CITY OF OKEECHOBEE MAY 7, 2013 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE MAY 7, 2013 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 I. CALL TO ORDER - Mayor. May 7, 2013, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by The Very Reverend Father 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 Smith Public Works Director David Allen COUNCIL ACTION - DISCUSSION - Mayor Kirk called the May 7, 2013, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by The Very Reverend Father Edward Weiss, Church of Our Saviour; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 5 through 11, 2013 as Municipal Clerks Week. Mayor Kirk proclaimed the week of May 5 through 11, 2013 as Municipal Clerk s Week and read the following proclamation in its entirety: WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration (continued)

2 MAY 7, REGULAR MEETING - PAGE 2 OF 6 COUNCIL ACTION - DISCUSSION - IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of May 5 through 11, 2013 as Municipal Clerks Week continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 2, 2013, Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2013 Warrant Register. VII. - Mayor. General Fund...$322, Public Facilities Improvement Fund $ 22, Community Development Block Grant HR Fund..... $ 21, Capital Improvement Projects Fund-Impact Fees.... $ 3, Community Development Block Grant ED Fund..... $ 2, A. Requests for the addition, deferral or withdrawal of items on today s agenda. of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim May 5 through 11, 2013, as MUNICIPAL CLERKS WEEK, and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. The proclamation was presented to Clerk Gamiotea and Deputy Clerk Jahner. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April 2, 2013, Regular Meeting; seconded by Council Member O Connor. There was no discussion on this item. Council Member Watford moved to approve the March 2013 Warrant Register in the amounts: General Fund, three hundred twenty-two thousand, two hundred ninety-two dollars and fifty-six cents ($322,292.56); Public Facilities Improvement Fund, twenty-two thousand, forty-three dollars and forty-one cents ($22,043.41); Community Development Block Grant Housing Rehabilitation Fund, twenty-one thousand, thirteen dollars and seventy-five cents ($21,013.75); Capital Improvements Projects Fund-Impact Fees, three thousand, two hundred forty dollars and zero cents ($3,240.00); and Community Development Block Grant Economic Development Fund, two thousand, one hundred seventy-three dollars and forty-seven cents ($2,173.47); 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.

3 MAY 7, REGULAR MEETING - PAGE 3 OF 6 COUNCIL ACTION - DISCUSSION - VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No , supporting Students Working Against Tobacco (SWAT) - Candace Pope, Tobacco Prevention Specialist (Exhibit 1). Council Member Watford moved to adopt proposed Resolution No , supporting initiatives that limit the access of all forms of candy or fruit flavored tobacco and nicotine to youth; seconded by Council Member O Connor. Miss Savannah Goggins, President of the Yearling SWAT Club addressed the Council by thanking them for adopting the resolution, as a strong community collaboration can strengthen the efforts to address the influence of tobacco use in Okeechobee. She gave statistical information on how tobacco companies market their products in an effort to target middle and high school students. In Okeechobee County 27.7 percent of high school students and 16.4 percent of middle school students reported the use of tobacco products in the past 30 days. The local percentages are higher than the state average. Attorney Cook read proposed Resolution No by title as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; SUPPORTING INITIATIVES LIMITING YOUTH ACCESS TO ALL FORMS OF CANDY OR FRUIT FLAVORED TOBACCO AND NICOTINE PRODUCTS AND RECOGNIZING THE EFFORTS OF THE TOBACCO FREE PARTNERSHIP OF OKEECHOBEE ORGANIZATION AND ITS YOUTH SUPPORT GROUP STUDENTS WORKING AGAINST TOBACCO REFEREED TO AS SWAT ; AND PROVIDING AN EFFECTIVE DATE. B. Motion to adopt proposed Resolution No , Construction Agreement with FDOT for the Applebee s turning lane project - Public Works Director (Exhibit 2). On October 16, 2012, the City Council adopted Resolution No which approved a construction agreement and plans with Florida Department of Transportation (FDOT), relating to CDBG-ED Grant No. 12DB-OH E08 th th to construct turn lanes on East North Park Street, (State Road 70 East), from Southeast 10 to 13 Avenues). FDOT did not approve the construction plans, and they sent them back for amendment, which has now been completed. Due to the length of time it has taken, a new resolution is required to approve the new construction plans. The Mayor and Council received a Revised Exhibit Two where the proposed resolution was changed to reflect Attorney Cook s modifications. Council Member O Connor moved to adopt proposed Resolution No , approving a Construction Agreement and Construction Plans with FDOT relating to the CDBG-ED Grant No. 12DB-OH E08, which sets forth th th construction plans for turn-lanes on East North Park Street (State Road 70 East, from Southeast 10 to 13 Avenues) for the Applebee s Restaurant and authorizes the Public Works Director to execute such agreement; seconded by Council Member Watford.

4 MAY 7, REGULAR MEETING - PAGE 4 OF 6 COUNCIL ACTION - DISCUSSION - VIII. NEW BUSINESS CONTINUED. B. Motion to adopt proposed Resolution No , Construction Agreement with FDOT for the Applebee s turning lane project continued. Attorney Cook read proposed Resolution No by title as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON STATE ROAD 70 EAST; PROVIDING FOR AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT; PROVIDING THAT THIS RESOLUTION SUPERSEDES PREVIOUSLY ADOPTED RESOLUTION NO ; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. C. Consider a Code Enforcement complaint - William Mason (Exhibit 3). D. Consider a request to assist in payment of installing new windows in the Chamber of Commerce building - Terry Burroughs (Exhibit 4). Mr. William Mason submitted an agenda item request form together with a letter regarding his view on the City s methods for handling Code Enforcement violations, and suggestions for changing those methods. However, since Mr. Mason was not present to address the matter, Mayor Kirk did not offer it to the floor for discussion. The City entered into a Lease Agreement with the Chamber of Commerce of Okeechobee County to lease the building located at 55 South Parrott Avenue. The lease term is from April 1, 2012 through March 31, Prior to the agreement being executed, City Building Official Schaub and City Fire Chief Smith inspected the facility and issued a report of issues to correct. The Chamber had Mr. Elbert Batton and Mr. Michael Hazellief inspect the building as well and offer their findings of issues to correct. Emory Walker Air Conditioning inspected the air-conditioning system, their report was added to the list. All reported findings where noted at the March 6, 2012, Council meeting. The offer was made that any major repairs found within the first year of the lease, that cost more than $500 would be split 50/50. However, at the final approval, March 20, 2012, the agreement was, in lieu of improvements more than $500 being split, the City took responsibility of maintaining and repairing the roof. The Chamber would essentially take care of all other capital improvements and maintenance issues. The current lease reads Condition of Premises and Repair. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. Subsequent to that, the CITY shall be responsible for all maintenance and repair of structural components, including the roof, soffit, stucco; and the CHAMBER shall make any and all other normal maintenance and repairs to said premises, being plumbing, heating, electrical, air conditioning, windows, signage, etc. The CITY will pay for or perform regular lawn service, not to include landscape maintenance and installation.

5 MAY 7, REGULAR MEETING - PAGE 5 OF 6 COUNCIL ACTION - DISCUSSION - VIII. NEW BUSINESS CONTINUED. D. Consider a request to assist in payment of installing new windows in the Chamber of Commerce building continued. The City shall maintain the parking lot. The CHAMBER will, at the end of this lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. Administrator Whitehall reported that two windows where damaged from recent thunder storms, and need to be replaced immediately. The Chamber has had all the windows inspected and all appear to need to be replaced. In Exhibit Four are two proposals from Batton Consulting Services, LLC, to replace the 22 windows. One proposal is for $16,720.00, consisting of 22 single hung colonial style with single pane impact resistant glass windows and installation. The other is for $18,502.00, consisting of 22 insulated impact resistant glass windows and installation. Chamber President, Mr. Terry Burroughs, explained that the Chamber Board requested he make this presentation as they viewed this to be over and above what the lease mentions for normal maintenance and repairs of the building. Discussion ensued regarding the fastest method of getting the windows repaired, that hurricane season was approaching, and whether some of the windows could be eliminated. The City is leasing the commercial building in a prime location without compensation, and this is not a budgeted item, therefore it would need to be paid from the reserves, by budget amendment into the General Services Capital Improvement Projects Fund. Council Member Maxwell suggested the City be able to weigh in on the architectural approach of the windows, and that any modification should match the overall concept of the City s buildings. There could be other considerations regarding the windows, how they were replaced, a broader cost range, and he would like to see more options, including what might need to be repaired on the inside of the building. Council Member Watford made a motion that the City offer to pay for the costs, not to exceed one-half, of the window replacements for all 22 windows with a single hung colonial style insulated impact resistant glass (as submitted in the quote from Batton Consulting Services, LLC); seconded by Council Member Williams. Council Member Watford clarified he was offering a compromise to the situation, since the City is leasing the building for zero rent, and by the Chamber handling the repairs, they would be able to accomplish getting the job done faster. Council Member Maxwell noted a different view in that the City should accept responsibility and handle it with the standard construction bidding procedures as means to control the price better, that it is the City s building and should be approached as any other asset. KIRK - YEA MAXWELL - NO O CONNOR - NO

6 MAY 7, REGULAR MEETING - PAGE 6 OF 6 COUNCIL ACTION - DISCUSSION - VIII. NEW BUSINESS CONTINUED. E. Discuss Summer Meeting Schedule - City Clerk (Exhibit 5). Clerk Gamiotea submitted calendars covering from June to August 2013 listing all meetings, holidays, and offering a staff recommendation to cancel the first Council meetings of each month for this time period. Council Member Watford moved to approve the 2013 Summer Meeting schedule as presented, (the City Council will meet on June 18, July 18, and August 20; seconded by Council Member O Connor. IX. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 6:42 p.m. The next regular scheduled meeting is May 21, 2013, 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