CITY OF OKEECHOBEE FEBRUARY 15, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

CITY OF OKEECHOBEE FEBRUARY 15, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 I. CALL TO ORDER - Mayor: February 15, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by Mayor. II. 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 February 15, 2011, Regular City Council Meeting to order at 6:03 p.m. The invocation was offered by Pastor Bruce Simpson of the First United Methodist Church; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Proclaim the week of February 20-26, 2011 as National Engineers Week. The week of February 20 through 26, 2011 was proclaimed by Mayor Kirk as National Engineer s Week. The proclamation was read in its entirety as follows: WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society s needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 2 OF 9 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of February 20-26, 2011 as National Engineers Week continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 18, 2011 Regular Meeting. (continued from page one:) the challenges of the future. 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 February 20 through 26, 2011 as NATIONAL ENGINEERS WEEK in the City of Okeechobee. Mayor Kirk presented the proclamation to Mr. Marcus Monts de Oca who was present on behalf of the Treasure Coast Chapter of the Florida Engineering Society. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the January 18, 2011 Regular Meeting; seconded by Council Member O Connor. There was no discussion on this item. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2011 Warrant Register: VII. - Mayor. General Fund...$451,466.74 Public Facilities Improvement Fund............... $348,090.10 Capital Improvement Projects Fund................ $22,691.95 A. Requests for the addition, deferral or withdrawal of items on today s agenda. Council Member Watford moved to approve the January 2010 Warrant Register in the amounts: General Fund, four hundred fifty-one thousand, four hundred sixty-six dollars and seventy-four cents ($451,466.74); Public Facilities Improvement Fund, three hundred forty-eight thousand, ninety dollars and ten cents ($348,090.10); and Capital Improvement Projects Fund, twenty-two thousand, six hundred ninety-one dollars and ninety-five cents ($22,691.95); seconded by Council Member Williams. 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. VIII. NEW BUSINESS. A. Update from South Florida Water Management District - Gary Ritter, Okeechobee Director of Regulatory and Public Affairs. Mr. Gary Ritter of South Florida Water Management District, Okeechobee Service Center Director, appeared before the Council to give an update on the status of the lake locks, water conservation and the proposed City Taylor Creek Park.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 3 OF 9 A. Update from South Florida Water Management District by Gary Ritter, Okeechobee Director of Regulatory and Public Affairs continued. All repairs are complete and the locks are in full operation along the North shore of Lake Okeechobee. The current lake water level is just below 14 feet. Once the level drops to 12 feet the smaller locks will have to be closed and the Taylor Creek lock will be opened two times per month on weekends only. The purpose of this is to sustain the water levels along the rim canal. Notices will be given to the local media when this occurs. In regards to the proposed City Taylor Creek Park, Mr. Ritter confirmed SFWMD does not have an easement along Taylor Creek. He then made some preliminary inquiries to the Army Corp of Engineers regarding permitting and there does not appear to be any substantial road blocks should the City decide to proceed with developing their property along Taylor Creek into a public park with a board walk, adding that he will be happy to assist in any manner with this project. The Mayor and Council thanked Mr. Ritter for bringing the update and making himself available to answer questions. There was no official action taken on this item. B. Request to build a chiki hut in Park # 3 constructed by the Seminole Tribe - Terry Burroughs, Okeechobee Main Street. Mr. Terry Burroughs appeared before the Council as a member of Okeechobee Main Street Design Committee explaining that the Design Committee received a request from Mr. and Mrs. Micco on behalf of the Seminole Indian Tribe to research whether the City would approve the building of a 10' x 12' Chickee in Park Three. The site selected is based on the desires of the Tribe to house their pumpkin bread vendor booth in the same location at each festival they attend. The Seminoles would be responsible for all construction and rethatching the roof every five to seven years. A Chickee (also known as a sun shelter or chiki hut) is a Seminole Indian house built on stilts, with open sides and a thatched roof of palm leaves. A thatched roof is a roof constructed of palm fronds in an open web type of construction. The chickee does not incorporate any electrical, plumbing or other non-wood features. The Council, Staff and Mr. Burroughs discussed aesthetics of the park and the best fit for the chickee. Following discussion to which the consensus of the Council was to utilize Park Three as a park to showcase the Seminole heritage and culture. Council Member Watford moved to approve the request to construct a Chickee in Park Three on the East side of the gazebo and to request another Chickee be constructed on the West side in the future; seconded by Council Member O Connor.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 4 OF 9 C. Motion to adopt proposed Resolution No. 11-02 regarding the authorization of signatures for Temporary Closing and/or Special Use of State Roads with FDOT - City Attorney (Exhibit 1). Council Member Watford moved to adopt proposed Resolution No. 11-02 regarding the authorization of signatures for Temporary Closing and/or Special Use of State Roads with FDOT; seconded by Council Member Williams. There was a brief discussion on this item. Proposed Resolution No. 11-02 title reads as follows: A RESOLUTION AUTHORIZING SIGNING OF THE CITY OF OKEECHOBEE, FLORIDA, REQUEST FOR TEMPORARY CLOSING AND/OR SPECIAL USE OF STATE ROADS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PARADE ROUTES BY THE CITY ADMINISTRATOR AND CHIEF OF POLICE FOR THE CITY OF OKEECHOBEE, FLORIDA. D. Motion to approve a Temporary Street Closing March 11, 2011 at 5:00 p.m. to March 13, 2011 at 5:00 p.m. for the Speckled Perch Festival and Parade - City Administrator (Exhibit 2). Council Member O Connor moved to approve a Temporary Street Closing Application submitted by Okeechobee Main rd th Street to close Southwest 3 and 4 Avenues between North and South Park Streets from March 11 at 5:00 p.m. to March 13 at 5:00 p.m. for the Annual Speckled Perch Festival and Parade; seconded by Council Member Williams. There was a brief discussion on this item. E. Motion to ratify the appointment of Michael Skipper to the Fire Pension Board of Trustees, term being February 8, 2011 to September 30, 2015 - City Clerk. Council Member Watford moved to ratify the appointment of Michael Skipper to the Fire Pension Board of Trustee s, term being from February 8, 2011 to September 30, 2015; seconded by Council Member Williams.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 5 OF 9 F. Consider amendments to the Election Code - City Clerk (Exhibit 3). Clerk Gamiotea explained to the Council that during the last election she and County Supervisor of Elections, Gwen Chandler reviewed the City s Election Code and wanted to bring to the Council s attention Code Book Section 26-11. This section reads: The candidate receiving the highest or largest number of votes cast for one office shall be elected to such office, provided that in case two or more candidates shall receive an equal and the highest number of votes for the same office, the mayor shall issue his proclamation calling for a new election between such tied candidates. Florida Statute 100.181 which governs State, County and School Board elections reads: The person receiving the highest number of votes cast in a general or special election for an office shall be elected to the office. In case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office. Clerk Gamiotea reported that many City s have adopted the Florida Statute language as well. A special election would be costly to the City and she wanted to make sure the Council was aware of this provision and asked the Council whether they would rather adopt the Florida Statute. The Council discussed the matter and agreed that a special election would be very costly to the City. However, they were apprehensive to the idea of drawing lots. The Council asked Clerk Gamiotea to research the effects of changing the City General Election to be the same time as the Primary Election, so that if a Special Election had to be held, it could be held during the General Election. This matter will be brought back to the Council at a future date. G. Consider a Request for a Fine Reduction/Release of Lien for Code Enforcement Case No. 10-066, Leon and Ulysses Thomas - City Attorney (Exhibit 4). Code Enforcement Case No. 10-066 time line: 6/8/2010 Complaint received on a disabled vehicle parked at 911 th Northwest 10 Street. Property checked and photographed disabled vehicle with no tag. 6/10/2010 Courtesy Letter sent informing property owner to move the disabled vehicle. 7/6/2010 Property inspected, not in compliance. 7/9/2010 Notice of Violation mailed. 7/28/2010 Notice returned unclaimed. 8/26/2010 Posted notice on property and photographed. 9/20/2010 Notice of Hearing mailed. 9/21/2010 Notice of Hearing received, signed by Ulysses Thomas. 10/12/2010 Case discussed by Code Board, action taken: if violation not corrected by 10/22/2010 a fine of $25.00 per day would commence and continue until violation was corrected. 10/15/2010 Mailed copy of Lien/Order. 10/16/2010 Lien/Order was received and signed for by Ulysses Thomas. 1/21/2011 Sent owners letter informing them that as of January 20, 2011 the violation had accrued for 90 days and the City had the ability to foreclose on the property to collect the fine. 1/25/2011 Vehicle was moved, property was found to be in compliance. Fine ran for 94 days equaling $2,325.00 plus $25.00 administrative fee for a total fine of $2,350.00. 1/27/2011 Mr. Leon Thomas requested to be heard by the Code Board to request a reduction in the fine. At the meeting, Attorney Cook advised Mr. Thomas would have to appear before the City Council to obtain a reduction in the fine.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 6 OF 9 G. Consider a Request for a Fine Reduction/Release of Lien for Code Enforcement Case No. 10-066, Leon and Ulysses Thomas continued. Mr. Leon Thomas appeared before the Council and explained that Ulysses Thomas who signed for the letters was his brother. His brother did not tell him about the letters, it was not until he read the letter from 1/21/2011 that he was made aware of the situation and he had the vehicle moved immediately. The vehicle belongs to his nephew who has been incarcerated. Mr. L. Thomas apologized for this situation, stating he took full responsibility. The Council discussed the matter, and whether there was a recommendation from the Code Board? Attorney Cook advised that there was not a recommendation from the Board as the matter was withdrawn from their agenda by him. Council Member Williams moved to approve the request for a Fine Reduction/Release of Lien for Code Enforcement Case No. 10-066, Leon and Ulysses Thomas at 911 Northwest 10th Street from $2,350.00 to $100 plus a $25.00 administrative fee and court costs; seconded by Council Member O Connor. Attorney Cook asked for clarification whether the Council wanted a recommendation from the Code Enforcement Board on reduction of fines in the future? Mayor Kirk responded yes. The Code Board knows the entire situation with the cases and the Council needs to know what their recommendations are prior to taking action. H. Motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services - City Administrator (Exhibit 5). The City currently has a contract with Independent Inspections, LLC (IIL) to administer the City s building official and inspection services. The City received a letter dated January 21, 2011 from IIL President, Thomas DeLacy giving official notice that they are exercising their 60-day notice of contract termination. In order for the City to continue the contract, the City would have to agree to reduce the number of hours and work days of the building official (Mr. Ray Schaub) and increase the permit fees. Administrator Whitehall recommended the City notify them that the contract will be terminated as of March 7, 2011. This now leaves the City with two options, keeping in mind that the City would like to be more customer oriented, with more hours available and possibly save money along with making a smooth transition. Either hire a building official as City employee or examine other contractual arrangements. The average annual salary for a building official for a city our size is $60,000.00, then add benefits as well as a vehicle, gas and maintenance together with related expenses, and the cost is closer to $100,000.00 per year. Last year the City received approximately $111,352.00 in building permit fees of which II-LLC captured $94,650.00.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 7 OF 9 H. Motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services continued. Administrator Whitehall is recommending the Council hire Mr. Ray Schaub, as a Contract Employee. A proposed contract was included in Exhibit Five, outlining an annual salary of $60,000.00 per year, which is $5,000.00 per month, with the City capturing 65 percent of the permit fees in excess of $6,000.00 per month. Mr. Schaub will be required to work four days per week. In this fashion the City will have the least transition trauma, have a building official working more hours and the City will take a higher share of the fees, especially during extraordinary activity months. The City s cost exposure is most prevalent during a slow year, where Mr. Schaub will be getting a base pay and the City may not be receiving adequate funds to cover his base. It is less exposure than an employee. Distributed prior to the meeting, Attorney Cook noted changes to the proposed contract and that Mr. Schaub has reviewed and agreed to the changes. Council Member Watford moved to approve a contract for Building Inspection Services with Ray Schaub Inspection Services as presented in Exhibit Five; seconded by Council Member O Connor. Council noted the changes suggested by Attorney Cook were not included in the proposed contract contained in Exhibit Five, therefore Council Member Watford moved to amend the motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services as presented in Exhibit Five to add the appropriate changes as presented in memorandum by Attorney Cook and changing paragraph four that termination by notice be from 60 to 90 days and that the contract is renewable on an annual Fiscal Year basis; seconded by Council Member O Connor. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mayor Kirk asked whether there was any further discussion? Council Member Maxwell noted that he was in favor of bringing the building official in house. He hoped this was only a temporary solution and eventually a full-time building official could be hired. Council Member Watford thanked Mr. Schaub for his willingness to work with the City and the public. ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 8 OF 9 I. Motion to award a bid for the construction of a metal building at the City Barn - City Administrator (Exhibit 6). Council Member O Connor moved to award Bid No. PW 03-00-01-11 to KST Construction of Okeechobee, for the unit price in the amount of one hundred twenty-seven thousand, six hundred twenty dollars ($127,620.00) for the construction of a pre-engineered metal design building at the Public Works Facility; seconded by Council Member Williams. On February 4, 2011 the City opened nine bids received for this project. City Staff is recommending the low bidder. The eight other bidders and their bid were: AWM Construction, Inc. $159,829.00 Marmer Construction, Inc. $129,800.00 Camelot Custom Construction, Inc. $171,000.00 Richard K Davis Construction Corp. $159,045.00 Close Construction, Inc. $139,516.00 Semco Construction, Inc. $171,000.00 E.O. Kock $131,660.00 Walker Design & Construction $209,000.00 J. Discuss Attorney Cook s Annual Evaluation - Mayor. Each year the Mayor and Council conduct individual evaluations on Attorney Cook s job performance. Mayor Kirk received the evaluations and calculated an average score of 3.77 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. They will be a matter of public record and part of his official personnel file. K. Discuss Administrator Whitehall s Annual Evaluation - Mayor. Each year the Mayor and Council conduct individual evaluations on Administrator Whitehall s job performance. Mayor Kirk received the evaluations and calculated an average score of 4.85 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. They will be a matter of public record and part of his official personnel file.

FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 9 OF 9 IX. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:50 p.m. The next regular scheduled meeting is March 1, 2011 at 6:00 p.m. 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. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk