CITY OF OKEECHOBEE MARCH 17, 2015 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE MARCH 17, 2015 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 I. CALL TO ORDER - Mayor March 17, 2015, City Council Regular Meeting, 6:00 P.M. COUNCIL ACTION - DISCUSSION - Mayor Kirk called e March 17, 2015, Regular City Council Meeting to order at 6:00 P.M. II. III. IV. OPENING CEREMONIES Invocation to be given by Reverend Ed Stewart, New St. Stephens AME; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smi Public Works Director David Allen - Mayor A. Requests for e addition, deferral or widrawal of items on today s agenda. In e absence of Reverend Stewart, e invocation was offered by Council Member Watford; e Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called e roll: Absent Absent (Sergeant Detective Bettye Taylor was in attendance) Absent (Firefighter Lalo Rodriguez was in attendance) Mayor Kirk asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. New Business Item A, Independent Parking Study was widrawn. Added in its place is e Florida Department of Transportation (FDOT) termination of Contract No. AM859, Highway Lighting Maintenance and Compensation Agreement, Exhibit 7. V. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Tribute to Mrs. Mara Conely honoring her 100 Birday. In honor of Mrs. Mara Conely s 100 Birday, Mayor Kirk presented her wi a proclamation encouraging all fellow residents, family and friends to pay her tribute and wished her heal and happiness. The proclamation was read as follows:

2 MARCH 17, REGULAR MEETING - PAGE 2 OF 9 V. PRESENTATIONS AND PROCLAMATIONS CONTINUED A. Tribute to Mrs. Mara Conely honoring her 100 Birday continued. COUNCIL ACTION - DISCUSSION - V WHEREAS, Mrs. Mara Godard Conely was born on March 17, 1915, in Quincy, Florida, and is celebrating her 100 birday is year; and WHEREAS, Mrs. Conely was one of ree children born to Dr. Robert F. and Mrs. Susie Davis Godard; growing up she attended e Florida State Girls School where she developed a love of teaching; and WHEREAS, Mrs. Conely moved to Okeechobee in 1932, and married her loving husband, Thomas W. Conely, Jr., on June 19, 1938, where ey spent 31 wonderful years togeer until Tom was called home to e Lord in They were blessed wi ree children: Thomas, III (Tom-Tom), Fain, and Mara Sue, and fortunate to have two grandchildren: Kim and Thomas, IV; and WHEREAS, Mrs. Conely began her teaching career wi e Okeechobee County School System as e first Home Economics teacher. Mr. Conely, an attorney, served as Mayor of Okeechobee City from , and as one of e longest sitting County Judges in e County s history, having served 25 years in at capacity; and WHEREAS, roughout her life she has devoted her time to taking care of her family and serving her Lord as a Sunday School teacher for 35 years at e First Baptist Church of Okeechobee, until her 90 birday when she retired. She was a member of Chi Omega Sorority and enjoyed sewing, crocheting, knitting and crafts, and made some of e finest baked goods around; and WHEREAS, Mrs. Conely, has been a blessing to all she has come in contact wi over e past 100 years and is joined by friends and family today to celebrate is exciting milestone in her life. NOW THEREFORE, I, James E. Kirk, by virtue of e auority vested in me as Mayor of e City of Okeechobee, do hereby wish Mrs. Mara Conely a very happy 100 birday and may she continue to share her love and joy wi oers. FURTHERMORE, I do hereby encourage all fellow residents, family and friends to pay tribute to Mrs. Conely on her 100 birday and wish her heal and happiness in all her days to come. Mrs. Conely was accompanied by her son Tom and daughter-in-law Mae Conely, daughter Mara Sue, and son-in-law Jim Vensel. Her family anked e Mayor and Council for is honor and tribute. VI. MINUTES - City Clerk A. Motion to dispense wi e reading and approve e Summary of Council Action for e February 17, 2015, Regular Meeting. Motion and second by Council Members Chandler and O Connor to dispense wi e reading and approve e Summary of Council Action for e February 17, 2015, Regular Meeting. There was no discussion.

3 MARCH 17, REGULAR MEETING - PAGE 3 OF 9 VII. WARRANT REGISTER - City Administrator A. Motion to approve e February 2015 Warrant Register: General Fund...$343, Public Facilities Improvement Fund $ 18, Appropriations Grant Fund...$ 1, Law Enforcement Special Fund...$ VIII. CENTENNIAL UPDATE A. Monly update from e Centennial Celebration Ad Hoc Committee Chair - J.D. Mixon (Exhibit 1). COUNCIL ACTION - DISCUSSION - Motion and second by Council Members Watford and Chandler to approve e February 2015 Warrant Register in e amounts: General Fund, ree hundred forty-ree ousand, four hundred twenty-five dollars and fifty cents ($343,425.50); Public Facilities Improvement Fund, eighteen ousand, four hundred ninety-seven dollars and seventysix cents ($18,497.76); Appropriations Grant Fund, one ousand, one hundred twenty-five dollars ($1,125.00); and Law Enforcement Special Fund, fifty dollars ($50.00). There was no discussion. Centennial Celebration Ad Hoc Committee (CCAHC) Chairperson, Mr. J.D. Mixon, presented e monly update to e Council as outlined in Exhibit One: The CCAHC requested e City obtain quotes for photographers and/or videographers for e purpose of documenting all e Centennial events; two were received. Mr. Joe Allen, a local photographer of Allen s Photographs, was awarded e project, wi e exclusion of e posed photographs at e Gala. He is donating his service and only asking $ to cover fuel costs for e year. The videographer position will be rebid since e only one received was not wiin e budgetary constraints. The CCAHC members and Clerk Gamiotea volunteered eir time, participating at e following events: e Battle of Okeechobee Re-enactment, e County Fair, and e Speckled Perch Festival, which resulted in sales of sponsorships and all of e second order of Centennial Tumblers, (totaling 200 tumblers sold to date). A ird order for 200 has been placed. The Historical Bus Tour tickets are also selling well, and can be obtained at e City Clerk s Office and/or e Chamber of Commerce. The April 11 tour has sold out, wi e next available tours being: June 20, September 19, and October 17. It was noted at e only way to obtain e Commemorative Post Card Book is by purchasing a ticket for a bus tour or a sponsorship. The front walkway Capital Improvement Project to commemorate e Centennial is underway wi e website in its final stages of development, and en e sales of e brickpavers may commence. There has not been any progress on e Centennial Park. The General Federation of Women s Club (GFWC) hosted eir Centennial Movie in e Park featuring, Dr.Seuss The Lorax, on March 14. The next movie will be Big Hero 6" on April 11, and due to daylight savings time, showtime will be at 8 P.M. The March of Dimes Walk is scheduled for March 28. Centennial Events are: e Mayors Centennial Gala is to be held April 18, wi tickets only being available rough e purchase of a sponsorship, at is time only 32 tickets are left. The catering and decorating for e event has been awarded to 1-Stop Party Shop. The Street Talk Orchestra has been reserved, as well as e Silver Palms RV Resort.

4 MARCH 17, REGULAR MEETING - PAGE 4 OF 9 VIII. CENTENNIAL UPDATE CONTINUED A. Monly update from e Centennial Celebration Ad Hoc Committee continued. COUNCIL ACTION - DISCUSSION - The Centennial Birday Bash, will be held June 13; e Centennial Heritage Festival, will be held October 10; e Tree Lighting Celebration and Centennial Time Capsule Ceremony, is to be held December 1. The Centennial Frolic Street Dance and Barbeque is to be held December 11. The CCAHC is partnering wi existing events roughout 2015, some featuring Centennial Contests, oers will be participation; April 4, Kiwanis Easter Pancake Breakfast; Participation at e July 4 FOR Okeechobee, Inc., Independence Day Celebration; Centennial Float in e September 5-7 OKMS Labor Day Festival and Parade; Centennial Paddle Decorating Contest, October 3, at e Adam Bryant Minimal Regatta; and a Centennial Float in e December 12 OKMS Lighted Christmas Parade. The Centennial flag and banners are available for use at rodeos/parades and festivals. The Centennial banners on e light poles should be on display soon roughout downtown and e parks. No official action was necessary. The Council anked e CCAHC for eir tremendous undertaking wi e Celebration. IX. OPEN PUBLIC HEARING - Mayor A. Motion to approve a Pre-annexation Agreement wi OHCF Properties, LLC - City Attorney (Exhibit 2). MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:18 P.M. Motion and second by Council Members O Connor and Watford to approve a Pre-annexation Agreement wi OHCF Properties, LLC. The pre-annexation agreement addresses a voluntary annexation of two unplatted parcels wiin e unincorporated area of Okeechobee County, which are adjacent and contiguous to e limits of e City, for e expansion of e current nursing home/assisted living facility. The first parcel is identified as e East Parcel, located east of and contiguous to e existing Okeechobee Heal Care Facility and west of Taylor Creek. The second is identified as e Nor Parcel, located to e noreast of e existing Heal Care Facility, east of Raulerson Hospital, and west of Taylor Creek. The Council expressed e heal care facility has been a great asset to e community and City, and anked e owner for considering is annexation. The agreement spells out e procedures needed to Rezone, change e Future Land Use Classification, and obtain a Special Exception on e annexed parcels, as well as a Rezoning for a ird parcel, wiin e City Limits and located to e west of e existing nursing home, to construct a parking lot for e facility. Approval of all items are required in order for e annexation to be completed. Mayor Kirk asked wheer ere were any questions or comments from e public. There were none. Mrs. Jennifer Wiliamson and Mrs. Sandy Perry were in attendance on behalf of e nursing home.

5 MARCH 17, REGULAR MEETING - PAGE 5 OF 9 IX. PUBLIC HEARING CONTINUED B. 1. a) Motion to read by title only, and set May 19, 2015, as a final public hearing date for proposed Ordinance No. 1120, Voluntary Annexation Petition - City (Exhibit 3). b) Vote on motion to read by title only and set final hearing date. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve e first reading of proposed Ordinance No b) Discussion and comments. COUNCIL ACTION - DISCUSSION - Motion and second by Council Members O Connor and Watford to read by title only, and set May 19, 2015, as a final public hearing date for proposed Ordinance No. 1120, Voluntary Annexation Petition No. 10, Okeechobee Heal Care Facility Expansion. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ANNEXING BY VOLUNTARY PETITION TWO PARCELS OF LAND TOTALING APPROXIMATELY 4.210± ACRES OF UNINCORPORATED OKEECHOBEE COUNTY INTO THE CITY OF OKEECHOBEE, WHICH PARCELS ARE LOCATED EAST OF STATE ROAD 15 (US HIGHWAY 441) AND WEST OF TAYLOR CREEK AT 1650 US HIGHWAY 441 NORTH AND NORTHEAST 19TH DRIVE (PIN NO A B000 AND NO A C000), AS MORE PARTICULARLY DESCRIBED HEREIN, AND WHICH IS CONTIGUOUS TO THE CITY OF OKEECHOBEE, REDEFINING THE BOUNDARY LINES OF THE CITY OF OKEECHOBEE, FLORIDA, TO INCLUDE SAID PARCELS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion and second by Council Members O Connor and Chandler to approve e first reading of proposed Ordinance No The tentative time-line of e annexation procedure was reviewed, approval is predicated upon e following petitions and applications being adopted: On April 16, 2016, e Planning Board and Board of Adjustment will consider ese items: Rezoning Petition No R, requesting to rezone a vacant unplatted acre parcel of land from Commercial Professional Office (CPO) to Heavy Commercial (CHV), for e purpose of constructing a parking lot to service e existing and expansion heal care/assisted living facility. Rezoning Petition No R, requesting to rezone e two vacant unplatted parcels being annexed, from Okeechobee County Zoning Neighborhood Commercial- Two (NC-2) and Agriculture (AG), to City CHV. Future Land Use Map Amendment Application No SSA, reclassifying e same two vacant unplatted parcels being annexed from Okeechobee County Urban Residential Mixed Use (URMU) to City Commercial (C). Special Exception Petition No SE, to allow an adult family care home and/or assisted living facility as defined in Florida Statute , and a nursing home wiin a CHV Zoning District, Reference Code Book Section (21) and (22), for e two vacant unplatted parcels being annexed.

6 MARCH 17, REGULAR MEETING - PAGE 6 OF 9 IX. PUBLIC HEARING CONTINUED B. 2. b) Discussion and comments continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor X. NEW BUSINESS A. Consider a request to auorize an independent parking study for e City of Okeechobee - Hoot Worley, Economic Council of Okeechobee (Exhibit 4). ITEM ADDED TO : Motion to terminate e Florida Department of Transportation Contract No. AM859, Highway Lighting, Maintenance and Compensation Agreement - City Administrator (Exhibit 7). COUNCIL ACTION - DISCUSSION - On May 5, 2015, e City Council will consider Application No SSA for final adoption at a Public Hearing, and first readings for Petitions No R and R. On May 19, 2015, e City Council will consider Petitions No R, R togeer wi is proposed ordinance, for final adoption at a Public Hearing. Mayor Kirk asked wheer ere were any comments or questions from e public. There were none. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:25 P.M. This item was widrawn from e agenda wi anticipation to be readdressed at e April 7, 2015 meeting. Council Member Watford moved to terminate FDOT Contract No. AM859, (Project No ), Highway Lighting, Maintenance and Compensation Agreement (as recommended by City Staff, effective June 30, 2016); seconded by Council Member O Connor. Director Allen explained, FDOT requested e City and County consider opting out of eir agreements, which will en allow FDOT to transfer responsibility for all maintenance of eir street lights along US Highway 441 and State Road 70 to an approved maintenance contractor (129 street lights are wiin e City Limits). The Board of County Commissioners selected to relinquish eir maintenance responsibilities at eir February 12, 2015, meeting. The current agreement provides e City an annual compensation of $29, to maintain e street lights for FDOT. However, e costs e City incurs to maintain em is much more an e compensation. Costs incurred are an annual utility bill of approximately $71,249.00, plus costs for an electrician, equipment and e manpower of ree to four Public Works employees and a Police Officer each time repairs or replacements are conducted. FDOT advised e City at e utility costs for e street lights would be included wi e new maintenance contracts being bid out. Meaning e City would not have maintenance nor e utility bill for e street lights. This option seems too good to be true, but should e new contract contradict what ey are proposing, en e underlying existing contract will prevail.

7 MARCH 17, REGULAR MEETING - PAGE 7 OF 9 X. NEW BUSINESS CONTINUED B. Okeechobee Utility Auority (OUA) Board Appointments - City Administrator (Exhibit 5). COUNCIL ACTION - DISCUSSION - The City received two applications for consideration to fill e vacant position on e Okeechobee Utility Auority (OUA) Board of Directors. Additionally two current members, Mr. Nelson and Mr. Fadley, would like to be considered for reappointment, as bo have conveyed eir interest to remain on e board. There were 52 OUA meetings held between 2011 rough 2014, Mr. Nelson attended 37, and Mr. Fadley attended 34. Council Member O Connor moved to reappoint as e City s representatives to e OUA Board, Mr. Steve Nelson as e Regular Member, term ending March 1, 2019, and Mr. Jeff Fadley as e Alternate Member, term ending March 1, 2017; seconded by Council Member Watford. The Mayor and Council noted eir appreciation for eir willingness to serve. Addressing e vacant position, e two applicants for consideration are Mr. Clay and Mr. Munson. Council Member Chandler moved to appoint Mr. Tommy Clay as e City s representative to e OUA Board as a Regular Member, term ending March 1, 2017 (replacing Noel Chandler); on ird call, e motion was seconded by Council Member O Connor. Mayor and Council Members expressed e difficulty in is situation, as bo applicants would be suitable. Council Member Watford noted he was unsettled wi e circumstances surrounding Mr. Clay s resignation as e County s representative to e OUA Board, and subsequent application to be appointed by e City. Stating, he trusts ere will not be any animosity on e Board due to is appointment. Council Member O Connor asserted, his goal when selecting is to choose someone who will have e best interest of e City. Attorney Cook added at Council Member Ritter, alough absent, requested e record to reflect his support for Mr. Clay s appointment. This is not, in any manner considered a vote. The Council wanted Mr. Munson to know ey appreciated his interest and his application will be kept on file for future considerations, and express to Mr. Clay eir gratitude for his willingness to serve.

8 MARCH 17, REGULAR MEETING - PAGE 8 OF 9 X. NEW BUSINESS CONTINUED C. Consider approval of a Worker s Compensation Supplemental Payment 90-day Extension for City Employee, Lt. Phil Conroy - Fire Chief Smi (Exhibit 6). COUNCIL ACTION - DISCUSSION - Motion and second by Council Members O Connor and Watford to approve a 90-day extension of Workers Compensation Supplemental Payment of 100 percent of salary for Fire Lieutenant Phil Conroy, first 90 days was from December 8, 2014 rough March 8, 2015, e extension will be March 9, 2015, up to June 7, 2015, or until he is released to return to duty. The initial 90 calendar days was fulfilled on March 8, Should he return to full working capacity prior to June 7, 2015, e benefit will end. Lieutenant Conroy continues to recover from an on-e-job injury at took place on December 8, He obtained his Fire Inspector Certification and is cleared for light duty. The hours he is eligible to work will be used in combination wi e supplemental time. D. Annual Evaluation for City Administrator Whitehall - Mayor. E. Annual Evaluation for City Attorney Cook - Mayor. Administrator Whitehall s employment services contract provides for an annual evaluation of his employment performance by e Mayor and Council. Mayor Kirk received e evaluations and calculated an average score of 4.78 out of 5.0. Council Member Ritter did not complete an evaluation and conveyed it would not be fair due to e short amount of time he has worked wi Mr. Whitehall. Mayor Kirk anked Administrator Whitehall for e service he provides to e City. Administrator Whitehall anked e Council for eir confidence in him. The evaluations were forwarded to e City Clerk for final processing and retention. The positive review allows eligibility for e Salary Step Increase on his anniversary date June 1, 2015, in addition to e 1.6 percent cost of living (COLA) increase approved for all employees, implemented October 1, As provided in Attorney Cook s employment services contract, each year e Mayor and Council Members complete an evaluation on his employment performance. Mayor Kirk received e evaluations and calculated an average score of 4.28 out of 5.0. Council Member Ritter did not complete an evaluation and conveyed it would not be fair due to e short amount of time he has worked wi Mr. Cook. Mayor Kirk anked Attorney Cook for e service he provides to e City. Attorney Cook anked e Council for eir confidence in him. The evaluations were forwarded to e City Clerk for final processing and retention. The positive review allows for e contract to renew for anoer year. The contract provides basic payment to be increased annually at e same percentage increase as general employee pay increases. During e Fiscal Year budget adoption, e Council approved a 1.6 percent across e board COLA increase, erefore, Mr. Cook s annual compensation was increased e same, as of October 1, 2014.

9 MARCH 17, REGULAR MEETING - PAGE 9 OF 9 COUNCIL ACTION - DISCUSSION - XI. ADJOURN MEETING - Mayor There being no furer discussion nor items on e agenda, Mayor Kirk adjourned e meeting at 6:49 p.m. The next regular scheduled meeting is April 7, Please take notice and be advised at when a person decides to appeal any decision made by e City Council wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. City Clerk media are for e sole purpose of backup for official records of e Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk