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2010-07-20 CC Regular MeetingJ CITY OF OKEECHOBEE JULY 209 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 463 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor Pro-Tempore: July 20, 2010, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Dr. Edward A. Weiss of the Church of Our Saviour; Pledge of Allegiance led by Mayor Pro-Tempore. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of August 16 through 20, 2010 as "Florida Water Professionals Week." In the absence of Mayor Kirk, Council Member Watford will be serving as Mayor Pro-Tempore and called the July 20, 2010 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by the Very Reverend, Dr. Edward A. Weiss of the Church of Our Saviour; Mayor Pro-Tem Watford led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Absent Present Present Present Present Present Present Present Absent Absent (Major Peterson was present) Present Present Mr. Steve Utter, Regional Director of Floirda Water and Pollution Control Operations Association was present to accept the proclamation which was read in its entirety as follows: "WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization composed of water industry professionals who dedicate themselves to the production and distribution ofsafe drinking water, as well as the proper collection, treatment, reuse, and disposal of wastewaterand stormwater; and WHEREAS, this organization is committed to protecting the health of Florida's citizens and our State's natural resources, and supports the training, certification, and licensing of water industry personnel as a means to achieve these goals; and WHEREAS, this organization, 464 JULY 20, 2010 -REGULAR MEETING -PAGE 2 OF 11 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the week of August 16 through 20, 2010 as "Florida Water (Continued from page one) in recognizing the importance of the Florida Statutes and Administrative Code that Professionals WeeK' continued. regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Week, which applauds their constant efforts to protect our health and environment. NOW THEREFORE, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro Tempore of the City of Okeechobee, Florida, do hereby proclaim the week of August 16 - 20, 2010 as "Florida Water Professionals Week." B. Present the City with an Award for "Best Overall Safety Mayor Pro-Tem Watford explained, the next item is a little different, we have a presentation being made to the Council, Performance for Entities Less than 100 Employees 2010" - Sharon and asked Mrs. Sharon Allison, City's Public Risk Manager to come forward. Mrs. Allison addressed the Council Allison, City's PRM Representative. stating, this past June, she represented the City by attending the Annual Public Risk Management Insurance Conference. This past year, PRM established new criteria for their Safety Awards, they included such things as: you must be an entity that is a drug free workplace; you had to be eligible for their workplace safety credits; utilize loss prevention services; must show an improvement in frequency (ours was decreased by 70 percent) and seventy (again the City's was decreased by 89 percent), for all lines of coverage during the analysis period of October 1, 2006 though March 31, 2010. The City was presented the "2010 Best Overall Safety Performance for Entities less than 100 Employees Award." It is a great honor to be able to present this to the City Council. Mayor Pro-Tem Watford accepted the award on behalf of the City Council, and thanked Mrs. Allison for her work and representing the City. C. Present a Five -Year Service Award to Glenda Wilson. Mrs. Wilson graciously accepted a Longevity Service Certificate, which read, "Presented to Glenda Wilson, In Appreciation for Your 5 Years of Hard Work and Dedication with the City of Okeechobee July 15, 2005 through July 15, 2010. Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have Benefitted Greatly by Your Performance," as well as a cross pen with her name engraved on it. D. Present a Ten -Year Service Award to Marvin Roberts. Mr. Roberts graciously accepted a Longevity Service Certificate, which read, "Presented to Marvin Roberts, In Appreciation for Your 10 Years of Hard Work and Dedication with the City of Okeechobee July 7, 2000 through July 7, 2010. Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have Benefitted Greatly by Your Performance," as well as a monogrammed City jacket. JULY 20, 2010 - REGULAR MEETING - PAGE 3 OF 11 465 IL - AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. E. Announce and Proclaim the General Election date for the City as November 2, 2010. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 15, 2010 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2010 Warrant Register: General Fund ................................ $489,704.55 Public Facility Improvement Fund .................. $11,972.67 COUNCIL ACTION - DISCUSSION - VOTE Mayor Pro-Tem Watford read the following proclamation in its entirety for the record: "WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein. NOW, THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIMAND DECLARE that a GENERAL CITYELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 2, 2010, during the regular hours of voting, towit. from 7:00 a.m. to 7.00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 4, 2011 and ending January 7, 2014 following such election or until their successors are elected and qualified: THREE (3) COUNCIL MEMBERS AND ONE (1) CITY CLERK Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 20' day of July , 2010." Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the June 15, 2010 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to approve the June 2010 Warrant Register in the amounts: General Fund, four hundred eighty-nine thousand, seven hundred four dollars and fifty-five cents ($489,704.55); Public Facility Improvement Fund, eleven thousand, nine hundred seventy-two dollars and sixty-seven cents ($11,972.67); seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 20, 2010 -REGULAR MEETING -PAGE 4 OF 11 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor Pro -Tern Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR PRO-TEM WATFORD OPENED PUBLIC HEARING FOR RESOLUTION ADOPTION AT 6:13 P.M. A.1. a) Motion to adopt proposed Resolution No. 10-06 regarding the Council Member O'Connor moved to adopt proposed Resolution No.10-06 regarding the preliminary rate assessment preliminary rate assessment of Solid Waste Collection and Disposal of Solid Waste Collection and Disposal Services; seconded by Council Member Williams. Services - City Attorney (Exhibit 1). b) Public discussion and comments. Attorney Cook read proposed Resolution No.10-06's title as follows: "A PRELIMINARYRATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTEASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARYNOTICE THEREOF TOAFFECTED LANDOWNERS IN THE CITYOF OKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Pro-Tem Watford yielded the floor to Administrator Whitehall, who began by explaining how the rate calculation was configured. The City's contract calls for a Consumer Price Index, predicated on a May to May basis, it reflects a 2.0 percent increase, this increase would be relative to the collection part of the rate. The other part of the rate is determined more from Waste Management, predicated on their fees, it increased a little, but only constitutes about 20 percent of the entire rate. The total rate will increase 2.3 percent. Last year the residents paid and were assessed $216.48, and this year it will be $221.52, an increase of about $5.00 for the year or 42 cents per month. He then noted that Mr. Jeff Sabin and Mrs. Jenny Pung were present to address any concerns or questions. Mayor Pro -Tern Watford asked whether there were any questions or comments from the public? There were none. The only comments from the Council came from Mayor Pro-Tem Watford regarding recycling and a comparison between the City's and County's rate. The City's rate is lower than the proposed County rate at this time. JULY 20, 2010 - REGULAR MEETING - PAGE 5 OF 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. A.1. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to adopt proposed Resolution No. 10-07 regarding the Council Member Williams moved to adopt proposed Resolution No. 10-07 regarding the provision of Solid Waste provision of Solid Waste Collection and Disposal Services - City Collection and Disposal Services; seconded by Council Member Markham. Attorney (Exhibit 2). b) Public discussion and comments. Attorney Cook read proposed Resolution No. 10-07's title as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2010-2011; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Mayor Pro-Tem Watford asked whether there were any questions or comments from the public? There were none. The only questions from the Council were for staff to explain the difference between this proposed resolution and the previous one. The previous resolution advises what the proposed rate will be, this one adopts the rate and certifies the assessment to the Property Appraiser. CLOSE PUBLIC HEARING - Mayor Pro-Tempore. 111 MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:20 P.M. IX. OPEN PUBLIC HEARING FOR THE ADOPTION OF CDBG GRANT MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR THE ADOPTION OF CDBG GRANT RESOLUTIONS - Mayor Pro-Tempore. RESOLUTIONS AT 6:21 P.M. A. 1. a) Motion to adopt proposed Resolution No. 10-08, Fiscal Year 2009 Council Member Markham moved to adopt proposed Resolution No. 10-08 which adopts a Fiscal Year 2009/2010 Local Housing Assistance Plan for the Community Development Local Housing Assistance Plan for the Community Development Block Grant; seconded by Council Member Williams. Block Grant - Nancy Phillips, Grant Administrator (Exhibit 3). 11 467 468 JULY 20, 2010 - REGULAR MEETING - PAGE 6 OF 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. PUBLIC HEARING FOR CDBG GRANT RESOLUTIONS CONTINUED. A.1. b) Public discussion and comments. Attorney Cook read proposed Resolution No. 10-08's title as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, ADOPTING FISCAL YEAR 2009/2010 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." City Grant Consultant, Nancy Phillips of Nancy Phillips and Associates addressed the Council by explaining, part of the Community Development Block Grant application process, when undertaking a housing grant, is that a local government has to adopt a Local Housing Assistance Plan. This outlines how the program will be administered. What is being presented tonight is a plan that conforms to the 29 items that the State is requiring. It talks about how the various applications will be ranked and how they are going to be advertised for the people to make the application. It deals with the maximum, as to how much can be expended on each house without coming back to the Council for additional approval. Deals with the change order procedures and with the solicitation of contractors. It also identifies some new ideas, such as what are green initiatives. This plan can be changed as we get further into the program, should we notice something is not working. However, the Florida Department of Community Affairs (DCA) would have to approve the changes before implementation. Mayor Pro-Tem asked whether there were any other questions, or comments from the public? There were none stated. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to adopt proposed Resolution No. 10-09, authorizing the Council Member Williams moved to adopt proposed Resolution No.10-09 authorizing the filing of a 2009 Fiscal Year filing of Florida Small Cities Community Development Block Grant Florida Small Cities Community Development Block Grant Application; seconded by Council Member O'Connor. Application - Nancy Phillips, Grant Administrator (Exhibit 4). b) Public discussion and comments. Attorney Cook read proposed Resolution No. 10-09's title as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2009 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA' DEPARTMENT OFCOMMUNITYAFFAIRS, AND DESIGNATION OF SIGNATUREAUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABI Ll TY; PROVIDING FOR AN EFFECTIVE DATE." JULY 20, 2010 - REGULAR MEETING - PAGE 7 OF 11 469 1 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. PUBLIC HEARING FOR CDBG GRANT RESOLUTIONS CONTINUED. B.1. b) Public discussion and comments continued. c) Vote on motion. CLOSE PUBLIC HEARING - MAYOR PRO-TEMPORE. X. NEW BUSINESS. Ms. Phillips addressed the Council by stating, the application deadline is this Thursday, the City is applying for $700,000.00 in the housing rehabilitation activity. The budget is $560,000.00 for housing rehabilitation, $35,000.00 for temporary relocation, and $105,000.00 for administration. The average CDBG Cost per house is $59,500.00. We are projecting to rehabilitate at least 10 units, two of which will be occupied by very low income residents. They have not been identified, and will not be until the City is notified it was awarded the grant. The City's application score is 653.71 points. The City has applied for this type of grant before, but was not successful. There have been significant changes in the process. First, they have changed the application scoring. One of the things that the Department of Housing and Urban Development (HUD) did that effects everybody nationwide is they no longer recognize Hispanics as a minority. So all the minority calculations had to be redone. Points are given in the application process based on the number of minority staff people, we lost some points there. However, we gained them back by adding the green initiatives to the Housing Assistance Plan. Council Member O'Connor asked whether there was anything the Council could do to help the City's position in the application? Ms. Phillips responded, the one thing that is really important for this year is that they have not had grant cycles in almost two years, because of that, they have put more money into the housing category. Last time we submitted an application, we were one below of what got funded. I am hoping with the extra money coming in, that we are going to be in the fundable range. Nobody knows how this change in the minority status is going to affect the applications that come in. The CDBG grants were designed to be based on points, she did not recommend the Council making calls to DCA or other state agencies at this time. Mayor Pro-Tem asked whether there were any other questions, orcomments from the public? There were none stated. KIRK - ABSENT WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:35 P.M. O'CONNOR - YEA MOTION CARRIED. A. Fair Housing Presentation for Elected Official and the General Ms. Phillips took time to review the Fair Housing Manual for training purposes of the Council and the general public Public pertaining to the Fiscal Year 2009 Community Development present. Fair housing is a right of every American. The right to live where they choose, to raise a family, to own a Block Grant - Nancy Phillips, Grant Administrator. home, in dignity and without fear of discrimination, is a fundamental right guaranteed to all Americans. Fair housing is a right protected by federal and state laws. 470 JULY 20, 2010 - REGULAR MEETING - PAGE 8 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II X. NEW BUSINESS CONTINUED. A. Fair Housing Presentation for Elected Official and the General Fair housing means an individual may freely choose a place to live without regard to race, color, religion, sex, national Public pertaining to the Fiscal Year 2009 Community Development origin, handicap or familiar status. The fair housing act protects people with physical or mental disabilities. It is illegal Block Grant continued. 11 for anyone to deny an individual. What is discrimination? Housing discrimination is rarely blatant. It is usually disguised and is done with a smile and handshake. An individuals fair housing rights are violated when he/she is prevented from renting or buying a residence because of race, color, religion, sex, national origin, handicap or familial status. The Federal Fair Housing Act requires that local governments aid in the prevision of discrimination due to race, color, religion, sex, national origin, handicap or familial status in the areas of rental and real estate transactions within the local community. By working with local governments, lending institutions, landlords, and developers to educate individuals in your community about the Fair Housing Act, discrimination can be eliminated. Should an individual feel that they are being treated unfairly, the City is to encourage to call HUD at 1-800-669-9777, or the complaint can be given to Ms. Phillips to assist them. The City has adopted, by ordinance, as required, to prohibit discrimination in the sale or rental of housing on the bases of the seven protected classes. Methods of encouraging fair housing are: hold public educational and training programs for the general public; annually review local land use and zoning laws and procedures to determine whether they contribute to or detract from fair housing; send letters to businesses selling, renting or financing housing encouraging them to adhere to the Federal Fair Housing Law; provide public endorsement of the principle of fair housing; require the use of affirmative marketing and advertising practices by private developers as a condition for obtaining local licensees and permits; establish a Fair Housing Commission to review and investigate activity and complaints for housing related industries. There was no official action required on this item. Mayor Pro-Tem Watford thanked Ms. Phillips for her presentation. B. Motion to award a proposal for Professional Audit Services to Council Member Markham moved to award a proposal for Professional Audit Services to Hoyman Dobson, Certified Hoyman Dobson, Certified Public Accountants - City Administrator Public Accountants as recommended by the Audit Committee; seconded by Council Member O'Connor. There was (Exhibit 5). 1 a brief discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 20, 2010 - REGULAR MEETING - PAGE 9 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 X. NEW BUSINESS CONTINUED. - C. Motion to approve the designation of Sharon Allison as the City's Council Member O'Connor moved to approve the designation of Sharon Allison as the City's Representative and Board Representative and Board Member and India Riedel as Alternate to Member and India Riedel as Alternate to the PRM Health Trust per the requirements of Article 6.1 of the Bylaws; the PRM Health Trust per the requirements of Article 6.1 of the seconded by Council Member Williams. There was a brief discussion on this item. Bylaws - City Administrator. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Update from the Business Development Board of Okeechobee - Mr. Brian Cartland, Executive Director of the Business Development Board gave a power point presentation of their Brain Cartland, BDB Executive Director. progress and goals. Highlights of the power point were: O New Members listing. O Business Assistance: 67 inbound business calls for technical assistance, 71 business visits, 32 primary industry businesses, 119 businesses provided enterprise zone information. O Entrepreneurial Development Financial Services Network, Business Wellness Program, Library Business Assistance Center. OExport Promotion. Hosted trade reps from Enterprise, Florida and U.S. Department of Commerce. Magna -Bon with projects in the Dominican Republic, Jamaica, Germany. Royal Concrete working on concepts in Angola. Syfrett Feed, Galley Maid and CEECO are other companies we have contacted. O Other strategic partnerships we are working on: Florida's Heartland Rural Economic Development Initiative. Florida's Research Coast Economic Development Coalition. Foreign Trade Zone is being considered that we can use in our tool belt with FHREDI. South Florida Manufacturers Association, National Association of Industrial and Office Properties. Council for Supply Cain Management Professionals. Supply chain training center advisory committee working with materials handling industry of America. Banner Center - Logistics and Distribution Advisory Council. O Marketing and Public Relations: web site; magazine articles, Okeechobee Magazine, Florida Trend, Homegrown; WOKC; Okeechobee News, TC Palm, and the Treasure Coast Business Journal. O New Businesses: Prospecting activities, information packages sent to 19 qualified prospects, Enterprise, Florida leads, networking with strategic partner organization. O New businesses assisted, LS9, Applied Biotechnologies Water Treatment, Ag Spectrum, B&D Biomedical Waste Services, Jackson Diagnostic Imaging, Sunny Fresh Citrus Packing, Okeechobee Dodge Chrysler Jeep.. O Expanding businesses: Magna -Bon, Concrete Products of the Palm Beach, National Pool Wholesalers, Under the Sun Distribution, Making a Splash, Royal Concrete Concepts, Max -professional (Ecotec), Quail Creek Plantation, Okeechobee KOA, Fly N High Enterprises 472 JULY 20, 2010 - REGULAR MEETING - PAGE 10 OF 11 AGENDA X. NEW BUSINESS CONTINUED. D. Update from the Business Development Board of Okeechobee continued. E. Discuss National Day of the American Cowboy to be held July 24, 2010 - Terry Burroughs, Okeechobee Main Street. COUNCIL ACTION - DISCUSSION - VOTE O Results for companies served - projections for projects to date new jobs 121, average wage $31,620.00, wage impact $3.8 million, capital investment $4,555,000.00, new 34,500 s.f. absorbed $64,300.00. County tax impact $58,704.00, City tax impact $2,883.00 O Results for companies served - example projects: Magna -bon seeking to add 25,000 s.f. facility, four jobs. Ecotec adding 7,500 s.f. facility, no additional jobs. LS9 adding 40 jobs at average annual wage of $35,000. B&D Biomedical, invested $500,000.00 and creating nine jobs. Applied Biotechnologies Water Treatment invested $10,000 into 3,400 s.f. leased facility at airport incubator and is creating five jobs. Not included in numbers: Royal Concrete Concepts 1,000 jobs for Angola project. Additional prospects with job total over 2,000. The Council thanked Mr. Cartland for the update. Mr. Terry Burroughs also took a moment to emphasize the amount of work Mr. Cartland has accomplished since being appointed as the Executive Director. There was no official action taken on this matter. Mr. Terry Burroughs of Okeechobee Main Street addressed the Council requesting approval and support to conduct the 4" Annual Day of the American Cowboy Festival and Cattle Drive. He advised that they have received the parade permit from the Florida Department of Transportation, both Chief Davis and Sheriff May have been part of the planning process. The cattle drive begins at 10:00 a.m. at Eli's Western Wear along North Park Street, and should arrive at the Ag-Center at 11:30 a.m. followed by the shooting team performance, and ranch rodeo. This years event will be dedicated to Pete Keogh, former ag-center facility manager, who lost his battle with cancer this past year. Council Member O'Connor moved to approve the Annual Day of the American Cowboy Festival and Cattle Drive; seconded by Council Member Williams. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Motion to approve the 2010 - 2010 Fiscal Year Tentative Budget Council Member O'Connor moved to approve the 2010 - 2011 Fiscal Year Tentative Millage Rate of 7.993, and preparation and millage calendar - City Administrator (Exhibit 6). approve the Budget Calendar: August 17, at 5:00 p.m. Budget Workshop, September 7 (if a second workshop is needed), September 14, at 6:00 p.m. First Budget Public Hearing, and conduct the Final Budget Public Hearing on September 28 at 6:00 p.m; seconded by Council Member Markham. JULY 20, 2010 - REGULAR MEETING -PAGE 11 OF 11 473 1 F� AGENDA X. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE F. Motion to approve the 2010 - 2010 Fiscal Year Tentative Budget VOTE preparation and millage calendar continued. KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Consider a temporary street closing for Southwest 4m Avenue Council Member Markham moved to approve a temporary street closing for Southwest 41h Avenue between North and between North and South Park Streets from Noon to 6:00 p.m. on South Park Streets from Noon to 6:00 p.m. on August 21, 2010 for the First Annual Martha's House Family Fun Day August 21, 2010 for the First Annual Martha's House Family Fun Back to School Bash; seconded by Council Member O'Connor. Day Back to School Bash - City Administrator (Exhibit 7). 11 H. Discussion pertaining to City issues - J.A. Tootle (Exhibit 8) XI. ADJOURN MEETING - Mayor Pro-Tempore. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Dowling R. Watford, or o-Tempore Lane Gamiotea, CIVIC, City Clerk VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. J.A. Tootle requested to address the Council to make his grievances known on matters such as a basketball court allowed on City property at the Fire Department and the matter of the City supplying the Property Appraiser's Office the annual list of public property. While continuing his address, he turned to matters of the Federal and State governments, which are not relevant to City matters. Mayor Pro-Tem Watford asked Mr. Tootle to remain on topic to which he replied that he would require at least an hour to make his presentation. Mr. Watford advised that he had 10 minutes to summarize his grievances. Mr. Tootle gathered his belongings from the podium and left the meeting chambers. There was no official action taken on this item. There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 7:25 p.m. The next meeting will be August 17, 2010 at 5:00 p.m. C—LI! c 17-- • C7 CITY OF OKEECHOBEE JULY20, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER -MAYOR PRO TEMPORE: July 20, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Edward A. Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor Pro Tempore. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor Pro Tempore A. Proclaim the week of August 16 - 20, 2010 as "Florida Water Professionals Week." B. Present the City of Okeechobee with an award for "Best Overall Safety Performance for Entities Less Than 100 Employees 2010 - Sharon Allison, City of Okeechobee PRM Representative. PAGE 10F 4 2010 PAGE 2 OF 4 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. C. Present a Five Year Service Award to Glenda Wilson. D. Present a Ten Year Service Award to Marvin Roberts. E. General Election Proclamation for November 2, 2010. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 15, 2010 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2010 Warrant Register. General Fund $489,704.55 Public Facilities Fund $ 11,972.67 VII. AGENDA - Mayor Pro Tempore. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ADOPTION OF RESOLUTIONS - Mayor Pro Tempore A.1.a) Motion to adopt proposed Resolution No.10-06 regarding the preliminary rate assessment of Solid Waste Collection and Disposal Services -City Attorney (Exhibit 1). b) Public comments and discussion. c) Vote on motion. 20, 2010 PAGE 3 of 4 VIII. PUBLIC HEARING FOR ADOPTION OF RESOLUTIONS CONTINUED. B.1.a) Motion to adopt proposed Resolution No. 10-07 regarding the provision of Solid Waste Collection and Disposal Services - City Attorney (Exhibit 2). b) Public comments and discussion. c) Vote on motion. 0 CLOSE PUBLIC HEARING. IX. OPEN PUBLIC HEARING FOR THE ADOPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT RESOLUTIONS - Mayor Pro Tempore A.1.a) Motion to adopt proposed Resolution No.10-08, Fiscal Year 2009 Local Housing Assistance Plan for the Community Development Block Grant - Nancy Phillips, Grant Administrator (Exhibit 3). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to adopt proposed Resolution No.10-09 authorizing the filing of Florida Small Cities Community Development Block Grant Housing Application - Nancy Phillips, Grant Administrator (Exhibit 4). 0 b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. X. NEW BUSINESS. A. Fair Housing Presentation for Elected Officials and the General Public pertaining to the Fiscal Year 2009 Community Development Block Grant - Nancy Phillips, Grant Administrator. B. Motion to award a proposal for Professional Audit Services to Hoyman Dobson Certified Public Accountants - City Administrator (Exhibit 5). 20, 2010 PACE 4 OF 4 X. NEW BUSINESS CONTINUED. C. Motion to approve the designation of Sharon Allison as the City's Representative and Board Member and India Riedel as Alternate to the PRM Health Trust per the requirements of Article 6.1 of the Bylaws. D. Update from the Business Development Board of Okeechobee - Brian Cartland, BDB Executive Director. E. Discuss National Day of the American Cowboy to be held July 24, 2010 - Terry Burroughs, Okeechobee Main Street. F. Motion to approve the 2010-2011 Tentative Budget Preparation and Millage Calendar - City Administrator (Exhibit 6). G. Consider a temporary street closing for SW 4'h Avenue between State Rd 70 and SW Park Street from Noon - 6:00 p.m. on August 21, 2010 for the First Annual Martha's House Family Fun Day Back to School Bash - City Administrator (Exhibit 7). H. Discussion pertaining to City issues - J.A. Tootle (Exhibit 8). XI. 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 is for the sole purpose of backup for official records of the Clerk. yOF OKFCyO CITY OF OKEECHOBEE s JULY20, 2010 REGULAR CITY COUNCIL MEETING LANE'S `HANDWRITTEN' MINUTES I. CALL TO ORDER - Mayor Pro-Tempore: In the absence of Mayor Kirk, Council Member Watford will be serving as Mayor Pro-Tempore, and called the July 20, 2010 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: The invocation was offered by the Very Reverend, Dr. Edward A. Weiss of the Church of Our Saviour; Followed by the Pledge of Allegiance led by Mayor Pro-Tem Watford, III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk - Absent 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 Fire Chief Herb Smith - Present Public Works Director Donnie Robertson - Present IV. PRESENTATIONS AND PROCLAMATIONS - Mayor Pro-Tempore. A. Proclaim the week of August 16 through 20, 2010 as "Florida Water Professionals Week." Mr. Steve Utter was present to accept the proclamation which was read in its entirety as follows: "WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization composed of water industry professionals who dedicate themselves to the production and distribution of safe drinking water, as well as the proper collection, treatment, reuse, and disposal of wastewater and stormwater, and WHEREAS, this organization is committed to protecting the health of Florida's citizens and our state's natural resources, and supports the training, certification, and licensing of water industry personnel as a means to achieve these goals; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and storm water systems in Florida by celebrating Florida Water Professionals Week, which applauds their constant efforts to protect our health and environment. NOW THEREFORE, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro Tempore of the City of Okeechobee, Florida, do hereby proclaim the week of August 16 - 20, 2010 as "Florida Water Professionals Week." Steve: Council, on behalf of the FWPCOA and our 6,000 members, and especially the local operators & workers you have here in okeechobee we appreciate your efforts to maintain and provide good drinking water & the treatment of waste & I know in these times its really hard to do that & you guys have really done a fine job here in Okeechobee. In the next 2 weeks we'll be out here to provide education to your distribution operators & we look forward to doing that in the middle of August. Dowling - thank you. B. Present the City with an Award for "Best Overall Safety Performance for Entities Less than 100 Employees 2010" - Sharon Allison, City's PRM Representative. Dowling, the next item is a little different when we have a presentation being made to the Council, I'll ask Sharon Allison to come forward, she's our PRM representative on the board. Page -1- Sharon - this past June I was representing the City of Okeechobee I attended the Annual Public Risk Management Insurance Conference, this past year PRM established new criteria for their Safety Awards, they included such things as you must a entity that it s a drug free workplace, you had to be eligible for their workplace safety credits, utilize loss prevention services, must show an improvement in frequency and severity for all lines of coverage during the analysis period of October 1, 2006 though March 31, 2010. With a 70 percent decease in frequency and an 89 percent decrease in severity, the City was presented the 2010 Best Overall Safety Performance for Entities less than 100 Employees Award. It is a great honor to be able to present this to the City Council. Dowling - this is very nice, on behalf of the City Council I'm happy to accept this and thank you for your work representing the city on the board and we appreciate it and please relay our thanks to the board for this award, and I will turn this over to the clerk for safe keeping. C. Present a Five -Year Service Award to Glenda Wilson. Mrs. Wilson graciously accepted a Longevity Service Certificate, which read; "Presented to Glenda Wilson, In Appreciation for Your 5 Years of Hard Work and Dedication with the City of Okeechobee July 15, 2005 through July 15, 2010 Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have Benefitted Greatly by Your Performance" as well as a cross pen with her name engraved on it. D. Present a Ten -Year Service Award to Marvin Roberts. Mr. Roberts graciously accepted a Longevity Service Certificate, which read, "Presented to Marvin Roberts, In Appreciation for Your 10 Years of Hard Work and Dedication with the City of Okeechobee July 7, 2000 through July 7, 2010 Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have Benefitted Greatly by Your Performance" as well as a monogrammed City jacket. E. Announce and Proclaim the General Election date for the City as November 2, 2010. Mayor Pro-Tem Watford read the following proclamation in its entirety: "WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 2, 2010, during the regular hours of voting, towit: from 7:00 a.m. to 7.00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 4, 2011 and ending January 7, 2014 following such election or until their successors are elected and qualified: THREE (3) COUNCIL MEMBERS AND ONE (1) CITY CLERK. Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 20' day of July' 2010." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 15, 2010 Regular Meeting. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the June 15, 2010 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2010 Warrant Register: GeneralFund.............................................................. $489704.55 Public Facility Improvement Fund ................................................ $11,972.67 Council Member Markham moved to approve the June 2010 Warrant Register in the amounts: General Fund, four hundred eighty-nine thousand, seven hundred four dollars and fifty-five cents ($489,704.55); Public Facility Improvement Fund, eleven thousand, nine hundred seventy -tow dollars and sixty-seven cents ($11,972.67); seconded by Council Member Williams. Page -2- VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor Pro-Tempore. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Pro Tern Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none presented or requested. Vill. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor PRO-TEM WATFORD AT 6:13 P.M. A. 1. a) Motion to adopt proposed Resolution No. 10-06 regarding the preliminary rate assessment of Solid Waste Collection and Disposal Services - City Attorney (Exhibit 1). Council Member O'Connor moved adopt proposed Resolution No. 10-06 regarding the preliminary rate assessment of Solid Waste Collection and Disposal Services; seconded by Council Member Williams. b) Public discussion and comments. Attorney Cook read proposed Resolution No.10-06's title reads as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTIONAND DISPOSAL SERVICES; SETTING FORTHA BRIEFDESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR, AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Dowling - first we'll hear from staff and any comments they have. Brian - I distributed a memo explaining how rate was calculation was configured, as you know our contract calls for a cpi index predicated on May to May and it reflected a 2.0 percent increase so that kind of jurisdicts the increase that would be relative to the collection part of the rate, the other part of the rate is determined more from waste management, predicated on their fee's it increased a little bit but it only constitutes probably about 20 percent of the rate. Any way the total rate will increase about 2.3 percent if this resolution passes, which I just did some quick figuring, last year the resident paid and was assessed $216.48, and this year it will be $221.52. That's about $5.00 over a period of a year, 42 cents per month, that's the basis for the rate configuration, if you want to delve into anything else or issues with WM, Jeff Sabin and Jenny Pung are here if either of those two need to address any concerns. Dowling - does anyone from WM want to address the Council or do you just want to entertain questions? Jeff - questions are fine. Dowling - anyone from the public that would like to address this resolution? Seeing none we'll bring it up here for discussion? None were stated. Dowling, if I could ask you, everybody has their pet projects, mine of course is recycling, and does that, will the city still receive recycling services from WM? Jeff - that is affirmative, yes they will. Dowling - as I understand it, the County doesn't have that service, or certain areas I think do, that are in close proximity of the city limits, but county wide there is no recycling program, is that correct? Jeff- the unincorporated area, the county program consists of basically the urban service district, containing the higher density areas is where we have the curb side collection services. Dowling - so there are areas of the county? Jeff - yes sir. Dowling - and could you tell me how this compares with the County? Jeff - actually the city's rate, effective Oct 1 this year will be a little less than the county's proposed rate. Dowling - they still haven't adopted their rates? Jeff - not for this year. Dowling - thank you, any other questions? None. c) Vote on motion. KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Page -3- B. 1. a) Motion to adopt proposed Resolution No. 10-07 regarding the provision of Solid Waste Collection and Disposal Services - City Attorney (Exhibit 2). Council Member Williams moved to adopt proposed Resolution No. 10-07 regarding the provision of Solid Waste Collection and Disposal Services; seconded by Council Member Markham. b) Public discussion and comments. Attorney Cook read proposed Resolution No. 10-07's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTIONAND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THEANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2010-2011; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Dowling - what's the difference between the two resolutions? Brian - I believe one of the resolutions is required to record for the assessment, the other has to do with the original ordinance where it says you have to establish the rates each year, I know that's kind of a fine line but when you ask me next year, I'm going to stick with that one. Dowling - I would assume one is to kinda set the rate, the other is to do the official assessment with the property appraisers office .... John - approve the rate and certify the assessment to the property appraiser. Dowling - so kind of a technicality, okay, are there any comments from the public? There were none stated. Any from the council? There were none. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:20 P.M. IX. OPEN PUBLIC HEARING FOR THE ADOPTION OF CDBG GRANT RESOLUTION - Mayor Pro-Tempore AT 6:21 P.M. A.1. a) Motion to adopt proposed Resolution No. 10-08, Fiscal Year 2009 Local Housing Assistance Plan for the Community Development Block Grant - Nancy Phillips, Grant Administrator (Exhibit 3). Council Member Markham moved to adopt proposed Resolution No. 10-08 Fiscal Year 2009 Local Housing Assistance Plan for the Community Development Block Grant; seconded by Council Member Williams. b) Public discussion and comments. Attorney Cook read proposed Resolution No. 10-08's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, ADOPTING FISCAL YEAR 200912010 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Nancy Phillips - good evening council members, as part of the community development block grant application process, when under taking a housing grant activity a local government has to adopt a local housing assistant plan which outlines how the program will be administered within each individual local government. What's being presented tonight is a plan that conforms to the 29 items that the state is requiring. It talks about how the various applications will be ranked how they are going to be advertised for the people to make the application, how their ranking is. It deals with the maximum about that can be expended on each house with out coming back to the Council for additional approval. It deals with the change order procedure. Deals with the solicitation of contractors. Identifies some new ideas them year that we got points for, in what are green initiatives and it talks about how the program will be run here for the City of Okeechobee if you're successful in receiving funding. Happy to answer any questions. Clayton - authorizes the submittal of the grant application? Dowling - the next one does that. Nancy - this is adopting the housing assistance plan which you have to include within the grant application when it goes Page -4- tomorrow for the funding source. Dowling - so just part of the process ... Nancy - an it can be changed as we get further into the program if we see that something isn't working, however the fund sources, the FL Dept of Community Affairs would have to approve those changes before we could make and institute those. Dowling - okay any other questions, anything from the public? None were stated. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to adopt proposed Resolution No.10-09, authorizing the filing of Florida Small Cities Community Development Block Grant Application - Nancy Phillips, Grant Administrator (Exhibit 4). Council Member Williams moved to adopt proposed Resolution No. 10-09 authorizing the filing of Florida Small Cities Community Development Block Grant Application; seconded by Council Member O'Connor. b) Public discussion and comments. Attorney Cook read proposed Resolution No. 10-09's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2009 FLORIDA SMALL CITIES COMMUNITYDEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THEFLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Nancy - the application deadline is this Thursday the 22nd, so tomorrow this will be sent by Fed Ex to DCA, the City is applying for $700,000 in the housing rehabilitation activity. The budget is $560,000.00 housing rehabilitation, $35,000.00 temporary relocation, $105,000.000 administration. Average CDBG Cost Per House is $59,500.00. We are projecting to rehab at least 10 units, 2 of which will be occupied by very low income residents. The application score is 653.71 points. Dowling - okay any questions of Nancy? Mike - we didn't get this last year? Nancy - Correct we did not get funded for this last year. Mike - and that was due to points and however they judge this? Nancy - Correct. Mike - is there any outcome that you can foresee right now, how it possible could look? Nancy - well some things have changed, first of all the re -did the application, they changed the scoring. One of the things that HUD did that effects everybody nationwide is HUD no longer recognizes Hispanic as a minority. So all the minority calculations had to be redone and okeechobee for the county went from a minority population of 39.75 down to 11.8 percent. So points are given in the application process based on the number of minority staff people.that the city has and so therefore we lost some points there, however we gained them back by adding the green initiatives to the housing assistance plan. The one thing that is really important for this year is that they have not had grant cycles in almost 2 years, because of that, they have put more money into the housing category, last time we submitted an application, we were one below of what got funded, so I'm hoping with that extra money coming in that were going to be in the fundable range. No body knows how this change in the minority status is going to effect the applications that come in so there is really no way to project it cause this is the first year that the application change been changed and different scores given for different items. Mike - the next question then is anything we can do to assist you in this goal? CDBG has been written to try to keep politicks out, staffing level, not legislative, how the application changes have been written, your city and population group than larger cities, it was set up so that once every 10 years 1 community can be awarded a grant. Always go to your legislature to make proposed changes for 2010 year, but it will not effect this application. Still eligible for an economic development grant if you work with an employer who wants to come into the city. DW -10 homes, have they been identified? Nancy - No not until we find out we are funded. Mike - like to emphasis to do what is necessary to do whatever necessary to call, beg, borrow ro steal to contact those involved in this to try to help okeechobee in this endeavor. Brian - parties make decisions on block grants pressure offensive, lobbing efforts by council members to their legit ament it's a scoring proposition and politics don't go into effect. Dowling - procedural changes, do you have any recommendations? Nancy - its anew rule, we need to see how all this is going to play out, then I will be able to give you better information. Dowling - inform legislators that we have applied for this grant without saying? They can follow the progress of it. Set up specific to keep the politics out of it. DW wont hurt to let them know we've applied. c) Vote on motion. Page -5- KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:35 P.M. X. NEW BUSINESS. General Public pertaining to the Fiscal Year 2009 Community A. Fair Housing Presentation for Elected Official and the Development Block Grant - Nancy Phillips, Grant Administrator. Nancy - Fair housing is a right of every American has a right to fair housing. The right to live where they school, to raise a family, to won a home, in dignity and without fear of discrimination, is a fundamental right guaranteed to all American. Fair housing choice means the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap orfamilial status to have available to them the same housing choices. Fair housing is a right protected by federal and state laws. Fair housing means an individual may freely choose a place to live without regard to race color, religion, sex national origin, handicap or familiar status. The fair housing act protects people with physical or mental disabilities It is illegal for anyone to deny an individual. What is discrimination? Housing discrimination is rarely blatant. It is usually disguised and is done with a smile and handshake. An individuals fair housing rights are violated when he/she is prevented from doing on the of the following because of race, color, religion, sex, national origin, handicap ro familial status. The Federal Fair Housing Act requires that local government aid in the prevision of discrimination due to race, color, religion, sex, national origin, handicap ro familial status in the areas of rental and real estate transactions within the local community. By working with your local government, lending institutions, landlord, and developers to educate individual in you community about the Fair House Act, discrimination can be eliminated. If an individual feels that they are being treated unfairly, the City is to encourage to call the US dept of Housing & Urban Dev at 1800- 669-9777, or the complaint can be given to Ms. Phillips to assist them. The City has adopted by ordinance, as required to prohibit discrimination in the sale or rental of Housing on the bases of the 7 protected classes. Methods of encouraging fair housing is to hold public educational and training programs for the general public; annually review local land use and zoning laws and procedures to determine whether they contribute to or detract from Fair housing; send letters to businesses selling, renting or financing housing encouraging them to adhere to the federal fair housing law; provide public endorsement of the principle of fair house; require the use of affirmative marking and advertising practices by private developers as a condition for obtaining local licensees and permits; establish a Fair Housing commission to review and investigate activity and complaints for housing related industries. B. Motion to award a proposal for Professional Audit Services to Hoyman Dobson, Certified Public Accountants - City Administrator (Exhibit 5). Whitehall, a request for proposals for auditing services were June 6 and 13. Council Member Markham moved to award a proposal for Professional Audit Services to Hoyman Dobson, Certified Public Accountants as recommended by the Audit Committee; seconded by Council Member O'Connor. DW - Scoring collectively. BW - VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to approve the designation of Sharon Allison as the City's Representative and Board Member and India Riedel as Alternate to the PRM Health Trust per the requirements of Article 6.1 of the Bylaws - City Administrator. Council Member O'Connor moved to approve the designation of Sharon Allison as the City's Representative and Board Member and India Riedel as Alternate to the PRM Health Trust per the requirements of Article 6.1 of the Bylaws; seconded by Council Member Williams. BW - quarterly meetings, staff members need to stay on top of VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Update from the Business Development Board of Okeechobee - Brain Carland, BDB Executive Director. Page -6- Mr. Brian Cartland, Executive Director of the Okeechobee Business Development Board, distributed copies of the power point presentation. New Members listing. Business Assistance: 67 inbound business calls for technical assistance, 71 business visits 32 primary industry businesses, 119 bushiness provided enterprise zone information. Entrpreneurial development financial services network, business wellness program, library business assistance center. Export Promotion. Hosted trade reps from Enterprise FL and US Dept Of Commerce.. Magna -Bon, Dominican Republic, Jamaica, Germany. Royal Concrete working on concepts in Angola. Syfrett Feed. Galley Maid. CEECO are other companies we have contacted. Other strategic partnerships we are working on :Florida's heartland rural economic development initiative. Florida' research coast economic development coalition. Foreign trade zone is being considered that we can use in our tool belt with FREEDI. South Florid a manufacturers association National association of industrial and office properties. Council for supply chain management professionals. Supply chain training center advisory committee working with materials handling industry of America. Banner center - logistics and distribution advisory council. Marketing and public relations: web site; magazine articles, okee mag, florida trend, homegrown; radio, WOKC; Newspapers, Okee news, TC Palm, Treasure coast business journal. New Businesses: Prospecting activities, information packages sent to 19 qualified prospects, enterprise florid leads, networking with strategic partner organization; New businesses assisted, LS9, Applied biotechnologies water treatment, Ag spectrum, B&D biomedical waste services, Jackson diagnostic imaging, sunny fresh citrus packing, okeechobee doge Chrysler jeep. Expanding businesses: Magna -Bon, Concrete products of the palm beach, national pool wholesalers, under the sun distribution, making as place, royal concrete concepts, maxprofessional (Ecotec), quail creek plantation okeechobee KOA, Fly N High enterprises. Results for companies served - projections for projects to date new jobs 121, average away $31,620, wage impact $3.8 million, capital investment $4,555,000. SF new 34,500, SF absorbed 64,300. County tax impact $58,704, City tax impact $2,883. Results for companies served - example projects: Magna -bon seeking to add 25,000 SF facility, 4 jobs. Ecotec adding 7,500 SF facility, no additional jobs. LS9 adding 40 jobs at average annual wage of $35,000. B&D biomedical, invested $500,000 and creating 9 jobs. Applied Biotech Terry Burroughs, OKMS, tried number of months to get florida trend to get them to feature Okeechobee, Brian has worked diligently in working on this, very pleased with this exposure. Significant strides made. Mary was added through work force solutions. DW - Thank you for the update. E. Discuss National Day of the American Cowboy to be held July 24, 2010 - Terry Burroughs, Okeechobee Main Street. Terry Burroughs of the Okeechobee Main Street, 41h year we've put this event on, Chief and Sheriff, normal process, FDOT has approved the. Eli's have your branding iron, brand a picnic table that will be given away at the rodeo cattle drive 10 am, 11:30 ag center, shooting team, then ranch rodeo, Pete Keogh was the facility manager, dedicating the poster to Pete, part of the money raised will go to bronzed plaque. Get your approval of this event. DW think it's a great event, unreal how many people come from out of town, good event to attend. O'Connor/Williams moved to approve - Vote all yea. F. Motion to approve the 2010 - 2010 Fiscal Year Tentative Budget preparation and millage calendar - City Administrator (Exhibit 6). 7.993 tentative rate adoption. Council Member O'Connor moved to approve the staff recommendation 2010 - 2010 Fiscal YearTentative millage rate of 7.993, and approve the Budget calendar August 17 first budget working, Sept 14 first pubic hearing, final September 28; seconded by Council Member Markham. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION Carried. Page -7- G. Consider a temporary street closing for Southwest 41h Avenue between North and South Park Streets from Noon to 6:00 p.m. on August 21, 2010 for the First Annual Martha's House Family Fund Day Back to School Bash - City Administrator (Exhibit 7). Council Member Markham moved to approve a temporary street closing for Southwest 4`h Avenue between North and South Park Streets from Noon to 6:00 p.m. on August 21, 2010 for the First Annual Martha's House Family Fund Day Back to School Bash ; seconded by Council Member O'Connor. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION Carried. H. Discussion pertain to City issues - J.A. Tootle (Exhibit 8). Article 1 section 5 allows me to make my grievances. Another matter that I need to bring up. Out front door, left, basketball court in front of the department. Fire Chief noted it was donated by city volunteers. What purpose is it used for? Assuming used by fire department. Grain of sand on the ocean floor. Watford - give you ten minutes beginning at 7:34 p.m. XI. ADJOURN MEETING - Mayor Pro-Tempore. There being no further items on the agenda, the meeting was adjourned at 7:35 p.m. The next meeting will be August 17, 2010 at 5:00 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 -8- INDEPENDENT _ NEWSPAPERS OKG[C11013FE NLtNS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 Sb4 17t) Shect, Suite D, Okcechob e, FI_ -�1971 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a_� � . al.A-Z(—,r (2, in the matter of 1�1 L �✓�,. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and 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. j, ' Judy Kasten worn to and subscribed before me this lG ,, __—day of L t Notary Public, State of Florida at Large f NOTARY PUBLIC-sTATE OF FLORMA Angie Bridges Commission # DD77971 S ....... V Expires: APR. 20, 2012 BONDED THRU ATLXMC BONDING CO., INC. (863) 763-3134 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council or the City of Okee- chobee will meet In Regular Session on Tuesday, July 20 2010, 6,00 Pm., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision Involving the matters no - tired herein will be responsible for making a verbatim record of the testimo- nyy and evidence at said meeting upon which any appeal is to be based. Pk:ase contact City Administration at 863-763-3372, or webske www.jlyrofokdm eebee com to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to panklpate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: lames E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 360428 ON 7/16/10 pp- h , .v' .,.. Office of the Mayor Okeechobee, Florida WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization composed of water industry professionals who dedicate themselves to the production and distribution of safe drinking water, as well as the proper collection, treatment, reuse, and disposal of wastewater and stormwater; and WHEREAS, this organization is committed to protecting the health of Florida's citizens and ourstate's natural resources, and supports the training, certification, and licensing of water industry personnel as a means to achieve these goals; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel, and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Week, which applauds theirconstant efforts to protect our health and environment. NOW THEREFORE, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro Tempore of the City of Okeechobee, Florida, do hereby proclaim the week of August 16 - 20, 2010 as "Florida Water Professionals Week." In witness whereof I have hereunto set my hand and caused this seal to be affixed. Pro Tempore Lane Gamiotea, City Clerk Date: July 20, 200..- • 0 Florida Water & Pollution Control rators Association A Non -Profit Association Serving Water and Wastewater Professionals in the State of rloncta April 30, 2010 The Honorable James E. Kirk, Mayor City of Okeechobee 55 SE 3rd Ave Okeechobee FL 34974-2903 RE: Proclamation request for Florida Water Professionals Week Dear Mayor Kirk: The Florida Water & Pollution Control Operators Association (FW&PCOA) is a non-profit organization whose members are engaged in the production and distribution of drinking water, and the collection, treatment and disposal of wastewater and storm water. Our goal is to protect the health of citizens and preserve natural resources. We accomplish this by advancing the professional status of all water industry employees, arranging educational programs for treatment plant operators and customer service representatives, and providing a training and certification program for system operators. The FW&PCOA embarked on a program in 2007 to recognize all water industry employees for their dedication and hard work providing safe drinking water to Florida's citizens and protecting Florida's environment and natural resources. We did this by proclaiming a week during the month of August as "Florida Water Professionals Week. " The FW&PCOA has scheduled this year's Florida Water Professionals Week for August 16 - 20, 2010. We would like to invite you and the City of Okeechobee to join us in recognizing the efforts of water professionals in your community. You can do this by executing a proclamation recognizing the event. I am enclosing a sample proclamation for your reference. Please send your executed proclamation to my address, stated below, so we can reco chobee's participation in this year's celebration. If you would like an officer fro r association to accep proclamation at your commission meeting, please contact regional dire for Steve Utter at (772) 978-5220. Thank you in advance for your anticipated participation! c�c pf PL c c Sincerely, Timothy A. McVeigh, President Florida Water & Pollution Control Operators Association 4316 Van Buren St Hollywood FL 33021-7200 r Florida Water Professionals Week WHEREAS, the Florida Water & Pollution Control Operators Association is a statewide organization composed of water industry professionals who dedicate themselves to the production and distribution of safe drinking water, as well as the proper collection, treatment, reuse, and disposal of wastewater and stormwater; and WHEREAS, this organization is committed to protecting the health of Florida's citizens and our state's natural resources, and supports the training, certification, and licensing of water industry personnel as a means to achieve these goals; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Week, which applauds their constant efforts to protect our health and environment. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby extend greetings and best wishes to all observing August 16 — 20, 2010, as Florida Water Professionals Week. IN WITNESS WHEREOF, I have hereunder set my hand this day of , 2010. Mayor • • MEMORANDUM To: Brian Whitehall City Council From: Sharon Allison RE: PRM Safety Award Date: July 20, 2010 Brian, City Council, As the City of Okeechobee's Representative, I attended the 2010 PRM Conference in June. This past year PRM established new criteria for their Safety Awards. Not only must the entity be a Drug Free workplace, be eligible for the 2009/2010 Workplace Safety Credit and utilize Loss Prevention Services, the entity must show an improvement in frequency and severity for all lines of coverage during the analysis period of October 1, 2006 thru March 31, 2010. With a 79% decrease in frequency and an 89% decrease in severity overall during the analysis period, The City of Okeechobee was presented with the "Best Overall Safety Performance Award" for entities of less than 100 employees for 2010. Lane 0 • Page 1 of 1 From: "bwhitehall"<bwhitehall@cityofokeechobee.com> To: "Dowling Watford"<dowlingwatford@okeechobeeford.com> Cc: "Sharon Allison"<sallison@cityofokeechobee.com>; "Clayton Williams" <cayton@bergerinsurance.com>; "Robin Brock" <rbrock@cityofokeechobee.com>; "India Riedel" <iriedel@cityofokeechobee.com>; "Lane Gamiotea" <Iamiotea@cityofokeechobee. com> Sent: Tuesday, July 20, 2010 2:25 PM Subject: PRM safety award on agenda Good afternoon Councilman - A quick comment on the PRM safety award. I expect this to be a picture taking opportunity either with Sharon or Clayton (our PRM alternate delegate). So, the award should be handled in much the same manner as a longevity service award where the Mayor greets the party on the floor by the podium, in this case receiving the award on behalf of the City, from our delegate. Sharon prepared a cpl of quick statistical comments. Just wanted to lend some formality/clarification to the process. Thanks! Website: http://www.citvofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 863.763.3372 ext-212 7/20/2010 • ONGE91Y SERUGE GERT$jGjt I I' Glep,da.W'HsoR In Appreciation for Your 5 Years of t—Icircl Wor� anti Dedication with tine City of I06eck.k.e J my 15, 2005 trough J uIy 15, 2010 Service is tine lifeblood of any organization. E—verytking f low5 from it and is nourisked 6y it. Tire City and Your �:ellow Citizens ;lave Bene f itted Greatly %y Your performance. presented tis Cq` day of 2010 DowWud R. Watford, Jr. Mayor Pro-Umpore bane Gamiotea, GMG, Gttg Glerk is SERVIGE GERT$jGj,1 Pre�en�eJ To Robes In Appreciation for Your 10-Years of J- cirri Yor� and Dedication with Je City of 06eci okee J my 7, 2000 tkrou jk J my 7, 2010 Service is tke li f e%lood of any organization. Qverytking flown from it and is nourisked icy it. T%e City anti Your �--ellovv Citizens leave -Penef ited Greatly %y Your performance. )resented 415; 'Z'k day of '. , 2010 Dowling R. Watfopa, Jp. Mayor Pro-?enapope bane Ga�mlotea, GMG, Gttg Glens PROCLAMATION NOTICE OF GENERAL CITY ELECTIONS CITY OF OKEECHOBEE, FLORIDA NOVEMBER 2, 2010 WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIMAND DECLARE that a GENERAL CITYELECTIONis be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 2, 2010, during the regular hours of voting, towit: from 7: 00 a.m. to 7: 00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 4, 2011 and ending January 7, 2014 following such election or until their successors are elected and qualified. THREE (3) COUNCIL MEMBERS AND ONE (1) CITY CLERK Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal ofsaid City to be affixed, and attested to by the City Clerk, this 20' day of Julv • 2010. ATTEST: , o Lan Gamiot , CMC City Clerk Dowling R. Watford, Jr. Mayor Pro-Tempore 0 • EXHIBIT 1 RESOLUTION NO. 10-06 <kLY 20, 2010 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 20, 2010, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrator for the City of Okeechobee prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2010, and said assessment is a non -ad valorem assessment; and NOW, THEREOF, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. Resolution No. 10-06 Page 1 of 3 SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of $391,204.32 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $221.52. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2011 in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: Date: Tuesday, July 20, 2010 Time: 6:00 p.m., or as soon thereafter as can be heard. Place: City Hall, 55 S. E. 3`d Avenue, Okeechobee, Florida. Resolution No. 10-06 Page 2 of 3 The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 20th day of July. 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 10-06 Page 3 of 3 • RESOLUTION NO. 10-07 • 1`.�MIBIT 2 JbLY 20, 2010 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2010-2011; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2010, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2010-2011 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. Resolution No. 10-07 Page 1 of 4 SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution No. 01-08, and also as adopted as the preliminary rate resolution for Fiscal Year 2010-2011 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year ending September 30, 2011 in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is $391,204.32. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. C. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2010-2011 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted forthe 2010-2011 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2010, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2010 is adopted as the rate of assessment for the 2010-2011 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. Resolution No. 10-07 Page 2 of 4 SECTION 5. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 20'' day of July. 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 10-07 Page 3 of 4 RESOLUTION NO. 10-07 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2010: .......... $221.52 The maximum amount to be levied in the year 2011: .......... $238.13 The maximum amount to be levied in the year 2012: .......... $255.99 The maximum amount to be levied in the year 2013: .......... $275.19 The maximum amount to be levied in the year 2014: .......... $295.83 The maximum amount to be levied in the year 2015: .......... $318.02 The total annual revenue to be collected by this assessment for 2010-2011 is: ... $391,204.32 The estimated total annual revenue to be collected by this assessment for 2011-2012: ... $420,544.65 The estimated total annual revenue to be collected by this assessment for 2012-2013: ... $452,085.49 The estimated total annual revenue to be collected by this assessment for 2013-2014: ... $485,991.90 The estimated total annual revenue to be collected by this assessment for 2014-2015: ... $522,441.30 The estimated total annual revenue to be collected by this assessment for 2015-2016: ... $561,623.32 Resolution No. 10-07 Page 4 of 4 • 1 0 LXHIBIT 3 Jh1LY 20, 2010 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 July 10, 2010 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Adoption of "City of Okeechobee Fiscal Year 2009/2010 Local Housing Assistance Plan" for the Community Development Block Grant Program The Florida Department of Community Affairs (DCA) requires that each local government adopt a Local Housing Assistance Plan that outlines how the local CDBG housing program is administered. A copy of this document is attached for your review. Please review the "City of Okeechobee Fiscal Year 2009/2010 Local Housing Assistance Plan" for the Community Development Block Grant and consider adoption at your July 20, 2010 City Council meeting. Several highlights of the Housing Assistance Plan include the selection of applicants to be served, the limit on the amount of change orders that the City Administrator can approved, the requirements for lead based paint, and the selection of contractors. I will be present at the July 20t' City Council meeting to address any comments you might on this document. /nsp Attachment RESOLUTION NO. 10-08 A RESOLUTION OF THE CITY OF OKEECHOBEE, ADOPTING FISCAL YEAR 2009/2010 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida recognizes the need to establish local policy guidelines for their FY 2009/2010 Community Development Block Grant (CDBG) Housing Program; and WHEREAS, the City of Okeechobee, Florida has developed the "City of Okeechobee FY 2009/2010 Local Housing Assistance Plan" that conforms with the application requirements for the CDBG Housing Program which is adopted as part of Florida Administrative Code Rule 9B-43 that governs the CDBG program, and WHEREAS, it is the intent of the City of Okeechobee, to the greatest extent feasible, to improve the housing standards for the very low and low -to -moderate income residents of the City through the use of CDBG and other Okeechobee County Housing programs. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City Council for the City of Okeechobee, Florida, hereby adopts the "City of Okeechobee Fiscal Year 2009/2010 Local Housing Assistance Plan" for the Community Development Block Grant Program. SECTION 2. That the City Administrator and/or his designee coordinate the implementation of said Plan. SECTION 3. That all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. SECTION 4. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 20th day of July, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Pro-Tempore Resolution No. 10-08 Page 1 of 1 CITY OF OKEECHOBEE HOUSING ASSISTANCE PLAN GUIDELINES FOR THE FFY 2009/2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Prepared by City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 With Assistance from Nancy Phillips and Associates 7408 Edisto Drive Lake Worth, Florida 33467 561-432-1524 TABLE OF CONTENTS Section Title Page Number I. Purpose of Program 3 II. Designated Authority 3 III. Definitions 3 IV. Housing Rehabilitation Objectives and Policies 4 V. Applicant Eligibility 5 VI. System of Applicant Selection 6 VII. Conflict of Interest 9 VIII. Property Eligibility 10 IX. Structural Requirements 13 X. Housing Rehabilitation Financing 15 XI. Procedures 16 XII. Clearance/Permanent Relocation/Demolition Relocation 23 XIII. Insurance 24 XIV. Relocation/Displacement 24 XV. Appeals/Complaints 24 XVI. Program Income 25 XVII. Reports, Records and Data 25 XVIII. Property Acquisition Policy 26 XIX. Amendments 28 CITY OF OKEECHOBEE HOUSING ASSISTANCE PLAN GUIDELINES FOR THE 2009/2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I. PURPOSE OF THE PROGRAM A. Project Area City of Okeechobee, Florida, hereinafter referred to as the City, shall provide financial assistance to those qualified applicants residing in the city limits of the City of Okeechobee. B. Purpose of Assistance The sole purpose of the financial assistance shall be to provide decent, safe and sanitary housing for very low and low -to -moderate income residents. This assistance will be provided through the rehabilitation of existing structures that are deemed to have "substandard" conditions that need to be corrected. Also, assistance may be provided for the demolition and replacement of homes as deemed to be "unrepairable". Work will be undertaken to bring the structures into compliance with the Florida Building Code, the City's Housing Code and other applicable local codes. The construction work on a dwelling unit will be completed by a state registered or certified general contractor, certified building contractor, and certified residential contractor who is licensed by the Florida Department of Business and Professional Regulation. C. Operating Rules and Regulations This program shall be operated in accordance with all applicable rules and regulations of the City, the State of Florida and the U.S. Department of Housing and Urban Development. II. DESIGNATED AUTHORITY A. Designated Approval Officer The City Administrator or his/her designee is designated as the approval officer. III. DEFINITIONS For the purposes of this plan, the following definitions shall apply: 3 A. Home - A housing unit constructed on the owner -occupied site either of masonry or frame construction materials. B. Manufactured and/or Modular Home - A manufactured home fabricated on or after June 15, 1976, in an off -site manufacturing facility for installation or assembly at the owner - occupied building site on a permanent foundation with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act. C. Mobile Home - A structure transportable in one or more sections that is which is 8 body feet or more in width and is built on an integral chassis and designed to be used a dwelling when connected to required utilities. D. Owner -Occupied — The applicant must be the owner of the housing unit to receive assistance and must reside in the home at the time of submitting an application for assistance to the City. The Okeechobee County Property Appraisers' records and an Ownership and Encumbrance Certificate will be used to verify ownership. IV. HOUSING REHABILITATION OBJECTIVES AND POLICIES A. Objectives The objectives of the City of Okeechobee CDBG Housing Rehabilitation Program are: I. To encourage the revitalization of very low and low -to -moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan (DPL) Program. 2. To remove unhealthy or hazardous conditions in low -to -moderate income households. 3. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of very low and low -to -moderate income neighborhoods to improve their community. 4. To preserve existing housing stock, or replacement of substandard housing. 5. To enable very low and low -to -moderate income families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 6. To reduce utility costs and to improve the comfort of very low and low -to - moderate income families through weatherization aspects of rehabilitation. 7. To improve the property tax base in very low and low -to -moderate income neighborhoods. 8. To increase employment and training opportunities for local residents and minority persons through the provision of funds for the rehabilitation of homes. 9. To make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements and as good judgment may dictate. 10. To minimize impact of program participation on recipients and to limit direct costs encountered because of program participation. B. Rehabilitation Policies It is the policy of the City of Okeechobee CDBG Housing Rehabilitation Program to: 1. Assure that the Program is administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.) 2. Treat all participating property owners, residents, and contractors fairly, with sensitivity and respect for their needs, and in accordance with program rules. 3. Provide all program participants any reasonable assistance necessary to carry out the objectives of the program, bearing in mind: 1) that property owners hold the primary responsibility for maintaining their property and personal finances, 2) that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors and employees; and 3) that any assistance provided must be authorized at the proper level. 4. Assure that no member of the Congress of the United States, the Citizen Advisory Task Force or the City of Okeechobee City Council shall share in proceeds or benefits of CDBG funded rehabilitation work, unless approved by the Florida Department of Community Affairs. 5. Allow some flexibility in administering the program in order to meet the program's goals and objectives of rehabilitating each addressed dwelling to bring it up to applicable local building codes and the Florida Building Code. The City of Okeechobee City Council may waive program rules only when the result will be consistent with established goals and objectives, and applicable federal, state or local regulations. 6. Housing rehabilitation will be the first priority, with housing replacement units being addressed when program funds are available. No housing units will be demolished and converted to non-LMI housing structures. V. APPLICANT ELIGIBILITY A. Tenure Characteristics In order to receive Housing Rehabilitation Assistance, an individual or family making application for assistance must be the homeowner who is occupying a residential unit located within the City. The property must be owner -occupied at the time of submitting an application for assistance to the City for consideration. All property taxes must be paid up-to- date, the property must be without judgments and/or liens, and not be in any form of foreclosure. Also, the financial resources of the household must not exceed the very low and low- and - moderate income standards distributed by HUD for the program year(s) that assistance is being provided. The applicant will be considered the owner if he/she: 1. Is the "owner of record" on the official property records on file with the Okeechobee County Clerk of the Circuit Court and Okeechobee County Property Appraiser; 2. The owner must possess and provide clear title to the property, although it may be jointly owned and the property may be mortgaged. Ownership through life estate, heir 5 property or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. Property must have been granted "homestead exemption" to receive assistance. 3. The owner must reside in the dwelling to be rehabilitated for at least one year prior to the time of application 4. Property tax, mortgage payments and utility bills must be current and ownership must not be jeopardized by any other threat of foreclosure, default or clouded title. 5. Residents and owners of rental property, including rental duplexes, are not eligible to participate in the program. B. Low- to Moderate -Income Requirements Individuals or families must meet the low- to moderate -income eligibility requirements and be owner occupants currently residing in the residential unit to be rehabilitated. For the purposes of income eligibility, income shall be determined as provided for by the U.S. Department of Urban Development Section 8 Program Household Income Limits as specified in 24 C.F.R. 813.106. Income from all sources of any family member including individuals who are 16 years of age or older and who reside in the dwelling unit of the applicant shall be counted as a part of the income. Income is the amount from the following sources, but not limited to such sources: gross salaries, including tips, bonuses, Councils, overtime pay; pensions and annuities; business profit for self-employed persons, including farmers; interest and dividends; any public assistance, including Aid to Families with Dependent Children, Supplemental Security Income, unemployment compensation; Social Security; estate or trust income; rental income; and gains from sale of property or securities, including contract for deed, and child support and alimony. The most recently issued low-income family standards under the Housing Act of 1937 as prepared by the U.S. Department of Housing and Urban Development shall be used to determine eligibility for Housing Rehabilitation Assistance. The low-income limits for families larger than eight persons will be determined by adding 6.25 percent of the four -person income limit base to the eight -person limit for each person in excess of eight. The limits developed by the use of these factors will be rounded to the nearest $50. VI. SYSTEM FOR APPLICANT SELECTION A. Application Processing Methods An advertisement may be placed in the local newspaper and a public service announcement may be broadcast on a local radio station notifying residents of an application period, if applicable. Community meetings advising potential beneficiaries of the program might also be held if the City so desires. The City may also elect to utilize the listing of potential n beneficiaries who have made application to the housing programs administered by the Okeechobee County SHIP Department as potential Community Development Block Grant beneficiaries. The application form for eligibility determination must be completed by the applicant. Applications may be obtained at City Hall located at 55 S.E. Third Avenue between 9:00 a.m. and 12:00 p.m. and 1:00 p.m. and 4:00 p.m. Monday through Friday. The application shall be returned to the City Hall with the following documentation: To Verify Examples of Acceptable Documents Residency: Drivers license, voters registration or a utility bill. Legal Ownership: Deed of record Income/Wages: Pay stubs or letter from employers (past or present), social security allotment letter and other similar documents. This pertains to all working family members. Family Members: Copy of all household members Social Security Cards, birth certificates or a notarized statement from a neighbor or friend stating how many individuals live in the household. Public Assistance: Letter from the Florida Department of Health and Rehabilitative Services concerning Food Stamp, Aid to Families with Dependent Children or any other public assistance, indicating the amount of assistance and the number of persons in the family. The application process will have a noticed cut off date for the receipt of Applications, if a public advertisement is used to solicit applicants. Applications received after the noticed cut off date shall be considered on a "first come, first completed" basis after the primary list of applicants has been considered. An applicant shall be considered eligible for Housing Rehabilitation Assistance if they meet the income requirements and their dwelling unit is suitable for rehabilitation. To be suitable for rehabilitation, the dwelling must be inspected by a representative of the City's Building Department, if available, and Housing Rehabilitation Specialist and determined to be in a "substandard" condition. Only code violations will be addressed with the CDBG funds. A cost estimate of repairs will be prepared based on the needs identified in the initial inspection and work write-up. VA Completed applications shall be considered giving preference in the following order: PRIORITY POINT VALUE Very Low Income Families 30 Low Income Families 30 Elderly 30 Disabled 30 Female Head of Household (Single with at least 1 dependent) 30 Male Head of Household (Single with at least I dependent) 30 If CDBG assistance has been provided in the last seven (7) years, the applicant shall not be eligible to receive assistance under the FY 2009/2010 program unless they are of very low income status. The City will not discriminate against any applicant for assistance because of race, color, religion, sex, familial status, handicap, national origin or age. B. Identification of Units Housing Rehabilitation will take place only on units approved by City of Okeechobee in accordance with grant requirements established by the State of Florida. Alternate units may be provided to replace any primary units that may become ineligible. The City will review applications received using the following selection criteria: 1. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. Assistance for mobile or manufactured housing will be included in the program, but will be restricted to replacement of said structure with a site built home, unless specifically prohibited by local or state regulations. 2. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, etc. 3. Compatibility (consistency) of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 4. Recipients' willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 5. Is the structure more than 50 years old? The applicant shall indicate on the application form whether to his/her knowledge the structure is older than 50 years old. If he/she answers yes, or if other evidence suggests the structure is more than 50 years old, the City must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property appraiser, tax records, or other government agencies records will be researched to verify the age of the structure. 8 6. housing structures. This program will not assist in the rehabilitation or replacement of rental C. Approval of Ranking, and Removal of Units from the Program The Housing Rehabilitation Specialist and the Project Administrator shall review and rank the applications based on the criteria noted above. A listing by name and address will be provided to the City Council for their approval. An applicant shall be notified via mail or telephone after the application is reviewed. Final eligibility approval will be given after approval of the work write-up and award by the City Council. In all cases, it is understood that the financial limitations associated with a Community Development Block Grant Housing program, specifically addressing the number of units required to be completed under the activity and program shall be an overriding factor in determining which units shall ultimately be addressed. The Housing Rehabilitation Specialist and/or the Project Administrator may remove a housing unit from the program for a change in household income, approved selection criteria, or for not complying with the minimum qualification procedures. If it is determined that it is necessary to remove an applicant from the program, a certified letter will be sent to the applicant stating the reasons for the removal. The applicant will have the right to appeal the decision as identified in the following Complaint Procedures or as noted in the Citizen Participation Plan. D. Complaint Procedures Complaints concerning the Housing Rehabilitation Assistance program shall be made in writing and addressed to the City Administrator within fifteen (15) working days of commencement of the dispute. The City Administrator will contact the complainant and attempt to resolve the problem. The City Administrator shall issue a written response to the complainant within fifteen (15) working days of receipt of a written complaint. If the complainant is not satisfied with the City Administrator's response, he/she may file an appeal within fifteen (15) working days of receipt of the written decision by the claimant to the City Council. The City Council shall consider the recommendation at its next regularly scheduled meeting. A decision shall be made by the City Council at such meeting. The decision of the City Council shall be the final authority concerning the complaint. VII. CONFLICT OF INTEREST All applicants that may have a business or familial relationship with a member of the City of Okeechobee City Council, Housing Rehabilitation Specialist, Program Administrator, or participating construction contractors must fully disclose this relationship on the Application and definitely before a construction contract is executed. W In addition, all beneficiary names and addresses must be disclosed at the regular meetings of the City of Okeechobee City Council as selection of beneficiaries occur and these names and addresses must be included in the minutes of the City Council. The City Council must disclose any relationship with an applicant and must abstain from any vote related to that applicant. As soon as a final ranking of the applications is made, that ranking and any cases of conflict of interest must be made known at a meeting of the City Council. For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: 1. The person must declare on the application form that a conflict of interest may exist. 2. The governing body must decide whether to proceed requesting a waiver on the potential participant dispute the conflict of interest. 3. If the person who the conflict on interest exists with is a voting member of the governing body, that person must declare a conflict of interest and not vote on the potential participant. 4. The City Attorney shall prepare a written document stating in his/her opinion proceeding with potential participant's residence would not violate any state or local law. 5. A written request for waiver is sent by the City to DCA for review and comment. 6. If a waiver is obtained, the potential participant would be placed with other potential participants as outlined herein. No dwelling unit owner, lessor, lessee, tenant, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or subcontractor to be paid with Community Development Block Grant funds for the rehabilitation of said building, nor shall they be paid for their own labor with Community Development Block Grant funds for the rehabilitation of said dwelling unit. VIII. PROPERTY ELIGIBILITY A. Unit Characteristics Only single-family owner -occupied dwelling units consisting of site built homes, modular or manufactured homes that have the "blue DCA" decal are eligible for Housing Rehabilitation Assistance. Multiple -family and/or rental dwelling units and mobile homes, modular homes or other forms of manufactured housing that do not have the "blue DCA" decal are not eligible for Housing Rehabilitation Assistance. At no time will mobile homes, modular homes or other forms of manufactured homes received CDBG assistance unless they are provided assistance under the Demo/Replacement program. 10 Documentation from the Okeechobee County Property's Appraisers office shall be obtained to assist in determining the age of the housing unit. If the housing unit is determined to be older than fifty (50) years, pictures shall be taken of the housing unit and submitted to the Florida Bureau of Historic Preservation for guidance. The single-family dwelling unit and property is required to be in compliance with other appropriate local codes (i.e. nuisance, trash or other environmental or health codes) prior to initiation of housing rehabilitation construction. B. Condition and One -to -One Ratio After rehabilitation, all dwelling units addressed with Community Development Block Grant funds shall be in compliance with the local housing codes and the Florida Building Code. Upon completion of the rehabilitation of each dwelling unit, the ratio of the cost of housing rehabilitation to the projected market value of the rehabilitated dwelling unit shall be at least one to one. Example: if post -rehabilitation value of $30,000 is less than the cost of rehabilitation work -write up of $35,000, the City may elect to cover the costs for a new site built home to be constructed on the owner's property if adequate funds are available. C. Types of Costs, Improvements and Activities Eligible Costs: Housing Rehabilitation Assistance shall be used only for those repairs and/or replacements which are necessary to correct violations of the Florida Building Code, the City's Housing Code and/or local codes, eligible items designated by the Florida Department of Community Affairs including the listed items: Eligible Improvements: 1. Any improvement required to bring the housing unit up to code, including, but not limited, to: A. Structural system B. Electrical system C. Plumbing system D. HVAC and Heating system shall have a SEER rating of at least 14 E. Windows and Hurricane Protection F. Insulation G. Kitchen cabinets H. Stove and refrigerator I. Roofing system J. Extra bedrooms (if required due to family size) 11 K. Ceramic Tile Floor for durability and mobility purposes L. Energy Star Rated Appliances M. Energy Star rated windows and/or doors N. Energy Star rated lighting fixtures O. Weatherization activities, including, but not limited to, attics, floor insulation (if appropriate), sealing of exterior walls (if appropriate) 2. Any improvement designated as eligible by the Florida Department of Community Affairs; 3. Weatherization and energy conservation improvements as noted above; 4. 5. Exterior painting; Improvements to adapt the property for use by the physically handicapped; 6. Improvements necessary to meet flood hazard standards; and 7. Flood hazard insurance. All improvements must be physically attached to the property and permanent in nature. Upon approval of the City Council, Housing Rehabilitation Assistance may be used to rehabilitate residential properties listed on the national, State, or local Registers of Historic Places if funds are available. Some general property improvements may be provided at the owner's expense. Other additional improvements, above those required to achieve minimum standards, are optional and at owner expense. The cost for any such improvements shall be borne totally by the owner who must deposit the funds with the local government before the improvements begin if the improvements are to be a part of the rehabilitation contract. General property improvements that are paid for by the property owner must be included in the Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation Program. However, ineligible new construction must be contracted separately. The property owner must also deposit the necessary funds to cover the additional improvements into the local government's program account. This must be done prior to construction. Otherwise, the addition items will not be included in the construction. Furthermore, any construction not covered in the construction contract will be inspected by the local Building Inspector, but will not be inspected by the Housing Rehabilitation Specialist. Ineligible Improvements: General property improvements including, but not limited to, additions for family rooms, carports or ineligible items as identified by the Florida Department of Community Affairs. Other Eligible Activities: 12 Community Development Block Grant funds may be used for temporary relocation allowance for those occupants displaced temporarily by rehabilitation activities being carried out with Housing Rehabilitation Assistance. Temporary relocation assistance for storage in the amount of $200.00 per month, not to exceed $400.00 per housing applicant, may be provided as specified in the City's Community Development Block Grant Program Antidisplacement and Relocation Assistance Plan or City of Okeechobee Housing Assistance Plan, whichever is greater. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $200.00 per month for the duration of the construction period. If it becomes necessary, the City may determine that temporary relocation exceeding the $1,000.00 limit may be required if unusual circumstances exist. In rare circumstances, funds may be available to assist with temporary rental while a home is being demolished and a replacement housing constructed. The payment of fair market rent shall be strictly adhered to. IX. STRUCTURAL REQUIREMENTS A. General In addition to owner eligibility requirements for participation in the Housing Rehabilitation Program, the dwelling must be deemed to be "substandard" and feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction must: a) correct all violations of the local housing code; b) provide interim controls or abatement for lead -based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead based paint. If lead based paint is found, interim control procedures will be used for all houses rehabilitated at or below $25,000. Houses above $25,000 will be rehabilitated using abatement procedures. The occupants will be notified of the hazards of lead -based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements and appropriate abatement procedures; c) meet applicable local zoning requirements, as well as local, state and federal housing code requirements for rehabilitation work; d) leave at least 20 % of the original structure based upon the formula provided in this chapter; e) not exceed the program costs noted in this chapter; and f) be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such. g) New Construction or substantial improvement of any residential building located within the 100 year flood plain shall have the lowest floor, including basement elevated no lower than (1) foot above the base flood elevation (or per local code). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided. 13 B. Structural Integrity Rehabilitation requires that at least 20% of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total 100% of the structural value of the house. These components and ratios are: roof - 20%, exterior walls - 60%, and flooring system - 20%. As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced and 25 % of the flooring system (including framing) must be replaced. The factors are then ratioed based on the 20/60/20 formula, so that 50% replacement of the roof is equal to replacing 10% of the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and 25 % replacement of the flooring system equals 5 % replacement of the structure. Thus, replacement equals 10%, plus 30%, plus 5%, or a total of 45% of the structure. This leaves 55 % of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by the Housing Rehabilitation Specialist. Should significant deterioration occur between application and time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by the Housing Rehabilitation Specialist whether to replace it with an alternate unit or to request a change in type of rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract requirements. C. Cost Feasibility As an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas: $59,500.00 per single family detached house including temporary relocation. These limits are at the allowable CDBG financing limits, and assume requirements for owner contributions or leveraging, if these limits are exceeded. The limits may be exceeded for rehabilitation costs when alternative funds are available for leveraging, but must be specifically approved by the City Council as exceeding the described limits. In addition, the cost of rehabilitation and improvements may not exceed the after -rehabilitation value of the dwelling. For site -built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed $75 per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. 14 X. HOUSING REHABILITATION FINANCING The Housing Rehabilitation Program provides financing to homeowners in the form of 100% Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a contingency reserve. A. Deferred Payment Loans (DPL) Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable or unlikely to obtain conventional financing due to their income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within five years of the date of the DPL or within ten years of the date of the DPL for a demo/replacement project, or fails to maintain reasonable required standards of care and maintenance. During the five-year or ten-year period, the principal is "forgiven" or subtracted from the principal balance in equal monthly amounts, so that at the end of the fifth or tenth year of owner occupancy (by at least one of the recipients if owned jointly), the loan is fully amortized. There is no interest charged during the time period of the DPL. In the event that the sole owner dies or both/all owners die within the DPL loan period, repayment of the loan will not be required as long as their heirs are deemed to be very low and/or low -to -moderate income. If repayment of a DPL becomes due, the prorated principal balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. If the owner is unable to make such payment, the City Council may, at their discretion, allow repayment of the DPL over a term not to exceed ten (10) years, at a yield of not more than 1 % below the FHA rate at the time the DPA becomes due. Homeowners whose household incomes do not exceed the HUD Section 8 low -to - moderate income limit will receive a Deferred Payment Loan for 100% of the cost of rehabilitation. No funds will be provided for vacant, renter -occupied or commercial properties. With the exception of the demolition/relocation program, where the owner of a dilapidated structure received a payment for a replacement structure and the existing structure is removed, no existing very low and/or low- and moderate income housing units will be demolished or converted to non -low and moderate -income housing under this project. The maximum DPL for an owner -occupied single family dwelling from CDBG funds is $59,500.000 unless approved by the City Council. This amount also includes the cost of temporary relocation activities. If rehabilitation costs require more than $59,500.00 and the owner is unable to finance the additional cost, the dwelling unit may be disqualified unless alternative funding is available. Grant application scoring indicates an average rehabilitation amount that is to be attained. Very high costs frequently adversely impact other units planned for 1F rehabilitation, therefore the ability to maintain the necessary average must enter into the decision process. As a general policy, a contingency amount of about 5% should be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment to pay for all required changes exceeding the authorized loan limit, or if the Administrator determines that the situation does not require a contingency fund. There might be instances where it will be necessary to combine the financial resources of the CDBG and other housing programs to provide appropriate housing assistance to the residents of the City. In these instances, all program guidelines must be strictly adhered to. XI. PROCEDURES A. Application and Inspection Each property owner who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation of the housing unit. If either the owner or the structure does not meet eligibility requirements for program participation, the Housing Rehabilitation Specialist will reject the application. A written rejection notification will be sent to the owner via certified mail and the local government designated representative within ten (10) days stating the reason for rejection. If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the Housing Rehabilitation Specialist. The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the owner covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals, bids are solicited for the job. B. Solicitation of Potential Contractors The City wishes to encourage local general contractors, building contractors, and residential contractors to participate in the Housing Rehabilitation Assistance Program. The construction work on a dwelling will be completed by a state registered or certified general contractor, residential contractor, and building contractor, and who is licensed by the Florida Department of Business and Professional Regulation. Contractors residing or maintaining offices in the local area will be recruited through posting of public notice to all such contractors, as part of the local government's 16 compliance with Federal Section 3 requirements. This special effort may be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate program file, if applicable. The City shall always exercise care and good judgment in approving a contractor. An informational meeting to discuss the CDBG program may be held with all potential contractors who wish to participate in the program. Each contractor shall be required to complete a Contractors Qualification Questionnaire prior to being awarded any projects. In order to participate in the Housing Rehabilitation Program, a contractor must be certified as eligible by the Administrator of Housing Rehabilitation. Basic contractor qualifications include: 1. Current license(s) with the appropriate jurisdiction; 2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level; 3. Insurance: Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. A certificate evidencing Auto Insurance including bodily injury in an amount not less than $1,000,000 per accident and in the aggregate. A certificate evidencing General Liability insurance covering bodily injury,_including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence. Copies of certificates shall be provided to the City. The Contractor shall provide the City with a certificate of insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record, including: (a) references from two (2) suppliers who have done business with the contractor involving credit purchases; (b) references from three (3) subcontractors who have subcontracted with the contractor; (c) the ability to finance rehabilitation contract work so all bills are paid before requesting final payment; 5. Satisfactory references from at least three (3) parties for whom the contractor has done construction; 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or DCA. The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information, and reserves the right to check any reliable source in establishing such determination. The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre -bid 17 conference. Program procedures, such as bidding and payment are also explained to the contractor. C. Disqualification Contractors may be prohibited or removed from program participation for: 1. poor workmanship, or use of inferior materials; 2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice; 3. failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs; 4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely prior to the submission of a pay application to the City; 5. disregarding contractual obligations or program procedures; 6. loss of license(s), insurance or bonding; 7. lack of reasonable cooperation with owners, rehabilitation staff or the others involved in the work; 8. abandonment of a job; 9. failure to complete work in a timely manner; 10. inability or failure to direct the work in a competent and independent manner; 11. failure to honor warranties; 12. ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or DCA; 13. other just cause that would expose the Program or owner to unacceptable risk; 14. failure to respond to a minimum of three (3) consecutive requests for bids; or 15. at the contractor's request. D. Bidding Bidding shall be done on a competitive bid basis. The City will advertise for bids at least twelve (12) days prior to the bid opening in a local paper and a paper of general circulation. A memorandum may be mailed to minority contractors and interested contractors at least twelve (12) days prior to the bid opening. The City will prepare the bid package, advertise and review all bids to determine if the bid is responsible and responsive. Each contractor must attend a pre -bid conference held at the house to be rehabilitated or demolished and a new replacement home construction. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s). Sealed bids will be opened at a public bid opening. The bids will then be tabulated. The City Council shall award the construction contract to the lowest responsible and responsive bidder who is within plus or minus fifteen (15%) percent of the cost estimate prepared by the Housing Rehabilitation Specialist. The City Council reserves the right to reject any and all bids and to award in the best interest of the owner and the City. No housing unit owner, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. E. Contractor's Work Each contractor must satisfactorily complete one job through the Housing Rehabilitation Program before receiving any additional contracts. No contractor will be allowed to have more than five (5) jobs under construction at one time without consent of the local government designated representative unless: 1) the anticipated date of commencement is after the scheduled, and estimated, date of completion of current jobs; or 2) the contractor has demonstrated, through past performance his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the City Council if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. F. Contracting The Housing Rehabilitation Specialist presents each case to the City Council before the DPL and contract is signed. The DPL amount, contract amount, contractor and owner eligibility are all approved by the designated representative of the City. The rehabilitation contract is executed between the homeowner and the contractor when the rehabilitation DPL is closed, with the three (3) day rescission period running simultaneously for both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the designated representative authorized to act on behalf of the City Council. The DPL and the Notice of Commencement are recorded immediately. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of performance (generally 45 - 60 days) begins with issuance of the Notice to Proceed. 19 D. Change Orders Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written change order before the additional work is started. The change order is executed by the owner and contractor and is approved by the Housing Rehabilitation Specialist and the designated City representative. Change orders may be issued to correct code deficiencies or to obtain any other desired change in the work. CDBG funds can only be for change orders that correct code violations found after construction begins as documented by the local building official. A bonafide code violation report must accompany the change order request. Other changes will be at the owner's expense. Any change orders which cumulatively exceed One Thousand Dollars ($1,000.00) above the original contract amount shall only be paid with CDBG funds if the change orders are to correct documented code violations based on a bonafide code violation report. Change orders up to Three Thousand Five Hundred Dollars ($3,500.00) may be authorized by the CDBG program administrator and City Administrator. All change orders exceeding this amount shall require the authorization of the City Council. E. Paint The Homeowner shall select the color of paint to be used. Once selected by the Homeowner, the paint color shall not be changed by the City, the Contractor or the Homeowner. The use of lead based paint shall be prohibited in dwelling units rehabilitated with Community Development Block Grant funds. If addressing a pre-1978 home with Community Development Block Grant funds, the City shall procure the services of a Lead Paint Inspection firm to conduct the required Lead Paint tests (i.e., initial inspection, the Risk Assessment, and the clearance test.) The homeowner shall be notified of the hazards of lead -based paint poisoning: 1) Advised that the property may contain lead -based paint; 2) Advised of the hazards of lead -based paint; 3) Advised of the symptoms and treatment of lead poisoning; 4) Advised of the precautions to be taken to avoid lead -based paint poisoning (including maintenance and removal techniques for eliminating such hazards); 5) Advised of the need for and availability of blood lead level screening for children under seven (7) years of age; and 6) Advised that if lead -based paint is found on the property, appropriate removal and/or abatement procedures may be undertaken in accordance with Florida Department of Community Affairs Technical Memo: HCD: CDBG-93-12, dated November 30, 1993. E. Initiation of Construction 20 When the contract has been successfully awarded, the participant may be required to temporarily relocate out of their residence. The participant will have their belongings moved and stored in accordance with the Temporary Relocation Guidelines of the Antidisplacement and Relocation Assistance Plan or City of Okeechobee FY 2009/2010 Housing Assistance Plan Guidelines, whichever is greater. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $200.00 per month may be paid for the duration of the construction period. After the participant has vacated the dwelling unit and the Notice to Proceed has been issued, the house is then rehabilitated in accordance with the rehabilitation standard specifications, the standard building code, and the work write-up. F. Inspections Periodic inspections of the rehabilitation construction are performed by City of Okeechobee and the Housing Rehabilitation Specialist throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. Inspection and approval of completed work must be conducted by the Housing Rehabilitation Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of the work is also required before payment is received. G. Payment Payments shall be made in accordance with the terms outlined in the contract between the homeowner and the contractor. The Demo/Replacement Payment Schedule will be explained in the construction contract between the homeowner and contractor. Approval of any payment requires: 1. a determination by the Housing Rehabilitation Specialist and the designated representative that the claimed percentage of completion of the work has been satisfactorily completed. Payment will be issued for the amount claimed depending on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the contractor; 2. approval of the work by the owner; and 3. an affidavit from the contractor stating that either: (a) there are no claims for unpaid goods and/or services connected with the job and all laborers, suppliers and subcontractors have received just compensation for their goods and services up to the date of the request (as evidenced by full or partial waiver of lien from subcontractors); or 21 (b) a list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires inspection by the Housing Rehabilitation Specialist and: 1. acceptance of all work by the property owner, the Housing Rehabilitation Specialist and designated representative; 2. statement by contractor that all work, including change orders, has been completed; 2. submission of all manufacturers' and other warranties (i.e., appliances, roofing, extermination, contractor's warranty coveting the entire job for one year, etc.); 3. waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice; 4. a certificate of occupancy or final approval from the Building Inspector to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements; 5. completion of all punch list items; 6. an affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner; and 7. all of the above documents shall be placed in the appropriate housing case file at the City. If the owner refuses to authorize payment due to a dispute with the contractor, the Program Administrator may recommend disbursement without the owner's approval if the claim is shown to be without merit or inconsistent with policies and the goal of the program. Such disbursement shall be issued only after the Program Administrator has reviewed the facts and circumstances involved in the dispute and has determined that the owner's refusal to issue payment is without just cause. A record of all pertinent information may be presented to the City Council for their review in accordance with the Complaint Procedures. The City Council has the authority to uphold, rescind or reverse a previous determination. An appeal of the local determination/decision made by the City Council should be filed with the Department of Community Affairs, if applicable. Sufficient documentation to this effect shall be placed in the case file. Upon completion of the project, the local building inspector will issue a Certificate of Occupancy. The participant is required to move back into the dwelling unit at this point. H. Warranty of Work by Contractor All rehabilitation work performed by the Contractor shall be covered by a one (1) year warranty. Such warranty shall confer upon the Homeowner, for a period of one (1) year, the right to require the Contractor to correct significant defects and inadequacies in the work performed under the construction contract. 22 I. Disputes and Contract Termination Disputes, the owner's right to stop work, and termination of the contract by the owner or contractor shall be as authorized in the Contract for Rehabilitation. Follow -Up After completion of the contract, it is the owner's responsibility to notify the contractor in writing of any defect in the work or material. The owner is also requested to notify the Housing Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so assistance in follow-up can be provided. If the contractor does not respond to the owner's written complaint within a reasonable time frame and in a satisfactory manner, the Administrator will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she will send written request for warranty service to the contractor and a copy to the designated representative. The contractor will then take action as monitored by the owner and the Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a contractor from participation with the program. XII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION A. General Permanent Relocation and/or Demolition Relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti -displacement and Relocation Policy. B. Clearance Requirements are identified by the Housing Rehabilitation Specialist and are included in the replacement unit bid package. In this way, the same contractor is responsible for site cleanup and preparation as for provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted separately, bid packages are prepared with procedures following those identified for rehabilitation in this manual. C. Permanent Relocation/Demolition Relocation This activity involves replacement of an eligible owner occupied unit that is beyond economic repair. The Program Administrator will decide with the Housing Rehabilitation Specialist on a case -by -case basis about the feasibility of demolishing an existing housing unit and the construction of a new slab "site built" replacement unit. Decision items will include 23 budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary case -by -case. Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications based on household size and composition of those who live in the home. Bidding contracting and inspections then proceed as in the rehabilitation process. Cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits that may not be exceeded without approval from the City Council are: (a) four or more bedrooms - $80,000 (b) three bedrooms - $78,500 (c) two bedrooms - $70,500 Necessary site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. Budgetary and scoring constraints, as well as priorities for assisting other households, may dictate that some homeowners will be offered less than the maximum amounts shown hereto, even if their demolition and replacement housing costs are above the offered amount. In these cases, homeowners must provide non-CDBG funds from other sources, or they may decline the offer and withdraw from the program. If the offer is declined, no CDBG funded demolition will occur. XIII. INSURANCE In designated flood plain areas where the existing housing unit is being demolished and a new housing unit is being constructed, the floor elevation of the new unit must be located above the existing one hundred (100) year flood plain elevation. The one hundred (100) year flood plain elevation benchmark must have been established by a registered land surveyor. The owner shall be required to obtain flood insurance on the residence as part of the CDBG Program requirements. The cost of the flood insurance shall be an eligible CDBG grant expense. XIV. RELOCATION/DISPLACEMENT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to displacement under the City of Okeechobee Community Development Program; since City of Okeechobee does not acquire the vacated (demolished or rehabilitated) property and residents participate voluntarily. Therefore, temporary relocation services consisting of storage and temporary rental will be provided in accordance with guidelines outlined the City of Okeechobee Anti -Displacement and Relocation Policy and CDBG Housing Assistance Plan. 24 Household/property owners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance, which must be confirmed in writing. If the Administrator determines the applicant to be ineligible for assistance, the Administrator shall send written notification to the applicant, stating that the application has been rejected and the reason for the rejection. XV. APPEALS/COMPLAINTS The Housing Rehabilitation Specialist, the designated representative and the Program Administrator are authorized by the City Council to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the Housing Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid, it must be issued in writing within a period of 15 days of its occurrence. Responses also should be issued in writing. If the complainant is not satisfied with the Program Administrator's response, the issue must be presented in writing to the City of Okeechobee City Council in accordance with the Complaint Procedures. The City Council will review the grievance and make a decision based upon program regulation, local policies, and availability of funds. Further appeals, if necessary, must be addressed to the Florida Department of Community Affairs. XVI. PROGRAM INCOME No program income is planned to result from this program. Deferred Payment Loans will be monitored by the Housing Rehabilitation Specialist during the CDBG period of agreement. After the expiration of the agreement between City of Okeechobee and the State, the monitoring will be performed by the designated representative. If repayment of a DPL or program income is received during the CDBG agreement period, it will be used for additional rehabilitation as authorized by the Department of Community Affairs. Program income or DPL payment received subsequent to closeout will be returned to the Department of Community Affairs unless the state's program income regulations are changed. XVII. REPORTS, RECORDS AND DATA The City shall retain and maintain accurate files and records on each applicant including all documentation pertinent to the applicant. Such files shall be open for inspection and retained for a period of not less than six (6) years following the satisfaction of the applicable DPL. The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, reports, estimates, records and other data as the City may request concerning work performed or to be performed under this Program. 25 The City shall provide to the Department the following information as part of the closeout package: a. address of housing unit rehabilitated, date completed, and amount of CDBG funds expended on housing unit; b. information regarding head of household, handicap status, and elderly status of household; c. information regarding income status (i.e., very low income or low -to - moderate income); d. number of occupants of each household, categorized by sex; and e. racial demographics of each household. The Contractor shall be required to maintain his/her reports, records and data for the rehabilitation work for a period of six (6) years, from the date of the final approval of rehabilitation work completed under this Program. XVIII. PROPERTY ACQUISITION POLICY A. Voluntary City of Okeechobee may purchase property with Community Development Block Grant funds for use in the Community Development Program. While most property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased on a voluntary basis. The City shall determine the property features needed and the budget available for the purchase defined in the contract agreement. A request for proposals will then be published in a local newspaper. The request will state the specifications and budget, and indicate that the purchase is voluntary. No displacement of renters may occur as a result of the program. Owners will not receive any relocation assistance so owner -occupants must waive the Uniform Act Rights. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a proposal to the recipient for purchase of their property in response to a public invitation or solicitation of offers. The City Council is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site specific and at least two properties in the community meet the criteria established by the local government for usage, location and/or interest to be acquired. The City Council prior to publication of a public notice or attendance of any local government representative at a property auction must approve all voluntary acquisitions in principle. A public notice must be published inviting offers from property owners. This notice must: 1. accurately describe the type, size and approximate location of the property it wishes to acquire; 2. describe the purpose of the purchase; 3. specify all terms and conditions of sale, including maximum price; 4. indicate whether or not an owner -occupant must waive relocation benefits as a condition of sale; 5. announce a time and place for offers to be accepted; and 6. announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The Uniform Relocation Act does not apply to voluntary acquisitions. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a responsible official. Records of offers shall be kept. Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can be reached. Clear title must be present in every transaction. The City Council must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the City Council that can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. B. Non -Voluntary Acquisition Plan Acquisition of property (including easements and right-of-way) using federal funds shall occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent owner, (5) appraisal and review appraisal services solicited and appraiser retained, (6) appraisal received and sent for review, (7) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (8) offer to purchase and notice of just compensation sent owner, (9) owner contacted by attorney or other representative and contract formalized, (10) settlement costs calculated and closing date set, (11) closing conducted with funds changing hands and, (12) records of proceedings retained. The Uniform Relocation Act requires certain specific procedures such as some letters being sent certified. The CDBG Implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. In no case will CDBG funds be utilized which would create involuntary displacement. C. Timing/Planning 27 Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable. Every attempt shall be made to effect a design that is not wholly site dependent, that is, where two or more sites are suitable for the project. It is recognized this may not always be possible, however, a policy of minimizing single site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects shall not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up. The City Council shall make the determination as to whether or not bidding, award and start up may proceed to closing on the property. In those cases where need for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur, minimized. XIX. AMENDMENTS The City Council shall have the right to change, modify or revoke all or any part of these guidelines by a majority vote. 28 LCHIBIT 4 JbLY 20, 2010 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 July 12, 2010 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: FY 2009 CDBG Housing Application Summary The Second Public Hearing to discuss the City's FY 2009 CDBG Housing Application is scheduled for July 20, 2010 at the City Council meeting. A summary of the Housing Application that will be submitted by July 22, 2010 is noted below: CITY OF OKEECHOBEE CDBG HOUSING REHABILITATION GRANT APPLICATION The City is eligible to receive $700,000 of CDBG funds for this project. The budget for this grant is as follows: Housing Rehabilitation $560,000 Temporary Relocation $ 35,000 Administration $105,000 TOTAL CDBG BUDGET $700,000 Average CDBG Cost Per House - $59,500.00 This year's program will rehab 10 housing units, of which 2 will be occupied by very low income residents. The application may be changed based upon comments received at the Second Public Hearing. I will be available to answer any comments you might have. /nsp RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2009 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, during the 1983 Legislature Session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Block Grant Program created by Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality, and WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; and WHEREAS, it is the intent of the City of Okeechobee to apply for Fiscal Year 2009 Florida Small Cities Community Development Block Grant funding in the Housing category; and WHEREAS, the City of Okeechobee's Fiscal Year 2009 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City Council for the City of Okeechobee, Florida authorizes the Mayor and/or Pro -Tern to execute and submit to the Florida Department of Community Affairs the City's application in the Housing category for Fiscal Year 2009 Florida Small Cities Community Development Block Grant Application. SECTION 2. That the City Administrator is authorized to act in connection with the application and to provide such additional information as may be required by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded. SECTION 3. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. Resolution No. 10-09 Page 1 of 2 INTRODUCED AND ADOPTED in regular session this 201h day of July, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Pro-Tempore Resolution No. 10-09 Page 2 of 2 FAIR HOUSING WORKSHOP Prepared by: NANCY PEMLIPS & ASSOCIATES AGENDA 1. What is Fair Housing? ......................... 2 2. What is Discrimination? ....................... 2 3. What to do if Discriminated Against .............. 5 4. Discussion of Fair Housing Ordinance ............. 5 5. How can Fair Housing be Encouraged in Your Community ........................... 6 6. Suggested Activities to Affirmatively Further Fair Housing ........................... 6 7. Questions 1 • WHAT IS FAIR HOUSING? Every American has a right to fair housing. The right to live where they choose, to raise a family, to own a home -- in dignity and without fear of discrimination - is a fundamental right guaranteed to all Americans. "Fair housing choice" means the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap or familial status to have available to them the same housing choices. Fair housing is a right protected by federal and state laws. Fair housing means an individual may freely choose a place to live without regard to race, color, religion, sex, national origin, handicap or familial status. The Fair Housing Act protects people with physical or mental disabilities. It is illegal for anyone to deny an individual housing because that individual has a mental or physical disability, or a record of having had a mental or physical disability, or because people think an individual might have a mental or physical disability. Individuals with mental retardation, mental illness, epilepsy, cerebral palsy, visual and hearing impairments, AIDS and other disabilities are protected by the Fair Housing Act. People who use walkers, wheelchairs, service dogs, or a personal care attendant are also protected against housing discrimination. WHAT IS DISCRIMINATION? Housing discrimination is rarely blatant. It is usually disguised and is done with a smile and handshake. An individual's fair housing rights are violated when he/she is prevented from doing one of the following because of race, color, religion, sex, national origin, handicap or familial status: 0) 1. Viewing, or renting an apartment; 2. Viewing or purchasing a home; 3. Applying for or securing a house mortgage; and 4. Purchasing homeowners' or renters' insurance. Be suspicious if you hear lines like these: When renting an apartment: • "I rented that apartment right after you called. " • "I'll show you the apartment after I see your green card. " • "This building is for adults only. " • "I don't really want all those changes - a ramp, grab bars, that's too much. " • "We can't have mentally retarded persons living here. Who will take care of them? It will make the neighbors uncomfortable. " When buying a home: • "Do you think you can afford this neighborhood? " • "We just can't seem to make an appointment to show you that house. " • "I'll need to pre -qualify you before I show you homes. "* 3 • "The owner just took the house off the market. " When seeking a home mortgage: • "There's a problem with the appraisal. " • "We have a minimum mortgage amount, we don't make loans under $30, 000. " • "We'd like to make this loan, but we need at least a 2 0 % down payment. " • "You haven't been at your job long enough to qualms for a mortgage loan. " "You might get a better deal at another bank. Why don't you call there first before you apply here?" *If you are a realtor and normally pre -qualify potential homebuyers before showing homes, please ensure that you pre -qualify all potential homebuyers. The Federal Fair Housing Act requires that local government aid in the prevention of discrimination due to race, color, religion, sex, national origin, handicap or familial status in the areas of rental and real estate transactions within the local community. By working with your local government, lending institutions, landlords, and developers to educate individuals in your community about the Fair Housing Act, discrimination can be eliminated. 4 WHAT TO DO IF DISCRIMINATED AGAINST It is against the law to deny people the opportunity to live where they want to live. If an individual feels that. they are being treated unfairly, please encourage them to take the following steps: • Call the United States Department of Housing and Urban Development at 1-800-669-9777 or TDD 1-800-927-9275 for hearing impaired • Call the local or state fair housing enforcement agency • Keep records of any meetings and phone calls with the landlord, property manager, real estate agency, loan officer or insurance agent. Include the person's name and title, the meeting place, date and time. Write down what happened and what was said and save all receipts, applications, business cards or other documents received during your meetings. DISCUSSION OF FAIR HOUSING ORDINANCE Your local government has adopted a Fair Housing Ordinance as required by the Community Development Block Grant (CDBG) Program. This ordinance prohibits discrimination in the sale or rental of housing on the basis of the seven (7) protected classes (i.e., race, color, religion, sex, national origin, handicap or familial status). 5 HOW CAN FAIR HOUSING BE ENCOURAGED IN YOUR COMMUNITY? There are several ways to affirmatively further Fair housing in a community. One way that the local government can affirmatively further fair housing is to hold public educational/training programs for the general public as well as financial institutions, Realtors, and private developers to promote fair housing. SUGGESTED ACTIVITIES TO AFFIRMATIVELY FURTHER FAIR HOUSING 1. Promote efforts to enact strong fair housing laws by developing or strengthening local fair housing laws or ordinances so they are substantially equivalent to federal law; 2. Review local land use and zoning laws and procedures to determine whether they contribute to, or detract from, progress in fair housing. 3. Send letters from the local government to businesses selling, renting, or financing housing, encouraging them to adhere to the Federal Fair Housing Law; 4. Provide for public endorsement of the principle of fair housing and of the adherence to the Federal Fair Housing Law; 5. Require the use of affirmative marketing and advertising practices by private developers as a condition for obtaining local licenses and permits; 6. Establish a Fair Housing Commission to review and investigate activities and complaints of housing -related industries including; A. Real estate brokerage practices B. Lending practices C. Realtor practices D. Insurance practices E. Builder sales practices F. Appraisal practices 7. Contact local organizations to assess existing public opinion about the status of fair housing in the community and to solicit assisting in improving housing opportunities. Organizations to contact might include: A. Fair housing organizations B. Public and private "community centers" C. Civil rights groups D. Organizations representing minorities, women, older citizens, and the handicapped 8. Encourage participation of real estate broker associations, homebuilders, landlords, and lenders in programs to promote the following: A. Affirmative marketing B. Open housing C. Review mortgage underwriting/credit criteria that may have an adverse impact on minorities and women D. Broaden lending practices E. Community revitalization efforts 9. Develop public information and education programs promoting fair housing to be utilized during Fair Housing Week which is held every spring. Provide materials, posters and other information to: A. Newspapers B. Other publishers of advertisements C. Real estate firms D. Financial institutions E. Savings and Loan Associations F. Radio stations G. Religious organizations H. Public schools and institutions of higher education I. Major employers 10. Document efforts to focus public information activities on: A. Specific population groups known to have suffered from discriminatory practices in the past B. Groups directly involved in housing -related activities 11. Conduct or support through financial and technical assistance and public endorsement: A. Fair housing assistance programs that include: (1) Providing information to minorities regarding housing opportunity in non -minority areas (2) Providing escorts for minorities seeking housing B. A fair housing complaint referral program that includes: (1) Providing fair housing information (2) Assistance for filing fair housing complaints C. Educational programs for the following types of groups: (1). Citizen groups concerned with housing issues (fair housing groups, tenant associations, builders, real estate personnel, lenders, landlords) (2) Organizations representing specific population groups (minorities, women, senior citizens, etc.) (3) Other local organizations (advocacy groups, unions, voter leagues) 9 REMEMBER, IF YOU EXPERIENCE HOUSING DISCRIMINATION, CONTACT: United States Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity Room 5204 Washington, D.C. 20410-2000 1-800-669-9777 1-800-927-9275 - TDD 10 iEXHIBIT 5 a To: Mayor & City Council From: Brian Whitehall, City Administrator India Riedel, Finance Dept. RE: Contract for Professional Audit Services Bid#AD 01-02-06-10 Date: 07/02/2010 Advertisement dates for the Professional Audit Services contract were June 6"' and June 1 P. Notice of Bid was also posted on our local website on June 7t'. We received 5 direct inquiries for copies of the RFP. Two (2) firms responded. The Audit committee was given copies of the proposals by June 22nd and were individually reviewed. The committee met on June 30d', compiled each scoring and ranked the firms based on the prior established evaluation criteria. Firm Scoring Hoyman Dobson Certified Public Accountants 4.67 MK Tax & Accounting, LLC 3.67 It is the committee's recommendation to approve Hoyman Dobson Certified Public Accountants as the audit firm for the 2010 year and include the option of annual extensions as per the RFP. Annual cost: $27,300 Additional cost if single audit required: $ 4,000 July 8, 2010 Mayor and Commissioners City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 We are pleased to confirm our understanding of the services we are to provide the City of Okeechobee for the years ending September 30, 2010, 2011 and 2012. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Okeechobee as of and for the years ending September 30, 2010, 2011 and 2012. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Okeechobee's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Okeechobee's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis 2. Required supplementary pension information 3. Budgetary comparison schedules for certain governmental funds Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financi audits contained in Government Auditing Standards, issued by the Comptroller General of the Un' in States, and will include tests of the accounting records of the City of Okeechobee anymer proced Certified ,PaHic Accomir rnis 215 Baytree Drive I Melbourne, FL 32940 1 p: (321) 255.0088 1 fi (321) 259.8648 4767 New Broad Street I Orlando, FL 32814 1 p: (407) 422.1681 1 F (407) 514.2604 www.hoyman.com Mayor and Commissioners City of Okeechobee Page Two we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of Okeechobee is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the the City of Okeechobee and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and fo confirming to us in the representation letter that the effects of any uncorrected misstatements aggreg by us during the current engagement and pertaining to the latest period presented ar ' material, individually and in the aggregate, to the financial statements taken as a whole. It (�/ �ODW4& ' 14 Mayor and Commissioners City of Okeechobee Page Three You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does periods for which we are not engaged as auditors. Mayor and Commissioners City of Okeechobee Page Four Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures —Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing; and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if perfonned, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Okeechobee's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your infonnation. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your infonnation and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential informatio to others. In the event that we are unable to secure an appropriate confidentiality agreement; you wil asked to provide your consent prior to the sharing of your confidential information wowthe third - service provider. Furthermore, we will remain responsible for the work provided by a(Ysuch third-p UMice providers. ^^/ � Z)�J.tt. swan Mayor and Commissioners City of Okeechobee Page Five We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Okeechobee; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Hoyman Dobson and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to U.S. Government Accountability Office or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Hoyman Dobson personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the U.S. Government Accountability Office. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Deborah A. Goode is the engagement director and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for the audits will be $27,300 per year. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. Should it appear we would be required to perform any services your personnel have been assigned, to allow for an efficient and timely engagement, or if we see areas where the task undertaken is not as anticipated, we will consult with you to determine if our firm or your staff will take the action necessary to complete the assignment. We will provide a. Supplemental Service Agreement (Appendix A) for your signature and authorization. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external review report and any letter of comment, and any subsequent peer review reports and 10ters of com received during the period of the contract. Our 2008 peer review accompanies this lett Mayor and Commissioners City of Okeechobee Page Six You have the right and we reserve the right to withdraw from this engagement upon written notification. In such an event, it is the policy of the firm to bill a client for services provided and charges incurred on the client's behalf before the point of withdrawal. Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement, shall be submitted to mediation on a form decided upon by both parties, prior to resorting to litigation. The results of this mediation shall be binding only upon agreement of each party to be bound. Costs of any mediation proceeding shall be shared equally by both parties. Hoyman Dobson prides itself in employing quality individuals and underwrites substantial associate training each year. While engaged to provide these professional services you may become familiar with various members of Hoyman Dobson and wish to extend an offer of employment. Hoyman Dobson values each associate and does not wish to incur turnover, but also does not desire to hinder opportunities that may present themselves to these associates. Recognizing Hoyman Dobson's investment and training in each associate, you agree to reimburse Hoyman Dobson one-third of the individual's current salary should you extend an offer of employment and it be accepted. Additionally, if an employment offer is discussed during the course of the engagement, the Company acknowledges it may have impaired our independence. If an impairment of independence is deemed to have occurred Hoyman Dobson may have to withdraw from the engagement and thus not be able to issue a report. If this occurs the Company agrees to reimburse Hoyman Dobson for fees incurred. By mutual agreement of both parties, this contract can be extended beyond this initial contract period. We appreciate the opportunity to be of service to the City of Okeechobee and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Deborah A. Goode, CPA Director Hoyman Dobson RESPONSE: This letter correctly sets forth the understanding of the City of Okeechobee. By: Title: Date: c;;*� Z)W48w 0 Business Development Board of Okeechobee 0 • Table of Contents: • New Members (Investors) ................... 3 • • Business Assistance Programs............ 4 • Export Promotion ................................. 5 • Strategic Partnerships .......................... 6 • Marketing &Public Relations ............. 7 • New Businesses ..................................... 8 0 •Expanding Businesses .......................... 9 • Results For Companies Served ............ io - ii • Attachments .......................................... iZ - zZ pi Initial Investors (Prior to Sept. 2009): • City of Okeechobee • Okeechobee County • Close Construction • Florida Power & Light • Freshwater Development • ICS Computers • Quail Creek Plantation • Raulerson Hospital • Seacoast National Bank • Syble's Flowers & Gifts New Investors: • The Alarm Company • Best Western • Budget Inn • Costopoulos & Helton • Culpepper & Terpening • Gilbert Chevrolet • Syfrett Feed • The Tucker Group • West Gate Sheet Metal • Willard D. Dover • Glades Electric Cooperative • Northwestern Mutual • Morgan Stanley Smith Barney • PNC Bank • Hampton Inn • Pritchards & Associates • Holiday Inn Express • RSM McGladrey • Lori Mixon • Straat Investments • Mims Veterinary Hospital • Willson -Mixon Associates Business Assistance • • 67 Inbound Business Calls for Technical Assistance • 71 Business Visits (32Primary Industry Businesses) • i19 Businesses Provided Enterprise Zone Information • Entrepreneurial Development Financial Services Network • Business Wellness Program • Library Business Assistance Center 11 Export Promotion � •Hosted Trade Reps from Enterprise FL & USDOC • Magna -Bon • Dominican Republic, Jamaica, Germany • Royal Concrete Concepts Angola (BDB brought in assistance from EFI & USDOC) • Syfrett Feed 0 •Galley Maid • CEECO 5 Strategic Partnerships • Florida's Heartland Rural Economic Development � Initiative • Florida's Research Coast Economic Development Coalition • South Florida Manufacturers Association • National Association of Industrial &Office Properties • Council for Supply Chain Management Professionals • •Supply Chain Training Center Advisory Committee working with Materials Handling Industry of America • Banner Center - Logistics & Distribution Advisory Council Marketing & Public Relations • Web Site � • Magazine Articles • Okeechobee Magazine • Florida Trend • Homegrown • Radio • WO KC � •Newspapers • Okeechobee News • TC Palm • Treasure Coast Business journal II • 0 New Businesses • Prospecting Activities • Information Packages Sent to i9 • Enterprise Florida Leads Qualified Prospects • Networking with Strategic Partner Organizations • New Businesses Assisted • LS9 • Applied Biotechnologies Water Treatment • Ag Spectrum • B&D Biomedical Waste Services • Jackson Diagnostic Imaging • Sunny Fresh Citrus Packing • Okeechobee Dodge Chrysler Jeep L Expanding Businesses • Magna -Bon � •Concrete Products of the Palm Beaches • National Pool Wholesalers • Under The Sun Distribution • Maltin' a Splash • Royal Concrete Concepts • Max -Professional (Ecotec) � •Quail Creek Plantation • Okeechobee KOA • Fly N High Enterprises E Results For Companies Served • Projections For Projects to Date: • New Jobs. 121 • Average Wages: $31,620 • Wage Impact: $3,826,000 • Capital Investment: $4,555,000 • SF New: 34,500 • SF Absorbed: 64,300 • • County Tax Impact: $58,704 • City Tax Impact: $2,883 10 Results For Companies Served • Example Projects: • Magna -Bon, seeking to add Z5,000 SF facility, 4 jobs • Ecotec, adding 7,500 SF facility, no additional jobs • LS9, adding 40 jobs at average annual wage of $35, 000 • B&D Biomedical, invested $500,000 & creating 9 jobs • Applied Biotechnologies Water Treatment invested $io,000 into 3,400 SF leased facility at airport incubator ! & is creating 5 jobs • Not included in numbers: • Royal Concrete Concepts i, 000 jobs for Angola project • Additional prospects with jobs totaling over Z,000 11 i R 4 A E)IK B11biIlf iDevelopmirmt 12 • 0 Financial Services Network An organizational meeting of the Financial Services Network will take place at the following date, time & location: Friday, April 23,'2010, at 10:00 am The Financial Services Network is comprisedof professionals working in the financial services industry in Okeechobee. The objectives of the group are to: • Identify ways to help businesses within the network grow and Prosper • Coordinate workshops to provide learning opportunities for financial services industry professionals Offer educational opportunities to financially strengthen Okeechobee area businesses • Promote resources available through. businesses in the Financial Services Network Please feel free to invite bankers, accountants, insurance professionals, financial advisors and others you feel may be interested in participating, RSVP TO: Brian Cartland Business Development Board of Okeechobee Ph: 863-467-6246 Ce-U: 863-69Ti-,7o Brianta0keechobeeBusiness,com .vww,OkeechobeeBusiness.coni 13 Building a Bankable Business! Experts show how to build a financially stronger business. Friday, June 25 Zo1o, from 10:00 am to 113o am Okeechobee County Public Library, zo6 SW 16th Street - - - -- - - -- -PROGRAM - - -- - - io:oo - 10:30 Creating a Sustainable Business Model Mike Costopoulos, CPA/PFS, Costopoulos & Helton, PA 10:30 -11:oo What Your Financial Statements Should Be Telling You Josh Harris, CPA, PNC Bank 40 11:00 -11:3o What Banks Look For Dawn Smith, Regions Bank; Kathleen Shatto, Seacoast National Bank; Duke Evans, Small Business Development Center A Program of the Business Development Board's Financial Services Network There is no cost to attend, but registration by June 23 is required by contacting: kylk Mary Chesley, (863) 467-6246 or Mary@OkeechobeeBusiness.com BosinessDevelopment. Boardof C k h www OkeechobeeBusiness.com www facebook.com/OkeechobeeBusiness 14 1P Be"S`68"Pch Coast MW,F1r Research Coast: Loading the Warr for Research, Educadon & innovation 91-W a.m: Mo Session by l#WM MM SUM CaNr opens and i bream Is served • 1 "O a.m EduaMon in our Region pres mtecl by Casey Lurweford Ascent Dean of Arts and Sciences bulma River State CoffeW 1M%a.m Break • 11 m a.m. erg Remarks and Introduction of Keynote Speaker by Dr. Edwin R. Massed , President of Inch River State College 11.15 a.m. Keynote Address: Russell Allot, President A CEO, BioHorida Inc. Noon Afternoon Sessionfacilitated by Fbddm% Research Coast opens and barred lundi is served t tG p m Pwbmvhip for Suess: Model for clevelopk4 relationships with Private Research entities. -UCT Cowtlqp - Yancy R die -Synw"-Tony Ekad - Frank Miele -Remetr+onbr- Russo Knovdes 215 pm, TOO p m. Break s Business Development Board of Okeechobee - Windows Internet Explorer ABOUT THE 8DB RELOCATION and ASSISTANCE RESOURCES & LINKS 1 CALENDAR OF EVENTS = CONTACT aurcrirL, JW IE v LL http: JJwww.tcpalm, cominewsJ20091sep/ 151okeechobee-okeechobee-names-development-directorI File Edit View Favorites Tools Help lc� Services (18) Quick Search [F3] NReb Search web Look for Maps . . ........... Y-Y Y OKEECHOBEE — Okeechobee Main Street has named Brian Cartland as executive director of economic development_ Cartland will head a program that will become a stand-alone organization to be named the Okeechobee Economic Development Council- This program is the culmination of years of effort and coordination among the county, city, business leaders and partner organizations such as Workforce Solutions. Cartland began his career in economic development in 1992, and has worked on business expansion and relocation projects throughout the state_ Formore information, contact Cartland at (863) 467-6246 or brian@theokedc-com. I eInformer Q Customize- 17 C� • southeast ECOMMIC DEVEWPKPG Dusting tiff the Playbook- In 900$,an acuMf to abed III Van Comar.L WniBrrfq U,r "ntm;e DerelHpmcotW*ard of Mooftbee Cdusdj, is •dnreed Vdfhdhar0ryll%IN Wi%'t empksompnogim inhigid fc hit]ic ioLL.i r:' .0y. bnm'd Cltairrpau W124,5mi %£4RCHA5t Maeiansi Rmlkpmkidmr fire age Ieipl n. Ydiiut Cat',1ta:J, a :: tr H,rarawu�i� deyet- nmfnxm+c. QvIfCoL7it aaeteetYJtlSh:,kY)'tnn L•Le Lei:: Ilelp existiryr bHsincom mA m:ndc rinitry1v sgriAl t'J'.'C- V9td unrism I+x.Aoocmonty I Ig fvm hflrtbr,rmm- a''4pfvaiitdty 141eai11 rnaatanalpopduim renh-m r,*xsit a natural fo r dart ihm i,m nTcn o- tiuns,—r-AirnirirgxAd ecru terl�wl.rKSc Tndtrtt, I:hlifnuuia=la9?. L59 ir. 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ECOmomic RKUVERY Federal Boost Fsdwal. <:Iatd�� :percl iiy liv ccuttt•: te.ndw.dpeeafg Satmy Teai'r; 3kr CeOil� ..N of Sti..M 34Yi.5 -iltatr3:'.s Fain 'Rieta,:�ir> � i',:bl =1vtf. VI5.3 big., i 922 ... -R 3lt• T>TeFcrrtx :aft, a'h:ry Bcach n aive c' K ani ltlev to _ n'cnibxing so%riam aFpcinmd .Lime, Judgo 0 ihv aanoary'- ,, fi C_ia. Fcurccrt. .:ogles Ftyt' cr 'V'f 41- Txesid*1 :t,7dge r as da rmdl can f.-O ::=.gnra jadve `irrn bawd nr,-worn. sapfx: T mnpany fr:*.p-,Wyk. t> Buea iaton Cali, nJnitr Hvsl i al mn•cd Berry 1 Ftadeb. a. �,:.fw7ltara ^lu s ,,vJ as t'1n h-, rit71 . mp rK rIR vt, picsili nt and CC: r nalp ;ame to the I•mpital in 2005 — i> �,.ndit u rrth ex_¢utng afn.nni.1 tlurarr•ilr,lil jee..dl 7caaitn H mpi.t..tirn v , v:Uluyy, -kart ear::, nan�n� hq^ t: drd imagkrg. -t,r hm tr. Ay' 'larrcJ Dawn R 7srHrLadc virw p'7a5 ., I d'w .'0.._Zmzt rns ,r7inr ofrn pmx,-.i mt ar- I I',Ftt 3—rd iralti. )POreg Itaylor a I—pitAitr irdJ-" • t-rnn• ,xv: a•wuri:rd gmcal nanagwr P. irmy HOW. nhme he All load e rcm. ast m .7 d m mt.lm i0 IY hutci w'aarmir mfir Kmr:r uui c-v Iur -''i xexr. nim a hni- L• i,d Tics 1 wlpitaliry .nd i- houWue di•ri ma des ve 1=1,. Bueinem Devehn n ont Board of Okeechobee BY m In 2W, the Ecatsomic Restructuring Committee of Okeechobee Main Street agreed t), take on the challenge of creating the community's ftrat county -wide, full service economic development organization. Committee mem- bers secured funding from Okeechobee County, the City of Okeechobee and private sector business Leaders. In Septetttber, the committee hired an executive director, Brian Cardand, to lead the new Business Dew Board of Okeechobee (BDB), With nearly 20 years in economic development, Carttand brings a Len ofexperience ce to the organization. • Okeechobee offers many advantages for businesses. An abundance of relatively inexpensive industrial property availability of tA and cetttrol location make Oktbchobee an owelient business destination. Okeechobee is within a 2 bout drive of communities imdudimg Matm, Orlando and Tampa. In May 2010, the Business Development Board of Okeechobee took another guar step by adding another stiff member,MaryChesky 'Mary bringsoutstandingtxperience and A& in business management, sales and public relations. We are thrilled to have her on board" The Business Devdopmmt Board of Okeechobee is committed to diversifying the economy and increasing the p „ number of high wage jab opportunities while maintak ng the distinctive alai Florida character of Okeechobee. Comad dmBDB at (863) 4V46246 or vtsft eta at www.0ket wbreSttataess.ama or enwff Brio cam 35 UVE I M http: flwww. f loridatrend, comiarticle, asp?page=3&aID=52682 x t� File Edit View Favorites Tools Help Ll Quick Search [F31 iU Search web Look for Maps Services (18) Rebatelinformer Custorr overseas, construction had replaced it as the sector for blue-collar workers. "But now 'most of the construction jobs probably are not going to be back either ever or for a decade, Florida's going to took different than it did. Meanwhile, commercial real estate prices are down 315 ENI Pittenger in the region. "Commerbal real estate is the weak link in the economy right now and in the recovery,' Pittenger says. Look for a U-shaped economic recovery. "But the bottom of the U is going to be very long, OKEECHOBEE COtRfTY Business to Watch D Shopper on the Boardwak, the latest muttimillicin-doilar endeavor of David Nunez Jr. and his wife, Anita, includes Hammerheads' Billiards Bar & Grill, which will employ 57, two retail spaces and a martial arts school to join an already -completed office space. The couple own several Okeechobee businesses. previous ] 1.2 3 4 [ next ] 46P-t-b4f—at tf_-sab-k- Djosigrid byRar6a"rrend u Prcqranvr*d&P0VMredbY a F4L4EXMMID 171611 WMIet Okee( e business beard creates I jndnr-ii I services network, plans workshop - I CNIm.com Windows I nternel I xplaret Im'Ird crc"Itc�' 1,111om-MI start Most Popular 0 Thank You For Your Support! Okeechobee City Council Update 0 July 20, 2010 23 N att on al, D ay�,�7� U OF THE A, t�I�'# �1 NL }- cc WBO r. _ t F . Millage rates, definitions and projections for Ad Valorem Fiscal Year 2011 Provided by: India Riedel, Finance Dept. Date Provided: 7/12/2010 F Millage Rate 97% of Taxable Values Effect of Ad Valorem Revenue Compared to 2009 Budgeted Amount 0erated Tax evenue Previous Millage Previous Millage Fiscal Year 2010 Fiscal Year 2010 (Historical Information) 6.7432 6.7432 Ad Valorem Tax Ad Valorem Tax Millage rate multiplied by Millage rate multiplied by Prior Year Current Taxable Value Current Year Gross Taxable Value 6.7432 6.7432 280,309,517 240,027,930 -$271,627 $1,890,183 $1,618,556 Simple Majority Vote awn Kecommenaea Adjusted current Year Rollback/Ropforward Rate Ind. New Construction Adjusted current Year Millage Rate that zero's out the budget as of 07/20/10 8.5913 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 8.5913 240,027,930 $171,969 $2, 062,152 Simple Majority Vote Adjusted current Year Roll back/Rollforward Rate with application of FL Statute CPI of (1.89%) 10.9619 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 10.9619 240,027,930 $740,979 $2,631,162 Simple Majority Vote Adjusted current Year Rollback/Rollforward Rate with application of FL Statute CPI of (1.89%) With a maximum allowed increase of 10% 12.0581 Ad Valorem Tax Millage rate multiplied by Current Year Gross Taxable Value 12.0581 240,027,930 $1,004,098 $2,894,281 2/3 Vote 2010-2011 TENTATIWUDGET PREPARATION ANI) MILLAUE UALLIVUAK DATE AGENCY ACTIVITY May 28th Account Supervisor Submission to Department heads budget worksheet reflecting estimated expenditures for current fiscal year. Jun 1 st Property Appraiser To submit estimated Tax Roll value for properties within the City limits. June 2nd - City Administrator Individual meetings held with each Dept Heads Dept Heads & Acct Supvr June 15th Dept Heads Submission of budget request to City Administrator and Accounts Supervisor for expenditures for 2010/2011 budget year. July 1st Tax Assessor Submits certification of Taxable value to taxing authority (City). Time period starts July 1", 2010. July 20th City Administrator Set date, time and place for public hearings to beheld in September City Council and consider proposed millage rate for tentative budget. July 22°d- City Administrator Continued Review budget request with Dept Heads including Account Supervisor Revenue and Departmental Budgets. Aug 2nd Account Supervisor Returns certification to Property Appraiser and copy to Tax Collector. Aug 3rd City Administrator Review budget request with Mayor and Dept Heads including Account Supervisor Revenue and Departmental Budgets. Aug 17th City Council Budget Workshop, 6:00 pm Sept 7d' City Council Second Budget Workshop (if needed). Aug ? Tax Assessor Prepares and mails to each taxpayer a "Notice of proposed property taxes" (this serves as a general notice of first hearing of budget). -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - Sept 19th City Clerk (at least 10 days prior to final hearing) (10 days actual) Sept 14th City Council (within 80 days of Certification) Not earlier than 65 days) (68 days actual) (no sooner than 10 days after mailed notice) (14 days actual) Sept 22nd City Clerk (within 15 days of tentative budget) Sept 28 City Council (no sooner than 2 days)(5 days after advisement) Oct 1st Account Supervisor (within 3 days of final hearing) Advertises budget ordinance. F>S. 155.041(3)(a) and Millage ordinance. Hold first Public Hearing and reading on tax millage and appropriations ordinance. F.S. requirements prior to conclusion of first hearing: 6:00 1. Council amends tentative budget 2. Adopt tentative millage and budget (each one separately) 3. Re -compute proposed millage rate 4. Publicly announce percent millage rate exceeds `roll -back rate". Advertise Public Hearing to finally adopt a millage rate and budget (1/4 pg. 18pt type) in addition an adjacent notice meeting the budget summary requirements of Sect F.S. 129.03(3)(b) and statement of expense % increase of prior year expenditures. Second/Final Public hearing, amend adopted tentative budget to finalize the The budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution/ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector. Completes and certifies form DR422 to property appraiser. 0 • EXHIBIT 7 from the desk of Bettv J. Clement MEMORANDUM CITY OF OKEECHOBEE GENERAL SERVICES 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863-763-3372 EXT. 218 JULY 20, 2010 TO: Robin SUBJECT: CC 7/20/10 Agenda Item — Temp. Street Closing DATE: 7/12/10 Robin, Attached are the 15 copies of the temp. street closing application for Martha's House Event to be held August 21, 2010. (The temp. street closing app. is the second page of the packet ) rlo� 0 l- oiv CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 CHARITABLE FUNCTION, STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Received: Application No: � Date Issued: Dates of Event: Page 1 of 3 1 Fee: Date Paid: Information: FE-Mail r anization: j Tax Exem t No: - _L ailin Address: ontact Person: Address: 1 jM Lk I I IAE 1 ni OLCIAd us c Telephone: ` Work: Summary of activities: j r) �nm Ti.t I I n r-, r l l , i 1 .s t i r M= ug �t t 1! f111111k, VM I % I MST!- 9--mlilild''11,100im •MUA wl1 r/ 1 w�wL'�1I11.1��1isri 1 /1 - r• 1 r Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park Y2 (qE3 )e4' ❑ #5 ❑ #6 43 TEMPORAR. STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: Street Address City State Zip Code Street(s) to be closed: A , -�Q k Dates to be closed: Times to be closed: 1 ` -- Purpose of Closin ' IRAIM 1 14 F Attachments Required: Charitable Function Street and Sidewalk Closing ► Site Plan ► Original signatures of all residents, property owners and business owners affected by the closing. ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. ► If any items are being sold on City streets or - sidewalks, a Temporary Use Permit (TUP) must be no n attached for each business. TUP can be obtained from the General Services Department. ► State Food Service License, if applicable. ► State Food Service License, if applicable. ► State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: ► Clean up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TES AMENTARY TRUST AS ADDITIONAL INSURED. cn 6 a Applicant Signature Date ••••OFFICE USE ONLY**** Staff Review City Engineer: c A. F - Date: o .P /o Fire Department: Date: Building Official: Date: Public Works: Date: -9-/ Police Department: Date: -;;'I, cr�- -10 BTR Department: __ Date: _ jv City Administrator: Date: ? , z , City Clerk: Date: '?-/Z-lp NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Street and Sidewalk Closing submitted for review by City Council on Date Street and Sidewalk Closing reviewed by City Council and approved Date -- I bo ayl ct k o-,� 0"1 6�he ie bo r)c c 1 bsej � 4P,U.(� �%ik'V^,Gs AC ORD CERTIFICATL"bF LIABILITY INSURANCIEF OPIDAD MTEPAXVVYM ER MARTHOU 07/01/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Greg Roe Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9851 State Road 54 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New Port Richey FL 34655 Phone: 727-376-0030 Fax: 727-376-2262 INSURERS AFFORDING COVERAGE INSURED NAIC # INSURER A. P7•ilaAelP , ty 51352 INSURER B- Martha's House Theresa Alexander INSURER C'. P.O. Box 727 INSURER D- Okeechobee FL 34973-0727 INSURER E COVERAGES THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTMTHSTA.N. ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO WTVCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR NSRD TYPE OF INSURANCE POLICY NUMBER POLCY EFFECTIVE POLICY EXPIRATION DATE IMMIDIMM DATE (MBNDD" LNRfS GENERAL LIABILITY A X X COMMERCIAL EACH OCCURRENCE f 1,000,000 DAMAGE TO RENTED GENERAL LIABILITY PHPK541160 03/10/10 03/10/11 / CLAIMS MADE OCCUR � PREMISES (Ea f 100,000 MEDEXPoreP..o7 f 5,000 PERSONAL S ADV INJURY f 1,000,000 GENERAL AGGREGATE f 1,000,000 GENL AGGREGATE LIMIT APPLIES PER' PRODUCTS-OOM'/OP AGG f 1,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABNJTY A ANY AUTO PHPK541160 ALL OWNED AUTOS COMBINED SINGLE LIMB E..dd ) 03/10/10 03/10/11 (f SUO, OOO SCHEDULED BODILY INJURY(P. AUTOS P-) f A X HIREDAUTOS X NON9WNE0 AUTOS BODILY INJURY f (Per axiUmt) PROPERTY DAMAGE (PINamtlM) f GARAGE LABILITY ANY AUTO AUTO ONLY -EA ACCIDENT f OTHER THAN EA ACC f AUTO ONLY: EXCESSNM18AEiLp LNBIL/TY AGG f EACH OCCURRENCE f OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE f RETENTION f f COMPENSATION AND f EMPLOYEI EMPOYERS' 4IIBILITY WC STATU- OTµ. TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMIEMBER EXCLUDED? EL, EACH ACCIDENT f If Yea, Eewft 1IIJer El- DISEASE - EA EMPLOYEE f SPECIAL PROVISIONS Eebw OTHER E L. DISEASE - POLICY LIMB f A Crime PEPK541160 03/10/10 03/10/11 Employee 25,000 DESCRPTION OF OPERATIONS / LOCATIONS /VEHICLESI EXCLUSONSS ADDED BY ENDORSEMENT SPECIAL PROVIBIONS Dishonesty 500 ded *30 DAYS NOTICE OF CANCELLATION, EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. HOLDER IS NAMED ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY FOR FAMILY FUN DAY TO BE HELD IN THE PUBLIC PARR LOCATED ON S.W. 3RD AVE, OCOCHOBEE, FL ON 08/21/10. CERTIFICATE HOLDER CANCELLATION CI TYOCO SHOULD µY OF THE ABOVE DESCRIBED POLICIES BE CANCEU" BEFORE THE EXPIRATION CITY OF OCCICHOBEE AND R.E. HAMRICK TESTAMENTARY DATE T/IEREOF, THE ISSUNG INSURER WBL EMEAVOR TD MAL DAYS WIBTTEN TRUST NOTICE TO THE CERnrCATE HOLDER NAMED TO THE LEFT, RTT FA"ft To Do So MALL 55 S.E. 3RD AVE IMPOSE NO OBLIGATION OR LMAILITY OF ANY ION) UPON THE INSLRH; TITS AGENTS OR OCOCHOBEE FL 34974 RIEPRESENTATNEB. A ATNE , e ACORD 25 (2001108) © A CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (200 105) 07,*09/10 FRI 08:50 FAX 86376367 2 MARTHAS HOUSE OKEE. 001 00016 Consumer's Certificate of Exemption DR-14 R.�!q04/05 OEPMTMENT Issued Pursuant to Chapter 212, Florida Statutes 03/18/06 Or REVENUE 85$012708834C-4 02i11/2006 02/26/2011 501(C)(3) ORGANIZATION This certifies that MARTHAS HOUSE INC 4134 US HIGHWAY 441 N OKEECHOBEE FL 34972-8600 is exempt from the payment of Florida sales and use tax on real property rented, transient rental proPeity rented, tangible personal property purchased or rented, or services purchased. Important Information for Exempt Organizations DR-14 R. 04105 DEPARTMENT Of REVENUE 1. You must provide all vendors and suppliers with an exemptlon certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even It the individual will be reimbursed by the organization. 4- This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 5. It Is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480. )IIBIT 8 JULY 20, 2010 OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: I CTTY.ADmII,,IISTRATOR,S OFFICE 55 SE 3'D AvENLTE OKEECHOBEE, FLORIDA 34974 NAME: �- £ ADDRESS: '7.L( lk)CF 'Cis( TELEPHONE � FAX MEETING: REGULAR I SPEC ❑ WORKSHOP ❑ DATE: o c p P E ST THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA G L PT E; ii-n A- T 24S To 1 Gct �L€r9 e 3 iCf QUYSn h$Li r`Nzi�� 9t T y =1,`C?Ic os GTi7 ©F iy� R.4% �se� ;�,� (�(� jacco'PfT"fNCF O� n��Z/J/iSaT E STATE WHAT ART S) U HAVE WORKED WITH: STATE DESIRED ACTION BY TH CITY COUNCIL: wasll Ac-r W 4 1sca: AttNf2 PLEASE SUMMARIZE PERTINENT INPOR�ATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: tN =lcz kq3 08 V�l 3al'iifNf.S (NSQFrr�) IF A PRESENTATION IS TO BE MADE, PL LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR SIGNED BY: DATE: L a o Independent Inspections, Ltd W241 S4135 Pine Hollow Court Waukesha WI 53189 Bill To: ATTN: ACCOUNTS PAYABLE CITY OF OKEECHOBEE 55 S EAST 3RD AVENUE OKEECHOBEE FL 34974-2932 0KEE10 � I Net 15 Permits for June 2007 �^ 600106 6/29/2007 duete y rw ;' 7/14/2007 Please Remit To: Independent Inspections, Ltd W241 S4135 Pine Hollow Court Waukesha WI 53189 ,502.70 1 $6,675.41 _., .... $37,827 1ENT °i )ate: 7/13/07 Check: 20036 Amount: 37,82 29 Discount: 0.00 Vendor: Independent Inspections, Ltd. Invoice Amount Reference 3l)0106 -- Amount Description Distribution 37,827.29 - Amount 23491 ---- - --- _ 37,827 29 Monthly Permds &Inspections - 001 0519 001-3100 37,827.29 Independent Inspections, Ltd. Page 138 of 215 , Billing Recap Date 6/29/2007 2:00:46 PM From: 06!01/2007 To 06/29/2007 City of Okeechobee (FL) Permit Permit Wi Admin Other Deposit Total Permit No. Type Project Description Contractor Nan:e .O►vner's Name Project Address Fee Seal Fee Fee Fee Fee 0321-07-06-0 BLDG STOREFRONT OWNER MOSSEL, ROLAN 710 NW 6TH ST 10,714.39 0.00 126.54 10,840.93 WAREHOUSE 0321-07-06-0 ELEC STORE FRONT CROSLYN ELEC MOSSEL, ROLAN 7.10 NW 6TH ST 1,111,44 0.00 1,111., 0321-07-06-0 HVAC WAREHOUSE STOREFRONT QUALITY AC & HT MOSSEL, ROLAN 710 NW 6TH ST 1,111.44 0.00 1,111.44 WAREHOUSE 0321-07-06-0 PLMB STOREFRONT ALL PIPE PLMB MOSSEL, ROLAN 710 NW 6TH ST 1,111.44 0.00 1,111.44 WAREHOUSE 0322-07-06-0 BLDG WINDOW HARDEN & MEGEE WILLIAM, RONNI 316 SE 8TH AVE 90.00 0.00 90.00 0323-07-06-0 BLDG METAL ROOF OWNER GRIFFIS, CHARL 701 NE TH ST 80.00 0.001 80.00 0324-07-06-0 BLDG WINDOWS/STUCCO OWNER ELLIOTT, GAIL 921 NW 5TH ST 80.00 0.00 80.00 0326-07-06-0 BLDG SCREEN PORCH OWNER MALDONADO, G 1003 SW 11TH AVE 40.00 0.00 40.00 0326-07-06-0 BLDG FENCE PAUL HARRIS DURRANCE, ROL 908 NW PARK ST 50.00 0.00 50.00 0328-07-06-0 PLMB SEWER HOOK-UP WISE CHOICE PLM NONAN, JAMES 802 SE 9TH CT 41.40 0.00 41.40 0512-06-09-0 REIN NEW HOME 1/G REINSPECT FEE BROTHER IN LA 903 SE 14TH CT 160.00 0.00 160.00 0529-06-09-0 REIN NEW HOME 1/G REINSPECT FEE QUALIFIED BLDR 1809 SW iTH AVE 120.00 0.00 120.00 Total Fees for the City of Okeechobee (FL): 4 7 0.00 0.00 392.08 972.65 45,867.,. p,0 0 The Updates! from the City Administrator's Desk SS SE 3Td Av., Okeechobee, FL 34974 °1916° City Hall — 763 3372 City Council meeting of July 20. 2010 • Garbage rate Resolutions — on the Agenda, reflect a 2.3% increase in services from Waste Management. I distributed a chart reflecting historical data. Jeff Sabin is to appear to field questions about the contract. • Brian Cartland Bus Dev Bd — is on the Agenda to make a presentation. • Approval of the Nat'l Day of the Cowboy 7/24 route is on the Agenda. • J A Tootle has requested to be on the Agenda and his request form is an exhibit thereto. I wasn't going to give this additional comment but want to mention some of Mr. Tootle's `logic' in appearing. City Council adopting a method to eliminate an appearance at the meeting — has to do with time limitation, I think. Please keep in mind that the City Council has every right to impose a time limit, it's a `public meeting' where the public is invited to attend, it's not a public hearing where the public has an inalienable `right' to speak. Gross mismanagement of City funds — This is the gist of his appearance. He apparently wants to purchase an unfinished warehouse on NW 6th St. The building permit (BP) has expired. Of course, he wants a good deal on the property and not pay for future inspections, which were part of the original BP cost. He would realize some benefit of a reduced BP cost as the project value would be adjusted, but apparently that isn't good enough. Non-performance of legal duties and questionable integrity of City Mgr— I suppose convincing Mr. Tootle not to attending a prior meeting advising that it wasn't necessary is part of if Further, I assume he expected me to terminate Independent Inspector services or rearrange the BP issuing method. Incompetence of (bldg official) Independent Inspectors — Again, anything or anyone having to do with his deal on the property is a target. • Budget and Millaae — Exhibits for the Agenda reflect several alternatives for the millage rate action that is required at this meeting, along with a budget timeline. As you may recall, the City is required to seta maximum millage rate for the upcoming budget. Also we're required to set the dates and times of public hearings associated with the budgeting hearing process. Page 1 7120110 Activity Rpt Cont'd Budget and Millage Cont'd • Some update snippets on the budget: -Current yr (fye 2010) is shaping up to an eventual balanced budget of $56,000 in the black. Of course, that's simply a snapshot at 7/12/10, things could change, as expected year-end information is a bit of a moving target. Also, that includes a transfer of $317k from the Gas Tax Fund, the maximum we can account for street related costs. Revenues are very close to expected, expenses are reduced about $200k -Sales tax estimates for the coming year are up approx $80,000, some good news. Unfortunately, as expected, the Property tax is expected to suffer with assessed values decreasing dramatically. $360,DOD,C^^ $340.000, C $320, 000, C $300, 000, C $280, 000, C $260, 000, o $240.000, C $220, 000, C $200, 000, C 6 year Comparison Qf Taxable Values 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 '2010/2011 -As demonstrated on the graph, taxable value has diminished an addition 15.6% from last year's budget or approx $300,000 based on the same millage rate. The reduced value is about 29.3% less than the 2007-2008 value. -Another source of revenue reduction is the telecommunication tax wherein we've received multiple adjustments from the state (similar to last year's sales tax estimates) now indicating a $59k reduction. -We're looking at proposing reductions in each of the following contributions: Main Street, Business Devel Board (already agreed to), Shared Services and the last contribution to IRSC (already agreed to), with an est. savings of about $10,000 -As part of the examination of contractual obligations we are trying to negotiate fees. i.e. CAS has agreed to a 10% reduction, Accepted RFP for audit services that yielded a slight fee reduction. -Anticipate using the City's existing monies to make the squad car purchase this year vs the lease program, which should realize a savings of $20k. Page 2 7120110 Activity Rpt Cont d • CDBG application — As explained, the City is pursuing a Housing Rehab grant in connection with the 2009 CDBG. On the Agenda are the appropriate action items, a Resolution authorizing the grant and a Resolution adopting the Local Housing Assistance Plan. Also on the Agenda is a Fair Housing presentation as required. Further, enclosed in the packet, are communications from Nancy Phillips on the program particulars, incl the budget ($700k) and average grant per house (up to 10 houses) improvement is $59,500. • City Hall restroom remodel — project is underway, please take a look at the progress when you stop by. • Former Boswell property disposition — recall that the City agreed to accept a parcel of property once the house was removed, just west of NW 9tn Av & NW 9t" St. We are STILL waiting on the County to finish all grant stipulations. Shirley Johnson asked to be on the agenda as soon as we are deeded the property to request use by the First Missionary Baptist Church of Dean's Ct. (the church adjoining the property) Attorney: • Litigation/mediation on the billboard at SR 70 West —On 1112110 Atty Cook and I met in mediation w/Atty Steve Ramunni and his clients in Ft Meyers at the office of our insurance company's atty Robert Shearman, Henderson, Franklin, et. al. On 3W10 the Atty representing PRM sent a letter to Atty Ramunni following up on the matter. The City has now finally rec'd communications from Atty Steve Ramunni indicating Centennial Bldrs has identified parcels, but his communication doesn't indicate where ... we've asked for clarification prior to considering this. City Clerk: • November 2, 2010 General Election Proclamation is on the Agenda. • Activity report is attached. • Board Vacancies — We desperately need volunteers for the following City Boards... seriously, if any of you could talk it up- 2 — City residents for the Code Enf Board 1— City resident for the General Employee Pension Board 1— City resident for the Police Officer Pension Board Finance: • Audit RFPs —The City rec'd 2 proposals at the 6/20/10 opening date. This agenda item has the contract as an exhibit along with a cover letter detailing the scoring from the Audit Committee, comprised of Mayor Kirk, Atty Cook, India and me, proposing award to Hoyman, Dobson & Co., Melbourne. Page 3 7/20110 Activity Rpt Contd Finance Cont d • Safety Award — The City received an award for Best Overall Safe ty Performance for small employer 0-100 employees) in the PRIM of and Sharon Allison plans to appear (or Councilman Williams in her absence) and present that at the meeting. • PRM re resentation for Health Insurance Pool- On the Agenda we k approval for Sharon and India (as alternate) to serve as Board members • Investment Polic - ----1 We've done additional research on same. Robin complied a definitions report on various investments that I'm filtering through to assist in identifying the options we wish to end up with. • Finance Director osit/on — at one time or another l have probably visited with each of you about moving Accounts Supervisor, India Riedel to a position more suitable to her job duty and more challenging to fit her disposition. General Services: • Activity�ort for 5/29 thru 7/13 is attached. • CO.M.110 Plan Evaluation and A raisal Re ort EAR — outstanding Approval remains • Water Supoly 10-yr P/an _ to ter fora We had the 1 St Rdg on 11/3/09 and it's been sent approval, prior to the City's final adoption. I spoke to Bill Brisson about this and how to get around the gridlock between OUA and SFWMD as it relates to max daily allowances (SFWMD wants more restrictive measures). Police. • June activity report (attached) and six month statistical reports: June Six month All calls- 687 Traffic Warnings- 56 586 Traffic Citations- 120 586 834 Arrests- 38 241 Accidents- 39 239 Public Works: • Sidewalk proaram — FDOT — indicated that the change -order bAt id they had 15/10 rrec'd for addit' in Sebring FDOT improvements on NW 9tn St were excessive. They are continuing onal Cequested negotiate that matter. Currently, still have no indication as to when FDOT will start phase 2 of the sidewalk project. Page 4 STAFF ACTIVITY/STATUS REPORT TO: Administrator Whitehall FROM: City Clerk Gamiotea DATE: July 14, 2010 In addition to our daily routine work, here are items of notable interest: ELECTION - The Candidate Packets are ready, Qualifying Week is from Noon, August 16 to Noon August 20. Up for re-election this year are Dowling, Lowry, Clayton and Lane. Mr. Devin Maxwell has pre -filed to run for City Council. CENSUS 2010 - As you know Council Member Watford Issued a Challenge to beat the other 12 cities within the Treasure Coast Regional League of Cities for the highest percentage of return. Our City did not win, but we did improve our return percentage greatly and we were not in last place! Holidays - the next holiday the City observes is Labor Day, Monday, September 6. Records Management - Lane received a subpoena to appear in court in Desoto County for CAS v. City of Arcadia and take records of CAS engineering firm's presentation and work completed for the FEMA reimbursements. The judge dismissed all witnesses from other communities that were present. I have no idea what the outcome of the actual case is. ® We completed 17 records research requests in the last two weeks. Personnel - • Happy B-days will be going out to: Ofc Jack Boon 7/15, FF Mitch Brydebell 7/18, FF Brook Conway 7/24, Chief Smith 7/31, Council Member O'Connor & PB/BOA Member Terry Burroughs 8/5, CEB Member Jamie Gamiotea 8/7, Oscar Bermudez 8/10, and Disp Cesar Romero 8/14. • Happy Anniversaries will be going out to: Donnie & Jeannie Hagan 10 yrs 7/15, India & Bob Riedel 27 yrs 7/16, Pam & Sean Wilkerson 17 yrs 7/24, Patty & David Burnette 20 yrs 8/18, Alfred & Linda Fisher 40 yrs 8/21. • Jackie Dunham will be out of the office from August 11 to September 9 so we'll be a little short-handed for a month. Page 1 of 2 • Lane will be out of the office on Friday, July 30 and Monday, August 2 to chaperone a Youth Mission trip to the panhandle. Miscellaneous, FYI's & Pending Projects - ow Melisa and Lane have been asked to serve on the Florida Association of City Clerk's (FACC) Annual Conference Committee. This committee is tasked with creating a theme, slogan, logo, planning of meals, entertainment and getting sponsors for the annual conference. It will be held at the Caribe Royale in Orlando and will require us to be out of the office for various meetings. aw Lane has been asked by the incoming FACC President to Chair the Scholarships and Awards Committee for the 2010/11 year. Thankfully, this committee is conducted through emails and phone calls. But its quite an honor to be hand-picked by the president herself. ow The City received the Annual Proposed Budget for The Grove development. nr Creating a Committee to review the applications for the recipient of the Paragon Award. ow Revising the Employee Handbook (Personnel Policies and Procedures). Page 2 of 2 Betty J. Clement General Services Coordinator Activity Sheet Building Department - Independent Inspections, Ltd. Weeks of: May 29, 2010 through July 13, 2010 X Issued 49 building permits for this period. X 14 new BTR inspections scheduled, 4 completed inspections, 8 un-scheduled and 2 failed. X AMSA/ALF, The Heritage scheduled for completion June/July. X VNA/ALF, Grand Oaks progressing. X EOC building progressing with several passed inspections. X Shoppes on the Boardwalk opening each business as completed. Gladiator Boxing /Physical Fitness open ,an Arcade and dress shop will finish occupancy of the bays built. (both are in progress). X Received plans and permit for TD bank renovations, moving into the Riverside bank building. X Received plans and permit for Central bank moving into the vacated Movie Gallery. Zoning/Land Use/Special Exceptions/Variances Planning Board — Planning Board addressed the EARs in June, no meeting in July. Technical Review Committee — No scheduled meeting in June. General Services — Worked on budget for GS and PW Dept. Created new forms for Park(s) usage and Temp. Street Closings. Also familiarizing self with parade permits. Worked on spreadsheet for caparison building dept. fees, County vs. City. (County raised their building fees July 1, 2010) Temporary Use Permits — Issued 2 TUP for June, 1 grand re -opening for Buxton's and 1 fundraiser for More2Life at no charge. Bids — Only one open bid for Professional Auditing Services as mentioned above. Public Works Department — Assisting Donnie on e-mails, utility permits, payables, and citizen requests. OKEECHOBEE POLICE DEPARTMENT ROAD PATROL MONTHLY REPORT JUNE 2010 Sergeant Bernst and Officer Boon started Firearm's Instructor's training. Both will attend 5 Saturdays of school in Ft. Pierce at IRSC ending on July 24th. Officers performed traffic enforcement at several locations some based on resident traffic complaints: 400 Blk NW 9th Street, 500 Blk NW 9th Avenue, 600 Blk SE 8th Avenue, and Dean's Court after several complaints of drug activity reported to the Chief. Officers started working an off -duty security detail in May at Sheehan Pipeline located in the 1100 block of NW 9th Street. Officers cover this detail on Sundays from 6am to Monday 6am and longer on holiday weekends. Sheehan Pipeline pays the city for this detail. Flex Shift Officer covered the following dates saving the department overtime. Sat 6/5, 6/12, 6/19, Sgt Bernst and Ofc Boon in School Sat 6/26 Sgt. Wendt off. Mon 6/28 & Tue 6/29 Ofc Boon on vacation The department has increased patrols in Dean's Court to combat the on going drug problem the citizens are experiencing. We are attempting to assign and rotate an officer in the area every hour when complaints allow. The Department participated in the Click it or Ticket campaign that ran from the last week of May thru the first week of June. Ofc. Morgan was the top producer and received honors from the Florida Department of Transportation for his outstanding participation. ZY , .� 7''``0 r Written 7-8-2010 ➢ Bettye: ➢ 3 burglaries Dean's Court area ➢ 1 burglary Sunshine Coin Laundry 1 death Altobello ➢ 1 recovered show car and trailer- still missing the truck ➢ Crime Stoppers meeting Ft Pierce ➢ Michael Collins DUI -Man hearing — appears we won, waiting on paper from Judge ➢ Recovered stolen truck in Pahokee ➢ JP: ➢ On vacation ➢ 1 warrant ➢ 1 abuse ➢ 100217007 Corona Robbery -new lead with video appt for Friday 7-9-10 ➢ 100519005 Fraud -have developed pc for arest warrant -waiting on victim to return from Miami ➢ 100608006 Fraud -Riverside Bank- ongoing ➢ 100615009 Burglary- no new leads ➢ 100623020 Theft- victim wants to drop charges ➢ Patrol Rifle policy -first draft completed on 7-8-10. OPD Patrol Rifle Course already completed. Working w/ Sgt. Tarner on this. ➢ Bill ➢ Deceased person NW 11th Avenue — natural ➢ Several credit card fraud cases ➢ Several worthless check cases weekly ➢ Michael Collins DUI -Man hearing — appears we won, waiting on paper from Judge — do not have judgment as of 7/8/10 ➢ Several Hurricane related items on the OPD blog ➢ Processing lots of evidence ➢ Several abuses — child and/or elderly ➢ 1 internal theft @ Cowboys ➢ 2 Officers killed in the line of duty — Tampa PD ➢ Another stolen truck recovered in western Palm Beach County, this one was found in Belle Glade. ➢ 2 Aarrested on burglary in Deans Court — 1 adult — 1 juv — admissions