CITY OF OKEECHOBEE MAY 1, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE MAY 1, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 I. CALL TO ORDER - Mayor: May 1, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Edward Weiss, D.D., of the Church of Our Saviour; Pledge of Allegiance to be led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson Mayor Kirk called the May 1, 2012, Regular City Council Meeting to order at 6:02 p.m. The invocation was offered by Reverend Edward Weiss, D.D., of the Church of Our Saviour; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim May 13 through 19, 2012 as National Nursing Home Week. Mayor Kirk proclaimed May 13 through 19, 2012 as National Nursing Home Week, presenting the proclamation to Mr. Andrew McKillop, Administrator of the Okeechobee Health Care Facility and read the following: WHEREAS, the City of Okeechobee feels a deep sense of appreciation for the guidance and leadership provided by its senior citizens; and WHEREAS, we hold them in respect and affection and are grateful they enrich many lives with their encouragement and by sharing their knowledge and understanding; and WHEREAS, we salute the residents of Okeechobee Healthcare Facility, many of whom helped to build the City of Okeechobee; and WHEREAS, Okeechobee Healthcare Facility with dedicated staff members provide caring and supportive services that enable the highest possible quality of life for our loved ones; and (continued)

2 MAY 1, REGULAR MEETING - PAGE 2 OF 6 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim May 13 through 19, 2012 as National Nursing Home Week continued. B. Proclaim May 3, 2012 as the National Day of Prayer. C. a Certificate of Appreciation to Osiel Luviano. (Continued from page one) WHEREAS, it is important to raise awareness of the exceptional care that Okeechobee Healthcare Facility provides to elderly residents of the City of Okeechobee. 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 week of May 13, 2012 as NATIONAL NURSING HOME WEEK in the City of Okeechobee. Father Edward was present on behalf of the Okeechobee Ministerial Association to receive from Mayor Kirk, the National Day of Prayer Proclamation, was read as follows: WHEREAS, America was founded on the principles of religious faith and freedom; and WHEREAS, throughout the history of our state and nation, we have humbly prayed for guidance and comfort where needed, and have given thanks for our many blessings which God has graciously bestowed on this nation since its inception; and WHEREAS, prayer is regarded by millions as the most important utterance for mankind for its benefit; and WHEREAS, we continue to give thanks for the men and women of the military that are defending freedom, and we humbly ask God for their protection and pray for peace throughout the world; and WHEREAS, the National Day of Prayer is a day set aside by Congress for all Americans to pray and reaffirm the spiritual principles upon which this nation was founded; and WHEREAS, this year marks the 61st Anniversary of the consecutive annual observance of the National Day of Prayer, and the theme is One Nation Under God based on the verse from Psalm 33:12, Blessed is the Nation whose God is the Lord ; and WHEREAS, across our nation on May 3, 2012, Americans will unite at specific times in prayer for our nation and state to acknowledge our dependence upon God, to give thanks for the many blessings our country has received from Him, to recognize our need for personal and corporate renewal and moral values and to invoke God s blessings upon our leaders and ask God to heal and unite our state. 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 May 3, 2012, as National Day of Prayer in Okeechobee and invite all residents to participate in the National Day of Prayer Event on the lawn of the Historical Court House at noon to pray with diligence, humility and obedience, and seek the face of Almighty God to direct our paths in the days and years ahead. Mayor Kirk presented a Certificate of Appreciation to Mr. Osiel Luviano, In recognition of your service to the community, the City and your fellow citizens have benefitted greatly by your unselfish dedication in the performance of your duties while serving on the Planning Board, Board of Adjustments, and the Design Review Board, August 5, 2008 to April 30, Mr. Luviano thanked the Mayor and Council for putting their trust in him to serve the community.

3 MAY 1, REGULAR MEETING - PAGE 3 OF 6 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. a 10-Year Longevity Service Award to Clint Gould. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 17, 2012 Regular Meeting. VI. - Mayor. A. Requests for the addition, deferral or withdrawal of items on today s agenda. Mr. Clint Gould received a Certificate of Longevity and award, an all-weather jacket with the City seal and his name embroidered on it, in recognition of his 10 years of service with the City beginning April 15, Mr. Gould serves in the position of Maintenance Operator for the Public Works Department. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April 17, 2012 Regular Meeting; seconded by Council Member O Connor. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda. New Business item C was moved to the beginning as requested by Mr. Smeykal, without any objections. VII. NEW BUSINESS. A. Motion to approve the Local Mitigation Strategy as proposed by Okeechobee County Emergency Management - City Administrator (Exhibit 1). Council Member O Connor moved to approve the Local Mitigation Strategy Plan as proposed by Okeechobee County Emergency Management; seconded by Council Member Watford. Mr. Mitch Smeykal, Director, Okeechobee County Emergency Management Department gave a power point presentation, explaining that before 2000, under the Stafford Act, emphasis was on post-disaster mitigation. The emphasis has shifted to pre-disaster mitigation planning. In order for local governments to be prepared and receive federal (FEMA) funds, we are required to have a revised adopted Local Hazard Mitigation Plan (LHMPs) which includes new Pre-Disaster Mitigation (PDM) grant programs to reduce potential losses before disasters. Hazard Mitigation is any action taken to reduce or eliminate the long-term risk to human life and property from natural hazards. Mr. Smeykal outlined the guidelines required to be met and time line to follow in order to create the proposed Plan as well as the goals and objectives of the Plan. An area of critical concern for the City is the list of identified mitigation projects. There are 52 projects identified, and 26 of them deal with water movement. Others deal with construction of shelters, communications redundancy and establish a mosquito control district.

4 MAY 1, REGULAR MEETING - PAGE 4 OF 6 VII. NEW BUSINESS CONTINUED. B. Motion to approve the Local Mitigation Strategy as proposed by Okeechobee County Emergency Management continued. Of the 52 projects, these are specific to the City: PROJECT TYPE & LOCATION FUNDED AMOUNT & SOURCE STATUS & RESPONSIBLE AGENCY No. 5 rd Southwest 3 Avenue/Terrace $1,000,000 PDM/HMGP/ Designed/Permitted Drainage Area Improvements FMAP County No. 7 Southwest 7th Avenue $500,000 PDM/HMGP/ Designed/Permitted Drainage Area Improvements FMAP County No. 8 st Southwest 21 Street Storm $1,000,000 PDM/HMGP/ Partially Surveyed Water Improvements FMAP in County No. 10 Installation of 30 emergency $1,004,950 PDM/HMGP/ generators for lift stations EMPA OUA No. 25 Highway 441 South Storm $500,000 PMD/HMPG/ Water Improvements FMAP County & FDOT No. 46 County-wide Installation of Waste $5,000,000 PDM/HMGP/ Water Collection System EMPA OUA No. 52 County-wide Mosquito $50,000,000 PMD/HMPG/ Control EMAP County As soon as the Plan has completed all steps necessary to be adopted, with tonight s action being the final item necessary, Mr. Smeykal will be attending the 2012 Governor s Hurricane Conference and meeting with members of the Florida Division of Emergency Management Mitigation Branch to determine which projects have the best chance of FEMA funding. The Council had several questions relative to the mosquito control project and its urgent need following hurricanes. Mr. Smeykal clarified that in order to meet refunding requirements for mosquito control, it has to be documented that the work was done to abate mosquitos following a disease being contracted by mosquitos. However, he will continue to pursue the issue as it is a serious problem in our area with the livestock. Mr. Smeykal also clarified, in response to why the Plan only identified natural disasters and not things like chemical spills, those types of disasters are contained in Response Plans, and based on the specific need and type of response. The two should be linked, but they are not. A copy of the power point has been included in the minute file with Exhibit One. VOTE KIRK - YEA MAXWELL - YEA O CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.

5 MAY 1, REGULAR MEETING - PAGE 5 OF 6 VII. NEW BUSINESS CONTINUED. B. ation of Fiscal Year Auditor s Report - Deborah A. Goode, CPA and partner with Carr, Riggs & Ingram, LLC. The presentation of the City s Financial Statement (Audit Report), Fiscal Year was given by Ms. Deborah A. Goode, with Carr, Riggs & Ingram, LLC (formerly known as Hoyman, Dobson and Company). Mr. Goode explained the merging of the two firms and expanded resources of their partnership. Prior to the meeting, copies of the audit report were distributed to the Mayor and Council. The independent audit report reflects there were no compliance issues and the City is in a secure financial position evidenced by the Statement of Revenues, Expenditures and Changes in Fund Balances of $11,386, for all funds on page 18. Cities are regulated to set aside a minium of three to six months worth of money in the fund balance. Drawing attention to the Balance Sheet on page 17, and noted it does not include fixed assets. Due to the City recently adopting a new policy, there are new areas included in the liability and fund balances section, such as non-spendable inventory. This money cannot be spent again as it is already spent. The restricted public facilities item is the gas tax revenues, which have spending restrictions placed on them by state law. The Council had several questions on this page, Ms. Goode clarified that the bottom portion is reconciling the Balance Sheet, which does not include fixed assets with the Statement of Net Assets on page 15. The $648, which is the negative net pension obligation resulting from over funding of the police and firefighters pension plans is not an accurate number as her firm had to utilize the 2010 Actuary Report information. The 2011 Pension Actuary Report has not been released to date. Ms. Goode noted on page 40, Other Post Employment Benefits Statement (OPEB). Because FY 09/10 was the first year of implementing GASB Statement No. 40, and the City elected to implement this statement prospectively, only one year of data was reported in the last Fiscal Years report, noting that required trend data would be presented in future years, which is now. Pursuant to F.S , the City is required to provide eligible retirees the opportunity to participate in the single-employer defined benefit health care plan. Stand alone financial statements are not conducted for this Plan, therefore it is accounted for in the basic financial statement. There are currently three retirees and spouses together with 60 employees and dependents participating. The City is funding the plan on a pay-as-yougo basis. There is an implied subsidy in the insurance premiums for these employees because the premium charged for retirees is the same as the premium charged for active employees, who are younger than retirees on average. The City s contribution was $7, She suggested to ask the Pension Actuary when this amount will stop increasing. The Mayor and Council thanked Mrs. Goode for the report and added their appreciation to City Staff as well. No official action was necessary for this item. However, the discussion turned to the matter of the 2011 Pension Actuary Reports not being released in a timely manner. Ms. Goode was asked whether any of her other clients had the same problem, she responded no, they all had their reports.

6 MAY 1, REGULAR MEETING - PAGE 6 OF 6 VII. NEW BUSINESS CONTINUED. B. ation of Fiscal Year Auditor s Report continued. C. ation of the mid-year financial review - Finance Director. The Council noted for the record their frustration of the situation, and agreed a letter should be sent by Mayor Kirk to the Pension Board of Trustee s outlining the City s embarrassment and disappointment over this problem and tactfully request the Trustee s make a directive to their actuary firm to submit the reports in a timely fashion. Finance Director Riedel gave a power point presentation of the mid-year review of the 2011/2012 Fiscal Year budget. On a positive note, the Finance Department has receipted more revenues year to date than in the last four years, with sales tax revenues increasing by approximately 6 percent. The percentage of budget spent through March 31, 2012 is percent; when one might expect to have spent 50 percent of funds. The Departments Heads continue to reduce as much operating budget expenditures as they can, as well as monitor each line item within their budget by scrutinizing all purchases and utilizing Part-Time more to off-set the costs of overtime. The Property & Casualty insurance premiums are as budgeted. The number of building permits issued has increased and reserves are still healthy. The one volatile area that continues is gas prices. Mrs. Riedel announced that with revenues leveling and the budget on target, there was not a need to request a midyear budget amendment at this time. The Mayor and Council thanked all the City Staff for their continued hard work, and that is was encouraging to hear about the sale tax revenue increases. No official action was necessary. 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 7:13 p.m. The next regular scheduled meeting is May 15, 2012 at 6:00 p.m. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk