CITY OF OKEECHOBEE MARCH 20, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE MARCH 20, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 I. CALL TO ORDER - Mayor: March 20, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Edward Weiss, Church of Our Saviour; Pledge of Allegiance to be led by the Girl Scouts. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell 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 Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson Mayor Kirk called the March 20, 2012, Regular City Council Meeting to order at 6:02 p.m. The invocation was offered by the Reverend Edward Weiss, D.D., of the Church of Our Saviour; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent Absent IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Award of Valor presented to Code Beasley, Brandon Smith, and Travis Mauldin. Three local youths of our community were asked to attend the meeting in order for the City to honor them for their heroic actions, where they saved the life of another person. Mr. Cody Beasley, Mr. Travis Mauldin and Mr. Brandon Smith, were each presented, a Valor Award. Mayor Kirk reiterated the events that took place on August 17, 2010 at the Ft. Pierce inlet, praising their efforts in risking their own lives to help a person they did not know, and kept them from drowning. Our youth have always shown such good character, and their actions served to exemplify this even more. The plaques contained the City seal, their name and read, Honoring your selfless act of valor by risking your life to an extraordinary degree to save the life of others, and included today s date.

2 MARCH 20, REGULAR MEETING - PAGE 2 OF 11 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. a Fifteen-Year Longevity Service Award to Tom Tarner. C. a Five-Year Longevity Service Award to Cesar Romero. Mr. Tom Tarner was presented a Certificate of Longevity and award, an engraved mantle clock, in recognition of his fifteen years of service. Mr. Cesar Romero was presented a Certificate of Longevity and award, an engraved silver pen, in recognition of his five years of service. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 6, 2012 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2012 Warrant Register. VII. - Mayor. General Fund...$403, Public Facility Improvement Fund $ 16, CDBG (Housing Rehabilitation) Fund $ 11, Capital Improvements Project Fund $ 6, Law Enforcement Special Fund $ A. Requests for the addition, deferral or withdrawal of items on today s agenda. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the March 6, 2012 Regular Meeting; seconded by Council Member O Connor. There was no discussion on this item. Council Member Watford moved to approve the February 2012 Warrant Register, in the amounts: General Fund, four hundred three thousand, two hundred thirty-five dollars and thirty-three cents ($403,235.33); Public Facility Improvement Fund, sixteen thousand, eight hundred forty-nine dollars and sixty-nine cents ($16,849.69); CDBG (Housing Rehabilitation) Fund, eleven thousand, one hundred sixty-seven dollars and ten cents ($11,167.10); Capital Improvements Project Fund, six thousand, six hundred forty-one dollars and eighty-five cents ($6,641.85); and Law Enforcement Special Fund, seventy-five dollars ($75.00); seconded by Council Member O Connor. There was no discussion on this item. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda. There were none.

3 MARCH 20, REGULAR MEETING - PAGE 3 OF 11 VIII. NEW BUSINESS. A. 1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1082, General Employees/OUA Pension Plan - Pension Attorney Scott Christiansen (Exhibit 1). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to ready proposed Ordinance No by title only. 2. a) Motion to approve the first reading of proposed Ordinance No b) Discussion. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1082, amending the City General Employees and OUA Retirement Plan; seconded by Council Member Williams. Attorney Cook read proposed Ordinance by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council Member O Connor moved to approve the first reading of proposed Ordinance No. 1082; seconded by Council Member Williams. Mayor Kirk yielded the floor to Pension Attorney Christiansen, who was present on behalf of all three pension plans to answer questions the Council may have. The proposed ordinances are mostly house keeping items. In response to several questions, Attorney Christiansen explained, the change in the definition of actuary equivalent means, when someone retires they have the defined benefit and that is based on a calculation. They have the option of getting other optional forms of benefits, in other words instead of a life only benefit they can select a 10-year certain of life or they can select a benefit with their spouse. In order to come up with the monthly amounts associated with those various options, and they all have to have the same value, the actuary has to do a calculation. That calculation uses a mortality table and interest rate, which were recently updated. The Pension Actuary is recommending we keep the table and interest rate in the actuary equivalent definition, which means the amount/rates have to be the same as what we are using in the actuarial evaluation. There is also a provision to eliminate the requirement by national or state banks. The police and fire plans eliminated this provision in previous amendments, we believe this was inadvertently left in the general plan a few years ago. Attorney Christiansen offered a few additional explanations regarding the plan and the effects of return of investments based on the limits set out by ordinance, compared to other plans across the State.

4 MARCH 20, REGULAR MEETING - PAGE 4 OF 11 A. 2. c) Vote on motion to approve the first reading of proposed Ordinance No B. 1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1083, Police Pension Plan - Pension Attorney Scott Christiansen (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to ready proposed Ordinance No by title only. 2. a) Motion to approve the first reading of proposed Ordinance No b) Discussion. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1083, amending the Police Officers Retirement Plan; seconded by Council Member Williams. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 1054; AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council Member O Connor moved to approve the first reading of proposed Ordinance No. 1083; seconded by Council Member Williams. Pension Attorney Christiansen noted the same definition of actuarial equivalent is included in this proposed ordinance as well as a change in the definition of salary in order to meet the new state requirement based on House Bill Last year the State Legislature adopted this bill, which has caused some changes and restrictions with regard to the items of salary that can be included for purposes of determining pension benefits. Effective July 1, 2011, the City can no longer include for pension purposes, in the definition of salary, more than 300 hours per year in overtime or any lump sum payments of sick or vacation time. However, we cannot take-away amounts on the books as of July 1, For example, an employee has 300 hours on the books as of July 1, 2011, and they are not going to retire for another 5 or 10 years. When they ultimately retire, they only have 200 hours, they will receive pension credit for 200 hours. By the same token, the employee had 300 hours as of July 1, 2011, when they ultimately retired they have 400 hours, they would only receive pension credit for up to the 300 hours. These changes will essentially lower the payout from the plan.

5 MARCH 20, REGULAR MEETING - PAGE 5 OF 11 B. 2. b) Discussion of proposed Ordinance No continued. c) Vote on motion. Council Member Williams asked for clarification whether the State adopted a change to the interest rate for the drop program? Attorney Christiansen explained, the change was adopted. However, it only affected the State s Retirement System, not the local plans. C. 1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1084, Firefighters Pension Plan - Pension Attorney Scott Christiansen (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to ready proposed Ordinance No by title only. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1084, amending the Firefighters Retirement Plan; seconded by Council Member Williams. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 1055, AMENDING SECTION 1, DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 2. a) Motion to approve the first reading of proposed Ordinance No b) Discussion. c) Vote on motion. Council Member O Connor moved to approve the first reading of proposed Ordinance No. 1084; seconded by Council Member Williams. The same change was proposed for the actuarial equivalent definition in the Fire Plan. KIRK - YEA MAXWELL - ABSENT O CONNOR - ABSENT

6 MARCH 20, REGULAR MEETING - PAGE 6 OF 11 D. 1. a) Motion to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1085, authorizing the City Council to fill vacancies of elected official offices - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. D. 1. c) City Attorney to ready proposed Ordinance No by title only. 2. a) Motion to approve the first reading of proposed Ordinance No b) Discussion. Council Member Watford moved to read by title only, and set April 3, 2012 as find public hearing date for proposed Ordinance No. 1085, authorizing the City Council to fill vacancies of elected official offices; seconded by Council Member Williams. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE II CITY COUNCIL, CREATING SECTION 2-39 FILLING OF VACANCIES IN ELECTIVE OFFICES; PROCEDURES; PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Council Member Watford moved to approve the first reading of proposed Ordinance No. 1085; seconded by Council Member Williams. Exhibit Four included a memorandum from Clerk Gamiotea explaining that while reviewing the election code and current Florida Statutes, she realized that the City only addressed half of the requirement listed in F.S (6), Each municipality shall by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawn, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office. The only explanation she could find, was sometime between 2000 and 2001, when the City was working on the code book overhaul project, the attorney for Municipal Code Corporation noted the City did not have a section in the Elections Chapter addressing the second part of the above statute, therefore Sec was added. This section provides provisions to reopen qualifying week, should there not be sufficient qualified candidates to have an election, due to one of them withdrawing or death. In addition to that change, several editorial changes were made between the Charter and Code Book Chapter 2, Administration, including the creation of Sec The city council shall fill all vacancies in all city offices which may become vacant by death, removal, resignation or otherwise. However, this was existing language in the Charter as well and is tied to the City s obligation to fill department head type offices, not elected official offices.

7 MARCH 20, REGULAR MEETING - PAGE 7 OF 11 D. 2. b) Discussion of proposed Ordinance No continued. She s researched how several other cities addressed the matter. Each has a clear policy on filling vacancies for elected offices. In other areas they address how offices are filled as they relate to a department head type office. The materials were reviewed with Attorney Cook, and he agreed the City should have a clear policy and list the procedures for carrying out how to fill the vacancy of an elected official. She also pointed out that the procedures proposed may not work when filling the vacancy during an election year. Some cities listed in their procedures that should the vacancy be within a certain time frame of qualifying week, the position would not be filled. However, should the City do this, they would only have a four-member Council from at least August to January. The procedures listed in the ordinance could also be deleted and add language that the City Council will adopt a Policy to set the procedures in place when the issue has to be addressed. Council Member Maxwell was not present at the meeting. However, he offered via a memorandum to the Mayor and Council distributed at the meeting, that he was concerned the amendment required a referendum, and that the position should be filled by the voters in a special election. Council Member Watford reminded everyone that the Council has already filled a vacancy on the Council. A Council Member ran for County Commissioner and did not get elected. Due to the resign to run law, his effective date for resigning from the City Council was in November. However, new City Council Members are not sworn in until January. The Council decided to appoint that same person to finish out their term on the City Council. Attorney Cook added that it appears the issue will not require a referendum, since the Charter does not address the matter, and the statute allows for it to be addressed by Charter or ordinance. However, for clarification, the Clerk and Attorney Cook will research the matter further as well as address Council Member Williams point to clarify that the appointee will remain until the term of the office they are replacing. We need to ensure the terms remain staggered as set, every other year with three seats and two seats. c) Vote on motion. E. ation and discussion of the Comprehensive Report of the 2012 Legislative Session in Tallahassee - CAS Governmental Services. Mr. Dale Milita, Mr. Ken Grimes and Ms. Connie Vanassche of CAS Governmental Services, LLC, the City s legislative lobbyist, distributed copies and presented a report from the 2012 session. The Florida Legislature entered the session with a $1 billion shortfall. Considering this deficit, continued budget cuts, lays offs, and mandates, small counties and cities overall fared well.

8 MARCH 20, REGULAR MEETING - PAGE 8 OF 11 E. ation and discussion of the Comprehensive Report of the 2012 Legislative Session in Tallahassee continued. There were approximately 3,000 bills filed, the House of Representatives filed 1,008 bills and the Senate filed 2,052 bills, of the bills filed the Senate passed 149 with 52 passing both houses. The House passed 439 bills with 240 passing both houses. While the report distributed at the meeting contained all items diligently worked on for the County, OUA and City, specific items of notable interest to the City were: -Changes to the tangible personal property tax bill, increasing the exemption but not total repealing, which would have had extremely adverse impacts to small rural counties. -Fertilizer issue for local governments did not pass. -Requirements on boards to have public testimony did not pass. -Repealing the local business tax bill did not pass. -While SB 206 passed, the language was modified to remove the requirement that local governments post all contracts on a state web site. -Passing of HB1175 clarified additions to the synthetic drug statue. -Sworn law enforcement officers can fill in on 911 communication (dispatcher) positions. -Prevented changes in drug weights that would have been overreaching. -Passing of HB 885 on secondary metals recyclers and secondhand dealers, adds additional requirements into law for the buying and selling of restricted metals property. Local governments that adopted ordinance prior to March 1, 2012 regulating the purchase or sale of these materials are grandfathered but can only amend those ordinances in the future to meet state law. -HB 119 Motor Vehicle Personal Injury Protection (PIP) Insurance. Budget issues relative to grant possibilities for the City were noted, specifically $200, for the City s Commerce Center Storm Water Program, which pertains to the incomplete South Florida Water Management District permit as it incorporates water retainage methods on each lot, and completing the southernmost lake area. The second item is $250, for the City s Storm Water Retrofit Program relative to the dredging of canals in Wilcox Shores, Okeechobee Estates and Taylor Cove/Central Park Subdivisions. The Mayor and Council thanked Mr. Milita and his team for their work on behalf of the City. There was no official action necessary on this item. F. Motion to approve a Medical Director Agreement with Dr. J. Michael Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). Council Member Watford moved to approve a Medical Director Services agreement with Dr. J. Michael Adelberg, M.D., FAEP, in the amount of six hundred dollars ($600.00) per month; seconded by Council Member Williams; with the notation that the copy of the agreement within Exhibit Five did not have the correct wording for paragraph C. It needs to read, the medical director shall commence work under this agreement on April 1, 2012 and shall continue to provide services until otherwise terminated as addressed in paragraph D herein below. Attorney Cook verified this does not constitute a motion to amend as it is just a different way of saying the same thing in the current copy.

9 MARCH 20, REGULAR MEETING - PAGE 9 OF 11 F. Motion to approve a Medical Director Agreement with Dr. J. Michael Adelberg, M.D., FAEP - Chief Smith (Exhibit 5). G. Discuss Chamber of Commerce of Okeechobee County Lease Agreement - City Attorney (Exhibit 6). Exhibit Six contained another lease agreement version for the Council to consider. The lease agreement is for the building at 55 South Parrott Avenue, to the Chamber of Commerce of Okeechobee County. The language in the lease has been discussed at several previous meetings. Administrator Whitehall began the discussion by explaining that while this is the latest rendition, there are proposed amendments to it. For the purposes of easily interpreting what the City s and the Chambers individual responsibilities will be, the latest proposal is that in lieu of improvements more than $500 being split 50/50, the City will take the responsibility of maintaining and repairing the roof. The Chamber would essentially take care of all other capital improvements and maintenance issues. The roof is the Chambers biggest anxiety. This simplifies the criteria and makes it a lot cleaner. The other major points (as discussed from previous meetings) are that the Chamber will share in the property insurance premium, the improvements and maintenance to the parking lot will be the City s responsibility, this includes striping and providing appropriate handicap parking space. The City will maintain the lawn and irrigation, while it will be the Chambers responsibility to maintain all the landscape. Mayor Kirk noted, one of the things that is difficult to get your arms around is the fact we are not a normal tenant-landlord. He recommended the changes being made as outlined by the Administrator and proceed with approving the lease. Administrator Whitehall added, Council Member Maxwell is absent and asked the Council to read through his memorandum listing his ideas and concerns for this item. He suggests the City essentially set a rental amount based on market value, then based on the Chamber meeting certain performance criteria, the City would reduce the rental amount, conceivably to zero. The problem is the performance criteria has not been established. He and Mr. Burroughs discussed this concept and they believe it would call for a subsidiary agreement between the City and the Business Development Board. Should the Council be interested in heading this direction, Staff can work toward that in the next three to six months. Mayor Kirk stated, the latest proposal is only for a five-year term. The Council made it clear they did not want to get into supervising the Chamber. He was not comfortable with approving and signing an agreement that he knew would be coming back for further negotiations within the year. Stating further, items that need to be addressed, need to be done so now, and get this behind us so they can move forward. Council Member O Connor added his agreement with the Mayor s statement.

10 MARCH 20, REGULAR MEETING - PAGE 10 OF 11 G. Discuss Chamber of Commerce of Okeechobee County Lease Agreement continued. Council Member Watford agreed with the Mayor as well and elaborated further, Council Member Maxwell has obviously put a lot of thought into this issue, and he appreciated those efforts. However, this is a little different from your standard commercial lease. The City should not get into the position of micro managing the Chamber. He was confident the Chamber can and will perform the way the residents of the City expect. They realize their position, are stepping up and willing to do it. It is critically important, as we have been without a Chamber for a long time, to get them in there. The other issue is this new chamber is really a hybrid or new breed of Chamber. It is not what we are used to, nor what we had before. It is not only based on tourism and answering questions/inquiries, it has expanded from that to the business development side, which is just as important. This is a great opportunity for the City, Chamber and County. Council Member Watford, moved to approve the Lease Agreement between the City and Chamber of Commerce of Okeechobee County, with the amendment that the City handle the roof repairs and maintenance and the Chamber will handle all other repairs and maintenance; seconded by Council Member O Connor. Mayor Kirk asked Administrator Whitehall and Attorney Cook, whether they were certain everything that needed to be addressed was addressed sufficiently? Council Member Watford added, and we are certain we can terminate the lease based on the causes listed. Administrator Whitehall responded, to the best of my knowledge, substantively everything is addressed. Attorney Cook answered, we added the changes that the Council wanted, then in paragraph three, the means and efforts used by the Chamber to accomplish its goals are within the discretion of the organization. So we balanced the language with allowing nonperformance to be a termination factor, without micro managing them. They must remain a viable, operating Chamber of Commerce in order to remain in the building. To try to quantify performance would be almost impossible. What is acceptable to this Council today, may not be acceptable in two years when you may have a different Council here. However, Council Member Maxwell s memorandum suggested a couple of language changes, and he agreed, the change clarifies some of the language. These will be implemented in the final copy to be signed. Lastly, it appears a sentence was left out from this draft, page four the assignment provision needs to be expanded as to be clear the Chamber cannot sublease the building without written permission from the City. Mayor Kirk and Council agreed with the modifications and any other areas that need to be clarified more.

11 MARCH 20, REGULAR MEETING - PAGE 11 OF 11 IX. UNFINISHED BUSINESS. A. Discuss Attorney Cook s Annual Evaluation. B. Discuss Administrator Whitehall s Evaluation. As provided in Attorney Cook s employment services contract, each year the Mayor and Council Member completes an evaluation on Attorney Cook s employment performance. Mayor Kirk received the evaluations and calculated an average score of 3.85 out of 5.0. Mayor Kirk thanked Attorney Cook for the service he provides to the City. Attorney Cook thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk for final processing and retention. Administrator Whitehall s employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. Mayor Kirk received the evaluations and calculated an average score of out of 5.0. Mayor Kirk thanked Administrator Whitehall for the service he provides to the City. Administrator Whitehall thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk for final processing and retention. X. 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 Clerk. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:36 p.m. The next regular scheduled meeting is April 3, 2012 at 6:00 p.m. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk