CITY OF OKEECHOBEE APRIL 5, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE APRIL 5, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 I. CALL TO ORDER - Mayor: April 5, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by the Very Reverend Dr. Edward Weiss of the Church of Our Saviour; Pledge of Allegiance led by Mayor. Mayor Kirk called the April 5, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered the by the Very Reverend Dr. Edward Weiss of Church of Our Saviour; the Pledge was led by Mayor Kirk. 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 City Clerk Gamiotea called the roll: Absent IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. a 15-Year Longevity Service Award to Bettye Taylor. Mayor Kirk presented a Longevity Service Award to Detective Betty Taylor, for her 15 years of employment with the City of Okeechobee. She was presented with a crystal engraved clock and certificate, which read: In appreciation for your fifteen-years of hard work and dedication, April 3, 1996 through April 3, Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance. Detective Taylor graciously accepted her award.

2 APRIL 5, REGULAR MEETING - PAGE 2 OF 6 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of April 2011 as Child Abuse Prevention Month. C. Proclaim the month of April 2011 as Water Conservation Month. Mayor Kirk proclaimed the month of April 2011 as Child Abuse Prevention Month and read the proclamation in its entirety as follows: WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and over 80,000 of children in the state of Florida; and WHEREAS, the societal malignancy called child abuse and neglect respects no religious, class, or geographical boundaries, and, in fact, has been declared a national emergency; and WHEREAS, CASTLE (Child Abuse Services, Training & Life Enrichment) of the Treasure Coast and Okeechobee County through their support of parent aid programs, parenting classes and educational programs, and community service activities, are making significant progress in stopping this crime against our nation s and community s children and families. NOW, THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2011 as CHILD ABUSE PREVENTION MONTH in the City of Okeechobee, and I urge all citizens to use this time to better understand, recognize, and respond to this serious problem; AND, FURTHER, I congratulate CASTLE for its continued success in helping families break free from the cycle of child abuse. Mr. Al Jacks of CASTLE was present to receive the proclamation and thanked the City Council for continuing to support awareness of child abuse. Mayor Kirk proclaimed the month of April 2011 as Water Conservation Month and read the proclamation in its entirety as follows: WHEREAS, Florida s natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida s environment, economy and quality of life; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida s water resources; WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida s Water Conservation Month to encourage Floridians to conserve the state s precious water resources; 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 the month of April 2011 as WATER CONSERVATION MONTH in the City of Okeechobee. Mr. Gary Ritter of the South Florida Water Management District was present to receive the proclamation and thanked the City Council.

3 APRIL 5, REGULAR MEETING - PAGE 3 OF 6 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 15, 2011 Regular Meeting - City Clerk. VI. - Mayor. A. Requests for the addition, deferral or withdrawal of items on today s agenda. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the March 15, 2011 Regular Meeting; seconded by Council Member O Connor. There was no discussion on this item. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda? There were none. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No recognizing a course of action with the United States Fish and Wildlife Service Everglades National Wildlife Conservation Area - City Administrator (Exhibit 1). Council Member Watford moved to adopt proposed Resolution No recognizing a course of action with the United States Fish and Wildlife Service Everglades National Wildlife Conservation Area; seconded by Council Member Williams. Attorney Cook read proposed Resolution No by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING AND ADVOCATING A COURSE OF ACTION IN CONNECTION WITH THE UNITED STATES FISH AND WILDLIFE SERVICE EVERGLADES NATIONAL WILDLIFE REFUGE AND THE EVERGLADES HEADWATER NATIONAL WILDLIFE CONSERVATION AREA. Following a lengthy discussion between the Council, Administrator Whitehall and Mr. Terry Burroughs of the Business Development Board, Council Member Maxwell made a motion to amend proposed Resolution No , adding that is fully funded in advance to the end of the sentence in paragraph number one and add and a reasonable means of vehicular ingress to the end of the sentence in paragraph number four; seconded by Council Member Watford. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED.

4 APRIL 5, REGULAR MEETING - PAGE 4 OF 6 VII. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No recognizing a course of action with the United States Fish and Wildlife Service Everglades National Wildlife Conservation Area continued. ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. B. ation from Okeechobee High School Students Working Against Tobacco - Candace Pope. The Okeechobee High School SWAT (Students Working Against Tobacco) Club is a member of the Tobacco-Free Partnership of Okeechobee whose mission is to mobilize community partners to establish a forum to develop police and system changes that create and promote a tobacco free environment, encourage and support cessation services and eliminate the health hazards of secondhand smoke, to build and maintain an infrastructure for tobacco prevention control activities. Students from SWAT appeared before the Council to make a presentation on the effects of tobacco in candy-like form, as it can be poison to kids. A new generation of smokeless, flavored tobacco products that look like breath mints or breath-freshening strips may be life-threatening for children who mistake them for candy, according to researchers from the Harvard School of Public Heath and the Centers for Disease Control and Prevention. These products are not smoking cessation aids; rather, they are marketed as a nicotine alternative in places where smoking is not allowed. Photographs of these flavored tobacco products being displayed on counter-tops, in glass cases and within the candy aisle were distributed. The Council was asked to consider adopting a resolution or ordinance requiring that all flavored tobacco products be displayed behind the counters, and not on counter-tops or other areas of display that are within the line of sight for younger children. Mayor Kirk thanked the students for their presentation, Administrator Whitehall was instructed to look into a proposed resolution or ordinance for the Council to consider, as requested above. C. Motion to approve the Temporary Street Closing on May 7, 2011 nd from 9:00 a.m. to 5:00 p.m. for the 2 Annual Bikefest of Okeechobee - Terry Burroughs, Okeechobee Main Street (Exhibit 2). nd th Council Member Maxwell moved to approve a temporary street closing for Southwest 2 through 4 Avenues, between th North and South Park Streets and Southwest 4 Avenue between Blocks 106 and 107, South of South Park Street nd to Alley, submitted by Okeechobee Main Street for the 2 Annual Bike Fest of Okeechobee from 9:00 a.m. to 5 p.m. th on May 7 ; seconded by Council Member O Connor. There was a brief discussion regarding intermitted closings of portions of South Park Street as well. However, until written consent from the business owners along South Park Street is presented to the City, the Council cannot consider those closings.

5 APRIL 5, REGULAR MEETING - PAGE 5 OF 6 VII. NEW BUSINESS CONTINUED. D. Motion to employ a Permanent Part-Time Custodian - City Administrator (Exhibit 3). Council Member O Connor moved to employ a Permanent Part-Time Custodian; seconded by Council Member Watford. There was a brief discussion on this item. The current month-to-month contract with Scotts Quality Cleaning will be terminated upon the hiring of a custodian/janitor. E. Motion to employ two Seasonal Part-Time Maintenance Operators - City Administrator (Exhibit 4). Administrator Whitehall explained that with the recent resignation of Mr. Floyd Selph, a vacancy opened within the Public Works Department. Rather than immediately replacing the one position, Staff is recommending the Council allow the hiring of two temporary part-time maintenance operators during the summer which is the rainy season. At the end of the summer Staff will evaluate the two employees and contemplate keeping one as a full-time employee, or release both, whichever is in the best interest of the City. Council Member Watford moved to employ two Seasonal Part-Time Maintenance Operators; seconded by Council Member Williams. F. Motion to promote current Accounts Supervisor to Finance Director position - City Administrator. Council Member O Connor moved to promote current Accounts Supervisor to Finance Director position; seconded by Council Member Watford. Administrator Whitehall provided, within the Council packets, prior to the last meeting, supporting information for the re-implementation of the Finance Director s position. Distributed prior to this meeting was a copy of the revised proposed job description which highlights the position will still report to and be under the direction of the Administrator. There will be additional analysis and collection of data by the Finance Director, as well as the demand to devote more attention to compliance issues. The restructure of salary changes will not be considered until budget review when all salaries will be looked at. However, the title change and job description will take effect April 6, 2011.

6 APRIL 5, REGULAR MEETING - PAGE 6 OF 6 VII. NEW BUSINESS CONTINUED. G. Discussion regarding Impact Fee Mitigation/Moratorium - City Administrator. During the Workshop Session of the March 1, 2011 Council Meeting, the Council discussed again implementing a one year moratorium on impact fees. At that meeting, Mr. Terry Burroughs advised that he would be making a presentation to request the same of the Board of County Commissioners. To date, the BOCC has not addressed the matter on their agenda s. Another point discussed at the meeting was the City s financial data and what purchases have been paid from impact fees and what future purchases were scheduled. Prior to the meeting Administrator Whitehall distributed a memorandum that contained revenue the City has collected to date, the only expenditure made by the City was the appropriate share of the Fire Brush Truck, estimated at $22, The memorandum also contained a copy of the Draft Economic Impact Fee Mitigation Program originally distributed at the March 1, 2011 Council meeting. Administrator Whitehall s suggestion was that should the Council be inclined, he would personally advocate an impact fee moratorium, either 100 percent for all businesses or a percentage thereof, rather than selective targeted business mitigation. The reason is the City would have difficulty with the reimbursement method. He also added that the Legislature has a couple of proposals they are considering to initiate a moratorium statewide. Once again it was explained that the City s Impact Fee portion is very small, where the County s is 92 percent of the fee. The exact percentage of the School Board s fee was not stated, other than it is very high as well. The Council discussed the pros and cons on implementing a moratorium on impact fees with Mr. Burroughs and Mr. Mack Hoot Worley. Administrator Whitehall was instructed to meet with both the School Board Superintendent and the County Administrator and report back to the Council whether either entity is considering adopting a moratorium on Impact Fees; as well as Attorney Cook was instructed to draft a proposed ordinance for consideration at the next meeting to implement a moratorium. VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 8:15 p.m. The next regular scheduled meeting is April 19, 2011 at 6:00 p.m. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk