CITY OF OKEECHOBEE JULY 16, 2013 REGULAR CITY COUNCIL MEETING RD

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1 CITY OF OKEECHOBEE JULY 16, 2013 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION PAGE 1 OF 16 I. CALL TO ORDER - Mayor Pro-Tempore. July 16, 2013, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by The Very Reverend Faer Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O Connor Council Member Devin Maxwell 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 Smi Public Works Director David Allen COUNCIL ACTION - DISCUSSION - In e absence of Mayor Kirk and ere being no objections, Council Member Watford will serve as Mayor Pro-Tempore to chair e July 16, 2013, City Council Regular Meeting, and called e session to order at 6:00 p.m. The Very Reverend Faer Weiss of e Church of Our Saviour offered e invocation; Mayor Pro-Tem Watford led e Pledge of Allegiance. City Clerk Gamiotea called e roll: Absent Absent IV. PRESENTATIONS AND PROCLAMATIONS - Mayor Pro-Tempore. A. ation of State Legislative Appropriation Funds in e amount of $250,000 presented by Senator Denise Grimsley and Legislative Update from CAS Legislative Services, LLC. Mr. Ken Grimes of CAS Governmental Services, e City s legislative lobbyist, gave a brief update on e 2013 legislative session. Governor Scott approved e adopted $74.5 billion Budget which includes $250,000 for e City s Stormwater Project, $600,000 for Okeechobee Utility Auority (OUA) Wastewater Projects, $42.3 million in Department of Transportation Work Programs for Okeechobee County, $27.6 million for e Small County Road Assistance Programs, and $49.3 million for e Small County Outreach Programs, as well as Libraries were fully funded. The legislation implemented e voter approved, constitutional amendments for disabled Veterans and low income seniors. In addition it closed a loophole for groups trying to take advantage of consolidating and claiming affordable housing exemptions, which is an estimated $117 million a year savings to local governments.

2 JULY 16, REGULAR MEETING - PAGE 2 OF 16 COUNCIL ACTION - DISCUSSION - IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. ation of State Legislative Appropriation Funds continued. Sovereign Immunity Waiver (HB 7123) died in e House Appropriation Committee, is bill would have increased e waiver of sovereign immunity cap (lawsuits against governmental agencies) from $200,000 for individual actions and up to $300,000 for all actions arising out of e same incidence or occurrence, to up to $1 million for individual actions or up to $1.5 million for all actions arising out of e same incidence or occurrence for cities, counties, and schools, but retained e lower amount for e state and its agencies. This would have led to higher judgement amounts against political subdivisions, more frequent payments of higher judgement amounts against em and significantly higher cost to eier buy liability insurance or self-insure. The proposed Local Business Tax and e Communications Services Tax bills did not pass. Pension reform will continue to be a topic of interest, however, e only adopted changes at passed is year are required reporting of Defined Benefit Plans. Senate Bill 50 passed regarding e requirement of public testimony at all public meetings. A good Bill at passed was to auorize e Attorney General to put synetic drugs, on an emergency list in order to keep ese drugs off e streets and off e shelves, as e compound of eir make up changes, raer an wait until e next session for it to be adopted. The State of Colorado adopted a blanket law for synetic drugs, it is being challenged, Florida is waiting to see what e outcome is before adopting a blanket law. Texting while driving ban was passed and is st effective October 1 as a secondary infraction. The City, County, Okeechobee Utility Auority and School Board submitted eir requests to e Local Legislative Delegation on January 28, The City requested support and funding assistance for ree projects. The first, e Storm Water Retrofit Project in e amount of $250, to provide clean, safe waters for residents and e public and improve water quality by providing swales, conveyance and inlet improvements to reduce pollutants, phosphorus and nitrogen loads from water runoff into Taylor Creek and Lake Okeechobee. The second, e City Commerce Center Wetland Compliance and Water Retention issues in e amount of $200, The ird, to provide funding for e Okeechobee Battlefield Historic State Park. The first project received funding appropriation. Mr. Grimes en introduced Senator Denise Grimsley, District 21, to present e State Legislative Appropriations Funds for e Storm Water Retrofit Project, which will improve e water quality by cleaning e canals wiin Wilcox Shores, Okeechobee Estates and Taylor Cove/Central Park Subdivisions, in e amount of $250, She offered her congratulations to e City on receiving e funding, and appreciation for all communications during e sessions, and added your CAS team is highly respected and known in Tallahassee, ey represent you well.

3 JULY 16, REGULAR MEETING - PAGE 3 OF 16 COUNCIL ACTION - DISCUSSION - IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. ation of State Legislative Appropriation Funds continued. B. a Forty-Year Longevity Service Award to Cleveland Lamb. C. ation of Public Risk Management of Florida Most Improved Safety Performance Award to e City of Okeechobee. V. MINUTES - City Clerk. A. Motion to dispense wi e reading and approve e Summary of Council Action for e June 18, 2013, Regular Meeting. Mayor Pro-Tem Watford anked Senator Grimsley for personally making e presentation. He also recognized Mr. Bryan Mielke, Legislative Assistant, and Mrs. Libby Maxwell, District Secretary, bo present on behalf of Representative Pigman who could not be in attendance as he is on active deployment, serving as an Army Physician in Kuwait. This is e first time in history at e City has been honored to host a State Senator at a meeting. In recognition of Mr. Palmer Cleveland Lamb s Forty Years of employment, Mayor Pro-Tem Watford gave a brief biography stating, when Cleveland began his career wi e City on June 26, 1973, we did not have applications to fill out nor were personnel files kept. He started as a Laborer making $100 per week, hired by Mr. L.C. Fortner. He was promoted several times, and worked in many positions over e years, Motor Equipment Operator, Crew Leader, and his current title, Maintenance Foreman. The first meeting he was recognized at was on May 16, 1983, by Mayor Edward Douglas, for his 10 years of service. Anoer interesting fact, he also served as e Interim Public Works Director from April 21, 1999 to May 15, Mr. Lamb was presented wi a framed Certificate of Longevity Services, which read, for 40 years of supreme efforts, determination and e uncompromising quality of your work, it is wi deepest appreciation and considerable gratitude at we award you is certificate, and a check for $1, He is e first employee to reach is level of longevity recognition since its adoption in Mr. Lamb, who was in attendance wi his wife, Cheryl, and eir children, anked e Council for e many years of memories. He will be retiring later is year. Finance Director Riedel was happy to announce e City received e Most Improved Safety Performance Award at e Public Risk Management (PRM) of Florida Property and Casualty Board of Directors June 21, 2013, Meeting, in e Small Entity Class (1-100 employees). The achievement was awarded to e preferred member who had shown e greatest decrease in frequency and severity of workers compensation claims. Each department has taken active roles in preventing claim losses and promoting safety. The award was for e claims period of Fiscal Year 2011 rough To be eligible for e award, members must have participated in e Workplace Safety Credit, Dug Free Workplace Credit and actively participate in Loss Prevention Programs. One of e services afforded each member is e Loss Prevention and Analysis of e Workplace Program. The City asked PRM to perform a walk rough of all facilities and properties to identify areas of concern and where improvements could be made. Mrs. Riedel complimented each department for eir efforts to promote workplace safety which assists in lowering insurance premiums. She presented e award to Council Member Williams, who also is a representative on e PRM Board on behalf of e City. Council Member O Connor moved to dispense wi e reading and approve e Summary of Council Action for e June 18, 2013, Regular Meeting; seconded by Council Member Williams. There was no discussion on is item.

4 JULY 16, REGULAR MEETING - PAGE 4 OF 16 COUNCIL ACTION - DISCUSSION - V. MINUTES - City Clerk. A. Motion to dispense wi e reading and approve e Summary of Council Action for e June 18, 2013, Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve e June 2013 Warrant Register: General Fund...$400, Public Facilities Improvement Fund $ 19, Community Development Block Grant - HR Fund.... $ 44, Community Development Block Grant - ED Fund.... $ 1, VII. - Mayor Pro-Tempore. A. Requests for e addition, deferral or widrawal of items on today s agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Pro-Tempore. A. 1. a) Public comments and discussion on e motion on e floor made by Council Members Williams and Watford to adopt proposed Ordinance No. 1098, Application No SSA, submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment to e Future Land Use Map, from Single Family to Industrial - City Planning Consultant (Exhibit 1). Council Member Williams moved to approve e June 2013 Warrant Register in e amounts: General Fund, four hundred ousand, one hundred ree dollars and fifty-six cents ($400,103.56); Public Facilities Improvement Fund, nineteen ousand, five hundred five dollars and one cent ($19,505.01); Community Development Block Grant- Housing Rehabilitation Fund, forty-four ousand, four hundred ninety-five dollars and sixty-two cents ($44,495.62); Community Development Block Grant-Economic Development Fund, one ousand, two hundred twenty-nine dollars and eight-five cents ($1,229.85); seconded by Council Member O Connor. There was no discussion on is item. Mayor Pro-Tem Watford asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. New Business item D was widrawn and New Business Item M-Exhibit 15 was added. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:26 P.M. Mayor Pro-Tem Watford explained a change to e agenda information, and asked for discussion on e motion by Council Members Williams and Watford, which remains on e floor as it was postponed from e June 18, 2013, meeting, to adopt proposed Ordinance No. 1098, Application No SSA, submitted by e property owner, Mr. Robert Gent, Vice President of Okeechobee Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment e Future Land Use Map, from Single Family to Industrial, on acres, specifically being Lots 1 to 5 and 7 to 12, of Block 44, City of Okeechobee, Plat Book 1, Page 10, and a acre unplatted parcel, East of Block 44, all located in e 700 and 800 blocks of Norwest 9 Street and along e Nor boundary of e CSX Transportation Railroad. The postponement was due to a number of concerns expressed by surrounding owners, code enforcement issues, and e differences of recommendations between e Planning Staff and Planning Board. However, to be certain everyone understood what ordinance was being discussed, Mayor Pro-Tem Watford had Attorney Cook read e title of e ordinance.

5 JULY 16, REGULAR MEETING - PAGE 5 OF 15 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Public comments and discussion on e motion on e floor made by Council Members Williams and Watford to adopt proposed Ordinance No. 1098, Application No SSA, Okeechobee Asphalt & Ready Mix Concrete, Inc., Future Land Use Map amendment, from Single Family to Industrial continued. The floor was yielded to Mr. Gent, who provided new information by explaining he met wi Mr. Snell and believes ey have resolved e issues wi e dust blowing off materials at are currently being stored at e concrete plant by moving em furer away, but not on e subject property. He made attempts to speak wi anoer neighbor, Ms. Jenkins, but ey had conflicting schedules. The company is investigating e installation of a misting system to make additional efforts in keep e dust at a minimum at could be blown off materials stored on e subject property. He en displayed a picture from a 2013 Lawrence Lynch Corporation Calendar to show e type of buffering and landscaping intended on is site. Six photographs dated April 23, 2012, were distributed at illustrated e subject property s code violations in existence prior to e company taking ownership. Mr. Terry Burroughs, as e Chamber President, 55 Sou Parrot Avenue, spoke in favor of e ordinance, e company is a good employer of e community, and asked for at to be taken into account when making e decision. Mr. Bruce Snell of 3078 Norwest 34 Avenue, and owns property at 701 Norwest 9 Street, addressed e Council by stating he did not have a problem wi e proposed project for storing materials, he had a problem wi e Industrial zoning moving more into e residential area, and what could happen in e future. He asked e Council to find a way to allow e materials to be stored wiout e zoning change. Ms. Ossie Fleming, President of e Community Action Committee for Douglas Park and Deans Court appeared before e Council and explained one of eir mission s is to make Deans Court a better community. The residents feel eir voice is not heard wi local government and how land is zoned. The Committee hopes to be a part of future development plans for e two areas. The residents welcome new businesses, and understand e need for stores and recreation for e you, but industrial businesses in front of residential houses have upset people. The area is also having to address e proposed 9 Street Bypass Option being studied by Florida Department of Transportation. She urged e Council to deny e request, and submitted for e record a petition wi 47 signatures by residents of Deans Court, stated to be over 18 years of age, opposing e Industrial Future Land Use and Rezoning. Mr. Chris Padgett of 3033 Norwest 37 Avenue asked e Council to look at e employment is expansion will bring, and at he was in favor of e Future Land Use and Rezoning to Industrial. Mayor Pro-Tem Watford began e Council discussion by stating is is one of ose difficult decisions we have to make. Land planning issues are difficult in transitional areas, is is not our first time addressing issues like is. In most cases, e outcome has gone very well. When looking at land planning issues, we are required to look at e area, what is e best use and what would benefit e entire City. It would be difficult to develop e subject property into any type of residential use.

6 JULY 16, REGULAR MEETING - PAGE 6 OF 16 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Public comments and discussion on e motion on e floor made by Council Members Williams and Watford to adopt proposed Ordinance No. 1098, Application No SSA, Okeechobee Asphalt & Ready Mix Concrete, Inc., Future Land Use Map amendment, from Single Family to Industrial continued. He applauded e efforts being made by e creation of e new committee to work in e Deans Court neighborhood. The sanctuary built by e First United Meodist Church a few years ago is beautiful and in close proximity of e subject property. A concern of his has been how much of an impact will be placed on e church. Most industrial companies do not operate on Sunday, however Wednesday evening services and special events could be affected. However, he did not see where it would be a real detriment. The applicant has been a good neighbor to date, and has shown good fai by committing to install buffering and landscaping to keep disruptions to e community at a minimum. Hopefully e Industrial zoning will be a good fit. Unfortunately, e City cannot do as requested by Mr. Snell, due to state law, e City cannot adopt zoning and land use changes wi conditions, and e requested Industrial zoning is e only category at will allow e owners to use eir property to store its materials. Council Member Maxwell added at he was sensitive to e concerns of e residents. He visited e area and spoke wi many of em. Most City s are looking to lure companies to create job opportunities, having studied e zoning maps, e areas available along e railroad, he added, preventing is development is not going to solve e problems of e community. The improvements at need to be made are separate from is use. He was glad to hear about e Action Committee being started, and hopes it will bring someing positive, such as a you center to e community area. Council Member O Connor noted his agreement wi statements from Council Members Watford and Maxwell. b) Vote on motion. B. 1. a) Public comments and discussion on e motion on e floor made by Council Members Watford and O Connor to adopt proposed Ordinance No. 1096, Rezoning Petition No R, submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone Lots 1-5 of Block 44, City of Okeechobee from RMF to IND - City Planning Consultant (Exhibit 2). Mayor Pro-Tem Watford explained a change in e agenda information and asked for discussion on e motion by Council Members Watford and O Connor, which remains on e floor as it was postponed from e June 18, 2013 meeting, to adopt proposed Ordinance No. 1096, Rezoning Petition No R, submitted by e owner, Mr. Robert Gent, Vice President of Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone acres, from Residential Multiple Family to Industria, Lots 1-5 of Block 44, City of Okeechobee. The postponement was due to a number of concerns expressed by surrounding owners, code enforcement issues, and e differences of recommendations between e Planning Staff and Planning Board. However, to be certain everyone understood what ordinance was being discussed, Mayor Pro-Tem Watford had Attorney Cook read e title of e ordinance.

7 JULY 16, REGULAR MEETING - PAGE 7 OF 16 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. a) Public comments and discussion continued. b) Vote on motion. C. 1. a) Motion to read by title only, proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments Future Land Use and Intergovernmental Coordination Elements - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve e first reading for Transmittal to e State Land Planning Agency send for transmittal, proposed Ordinance No b) Public comments and discussion. The floor was opened for public comments and discussion. There were none, as is item is for e same area discussed on e previous issue. The Council had no additional comments. Council Member O Connor moved to read by title only, proposed Ordinance No. 1099, regarding Comprehensive Plan Evaluation and Appraisal Report (EAR) based Amendments to e Future Land Use and Intergovernmental Coordination Elements; 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 CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Williams moved to approve e first reading for Transmittal to e State Land Planning Agency, proposed Ordinance No. 1099; seconded by Council Member O Connor. Mayor Pro-Tem Watford opened e floor to Senior Planner, Bill Brisson to present e Planning Staff Report. Two areas identified in e Comprehensive Plan EAR is at e Plan does not address current legislation requirements for compatibility of land uses located near or wiin certain distance of airport runways, nor does it provide for e appointment of a representative from e school board to sit as a non-voting member of e Local Planning Agency when Comprehensive or Zoning amendments at would increase residential density are considered.

8 JULY 16, REGULAR MEETING - PAGE 8 OF 16 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued for proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments to e Future Land Use and Intergovernmental Coordination Elements. By adding a new objective and policy to e Future Land Use Element and a new policy to e Intergovernmental Coordination Element, bo areas will be adequately addressed. The Planning Board reviewed e proposed amendments at eir June 20, 2013, meeting and voted unanimously to recommend e Council adopt em as presented. Mayor Pro-Tem Watford asked wheer ere were any questions or comments from e public. There were none. He en opened e discussion for e Council. Questions related to how is could impact Indian River State College potential campus expansion could not be answered as eir property is outside e City Limits and would require e County to resolve ose issues. It was clarified at residences can be built wiin e runway protection zone. The discussion en turned to e suggestion by Council Member Maxwell for e amendment to not simply address e minimum statutory requirements but include Staff from oer agencies such as e Okeechobee Utility Auority, and for attendance to all meetings, raer an limited by topic. He expressed concerns of communication between all e local governmental agencies. It was explained e School Board, Okeechobee Utility Auority, and several State and County agencies are suppose to send representatives to attend e City Technical Review Committee Meetings, adding more appointments could make e situation more problematic since for some eir attendance record is low already. No changes were offered to e amendments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor Pro-Tempore. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 7:40 P.M. IX. NEW BUSINESS. A. 1. a) Motion to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1100, City of Okeechobee and Okeechobee Utility Auority Employees Retirement System Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. Council Member O Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1100, City of Okeechobee and Okeechobee Utility Auority Employees Retirement System Internal Revenue Code Amendments, seconded by Council Member Williams.

9 JULY 16, REGULAR MEETING - PAGE 9 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No by title only amending e City General Employee s and OUA Retirement System. 2. a) Motion to approve e first reading of proposed Ordinance No b) Discussion. c) Vote on motion. B. 1. a) Motion to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1101, City of Okeechobee Municipal Police Officers Pension Fund Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. City Attorney to read proposed Ordinance No 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, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 14, MAXIMUM PENSION; 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 e first reading of proposed Ordinance No. 1100; seconded by Council Member Williams. Attorney Lee Dehner of Christiansen and Dehner, Pension Attorney s, was present to address any of e Councils questions or concerns. The proposed amendments come as a recommendation from e Board of Trustees of e City General Employees and OUA Retirement System for adoption by September 30, 2013 as mandated by e Internal Revenue Code (IRC). The amendments cover e definition of Credited Service, and clarify language in e Maximum Pension section relating to tax qualified pension plans. The Pension Actuary provided a letter stating in eir opinion, e amendment will have no actuarial impact on e plan, as well as an Impact Statement, signed by Chairperson, James Mullis. Council Member O Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1101, City of Okeechobee Municipal Police Officers Pension Fund Internal Revenue Code Amendments; seconded by Council Member Williams.

10 JULY 16, REGULAR MEETING - PAGE 10 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. B. 1. c) City Attorney to read proposed Ordinance No by title only amending e Municipal Police Officers Pension Fund. 2. a) Motion to approve e first reading of proposed Ordinance No b) Discussion. c) Vote on motion. C. 1. a) Motion to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1102, City of Okeechobee Municipal Firefighters Pension Trust Fund Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. 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 888, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 15, MAXIMUM PENSION; 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 e first reading of proposed Ordinance No. 1101; seconded by Council Member Williams. Attorney Dehner was present to address any of e Councils questions or concerns. The proposed amendments come as a recommendation from e Board of Trustees of e Police Officers Pension Trust Fund for adoption by September 30, as mandated by e Internal Revenue Code (IRC). The amendments cover e definition of Credited Service, and clarify language in e Maximum Pension section relating to tax qualified pension plans. The Pension Actuary provided a letter stating in eir opinion, e amendment will have no actuarial impact on e plan, as well as an Impact Statement, signed by Chairperson, Dennis Davis. Council Member O Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1102, City of Okeechobee Municipal Firefighters Pension Trust Fund Internal Revenue Code Amendments; seconded by Council Member Williams.

11 JULY 16, REGULAR MEETING - PAGE 11 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No by title only amending e Firefighters Pension Fund. 2. a) Motion to approve e first reading of proposed Ordinance No b) Discussion. c) Vote on motion. D. Consider a request for financial assistance for e Okeechobee Cattlemen s Arena Restoration Project - Todd Clemons, Okeechobee Cattlemen s Association (Exhibit 7). E. Consider approval of a Workers Compensation Supplemental Payment Extension - City Administrator (Exhibit 8). 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 889, AS SUBSEQUENTLY AMENDED; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Council Member O Connor moved to approve e first reading of proposed Ordinance No. 1102; seconded by Council Member Williams. Attorney Dehner was present to address any of e Councils questions or concerns. The proposed amendments come as a recommendation from e Board of Trustees of e Firefighters Officers Pension Trust Fund for adoption by September 30, as mandated by e Internal Revenue Code (IRC). The amendments cover e definition of Credited Service, and clarify language in e Maximum Pension section relating to tax qualified pension plans. The Pension Actuary provided a letter stating in eir opinion, e amendment will have no actuarial impact on e plan, as well as an Impact Statement, signed by Chairperson, John Koepke. The item to consider a request for financial assistance for e Okeechobee Cattlemen s Arena Restoration Project - Todd Clemons, Okeechobee Cattlemen s Association was widrawn. Council Member O Connor moved to approve a Workers Compensation Supplemental Payment Extension for ninety (90) days for Brian Padgett, Public Works Maintenance Operator, for a ird extension, from July 20, 2013 rough October 18, 2013, or until he is released to return to duty by means of full, light or limited duties wi or wiout restrictions from his physician; seconded by Council Member Williams. Mr. Brian Padgett continues to recover from his injury at took place on October 23, The initial 90 calendar days was fulfilled on January 22, The Council has approved two extensions, e first was from January 23, 2013 rough April 22, The second was from April 23, 2013 to July 20, Should he return prior to October 18, 2013, e benefit will end.

12 JULY 16, REGULAR MEETING - PAGE 12 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. E. Consider approval of a Workers Compensation Supplemental Payment Extension continued. F. Motion to approve implementation of The Compliance Engine webbased system as a management tool for Life Safety Inspections - Fire Chief Smi and Bryan Schultz, Brycer, LLC (Exhibit 9) Council Member O Connor moved to approve implementation of The Compliance Engine (TCE) web-based system as a management tool for Life Safety Inspections; seconded by Council Member Maxwell. Mr. Bryan Schuiltz of Brycer, LLC., was in attendance to respond to questions regarding, TCE, which is a web-based software system at manages State required reports submitted by contractors on Life Safety Inspection issues such as fire extinguishers, fire sprinkler systems, fire alarms, commercial hood extinguishing systems and fire pumps. Fire Chief Smi will be advised electronically as inspections are completed by e certified fire protection contractors, of e businesses at are deficient and ose who are in compliance. Currently e City does not have a submittal procedure in place, erefore each contractor submits e reports rough various meods and on different forms, which en requires staff to spend a significant amount of time reviewing e reports. By creating a streamline submittal procedure, e Fire Department Staff will be able to be pro-active in following up on ose businesses in violation. Discussion ensued, e software program is at no cost to e City, but will require a contract wi e company in order to provide e service. Attorney Cook had not reviewed e proposed contract as of meeting time. Council Member Williams moved to amend e motion, to bring e proposed Contract back to e Council, upon approval of e City Attorney; second by Council Member O Connor. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. G. ation of Chamber of Commerce Midyear Status Review - Terry Burroughs (Exhibit 10). Mr. Terry Burroughs, President of e Chamber of Commerce of Okeechobee County, presented a Mid-Year Review on e Chambers current accomplishments for organizational achievements: ey now have154 members; developed a Leadership Okeechobee Program; e Business Advocacy Program has been effective; relocated to e old Chamber building; and wi e City s approval, sub-let office space to Okeechobee Main Street and State Representative Pigman.

13 JULY 16, REGULAR MEETING - PAGE 13 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. G. ation of Chamber of Commerce Midyear Status Review continued. A new Executive Director was hired. They are providing concealed weapons permit training to residents; implemented a community calendar on eir website; and became a member of e Florida Association of Chamber Professions. In regards to Economic Development Achievements: assisted Charles Composites wi e Quick Response Training (QRT) and Qualified Tax Incentives (QTI) process wi Enterprise Florida; assisted e following new or existing businesses: Zippy s, Pat s Floral, Posh s Salon, Son Rise Café, Parrott Island Grill, Brown Cow Sweetery, Harbor Federal, CenterState Bank, Applebee s, Papa John s Mixon Realty. Provided marketing materials about e County to specific site selectors involved wi manufacturing and distribution services; worked wi Central Florida Planning Agency on e Comprehensive Economic Development Strategies Committee developing a Five-Year Plan for e region. They are currently assisting a Biomass Power Plant Company and food distribution company coming to Okeechobee County; conducted an economic development workshop in conjunction wi e Florida Research Coast and Florida Power and Light; conducted a State of e Region Seminar wi a panel of speakers discussing e State of Economy from banking, real estate, manufacturing, healcare and workforce points of views. For future direction ey intend to continue helping existing and new businesses, and promote, rough education, e Enterprise Zone benefits. One noticeable statistic at ey intend to work on is at in e last year,15 businesses have gone out of business, as well as begin to focus on assisting e Spanish business community. They will continue to market Okeechobee as a business destination by promoting collateral materials to secure target industries; continue to improve eir website; attend e Enterprise Florida Stakeholders meeting; and attend e Outreach to Site Selectors conference in February. Mr. Burroughs was congratulated on e Chambers efforts wi Charles Composites locating in Okeechobee. There was no official action required on is item. H. Discussion regarding window replacement for e Chamber of Commerce - City Administrator. The Council took action on May 4, 2013, to offer to pay for e costs, not to exceed one-half of e window replacements for all 22 windows, wi a single hung colonial style insulated impact resistant glass, as submitted in e quote from Batton Consulting Service, LLC, for e Chamber of Commerce Building. President Burroughs addressed e Council by explaining e Board of Directors agreed to e terms, however, ey requested e City manage e project and ey will reimburse eir fifty percent portion over an 18-mon period. Council Member Williams moved to allow e Chamber of Commerce of Okeechobee County up to 18 mons to repay eir 50 percent match to cover e costs to replace 22 windows at e Chamber building, and e City will administer e project; seconded by Council Member O Connor.

14 JULY 16, REGULAR MEETING - PAGE 14 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. H. Discussion regarding window replacement for e Chamber of Commerce continued. I. Consider a request to replace e windows at e Police Department - Police Chief Davis (Exhibit 11). Administrator Whitehall advised e windows at e Police Department are in need of replacement, and since e City will be bidding e project for e Chamber building, e Police Department which is located next door, could be easily repaired as well. The bid will call for a similar type of window as e Chamber. They will be separate bids so as not to cloud e Chambers percentage, and will come back to e Council for award. This is not a budgeted item, e project is estimated to cost between $14, to $18, based on preliminary quotes. Council Member O Connor moved to replace all 17 windows at e Police Department; seconded by Council Member Williams. J. Renewal of Public Risk Management Group Heal Insurance - City Administrator and Finance Director (Exhibit 12). Council Member Williams moved to approve e continuation of e current Heal Insurance Plan wi Public Risk Management (PRM) of Florida Heal Trust, to be offered to all eligible employees effective October 1, 2013 and for e City to pay 100 percent of e Blue Options (current plan) premium for e employee and $70.00 toward dependent heal insurance cost; seconded by Council Member O Connor. Finance Director Riedel reviewed Exhibit 12, distributed at e meeting, explaining Staff s recommendation and options. Over e past six years e City minimized increases by moving to be a participant wi PRM. A Heal Fair was started is year as part of our wellness program. Staff recommended to stay wi e current plan even ough ere is an increase of $40,666.00, equal to percent from last year, as e City has experienced higher an normal claims for e last 12 mons.

15 JULY 16, REGULAR MEETING - PAGE 15 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. K. Motion to approve e maximum millage rate for advertisement for 2013 tax notices, for FY Finance Director (Exhibit 13). Council Member O Connor moved to approve e maximum millage rate of for advertising e 2013 tax notices, Fiscal Year ; seconded by Council Member Williams. Finance Director Riedel advised at is e calculated rollback/roll-forward rate wi e applicable State allowed Consumer Price Index (CPI). The Council will determine wheer e rate should be increased to e proposed after discussion at e Budget Public Hearings. The last two years e millage rate has stayed e same at L. Motion to approve Budget Preparation and Millage Calendar setting Workshop(s) to be held August 20 at 5:00 pm, August 27 at 5:00 pm (if needed), First Public Hearing September rd 3 at 6:00 pm, and Final Public Hearing September 17, 2013 at rd 6:00 pm, all to be held in Council Chambers at 55 SE 3 Avenue, Okeechobee Florida - Finance Director (Exhibit 14). ITEM ADDED TO : M. Requesting auorization to advertise RFQ s for a consulting engineer - Administrator (Exhibit 15). Council Member Williams moved to approve e Fiscal Year Budget Preparation and Millage Calendar, setting Workshop(s) to be held August 20 at 5:00 pm and August 27 at 5:00 pm (if needed), First Public Hearing on September 3, 2013, at 6:00 pm, and Final Public Hearing September 17, 2013, at 6:00 pm, all to be held in Council rd Chambers at 55 SE 3 Avenue, Okeechobee Florida; seconded by Council Member O Connor. Council Member O Connor moved to auorize e Administrator to solicit Request for Qualifications for a Consulting Civil Engineer and Surveyor (to assist on various City projects); seconded by Council Member Maxwell. Administrator Whitehall explained, when Staff requested changes in e Public Works Department Staff, by not filling e full time Engineer position, it was also discussed at e City would need to have a Civil Engineer on an as needed basis. The City has several projects which will require review by a Professional Engineer, and may need surveying services as well. In following e Competitive Negotiations Act, a committee will rank e firms who reply to e RFQ, for Council approval. The next step would be for e Administrator to negotiate e terms of a contract using e approved ranking; and en finally e Council would approve e contract and firm.

16 JULY 16, REGULAR MEETING - PAGE 16 OF 16 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. ITEM ADDED TO : M. Requesting auorization to advertise RFQ s for a consulting engineer continued. X. ADJOURN MEETING - Mayor Pro-Tempore. 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. There being no furer discussion nor items on e agenda, Mayor Pro-Tem Watford adjourned e meeting at 9:15 p.m. The next regular scheduled meeting is August 20, ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk