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2009-07-21
CITY OF OKEECHOBEE JULY 21) 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 II AGENDA III COUNCIL ACTION DISCUSSION -VOTE I. CALL TO ORDER - Mayor: July 21, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. 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 Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of August 2009 as "Firefighter Appreciation Month." Mayor Kirk called the July 21, 2009 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Reverend Jackson, International Prayer Warriors for Christ; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk read the following proclamation in its entirety: "WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern forthe welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past forty-five years in the fight against neuromuscular diseases; and WHEREAS, firefighters statewide and nationally collected more than $26 million dollars in 2008 to support MDA's lifesaving research, again making them MDA's largestsource of funding; and WHEREAS, the Muscular DystrophyAssociation is extremely grateful to the City of Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Okeechobee JULY 21, 2009 - REGULAR MEETING - PAGE 2 OF 11 313 �I AGENDA.' COUNCIL ACTION -DISCUSSION -VOTE IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of August 2009 as "Firefighter Appreciation Month" continued. B. Present a 20-Year Service Award to Lane Gamiotea. C. Present a 15-Year Service Award to Glenn Hodges. (Continued from page one) Fire Fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, itis appropriate forall City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of August 2009 as "City of Okeechobee Fire Fighter Appreciation Month"and commend City of Okeechobee Fire Fighters fortheirefforts on behalf of the Muscular Dystrophy Association. " The proclamation was presented to County Firefighter Karl Holtkamp and City Assistant Fire Chief Billy Douglas. Mrs. Lane Gamiotea graciously accepted an engraved plaque and a longevity service bonus check, in the amount of two hundred fifty dollars, from Mayor Kirk, in recognition of completing 20-years of service to the City. Assistant Fire Chief Douglas graciously accepted, on behalf of Mr. Glen Hodges, a Longevity Service Certificate and an engraved mantel clock, from Mayor Kirk, in recognition of completing 15-years of service to the City. D. Present a Certificate of Appreciation to Marsha Montesi for 20- Mrs. Montesi graciously accepted, a Certificate of Appreciation, from Mayor Kirk, which read, "Office of the Mayor, City Years of Service on the Code Enforcement Board. of Okeechobee, Florida, Extends this Expression of Appreciation to Marsha Montesi. In Recognition of her Service to the Community. The City and Your Fellow Citizens have Benehtted Greatly by your unselfish dedication in the performance of your duties as Member of the Code Enforcement Board, April 30, 1989 to June 30, 2009." E. Present a Certificate of Appreciation to Allison Murphy for Service Ms. Murphy graciously accepted a Certificate of Appreciation, from Mayor Kirk, which read "Office of the Mayor, City on the Code Enforcement Board. of Okeechobee, Florida, Extends this Expression of Appreciation to Allison Murphy In Recognition of her Service to the Community. In the Performance of your Duties as Member of the Code Enforcement Board April 7, 2009 to June 29, 2009." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the June 2, 2009 City Council Regular Meeting. III June 2, 2009 City Council Regular Meeting; seconded by Council Member O'Connor. There was no discussion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 314 JULY 21, 2009 - REGULAR MEETING - PAGE 3 OF 11 ..,F; .: .�. .._.. � _ -. r. ,.:AGENDA........ : ,. ,: k�� . , , . :. .:. ... ..... CQUNCiLAGT ON...DiSCUS VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May and June 2009 Warrant Registers: May 2009 General Fund ................................ $328,125.39 Public Facilitates Improvement Fund ............... $18,803.58 June 2009 General Fund ................................ $383,799.21 Public Facilitates Improvement Fund ............... $16,673.68 VII. AGENDA - Mayor. Council Member Watford moved to approve the May 2009 Warrant Register in the amounts: General Fund three hundred twenty-eight thousand, one hundred twenty-five dollars and thirty-nine cents ($328,125.39); Public Facilities Improvement Fund, eighteen thousand, eight hundred three dollars and fifty-eight cents ($18,803.58); and the June 2009 Warrant Register in the amounts: General Fund, three hundred eighty-three thousand, seven hundred ninety- nine dollars and twenty-one cents ($383,799.21); Public Facilities Improvement Fund, sixteen thousand, six hundred seventy-three dollars and sixty-eight cents ($16,673.68); seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. Vill. NEW BUSINESS. New Business Item E was withdrawn. A.1. a) Motion to read by title only, and set August 4, 2009 as a final public Council Member Watford moved to read by title only, and set August 4, 2009 as a final public hearing date for hearing date for proposed Ordinance No. 1046 regarding the proposed Ordinance No. 1046 regarding the Emergency Medical Services Tax Assessment; seconded by Council Emergency Medical Services Tax Assessment - City Attorney Member Williams. (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. IIII VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance no. 1046 by title only. Attorney Cook read proposed Ordinance No. 1046 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; REQUESTING AND CONSENTING TO THEINCLUSIONOFALL OF CITY WITHINAN AREA DESIGNATED BYOKEECHOBEECOUNTYTO PROVIDEEMERGENCYMEDICAL SERVICES; PROVIDING FOR ANNUAL RENEWAL OF SUCH REQUEST AND CONSENT, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." 315 .JuLY 21, 2009 -REGULAR MEETING -PAGE 4 of 11 AGENDA" .. COUNCIL ACTION "DISCUSSION, -VOTE VIII. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No.1046; seconded by Council 1046. Member Williams. b) Discussion. Mayor Kirk yielded the floor to Mr. Lee Evett, Vice President, of Willdan Financial Services, who is the consultant group hired by the County to advise them on the EMS Special Assessment. The following information was presented in Mr. Evett's power point presentation: What is an Assessment? An assessment is an annual charge against property. EMS assessments are calculated through a benefit analysis to determine an appropriate rate for different property types. Assessments reflect the special and peculiar benefit received by property from a particular service, such as EMS. Why An Assessment Program? Assessments are not based on property value, ownership or use. EMS assessments based on benefit analysis -Historic service demands by property type -Current cost of EMS service demand by individual parcels -Everyone pays theirfair share. Stable dedicated revenue stream. Assessments onlyfund authorized services. EMS Assessment Revenue. Can fund: Emergency medical services, ambulance transport services, EMS equipment. 9 Y p Administration costs related to EMS service. Cannot fund: fire protection services. EMS Assessment Provisions. Total assessment equal or less than cost of authorized services. Assessments based on special and peculiar benefit to properties. Costs must be fairly and reasonably apportioned. What Does a Benefit Analysis Provide? Derives historical demand for EMS services by property type -EMS call value. Equitably apportionment of costs to properties. Call Data. 7,998 EMS calls received from 2007-2008.1,325 of these EMS calls are non -property related. 6,673 EMS calls relate to specific property types: Residential 5,224; Hotel/Motel/RV Parks 38; Commercial 1,393; Industrial/Warehouse 18. (Note: there was not a separation of whether they were in the City or County) EMS Assessment Costs. Fiscal Year 2009-10 EMS (proposed) Budget $1,795,133.00. Benefit Analysis. Historical call data utilized to calculate budget allocation amongst property types. Property Category No. of EMS Incidents % of Incidents Budget Allocation V Year Residential Properties 5,224 65.3% $1,177,488.00 16 JULY 21, 2009 - REGULAR MEETING - PAGE 5 of 11 �s AGENDA_-:_; <. -" :.:.:..=` =. COUNCI ACTION = DISCUSSIO =V "-OTE.:. Vill. NEW BUSINESS CONTINUED. Hotel/Motel/RV Parks 38 0.5% $ 7,024.00 A. 2. b) Discussion continued. Commercial Properties 1,393 17.4% $ 312,690.00 Properties 18 0.2% $ 4,035.00 Non -property related incidents ,,Industrial 1,325 16.6% $ 293,896.00 Total 7,998 100.0% $1,795,133.00 City and County Total Assessments. Non -Property related costs are not assessed. Budget Allocation Less Gov't City Portion County Portion Property Category 1' Year Properties V Year 1' Year Residential Properties $1,177,488.00 $ 1,554.00 $150,146.00 $1,025,788.00 Hotel/Motel/RV Parks $ 7,024.00 $ 542.00 $ 222.00 $ 6,260.00 Commercial Properties $ 312,690.00 $51,419.00 $108,846.00 $ 154,425.00 Industrial Properties $ 4,035.00 $ 196.00 $ 1,023.00 $ 2,816.00 Non -property related incidents $ 293,896.00 0.00 $ 0.00 $ 0.00 Total $1,795,133.00 $53,711.00 $260,237.00 $1,189,289.00 Draft FY 09/10 EMS Assessment Rates. Residential and Hotel/RV Park Rates. Property Use Category Multiplier Rate Revenue Residential Properties Per Dwelling Unit $74.00 $1,177,488.00 Hotel/Motel/RV Parks Per Room/Space $ 2.00 $ 7,024.00 Rate Revenue Rate Revenue Non -Residential by S.F. Commercial Industrial/Warehouse <1000 Per Building $ 39.00 $ 4,719.00 $ 1.00 $ 53.00 1,001-2,500 Per Building $ 77.00 $ 20,251.00 $ 2.00 $ 318.00 2,501-5,000 Per Building $ 193.00 $ 43,425.00 $ 6.00 $ 774.00 5,001-10,000 Per Building $ 385.00 $ 74,690.00 $ 12.00 $1,032.00 10,001-20000 Per Building $ 771.00 $ 47,802.00 $ 23.00 $ 828.00 20,001-40,000 Per Building $ 1,542.00 $ 60,138.00 $ 47.00 $ 658.00 40,001-60,000 Per Building $ 3,083.00 $ 18,498.00 $ 93.00 $ 372.00 60,001-80,000 Per Building $ 4,625.00 $ 23,125.00 $140.00 $ 0.00 80,001-100,000 Per Building $ 6,167.00 $ 0.00 $186.00 $ 0.00 100,001-120,000 Per Building $ 7,709.00 $ 0.00 $233.00 $ 0.00 120,001-140,000 Per Building $ 9,250.00 $ 9,250.00 $279.00 $ 0.00 >140,000 Per Building $10,792.00 10 792.00 $326.00 0.00 Sub -Total $312,690.00 $4,035.00 317 JULY 21, 2009 - REGULAR MEETING - PAGE 6 OF 11 VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Mayor Kirk opened the floor to hear from the public. Mr. Gil Culbreth, Mr. Pete Gawda, Pastor Randy Huckabee, Mr. Jim Vensel, Mr. Bill Casian, Mr. J.D. Mixon, Ms. Marnie Lauter and Mr. Jamie Gamiotea asked various questions that were responded to by Mr. Evett, or County Staff, (in attendance) County Administrator Lyndon Bonner, both Assistant County Administrators, Robbie Chartier and Jim Threewits as well as County Fire Chief Nick Hopkins. Most of the questions and comments centered around property owners already being taxed to the maximum, that the fairness was not seen nor understood since non-profit and churches who are normally tax exempt will be made to pay as well as the hospital. What about people who live in other counties, but work in Okeechobee, where do they fit into the formula to pay their share? What about the City residents who live close to town and have less drive time, meaning less fuel used but paying the same as residences that live at the County line? When asked how often will the assessment information for basing the formula be reviewed? Mr. Evett replied, they recommend every three to five years, however, it is up to the governmental agency. The types of property where EMS calls are made to can change; the concern was based on last years information, the majority of the calls were made to residences. However, next year the majority could be made to commercial, industrial and hotels, which are paying a lower amount due to the lower call volume history. Another comment was, buildings do not generate a need for EMS, people do. So where was the fairness in imposing a tax on property that did not contain people on it? Another point on the fairness topic was noted: that property owners will be paying their share on the home owners tax bill and again on their business tax bill, then should they belong to a church, their church will be charged as well, causing them to basically pay for EMS service three times. Pastor Huckabee, requested that the Council take into consideration just how great an effect this will have on churches, who are not in the business of making a profit. He asked that they make an effort to really give the community and staff time to research this matter. It was also asked, should the assessment go into effect, and the property owner pays it, will they still get a bill from EMS for an ambulance to transport them to the hospital? Mr. Evett answered yes. Mr. Evett noted most of the questions were taken into consideration within the assessment formula. He also clarified, when the City and County adopt the ordinances, allowing the assessment, does not mean the rates will be implemented immediately. The final step will be for the BOCC to adopt the Rate Resolution at a public hearing, which requires notices to be mailed to each property owner 20 days in advance, listing the amount of the assessment, along with the date and time of the BOCC public hearing. 318 JULY 21, 2009 - REGULAR MEETING - PAGE 7 OF 11 Vill. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. DISCUSSION ..COTE The discussion then moved toward the County's budget crises and the plight of the host fees the County receives from the landfill, which is used to subsidize their budget revenue. Mr. Bonner noted: the money is not going to be there much longer. Mayor Kirk asked, is it there now? Mr. Bonner replied yes. Council Member Markham questioned the documentation from the County regarding the current numberof employee's and their salaries, specifically noting that some of the salaries were not listed, such as the Assistant Chief and Chief. He also questioned the fact that employee's will be hired and the facility will have to be expanded to house the additional personnel which all would be paid by the assessment, as well as the costs to complete the study and the attorney's fees. Adding that, "I am trying to justify all this in my mind, the amount of money you think you have to have to run this service, I am having a hard time trying to justify it to my tax payers to bear these costs." The numberof parcels that were figured into the entire formula was discussed. Again, the numberof City parcels were not separated out. The Council requested a breakdown of parcels so that the number of City parcels could be identified. County Staff will need to provide this information prior to the August 4 meeting. Council Member Watford added, we have time constraints regarding the adoption of this, which puts the City in an awkward position. He asked whether City Staff has looked at other directions the City could go? Administrator Whitehall responded that there is not sufficient time, with the amount of research that would need to be done. However, the City could agree to the assessment for one year only, giving Staff time to research this. The City just needs to notify the County prior to May 1, 2010, should a more economical method be found. Council Member Watford's final comments were that the commercial, non -profits and churches needed to be withdrawn from the formula and should not pay the assessment so property owners are not paying three times for this service. The time line was reviewed again, on Wednesday, July 29, 2009 at 9:00 a.m., at the County Health Department Auditorium, there will be another Joint Workshop of both the BOCC and City Council to discuss this matter. The City Council will hold their final public hearing on August 4, 2009 at 6 p.m. There will be a public forum on the matter on September 3, 2009 at 5:30 p.m. Council Member Markham moved to postpone the City's final public hearing from August 4 to September 15. Motion died for lack of second. Mayor Kirk thanked the County Staff for attending the meeting and responding to these difficult questions. Chief Hopkins offered to receive phone calls to answer any questions that may come up. 319 JULY 21, 2009 - REGULAR MEETING - PAGE 8 OF 11 AGENDA .: ��� COUNCIL ACTION =.DISCUSSION -VOTE i� VIII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B. Motion to adopt proposed Resolution No. 09-10 regarding Vehicle Impoundment - City Attorney (Exhibit 2). C. Discuss National Day of the American Cowboy to be held July 25, 2009 - Terry Burroughs, Main Street (Exhibit 3). D. Consider a request for permission to place a mobile home on Lot 2 in the Okeechobee Trailer and Fishing Resort, SE e Avenue - Edward L. O'Roke (Exhibit 4) . VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 09-10 regarding Vehicle Impoundment; seconded by Council Member Williams. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 09-10 title as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING RESOLUTION NO.98-13; PROVIDING FOR UPDATING STANDARD OF REVIEW, PROVIDING FOR ADDITIONAL NOTICE TO OWNERS; PROVIDING FOR INNOCENT OWNER DEFENSE, PROVIDING FOR AN EFFECTIVE DATE." KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Terry Burroughs, Treasurer of Okeechobee Main Street, took a moment to apprise the City Council on this years National Day of the American Cowboy Celebration to be held on Saturday, July 25, 2009. Once again, Sheriff May will be leading the cattle drive through the City to the County Agri -Civic Center. He was pleased to announce that National Geographic will be here to film the event this year as well as interview several second and third generation pioneer families. The Mayor and Council thanked Mr. Burroughs for the update and noted what a great job they do each year in coordination with the Cattlemen's Association, the community appreciates their efforts. There was no official action taken on this item, as it was for informational purposes only. Mr. Edward O'Roke addressed the Council by giving a time line of events surrounding his lease of Lot 2 at Okeechobee Trailer and Fishing Resort. This property is an allowable non -conforming use. However, the City building department cannot issue a building permit to allow Mr. O'Roke to have a new single -wide mobile home placed on the property without consent of the property owner. The property owner has not submitted for a permit. There are other issues surrounding the non -conforming uses such as encroachments and set backs that would also have to be dealt with. Administrator Whitehall advised that there is nothing the City can do, until the owner applies for the permit. What can be allowed on the property is a Recreational Vehicle, which Mr. O'Roke does not want. 320 JULY 21, 2009 - REGULAR MEETING - PAGE 9 OF 11 AGENDA,, - ... 000NCIL.ACTION = DISCUSSION = VOTE':. VIII. NEW BUSINESS CONTINUED. D. Consider a request for permission to place a mobile home on Lot 2 The Mayor and Council advised that unless the property owner wants to apply for the building permit, the City's hands in the Okeechobee Trailer and Fishing Resort continued. are tied and they cannot issue a building permit for a mobile home. Only an RV park unit can be placed on the property without the owner applying for the permit. Mr. O'Roke thanked the Council for their time. No official action was taken on this matter. E. Consider a request to permit liquor sales on Sunday - Jim McCoin, III The item, to consider a request to permit liquor sales on Sunday by Jim McCoin, Cowboys, BBQ & Steak Co. was Cowboys, BBQ & Steak Co. (Exhibit 5). withdrawn from the agenda. F. Consider a request by the Economic Council to temporarily suspend Ms. Minton delivered the following letter and asked that it be read into the official record, "The Directors of the and /or reduce City Impact Fees - Tara Minton, Economic Council Economic Council of Okeechobee realize they were instrumental in advocating for the implementation of (Exhibit 6). Impact Fees in Okeechobee. While we continue to recognize the need forlmpact Fees, we wish to express to you our views in lightof the current and sustained downturn of our economy together with recent discussions held both locally in Okeechobee and in other jurisdictions throughout the State of Florida. The Directors of the Economic Council of Okeechobee support the temporary suspension and/or substantial reduction of Impact Fees as currently charged by the City of Okeechobee. As part of our mission to "promote the sound and judicious economic growth of Okeechobee County, Florida, "we feel this effort would encourage growth and support the economic recovery of our community. Please note that a similar letter has been sent to the l Okeechobee Board of County Commissioners. Should you have any questions regarding this matter please' contact the Economic Council of Okeechobee. Signed by Elizabeth A. Maxwell, Chairwoman and Tara M. Minton, Executive Director." There was a discussion between the Council, Ms. Minton and Mr. Mark Brandel (local contractor). The Council noted there were valid reasons to implementthe impactfees, regardless of the economic situation, the reasons are still valid. The County is considering a proposed ordinance to temporarily suspend the fees for six months. Mayor Kirk called for a motion three times, matter died for lack of motion. G. Motion to approve a Declaration of Covenants, Conditions and Council Member Watford moved to approve a Declaration of Covenants, Conditions and Restrictions pertaining to a Restrictions pertaining to a First Baptist Church parking requirement First Baptist Church parking requirement recommendation made by the Technical Review committee on June 18, recommendation made by the Technical Review committee on June 2009; seconded by Council Member O'Connor. The issue of grass parking was briefly discussed and consensus given 18, 2009 - City Attorney (Exhibit 7). to approve it as well. The parking restrictions pertain to Lots 1 to 3 and 10 to 12 of Block 180 and Lots 7 to 10 of Block 182, City of Okeechobee subdivision. 321 JULY 21, 2009 -REGULAR MEETING -PAGE 10 OF 11 . -AGENDA _ = - COUNCILACTION-DISCUSSION'-VOTE; Vill. NEW BUSINESS CONTINUED. G. Motion to approve a Declaration of Covenants, Conditions and VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA Restrictions continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Motion to award a base bid for the City Hall Vertical Lift to Council Member Markham moved to award a base bid for the City Hall Vertical Lift to Southeast Elevator, Inc, in the Southeast Elevator, Inc, in the amount of $18,960.00 and to award amount of eighteen thousand, nine hundred sixty dollars ($18,960.00) and to award the Alternate Bid to Lozano the Alternate Bid to Lozano Builders, LLC in the amount of Builders, LLC in the amount of thirteen thousand, nine hundred ten dollars and forty cents ($13,910.40) for a total bid $13,910.40 for a total bid of $32,870.40 - City Engineer (Exhibit 8). of thirty-two thousand, eight hundred seventy dollars and forty cents ($32,870.40); seconded by Council Member Williams. The bids were let on July 13, 2009 at 1:00 p.m. with the following being received: Company Name Base Bid Alternate Bid Total Bid Southeast Elevator Inc., of Ft. Pierce $18,960.00 $ 0.00 $18,960.00 Excel Elevator Inc., of Naples $19,600.00 $25,340.00 $44,940.00 JSP Builders Inc., of Sebring $26,993.20 $15,312.40 $42305.60 Lozano Builders LLC, of Stuart $ 0.00 $13,910.40 $13,910.40 VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. I. Motion to approve the 2009-2010 Tentative Budget Preparation and Administrator Whitehall distributed a revised Exhibit Nine explaining that he needed two motions rather than just the Millage Calendar - City Administrator (Exhibit 9). calendar. Council Member O'Connor moved to approve the tentative millage rate for advertisement for 2009 tax notices, 7.9634 for Fiscal Year 2009/2010; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the 2009-2010 Tentative Budget Preparation and Millage Calendar; August 18th, 5 p.m., Budget Workshop; September 1 st, 5 p.m., Budget Workshop (if needed); September 15th, 6 p.m., First Budget Public Hearing; September 29th, 6 p.m., Final Budget Hearing; seconded by Council Member O'Connor. 322 DULY 21, 2009 -REGULAR MEETING -PAGE 11 OF 11 AGENDA COUNCIL ACTION -DISCUSSION -VOTE Vill. NEW BUSINESS CONTINUED. I. Motion to approve the 2009-2010 Tentative Budget Preparation and VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA Millage Calendar continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. J. Motion to ratify the appointment of Kevin Barbour to the General Council Member Watford moved to ratify the appointment of Kevin Barbour to the General Employee/OUA Pension Employee/OUA Pension Board, term being 5/12/2009 to 12/31/2009 Board, term beginning May 12, 2009 to December 31, 2009, to replace Jess Manson; seconded by Council Member to replace Jess Manson - City Clerk. Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. K. Consider appointments to the Code Enforcement Board - City Clerk. Two members of the Code Enforcement Board have resigned and currently there was only one application on file. Council Member Watford moved to appoint Mr. Jim Pippin to the Code Enforcement Board, term being July 22, 2009 to April 30, 2010; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:00 p.m. The next regular scheduled meeting is August 4, 2009 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 upoh-which the appeal is to be based. City Clerk media are for the sole purpose of,backup for official records of the Clerk. ATTEST: fames E. Kirk, Mayor Lane amiotea, C C, City Clerk ®NEWSPAPERS OKEECIIOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 0y 107 S.W. 17th Street, Suite D, Okeechobee, Fl-34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, lthat , the attached -copy of advertisement being a_ll�L�� in. the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this i J 7 day of _ ' 4_4 __ 0)Z AD Notary Public, State of Florida at Large -A, NOTARY PUBLIC -STATE 07 77 r^.-) a (863) 763-3134 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the oty Council of the Clty of L obee will meet in Regular Session on Tuesday Juty 21 2009, m. at City Hall, 55 SE 3rd Ave, Rm 200, okeech%L;;, Fonda. The 1 invited and encourraagged to attend. PLEASE TAKE NorT CE AND BE ADVISED that no stenographic reco certified curt reporter will be made of the foregoing meeting. Ac *, any persu who may seek to appeal any decision irwoMng the rs noticed herein will be responsible for making a verbatim record r sumony and evidence at said meeting upon which any appeal is ised. Please contact City Administration at 863-763-3372, or w� ;: s.cityofokeerlx�bzgsom. to obtain a copy of the agenda. In accordancgge with the Americans with Diiasabiliptiaes Ad (ADA) of i uld mntact�nthe Cityal accommodationClerks Office a 863�763 3372 for te in this assistance. r: James E. IOrk, Mayor Lane Gamiotea, CMC, Clty Clerk Angie Br i t es isc�C-ommission #DD7797 S - Y,+Xplxes, APR. ?LI; 2C _ 2 BONDFp T1-IRU ATI,ASi'I1C BONDING CO., 24C CITY OF OKEECHOBEE JULY 21, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - MAYOR: July 21, 2009, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk ,✓ Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams t/ City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of August 2009 as "Firefighter Appreciation Month." B. Present a Twenty -Year Service Award to Lane Gamiotea. JULY 21, 2009 PAGE 2 OF 4 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED - Mayor. C. Present a Fifteen -Year Service Award to Glenn Hodges. D. Present a Certificate of Appreciation to Marsha Montesi for Twenty Years of Service on the Code Enforcement Board. E. Present a Certificate of Appreciation to Allison Murphy for service on the Code Enforcement Board. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 2, 2009 City Council Regular Meeting. VI. WARRANT REGISTER - City Administrator. Q� A. Motion to approve the May 2009 and the June 2009 Warrant Registers. May 2009 General Fund,125.39 $328 Public Facilities Fund $ 18,803.58 June 2009 General Fund $383,799.21 Public Facilities Fund $ 16,673.68 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set August 4, 2009 as a final public hearing date for proposed Ordinance No. 1046 regarding the Emergency Medical Services Tax Assessment - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. ; r. VIII. NEW BUSINESS CONTINUED. A.1.c) City Attorney to read proposed Ordinance No. 1046. B. C. D. E. F. G. 2.a) Motion to approve the first reading of proposed Ordinance No. 1046. b) Discussion. c) Vote on motion. ` Motion to adopt proposed Resolution No. 09-10 regarding Vehicle Impoundment - City Attorney (Exhibit 2). q "v` ? w �t Vtk u U Discuss National Day of the American Cowboy to be held July 25, 2009 - Terry Burroughs, Main Street (Exhibit 3). Consider a request for permission to place a mobile home on L of 2 in the Okeechobee Trailer &Fishing Resort, SE 6'h Avenue -Edward L. O'Roke (Exhibit 4). Consider a request to permit liquor sales on Sunday -Jim McCoin, Cowboys BBQ & Steak Co. (Exhibit 5). waLoTy".— Consider a request by the Economic Council to temporarily suspend and/or reduce City Impact Fees - Tara Minton, Economic Council (Exhibit 6). Motion to approve a Declaration of Covenants, Conditions, and Restrictions pertaining to a First Ba tist Church parking requirement re ommendation made by the Technical Review Committee on June 18, 2009 - Attorney Cook (Exhibit 7). i , Motion to award a base bid for the City Hall Vertical Lift to Southeast Elevator, Inc. in the amount of $18,960.00 and to award an alternate bid for the Vertical Lift Shaft to Lozano Builders, LLC in the amou t of $13,910.40, for a total bid of $32,870.40 - City Engineer (Exhibit 8). Motion to approve the 2009 2 0 en at� ud a Pr �" e 9 eparation and Millage Calendar - City Administrator (Exhibit 9). �e _ e- Motion to ratify the appointment of Kevin Barbour to the G�ne�al Em toVic Manson - Ci CI p yee/OUA Pension Board, term being to 121/2009 to r City Clerk. 1 ' \ U1, eplace Jess W JULY 21, 2009 PAGE 3 OF 4 =�w ��� A/1 DULY 21, 2009 PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. K. Consider appointments to the Code Enforcement Board - City Clerk. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, 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. 7 ZAIJ a, Y GI tc k- \fiM 0-1-�l q aAk9� a -A '41"'C-1-4e 4/�) - �61-1 a--5- 124 796 tf/l OX 0--- X,b- F ful 4�4 d-c- IVA d�L4 oAtIJ-,- 6 cz k I - C/G c-- AV t�a� CITY OF OKEECHOBEE JULY 21, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - MAYOR: July 21, 2009, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. 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 Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of August 2009 as "Firefighter Appreciation Month." B. Present a Twenty -Year Service Award to Lane Gamiotea. JULY 21, 2009 PAGE 2 OF 4 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED - Mayor. C. Present a Fifteen -Year Service Award to Glenn Hodges. D. Present a Certificate of Appreciation to Marsha Montesi for Twenty Years of Service on the Code Enforcement Board. E. Present a Certificate of Appreciation to Allison Murphy for service on the Code Enforcement Board. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 2, 2009 City Council Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2009 and the June 2009 Warrant Registers. May 2009 General Fund $328,125.39 Public Facilities Fund $ 18,803.58 June 2009 General Fund $383,799.21 Public Facilities Fund $ 16,673.68 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. NEW BUSINESS. A.1.a) Motion to read by title only and set August 4, 2009 as a final public hearing date for proposed Ordinance No. 1046 regarding the Emergency Medical Services Tax Assessment - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. JULy 21, 2009 PAGE 3 OF 4 Vill. NEW BUSINESS CONTINUED. A.1.c) City Attorney to read proposed Ordinance No. 1046. 2.a) Motion to approve the first reading of proposed Ordinance No.1046. b) Discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 09-10 regarding Vehicle Impoundment - City Attorney (Exhibit 2). C. Discuss National Day of the American Cowboy to be held July 25, 2009 - Terry Burroughs, Main Street (Exhibit 3). D. Consider a request for permission to place a mobile home on Lot 2 in the Okeechobee Trailer & Fishing Resort, SE 6th Avenue - Edward L. O'Roke (Exhibit 4). E. Consider a request to permit liquor sales on Sunday - Jim McCoin, Cowboys BBQ & Steak Co. (Exhibit 5). F. Consider a request by the Economic Council to temporarily suspend and/or reduce City Impact Fees - Tara Minton, Economic Council (Exhibit 6). G. Motion to approve a Declaration of Covenants, Conditions, and Restrictions pertaining to a First Baptist Church parking requirement recommendation made by the Technical Review Committee on June 18, 2009 - Attorney Cook (Exhibit 7). H. Motion to award a base bid for the City Hall Vertical Lift to Southeast Elevator, Inc. in the amount of $18,960.00 and to award an alternate bid for the Vertical Lift Shaft to Lozano Builders, LLC in the amount of $13,910.40, for a total bid of $32,870.40 - City Engineer (Exhibit 8). Motion to approve the 2009-2010 Tentative Budget Preparation and Millage Calendar - City Administrator (Exhibit 9). J. Motion to ratify the appointment of Kevin Barbour to the General Employee/OUA Pension Board, term being 5/12/2009 to 12/31/2009 to replace Jess Manson - City Clerk. JULY 21.2009 PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. K. Consider appointments to the Code Enforcement Board - City Clerk. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, 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. 4 t 4 of 3r. it :- i- Asp 4 Kali sR Office of the Mayor ter.: Okeechobee, Florida �a w w f�t,REAS, fighting fires is one of the most hazardous professions, requiring physical strength, stat'ia, extensive training, courage, and self-concem for the welfare of our citizens; and y HEREAS, in addition to their daily service to communities Fire Fighters throughout the state .and.acrflss the nation have joined the Muscular Dystrophy Association for the past forty-five years'in'the'fight against neuromuscular diseases; and WHEREAS, firefighters statewide and nationally collected more than $26 million dollars in 2008 to support MDA's life saving research, again making them MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Okeechobee Fire Fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminar: at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy in this tribute to our Fire Fighters. f NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of August 2009 as "City of Okeechobee fire Fighter F Appreciation Month" and commend City of Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. In Appreciation for Your 15-Years of 1�ard York and Dedication with 4e City of Okeeckobee June 17, 1994 tkrougk June 17, 2009 Service is tine li f e%lood of any organization. Qverytkng flows from it and is nourAed by it. Tire City and Your f::ellovv Citizens nave -Penef itted Greatly 6y Your Performance. Presented tkis 21st day of J u1y, 200Q dtaxes te, Major blows Ganetois �GRG, Gfty Isr1e (94ffwA eitv o Uf#eedW", 9&Wda Extendei tfib &xpwoun of apnwxiatum to R.A, Ifl. �& MO Jtt ` WtWon of Ice* Smike tame {'wwumitg .1 fie and *m .!e tow euizem f mw :13ene Wkd qcea4 Btu Vom umegiA Dedicahm m ffw -'e%f ow aanue of y4m J9uttw ao At em6et of tfw eode &4o4mnent j-3oa&d apWI 3C, 1989 to dune 3C, 20C9 .eft on 244 of tl e City eouna tKuo 2P' dad of ji4, 20V 9 ,9a uwneao unit Awf Jr /iaae Rev-un a oet m* fund cawed tliia iea to Be a hied fa .xu, e.Me, erg a ,& CPU" of tfw A(a V" e-4 q (qf"dktb", 9&Wda ten& MW Expwaion 4 appuciation to ,7,t ✓ wogs itio.n of fim Smo&e to tfe eomr► Jot t& J etfowwnce of V4= l�utko ao A%ntim of tie 5vt-r-iff ®7A, 7AWL !, ,,F t ' ' t A / apse 7., 2VC9 w lam 26, 2CO9 QAten on !de 4 of ffw eitV eom il' th o 21" data of juk, 2UU9 P ✓ faym r�~ ,acme j 1 CITY OF OKEEC40BEE RATE CURRENT J 770.0 4.5507 0.00 24.5507 0.00 24.5507 0.00 SL EXTV 0.0 24.5507 0.00 Cell Reim 0.0 24.5507 0.00 RETRO 0.0 24.5507 0.00 L/S IN 0.0 24.5507 250.00 YTD DED TYPE CURRENT YTD 24,943.55 WTH 0.00 3,741.48 1,021.31 FICA B 3.63 393.39 2,356.87 FICA 15.50 1,681.80 196.41 RET. 0.00 1,650.29 100.00 LB NA1 0.00 151.76 8.84 HEALTH 0.00 1,750.84 250.00 DIR DP 0.00 18,551.55 CR UN 0.00 725.00 COMMENTS: an • rza oft �C&ekb y yours 20 �e>� Sewer O9waa - (f 25'0. 00 CURRENT YTD TAXES CURRENT YTD ACCRUED LEAVE HOURS FICA VACATION EARNINGS FED W/H n on 3,552.89 NET PAY 0.00 230.87 19,507.42 PERSONAL/SICK DEDUCTIONS 0.00 O� p ..... SunTrust Bank 63-215 �A Okeechobee Office 631 City of Okeechobee ~' �^ 815 South Parrott Avenue 55 SE 3rd Avenue c�; m Okeechobee, FL 34974 Okeechobee, FL 34974 •. DATE -� JUL 17,2009 OR10" PAY ... Two Hundred Thirty and 87/100 Dollars *** TO THE ORDER OF: STEPHANIE GAMIOTEA 018698 18698 AMOUNT $230.87 1110 L869811' 1:063 LO 2 L5 21:08930009303 L810 � �.:� ��: � C %: � � § � \ � �� � �^ � � � - « :� cvyr .,>�\ g. « ±���a� : x wrGz / �/����\ . : . . � > . .:����\G�k « . . . � y� � � . . 2 \ \ (: % e < � � 0 • 14XHIBIT 1 JbLY 21, 2009 ORDINANCE NO. 1046 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; REQUESTING AND CONSENTING TO THE INCLUSION OF ALL OF CITY WITHIN AN AREA DESIGNATED BY OKEECHOBEE COUNTY TO PROVIDE EMERGENCY MEDICAL SERVICES; PROVIDING FORANNUAL RENEWAL OF SUCH REQUEST AND CONSENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. FINDINGS. It is hereby ascertained, determined, and declared that: (A) The Board of County Commissioners of Okeechobee County, Florida (the "County"), is considering the enactment of an ordinance authorizing the County to create or identify a specific geographic area within which the County will impose and collect EMS tax assessments to fund the provision of emergency medical services within incorporated and unincorporated areas of the County. (B) The City Council of Okeechobee has determined that the inclusion of the incorporated area of Okeechobee within such specific geographic area by the County for the purpose of providing emergency medical services is in the best interests of the owners of property within the corporate limits of Okeechobee. The City Council of Okeechobee approves and incorporates the ordinance enacted by the County to the extent that the imposition of this assessment provides a special benefit to each of the parcels to be assessed by enactment of this ordinance within the City of Okeechobee. SECTION 2. REQUEST AND CONSENT. The City Council of Okeechobee hereby requests and consents to the inclusion of all of the incorporated area of the City within a specific geographic area identified by the County to provide emergency medical services, facilities, and programs and to the imposition of an EMS tax assessment by the County in accordance with Section 125.271, Florida Statutes, to fund such emergency medical services, facilities and programs. Such request and consent shall become effective upon adoption of this ordinance for the upcoming fiscal year. The City Council finds that the provision of emergency medical services is an essential municipal purpose. SECTION 3. ANNUAL RENEWAL OF REQUEST AND CONSENT. Request and consent of the City Council of Okeechobee given to the County by this Ordinance shall be deemed given in advance for each fiscal year hereafter and shall be automatically renewed for each succeeding fiscal year unless such request and consent is subsequently withdrawn as provided herein. Request and consent shall be irrevocable for any fiscal year in which the subject emergency medical service tax assessments are levied by the County within the incorporated area. Okeechobee may only withdraw such consent for any subsequent fiscal year by adopting an ordinance abandoning its consent and providing a certified copy of such ordinance to the County prior to May 1 preceding the fiscal year for which consent is being withdrawn. Ordinance No. 1046 Page 1 of 2 SECTION 4. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect as provided by law. INTRODUCED for first reading and set for final public hearing on this 21"' day of July. 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this V' day of August, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1046 Page 2 of 2 E r. � « y }@� Okeechobee County/City EMS Assessment Methodology Lee R. E veƒƒ, Vice President, Willd a n Financial Services July 21, 2009 l\ iwl • An assessment is an annual charge against property • EMS assessments are calculated through a benefit analysis to determine an appropriate rate for different property types • Assessments reflect the special and peculiar benefit received by property from a particular service, such as EMS M in Assessment Prod • Assessments are not based on property value, ownership or use • EMS assessments based on benefit analysis - Historic service demand by property type - Current cost of EMS Service demand by individual parcels - Everyone pays their fair share • Stable dedicated revenue stream • Assessments only fund authorized services 13 VLcen9-%IMn"e.%t v Can fund: • Emergency medical services • Ambulance transport services • EMS Equipment • Administration costs related to EMS service Cannot fund: • Fire protection services i a • Total assessment equal or less than cost of authorized services • Assessments based on special and peculiar benefit to properties • Costs must be fairly and reasonably apportioned 15 does a Benefit Analysis Provit • Derives historical demand for EMS services by property type - EMS Call Volume • Equitably apportionment of costs to properties 7,998 EMS calls received from 2007 - 2008 1,325 of these EMS calls are non -property related 6,673 EMS calls relate to specific property types Residential 57224 Hotel/Motel/RV Parks 38 Commercial 17393 Industrial /Warehouse 18 7 W I L L DA N extending your *,,"Financial Services reach EMS Assessment Costs :-I-Nffi Historical call data utilized to calculate budget allocation amongst property types Residential Properties 51224 65.3% S 1,177,488 Hotel/Motel/RV Parks 38 0.5% S 7,024 Conn-nercial Properties 1,393 17.4° o $ 312,690 Industrial Properties 18 0.2% $ 4,035 Non -property Related Incidents 11325 16.6% $ 293,896 w l Residential Properties $ 1,177,488 $ 1,554 $ 150,146 $ Hotel /,Nlotel/R`r Parks $ 7,024 $ 542 S 222 $ Commercial Properties S 312,690 $ 51,419 $ 108,846 S Industrial Properties $ 4,035 S 196 $ 1,023 $ Non -property Related Incidents $ 293,896 S - $ - $ • Non -Property Related costs are not assessed 1 10 1,025,788 6,260 154,425 2,816 Residential and Hotel/RV Park Rates Residential Properties Per Dwelling; Unit $74 S 1,177,488 Hotel/Motel/RV Parks Per Roo n/Space $2 $7,024 11 Properties (Buildings) <1,000 SgFt Per Building $39 $4,719 $1 $53 Properties (Buildings) 1,001-2,500 SgFt Per Building $77 $20,251 $2 $318 Properties (Buildings) 2,501-5,000 SgFt Per Building $193 S43,425 $6 S774 Properties (Building;.) 51001-10,000 SgFt Per Building $385 S74,690 $12 S 1,02 Properties (Buildings) 10,00 1 -20,000 Sgl''t Per Building $771 $47,802 $23 S 8 2 Properties (Buildings) 20,001-40,000 SgFt Per Building $1,542 S60,138 $47 S658 Properties (Buildings) 40,001-60,000 SgFt Per Building $3,083 S 18,498 $93 $372 Properties (Buildings) 60,001-80,000 SgFt Per Building $4,625 $23,125 $140 SO Properties (Buildings) 80,001 - 100,000 SgFt Per Building $6,167 SO $186 SO Properties (Buildings) 100,001-120,000 Sgh't Per Building $7,709 Sal $233 SO Properties (Buildings) 120,001-140,000 SgFt Per Building $9,250 S9,250 $279 SO Properties (Buildings) > 140,000 SgFt Per Building $10,792 S 1(1,792 $326� Sub -Total —> $312,690 $4,039 12 NA/WI L L DA N extending Financial Services reach - • • LXIIIBIT 2 JbLY 21, 2009 RESOLUTION NO. 09-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING RESOLUTION NO. 98-13; PROVIDING FOR UPDATING STANDARD OF REVIEW; PROVIDING FOR ADDITIONAL NOTICE TO OWNERS; PROVIDING FOR INNOCENT OWNER DEFENSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida enacted Resolution No. 98-13 in order to provide for impoundment of motor vehicles that were used in unlawful activities within the City; and WHEREAS, the City of Okeechobee, Florida has legitimate interest in establishing punitive measures to persons who may be violating local or state laws, which measures are a deterrent to illegal activities; and WHEREAS, the courts of Florida periodically review and update legal standards which support the practice of impoundment of motor vehicles, which thereupon necessitates a revision of local ordinance; and WHEREAS, the District Court of Appeal, Fourth District of Florida, in which the City of Okeechobee is geographically located, has recently amended certain provisions concerning impoundment of motor vehicles. NOW, THEREFORE, it is hereby resolved and adopted by the City Council of the City of Okeechobee, Florida, presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that the following amendments be made to the procedures for the impoundment and disposition of motor vehicles used in the commission of certain crimes: ARTICLE I. VEHICLE IMPOUNDMENT. A. A motor vehicle for purposes of this resolution is defined as set forth in Florida Statutes 316.003 (21) and (22). B. A motor vehicle shall be subject to seizure and impoundment whenever a law enforcement officer, in the course of his or her duties, has detained a motor vehicle and based upon a totality of the circumstances has formed the opinion that the occupant(s) of such motor vehicle, by clear and convincing evidence, are or have engaged in criminal conduct and , Florida has probable Cause that the vehicle: 1. Contains any controlled substance or cannabis as defined in Florida Statutes Chapter 893, or 2. Was used, or facilitated in the purchase, attempt to purchase, sale or attempts to sell such controlled substance or cannabis, or 3. Was used to facilitate the commission of an act of prostitution, assignation or lewdness as defined in Florida Statutes Section 796.07, or 4. Was in the actual physical control of a person convicted under the provisions of Chapter 316, Florida Statutes, and which vehicle is ordered to be impounded by the Court under the provisions of F.S. 316.193(6)(d). C. Upon seizing the motor vehicle, the law enforcement officer shall: Resolution No. 09-09 Page 1 of 4 1. Provide for the towing to the vehicle to a city -owned or maintained controlled facility, or to a facility controlled by the City's towing agent, and 2. Notify in writing the person determined to the registered owner of the vehicle and any person who is found to be in control of the vehicle at the time of its seizure of the fact of the seizure, and impoundment of the vehicle, as well as the right to request a preliminary hearing pursuant to the provisions herein. D. The notices given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle, or if neither the vehicle owner or the person in control of the vehicle at the time of its seizure is available to receive such notice, then notice shall be provided to the vehicle owner by certified mail, return receipt requested, within 48 hours of the time of impoundment excluding Saturdays, Sundays and legal holidays. Said registered owner of the motor vehicle shall be provided such notice to the address listed on the most recent motor vehicle registration on file with the Department of Motor Vehicles. E. This section shall not apply and the motor vehicle shall not be seized or impounded if: 1. The possession, use or sale of the controlled substance and/or cannabis is authorized by Chapter 893 Florida Statutes; or 2. The vehicle was stolen at the time it was subject to seizure and impoundment; or 3. The vehicle was operating as a common carrier at the time it was subject to seizure or impoundment; or 4. A law enforcement agency has expressed its intent in writing to institute forfeiture proceedings against the vehicle. ARTICLE II HEARINGS, ADMINISTRATIVE PENALTY. A. If the registered owner of the motor vehicle, or his or her authorized agent has made a written request for a preliminary hearing, then: 1. The City shall hold such hearing within 48 hours of receipt of the written request for hearing, excluding Saturdays, Sundays and legal holidays, before a Special Master of the City of Okeechobee. At this time and subject to further direction, the City attorney is appointed and shall serve as the Special Master on behalf of the City. At the hearing, the City shall have the burden of proof that there is clear and convincing evidence probable--eaase to believe the motor vehicle is subject to impoundment and continued seizure under this resolution. The formal rules of evidence shall not apply at the hearing, and hearsay evidence is admissible. It is the responsibility of the vehicle owner or authorized agent to provide for an accurate record of the proceedings. 2. If, after the hearing, the Special Master determines that there is clear and convincing evidence probable eause to believe that the vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle unless the vehicle owner or his/her authorized agent pays to the City an administrative civil penalty of a sum not to exceed $500.00, plus all towing costs, or post with the City a cash bond in the amount of the penalty assessed plus all towing and storage charges, if any, together with the reasonably anticipated storage charges which may accrue prior to a final hearing. No storage charges shall accrue for the first seven days the vehicle is impounded, but commencing on the eighth day and each day thereafter, a storage fee of $10.00 per day shall accrue on the vehicle. If, after this preliminary hearing, there is a finding of no clear and convincing Resolution No. 09-09 Page 2 of 4 J • evidence probable-estise, the vehicle shall be released to the registered owner or authorized agent thereof, without the imposition of any penalty, towing or storage charge. 3. In the event a finding of clear and convincing evidence prebable Cause is entered, the Special Master is permitted, in his/her sole discretion, upon mitigating circumstances presented at the preliminary or final hearing by the owner or authorized agent, to enter a civil penalty of less than $500.00, but in no event shall the penalty be less than $100.00. 4. Within 10 days of the date the motor vehicle is seized and impounded, and whether or not a preliminary hearing is requested the City shall notify by certified mail, return receipt requested, the vehicle owner of record of the date, time and location of a final hearing to be conducted pursuant to the provisions herein. The final hearing shall be scheduled and held unless continued by order of the Special Master, no later than 45 days after the date that the vehicle was seized and impounded. The formal rules of evidence shall not apply at the final hearing, and hearsay evidence may be admitted. The City shall have the burden to show by a preponderance of the evidence that the vehicle was used in the commission of, or to facilitate the crimes of, possession, sale or attempt of drugs, or prostitution. If, after the final hearing, a finding is made by the Special Master that the vehicle is subject to impoundment and seizure pursuant to the provisions herein, and that none of the enumerated exceptions apply, then the Special Master of the City shall enter an order finding the owner of the vehicle civilly liable to the City for an administrative penalty as provided herein, plus any applicable towing or storage charges. If, after the final hearing, a finding is made that the City did not meet its burden of proof, or that one of the enumerated exceptions apply, the vehicle shall be forthwith returned to the registered owner or his/her authorized agent, together with refund of any cash bond posted. B. ADMINISTRATIVE PENALTY. If an administrative penalty is imposed pursuant to the provisions herein, such penalty shall constitute a debt due and owing to the City. The vehicles registered owner's obligation to pay such debt to the City shall be independent of the City's return or release of the vehicle. If a cash bond has been posted, the bond shall be applied towards payment of the penalty imposed. C. RETURN OF THE VEHICLE. The vehicle subject to this resolution shall be returned to the registered owner thereof, or his/her authorized agent, upon occurrence of one of the following: 1. The owner elects to execute a voluntary agreement with the City without hearing to pay the administrative penalty, which includes a release of liability to the City. 2. The owner or agent prevails at the preliminary or final hearing on the impoundment and there is a finding by the Special Master of insufficient evidence to support the impoundment. 3. The owner or agent, subsequent to a preliminary or final hearing, pays the assessed penalty to the City. 4. The owner appeals the final decision of the City to the Circuit Court and prevails on appeal. 5. The impoundment is pursuant to a court order under Chapter 316, Florida Statutes, and such time has expired, and the owner has paid the impoundment fees. Resolution No. 09-09 Page 3 of 4 D. RIGHT OF APPEAL. The owner of the motor vehicle that has been the subject of seizure and impoundment hereunder by the City may appeal the final ruling and decision of the Special Master of the City of Okeechobee to the Circuit Court of the Nineteenth Judicial Circuit, in and for Okeechobee County, Florida, by filing a written notice thereof as provided by Florida Rules of Appellate Procedure within 30 days of rendition of such ruling. The filing fees, and burden to maintain, transcribe and provide a record on appeal to the Court shall be the obligation and expense of the owner of the motor vehicle. E. UNCLAIMED VEHICLES. Any motor vehicle that is not reclaimed by the registered owner thereof within 60 days from the date of the final order of the Special Master of the City of Okeechobee, which order subjects the vehicle to the administrative penalties, becomes unclaimed evidence pursuant to Florida Statutes 705.101(6). Such unclaimed vehicle shall then be disposed of by the City of Okeechobee pursuant to Florida Statutes Section 705.105. ARTICLE III. All resolutions or parts or resolutions in conflict herewith be, and the same are hereby repealed. ARTICLE IV. Should any section or provision of this resolution be declared by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part or section specifically declared to be invalid. THIS RESOLUTION shall become effective immediately upon its approval by the City Council. INTRODUCED AND ADOPTED this 21st day of July, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 09-09 Page 4 of 4 L'XuiBIT 3 JULY 2I, 2009 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE Y' Avenue Okeechobee, Florida 34974 NAME:' ADDRESS: TELEPHONE: 6-- ---(' / - �- , FAX: FAX (863) 763-1686 MEETING: REGULAR E SPECIAL ❑ WORKSHOP ❑ DATE: 7 -� ky f PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: • • LXHIBIT 4 JULY 21, 2009 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3rd Avenue Okeechobee, Florida 34974 NAME: Edward L.O'Roke ADDRESS: _51 6 SE 4th St _ (p n Box 441 0kPeChc)hPP1,Fs 3A974 TELEPHONE: (8 F -3) 4 6 7- 8 21 1 FAX: None MEETING: REGULAR & SPECIAL O WORKSHOP D DATE: July 21 , 2009 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: permission to D1act- a 12'x47'Mab 1 NnM- on T t#2 :Lid Trailer & F the n� tainin.g (52) Mobile Homes and Rv'cRd nu qp. - PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: Betty J.Clement,Brian Whit hall Ray Schauh.Dowlinq Watford i kP O'Conner (Okeechobee-City)c Wait TAulor(AcoG 's nff, Deeds Dept.of Okeechobee County e) �1 � and - PLEASE STATE DESIR )N BY THE CITY COUNCIL: Correct on-ao naffle ween Roger & Mi 1 rlrAd Jones ,„rl (.; t bee Which wave Y cal- ke-echo- PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: I have $31,400 invested in a $59.000 Mobile Home 2010 and would Would like to place same on Lot# ,where I have r sjde 1 _ n�P r nr, .)nno_T.74 1 , �� �.__ _ _ larch IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED By<?0%" � � DATE: --- �r D_SearchResults • Okeechobee County Property Appraiser CAMA Updated: 5/1/2009 Parcel: 3-22-37-35-0030-OOOAO-0010 % t � �1 Owner & Property Info Owner's Name OKEECHOBEE TRAILER & FISHING R Site Address 516 SE 4TH ST, OKEECHOBEE Mailing BOX 516 Address OKEECHOBEE, FL 349730516 Description CENTRAL PARK LOTS 1 & 2, LOT 3 LESS W 5 FT LOT 6 LESS W 5 FT, LOTS 7 & 8 BLOCK A NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.999 ACRES S/T/R 22-37- 35 Neighborhood 286010.00 Tax District 5o DOR Use Code PK/LT RVMH (002800) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (2) $187,740.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (1) $2,354.00 Total Appraised Value $190,094.00 Sales History • Page 1 of 2 2008 Certified Values Maw GIS Aerial Search Result: 1 of 1 2008 Certifipri vai�A� Just Value $190,094.00 Class Value $0.00 Assessed Value $190,094.00 Exempt Value $0.00 Total Taxable Value $190,094.00 al E3/1/19778 Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 0/ 03 V Q $10, 000.00 -- Building Characteristics Bldg Sketch Bldg Item Bldg Desc I Year Bit I Heated S.F. Actual S.F. I Bldg Value NONE Extra Features & Out Buildings - (Show Codes ) lue Units Code Desc Year Bit E$2,354. Dims Condition (% Good) BFR W4 BLK FLR R/ 2005 00192.000 16 x 12 x 0 PD (75.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 561BSW BMH SITE S (MKT) 21.000 LT �- (-000AC) 1.00/1.00/1.00/1.00 $8,400.00 $176,400.00 261AMH HXMH SITE (MKT) 1.000 LT-.(.000AC) 1.00/1.00/1.00/1.00 $11,340.00 $11,340.00 Okeechobee County Property Appraiser CAMA Updated: 5/1/2009 Search Result: 1 of 1 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 5/14/2009 s i. stab 2121r�541 j tea"am MMCO FORM 34 j�.l{ . nor It�enibW. la rgteo{►tl.a 0 o° "t''p 1 Uk warrant) �Eed Trade the /6 � d•F of March A. D. to 78 � f ROGER L. JONES and MILDRED E. JONES. his wife, hereena(Irr b.11«I the TRAI°center, to OKEECHOBEE LER b FISHING' RESORT, INC.. . • k m pern,sneni jscwwflcs • rsrpvotlon rsleNng under the 6vo of the seal# of Florida . addn•is ae � � , herelneJler celled the grantee: :w......r e•+ ....: rr '^.�✓ ..+ "t•w•b' e.t.r r s. ,ate., . as :wire. W 1 -a r ear...a.rl I wifntssttit: Thal the grantor, for and to wMAJeeeHon of da sun of f 10.00 wh.► i r.laabl# eanbldrmuons. "cdp! mhtebaf I. horeb, arinowl duel, 6,*4 atoms baegebes, sells. a(1ene. Fe. arts", nleab". cenogs and Confirm ones Ih# gnsnee., all that certa rs bind dtua4 In Okeechobee CoanlF, Flertda rest • I Lots 1, 2. 3, 6, and 7. LESS the West'S feet of Lots 3.and 6, Block A, CENTRAL PARK SUBDIVISION,' according to plat.thereof•recorded in Plat Book 2. page 39, public records of Okeechobee County, Florida. ' SUBJECT to restrictions. reservations and easements of record. ... t .. ..r "• :i- .\I K - ; _, t •tit ... � i• �tir!?�^.� : - '• �a:_? e_� :1 .. / . "'1 \ .z2�• ;-C lit'!, Togttfler^atlh all the Irrnntenb, h...ael.rtmnls WA epFWeensna" 0—.go b.langi•o ar a an)- Wis.08'ro" dning. To 11we and to Wd, A. soar k I. blmpla I—. Sind lhr grrneor hereby cepranh with slid °n,nl« that the granter Ib &—hilly Masai of sea land In /ro simple: that the granbr has gosd right and laafal auehamy in seQ end cono.) bald iendt chat lhs ornttr hrceby fair wer-w. if. title 1. sold Land and will defend 46 smne ageeme the la.rful CL/ats of all V"bbns Wh—twn . and thw said lend is free of all .ta rta6mm. dbr.pl I..$ aavatnti srboegtrttl !a Decerrtbtr m. io 77. FILED FOR RECORD OXEECNOF E COUNTY.F! '. 1"oa.sr; I16t.6.6 "P ,. . ' �•. 1— 1970 NAfl 16 A8 R: 47 - •1n Mass Uhatofi . the -9 i-ant-, hss hen" s.t C�iw`te=fvt l" day -4 � pr,t al.a a a<rH.n CLERK OF CIRCUIT COURT - 5 ter¢. bnh+l and drltwed a pr"enc+t L..OD 1 Mildred E. one • SI'A'(E OF i•EPRIDA. ' 7 coLa-rr OFOKEECHOBEE I HLRELY tx0.T11Y tbst ea this dbr. bete:# ter. u • oW— d.ir s,nhedi d in the Sure blereerM and i. the Gemr .teraaw a tab. baswk4para4. OvmeegY V W"d ROGER L. JONES and MILDRED E. JONES, his wife, as w< bran a br the P_ a d. b,4 1. sad be #wooed 0,t- enersiar ebsb_,ebt ud each bekw kdpd lefen ar :bat Chegr,ee.o-d ter sbrK. .%, :.:;::3 . "•�. • /� ! . WITNESS•b7'4.r—d afraid teal is the Cwa4 bed Sum•ful factaw tbk day 4r March, ti a. n 78. = �L Z. Matter polio. Sues of Plaids al Lqa • �•�• •hit • ' :tile (ssbiubrt � Het S. ltit . ••S • ,, rrrrr •,tnt••�!`�••• � err tr ear w. • cr..+r O.w.r Thi inY/Hnlfltt ftriu-1 •r: . •. . Arias - TOM W. CONELY III 207 W. end street Okeechobee. Florida 33472 p '1;[ 212 It's 541 Tr INDMMD i VERtr=D s c Id 3 :g l " 22 f Lal to • • L) MIBIT 5 ,ALLY 21, 2009 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3rd Avenue Okeechobee, Florida 34974 NAME: �/ I ✓i^f:C_ r>_ �`i!1 �"�ti,tc� �v� cSiY (_ /J ADDRESS: -5,v 357 (,a737 TELEPHONE:��� FAX: MEETING: REGULAR 0--*S'PECIAL O WORKSHOP O DATE: 2� c� PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: PLEASE STATE DESIRED ACTION BY THE lff� PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: Chapter 6 ALCOHOLIC BE#GES* • Page 1 of 3 CITY CODE Chapter 6 ALCOHOLIC BEVERAGES* *Cross references: Businesses, ch. 14. State law references: Alcoholic beverages, F.S. chs. 561-568. Sec,. 6-1._Hours- Sunday sales; holiday_ sales. Sec. 6.2. Distance from church_ schoof._or daycare center. $ec,_6-3___Dances in bars and other_ establishments. Sec._6-4 _Nudity and_sexual_conduct, Sec. 6-1. Hours; Sunday sales; holiday sales. (a) Sale of liquor prohibited on Sunday. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or consumption of liquor, as defined in F.S. ch. 565, but excluding beer and wine, between 2:00 a.m. Sunday, and 7:00 a.m. Monday. (b) Sale of beer and wine limited on Sunday. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or consumption of beer, as defined in F.S. ch. 563, or wine as defined in F.S. ch. 564, between 2:00 a.m. Sunday, and 1:00 P.M. Sunday. (c) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it alcoholic beverages and tobacco to serve or sell, or cause to be sold or consumshall be unlawful for any person holding an alcoholic beverage license from the state division of ed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday; providing for clarification that any alcoholic beverage may also be sold from 7:00 a.m. Saturday and 2:00 a.m. Sunday, and beer and wine may be sold on Sunday between the hours of 1:00 P.M. and 12:00 midnight. (d) Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, or the Fourth of July were to fall on a Sunday in any calendar year, any person holding an alcoholic license from the state division of alcoholic beverages and tobacco may, at their option, remain open for the sale of any beer and wine permitted by such license until 2:00 a.m. on Monday morning following such Sunday holiday. (e) Authority of police department. The chief of police, or his officers, may enter upon and into any establishment holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco for inspection purposes, or other such purpose as permitted by general law, during such business hours, or at such time as the license holder, his agent or employee, or such other persons who may be within the premises, to determine compliance with this section. If it reasonably appears to the officer that alcohol is being served, consumed or sold, past the time permitted in this section, the chief of police, or his officers, are authorized to immediately order the establishment to be closed. This failure to comply with this section may also subject the license holder, the owner of the business, or a tenant leasing from a license holder to any additional penalties as may be imposed by F.S. ch. 162, or this Code. (Code 1982, § 3-2) http://Iibrary2.municode.com/default-test/DocView/I 1366/ 1 /28 2/4/2009 ARTICLE II. REGULATION*OR COMMERCIAL ESTABLIS TS �� Page 1 of 2 COUNTY CODE ARTICLE 11. REGULATIONS FOR COMMERCIAL ESTABLISHMENTS DIVISION 1. GENERALLY Secs.6-31--6-45. Reserved. DIVISION 2. HOURS OF SALE* *State law references: Authority to regulate hours of sale, F.S. § 125.01(1)(o); hours of sale may be set by county, F.S. § 562.45(2)(a). Sec.6-46. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverages means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. Beer and malt beverages means all brewed beverages containing malt, containing one-half of one percent or more alcohol by volume. Intoxicating beverage and intoxicating liquor means only those alcoholic beverages containing more than 4.007 percent alcohol by volume. Wine means all beverages made from fresh fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added, containing one-half of one percent or more alcohol by volume. (Ord. No. 93-13, § 1, 8-12-93) Cross references: Definitions generally, § 1-2. Sec. 6-47. Hours of sale. No alcoholic or intoxicating beverages may be sold for on or off -premises consumption within the unincorporated areas of Okeechobee County between the hours of 2:01 a.m. and 7:00 a.m., Monday through Saturday, and between the hours of 2:01 a.m. and 1:00 p.m. Sunday. (Ord. No. 93-13, § 2, 8-12-93; Ord. No. 99-03, § 1, 4-8-99) Sec. 6-48. On -premises consumption. No alcoholic or intoxicating beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the State Division of Beverages for on- http://Iibrary2.municode-com/default-test/DocView/12834/l /13/15 2/4/2009 AK14C:LE 11. REGULATIOWOK cOMMERCIAL ESTABLIS "I'S Page 2 of 2 Premises consumption within the unincorporated areas of Okeechobee County between the hours of 2:01 a.m. and 9:00 a.m., Monday through Saturday, and between the hours of 2:01 a.m. and midnight Sunday; provided, however, beer, malt beverage, and wine may be sold on Sundays between the hours of 1:00 p.m. and midnight. (Ord. No. 93-13, § 3, 8-12-93) Sec. 6-49. New Year's Eve. Should any New Year's Eve fall on a Sunday, alcoholic or intoxicating beverages may be sold, consumed and served in any place holding a license under the state division of beverages for on - premises consumption within the unincorporated areas of the county between the hours of 8:00 p.m. and midnight on that Sunday. (Ord. No. 93-13, § 4, 8-12-93) Secs.6-50-6-70. Reserved, DIVISION 3. RESERVED* *Editor's note: Section 3.02 of Ord. No. 97-01, adopted February 13, 1997, repealed Ord. No. 87-8, adopted March 26, 1987; subsequently, §§ 6-71--6-73, which derived from §§ 1--3 of said ordinance and pertained to conduct and entertainment in commercial establishments, were likewise repealed. http://Iibrary2.municode.com/default-test/DoeView/12834/l /13/15 2/4/2009 0 0 BmIBIT 6 JURY 21, 2009 CITY OF OKEECHOBEE (863) 763-3372 FAX (863)763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOWS OFFICE 55 SE 3AD AVENUE OKEECHOBEE, FLORIDA 34.974 NAME: l ri l i ADDRESS: TELEPHONE: MEETING: REGULAR O SPECIAL Cl WORKSHOP ❑ DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: _n 6L-/lna74------------------------------------------ PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH: zIkE r-------------------- -------- — — ----------------------------------------------------------------------------- PLEASE STATE DESIRED ACTION BY THE CITY COUNL: ------------------------- --------- PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTA TION IS TO B E MADE, PLEASE LIMIT T HE TIME TO TEN M INUTES U NLESS OTH ERWISE APPROVED BY THE MAYOR. i SIGNED BYL- rtts'1J ` �i` DATE: % t ECO Economic Council of Okeechobee June 26, 2009 City Council of Okeechobee 55 SE 3`d Avenue Okeechobee, Florida 34974 Dear Okeechobee City Councilmen: Economic Council of Okeechobee P.O. Box 718 Okeechobee, FL 34973 Phone: (863) 467-0200 Fax: (863) 467-0489 The Directors of the Economic Council of Okeechobee realize they were instrumental in advocating for the implementation of Impact Fees in Okeechobee. While we continue to recognize the need for Impact Fees, we wish to express to you our views in light of the current and sustained downturn of our economy together with recent discussions held both locally in Okeechobee and in other jurisdictions throughout the State of Florida. The Directors of the Economic Council of Okeechobee support the temporary suspension and/or substantial reduction of Impact Fees as currently charged by the City of Okeechobee. As part of our mission to "promote the sound and judicious economic growth of Okeechobee County, Florida," we feel this effort would encourage growth and support the economic recovery of our community. Please note that a similar letter has been sent to the Okeechobee Board of County Commissioners. Should you have any questions regarding this matter please contact the Economic Council of Okeechobee at (863) 467-0200. Sincerely, Elizabeth A. Maxwell, Chairwoman Tara M. Minton, Executive Director www.ecookeechobee.com a 13: -17 �3"j�4 FBC OKEECWMEE, 137 Id /2009 637F m �A 0 t L I' � AN C� 1, k, P LXHIBIT 7 JMY 21, 2009 Pumbad Kid&beth Akistider Mar*164 Ex% M&xw*it & Mairwelt, PA. 464 KW Third stron Ok"chobet, FL 34M "3�163- 11 J 9 DECLARATION OF COVENANTS CONDITIONS and RESTRICtIONS FIRST BAPTIST C1KRCH OF OKEECHOBEE, INC.(hewi�aftr the "Grd'zrane'. is dw owmr in Ric slWte of cerwin real property (the "Property").10emod in (>kctiz)vbee County, Florida. described as fbilow-.4: L-ozu 1, 2, 3, 10, 11, & 12, of Block 1 $0, C11-y up v4Ecwm'E� according to the plat thervof recordod 4) Plat Book 2 . fte 17. Public Records of Okeechobee County. anal Lois ',,, 8, 9, & 10 of Block 182, CITY OF OKFE CHODEF. according to the plot thmot rwonlex! in Plat Book 5. Fftgr 3, Public Rvr�ords of Okeechob" County. For the purpose Of enh"?L*18 Ukd protectiu the value, attmtivetles$ and dcsimbility of tier said Noperty, Declarant hm.by declares that the Property J*0o4 above shalt be held, sold mud oonveyed nnly subject to the fo!JowirkU coveomtb. comlitions am restrictiom. which shall mistitute covenant,-, runnirks with the lau4 and shall be binding on 611 partite h4vin* any right, bite or lmemt in the above-desvibid Property or arty part thermf. their heim. sucoeswn and assigns, and shall ixtura to the b;wfit of the CITY OF OKEECHOBEE, a FleTida mmnicipsl "wporativa, its successors vl id assigm hercinaftt',r [he "City'". I WHEREAS The Dcclumt vvisliv to make the Propimy sivail"Pie for parking 6%,inuz Sunday serviocs atut Wednesday evcning iutrviccs of the Dectaramt:,4wd %KEREAS nic Declarant wislici to ensure aburring laridowncrs, and the City itat the Propacty will coAtintic to be available for mte As parking on Wedy"day cNeniriggs and Sunday throughout church cervices unless aM until the City Couniil of the Ci!y pemits othcrmw NOW THEREFORE ff IS DECLAREM 1. That the Property shall be made m%vidix"ale for p4u-king iluring cha=h services at the Dwlaram's adjacant thurch propt-rt). or. Sunday and can Wed Way evening2 '07/14/ 20008: 37 8637638' FBC Cj'VEE`WBEE PAGE 3 2. Mat the City slWl bt cv=idcr-td a gird party bcnaflz iary to this DcOftrati'ou and have tht h& to enf©jvt,. by any pTc)k:ctdin& .jj In, or in c4q' Wry. stl vovewn" ano. restric6omi now or hcTeafter trapoged by the proyt3im,% Qfthis DerJvirwion ShouldN'tch proceeding be ncccssayy, Lbc PPMUling party Shall be entillcd to reasonable, coots and attorneys fees i=wTed at both the trial and aptytIlate I r'w-'S' 3. "flug W covenants and restrictionq of this Dcclmraqon shah ruji Nvi-Lh and bind the Property and shall inure to tote 6cricffi of and b,_ cnfOjvxh,blc by the City, mare paxiicularly described above until such rvttriction is removed by the (*I* CouncIl or the City permiu D*Owwive. In Wksm Whereof, The undcnigned bw hereunto set his hand and &W on behalf of the Declarant this _ day of July, 21009 SigriM. ftaled and delivered in ow presence, signuwt or wim"s NiTted New: TIRS-f WkriWl- CHURCH or OKLECHOM, INC. sy_ IL State of Florida County of Okew-hobiec rhe foregoing invtrunicm was ackfkowloaged h6orc me this ____,sty of July, 7W9 by Dozier Clementswho is pemnally known To mt. [Notary SvWj Printed Narntf: Elf both A. Maxwell 0 • Technical Review Committee June 18, 2009 Page 3 of 4 IV. New Business Continued. B. First Baptist Church 09-003-TRC. The application was submitted by Steve Dobbs, P.E. on behalf of property owners for property located at 401 SW 41h Street, Okeechobee, Florida. The site plan review is all proposed uses, type of construction and conceptual building layout, how the business or use is expected to operate on the site, including but not limited to: number of employees expected; hours of operation; location, extent and type of any outdoor storage or sales, etc., and fire flow layout. This project will be a phased project over at least 10 years. The project will include the construction of a new 900 seat auditorium and appropriate parking including the removal of existing building and proposed construction of new classrooms and remodeling of existing space — Senior Planner. Mr. Brisson stated the applicant's representative, Mr. Steve Dobbs addressed most of the concerns expressed at the May 21, 2009 TRC meeting, where the petition was postponed due to multiple concerns. Mr. Brisson stated he believed the church exceeded the 2 day a week grass parking. Mr. Dobbs interjected, he had not presented the complete information to Mr. Brisson regarding the activities. The basketball activity will be at the ROC where parking on pavement is available. Mr. Brisson then agreed that the grass parking would appear to meet the requirement. Mr. Brisson asked whether more than one dumpster would be necessary, due to the added classrooms. Mr. Dobbs stated the church has operated for quite a while with only one dumpster, but that adding a possible future site for an additional dumpster would not be a problem. Mr. Brisson then inquired of Mr. Dobbs, whether the agreement had been drawn up for the shared parking? Mr. Dobbs replied no, a lawyer would have to be responsible for the document. The Committee was in agreement, there should be an agreement between the ROC, the Mission House and the church for shared parking in the event the Mission House was sold, the church would still need the shared parking for services. It was determined City Council would require the legal documentation to grant the shared and grass parking. Administrator Whitehall asked whether the loop was being implemented or discarded? Mr. Dobbs stated the loop would remain and had the recommendation from Susan O'Rourke, P.E. who did a traffic study for support of the loop. The loop was designed to accommodate handicap drop-off. Building Official Schaub stated, if signage was not installed, regular traffic could access the loop. Also he asked whether parking was permitted in the loop? It was stated the loop would only be used for parking during the week. It was determined signage would be put in place. Building Official Schaub requested Mr. Dobbs to furnish the City with a time frame to show the phases of the project. Mr. Dobbs told the Committee the phases was dependent on financing. Phase one could begin in 6 months, the end of this year, and phase 2 at the end of 2010. It was explained the TRC approval of a site plan, existed for 2 years, after that time period a new application would need to be submitted or a building permit pulled. Any revisions to the original site plan would be required to be submitted to the Committee for review. The Fire Chief stated he still needed information from OUA on the water flow from the hydrants. Mr. Hayford told Chief Smith he would have the information within the week. Administrator Whitehall asked about information on the water main. Mr. Dobbs explained a new 6" line corner of SW 6ch Street and SW 5th Avenue down to 2^d Street would be provided. Mr. Dobbs told the Committee he has a mechanical engineer working on the calculations for the lift station for capacity of the addition. Information is forthcoming. Health representative McCoy inquired regarding the possible septic tank for the two small houses that are to be demolished for the project. Mr. Dobbs explained no septic tanks exist. Technical Review Committee June 18, 2009 Page 4 of 4 IV. New Business Continued. B. First Baptist Church 09-003-TRC, continued. Chief Smith made a motion to approve final site plan review for all proposed uses, type of construction and conceptual building layout, how the business or use is expected to operate on the site, including but not limited to: number of employees expected; hours of operation; location, extent and type of any outdoor storage or sales, etc., and fire flow layout. This project will be phased over at least 10 years. The project will include the construction of a new 900 seat auditorium and appropriate parking including the removal of existing building and proposed construction of new classrooms and remodeling of existing space, as well as recommending to City Council for approval of the shared and grass parking pending contingencies listed below; seconded by Director Robertson. Contingencies: Legal document for shared parking with church, ROC and Mission House, future site shown on site plan of dumpster location, should one be required, signage for loop traffic and handicap parking, proposed time line of phases to be submitted to the City, upgrade of water main 6th Street and 51h Avenue to 2°d Street, calculations from mechanical engineer to determine capacity of existing lift station, submitted to the City, and approval from City Council for shared and grass parking. Motion passed unanimously. V. Adjournment — Chairperson. There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee meeting at 10:58 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Betty J. Clement, Secretary Brian Whitehall, Chairperson 0 • DMIBIT 8 juLy 21, 2009 CITY OF OKEECHOBEE 55 SE THIRD AVENUE ENGINEERING DEPARTMENT OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 225 Fax: 863-763-1686 Brian Whitehall, City Administrator 55 SE Third Avenue Okeechobee,FL 34674 Re: Bid PW 03-10-05-09 City Hall Vertical Lift and Handicap Accessibility Dear Mr. Whitehall: Please be advised, I have examined all bids submitted and find all appropriate documentation to be in order for all bids submitted. I recommend Southeast Elevator, Inc., 905 Wagner Place, Fort Pierce, FL 34982 to install the vertical lift at the submitted bid of $18,960.00 and Lozano Builders, LLC, 3493 SE Jake Court, Suart, FL 34994 for the alternate bid for the vertical lift shaft of $13,910.40, for a total bid of $32,870.40. A copy of the bid tabulation is enclosed. I am Sincerely, 6'c:�`` Oiscar Bermudez, P.E. City Engineer enclosure Bid Tabulation Sheet City of Okeechobee City Hall Vertical Lift and Handicap Accessibility Bid No. PW 03-10-05-09 Bid Opening: July 13, 2009 1:00 P.M. . Description of bid material: City Hall Vertical Lift and Handicap Accessibility Company Name Base Bid Amount Alternate Bid Total Bid 1. Southeast Elevator, Inc. $18,960.00 $ 00.00 $18,960.00 2. Excel Elevator, Inc. $19,600.00 $25,340.00 $44,940.00 fJA10 3. JSP Builders, Inc. $26,993.20 $15,312.40 $42,305.60 4. Lozano Builders LLC $ 00.00 $13,910.40 $13,910.40 Posted: July 13, 2009 1:30 p.m. Remove: July 17, 2009 1:30 p.m. • L)MBIT 9 JAILY 21, 2009 2009-2010 TENTATIVE BUDGET PREPARATION AND MILLAGE CALENDAR DATE AGENCY ACTIVITY May 8th Account Supervisor Submission to Department heads budget worksheet reflecting estimated expenditures for current fiscal year. May29th Dept Heads Submission to City Administrator and Accounts Supervisor revisions if needed for expenditures for 2009/2010 budget year. Jun 1 st Property Appraiser To submit estimated Tax Roll value for properties within the City limits. June 9th - City Administrator Individual meetings held with each Dept Head to review budget requests June 23rd Dept Heads submitted on May 29th. July 1 st Tax Assessor Submits certification of Taxable value to taxing authority (City). Time period starts July 1 ", 2009. (Received July 7t`, 2009) July 215` City Administrator Set date, time and place for public hearings to beheld in September City Council and consider proposed millage rate for tentative budget. July 22°d- City Administrator Review budget request with Mayor and Dept Heads including Aug 4th Account Supervisor Revenue and Departmental Budgets. Aug 4th Account Supervisor Returns certification to Property Appraiser and copy to Tax Collector. Aug 18th City Council Budget Workshop, 6:00 pm Sept 1st City Council Second Budget Workshop (if needed). Aug ? Tax Assessor Prepares and mails to each taxpayer a "Notice of proposed property taxes" (this serves as a general notice of first hearing of budget). -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - Sept 19th City Clerk (at least 10 days prior to final hearing) (10 days actual) Sept 15th City Council (within 80 days of Certification) Not earlier than 65 days) (68 days actual) (no sooner than 10 days after mailed notice) (14 days actual) Sept 23rd City Clerk (within 15 days of tentative budget) Sept 29 City Council (no sooner than 2 days)(5 days after advisement) Oct 2nd Account Supervisor (within 3 days of final hearing) Advertises budget ordinance. F>S. 155.041(3)(a) and Millage ordinance. Hold first Public Hearing and reading on tax millage and appropriations ordinance. F.S. requirements prior to conclusion of first hearing: 6:00 1. Council amends tentative budget 2. Adopt tentative millage and budget (each one separately) 3. Re -compute proposed millage rate 4. Publicly announce percent millage rate exceeds "roll -back rate". Advertise Public Hearing to finally adopt a millage rate and budget (1/4 pg. 18pt type) in addition an adjacent notice meeting the budget summary requirements of Sect F.S. 129.03(3)(b) and statement of expense % increase of prior year expenditures. Second/Final Public hearing, amend adopted tentative budget to finalize the The budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution/ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector. Completes and certifies form DR-422 to property appraiser. Oct 29th Account Supervisor Trim certification must be received by the Dept of Revenue no more than t{.OF•OKC S Provided by: India Riedel, Finance Dept. Using 97% of Taxable Values Date Provided: 7/14/2009 Previous Millage Fiscal Year 2009 (Illustrative purposes) 6.7432 Ad Valorem Tax Millage rate multiplied by Prior Year Current Taxable Value 6.7432 328,459,390 2,214,867 Simple Majority Vote Previous Millage Fiscal Year 2009 6.7432 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 6.7432 280,309,517 1,890,183 Simple Majority Vote Millage rates, definitions and projections for Ad Valorem Fiscal Year 2010 Adjusted current Year Prior Year Millage Rate with increase, to zero balance 2010 FY 7.3259 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 7.3259 280,309,517 2,053,519 Simple Majority Vote Staff Recommended Adjusted current Year Rollback/Rollforward Rate with application of FL Statute CPI of 2.5% 8.2068 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 8.006 280,309,517 2,244,158 Simple Majority Vote Adjusted current Year Rollback/Rollforward Rate with application of FL Statute CPI of 2.5% with a maximum allowed increase of 10% 9.0274 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 9.0274 280,309,517 2,530,466 2/3 Vote a (Se, d 64 � City Council Agenda: July 20, 2009 Agenda Item: VIII. 1. Motion 1: Approval of tentative rrullage rate for advertisement for 2009 Tax notices, 7.9634 for fiscal year 2009-2010. Motion 2: Approval of 2009-2010 Tentative Budget Preparation and Millage Calendar setting workshop(s) to be held August l 8t", 5:OOpm, September I" at 5:OOpm (if needed), First Public Hearing September 15t' 2009 at 6:00 pm, and Final Public Hearing September 29th 2009 at 6:00 pm., all to be held in Council Chambers at 55 SE 3rd, Avenue, Okeechobee. FL. Background: This proposed rate 7.9634 is the calculated rollback/rollforward rate based on the same properties last year and the amount of revenue generated for those properties without including new construction. 2008/2009 Taxable Value 2009/2010 Same property Values; (Values w/o New construction) Decrease in same properties 2008/2009 Millage Rate 6.7432 generated Ad Valorem Revenue 2009/2010 Roll back/Rollforward Millage Rate, 7.9634 2009/2010 New Construction Ad Valorem Revenue with New Construction Total Taxable Value 97%* $338,617,928 $328,459,390 $286,733,118 ($ 51,884,810) (15.32%) $278,131,124 ($ 50,323,266) ($15.32`%) $ 2,283,368 $ 2,214,868 $ 2,283,370 $ 2,214,870 $ 2.245,766 $ 2,178,393 $ 2,301,254 $ 2,232,217 *97% of Taxable Values used within the budget. MEMORANDUM To: Brian, City Administrator From: India Riedel, Finance Dept. RE: Taxable Value Comparisons Date: 07/20/09 Just Value of properties within the city decreased by l 9.8% or $98,293,253 from 2007/2008 to the current year without adding any new construction. Last fiscal year to this fiscal year is a reduction of 16.6%. Just Value 2007/2008 $ 497,384,630 2008/2009 $ 489,541,611 2009/2010 $ 412,389,408 Taxable Value $ 349,913,220 $ 338,617,928 $ 288,978,884 Taxable w/o New _ $ 337,525,140 $ 327,565,663 $ 286,733,118 $500,000,000 $450,000,000 $400,000,000 $350,000,000 $300,000,000 $250,000,000 2007/2008 2008/2009 2009/2010 ■ Just Value ■ Taxable Value ❑ Taxable w/o New Tentative Calendar FOR BUDGET YEAR 2009/2010 07/07/2009 Received Certification from Property Appraiser 07/21/2009 Set date, time and place for public hearings and set maximum millage rate for tentative budget 08/18/2009 Budget Workshop, 5:00 pm 09/01/2009 Second Budget Workshop, 5:00 pm, (if needed) 09/15/2009 First Public Hearing at 6:00 pm 09/29/2009 Final Public Hearing at 6:00 pm All meetings to be held: Council Chambers at City Hall 55 SE 3r`' Avenue Okeechobee, FL 34974 JULY 2r AGENDA -NEW BUSINESS ITEM K MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, City Clerk,' a Subject: Code Enforcement Board Regular Member Position Date: July 21, 2009 There are (2) vacant positions on the Code Enforcement Board. We have received one application to date. A motion would be in order to approve James Willard Pippin as a regular member, replacing Marsha Montesi, term ending April 30, 2010. Should you have any questions, or require additional information, please do not hesitate to contact me. City of Okeechobee 55 Southeast 3 Avenue Okeechobee * Florida * 34974 * (863) 763-3372 APPI ICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS . Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST TO YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED): 0 Planning Board -- Board] Code ❑ Okeechobee Utility ❑ General Employees ❑ Other: of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: V CL � C _ G._ rd f Al NAME COMMONLY USED: r'►'l RESIDENCE ADDRESS: ot<e e ct-z) 3 7 HOW LONG AT ADDRESS: D Years. Is this in the City LimitsA-esONo' MAILING ADDRESS: HOME TELEPHONE: 7 ® 03 0 CELUOTHER TELEPHONE: S 63 .,, (o 34 EMPLOYER & OCCUPATION:SINESS rnRRENT ADDRESS:RK TELEPHONE: FAX NUMBER(S): /V DATE OF BIRTH: r , ARE YOU A US CITIZEN? Yes ❑No, explain: FLORIDA REGISTERED VOTER? *es County Registered in: C c kb bt e ONO EDUCATION: High School Name & Location: /Vb fC (041 fF r e.6.G 41 Graduated: Year POST SECONDARY EDUCATION: NAWBi roc / ES A - ED: GE F E s yv�-te- ivy MILITARY SERVICE DATES: BRANCH: DATE DISCHARGED: 4yy%,t1 ARE YOU CURRENTLY EMPLOYED AS:m OGeneral Contractor usiness Person O-Mec OEngineer Sub -Contractor ealtor �A C� (✓ALL THAT APPLY) OAttomey ❑Doctor ❑Surveyor OLay, Person DUrban Planner QLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TILE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? 1IES ❑NO_ IF YES, LIST: J \ AGENCY BOARD NAME POSITION DATES '51 Ve 4 64161 STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. �` 4-+tit. a reez, C C..�T'Y"T� �ti `�j� �t�Zc Ali ,�v �� 10�e -rllk l r ct ,)cif Cc e T'e-l. cic,- : r/ HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? KYES LINO_ IF YES, LIST:/ v �1 k,, `A/RE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? YES EINO_ IF YES, LIST: 6 e � yid r —C/C -�r�: 1✓ .`j '�C�4 f�S �C o''tc Sf :i4 e . OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT a HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSALOF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES XNO- IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? Aj( ,L/ HAVE YOU EVER BEEN FOUND 1N VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBL C OFFICERS AND EMPLOYEES? OYES O IF YES, LIST: DATE NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. ii�IFORiifiATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: / SEX: AMALE OFEMALE ETHNIC GROUP: AUCASIAN OBLACK OSPANISH HERITAGE ONATIVE AMERICAN SIAN OR PACIFIC ISLANDER ❑OTHER(spec'ify): ./ALL THAT APPLY: ARTIME PERIOD VETERAN ISABLED VETERAN ,fETNAM VETERAN HANDICAPPED STATUS: OYESiNO_ IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEEO OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? OYES 4NO. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTOTHE BOARD YOU WISH TO SERVE ON. IF MORE/SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE - No r. � C s A� # !l 76 rA/� ,.174 j3 4D _5 j r''ct r3 Li.Y`�� STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: l understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. hereby acknowledge that I hate rfd and understand each of the above statements. Signature of OCity residence is only a requirement for the OUA and Pension Boards. ate: '7115 ©The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons-" 03 Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue col[eclion and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3R11 AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. - BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: The Updates! from the 55 SE fd Av., Okeechobee, FL 34974 City Hall — 763-33 72 City Administrator's Desk City Council meeting of July 21. 2009 New and Unfinished Business: • County special assessment — EMS/Ambulance — (Ord #1046) - Attached is opinion from Atty Cook that essentially refutes BOCC Chair Betts's assertion that the County can enact an assessment without the Council's approval - I've rec'd numerous inquiries from the Council on the EMS and have arranged several County reps to be present at the 7/21 meeting - Attached is some of the `answered' statistical inquires. The reps present should present an updated timeline which calls for the County to 'adopt' the ordinance on 7/29/09 (prior to the City) with a final rate assessment passage on Sept 101n • Economic Council request to consider moratorium on Impact fees — a letter will be read by Tara Minton (Appearance) at the meeting requesting the suspension. I've attached a memo denoting the 'pros/cons' of the moratorium. • Budget/ Millage rate aaen_ da item — The City is required to establish the maximum millage rate at this meeting along with passage of the timeline (Trim calendar) for hearing/adoption. Recall this should be a formality (compared to the actual budget workshop and eventual actual millage determination) and the staff recommended maximum millage rate for the purposes of this process will not (unless something bizarre happens) be the final rate. That is why we are recommending the 'rollback/rollforward rate'. • Appearance —Jim McCoin (Cowboys) requesting liquor sales on Sunday within the City limits. Currently the City (and County) allows only beer/wine on Sundays from 1:00pm to midnight. • Appearance — Terry Burroughs — will be addressing the Council about Nat'l Day of the Cowboy events to be held July 25tn • Appearance — Ed O'Roke requesting allowance of a trailer along SE 6tn St, north of SE 41n St. This request comes with much history, but boils down to the requirement that the owners need to make a building permit request which will trigger addressing some of the other issues, setback problems, encroachments, etc. • Handicapped (chair lift) accessibility to City Hall — Bids opened 7/13/09 and are less than the $50k budgeted. The bid tab is attached to the Agenda. Oscar visited SE Elevator, Ft Pierce, and his report is enclosed in the packet. Page 1 7121109 report cont'd • Parking Dedication Restrictions on the ROC and Mission House pkq lots — requested by the Tech Review Committee for the First Baptist Church expansion project is on the Agenda, see exhibit 7. • Dedicate 20' X 300' parcel to the City - The owners of that property on the SW corner of SW 21" St and 441 south (Goodbreads) wish to now dedicate the parcel that was in question before in connection w/ the prior development. I am having Atty Cook prepare the appropriate documents. • Lemkin Creek project - back on the table but downsized some. Several months ago SFWMD advised that the project was being table due to the fact that there were a few other more cost-effective projects SFWM was sinking their teeth into. Besides, City staff had some reservations about the viability of the project anyway. The project has always been sold as a water quality effort vs. the City's more pressing issue of flood control. The new project appears to be much the same but possibly scaled back due to affordability. Unfortunately, inadequate acreage is still not avail to absorb the kind of rainfall produced in a significant rain event ... i.e. Wilma, Fay. One observation was that the facility, once constructed, would alleviate maybe 1" (one inch) of an extreme event, hopefully reducing the peak damage to the 5200 acre SW drainage corridor. There was some brainstorming, w/ the concept of water diversion etc The new project approach will be reviewed at a coming meeting w/ 'direction' hopefully arrived at in October/Nov • Canal project on the 'airport' ditch - south of the Nursing home. The County has finally removed the broken culvert pipe and debris and reshaped the badly eroded ditch at that location. The City will not be contributing to the project. About a week or so ago, however, more erosion was realized and a bit more work needs to be done. • Sidewalk construction - The Public Wks Dept will be working on handicapped accessibility at the intersection of SW 6th St and SW 5th Av (the proximity of Central School) along with a curb cut in mid 600 block on the east side of Central, with the school paying for the material on that one. The City has done a commendable job on cleaning up this much needed school area, making it safer, cleaner and now'compliant'. • Leland Dyals request— Letter written to FDOT and letter to City from FDOT denying the request to use curb cut. Additional letter sent to Rep Mike Horner requesting his support. • Group Health Insurance follow-up — The City faced an 18.9% premium increase but we took action to reduce same by offering two plans with the Aetna, decreasing are anticipated health insurance cost by almost $40,000. The employer cost with the present Aetna plan would have been an increased cost of $43,686, instead of the current $4,172. 70% of employees have chosen to continue with the present plan and participate in payroll deductions of a minimum of $24.91 bi-weekly or at an annual cost (direct out of pocket expense) of $647.66 (of course if they chose dependent coverage their cost were considerably more). Page 2 7121109 report cont'd • Economic Council had Dale Milita appear at a meeting to hear what the City/County/OUA lobbying efforts included. The EDC has been working on improving the Legislative Delegation procedure. • Radio (SLERS) system — As of this date I still do not have an Agreement prepared for the City Council from the County consultant. • Railroad Depot — Sent an email to the CSX rep on 6/23/09 reiterating the hardship the City would realize in meeting the prior Letter of Intent in light of insurance parameters. • Shop locally initiative Our Okeechobee — Ec Dev Council and the Chamber initiative - next meeting is scheduled for July 22"d • Animal Control Interlocal Agreement — No meeting has been rescheduled with the County (the County called this meeting a few weeks ago to, suspect discuss increasing fees). • Census — As part of the Census process the specialist assigned to the City will help us coordinate w/ the County and set up a committee. We will be soliciting for those committees. • Alley use Agreement — Steve Nelson, Okeechobee Drugs, contacted the City about the applicability of our Alley use Agreements, as it relates to the improvements he made to the alley behind his store. He indicated he may attend a meeting in May. What may make this a mute point is that Donnie and l have been working on prelim design to refurbish the all the alleys, incl this one w/ the next asphalt program... haven't explained this to Mr. Nelson tho'. • Main Street `adopt a median' project - Some time ago the City was approached from a few businesses about a median/bled maintenance program wherein the business is recognized w/ a sign. The Council kind of shelved the idea due to `commercialization', 1 think, on the sign placement issue. The Main Street approach may be a better plan and they supplied a sample Agreement. Please advise if you wish to have this matter re-evaluated? Other Issues by Dept: Attorney: • NW 12 St, 800 blk property — The Council took action to accept ownership of the nuisance property in lieu of essentially foreclosing on $20, 000 +/- in liens for that property and the property at 803 NW 12tn St. and has cleaned up the property. The property is then to be transferred to Habitat for Humanity. • Billboard dispute(s) — Atty Cook wrote a letter to plaintiffs indicating the City adopted a new ordinance and inquiring about the status of suit. Complainant has subsequently asked about mediation again. Finance: • Budget/Revenue study — Staff met with Ken Small, FL Leag, on 3/26 to review all sorts of State and local issues. Over the next few months we will try to unveil some of the ideas in connection with the budget. Page 3 7121109 report cont'd Fire: • Activity report for June is attached. • Banners — I mentioned in a cpl of emails that as part of the Sign Ord the City is grappling with banners and how to adequately enforce placement compliance. We developed a brief application process (without fees) that will be completed by Code Enforcement. General Services: • Activity report for May -June is attached. Police: • Law Enf Trust Fund — Resolution #09-10 on the Agenda, provides for the City to commence with confiscation of vehicle - some time ago the City stopped seizing and compounding properties (ex. Cars) associated with drug arrests because there was a pending court case that challenged local jurisdictions ability. Apparently that case has been completed and local law enf agencies are again seizing property. Chief Davis has requested clarification from Atty Cook on the matter. Public Works: • DOT and CSX crossing — This is very concerning to the City!! The only update we are receiving is that there is a delay due to securing the material needed to fix the intersection ... we are sill meeting w/ resistance on fixing one lane at a time or bldg an alternate temporary lane. CSX is estimating one week, between 711109 and 8115109. One concern is that, according to their plans, 441 will be completely closed during that time and all traffic will be diverted to NW 9"' Avenue. • Water Supply Facilities Plan — Last week I contacted LaRue's office and was assured they are working on same. The City did receive reimbursement for half the cost from OUA ... an unexpected surprise. Bill Brisson, John Hayford and / had a mtg some time ago. We reviewed SFWMD assertion that there is an expired Consumptive Use Permit. OUA provided communication that they are operating under the existing permit and the renewal is being worked on. OUA provided, thru Kimley-Horn, the County's draft Plan. • Canal spraying - met with Steve Nelson and reviewed process. Spoke with SFWMD about funding of dredging and found no monies avail, but was referred to FEPA... investigating same • Stimulus -funded $300k sidewalk program — Confirmed with FDOT that they will be bidding the project, due to impossible time -restraints on the City (their interpretation) ... expect bids to be reed in August. • Work program — will be participating in the CORE (Comprehensive Offender Rehab Program), court ordered community work program, with participants working on cleaning/weeding etc. mostly on weekends. • Machine Building — I am still working on this project and have solicited some input from City Council members. Will be discussing this during our budget process. Page 4 O o ym _ m p �S City 19154, of Okeechobee July 15, 2009 MEMO re: EMS special assessment At our joint city/county meeting of July 9, you may recall that special counsel for the county, in response to a questions by Chairman Betts, offered her opinion that under certain case law she was familiar with, that the county could impose the assessment within the city of Okeechobee without the consent of the city council. It does not appear that the county intends to proceed without consent from the City. However, I have not seen that case law, but it seems clear to me under chapter 125, Florida statutes, that the county is prohibited from enacting a special assessment within the city without city council approval. For instance: Sec. 125.01 (5)(a): ".....the governing body of a county shall have the power to establish special districts to include both incorporated and unincorporated areas, subject to the approval of the governing body of the incorporated area affected, within which may be provided municipal services and facilities from funds derived from service charges, special assessments, or taxes within such district only." Sec. 125.0101: ".....a county shall have the power to contract with a municipality or special district within the county for fire protection, law enforcement ....... transportation and other essential facilities and municipal services. Such services shall be funded as agreed upon between the county and municipality or special district." Without inclusion of the city for EMS assessments, the entire formula worked up by their financial consultant would be greatly affected, as you well know. If the county were to proceed with the assessment without council approval, our remedy could only be litigation based upon current case law and these statutes. Jcook City Attorney 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 ^ (863) 763-3372 • Fax: (863) 763-1686 Page 1 of 1 bwhitehall From: "Kimberly Rodgers" <krodgers@co.okeechobee.fl.us> To: "'bwhitehall"' <bwhitehall@cityofokeechobee.com>; "'Lyndon Bonner"' <Lbonner@co.okeechobee.fl.us>; "'Robbie Chartier"' <rchartier@co.okeechobee.fl.us> Cc: "'Ray Domer"' <rdomer@co.okeechobee.fl.us>; <nchandler@co.okeechobee.fl.us>; <cbetts@co.okeechobee.fl.us>; <mhelton@co.okeechobee.fl.us>; <jhoover@co.okeechobee.fl.us>; "'Jim Threewits"'<jthreewits@co.okeechobee.fl.us>; "Kelly Miles" <kmiles@co.okeechobee.fl.us>; <nhopkins@co.okeechobee.fl.us> Sent: Thursday, July 16, 2009 9:27 AM Attach: Re_ ems.eml; Final Assessment Memorandum EMS adoption v1.pdf Subject: RE: ems Mr. Whitehall, Good Morning, I will be delivering the "financial" information you requested on July, 14th this morning. To answer some of your questions, 1) Financials provided by hand delivery 2) Total billing for EMS from October 1, 2006 through September, 30, 2007 is $1,189,874.00 3) Amount collected to date is $629,500.00 4) The County contracted with ADPI, (Advanced Data Processing, Inc.) to collect billing, beginning June 1, 2008. 5) This will be addressed by our consultant, Mr. Lee Evett. He will be prepared to discuss the "apportionment" method used to arrive at the rates presented in the Final Assessment Memorandum. 6) Information hand delivered 7) Information hand delivered. I am also attaching the "Final Assessment Memorandum" to this email. This document is the basis used to establish the EMS program, to initiate the Ordinance, Initial Rate Resolution, and conducting the workshops. I am emailing this document to our Commissioners today, and this document will be "officially" received by our Board at the July 29th meeting (workshop, adoption of Ordinance, adoption of Initial Rate Resolution). I hope this answers most of your questions, if you should need anything further, please let me know. We look forward to seeing you and your councilmen at your July 21 st meeting. Regards, Kimberly C. Rodgers Administrative Assistant Okeechobee County 312 NW 3rd Street Room 206 Okeechobee, FL 34972 Ph: 863-763-9312 Fax: 863-763-0118 Public Records Notice. Florida has a vet -, broad Public Records Low. Written cOrilrr77O]icatians to or fi ont State and Local Of regarding State or Local business are public records available to the public and media upon request. "Under Florida law, email addresses are public records. If}-oit do not wan! your email address released in response to a public records regtte.st, do Not send electronic mail to this erniti%. htstead. contact this office br phone or in wrifing. " 7/16/2009 OKEECHOBEE COUNTY, FLORIDA FIRE / RESCUE FUND , r4G4 SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2008 Variance with Final budget - Budgeted Amounts Positive Original Final Actual (Negative) Revenues Intergovernmental $ 4,800 $ 4,800 $ 7,334 $ 2,534 Charges for services 633,100 633,100 959,437 326,337 Special assessments 2,827,176 2,827,176 2,773,200 (53,976) Interest 40,000 40,000 22,458 (17,542) Miscellaneous 1,359,083 1,359,083 1,171,142 (187,941) Total Revenues 4,864,159 4,864,159 4,933,571 69,412 Expenditures Current: Public safety 4,496,372 4,530,439 4,416,060 114,379 Capital outlay 737,445 1,207,778 399,174 808,604 Debt service: Principal 108,215 101,080 108,215 (7,135) Interest 113,325 120,460 113,326 7,134 Total Expenditures 5,455,357 5,959,757 5,036,775 922,982 Excess (Deficiency) of Revenues Over (Under) Expenditures (591,198) (1,095,598) (103,204) 992,394 Fund Balances, beginning of year 1,576,041 1,170,780 490,052 (680,728) Fund Balances, end of year $ 984,843 $ 75,182 $ 386,848 $ 311,666 TITLE ANNUAL HOURLY F�relM;edre 49,038.08 16.8400 IS Q 71,408.06 24.5220 Fire Medic 43,825.60 15.0500 lrefftedic 46,475.52 15.9600 71,408.06 24.5220 tredir�dre. '' 42,253.121 14.5100 F�relMetlic 48,717.76 16.7300 Firefighter/EMT 48,776.87 16.7503 Frre/Medic 59,509.05 20.4358 Firefighter/EMT 33,633.60 11.5500 Firefighter/EMT 33,633.60 11.5500 Firefighter/EMT 33,633.60 11.5500 56,201.60 19.3000 Fjr/MIC :' �." "" ... ... 42,282.24 14.5200 I'rr:/l4edre. .: 42,282.24 14.5200 Frre. Mcc' 59,509.05 20.4358 Flre/Mid�c _ ._ 42,282.24 14.5200 Flf /d#c, 43,825.60 15.0500 FtrefMedie ,"" " 48,310.08 16.5900 FireNldic 56,754.88 19.4900 ,Fit M d 59,142.72 20.3100 43,534.40 14.95 Free Medic` 43,825.60 15.0500 Fit& Te, tc: " '_ - ,_..-_ 42,253.12 14.5100 Fire Medic ` 42,253.12 14.5100 71,408.06 24.5220 F«e/Me)c . :` . ' = : 43,825.60 15.0500 71,408.06 24.5220 Frrcfl�lled�+r 59,509.05 20.4358 42,253.12 14.5100 Firefighter/EMT 34,652.80 11.9000 43,825.60 15.0500 71,408.06 24.5220 42,282.24 14.5200 71,408.061 24.5220 Fire/Mia 157,570.241 19.7700 Lt. Average EMT Average Medic Average 71,408.06 48,776.87 49,038.08 71,408.06 33,633.60 43,825.60 71,408.06 33,633.60 46,475.52 71,408.06 33,633.60 42,253.12 71,408.06 34,652.80 48,717.76 71,408.06 184,330.47 59,509.05 428,448.36 36,866.09 56,201.60 71,408.06 42,282.24 42,282.24 59,509.05 42,282.24 43,825.60 48,310.08 56,754.88 59,142.72 43,534.40 43,825.60 42,253.12 42,253.12 43,825.60 59, 509.05 42,253.12 43,825.60 42,282.24 57, 570.24 1,201,541.87 48,061.67 City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administraffir Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhitehall(ir cityofokeechobee.com * * * *Memorandum 101916 DATE: for July 21, 2009 City Council meeting TO: Mayor & City Council FR: Adm Whitehall CC: India Riedel, Finance Betty Clement, Gen Sery RE: IMPACT FEE SUSPENSION DISCUSSION Pros: • Hopefully an abatement will prompt investment in new development • Developers have problems getting loan proceeds to pay Impact fees, which causes a financial leveraging burden • Some of the other communities are suspending fees and it will appear that the City is `anti -development' oriented. The Ec Council is advocating Cons: • The orig concept, still valid, was to alleviate the new development financial burden to tax payers and saddle the developer with those costs. • The City is struggling to balance the budget and suspension of any revenue is self- defeating. • There hasn't been any definitive statistics to substantiate an increase in building as a result of impact fee abatement ... at least none provided or published; in fact the opposite is true. • The City still has the legal obligation to fulfill purchases through impact fee collection. The City purchased a fire brush truck, borrowing from other departments, which has to be paid back. • Those developments in progress or just finished (as well as those starting just after the suspension is lifted) will not be able to take advantage of the discount. • The City previously addressed the issue at the Apr 21, 2009 mtg. • There is no scientifically (statistically) determined start or end to the moratorium ... such as unemployment rate, building permit activity, etc Page 1 of 2 Attached, please find a copy of the latest impact fee collection report. Attached, please find the Building Dept's latest bldg activity report. Impact fee funded capital costs from Pg 7 - May 07 Report: Fire Mini Pumper/Brush Vehicle $ 200,000 Ladder Truck (upgrades) $ 50,000 Fire Engine/Pumper $ 500,000 Communication System $ 200,000 Portable Radio's $ 35,000 New Tone Out System for Dispatchers $ 200,000 Bunker Gear $ 14,000 Special Ops, inc Homeland Security $ 100,000 $ 1,299,000 Law Enforcement Tasers $ 8,050 Motorola Radios & Command System $ 39,305 Law Enforcement CPU System $ 100,000 Intoxilizer $ 6,300 Office Expansion & Upgrade $ 5,000 Squad Cars & Equipment $ 1,324,800 $ 1,483,455 Public Works Tractor Mowers $ 120,000 Dump Trucks $ 100,000 Sidewalks $ 100,000 Building Equipment $ 10,000 City Barn Addition $ 200,000 Drainage Improvements $ 2,320,000 Road Construction $ 300,000 $ 3,150,000 City Total $ 5,932,465 As always, if you have additional questions, please feel free to contact me. Page 2 of 2 To: From: RE: Date: Brian Whitehall, City Administrator India Riedel, Finance Dept. Impact Fees July 10, 2009 Below is a listing of Impact Fees recorded since the inception of Ordinance No. 985. These receipts total $70,644.71 for all seven (8) projects/homes. Law Name Admin Fee Enforcement Fire Protection Transportation State Farm $ 105.45 $ 114.00 $ 254.60 $ 475.00 Jersey Mikes $ 139.44 $ 127.40 $ 107.80 $ 72.80 Southeast Milk $ 58.22 $ 64.80 $ 234.00 $ 637.20 Southeast Milk $ 19.40 $ 21.60 $ 78.00 $ 212.40 Park Place (Hampton Inn) $ 4,126.80 $ 15,330.00 $ 28,220.00 $ 15,045.00 FY 2007/2008 $ 4,449.31 $ 15,657.80 $ 28,894.40 $ 16,442.40 Blaine Ellison $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 199.80 $ 216.00 $ 482.40 $ 900.00 Smith, Rosa $ 195.30 $ 356.00 $ 405.00 $ 745.00 FY 2008/2009 $ 590.40 $ 928.00 $ 1,292.40 $ 2,390.00 Impact Fee Totals $ 5,039.71 $ 16,585.80 $ 30,186.80 $ 18,832.40 Total Impact Fees Collected to Date $70,644.71 CITY OK OKEECHOBEE YEARLY PERMIT TOTALS COMPARISON Jul-09 2003 2004 2005 2006 2007 2008 2009 January February March April May June July 45 44 39 48 42 31 54 32 27 55 44 50 33 53 95 125 97 117 87 106 80 69 60 76 43 91 60 60 42 67 55 42 61 67 48 26 43 32 41 29 47 56 35 36 24 43 39 50 August 30 55 80 39 52 32 September 47 35 76 39 33 39 October 48 127 51 41 35 26 November 35 85 53 36 28 21 December 17 125 53 24 25 23 Total 480 721 1020 638 655j 415 227 2009 annualized - - - - - - 454 CITY OF OKEECHOBEE FIRE DEPARTMENT STATUS REPORT 13-Jul-09 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: June 2009 Status Report INCIDENTS Total of 83 Calls Fires 3 Med/rescue 69 Haz mat 3 Service Call 3 Good Intent Call 1 False Alarm/Cancelled 2 Misc. 9 PLAN REVIEWS and INSPECTIONS (Chief Smith reviewed the following): Total plans reviewed: 2 SETS OF PLANS INSPECTIONS: 8 Inspections INSPECTIONS (Annual, New Business, New Owners, etc.) On duty Fire Inspectors: 11 (Fire and Life Safety Inspections) Field Inspections: Sprinkler inspections at Hospice and Hampton Inn MEETINGS (Chief Smith attended the following): * Council * Administrator's Staff * Met with Donnie Oden to discuss old Courthouse Fire Protection issues * Lt. Hodges met with Dr. Adelberg (medical agreement) * Met with Okeechobee Health Care Facility Supervisor (procedural issues) * Chief Smith spoke with VNA Life Safety Contractor about facility protection * Attended Budget meeting with administrator and India * Conducted Fire Department Staff Meeting * Spoke with Steve Dobbs about First Baptist Fire Protection and Life Safety Plans * Spoke with Fire Alarm Company dealing with El Amigo's to keep system up to date * Administrators office (banners) * Mr. Markum (hospice) FIRE PREVENTION & PUBLIC RELATIONS * Mitigated a Bee Removal * Assisted Donnie at the industrial park with the burn pile TRAINING * Fire Crews conducted/participated in monthly in-house training through out the month utilizing the FETN training network and applying training in the field for practical exercises. * Firefighters conducted EMS training * USAR special ops team participated in annual training for CEU's * Lt. Hodges attended and passed the PIO course PERSONNEL Conducted annual evaluations for Lt. Hodges and Firefighter Crum Station has full compliment of firefighters available at this time (paid) Station has two volunteers that are fully certified at this time Volunteer Samuels shall be leaving for Iraq in July (as a firefighter for private company) MISC. * Medical Directors Contract still needs to be completed * Chief Smith assisted Lane with interviews for part-time personnel STATION AND EQUIPMENT * Station floors cleaned by Scotts (annual/semiannual cleaning) * Station Generator had annual service performed * Bees suits have come in handy and were a good addition to the protective gear * Annual hose testing updated on records * Engine 6 a/c repaired after several months of waiting for parts * Ice machine repaired/serviced * Walls in bay repaired (stucco) due to damage * Bay floors scheduled to be painted for safety reasons NOTE: Expect Brush Truck delivery in September 2009 Code Enforcement * Fred and I attended the annual Code Enforcement Conference Weeks of: Betty J. Clement May 6, 2009 through General Services Coordinator June 10, 2009 Activity Sheet Building Department - Independent Inspections, Ltd. X Issued 54 building permits for the period and 13 BTR inspections. X 8 outstanding and 4 failed BTR inspections. X John Daum will cover for Ray, Friday June 12th, X Old Courthouse renovations in progress. X Hampton Inn anticipated grand opening September 2009. X Permit pending for New American Physical Therapy, need add'I plan info.(suspect impact fees as the deterrent) Note: Article in Okee News, County to consider suspending Impact Fees for 1 year to be discussed at next Commission meeting, June 111h. X Burger King still in remodeling process. X Anticipate receiving permit for VNA assisted living facility as all requirements have been accomplished. Still e-mailing information for the permit. X MidFlorida Credit Union will be submitting building permit, Attorney Cook working on pedestrian easement. No further news. X New restaurant, Skipjack's has passed all inspections and is ready to open for business. Zoning/Land Use/Special ExceptionsNariances — No applications or petitions received for June. Planning Board — No Planning Board meeting June. Technical Review Committee — TRC to hear two reviews. One for street closing,1420 SW 3rd Ave. and First Baptist Church (2nd) for the first phase of their 10 year project for auditorium and classrooms. Additional information has been supplied by the engineer. General Services — Submitted proposed budget for 2009/10 as well as duties, accomplishments and objectives to Finance department. Reworked the City Hall Vertical Lift and Handicap Accessibility Bid. Capable of e-mailing bid and specs. Have e-mailed 6 bids and specs to potential bidders. The bid opened June 1st, with mandatory pre bid meeting set for June 23rd and bid opening to be July 7th. Also received 3 quotes for electrical work to be done in connection with the bid. Created new Vendor preference form in connection with ordinance #1044. Temporary Use Permits — No TUP submitted. Bids — City Hall Vertical Lift and Handicap Accessibility, opening July 7, 2009. Public Works Department — Assisting Donnie on e-mails, utility permits, payables, and citizen requests. Patty — Patty is now working M-W-F 8-4:30 p.m. to coincide with the Building Official. Betty J. Clement General Services Coordinator Activity Sheet Building Department - Independent Inspections, Ltd. Weeks of: June 11, 2009 through July 16, 2009 X Issued 34 building permits for the period and 7 BTR inspections. X 4 outstanding and 3 failed BTR inspections. X Old Courthouse renovations in progress. X Hampton Inn anticipated grand opening September 2009. X Permit pending for New American Physical Therapy, need add'I plan info.(suspect impact fees as the deterrent) Note: Article in Okee News, County to consider suspending Impact Fees for 1 year to be discussed at next Commission meeting, June 11th. Nothing yet. (7/16/09) X Burger King completed. X Anticipate receiving permit for VNA assisted living facility as all requirements have been accomplished. Still e-mailing information for the permit. Waiting (7/16/09) X MidFlorida Credit Union will be submitting building permit, Attorney Cook working on pedestrian easement. No further news. Eastment ready -no permit yet (7/16/09) X New restaurant, Skipjack's has opened for business. X Annie's consignment shop relocated with a lot of help from Ray. X Osiel Luviano, PB member offered to re -roof the pavilion in Park 4 free of charge. Will work with JD Mixon and Kiwanas. X Shoppes on the Boardwalk was issued building permit for building number 3, shell, and two buildout permits were issued for building number 2. (Billiard Hall and Rest.) Zoning/Land Use/Special Exceptions/Variances — One petitions received for July. Planning Board — The planning board will hear their first street closing petition. This is a request for recommendation to close SW 15th Street from SW 31d Avenue to dead-end, requested by Arbogast's. Technical Review Committee — No TRC meeting for July. General Services — Bid opening for City Hall Vertical Lift and Handicap Accessibility, July 13th. Bid tab posted, and letter of recommendation supplied for the Council meeting on the 21sc. Temporary Use Permits — No TUP submitted, however two (2) should have been applied for. Applicable parties have been notified. Bids — No new bids at this time. Public Works Department —Assisting Donnie on e-mails, utility permits, payables, and citizen requests. Patty — Patty will be going on vacation July 23 through August 6rn.