000.00. whichever is less. on purchases in excess of $25.000.00 to aualified countv businesses. Local vendor preference awards will be made to responsible aualified local, businesses. The local vendor preference may be waived if the cost of the award would exceed the budaet of the Cibi for the aeneral services and/or aoods reauested. Language to be added Is underlined Ordinance No. 1044 Page 2 of 4 6 The Citv Council reserves the exclusive right to exercise the option as to, whether or not to apply the local vendor preference to anv procurement. M The method outlined for tie bids in the Durchasina Dolicies and arocedures manual will be used to determine the final award in the event two or more, formal bids. reauests for proposals. or auotations are received and are equal, after calculatina the aDDroDriate local vendor preference,. Persons. firms. oartnerships. companies or corporations who desire to be, considered for the local vendor Dreference must complete an aDDlication and, affidavit Drovided in the solicitation documents and return it with their bid,, request for DroDosal. or auotation. Upon a findin4 by the Citv that the aDDlication and affidavit is sufficient and meets the local vendor criteria, the, Derson. firm. Dartnerships. companies or corporation that Drovide the, aDDlication and affidavit with their solicitation will be allowed to receive a local, vendor Dreference. Vendors shall not have the oDDortunity to chanae the aDDlicaiton or affidavit once submitted to the Cibt and shall have the burden, of demonstrating that it meets the definition,. The local vendor Dreference as Drovided in this Section shall not aDDly to the followina contracts or purchases,: f Ja Professional services which are subiect to the State of Florida, Consultants ComDetitive Neaotiations Act (F.S. S 287.0551. Ltj Purchases or contracts for which fund ina is received and local vendor Dreference is prohibited Dursuant to anv laws. rules. regulations or policies. U Purchases made utilizina cooDerative Durchasina aareements with, other aovernmental entities,. fM Purchases made under emeraencv Drocedure situations as set forth, in the Durchasina Dolicv and Drocedures manual. on file in the City, Clerk's Office. U Purchases made for items that have been deemed as a sinale source, and/or standard items utilized by the Citv. Section 3. Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 5. Effective Dame. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 71 of April, 2009. Language to be added Is underlined Ordinance No. 1044 Page 3 of 4 James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 211 day of April, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added Is underlined Ordinance No. 1044 Page 4 of 4 Financial Statements Year Ended September 30, 2008 CITY OF OKEECHOBEE, FLORIDA Table of Contents As of September 30, 2008 Page Introductory Section Title Page 1 Table of Contents 2 City Officials 3 Financial Section Independent Auditors' Report 5 Management's Discussion and Analysis 7 Basic Financial Statements Government -wide Financial Statements • Statement of Net Assets — Governmental Activities 15 • Statement of Activities — Governmental Activities 16 Fund Financial Statements Governmental Funds • Balance Sheet 18 • Statement of Revenues, Expenditures, and Changes in Fund Balances 20 • Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 22 Fiduciary Funds (Component Units that are Fiduciary in Nature) • Statement of Fiduciary Net Assets — Pension Trust Funds 23 • Statement of Changes in Fiduciary Net Assets — Pension Trust Funds 24 Notes to Financial Statements 25 Required Supplementary Information Other Than Management's Discussion and Analysis • Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund 44 • Notes to Required Supplementary Information 45 • Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 47 • Independent Auditors' Management Letter 51 • Affidavit of Impact Fee Compliance 55 CITY OF OKEECHOBEE, FLORIDA City Officials As of September 30, 2008 James E. Kirk Mayor, Chairman Roscoe Lowry Markham Dowling R Watford, Jr. Clayton Williams Lydia Jean Williams Council Members John R. Cook City Attorney Brian Whitehall City Administrator Lane Gamiotea City Clerk India Riedel Account Supervisor Herbert Smith Chief of Fire Denny Davis Chief of Police Donnie Robertson Director of Public Works Oscar Bermudez City Engineer 3 THIS PAGE IS INTENTIONALLY LEFT BLANK. Independent Auditors' Report The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2008, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City of Okeechobee, Florida's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the fiduciary fund type and the discretely presented component unit. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the fiduciary fund type and the discretely presented component unit is based on the reports of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining field information of the City of Okeechobee, Florida, as of September 30, 2008, and the respective changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated April 1, 2009, on our consideration of the City of Okeechobee, Florida's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit Cerdfu' dPubUeAceouutanu 215 Baytree Drive ( Melbourne, FL 329401 p: (321) 255.00881 F (321) 259.8648 2221 Lee Road, Suite 15 ( Winter Park, FL 32789 ( p: (407) 422.16811 E (407) 423.1681 www hoyman.corn The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two Management's discussion and analysis (pages 7 through 12) and budgetary comparison information (pages 44 through 45) are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. **"o,n Hoyman Dobson Melbourne, Florida April 1, 2009 6 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2008 Our discussion and analysis of the City of Okeechobee, Florida's (the City) financial performance provides an overview of the City's financial activities for the year ended September 30, 2008. Please read it in conjunction with the City's basic financial statements, which immediately follow this discussion. FINANCIAL HIGHLIGHTS The following are highlights of financial activity for the year ended September 30, 2008: • The City's total assets exceeded its liabilities at September 30, 2008 by $18,564,845. • The City's total revenues were $6,926,577 for the year ended September 30, 2008, compared to total expenses of $5,613,885, which resulted in a $1,312,692 increase in net assets. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to basic financial statements. A. Government -Wide Financial Statements The government -wide financial statements, which consist of the following two statements, are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private sector business. The statement of net assets presents information on all of the City's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements can be found on pages 15 and 16 of this report. B. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City's funds can be divided into two fund types: governmental funds and fiduciary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the year. Such information may be useful in evaluating a government's near -term financing requirements. 7 CITY OF OKEECHOBEE, FLORMA Management's Discussion and Analysis September 30, 2008 B. Fund Financial Statements (continued) Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the City's near -term financing decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures and changes in fund balances provide reconciliations to facilitate this comparison between governmental funds and governmental activities. The basic governmental fund financial statements can be found on pages 18 through 22 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government -wide financial statement because the resources of those funds are not available to support the City's own programs. The basic fiduciary fund financial statements can be found on pages 23 and 24 of this report. C. Notes to Basic Financial Statements The notes provide additional information that is essential for a full understanding of the data provided in the government -wide and fund financial statements. The notes to basic financial statements can be found on pages 25 through 41 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of financial position. The following table reflects the condensed government -wide statement of net assets. City of Okeechobee Statement of Net Assets Current and other assets Capital assets Total assets Other liabilities Noncurrent liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets 2008 11,852,801 7,815,361 19,668,162 203,591 899,726 1,103,317 7,220,632 787,942 10,556,271 18,564,845 2007 10,965,592 7,239,350 18,204,942 260,562 692,227 952,789 6,817,917 1,341,393 9,092,843 17,252,153 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2008 Governmental Activities Total net assets increased by approximately $1.3 million primarily as a result of an approximately $1.5 million increase in total assets, offset by the approximately $200,000 increase in non -current liabilities, due primarily to the addition of the capital lease for the CAD system. The increase in total assets was due to an approximately $635,000 increase in cash and cash equivalents, combined with an approximately $576,000 increase in capital assets, which was due largely to the completion of the commerce park project. The increase in cash resulted mainly from revenues exceeding expenditures in the general fund. The following table shows condensed revenue and expense data: City of Okeechobee, Florida Statement of Activities REVENUES: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Property taxes Public utility taxes Franchise fees Shared revenues Investment income and other Total revenues EXPENSES: General government Public safety Transportation Physical environment Interest on long-term debt Total expenses Change in net assets NET ASSETS, beginning NET ASSETS, ending 2008 2007 $ 777,979 $ 801,798 820,690 723,757 196,560 602,489 2,205,807 2,168,099 802,096 838,959 545,528 571,394 1,298,145 1,246,198 279,772 1,072,465 6,926,577 8,025,159 1,186,333 1,161,038 3,074,911 2,884,814 611,782 765,519 712,910 838,922 27,949 24,253 5,613,885 5,674,546 1,312,692 2,350,613 17,252,153 14,901,540 $ 18,564,845 $ 17,252,153 9 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2008 Governmental Activities (continued) The City experienced a decrease of approximately 13.7% in total revenues - a $1.1 million decrease to $6.9 million. Capital grants and contributions decreased approximately $406,000 based on the completion of the Commerce Park Street Project. The approximately $793,000 decrease in investment income and other revenue is due primarily to the prior year sale of a commercial lot within the commerce park. There were no such lot sales. in the current year. Total expenses decreased approximately $61,000. A reduction in insurance costs from changing plans, and a reduction in required pension contributions are major factors in decreasing expenses even with an increase in salary and fuel costs. FUND FINANCIAL ANALYSIS As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $10,916,675, an increase of $922,193 in comparison with the prior year. Approximately 90.8 percent of this total amount, $9,917,324, constitutes unreserved fund balance, which is available for spending at the government's discretion. The remainder of fund balance is reserved to indicate that it is not available for new spending because it has already been committed 1) for public facilities of $785,345 and 2) for a variety of other restricted purposes of $214,006. The general fund is the chief operating fund of the City. At the end of the current fiscal year, unreserved fund balance of the general fund was $9,179,614 while total fund balance was $10,176,368. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance and total fund balance represent approximately 131% and 145% of total general fund expenditures, respectively. The Community Development Capital Project fund has a fund balance of $6,574 from interest income as of September 30, 2008. The community development project was being funded on a reimbursement basis with federal and state grant funds. 10 CITY OF OKEECHOBEE.) FLORIDA Management's Discussion and Analysis September 30, 2008 General Fund Budgetary Highlights The amount appropriated for expenditures decreased from $8,070,939 to $7,030,370, a decrease of $1,040,569. The amounts expended in the categories of police exceeded the budgeted amounts by a total of $201,955, which was predominantly offset by an excess of actual versus budgeted capital lease proceeds. The variances between budgeted and actual items were due primarily to costs associated with the capital lease entered into for the CAD system. CAPITAL ASSETS AND LONG-TERM LIABILITIES Capital assets. The City's investment in capital assets as of September 30, 2008, amounts to $7,815,361 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, equipment, and construction in progress. During the year, the City's net capital asset balance increased $576,011 from $7,239,350. Major changes to capital assets during the current fiscal year included the following: • Entered into a lease for twenty-four police vehicles. • Sold 24 used police vehicles. • Purchase of equipment (2-dump trucks and a tractor). • Laser fiche expansion for records retention • Completion of Commerce Park street project • Asphalt and resurfacing of streets • Entered into a lease/purchase for CAD system • Commencement of additional storm water retention • Apparatus and equipment for ladder truck City's Capital Assets (net of depreciation) 2008 2007 Land $ 1,257,925 $ 1,257,925 Buildings 1,198,599 1,252,517 Improvements other than building 3,628,846 3,319,233 Equipment 1,214,794 904,615 Construction in progress 515,197 505,060 Total $ 7,815,361 $ 7,239,350 Additional information on the City's capital assets can be found in note 4.C. on pages 34 through 35 of this report. 11 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2008 Long-term Liabilities City's Outstanding Debt Long-term Liabilities 2008 2007 Capital leases $ 594,729 $ 421,433 Compensated absences 304,997 270,794 Total $ 899,726 $ 692,227 The City's long-term liabilities increased $207,499 during the current fiscal year. The addition of a new capital lease for a replacement CAD system for public safety was the major increase for the long-term liabilities, as well as the increased additional liability for compensated absences. Additional information on the City's long-term debt can be found in notes 4.E. and 4.17. on pages 35 through 36 of this report. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET The City Council adopted the millage rate 6.7432 for budget year 2009 as compared to 6.5010 for 2008. With the implementation of the additional homestead exemption up to $25,000 and the exemption of up to $25,000 of tangible personal property tax for businesses, the taxable value prior to new construction decreased by $24.19 million. New construction values added $11.05 million, leaving a net decrease affect from last year of $13.14 million Revenues for the fiscal year 2009 adopted budget for all funds of the City total approximately $17,700,000, an increase from the prior year budget of approximately $2.0 million. These revenues represent restricted and unrestricted fund balances including General, Public Facility, Capital Projects, and Special Law Enforcement funds. The change in revenue is based mostly on the Capital Improvement Project Fund which includes the fund balance for the prior year's sale of land as well as additional revenue. The New Local Option Gas Tax will be received for the full fiscal year as well as the addition of the Ninth cent to the split of gas tax revenues between the city and the county which also will affect the transportation revenues. Expenditures for the fiscal year 2009 adopted budget for all funds of the City total approximately $6,900,000, a decrease of approximately 4.17% from the prior year budget for all funds of approximately $7,200,000. Changes to the 2009 budget, coupled with a 7.7% decrease in expenditures in the 2008 budget, results in an 11.87% decrease over a two-year period. The major changes occur in the General Fund and Public Facilities Fund. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the City of Okeechobee's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, Florida 34974. 12 BASIC FINANCIAL STATEMENTS 13 THIS PAGE IS INTENTIONALLY LEFT BLANK. 14 CITY OF OKEECHOBEE, FLORIDA Statement of Net Assets - Governmental Activities September 30, 2008 ASSETS Cash and cash equivalents $ 10,498,823 Investments 217,697 Accounts receivable 103,620 Due from other governments 310,677 Inventory 23,717 Overfunded pension costs 698,267 Capital assets: Nondepreciable Land 1,257,925 Construction in progress 515,197 Depreciable, net of accumulated depreciation Buildings 1,198,599 Improvements other than buildings 3,628,846 Equipment 1,214,794 Total assets 19,668,162 LIABILITIES Accounts payable 132,758 Accrued expenses 30,986 Unearned revenue 39,847 Noncurrent liabilities: Due within one year 142,952 Due in more than one year 756,774 Total liabilities 1,103,317 NET ASSETS Invested in capital assets, net of related debt 7,220,632 Restricted for: Law enforcement 2,597 Public facilities 785,345 Unrestricted 10,556,271 Total net assets $ 18,564,845 The accompanying notes are an integral part of this financial statement. 15 CITY OF OKEECHOBEE, FLORIDA Statement of Activities - Governmental Activities Year Ended September 30, 2008 Program Revenues Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions General government $ 1,186,333 $ 683,754 $ 212,951 $ - Public safety 3,074,911 30,911 - 44,552 Transportation 611,782 63,314 607,739 16,442 Physical environment 712,910 - - 135,566 Interest on long term debt 27,949 - - - Total governmental activities $ 5,613,885 $ 777,979 $ 820,690 $ 196,560 General revenues Property taxes Public utility taxes Franchise fees Shared revenues not restricted to specific programs Unrestricted investment earnings Miscellaneous Total general revenues Change in net assets Net assets, beginning Net assets, ending Net (Expense) Revenue and Changes in Net Assets $ (289,628) (2,999,448) 75,713 (577,344) (27,949) (3,818,656) 2,205,807 802,096 545,528 1,298,145 272,246 7,526 5,131,348 1,312,692 17,252,153 $ 18,564,845 The accompanying notes are an integral part of this financial statement. 16 THIS PAGE IS INTENTIONALLY LEFT BLANK. IVA CITY OF OKEECHOBEE, FLORIDA Balance Sheet - Governmental Funds September 30, 2008 ASSETS Cash and cash equivalents Investments Accounts receivable Due from other governments Due from other funds Inventory Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Accrued expenses Due to other funds Unearned revenue Deferred revenue Total liabilities Fund balances: Reserved for: Encumbrances Inventory Law enforcement Public facilities Unreserved, undesignated Total fund balances Total liabilities and fund balances Community Development Nonmajor General Capital Project Funds $ 9,403,713 $ 361,377 $ 733,733 217,697 - - 103,620 - - 310,677 - - 354,803 - - 23,717 - - $ 10,414,227 $ 361,377 $ 733,733 $ 132,758 $ - $ - 30,986 - - - 354,803 - 39,847 - - 34,268 - - 237,859 354,803 - 187,692 - - 23,717 - - - - 2,597 785,345 - - 9,179,614 6,574 731,136 10,176,368 6,574 733,733 $ 10,414,227 $ 361,377 $ 733,733 Amounts reported for governmental activities in the statement of net assets are different because: Negative net pension obligation resulting from overfunding of the police officers' and firefighters' pension plans. Deferred revenue recorded in the funds has been reversed and recorded as revenue in governmental activities. Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Long-term liabilities, including capital leases and compensated absences are not due and payable in the current period and, therefore, are not reported in the funds. Net assets of governmental activities The accompanying notes are an integral part of this financial statement. 18 Total Governmental Funds $ 10,498,823 217,697 103,620 310,677 354,803 23,717 $ 11,509,337 $ 132,758 30,986 354,803 39,847 34,268 592,662 187,692 23,717 2,597 785,345 9,917,324 10,916,675 698,267 34,268 7,815,361 (899,726) $ 18,564,845 19 CITY OF OKEECHOBEE, FLORIDA Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds Year Ended September 30, 2008 Revenues Taxes Intergovernmental Charges for services Permits and fees Fines and forfeitures Investment earnings Miscellaneous Total revenues Expenditures Current: General government Public safety Transportation Physical environment Capital outlay Debt service: Principal retired Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses) Transfers in/(out) Capital lease proceeds Proceeds from sale of capital assets Total other financing sources (uses) Net change in fund balances Fund balances (deficit), beginning of year Fund balances, end of year Community Development Nonmajor General Capital Project Funds $ 2,942,449 $ - $ - 2,412,307 13,096 - 436,366 - - 701,544 - 60,994 41,311 - - 197,214 6,574 13,483 7,526 - 4,470 6,738,717 19,670 78,947 1,095,829 - - 2,880,477 - - 638,623 - - 471,778 13,096 - 1,409,485 - - 504,926 - - 27,949 - - 7,029,067 13,096 - (290,350) 6,574 78,947 (7,007) 7,007 - 678,222 - - 448,800 - - 1,120,015 7,007 - 829,665 13,581 78,947 9,346,703 (7,007) 654,786 $ 10,176,368 $ 6,574 $ 733,733 The accompanying notes are an integral part of this financial statement. 20 Total Governmental Funds $ 2,942,449 2,425,403 436,366 762,538 41,311 217,271 11,996 6,837,334 1,095,829 2,880,477 638,623 484,874 1,409,485 504,926 27,949 7,042,163 (204,829) 678,222 448,800 1,127,022 922,193 9,994,482 $ 10,916,675 21 CITY OF OKEECHOBEE, FLORIDA Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2008 Net change in fund balances - total governmental funds $ 922,193 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. 1,032,218 In the statement of activities, only the gain (loss) on the sale of capital assets is reported, whereas in the governmental funds, the proceeds from the sale increase financial resources. Thus, the change in net assets differs from the change in fund balance by the book value of the capital assets sold. (456,207) The net effect of overfunded pension contributions that are reported as expenditures in the fund financial statements and are recorded as a net pension asset on the statement of net assets. (2,565) The issuance of long-term debt (capital lease) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. This amount is the net effect of these differences in the treatment of long-term debt and related items. (173,296) Some revenue is recorded in the statement of activities, but since it does not provide current financial resources is not reported as revenue in the funds. 34,268 Revenues related to the sale of fill dirt in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. This is the amount of revenue related to the sale of fill dirt recorded in the statement of activities in the prior year, and now being reported as revenue in the governmental funds in the current year. (9,716) Compensated absences are reported in the statement of activities when earned. As they do not require the use of current financial resources, they are not reported as expenditures on governmental funds until they have matured. This is the amount of compensated absences reported in the statement of activities in the prior year that has matured in the current year. (34,203) Change in net assets of governmental activities $1,312,692 22 CITY OF OKEECHOBEE, FLORWA Statement of Fiduciary Net Assets - Pension Trust Funds September 30, 2008 COMPONENT UNIT General Pension Employees' Trust Funds Pension Trust ASSETS Cash equivalents $ 202,906 $ 288,406 Investments: Mutual funds 6,561,893 5,129,887 Receivables 69,650 52,356 Total assets 6,834,449 5,470,649 LIABILITIES Accounts payable 11,793 16,753 NET ASSETS Held in trust for pension benefits $ 6,822,656 $ 5,453,896 The accompanying notes are an integral part of this financial statement. 23 CITY OF OKEECHOBEE, FLORIDA Statement of Changes in Fiduciary Net Assets - Pension Trust Funds Year Ended September 30, 2008 ADDITIONS Contributions: State City Employees Total contributions Investment earnings: Net depreciation in the fair value of investments Interest and dividends Total investment earnings Less investment expenses Net investment loss Total additions (reductions) DEDUCTIONS Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year Pension Trust Funds $ 196,875 137,694 68,957 403,526 (939,528) 78,355 (861,173) (46,040) (907,213) (503,687) 178,619 14,976 34,010 227,605 (731,292) 7,553,948 $ 6,822,656 COMPONENT UNIT General Employees' Pension Trust 342,256 184,174 526,430 (730,260) 63,676 (666,584) (36,659) (703,243) (176,813) 198,516 32,980 18,306 249,802 (426,615) 5,880,511 $ 5,453,896 The accompanying notes are an integral part of this financial statement. 24 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. REPORTING ENTITY The City of Okeechobee (the City) was originally incorporated in 1915 and its present charter was adopted in 1919 under Chapter 8318 of Special Acts of 1919. The City operates under the council form of government and provides the following services: general government, public safety, transportation, and physical environment. These financial statements present the primary government and its component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are combined with data of the primary government. The City has no blended component units. Discretely presented component units are entities that are legally separate from the City, but whose relationship with the City are such that the exclusion would cause the City's financial statements to be misleading or incomplete. The financial data of these entities are reported in a separate column in the combined financial statements. Discretelv Presented Component Unit City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System — Substantially all of the City's general employees and the employees of the Okeechobee Utility Authority participate in this cost sharing, multiple employer public employee retirement system. The plan was established by City Ordinance No. 655, as amended and restated by City Ordinance No. 686. Complete financial statements for this component unit may be obtained from the City's administrative offices Iocated at: 55 S. E. Third Avenue Okeechobee, Florida 34974 B. GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. Governmental activities are those which normally are supported by taxes and intergovernmental revenues. Likewise the primary government is reported separately from certain legally separate component units for which the primary government is financially accountable. The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program reve- nues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. 25 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, charges for services, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds: The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The community development capital project fund accounts for the assets, liabilities, revenues and expenditures related to the construction of infrastructure and other improvements in the City of Okeechobee, Florida. Additionally, the City reports the following fund types: The pension trust fund account is used to account for assets held by the City in a fiduciary capacity for the police officers' and firefighters' pension plans. The funds are operated by carrying out specific terms of statutes, ordinances and other governing regulations. Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in the government -wide financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. The effect of interfund activity has been eliminated from the government -wide financial statements. 26 CITY OF OKEECHOBEE.) FLORIDA Notes to Financial Statements September 30, 2008 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION (CONTINUED) Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Expenses for compensated absences are allocated based on the assigned function of the related employee. When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first, then unrestricted resources as they are needed. D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY L Cash and investments The investment of municipal funds is authorized by local ordinance and Florida Statutes which allow the City to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest -bearing time deposits or savings accounts in qualified public depositories, direct obligations of the U.S. Treasury, commercial paper with certain ratings, pre -refunded municipal obligations, banker's acceptances maturing within one year, investment agreements, direct and general long-term and short-term obligations of any state with proper credit rating and full faith and credit pledge, municipal obligations with proper credit rating and repurchase agreements with maturities of 30 days or less with organizations with certain stipulations and requirements. The City of Okeechobee, Florida invests certain surplus funds in an external investment pool, the Local Government Surplus Funds Trust Fund (the "State Pool"). The State Pool is administered by the Florida State Board of Administration ("SBA"), who provides regulatory oversight. During the year ended September 30, 2008, the SBA reported that the State Pool was exposed to potential risks due to indirect exposure in the sub -prime mortgage financial market. Consequently, the SBA placed some restriction on how participants could access portions of their surplus funds and ultimately restructured the State Pool into two separate pools ("LPIG" and "Fund B"). The LPIG has adopted operating procedures consistent with the requirements for a 2a7-like fund. The City of Okeechobee, Florida's investment in the LPIG is reported at amortized cost. The fair value of the City's position in the pool is equal to the value of pooled shares. The Fund B is reported at fair value, determined by the fair value per share of the pool's underlying portfolio. The City pools the investments of its governmental funds. Investment earnings of the pool are allocated to the participating funds at the end of each month based on the ratio of each participant funds' investment to the total pooled investment. 27 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 1- SUMMARY -OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 1. Cash and investments (continued) Cash and cash equivalents include cash deposits, cash funds held in broker accounts, and investments held in the Local Government Surplus Funds Trust Fund (LPIG). Within the pension trust funds, plan assets are managed by Trusco Capital Management, Inc. The plans follow the investment guidelines as established within the ordinance. The pension trust funds are allowed to invest in the State Pool; obligations of the U.S. Government or agencies thereof; banking institutions within the state and other such institutions within the guidelines of the state statutes which are insured by the Federal Deposit Insurance Corporation; investments agreements; direct and general long-term obligations of any state with proper credit rating and full faith and credit pledge; municipal obligations with proper credit rating; annuity and life insurance contracts; bonds issued by the State of Israel; and stocks, bonds, and commingled funds administered by National or State banks or evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, provided that the corporation is listed on a nationally recognized exchange and holds proper credit ratings as set forth by a major credit rating service. These equity investments are not to exceed 60% of the assets of the pension trust funds on a cost basis. Temporary investment funds held by the custodian in a money market fund are classified as cash equivalents within the investment account. Pension trust fund investments are reported at fair value. Short-term investments are reported at cost, which approximates fair value. Securities traded on a national or international exchange are valued at the last reported sales price. Mutual funds, comprised of proprietary funds and common and collective funds, are valued at net asset value based on the underlying investments. Interest is recognized when earned. Gains and losses from the sale or exchange of investments are recognized on the transaction date. The difference between the excess of fair value over cost represents unrealized gains. 2. Receivables and payables All trade and property tax receivables are considered to be fully collectible. The City's property tax is levied annually on the real and personal property located in the City on January 1 st of the prior year. Tax collections by the Okeechobee County tax collector begin in November of each year with a due date of March 31 of the following year. All property taxes remaining unpaid at May 30 are subject to a tax certificate sale. The City is permitted by state law to levy taxes up to 10 mills on assessed valuation for the General Fund. The tax rate for the fiscal year was 6.501 mills. 28 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 2. Receivables and payables (continued) The City Council determines the millage rates and adopts a tax levy by resolution prior to September 30 to fund the next ensuing fiscal year's budget. The assessment of all properties and collection of municipal taxes are provided by the County's Property Appraiser and Tax Collector. The ad valorem tax calendar is as follows: Lien date - January 1 Levy date - Prior to September 30 Due date - November 1 Delinquent date - April 1 All property taxes remaining unpaid at May 30 are subject to a tax certificate sale by the Tax Collector. 3. Inventory Inventories are valued at cost which approximates market, using the first-in/first-out (FIFO) method The costs of inventories are recorded as expenditures when used (consumption method). 4. Capital assets Capital assets, which include: property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Property, plant, and equipment is depreciated using the straight-line method over the following estimated useful lives: Assets Years Buildings 25-60 Building improvements 12-20 Vehicles 10 Equipment 5-15 29 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) S. Compensated absences It is the government's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. All sick and vacation pay is accrued when incurred in the government -wide financial statements. A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee resignations and retirements. 6. Unearned revenues Unearned revenues include amounts collected before the revenue recognition criteria are met. The unearned items consist primarily of license and permit revenues. 7. Deferred revenues Deferred revenues include receivables which, under the modified accrual basis of accounting, are measurable but not yet available to finance expenditures of the current fiscal period. 8. Long-term obligations In the government -wide financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net assets. In the governmental fund financial statements, the face amount of debt issued is reported as other financing sources. 9. Fund equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Reserves for encumbrances represent amounts remaining on outstanding purchase orders and contracts that are not available for appropriation. Reserves for inventory represent amounts paid from current resources for use in future years that are not available for appropriation. Reserves for law enforcement and public facilities represent amounts that are legally restricted by outside parties for specific purposes. 10. Change in presentation In the fund financial statements, governmental funds reported approximately $571,000 of franchise fees as taxes in the prior year. However, due to changes in the State Chart of Accounts, current year franchise fees of approximately $545,000 are reported as permits and fees. In the fund financial statements, governmental funds reported approximately $61,000 of business tax receipts as permits and fees in the prior year. However, due to changes in the State Chart of Accounts, current year business tax receipts of approximately $71,000 are reported as tares. 30 CITY OF OKEECHOBEE) FLORIDA Notes to Financial Statements September 30, 2008 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS A. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS The governmental fund balance sheet includes a reconciliation between fund balance -total governmental funds and net assets governmental activities as reported in the government -wide statement of net assets. One element of that reconciliation states that "deferred revenue recorded in the funds has been reversed and recorded as revenue in the governmental activities." The details of this $34,268 difference are as follows: FEMA grant revenue — Tropical Storm Fay $ 15,976 Charges for services — maintenance contract with FDOT 18,292 Net adjustment to increase fund balance - total governmental funds to arrive at net assets -governmental activities $ 34,268 Another element of that reconciliation states that "long-term liabilities, including capital leases and compensated absences, are not due and payable in the current period and therefore, are not reported in the funds." The details of this $(899,726) difference are as follows: Capital leases payable $ (594,729) Compensated absences (304,997) Net adjustment to reduce fund balance - total governmental funds to arrive at net assets -governmental activities $ (899,726) B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES The governmental fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net changes in fund balances - total governmental funds and changes in net assets of governmental activities as reported in the government -wide statement of activities. One element of that reconciliation explains that "governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense." The details of this $1,032,218 difference are as follows: Capital outlay $ 1,409,485 Personnel costs related to self -constructed assets 26,841 Depreciation expense (404,108) Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities $ 1,032,218 31 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (COTINUED) B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES (CONTINUED) Another element of that reconciliation states that "the issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds." Neither transaction, however, has any effect on net assets. The details of this $(173,296) difference are as follows: Debt issued or incurred: Capital lease financing $ (678,222) Principal repayments 504,926 Net adjustment to decrease net changes in fund balances — total governmental funds to arrive at changes in net assets ofgovernmental activities $ (173,296) Another element of that reconciliation states that "some revenues are recorded in the statement of activities, but since they do not provide current financial resources, are not reported as revenue in the funds." The details of this $34,268 difference are as follows: FEMA grant revenue — Tropical Storm Fay $ 15,976 Charges for services — maintenance contract with FDOT 18,292 Net adjustment to increase net changes in fund balances — total governmental funds to arrive at changes in net assets of governmental activities $ 34,268 NOTE 3 — STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. BUDGETARY INFORMATION As permitted by GASB Statement No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments, the City has elected to disclose all budgetary information in the notes to the required supplementary information. NOTE 4 — DETAILED NOTES ON ALL FUNDS A. DEPOSITS AND INVESTMENTS At year end, the City's (Primary Government) carrying amount of deposits was $10,498,485 and the bank balance was $10,602,400. Monies invested in amounts greater than the FDIC insurance coverage are secured by the banks pledging securities with the State Treasurer in the multiple financial institutions collateral pool. See also previous information outlined in Note 1.D.1 regarding the City's policies on cash and investments. In addition, the City maintained $324 of petty cash. Effective October 3, 2008, the federal government temporarily increased the FDIC deposit insurance from $100,000 to $250,000 per depositor through December 31, 2009, at which time it will revert back to $100,000. 32 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) A. DEPOSITS AND INVESTMENTS (CONTINUED) At September 30, 2008, the City had the following investments: Primary government: SBA (LGIP) $ 14 SBA Fund B 217,697 Primary government total $ 217,711 Pension trust funds: Money market $ 491,312 Stock mutual fund 6,033,456 International stock mutual fund 868,264 Bond mutual fund 4,790,060 Pension trust funds total $ 12,183,092 Credit risk Fixed income securities have inherent financial risks, including credit risk and interest rate risk. Credit risk for fixed income securities is the risk that the issuer will not fulfill its obligations. The City's investment policy and the investment policies for the pension trust funds limit investments to securities with specific ranking criteria. As of September 30, 2008, the City's investment in the LPIG was rated AAAm by Standard &. Poors. As of September 30, 2008, the City's investment in Fund B was unrated. As of September 30, 2008, the City's pension trust funds investment in bond mutual funds was unrated. Interest rate risk Interest rate risk exists when there is a possibility that changes in interest rates could adversely affect an investment's fair value. In accordance with Florida Statute 218.415(6), the City's policy is to match investment maturities with known cash needs and anticipated cash flow requirements. The City's pension trust funds do not address interest rate risk. As of September 30, 2008, the LPIG had a weighted average maturity of 8.5 days and the Fund B had a weighted average life of 9.36 years. As of September 30, 2008, the City's pension trust funds investments in money market funds had a weighted average maturity of 33 days. As of September 30, 2008, the City's pension trust funds investments in bond mutual funds had a weighted average maturity of 7 years with an effective duration of 3.6 years. Concentration of credit risk Concentration of credit risk is an increased risk of loss that occurs as more investments are acquired from one issuer (i.e. lack of diversification). The City's investment policy and the investment policies for the pension trust funds do not specifically address concentration of credit risk. 33 CITY OF OKEECHOBEE, FLORMA Notes to Financial Statements September 30, 2008 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES Receivables as of September 30, 2008 are as follows: Municipal Municipal Police Officers' Firefighters' Pension Pension General Fund Trust Trust Franchise/Utility taxes $ 95,049 $ - $ - Contributions - 41,444 28,206 Other 8,571 - - Receivables, net $ 103,620 $ 41,444 $ 28,206 C. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2008 was as follows: Beginning Balance Increases Governmental activities: Capital assets, not being depreciated: Land $ 1,257,925 Construction in progress 505,060 Total capital assets, not being depreciated 1,762,985 Capital assets, being depreciated: Buildings 1,673,013 Improvements other than buildings 4,121,755 Equipment 1,855,269 Total capital assets being depreciated 7,650,037 Less accumulated depreciation for: Buildings (420,496) Improvements other than buildings (802,522) Equipment (950,654) Total accumulated depreciation (2,173,672) Total capital assets, being depreciated, net 5,476,365 Governmental activities capital assets, net $ 7,239,350 515,197 515,197 505,060 921,129 1,426,189 (53,918) (195,447) (154,743) (404,108) 1,022,081 $ 1,537,278 Decreases (505,060) (505,060) (523,521) (523,521) 67,314 67,314 (456,207) $ (961,267) Component Unit General Employees Pension Trust 52,356 $ 52,356 Ending Balance $ 1,257,925 515,197 1,773,122 1,673,013 4,626,815 2,252,877 8,552,705 (474,414) (997,969) (1,038,083) (2,510,466) 6,042,239 $ 7,815,361 Included in current year construction in progress additions are $26,841 of personnel costs related to self - constructed assets, which are not included in capital outlay in the statement of revenues, expenditures, and changes in fund balances. 34 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) C. CAPITAL ASSETS (CONTINUED) Depreciation expense was charged to functions/programs of the government as follows: Governmental activities: General government $ 17,138 Public safety 156,781 Physical environment 230,189 Total depreciation expense - governmental activities $ 404,108 D. INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS The composition of interfund balances as of September 30, 2008, is as follows: Due to/from other funds: Receivable Fund General Payable Fund Amount Community Development Capital Project $ 354,803 The City's capital projects are partially funded by federal grants on a reimbursement basis. The City advanced funds from the General Fund to the Capital Project Fund for the payment of the project costs. E. CAPITAL LEASE The government has entered into lease agreements as lessee for financing the acquisition of certain computer equipment and vehicles for the police, fire and public works departments. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception dates. The assets acquired through the capital lease are as follows: Asset: Vehicles $ 483,384 Equipment 194,838 Total assets 678,222 Less: Accumulated depreciation (39,233) Total $ 638,989 35 CITY OF OKEECHOBEE, FLORMA Notes to Financial Statements September 30, 2008 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL LEASE (CONTINUED) Obligations of governmental activities under the capital lease at September 30, 2008, were as follows: Year Ending Sept. 30, Principal Interest Total 2009 $ 86,875 $ 29,510 $ 116,385 2010 91,499 24,886 116,385 2011 170,260 19,125 189,385 2012 204,269 9,447 213,716 2013 41,826 507 42,333 Total $ 594,729 $ 83,475 $ 678,204 F. CHANGES IN LONG-TERM LIABILITIES Long-term liability activity for the year ended September 30, 2008, was as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities: Capital lease $ 421,433 $ 678,222 $ (504,926) $ 594,729 $ 86,875 Compensated absences 270,794 140,740 (106,537) 304,997 56,077 Long-term liabilities $ 692,227 $ 818,962 $ (611,463) $ 899,726 $ 142,952 For the governmental activities, compensated absences and capital leases are generally liquidated by the general fund. NOTE 5 - v i riiic INFORMATION A. RISK MANAGEMENT The City is exposed to various risks of loss, including, but not limited to theft, damage or destruction of its buildings, equipment, records, and monetary assets, and liability for personal injury, property damage, and consequences of employee and public official actions. The City participates in a non -assessable public risk pool to cover significant loss exposure and purchases commercial insurance for third party pollution liability coverage. The pool maintains a loss reserve and purchases specific excess insurance, aggregate excess insurance and multiple loss coverage from commercial carriers and underwriters. 36 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 5 — "i aj&o. INFORMATION (CONTINUED) B. RETIREMENT COMAUTMENTS — DEFINED BENEFIT PLANS Plan Descriptions — The City contributes to two single -employer defined benefit pension plans: City of Okeechobee Municipal Police Officers' Pension Trust Fund and City of Okeechobee Municipal Firefighters' Pension Trust Fund (the Plans). The Plans provide retirement, disability, and death benefits to plan members and their beneficiaries. Chapters 185 and 175 of the Florida Statutes establish the minimum benefits and the minimum standards for the operation and funding of the Police Officers' and the Firefighters' Municipal Pension Trust Funds, respectively. Per City Ordinances Nos. 750 and 749, sole responsibility for administering the Plans is vested in the Board of Trustees of each plan. The Boards cannot amend the provisions of the plans without the approval of the City. The Plans issue publicly available financial reports that include financial statements and required supplementary information. The reports are available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. Funding Policies — The contribution requirements of plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 5% of their annual covered salary for the Police Officers' and Firefighters' Municipal Trust Funds. The City is required to contribute an amount equal to the difference in each year between the total aggregate member contributions for the year, plus state contributions for such year, and the normal cost for the year, as shown by the most recent actuarial valuation of the plan; the current rate is 10.26% for the Police Officers' plan and 1.26% for the Firefighters' plan. The City recognized as revenues and expenditures on -behalf payments relating to pension contributions for its public safety employees that the State of Florida paid to the Police Officers' and Firefighters' Plans in the amounts of $134,181 and $62,694, respectively. These contributions are funded by an excise tax upon certain casualty insurance companies on their gross receipts of premiums from policy holders. Annual Pension Cost — The annual required pension contributions for the Plans were determined as part of the October 1, 2008 actuarial valuations using the aggregate actuarial cost method. The aggregate actuarial cost method does not identify or separately amortize unfunded actuarial liabilities. The actuarial assumptions included (a) 7% investment rate of return (net of administrative expenses) for both the Police Officers' Trust and Firefighters' Trust and (b) projected salary increases of 6% and 7% for the Police Officers' Trust and Firefighters' Trust, respectively. Both (a) and (b) included an inflation component of 3.5% and 41/o for the Police Officers' Trust and Firefighters' Trust, respectively. The actuarial value of assets was determined using a method which recognizes actual investment return in excess of the assumed return evenly over a four year period. MA CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 5 — OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMrrMENTS — DEFINED BENEFTT PLANS (CONTINUED) Trend information for each of the City's defined benefit plans: Annual Percentage Net Year Pension Of APC Pension Ended Cost (APC) Contributed Obligation Municipal Police Officers' 9/30/06 $ 278,439 96 % $ (348,367) 9/30/07 255,926 96 (339,019) 9/30/08 235,107 96 (328,640) Municipal Firefighters' 9/30/06 $ 80,824 96 % $ (357,774) 9/30/07 80,896 105 (361,813) 9/30/08 69,288 111 (369,627) Pension Plan — Discretely Presented Component Unit Plan Description - The City contributes to the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System (the System), a cost -sharing multiple employer defined benefit pension plan administered by the System's Board of Trustees. The System provides retirement, disability, and death benefits to plan members and their beneficiaries. The Board of Trustees is authorized by City Ordinance No. 686 to establish and amend all plan provisions. The System issues a publicly available financial report that includes financial statements and required supplementary information. That report is available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. Funding Policy — The contribution requirements of the plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 6% of their covered annual salary. The City is required to contribute at an actuarially determined rate; the current rate is 11.15% of covered payroll. The City's contributions for the years ended September 30, 2008, 2007, and 2006 were $91,285, $87,634 and $81,262, respectively, and were equal to the required contributions for each year. 38 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 5 -1. Y niN .i, INFORMATION (CONTINUED) B. RETIREMENT COM TTMENTS — DEFINED BENEFIT PLANS (CONTINUED) Pension trust funds fiduciary net assets activity as of September 30, 2008 was as follows: COMPONENT Police Total UNIT General Firefighters' Officers' Pension Employees' Pension Pension Trust Funds Pension ASSETS Cash equivalents $ 52,951 $ 149,955 $ 202,906 $ 288,406 Investments: Mutual funds 1,953,786 4,608,107 6,561,893 5,129,887 Receivables 28,206 41,444 69,650 52,356 Total assets 2,034,943 4,799,506 6,834,449 5,470,649 LIABILITIES Accounts payable 4,031 7,762 11,793 16,753 NET ASSETS Held in trust for pension benefits $ 2,030,912 $ 4,791,744 $ 6,822,656 $ 5,453,896 39 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 5 - OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS - DEFINED BENEFIT PLANS (CONTINUED) Pension trust funds increase in fiduciary net assets activity as of September 30, 2008 was as follows: COMPONENT UNIT Police Total General Firefighters' Officers' Pension Employees' Pension Pension Trust Funds Pension ADDITIONS Contributions State City Employees Total contributions Investment earnings: Net depreciation in fair value of investments Interest and dividends Total investment earnings Less investment expenses Net investment loss Total additions (reductions) DEDUCTIONS Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year $ 62,694 $ 134,181 $ 196,875 $ - 16,014 121,680 137,694 342,256 23,074 45,883 68,957 184,174 101,782 301,744 403,526 526,430 (278,079) (661,449) (939,528) (730,260) 23,664 54,691 78,355 63,676 (254,415) (606,758) (861,173) (666,584) (13,732) (32,308) (46,040) (36,659) (268,147) (639,066) (907,213) (703,243) (166,365) (337,322) (503,687) (176,813) 30,782 147,837 178,619 198,516 2,736 12,240 14,976 32,980 15,418 18,592 34,010 18,306 48,936 178,669 227,605 249,802 (215,301) (515,991) (731,292) (426,615) 2,246,213 5,307,735 7,553,948 5,880,511 $ 2,030,912 $ 4,791,744 $ 6,822,656 $ 5,453,896 40 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2008 NOTE 5 — U i Ord zi . INFORMATION (CONTINUED) C. POSTEMPLOYMENT BENEFTTS "jL xi. m THAN PENSION As required by Section 112.0801, Florida Statutes, former employees who have retired prior to October 1, 1987, as well as those who retire on or after such date, and their eligible dependents, have the option to participate in the City's Group Health Insurance Plan. The City requires retirees to pay 100% of the premiums for retirees and their dependents. However, inclusion of retirees into the Plan represents an implicit cost to the City, as the claims experience of active employees is commingled with the claims experience of retirees to determine total health care costs per employee. The City funds this future implicit cost on a pay-as-you-go basis. As of September 30, 2008, there are 3 participants (retirees) receiving benefits. D. CONCENTRATION — COLLECTIVE BARGAINING UNIT Members of the City's fire department are covered by a collective bargaining agreement. The agreement with the employees covered by the International Association of Firefighter's (1AFF) extends through September 30, 2008. The agreement was subsequently negotiated through September 30, 2009. NOTE 6 - SUBSEQUENT EVENTS Long-term debt. The City entered into a 5 year capital purchase lease agreement for police vehicles on February 3, 2009. The City will make quarterly payments of $25,570, including principal and interest, through maturity. The - nominal annual interest rate is 4.85%. 41 THIS PAGE IS INTENTIONALLY LEFT BLANK. 42 REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MANAGEMENT'S DISCUSSION AND ANALYSIS 43 CITY OF OKEECHOBEE, FLORIDA Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual General Fund Year Ended September 30, 2008 Revenues Taxes Intergovernmental Charges for services Permits and fees Fines and forfeitures Investment earnings Miscellaneous Total revenues Expenditures Current: General government: Legislative Executive City Clerk Financial Services Legal Council General Services Total general government Public safety: Fire Police Total public safety Transportation Physical environment Capital outlay Debt service: Principal Interest Total debt service Total expenditures Deficiency of revenues under expenditures Other financing sources (uses) Operating transfers in (out) Capital lease proceeds Sale of capital assets Net other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances, beginning of year Fund balances, end of year Reconciliation of budgetary to GAAP basis Current year encumbrances Prior year encumbrances Fund balance on GAAP basis Actual Variance with Original Final (on Budgetary Final Budget Budget Budget Basis) Positive (Negative) $ 2,797,178 $ 2,910,246 $ 2,942,449 $ 32,203 2,367,545 2,412,065 2,412,307 242 417,532 418,100 436,366 18,266 579,948 695,321 701,544 6,223 28,358 41,307 41,311 4 160,000 205,232 197,214 (8,018) 1,500 13,825 7,526 (6,299) 6,352,061 6,696,096 6,738,717 42,621 140,408 123,917 123,904 13 165,396 152,165 152,091 74 186,914 180,279 180,262 17 209,779 193,693 193,620 73 80,742 48,841 48,840 1 473,635 413,836 407,811 6,025 1,256,874 1,112, 731 1,106,528 .6,203 1,299,061 1,169,109 1,168,992 117 1,839,568 1,758,762 1,960,717 (201,955) 3,138,629 2,927,871 3,129,709 (201,838) 1,225,520 1,128,198 1,073,662 54,536 1,457,555 833,044 831,179 1,865 518,392 540,036 539,164 872 455,000 464,298 464,298 - 18,969 24,192 24,192 - 473,969 488,490 488,490 - 8,070,939 7,030,370 7,168,732 (138,362) (1,718,878) (334,274) (430,015) (95,741) - - (7,007) (7,007) 468,803 483,384 678,222 194,838 441,500 448,800 448,800 - 910,303 932,184 1,120,015 187,831 (808,575) 597,910 690,000 92,090 9,346,703 9,346,703 9,346,703 - $ 8,538,128 $ 9,944,613 10,036,703 $ 92,090 187,692 (48,027) $ 10,176,368 The accompanying notes to required supplementary information are an integral part of this financial schedule. 44 CITY OF OKEECHOBEE, FLORIDA Notes to Required Supplementary Information September 30, 2008 A. BUDGETARY INFORMATION Annual budgets are adopted on a basis consistent with U.S. generally accepted accounting principles for all governmental funds. All annual appropriations lapse at fiscal year end. The City manager may make transfers of appropriations within a department as long as the total budget of the department is not increased. Transfers of Wy-.p..ations between departments require the approval of the council. The legal level of budgetary control (i.e., the level at which expenditures may not legally exceed appropriations) is the department level. The council made a supplemental budgetary appropriation during the year. Encumbrances accounting is employed in governmental funds. Encumbrances (e.g., purchase orders, contracts) outstanding at year end are reported as reservations of fund balances and do not constitute expenditures or liabilities because the commitments will be re -appropriated and honored during the subsequent year. For the year ended September 30, 2008, expenditures exceeded the budgeted amounts for the Police department by $201,955. In addition, expenditures for transfers out exceeded the budgeted amounts by $7,007. These excess expenditures were covered by available fund balance in the general fund. 45 THIS PAGE IS INTENTIONALLY LEFT BLANK. 46 Independent Auditors' Report on Internal Control Over Financial rting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2008, which collectively comprise the City of Okeechobee, Florida's basic financial statements and have issued our report thereon dated April 1, 2009. Our report was modified to include a reference to other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Other auditors audited the financial statements of the fiduciary fund type and the discretely presented component unit, as described in our report on the City of Okeechobee, Florida's financial statements. This report does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of Okeechobee, Florida's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of Okeechobee, Florida's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City of Okeechobee, Florida's internal control over financial reporting. Our consideration of internal control over financial reporting was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses. However, as discussed below, we identified a certain deficiency in internal control over financial reporting that we consider to be a significant deficiency. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the City's ability to initiate, authorize, record, process or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the City's financial statements that is more than inconsequential will not be prevented or detected by the City's internal control. We noted the following control deficiency that we consider to be a significant deficiency in internal control oy� financial reporting: Certified PublfcAceountants 215 Baytree Drive I Melbourne, FL 329401 p: (321) 255.00881 F. (321) 259.8648 2221 Lee Road, Suite 15 1 Winter Park, FL 327891 p: (407) 422.16811 E (407) 423.1681 www.hoyman.com The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two IC 2008-01 YEAR END ANALYTIC PROCEDURES Context: Accounting procedures should be in place to provide reasonable assurance that the general ledger is free of material misstatements. Condition: During the audit, we noted significant improvements to the City's accounting procedures, as evidenced by a lack of recurring issues identified during the previous year audit. However, management does not currently perform year end analytic procedures related to significant line items in the City's fund financial statements. Effect: The lack of year end analytic procedures caused financial statement misstatements related to garbage accounts receivable, fuel inventory, accounts payable, and certain payroll accruals. Adjusting journal entries were required to correct such misstatements. The adjusting journal entries caused expenditures to exceed the budgeted amounts for the Police department by $201,955 and expenditures for transfers out to exceed the budgeted amounts by $7,007 for the year ended September 30, 2008. Recommendation: We recommend management perform year end analytic procedures related to significant line items in the City's fund fmancial statements. Specifically, management should compare key general ledger account balances against prior year balances and against both the original and amended budget to identify unusual relationships that may indicate adjusting journal entries necessary to prevent material financial statement misstatements. Management Response: Management concurs. The City has assumed additional duties with regard to adjusting journal entries which in prior years, were submitted and provided by the auditors. This methodology is, however, appropriate and consistent with GAAP principles. The City continues to seek direction from the auditors to eventually accomplish the required year end entries. The City will perfect the year end procedures to include these reviews and adjustments thereof. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the City of Okeechobee, Florida's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in the internal control that might be significant deficiencies and, accordingly, would not necessarily disclose all significant deficiencies that are also considered to be material weaknesses. However, we do not believe that the significant deficiency described above is a material weakness. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Okeechobee, Florida's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 48 The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Three We noted a certain other matter that we reported to management of the City of Okeechobee, Florida in a separate letter, Independent Auditors' Management Letter, dated April 1, 2009. The City of Okeechobee, Florida's responses to the findings identified in our audit are described above. We did not audit the City's responses, and accordingly, we express no opinion on them. This report is intended solely for the information and use of the City of Okeechobee, Florida and management, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. / / oy,rx" 664or— Hoyman Dobson Melbourne, Florida April 1, 2009 49 THIS PAGE IS INTENTIONALLY LEFT BLANK. 50 Independent Auditors' Management Letter The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida We have audited the financial statements of the City of Okeechobee, Florida as of and for the fiscal year ended September 30, 2008, and have issued our report thereon dated April 1, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Compliance and Internal Control over Financial Reporting. Disclosures in that report, which is dated April 1, 2009, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and, unless otherwise required to be reported in the report on compliance and internal controls, this letter is required to include the following information. ❖ Section 10.554(lxi)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. Corrective actions have been taken to address significant findings and recommendations from the preceding annual financial audit report, except as noted below: -;- Internal Control and Compliance Findings: 2007-01 Accounting policies and procedures 2007-02 Expenditures in excess of budget 2007-03 Journal entries Management Letter: 1. Review of travel expenditures Repeated/revised as IC 2008-01 Repeated/revised as IC 2008-01 Cleared Cleared Section 10.554(lxi)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Okeechobee, Fl Florida Statutes. Certoed Public Accountants 215 Baytree Drive I Melbourne, FL 329401 p: (321) 255.00881 F. (321) 259.8648 2221 Lee Road, Suite 151 Winter Park, FL 327891 p: (407) 422.16811 E (407) 423.1681 www.hoyman.com The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two ❖ Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management, accounting procedures, and internal controls. In connection with our audit, we did not have any such recommendations. ❖ Section 10.554(lxi)4., Rules of the Auditor General, requires that we address violations of provisions of contracts and grant agreements or abuse that have an affect on the financial statements that is less than material but more than inconsequential. In connection with our audit, we did not have any such findings. ❖ Section 10.554(lxi)5., Rules of the Auditor General, requires, based on professional judgment, the reporting of the following matters that are inconsequential to the financial statements, considering both quantitative and qualitative factors: (1) violations of laws, rules, regulations, and contractual provisions or abuse that have occurred, or were likely to have occurred, and would have an immaterial effect on the financial statements; (2) improper expenditures or illegal acts that would have an immaterial effect on the financial statements; and (3) control deficiencies that are not significant deficiencies, including, but not limited to; (a) improper or inadequate accounting procedures (e. g., the omission of required disclosures from the financial statements); (b) failures to properly record financial transactions; and (c) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. In connection with our audit, we had the following such finding: ML 2008-1 TIMELINESS OF BUDGET AMENDMENTS Context: Florida statutes section 166.241 allows for a Florida municipality to amend its budget at any time within a fiscal year or within up to 60 days following the end of the fiscal year. Condition: During the audit, we noted the City of Okeechobee, Florida amended its fiscal year 2008 budget during January 2009, which is after the 60 day deadline. Effect: The City is out of compliance with Florida statutes. Recommendation: We recommend management review existing procedures and plan to ensure budget amendments are made timely and within statutory requirements. Manaaement Response: Management has reviewed existing procedures and will submit if required, amended budget within the statutory requirements. ❖ Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. The legal authority of the City of Okeechobee, Florida is disclosed in the footnotes. The City of Okeechobee, Florida has no component units. ❖ Section 10.554(lxi)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local government entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the special condition(s) met. In connection with our audit, we determined that the City of Okeechobee, Florida did not meet any of the conditions described in Section 218.503(1), Florida Statutes. 52 The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Three ❖ Section 10.554(lxi)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the City of Okeechobee, Florida for the fiscal year ended September 30, 2008, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2008. In connection with our audit, we determined that these two reports were in agreement. ❖ Sections 10.554(i)7.c. and 10.556(7), Rules of the Auditor General, require that we apply financial condition assessment procedures. In connection with our audit, we applied financial condition assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This management letter is intended solely for the information of the City of Okeechobee, Florida and management, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. Hoyman Dobson Melbourne, Florida April 1, 2009 53 THIS PAGE IS INTENTIONALLY LEFT BLANK. 54 \�y OF ti 19154•. City of Okeechobee AFFIDAVIT OF IMPACT FEE COMPLIANCE The City of Okeechobee, Florida has complied with Section 163.31801 of Florida Statues regarding accounting and reporting of impact fee collections and expenditures for Fiscal Year 2008. Brian hall/ City A W trator India Riedel Finance Department 55 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 y..OF' K ti *1915*" City of Okeechobee AFFIDAVIT OF HAPACT FEE COMPLIANCE The City of Okeechobee, Florida has complied with Section 163.31801 of Florida Statues regarding accounting and reporting of impact fee collections and expenditures for Fiscal Year 2008. Brian �haly City Adn)inistrator India Riedel Finance Department 55 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 —BMIBIT 4 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 CITY COUNCIL AGENDA ITEM REQUEST FORM Please submit completed form to: City Administrator's Office 55 SE 3rd Avenue Okeechobee, Florida 34974 NAME: Yi�Wn ��9JGut•v ADDRESS: If a s IV- 11147to-916- Rp-e— APR 7, ZUO9 TELEPHONE: ?G 3 7 6,3-e61 % FAX: 9 � -- 3 - 3 MEETING: REGULAR SPECIAL WORKSHOP DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE AGENDA: ---PrN1 % `lid" ' P�61e- W AA14 - /771- 444OZ 6kn hirpO Ile Cis fry-. PLEASE STATE WHAT DEP TMENT (S) YOU HAVE WORKED WITH: A gym" &c u. ; 0.,�-- PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: DATE: %/�1c, 100/ 100 d 6199BLE99 t (HA) Id N83I63WH A3N v0 : t l (03m)60oa- i n-add ENIIBIT 5 Ak'R 7, 2009 City of Okeechobee SS SE 3"d Av Okeechobee FL 34974-2932 Office of the City AdminiMator Brian Whitehall Ph 863- 7633372 Fax 763-1686 email: bwhitehalka-cityofokeechobeccom *****Memorandum***** DATE: for April 7, 2009 City Council Meeting TO: Mayor and City Council Atty Cook, Clerk Gamiotea, Chief Smith FR: Adm Whitehall RE: Resolution 09-06 Fire Dept Inspection fees Attached please find a copy of Resolution #09-06 passed at the 2/17/09 City Council meeting. As we re-examine the assessment of inspection fees, as with any fees, I think we should keep in mind that costs associated with services should be borne by those incurring those costs not by every property owner in the City. When you subsidize (with property tax) a particular user service each property owner carries the burden and that may not be equitable. While putting this Resolution in effect, staff considered the addition of the annual inspection fee ($10) directly on the Business Tax Receipt process as a matter of efficient billing. According to the Chief each business is suppose to be inspected annually and rather then doing each inspection and subsequent individually billing some 600+/- businesses, it would be more effective to simply add the fee on to the BTR process. Currently a new business is subject to: $50 — Independent Inspection (15% of that fee goes to the City) $10 — Registration fee After that process and for all Renewals the BTR fee is assessed: As reflected in City Code Section 50-59 ADOPTED: • FEBRUARY 17, 2009 RESOLUTION NO.09-06 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ESTABLISHING A SCHEDULE OF FEES AND CHARGES TO BE ENFORCED WITHIN THE CITY FOR PERMITS, PLAN REVIEW AND SERVICES PROVIDED BY THE CITY OF OKEECHOBEE FIRE DEPARTMENT; PROVIDING FOR INCLUSION OF THE FEE SCHEDULE TO THE CODE OF ORDINANCES AS APPENDIX G; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has determined that with the adoption of additional regulations by the Federal and State Government, requiring additional review and services of permits, plans and services by the Fire Department, such schedule of fees shall be charged, and collected to obtain permits and/or services; and WHEREAS, in the interest of expediency and ease of amendment as necessary, it is in the best interests of the City to adopt a schedule of fees by resolution, and to include such fee schedule in Appendix G to the City Code of Ordinances. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. The following fees shall be charged, and collected to obtain permits and/or services listed below, as provided for in the City of Okeechobee Chapter 34, and as provided for in the most recent edition of the Florida Fire Prevention Code and Florida Statutes. These fees may be reviewed annually with recommendations for modification being made by the Fire Chief to the City Administrator. The following are Plans Review and Inspection Fees. Fees are based on square footage and include inspections, unless otherwise noted. Fees subject to change without notice. PLANS REVIEW FEES Site Plan Review Site Plan Review Revisions New Construction/Renovations/Additions Fire Sprinkler/Standpipe Systems Fire Alarm Systems Smoke Evacuations Systems Fire Suppression Systems (Hood/Paint Booths) $40.00 per submittal $80.00 per submittal $0.05 per s.f. $50.00 per system, per building up to 10,000 s.f. $10.00 per 1,000 s.f. or portion thereof over 10,000 s.f. $50.00 per system, per building up to 10,000 s.f. $10.00 per 1,000 s.f. or portion thereof over 10,000 s.f. $50.00 per system, per building up to 10,000 s.f $10.00 per 1,000 s.f. or portion thereof over 10,000 s.f. $40.00 per system ADOPTED: • FEBRUARY 17, 2009 Ventilation Systems (Hood/Paint Booths) Emergency Generator System Fuel Tanks, Underground Installation Fuel Tanks, Removal Fuel Tanks, Above Ground Residential Alarm Registration Fire Pumps, Wells, or Tanks INSPECTION FEES (CONSTRUCTION) Fire Inspection 1 St Re -inspection 2nd Re -inspection 3`d Re -inspection 4th & Additional Re -inspections After Hours/Weekend Inspections • $40.00 per system $40.00 per system $40.00 each includes plans review, inspection slab & anchoring $20.00 each to witness removal of tank $40.00 each includes plans review & inspection of installation supports $15.00 $35.00 Free (included with plans review fees) $15.00 $30.00 $60.00 $100.00 $50.00 per hour (minimum 4 hours) All construction re -inspection and after-hours/weekend inspection fees shall be paid prior to inspection being conducted. ANNUAL/PERIODIC LIFE SAFETY INSPECTIONS COMMER (-,,TAT. 1 st Re -inspection $20.00 2"d Re -inspection $40.00 3`d Re -inspection $80.00 4th & Additional Re -inspections $100.00 Non-compliance issues Code Board Residential Daycares/ALF/AFCH/Group Homes $10.00 Residential Foster Homes $5.00 LIFE SAFETY INSPECTION FEES FOR BUSINESS TAX RECEIPTS BTR' S (formerly known as occupational license) are based on square footage. This applies to all commercial, industrial, and residential properties conducting business in the City of Okeechobee. One re -inspection is included to check for code compliance. COMMERCIAL Up to 5,000 s.f. (Minimum fee) $15.00 5,001 to 10,000 gross s.f. $30.00 10,001 to 15,000 gross s.f. $45.00 15,001 to 20,000 gross s.f. $100.00 20,001 gross s.f. and over $15.00 per every s.f. or portion over 20,000 Residential Daycares/ALF/AFCH/Group Homes $10.00 Residential Foster Homes $5.00 If additional re -inspections are necessary the following fees apply: 1" Re -inspection $15.00 2"d Re -inspection $30.00 P Re -inspection $45.00 4th Re -inspection or more $100.00 5,000 thereof 2 ADOPTED: FEBRUARY 17, 2009 • SYSTEMS TESTING & INSPECTIONS DUE TO MALFUNCTIONS AND/OR REPAIRS AND MISCELLANEOUS The following fees shall be assessed to inspections conducted in order to either re -certify systems or other miscellaneous inspections and/or tests required or requested. Fees shall be paid prior to the service/inspection being conducted. Fire Sprinkler Systems/Hydrostatic Test up to 10,000 s.f. over 10, 000 s.f. Fire Alarm System Test up to 10, 000 s.f. over 10, 000 s.f. Cooking Hood/Paint Booth Fire Suppression System Ventilation Systems/Cooking/Paint Booths Emergency Generator Test Fire Pump Test Fire Hydrant Flow Test (requested for hydraulic) Fire Watch Fee (utilizing a firefighter for fire watch) $30.00 per system $60.00 per system $20.00 per system $40.00 per system $20.00 per system $40.00 per system $20.00 per system $20.00 per system $20.00 per hydrant calculations $20.00 per hour/per firefighter MISCELLANEOUS/TEMPORARY USE OF SPECIAL PERMITS The following permit fees are for miscellaneous services and/or use permits. The handling of materials and/or hazardous operations not specified by name or category shall include all operations and/or material as listed in Table 1.12.19A(a) in NFPA 1 and shall be assessed as a fee of $50.00 per operation and/or material storage/handling. If more than 3 operations/uses are performed at the occupancy, the maximum fee shall be $150.00. Amusement Parks (includes fairs, carnivals, and festivals) $100.00 Fireworks: Public Displays $25.00 Sales $15.00 Tent, membrane or other temporary use $15.00 Burn permits $100.00 Open burning permit for rural & commercial land No charge for campfires & bonfires clearing special SECTION 2. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND AD< , x x Au in regular session this 17`h day of Februarv. 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Pro-Tempore • • APR 70 - AGFNVA-EXH/8/T Ma. '��wsi,YAffffl. MEMORANDUM TO: Mayor and Council Members FROM: City Clerk Gamiotea+1 SUBJECT: Citizen Board Appointments DATE: March 25, 2009 We've been advertising Citizen Board vacancies for some time now. To date, my office has received two applications for each boards vacancy. CODE ENFORCEMENT BOARD: We had a resignation of a Code Board Member in October 2008, so there is an opening for a Regular Member position. We have not requested that Council act on the replacement so that all could be handled with the reappointments at one meeting. Please consider: • Reappointing Mr. Gamiotea, regular member, term 5/1/2009 - 4/30/2012 • Reappointing Mr. Irby, regular member, term 5/1/2009 - 4/30/2012 • Moving Mr. Huckabee from alternate to regular member, new term ending 4/30/2011 (to replace Mrs. Hancock) • Appoint Mr. Gunderson or Mrs. Murphy (applications are attached) as an alternate member, term ending 4/30/2011 (to replace/finish out Mr. Huckabee's alternate term) PLANNING BOARD/BOARD OF ADJUSTMENTS/DESIGN REVIEW BOARD: Please consider: • Reappointing Mrs. Hoover, regular member, term 5/1/2009 - 4/30/2012 • Reappointing Mr. Luviano, regular member, term 5/1/2009 - 4/30/2012 • Appoint Mr. Baughman or Mrs. Doyle (applications are attached) as an alternate member, term ending 4/30/2012 City of Okeechobee; 55 Southeast PAvenue * Okeechobee * Florid a * 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 yourappointment. 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): O Planning Board - Board Wtode O Okeechobee Utility O General Employees ❑ Other: of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: MAILING ADDRESS: HOME TELEPHONE: CELUOTHER TELEPHONE: 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: l °L R �/ � k1 �os� Pld �u,��� ���►:�N / 5 5 3 .S1w3-5 CJoe C_1-e- © o - #-:: r e- ,=,L, 3y97� -*eem' 2 inDwrn S Is this in the City Limits? OYes QN m Aryl f 1-7f3� siz ©--7-o1 ONo, explain: Oyes County Registered in: High School Name & Location: ;Sam r4 i c a H l G H Year Graduated: .� ►�l rYl r4tf• A, A.1 NAME & LOCATION: DATES ATTENDED: f CERTIFICATEIDEGREE REC'D: DATES: /g5S BRANCH: DATE DISCHARGED: AP-rn`/ IR&3 ARE YOU CURRENTLY EMPLOYED AS:® OGeneral Contractor OBusiness Person OArchitect (.-ALL THAT APPLY) ❑Engineer OSub-Contractor ORealtor A 0 OAttorney ODoctor OSurveyor " OLay Person OUrban Planner OLandscape Architect r-. LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DUNG THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES 5?-e- jQ7--l�r+l4e-J7 ielE` cone. HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? [BYES ONO. IF YES, LIST: AGENCY BOARD NAME POSITION DATES ,►►��leTN (77)orni Lipbe- gooP- I M orLIDA &W)t4c Ch Mfg rv,EmaF-P STATE YOUR EXPERIENCESAND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORYTHAT OUALIFYYOU FOR THIS APPOINTMENT. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES C110. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES ONO. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT Se-e- P-e-Sultn6- 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 6N0. 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? ��v/0 HAVE YOU EVER BEEN FO IN VIOLATION OF FLORIDA STATUTEWAPTER 112, PART III -CODE OF ETHICS FOR PUBLIC OFFICERS A MPLOYEES? ❑YES CtaN0 IF YES, LIST: DATE: NATURE OF VIOLATION; DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COL R, 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 THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: U#A-LE OFEMALE ETHNIC GROUP: 06AUCASIAN UBLACK USPANISH HERITAGE ONATIVE AMERICAN LIASIAN OR PACIFIC ISLANDER UOTHER(specify): ./ALL THAT APPLY: UWARTIME PERIOD VETERAN UDISABLED VETERAN UVIETNAMMVVETERAN HANDICAPPED STATUS: OYES DIQO. IF YES, WHAT IS THE HANDICAP?: 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? to Dni (eli;A.i11i0 L0r"ft WVA, OYES ONO. � `�n4&ilat����t (� DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSEL�- THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. S 8- (0 /q-rl—�qe Ile-D 142a S cx 01 c° - STATEMENT OF APPLICANT: I certify that the answers are trues 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.1 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. 1 understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that 1 have read and understand each of the above statements. Signature of ©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)i, F.S.j. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: EDUCATION: Clayton J. Gunderson 13105 Ixora Court, Apt. 312 North Miami, Florida 33181 (305) 895-3893 B.S. Criminal Justice 1981 - Heed University - Hollywood, Florida A.A. Degree in Criminal Justice 1976 - Miami Dade Community College Professional Certificate in Criminal Justice from the National Commission of Law Enforcement Graduate of Police Academies in New York and Florida Certified Police Officer in New York State and the State of Florida Attended numerous safety and security seminars throughout the United States Risk Manager - Certified by the State of Florida, Department of Insurance - 1975 EXPERIENCE: 7/90 to SECURITY CONSULTANT with the law• office of Kenneth Present Whittaker and Associates - 1065 NE 125th-Street, North Miami, Florida 7/87 to INDIAN CREEK VILLAGE - Miami Beach, Florida 33154 ?/90 ADMINISTRATIVE OFFICER, Police Department. I was hired as an Administrative Officer to reorganize the Village Police Standards and Training, as outlined by the Florida Department of Law Enforcement. Due to the inadequate keeping of Police Personnel files and police records, the department was about to lose its certification. These objectives were achieved and I was appointed Police Captain. Subsequently, the Police Chief retired and I was appointed Chief. CHIEF OF POLICE - As Chief of Police for the sixteen -man police department, with an annual budget of $750,000, I was responsible for the overall administrative operations of the department and maintained a "one on one" open door policy for all police personnel, residents and Country Club members. I also attended Council meetings and worked closely with the Village Manager and Council towards achieving the common goals for the best interest Clayton J. Gunderson of the Village and its residents. 6/86 to HUMANA HOSPITAL - North Miami, Florida 7/87 Page 2 DIRECTOR OF SAFETY AND SECURITY, - Responsible for the safety and security programs for 458-bed hospital. MIAMI EYE CENTER - Miami, Florida RISK MANAGER - Instituted the risk management program, which had no precedent. Responsible for the guidelines set forth by the Joint Commission on Accreditation for Hospitals, HRS and Medicare. (This position was conducted on a part-time basis.) 2/84 to HAMPTONS AT TURNBERRY - Miami, Florida 6/86 DIRECTOR OF SECURITY, - Responsibilities included directing the safety and security program for a 350 unit condominium complex located in North Miami, Florida. Duties included supervising a staff of twelve. Complex was complete with a marina and private club. 2/83 to RYDER SYSTEM, INC. - Miami, Florida 2/84 CHIEF OF SECURITY - Responsibilities included directing the highly sophisticated and computerized safety and security program for a 120 acre complex with 2,000 employees. 12/75 to CEDARS OF LEBANON HEALTH CARE CENTER - Miami, Florida 6/82 pIRECTOR OF SAFETY AND RISK MANAGEMENT - Responsibilities included directing the safety and security programs for a 750 bed hospital, consisting of three buildings, a nineteen -story apartment and hotel complex and three parking garages, parking 1,700 vehicles daily. Other duties included instituting the Safety and Security Program, which had no precedent; organizing and directing a staff of 28 security officers; developing a policy and procedures manual; creating various departmental forms; budgeting ($550,000 budget); payroll; work schedules; instituting fire, safety and security programs; reviewing incident reports; policy and procedures; conducting risk surveys and security inspections of the entire complex. As Risk Manager, responsibilities included planning, establishing, coordinating and evaluating a hospital -wide Risk Management program aimed at reducing patient Clayton J. Gundersen Page 3 injuries and preventing patient claims. Duties included investigating and evaluating all claims, lawsuits and complaints filed against the hospital. For the years 1978 and 1979, was appointed Chairman of the Dade County Civil Center Disaster Committee. Duties included liaison with local police, fire and Civil Defense officials regarding preparation for potential disasters that could occur within the County. 9/62 to NASSAU COUNTY, NEW YORK POLICE DEPARTMENT 2/75 FIRST GRADE DETECTIVE - Responsibilities included administrative and investigative duties in the Detective Division of Headquarters. Duties included investigating all aspects of criminal activities. 6/60 to NEW YORK CITY DEPARTMENT OF CORRECTIONS - New York, N.Y. 9/62 OFFICER - Responsibilities included safety and security of a city prison located on Rikers Island, New York. Duties included the maintenance of fire fighting equipment; safety and security inspections of buildings, grounds, equipment; and conducting fire drills. 6/58 to NEW YORK STATE SAFETY OFFICER - New York 6/60 SAFETY OFFICER - Participated in combined fire, police and general safety programs for State of New York -owned governmental properties. PROFESSIONAL. AFFILIATIONS: International Society of Hospital Security American Society for Hospital Risk Managers American Society for Hospital Attorneys American Law Enforcement Officers Association American Society for Industrial Security National Association for Chiefs of Police Dade County .Association of Chiefs of Police CLAY GUNDERSON 13105 IXORA COURT # 312 NORTH NIIAMI, FLORIDA 33181 SEPTEMBER 1ST, 1993 TO WHOM IT MAY CONCERN: PLEASE BE ADVISED THAT WHILE I SERVED RYDER SYSTEM INC. IN THE CAPACITY OF DIRECTOR OF PERSONNEL SERVICES BETWEEN 1976 AND 1986 CLAY GUNDERSON REPORTED TO ME IN HIS CAPACITY AS DIRECTOR OF SECURITY AT THE INTERNATIONAL HEADQUARTERS FACILITY IN MIAMI. CLAY PROVED TO BE AN EXCELLENT MANAGER OF A HIGHLY SENSITIVE ACTIVITY WHICH EMBRACED ALL COMPONENTS ASSOCIATED WITH INTERNAL SECURITY OF EMPLOYEES, PHYSICAL ASSETS AND CORPORATE PROCEDURES AND DOCUMENTS. AS SUCH HE HAD DIRECT ACCESS TO COMPANY OFFICERS AND CONDUCTED HIMSELF IN A KNOWLEDGEABLE AND PROFESSIONAL MANNER HIS TECHNICAL KNOWLEDGE WAS SECOND ONLY TO HIS EXCELLENT HUMAN RELATIONS SKILLS WHICH HE DEPLOYED DAILY AS DIPLOMACY WAS THE KEY TO SUCCEEDING IN SUCH AN ENVIRONMENT. THEREAFTER, I APPOINTED CLAY AS THE POLICE CHIEF IN MY CAPACITY AS CITY MANAGER FOR INDIAN CREEK VILLAGE. ONCE AGAIN, CLAY DEMONSTRATED EXCELLENT JUDGMENT, PRESENTATION SKILLS, LEADERSHIP QUALITIES AND KNOWLEDGE IN A DIFFICULT ENVIRONMENT WHICH WAS TARGETED FOR UNION ORGANIZATION OF ITS POLICE PERSONNEL. . CLAY IS AN EXCELLENT LAW ENFORCEMENT ADMINISTRATOR AND TECHNICIAN WITH AN OUTSTANDING ABILITY TO RELATE TO PERSONNEL AT ALL LEVELS OF AN ORGANIZATION AND IT IS WITH PRIDE THAT I OFFER THIS UNQUALIFIED RECOMMENDATION FOR HIM WITH THE KNOWLEDGE THAT HE WILL BE AN ASSET TO ANY ENTITY THAT CHOOSES TO DEPLOY HIS SERVICES. RESPECTFULLY SUBNIITTED, JOEL LANKEN 8105 S.W. 83 PLACE NIIAMI FLORIDA 33143 595-5596 • cedars of Lebanon health care center December 7, 1979 To Whom It May Concern: Clayton Gundersen was employed as Chief of Safety from Decem- ber 15, 1975 through July 10., 1978. He was promoted to Director of Safety and Risk Management at that time and currently holds the position. During this period he has demonstrated thorough knowledge of hospital safety and risk management procedures and the ability to supervise and direct his staff in an efficient manner. Mr. Gundersen is a dedicated, conscientious member of our manage- ment staff and supportive of hospital goals and objectives. CF/hs Sincerely, Charles Fotsch Associate Director a not-for-prohl-heolth core Center 1400 northwest 12th avenue, Miami, Florida 33136, (305) 325-5511 �IPEd iltEr,�tt� west 'M#t'Xrusttts of Jktb lnlutrsug in tllr (Iltg of Vtutrlg ifuls, (ullforttfa. to all Persons to wham east prtstub mag cone, grttfitig,a. as t4crmommtnbations of flit 3Tacaltg. be it known t4st I Cla tauOunberomp 4auiug compltteb tot shafts anb satiOM tot requirements for tilt btgra of PacbeYor of �ciettce leas accordlaglg been admitted to that dtgrtt muk t#t riglu. !rrluiltges and imwuuitits ttitremb mptriaining. in witness w#trtof and 14rouO tat aut>loritq witllln our charter grated wr Maur caused is.$ lama to be eel ed � die Staoe of California !ta btl ttt �alrum of tot hoard. tilt Bean. and tqt Presldeat of the juiuersltg and our great Beal to be #Cato nffiaed in Me OF of jOebtrlp Y#illg on * fiftttntb Dap cf gugugt. in Me pear one tfjoaganb nine bunbreb nab tigbtp cat. I �C (90irman of tltt hoard � resident fit l son • i 01-1b-'09 10:17 FROM-S.F.W,M. Okee 863-462-5269 T-216 P002/003 F-040 55 Southeast J Avenue it Okeetihobe ° . _ Glib of Okeecho2e � Flonda 1� 34974 � (863) 763-3372 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type aN Wbmiallon. The information from this application wiN be used by the City Council In considering action on yourappointment- The applcation !MUST BE COMP ff W IN FULL, Answer "none" or "not app/kabW.. where appropriate. CHICK BOARDt$) OF WREST TO YOU (A COPr OF EACH BOARDS DU`lI MWV ING DAMES & TIMES Ard ATTACME01): 0 Planning Board -- Board &Code O Okeechobee Utility O General Employees 0 Other. of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Tn,stee's il1II1ili11llillll 11111111111111111 IIIIIII INN. APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: All i am Kigft. . Sanla HOW LONG AT ADDRESS: MAILING -ADDRESS: HOME TELEPHONE: CELLIOTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION: BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBERM: DATE OF BIRTH: ARE YOU A US CITIZEN? FLORIDA REGISTERED VOTER? EDUCATION: POST SECONDARY EDUCATION: MILITARY SERVICE: 5106 Se. 43rd Trace Okeechobee, FL 34974 9 Years. Is this in the City Limits? OYesZft 5106 SE 43rd 'Trace Okeechobee, FL 34974 863-824-0981 st�3-�34=0663 . South Florida WAter Management District/Gmerrm ent:al. a* = A-Vemie. Suitp. 201 Okeechobee, FL 349 R6Z_Q�7_ti7f� X�O�'2 • 863-462-5269 A'� /14/1975 Wes ONO. explain: Was County Registered in: Okeechobee ONo High School Name & Location: Ballard High School, Ll uiville, Year Graduated: 1993 NAME A LOCATION: OATES Arr"We, Auburn University 1993-1998 University of Deriver 2003-2005 OA. I BRANCH: N/A CERTI WICATIaKMAFF RECO B.S. Erin. Science MS Ehv. P&liy & M RT rAW.WARQft ARE YOU CURRENTLY EMPLOYED AS:e OGenaml Contractor 71;iBus lies Person OfthltM (/ALL THAT APPLY) OEngineer Qgub•Contrao& DRealtor GAttorney ODOCW 08urvcyor IbLay. Person ClUrban Planner OLandscape Archkil t LIST ALL OF YOUR EMPLOYMQXCEF�r YOUR CURRENT EMPLOYER. Cs. ANG THE LAST 5 YEARS: NAME A ADDRESS TYPE OF BUSINESS JOS TITLE DATES CuIq()'' emptc�� 5�kq- a000 Sk,-A-no a05 N.N Pa-ccti%A lase Oku the pi. 3yq-1 Z jwc - acc3 HAVEYOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITYBOARO FOR ANY OTHER AGENCY OR GOVERNMENT? aiYES ONO. IF YES, LIST: AGENCY BOARD NAME POSMON DATES foci ;.. ( a STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUAUFYYOU FOR THIS APPOINTMENT. uii�k w4(utw4 an4 ems►- )i4au bua,, v 6)) ry &uutm� jxAm J. SpLz pro. HAVE YOU RECEIVED ANY DEGREE(S). PROFESSIONAL CERTIFICATION(S) OR DESIGNAT(ON(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? DYES ONO. IF YES. LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? DYES NO. IF YES, LIST: OFFICE TTTLE DATA OF ELECTION TERM LEVEL. OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTESTTO 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 $150 or less was paid) DYES AO. IF YES. DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? N') E00/200 'd 9891 M E98(Xd3) s a:: w,_, aag0g3aam0 �0 6at3 E2'91 (3f11)6002-0L-833 of 1J- r07 ma;if rhm-S.F.W-11, Okee 863-462-5269 T-216 P003/003 F-040 f. HAVE YOU EVER BEEN FOL&IN VIOLATION OF FLORIDA STATUTESIAPTER 112. PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND,EMPLOYEES? DYES ONO IF YES, UST: 2i 11WRE CO VIOLATIOM,: odsPoamoht TME-FOU-0WING INFORMA -1W n-RWT.WWARD TO LOR, R 1�!"9t'Fi7=NAL ORIGIK AGKj D"810TV OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATZ GOVERNMENTS AWWRE THE CITY PROVIDE STATISTICS ON THE NWMSM OF WOMEN, MINORITIES, VETERANS AND OMMLED PERSOM THAT AID APPOINTED TO 80ARDS. INFORMATION WK k Be USED FOR STATISTICAL PURPOSES ONLY AND HOVS NO BEARING ON YOUR APPOINTMENT. SEX: ETHNIC GROUP: ,/ALL THAT APPLY: HANDICAPPED STATUS: OMALE OFEMALE XOCAUCASIAN OBLACK OSPANISH HERITAGE ONATIVE AMERICAN CIASIAN OR PACIFIC ISLANDER UOTHER(spedly): OWARTIME PERIOD VETERAN wsABLED VETERAN OVIETNAM VETERAN N/A OYES 1310. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE' OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER OYES 11INO. DE$CAIBEANY SKILLS ANC)BACKGROUNO INFORMATIONA000TYOURSELFTHAT WOULD BE HELPFULTOTHE i BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE I currently hold a position in Regulatory Oanpliance at%the SFWD. I am familiar I enforcimr rules and warkina with ...Lv owners to solve violations. ` rn,l•ci Ap of f -m f i mP pwi_f j on T aiso umq= rpgn) nni tR.. 7his also reauires negotiation skills and enforcement of terms. In my experience, most issues can be resolved with minor enforcemmt, but with:a firm understanding of what is expected. STATEMENT OF APPLICANT" l+ certify that the answers are true 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 11'9. I hereby acknowledge that I have read and understand each of the above statements. Signature of Applicant:ObJAOT Date: OCity residence is only a requirement for the OUA and Pension Boards. Who 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 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: Lt; i i t_r, SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: E001EOO'd 9991 E9Z E99(X8d) aaQO43aam0 �0 hJ13 E2:91 (3fil)6002-01-933 City of Okeechobee, 55 Southeast*Avenue * Okeechobee * Flodda*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 yourappointment. The application MUST SE COMPLETED /N 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 ATTACKED): d Planning Board - Board 0 Code ❑ Okeechobee Utility 0 General Employees ❑ Other: of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board I Board I Directors I Trustee's APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: MAILING ADDRESS: HOME TELEPHONE: CELUOTHER TELEPHONE: 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: R - 1; Q --5- alel 13�3/ Z Ave. 1"tie 4,o Years. Is this in the City Limits? Oyes Rio m 1505 C. .50-A Ave. 01C_a 34/g7,� 35-)— / 505 76 3- b o 53 Pr►(2LV/eC 76,3— G a 53 7+. 3- / 5VI Z-Z5�-G3 0 es ONo, explain: 3 es County Registered in: O�` e C 4,o 4e a ONo High School Name & Location: O-teC.li,,� ce 1,1;fX Sa k o f Year Graduated: /Z_ NAME & LOCATION; DATES ATTENDED: CERTIFICATEIDEGREE REC'D: Av-r DATES: /'/% BRANCH: )IJf# DATE DISCHARGED: W104 ARE YOU CURRENTLY EMPLOYED AS:* OGeneral Contractor 96usiness Person OArchitect (✓ALL THAT APPLY) OEngineer ®Sub -Contractor ORealtor OAttomey ODoctor OSurveyor ❑Lay. Person ElUrban Planner OLandscape Architect LIST ALL OF YOUR EMPLOYMENTOCEPT YOUR CURRENT EMPLOYER, D"G 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? AYES [DCVO. IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORYTHAT QUALIFYYOU FOR THIS APPOINTMENT. w LL 1 kJ�� .• 6 a c 1. yrm .r„L i A /'n ,� �•� �i.G.+# -` "° _ Z_ s� P. hi' • t r t :,! tE7 v i Z G h Af• , I , Y1 A'1 1.+Y. v �' Sc d tC• %jj HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATIONS) OR DESIGNATIONS) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? AYES (UNO. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? ❑YES UN/0- 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) ❑YES d4b. 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 I] HAVE YOU EVER BEEN FONWIN VIOLATION OF FLORIDA STATUT APTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AMPLOYEES? ❑YES MO 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 THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: • / SEX: MALE UFEMALE ETHNIC GROUP: 14CAUCASIAN OBLACK OSPANISH HERITAGE DNATIVE AMERICAN UASIAN OR PACIFIC ISLANDER UOTHER(specify): ./ALL THAT APPLY: UWARTIME PERIOD VETERAN UDISABLED VETERAN OVIETNAM VETERAN HANDICAPPED STATUS: DYES 960. IF YES, WHAT IS THE HANDICAP?: 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))l? OYES QIVO. DESCRIBEANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. -:K- in �p_vt�.synw...'t fr o- lfu.Cjtt `� • ti,-C i.�+ i� 1 G. f S r. � /'A.� �_ �u t. kA 2 i jpA C- + CalJJr. 4 V J a .^ .�i..t �. �-rr �- �1 r• �V _T_� v t'I1 �/ �a? t% G .s �i'tPs+ Ci �" i �- � STATEMENT OF APPLICANT:(-�certify that the answers are true Q complete to the best o-f 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 I have read and understand each of the above statements. Signature of Applicant:7 , 1�d4d4—Date: 3 — 5 o CDCity 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.). PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOI NTMENT(S): RESIGNED: CERTIFICATE AWARDED: City of Okeechobee, 55 Southeast 3�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 yourappointment. The application MUST BECOMPLETED /N 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): lflanning Board - Board ❑ Code of Adjustment & Appeals Enforcement Design Review Board I Board APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: MAILING ADDRESS: HOME TELEPHONE: CELUOTHER TELEPHONE: 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: ARE YOU CURRENTLY EMPLOYED AS:® (✓ALL THAT APPLY) O Okeechobee Utility ❑ General Employees ❑ Other: Authority Board of & OUA Pension Fund Directors I Trustee's i �► yi Q_ Years. Is this in the City Limits? UYes cl m IA ia-) -c6L( %, ' ONo, explain: County Registered in: Q - kONO High School Name & Location: Year Graduated: ��� NAME & LOCATION: DATES ATTENDED: CERTIFIC I TE FE EGREE REC'D: n ) " 1 W BRANCH: DATE DISCHARGED: OGeneral Contractor 19151lsiness Person OArchitect OEngineer OSub-Contractor ORealtor OAttorney ODoctor OSurveyor OLay Person OUrban Planner OLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES �: `L Cyr �Ol t �c� - ,�, t k'bc s me4)r- `6e�b i HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? DYES CVO. IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORYTHAT QUALIFYYOU FOR THIS APPOINTMENT. ca tIN ,,* 1-4-W t' �L;0'AA TeUky A0 SP-f-k;'z- HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? DYES 9116. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES V160. 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 CHAR ES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES 0. 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? HAVE YOU EVER BEEN FO IN VIOLATION OF FLORIDA STATUTEOAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS ANAMPLOYEES? OYES VIVO 1F 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 THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: OMALE 13hFEMALE ETHNIC GROUP: 1 41JCASIAN OBLACK OSPANISH HERITAGE ONATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): ✓ALL THAT APPLY: HANDICAPPED STATUS: OWARTIME PERIOD VETERAN ODISABLED VETERAN ❑VIETNAM VETERAN ❑YESIaIVO. IF YES, WHAT IS THE HANDICAP?: 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 0100. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. J-)j AtLr� � bl&'It - _u . �� wiv� QDDm )_"V� �)v A Qm I&L a A16 STATEMENT OF APPLICANT: Qertify that the answers are true a!h..)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 have read and understand each of the above statements. j (; Signature of Applicant: .. �- __ Date: 1 - i b O `I ®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.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 311D AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: Bid Tabulation Sheet Okeechobee City Fire Department Brush Track Bid No. FD-01400-03-09 Bid Opening: March 25, 20091:00 P.M.. Description of bid material• Brush Truck Comvanv Name Bid Amount Emergency Vehicles of Texas $ 72,936.00 FOB Okeechobee $ 71,936.00 FOB Texas Madison Truck Equipment Inc. $ 73,962.00 FOB Okeechobee $ 72,582.00 FOB Wisconsin For office use: Posted on March 25, 2009 at 1:30 p.m. Removed on March 31, 2009 at 1:30 p.m. 6&4j`' FL) V' -OV r o 3- o Tuesday, January 13, 2009 Request for bid Contacts and numbers: Company Contact Phone Emergency Vehicles of Texas - Ed Beene 817-281-4172 Ten-8 Fire Bruce Scott 941-756-7779 Rosenbauer Fire Harold Boer 605-543-5591 Bay Fire Dewayne Dewberry 251 -937-2829 Fenton Fire Jim Cambell 866-310-2077 Pamaro Inc. Paul Rimavicus 352-543-5234 Global Fire Apparatus Rebecca M Strupp 608-222-5591 Crow Construction Cliff Crow 405-823-6432 NAFECO Inc. Brandon Oaks 256-353-7100 Elite Fire & Safety JR Coletti 239-253-7572 Steele Fire Apparatus Bill Steele 940-864-2208 Southern Fire Service Clint Adkins 900-293-1972 Unruh Fire Tom Richardson 316-772-5400 Pride Ent. Tomoka Div. Bruce Hall 386-254-3916 Fax 3Ig%i 817-281-6576 ✓ 941-756-2598 ✓ 605-543-9701 251-937-2836 &4�— 450-458-2377 352-543-5235 608-222-3644 ✓ (� 405-433-9091 256-355-7504 ✓ 239-6434104 940-964-6103 706-253-0019 `- ' 316-772-5852 ✓ 386-254-3197 D 1560AIW-GTeF% X11x? EMIBrr 7 ANPR 7, 2009 Fire Department 31 March 2009 Recommendation for Brush Truck Bid To: Okeechobee City Council Members The Okeechobee Fire Department requests council to approve bid received from: Emergency Vehicles of Texas for $72,936.00 (includes manufacturer's delivery to station) Thank you, .e�- /J40L Herb Smith Fire Chief/Marshal Okeechobee FD 55 S.E. Third Avenue . Okeechobee, Florida 9 34974-2932 . 863-467-1586 . Fax: 863-763-4489 • . City of Okeechobee 55 SE 3'd Av Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 7631686 email: bwhitehala itvofokeechobee.com * * * * *Memorandum � lYt6 a' DATE: April 7, 2009 City Council Meeting TO: Mayor and City Council FR: Adm Whitehall, Major Peterson RE: Agenda addition Please add to the Agenda the following: • Motion to approve a grant application to the US Dept of Justice in the amount of $15,078 for acquisition of three (3) Police Dept mobile digital video cameras. See attached. This particular grant calls for City Council approval. 0 0 OMB No. 1121-0323 U.S. Department of Justice -' jam:. - •--.:�; ;. Office of Justice Programs Bureau of Justice Assistance ` Q,, " The U.S. Department of Justice, Office of Justice Proqrams' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program. On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009 (the "Recovery Act"). As one of its many elements, the Recovery Act provides the U.S. Department of Justice (DOJ) with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring. DOJ is committed to working with our national, state, local and tribal partners to ensure this funding invests in the American workforce. Specifically, under this solicitation, BJA will be making awards to assist local and tribal efforts to prevent or reduce crime and violence. Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation Eligibility Applicants are limited to units of local government listed in the Recovery Act JAG allocation list ``- for JAG funds. &;a T (See "Eligibility," page 2) � Deadline Registration with OJP's Grants Management System is required prior to application submission. Applicants must obtain a DUNS number from Dun and Bradstreet prior to application submission. Applicants, including those applying through GMS, must register with the Central Contractor Registration (CCR) database. (See "Deadline: Registration," page 1) All applications are due by 8:00 p.m. Eastern Time. on May 18, 2009. (See "Deadline: Applications," page 2) !- 0- Important Note to Prospective Applicants This solicitation is issued pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), which was signed into law by President Obama on February 17, 2009. As of the date this solicitation is issued, government -wide guidance is still forthcoming on various aspects of the Act. Applicants are strongly advised to check the appropriate web site and www.oip.usdoi.00v/recoverv/solicitationreauirements.htm, periodically (including before submitting an application) for updates to this solicitation and its associated requirements. Additional information may become available that could affect project proposal narratives, timelines, budget requests, certifications, and other matters related to applications. Award recipients will be required to follow any applicable provisions of government -wide guidance that may be issued pursuant to the Recovery Act. Contact Information For assistance with the requirements of this solicitation, contact: BJA toll -free at 1-866-268-0079 or e-mail JAG Recovery ..usdoi.aov. This e-mail account will be checked hourly. A response will be provided within one business day. You may also contact your BJA State Policy Advisor at www.oio.usdoi.00v/BJA/resource/stcont.htm, or Eileen M. Garry, Deputy Director for Programs, at 202-307-6226 or eileen.aarrv. ..usdoi.aov. This application must be submitted through OJP's Grants Management System (GMS). For technical assistance with submitting the application, call the GMS Support Hotline at 1-888- 549-9901, option 3. The GMS Support Hotline hours of operation are Monday -Friday from 7:00 a.m. to 9:00 p.m. e.t. For step-by-step GMS guidance, please utilize OJP's online Grants Management System training tool: www.oip.usdoi.00v/amscbt/. Release date: March 6, 2009 OMB No. 1121-0323 Approval Expires 9/30/2009 • 0 Program Title: 2009 OPD Mobile Digital Video System Project Program Narrative: The Okeechobee Police Department constantly strives to improve the level of services to and for the community by using the most advanced methods and technologies available to us, including the use of electronic equipment that enhances the officer's ability to detect crime and criminal activity thus ensuring the public's safety. Over the years, beginning with the use of VHS cassette cameras mounted in our cars, evolving to the use of 8mm cassette camera devices, and then on to the use of CD -Rom car trunk -mounted units, we have strived to keep up with the latest technologies that help make our job easier. Lately, though, we have come to see our in -car video systems succumb to break down due to the constant use, wear and tear associated with around the clock police use. We have also seen that recent innovations in the area of police video and surveillance equipment coupled with computer technology has opened new doors and paved the way for better and more up to date equipment to be made available for law enforcement use. This includes the newest and most recent innovations in police mobile digital video systems. In order to maintain our edge and keep ahead in the game it is necessary that we embrace the newest technologies available and that is why we need to acquire the newly developed Fully Integrated Mobile Digital Video System. This new system provides for faster Video Capture, Storage and Transfer capabilities, and this new system also works with Back -end Software for better Video Management. This new technology provides reliable solid-state digital recording and at the same time provides durable resistance to temperature, dust and vibration. This newest technology we seek to acquire also embraces the use of Infrared Technology that will enable viewing in complete darkness and a nearly 70-degree wide-angle lens for a larger field of view. Our agency desires to purchase three (3) Mobile Digital Video Systems for use in three of our marked patrol cars. These new units are much needed as several of the older units based on older outdated technologies have broken down and have had to be removed from service altogether. When our agency receives the grant funds to purchase these three (3) Mobile Digital Video Systems they will be installed in the patrol cars immediately and put into service. I I ITEM NO ACCT. NUMBER J 1 001-0521-6400 11001-0521-6400 TY�UNIT I DESCRIPTION 3 Mobile Digital Video for Police Vehicle 1 NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. Possible Vendors: NAC-Network Attached UNIT I$ 4,600.00 $ 1,278.00 AMOUNT $ 13,800.001 $ 1,278.00 $ 15,078.001 AUTHORIZED SIGNATURE 0 PARTIAL 0 FINAL ty- TO: AdrW 'A r Whitehall FROM: City Clerk Gamaoies WA DATE: April 1, 2009 In addition to our daily routine work, here are items of notable Interest. Pwaonnot - Happy a4ays will be going out to. 4/13 Council Member Williams, 4120 Mayor Kirk, 4123 Brian, 424 Del BE Sam, 4127 Brian Padgett, 4130 Lt Jeff Baugh. Happy Anil ye., ,,a, io., will be going out to: 4121 Fred & Jam Slanting, 516 Jack & Kristen Boon With Sympathy cards were ser 10 Donne Robertson, 3123 his brodw in law in Abbama passed may. ® Patty, Meisa, India, Heather, Robin & Fred held a Yard SaedCar Wash & Bake Sale at City Hail on Saturday, March 21, for the Relay 4 Life City town -they raised $407.84111 ® The Relay 4 Life Event was Friday, Manua 27 ftu Saturday, Mauch 28 - htf W THANKS to the Pubic Works Depar#mentd This dept ward above & beyond to help the City Teem. They p the camp site, put the gent up, etc, then came bade to take it all down. They also had 2 employees represented on the town to walk with us urd around 1 a.m. Donnie Robertson & Brian Padget. ® Team mernbers were Petty Burnetle (Team Captain) & her daughter Olivia; Betty Clement; Molise Eddings, her fenob Bruce, & daughter Andi; Heather & Brandon Baughman; myself & my daughters Macy & Grade; 'Honorary Members' who canna out to support us were Briann & Diane Whitehall and Oscar & Linda Bermudez. The fined amount raised by the City Team was $704.25. We also brought home: * 1 d place Camp Site - * 2nd place Team Flag (thanks tD Betty C. for making it far usQ - * 2"d place Team Costumes - additional info is still coming In for Most Team Spkit, Team Skit & Teem Who Raised the Most Money. (We're pretty sure we got the Team Spirit Awardf As we and only a few other teams stayed on the trade from 6 p.m. and 8 a.m.) Page 1 of 3 ® First Place Winner between the Fire, Police & Public Works Department to see who could raise the most money for the City Relay Team is ....... Public Worksl Yes, that's right, the little, 8 member dept raised $53.00, & blew away the 12 member fire dept ($25.00) & 26 member police dept. ($12.00)1 think they need to be renamed `The little department with a BIG heard' 0 A huge thanks also needs to go to Wayne & Marie Watson, owners of Triple W Airboats (located around the lake on 78). Without their assistance, our camp site would not have been what it was. The airboat, gator & deer's all came from them. Marie & her son Trey were there for several hours to support & walk with us as well as helped set up and tear down the site. Please be sure to let them know how much we appreciate them, other people who know them were trying to go ahead and "reserve" the airboat for next year - but, we're first on the list as it goes right now! Fundraisers/Other Organizations • The City gets asked to participate as a Team in a lot of events throughout the year. This year we were asked to have a March of Dimes Team & a Relay 4 Life Team. Since the events were so close together, there was no way we could do both. Since I'm the one, who is generally contacted about these, I thought that I'd let both organizations know that we cannot do both events every year. Past experience has taught me that the Relay event is very exhausting to everyone. So the solution I gave was that we would alternate years. Both organization representatives understood, and appreciated me going ahead and sharing this with them. So, for the 2010 year we will have a March of Dimes Team, the event is a 5k walk on a Saturday morning, generally in the early part of March. Then in 2011, we'll do the Relay Team again. The Making Strides Against Breast Cancer Walk has been discontinued in Okeechobee, and I understand that this will be the last year of the Cattle Baron's Ball as well for ACS. I also would like for other det)artments to be aiven the leadershit, of these events. instead of it iust falling on the General Services & Clerk's Office to head them uo. so that everyone has a chance to be involved. Holidays - City Hall will be closed in observance of Good Friday, April 10. Education, Vacations, Etc - I will be out the week of April 6-10. There is a City Council Meeting that week, Melisa will be at the meeting in my place. I am chaperoning the 8' grade Washington, DC field trip with my daughter. Ordinances & Resolutions - Subdivisions continue working on the revisions, need further input from LaRue's office. Code Enforcement Citation Resolution. The final draft of the resolution was presented to the Code Board at their March 10 meeting, they want to workshop the resolution, Chief Smith is working on scheduling the workshop/special meeting. Once they are in harmony as to what they want to present, a final recommendation will be forwarded to the City Council. Page 2 of 3 International Prouertv Management Code. The "code" was recently updated for a 2009 version. Chief Smith is obtaining a copy of the new one, once all has been received and reviewed a final proposed ordinance will be forwarded to the City Council. Records Management - We have run into an unforseen problem with the final item to be purchased for the Laser Fiche system. Apparently there are only 2 software programs, out of all the available software that run web sites, that are not compatible with Laser Fiche. We have discovered that our web site is managed by one of them. Other avenues are being researched to see whether it will still be a possibility to have the records on the web. We continue to plug away with the records each week. The records room is not as we want it yet, but its getting there. Sunshine - Attached are some recent articles regarding sunshine violations in other cities & lessons they learned. Miscellaneous - I have received a subpoena to appear at the CAS v. City of Arcadia, which should go to trial within the next 6 months, they obtained copies of our minutes and accounts payables to CAS regarding the 2004-2005 hurricane clean up. No new info on this matter to date. Attached is an article on two cities who are meeting only once a month to curb costs. SB 2292, that was being pushed by Sen. Ronda Storms, would have allowed local governments to replace the printed notice with an intemet notice and a direct mailer to citizens who signed up to receive them. Sen. Bennett said his staff would do a project this summer on ads in newspapers and intemet. End result is this issue is dead for this year. Page 3 of 3 Some recent articles regarding the Sunshine Law case in Venice. Just like to remind everyone about these issues and that we do not have any written or adopted rules in place regarding emails for the Council and citizen boards. Might be something that needs to be looked at. Also, articles from Avon Park & Naples going to one meeting or reducing the number of meetings each month. If Council is interested, I could work up some figures to see what our savings would be should they want to pursue this possible costs savings. Sunshine suit provides costly lesson in public records By Kim Hackett, Herald -Tribune, 3/9 VENICE - As the open government lawsuit against city officials winds down with a scheduled City Council vote Tuesday on a proposed settlement, Venice has changed many of its policies and made the public more aware of the law. The city has instituted training on Florida's Government -in -the -Sunshine and public records laws. And it now requires all officials to use only city e-mail accounts to conduct official business. Advisory board members are also now required to use city e-mail. The suit centered on the private e-mail communications among two groups of city officials with opposing views on growth at the city's airport, but its repercussions reached beyond Venice. The lawsuit highlighted the difficulty of maintaining public access in an electronic age and made national news when a judge took the rare step of ordering officials to surrender private computers to retrieve public documents. Similar issues started popping up across the country. Venice became an example cited by the state Commission on Ooen Government Reform in its recommendations to the Legislature on updating the Sunshine Law to reflect the widespread use of e- mail and text mPs159a➢na _ E-mail was so widely exchanged between Venice officials that, had the case gone to trial, the judge would have had the opportunity to rule on precedent -setting nuances in the law. �7 Some Venice officials have apologized, while others maintain they did nothing wrong. Their supporters say it was "all smoke and no fire." Without a trial, the officials' guilt or innocence will likely be debated for years. The experience has been costly for taxpayers. About $200,000 has been spent on lawyers and legal fees so far and they will likely top $1 million, depending on how the judge rules a few months from now. - After Sarasota resident Anthony Lorenzo filed suit last May alleging that city officials had held "electronic" meetings, using liaisons to circumvent the state's Sunshine Law and not saving public records, it became apparent that the city had problems with some of its poses Unlike many local governments, Venice was not savinq a -mails on the city server. If an official deleted an e-mail sent by a constituent, for example, it disappeared off the city server as well. It was a minor issue compared with the content of the private e-mails. The Sunshine Law prohibits two or more members of the same board, whether elected or appointed, from discussing any issue that is pending or that they may foreseeably vote on. While it is OK for officials to state a position, officials cannot engage in a back -and -forth dialogue. The easiest way to avoid a problem_ is for officials not to discuss city issues outside public meetings. ---- Among the tens of thousands of private a -mails turned over as part of the lawsuit, council members Sue Lang, Ed Martin, Ernie Zavodnyik and John Moore communicated about airport issues, often with residents who were accused of actinq as qo-betweens. There were discussions about disbanding the airport board, pushing a plan to keep the airport small, and hiring a new consultant to reflect those views. Officials have araued that their communications were legal because either they were stating opinions, the issues were not on the city aqenda at the time or they were not official office. Had it gone to trial, Circuit Judge Robert Bennett could have clarified when a public official becomes subject to the Sunshine Law and whether there is a limit to the number of "opinions" that can be exchanged without violating the law. On the opposite side, council member John Simmonds, the ex-officio member of the airport board, regularly sent a -mails to airoort board members discussina strateav to combat the Martin -Lang group. While the airport board members fell under the Sunshine Law, testimony and e-mail showed that City.__ Attorney Bob Anderson initially said it was allowable for board members to communicate with ex- officio members but changed his mind a year ago and said it was a Sunshine violation. Open government advocates said Venice's experience has made elected officials throughout the state more vigilant, knowing that they could be vulnerable to the same kind of lawsuit. 10 Venice officials move to put e-mail suit behind them By Kim Hackett, Herald -Tribune, 3/11 VENICE - The landmark open government lawsuit against current and former Venice officials is over - - except for tallying the legal bills taxpayers will have to cover. After an hour and a half of heated discussion and public comment, the Venice City Council voted 3-1 to approve a settlement ending the lawsuit filed last year by Sarasota activist Anthony Lorenzo. "We should be ashamed we're here," said council member Vicki Noren Taylor, who cast the dissenting vote and was the only council member not part of the e-mail communications cited in the lawsuit. "We are here to represent the residents and we have failed." But Taylor's colleagues said they wanted to get the 10-month-old lawsuit behind them. "The matter has gone on too long," said council member Ernie Zavodnyik. "We don't need more blows." The case was supposed to go to trial Feb. 23 but was sidetracked by a tentative settlement that had the city, rather than the individual officials, admitting to violating the law. The distinction left taxpayers on the hook for the suit's legal bills. The suit claimed that four council members and four former city officials had violated Florida's Govemment-in-the-Sunshine law, mainly by discussinq official business throuqh private e-mails. Some of the officials also allegedly violated public records rules by not savinq city -related a -mails from their personal computers. The case, which involved 140,000 a -mails and 26 witnesses, was closely followed by open government advocates in Florida and elsewhere. The council was only able to vote on the settlement after council member John Moore was dropped as a defendant, providing a quorum. Council member Kit McKeon said he was "distraught" about approving the settlement but said it would be less expensive than going to trial. "I have to tell you I am not happy," he said. The vote came in front of a packed chamber. Council members Sue Lang, John Simmonds and Mayor Ed Martin had to step off the dais because they were defendants in the lawsuit and ineligible to vote because of the conflict of interest. It was the second time the community had gathered to see a resolution to the case. Two weeks ago, Noren Taylor skipped a settlement vote to protest what she called a "corrupt" process. Had Moore not been dropped from the case, there was no other way to approve a settlement and the case would have been headed for trial. Many in the community, including Noren Taylor, said Moore 11 had a conflict of interest and should not vote. But his attorney said the state Ethics Commission advised him on Monday that Moore did not have a conflict. Moore expressed reservations over the settlement's absence of a total of legal fees for which taxpayers could be liable. There has been no official tally of the fees incurred, but because of the number of lawyers involved and the case's complexity, it could top $1 million. "We settle this case now, we stop the bleeding," Moore said. Had the case gone to trial and the city officials been found liable, the officials, not the taxpayers, would have had to pay. The city's insurance only covered $10,000 because it was a civil case that sought no damages. "The case should proceed," said long-time resident Don O'Connell, a former judge, adding that an "ethics opinion on the overall situation" was needed. Half of the eight speakers spoke against the settlement and half in favor. "I don't blame council, I blame the city," said Herb Levine, president of the Venice Taxpayers League. "These things had been happening for years." Lorenzo said he had mixed feelings about the settlement. The city had made "a strong effort" to improve public access to official communication, but he said was was "not happy about" taxpayers' liability for the costs. "I'd like to see more personal accountability," he said. The case caught the attention of open government advocates across the country after the judge took the rare step_ of ordering city officials to turn over private computers to qet public documents. Venice's experience also influenced the state Commission on_ Open Government Reform in its recommendations on how to update the Sunshine Law when e-mail and text messaqinq are commonly used. Circuit Judge Robert Bennett will determine how much Lorenzo's attorneys get paid, at hearing April 1. Remember Venice's woes: It could be you OUR POSITION: The Venice City Council e-mail nightmare has gotten the attention of other local governments. It's what educators call a "teachable moment." Editorial, Sun Newspapers, 3/22 Since the Venice City Council has become the poster case for Florida's Suns ine Law, local govemments may want to to consider putting up posters -- literally -- in government buildings to alert anyone who may be covered by the law. Posting newspaper articles may do the trick, too. 12 Sensitivity to the nuances of the Sunshine Law is not only the right thing, but it can save a lot of time, money, headaches and embarrassment. Nothing shows that better than Venice's experience. Months of headlines, untold hours with lawyers, hundreds of thousands of dollars spent. All a result of commissioners using their private e-mail accounts to discuss public business. That's a no -no. Sarasota County commissioners have become increasingly concerned in recent months with the activities of their local advisory boards and the compliance of those boards with the state's open meeting and public information law. A county attorney traveled to Englewood last month to explain the law to the members of the Englewood Area Planning Advisory Board, who had been meeting monthly despite Sarasota's decision that advisory meetings be held quarterly, not monthly. This sort of session is common practice for local governments, and that's a good thing, especially considering the now -infamous down -side. "We've certainly been using the Venice case as an example of what not to do," said Charlotte County Attorney Janette Knowlton. Deputy North Port City Clerk Patsy Adkins said city officials take pains to educate all new board members about the public records laws. Every new member receives a letter and a pocket copy of the Sunshine Law. Advisory boards get refresher courses. As for e-mails, she said, advisory board members are instructed to send a copy of any city business- related a -mails to staff liaisons. If the city receives a public access request, the a -mails are turned - over according to law. In fact, this happened recently, she said. Sarasota County commissioners took the process a step forward last week when they issued public e-mail accounts to all advisory board members. Any a -mails received on a personal account now must be transferred to the public account. As for county commissioners, all a -mails received on private accounts already are automatically sent to the public system. Knowlton said she also liked the idea and was interested in pursuing it. "It conceivably could give us better tracking," she said. For the time being, members of all boards -- including MSBUs -- are told to regard all county -related e-mails as public. County attorneys also recently videotaped their Sunshine Law presentation and posted it on the county Web site, so anyone can review proper procedures. Ultimately, public service is a public trust. Public business should be conducted in the open. Not doing so is not only unethical, but illegal. 13 Editorial: Same job, fewer meetings? Naples News, 3/8 We'll see where this goes. Naples City Council, responding to a member's idea to streamline meetings to save money, is canceling one of its two so-called workshop meetings per month. That means one workshop and two regular council meetings — where decisions are made — in order to save staff time. Council member Gary Price had estimated the city could save nearly a quarter -million dollars a year by trimming one hour off each of the four monthly meetings. City Manager Bill Moss says the cutback can be achieved without affecting public input and oversight of goings. Although watchdogging of council meetings isn't what it used to be, we'll see what citizens think. If we start hearing "We didn't know council was thinking about doing that" and "When did they decide to spend money on that instead of fixing the potholes on my street?" we will know that council and Moss have some tweaking to do. When council can meet for less time and still get the public's business fully addressed and vetted, then we'll celebrate. It's Official: AP Council To Meet Once A Month By LAURA NESBITT, Highlands Today, 3/11 SEBRING - The Avon Park City Council voted after a public hearing Monday night to meet once a month. Council members and other city officials have been meeting twice each month. None of the citizens sitting in the chamber spoke up against the change. Several councilors expressed concern that the change would give citizens less opportunity to talk to council members. According to the Office of the Attorney General, the change will not violate the Sunshine Law, which addresses "the public's right to attend meetings of public boards and commissions, not how often meetings must be held," said Sandi Copes, communications director. City Manager Sarah Adelt told council members that the city would save money with the reduction. 14 "The total approximate cost savings would be $750 and 14 labor hours," Adelt said in a phone interview while reading from an agenda item summary. According to the summary, those costs include copy paper and staff time setting up for a meeting and breaking down afterward. The summary states that receiving information packets, which are distributed to each council member "a week in advance," will allow them to make "a better informed decision." "The more we meet, the more we get to micro -manage," said Deputy Mayor George Hall. "We need to take a step back and not micro -manage as much. I'm not worried about our approachability. We've not been accused of being accessible to the public." At the February city council meeting, Hall and Mayor Sharon Schuler voted against the ordinance. Councilman Al Joe Hinson was the only dissenting vote at last night's public hearing. "I feel like we're taking something from the citizens," Hinson said regarding his reason for voting against the change. The city council meeting will be in the council chambers on the fourth Monday at 6 p.m. The Updatesl from the City Administrator's Desk 55 SE Y4 Av., Okeechobee, FL 34974 d18t6*City Hall — 763-3372 City Council meetinc o A ril 7.2009 New and Unfinished Business: • Sian Ordinance, - is on Agenda for 2Id Rdg along with notes from Bill Brisson. • Fire Review & Inspection Fee imposition, Res #09-06 passed 2/17/09. - The Resolution is attached to the Agenda as an exhibit. In connection with the fee imposition, staff concurs that the most feasible method to impose the inspection fee, outside of the normal assessment during a building permit, is to add it to the Bus Tax Receipt (BTR). Chief Smith indicated that all businesses must be inspected annually, altho' he has had difficulty in the past accomplishing same. He indicated he will apply the appropriate manpower to get it done in the future. Rather than inspect and invoice some 600+/- businesses, the more efficient method would be to simply add it to the BTR fee. • Homestead Exemption for lower income 65vr old+ - Ord #1043 - 2"d Rdg • Applicability of Special Exception - I've been asked to add this to the Agenda as a discussion point. Currently the City (and County) generally apply a special exception to the land, not the owner or use, unless otherwise specified in the motion by the Board of Adjustments. The current Code terminology discusses same as follows: Sec 70-373 (e) Change of ownership. If ownership of property subject to a grant of a special exception by the board of adjustments is transferred, including by sale or inheritance, the special exception use and the conditions and length thereof shall continue as provided in the original grant. • Local vendor preference - Ord# 1044 on the Agenda for the 1 at Rdg provides for a 5% City and a 3% County vendor preference (up to $25000 or the 5%/3% whichever is less). Essentially our existing purchasing process is: $7500+ requires bid/Council approval; $500-$7500 min of 3 quotes; <$500 budget considered and quotes if necessary. Sec 2-290 (3) refers to the open mkt purchase (defined in Code Sec 2-286) as the <$500 purch. With the discussion of this Ord all staff will be directed to also "buy local" whenever humanly possible, regardless of the local pref disposition. • Impact fee abatement.- Muhammad Nooruddin has requested consideration to abate impact fees and I brought some info to that effect to you. He is scheduled to appear on the Agenda. • County special assessment — EMS/Ambulance, — the advertised date to accept RFPs was 3112109 for evaluation, analysis and recommendation of methodology to incorp the revenue assessment which includes CITY residents. Page 1 • Mutual Aid Agreement - for coordination of emergency services w/ the County has been rec'd and we are reviewing... having Atty Cook review. • Railroad Depot — You may recall that the City has been given the opportunity to re-evaluate the Letter of Intent, at least to the extent of resubmitting through CSX's Govemment liaison. - Last week, after speaking to the CSX contact, I reduced to writing one of the overriding issues of extraordinary insurance premium required in their draft agreement..i.e. $25k/yr for Railroad Protection Insurance. Atty Cook mentioned this early in the process as a potential stumbling block. • Appointments to Code Board and Planning Board. - are on the Agenda. • City motto - A few weeks ago, I was looking for the City motto and discovered that apparently we do not have one ... or it's been kind of lost. Clerk Lane told me she's heard 'Bass Capital' or some `gateway' type description. Does anyone have any other recollection? It occurred to me that one trait (as a Yankee, anyway) that best describes Okeechobee, giving it a uniqueness, yet rural description, is 'hospitality' The motto: 'Hospitality lives in Okeechobee' Okay, let that simmer for a few days and we'll go from there! • Radios - Spoke to Jim Threewits and he indicated radio contract was imminent (as indicated in the Okeechobee News). Again, the City anticipated 72 new radios at an est cost of $317, 000 of which the City's actual expense would be $63, 000V, • Economic Stimulus Packaae applications: Canal Cleanup — Generally in Okeechobee Estates SW 21 St Storm Sewer.— from 2"d Av to 7"' Av SE 8"' Avenue Storm Sewer— from SE 3'd St to the Bridge DOT improvements at SR 70 and US 441 Sidewalk improvements — fundinv thru DOT • Main Street annual contribution, - You may recall that I was instructed to consult w/ Main Street about an annual contribution reduction. While discussing the Economic Restruc Comm (ERC) contribution it appeared as tho' Terry Burroughs (OMS Treas) was agreeable to apply a $5000 reduct'n to assist in the ERC donation (that's without OMS Board approval). I would pursue same when budget discussion occurs. • Main Street `adopt a median' woiect - Some time ago the City was approached from a few businesses about a median/blvd maintenance program wherein the business is recognized w/ a sign. The Council kind of shelved the idea due to 'commercialization', I think, on the sign placement issue. The Main Street approach may be a better plan and a sample Agreement (albeit needs some work) is attached. Please advise if you wish to have this matter re-evaluated? • Welcome sians — Main Street continues to investigate Welcome to City signs. Advised Main Street that they needed to make a presentation to the City Council on sign detail and locations. Clarified that again, with Devin Maxwell. • Relav for Life involvement - Our staff should be commended on their community efforts... they are representing the City well! A message to staff from the event Chair person Patty Burnette: Page 2 "Just wanted to give everyone an update on our successful evening Friday (3/27/09). We raised a total of $704.25. We won first and second place in a bunch of the categories, but after a long evening, I can not remember which ones, so as soon as I get confirmation, I will let you all know. As to the jars that were collected from each department these are the results: Fire Department: $25.00 Police Department: $12.00 Public Works: $53.00 WAY TO GO PUBLIC WORKS! I want to thank everyone who helped make this event a huge success. Without you all, it wouldn't have turned out the way it did. Please thank all those helpers that came again for me that don't work here. I think we all had a fun time, even though our bodies may never be the same again." THANKS ... Patty Other issues by Dept: Attorney: • NW 12 St. 800 blk p%aertv — The Council took action to accept ownership of the nuisance property in lieu of essentially foreclosing on $20, 000 +/- in liens for that property and the property at 803 NW 12ffi St. and has cleaned up the property. • Billboard dispute(s) —In Jul '08 reed a letter form Gallagher Bassett (PRM) along with a Plaintiffs (Carter Pritchett advertising and Centennial Builders) confirming a Motion for Court Ordered Mediation had been filed but there's been nothing since. (Note: The original suit pertains to the parcel at 701 SW Park St. and again, on 117108 +/- the City rec'd a listing of assertions relating to a 'Complaint for Declaratory Judgment' of which was answered on Jan 24". To reiterate - Centennial Builders riled in Circuit Court for damages associated with not being allowed to construct a billboard on SR 70 West. In Feb'08 the BOA affirmed Independent Inspector's Nov 06 revocation of the July 2006 building permit. Centennial was seeking damages of $15, 000.) (Note: On 211412007 l issued a letter to Centennial Builders essentially denying acceptance of an application for a 2"d billboard at 1301 N Parrott this after the City Council passed Res#06-10 suspending applications for billboards. The City was also served on that action. Engineering: • Handicapped (chair lift) accessibilitv to Citv Hall — Bid opening date was moved to April 13t" at 1:OOPM. Again, 1 would like to visit a site where the lowest bidder has installed the apparatus after the bid opening, prior to Council approval. Finance: • Audit - Agenda presentation for f/y/e 2008 — Hoyman Dobson, CPAs • Budget Adiustments and Financial update: 1. Plan on bringing mid -year budget adjustments and a Financial update to the April 21st Council Meeting Page 3 Finance Cont'd 2. In January I advised that a budget adjustment was being made to accommodate a proposal by Councilman O'Connor wherein his Group Health Insurance premium would be moved from the Legislative Dept and equally allocated to the Fire and Police budgets. An email was sent out advising of such and met with opposition. I want to add this to the Budget Adjustment discussion scheduled for 4/21/09. • Budget/Revenue study — Staff met with Ken Small, FL Leag, on 3/26 to review all sorts of State and local issues. Over the next few months we will try to unveil some of the ideas. Fire: • Activity report to 3/20/09 is attached • Fire brush truck, — Bid tab is attached to the Agenda with Chief Smith's recommendation to purchase the vehicle from Emergency Vehicles of Tx at $72,936. This 'impact fee expenditure' will be utilized with more versatility... ex. as our primary EMT vehicle. • Code Enforcement feesl95nes — The 3110109 Code Enf Board discussed the Code Enf Officer fine imposition process - sample Ordinance and determined they wished to have a workshop to further discuss the matter. • Code Enf Bd — Marvin Brantley. — As of 3/31/09 no closing money had changed hands. Brantley said by 4/1/09 afternoon al stuff would be cleaned up in front of the fence. (The Code Enf Board voted for a $5001day fine after 411109 if the front area is not cleaned up.) • Nuisance properties — Arrived at estimated demo costs on the worst house along NW 9ch Av, waiting on the Agreement to be returned, and 2 additional houses (in Deans Ct) that do not require an agreement, are waiting on `waivers/hold harmless' for the Fire Dept to burn all. Police: Right turn only - on north bound SE 2"d Av and south bound NE 2"d Av at SR 70 east should be done by the time you get this report. • Law Enf Trust Fund — some time ago the City stopped seizing and compounding properties (ex. Cars) associated with drug arrests because there was a pending court case that challenged local jurisdictions ability. Apparently that case has been completed and local law enf agencies are again seizing property. Chief Davis has requested clarification from Atty Cook on the matter. Public Works: • Stimulus funded sidewalk program — Continue to add clarification to FDOT on the $300k +/- project request. • Offices repair — We've had a bit of a bat infestation issue at the Garage that has been taken care of and there was a mold issue that was not fixed after hurricane Frances, et.al., so the Public Wks Dept will be working on the offices in the east building. Page 4 Public Wks Cont'd • SW 5ih Av repair — on the east side of the 600 blk of SW 5ih AV, the City has had some functional issues which we will be repairing over school spring break(this week)... including pour concrete along the side of the road surface to the sidewalk, which will prevent puddling and rock constantly slobbering out into the street. • SE 74h St OUA lift station and collection system improvement — we continue to supervise this project particularly as the road repair is concerned. You may recall, these streets were scheduled for inclusion on the asphalt program prior to the project. The City expects that all repairs (by OUA, in connection w/ their project) will be done appropriately, wait probably one year and the receive additional 50% compensation (based on 2008 bid pricing) from OUA when we do an overlay. • DOT and CSX crossinq —CSX is estimating one week, between 7/1/09 and 8/15109. One concern is that, according to their plans, 441 will be completely closed during that time and aft traffic will be diverted to NW a Avenue. • Work prociram — will be participating in the CORE (Comprehensive Offender Rehab Program), court ordered community work program, with participants working on cleaningtweeding etc. mostly on weekends. • Machine Building — After taking quotes a few month ago for the purposes of determining a budget of about 60-65, 000 we are now putting bid specs together for a 60' X 100' (12' eave height) building to be located on the north side of the existing east garage at the `City bam' area. Prior hereto the City had a lean-to which was blown away by Jean/Fran hurricanes then replaced and subsequently destroyed by Wilma. • Water Supvly Facilities Plan — LaRue's office continues work on same. Emolovee Sootliaht: Robert Morgan, Police - employment date: 2/16/07 Employment History: 2007 Probationary Patrolman ' Education: AS degree in Criminal Justice Current Rank: Police Officer Duties: Enforcing State Law/ City Ordinances. Specialized Training: ' Breath Test Operator, Taser Operator Laser and Radar Speed Measurement Chief Davis, "Officer Morgan went to work for the City in February of 2007 .Scott is a very hard worker and is always willing to work overtime whenever he's needed. Scott has strong work ethics and gives the city 100% every day. I'm glad he's a member of our team and hope he grows roots and stays with us." Page 5 ADOPT - A - MEDIAN PARTNERSHIP AGREEMENT Congratulations on your choice to adopt a median in the City of Okeechobee. There are XXX medians in the City right of ways which are begging to be adopted. These grassy strips in the center of streets are a great neighborhood beautification project. They also make a great advertising opportunity for businesses. Now that you have taken the first step in the process the second step is to read and sign the agreement below. The agreement explains the responsibilities of the partnership to protect the City/County and the adoptee. This Agreement, between the City of Okeechobee, and (Name of individual, company, or organization responsible for median(s) to be adopted) ("Adopter") Is to provide a means of beautifying and maintaining the following median(s): Street Name: All labor and materials associated with the beautification and maintenance of the median(s) are the sole responsibility of the Adopter. Adopter Responsibilities If Adopter wishes to beautify the median in addition to keeping it mown and free of litter, Adopter shall submit a landscape plan on a City supplied, `Typical Median Planting" sheet showing all intended improvements. This plan will be reviewed by the Urban Forestry Department. Adopter's plan must be approved before Adopter begins improvements. A Right -of -Way Utilization Permit must be obtained from the City's Building Inspections Office to allow work within the public right-of-way and this agreement shall be made a part of that permit. There shall be no charge made nor fee paid for such permit. Median Planting & Signage Guidelines: 1. Trees may be planted in the center area of the median no closer than 30' from each end of the median. 2. Bushes, shrubs and flowers may be planted with a 2' buffer of maintained grass along each pavement edge and such bushes or shrubs shall not be over 24" in height and need to be regularly pruned to maintain a neat appearance. 3. Lawn sections will need to be 4. Inspect the adopted median(s) on a weekly basis (including the winter) and remove weeds, debris, broken glass, and litter from the median(s). 5. The grassy area during the growing season requires biweekly mowing to maintain a manicured appearance. 6. Planting of wild flowers and other native vegetation is encouraged. 7. Trees having branches, limbs, etc., encroaching within 2' of or over the traveled way shall be pruned at least twelve feet above the pavement. 8. Underground sprinklers are not permissible in the median. 9. Bricks, Stones, etc., cannot be used around the perimeter of the median. 10. Only signs provided by the City are permitted on medians. No promotional or political signs or religious symbol of any kind are allowed on medians. 11.Abide by all safety guidelines. 12. It is highly recommended that all plant material be native, hearty, and drought tolerant. Please see the attached page for a list of plant material that do well in urban conditions. Termination/ Term of Agreement The median(s) shall remain the property of the City. If, in judgment of the City, it is found that Adopter is not meeting the terms and conditions of the City's Agreement, the Adopt a Median Program Manager may terminate this Agreement and remove all signage. City reserves the right to change or cancel the location of Adopter's median(s) for any reason. Adopter has the right to terminate this Agreement within 30 days notice in writing to the City of Okeechobee Adopt a Median Program Manager. Adopter agrees that its volunteers and/or agents are not acting as agents or employees of the City of Okeechobee, and also agrees to release the City of Okeechobee from any liability arising hereunder. This Agreement shall be in effect when signed by both City of Okeechobee and Adopter. Adopter shall not perform any work in said median(s) under this Agreement once expiration or termination of this Agreement has occurred. Any work performed in those medians after expiration or termination of this Agreement is unauthorized and is done at Adopter's own risk. Please fill in the bolded areas below and send or fax, the agreement: ADOPT A MEDIAN AGREEMENT Organization Adopting Median: Adopt A -Median sign to read as: Adopter Contact (Printed): Adopter Contact (Signature): Address and Zip Code: Phone Number: Fax Number: Email Address: Date: . City Approval Signature: ADOPT A MEDIAN SAFETY GUIDELINES 1. Workers should work only during daylight hours. 2. Work should be scheduled during light traffic times 3. Workers should wear reflective or light colored clothing for increased visibility (orange safety vests are highly recommended). 4. One person should be designated as crew leader and shall instruct all workers on proper safety procedures. 5. Children under 15 years old shall be closely supervised by an adequate number of adults. 6. Access to a first aid kit must be readily available. 7. All workers and equipment shall be in or on the median. No lanes of traffic are to be blocked or diverted. 8. All Workers should be alert and use common sense at all times • Avoid the use of headsets, • Avoid overexertion and have plenty of water available on hot days, • Sunscreen is recommended for sunny days, • Make sure you have the proper tools you need, • Face on -coming traffic as much as possible, • Do not back tools, arms, legs, or yourself into traffic, • Caution, many trucks have large mirrors that might hang over the median. CITY OF OKEECHOBEE FIRE DEPARTMENT STATUS REPORT 20-Mar-09 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: February 2009 Status Report INCIDENTS Total of 109 Calls Fires 8 Med/rescue 93 Haz mat 1 Service Call 1 Good Intent Call 4 FalseAlarm/Cancelled 2 Misc. 0 Conducted Investigation of Fire at 807 NE 8th ave PLAN REVIEWS (Chief Smith reviewed the following): Total plans reviewed: Five Guys Restaurant Shumate Building (70 west) Fire Alarm System in Hampton Inn INSPECTIONS (Annual, New Business, New Owners, etc.) Chief Smith completed: 5 Special Inspection for Five Guys Hood, Fire Alarm, and Sprinkler System Had to go back several times to above business for re -inspections Other Inspectors: 5 MEETINGS (Chief Smith attended the following): * Council * Administrator's Staff * Code Enforcement * Talked with Joe at Hampton Inn about project * Met with Administrator, Betty, Cook, and Lane about Code Enforcement issues * Met with India in her office about inspection fees RE: February 2009 Status Report (Pg 2) FIRE PREVENTION & PUBLIC RELATIONS Fire Crew attended/participated in parade NYC 1��1� * Fire Crews conducted/participated in monthly in-house training throughout the month utilizing the FETN training network and applying training in the field for practical exercises. * Firefighters conducted EMS training * Ladder one training PERSONNEL N/A STATION AND EQUIPMENT * Began updating NFPA and Fire Safety Books due to State Updates * Completed specs for Bids for new Brush Truck * Had to have pagers repaired * Still having A/C problems with Engine 6 (basically system has been replaced due to wear) * Fire Crews replaced/updated City/County Maps in bay * Fire Crew repaired pressure cleaner at the station * Mechanic performed Preventative Maintenance on Engine 7 * Thermostat in Dayroom upstairs had to be replaced (Quality Air)