CITY OF OKEECHOBEE MAY 3, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE MAY 3, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 I. CALL TO ORDER - Mayor: May 3, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by the Very Reverend Edward Weiss; Church of Our Saviour; Pledge of Allegiance led by Mayor. Mayor Kirk called the May 3, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by the Very Reverend Dr. Edward Weiss of the Church of Our Saviour; the Pledge was led by Mayor Kirk. 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 City Clerk Gamiotea called the roll: IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. a 30-Year Longevity Service Award to Bill Saum. Mayor Kirk presented Mr. Bill Saum with a 30 Year Longevity Service Plaque and a check for $ in appreciation for these years of service with the City. Mr. Saum thanked the Mayor, Council, his family who was present and Retired Police Chief Mobley for giving him his chance and hiring him.

2 MAY 3, REGULAR MEETING - PAGE 2 OF 5 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 19, 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 April 19, 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. 1. a) Motion to read by title only and set May 17, 2011 as a final public hearing date for proposed Ordinance No regarding Impact Fees - City Attorney (Exhibit 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. Council Member O Connor moved to read by title only and set May 17, 2011 as a final public hearing date for proposed Ordinance No regarding Impact Fees; seconded by Council Member Maxwell. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING FOR IMPACT FEE PAYMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Watford moved to approve the first reading of proposed Ordinance No. 1071; seconded by Council Member O Connor. Mayor Kirk opened the floor for discussion. The proposed ordinance calls for the collection of City impact fee s to be suspended from July 1, 2011 to June 30, The Board of County Commission and School Board have not moved forward with adopting similar documents. Several Council Members voiced their concern that adopting this will not be an easy decision.

3 MAY 3, REGULAR MEETING - PAGE 3 OF 5 VII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B. ation of Fiscal Year End 2010 Auditor s Report - Hoyman Dobson, Certified Public Accountants. Prior to the meeting, copies of the Final Fiscal Year Audit Report was distributed to the Mayor and Council. Mrs. Deborah Goode, Audit Director of Hoyman Dobson and Company, P.A., presented the results, stating that the City is in a secure financial position. She briefly reviewed the comparisons of last years ( FY) and this years audit. It was discussed that the General Employee Pension Plan is separated from the Police and Fire Fighters Pension Plans as it includes the Okeechobee Utility Authority Employee s as well. She noted that all the plans are fully funded and in very good shape. The Council had several questions, mostly of the pension funds. It was noted for the record that City employee s contribute and have always contributed toward their individual pension funds. 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. C. ation of the mid-year financial review - Finance Director. Finance Director Riedel presented a power point presentation of the mid-year review of the 2010/2011 Fiscal Year budget. Revenues and expenditures are tracking as expected. The State Legislative Committee of Intergovernmental Relations (LCIR) estimated revenues are close to the City s actuals. Percentage of budget spent through March 31, 2011 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 the need for services and goods. The proposed mid-year budget amendments reflect property and casualty insurance decreases, including workers compensation to all departments. Increases in fuel costs based on escalating per gallon costs and various FICA changes as needed. Specifically in General Services the proposed amendment reflects reducing inspection services and planning services by $114,316.00; Removing the last four months of janitorial services with Scotts Cleaning, $6,880.00; Adding a part-time custodian, $6,190.00; Amend operating expenditures by $1,000 to purchase cleaning supplies and equipment. Specific amendments within Public Works included adding an Other Salary line item for parttime maintenance operators, $16, and decreasing the Regular Salary line item including benefits of a full-time employee, $17, Other funds amended were the adding of Community Development Block Grant Housing Rehabilitation and Relocation, $700,00 that was recently awarded to the City. Finally, reducing General Fund Fees for Service within the Revenues due to the reduction of services for building and planning consultants.

4 MAY 3, REGULAR MEETING - PAGE 4 OF 5 VII. NEW BUSINESS CONTINUED. D. Motion to approve the FYE 2011 mid-year budget adjustments - Finance Director (Exhibit 2). Council Member Watford moved to approve the Fiscal Year Ending 2011 mid-year budget adjustments; seconded by Council Member Williams. Adopted Budget: Adopted 2010/11 Mid-Year Budget Difference Beginning Fund Balance $2, $2,745, $ 0.00 Revenues: 97% Ad Valorem $1,738, $1,738, $ 0.00 Other Fees $ 885, $ 885, $ 0.00 Intergovernmental Revenues $ 952, $ 952, $ 0.00 Charges for Current Services $1,061, $ 936, ($125,514.00) Fines, Forfeitures and Penalties $ 30, $ 30, $ 0.00 Uses of Money and Property $ 2, $ 2, $ 0.00 Other Revenues $ 52, $ 52, $ 0.00 $4,721, $4,596, ($125,514.00) Transfers-In: Public Facilities Improvement Fund $ 317, $ 317, $ 0.00 Capital Improvement Projects Fund $ 272, $ 249, $ (23,484.00) Capital Improvement Projects Fund-Impact Fees $ $ $ 0.00 Total Revenues $5,312, $5,163, ($148,998.00) Expenditures: Legislative $ 103, $ 102, ($ ) Executive $ 158, $ 164, $ 5, City Clerk $ 182, $ 182, ($ ) Financial Services $ 201, $ 198, ($ 2,767.00) Legal Counsel $ 70, $ 70, $ 0.00 General Services $ 476, $ 354, ($121,597.00) Law Enforcement $1,847, $1,851, $ 4, Fire Protection $1,255, $1,234, ($ 21,082.00) Road and Street Facilities $1,016, $1,003, ($ 13,195.00) Total General Operating Expenditures $5,312, $5,163, ($148,998.00) Fiscal Year Ending Fund Balance $2,745, $2,745, $ 0.00

5 MAY 3, REGULAR MEETING - PAGE 5 OF 6 IX. NEW BUSINESS CONTINUED. D. Motion to approve the FYE 2011 mid-year budget adjustments continued. E. Discuss Code Enforcement Magistrate - City Administrator (Exhibit 3). The possibility of changing the Code Enforcement procedures from utilizing a Code Board to a Magistrate was recently brought up again. Administrator Whitehall highlighted the pros and cons of this change in a memorandum. Pros for a magistrate are that it could reduce redundancy and expedite either corrective action or case disposition. The magistrate would provide more consistency in administration. The County switched to a magistrate system and the County Staff believes it was beneficial and/or effective. It would remove difficulty in finding members for the Board. The cons for a magistrate are that it may be difficult to find a local participant that will not only take the job but act in the fashion the City wants, using appropriate discretion. It removes the citizen committee approach (jury by peers) to deliberate code penalty issues. The costs for either method are about the same to the City. Council Member Watford began the discussion by asking Code Enforcement Board Chairperson Jamie Gamiotea various questions relating to vacancies on the board, attendance and the overall opinion the Board had toward changing the method. Mr. Gamiotea responded, there was only one instance where a quorum was not available within the last year. The members have severed for several years, they enjoy their involvement in the community and are a well diversified group. Council Members Williams and Maxwell noted their support to the magistrate method and gave their reasons for changing the method, adding they had nothing against the citizen board. Council Member O Connor added his support to continue with the Board method along with Council Member Watford and cited their case for keeping the Board system. Council Member Williams made a motion to establish an ordinance for the magistrate Code Enforcement system; seconded by Council Member Maxwell. KIRK - NO MAXWELL - YEA O CONNOR - NO WATFORD - NO WILLIAMS - YEA MOTION DENIED.

6 MAY 3, REGULAR MEETING - PAGE 6 OF 6 X. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:25 p.m. The next regular scheduled meeting is May 17, 2011 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

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