CITY OF OKEECHOBEE AUGUST 20, 2013 REGULAR CITY COUNCIL MEETING AND BUDGET WORKSHOP RD

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1 CITY OF OKEECHOBEE AUGUST 20, 2013 REGULAR CITY COUNCIL MEETING AND BUDGET WORKSHOP RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION PAGE 1 OF 24 I. CALL TO ORDER - Mayor. August 20, 2013, City Council Regular Meeting, 5:00 p.m. IV. BUDGET WORKSHOP. A. Discuss the proposed 2013/2014 Fiscal Year Budget - Finance Director. On August 20, 2013 at 5:02 p.m. Mayor Kirk announced, unless there were objections, he was changing the agenda format and would be calling the Budget Workshop to order first. They would postpone the regular meeting with opening ceremonies and attendance until 6:00 p.m. to allow time for the Pastor to arrive. No objections were noted. For the record, attendance at this time was Mayor Kirk, Council Members O Connor, Maxwell, Watford, and Williams, Administrator Whitehall, City Clerk Gamiotea, Deputy Clerk Jahner, Fire Chief Smith, Public Works Director Allen, Police Chief Davis, Finance Director Riedel, Economic Executive Director Tara Minton, and Okeechobee News Staff Writer Charles Murphy. The purpose of the workshop is to discuss the proposed 2013/2014 Fiscal Year Budget. The floor was yielded to the Finance Director, who began with a power point presentation explaining the budget process in three parts. Part One: Revenues, this is the sixth consecutive year property values have declined. There is a slight increase in Sales Tax and the Fuel Tax is showing signs of leveling. In previous years, the Ad Valorem revenues could cover at least 40 percent of the budget compared to this year s 32.2 percent. This means other forms of revenue must be used to cover the remaining 67.8 percent. Other revenue sources, that can be reviewed for possible increases or implementation is, a telecommunications utility tax, a water utility tax/franchise fee, a solid waste franchise fee, a fire service assessment, the Business Tax Receipts fees, a Tower Rental Fee (OUA, sprint, verizon, wireless) and the Building Permits fees. Part Two: Fund Balance Categories were reviewed to explain how the City must administer certain revenues and expenditures, and to be assured not to allocate a disproportionate percentage of funds from reserves or certain areas. By keeping the parameters, it stabilizes the City s fiscal soundness. The categories are Non-Spendable, Restricted, Committed, and Assigned. Part Three: Expenditures, Departments Heads have again been diligent in expending their operations and supplies budgets, which has narrowed the difference in budgeted versus actual expenses. The City anticipates using only $122, for actual expenditures of the $568, budgeted funds from reserves to balance the Fiscal Year budget. The General Fund Budget Summary offered the Council three options to balance the Budget. The consensus of the Council was to use Option Three, the current millage rate of , listing the beginning Fund Balance as $3,884,651.00; Revenues as $4,540,937.00; Transfer-In Revenues of $1,028, (from Public Facilities Improvement Fund $398,000, Capital Improvement Projects Fund $630, and Capital Improvement Projects- Impact Fees Fund $500.00); Total Expenditures of $5,569,839.00; and leaving a Fund Balance of $3,884,

2 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 2 OF 24 IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed Fiscal Year Budget continued. Option One proposed to increase the millage by 0.25, making it , and Option Two offered to use the rollback/forward millage of Council discussed each department s proposed budget, changes and comparison to last Fiscal Year as follows: 511-Legislative: Total Personnel Cost: $ 73, (City Council) Total Supplies and Other Services: $ 44, FY 2013/14 Proposed Total: $117, FY 2012/13 Budgeted Total: $115, Difference: $ 1, Changes/Discussion: As denoted on page eight of the proposed budget, this reflects a decrease in retirement contribution (-$105), and increases in the health (+$2,092), workers compensation (+$121), and property/casualty (+$279) insurance premiums, with associated benefit adjustments. Included items are cell phone reimbursement for the Mayor and Council ($50.00 per month), the benefit began toward the end of the current Fiscal Year. Two annual contributions as requested by Shared Services for $8,950.00, and the Chamber of Commerce for $10, for Economic Development. There are no proposed salary changes for the five Legislative employees. However it does reflect a 25-year longevity bonus for the Mayor, per Code Section 2-91 (+$500). 512-Executive: Total Personnel Cost: $159, (Administration) Total Supplies and Other Services: $ 19, FY 2013/14 Proposed Total: $178, FY 2012/13 Budgeted Total: $174, Difference: $ 4, Changes/Discussion: As denoted on page 10 of the proposed budget, this reflects the increase in retirement contribution (+$162), increases in health (+$1,187), workers compensation (+$87), and property/casualty (+$243) insurance premiums, with associated benefit adjustments. Decreased Supplies and Other Services by $ Also see page 30, Capital Improvements Projects Fund denotes $1, for the purchase of a laser scanner. Included is the Annual Salary Step, 1.5 percent increase for the two full-time employees with minimum evaluation requirements being met.

3 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 3 OF 24 IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed Fiscal Year Budget continued City Clerk: Total Personnel Cost: $142, Total Supplies and Other Services: $ 54, FY 2013/14 Proposed Total: $196, FY 2012/13 Budgeted Total: $190, Difference: $ 6, Changes/Discussion: As denoted on page 12 of the proposed budget, this reflects the increase in retirement contribution (+$81), a 25-year longevity bonus for the City Clerk per Code Section 2-91 (+$500), increases in health (+$2,160), workers compensation (+$64), and property/casualty (+$192) insurance premiums, with associated benefit adjustments. Decreased Supplies and Other Services by $1, Also see page 30, Capital Improvements Projects Fund denotes $5, for the purchase of a heavy duty shredder and replacing lateral filing cabinets. Included is the Annual Salary Step, of 1.5 percent increase for the two full-time employees and Bi-Yearly Salary Steps for the one part-time employee, with minimum evaluation requirements being met. Briefly discussed was the possibility of contracting with a shredding service versus the purchase of a shredder. 514-Legal Services: FY 2013/14 Proposed Total: $71, (City Attorney) FY 2012/13 Budgeted Total: $71, Difference: $ 0.00 Changes/Discussion: As denoted on page 13 of the proposed budget, this reflects an increase in the health insurance premium (+$1,050), and Professional Services (+$967). Decrease the Legal Cost (-$1,827) which covers additional hours worked beyond the contracted amount, and when additional law firms are required to assist in specific matters. Decrease the communication and Freight (-$190). 513-Finance: Total Personnel Cost: $165, Total Supplies and Other Services: $ 84, FY 2013/14 Proposed Total: $249, FY 2012/13 Budgeted Costs: $256, Difference: -$ 6, Changes/Discussion: As denoted on page 15 of the proposed budget, this reflects the increase in retirement contribution (+$74), increases in health (+$1,695), workers compensation (+$96), and property/casualty (+$851) insurance premiums, with associated benefit adjustments. Decreased Supplies and Other Services by $8,

4 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 4 OF 24 IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed Fiscal Year Budget continued. Finance Changes/Discussion continued: See page 30, Capital Improvements Projects Fund denotes $1, to purchase a server for routing website s for all departments and a photo quality printer. Included is the Annual Salary Step, of 1.5 percent increase for the three full-time employees, with minimum evaluation requirements being met. 519-General Services: Total Personnel Cost: $ 83, Total Supplies and Other Services: $242, FY 2013/14 Proposed Total: $326, FY 2012/13 Budgeted Total: $324, Difference: $ 1, Changes/Discussion: As denoted on page 17 of the proposed budget, this reflects an increase in retirement contribution (+$59), increases in health (+$712), workers compensation (+$48), and property/casualty (+$1,576) insurance premiums, with associated benefit adjustments. Increased Supplies and Other Services by $ Also see page 30, Capital Improvements Projects Fund denotes $38, for the Chamber Window Replace Project and City Hall remodeling: replace carpet and blinds in General Services and City Clerk s Offices; Desk/Counter layout modifications and replacement of various office furniture in General Services Office area; Employee Lounge maintenance and repairs for the walls and flooring. Included is the Annual Salary Step, 1.5 percent increase for the one full-time employee and Bi-Yearly Salary Steps increase for the two part-time employees, with minimum evaluation requirements being met. 521-Law Enforcement: Total Personnel Cost: $1,705, Total Supplies and Other Services: $ 290,13.00 FY 2013/14 Proposed Total: $1,995, FY 2012/13 Budgeted Total: $1,962, Difference: $ 33, Changes/Discussion: As denoted on page 19 of the proposed budget, this reflects a decrease in retirement contribution (-$5,309), increases in the health (+$13,497), workers compensation (+$5,233), and property/casualty (+$4,353) insurance premiums, with associated benefit adjustments. Increased Supplies and Other Services by $11, See page 30, Capital Improvements Projects Fund denotes $24, to purchase a radar, three computers, office equipment and the Window Replacement Project. In addition to $357, Capital Vehicle Purchase line item, for the annual replacement of 13 vehicles and equipment.

5 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 5 OF 24 IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed Fiscal Year Budget continued. Law Enforcement Changes/Discussion continued: Included is the Annual Salary Step, 1.5 percent increase for the 22 full-time employees and Bi-Yearly Salary Steps increase for the three part-time employees, with minimum evaluation requirements being met. Chief Davis submitted changes to personnel, job titles, job descriptions, and salaries. One Detective (Saum) would remain on the current Detective Salary Step Plan line. Change the Certified Police Officer salary line to read Certified Officer/Detective. The job descriptions will be modified to interchange these two positions, keeping them on the same pay step level, but adding a separate annual salary increase of $1, for employees who are assigned to the Detective Division (Pickering and Margerum) from Road Patrol. This is not to be included in the salary step or base pay, but treated as a type of stipend to compensate for the additional duties performed when Road Patrol Officers are re-assigned to the Detective Division. Those employees will also be entitled to a clothing allowance and cell phone reimbursements. Then finally, add a Sergeant position to supervise the Detectives Division (Taylor), whose salary will move from the Detective line to the Sergeant line (based on history of promotion to Sergeant, the step closest to increasing the current salary by $3,000 without being less, will be where they will be placed on the Salary Step Plan). The Detective Sergeant job description will also be amended to include responsibilities of overseeing the Evidence Room and contents, as well as being the in-house technician over the Spillman Computer System. 522-Fire Department: Total Personnel Cost: $1,174, Total Supplies and Other Services: $ 188, FY 2013/14 Proposed Total: $1,363, FY 2012/13 Budgeted Total: $1,320, Difference: $ 42, Changes/Discussion: As denoted on page 20 of the proposed budget, this reflects an increase in retirement contribution (+$51,259), increases in health (+$2,458) and workers compensation (+$9,967) insurance premiums, with associated benefit adjustments, and a decrease in property/casualty (-$2,555) insurance premiums. Increased Supplies and Other Services by $1, See also page 30, Capital Improvements Projects Fund denotes $14, to purchase five sets of bunker gear, five SCBA bottles as per the replacement program. Included is the Annual Salary Step, 1.5 percent increase for the 17 full-time employees and Bi-Yearly Salary Steps for the four parttime employees (including Dispatchers), with minimum evaluation requirements being met. The only personnel changes submitted by Chief Smith was to leave the Assistant Fire Chief/Lieutenant position vacant for this budget year, this does not delete a position or employee, as Firefighter Crum was recently promoted to Lieutenant, to fill the supervisory position.

6 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 6 OF 24 IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed Fiscal Year Budget continued. 541-Public Works: Total Personnel Cost: $ 573, Total Supplies and Other Services: $ 497, FY 2013/14 Proposed Total: $1,070, FY 2012/13 Budgeted Total: $1,059, Difference: $ 11, Changes/Discussion: As denoted on page 23 of the proposed budget, this reflects an increase in retirement contribution (+$302), increases in health (+$6,044), workers compensation (+$4,370) and property/casualty (+$1,304) insurance premiums, with associated benefit adjustments. Increased Supplies and Other Services by $8, See also Page 30, Capital Improvements Projects Funds allocated $50,000 for Parks and Streetscape Improvements in the Parks Capital Improvement line item. Included is the Annual Salary Step, 1.5 percent increase for the 9 full-time employees and Bi-Yearly Salary Steps increases for the two part-time employees, with minimum evaluation requirements being met. Director Allen submitted personnel changes by explaining, Mr. Lamb, who is preparing to retire, is the Maintenance Foreman, above him is the Operations Supervisor, then the Director. The remaining six employees are Maintenance Operators, with one being designated as a Mechanic. He is proposing the department organization to be Director, Operations Supervisor, delete the Foreman position (upon Mr. Lamb s retirement), create two Lead Operator s positions, the remaining five would be leaving four Maintenance Operators, with and one as a Mechanic I /Maintenance Operator. The Salary Step Plan would need to be modified to include salaries for two Lead Operator positions, with a base salary (Step 1) of $33, The salary lines for Maintenance Foreman, Mechanic I and Mechanic II would be deleted from the Step Plan. Job descriptions will need to be created and/or amended appropriately. RECESS BUDGET WORKSHOP - Mayor. RECONVENE SESSION - Mayor. II. OPENING CEREMONIES: Invocation to be given by Reverend Loy Mershimer, Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. MAYOR KIRK RECESSED THE PROPOSED 2013/14 FY BUDGET WORKSHOP AT 5:59 P.M. MAYOR KIRK RECONVENED THE WORKSHOP AT 6:05 P.M. THEN ANNOUNCED THE WORKSHOP WOULD RECESS UNTIL THE END OF THE MEETING, HE THEN CALLED THE REGULAR SESSION TO ORDER. In the absence of Reverend Mershimer, of the Okeechobee Presbyterian Church, Council Member Watford offered the invocation; Mayor Kirk led the Pledge of Allegiance.

7 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 7 OF 24 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 City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present V. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Randy Huckabee with a Certificate of Appreciation for service on the Code Enforcement Board. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 16, 2013 City Council Regular Meeting and July 18, 2013 Joint Workshop with the Planning Board. Mayor Kirk recognized Dr. Randy Huckabee s service on the Code Enforcement Board by presenting him with a framed certificate, which read, The City of Okeechobee recognizes the valuable contribution of community involvement and hereby extends this expression of grateful appreciation to Dr. Raymond D. Huckabee, Jr. for his faithful service as a dedicated member appointed to the Code Enforcement Board for nearly two terms, and serving as Vice-Chairperson, May 7, 2008 to August 31, Dr. Huckabee, who is Pastor of the First Baptist Church thanked the Mayor and Council, and explained that he has enjoyed living in Okeechobee for the last 13 years, but he is being called to Pastor the First Baptist Church in Dade City. Council Member O Connor moved to dispense with the reading and approve the Summary of Council Action for the July 16, 2013 City Council Regular Meeting and July 18, 2013 Joint Workshop with the Planning Board; seconded by Council Member Watford. There was no discussion on this item.

8 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 8 OF 24 VII. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2013 Warrant Register: VIII. - Mayor. General Fund...$409, Community Development Block Grant -HR Fund..... $ 58, Public Facilities Improvement Fund $ 10, Capital Improvement Projects Fund $ 3, Community Development Block Grant-ED Fund..... $ 2, Law Enforcement Special Fund $ A. Requests for the addition, deferral or withdrawal of items on today s agenda. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1100, amending the General Employees and Okeechobee Utility Authority Retirement System, related to Internal Revenue Code Amendments - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No by title only. Council Member Watford moved to approve the July 2013 Warrant Register in the amounts: General Fund, four hundred nine thousand, nine hundred dollars and four cents ($409,900.04); Community Development Block Grant- Housing Rehabilitation Fund, fifty-eight thousand, four hundred forty-three dollars and forty-two cents ($58,443.42); Public Facilities Improvement Fund, ten thousand, one hundred ninety-nine dollars and sixty-seven cents ($10,199.67); Capital Improvement Projects Fund, three thousand, two hundred dollars ($3,200.00); Community Development Block Grant-Economic Development Fund, two thousand, five hundred four dollars and thirteen cents ($2,504.13); Law Enforcement Special Fund, fifty dollars ($50.00); 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. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. Council Member O Connor moved to read by title only, proposed Ordinance No. 1100, amending the General Employees and Okeechobee Utility Authority Retirement System, related to Internal Revenue Code Amendments; seconded by Council Member Williams. Attorney Cook 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.

9 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 9 OF 24 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No b) Public comments and discussion. c) Vote on motion. B. 1. a) Motion to read by title only, proposed Ordinance No. 1101, amending the Municipal Police Officers Pension Trust Fund, related to Internal Revenue Code Amendments - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to adopt proposed Ordinance No b) Public comments and discussion. Council Member Watford moved to adopt proposed Ordinance No. 1100; seconded by Council Member O Connor. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Clerk Gamiotea advised for the record, the proposed ordinance, the letter from Pension Actuary advising of no fiscal impact, and the Statement of No Fiscal Impact signed by Trustee Chairperson, Jamie Mullis, was sent to the State Department Retirement as required, receiving no comments to date. As explained at the first reading, by Pension Attorney Dehner, the amendments are statutorily required, and keep the Plan consistent with recent changes to the IRS Code. Council Member Watford moved to read by title only, proposed Ordinance No. 1101, amending the Municipal Police Officers Pension Trust Fund, related to Internal Revenue Code Amendments; seconded by Council Member O Connor. 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 Williams moved to adopt proposed Ordinance No. 1101; seconded by Council Member O Connor. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Clerk Gamiotea advised for the record the proposed ordinance, the letter from Pension Actuary advising of no fiscal impact, and the Statement of No Fiscal Impact signed by Trustee Chairperson, Denny Davis, was sent to the State Department Retirement as required, with no comments received to date. As explained at the first reading, by Pension Attorney Dehner, the amendments are statutorily required, and keep the Plan consistent with recent changes to the IRS Code.

10 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 10 OF 24 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion to adopt proposed Ordinance No C. 1. a) Motion to read by title only, proposed Ordinance No. 1102, amending the Municipal Firefighters Pension Trust Fund, related to Internal Revenue Code Amendments - City Attorney (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 adopt proposed Ordinance No b) Public comments and discussion. c) Vote on motion. Council Member O Connor moved to read by title only, proposed Ordinance No. 1102, amending the Municipal Firefighters Pension Trust Fund, related to Internal Revenue Code Amendments; seconded by Council Member Watford. 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 adopt proposed Ordinance No. 1102; seconded by Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Clerk Gamiotea advised for the record the proposed ordinance, the letter from Pension Actuary advising of no fiscal impact, and the Statement of No Fiscal Impact signed by Trustee Chairperson, John Koepke was sent to the State Department Retirement as required, with no comments received to date. As explained at the first reading, by Pension Attorney Dehner, the amendments are statutorily required, and keep the Plan consistent with recent changes to the IRS Code.

11 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 11 OF 24 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.1.a.) Motion to adopt proposed Resolution No , which establishes the Preliminary Assessed Cost of $398,244.60, estimated Non-Ad Valorem Assessment Rate of $ per dwelling unit, and provides for a Public Hearing on August 20, 2013 at 6:00 p.m. to hear public comment on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2013/ City Attorney (Exhibit 4). b) Public comments and discussion. Council Member O Connor moved to adopt proposed Resolution No , which establishes the Preliminary Assessed Cost of $398,244.60, estimated Non-Ad Valorem Assessment Rate of $ per dwelling unit, and provides for a Public Hearing on August 20, 2013 at 6:00 p.m. to hear public comment on the adoption of the Residential Solid Waste Collection and Disposal Services Rates and Collection Method for Fiscal Year 2013/2014; seconded by Council Member Watford. Attorney Cook read proposed Resolution No by title only as follows: A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The proposed annual Residential Solid Waste Collection rate increased from $ to $ The estimated assessment will increase from last years amount of $395, to $398, Mr. Jeff Sabin of Waste Management was in attendance, and introduced Mr. Tim Egger as the new Route Manager. The Council expressed complaints from residents regarding yard debris collection services. Mr. Sabin responded that Mr. Egger was aware of the issue and they are working towards solving the problems. Mr. Sabin took a moment to advocate for their new composting pilot program in partnership with FPL, Publix and Faith Farms. c) Vote on motion.

12 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 12 OF 24 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 1. a) Motion to adopt proposed Resolution No , which continues implementing the Non-Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No and certifying the Solid Waste Assessment Roll for Fiscal Year 2013/ City Attorney (Exhibit 5). b) Public comments and discussion. Council Member Watford moved to adopt proposed Resolution No , which continues implementing the Non- Ad Valorem Assessment as the method of collecting for Residential Solid Waste Collection and Disposal Services, adopting rates as established in the Preliminary Rate Resolution No and certifying the Solid Waste Assessment Roll for Fiscal Year 2013/2014; seconded by Council Member Maxwell. Attorney Cook read proposed Resolution No by title only: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR ; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES (4)(5) AS NECESSARY UNDER FLORIDA STATUTES ; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Williams asked that Appendix A be explained, which lists the maximum unit rate for the current year and for years , as well as the estimated revenue to be collected for the same time periods. Administrator Whitehall responded that the schedule of rates and revenue would allow the City to continue this assessment, should the Council, for whatever reason, not adopt a new resolution during the time period stated. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:32 P.M. X. NEW BUSINESS. A. 1. a) Motion to read by title only, and set September 3, 2013, as a final public hearing date for proposed Ordinance No. 1103, updating the Comprehensive Plan 5-Year Schedule - City Attorney (Exhibit 6). Council Member Watford moved to read by title only, and set September 3, 2013, as a final public hearing date for proposed Ordinance No. 1103, updating the Five-Year Schedule of Capital Improvements for the Comprehensive Plan as mandated by Florida Statutes Section (3)(b); seconded by Council Member Williams.

13 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 13 OF 24 X. NEW BUSINESS CONTINUED. A. 1. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve the first reading of proposed Ordinance No b) Discussion. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION (3)(b); PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to approve the first reading of proposed Ordinance No. 1103; seconded by Council Member Watford. The Planning Board discussed the update to the Five-Year Capital Improvement Schedule at their July 18, 2013 meeting and voted unanimously to recommend adoption by the Council. This is a Florida Statue requirement under the Growth Management Act, for the City to review and adopt an update. It was last updated by Ordinance No. 1041, March 2, The schedule reflects proposed capital improvements or projects the City intends to implement over the next five years. B. Motion to adopt proposed Resolution No , revising and adopting Commercial Rates and Fees for Solid Waste Collection and Disposal Services - City Attorney (Exhibit 7). Council Member Watford moved to adopt proposed Resolution No , revising and adopting Commercial Rates for Solid Waste Collection and Disposal Services; seconded by Council Member O Connor. There was a brief st discussion on this item. The matrix of rates increased approximately one percent from last year, effective October 1. Attorney Cook read proposed Resolution No by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2013/2014, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

14 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 14 OF 24 X. NEW BUSINESS CONTINUED. C. Consider a request for financial assistance for the Okeechobee Cattlemen s Arena Restoration Project - Todd Clemons, Okeechobee Cattlemen s Association (Exhibit 8). Mr. Todd Clemons, representing the membership of the Okeechobee Cattlemen s Association addressed the Council by requesting the City consider a one time contribution of up to forty thousand dollars ($40,000.00), towards the Historical Rodeo Arena Restoration Project. Quarterly financial reports would be provided to the City to give assurances of how the funds are being utilized, and the progress of the project. The current arena, located at 1885 Highway 441 North, has been in operation and home to professional rodeo events for over 50 years. In addition to the two major rodeo s each year, the arena was utilized in the past by the OHS Rodeo Team, various horsemen teams, barrel racing and bulling riding events. Over the course of many years, the arena was not maintained, and the Association decided to contract with the County, for five years, to host their events at the newly built Agri-Center. The contract has ended and the Association has decided it is in the best interest of the community to restore the arena and expand its ability to provide the community s history, by adding a Heritage Park that would feature the cattle ranch and farming industry of Okeechobee. The restoration of the arena is projected to cost one hundred forty-thousand dollars ($140,000.00). To date the Cattlemen have raised over twenty-five thousand dollars ($25,000.00) and received commitments from Gilbert Chevrolet, Eli s Western Wear, and Okeechobee Livestock Market for fifty-thousand dollars ($50,000.00), once the Association raised the same. Restoring the seats and concession stands in order to host the 2013 Labor Day Ranch Rodeo have already begun. The Association believes that brining the Rodeo s and adding more events throughout the year, would create a tourist economic benefit for Okeechobee, and gave an example of this by basing the projected attendance for the Labor Day Rodeo. The following is an economic impact assumption: average attendance for a three-day rodeo is 2400 people. The average family size is 3.2 people, equals 750 families. The average family spends seventy-five dollars ($75.00). Total spent by family s attending is fifty-six thousand dollars ($56,000.00). According to the Chamber of Commerce, for each dollar that is spent locally, the economic impact is three dollars to the community, giving a forecasted economic impact of one hundred sixty-eight-thousand dollars ($168,000.00). In addition to Mr. Clemons, Mr. Mack Worley, Jr., Mr. Billy Marcum, Mr. Fritz Brewer, and Mr. Gordie Peer addressed the Council speaking in favor of the project, how they are participating individually to support it, and emphasizing the need to preserve Okeechobee s agriculture heritage and increase the local tourism. The discussion briefly turned to the location of the arena, and Council Member Maxwell added, while it is located outside the City Limits, it is contiguous. The City could consider voluntary annexation as a requirement for the contribution, (Legal description: Block 46, Lots 14-26, all of Blocks 47, 50, 51, and 70 (Lots 1-26), Conners Highlands, Plat Book 1, Page 21, Okeechobee County Public Records, approximately 19.5 acres).

15 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 15 OF 24 X. NEW BUSINESS CONTINUED. C. Consider a request for financial assistance for the Okeechobee Cattlemen s Arena Restoration Project continued. An enclave cannot be created and there are approximately three blocks (71, 74, 75 and Lots of 76) in the Conner Highlands Subdivision that may have to agree to annexation as well. Mr. Clemons responded that annexation as a requirement should not be an issue for their property, but he would need to present that to the Association membership. Mayor Kirk and Council Member Watford agreed the annexation possibilities make the request unique over other organization s that appear before the Council from time to time. Council Member O Connor interjected that the City has financially supported two organizations over the last few years, Okeechobee Main Street and the new Chamber of Commerce. Both have significantly been successful and benefitted the City, he believed this request would as well. It was suggested that the Cattlemen request funding participation from the Okeechobee Tourist Development Council, as their funding would be completely in line with the purpose of this project, and the Board of County Commission as well. Council Member Maxwell moved that the City fund the Cattlemen s Arena Restoration Project as requested ($40,000.00), that it be over two budget years, and the assistance is on the condition of the Cattlemen voluntarily annexing their property into the City; seconded by Council Member O Connor. Administrator Whitehall asked for clarification how to handle when to send the funds with the annexation condition. Budget $20, from the Fiscal Year, and $20, from Fiscal Year, and the funds would not be released until the annexation is complete. The City Attorney would draft the necessary paperwork for the voluntary annexation, which would be required by petition, then ordinance adoption, and possible Rezonings and Future Land Use Map amendments. This request will have to be discussed during the proposed budget process as well. D. Update regarding South Florida Water Management District Issues - Gary Ritter, SFWMD. E. Motion to ratify an amendment to the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement between the Police Department and the Sheriff s Office - Police Chief (Exhibit 9). Mr. Ritter was not in attendance, therefore there was not an update from South Florida Water Management District. Council Member O Connor moved to ratify an amendment to the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement between the Police Department and the Sheriff s Office; seconded by Council Member Watford.

16 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 16 OF 24 X. NEW BUSINESS CONTINUED. E. Motion to ratify an amendment to the Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement between the Police Department and the Sheriff s Office continued. The original agreement was entered into on May 25, 1995, the last amendment was approved April 22, This amendment modifies the wording in paragraph IV.g. as follows: During the course of, and in furtherance of the operations directly related to the Okeechobee Narcotics Task Force, the Sheriff s Office shall pay the salary and any overtime for the officer assigned to the Task Force by the Police Department and shall not make the assigned police officer an employee. The payment by the Sheriff s Office of the salary and overtime, however, shall be subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law due to limited funding not make the assigned police officer an employee. Then due to the language in paragraph X,..effective date is upon execution and approval by this hereinafter named officials.. the 2009 version named the late Cliff Betts, Chairperson for the Board of County Commissioners. The document should reflect the current Chair, which is the Honorable Frank Irby. The Mayor and Council noted their appreciation to the Sheriff s Office for their cooperation on this endeavor, which creates the Drug Task Force, it has been a good program for both entities. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED F. Motion to approve implementation of The Compliance Engine webbased system as a management tool for Life Safety Inspections - Fire Chief Smith (Exhibit 10). Council Member Williams moved to approve implementation of The Compliance Engine web-based system as a management tool for Life Safety Inspections; seconded by Council Member O Connor. Following a brief discussion, th the motion and second were withdrawn as Council had approved that action at the July 16 meeting. Approving the contract is what is being requested. Chief Smith distributed a copy of the proposed agreement and a copy of Martin County s bid award. Council Member Williams moved to approve the agreement with Brycer, LLC of Warrenville, IL, for Fire Prevention Compliance Software and Services (this is a piggy-back of Martin County s Bid, RFP No /NC); seconded by Council Member O Connor. As explained at the July 16 meeting, the Fire Department researched the ability to streamline and create consistency th in the method of data aggregating, document management and information delivery vehicle for fire prevention bureaus and inspection companies to ensure compliance with adopted fire codes and administration of fire system testing reports as outlined in the National Fire Protection Agency and Code for Life Safety Mechanical Systems. Martin County recently advertised and awarded a bid for this same service, and as allowed, the City may opt to award the same. The vendor will receive compensation by collecting service fees directly from the third party inspectors. There is no cost to the City.

17 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 17 OF 24 X. NEW BUSINESS CONTINUED. F. Motion to approve implementation of The Compliance Engine webbased system as a management tool for Life Safety Inspections continued. G. Motion to award a bid in the amount of $20, to Lifestyle Exterior Products for Chamber of Commerce Building Window Replacement - City Administrator (Exhibit 11). Council Member O Connor moved to award Bid No. PW , in the amount of twenty thousand, one hundred thirty dollars ($20,130.00) to Lifestyle Exterior Products of Ft. Myers, for the Chamber of Commerce Building Window Replacement Project; seconded by Council Member Williams. The bids were advertised on July 24, with a bid opening held at 10:00 a.m. on August 6, 2013, receiving six responses, after review of bid requirements, credentials, and references verified, Staff is recommending award to the lowest bidder named above. The local vendor preference limits at 5 percent over, the next lowest bid from a local bidder was 13.4 percent over. Bids and amounts were also received from: R. Mossel Construction of Okeechobee, $22, Sinemark Construction of Wellington, $27, Mancil s Tractor Service of Stuart, $24, Neal Long Construction of Okeechobee, $65, Ted Starr Construction of Okeechobee, $24, Administrator Whitehall also explained that the Chamber is now requesting an extension to their time frame from 18 to 24 months to reimburse the City their 50 percent. When the Council first approved the Chamber s request on May 4, 2013, it was for them to administer the project and the City to pay for one-half of the costs to replace the 22 windows. The amount of the project was estimated to be $18, and was based on a quote from Batton Consulting Service, LLC. The quote noted there could be additional costs for interior/exterior repairs to the walls around the windows. Then on July 16, as requested by the Chamber, the Council approved for the City to administer the project, and allow the Chamber to take up to 18 months to reimburse the City for their half of the project costs. Council Member Watford moved to amend the motion (made at the July 16, 2013 Regular Meeting), to allow the Chamber of Commerce up to 24 months to make their reimbursement; seconded by Council Member O Connor. Administrator Whitehall asked for clarification whether this meant the Chamber was required to make payments on a specific schedule or just so the final amount is paid by the end of 24 months. The consensus of the Council was no specific schedule, as long is it is paid by the end of the time period.

18 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 18 OF 24 X. NEW BUSINESS CONTINUED. G. Motion to award a bid in the amount of $20, to Lifestyle Exterior Products for Chamber of Commerce Building Window Replacement continued. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. H. Motion to award a bid in the amount of $20, to Ted Starr Construction for Police Department Building Window Replacement - Police Chief (Exhibit 12). Council Member O Connor moved to award Bid No. PW , in the amount of twenty thousand, one hundred forty-five dollars ($20,145.00) to Ted Starr Construction of Okeechobee, for the Police Department Building Window Replacement Project; seconded by Council Member Watford. The bids were advertised on July 24, with a bid opening held at 10:00 a.m. on August 6, 2013, receiving six responses, after review of bid requirements, credentials, and references verified, Staff is recommending award to the lowest bidder named above. Bids and amounts were also received from: R. Mossel Construction of Okeechobee, $20, Sinemark Construction of Wellington, $28, Lifestyle Exterior Products of Ft. Myers, $22, Neal Long Construction of Okeechobee, $54, Mancil s Tractor Service of Stuart, $23, I. Motion to award a bid for CDBG Contract No. 12DB-E08, from Sunshine Land Design, Inc. in the amount of $211, for the Limited Roadway Improvements to SR 70 (Applebee s Turn Lane Project) with additional funding being provided by Gator Apple 1, LLC - City Administrator (Exhibit 13). Council Member O Connor moved to award Bid No. PW RB for Community Development Block Grant- Economic Development Contract No. 12DB-E08, to Sunshine Land Design, Inc. of Stuart, in the amount of two hundred eleven thousand, eight hundred sixty-five dollars and seven cents ($211,865.07) for the Limited Roadway Improvements to State Road 70 East (Applebee s Turn Lane Project) with additional funding being provided by Gator Apple 1, LLC; seconded by Council Member Watford. A copy of the bid tabulation and recommendation was included in Exhibit 13, from Project Engineer, Stefan Matthes, P.E. of Culpepper and Terpening, Inc. explaining they reviewed the three bids received at 2:00 p.m. on August 8, After review of the bid requirements, credentials, and references verified, they are recommending award to the lowest bidder named above.

19 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 19 OF 24 X. NEW BUSINESS CONTINUED. I. Motion to award a bid for CDBG Contract No. 12DB-E08, from Sunshine Land Design, Inc. in the amount of $211, for the Limited Roadway Improvements to SR 70 (Applebee s Turn Lane Project) with additional funding being provided by Gator Apple 1, LLC continued. Bids and amounts were also received from: Lynch Paving of Okeechobee, $213, and Ranger Construction of Fort Pierce, $301, The local vendor preference is not applicable to CDBG projects. Staff also noted that the Florida Department of Transportation requirement, that all work has to be done from 8:00 p.m. to 6:00 a.m. had a negative impact on the bid. The CDBG-ED construction budget allows for up to $200, As per the Participating Party Agreement between the City and the grant applicant/participating party, paragraph 11 states any construction cost overruns will be paid for by the participating party. In a memorandum from Grant Consultant Nancy Phillips, she advises that Administrator Whitehall will be in contact with the representative of Gator Apple 1, LLC, for agreement to escrow the deficit amount, as well as cover any change orders that might arise. Administrator Whitehall elaborated that the sent to the representative, informing them of the situation was delayed, and he was not able to obtain a response from them by today s meeting. The Council noted their concern of the situation, wanting to make sure Gator Apple was committed to what they agreed to when they executed the participating party agreement. As a precaution, Mr. Whitehall explained that prior to a Notice of Award being executed and delivered to the contractor, the City could require the funds be deposited in an escrow account. Council Member Watford moved to amend the motion to state that Bid No. PW RB Notice of Award not be completed until the ten thousand, eight hundred seventy-one dollars and eight cents ($10,871.08) additional funding being provided by Gator Apple 1/Applebees is in escrow ; seconded by Council Member Maxwell. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. RECESS REGULAR SESSION, RECONVENE THE PROPOSED 2013/14 FY BUDGET WORKSHOP - Mayor. MAYOR KIRK CALLED FOR A RECESS AT 8:12 P.M. THE MEETING WAS RECONVENED AT 8:19 P.M. WITH THE MAYOR RECESSING THE REGULAR SESSION AND RECONVENING THE BUDGET WORKSHOP.

20 AUGUST 20, REGULAR MEETING & BUDGET WORKSHOP - PAGE 20 OF 24 IV. BUDGET WORKSHOP CONTINUED. A. Discuss the proposed Fiscal Year Budget continued. Council began where they left off earlier in the meeting, on page 24, Public Facility Improvement Fund. 301-Public Facility Improvement Fund: Beginning Fund Balance: $874, (Transportation) Total Revenues: $641, Total Expenditures: $675, Transfer Out to General Fund: $389, Proposed Ending Fund Balance: $442, Comments and Discussion: The revenues are projected to be $5, more than last year. Expenditures increased by $54, The machinery and equipment line item was increased by $70, This Fund s expenditures propose to purchase trash cans for the Parks, a GPS Field Data Collection device, a new truck for the Public Works Director, replace a 1-ton Utility Truck and equipment for both trucks. Repairs, replacements or upgrades to the Butterfly Garden irrigation in Flagler Park No. 6; Street signs to meet the new retro reflectivity standards; Rightsof-Way drainage projects; Storm water infiltration repairs; Storm water ditch adjustments; as well as the Asphalt Program (Road Paving), and the Sidewalk Program. 302-CDBG-HR Fund: Beginning Fund Balance: $ Total Revenues $125, Total Expenditures and Transfer to General Fund: $113, Proposed Ending Fund Balance: $ Comments and Discussion: This is for the Community Development Block Grant-Housing Rehabilitation Project, awarded in Many low income family homes have been remodeled and brought up to code with these funds. The project is almost complete. 306-CDBG-ED Fund: Beginning Fund Balance: $ 0.00 Total Revenues: $220, Total Expenditures: $220, Proposed Ending Fund Balance: $ 0.00