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2009-07-09 WkspCITY OF OKEECHOBEE JULY 9, 2009 CITY COUNCIL AND BOARD OF COUNTY COMMISSIONERS SUMMARY OF JOINT WORKSHOP DISCUSSION AGENDA II� DISCUSSION I. COMMENCEMENT AND ATTENDANCE: July 9, 2009, Joint Workshop, 9:00 a.m. Invocation to be given by Reverend Paul Jackson, Sr; Pledge of Allegiance. Mayor James E. Kirk Council Member Lowry Markham 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 BOCC Chairperson Cliff Betts Commissioner Noel Chandler Commissioner Ray Domer Commissioner Margaret Garrard -Helton Commissioner Joey Hoover County Administrator Lyndon Bonner Deputy County Administrator Robbie Chartier Deputy County Administrator Jim Threewits County Attorney John Cassels Deputy Clerk Paula Poskon II. DISCUSSION. 309 PAGE 1 OF 3 BOCC Chair, Cliff Betts called the July 9, 2009 Joint Workshop to order at 9:00 a.m. in the Okeechobee Health Department Auditorium, located at 1728 Northwest 9th Avenue, Okeechobee, Florida. Invocation was offered by Reverend Jackson; The Pledge of Allegiance was led by Mayor Kirk. Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present Present A. 9:00 a.m. Joint Public Workshop to discuss the implementation of The workshop was called by the BOCC, inviting the City Council to discuss a proposed EMS Special Assessment within the Emergency Medical Services Special Assessment Program the boundaries of the City. Chair Betts yielded the floor to County Staff, and consultants to make the presentation. between the County Commission and the City Council. 11 310 JULY 9, 2009 - CITY & COUNTY JOINT WORKSHOP - PAGE 2 OF 3 AGENDA_ II. DISCUSSION CONTINUED. A. 9:00 a.m. Joint Public Workshop to discuss the implementation of the Emergency Medical Services Special Assessment Program between the County Commission and the City Council continued. DISCUSSION_ The Okeechobee County Fire and Rescue Department currently handles all calls regarding EMS service. The City has a fire department, whose employees are cross -trained firefighters and EMT's, and act as first responders. However, the City does not have paramedics, an ambulance, nor do they transport patients. Several years ago the City and County worked together to have a Fire Study conducted, during this process the firefighting portion of the County's budget was separated out. A Fire Special Assessment was implemented. Since the City has a Fire Department, an assessment was not implemented on City property owners. Due to the current economic times, and State legislative changes to property taxes and millage rates, both the City and County have been left with the tedious process of finding other revenue options. Since the exact amounts to fund the EMS portion of the County's Fire and Rescue budget have been separated out and Okeechobee has been identified as a County of Rural Economic concern, County Staff recommended the BOCC hire a consultant group to advise as to what would be the best method of finding a revenue source to fund this service to the community. Mr. Lee Evett, Vice President of Willdan Financial Services gave a presentation regarding the implementation, rates, and how the EMS Special Assessment can work in Okeechobee. He fielded questions from both the City Council and BOCC together with Attorney Heather Encinosa of Nabors, Giblin and Nickerson. The Mayor and City Council were only given their documentation regarding the program the evening before, and requested additional documentation and supporting data, such as a copy of the County's budget, how and where the information was obtained to formulate the tables of information. The historical call data was not divided into whether it was in the City or County. Council asked for that information as well as the specific number of parcels within each category type. It was also noted that churches and non -profit's must pay the special assessment as well. The current time line for implementation of this program is that the City Council will need to hold a first reading of the proposed Ordinance on July 21, 2009 and a Final Adoption on August 4, 2009. The County will hold a public hearing to adopt the proposed Ordinance and Preliminary Rate Resolution on July 23, 2009 at 9:00 a.m. There will be a Public Forum on September 3, 2009 at 5:30 p.m. with the Final Public Hearing and Adoption on September 10, 2009 at 5:01 p.m. BOCC Chair Betts asked whether there was anyone present who wanted to address the two boards on this matter? Mr. Hoot Worley gave his opposing comments to the implementation of this special assessment, noting that the burden of this service should not be put on the property owners. 1 n 1 JULY 9, 2009 - CITY 8& COUNTY JOINT WORKSHOP - PAGE 3 OF 3 311 II. DISCUSSION CONTINUED. A. 9:00 a.m. Joint Public Workshop to discuss the implementation of No official action can be taken during a workshop. The matter was for discussion purposes only. The first meeting the Emergency Medical Services Special Assessment Program regarding the EMS Special Assessment before the City Council will be July 21, 2009 at 6:00 p.m. between the County Commission and the City Council continued. III. 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. — I , z �. , 6// James E. Kirk, Mayor C Lane Gamiotea, CMC, City Clerk / ATTEST: There being no further discussion, the workshop was adjourned at 10:40 a.m. C " [ 'L V Minutes of the Board of County Commissioners Okeechobee County Florida Thursday, July 9, 2009 Regular Session The Board met this date in regular session in the Okeechobee Health Department Auditorium, 1728 NW 9'' Avenue, at 9:00 A.M. PRESENT: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton ABSENT: None STAFF: Lyndon L. Bonner, Deputy County Administrator Robbie L. Chartier, Deputy County Administrator Jim Threewits, County Attorney John D Cassels Jr., Planning and Development Director Bill Royce and Deputy Clerk Paula Poskon. I. Commencement Chairman Betts called the meeting to order. Reverend Paul Jackson, Sr. offered the invocation, after which City Mayor James Kirk led the Pledge of Allegiance. Okeechobee City Mayor James E. Kirk convened the public workshop with all City Council Members: Dowling R. Watford, Jr., Lowry Markham, Clayton Williams, Mike O Connor, City Administrator Brian Whitehall, City Attorney John R. Cook and City Clerk Lane Gamiotea. II. Revisions No revisions were proposed for the agenda III. Public Comments Chairman Betts opened the floor to public comments. Attorney Elizabeth Maxwell read a letter from the Economic Council to the Board of County Commissioners and City Council in support of the temporary suspension of the impact fees. IV. Agenda 1. Consent Agenda (Items Ia.-lc.): a. Approval of Minutes from the June 23, 2009 Regular Session. b. Approval of Warrant List # 13. c. Emergency Management Performance Assistance Base Grant agreement to increase amendment in the amount of $30,117.00, for a total amount of $128,843.00, this includes the current amount of $98,726.00. Commissioner Ray Domer moved, seconded by Commissioner Noel Chandler, to approve the consent agenda (including items 1 a.-1 c.) Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 1 of 11 Board of County Commissioners Okeechobee County, Florida 1111V 0, M09 Okeechobee Countv, Florida 9:08:23 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. 2. Public Hearings: a. 9:00 a.m. Joint Public Workshop to discuss the implementation of the Emergency Medical Services Special Assessment Program between the County Commission and the City Council. County Administrator Bonner convened the joint public workshop. Lee Evett, Vice President of Willdan Financial Services gave a presentation regarding the implementation of the proposed Emergency Medical Services/Ambulance Special Assessment program with the City Council and the Board of County Commissioners. 9:21:57 AM Heather Encinosa, legal council with Nabors, Giblin and Nickerson was recognized. Ms. Encinosa answered questions from City Council and the Board of County Commissioners. 9:22:05 AM Lee Evett led a discussion with the Board on how this program works. 9:46:02 AM Fire Rescue Director Nick Hopkins led a discussion and explained the costs to the City and County The Board of County Commissioners and the City Council had questions regarding fees and assessments. 9:33:17 AM Heather Encinosa explained the fees. 10:35:18 AM Mack Worley was recognized. Mr. Worley addressed the board regarding the assessment and property based service. He gave his opposing comments toward the program. The City will hold its public hearing for the first reading of EMS Consent Ordinance on July 21, 2009, a second reading to adopt EMS Consent Ordinance will be August 4, 2009. The County will hold their public hearing to adopt EMS Ordinance and adoption of EMS Initial Rate Resolution on July 23, 2009 at 9:00 am. The County will hold a community EMS workshop on September 3, 2009 at 5:30 pm and the final Public Hearing to adopt the Rate Resolution on September 10, 2009 at 5:01 pm. The City Council adjourned. b. Letter Agreement with Affiliated Computer ServiceS(ACS) Enterprise Solutions Deputy Administrator Chartier addressed the Board regarding the Letter of Agreement between Okeechobee County and ACS Enterprise Solutions. Ms. Chartier explained that it covers many essential functions on the County's behalf, such as creating or adding programming at an estimated cost of $1,275.00, creating, producing. and mailing 2009 acceccment nnt;rnc to Sharon Robertson Clif Betts, Jr., Chairmanv`-vvV `v Clerk of the Board of County Commissioners 2 of 1 1 Board of County Commissioners Okeechobee County, Florida Jul 9, 2009 Okeechobee Coun , Florida property owners affected by changes to fire assessment, residential solid waste assessment and proposed Emergency Management Services assessment, at an estimated cost of $11,175.00 and postage costs, for an estimated 15,000 pieces of mail, at an estimated cost of $5,025.00 for a total cost of $17,475.00. Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to take the requested action of $17, 475.00 for the collection of assessments and to authorize the Chairman to sign and execute the attached Letter of Agreement between Okeechobee County Board of County Commissioners and ACS Enterprise Solutions for costs associated with production of a first class notice affecting property owners within our special assessment programs. 11:04:05 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. c. Public Hearing -Petition R-2009-0680-request fora change in zoning from Agriculture (A) to Residential Single Family (RSF). Stuart Ledis applicant. Planning and Development Director Bill Royce addressed the Board regarding a request to change the zoning for 13183 Highway 441 SE, from Agriculture (A) to the proposed classification of Residential Single Family (RSF). Mr. Royce stated that the Planning Board recommended by a vote of four (4) to two (2) that the Board of County Commissioners grant the request. Chairman Betts opened the public hearing to accept input from interested parties Attorney Devin Maxwell was recognized. Mr. Maxwell addressed the Board on behalf of Mr. Ledis regarding all three (3) applications. 11:16:37 AM Dorothy Scopelitis was recognized. Ms. Scopelitis addressed the Board in opposition to this request. 11:17:53 AM James Scopelitis was recognized. Mr. Scopelitis also addressed the Board in opposition to this request. 11:18:47 AM Mr. George George was recognized. Mr. George is opposed to the commercial request. Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, to close the public hearing. 11:20:10 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Joey Hoover moved, seconded by Commissioner Noel Chandler, to grant the request for a change in zoning from the existing classification of Agriculture (A) to Residential Single Family (RSF) on Petition R 2009-0680. 11:23:48 AM Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 3 of 11 Board of County Commissioners Okeechobee County, Florida July 9, 2009 Okeechobee Count , Florida The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. d. Public Hearing Petition R-2009-0681-request fora change in zoning from Agriculture (A) to Residential Single Family (RSF) Stuart Ledis applicant Planning and Development Director Bill Royce addressed the Board regarding the request to conduct a public hearing and grant the request for a change in zoning at 12201 Highway 441 SE, from the existing classification of Agriculture (A) to the proposed classification of Residential Single Family (RSF). Mr. Royce stated the Planning Board unanimously recommended that the Board of County Commissioners grant the request. Chairman Betts opened the public hearing to accept input from interested parties. Attorney Devin Maxwell incorporated his previous comments. Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to close the public hearing. 11:26:09 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Domer questioned the right-of-ways in the county. Commissioner Margaret Garrard Helton moved, seconded by Commissioner Joey Hoover, to grant the request for a change in zoning from the existing classification of Agriculture (A) to Residential Single Family (RSF). 11:29:46 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. e. Public Hearing -Petition 2009-0682-request for a change in zoning from Agriculture (A) to Neighborhood Commercial 2 (NC-2) Stuart Ledis applicant Planning and Development Director Bill Royce addressed the Board regarding a request to grant the request for a change in zoning for 12201 Highway 441 SE, from Agriculture (A) to Neighborhood Commercial-2 (NC-2). Mr. Royce stated the Planning Board unanimously recommended that the Board of County Commissioners deny the request. Chairman Betts opened the public hearing to accept input from interested parties. Mr. George George, stood before the Board in opposition to the request. Mr. George asked the Board to deny the request. Attorney Devin Maxwell stated the property owner, Mr. Ledis, has been working on this issue for a number of years. Mr. Ledis was not present at the meeting. Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 4 of 11 Board of County Commissioners Okeechobee County, Florida Julv 9, 2009 Okeechobee Count , Florida Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to close the public hearing. 11:35:34 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Margaret Garrard Helton moved, seconded by Commissioner Noel Chandler, to deny the request for a change in zoning from Agriculture (A) to Neighborhood Commercial-2 (NC-2). 11:36:38 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. f. Public Hearing -Petition 2009-0683-request for a change in zoning from Agriculture (A) to Heavy Industrial (1-2) -Phillip Y. Berger, applicant Planning and Development Director Bill Royce addressed the Board regarding a request to grant the request for a change in zoning for 9555 NE 128th Avenue, from the existing classification of Agriculture (A) to the proposed classification of Heavy Industrial (1-2). Mr. Royce stated that the Planning Board unanimously recommended that the Board of County Commissioners grant the request. Chairman Betts opened the public hearing to accept input from interested parties. 11:38:14 AM Phillip Berger was recognized. Mr. Berger addressed the Board regarding the request. Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, close the public hearing. 11:38:39 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Betts recommended the request be granted. Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, as recommended by the Chairman to grant the request for a change in zoning from Agriculture (A) to Heavy Industrial (1-2). 11:39:24 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. g. Public Hearing -Petition B-2009-0049-request to vacate Old Florida Ranch Subdivision Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 5 of I 1 Board of County Commissioners Okeechobee County, Florida July 9, 2009 Okeechobee County, Florida Planning and Development Director Bill Royce addressed the Board regarding a request to conduct a public hearing and adopt Resolution 2009-36 to vacate the plat of Old Florida Ranch Subdivision returning all land within the boundary of the plat to acreage. Chairman Betts opened the public hearing to accept input from interested parties. Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, to close the public hearing. 11:41:48 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Joey Hoover moved, seconded by Commissioner Margaret Garrard Helton, to adopt Resolution 2009-36 to vacate Old Florida Ranch Subdivision. 11:45:15 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. 3. General Business: a. Petition B-2009-0050 — Request that the County abandon a portion of a platted alley right-of- way in Connors Highlands Subdivision Planning and Development Director Bill Royce requested the Board consider Petition B-2009- 0050, to abandon all of the 15 ft. of a platted alley right-of-way in Block 26 of Connors Highlands subdivision. Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, to allow Planning and Development to advertise for the abandonment and the north side. 11:48:14 AM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. b. Petition P-2005-0007 — Request for renewal of contract for construction of required improvements for Thoroughbred Estates Subdivision Planning and Development Director Bill Royce addressed the Board with a request to approve and authorize the Chairman to execute a renewal of the contract for construction of required improvements for Thoroughbred Estates subdivision. Commissioner Hoover felt this item should have been pulled from the agenda due to some differences between all parties. Mr. Hoover requests a short time extension to work out the issues. County Attorney Cassels led a discussion regarding the issue. Mr. Cassels prepared an amendment to the contract. Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 6 of 11 Board of County Commissioners Okeechobee -CounLy, Florida Jul 9, 2009 Okeechobee County, Florida 12:00:42 PM Attorney Robert Crane who represents the developer of Thoroughbred Estates was recognized. Mr. Crane addressed the Board regarding his client's property. 12:04:58 PM Commissioner Hoover asked Planning and Development Director Bill Royce how long it would take to vacate the plat. 12:05:08 PM Planning and Development Director Bill Royce answered questions regarding the procedures and length of time. 12:12:49 PM Haynes Williams was recognized. Mr. Williams addressed the Board regarding the right-of-way on his property and the documents. 12:31:42 PM Attorney Crane readdressed Thoroughbred Estates subdivision plat. 12:35:55 PM Commissioner Hoover stated he is in opposition this issue. 12:39:24 PM County Attorney recommended the county's Land Development Regulations are reviewed. Commissioner Margaret Garrard Helton moved, seconded by Commissioner Joey Hoover, to approve the extension of a contract and bond in accordance with the draft that Attorney Cassels proposed with the amendment be six (6) months rather than two (2) years. (The amendment states twenty three (23) months). 12:46:34 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. c. Parks and Recreation Master Plan Approval/Adoption David Barth with Glatting Jackson was recognized by the Board, with a request to approve and adopt the Parks and Recreation Master Plan submitted by Glatting Jackson Kercher Anglin as the final document to guide the vision for future parks and recreation needs in Okeechobee County. Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to approve and adopt the Parks and Recreation Master Plan submitted by Glatting Jackson Kercher Anglin, subject to timely review and updating, and the County's Comprehensive Plan be updated to reflect the new direction, and embedded with the language necessary to support the elements of the Parks and Recreational Master Plan, and we actively seek other governmental agencies and private recreational providers whenever possible to implement incremental portions of the plan as best interest of the public. 1:09:48 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. d. Establish Florida Department Of Transportation (FDOT) priorities to be included into the five (5) year work program for FY 2011-2015 Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners % of 11 Board of County Commissioners Okeechobee County, Florida JUIV 9, 7009 Okeechobee Coun , Florida Deputy Administrator Jim Threewits addressed the Board with a request to establish a priority list of the FDOT project(s) for fiscal year 2011-2015. Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to keep the priority list for FY 2011-2015 for FDOT's projects in the five (5) year work program in Okeechobee County being the 70 east project, the main intersection, 710 project, and $200,000.00 for intersection improvements. 1:16:37 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. e. Okeechobee County vs. O Town Properties LLC et al County Attorney John Cassels addressed the Board regarding the foreclosure of O Town Properties, LLC et al. Mr. Cassels does not recommend acceptance of the deed by the County. 1:31:25 PM Marty Lauder an ex banker at Wells Fargo addressed the Board on behalf of Mr. Butler, stating he did try to get financing for the O Town Properties, LLC. 1:20:18 PM Sylvester Butler was recognized. Mr. Butler addressed the Board regarding this deed offer. County Attorney Cassels led a discussion regarding the money that was involved in the purchase of the property and the sale of the property. Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, not to accept the deed in lieu of foreclosure for O Town Properties, LLC for $150,000.00. 1:42:13 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. f. Budget Discussion County Administrator Bonner and Deputy Administrator Chartier led a discussion on budget cuts. The first budget workshop will be July 29, 2009 from 9am to 5am. Mr. Bonner felt they should lower taxes. 2:01:44 PM Chairman Betts suggested the suspension of the impact fees for a period of six (6) months, and get the commercial buildings on the books to collect taxes for the next forty (40) or fifty (50) years as opposed to the collection impact fees. County Attorney Cassels recommended the Board give approval to go forward with making a proposal on impact fees. There was further discussion regarding impact fees. Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to schedule a public hearing, and to move forward to prepare an Ordinance to suspend impact fees. Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 8 of 11 Board of County Commissioners Okeechobee County, Florida Jul 9, 2009 Okeechobee County, Florida 2:28:5.1 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler and Commissioner Margaret Garrard Helton. NOES: Commissioner Joey Hoover and Commissioner Ray Domer. ABSENT: None. ABSTAIN: None. 2:29:24 PM Okeechobee County Sheriff Paul May addressed the Board regarding apportionment questions on his budget. Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to use the apportionment method to work on the budget. 2:41:14 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. 4. Staff Reports: a. County Administrator Bonner discussed the Broadband Initiative Stimulus Proposals Ms. Lynn Topel with Florida Highlands Rural Economic Development Initiative (FHREDI) was recognized. Ms. Topel addressed the Board regarding the Broadband Initiative Proposals. Ms Topel requested to approve the Broadband Initiative. The deadline for the grant application is August 14, 2009. Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to approve the Board of County Commissioners to elect to participate with FHREDI and Rural Area Critical Economic Concern Grant submitted for the Broadband Initiative. 2:47:48 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Ms. Topel readdressed the Board regarding the Broadband. The funding has to be used within two (2) years. Non Agenda Item(s): 710 Extension Project with FDOT County Administrator Bonner reported that the 710 extension project negotiations between FDOT and property owners have been satisfied. Big P Grant for Okee Tantie Campground & Marina County Administrator Bonner discussed an opportunity to apply for a grant for Okee Tantie Campground & Marina for boating improvements. Mr. Bonner requested permission to go over his $10,000.00 spending limit to pursue the Boating Improvement Grant. (BIG) Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 9 of I I Board of County Commissioners Okeechobee County, Florida 1111V 9, 2009 Okeechobee County, Florida Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to allow Administrator Bonner spend up to $10,000.00 to apply for the Boating Improvement Grant. 2:58:30 PM The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None. Administrator Bonner reported on the following items: Fixed Based Operator is not in compliance, received an update on the injection well and reported on SFWMD compliance issues at the Agri -Civic Center. V. Adiourned There being no further business or discussion, the meeting was adjourned. Sharon Robertson Clerk, Board of County Commissioners By: Paula Poskon Sharon Robertson Clif Betts, Jr., Chairman Clerk of the Board of County Commissioners 10 of 11 Board of County Commissioners Okeechobee County, Florida July 9, 2009 Okeechobee County, Florida BOARD OF COUNTY COMMISSIONERS 312 NW 3RD STREET OKEECHOBEE, FLORIDA 863-763-6441 863-763-9529 Fax AGENDA JULY 9, 2009 9:00 a.m. MEETING LOCATION OKEECHOBEE COUNTY HEALTH DEPARTMENT AUDITORIUM 1728 NW 9TH AVENUE, OKEECHOBEE, FLORIDA CLIF BETTS, JR. — CHAIRMAN NOEL CHANDLER — 1 ST VICE CHAIR RAY DOMER JOEY HOOVER MARGARET GARRARD HELTON Lyndon L. Bonner County Administrator BUSINESS Public Comment John D. Cassels, Jr. County Attorney Consent Agenda: Recommend that the BOCC approve the consent agenda as presented. a. Approval of Minutes — June 23, 2009 Regular Session — Kim Jackson b. Approval of Warrants — Gary Moorman C. EMPA Base Grant Agreement Increase — Mike Faulkner 2. Public Hearings/Time Certains: a. 9:00 a.m. Joint Public Workshop to Discuss the Implementation of the Emergency Medical Services Special Assessment Program — Lyndon L. Bonner b. Letter Agreement with ACS Enterprise Solutions — Robbie Chartier C. 9:00 a.m. Public Hearing — Petition R-2009-0680 — Request for a Change in Zoning from Agriculture (A) to Residential Single Family (RSF) — Stuart Ledis, Applicant — Bill Royce d. 9:00 a.m. Public Hearing — Petition R-2009-0681 — Request for a Change in Zoning from Agriculture (A) to Residential Single Family (RSF) — Stuart Ledis, Applicant — Bill Royce e. 9:00 a.m. Public Hearing — Petition R-2009-0682 — Request for a Change in Zoning from Agriculture (A) to Neighborhood Commercial-2 (NC-2) — Stuart Ledis, Applicant — Bill Royce f. 9:00 a.m. Public Hearing — Petition R-2009-0683 — Request for a Change in Zoning from Agriculture (A) to Heavy Industrial (1-2) — Phillip Y. Berger, Applicant — Bill Royce g. 9:00 a.m. Public Hearing — Petition B-2009-0049 — Request to Vacate Old Florida Ranch Subdivision — Bill Royce 3. General Business: a. Petition B-2009-0050 — Request that the County Abandon a Portion of a Platted Alley Right -of -Way in Connors Highlands Subdivision — Bill Royce b. Petition P-2005-0007 — Request for Renewal of Contract for Construction of Required Improvements for Thoroughbred Estates Subdivision — Bill Royce C. Parks and Recreation Master Plan Approval/Adoption — Darrell Enfinger d. Establish FDOT Priorities to be Included into the Five -Year Work Program for FY 2011-2015 — Jim Threewits e. Okeechobee County vs. O Town Properties, LLC, et al — John Cassels f. Budget Workshop for Proposed FY 2009-2010 — Robbie Chartier Budget Discussion — Lyndon L. Bonner 4. Staff Reports: a. Broadband Initiative Stimulus Proposals — Lyndon L. Bonner 5. Commissioner Reports: Any person deciding to appeal any decision by the BOCC with respect to any matter considered at this meeting or hearing will need to ensure that verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based.