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2009-08-04I. CALL TO ORDER - Mayor: August 4, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Councilman Dowling R. Watford, Jr.; 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. MINUTES - City Clerk. CITY OF OKEECHOBEE AUGUST 412009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the August 4, 2009 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Watford; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present PAGE 1 OF 3 327 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 July Council Action for the July 9, 2009 City/County Joint Workshop, the 9, 2009 City/County Joint Workshop, the July 21, 2009 Regular Meeting and the July 29, 2009 City/County Workshop; July 21, 2009 Regular Meeting and the July 29, 2009 City/County seconded by Council Member O'Connor. There was no discussion. Workshop. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 328 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. AUGUST 4, 2009 - REGULAR MEETING - PAGE 2 OF 3 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1046 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1046 regarding the Emergency Medical the Emergency Medical Services Tax Assessment - City Attorney Services Tax Assessment; seconded by Council Member Williams. (Exhibit 1). b) Vote on motion to read by title only. 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 THEINCLUSION OFALL OF CITY MTHINAN AREA.DESIGNATEDBYOKEECHOBEECOUNTYTOPROWDEEMERGENCYMED/CAL SERVICES, PROVIDING FOR ANNUAL RENEWAL OF SUCH REQUEST AND CONSENT; PROVIDING FOR SEVERABIL►TY; AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1046, Council Member Markham moved to adopt proposed Ordinance No. 1046; seconded by Council Member Watford. b) Public comment and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for Council discussion. County Administrator Bonner, Assistant Administrator Threewits, Fire Chief Hopkins and Mr. Lee Evett, consultant, were present to address their questions. Each Council Member took the opportunity to ask questions for further clarification, add their comments on the matter, and again noted that they felt forced or compelled to adopt the proposed ordinance, as the only alternative at this time to provide adequate EMS services for their constituents. Mayor Kirk, Council Members Watford and Markham each voiced their objection to including the churches within the Special Assessment. The rates and structure of the rates will be adopted by the Board of County Commissioners, the City Council can only request they consider to amend the proposed language to exclude the churches. 329 AGENDA,: VI. PUBLIC HEARING CONTINUED. A. 2. b) Public comment and discussion continued on proposed Ordinance No.1046. C) Vote on motion. VII. CLOSE PUBLIC HEARING AND ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTF�S ! James E. Kirk, Mayor Lane, amiotea, CMQ City Clerk AUGUST 4, 2009 - REGULAR MEETING - PAGE 3 OF 3 COUNCIL ACTION - DISCUSSION -VOTE City Staff was asked again whether there was any research completed for other options the City may have. Again the lack of sufficient time to give qualified information was noted. Council Member Watford recommended that Staff continue with that research. He confirmed that May 1" would be the deadline to notify the County, should we find a better method of providing this service to the City residents. Council Member Markham noted the only reason he was voting for the ordinance was because the City can opt out once they find a better option. Mayor Kirk concluded the discussion by stating how difficult it is has been to explain this to the constituents. "How do you educate them in a manner so they understand, they will have to pay the assessment, and still be billed, should they have to be transported by ambulance?" Mr. Evett responded, the assessment is to have EMS available 24-hours a day, seven days a week, it is expensive to have someone just waiting for your call. The transport bill is only when they are actually transported. VOTE KIRK - YEA MARMAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further discussion nor items on the agenda, Mayor Kirk closed the Public Hearing and adjourned the meeting at 6:59 p.m. The next regular scheduled meeting is August 18, 2009 at 5:00 p.m. together with a Budget Workshop. ®EPEN13 NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 171:11 Street, Suite D, Okeechobee, FL 31974 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, that the attac copy of i advertisement being a �- . , 011 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. ` Iudy Kasten worn o and subscribed before me this d of -= AD 3--aY Notary Public, State of Florida at Large _:NARY pUBLIC-STATE OF FLOFu,3ra Angie Bridges Commission # DD779718 ' Expires: APR. 20, 2012 BONDED TRRU ATLANt7C BONDING CO.,INC- (863) 763-3134 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the aty Council of the Cityof Regular Session on Tuesday August obee will me?t�lne� i.� ems_ Rm 200. Okeedabee,-Fonda. The pur�aaggeedd to attend. that no !ftMraphk record Hp7ICE AND BE ADVISEDAccc reporter wiU be made of the foregolon Inn rig the n >p a any a balm record r who may seek PP�I of do VA be respons ble far making aa I is to vidence at said meetln4 upon ` ny contaU aty AdmInBtraton at 863-763.33 or web ,�, [o abWM a oopl' off Z �ADl �t ..:N, +i,o nmerions witlh city aerk CITY OF OKEECHOBEE AUGUST 4, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER -MAYOR: August 4, 2009, City Council Regular Meeting, 6:00 p.m. V OPENING CEREMONIES: Invocation given by Councilman Dowling R. Watford, Jr.; ✓ 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 Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 9, 2009 City/County Joint Workshop, and the July 21, 2009 Regular Meeting, and the July 29, 2009 City/County Joint Workshop} qhx CI14. VD 2009 PAGE 2 OF 2 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. A.1.a) Motion to read by title only proposed Ordinance No.1046 regarding the Emergency Medical Services Tax Assessment - City Attorney (Exhibit 1). Y Y Vote on motion to read b title only. ✓ 7) b) t c) City Attorney to read proposed Ordinance No.1046. V/ 2.a) Motion to adopt Ordinance No.1046. ��W b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. 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. AUG 4 - FINAL - EXHIBIT NO. --I - 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 EMERGENCYMEDICALSERVICES; 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 No. 1046 Page 1 of 2 ordinance to the County prior to May 1 preceding the fiscal year for which consent is being withdrawn. 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. SECTIONS. EFFECTIVE DATE. This Ordinance shall take effect as provided by law. INTRODUCED for first reading and set for final public hearing on this 2181 day of July' 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4t' 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 F- q- () I r loOi _eNDEPENDENT _ ®NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE 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, that the attached copy of advertisement being a in the matter of t in the 19th J icial 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 affiant 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 uZ the said newspaper. Judy Kasten orn to and subscribed before me this `Y day of _ Cl AD Notary Public, State of Florida at Large U KJC-STA T E OF ; 1. Angie Bride Expires: ssion # � APR.20, 2012 _-till Ann.,, IC PONDING CO., r' PUBLIC NOTICE COflSIDERATIONOFADOPTiNG A C1TY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of on& will on Tuesday, August 4, 2009 at 6:00 p.m. or as sc Mb.le, at City Hall, 55 SE 3rd Ave, Okeechobee, FL cordFARING on and thereafter to consider Beal reading of the h vice EEinEEt,o law: NO. 104&: BAN ORDINANCE OF THE CIT 1CLUSI0 ALL OF L`I7YE5 Nm irAl/n AoeCONsEnc�cN All members of the public are encouraged Ic attend and participate in said hearing. The proposed Ordinance maY be inspected in its entirety by members of the public in the office of the City perk during regular busi- ness hours, Mon -Fri Sanr4.3�m except for holidays. PLEASE TAKE NdfICE AND BE-I(DVISED that no stenographic record by a certified court reporter WIN be made of the foregoing meeting Accordingly,, any who maY seek to appeal any dedsion involving the matters no- nwill be responsible for making a verbatim record of the testi- morhy and evidence at said meeting upon which arty appeal is to be based. �eU Gty Admin[stratlon at 863^763-3372, or website www•clty-. •• to obtain a copy of the agenda. In aaordance wBh the Amerions with Disablltties AR (ADA) of 1990 per- �hould�ihte�ctthe�al aaommodation to partla'pato in this proceeding CRy perk's Office at 863-763-3372 for aststance. - >y:lames E. Kir14 M��ayor Lane Gamtotea, cMC, City perk Mayor Kirk called the August 4, 2009 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Watford; The Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Gamiotea called the roll: Mayor James E. Kirk - present 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 Present Present Present Present Present Present Present Present Absent Present Present Present Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the July 9, 2009 City/County Joint Workshop, the July 21, 2009 Regular Meeting and the July 29, 2009 City/County Workshop; seconded by Council Member O'Connor. There was no discussion. VOTE KIRK - YEA MARKMM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Page 1 of 4 Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1046 regarding the Emergency Medical Services Tax Assessment; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WIIAJAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1046 by title only as follows: "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; PROWD(NGFORANNUALRENEWAL OFSUCHREQUESTANDCONSENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1046; seconded by Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then yielded the floor to the Council to discuss the matter. Council Member Watford began by stating this is a very tough decision. County Staff has provided us with a copy of the preliminary rate resolution, where it exempts the hospital? Question posed to County Staff present. Service I think all say is essential and government should provide for the citizens. Went to meeting when they passed to allow this assessment and it was one of those kind of things no one knew about and happen to go to the meeting, saw it in the paper. Was there as a business person. The words one gave me was were doing this so we'll be able to in case we need to and my gut feeling told me then that is not jus tfor in case. Some real problems we have as a city is 1 the time frame, understand the legalities so you can send the notices out before September 15 and any time you do anything quickly we've all learned is not usually good and the city was not included sooner in this process and maybe we were and I did not know it and we did not get enough time to look at all our options. I do not agree with the methodology to define how this method is divided, this is a people not a property issue and therefore the dividing it into the categories we have are not fair, and its been drilled that it has to be fair. Personal belief churches and non profits should not be in that assessment. All that being said were in a real delimina here, we almost have to pass this, to have the service. Believe City Staff should be working deligently Page 2 of 4 to other options and meet that deadline. Comments from Domer„ don't like part of this and I don't and hard to vote against this and have a call and know my dad needed a Lydon Bonner - page 9, section L. DW, gave city's portion of the assessment. Considering options here, city can write a check, $260,237.00 we could opt out of the assessment portion? Lee Evett Yes. Discussion ensued. DW to BW other options, assuming since haven't received anything, no sufficient time? BW correct. DW can you tell me, has this been challenged in any places? This particular scenero has not been challenged. CW heard RV people got their politics together they had to be assessed a certain way. RV parks have to be assessed. That is correct. Page 7 of EMS resolution. Bad time. Great concern is the rate, how fast its going to take off. What about a cop on there? There is aon it can't go higher than $99 in five years. Guess we will have to leave it up to the county fathers and staff to keep it down. Markham, agree something we are not going to do and have to provide the service. Every body looks at a different part of this thing. The money is my area, don't see anything factored in like more homes coming in, $15,912.00 and didn't figure any new homes being built and kept rate you'd increase about $ if you have a 5% increase in homes and raie the rate the same you're going to be so high, you said the rate is changing each year automatically? Not automattically, BOCC will be setting the rate each year based on the budget amount. Markham, well you se teht budgethow you want of to be to get the amount of money you want ti to be. All you are doign is finding a way to get the income. I disagree with the method. The numbers I've worked on do not work out well, increasing about $60,000.00 per yearjust with residenital, rate raise, increase in homes, so what keepsyou from holding that down? Lee Evett, there are approximately 12, 5% would be 600 homes which we have never done. Lyndon, DW know what Markham is saying, nothing against your staff, if I am a dept head, and I know you got that money, I'm going to say I need four more employees, and be able to justify that, then have to look at those BOCC to really look at the budget and if you have growth techically you have the ability to lower the rate. Bonnor, if we get to the level where we want to provide that service to the citizen and what services can we fund with it. If we get to a point where there are reserves in there. The billing was again questioned. Yes they pay. Transport fee is different than the Availablit fee which is the assessment fee. Markham same as the chuncc should not have to pay. We made suggestions and feel they were not looked at by the BOCC. Markham if there was any other way to put another service, the comment, in there that we have the right to back out only reason I'll go along with it. Watford, reserve have a max level? Bonnor, no we'd probably look at a percentage. Page 3 of 4 Watford, each year, the BOCC will have to set this, by resolution each year? Yes and look at the number and how to calculate it by resolution. Threewits, they will be dealing with all the assessments at the same time. Watford, land fill how fees funding this and have to look at another source, using that logic host fees down, when the economic recovered the host fees will rise? Bonnor yes, but trying to diversify the revenue areas for the county and not be held captive to those fluctuations. Watford concern there and we get the same complaints you never lower anything, my concern is use those funds for other county services and host fees will be used for other county services, then using $1 million and now supplementing something else so if the tax payer Williams have you been involved in using a sales tax, dedicated sales tax to fund this? Palm Beach County recently got one and it is very restrictive. Have to do by referendum. Kirk do not agree churches should be charged this fee. Had a hard time explaining this to constituants. Do not know how to educate them when they know they service has been being paid for. Only way I can see for the city is that we have to participate in this since we do not have any other method of providing the service Page 4 of 4 OKEECHOBEE COUNTY EMS TAX ASSESSMENT PROJECT CRITICAL EVENTS SCHEDULE (2nd and 4th Thursday at 9:00 a.m. EST) Project Manager: Willdan Financial Legal Advisor: Nabors. Giblin & Nickpmnn Event Dat Notice to Proceed Data Collection March 200 March -April 2 00 Proforma Budget Development Proforma Rates April 2 ilidan provides Draft Assessment Memorandum to NG&N and County for review April -May 2 June 15, 2 NG&N and County comment to Willdan re: Draft Assessment Memo NG&N provides draft Ordinance to Willdan for review June 17,200 Willdan provides comments to NG&N re: draft Ordinance June 22, 2 0091 NG&N provides draft oMinance to County for review June 25, 2 NG&N provides Willdan with draft Initial Assessment Resolution for comments June 26, 2 County provides comments to NG&N re: draft June 29,20091 July 2, 2 July 2, 2 ordinance unty provides advertisement for joint public meeting and public workshop to newspaper for uiy 5th publication lidan provides comments re: draft Initial Assessment Resolution to NG&N no later than 3 p.m County provides Ordinance Public Hearing Ad to Newspaper for July 12th publication July 2, 2 July 9,20091 NG&N provides County with draft Initial Assessment Resolution for comments No later than 3 p.m Joint Special Meeting - Public Workshop at 9 a.m. July 7, 2 City pr91 ovides City Consent Ordinance First Reading Public Hparina e.l July 9, 200 CD -- ... � _` Fapwl wr July advertises public hearing for the adoption of Ordinance and Workshop for July 19th Lion. (public hearing to be held on Julv 2901 staff provides comments re: draft Initial Assessment Resolution &N provides Initial Assessment Resolution and Ordinance for agenda deadline Idan provides Final Assessment Memorandum to County for agenda deadline )echobee City Council Workshop and First Reading of City Consent Ordinance (REQUIRES :CIAL MEETING) Lee Evett, present Provides City Consent Ordinance Public Hearing Ad to Newspaper for July 24th publication August 4th, 2nd reading, adoption of the consent ordinance. my Commission adopts Ordinance and Initial Assessment Resolution at 9:30a.m. Evett and Heather Encinosa_ nrpcepnt Provides assessment rate information to Mailing Co. for First Class Notices Co. print and stuff First Class Notices Keecnobee City Council holds second reading and adopts City Consent Ordinance Dunty provides Notice of Public Hearing to adopt Final Assessment Resolution to newspaper it August 21st publication G&N provides draft Final Assessment Resolution to Willdan for comments Ilidan provides comments re: draft Final Assessment Resolution Created: 11-20 08 Revised: 6-23-09 1 July 9, 2 No later than 3 No later I July 16, 2 July 13, 2 July 22, 21 July 15, 21 July 21, July 22, No later than 5 July 29, August 7, 2 August 7 - August August 4, August 19, No later than 3 August 14, August 19, County advertises Notice of Public Hearing to adopt Final Assessment Resolution to run August 19th publication 0 August 17th, 2 No later than 5 p.m Mail First Class Notices to affected property owners Postmarked no later than! NG&N provides County with draft Final Assessment Resolution for comments , 20 August August 20thth, 2 County091 staff provides comments re: draft Final Assessment Resolution NG&N provides Final Assessment Resolution for agenda deadline "County advertises Community Workshop to be held on September 3, 2009 o run August 30th** **Community Public Workshop** Public Hearing to adopt Final Assessment Resolution at 5:01 P.M. August 31, 2 September 3, 2009 August 27, 2009 No later than 3 p.m. September 3, 2009 September 10, 200 aunty certifies Non -Ad Valorem Assessment Roll to Okeechobee County Tax Collector By September 15, 2 Distribution List: Wilkian Financial: Lee Evett - levett@willdan.com Jim Steffens - jsteffers0willdan.com Nabors, Giblin & Nickerson, PA: Heather Encinosa - hen cinosa@ngnlaw com Sarah Blalock - sblalock@ngnlaw.com Okeechobee County: RobbieChartier- rchartier@co.okeechobee fl us IGmberly Rogers -krodgers@co okeechobee fi us John Cassels -jdc@legal-one com Nick Hopldrts - nhopkins@co okeechobee.fW City of Okeechobee Brian Whitehall - bwhitehailOccityofokeechobee.com Created: 11-20408 Revised: 6-23-09 OKEECHOBEE COUNTY, FLORIDA INITIAL EMS TAX ASSESSMENT RATE RESOLUTION ADOPTED JULY 29, 2009 TABLE OF CONTENTS Page SECTION 1. AUTHORITY................................................................................... 1 SECTION 2. PURPOSE AND DEFINITIONS...................................................... 1 SECTION 3. PROVISION AND FUNDING OF EMERGENCY MEDICALSERVICES..................................................................... 5 SECTION 4. IMPOSITION AND COMPUTATION OF EMS TAX ASSESSMENT........................................................................ 6 SECTION 5. LEGISLATIVE DETERMINATIONS OF BENEFIT AND FAIR APPORTIONMENT................................................................ 6 SECTION 6. COST APPORTIONMENT METHODOLOGY ............................... 10 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY .......................... 11 SECTION 8. DETERMINATION OF EMERGENCY MEDICAL SERVICES COSTS- ESTABLISHMENT OF INITIAL EMS TAX ASSESSMENT.............................................................................. 11 SECTION 9. TAX ASSESSMENT ROLL...........................................................12 SECTION 10. AUTHORIZATION OF PUBLIC HEARING .................................... 13 SECTION 11. NOTICE BY PUBLICATION..........................................................13 SECTION 12. NOTICE BY MAIL......................................................................... 14 SECTION 13. METHOD OF COLLECTION......................................................... 14 SECTION 14. APPLICATION OF TAX ASSESSMENT PROCEEDS .................. 14 SECTION 15. EFFECTIVE DATE........................................................................ 14 APPENDIX A: BUILDING USE CODES..............................................................A-1 APPENDIX B: DOR CODES...............................................................................B-1 APPENDIX C: PARCEL APPORTIONMENT METHODOLOGY ........................ C-1 APPENDIX D: ESTIMATED EMS TAX ASSESSMENT RATE SCHEDULE....... D-1 APPENDIX E: FORM OF NOTICE TO BE PUBLISHED.....................................E-1 APPENDIX F- FORM OF NOTICE TO BE MAILED ............................................ F-1 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA, RELATING TO THE PROVISION OF EMERGENCY MEDICAL SERVICES, FACILITIES AND PROGRAMS IN OKEECHOBEE COUNTY, FLORIDA, AND THE IMPOSITION ON AN EMS TAX ASSESSMENT TO FUND SAID SERVICES PURSUANT TO SECTION 125.271, FLORIDA STATUTES; PROVIDING DEFINITIONS; PROVIDING CERTAIN LEGISLATIVE FINDINGS; DESCRIBING THE METHOD OF APPORTIONING EMERGENCY MEDICAL COSTS AGAINST BENEFITTED PROPERTY LOCATED WITHIN THE COUNTY; DIRECTING THE PREPARATION OF AN EMS TAX ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. (the "Ordinance"), sections 125.01, 125.66, and 125.271, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Rate Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. 1 "Building Area" means the actual area of a Building expressed in square feet and reflected on the Tax Roll or, in the event such information is not reflected or determined not to be accurately reflected on the Tax Roll, that area determined by the County. "Code Descriptions" mean the descriptions listed in the EMS Incident Codes and the descriptions listed in the Improvement Codes and the DOR Codes. "Commercial Property" means those Tax Parcels with a Code Description designated as "Commercial" in the Improvement Codes, excluding those Tax Parcels that meet the definition of Hotel and Motel Property and Recreational Vehicle Parks. "Cost Apportionment" means the apportionment of the Emergency Medical Services Cost among all Property Use Categories according to the Demand Percentages established pursuant to the apportionment methodology described in Section 6 of this Initial Rate Resolution. "Demand Percentage" means the percentage of demand for emergency medical services, facilities, or programs attributable to each Property Use Category determined by analyzing the historical demand for emergency medical services as reflected in the EMS Reports maintained by the County under the methodology described in Section 6 of this Initial Rate Resolution. "Dwelling Unit" means (1) a Building, or a portion thereof, available to be used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only, or (2) the use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes. 2 "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County as specified in Appendix B attached hereto and incorporated herein by reference. "EMS Incident Codes" mean the type of property to which the County has recorded an EMS response, as recorded in the EMS Reports. "EMS Reports" mean the incident logs maintained by the County that identify the specifics of each EMS call, including patient information, response location and type of property and response protocol. "Estimated EMS Tax Assessment Rate Schedule" means that rate schedule attached hereto as Appendix D and hereby incorporated herein by reference, specifying the Emergency Medical Services Costs determined in Section 8 of this Initial Rate Resolution and the estimated EMS Tax Assessments established in Section 8 of this Initial Rate Resolution. "Hotel and Motel Property" means those Tax Parcels with a Code Description designated as "Hotel/Motel" in the Improvement Codes. "Improved Property" means any Tax Parcel within the County on which a Building is located. "Improvement Codes" mean the building use codes assigned by the Property Appraiser to Tax Parcels within the County as specified in Appendix A attached hereto and incorporated herein by reference or as assigned by the County to Tax Parcels after field verification. "Industrial/Warehouse Property" means those Tax Parcels with a Code Description designated as "Industrial/Warehouse" in the Improvement Codes. 3 "Mobile Home Park" means (1) a place set aside and offered by a person, for either director indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes; and (2) licensed by the Department of Health of the State of Florida, or its successor in function, as a "mobile home park" under Chapter 513, Florida Statutes, as it may be amended from time -to -time "Non -Residential Property" means collectively those Tax Parcels with a Code Description designated as "Commercial Property" and "Ind ustrial/Warehouse Property." "Parcel Apportionment" means the further apportionment of the Emergency Medical Services Costs allocated to each Property Use Category by the Cost Apportionment among the Tax Parcels under the methodology established in Section 8 of this Initial Rate Resolution. "Property Use Categories" means, collectively, Residential Property, Commercial Property, Industrial/Warehouse Property, and Transient Occupancy Property. "Recreational Vehicle Park" means (1) a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and (2) licensed by the Department of Health of the State of Florida, or its successor in function, as a "recreational vehicle park" under Chapter 513, Florida Statutes, as it may be amended from time -to -time. "Residential Property" means those Tax Parcels with a Code Description designated as "Residential" in the Improvement Codes, including those Tax Parcels that meet the definition of Mobile Home Park, but excluding those Tax Parcels that meet the definition of Recreational Vehicle Park. M "Tax Parcel" means a parcel of property located within the County to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Transient Occupancy Property" means those Tax Parcels that meet the definition of Hotel and Motel Property and Recreational Vehicle Park. "Unit" means (1) the use of land in which lots or spaces are offered for rent or lease for the placement of recreational vehicles within a Recreational Vehicle Park, or (2) the use of land whereby an individual room within a Hotel and Motel is offered for rent or lease to the public for temporary occupancy. SECTION 3. PROVISION AND FUNDING OF EMERGENCY MEDICAL SERVICES. (A) Upon the levy of an EMS Tax Assessment for emergency medical services, facilities, or programs against Benefitted Property located within the unincorporated area of the County and the municipal limits of the City of Okeechobee, subject to the City's consent to the imposition of the EMS Tax Assessment within its jurisdiction, the County shall provide or direct the provisions of emergency medical services to such Benefitted Property. All or a portion of the cost to provide such emergency medical services, facilities, or programs shall be funded from proceeds of the EMS Tax Assessment. The remaining cost, if any, required to provide emergency medical services, facilities, and programs shall be funded by available revenues other than EMS Tax Assessment proceeds. (B) It is hereby ascertained, determined, and declared that each parcel of Benefitted Property within the County will be benefitted by the County's provision of emergency medical services, facilities, and programs in an amount not less than the EMS Tax Assessment imposed against such parcel, computed in the manner set forth in this 5 Initial Rate Resolution. Further, Emergency Medical Services Costs are reasonably apportioned among all Benefitted Properties within the County based upon a methodology that charges a parcel in proportion to the benefits received. SECTION 4. IMPOSITION AND COMPUTATION OF EMS TAX ASSESSMENT. An EMS Tax Assessment shall be imposed against all Benefitted Property within the County, including the municipal limits of the City of Okeechobee. The EMS Tax Assessment shall be computed in the manner set forth in this Initial Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF BENEFIT AND FAIR APPORTIONMENT. It is hereby ascertained and declared that the EMS Tax Assessment is apportioned and levied among Tax Parcels in proportion to the benefits received from the emergency medical services provided by the County under an adopted methodology that is consistent with the following legislative findings and based upon that certain report entitled "Okeechobee County, Florida, Emergency Medical Services Tax Assessment Program," dated as of July, 2009, as prepared by Willdan Financial Services, which is hereby incorporated herein by reference. general (A) Upon the adoption of this Initial Rate Resolution determining the Emergency Medical Services Costs and identifying the Benefitted Property to be included in the EMS Tax Assessment Roll, the legislative findings ascertained and declared in Sections 1.03 and 1.04 of the Ordinance are hereby ratified and confirmed. (B) It is hereby ascertained and declared that the emergency medical services, facilities and programs provide a benefit to Improved Property because such emergency medical services increase the use and enjoyment of Improved Property by: (1) protecting C the life and safety of intended occupants in the use and enjoyment of property; and (2) potentially lowering the cost of property insurance by the presence of a professional and comprehensive emergency medical services program within the County. (C) It is fair and reasonable to use the Building Use Codes and DOR Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and Building Area for Improved Property within the County, and (2) the Tax Roll database within such property use codes is maintained by the Property Appraiser and is thus consistent with parcel designations on the Tax Roll which compatibility permits the development of an EMS Tax Assessment Roll in conformity with the requirements of the Uniform Method of Collection. (D) The data available in the Building Use Codes is more useful and accurate to determine Building Area than relying exclusively upon the date maintained in the DOR Codes alone because (1) the data maintained in the Building Use Codes reveals the existence of a Building with a different use than the use described in the DOR Codes, and (2) the Building Use Codes represent records maintained by the Property Appraiser with the most information relative to Building Area regardless of property use. 7 cost apportionment (E) Apportioning Emergency Medical Services Costs among classifications of Improved Property based upon historical demand for emergency medical services is fair and reasonable and proportional to the benefit received, and will ensure that no property is assessed an amount greater than the special benefit received. (F) The EMS Reports are the most reliable data available to determine the potential demand for emergency medical services from property use and to determine the benefit to property use resulting from the availability of emergency medical services. There are sufficient EMS Reports that document the historical demand for emergency medical services from Benefitted Property within the Property Use Categories. The Demand Percentage determined for each Property Use Category by an examination of such EMS Reports is consistent with the experience of the County. Therefore, the use of Demand Percentages determined by an examination of EMS Reports is a fair and reasonable method to apportion the Emergency Medical Services Costs among the Property Use Categories. (G) The historical demand for emergency medical service availability for multi- family and single family Residential Property is substantially similar and any difference in the percentage of documented EMS calls to such specific property uses is statistically insignificant. (H) The level of services required to meet anticipated demand for emergency medical services and the corresponding annual emergency medical services budget required to fund emergency medical services provided to non-specific property uses would be required notwithstanding the occurrence of any incidents from such non-specific l3 property uses. Therefore, it is fair and reasonable to omit from the Demand Percentage calculation the EMS Reports documenting emergency medical services provided to non- specific property uses. residential parcel apportionment (1) Neitherthe size northe value of Residential Property determines the scope of the required emergency medical response. The potential demand for emergency medical services is driven by the existence of a Dwelling Unit and the anticipated average occupant population. (J) Apportioning the Emergency Medical Services Costs for emergency medical services attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost inefficiency and unnecessary administration and is a fair and reasonable method of Parcel Apportionment based upon historical call data. non-residential parcel apportionment (K) The separation of the Buildings of Non -Residential Property by actual square footage is fair and reasonable for the purpose of Parcel Apportionment because the demand for emergency medical services is determined and measured by the actual square footage of structures and improvements within benefited parcels. (L) The hospital located within the County is a part of the emergency medical services system as the ultimate destination point for patients and does not demand emergency medical services from the County. Accordingly, it is fair and reasonable not to levy an EMS Tax Assessment on the hospital. (M) Government Property provides facilities and uses to the community, local constituents and the public in general that serve a legitimate public purpose and provide a 9 public benefit. Therefore, it is fair and reasonable not to levy an EMS Tax Assessment upon such parcels of Government Property. Accordingly, no EMS Tax Assessment shall be imposed upon Government Property. (N) In accordance with Section 125.0168, Florida Statutes, which mandates that the County treat Recreational Vehicle Park property as a commercial entity in the same manner as a hotel, motel, or other similar facility for non -ad valorem assessments levied by the County, it is fair and reasonable to treat each space within the Recreational Vehicle Parks and each room in Hotel and Motel Property as a Unit because the potential demand for emergency medical services is driven by the existence of these rental Units and the anticipated average occupant population thereof. SECTION S. COST APPORTIONMENT METHODOLOGY. (A) The County examined the EMS Incident Codes in the EMS Reports and assigned emergency medical incidents located within the County to Property Use Categories. (B) Based upon such correlation of EMS Reports to Property Use Categories, the number of EMS Reports filed within a sampling period was determined for each Property Use Category. A Demand Percentage was then determined for each Property Use Category by calculating the percentage that EMS Reports allocated to each Property Use Category, bear to the total number of EMS Reports documented for all Property Use Categories within the sampling period. (C) The Demand Percentage for each Property Use Category was then applied to the Emergency Medical Services Costs and the resulting product is the cost allocation of 10 that portion of the Emergency Medical Services Costs allocated to each individual Property Use Category. SECTION 7. PARCEL APPORTIONMENT METHODOLOGY. (A) The apportionment among Tax Parcels of that portion of the Emergency Medical Services Costs apportioned to each Property Use Category under the Cost Apportionment shall be consistent with the Parcel Apportionment methodology described and determined in Appendix C. That Parcel Apportionment methodology is hereby approved, adopted, and incorporated into this Initial Rate Resolution by reference. (B) It is hereby acknowledged that the Parcel Apportionment methodology described and determined in Appendix C is to be applied in the calculation of the estimated EMS Tax Assessment rates established in Section 8 of this Initial Rate Resolution. SECTION 8. DETERMINATION OF EMERGENCY MEDICAL SERVICES COSTS; ESTABLISHMENT OF INITIAL EMS TAX ASSESSMENT. (A) The Emergency Medical Services Costs to be levied and apportioned among Benefitted Property for the Fiscal Year commencing October 1, 2009, is the amount determined in the Estimated EMS Tax Assessment Rate Schedule, attached hereto as Appendix D. The approval of the Estimated EMS Tax Assessment Rate Schedule by the adoption of this Initial Rate Resolution determines the amount of the Emergency Medical Services Costs. The remainder of such Fiscal Year budget, if any, for emergency medical services, facilities, and programs shall be funded from legally available County revenue other than EMS Tax Assessment proceeds. (B) The estimated EMS Tax Assessments specified in the Estimated EMS Tax Assessment Rate Schedule are hereby established to fund the specified Emergency 11 Medical Services Costs determined to be assessed in the Fiscal Year commencing October 1, 2009. No portion of such Emergency Medical Services Costs are attributable to impact fee revenue that funds capital improvements necessitated by new growth or development. Additionally, no portion of such Emergency Medical Services Costs are attributable to the County's Fire Rescue Assessment program. (C) The estimated EMS Tax Assessment established in this Initial Rate Resolution shall be the estimated tax rates applied by the County Administrator in the preparation of the preliminary EMS Tax Assessment Roll for the Fiscal Year commencing October 1, 2009, as provided in Section 9 of this Initial Rate Resolution. (D) The estimated maximum EMS Tax Assessment rates specified in the Estimated EMS Tax Assessment Rate Schedule are hereby established. The estimated maximum EMS Tax Assessment rates shall be applied by the County Administrator in the preparation of the notices required by Sections 12 and 13 hereof. SECTION 9. TAX ASSESSMENT ROLL. (A) The County Administrator is hereby directed to prepare, or cause to be prepared, a preliminary EMS Tax Assessment Roll for the Fiscal Year commencing October 1, 2009, in the manner provided in the Ordinance. The EMS Tax Assessment Roll shall include all Tax Parcels of Improved Property in the Property Use Categories within the County. The County Administrator shall apportion the estimated Emergency Medical Services Cost to be recovered through EMS Tax Assessments in the manner set forth in this Initial Rate Resolution, which is designed to charge a parcel in proportion to its benefits. 12 (B) A copy of this Initial Rate Resolution, documentation related to the estimated amount of the Emergency Medical Services Cost to be recovered through the imposition of EMS Tax Assessment, and the preliminary EMS Tax Assessment Roll shall be maintained on file in the office of the County Administrator and open to public inspection. The foregoing shall not be construed to require that the preliminary EMS Tax Assessment Roll be in printed form if the amount of the EMS Tax Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (C) It is hereby ascertained, determined, and declared that the method of determining the EMS Tax Assessment for emergency medical services as set forth in this Initial Rate Resolution is a fair and reasonable method of apportioning the Emergency Medical Services Cost among parcels of Benefitted Property located within the County. SECTION 10. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 5:01 p.m. on September 10, 2009, in the County Commission meeting room in the Okeechobee County Health Department Auditorium, 1728 NW 9th Avenue, Okeechobee, Florida, at which time the Board will receive and consider any comments on the EMS Tax Assessment from the public and affected property owners and consider imposing EMS Tax Assessments and collecting such charges on the same bill as ad valorem taxes. SECTION 11. NOTICE BY PUBLICATION. The County Administrator shall publish a notice of the public hearing authorized by Section 10 hereof in the manner and time provided in Section 2.04 of the Ordinance. The notice shall be published no later than August 20, 2009, in substantially the form attached hereto as Appendix E. 13 SECTION 12. NOTICE BY MAIL. The County Administrator shall also provide notice by first class mail to the Owner of each parcel of Benefitted Property if required by Section 2.05 of the Ordinance, in substantially the form attached hereto as Appendix F. Such notices shall be mailed no later than August 20, 2009. SECTION 13. METHOD OF COLLECTION. It is hereby declared that the EMS Tax Assessments shall be collected and enforced pursuant to the Uniform Assessment Collection Act as provided in Section 3.01 of the Ordinance for the Fiscal Year beginning October 1, 2009. SECTION 14. APPLICATION OF TAX ASSESSMENT PROCEEDS. Proceeds derived by the County from the EMS Tax Assessment will be utilized for the provision of emergency medical services, facilities, and programs within the County. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund emergency medical services, facilities, and programs within the County. SECTION 15. EFFECTIVE DATE. This Initial Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 29th day of July, 2009. (SEAL) ATTEST: Clerk Approved for Form and Correctness: BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA By: Chairman 14 m County Attorney 15 APPENDIX A BUILDING USE CODES APPENDIX A BUILDING USE CODES 150 A/FRAME vrr."- ivir t) Commercial 160 Residential 5300 HOSPITAL Commercial STILT HOME Residential 5400 NURSING HOME Commercial 170 HABITA SP Residential 5601 RESTAURANT/LOUNG Commercial 199 COMMON 01 Commercial 5700 RESTAURANT F/FOOD Commercial 200 MODULAR HM Residential 6000 AUDITORIUM Commercial 210 MOD CONC Residential 6200 BANK 220 CNVERTD MH Residential 6300 BRANCH BANK Commercial 700 CHILD CARE Commercial 6400 SERVICE STATION Commercial 800 MOBILE AV Residential 6450 SERV/BOOTH Commercial 802 MOB HME GD Residential 6465 CAR WASH Commercial 803 MOB HME LC Residential 6600 DEALR-SHOW Commercial 810 RV/PM AV Residential 6700 SERVICE SHOP Commercial 812 RV/PM GD Residential 6800 MORTUARY Commercial 813 RV/PM LC Residential 6900 CLUB HOUSE Commercial 950 GARDEN APT Residential 7000 COLD STORAGE Commercial 1000 CONDO LOW Residential Industrial/Warehouse 1200 CONDO TWH 7100 SWITCH STA Industrial/Warehouse MULTI/FAMILY TWO Residential 8300 WAREHOUSE MINI Industrial/Warehouse 2400 + Residential 8400 WAREHOUSE BLDG Industrial/Warehouse 2700 DUPLEX Residential 8605 KENNEL 2800 TRI/ UAD Q Residential 8610 GATOR BLDG Commercial 3100 BARBER/BEAUTY Commercial Industrial/Warehouse 3400 BOWLING LN Commercial 8615 ARENA Commercial 3500 STORE RETAIL 8700 DAIRY BREE Industrial/Warehouse 3700 STORE DEPT Commercial 8702 POULTRY HS Industrial/Warehouse 3800 STRIP STORE Commercial 8703 FEED MILL Industrial/Warehouse 3900 FOOD MARKET Commercial 8800 DAIRY STLS Industrial/Warehouse 4000 STORE/OFFICE Commercial 9000 SCHOOL Commercial 4101 Commercial 9001 SCHOOL/SPC Commercial LC STORE Commercial 9100 CHURCH 4200 STR OLDHOU Commercial 9300 GOVT BLDG Commercial 4300 CONVENIENCE Commercial STORE Commercial 9301 POST OFFICE Commercial 4400 AVE MOTEL Hotel / Motel 9700 COMMON 04 Commercial 4600 L C MOTEL Hotel / 9700 COMMON 04 Commercial A-1 4601 LC MOTEL/KITCHEN Hotel / Motel 9800 COMMON 05 Commercial 4700 OFFICE/SFR Commercial 9900 COMMON 06 Commercial 4800 VET OFFICE Commercial 4900 OFFICE Commercial 4903 MH OFFICE Commercial A-2 APPENDIX B DOR CODES APPENDIX B DOR CODES Use Use Description`s Code 0 VACANT 100 SINGLE FAMILY 102 RSF W/ RV OR MH PARK 200 MOBILE HOME 203 MH & RV PARK COMB 210 MH PARK 230 MH/RV PRK MXD 300 MULTI -FAMILY 10+ 400 CONDOMINIA 700 MISC IMPROVED 800 MULTI -FAMILY <10 1000 VACANT COMMERCIAL 1100 STORES/1 STORY 1126 CONV STORE / GAS 1200 MXD RES/OFF/STORE 1400 SUPERMARKET 1600 COMMUNITY SHOPPING 1700 OFFICE BLD 1 STORY 1800 OFFCE BLD MULTI -STORY 1900 PROFESS OFFICE BUILDING 2000 TRANSIT TERMINAL 2100 RESTAURANT 2102 REST/CAFE/MH 2300 FINANCIAL BUILDING 2400 INSURANCE COMPANY 2500 REPAIR SERVICE 2525 BEAUTY PARLOR 2600 SERVICE STATION 2700 VEH SALE/REPAIR 2800 PK/LT RVMH PK 2900 WHOLESALE OUTLET 3000 FLORIST/GREENHOUSE 3100 DRIVE-IN/OPEN STADIUM 3200 THEATER/AUDITORIUM 3300 NIGHTCLUB/BARS 3400 BOWL, RINKS, POOL 3500 TOURIST ATTRACTION L-x Use F Use` Description ode , 3800 GOLF COURSES 3900 HOTELS/MOTELS 3901 HOTELS/MTL/SFR 4000 VACANT INDUSTRIAL 4100 LIGHT MANUFACTURE 4200 HEAVY INDUSTIAL 4300 LUMBER YARD 4400 PACKING PLANTS .............. 4600 . OTHER FOOD PROCESSING 4700 MINERAL PROCESSING 4800 WAREHOSE/DISTRIBUTION 4900 OPEN STORAGE 5300 CROP III 5301 CROP III/SFR 5302 CROP III/MH 5303 CROP III MXD 6000 PASTURE CLS1 6001 PASTURE/SFR 6002 PASTURE/MH 6180 IMP PASTUR 6181 IMP PASTUR SFR 6182 IMP PASTURE MH 6183 IMP PASTURE MXD 6185 IMP PASTURE COMM 6187 IMP PAS MISC IMPROVEMENT 6240 S/IMP PASTURE 6241 S/IMP PASTURE SFR 6242 S/IMP PASTURE MH 6300 PASTURE CLS4 6310 NAT PASTURE 6311 NAT PASTURE SFR 6312 NAT PASTURE MH 6317 NAT PAS MISC IMPROVEMENT 6400 PASTURE CLS5 6401 PASTURE CLS5 SFR 6402 PASTURE CLS5 MH 6403 PASTURE CLS5 MXD 6407 PAS CLS5 MISC IMPROVEMENT 6600 GROVES, ORCHARD 6601 GROVE W/ SFR mw Use Use' Description Code 6602 GROVE W/ MH 6603 GROVE W/ SFR & MH 6607 GROVE W/ MISC IMPROVEMENT 6700 POULTRY, BEES, FISH, ETC 6701 POULTRY ,BEES, FISH, ETC / SFR 6707 POULTRY, BEES, FISH / MISC IMPROVEMENT 6800 DAIRIES, FEEDLOTS 6801 DAIRY SFR 6803 DAIRY MXD 6900 MISC AG 6901 MISC AG SFR 6902 MISC AG MH 6903 MISC AG MXD 6907 MISC AG MX / MISC IMPROVEMENT 7000 VAC INSTITUTIONAL 7100 CHURCHES 7200 PRVT SCHU DAY CARE 7300 PRIVATE HOSPITAL 7500 NON-PROFIT / ORPHANAGE 7600 MORTUARY/CEMETARY ....._................._......... 7700 CLUBS/LODGES/HALLS 7800 REST HOMES 8300 PUBLIC SCHOOLS 8400 COLLEGES 8600 COUNTY 8620 RV PARK 8700 STATE 8701 WATER MG DISTRICT 8702 SPECIAL TAXING 8703 OKEECHOBEE UTILITY AUTHORITY 8704 TIITF%/SFW 8800 FEDERAL 8900 MUNICIPAL 9000 LEASEHOLD INTEREST 9100 UTILITIES 9300 SUBSURFACE RIGHT 9400 RIGHTS -OF -WAY 9500 RIVERS AND LAKES 9600 WASTELAND/DUMPS 9700 REC AND PARK LAND -m F se Use Description' de 9800 CENTRALLY ASSESSED 9900 NON AG ACREAGE APPENDIX C PARCEL APPORTIONMENT METHODOLOGY PARCEL APPORTIONMENT METHODOLOGY The Cost Apportionment to each Property Use Category shall be apportioned among the Tax Parcels within each Property Use Category as follows: SECTION C-1. RESIDENTIAL PROPERTY. The EMS Tax Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Demand Percentage attributable to Residential Property by the Emergency Medical Services Costs, dividing such product by the total number of Dwelling Units shown on the Tax Roll within the County, and then multiplying such quotient by the number of Dwelling Units located on such Tax Parcel. SECTION C-2. NON-RESIDENTIAL PROPERTY. The EMS Tax Assessments for each Building of Non -Residential Property shall be computed as follows: (A) Multiply the Emergency Medical Services Costs by the Demand Percentage attributable to Commercial Property and Industrial/Warehouse Property. The resulting dollar amounts reflect the portions of the County's emergency medical services budget to be respectively funded from EMS Tax Assessment revenue derived from each of these Property Use Categories. (B) Separate each Building of Commercial Property and Industrial/Warehouse Property into the appropriate Property Use Category for that Building. (C) For each of these non-residential Property Use Category, add the Building square footage of all the Buildings in each non-residential Property Use Category. This sum reflects an aggregate square footage area for each non-residential Property Use Category to be used by the County in the computation of EMS Tax Assessments. C-1 (D) Divide the product of subsection (A) of this Section relative to each of the non-residential Property Use Categories by the sum of the square foot allocations for each non-residential Property Use Category described in subsection (C) of this Section. The resulting quotient expresses a dollar amount per square foot of improved area ("the square foot rate") to be used in computing EMS Tax Assessments on each of the respective non- residential Property Use Categories. (E) For each of the non-residential Property Use Categories, multiply the applicable square foot rate calculated under subsection (D) of this Section by the number of square feet for each Building in the non-residential Property Use Categories. The resulting products for each Building expresses the amount of EMS Tax Assessments to be imposed on each Building of Commercial Property and IndustrialMarehouse Property. SECTION C-3. TRANSIENT OCCUPANCY PROPERTY. The EMS Tax Assessments for each Tax Parcel of Transient Occupancy Property shall be computed by multiplying the Demand Percentage attributable to Transient Occupancy Property by the Emergency Medical Services Costs, dividing such product by the total number of Units shown on the Tax Roll within the County, and then multiplying such quotient by the number of Units located on such Tax Parcel. SECTION C-4. MIXED USE PROPERTY. The EMS Tax Assessments for each Tax Parcel classified in two or more Property Use Categories shall be the sum of the EMS Tax Assessments computed for each Property Use Category. C-2 APPENDIX D ESTIMATED EMS TAX ASSESSMENT RATE SCHEDULE ESTIMATED EMS TAX ASSESSMENT RATE SCHEDULE SECTION D-1. DETERMINATION OF EMERGENCY MEDICAL SERVICES COSTS. The estimated Emergency Medical Services Costs to be assessed for the Fiscal Year commencing October 1, 2009, is $1,447,526.00. SECTION D-2. ESTIMATED EMS TAX ASSESSMENTS. (A) The estimated EMS Tax Assessments to be levied and apportioned among Benefitted Property pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Emergency Medical Services Cost for the Fiscal Year commencing October 1, 2009, are hereby established as follows for the purpose of this Initial Rate Resolution: Property Use Category EMS Tax Assessment Rate Residential Property (per Dwelling Unit) $74 Transient Occupancy Property (per room/space) $2 Commercial Property (per square foot) $0.06 IndustrialMarehouse Property (per square foot) $0.01 (B) No EMS Tax Assessment shall be imposed upon a parcel of Government Property. (C) Any shortfall in the expected EMS Tax Assessment proceeds due to any reduction or exemption from payment of the EMS Tax Assessments required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the EMS Tax Assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the Board is improper or otherwise adversely affects the validity of the EMS Tax Assessment imposed for this Fiscal Year, the sole and exclusive remedy D-1 shall be the imposition of an EMS Tax Assessment upon each affected Tax Parcel in the amount of the EMS Tax Assessment that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by the Board. SECTION D-3. ESTIMATED MAXIMUM EMS TAX ASSESSMENTS. The estimated maximum EMS Tax Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment are hereby established as follows for the purpose of this Initial Rate Resolution. Property Use Category EMS Tax Assessment Rate Residential Property (per Dwelling Unit) $99 Transient Occupancy Property (per room/space) $3 Commercial Property (per square foot) $0.09 Industrial/Warehouse Property (per square foot) $0.01 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] D-2 APPENDIX E FORM OF NOTICE TO BE PUBLISHED To Be Published by August 20, 2009 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF EMS TAX ASSESSMENT Notice is hereby given that the County Commission of Okeechobee County will conduct a public hearing to consider the imposition of an annual emergency medical services tax assessment for the provision of emergency medical services within Okeechobee County, including the municipal limits of the City of Okeechobee and all unincorporated areas, pursuant to section 125.271, Florida Statutes, and to collect said tax assessment on the same bill as ad valorem taxes. The hearing will be held at 5:01 p.m. on September 10, 2009, in the County Commission meeting room in the Okeechobee County Health Department Auditorium, 1728 NW 9th Avenue, Okeechobee, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the County Commission within 20 days of this notice. Additionally, a community meeting will be held at 5:00 p.m. on September 3, 2008 in the County Commission meeting room in the Okeechobee County Health Department Auditorium, 1728 NW 9th Avenue, Okeechobee, Florida, for the purpose of answering questions from the public on the proposed assessments. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the County Administrator's Office at (863) 763-6441, at least seven (7) days prior to the date of the hearing. The tax for each parcel of property will be based upon each parcel's classification and the total number of billing units on the parcel. The following table reflects the proposed EMS Tax Assessment rates to be levied for the Fiscal Year beginning October 1, 2009, and each year thereafter. E-4 EMS TAX ASSESSMENT RATE (FISCAL YEAR 2009-2010) Property Use Category EMS Tax Assessment Rate Residential Property (per Dwelling Unit) $74 Transient Occupancy Property (per room/space) $2 Commercial Property (per square foot) $0.06 IndustrialMarehouse Property (per square foot) $0.01 MAXIMUM EMS TAX ASSESSMENT RATE FUTURE FISCAL YEARS (AFTER FISCAL YEAR 2009-2010) Property Use Category EMS Tax Assessment Rate Residential Property (per Dwelling Unit) $99 Transient Occupancy Property (per room/space) $3 Commercial Property (per square foot) $0.09 Industrialf Warehouse Property (per square foot) $0.01 Copies of the EMS Tax Assessment Apportionment and Collection Ordinance, the Initial Rate Resolution and the preliminary EMS Tax Assessment Roll are available for inspection at the office of the County Administrator in the Okeechobee County Courthouse located at 312 NW 3rd Street, Okeechobee, Florida. The tax will be collected on the ad valorem tax bill to be mailed in November 2009, as authorized by section 197.3632, Florida Statutes. Failure to pay the tax will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County Administrator's Office at (863) 763-6441 Monday through Friday between 8:30 a.m. and 5:00 p.m. [INSERT MAP OF THE COUNTY] E-5 COUNTY COMMISSION OKEECHOBEE COUNTY, FLORIDA w APPENDIX F FORM OF NOTICE TO BE MAILED APPENDIX F FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * Okeechobee County [Address] [City], Florida [zip code] Owner Name Address City, State Zip OKEECHOBEE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF EMS TAX ASSESSMENTS NOTICE DATE: AUGUST 20, 2009 Tax Parcel # Legal Description: As required by Section 197.3632, Florida Statutes, notice is given by Okeechobee County that an annual tax assessment for emergency medical services pursuant to Section 125.271, Florida Statutes, an annual special assessment forfire rescue services, and an annual special assessment for solid waste services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 2009 - September 30, 2010, and each year thereafter. EMS Tax Assessment. The purpose of the EMS Tax Assessment is to fund emergency medical services benefitting property located within Okeechobee County, including the City of Okeechobee. The total annual EMS Tax Assessment revenue to be collected within the County is estimated to be $1,447,526.00. The annual emergency medical services tax assessment is based on the classification of each parcel and the number of billing units contained therein. The above parcel is classified as The type and number of billing units on the above parcel is The annual EMS Tax Assessment for the above parcel is $ The maximum annual EMS Tax Assessment for the above parcel for Fiscal Year 2009-10 and future fiscal years is $ Fire Rescue Special Assessment. The purpose of the Fire Rescue Assessment is to fund fire rescue services benefitting property located within the unincorporated area of the County. The total annual Fire Rescue Assessment revenue to be collected within the County is estimated to be $3,138,449.00. The annual fire rescue special assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is classified as The total number of billing units on the above parcel is The type of billing units on the above parcel is The annual Fire Rescue Assessment for the above parcel is $ The maximum annual Fire Rescue Assessment for the above parcel for Fiscal Year 2009-10 and F-1 future fiscal years is $ Solid Waste Special Assessment The purpose of the solid waste service assessment is to fund solid waste services benefitting residential property located within the County. The total annual solid waste assessment revenue to be collected within the County is estimated to be $ The annual Solid Waste Service Assessment will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The total number of residential dwelling units on the above parcel is The solid waste service assessment for the above parcel is $ The maximum annual Solid Waste Service Assessment that can be imposed for Fiscal Year 2009- 10 and future fiscal years is $ A public hearing will be held at 5:01 p.m. on September 10, 2009, in the County Commission meeting room in the Okeechobee County Health Department Auditorium, 1728 NW 9`h Avenue, Okeechobee, Florida, for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the County Commission within 20 days of this notice. Additionally, a community meeting will be held at 5:00 p.m. on September 3, 2008 in the County Commission meeting room in the Okeechobee County Health Department Auditorium, 1728 NW 9th Avenue, Okeechobee, Florida, for the purpose of answering questions from the public on the proposed EMS tax assessments. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the County Administrator's Office at (863) 763-6441, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of County Commission action at the above hearing (including the method of apportionment, the rate of the assessments and the imposition of the assessments), such action shall be the final adjudication of the issues presented. Copies of the relevant ordinances and resolutions and the preliminary assessment rolls are available for inspection at the office of the County Administrator in the Okeechobee County Courthouse located at 312 NW 3rd Street, Okeechobee, Florida. The emergency medical services tax assessment, the Fire Rescue Assessment, and the Solid Waste Service Assessment amounts shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year the assessments are imposed. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County Administrator's Office at (863) 763-6441, Monday through Friday between 8:30 a.m. and 5:00 p.m. *****THIS ISNOTA BILL***** F-2 The Updates! from the City Administrator's Desk 55 SE 3''d Av., Okeechobee, FL 34974 41916 City Hall — 763-3372 City Council meeting of August 4, 2009 New and Unfinished Business: • County special assessment — EMS/Ambulance — (Ord #1046) the only issue on this Agenda. Expect County reps to be present at the meeting. • Impact fees —according to the Co. Administrator's office the requested impact fee suspension failed to pass at the County level also. • Handicapped (chair lift) accessibility to City Hall — over the weekend of 7/25-26 and beginning of the week James Shockley Elec (the lowest of 3 quotes) moved the elec for the lift, but as long as he was rerouting that wiring, we had him move and replace some of the 50 yr old stuff we had in preparation of a proposed expansion of the 'mens' restroom to two (men and women) handicapped restrooms. Incidentally, Mathey Plbg has moved the water/sewer in prep for the lift installation. • Garbage service fee Agreement — The City has rec'd a draft of the 3`d Amendment to the Franchise Agreement. A public hearing notice was inserted in the Okee News on 7/29, required by the 20 day min notice prior to the Aug 18th meeting. A cpl of noteworthy issues include a small reduction in charges from Waste Management (from $18.11 to $18.04) in residential rate and you may recall also the City's rate reflected an additional $.73 charge due to a mid -year rate adjustment that the City amortized over 3 years. And last year's rate also incl a disposal fee adjustment of $.26. So, expect the customer rate to drop over $1 or about 5 % %, at least that's what our current negotiations reflect. Waste Management also will bear all the recycling costs that in prior years were offset by County funding... in prior years the County relied on grants to fund the recycling effort. Therefore that relationship will change as far as County recycling oversight is concerned. I spoke with Jeff Sabin about the host fees reduction that the County is experiencing. He confirmed the reduction and attributed it to the economic slowdown, lost volume to competitors, redirecting some waste to other sites and recycling and guessed that, in time the host fees will rebound. • Park #5 shelter — on Aug 14, 15 & 16 the Kiwanis are working on the shelter. • Dedicate 20' X 300' parcel to the City - The owners of that property on the SW corner of SW 21 sr St and 441 south (Goodbreads) wish to now dedicate the parcel that was in question before in connection w/ the prior development. l am having Atty Cook prepare the appropriate documents. Page 1 814109 report cont'd Lemkin Creek proiect - In mid -July I distributed the latest Draft of four alternatives relating to the project, which included: LShallow Impoundment, 77 acre above ground 2. Wetland/Meandering Channel, naturally vegetated marsh and replacement of Ferrell ditch w/ meandering nav channel 3.Combination Shallow Impoundment, 48 acre shallow above- ground and 40 acre flow thru marsh 4. Created Wetland or Treatment Wetland, 70 acre stormwater treatment wetland Street vacation request for 8/18/09 mtq - The Planning Board and the Tech Review Comm approved (by split votes each) a request form Keith and Genia Arbogast to vacate the SW 15th Street piece (132.5' X 40') west of SW 3rd Av. The applicant adjoins the south line and indicates they need the property for access to a carport and home remodel. • 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. Followed up w/ Horner's office and they are investigating w/ DOT. • Legislative Delegation - As mentioned earlier, the Economic Council has taken much interest in assisting to improve the delegation process. The County, OUA and City have been developing a listing for the 2010 CBIR (Community Budget Initiative Request) submitted annually to the legislators. Staff has been working on same. • 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 6123109 reiterating the hardship the City would realize in meeting the prior Letter of Intent in light of insurance parameters... nothing new since. • Our Okeechobee shop locally initiative - next mtg is Aug 4 at 10AM at the Chamber office and discussion will incl the Chamber Board. Attached is some info. • Animal Control Interlocal Agreement - No meeting has been rescheduled with the County (the County called this meeting now a few months 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. Page 2 8/4/09 report cont'd • Habitat of Humanity donation of lot (NE sectn) —just an update... as soon as they receive the release of lien the closing will be set. • Ground Breaking/ribbon cuttinq - On Saturday, August 1, 2009 of the Philippine Heritage Enrichment Complex will take place at approx 9:00 a.m. on the vacant property located at 5154 SW 16th Avenue. Thereafter refreshments and lunch served at the KOA Campground Convention Center @ 11 a.m. The 20 acre property will be developed into a cultural complex including an Arts Center, a Festival Village and a Philippine Garden, that will be the only multi -purpose complex of its kind in the world and will be the venue for the Foundation's mission of educating the generations of Filipino Americans and the general public, of the culture of the Philippines through folk arts, dance, theater & music. 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 12'h St. and has cleaned up the property. The property is then to be transferred to Habitat for Humanity. • Billboard disputes) — 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 Calendar: 8118109 S:OOPM budget workshop. Obviously prior to that we will be distributing the budget, which as it stands now, will reflect a deficit, either removed by fund balance or millage. I've distributed a cpl of memos on the matter. 9/1/09 S:OOPM 2"d budget workshop (if needed) 9115109 6: OOPM 1 S Public Hearin 9129109 6:OOPM 2" Public Hearing Fire: • Banners — Code Enf has developed a `tag' for identification on all banners approved by application process in the Code Enf Dept. Police: • Activity report info for 1/1/09 to 6/30/09: I've reviewed the statistic info supplied by the Police Dept to devel summary info and attached one page that illustrates how a report is derived (the calls by time report: Calls: 3926, Traffic Citations: 1158, Arrest: 304 Accidents: 250, Traffic Warnings: 592 Page 3 814109 report cont'd Public Works: • Fill dirt at Commerce Park - Some time ago the City sold the rest of the fill (approx 13k cu yds) from the lake const project at $2/cu yd to Anita Nunez (Seminole Design Blders). There's probably 10k cy left. The City has given her deadlines to remove the fill and we have exceeded those deadlines. She's provided a cert of insurance and paid for all the material, so essentially she is using our property to store the fill ... not the end of the world, but something I was afraid would happen. They recently bought a dump truck and have been steadily moving fill and I've told her to just be as diligent as possible... and if something arises, the City reserves the right to expedite the matter. • Stimulus -funded FDOT $300k sidewalk program — Have not heard anything in the last few weeks. Prior to that we were informed that the bid opening is in early September. • Sidewalk construction - The Public Wks Dept will be working on handicapped accessibility at the intersection of SW 6th St and SW 5th A (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'. • 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 9th Avenue. • Water Supply Facilities Plan — Last week l 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. Page 4 OUR OKEECHOBEE ISSUE: IT IS A POPULAR OPINION THAT A MAJORITY OF OKEECHOBEE RESIDENTS HAVE A STRONG SENSE OF COMMUNITY PRIDE, YET NO FORMALIZED WAY IN WHICH TO EXPRESS THEIR FEELINGS. IT IS THE HOPE OF THIS ASSOCIATION THAT THE EXPRESSION OF COMMUNITY PRIDE OF AREA RESIDENTS, AS WELL AS ACHIEVING A BETTER UNDERSTANDING OF COMMUNITY ECONOMIC MATTERS CAN HAVE A POSITIVE AFFECT UPON YOUNGER GENERATIONS AND LEAD TO A BETTER QUALITY OF LIFE FOR OKEECHOBEE COUNTY. PURPOSE: CREATE A FORMALIZED MECHANISM FOR AREA RESIDENTS TO DISPLAY COMMUNITY PRIDE AND PLEDGE THEIR SUPPORT TOWARDS PRESERVING OKEECHOBEE'S CULTURAL HISTORY, ENHANCING LOCAL ECONOMIC BUSINESS VIABILITY AND GROWTH, AND ADVANCING POSITIVE SOCIAL BEHAVIORS AND PROGRAMS TO BEST IMPROVE THE QUALITY OF LIFE FOR THE FUTURE OF OKEECHOBEE COUNTY. MARKETING: • UNOBTRUSIVE BUMPER STICKER WITH "O" LOGO AND IDENTIFIER NUMBER TO REPRESENT OUR OKEECHOBEE. • PLASTIC BUSINESS CARD WHICH FEATURE THE ASSOCIATION'S COMMITMENT CREED • THE OKEECHOBEE NEWS WILL FEATURE A WEEKLY ANNOUNCEMENT OF THE OUR OKEECHOBEE PRIZE WINNER'S IDENTITY NUMBER, THE PRIZE OFFERED AND THE AREA BUSINESS THAT HAS PROVIDED THE WEEKLY PRIZE. THE LOCAL RADIO STATION MAY WISH TO ALSO ASSIST IN THE WEEKLY ANNOUNCEMENT. THE MARKETING ITEMS (BUMPER STICKER / WALLET CARD) WILL BE AVAILABLE AT PARTICIPATING OKEECHOBEE COUNTY BUSINESSES AND ARE FREE OF CHARGE TO THOSE WHO TAKE AN OATH AND SIGN AN OUR OKEECHOBEE COMMITMENT DOCUMENT. THE DOCUMENT WILL LIST THE INDIVIDUALS NAME, THE CONTACT NUMBER INFORMATION, AND THE BUMPER STICKER IDENTIFICATION NUMBER. AN AGENCY WHICH SERVES OKEECHOBEE COUNTY (IE; CHAMBER OF COMMERCE) WILL RECEIVE THE SIGNED DOCUMENTS AND KEEP A MASTER RECORD OF THE NAMES AND MATCHING IDENTIFIER NUMBER, WHICH CAN BE USED TO DETERMINE THE WEEKLY PRIZE WINNERS. NOTES: IT HAS BEEN SUGGESTED THE DOCUMENT ALSO LIST A MORE DETAILED EXPLANATION AS TO THE PRINCIPLES OF THE CHARACTER COUNTS" PROGRAM AND AS TO POSITIVE AFFECTS WHICH MAY BE ACHIEVED AS A RESULT OF AN INCREASED POSITIVE COMMUNITY AWARENESS. IT HAS ALSO BEEN SUGGESTED THAT AREA BUSINESS MAY WISH TO OFFER SPECIAL DISCOUNTS TO THOSE THAT CAN FURNISH THEIR OUR OKEECHOBEE WALLET CARD. A CERTIFICATE AND SPECIAL WINDOW DECAL MAY BE PRODUCED FOR PARTICIPATING BUSINESSES TO DISPLAY. IT IS BELIEVED THAT AREA BUSINESSES WILL BE INCLINED TO OFFER PRIZES TO WEEKLY WINNERS OF THE ASSOCIATION DUE TO THE MARKETING PRESENCE THAT THEY WILL RECEIVE THROUGH THE NEWSPAPER'S FEATURED SECTION. A DECISION MUST BE MADE IF THE WEEKLY PRIZE WINNER'S NAME SHOULD ALSO BE LISTED IN THE ANNOUNCEMENTS OR IF JUST THE IDENTIFY NUMBER FOR THE SAKE OF PRIVACY. THE OUR OKEECHOBEE COMMITMENT DOCUMENT WOULD LOOK SIMILAR TO THAT AS LISTED BELOW. OUR OKEECHOBEE OATH I HERBY TAKE AN OATH TO DISPLAY MY COMMUNITY PRIDE AND PLEDGE MY SUPPORT TOWARDS PRESERVING OKEECHOBEE'S CULTURAL HISTORY, ENHANCING LOCAL ECONOMIC GROWTH, AND ADVANCING POSITIVE SOCIAL BEHAVIORS AND PROGRAMS TO BEST IMPROVE THE QUALITY OF LIFE FOR THE FUTURE OF OKEECHOBEE COUNTY. • I SUPPORT MY NEIGHBOR, MY COMMUNITY AND MY LOCAL AREA BUSINESSES. • I PRACTICE THE PRINCIPLES PRESCRIBE UNDER THE "CHARACTER COUNTS" CODE OF ETHICS. I PRACTICE AND DISPLAY MY PRIDE IN MY COMMUNITY AND I ENCOURAGE OTHERS TO DO THE SAME PRINTED NAME SIGNATURE DATE MEMBER # 07/20/09 OKEECHOBEE POLICE DEPARTMENT 207 10:03 CAD Calls by Day and Time page: 1 Hour (Monday Tuesday Wednesday Thursday Friday Saturday Sunday ------------+------------------------------------------------------------- 00:00-00:59 17 13 12 14 16 32 41 01:00-01:59 17 9 14 7 15 21 24 02:00-02:59 13 12 6 5 4 12 21 03:00-03:59 6 4 4 7 9 12 5 04:00-04:59 3 4 4 5 4 7 4 05:00-05:59 3 4 7 2 5 17 7 06:00-06:59 11 8 9 5 14 6 11 07:00-07:59 13 15 16 16 10 11 4 08:00-08:59 26 29 20 27 19 18 10 09:00-09:59 21 31 35 28 24 26 17 10:00-10:59 30 33 35 33 35 30 24 11:00-11:59 42 24 28 31 29 28 19 12:00-12:59 35 33 29 36 47 34 25 13:00-13:59 38 50 33 45 40 27 23 14:00-14:59 35 36 43 28 40 26 28 15:00-15:59 38 26 29 34 40 33 24 16:00-16:59 38 47 38 34 42 34 11 17:00-17:59 36 39 40 39 50 31 28 18:00-18:59 37 28 25 32 36 32 33 19:00-19:59 31 29 28 32 40 38 30 20:00-20:59 27 28 26 28 26 29 23 21:00-21:59 19 18 24 23 28 27 21 22:00-22:59 17 20 15 22 27 35 31 23:00-23:59 14 20 13 18 35 32 18 (Total 145 107 73 47 31 45 64 85 149 182 220 201 239 256 236 224 244 263 223 228 187 160 167 50 ---------------------------------- Total by Dayl 567 560--------- ---533 551 635 598 4821 3926 ---- -------------------------------- Report Includes: All reported dates between-00:00:00 01/01/09- and-23:59:59 06/30/09- All nature of incidents All respond to addresses All respond to cities All agencies *** End of Report /tmp/rpt4GUlEa-rpcdccdt.rl 1 ***