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2010-01-05
CITY OF OKEECHOBEE JANUARY 5, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 II : AGENDA COUNCIL ACTION -DISCUSSION -,VOTE II I. CALL TO ORDER - Mayor: January 5, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James Eo 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. PRESENTATIONS AND PROCLAMATIONS, Mayor. A. Present a 10-year service award to Brian Padgett. Mayor Kirk called the January 5, 2010 Regular City Council Meeting to order at 6:02 p.m. The invocation was offered by Mr. Clayton Williams; Followed by the Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Absent (Major Peterson was in attendance) Present Absent Mr. Brian Padgett graciously accepted a 10-Year Service Award. The framed Certificate of Longevity Service, and jacket with the City Seal was presented by Mayor Kirk in recognition of his dedication as an employee with the City. • 0 • 390 JANUARY 5, 2010 - REGULAR MEETING - PAGE 2 OF 6 AGENDA V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 1, 2009 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2009 Warrant Register: General Fund ............................. $323,105.77 Capital Improvement Projects Fund ............. $50,524.00 Capital Improvement Projects Fund -Impact Fees .. $32,782.00 Public Facilities Improvement Fund ............. $12,990.51 VI. AGENDA - Mayor. COUNCIL ACTION - DISCUSSION - VOTE" Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the December 1, 2009 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the November2009 Warrant Register in the amounts: General Fund, three hundred twenty-three thousand, one hundred five dollars and seventy-seven cents ($323,105.77); Capital Improvement Projects Fund, fifty thousand, five hundred twenty-four dollars and zero cents ($50,524.00); Capital Improvement Projects Fund -Impact Fees, thirty-two thousand, seven hundred eighty-two dollars and zero cents ($32,782.00); and Public Facilities Improvement Fund, twelve thousand, nine hundred ninety dollars and fifty-one cents ($12,990.51); 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. UNFINISHED BUSINESS. New Business Item B was withdrawn. A. Motion to accept a Warranty Deed from G-4 Land & Cattle At the November 3, 2009 City Council Meeting, a motion was presented to the floor by Council Members Markham Company, Keith Goodbread, President - City Attorney (Exhibit 1). and O'Connor to accept a Warranty Deed from G-4 Land and Cattle Company for the North portion of Lots 1 and 7 of Block 46, First Addition to South Okeechobee, [in order to widen the right-of-way of Southwest 21" Street as it intersects with South Parrott Avenue]. However, the Council discussed the fact that three -feet of the property was missing from the legal description. The Council voted to postpone taking official action until the three -feet could be researched. Upon research it was discovered that the Board of County Commission owns the property by eminent domain litigation. .JANUARY 5, 2010 - REGULAR MEETING - PAGE 3 OF 6391 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. UNFINISHED BUSINESS CONTINUED. A. Motion to accept a Warranty Deed from G-4 Land & Cattle Administrator Whitehall advised that the Clerk's Office received information via email from the County Attorney's Office Company, Keith Goodbread, President continued. that the Board of County Commissioners approved a Quit Claim Deed for the three -feet at their December 17, 2009 Meeting. Official documentation has not been provided to date. Council Member Watford moved to amend the motion to accept the Warranty Deed from G-4 Land and Cattle Company, with the contingency that it not be recorded in the public records until proper documentation deeding the 3-foot parcel to the City, is received; seconded by Council Members Markham and O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. IX. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-02 regarding a Council Member Watford moved to adopt proposed Resolution No.10-02 regarding a Maintenance Agreement with Maintenance Agreement with the Florida Department of the Florida Department of Transportation; second by Council Member Williams. Transportation - City Administrator (Exhibit 1). Attorney Cook read the title of proposed Resolution No. 10-02 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING POST -PROJECT MAINTENANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (DOT) FOR PROJECTS TO BE AWARDED UNDER THE AMERICAN RECOVERY AND REINVESTMENTACT OF2009; AUTHORIZINGAPPROVALANDEXECUTIONOFMAINTENANCEAGREEMENT BY THE MAYOR; PROVIDING AN EFFECTIVE DATE." On April 21, 2009 the City adopted Resolution No. 09-09 authorizing Mayor Kirk to sign a maintenance agreement between the City and DOT, regarding a 'Federal Stimulus Program Sidewalk Project.' The State identified Southwest 7m Avenue, from 2"d to 15th Streets; Southwest 11th Avenue, from 2"d to 91h Streets; and Southwest 9m Street, from 51h to 11 th Avenues, needed sidewalks. The State then advised of added areas for sidewalks. While the Mayor signed the added scope of work agreement, DOT advised that a new resolution specifically authorizing the Mayor to sign the agreement would need to be adopted, which this accomplishes. The added scope of work is sidewalks along Northwest 9m Street, from N Parrott to 81h Avenues; Northwest 6" Street, from N Parrott to 111h Avenues; Northeast 6`h Street, from 2"d to 6th Avenues; Southeast 71h Street, from 91h to 131h Avenues; and Southeast 9th Avenue, from 81h to 15" Streets. 392 JANUARY 5, 2010 - REGULAR MEETING - PAGE 4 OF 6 AGENDA' COUNCIL ACTION'- DISCUSSION'. VOTE IX. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 10-02 regarding a Maintenance Agreement with the Florida Department of Transportation continued. The Council asked whether a local contractor was awarded the bid, as the City had specifically requested that in order for the "stimulus package" to work appropriately. Mr. Whitehall answered that a contractor from Orlando was awarded the job on November 18, 2009 by DOT. The additional sidewalk bid should be awarded March 10, 2010. KIRK - YEA WATFORD - YEA B. Motion to approve a Grant of Easement between the City of I Item withdrawn from the agenda. Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager - City Attorney (Exhibit 2). MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. C. Consider a request from the Chamber of Commerce to sublet a No one from the Chamber was present to address this item. The Council briefly discussed the request noting that the portion of their building for outside office use - Candace Burke, same type of request was made previously, according to minutes dated July 14,1998. The action taken at the meeting Executive Director (Exhibit 3). was the Council authorized Attorney Cook to meet with the Chamber's Attorney to discuss possible revisions to the existing lease and bring it back to the Council. The matter was not brought back to Council. Due to the wording contained in the Quit Claim Deed from R.E. Hamrick dated June 19, 1953, the City was deeded the property the Chamber utilizes to permit a Chamber of Commerce building and for no other purpose. Attorney Cook advised the Council that it would not be in the City's best interest to approve the request. Mayor Kirk called for a motion on the request. Matter died for lack of motion. However, the Council did note that should the Chamber wish to approach the Hamrick Trust and obtain approval from the Trustee's the Council would re-considerthe request at that time. D. Motion to approve an Interlocal Agreement between the City of Council Member Watford moved to approve [proposed Resolution No. 10-01 regarding an] Interlocal Agreement Okeechobee and Okeechobee County regarding a 2008 Disaster between the City and County regarding a 2008 Disaster Recovery Community Development Block Grant Application; Recovery Community Development Block Grant Application - City seconded by Council Member Markham. Administrator (Exhibit 4). Distributed just prior to the meeting was a Revised Exhibit 4. This document is unique in that it is both an Interlocal and a Resolution. The Clerk's Office revised the document to include a resolution number and re -formatted the wording to be consistent listing the City first, then the County. Administrator Whitehall explained the three various projects that were identified to be included in this Grant application. The County is required to include the City in this project. JANUARY 5, 2010 - REGULAR MEETING - PAGE 5 OF 6 393 ��. AGENDA ..COUNCIL ACTION - DISCUSSION 401 IX. NEW BUSINESS CONTINUED. D. Motion to approve an Interlocal Agreement between the City of Attorney Cook read proposed Resolution No. 10-01 by title only as follows: "A RESOLUTION OF THE CITY OF Okeechobee and Okeechobee County regarding a 2008 Disaster OKEECHOBEE, FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS, FLORIDA, AUTHORIZING Recovery Community Development Block Grant Application SUBMISSION OFACOMMUNITYDEVELOPMENTBLOCKGRANTAPPLICATIONFINDING THEAPPLICATION, continued. CONSISTENT WITH THE LOCAL COMPREHENSIVE PLAN(S) AND THE LOCAL MITIGATION STRATEGY, DESIGNATING THE LOCAL COMPREHENSIVE PLAN(S) AND THE LOCAL MITIGATION STRATEGYAS THE LOCAL COMMUNITYDEVELOPMENT PLAN, ANDAUTHOR/ZING THE COUNTYADMINISTRA TOR TOEXECUTE CERTAIN DOCUMENTS PERTAINING TO THE GRANT." KIRK - YEA WATFORD - YEA VOTE MARKHAM-YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. E. Motion to approve a Temporary Street Closing, SW 4" Avenue, on Council Member Watford moved to approve a Temporary Street Closing for Southwest 41h Avenue between North and March 20, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun South Park Streets, on March 20, 2010 from 9:00 a.m. to 3:00 p.m. for YMCA Family Fun Day in the Park; seconded Day in the Park - City Clerk (Exhibit 5). 111 by Council Member Williams. The applicant, Ms. Teresa Chandler was present and requested that the Temporary Street Closing be expanded to include 3`d Avenue as the event is growing. Council Member Watford moved to amend the motion to include Southwest 3ro Avenue between North and South Park Streets in the Temoorary Street Closing for the YMCA Fun Day and instructed Ms. Chandler to work closely with City Staff on the placement of the antique car and motorcycle show and bounce houses; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. F. Discussion regarding impact fees - City Administrator. During the summer the Economic Council approached both the City and Council to consider suspending Impact Fee's. It was determined that it was not appropriate at that time. The Okeechobee Main Street Economic Restructuring Committee has now presented a draft version of an Economic Impact Fee Mitigation Program. The purpose of this is to have preliminary discussions regarding their proposal. JANUARY 5, 2010 - REGULAR MEETING - PAGE 6 OF 6 AGENDA COUNCIL ACTION - DISCUSSION -VOTE Vill. NEW BUSINESS CONTINUED. F. Discussion regarding impact fees continued. Staff is recommending that with the three-year term review process approaching that a review of the fees might be in order. A copy of the draft Economic Impact Fee Mitigation Program was included, as an added Exhibit Six. Mr. Brian Cartland, OKMS Economic Restructuring Director was present to review the document and respond to questions. The Committee was looking for input from the City even though the majority of the content is aimed at the County fee's. There was a lengthy discussion, the Council agreed to look at the program while reviewing the Impact Fee's, the Council noted that there were some good idea's and should the logistics be worked out, this would be a better alternative than completely suspending the fee's. Mayor Kirk made it clear that should the City participate, the County would have to as well, since, for example on commercial assessments, 92 percent of the impact fee goes to the County. There was no official action taken on this item. G Discussion regarding the assessed value and proposed selling price The Council discussed a new proposed selling price for lots at the City Commerce Center. The consensus of the of Commerce Park Lots - City Administrator. Council was to direct the Mayorto begin negotiations at $100,000 per acre. Potential purchase agreements come before the Council for final negotiation, as usual. X. 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 backupfor official records of the Clerk. ATTEST: James E. Kirk, Mayor Sca 2 Lane Gamiotea, CMC, City Clerk The Council also briefly discussed the'buy-back feature' in the contract and that at this price the City could not afford to purchase the lots back. The pro's and con's of past decisions to buy-back property was discussed, what lessons were learned and how to improve future issues of this nature. There being no further items on the agenda, the meeting was adjourned at 7:08 p.m. The next meeting will be January 19, 2010 at 6:00 p.m. • LJ NDEPENI] NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 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, ;hat tlae attached copy of advertisement being a�- 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 _ R . 36,16 -- 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 in the said newspaper. Judy Kasten Sworn to and subscribed before me this L—day of __'�'1 t'�i� Fly' '� (f AD Notary Public, State of Florida at Large (863) 763-3134 -- CITY COUNCIL MEETING,NOTICE - Gty I � In RRee lar Session o t that Tub 3an7anus ry5, Zb10, 6c�00 and 1, 55 to attend. attRm end. �, Okeechobee, Porida. _ The pub - TAKE NOTIrAND BE ADVM that no stenographic record by court reporter wiN be made of the foregoing meeting. Accord - who may seek to appeal arty decision involving the mat d herein will be responsible for maldng a verbatim record of the and evidence at said meeting upon whkh an appeal is to be lease contact aN AdmlolstraBar at 863-763-3372, or website bkeedrobae.cC to obtain a cow of Ore agenda . aty ae& NOTARY PUBLICSTATF OF FLORIDA y. Angie Bridges :Commission # DD779713 ;, ' Expires: APR. 20, 2012 nnnmrnTHRtrATt, TIC BONDING CO., INC. CITY OF OKEECHOBEE JANUARY 5, 2010 REGULAR CITY COUNCIL MEETING LANE'S HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: Mayor Kirk called the Janury 5, 2010 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: The invocation was offered by Council Member Clayton Williams; Followed by the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk PRESENT Council Member Lowry Markham PRESENT Council Member Mike O'Connor PRESENT Council Member Dowling R. Watford, Jr. PRESENT Council Member Clayton Williams PRESENT City Administrator Brian Whitehall PRESENT City Attorney John R. Cook PRESENT City Clerk Lane Gamiotea PRESENT Deputy Clerk Melisa Jahner ABSENT Police Chief Denny Davis ABSENT MAJOR PETTERSON PRESENT Fire Chief Herb Smith PRESENT Public Works Director Donnie Robertson ABSENT IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mr. Brian Padgett graciously accepted a 10-Year Longevity Service Award presented by Mayor Kirk. The framed certificate read" November 5, 1999 to November 5, 2009" along with a City Embrioed Jacket was presented. Mr. Padgett thanked the Council for the opportunity to work for the City and he looked for toward another 10-years. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 1, 2009 Regular Meeting. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the December 1, 2009 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2009 Warrant Register: General Fund................................................................... $323,105.77 Capital Improvement Projects Fund .................................................. $50,524.00 Capital Improvement Projects Fund -Impact Fees ....................................... $ 32,782.00 Public Facilities Improvement Fund ................................................... $12,990.51 Council Member Watford moved to approve the November 2009 Warrant Register in the amounts: General Fund, three hundred twenty-three thousand, one hundred five dollars and seventy-seven cents ($323,105.77); and Capital Improvement Projects Fund, fifty thousand, five hundred twenty-four dollars and zero cents ($50,524.00); and Capital Improvement Projects Fund - Impact Fees, thirty-two thousand, seven hundred eighty-two dollars and zero cents ($32,782.00) Public Facilities Improvement Fund, twelve thousand, nine hundred ninety dollars and fifty-one cents ($12,990.51); and; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Page 1 of 4 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New Business Item B was withdrawn. VIII. UNFINISHED BUSINESS. A. Motion to accept a Warranty Deed from G-4 Land & Cattle Company, Keith Goodbread, President - City Attorney (Exhibit 1). Mayor requested for a motion and second. Clerk reminded them not necessary still an active motion on the floor since matter was postponed not tabled. Whitehall brought the Council up to speed, that the clerk contacted the county offices (county attorney), they have advised by email that the BOCC approved a quit claim deed on Dec 17, 2009 giving the city the 3feet that was missing from the legal description. Mayor suggested prior to the meeting, when he and Brian discussed this, that the Council may want to act on this subject to getting the information from the County. Or whatever the council would be comfortable with. Watford move to amend the motion with the contingency that the warranty deed from Goodbread to the City not be recorded until proper documentation is received from County; second by Markham and O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. IX. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-02 regarding a Maintenance Agreement with the Florida Department of Transportation - City Administrator (Exhibit 1). Watford moved to adopt proposed Resolution No. 10-02; second by Williams. Attorney Cook read the title of proposed Resolution No.10-02 reads as follows: ".A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING POST -PROJECT MAINTENANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PROJECTS TO BE AWARDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AUTHORIZING APPROVAL AND EXECUTION OF MAINTENANCE AGREEMENT BY THE MAYOR; PROVIDING AN EFFECTIVE DATE." Whitehall, mayor already signed the contract for the additional scope of work I thought is was just an add to but they want another resolution to have it signed. Was not expectng this requirement. Williams did a locate contractor get the work? Not on phase I. So our stimulus is not our stimulus its Orlando's. But at least we got sidewalks. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to approve a Grant of Easement between the City of Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager - City Attorney (Exhibit 2). Item withdrawn from the agenda. C. Consider a request from the Chamber of Commerce to sublet a portion of their building for outside office use - Candace Burke, Executive Director (Exhibit 3). No one from the Chamber was present to address this item.l the city can do it without the trust but then we're subject to litigation by the trust regardign the reversionary clause. Watford not a battle we need to fight at this time. It is kind of misfortunate but I think it would result in an expensive situation. Page 2 of 4 O'Connor the chamber provides a service to the City and County. The Ft. Pierce chamber has closed its doors and our chamber is only open three days aweek because of their ecnomic sitaution. Could they go tothe Hamrick Trust to ask for their permission? Mayor, if they wanted to take that and get their approval for the City then yes we would reconsider that. I think the Chamber needs to approach the Hamrick Trust. Kirk right because based on the advice of our attorney we should not do anything. It owuld be their decision to do that. The matter before us is whether we want to or not. Call for a motion, three time, died for lack of motion. D. Motion to approve an Interlocal Agreement between the City of Okeechobee and Okeechobee County regarding a 2008 Disaster Recovery Community Development Block Grant Application - City Administrator (Exhibit 4). Watford Motion to approve an Interlocal Agreement between the City of Okeechobee and Okeechobee County regarding a 2008 Disaster Recovery Community Development Block Grant Application - City Administrator (Exhibit 4). Markham second Whitehall, engineer, Robertson, met w/ county staff, 3 projects. 200 block sw 11 th street, dry retention, help with the drainage, other 2 are SW 21 st storm water proejct very significant and SE 8th Avenue Storm sewer Project.. County's are Royal Concrete and Airport area, Belcher going to coordinate the projects an submit them. Watford do we anticipate any of this really happening and did they do this out of the kindness of their hear or did they have to include us? Brian, they had to include us, anticipate some projects out of this, our portion will be negligent, SW 111h is probably the only one that is going to get taken care of. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - NO WATFORD - YEA WILLIAMS - NO MOTION CARRIED. E. Motion to approve a Temporary Street Closing, SW 4th Avenue, on March 20, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun Day in the Park - City Clerk (Exhibit 5). Watford Motion to approve a Temporary Street Closing, SW 411 Avenue, on March 20, 2010 from 9:00 a.m. - 3:00 p.m. forYMCA Family Fun Day in the Park Williams. Teresa Chandler, chairing the project, raising funds to study. Also needing to request V Avenue as well. Coordinate w/ Donnie to make sure you are very careful Watford moved to amend to inlcude SW 3' Ave work with City Staff, Williams Second. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - NO WATFORD - YEA WILLIAMS - NO MOTION TO AMEND CARRIED. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - NO WATFORD - YEA WILLIAMS - NO MOTION CARRIED AS AMENDED. F. Discussion regarding impact fees - City Administrator. Draft Impact Fee Mitigation Impact Fee proposed by OKMS Economic Development Committee. Brian Cartland Kirk do you have the average wage? Less than $30,000.00. State info is used to comply this info. Williams, our program and county program in three years, the other areas have their kitty built up. VNA is the best example. Ours is only 8 percent of the total fee. Whitehall wants a little direction to see if its worth it. Use. Watford, its all going to hinge on the County approving this -agrees to participate. Consensus if county doesn't participate we will not. Will consider if County decides to participate. This warrants some consideration since it has more validity to it. Brian C look for staff to assist Inlcude in review of the impact fee's. Markham - use salaried but throw in chair salaries, like to see not throw in chair - we have that in there as well. To exclude chair and vice chair. G Discussion regarding the assessed value and proposed selling price of Commerce Park Lots - City Administrator. $100,000 per acre is better than what we were looking at, the value is there, water and sewer is available. Direct Mayor to tell them is $100,000 but all comes before the council for negotiation any way. Page 3 of 4 O'Connor think its inline, hope someone else doesn't want to come back and get their money back. That is wrong. Markham I agree with you and at $100,000 we can't afford that, but at $50,000 we could especially since we will turn aroung and sale it at $100,000 and may $50,000. X. ADJOURN MEETING - Mayor. There being no further items on the agenda, the meeting was adjourned at 7:08 p.m. The next meeting will be January 5, 2010 at 6:00 p.m. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based, City Clerk media are for the sole purpose of backup for official records of the Clerk. Page 4 of 4 CITY OF OKEECHOBEE BAN UARY 5, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 01. CALL TO ORDER -MAYOR: January 5, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation. Pledge of Allegiance led by Mayor. III. 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a ten-year service award to Brian Padgett. O� ��'� X10 �u JANuARY 5, 2009 PAGE 2 OF 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 1, 2009 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2009 Warrant Register. General Fund $323,105.77 Capital Projects -Improvement & Vehicle Fund $ 50,524.00 Capital Projects -Impact Fee Fund $ 32,782.00 Public Facilities Fund $ 12,990.51 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. UNFINISHED BUSINESS. A. Motion to accept a Warranty Deed from G-4 Land & Cattle Company - City Attorney. IX. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-02 regarding a Maintenance Agreement with the Florida Department of Transportation - City Administrator (Exhibit 1). B. Motion to approve a Grant of Easement between the City of Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager - City Attorney (Exhibit 2). C. Consider a request from the Chamber of Commerce to sublet a portion of their building for outside office use - Candace Burke, Executive Director (Exhibit 3). JANuARY 5, 2009 PAGE 3 of 3 IX. NEW BUSINESS CONTINUED. D. Motion to approve an Interlocal Agreement between the City of Okeechobee and Okeechobee County regarding a 2008 Disaster Recovery Community Development Block Grant Application - City Administrator (Exhibit 4). E. Motion to approve a Temporary Street Closing, SW 4t' Avenue, on March 20, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun Day in the Park - City Clerk (Exhibit 5). F. Discussion regarding impact fees - City Administrator. G Discussion regarding the assessed value and proposed selling price of Commerce Park Lots - City Administrator. X. 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. 0 • • DMIBIT 1 RESOLUTION NO. 10-02 JAN 5, 2010 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING POST -PROJECT MAINTENANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PROJECTS TO BE AWARDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AUTHORIZING APPROVAL AND EXECUTION OF MAINTENANCE AGREEMENT BY THE MAYOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the AMERICAN RECOVERY AND REINVESTMENT ACT of 2009, (ACT), the Federal government is awarding funds to the various states to fund infrastructure improvements within such state; and WHEREAS, the Florida Department of Transportation (FDOT) has been designated within the state of Florida to administer the funding and construction of certain infrastructure improvements within the purview of the ACT, which ACT requires the local governmental agency to assume maintenance of the improvement once constructed; and WHEREAS, it is in the best interests of the City of Okeechobee and its citizens to participate in such projects; the City has the capability to maintain the improvements; and the cost of such maintenance is a minor aspect of the overall project and improvement to the City. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. The City of Okeechobee, Florida is authorized to participate in infrastructure improvements with the State of Florida under the auspices of the AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 from time to time as in the best interests of the City, with the project designated as Financial Project No. 427989 1 52/62 01. SECTION 2. That for all such projects that require compliance with Title 23, USC Section 116 and the Federal Highway Administration regulations pursuant thereto, the City of Okeechobee, Florida shall, once the referenced project is completed, at its own cost and its own method, be responsible thereafter for continued maintenance of said project(s), according to the regulations pertinent under the Manual of Uniform Minimum Highway Standards for Design, and FDOT procedures 850-065-001; 850-065-002, as amended. SECTION 3. That by approval of this Resolution, the Mayor for the City of Okeechobee, Florida is thereby authorized to enter into and execute on behalf of the City the consent and agreement with FDOT for the maintenance of Project No. 427989 1 52/62 01. SECTION 4. This Resolution shall take effect immediately upon adoption. Resolution No. 10-02 Page 1 of 2 INTRODUCED AND ADOPTED in regular session this-51h day of January 2010 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 10-02 Page 2 of 2 7" h, GO fts W1 1?�THST A- J N SIDEWALK (FDOT) PROJECT .77 ? � ��' NE15TH ST ............ . .......... ... ........... .. ........... . . ..... NW rn:: NE *. 1TH $ Z NE TH ST TH ST N N 2TH ST NWNE:.. I TH ST ---------- ---- Z Z NE 9 rn Nw -NE NW BTH T-A > mw ffL 4TH — ------------ z ---- --- Z:; ... ST, : NE 4TH: m 5 LN. M R 4 MM...... ST PARK ST ST lu IA, _E CENTER - D I Added to Scope of Project m Z" 124 SE 6TH LN m ... ....... .. .. ......... M:. 7 —7 s U O"TH al q2 M"79 ------ ----------------- cc cmr CT'' SE- 14TH: ST.. Ix < cc ;JLU . ......... SE 15TVi ti Si Original Scope of Project T ST T L uj ........... % "Creek K y cc Lu cc uJ rn Z" WO;LFF ---- RD -- -------- SP ------------ 0 m Ix Cr .... ....... DURRANCE .......... -------- ---------- RD ------------ ... ............ ........ .... .............. .. T 35TH 1*0 a: U • ECHIBIT 2 RETURN TO: CITY OF OKEECHOBEE Office of City Clerk 55 S.E. 3'd Avenue Okeechobee, Florida 34974 GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKEECHOBEE JAN 6, 2010 THIS INDENTURE, made and entered into this day of 2010, by and between NASSA MANAGEMENT GROUP LLC, Muhammad S. Nooruddin, Member Manager, of the County of Okeechobee, State of Florida, GRANTOR(S), and The CITY OF OKEECHOBEE FLORIDA, a municipal corporation existing under the laws of Florida, GRANTEE; WHEREAS, GRANTOR is seized in fee simple of a parcel of land, roadway, alley, or right -of-way contiguous to the street right-of-way of GRANTEE at the intersection of North Parrott Avenue (State Road 15, Highway 441 North) and Northeast 12tn Street, being in Block 15, City of Okeechobee, Plat Book 1 Page 10, public records of Okeechobee County, Florida, and; WHEREAS, GRANTOR has agreed in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the sufficiency of which is herein acknowledged, for themself and all other persons claiming by, through or under GRANTOR, their predecessors in title, or their heirs, assigns or legal representatives by virtue of any deeds of conveyances describing lands set forth below, to grant and convey to grantee an easement or right of way over the land described, for the purposes and in the manner expressed below; NOW, THIS INDENTURE WITNESSETH: That, in pursuance of this agreement and in consideration of the sum of Ten dollars ($10.00), and other valuable consideration, receipt of which is hereby Page 1 of 3 acknowledged, GRANTOR grants unto GRANTEE, its assigns, successors in interest or subsequent entities, and to all other likely situated as above described; Full and free right and liberty for the GRANTEE and its' authorized servants, agents, employees, visitors, licensees, and general public in common with all persons having the like right, at all times hereafter, for all purposes connected with the use and enjoyment of the land of the GRANTOR and those likely situated for whatever purpose the land from time to time lawfully may be used and enjoyed, to cross and re -cross, or otherwise travel upon a public sidewalk as constructed by GRANTOR, and the right further granted to said easement described more particularly as follows: THE SOUTH SIX FEET (6') OF LOTS 16, 17, 18, OF BLOCK 16, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF IN THE PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA. TO HAVE AND TO HOLD, the easement or right-of-way hereby granted unto GRANTEE, its assigns or successors in interest and those likely situated as described above, as appurtenant to the land of the GRANTEE and those likely situated and every part of it. It is understood that the easement is given upon the express understanding and condition that it may be used by GRANTOR, its heirs executors and assigns in conjunction with the use of GRANTEE and the public, to the extent such use does not interfere with the right of the public to use the sidewalk without obstruction, as well as any such adjacent utility or drainage service as provided by grantee. It is further understood that as a condition of issuance of a development permit to GRANTOR from GRANTEE, the GRANTOR is required to construct this concrete sidewalk along the Southerly boundary of Lots 16, 17, 18 of Block 15, to join the existing sidewalk along North Parrott Avenue, (State Road 15); and to avoid removal of established trees, this sidewalk will be constructed on and within the above -described lands of GRANTOR; that this easement is necessary for public use, and so that GRANTEE will assume control and liability for the sidewalk constructed within this easement; and GRANTOR does not assume any liability or responsibility to GRANTEE for the general public use of the sidewalk and land by invitation, express or implied, or by reason of any business conducted by or with GRANTEE, or otherwise. Page 2 of 3 IN WITNESS WHEREOF, GRANTOR has set her hand and seal on the day and year above written. ATTEST: Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE NASSA MANAGEMENT GROUP LLC By: Its authorized officer or manager (Seal) BEFORE ME, the undersigned authority, appeared , this day of 2010, who is personally known to me, or who produced the following identification: , and who being first duly sworn according to law, states that they executed the foregoing for the purposes therein stated. NOTARY PUBLIC My Commission Expires: IN WITNESS WHEREOF, GRANTEE has set its hand and seal on the day and year above written accepting on behalf of the City of Okeechobee, Florida such dedication and grant of easement. JAMES E. KIRK, Mayor ATTEST: LANE GAMIOTEA, CMC, City Clerk STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, appeared James E. Kirk, Mayor. and Lane Gamiotea, City Clerk, this day of 2010, who are personally known to me or who produced the following identification: , who being first duly sworn, do state that the foregoing is true and correct to the best of their knowledge and belief, and executed for the purposes stated herein. APPROVED AS TO FORM: JOHN R. COOK, City Attorney NOTARY PUBLIC My Commission Expires: Page 3 of 3 6EC-?.5-2009(TUE) 01:36 Oke bee Chamber of Commerce (FRXit63 763 3d67 P.0021002 0 E)MIBIT 3 JAN 5, 2010 CITY OF OKEECHOBEE (863) 76�-3372 PAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TOC CITY ADMINISTRATOR'S OFFICE 55 SE 31111 AvENUE OKMCHOBBJ3 FLORIDA 34974. NAME: Candace Burke, Executive Director Okeechobee Chamber of Commerce ADI3RM - t1� r .Ott 1►ve --pprhobee 91-349,7a TMBPHONB _g �F,4_F,AFiGPAX•._....__8b3-743-3467 MEETING. REGULAR )M SPECIAL ❑ WORKSHOP ❑ DATE: _January 5, 2010 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: Okpaerh�-Cha�mbp.r af_Gclmmarrap-_.and_S,itX_.Leasi_---------_�......�T PLEASE STATE W HAT DBPARTMENT (Sl YOU HAVE WORKED W ITH: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUM BNTS: IF A PRESENTATION IS TO BE MADBI PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHBRWIS)l APPROVED BY THE MAYOR. t SIGNED BY: LJ#F N A[ DATE:-��._____ City of Okeechobee 55 SE 3rdAv Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email: bhteehall(a,cityofokeechobee.com * * * * *Memorandum n 1815 ¢ Date: 12/15/09 TO: Atty Cook CC: Clerk Gamiotea, Finance Riedel FR: Adm Whitehall. -�i RE: Chamber wishes to sublet bldg I've been advised that the Chamber wants to sublet a portion of their bldg to an attorney w/ the Public Defender's Office. The 1986 Lease with the Chamber indicates that they must get prior written approval to sublease. Apparently, they've mentioned their intent to approach the Council. I rec' d some literature from Lane and had a couple of issue: > The 1953 Hamrick quit -claim deed has some jargon on it that `adds' a contingency and I need to know its validity : `(This deed is given as a permit to erect a Chamber of Commerce building in said park and for no other purpose. Said building not to be used for any other purpose) ' > In 1998 the Chamber approached the Council seeking funding and allowing the Chamber to allow office space rental. The Council must've rejected the donation request and instructed the respective attorneys to review the lease provisions... you were there. You know as much as anyone on this issue. Sometime, let me know what your thinking is. Thanks! LEASE THIS LEASE AGREEMENT made and entered into this 1st day of May, 1986, by and between the CITY OF OKEECHOBEE, a municipal corporation, hereinafter referred to as "LESSOR", and OKEECHOBEE CHAMBER OF COMMERCE, a not for profit corporation, being in good standing with the Office of the Secretary of State of the State of Florida, hereinafter referred to as "LESSEE", for and in consideration of the sum herein stated, do hereby agree as follows: WHEREAS, in the interest of the LESSOR and the LESSEE, and to promote the overall good, health and welfare of the LESSOR by promoting economic activity and development, sales and jobs, increasing the tax base, etc., which thereby protect the health and welfare of the city; and WHEREAS, the LESSEE, with the consent of the LESSOR, has used for the past 25 years, a parcel of property located within the City of Okeechobee and more particularly described as follows: The West 1/2 of Block "R", lying South of Block 151, and being contained within those certain blocks designated as FLAGLER PnRK, according to the plat of OKEECHOBEE recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Said Block being bounded on the North by State Road 70 and on the West by Highway 441 South LESS AND EXCEPT The North 15 feet and the West 15 feet of the aforedescribed property; NOW THEREFORE, the LESSOR and the LESSEE agree as follows: 1. The LESSOR hereby leases to the LESSEE upon the following terms, the aforedescribed real property which is located in Okeechobee County, Florida, reserving unto the LESSOR, its successors and assigns, the right to use that portion of the northwest corner of the above -described parcel as may be determined to be necessary for improvements and/or modification of the existing intersection of State Road 15 (Highway 441) and Highway 70; provided that nothing herein shall be construed to require the LESSEE to remove any portion of the existing structure on the leased premises to facilitate such improvements or modification. 2. This Lease shall be for a term of fifty (50) years commencing on the 1st day of January, 1986, and terminating on the 30th day of December, 2036, at a yearly rental of One Dollar ($1.00) per year payable upon execution of this Lease; said rental of $1.00 per year being subject to the terms, conditions and exceptions contained herein. 3. Lease of the above described land to LESSEE is strictly limited to commercial use by the LESSEE in its capacity of a Chamber of Commerce. 4. During the term of this Lease, LESSEE shall be fully responsible and liable for all actions that take place on the property and shall indemnify and hold LESSOR harmless from any actions or causes of actions, damages or loss arising from use of the premises by LESSEE, its guests, trespassers, or agents, or any equipment used by LESSEE, its employees, guests or agents, and to defend LESSOR against any such claims. 5. During the term of this Lease, LESSEE must at all times remain a valid Florida Corporation. 6. During the terms of this Lease, LESSEE shall be responsible for maintenance of the property, including, but not limited to mowing, clearing, and keeping said property free from trash and debris, and any other matters necessary to maintain a neat, safe and attractive appearance. Upon termination of this Lease, all impro�veemmenntts with the _cf___trade fixtures shall remain asrt eTi sole and complete property of the LESSOR. 7. LESSEE shall not sublet or assign the leased premises at any time during the term of this Lease without the prior 'written consent of LESSOR. 8. ring the term of this Lease, the LESSEE shall not in .------__—___—_----- any manner sell, convey,.trade, transfer, mortgage, or pledge any interest in the leased property. 9. LESSEE shall insure that any construction thereon or improvements thereto shall comply with all existing building codes and all building, landscaping, and parking regulations of the LESSOR and its heirs, successors or assigns and regulations of all other governing agencies which may have jurisdiction over said matters. 10. The LESSEE agrees that, at its own cost and expense, it shall procure and continue in force, in names of LESSOR and LESSEE, general liability insurance against any and all claims for injuries to persons or property occurring in the premises. Such insurance shall be written in the company of companies authorized to engage in the business of general liability insurance in the State of Florida, and there shall be delivered to the LESSOR customary certificates evidencing such paid -up insurance, which certificates are to be issued by the insurance companies. The policies of insurance provided herein are to be provided by the LESSEE and shall be for a period of not less than one year. The LESSEE shall thirty (30) days prior to the expiration of any policy of insurance deliver to the LESSOR a renewal or new policy to take the place of the policy expiring. The policy of insurance shall be commercial all-risk policy including premises liability in an amount of not less than $500,000.00 per person and $1,000,000.00 per occurence. Should the LESSEE fail to furnish policies as is provided in this Lease, and at the times herein provided, the LESSOR may obtain such insurance and the premiums on such insurance shall be deemed additional rent to be paid by the LESSEE unto the LESSOR upon demand. 11. During the term of this Lease, LESSEE shall be responsible for payment of all property taxes on the property. 12. The terms and provisions of this Lease may be enforced by any court of competent jurisdiction it being specifically agreed between the parties that equitable remedies are appropriate as damages could not adequately compensate either party for a breach of the conditions of this Lease by the other party. In the event any litigation ensues as a result of enforcement of the terms of this Lease, costs and reasonable respectively of the corporation names as LESSOR in the foregoing instrument, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this „� day of December, 1986. NOTARY PUBLIC l My Commission Expires:NUaARY vusrtc sera m r�.n,rDF " CDRRa5510X DF. OR BONDED a4RG GENERAL Iks. J.70. STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared JOHN ABNEY and ED WALPOLE well known to me to be the President and Vice President respectively of the corporation named as LESSEE in the foregoing instrument, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of May, 1987. 'NOTAR P C �` My Co ission Expires: attorney fees may be assessed against the losing party to said litigation. 13. This Agreement shall be binding upon LESSOR and LESSEE and their successors or assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at Okeechobee, Okeechobee County, Florida, this 2nd day of December, 1986. (CORPORATE SEAL) ATTEST: BONNIE THOMAS, Clerk Signed, sealed and delivered in the presence of: AS to City s to Ci (CORPORATE SEAL) ATTEST: ED WALPOLE, � ce 'Presiftnt Signed, sealed and delivered in the presence of: As to Chamber - 'As to'Chamber CITY OF OKEECHOBEE AKLAND CHAPMAN, May6r OKEECHOBEE CHAMBER OF COMMERCE STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared OAKLAND CHAPMAN and BONNIE THOMAS well known to me to be the Mayor and City Clerk - B. . 1 •� ORLW'B FORM E. � r, I��, - • _ ���� Ala day of Thisileed; Id stale, Of I / u( Ihr ( °brit?/ °( �I Pcu•t:+—C.•� -'o_j the first pnrt,.hnd-- Y aril State of��r' Garinly of part.t of 1lie second port ^�, q and �t,���. o/ lhc, first port, for curd in ronsirtrration of tile, suin Of �tL11t11C$Setli, Thus file s !arDollars, is hrrch� RcLiracnl- fire secaid part, the rceript ulhereof in .hand paid by the said parL.1/ f r/mice. re- in remisr�d,'r eirascd and quit-rhrimed, and by these 1), e tts do edged )rr6 �rE++rs�suc o file second part, and lease and -quil-claim nldO he said purl l ( land, situate, l Herr or "raarer! f . oltom ng..described tot 1 cassors rend us,i jns furcurr, ihr ( LC� :State yf !?lip9 are firm g irrihr Garmfg 1 >rrrlrnuncr.s [here - � !hr snmr togrther,alillr all and singular the Rp! - ,, Tolaue and to �,iold 1 turto bclalgiriy or in anyuli.ee upperlairling rind all file cslate, rr Jill tr11c, intere•+I lthr� onlgrpr per ° the rrst pouf, either ur !urn or egrrr ?l clirim u!hufsoeve'l• of file said purf.�d f r heirs, sl.l.rrssur., o the' second prnd, roc. benefit and hellool of the :aid port f 'uiril °ssiyns,f°reacr: hrrennto set of file ati! ur•t haI'kCI Il 1n -witness hereof, 7'he said part,, f• 1; hanctd am , ea14 file dull and gear Trst ubot;c mriticrr- Sir nr d 'ee r and deliur ed in presence of _ /`:r - - .r 4.." �...'. i+�'I: 3f,i•-:..es. .2. a3-.y_y ,�• 'O" Wp.• !�' +r •q�# ,ti ,J<r yrr ' i.Y:?:' 2�. i,'.' ,r �p lyy9 O�.�j :. R1; :37!".+Y ypj'tJ •u,:',�.y� 41 ' �::' - . � . �. W:.��� 1.. F �. k0.. al..a� •�i. t.4i_'y�'�y',.p`•'i'�. :71v0 — ,. ass !�5# .tl} • .'S� ry,- d% :.r'W"'�+ !�"�r d:�j _ _ .%,.��• ;sue - ��.'d�: •. �� +'r"�. �-W� _ 7��{ _ _ ._�t�;�p'''sy,r._a;` +,tl LL. ' : x 3 J �i + y y . V� . U may:, C. u:" +4 - Ol-> 'r - _>~N�1 `•O p p j� a�"i y C .�% O'.7'+ ' 3 nC}p �..•�„(. 6 u•. �j y� 93 rA cd • [/i' _.a �; � �ef.'� $ 3�j "�l $Q .y01 .8 � _.un3a i C�u�c+';� '•�*' R :.OAD-- 59 cc 43 oP u A eM WB.sy� 1p.��-#�o+Si� .. :�. �• : � .0 ��•,p � ••��� � a u. -.+�q �' �.ytii.P A,_. p"�•7:rf�•�•O�.u•W P. At 4 _ C I • C S k.,m[� '�iM1 :fit i'.'ai:•���'l Sy=l. _ .... • Sat �:1' �,Q "•�tN•!„L`,.,`>t, f•• .. .. '{^'s =.. Starr moving toward a new and sensitive area of liits``v SE1MCWWM I . • hation aid ordered the lestiarocy b- dons about what they may have dent C lInbm and Ms, teminsky. is the safely or the president or ekdimxl to -provide. 'do not know Sued sW to PJa the M oastrnrd when the prta lesnt fegrra 'Our podUon hss Wwgs been to • United Staley, now and ror year: about some vital. emberr4aang, court 11— to act On Wednesday, with his lawyers. The Associated use all avalkae ko means to guh- oorna And i think Utatk too hat blodtbraskreverbetweenpr.W. U.B.DistridJddgslJtraHl>LY Press leirrnesL77mttvtxrldptesnvea erie8and trrdhfidttafhrlarnyfor ttne tanntattopuraielnverywaypo dent Glinlonand Wtawiaft. Johnson rdusedtoblock the trsti- cWtdafaaatey-eBddlniv)kgt ga[djuryasapodlibu*aspoesl- ble : wvb 28 the legal dram oubddt mo ny by Agent Cudrelt and eight Mr. Starr Is movhlg toward a new inlet' acid -Mr. StatYe ttpolusmerr. WhBe lighting the battle over key prosecutionwltoms LkEkTdpp. uNfarmed Secret Servic oilloecs and,semttlueatestrfhb htv lion C rar3n Balaly., !:'' . let Serviattestp Mr. Starri . . w6me�dtape �ordir, rviro tad hair suhp'oe ed by Mr. —questioning the tired orPraldcd . Mr. Bakely said he vrauii,ntit lice also Is frying to combo the yecpabr Investigate 9uw* Starr.list ptarapled theappesl CBntmrb Sdad Service tletall and ammient on sry scaled teat lam- �Jmy tmtlrrrony or Mks Tr walked lots the gad jury ro mn and The Justice Depatnnnt Also sent cot unlibane l e®cas about what cs�ng . .. . • whese.20 hours or secretly LE bego nanittli devor - a I. prote�lrepapenvoelrto 0x5utacme OW saw w heard about the pce* Attmnq General Janet Rao re- recorded phone tabs orMs. Lm The mutt oedlr ranehns In Ar-4 .Cant hr case it the appeal, legal . dent and Ms. Lawlasly, a AN Met fissed todEq to describe wharappeals sty trf tine aholrrel,mvesT ody rnfg the Ar8 US Court orAp• ' ornanss kld7beAmodated Peek'. White House Intern. ha' department was raking In the Um dthe pry. • •. peals krthe District orCbhmibbade- President Clinton's lawyers 'IhegraadjugIsprabingpossible. — because they —Ave W-Wjury Regarding tfti•'subpomat arts whether hr accept The Canton opened anothelan dde6sse In the subonYng of pajmx, witness tam- nesters list are seeret by taw. But. - the Secret Service, Mr. Staff ' ¢ +etloai appeat, The admhf cam —drdering W StWA subpoe- perktg and obstruction In an alleged she said. 'What's at slake booed an 'peon to be backing private cc 1sb4lkn on Tue dry had asked the =a a ladtdoor attcffW 10 Mid nut sexual reballowhip.between Ptesl- what 11x 9eaet Service has Irdvged, sib meetings and cmV..0 fill appds mart to te=.k .ade- risierta®debyereerasttnecjrxkge about President CMknb con tki - ;UalmmasabmnwlthhlsTawyas . pA.INTF+iBOI7X' '3197N.W.20thTr. basis tit heel oraaea ale �- President Citnton's private � '' '. 467-2314 •' lawyem even ailed the Setsel Sm f O x E E r H. a E E. f. t: Friky ip.M ► - 21 same ,M*jLV* �d that vke to htstruct rest empioyen failed .&bS&y,8a.o6 tubed ag inst the to testify'to d=AH= to araaier W - cl�- 1Ld • a . All Work Guaranteed• Insurance work accepted y We. We Also Carry Auto Acccrsorf— 61 �T. Qlr using for a gallon H lino,• Diamond Plate • Bug Shields • Running Boards costs Superior Water Works, Inc. • Trailer Hitches: Reese & Draw -Mite • Wiring ® aq/#, ' cash shortage 601 S.W. Park st •763 2Gi6 moved from It She asked Ifthe dmmber'sat torney could mat wilt Mc Code. the c$l$ attorney to see r lids hs t •. sue could be resotveuL -, . - ;:.' . Councilman Markham said e they would have to go to the Liam- rick Trust for approval on that -is- sue. He Said Rwould riot be up to •j the dt3k to change the agreement - Councilman Markham m- ' tanned In his commis and said rtbe chamber tad so 0fpemonay, • they Should not bave spent the : l . on the building and the money Should have been used to reduce th4 W5.OW debt They still -carry ' enNs, _ OlOo nor sad that when •'} t g g� .'• Got tvorkwas dam the labor wa donated and It Is now getting, to - where it is requiring rawatmence to keep It up. She Said u is sow dose to 16 yearn old and things need to be replaced and replaced: She acid the air tarditloow re- . a=* had to bergA&ce& :. n . She agda requested the eater am kaee • •�.!• ltr�l -Tliatiy i s j ' . .:� • i •' aa med and vrcat out ey betweeri the C4' and tl*daembn• . '•i•.:•. .. T..r.; tiin•?vr"r! Fc1 __.:..., - ' �r , ` f _ •fit' FMglrtcJAmn Kirk saw thaflia •felt that Coum 1hunnsibdcham'a had a good pant on presenting.. On budgets to the eonmdl before: they consider whether or not to .. At this point. the dleeueelm deteriorated when C antcitman . Markham told Ms. O'Cmnor fie city had relieved their of the CMistmas decorations and that should help them -with -rxpendl- - tores !o the latrhtgyms;,::: r �.dan? ' He sold UM were it** to have° : .!a tielrepieieed'and be r:vm-i p-'3;• 'daaloud wdrdher they went EEC S back fo dick mmrbers for money to replvice tha decorations or rthe. chirnberwasgmlg to pgy forit .*;. 5 Pe cruse the city Itself was not - in: good Onmxla bo nditlnn,: he . sold they rebated about whether. in bury eemwll" when they real - bed ed how hod it Shape the ehara- -. befs decoraUenswere lo. Ms. Scott sad that they latmd- ed to take the decorations and roc them up and to work with the city as the prated best the and W ng the ch=>w knew, the new dew - rations were ordered oral put up. - She said the members were i o- ing to take the ail decorations and put new ganiannd an them and te- pahrt them. She sold there would have been Chrlstaim decrratiorm She mid there must have been Mrs. O'Connor said they had ..........•M.r 1..• n.,..ihr In ram. p1 v2G4tt Tt , t , r,. on PLUS WE . A! IN YOU 0 Cam shortage 1 601 S.W. Pa SL �ge moved ftm It. She asked V the chernbees at- tornw could meet with Mr. Cook, the d" allococy to see 11 this so* be resolvedL . . Councilman Markham said they Auld have to go to the Ham- rick That for approval an that Is- sue. lie odd It would not be tip to the'cti* to dump the agreement. Councilman Markham re- ou,'d to lids comments and said ifthe chamberhad an little money, 'tbei7 xhould'not have spent the sums aw spent d— y— ago on the building sod the money should have been used t, reduce Wq $35.000 debt they still -carry an the building. I . : Ms,_O`Ctx;nar said that when that we& was, done- the tabor was donated and It Is.now getting to where It to requiring maintenance to keep it up. She antd it in now close bo 15 years old and things need to be repaired end vq*..L She said the air cofiditioner re c=IWhsdtGbevcpkce&..:,11, She again nap meet and workout the bush betwomi the ctLj and the;diaboloer sothe errbaoffirsa could lie rented A?uL James [ilntt saki VU the belbvpt_ they consider Whether.ornot !.D.: approve the rev , At this poftit, the'dlscueifoir daterlonated when Coueotman Markham told Me. mor to city had relieved them of the Chrintrum decoraUtma and that-: #Ries* to thercoming-vionow", �. y. said I* y-- gkii; h--.- :to be/hap tnicnld'and c-'1414 be never U1144 -aermAM whether t6it ivere-golng.. pec ten their members ler moneyj- to replace tba decorations or trtha--� d3mcberwas going topsy.lbett. - �j4p&iwuse the city,#Wx was not' 4d!gaqd financial miudition, he debated = about-wbether :ob=. when they real- Awd lidw bad a shape the ,chum- hers == were in. ed r 6==r they Intend - and bot them up and to work wfth Me city an the project but this nest thing the chamber knew. the new dew - mums were ordered and put up. -She NO the members, was go- -trig to Woo don, old deconations, and put new garland an thein and re- paint them She suld there would have been Christmas decorations, Sbeaskidwemust bale been Mrs, O'Connor said they had -becn notified by the city to come and pick up the chambeva deco- ration Eva. where the city had bem moving amn. They were told We dly did not want to move them any bn-- . - Mrs. O'Connor and Eddie Lebmae said toy bad wedo ar- vangemenhi to pick up the decora- tors and Mr. Lehman said the nerd d" he knew they were bi-. tog paupanwpoica- As the woobanges began to beat up. Mayor j— Kirk Intedected .the comment that was hmmatedal to ==M had the tax word when be said bier point arm that by tha. dtk t-N-0 *qvw : deoormiem.-nay took some Of. the reveria"ity from the -cam - her OW should 9IVe d— — A- nwwwl rebeE Mayor Kirk told the chamber i.oradeniatives -that they cannot s;W at the present d=v be able In 1: q for the CW In F-vidd kv A nandal amblance to giam. He said it would be discussed duffing the dechmA • riot be made until tUE RRv d n E M Lj Et IN, I IV' 3 0 4 uy & Afieh�fh! 1NjadJvxJ09wiw,s - Rod' Cfiffi,1M.n.g e, - Sr.S,. 1. i,. NOT TO BE COMBINED - WITH ANY OTHER OFFER OR REBATE. t IX. NEW BUSINESS CONTINUED. G. Authorize the City to clear and clean undeveloped land and assess the property owner associated costs - Council Member Chandler. Set date and time for budget hearings and tentative millage rate - Finance Coordinator (Exhibit 12), X. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that If a person decides to appeal any decision made by the Ciy Council with respect to any matter considered at this meting, he/she may need to Insure that a verbatim record of the proceeding Is trade, which record Includes the testimony and evidence upon which the appeal Is to be based. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK JAMES E. KIRK, MAYOR JULY 14,1998 - REGULAR MEETING - PAGE 10 OF 10 Member Chandler further stated, there is also a situation in the Northwest Section, Block 43, City of Okeechobee, where the property owners of Lots 1 to 13, have called and complained- about the Lots directly South of them,14 to 26. That property owner lives out of town. The property, Lots 14 to 26, has been cited and liens posted, and there is still no response from the owner. Through research we have found that the owner is now a Trust One of the trustees will sell, but the other will not If the City could write a letter stating that the City estimates it will cost approximately three thousand dollars ($3,000.00) t0 clean up the property and the. City will clean It.up and send the bill to the owner, it might get some response. The owner of Lots 1 to 13 are all willing to purchase the lots South of them from the Trust Council agreed to have Attorney Cook send the letter as suggested and keen the Council Informed as to Progress in the matter. Kathy Scott, President of the Chamber of Commerce appeared before the Council requesting an annual financial support often thousand dollars for the Chamber and the opportunity to renegotiate the current lease to allow for office space rental at the Chamber's building. Following a lengthy discussion, Council requested the Chamber provide the Council with its last two years financial statements, itemizing their revenues and expenditures. After review of those documents, Council will give the request due consideration during the budget process. Coundl also nave Attomev Cook the authorttvto meetwith the Chamber's Attorney to discuss aossible revisions to the existtna lease and for the Attorney to bring it back to the Council for consideration. Council agreed to hold the Budget Workshop on August 25,1998 at 6:00 p.m.; First Budget Hearing on .September 10, 1998 at 6:00 p.m. and the final Budget Hearing on September 22,1998 at 6:00 p.m. Council also discussed the regular meetings for September, they will hold the first meeting as scheduled for the 1 ' and postpone the meeting scheduled for the leto hold it after the Budget Hearing on the 22nd. There being no further items on the agenda, Mayor Kirk adjourned the July 14,1998 meeting at 8:00 p.m. REVISED - EXHIVIT NO. a JAN S AGENDA CITY RESOLUTION NO. 10-01 COUNTY RESOLUTION NO. INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF OKEECHOBEE AND THE OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS all A RESOLUTION OF THE CITY OF OKEECHOBEE, FLOIRIDA D THE BOARD OF COUNTY COMMISSIONERS, ORIDA, AUTHORIZING SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FINDING THE APPLICATION CONSISTENT WITH THE LOCAL COMPREHENSIVE PLAN(S) AND THE LOCAL MITIGATION STRATEGY, DESIGNATING THE LOCAL COMPREHENSIVE PLAN(S) AND THE LOCAL MITIGATION STRATEGY AS THE LOCAL COMMUNITY DEVELOPMENT PLAN, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN DOCUMENTS PERTAINING TO THE GRANT. WHEREAS, the Okeechobee County Board of County Commissioners (hereinafter referred to as the County) and the City of Okeechobee (hereinafter referred to as the City) desire to improve the welfare of the citizens of Okeechobee County after the 2008 hurricanes/tropical storm; and WHEREAS, the County has decided to apply for a Community Development Block Grant (CDBG) to fund disaster recovery activities thatwill benefit residents of the City and unincorporated areas of the County; and WHEREAS, the local comprehensive plan(s) and the local mitigation strategy encourage the provision of surface water management (storm water drainage) improvements, adequate roads/streets, provision of affordable housing or housing sites for low/moderate income households, removal of dilapidated structures and repair of substandard housing, and other CDBG eligible activities. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. The County will submit a $470,595.00 2008 Disaster Recovery Community Development Block Grant application to the Florida Department of Community Affairs (DCA) on or before January 15, 2010, which will include activities that benefit residents of incorporated and unincorporated areas. SECTION 2. The CDBG application is consistent with the local comprehensive plan(s) and the local mitigation strategy, and the local comprehensive plan(s) together with the local mitigation strategy will serve as the community development plan. Page 1 of 2 SECTION 3. The County Administrator is authorized to execute documents pertaining to the grant including but not limited to environmental certification(s), grant application and award agreement, grant modification (if any), and responses to DCA monitoring, subject to appropriate action by the Board and public participation, if applicable. RESOLVED by the City in regular session this-5 th day of January. 2010, Resolution No. 10-01. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney RESOLVED by the County on the day of January, 2010, Resolution No ATTEST: Sharon Robertson, Clerk of Court REVIEWED FOR LEGAL SUFFICIENCY: John Cassels, County Attorney Cliff Betts, Chairman Page 2 of 2 • • DMIBIT 4 JAN 5, 2010 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF OKEECHOBEE AND THE OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS A RESOLUTION OF THE OKEECHOBEE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS, AND THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, FINDING THE APPLICATION CONSISTENT WITH THE LOCAL COMPREHENSIVE PLAN(S) AND THE LOCAL MITIGATION STRATEGY, DESIGNATING THE LOCAL COMPREHENSIVE PLAN(S) AND THE LOCAL MITIGATION STRATEGY AS THE LOCAL COMMUNITY DEVELOPMENT PLAN, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN DOCUMENTS PERTAINING TO THE GRANT. WHEREAS, the Okeechobee County Board of County Commissioners (hereinafter referred to as the County) and the City Commission of the City of Okeechobee (hereinafter referred to as the City) desire to improve the welfare of the citizens of Okeechobee County after the 2008 hurricanes/tropical storm, and WHEREAS, the County has decided to apply for a Community Development Block Grant (CDBG) to fund disaster recovery activities that will benefit residents of the City and unincorporated areas of the County, and WHEREAS, the local comprehensive plan(s) and the local mitigation strategy encourage the provision of surface water management (storm water drainage) improvements, adequate roads/streets, provision of affordable housing or housing sites for low/moderate income households, removal of dilapidated structures and repair of substandard housing, and other CDBG eligible activities, IT IS THEREFORE RESOLVED by the City and County that 1. The County will submit a $470,595 2008 Disaster Recovery Community Development Block Grant application to the Florida Department of Community Affairs (DCA) on or before January 15, 2010, which will include activities that benefit residents of incorporated and unincorporated areas, and 2. The CDBG application is consistent with the local comprehensive plan(s) and the local mitigation strategy, and the local comprehensive plan(s) together with the local mitigation strategy will serve as the community development plan, and 3. The County Administrator is authorized to execute documents pertaining to the grant including but not limited to environmental certification(s), grant application and award agreement, grant modifications (if any), and responses to DCA monitoring, subject to appropriate action by the Board and public participation, if applicable. Resolved by the County on the day of January, 2010, Resolution # Chairman, Board of County Commissioners Attest Clerk of Court Resolved by the City on the day of January, 2010, Resolution # Mayor Attest City Clerk "MlBIfT 5 JAN 5, ZOZO venue * Okeechobee, Florida 34974 * 863-763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant 16j/ IToday's Date Address 140q S -Pa Avc, D)(11t. 7 Phone(s) — 7- Fax No. -L� Name of Property Owner u(� Address S e- I Phone(s) 1 9G3 - �,pJ 7,�, Street to be ClosedV.�.- Date to be Closed Time(s) to be Closed Purpose of Closing me A -�� ►� �Fwi ► Attachments Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications). Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications), If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. rl' State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). ow Clean up is required within 24 hours. EW No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. ual No donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. aw The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. ow Dumpsters and port-o-lets are required when closing the street for more than 3 hours. 'PUBLIC WORKS DEPARTMENT orized. Signature orized Signature gnature 1-2 - l C-1 I Donnie Robertson, Public Works Director Date Typed Name & Title . uate Denny Davis, Chief of Police Typed Name & Title Lfe LJL�i'_D� RPrh Gmi f-h Fire Chief Date Typed Name & Title Brian.. Whitehall, City Administrator Date i yped Name & Title wzrs/ MI-1 OFFICE r rr (Y'O- 2LA166 W 1,9 1 bOCA Authorized Signature Date APPROVEDIDENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title Revised a/05/03 v IN m rnw{- Ti f° S . N Ol - M CDQDv gAni��ia. Avg � C V LC 07 CT ! to O7 to 4� N �- = N W -i N 3rd Arc.- I ^� -J Cn -V CD (In to J, w U o I Sow- E - mm ra�al :." N AVE 6co -jmIV NW 6TH AW v O CD V to i o L N N NW 5TH A' v 'o� Cb U, �o E �r C=r iJ cn J . C:) Cn MWO rnicnl-b-ICA Q000e film NE- 3RD A' v rn v c cn cn to c City of Okeechobee SS SE 3'd Av Okeechote FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhteehal&cityofokeechobe&com * * * * *Memorandum d1916ti Date: for 1/5/10 TO: Mayor & City Councj FR: Adm WhitehalJ� RE: Impact fees miti ati I mentioned in my activity report that the City's impact fee assessment was compiled in May 2007, approx three years ago. A few months ago, the Council discussed suspension of impact fees and determined it wasn't appropriate at that time. Attached is a memo that was distributed at that time considering the merits of suspension. I've now been supplied with a Draft Economic Impact Fee Mitigation Program narrative (attached) from Main Street's Economic Restructuring Committee. Also attached is the City's original summary of capital improvements used to determine the impact fee schedule. I gave you an example of the disparity in Impact fee assessment for prospective businesses in the 115110 activity report. The example of the American Physical Therapy wherein the County is the recipient of 92% of the impact fees is indicative of a commercial assessment. I give this example to amplify that any mitigation by the City is certainly not effective without the County's action. • • Draft Economic Impact Fee Mitigation Program For the purpose of this section, the term "qualified target industry business" shall mean a new or expanding business in the county that has a positive economic and fiscal impact on the county and meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target industry business. For the purpose of this section, the term "applicant" shall include any person, company, research institute or business park developer that will house qualified target industry businesses. Because the imposition of the impact fees herein may place Okeechobee County in a non- competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, there is hereby created an economic development impact fee mitigation program for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees. This program is not intended as an entitlement program. The program is intended to provide the board of county commissioners the opportunity in its sole discretion, to grant impact fee mitigation to qualified target industry businesses. To be eligible for an economic development impact fee waiver, an applicant must meet the following requirements: 1. Qualify as a qualified target industry business and create a minimum of ten (10) new jobs or a ten (10) per cent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least one hundred seven (107) per cent of Okeechobee County's average private sector wage ( excluding the top two (2) executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten (10) years; or 2. Qualify as a qualified target industry business and create a minimum of ten (10) new jobs or a ten (10) per cent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of one hundred (100) per cent of Okeechobee County's average private sector wage (excluding the top two executive salaries) and make a capital investment in the county of one million dollars ($1,000,000.00) million or greater in construction, renovations, equipment purchases, or other major capital investment items and remain in the county for a minimum of ten (10) years; and 3. Enter into an agreement with the county wherein the applicant agrees to locate or expand its business operations to/within Okeechobee County for a period of at least ten (10) years. The agreement will also require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved. Any applicant seeking an economic development impact fee waiver shall file an application for waiver with the county administrator prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain: 1. A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the qualified target industry business is proposed to be located; 2. The name and address of the owner of the property upon which the qualified target industry business is proposed to be located; 3. Proof that the capital facilities impact construction will be a qualified target industry business; 4. A notarized affidavit and all necessary supporting evidence affirming that the requirements of above will be met within one (1) year of the date the certificate of occupancy is issued which term may be extended by the board of county commissioners upon good cause shown; and 5. Other necessary information as determined by the county administrator. Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed herein. Should the board of county commissioners approve and accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner. If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible for the following: 1. If the applicant qualifies under subsection above, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Per Cent of Average Private Sector Created Wage Waiver Amour Minimum of 10 107% plus benefits $3,500 per job created Minimum of 10 150% plus. benefits $5,000 per job created Minimum of 10 200% plus benefits $7,500 per job created k • L.J 2. If the applicant qualifies under subsection above, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however that the board may increase these mitigation amounts in the event the applicant exceeds these requirements: Number of Jobs Created Total Capital Investment Waiver Amount Minimum of 10 $1,000,000 to $4,999,999.99 20% of total county impact fees Minimum of 10 $5,000,000 to $9,999,999.99 30% of total county impact fees Minimum of 10 $10,000,000 to $14,999,999.99 40% of total county impact fees Minimum of 10 $15,000,000 to $19,999,999.99 50% of total county impact fees Minimum of 10 $20,000,000 or more 60% of total county impact fees C " �( \ 3. Each applicant shall only be eligible for mitigation under either subsection, but not both. If the county administrator finds that the applicant meets the requirements provided herein for mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board of county commissioners, which shall contain, but not be limited to, the Okeechobee County impact fee mitigation application for qualified target industries and any other documents as requested by the county administrator. Because this program is not an entitlement program, the board may reject the request for mitigation without cause. Any request for economic development impact fee mitigation must be submitted to the county by the applicant prior to the applicant deciding whether or not they will expand or locate in Okeechobee County. br City of Okeechobee • SS SE 3`d Av Okeechobe'PFL 34974-2932 Office of the City Administratdr Brian Whitehall Ph 863-763 3372 Fax 763-1686 email. bhttehallAcityofokeechobee.com * * * *Memorandum 87Y164• DATE: for July 21, 2009 City Council meeting TO: Mayor & City Council FR: Adm. Whitehall CC: India Riedel, Finance Betty Clement, Gen Sery RE: EAPACT 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 III. IMPACT FEE DEVELOPMENT This Section of the Study describes the methodology for developing the City of Okeechobee's Impact Fees. The City has identified the following public facilities essential to meet anticipated growth: Fire; Law Enforcement; and Public Works. Funding of the City's Capital Improvement Program will be accomplished from a variety of sources including: property taxes, special assessments, grants, gasoline taxes, other sources and impact fees. Impact fees will assist the City in providing future facilities as part of an overall program of funding. Table 5 highlights the Capital Improvement Program relative to City impact fees. Table 5 - Capital Improvement Summary 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 1,299,000 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 Tractor Mowers $ 120,000 Dump Trucks $100,000 Sidewalks $ 100,000 Building Equipment $ 10,000 City Bam Addition $ 200,000 Drainage Improvements $ 2,320,000 Road Construction $ 300.000 $ 3,150,000 City Total $ 5,932,455 1 Wafter H_ Keller. Inc. City of Okeechobee Impact Fee Study Walter H. Keller, Inc. Final Report Consulting Engineers & Planners -7- The Updates! - t ------ from the City Administrator's Desk rd-- -- ---- ---- _ - .5 I -E Av., Okeechobee, FL 34974 City Hall — 7 -63 -3372 OL Council meeting o nuary 5.2010 New and Unfinished Business: • Sign/banner ordinance = We hope to have this on the Jan 1 9th meeting agenda.. There is another modification to the Nov 23"imemo 1 sent to you in last meeting's packets, i the prior Ord called for a 15' setback for all signs, which seems extraordinary. The Code calls for a 20'front setback on structures and signs are defined as structures. The new proposed change is reflected on the attached and calls for a 10' setback for signs etc, Whigh still maybe too stringent. We have a bit of a conflict With bldg setback and sign placement that will need to be addressed by the Council Chamber's interest in subleasing Chamber office s2ace — Candace Burke, Chamber Ex Dir, plans to appear at the meeting to request permission to lease office sP ace. Current 50qr lease (qgp 2036) article #7 Lesee *4460' 6—sh-011 not sublet or assign the 1000 premises 6 any time durft the term of the lease without the prior written consent of the Lessor (City). • Impact fees- As We enter 2010, we're approaching the 3-year anniversary of impact fee implementation. A preliminary discussion has been placed on the Agenda. As you know, the City addressed the topic Of suspension of impact fees in early 2009, but with the 3-yr term approaching perhaps a review of the fees might be in order... hopefully a . review process will result in at least scrutinizing a typical commercial assessment (px7,N6w American Physical Therapy) Of $15,231 of Which $13,943 (92%) is the County's assessment. A recent investigation (in connection with the VNA) found the following: Okeechobee $69,308 (incl County fees) Sebring - sq§pppjpd Wir-tin- Co $49,783 Stuart $12,321 Osceola Co $32,717 StLuCieC6 $11j684 Ft Pierce $43,771 Pt St Luc $11,362 I've attached the minutes from the Main Street Econ Restructuring Comm Whftin there's discussion about an impact fee mitigation presentation that Will be made to the City Council and the County. 115110 Activity report cont'd • Commerce Park Lot pricing on Agenda - I distributed a memo (via email) and it's attached hereto reflecting assessed value and location of lots in the Park. Brian Cartland will be working on other ideas to consider. Robt Meyer was contacted and he contradicted Cartland's assertion of $100,000/acre saying the price is $168k/acre or approx $4/sq ft but that the price was negotiable. The assessed value is approx $75k and may I suggest a selling price of $100k/acre w/ some adjustable economic incentives after the price. • Dates to remember — 0 1/13/09 Main Street's Ec Dev Council noon at IRSC 0 1/16/09 Ec Council of Okeechobee 20t' anniv at Pine Creek Sporting Club o 1/30/09 Okee Fam Health/Safety Expo 9-2pm at Agri Ctr • Curb around medians on SW 5t' Av — anticipate bid opening for this 'gas tax' expenditure on 1/12/09 with decision at the Jan 19t' Council meeting. • City Hall restroom remodel — We've perfected the plans a bit better at the direction of the Building Official. This should satisfy our last obvious ADA compliance issue, budgeted at $24,000. The reason we followed up wl this during the budgeting process is that I knew there'd be some left over constuct'n mess from the elevator (i.e. carpet) and figured we should try to knock out the restrooms. • HINI (swine flu)-- Please see our website link hap:llwww.mylusa fety.com and the link there of Flu.gov to find additional info. • EOC building and impact fees abatement request — this is now being requested by the County again now that the facility is a go. There is not a way to estimate the eventual fee until bldg permit (BP) application is rec'd, but Independent Inspector (II) has indicated they are willing to abate 50% of the fee. I want to advise that we have a contract w/ II and they receive 85% of the BP fees. Any action by the Council legally has to adhere to the contract, 1 would think. • Interlocal Agreement w/ County for CDBG grant is on the Agenda. You recall the City's input involved placing a dry retention area at the 200 blk of SW 11t` St and SW a Ave storm sewer installation as the 2 main projects. • Easement request for sidewalk installation on the north side of the 100 blk of NE 12th St is on the Agenda. This is for the new American Physical Therapy facility. Mr. Nooruddin is requesting that the sidewalk be placed back on his property in order to refrain from removing existing trees. • Holmes property — closed on same 12/23/09. • Amendment 4 on Nov 2010 ballot — we will continue to hear about this bad proposal throughout the year and I've attached a brief memo on it. • Joint meeting with the County Commissioner — Is there interest in informally meeting with the County Commissioners to discuss common issues? if so; I can put it together or perhaps the Economic Council can do it. - Page 2 115110 Activity report cont'd 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... nothing new to report. Animal Control Interlocal Agreement — No meeting has been rescheduled with the County (the County called this meeting now a few months ago to, I suspect, discuss increasing fees)... nothing new to report. Attorney: • 'Goodbread' property 20' R-O-W dedication. 100 blk of SW 21St St, you recall the discussion about the 3' parcel and still on the Agenda is the deeding of the 20' wide tract. We found that the County took ownership of the 3' strip back in 1960, Atty Cook contacted Atty Cassels about the 3' wide parcel, but I have nothing from the County indicating relinquishing their interest. • Annexation of 5-acre Brantley property — spoke with Rob Wilson who has Steve Brantley's approval to annex the 5-ac parcel just east of the nuisance property, hoping to do some legwork prior to any other potential development. Have a copy of a Lis Pendens filed against the Duffy's for that property on the north side of Brantley's. • 803 NW 12"' St and area for Habitat for Humanity donation — as you recall, in lieu of essentially foreclosing on $20, 000 +/- in liens for that property it's being donated to Habitat. Finance: • Revenue receipts for the 1¢ and 1/20 Sales Tax line items reflect a decrease of about 18% less than last year-to-date. The only 'good news' is that that is approx what we budgeted. • Auditors, Hoyman-Dobson, Melbourne, finished their field work in about a week. According to India, preliminary indications are that the fieldwork only yielded a handful of adjusting journal entries... considerably less than any other year, which is a positive indication of the Dept's efficiency. • Investment Policy — We're preparing an investment policy based on other communities and State Statutes. I think it's a good safeguard idea, identifying our investment principles and what instruments we intend to invest in. As a background, the City only invests in Qualified Public Depositories (QPDs) which offer a cpl of layers of safety above the normal $250k FDIC. Banks are 'ranked' predicated on their balance sheet as to what ratio of collateral is required for our investments. If a bank balance sheet is unfavorable, the bank is required to post a higher level of collateral, which could affect their ability or incentive to offer a higher interest rate, hence governmental investments, while maintaining the highest possible level of safety, suffer a bit in investment returns. Page 3 115110 Activity report cost d Fire: • Code Enforcement - We met with reps from the County and OUA on 12/4/09 to discuss a more aggressive approach to grease trap compliance for food service businesses. • Fire Union — Heard nothing more ... ball in their court - Requests incl adding Wally days; amending the education reimbursement requirement ff one quits the Dept and incorporating a cost of living wage increase. One provision that's probably doable is to assure that City Fire Dept personnel be used to fill the shifts. General Services: • Activity report is attached. • Comp Plan Evaluation and Appraisal Regort (EAR) — that we examined last meeting 111W9, was sent to DCA for approval. Anticipate setting 1 /21 /10, 1:00pm meeting at City Hall to invite other Gov agencies soliciting input as part of a "scoping meeting" required by §163.3191(3). LaRue's office has supplied a sample letter that I've attached hereto. • Water Supply 10-yr Plan Ord —We had the 1 "t Rdg on 1113109 and now it's been sent to DCA for approval, prior to the City's final adoption. • Street Asphalt program bids — We have developed the plan/plat sheet for the project. The City budgeted $300k for the project and we are hopeful it will come in at $250k-$260k. Therefore, in connection with the street project we plan to add curbing around the three medians along SW a Avenue, approx 1940 fin ft. as described above. Public Works: • Stimulus funded sidewalk program — I've attached an update of the DOT sidewalk project as was originally approved and then added thereto. Last week rec'd notice from DOT that the first sect'n was awarded 11/18/09 and the 2"d sect'n bids will be opened 3/10/10. The City was advised that we have to pass an additional `authorizing signature' Resolution (#10-02) for this added section which is on the Agenda. DOT indicated that we should be receiving a preconstruction mtg notice soon on the 1st sect'n. • Parks beautification — Boat Ramp Park (end of SE 4th St) has the new picnic table and we are investigating placing a roof over it. Investigated a tiki-type roof, but found the price to be a bit high ... see attached memo to Councilman O'Connor. Again, for minimal costs, we are looking how to improve the 'lift station' park at the end of SE 6th Av and SE 7th St. (By the way, we're going to have to find a better name for that park then 'lift station park'. • DOT and CSX crossing — have nothing new to report on scheduling. End... Page 4 oU V4.4 . • '�-Cw v -'N'4 OKEECHOBEE MAIN STREET, INC. I I I NE 2nd Street — Okeechobee, FL 34972 — Phone 863.357.MAIN — Fax 863.763.1797 www.mainstreetokeechobee.com Economic Restructuring Committee Minutes November 24, 2009 Location: Seacoast National Bank, 1409 South Parrott Avenue, Okeechobee, FL 34974 Members in Attendance: Mark Smith, Terry Burroughs, Bill Dover, Elvie Posey, Brandon Tucker, John Gurney, J.D. Mixon Staff: Brian Cartland, Economic Development Director Mark Smith called the meeting to order at 11:33 am. John Gurney mad a motion to approve the minutes as distributed. Terry Burroughs seconded the motion. The motion passed. Impact Fee Mitigation Program: The committee briefly discussed. Terry Burroughs stated he has spoken with City Council members and City staff as well as Board of County Commission members and County staff regarding this program. Terry stressed once the final presentation is complete, it will be up to the County and City to implement and that the EDC needs to focus on recruitment of target industry prospects. Rapid Permitting Program: The subcommittee met on November 23. Brian Cartland and Terry Burroughs met with Tim English. The meeting was very positive and Tim indicated that it typically takes 2 to 3 days to go through the Planning and Zoning process, and typically takes 4 to 5 hours to review a set of house plans in order to issue a building permit. Therefore, if the customer has submitted all information needed, they can receive same day service if they bring their information in earlier in the morning. If there are issues with the plans and staff needs to provide comments to be addressed, these can be provided to the customer by the next business day. Commercial building permit applications typically take one day to approve; however, with the mechanical and electrical portions, it can take up to 5 days to review and approve these plans. Under no circumstances, according to Tim, should it take more than 10 days to issue a building permit once the applicant has submitted a complete application package. The committee discussed and stated the need to maintain contact with Mr. English and advocate proper resources and staffing when permit activity increases to ensure the ability to continue to deliver outstanding customer service. The committee also was in favor of adding the language below to the EDC website and will encourage the county to add similar language to Building Department site. Okeechobee Main Street, Inc Confidential — Restricted Access This document and the confidential information it contains shall be distributed, routed or made available solely to authorized persons having a need to know within Okeechobee Main Street, Inc,. except with written permission of Okeechobee Main Street, Inc. City of Okeechobee 55 SE r Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email. bwhitehal alncityofokeechobee.com *****Memorandum ***** a 1916 a" Date: for 1/5/10 mtg TO: Mayor & City Council ;e FR: Adm Whitehall ` RE: Commerce Park lot prices I mentioned to you that Brian Cartland, the new Economic Devel Executive Director from Main Street's Economic Development Council, and I have discussed the Commerce Park lot prices. I've attached a map indicating the available lots for sale - Lot# Acres Assessed Value Lot A 2.54 $190,347 all lots currently Lot 6 3.72 $278,776 owned by the Lot 13 3.08 $230,815 City are Lot 14 4.08 $305,755 assessed at Lot 15 3.59 $2693,184 $75,000/ac Lot 16 4.07 $305,000 Lot 17_ 1.497 $112,185 Lot 17A 1.00 $52_458*_---------- _ Lot 17B 1.00 $� *(Lts 17A&B are the Holm Lot 1 2.225 $121,721, **(Lt 1 is for illustration, ow i Mr. Cartland recently spoke to Robt, Titer, LLC) and indicated the selling price fis vacant property. � � e,r. � Prior to the next meeting Mr. Cartlan P�� S�es may be considered in determining oui ro 01�4 , 4 i Okeechobee County Property Appraiser - Map Printed on 12/11/2009 1:36:03 PM Page 1 of 1 Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL- _ LandVal BldgVal ApprVal JustVal Assd Exmpt Taxable 0 0.05 0.1 0.15 mi mm r—" ilia, nnumIaavn, Upuateu: lZiwzuua, was aenvea from aata wmcn was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, irs use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://okeechobeepa.comIGISIPrint Map.asp?pjboiibchhjbnligeafcefocnfkfdfefdbblejngb... 12/11/2009 Page 1 of 2 bwhitehall From: "Floridians for Smarter Growth" <info@florida2010.org> To: <bwhitehall@cityofokeechobee.com> Sent: Wednesday, December 23, 2009 5:12 PM Subject: Sun Sentinel: Amendment 4 would be a job killer Amendment 4 would be a job killer The South Florida Sun Sentinel December 22, 2009 By Mike Jones Political spin doctors cleverly label ballot initiatives so that they sound "too good to be true." So it is with "Hometown Democracy" -- a proposed change to Florida's constitution that will appear on the ballot in November 2010 as Amendment 4. At a time of serious economic hardship, the last thing Florida needs is a California -style system of ballot -box legislation, which hurts the economy and has contributed to unprecedented financial chaos in that state. Under Amendment 4, the people of Florida would be forced to decide thousands of technical land -use items at the ballot box. As we have seen too often in the past, these planning decisions would quickly turn into highly politicized campaign battles. The "spin" provided by special interests, not facts, would become the basis for public decision -making. With Amendment 4, changes to the comprehensive plan would be delayed for years -- until the next regularly scheduled election -- while jobs went elsewhere. Once they finally made their way to the ballot, job -creating projects would be forced to wage an expensive and uncertain political campaign. Voting on everything, regardless of how trivial, as Amendment 4 requires, would invite gridlock, litigation and higher taxes. The lack of predictability created by such a process will cast a pall on our economy for the foreseeable future, should this ill-advised amendment pass. Worse still, this amendment would stop job -creation at a time when it is most needed. This is no time for costly experimentation when foreclosures and unemployment are at historic levels. In an emerging knowledge -based economy, we need to encourage economic diversification 12/29/2009 Page 2 of 2 and make it easier for projects that offer more high -skill, better -paying jobs to come to our state. Amendment 4 is an example of a bad idea with even worse unintended consequences. Crippling job creation by requiring regular political "campaigning" on local growth -management issues is not what our forefathers envisioned. Turning every growth decision into a high-priced media campaign will surely turn public policy into a popularity contest. The pubic deserves better. Our community deserves better. Voters should vote no on Amendment 4. Mike Jones is president and CEO of the Economic Council of Palm Beach County and an active member of Floridians for Smarter Growth, which is opposing Amendment 4. For more information go to: http://Florida20lO.org Paid political advertisement - paid for and sponsored by Floridians for Smarter Growth, Inc., PO Box 532018 Orlando FL 32853. To be removed from our list click here This email was sent to: bwhitehall@cityofokeechobee.com Power i�bv Graa9Qp_ Q _nc eM 12/29/2009 Betty J. Clement General Services Coordinator Activity Sheet Building Department - Independent Inspections, Ltd. Weeks of: November 20, 2009 through December 22, 2009 • Issued 37 building permits for the period and 8 BTR inspections scheduled. • Currently 2 outstanding and 2 failed BTR inspections (Heritage Financial and Seminole Design Build Office). • Old Courthouse renovations still in progress. • AMSA assisted living facility permit issued and picked up for 608 NE 2nd Avenue. • VNA/ALF progresing. Zoning/Land Use/Special ExceptionsNariances Planning Board — No Planning Board Meeting for December. Technical Review Committee — No TRC Meeting for December. General Services The vertical lift is complete, with the State inspection certificate received. Will be out of the office on Wednesday the 23ro and on vacation December 28th through the 31 st. Patty will be in the office the 23rd, 28th and 30th. The 29th and 31 st will be covered by the Clerk's office. Temporary Use Permits — No temp. use permits issued for this period. Bids — One bid for median curbs, advertised the 27th, ready to issue December 28th to be opened January 12th and awarded January 19, 2010. Also working on bid for restroom renovation, roadway improvements, side -arm tractor as well as a bid for Admin. for auditing all to be after the first of the year. Public Works Department — Assisting Donnie on e-mails, utility permits, payables, and citizen requests. MERRY CHRISTMAS ,;L4 Planning & Management Services, Inc. City of Okeechobee Scoping Meeting for the Evaluation and Appraisal Report of the Comprehensive Plan January 21" 2010 1:00 P.M. Agenda I. Introduction and Welcome II. Purpose of Meeting and Relation to Comprehensive Plan III. Review of Major Issues List 1. The need to provide for a transition from residential use to commercial use in certain areas of the City. 2. The need to eliminate inconsistencies between the Official Zoning Map and the Future Land Use Map (FLUM). 3. The need to re-examine the Taylor Creek area and related Plan Policies in order to allow development that would not degrade its water quality. 4. The need to establish compatible and consistent urban design standards for the City's Downtown area. 5. The need to emphasize pedestrian connectivity and establish streetscape standards within the City. IV. Special Issues V. Information Needs VI. Summary of EAR Approach and Schedule VII. Adjourn Providing Planning and Management Solutions for Local Governments Since 1988_^ 1375 Jackson Street. Suite 206 Fort Mvers. FL 33901 239-334-3366 infonlaruenlannina.com Planning & Management Services, Inc. Memo To: Brian Whitehall, City Administrator City Council Members C: Lane Gamiotea, CMC, City Clerk John Cook, City Attorney From: Wm. E Brisson, AICP, Planning Consultant Date: December 21, 2009 Subject: Evaluation and Appraisal Report (EAR) Scoping Meeting List of Invitees We have compiled the list of attendees for the upcoming scoping meeting for the City's EAR. If the City would like to add to the list, please advise. Scoping invitations will be sent to the following - Walker Banning, Regional Planning Administrator (or other representative) Department of Community Affairs walker.banningQdca. state. fl.us Jim Quinn, Environment Manager (or other representative) Department of Environmental Protection Tim. quinnna ,dep. s tate. fl.us Susan Harp, Historic Preservation Planner (or other representative) Department of State sharp@,mail.dos.state.fl.us Wendy Evans, Administrative Assistant II (or other representative) Department of Agriculture and Consumer Services evansw@doacs.state.fl.us Mary Ann Poole, Director (or other representative) Florida Fish & Wildlife Conservation Commission Magi Ann.PoolegMyFWC.com Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 info@larueplanning.com Tracy Suber, Growth Management Liaison (or other representative) Florida Department of Education Tracy.suber@fldoe.org Sherri Martin, Sr. Analyst (or other representative) Governor's Office of Tourism, Trade and Economic Development Sherri.martingeog.myflorida.com Patricia Steed, Executive Director (or other representative) Central Florida Regional Planning Council psteed a@cfrpc.org Jim Jackson, Senior Planner Supervisor (or other representative) South Florida Water Management District jjackson o,sfwmd.gov Lawrence Massey, Growth Management Coordinator (or other representative) Department of Transportation District One lawrence.masseyna@dot.state. &us Noel Chandler, V Vice Chair Okeechobee County Board of County Commissioners nchandlerQco. okeechobee. fl.us William Royce, Okeechobee County, Community Development Director (or other representative(s)) broyce@co.okeechobee.fl.us Dr. Patricia G. Cooper, Ed.D, Superintendent (or other representative) Okeechobee County School Board cooperpQokee.k12.fl.us or kenworthyk(Qokee.kl2.fl.us ?Manager (or other representative) Taylor Creek ?Manager (or other representative) Buckhead Ridge ~ f 1TTH ♦r►u ST e•T tas SIDEWALK (FDOT) PROJECT m< x 121 .' NE 15TH ST ZNE TH ST < < S7 N 1 fH SY ..`� TH ST f 1 N 1 ST NE 2 TH ST 3 N 11 TH ST NW NE 9TH rn m Z:. Z NE 0 m t TH +4 eTH m1 Z NE 9 0> Z rn m NWTT z -Ai k Z.NE A c x NW x < < < eeeo 4TH = ST N m NE 4TH LN 5 T z m z t: N 4 x m= N ST N D m ST PARK ST m rn 70 rn f. E1 S CENTER NTER . H N. > °�' �o z N N m m rn rn Added to Scope of Project W m sw to m> i SE M LN m (H lip < < a Sw m m m< Cr oc } < f :. . -�> S7 J x H w SE'BTft Si•:, ST 9TH. T ' < ; .SW n<i m mm OTH TH sTW.01) f � a 1 m x Wm f #; 14 m DCT 1 4T ST - 1 cd SE 14TH; ST. SE 15TH ST ISTH T .. Original Scope of Project �beBa' N ST �T W ......? _Q GrCr a LU m Z Q '. WOLFF m RD S w ]D 0 Q v ¢ a a DURRANCE RD rn 35TH x City of Okeechobee SS SE 3'd Av Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email: Whttehall(ajcityofokeechobee.com * * * * *Memorandum 41B1b s Date: 12/10/09 T TO: Councilman 'Connor l FR: Adm Whitehal v RE: Tiki but at the boat ramp park We finally reed quotes on the construction of a Tiki-type but for the park from Elbert (Albert?) Snow (634-0202), Seminole Tribe: 11' X I F $2420.00 12' X 12' $2880.00 When we were discussing a donation of the hut, I was excited at the prospects, but even with the Waste Management contribution, to tell you the truth, I'm less excited about the construction at that cost... considering the idea of also buying a cpl more for the next park project by the lift station. * The but roof, accord to Snow has a life of only about 5 years * I'm worried about somebody sating it on fire * That park prob doesn't need shade as much as a park in the open * If we think it does deserve a cover, we can construct a roof at 1/2 the price or better, that's more durable and matches the `green' roofs we have in the other parks ... and do the same thing in the next park Let's get together and discuss this some more....thanks! r49V 1 VA 1 bwhitehall From: "b whitehall" !!5bw �itehall(Mdtye€oke� abee:ei.m> o; Slayton _Williamscia n be errealestate.com>; Dowling Watford - -di rg__ - - <�QbrliHg�ca�Fd(c�el�eeehe�d�td:e�t�i> "�e�e�ir� Matkhar-fl"<lo�t�r�aFkha�t�ei�bai�gi�afl:�t�t>; Mayor qrk' <taeselcirk@comcast.ne Got "Robin t km4m ' 15rbi --k eitjtefel Sent: Tuesday. ©eceiiiber 2Z. 2009 8:42 AM rAttaaht EDG Save the date:pdf - 4u6jeet: Eton gavel Qounci1:Main St Good morning.. Robin con8imed with Brian Cartland that the City Council is invited to this event, at noon on Jan 13th at IRSC. Olease see the attached and let Robin know bg 115/09 it you plan to attend so that we can RSVP as requested: thanks . :.. ::..:.. NOTICE: Due to Florida's broad Public record laws, thus email may be subiect to Public disclosure. Brian WliiteliQ Administrator — ----- laws, - - - ----- City of Ok�eeehobee 55 SE 3rd Av Okeeehobee FL 34974 90.10.:3 72 ext 2 i 2 Original Message From. Brian Cartland Tot Brandon Tucker ; Brian Whitehall. Chris Close ; Chuck Svfrett ; Elvie Posey_ ;John Gurney ; Joshua_D. Mixon ; Mark Smith ; Rick Chartier ; Robbie Chartier ; Ted Kelchner ; Terry Burroughs ; Vic Lancaster Sent: Monday, Deeen iba 21 i 2049 2:1 g PM 866ject: ERC C J� LLI �W G � Z Z w Q a � O W W �CD 0 U 5 W O Y 00 U L , w 0 w u Z �0 O In w p C 4 }; L aJ C V o c ai O o d UU 4� v m �-0 Ln� E VWM >L�co () 0 U 0) � O L C _� }. v.� 'w Z Q\_� ru O N N a) / Ln L cB V N Y 0 J can cc V r— CD — O C: a' m CU 4� -S� Qj Qi 0 Q) a 0 c C: � •r O a.� o V � > o AlkLQ W <t 0 4-1 _0 C3) 0 (0 V W tQ t� V 'fib ya. P--! GetConnected. GetArismrs. Self 88.26% Friend/Relafi-ve 9.4-8- --- % organiiation 2.27% Aidnight - 8 AM gwW% I AM Noon 36.91% Moon 4 FM 31.80% PM - Midnight 21,73% Busiest Hour. 10 - 11 AM --- ---------------- ------------ ---------- ------ 211 Palm Beach/Treasure Coast 101 e-mi-o-g-r-ca -ph ics- - 2008-2009 Okeechobee County Call Volume: 1,192 Sian/Pacific Island 0.08% lack ispantc 4.03% dig 6 n6us Alaskan 0.08% hied Race 1.59% bite 80.20% nknown 3.69% a Call volume increased by 14% between 2007-2008 and 2008-2009 k.=d __e 87.25 - �.i� 12.75 - rnknown Okeechobee County 7 -------------- ------------------- - --------- ------ --- - ---------- - ----- Y*nt & Referral 67% ling 14% ring, Assets & Ref 3% liOfi Only 15% -y/Linkage 1 % ncv IntervenfiDn < 1 % Fema le 70.8W ale 28.44% nknown 0.87% 21 211 Palm 13each/Tr-casum Cast , 009 ?AFJF.i' " Unmet Needs OkeechobeeCounty Get Connected. GetAnswers. « ABUSE/NEGLECT/GRIME 16 0 HEALTH/MEDICAL -- .: _ 94 10 10 64%6 _ ACTIVE CALLER 7 0 HOLIDAY ASSISTANCE 18 12 66:67% ADOPTIQNjFQSTER CARE 2 0 HOME HEALTFVREHAB 32 1 3:734i6 3 ADMIN 2 1 50.00% HOUSEHOLEWURNITURE 10 1 10.00% BUSINESS 2 0 HOUSING 34 5 14:71 CASE MANAGEMENT 3 0 HURRICANE 15 2 13:33°i6 CLOTHING 14 0 INFORMATION 51 6 11:769/0 COMPLAINTS _ 3 0 INSURANCE 96 2 2.0)4 % CONSUMER 9 0 LEGAL 43 1 2.33% CRISIS LINE/16R OTHER AREAS 10 2 20.00% MENTAL HEALTH 56 1 119% DAY CARE/CHILD CARE - 6 1 16,67% INTERPERSONAL PROBLEMS 167 3 1.8G% DISABILITIES 13 0 - .. _ . RECREATIQN/SOGIALLUBS/ORGS 9 1 11;11% DONATIONS INFORMATION 1 0 RUNAWAYS/MISSIN6 PERSONS 1 0 EDUCATION 1 1 100.00% SHELTER 47 8 1.7:02% EMERGENCIES 8 0 SSSSTANCE ABUSE 30 3 10:00% EMPLOYMENT 12 1 8:33% SUICIDE 16 0 ENVIRONMENT 3 0 SUPPORT GROUPS 10 1 10:00% FIN. ASSISTANCE 8s SUPPORT 430 84 19.53% TEST CALLS 23 0 FOOD 110 4 3,64% TRANSPORTATION 15 6 40:00% GANGS/AT-RI6K YOUTH 2 0 VETERANS — 1 0 GOVERNMENTITAXES 27 1 3;70% VOLUNTEERING 3 - 1 33,33% See the regional unmet needs report listing the various reasons why a need might not be met. within each major c gory of need there are often a num- ber of Izd tegories of need-. €or eXam- we 40% of the anmet financial need was for utlljty assistance where no program was fo�lna to meet the need in0 ont of 41 situations; In eleven additional situations the caller had deed ap available re�rl� for utiligt assistance; dental .- - - - - asslstance accounted f�er an additional 34% of the Financial Aaslstance 8 rapport unmet need where no program was found to meet the need in 21 out of 29 situations. tr a u recoa t. r 25 211 Palm BeachfIrreasure Coast ftfei- r-r- a IS 2006-2009 Okeechobee tit, Get Connected. GetAnswers. 1,242 referrals made to 258 programs Toti 50 Aqdfidida Receiving 116ferrdis kipresenlli 83% of all referrals made The aalvation " (Okeech6bde County) 258 Sddgl Security Admifft (Port St Lucie) 5 Eeonoffft Opportunities Coundl Of Indian River County 155 The Florida Bar 5 Big Lake MiSWOAS 01.1trOBC111 66 Together Ric AU*69 LLC: 5 Okeechobee Senior Services 45 Agency for Health Care Administration (West Palm Beach) 4 Florida Department of Children & Families 40 Bay Area Legal Services 4 Florida Rural Legal Services, Inc. 35 Crisis LinesA&R Services in other cities 4 Now Horizons of the Treasure Coast-, Inc. 32 Easy Living Lifeline Program 4 Coalition for independent Living Options, Inc. 25 Florida Department of Financial Services 4 Okeechobee County. 24 Fort Pierce Housing Authority 4 Florida Community Health Centers; Inc 22 Legacy Behavioral Health Center, Inc: 4 Florida Department of Children & Families (Circuit 19) 22 Oakvwood Center of the Palm Beaches-, Inc. 4 Homeless Family Center, Inc.- 19 Okeechobee County Sheriffs Office 4 Area Agency on Aging - Palm Beach/Treasure Coast, Inc. 18 Port St Lucie Hospital; Inc. 4 Okeechobee County Health Department 15 safespace, Inc. - 4 Lawnwood Regional Medical Center eart Institute 14 Amerman Cancer, Skeoftl, IRC Unit Faith Form Mi w Okeechobee ni*-'-.s of 11 Catu holic ic Charities of Martin County 3 Martha's House - ----- -- 11 Children's Home $ Coast) --ocl* of F da (Treasure C 3 CSI -Caring for Seniors, - ijo, Inc. 7 ns Alcoholism Rehabilitation P ra c� Comprehe - ive ol --rog m4, In 3 -- The Sixth Day Homeless Family Center 7 C nselinq and Rec;iY0 ry Center, Inc 3 Workforce Development Board Of the Treasure Coast, Inc. .- - - --: -- - - . -- -- - ---- - 7 CSI Private D Services, I utv Services. Inc - - - -. 3 Florida- -'- ---- da Housing Finance Co ration --- - - --- -- 6 ;' - -:-:: � -- -1 Division of Consumer Services (State of Florida umer Services Florida) -- - -- Cons 3 - U.S. Department of dousingand UrbanD qfo-- --- Development 6 P�Ab I - - � � .--) use Treatment Association % 3 City of Okeechobee 5 ElderCare at Home. Inc. 3 Cover Flon'iidi Health Care Access Program 5 f=tondo--- Commission for the Transportation Disadvantaged ---- 3 Envision Pharmaceutical Services, Inc. 5 Florida Department oi-Eider Affairs • The top two referrals provide financial assistance or help with basic needs such as food or clothing. • Big Lake Missions 0Qy- - h- --- 'p-- --- pQides afood @nry, h--o-t- meals; a l-oth-i-ng plop@1 and warscinal hygiene e items, referrals, 611 household items ekdept _plie arid a toy dfivd. forbiture, school supplies -u ■ Medicare information and q wnse-[Hn- W@g piWido through the FloridaF190da 04pa-r-ffim%nt of Elder Affairs SHINE Program, - 9keechof3ee Senior SeryjGM provides rQVV a. vane services for seniors ine ding -6* of -6te personal care and respite services. -ILL meals; Wngr-eg--- _ Callers were referred to the Florida Department of Children & Family Services for food- Medicaid. stamps and www.21 1 treasurecoast.org 26 Okeechobee County Florida's 47th most populous county with 0.2% of Florida's population Population Housing Population Okeechobee Okeechobee (Census, EsUmates, & Projections) County Florida Housing Counts County 1980 Census 20,264 9,746,961 Housing units, 2000 Census 15,504 1990 Census 29,627 12,938,071 Occupied 12,593 2000 Census 35,910 15,982,824 Owner -occupied 9,420 % change 1990-00 21.2% 23.5% % owner -occupied 74.8% 2009 Estimate 39,703 18,750,483 Renter -occupied 3,173 % change 2000-09 10.6% 17.3% % renter -occupied 25.2% % of change 2000-09 due to net migration 59.5% 83.1 % Vacant 2,911 % vacant 18.8% 2010 Projection 40,495 18,881,443 % change 2008-10 1.2% 0.4% Okeechobee 2015 Projection 42,584 20,055,865 Units Permitted County % change 2010-15 5.2% 6.2% 2000 125 2001 112 % of 2008 population % change 2000-01 -10.4% Under 18 years of age 24.9% 22.3% 2002 135 Over 64 years of age 17.2% 17.3% % change 2001-02 20.5% Median age (2008) 37.6 40.1 2003 151 % change 2002-03 11.9% Persons per square mile (2009) 51 348 2004 160 % change 2003-04 6.0% Households and Family Households 2005 179 Okeechobee % change 2004-05 11.9% Households County Florida 2006 46 Total households, 2000 Census 12,593 6,338,075 % change 2005-06 -74.3% Total households, 2008 13,711 7,499,799 2007 118 % change 2000-08 8.9% 18.3% % change 2006-07 156.5% Family households, 2000 Census 9,022 4,210,760 2008 52 % with own children under 18 42.4% 42.3% % change 2007-08 -55.9% According to Census definitions, a household Includes all of the people who occupy a housing unit. The Total Units Permitted 2000-2008 1,078 occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated people who share living quarters. A family Includes a householder and State Infrastructure one or more other people living in the same household who are related to the householder by birth, marriage, or adoption. Okeechobee Transportation County State Highway Existing Single -Family Home Sales Centerline Miles 103.6 Okeechobee Lane Miles 240.9 Percent Change In Homes Sold County Florida State Bridges 2001-02 NA 9.9% Number 33 2002-03 NA 13.1 % 2003-04 NA 10.7% Okeechobee 2004-05 NA 2.5% Stab Facilities County 2005-06 NA -27.6% Buildings/Facilities 2006-07 NA -29.2% Number 79 2007-08 NA -4.3% Square Footage 695,699 Percent Change in Median Sales Price 2001-02 NA 8.8% State Lands 2002-03 NA 11.8% Conservation Lands 2003-04 NA 17.1% Parcels 2004-05 NA 29.2% Acreage 2005-06 NA 5.6% Non -Conservation Lands 2006-07 NA -5.5% Parcels 2007-08 NA -19.8% Acreage Note: Home sales data are calculated for Metropolitan Statistical Areas (MSAs). Data shown here reflect the value for the MSA in which the county Is located. Okeechobee County Florida 7,302,947 6,337,929 4,441,799 70.1 % 1,896,130 29.9% 965.018 13.2% Florida 161,076 169,171 5.0% 186.603 10.2% 215,488 15.5% 254,026 17.9% 284,120 11.8% 219,087 -22.9% 122,300 -44.2% 59,487 -51.4% 1,671,258 Florida 12,093.1 42,541.8 6,549 Florida 3,953 56,956,904 Florida 36 37,323 46,632.1 3,360,212.8 103 6,062 1,266.3 254.398.2 Okeechobee County Page 2 Employment by Industry Average Annual Employment, Okeechobee Average Annual Wage, Okeechobee % by Category, 2008 County Florida 2008 County Florida All industries $30,295 $40.579 Natural Resource & Mining 11.5% 1.2% Natural Resource & Mining $25.732 $23,981 Construction 8.0% 6.7% Construction $29,957 $42,040 Manufacturing 2.5 % 4.8% Manufacturing $36,229 $48,652 Trade, Transportation and Utilities 19.4% 20.5% Trade, Transportation and Utilities $26,813 $36,220 Information 1.0% 2.0% Information $37,783 $58,194 Financial Activities 3.1% 6.8% Financial Activities $34,063 $55,748 Professional & Business Services 6.8% 14.9% Professional & Business Services $35,253 $46,997 Education & Health Services 16.2 % 13.2% Education & Health Services $34,375 $42,245 Leisure and Hospitality 9.6% 12.3% Leisure and Hospitality $14,651 $21,200 Other services 2.3% 3.3% Other services $25,449 $28,565 Government 19.5 % 14.1 % Government $38,000 $46,424 Labor Force Labor Force as Percent of Population Aged Okeechobee Okeechobee 18 and Older County Florida Unemployment Rate County Florida 1990 64.3% 64.4% 1990 8.5% 6.3% 2000 58.2% 63.4% 2000 5.4% 3.8% 2008 59.6% 63.1% 2008 8.0% 6.2% Financial Health Earnings by Place of Work Okeechobee Okeechobee Poverty County Florida Earnings ($000s) County Florida % living below poverty, 2008 20.8% 13.3% 2000 $323,098 $303,505,288 % ages 0-17 living below poverty, 2008 27.9% 18.4% 2001 $348,588 $315,309,617 % change 2000-01 7.9% 3.9% Okeechobee 2002 $359,594 $328,703,245 Personal Income ($000s) County Florida % change 2001-02 3.2% 4.2% 2000 $610,495 $457,539,355 2003 $376,643 $346,315,563 2001 $670,264 $478,637,023 % change 2002-03 4.7% 5.4% % change 2000-01 9.8% 4.6% 2004 $413,869 $375,315,589 2002 $685.911 $495,489,345 % change 2003-04 9.9% 8.4% % change 2001-02 2.3% 3.5% 2005 $457,560 $408,543,649 2003 $713,397 $514,377,645 % change 2004-05 10.6% 8.9% % change 2002-03 4.0% 3.8% 2006 $478,662 $436.311,039 2004 $789.232 $565,680.690 % change 2005-06 4.6% 6.8% % change 2003-04 10.6% 10.0% 2007 $487,991 $447,432,985 2005 $841,288 $614,432,959 % change 2006-07 1.9% 2.5% % change 2004-05 6.6% 8.6% 2006 $909,602 $668,483,640 Quality of Life % change 2005-06 8.1 % 8.8% Educational attainment Okeechobee 2007 $953,561 $699,176,462 Persons aged 25 and older County Florida % change 2006-07 4.8% 4.6% % HS graduate or higher 65.1 % 79.9% % bachelors degree or higher 8.9% 22.3% Okeechobee Per Capita Personal Income County Florida Okeechobee 2000 $16,999 $28,512 Crime County Florida 2001 $18,468 $29,291 Crime rate, 2008 (index crimes per % change 2000-01 8.6% 2.7% 100,000 population) 4,382.2 4,699.8 2002 $18,651 $29,754 Admissions to prison FY 2007-08 172 41,054 % change 2001-02 1.0% 1.6% Admissions to prison per 100,000 2003 $19,160 •$30,369 population FY 2007-08 430.0 218.3 % change 2002-03 2.7% 2.1% 2004 $20,462 $32.672 State and Local Taxation % change 2003-04 6.8% 7.6% Okeechobee 2005 $21.440 $34,709 2008 Ad Valorem Mlllage Rates County % change 2004-05 4.8% 6.2% County 6.5019 2006 $22,830 $37,099 School 7.6610 % change 2005-06 6.5 % 6.9% Other 1.9744 2007 $23,784 $38,417 Total 16.1373 % change 2006-07 4.2% 3.6% Personal Bankruptcy Filing Rate Okeechobee (per 1,000 population) 2000 County 3.98 Florida 4.45 Prepared by: 2007 State Rank 2.38 35 3.48 NA Florida Legislature Office of Economic and Demographic Research 111 W. Madison Street. Suite 574 Tallahassee, FL 32399 8588 - Note: Florida numbers exclude Miami -Dade County. (850) 487-1402 httpJ/EDR.sMe.fi.us December 20D9