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2011-03-01
CITY OF OKEECHOBEE 5 `t b MARCH 1, 2011 REGULAR CITY COUNCIL MEETING AND WORKSHOP SUMMARY OF COUNCIL ACTION PAGE I OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: March 1, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 15, 2011 City Council Regular Meeting. Mayor Kirk called the March 1, 2011, Regular City Council Meeting to order at 6:05 p.m. In the absence of the Very Reverend Dr. Edward Weiss, the invocation was offered by Council Member Dowling Watford, Jr.; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Absent - Assistant Chief Douglas was in attendance Present Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action as revised for the February 15, 2011 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 Ew l MARCH 1, 2011- REGULAR MEETING - PAGE 2 OF 6 11AGENDA V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Motion to approve Okeechobee Utility Authority Board Member Appointments - City Clerk (Exhibit 1). B. Motion to approve Okeechobee Utility Authority Fourth Amendment to the Interlocal Agreement - City Attorney (Exhibit 2). I COUNCIL ACTION - DISCUSSION -VOTE Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New Business Item C Exhibit 3 was added. Council Member O'Connor moved to reappoint Steven D. Nelson to the Okeechobee Utility Authority Board as a Regular Member, term ending March 1, 2015; seconded by Council Member Watford. Council noted their appreciation for his willingness to serve. KIRK - YEA WATFORD - YEA VOTE MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to appoint Jeffrey Fadley to the Okeechobee Utility Authority Board as an Alternate Member, term ending March 1, 2013; seconded by Council Member Williams. Council noted their appreciation for his willingness to serve. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Maxwell remarked that the City should convey their expectations and periodically reinforce the City's interest to these board members. Okeechobee Utility Authority (OUA) Attorney Tom Conley presented the fourth amendment to the Interlocal Agreement as follows: 1). The definition of "Quorum" as set forth in Paragraph 1.1 of Article I -Certain Definitions -shall have the following meanings when used herein; (Proposed) Quorum shall mean three -fifths of the full membership of the Authority Board established by this Interlocal Agreement; (Existing) Quorum shall mean four -fifths of the full membership of the Authority Board. 2). Paragraph 4.2 of Article IV - Authority Board; (Proposed) The County shall appoint two members of the Authority Board and one alternate, which alternate may attend all meetings of the Authority Board and shall have the authority to vote in the absence of either of the two appointed members from the County. (Existing) The County shall appoint two members of the Authority Board and one alternate, which alternate may attend all meetings of the Authority Board and shall have the authority to vote in the absence of either of the two appointed members from the County; provided, however, that at least one of the appointments by the County E4 iy MARCH 1, 2011 - REGULAR MEETING - PAGE 3 OF 6 AGENDA VI. NEW BUSINESS CONTINUED. B. Motion to approve Okeechobee Utility Authority Fourth Amendment to the Interlocal Agreement continued. ITEM ADDED TO AGENDA. C. Motion to approve a Temporary Street Closing application submitted by First Baptist Church - City Clerk (Exhibit 3). COUNCIL ACTION - DISCUSSION - VOTE Continued from page 2. (either the member to the Authority Board or the alternate) must be a resident of the area currently within the Service Area of Okeechobee Beach Water Association. 3). Paragraph 4.9 of Article IV - Authority Board; (Proposed) Authority Board Members shall serve with compensation established from time to time by said Authority Board and shall be reimbursed for per diem and travel expenses as provided in Section 112.061, F.S. (Existing) Authority Board members shall serve without compensation, but shall be reimbursed for per diem and travel expenses as provided in Section 112.061, F.S. 4). Paragraph 4.10 of Article IV -Authority Board (Proposed) is deleted. (Existing) proposed to be deleted. Except as provided in Section 4.4 above, all decisions of the Authority Board shall require a four -fifths majority vote of the entire Board Membership. Following a lengthy discussion, the consensus of the Council was to change paragraph 4.2 to eliminate the restriction. However, they were not comfortable with deleting the four -fifths voting requirement nor changing the quorum definition at this time. Council Member Watford moved to approve only paragraph 4.2 of Article IV - Authority Board, of the Okeechobee Utility Authority Fourth Amendment to the Interlocal Agreement; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve a Temporary Street Closing Application submitted by First Baptist Church to temporarily close a portion of Southwest 41h Street, between Southwest 51h and 61h Avenues on Saturday, March 5h from noon until 4 p.m., for the Annual Upwards Awards Ceremony; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. RECESS REGULAR MEETING AND OPEN WORKSHOP - Mayor. 111 MAYOR KIRK RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP AT 6:40 P.M. 5 V / MARCH 1, 2011- REGULAR MEETING - PAGE 4 OF 6 1 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. WORKSHOP CONTINUED. A. Commerce Center business solicitation and economic incentives along with possibly engaging the Business Development Board in marketing efforts - Council Member Maxwell. B. Encouraging commercial development, particularly in vacant area in the commercial corridor and across from the Post Office, for example - Council Member Maxwell. Council Member Maxwell began the discussion regarding the City Commerce Center and asked whether it would be of interest for further development? The City owns six lots that can be a tool for business expansion and growth in the area. There are several incentive avenues such as the municipal public service tax exemption, the economic development ad valorem tax exemption, the business tax exemption, local impact fee abatement or reduction, or low interest or interest free loans or grants that may be offered to businesses to encourage the revitalization of the area. Attorney Cook suggested that it be investigated whether the land which was set aside for water conversation is still necessary for that purpose. This would give the City more acreage to offer for potential development. Mr. Brian Cartland of the Business Development Board was present along with Mr. J. D. Mixon and presented a rough draft of the "Okeechobee Commerce Center Land Acquisition and Site Development Guide." This guide was designed to assist those wanting to acquire land for development at the Commerce Center with a step by step process. It was noted that this guide at the point of adoption would be listed on the City's website along with the Business Development Board and the Board of Realtors web sites to help promote development for the community and the Commerce Center. There was a brief discussion regarding large tracts of land that remain undeveloped. The area along North Park Street East (State Road 70), across from the Post Office, is of special interest for its proximity to the Commerce Center. It is zoned for commercial which has good bargaining potential for development. It would be beneficial for this area of development and an added attraction for the development of Northeast 121h Avenue, to route traffic from North Park Street East through the Commerce Centeronto North Parott Avenue (US Highway 441). The Council noted that would be a good growth potential for the future. C. Landscaping, including recent curbed area, engaging Main Street Council Member Maxwell began the discussion wanting clarification of the plans for the medians. Administrator assistance and revisiting the Adopt -A -Median Program - Council Whitehall explained that the City has been in receipt of donors for trees and plants, but would like to incorporate a Member Maxwell. more professional landscape plan within monetary reason. The Gas Tax Funds can be designated for this use to some extent. Maureen Burroughs, President of Okeechobee Main Street (OKMS), explained to Council that the Adopt a Median Project was underway, and the Design Committee Chairperson has expertise in landscaping and is knowledgeable with the Florida Department of Transportation requirements. OKMS would like to assist the City in designing a median adoption policy. 5 5v MARCH 1, 2011- REGULAR MEETING - PAGE 5 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE JI VII. WORKSHOP CONTINUED. C. Landscaping, including recent curbed area, engaging Main Street assistance and revisiting the Adopt -A -Median Program continued. D. CSX former railroad depot - Council Member Watford. E. Impact fee and mitigation possibilities - Council Member O'Connor VIII. ADJOURN WORKSHOP AND RECONVENE IN REGULAR SESSION - Mayor. Mr. Hoot Worley, representing the Economic Council, stated that it is imperative that we create an appealing and welcoming environment to attract families and businesses to our area, and landscaping is a good start. Council Member Watford reviewed the progress of restoring the historical train depot as being non -productive, and now the new train kiosk constructed by Amtrak is completed. It was discussed that CSX wants to demolish the building, and has been unresponsive for any contact or correspondences. The only time responses were received from CSX was with the assistance from State Representative Mike Horner. Maureen Burroughs, President of OKMS, reminded the Council that the community was very interested in the preservation of the depot, and there was a list of volunteers. The new Amtrak kiosk might be an added benefit for the cause since the structure eliminates some of the obstacles noted by CSX. General Contractor, Mr. Elbert Batton, stated that he would still be willing to donate his time as the construction manager for the project. He would like to see the building restored and found it to be structurally sound. The majority of the Council agreed this was a project worth pursuing. Council Member O'Connor requested the Council re -consider a one year moratorium on impact fees to stimulate the economy. It would be our chance to take the lead and then the County may also follow suit. Administrator Whitehall reminded the Council of their reluctance for imposing the fees in the beginning, it was not an easy decision, and passing this moratorium may not prove to be successful or beneficial. The Mitigation Program, which was proposed at the January 5, 2010 City Council meeting, by the OKMS Economic Restructuring Committee, currently the Business Development Board, may be another alternative. At that meeting the Council noted that there were some good ideas and should the logistics be worked out, it would be a better alternative than completely suspending the fees. Mayor Kirk made it clear that should the City participate, the County would have to as well, since, for example on commercial assessments, 92 percent of the impact fee is imposed by the County. Mr. Terry Burroughs advised that he will be appearing before the Board of County Commissioners to request a moratorium. MAYOR KIRK ADJOURNED THE WORKSHOP AND RECONVENED IN REGULAR SESSION AT 8:02 P.M. 1 I AGENDA-, F COUNCIL ACTION - DISCUSSION - VOTE VIII. ADJOURN WORKSHOP AND RECONVENE IN REGULAR SESSION CONTINUED. A. Discuss action items from workshop. Commerce Center. The Council directed Administrator Whitehall to meet with the Business Development Board to review the proposed Okeechobee Commerce Center Land Acquisition and Site Development Guide for the Commerce Center to be certain that it coordinates with the adopted Deed restrictions and Land Development Regulations. A final draft is to be presented back to the Council. Adopt a Median. The Council instructed Administrator Whitehall to collaborate with OKMS in preparing an Adopt -A - Median Program for the Council to implementing. consider Train Depot. The Council directed Administrator Whitehall to proceed with the preservation of the Historical Train Depot, by soliciting organizations and the community,and to contact Amtrak CSX, State Representative Horner and any other elected officials. Impact Fees. The Council asked for Administrator Whitehall to bring back for consideration the Mitigation Impact Plan to be reviewed along with financial data to show what purchases are paid by impact fees and future purchases. IX. ADJOURN MEETING. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 8:08 p.m. The next regular scheduled meeting is March 15, 2011 at 6:00 p.m. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. AT T: James E. Kirk, Mayor cnivL' JCMd-, Lane Gamiotea, City Clerk CITY OF OKEECHOBEE MARCH 1, 2011 REGULAR CITY COUNCIL MEE ING & WORKSHOP HANDWRITTEN MINUTES - Aarm dimzb 0- 1. CALL TO ORDER - Mayors_: March 1, 2011, City Council Regular Meeting, at b-Ofs P.M. II. OPENING CEREMONIES: Invocation given by the ther Edward Weiss of the Church of Our Saviour; Pledge of Allegiance led by Mayor i, ih�Y_ . III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - PVLL��ivuL. Council Member Devin Maxwell - Pfu� Council Member Mike O'Connor - P hk�L-e x Council Member Dowling R. Watford, Jr. - PV,a,t Kk Council Member Clayton Williams - Pvlt City Administrator Brian Whitehall - City Attorney John R. Cook - PNe- ,,,A -- City Clerk Lane Gamiotea - RV &C-y,-A Deputy Clerk Melisa Jahner - PIvt,,-cry t Police Chief Denny Davis - Fire Chief Chief Herb Smith - Cj,1 - n-� - k)a(r 1 �u c2t� wee Public Works Director Donnie Robertson - pt a,u-at IV. MINUTES - City Clerk A. Council Member W.- moved to dispense with the reading and approve the Summary of Council Action for the February 15, 2011 Regular Meeting; seconded by Council Member 1. KIRK - YEA MAXWELL - YEA O'CONNOR—Y-FA WATFORD - YEA WILLIAMS - YEA OTION CARRIED ---------------- V. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? I 1 ,, r, _ VI. NEW BUSINESS. A. Motion to approve Okeechobee Utility Authority Board Member Appointments - City Clerk (Exhibit 1). Council Member_ moved to reappoint Steven D. Nelson to the OUA board, as a qtdao member, term ending (`f aO)1 I DO ; seconded by Council Member i 1 _.Dw (L W-) �t Q fa 4 IAt • u J �j QACA N4ft- VOTE C0 h k % 611&649 ((W, Oi1� KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTi01N�ARRtE91, Council Member moved to appoint Jeffrey Fadley to the OUA board, as a member, term ending a+ I I �) ' ' seconded by Council Member OtO VOTE KIRK - YEA MAXWELL - YEA _ ' OR - YEA WATFORD - YEA WILLIAMS - YEA OTION CARR B. Council Member l�moved to approve the OUA`4" Amendment•to the Interlocla Agreement -City Attorney (Exhibit 2); seconded by Council Member Pi --- its S -- PN)l nbnn ,s k�'i i1^lkrrir. `40!MrinAdn (ono iiu' T)r/rl Wi/ Oe"C;4 -Q VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTIO CAARRi� . It (fIC16 �--4 a� haldilt., 4Tt �7nu k OK 4c, hza-d Y/v 6t _El. b C-1 G -Yt � � � Gu- C� J c too pc'14 IM Q4 A-V do d 4!)JLv "X OR-( 'b Cl 111YO (��o( Mae " 'b"(z '/ p�e�'6"L) k�j-e n�) J�- yu, abal III-vm 6� 0&1 (Lot cif-12-aw- C�atb' P&d 4e IWO d C( - Aw (yet (1019m) At vAi (atmz-cy Oje-�'� cie"-AJ /)CI-vt qAvjuqju AV pL I�.i jrl- fie. a- 1 t.t OJU � VY-L - aye j wcr) �� L I E;16-- 4c � i Dm tjc, w 0- f)(OC&quz --(b �LCA-L VII. MAYOR KIRK ADJOURNED THE REGULAR MEETING AND OPEN WORKSHOP AT P.M. A. Commerce Park business solicitation and economic incentives along with possibly engaging the Business Development Board in lm(arketing efforts - Council Member Maxwell t.n /Yu;✓i"ZA t-M®rnnn 1/n I-)0I i-/r, ren-ft�._ , (LIP, io Xr/y /Wlwl. AOdd y y a l/4'to A& /J%)j Qi k) . �A o 1 ali l t /Z 2, 111t C jDr-& f1Q LE02C, ft at ( Un ) S-3zn 0 -1� can � / n o b(t Vn19a n104 1 1 Lcr> A--Ck49 dwxo . -xd /I tkD o a (0Att_ .J-).c100 GlM rr" --f 5) 4P CIPu C,4aj 4 o . I (-n i( ) 0i 14 " �W;(-44 ; t , u Jali>-�3 iw-u ""ak, e-vw�ccte C(Dt�� ULU/ Lu (-"&J 1\ dtiv,�V, (-,Ccq, oJ? p'log-Lj C6� + t P� � L, at UL !Ccvj wAc) i 1"iC. �c� .- �G�ca irk , B. Encouraging commercial development, particularly in vacant area in the commercial corridor and across from the Post Office, for example - Council Member Maxwell. kT-V- ( kit) o 01_� C r,(_dt fL' (-L j ova . r,"k . {-Z-' C. Landscaping, including recent curbed area, engaging Main Street assistance and revisiting the Adopt -A - Median Program - Council Member Maxwell. J-, 1,, J A '11-1 i i 'livd ('kA P (- I V F1 [A (1) /IU 11\ t I [A 0 [M 0 rah f t) /,I./) /-O"V /V 1-1,44 lxr�(('d /)I rL4 LIdAOQO MV 0 9 )LkfhAJ 6-11U-k' 1 4 —,1 AAY' ikal'k, 4-L (�W 01-M L)J- �Ly!- D. CSX former railroad depot - Council Member Watford. the (sci ' VA i e t 1 hcaca, en LO (���� � Tfu�' (AcC moo(, ��5 a� �c c �� i 141 pi"AhL4 r? lu LI M 7 / )o y 1wrw (46'lalvd OA;, n ? N Ir - r �t u —lid Oda. A cl (-),I/)!3 /Vn, 1, v �-;,a h%i I/, mr" if g, 4(),4- ,V 0 Y OrYY -P d 1 A vqI E. Impact fee and mitigation possibilities - Council Member O'Connor. L�-j 1--,I I ul (Lu.L U YI( �=i f V 11 V-UU--kA-v UD rc 14 1,A Al� Al f -Att4 g; v hrod ,i) rf'! 4 A ul', in e n, I ru i AL III k, Y h N I,, I/ r/ .,w-a- a -a I*n.-),j (/7kj EN -'7 c A coyd- (6vLt dt,6 cc Jafk,* Ou 60- m4J VIII. MAYOR KIRK ADJOURNED WORKSHOP AND RECONVENE IN REGULAR SESSION AT P.M. A. Discuss action items from workshop. n,r N t, Or, n It _ - WiN tA,., A Q f iJ 47) 0111AVJ 0- ,W11 ,&nrl nrilh,.- }� v �� — rn ; a , r r1 , �,� n� r ., `� M nl it ��r 0 f'" 01- j � " VI (o M ill', IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor adjourned the meeting at�p.m. The next meeting will be March_. 2011 at 6:00 p.m. CITY OF OKEECHOBEE MARCH 1, 2011 REGULAR CITY COUNCIL MEETING & WORKSHOP HANDWRITTEN MINUTES - ' �- a I. CALL TO ORDER - Mayor March 1, 2011, City Council Regular Meeting, at II. OPENING CEREMONIES: k Invocation given b , � Pledge of Allegiance led by Mayor . III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - / Council Member Devin Maxwell - V- Council Member Mike O'Connor - 1/ Council Member Dowling R. Watford, Jr. - k--" Council Member Clayton Williams - City Administrator Brian Whitehall - City Attorney John R. Cook - a/ City Clerk Lane Gamiotea - +/ Deputy Clerk Melisa Jahner - Police Chief Denny Davis - Fire Chief Herb Smith - ,C�' %t Public Works Director Donnie R�rtson - IV. MINUTES - City Clerk A. Council Membef moved to dispense with the reading and approve the Summary of Council Action for the February 15, 2 11 Regular Meeting; seconded by Council Member. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA TION CARRIED. V. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? CD� VI. NEW BUSINESS. A. Motion to approve Okeechobee Utility Authority Board Member Appointments - City Clerk (Exhibit 1). Council Member 6 moved to reappoint Steven D. Nelson to the 0�Abo,ard, as a S ° . �� member, term ending S— ; seconded by Council Member ,� � 1" Pee TE KIRK - YEA MAXWELL - YEA O'CO - YEA W40 WATFORD - YEA WILLIAMS - YEA MOTION CARREW 60h4 , (9 D L'.' Council Member `:Tv to appoint Jeffrey Fadley to the OUA' lboard, as a member, term ending ; seconded by Council Member L� �- %'L��� .. )t ""- VOTE /�� KIRK - MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA O�TIONN CARRI B. Council Member moved to approve the OUA 4" Amendment to the Interl la greement - City l Attorney (Exhibit 2); seconded by Council Member t l vo n ? l��i y /'/ a) KIRK - YEA MAXWELL - YEA ' WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. J l..P �'�z�-�CJ .�/JJ /,✓' � C f/J y �� 1�U` �71C ��,.e�� 4-- F,6c, I VII. MAYOR KIRK ADJOURNED THE REGULAR MEETING AND OPEN WORKSHOP AT P.M. A. Commerce Park business solicitation and economic incentives along with possibly engaging the Business Development Board in marketing efforts - Council Member Maxwell _ - �� kad i 67 1x� Ld r B. Encouraging commercial development, particularly in vacant area in the commercial corridor and across from the Post Office, for example - Council Member Maxwell. - OIL L am , a i4 ' /y , a-P,P-u f U v �l C. Landscaping, including recent curbed area, engaging Main Street assistance and revisiting the Adopt -A - Median Program - Council Member Maxwell. ro 66 a�. sf-- 6 & �WA A- D. CSX former railroad depot - Council Member Watford. t lei e-, I 0 S A-,kwey, L f� J 4T Xf14 tt, E. Impact fee and mitigation possibilities - Council Member O'Connor. v z? wy tc� L r- v k�ljo C /a H L "L,4� roc ti-��X �e7 s C �,� VIII. MAYOR KIRK ADJOURNED WORKSHOP AND RECONVENE IN REGULAR SESSION AT �P.M. A. Discuss action items from workshop. lac 1 c' / k ,�6' 1 e l ✓)2c �zJ 2�0 IX. ADJOURN MEETING - Mayor. c. 4 There being no further items on the agenda, Mayor-( - adjourned the meeting at jOkp.m. The next meeting will be March . 2011 at 6:00 p.m. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING AND CITY COUNCIL WORKSHOP OFFICIAL AGENDA MARCH 1, 2011 PAGE 10F 2 CALL TO ORDER - Mayor: March 1, 2011, City Council Regular Meeting and City Council Workshop, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 15, 2011 City Council Regular Meeting. MARCH 1, 2011 PAGE 2 OF 2 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Motion to approve Okeechobee Utility Authority Board Member Appointments - City Clerk (Exhibit 1). B. Motion to approve Okeechobee Utility Authority Fourth Amendment to the Interlocal Agreement - City Attorney (Exhibit 2). VII. ADJOURN REGULAR MEETING AND OPEN WORKSHOP - Mayor. A. Commerce Park business solicitation and economic incentives along with possibly engaging the Business Development Board in marketing efforts - Council Member Maxwell B. Encouraging commercial development, particularly in vacant area in the commercial corridor and across from the Post Office, forexample - Council Member Maxwell. C. Landscaping, including recent curbed area, engaging Main Street assistance and revisiting the Adopt -A -Median Program - Council Member Maxwell. D. CSX former railroad depot - Council Member Watford. E. Impact fee and mitigation possibilities - Council Member O'Connor. VIII. ADJOURN WORKSHOP AND RECONVENE IN REGULAR SESSION - Mayor. A. Discuss action items from workshop. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. NDEPENE NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher 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_ =, �i�'-✓11� ��' - = — _--- . in the matter ofi'``__`_ 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. -�'- - - -e=.-- ; -- --- --- --TorByrd - Sworn to and subscribed before me this -day of ,__.....��= I_ -'�e-. AD Notary Public, State of Florida at Large r f, NOTARY PUBLIC.STATE OF FLORIDA Angie Bridges :Commission # DD779718 -;' , 4 Expires: APR. 20, 2012 BONDED THpU ATLAtMC BONDING CO., INC. CITY COUNCIL MEETING NOTICE (863) 763-3134 NOTICE IS HERESY GIVEN that the City Council of me City of Okee- cFrobee will meet in Re9utar Session on Tuesday, March 1, 2011, at 6:00 p.m., at City Hall, 55 E 3rd Ave, Rm 200, Okeechobee, Florida. The public is 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, Accordmgty, any rson who may seek to appeal any decision involving the matters no- hcedpherem will be responsible for making a verbatim record of the testimo- ny and evidence at sand meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website wvev cilvofokeedwbeg 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 Participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: James E. Kirk, Mayor Lane Gamtotea, CMC, City Clerk 379711 ON 2/25/2011 — __ 1I///Nviiy TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk , SUBJECT: Modified minutes pages 6 and 7 (February 15, 2011 DATE: March 1, 1011 Upon a final review of the proposed February 15, 2011 minutes, I would like to submit a revised page six and seven, attached herewith, and asked that when you approve the minutes that the motion reflect the REVISED February 15, 2011 minutes. Proposed Changes: ✓ Page 6 of 9, Item H, first paragraph, delete the fourth sentence "Administrator Whitehall recommended the City notify them that the contract will be terminated as of March 7, 2011." ✓ Page 7 of 9, Item H, first paragraph, first two sentences now read, "Administrator Whitehall is recommending the Council enter into contractual services with Ray Schaub Inspection Services. A proposed contract was included in Exhibit Five, outlining compensation to be $5,000.00 per month plus 65 percent of all permit fees collected, in the same month, which exceeds $6,000.00 per month." Add the last line to read: "The contract with Ray Schaub Inspection Services will begin effective March 7, 2011." Thank you for your consideration, I believe these changes better reflect the summary of action. FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 6 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. G. Consider a Request for a Fine Reduction/Release of Lien for Code Mr. Leon Thomas appeared before the Council and explained that Ulysses Thomas who signed for the letters was his Enforcement Case No. 10-066, Leon and Ulysses Thomas brother. His brother did not tell him about the letters, it was not until he read the letter from 1/21/2011 that he was continued. made aware of the situation and he had the vehicle moved immediately. The vehicle belongs to his nephew who has been incarcerated. Mr. L. Thomas apologized for this situation, stating he took full responsibility. The Council discussed the matter, and whether there was a recommendation from the Code Board? Attorney Cook advised that there was not a recommendation from the Board as the matter was withdrawn from their agenda by him. Council Member Williams moved to approve the request for a Fine Reduction/Release of Lien for Code Enforcement Case No.10.066, Leon and Ulysses Thomas at 911 Northwest 10th Street from $2,350.00 to $100 plus a $25.00 administrative fee and court costs; seconded by Council Member O'Connor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook asked for clarification whether the Council wanted a recommendation from the Code Enforcement Board on reduction of fines in the future? Mayor Kirk responded yes. The Code Board knows the entire situation with the cases and the Council needs to know what their recommendations are prior to taking action. H. Motion to approve a contract for Building Inspection Services with The City currently has a contract with Independent Inspections, LLC (III-) to administer the City's building official and Ray Schaub Inspection Services - City Administrator (Exhibit 5). inspection services. The City received a letter dated January 21, 2011 from IIL President, Thomas DeLacy giving official notice that they are exercising their 60-day notice of contract termination. In order for the City to continue the contract, the City would have to agree to reduce the number of hours and work days of the building official (Mr. Ray Schaub) and increase the permit fees. This now leaves the City with two options, keeping in mind that the City would like to be more customer oriented, with more hours available and possibly save money along with making a smooth transition. Either hire a building official as City employee or examine other contractual arrangements. The average annual salary for a building official for a city our size is $60,000.00, then add benefits as well as a vehicle, gas and maintenance together with related expenses, and the cost is closer to $100,000.00 per year. Last year the City received approximately $111,352.00 in building permit fees of which II-LLC captured $94,650.00. FEBRUARY 15, 2011 - REGULAR MEETING - PAGE 7 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. H. Motion to approve a contract for Building Inspection Services with Administrator Whitehall is recommending the Council enter into contractual services with Ray Schaub Inspection Ray Schaub Inspection Services continued. Services. A proposed contract was included in Exhibit Five, outlining compensation to be $5,000.00 per month plus 65 percent of all permit fees collected, in the same month, which exceeds $6,000.00 per month. Mr. Schaub will be required to work four days per week. In this fashion the City will have the least transition trauma, have a building official working more hours and the City will take a higher share of the fees, especially during extraordinary activity months. The City's cost exposure is most prevalent during a slow year, where Mr. Schaub will be getting a base pay and the City may not be receiving adequate funds to cover his base. It is less exposure than an employee. Distributed prior to the meeting, Attorney Cook noted changes to the proposed contract and that Mr. Schaub has reviewed and agreed to the changes. Council Member Watford moved to approve a contract for Building Inspection Services with Ray Schaub Inspection Services as presented in Exhibit Five; seconded by Council Member O'Connor. Council noted the changes suggested by Attorney Cook were not included in the proposed contract contained in Exhibit Five, therefore Council Member Watford moved to amend the motion to approve a contract for Building Inspection Services with Ray Schaub Inspection Services as presented in Exhibit Five to add the appropriate changes as presented in memorandum by Attorney Cook and changing paragraph four that termination by notice be from 60 to 90 days and that the contract is renewable on an annual Fiscal Year basis; seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mayor Kirk asked whether there was any further discussion? Council Member Maxwell noted that he was in favor of bringing the building official in house. He hoped this was only a temporary solution and eventually a full-time building official could be hired. Council Member Watford thanked Mr. Schaub for his willingness to work with the City and the public. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. The contract with Ray Schaub Inspection Services will begin effective March 7, 2011. EXHIBIT 1 MAR 1, 2011 MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, City Clerk 4� Subject: OUA Board Member Appointment Date: February 24, 2011 There is a vacant position on the OUA Board, and we have received one application to date. (Application is attached). Also, Steve Nelson's term is up for reappointment and he has advised he will be willing to continue service. The OUA has forwarded attendance records from the past few years for your review. A motion would be in order to approve a regular member term ending March 1, 2015. A motion would be in order to approve an alternate member, term ending March 1, 2013. Should you have any questions, or require additional information, please do not hesitate to contact me. 55 Southeast r Avenue * Okeechobee * Florida * 34974 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. ✓CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES tL TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. D Planning Board - Board of Adjustment & Appeals - Design Review Board 0 Code Enforcement Board Okeechobee Utility Authority Board of Directors ❑ General Employees & OUA Pension Fund Trustee's ❑ Other. APPLICANTS FULL NAME: Y NAME COMMONLY USED: RESIDENCE ADDRESS:c4le e e �- HOW LONG AT ADDRESS: Years Is this in the City Limits? Oyes QNo MAILING ADDRESS: Q G r HOME TELEPHONE: CELL/OTHER TELEPHONE: (P 3 % 3 CURRENT EMPLOYER & OCCUPATION: r r I` Ct J9 . .f-t BUSINESS ADDRESS: WORK TELEPHONE: 7(o 7 3 FAX NUMBER(S): DATE OF BIRTH: /9 �-` ( c( ARE YOU A US CITIZEN? t4Yes ❑No, explain: FLORIDA REGISTERED VOTER? es County Registered in: LINo EDUCATION: High School Name & Location: o CGG 4roG e C 4,-.4 Year Graduated: POST SECONDARY EDUCATION: NAME & LOCATION: / DATES ATTENDED: CERTIF)CATEIDEGREE REVD: MILITARY SERVICE: DATES: BRANCH: DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS: (D (✓ALL THAT APPLY) OGeneral Contractor 013usiness Person DArchitect gEngineer ❑Sub -Contractor EIRealtor lzttomey ODoctor USurveyor OLay Person ❑Urban Planner OLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU�URRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? RYES ONO IF YES, LIST: AGENCY BOARD NAME POSITION DATES �I eA l �l 4✓/ S, 4Id I4 G41�1- STATEYOUREXPERIENCESANDINTERESTSORELEMENT OF YOUR PERSONAL HISTORYTHAT QUALIFY YOU FOR THIS APPOINTMENT. -/ A - reJ, �1 B� 4A 6e �- � .� �� / 41A"I /0- Ofie e c/,Vo e HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAkCERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES ONO. IF YES, LIST: /4,4� ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES O IFYES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSALJDF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES IVNO IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORZ ANNUALLY WITH THE STATE? & 14, r- HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORI A STATUTES CHAPTER 112, PART III 'CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES NO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: 1 SEX. 7CAUCASIAN ALE OFEMALE ETHNIC GROUP: OBLACK OSPANISH HERITAGE EINATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): /ALL THAT APPLY: OWARTIME PERIOD VETERAN ODISABLED VETERAN CIVIETNAM VETERAN HANDICAPPED STATUS: OYES ONO IF YES, WHAT IS THE HANDICAP? ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE ® OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FRO��j�PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? OYES ONO DESCRIBE ANY SKILLSAND BACKGROUND INFORMATION ABOUTYOURSELFTHATWOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk_ CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. l hereby acknowledge that I have read and understand Bach of the above statements. Signature of ©The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." ®Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.I. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3ftD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. - BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: OUA Board Attendance - 2008 city 8-Jan 12-Feb 11-Mar 8-Apr 13-Ma 10-Jun 8-Jul 12-Au 26-Au 23-Se 14-Oct 18-Nov 9-Dec Steve Nelson Frank Irby Devin Maxwell County P A P P P A P A P A A P P ** P P P P P** A A P A P P A P P P P P P** P P P P P P P P Carl Leonard Elder Sumner Eddie Trent Glades P P P P P P P P P P P P P P P P P P A A P P P A P P P* P P P P P P P P** P P P P Melanie Anderson Harry Moldenhauerl P P P P P I P P P P A P P P P I P P P I P I P I P P P A P P P Arrived Late Left Early ** Present P Absent A Sheet 1 of 3 OUA Board Attendance - 2009 city 13-Jan 10-Feb 10-Mar 14-A r 12-Ma 9-Jun 14-Jul 11-Au Ise B-Se 22-Se 24Se 13Oct 10-Nov 8-Dec Steve Nelson Frank Irby Devin Maxwell County P** P** P A A A P P P* P*/** P A A P A P P P P P P P A P P P P P P P P P P** P P P P* P P P A P P P P Carl Leonard Thomas Hoover Rick Jordan Glades P A P P P P P P P P P P P P A N/A N/A P P P. P P* P* P* P* P* P* P P* P N/A N/A P P P P P A P P P P P P P Melanie Anderson Harry Moldenhauer P P P P P A P P A P P P A A A P P P P P P P P P P P P P P P Arrived Late Left Early *' Present P Absent A Sheet 2 of 3 OUA Board Attendance - 2010 city 12-Jan 9-Feb 9-Mar 13-A r 11-Ma 24-Ma 8-Jun 13-Jul 28.Jul 10-Au 24-Au 14-Se 12-Oct 9-Nov 14-Dec Steve Nelson Frank Irby Devin Maxwell County P* P P** A P P* A A A P*/** P* P** P* P P A P P P P* P P P P P P P P A P P P* P P P* A A P A P P P P P N/A Carl Leonard Thomas Hoover Rick Jordan Glades P P A P P P P A P P P P P A A P P* P P* A P P P P P P* P P* P P A P P P P P A P P P P P P P A Melanie Anderson Harry Moldenhauer A P P** P A P P P P A P P A P P P P P A P P P P P A P P P P** P Arrived Late Left Early *" Present P Absent A Sheet 3 of 3 A,,Ar'1kjj a-4 sitl;ztt wmL-V (Rto 1 jZt� M �i�M C O hi e FOURTH AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE OKEECHOBEE UTILITY AUTHORITY BETWEEN OKEECHOBEE COUNTY AND THE CITY OF OKEECHOBEE, FLORIDA THIS FOURTHAMENDMENT TO INTERLOCAL AGREEMENT, made andenteredinto this day of , 2011, by and between the Board of County Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City." WITNESSETH: WHEREAS, the County and the City previously entered into that certain Interlocal Agreement dated November 10, 1994 and recorded in Official Records Book (ORB) 360 at page 1684, public records of Okeechobee County, Florida; and WHEREAS, the County and the City previously entered into that First Amendment to Interlocal Agreement dated April 10, 1997 and recorded in ORB 610 at page 65, public records of Okeechobee County, Florida; and WHEREAS, the County and the City previously entered into that Second Amendment to Interlocal Agreement dated January 5, 1999 and recorded in ORB 610 at page 67, public records of Okeechobee County, Florida; and WHEREAS, the County and the City previously entered into that Third Amendment to Interlocal Agreement dated March 8, 2007 and recorded in ORB 625 at page 1268, public records of Okeechobee County, Florida; and WHEREAS, the Okeechobee Utility Authority has requested the County and the City to further amend said Interlocal Agreement. NOW, THEREFORE, for and inconsideration of the premises and mutual agreements hereinafter contained herein and other good, valuable and sufficient consideration, the County and the City hereby agree that said Interlocal Agreement is amended as follows: 1 1. The definition of "Quorum" as set forth in Paragraph 1.1 of Article I - CERTAIN DEFINITIONS - shall have the following meanings when used herein: Quorum: "Quorum" shall mean three -fifths of the full membership of the Authority Board established by this Interlocal Agreement. 2. Paragraph 4.2 of Article IV - AUTHORITY BOARD: 4.2. The County shall appoint two (2) members of the Authority Board and one alternate, which alternate may attend all meetings of the Authority Board and shall have the authority to vote in the absence of either of the two (2) appointed members from the County. 3. Paragraph 4.10 of Article IV - AUTHORITY BOARD - is deleted. AFFIRMATION The County hereby affirms that, at a duly constituted meeting of the Board of County Commissioners of Okeechobee County, Florida, on the day of , 2011, it approved the terms of this Fourth Amendment to Interlocal Agreement and the execution thereof by the County. BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA M. ATTEST: Clerk 0a Chairman The City hereby affirms that, at a duly constituted meeting of the City Council of the City of Okeechobee, Florida, on the day of , 2011, it approved the terms of this Fourth Amendment to Interlocal Agreement and the execution thereof by the City. ATTEST: By City Clerk CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA Mayor L)U11BIT 2 Max 1, 2011 FOURTH AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE OKEECHOBEE UTILITY AUTHORITY BETWEEN OKEECHOBEE COUNTY AND THE CITY OF OKEECHOBEE, FLORIDA THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT, made and entered into this day of , 2011, by and between the Board of County Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City." WITNESSETH: WHEREAS, the County and the City previously entered into that certain Interlocal Agreement dated November 10, 1994 and recorded in Official Records Book (ORB) 360 at page 1684, public records of Okeechobee County, Florida; and WHEREAS, the County and the City previously entered into that First Amendment to Interlocal Agreement dated April 10, 1997 and recorded in ORB 610 at page 65, public records of Okeechobee County, Florida; and WHEREAS, the County and the City previously entered into that Second Amendment to Interlocal Agreement dated January 5, 1999 and recorded in ORB 610 at page 67, public records of Okeechobee County, Florida; and WHEREAS, the County and the City previously entered into that Third Amendment to Interlocal Agreement dated March 8, 2007 and recorded in ORB 625 at page 1268, public records of Okeechobee County, Florida; and WHEREAS, the Okeechobee Utility Authority has requested the County and the City to further amend said Interlocal Agreement. NOW, THEREFORE, for and inconsideration of the premises and mutual agreements hereinafter contained herein and other good, valuable and sufficient consideration, the County and the City hereby agree that said Interlocal Agreement is amended as follows: 1 1. The definition of "Quorum" as set forth in Paragraph 1.1 of Article I - CERTAIN DEFINITIONS - shall have the following meanings when used herein: uorum: "Quorum" shall mean three -fifths of the full membership of the Authority Board established by this Interlocal Agreement. 2. Paragraph 4.2 of Article IV - AUTHORITY BOARD: 4.2. The County shall appoint two (2) members of the Authority Board and one alternate, which alternate may attend all meetings of the Authority Board and shall have the authority to vote in the absence of either of the two (2) appointed members from the County. 3. Paragraph 4.9 of Article IV - AUTHORITY BOARD: 4.9 Authority Board Members shall serve with compensation established from time to time by said Authority Board and shall be reimbursed for per diem and travel expenses as provided in Section 112.061, Florida Statutes. 4. Paragraph 4.10 of Article IV - AUTHORITY BOARD - is deleted. AFFIRMATION The County hereby affirms that, at a duly constituted meeting of the Board of County Commissioners of Okeechobee County, Florida, on the day of , 2011, it approved the terms of this Fourth Amendment to Interlocal Agreement and the execution thereof by the County. BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA IC A ATTEST: By Clerk 2 Chairman The City hereby affirms that, at a duly constituted meeting of the City Council of the City of Okeechobee, Florida, on the day of , 2011, it approved the terms of this Fourth Amendment to Interlocal Agreement and the execution thereof by the City. ATTEST: La-Z City Clerk CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA Mayor OUA requested modifications for March 1, 2011 Okeechobee City Council meeting 1. The definition of "Quorum" as set forth in Paragraph 1.1 of Article I — CERTAIN DEFINITIONS — shall have the following meanings when used herein: Existing: Quorum: `Quorum' shall mean four -fifths of the full membership of the Authority Board established by this Interlocal Agreement. Proposed: Quorum: "Quorum" shall mean three -fifths of the full membership of the Authority Board established by this Interlocal Agreement. 2. Paragraph 4.2 of Article IV — AUTHORITY BOARD: Existing: Proposed: The County shall appoint two (2) members of the Authority Board and one alternate, which alternate may attend all meetings of the Authority Board and shall have the authority to vote in the absence of either of the two (2) appointed members form the County; provided, however, that at least one of the appointments by the County (either the member to the Authority Board or the alternate) must be a resident of the area currently within the Service Area of OBWA. The County shall appoint two (2) members of the Authority Board and one alternate, which alternate may attend all meetings of the Authority Board and shall have the authority to vote in the absence of either of the two (2) appointed members from the County. ^ 3. Paragraph 4.9 of Article IV — AUTHORITY BOARD: Existing: Proposed: Authority Board members compensation, but shall diem and travel expenses 112.061, Florida Statutes. shall serve without be reimbursed for per as provided in Section Authority Board Members shall serve with compensation established from time to time by said Authority Board and shall be reimbursed for per diem and travel expenses as provided in Section 112.061 Florida Statutes 4. Paragraph 4.10 of Article IV — AUTHORITY BOARD - is deleted. Existing, proposed to be deleted: Except as provided in Section 4.4 above, all decisions of the Authority Board shall require a four -fifths majority vote of the entire Board membership. CONELY & CONELY, P.A. OFFICE LOCATION - 401 NORTHWEST SIXTH STREET, OKEECHOBEE, FLORIDA 34972 MAILING ADDRESS: POST OFFICE DRAWER 1367 OKEECHOBEE, FLORIDA 34973-1367 T.W. CONELY, JR. 1892-1969 February 24, 2011 TELEPHONE - (863) 763-3825 TOM W. CONELY, III Hand Delivered FACSIMILE - (863) 763-6856 Brian Whitehall City Administrator Okeechobee, FL Re: Fourth Amendment to Interlocal Agreement creating Okeechobee Utility Authority Dear Brian: Enclosed is a copy of each of the following items: 1. Emails from me to John R. Cook and John Cassels sent Wednesday, February 2, 2011 and Tuesday, February 8, 2011. 2. Email to me from John Cassels, sent February 8, 2011. 3. Letter to me dated February 8, 2011 from John Cassels. Last, enclosed is an original form of the proposed Fourth Amendment to Interlocal Agreement Creating The Okeechobee Utility Authority Between Okeechobee County and The City of Okeechobee, Florida, that was approved by the OUA board at its regular meeting held February 8, 2011. The reasons underlying the proposed Fourth Amendment are set forth in the enclosed copies of the correspondence. The initial version of the proposed Fourth Amendment also sought to delete the prohibition against compensation for OUA board members, but the OUA board did not approve that proposed change. John Hayford, the OUA board and I wish for this item to be placed on the agenda for consideration by the City Council at the earliest opportunity. Please feel free to call me or John Hayford if you have any questions. Enclosures as stated c: John Hayford Sincerely, !t.on -JII Page 1 of 1 Tom Conely From: "Tom Conely" <tconely@conelyandconely.com> To: "John R Cook" <jrcook1648@yahoo.com> Sent: Wednesday, February 02, 2011 5:17 PM Attach: FOURTH AMENDMENT TO INTERLOCAL AGREEMENT.wpd Subject: Proposed Fourth Amendment to lnterlocal Agreement (OUA) John: Attached is a proposed Fourth Amendment to the lnterlocal Agreement creating the OUA that I drafted seeking to eliminate the super -majority requirement for OUA board approval of matters that come befoe it, allowing the Board to establish compensation for its members, and deleting the requirement for at least one of the County appointees to the Board to reside in the former OBWA service area. The reason for these changes is to create additional interest in members of the public in serving on the OUA board. Another reason is to avoid unnecessary complications when there are less that 5 members attending an OUA board meeting. In my view if there are anly 4 board members in attendance, it requires a unanimous vote on a matter, not a 3-1 because the percentage of approval is only 75% in that instance, whereas with 5 board members a 4-1 vote is 80% approval. Anyhow, kindly look this over and give me your feed back. 2/23/2011 Page 1 of 1 Tom Conel From: "Tom Conely" <tconely@conelyandconely.com> To: "John R Cook" <jrcook1648@yahoo.com>; "John" <jdc@legal-one.com> Sent: Tuesday, February 08, 2011 10:40 AM Attach: FOURTH AMENDMENT TO INTERLOCAL AGREEMENT.wpd Subject: Fourth Amendment to Interlocal Agreement (OUA) Good Morning Gentlemen: Attached is a revised Fourth Amendment to Interlocal Agreement that was approved by the OUA board at its regular meeting earlier this morning. You will see that this revision has eliminated the amendment to Paragraph 4.9 of Article IV allowing the board to establish compensation for its members. Let me know if you have any comments. 2/23/2011 Tom Conely From: "Tom Conely" <tconely@conelyandconely.com> To: "John Hayford" <jhayford@ouafl.com> Sent: Tuesday, February 08, 2011 1:17 PM Attach: 20110208110853683. pdf Subject: Fw: OUA 4th Amendment to Interlocal Agreement FYI - As you can see this letter was sent before I sent a revised Fourth Amendment to John that eliminated the compensation change. ----- Original Message ----- From: "Gina" < mcglegal-one.com> To: <conely@okeechobee.com> Sent: Tuesday, February 08, 2011 11:13 AM Subject: OUA 4th Amendment to Interlocal Agreement <<20110208 L10853683.pH>> Good morning, Attached you will find correspondence from Mr. Cassels which was dictated prior to receipt of your most recent e-mail transmission. - Gina M. Coleman, Legal Assistant to John D. Cassels, Jr., County Attorney - Okeechobee County Cassels & McCall P.O. Box 968 Okeechobee, FL 34973-0968 863-467-6900 - phone 863-763-1031 - fax -- Okeechobee County, Florida Office of the County Attorney P.O. Box 968 • 400 NW Second Street • Okeechobee, Florida 34973 Telephone 863-467-6900 • Facsimile 863-763-1031 February 8, 2011 (via e-mail transmission only) Tom W. Conely, III, Esquire Conely & Conely, P.A. Re: OUA 4" Amendment to Interlocal Agreement Dear Tom: Our File No.: 7175 In furtherance of our recent discussions regarding the OUA's proposed 4' Amendment to Interlocal Agreement, I understand the following concerning the amendment and reasons therefore: A reduction of the quorum requirement to a simple majority down from the super -majority currently required. I understand you are having some issues with absenteeism making it difficult to transact business at all regularly scheduled meetings. 2. Eliminating the requirement that at least one of the County appointed members reside in what was formerly the Beach Water service area. This restriction is likely no longer relevant given the established county -wide service area for the Authority. 3. Eliminating the prohibition on compensation for board members with the hope that this would both encourage qualified applicants for vacancies and attendance at meetings if the compensation was tied to actual attendance. Although I feel the compensation or lack of compensation of board members can be addressed in the Interlocal Agreement, it should be noted that no other County appointed lay board are paid positions and the County Commission may be sensitive to increasing government costs given the economic climate and budget deficits. Further, rather than providing the OUA board with the ability to self compensate, if this is a change that the Commission is willing to endorse, they may wish to set a stipend for meeting attendance in the Interlocal Agreement itself. 4. Finally, you are suggesting that the requirement for a 4/5th vote of the entire board be eliminated. Again, you have had difficulties in both obtaining a quorum and the requisite number of votes as a bare quorum would require a unanimous vote of all four (4) members. Although I feel that there may need to be greater flexibility, I am not sure the answer is a simple majority of a quorum as this, under your quorum reduction proposal would enable to board to act with the approval of just two (2) of the five (5) members. Unless you have some Ray Domer Bryant H. Culpepper Clif Betts, Jr. Joey Hoover Margaret Garrard Helton District I District 2 District 3 District 4 District 5 [7175-87378. WPD] Page 2 Tom W. Conely, I1I, Esquire February 8, 2011 technical objection, requiring an affirmative vote of three (3) members would give you greater flexibility and would only require a unanimous vote if you were operating upon a bare quorum of three (3) members. Finally, prior to placing this on the County Commission agenda, I think it would be appropriate to receive either a resolution of your board requesting this change to the Interlocal Agreement or at a bare minimum, a letter from Mr. Hayford indicating the contents of the proposed amendment have been discussed by your board which endorse the changes. As always, I remain available to discuss this matter further including my suggestions contained in this letter. With kindest personal regards, I am Sincerely, �JA". Cassels, Jr. JDC/gmc cc: Robbie Chartier, Deputy County Administrator [7175-87378.WPD] OKEECHOBEE COMMERCE CENTER LAND ACQUISITION AND SITE DEVELOPMENT GUIDE JANUARY 2011 OKEECHOBEE COMMERCE CENTER LAND ACQUISITION AND SITE DEVELOPMENT PROCESS The prevailing goal of the Okeechobee Commerce Center (OCC) is to provide lands for business and industry which support the economic base of the city and contributes to its economic growth and self-sufficiency. Park uses shall include light industrial and commercial activities consisting of manufacturing and assembly processes, research and development, and similar uses. The Park development standards are intended to result in new industry that is attractive in appearance for the benefit of the property, the City of Okeechobee, and the owners and/or lessees of all lots within the park. The Park was platted in 2004 as an "Industrial Subdivision" with an Industrial zoning designation. The following lots are still available for sale and immediate development within the park: OKEECHOBEE COMMERCE CENTER LOTS :Lot # ,Lot Size Price/Acre Lot Price 6 3.72 3100,000 $372,000 13 3.08 V 00,000 $308,000 16 4.07 $100,000 $407,000 17-A 1.497 $100,000 $149,700 17-B 1.00 $100,000 $100,000 17-C 1.00 $100,000 $100,000 Sales commission, if applicable, must be added to price SALE PRICE DETERMINATION: The City Council has established a base sale price of no less than $50,000 per acre for all city -owned parcels within the OCC. The City will consider discounted pricing based on jobs created, local economic impact, etc. Pricing will be reviewed and adjustments will be made as values increase. The City also reserves the right to place purchasers on lots that it feels are most suitable for each particular use and need. Furthermore, the City reserves the right to refuse the sale of properties at its sole discretion. R Whispoting Pknes st 718 Ci>jnty NW 2-3fa t o Okeechobee < Cornmetce Center 700 Batbw Nt St le Nlf*i Rth 51 Nw Tth SA NE AM Sf Nw Sth St NW Sth St NW 4M St NE 4th St cypre" Ste, tip` Arta Ok*schobw 70 Nw Pask St q-�- 'quarlem SE 4th st S". !;E sib: S, SW 61h St sw 154h S* W ,iW JUh, 6ih sl < fye 4� < e- 4- Sf 24V 27th S� SiN idABRI S" St 24th &I St St:. 2"d sl SE 341!, L,, hh Ea 700 3&STDB'-',NLINE*com rhe Site I'a Do Susinesi T lit Jacicsanvitie cJsopvI;e Beach n A Sta Cf B rL Mtn � St A .,ia,400 ,A V Gainesville R-i-- 4 Ve -Its-In6r, I Ilaytona Beach S"Vo- sp*nqn W)te% Do Landa '4P(xrI Orange nfotd Alwartmionte Hon-�Osassa I Ktv,de Sp" IHII f All a "'o OrIA �%Vwrin Istand Bayonet FlawP ' frio r��OA RPM!! Ht), St Cloud, Clearwater nt Cit ke=jand Wkielboume T T� P*n Bay ampa S-atlow O St Potwsbu". S:,n C. Conter F-, S-n*re RPA H6,M,"Aa�taientpn+• ,a Sarasosa Dort CharicrUo North �I ch.lrotw parl( West Palo) CaPs Ct>taltx,- Myers Fort kivers V,�Arl lw`rx�kww C(Mal Sonn G Naple�, H(Aly* IN "M " S*, Lwcjo Port Sz!-Tfv, W, MA-i-,% 43 Mianu Kendall Cy Homestead 20STM!I4LINE*C0M The Site ra Do flisstriess 100 Mi I IP / ACQUISITION PROCESS: a. Intent to Purchase. A prospective buyer of an available lot within the Park shall submit to the City a "Letter of Intent' to purchase. As a minimum, the letter shall include the following information: 1) The lot desired, 2) the nature of intended use, 3) anticipated capital investment, 4) number and average wage of employees, and 5) desired date to begin site development. b. Land Purchase Agreement. The City uses a standard purchase agreement prepared by the City Attorney to sell city -owned property within the OCC. All purchase agreements must be accompanied by a deposit of 10% of the requested sale price of the lot(s) desired. The deposit shall be held and applied to the purchase price if the sale is consummated. In the event of a failure by the purchaser to follow through on the purchase of the property, the City has the ability to retain the deposit. b. Covenants and Economic Goals. With each purchase request, the City Council will address and consider all declarations and covenants related to signage, driveway access, parking, landscaping, lighting, loading areas, outdoor storage areas, refuse collection areas, nuisances, site plan review procedures, and construction time requirements. Additionally, and as a consideration for approval of such purchase, the City will place a measure of control to prevent land speculation within the Park and to ensure properties are used for bona fide projects that locate or retain jobs and provide for new capital investment which meets the purpose of the OCC and the Economic Development Goals, Objectives, and Polices of the City Comprehensive Plan. Limitations on use, preference for certain uses over other uses, construction and appearance standards, capital investment, number and quality of jobs created, (typically no less than 10 jobs per OCC acre) and the development standards contained herein are designed toward these ends. All such declarations and covenants will be incorporated into any land purchase agreement approved by the City Council. PERMITTED USES: a. Light industrial and commercial operations which produce: 1) Computer components; 2) Robotics; 3) Food processing and packaging (no animal process/meat packing); 4) Apparel related products; 5) Finished wood products; 6) Furniture, fixtures and bedding products; 7) Assembled paper products; 8) Formulation and packaging of drugs, cosmetics, soap; 9) Fabricated metal products; 10) Manufactured machinery; 11) Electrical equipment and components; 12) Optics; 13) Aerospace composites; 14) Integrated circuits; 15) Ceramics and glass products; 16) Consumer electronics; 17) Image recognition; 18) Medical devices, dental equipment and supplies; and 19) Restaurant, hotel and store supplies, fixtures and equipment; b. The following services and trade establishments provided that they do not offer retail services on the same premises. 1) Bookbinding; 2) Bakery; 3) Blending of liquor; 4) Cheese making; 5) Carpet and rug cleaning; 6) Diaper service; 7) Drapery and window blind fabrication and service; 8) Glass and mirror shop; 9) Linen supply; 10) Magazine wholesale agency; 1 1) Pattern making; 12) Printing, publishing, lithography, and engraving; 13) Communication-information/data processing; 14) Telecommunication; 15) Exterminating; 16) Janitorial; 17) Plumbing, mechanical, or electrical shop; 18) Shipping and parcel services; 19) Manufacture of powder blends; and 20) Call service centers. DEVELOPMENT STANDARDS: Lot Size: No lot shall be less than seventy-five (75) feet in width and not less than twenty thousand (20,000) square feet in area. Height: No building shall exceed 50 feet in height. Smoke stacks, radio antennas, chimneys, and similar structures are excluded from this restriction. Setbacks: l) Street Side: All parcels shall have a minimum street side yard setback of twenty (20) feet and for each additional ten (10) feet of building length exceeding one hundred and fifty (150) feet, an additional foot of setback shall be provided; the maximum street side setback need not exceed thirty (30) feet. Street side yard setbacks shall be measured from back of street curb. 2) Interior Side Yard: The minimum interior side yard shall be fifteen (15) feet, except that the interior side yard setback may be reduced to zero on one side of the lot provided that: A. The wall constructed at the zero setback shall be of maintenance -free masonry material. B. The opposite side yard is increased to thirty (30) feet. In the event that two contiguous property owners desire to construct buildings using zero side yard setbacks, utilizing a common driveway for ingress and egress to the rear of both properties, said opposite side yard may be reduced to fifteen (15) feet provided easements are obtained and recorded ensuring a thirty (30) foot minimum separation between the two buildings for ingress and egress to the rear of the property. This thirty (30) foot access way shall be maintained free of obstructions skyward and with no openings that would facilitate any loading or unloading, in any portion of the buildings which fronts on the easement. 3) Rear Yard. There shall be no minimum rear yard requirement. Off Street Parking: Two (2) parking spaces for each three (3) employees, but in no event less than two (2) spaces for each 1,000 square feet of gross floor area. Parking on any public street within the OCC is strictly prohibited. Landscaping: Landscaping shall be as set forth in Chapter 90, Article IV of the Land Development Regulations. Signage: Sign standards shall be as set forth in Chapter 90, Article IV of the Land Development Regulations. Fences and walls: All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open -weave, chain -link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be permitted to contain fences and walls in the rear or secondary required setback area when provided with a twenty-five (25) feet planting area adjacent to the street landscaped in conformance with this Ordinance. _Lighting: Adequate lighting shall be provided for all automobile parking areas, trucking and loading areas, and all pedestrian and vehicle access points. All exterior lighting shall be so installed as not to cause any nuisance to adjoining residential areas and designed so that it does not directly project onto adjacent property or onto a public thoroughfare. Loading Areas: Loading and unloading areas will be designed to permit the pickup and delivery of materials without impeding the public right-of-way. Truck docks will be located at the side or rear yard of the building. On a through or corner lot, no truck docks will be permitted on any rear or side lot which has frontage along an adjacent roadway. Front yard docks or loading areas are not allowed. _Outdoor Storage Areas: All activities of a business will be carried on within the confines of the building. Storage of materials and finished product outside of a building is permitted, so long as it does not constitute a nuisance or interfere with adjoining owner's reasonable use of their land. All outdoor storage shall be on a hard -surfaced area, visually screened from access streets, residential neighborhoods, and adjacent property with a complete opaque fence or wall (that is architecturally compatible to the building's finished materials) or landscaping as approved by the City. Outdoor storage does not include parking of company owned and operated motor vehicles and equipment. No storage shall be permitted between a frontage street and the building line. No waste materials, manufacturing process by-product, rubbish, or discarded matter of any kind shall be permitted to be stored in open areas and beyond a time reasonably required to arrange removal. The use of tractor -trailers or other trucks or vehicles for storage is prohibited and will be strictly enforced. The City reserves the right to inspect any property suspected to be in violation of this provision. If evidence is found supporting noncompliance, remedies will begin immediately. _Improvement standards: All developed property shall be landscaped, improved and maintained in full conformity with all applicable requirements of the City land development code, and other State of Florida and federal standards. 1) Buildings. All structures erected within the OCC, with the exception of trim and minor architectural features, shall be constructed of ceramics, masonry, concrete, stucco, metal or other materials of a similar nature, as approved by the City. All exterior wall fronting on any street shall be aesthetically pleasing, and if concrete block or metal, shall be given a veneer of either stucco, plaster, ceramic, or similar covering approved by the City. All buildings and structures shall be kept properly and protected from deterioration and shall not be permitted to become dilapidated. No building or structure, or part thereof, shall be erected, in whole or in part, that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as they relate to sound, vibrations, odors, glare, radioactive materials, smoke and particulate matters. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to corner and double frontage lots. 2) Stormwater: Each site shall be designed to accommodate a minimum of one-half ('/2) inch of dry pretreatment to be detained on site prior to discharge into the master surface water management system. 3) Access Areas: All driveways, walkways, parking areas, storage, and loading areas of developed property shall be well -graded and surfaced with asphalt concrete or other materials approved by the City. It is intended that driveways on boundary streets be minimized. Spacing on boundary streets shall be at least seventy-five (75) feet apart (center spacing), at least one hundred (100) feet from any street intersection, and a maximum of twenty-four (24) feet in width. Joint driveways may be developed to serve abutting parcels and are favorably encouraged. 4) Property Maintenance: Building, landscaping, and other improvements shall be continuously maintained yielding a well kept appearance especially along the perimeters of any lot or other property. The city shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notify the owner in writing. If within fifteen (15) days from notification, maintenance has not been brought to acceptable standards in conformance with the following maintenance standards, the City may order the work done at the tenant's, grantee's, or lessee's expense and may treat the charges as an assessment. 5) Waste: All trash and garbage shall be placed in designated containers, or within the tenant's contained service area which shall be screened and properly landscaped. The size and number of containers shall be as determined by the city. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. All tenants must use the City's designated disposal service. 6) Parking lots and sidewalks: All parking lots, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken bumper stops and/or curbing shall be replaced as required; and drainage inlets, storm sewers and any surface drainage facilities shall be maintained in good repair and clear of debris so as to ensure their proper function. Each tenant, grantee, or lessee shall provide adequate off-street motor vehicle and trailer storage for the tenant's, grantee's, or lessee's needs, but, in any event, no less than that required by the City of Okeechobee Land Development Regulations. DEVELOPMENT REVIEW PROCESS Pre -application Conference: The applicant shall file for a pre -application conference with the City Administrator. The City will invite all of the necessary city representatives to provide review and input. The applicant shall provide a letter of intent to purchase property and summary of the proposed OCC development one week prior to the pre -application conference. Upon determination by the City Administrator that the application meets the purpose of the OCC and the Economic Development Goals, Objectives, and Polices of the City Comprehensive Plan, an invitation will be extended for request for land purchase and submission of a formal development proposal for consideration by the City's Technical Review Committee (TRC). The following must be provided for TRC consideration: A letter of intent to purchase OCC property and summary of the proposed OCC development. All purchase agreements must be accompanied by a deposit of 10% of the requested sale price of the lot(s) desired. Said deposit shall be held and applied to the purchase price if the sale is consummated. In the event of a failure by the purchaser to follow through on the purchase of the property, the City has the ability to retain the deposit A city development application for site plan review along with six (6) sets of the site development plan shall be submitted to the Planning Department along with designated purchase, processing and development fees. The site development plan must include or reflect the following information: a) Shall be drawn at a scale of not more than one inch equals 100 feet (1 " = 100'). b) Vicinity sketch of adjacent properties. c) Date site plan was prepared. d) Name, address and professional seal of architect, landscape architect, engineer or professional surveyor who prepared the plan. e) North arrow and legal description. f) Property lines, dimensions, and building setback distances from roof overhang or foundations to edge of public street right-of-ways or property lines and all structures, lot lines within one hundred (100) feet of the site. g) Existing and proposed topographic elevations at two foot intervals on the site and to a distance of 50 feet outside the boundary lines of the site. h) Direction of storm water drainage and how storm water runoff will be handled as well as a statement describing where storm water will be ultimately discharged. i) Location of existing and proposed buildings, their intended use, the length, width and height of each building, the square footage of each building and the specific types of material to be used in construction. j) Location of abutting streets, rights -of -way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site including all driveway widths and curb radius. k) Location and size of all water and sanitary sewer lines and storm drainage lines, catch basins, and location of storm retention/detention ponds. Stormwater retention/detention ponds with a maximum depth in excess of two (2) feet are permitted in the rear yard only and must be adequately fenced and screened. 1) Location and type of all sidewalks, bike paths, and other walkways. m) Location, type and size of any walls, fences or other screening provisions. n) Location of all proposed landscape materials, including size and type of plantings. o) Location, size and height of all proposed accessory structures, if prior approval is received, transformers, dumpsters or trash removal areas or devices, and method of screening and signs. Rooftop or outdoor equipment should also be indicated including proposed method of screening where appropriate. p) Proposed parking areas and access drives showing number and size of spaces and aisles, loading areas, and handicapped access ramps. Also note method of surfacing such areas. q) Exterior lighting showing area of illumination and type of fixture as well as method of shielding from adjacent properties and roadways. r) Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this Ordinance or other state or federal agencies. s) Architectural elevation drawing of the building(s) including type and color of outer wall coverings and cross-section drawings of the site A traffic impact statement (prepared by a professional engineer or duly qualified transportation planner) that identifies the number of net new external trips, identifies pass -by calculations, internal capture calculations, identifies the a.m. and p.m. peak hour trips on all adjacent roadway links, and which identifies the level of service (LOS) on all adjacent roadway links with and without the project. 1) A narrative explanation as to how the proposed development complies with the City's comprehensive plan and objectives of the OCC. 2) Any other information deemed appropriate by the City Administrator. Staff Technical Review. 1) The application shall be reviewed by the TRC for compliance with the submittal requirements. Upon a determination that sufficient information has been submitted to initiate the substantive review, a "sufficiency" letter shall be sent to the applicant by the City Administrator. If the determination is that the application does not include sufficient information, a letter shall be sent to the applicant identifying the deficiencies that need to be addressed. The staff shall conduct a sufficiency review of all additional information submitted in response to a sufficiency letter and either identify additional deficiencies, or provide the letter finding the application to be complete. 2) Once the application is determined to be complete, the staff technical review committee shall conduct their substantive review. The application shall be reviewed for consistency with the OCC development standards, the comprehensive plan and this code; written recommendations to shall be provided to the applicant and the local planning agency not less than one week prior to the scheduled public hearing. Local Planning Agency Review. The local planning agency shall hold a public hearing to review the application and shall make findings and recommendations as to compliance of the application with the adopted comprehensive plan and the OCC development standards. The finding shall be reduced to writing and provided to the applicant and submitted for consideration by the City Council. _City Council Action. The City Council shall conduct a public hearing and review the application shall make findings, or adopt the findings of the local planning agency, of consistency with the comprehensive plan and the City Code. FINAL APPROVAL: Approval of the proposed OCC development shall be interpreted as including: a. Purchase of the OCC property at agreed upon price and authority for City Attorney to execute sales agreement and associated documents. b. Site plan approval and development authorization (preliminary and/or final). JA od t i t)�-L City of Okeechobee SS SE Yd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Far 763-1686 email: bwhitehalaa,cityofokeechobee.coin Y * * Meniorandutst "7915 Date: Mar 1, 2011 TO: Mayor & City Council" FR: Ad in Brian Whitehall J RE: CSX depot update I Attach a i"he-last c munication I had w/ CSX on the depot. Prior to that letter the City advised CSX that it was incomprehensible to provide the coverage levels of `Railroad Protective insurance' requested from CSX at an annual premium of approx $25,000. For clarification, CSX required that insurance, individually, from each contractor or subcontractor, regardless of donated or hired, that would have a hand in the refurbishment of the depot. Some of the communication includes: April 2007 Sent initial letter to CSX expressing interest in depot May — July 2008 various communications incl a proposal fr CSX outlining a negotiated Ltr of Intent. July 2008 Right of entry Agreement July 2008 CSX conducts comprehensive lead and asbestos report Aug 2008 Letter of intent, approved by the City Council & CSX Jan 2009 Meeting w/ CSX State & Gov affairs rep and State Rep Horner about modifying the Letter of Intent. One issue included Amtrak necessity to remain in the depot after improvements are made or the Lease is voided. Feb 2009 Proposed new Letter of Intent to CSX Mar 2009 City Council reviews negotiated new Ltr of Intent Mar 2009 City discovers premiums for CSX parameters of insurance coverage (mentioned above) May 2009 CSX indicates further discussion will be only after City and Amtrak enter into a Lease arrangement. Jun 2009 Amtrak advises City/CSX of Shelter improvement using stimulus funding Jun 2009 Advised CSX that Amtrak is still interested in depot refurbishment project, but insurance an obstacle. Mar 2010 See attached letter, CSX apparently intends to take demolish IIII ag CSX RE41 PROPERTY Lori D. Bergeron Sales Associate March 22, 2010 VIA Email and U.S. Mail/ bwliitehallgcitvofokeechobee.com Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: Okeechobee Depot Dear Brain: ze�, - f �/ 301 West Bay Street Suite 800, S/C J915 Jacksonville, FL 32202 (904)633-4837 Telefax (904) 633.4581 Lori Ber«eron@csx.com It has been some time since we last spoke about the City's effort to preserve the old Okeechobee depot. Since that time CSX has recently been contacted by Amtrak regarding the construction of a brand new Depot in Okeechobee on the same site adjacent to the old depot. I have attached the site plans for your point of reference. Our conversations with the City regarding the preservation of the old depot started back in 2007. As we both know, the donation of the Depot was contingent upon the City entering into a lease agreement with Amtrak for the depot to be used as a railroad passenger station. This was based upon our safety concerns about a potential non rail activity locating dose to active tracks. We have been trying to come to an agreement with City with no avail and the Letter of Intent has expired due to lapse of time. Although we are no longer in a contractual agreement with the City, I wanted to make you aware of Amtrak's plans for the new railroad passenger station. With the new depot being constructed, it is unlikely that the existing depot will be used for passenger rail which was the basis of our agreement. Meanwhile, it continues to deteriorate and present a significant liability for CSX. CSX will quickly evaluate its next steps. It has been a pleasure working with you over the past couple of years. If there is ever a need for CSX property in the future, please du not hesitate to cal; rne. Sincerely, o Lori D. Bergeron Attachment S:\PUV\FLI2\FL093 OKEECHOBEE CO\093-0010\FL-093-1018651\Okeechobee letter.doc C—J i c op - City of Okeechobee 55 SE 3rdAv Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email: bwhitelialacityofokeechobee.conz TO: 1". * * * * * Mein oraii dititz * * Mar 1, 2011 Mayor & City Co Admin Brian Wh RENT Impact fees There continues to be interest in considering a moratorium on impact fee imposition. The following information may be useful. Attached please find a survey, we hurriedly composed, reflecting where area local governments are on abatement/moratorium. Currently the Impact Fee Fund has a balance of $107,661. The only expense made from the Fund in its short history is the Fire Dept brush truck. Pending expenditures include the eventual SLERs (radio) equipment. Other expenditures that the City could make are included on the attached Summary of Cap Improvements sheet from the Impact fee study. You may recall, that the City rec'd a proposed Mitigation Program authored by the former Economic Restructuring Comm (currently BDB) which called for some abatement associated with job creation or applicant capital investment. The City Council has formerly investigated/considered abatement on two occasions, July 2009 and Jan 2010, both times opting to stay the course. As you know, if a development lands in the City, the City is responsible for collecting both the County and the School's portion of the fees. I gave you an analysis in 2010 reflecting a typical commercial development wherein the City collected impact fee were 92%-County, 8%-City. I render this information as evidence that any City action to abate will have minimal financial effect on a development. 1111agC City of Okeechobee Impact Fees Comparison/Survey Study Fee still Abatemnt/ Charged Moratorium Ft. Pierce X Sebring LaBelle Clewiston Belle Glade Indian Rvr Shores X Vero Beach X Daytona Beach X Indian River County X St, Lucie County X Glades County Highlands County Okeechobee County X X X X X X X X X X for Mar 1, 2011 collects 60% impact fees with an exemption zone collects 40% tax base since 2009, prior to that had an increase since 2008 since 2008 No fee established same as Indian Rvr County same as Indian Rvr County review expected March 2011 9 impact fee categories, 5 suspended, 4 active expected to increase in residential and commercial impact fees in April 2011 until 2013 since 2009, indefinitely III. IMPACT FEE DEVELOPMENT This Section of the Study describes the methodology for developing the City of Okeechobee's Impact Fees. The City has identified the following public facilities essential to meet anticipated growth: Fire; Law Enforcement; and Public Works. Funding of the City's Capital Improvement Program will be accomplished from a variety of sources including: property taxes, special assessments, grants, gasoline taxes, other sources and impact fees. Impact fees will assist the City in providing future facilities as part of an overall program of funding. Table 5 highlights the Capital Improvement Program relative to City impact fees. Table 5 - Capital Improvement Summary Mini Pumper/Brush Vehicle $ 200,000 Ladder Truck (upgrades) $ 50,000 Fire Engine/Pumper $ 500,000 Communication System $ 200,000 Portable Radio's $ 35,000 New Tone Out System for Dispatchers $ 200,000 Bunker Gear $ 14,000 SDedal ODS. Inc Homeland Security $ 100,000 $ 1,299,000 Tasers $ 8,050 Motorola Radios & Command System $ 39,305 Law Enforcement CPU System $100,000 Intoxilizer $ 6,300 Office Expansion & Upgrade $ 5,000 Squad Cars & Equipment $ 1.324,800 $ 1,483.455 Tractor Mowers $ 120,000 Dump Trucks $ 100,000 Sidewalks $ 100,000 Building Equipment $ 10,000 City Sam Addition $ 200,000 Drainage Improvements $ 2,320,000 Road Construction $ 300,000 Source: Citv Walter H. Keller, Inc. City of Okeechobee Impact Fee Study Final Report $ 3,150,000 City Total $ 5,932,455 1 -7- Walter H. Keller, Inc. Consulting Engineers & Planners Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2010 The 2olo Florida Statutes Go Title XIX Chapter 290 PUBLIC BUSINESS URBAN REDEVELOPMENT 1 290.0057 Enterprise zone development plan. — View Entire Chapter (1) Any application for designation as a new enterprise zone must be accompanied by a strategic plan adopted by the governing body of the municipality or county, or the governing bodies of the county and one or more municipalities together. At a minimum, the plan must: (a) Briefly describe the community's goals for revitalizing the area. (b) Describe the ways in which the community's approaches to economic development, social and human services, transportation, housing, community development, public safety, and educational and environmental concerns will be addressed in a coordinated fashion, and explain how these linkages support the community's goals. (c) Identify and describe key community goals and the barriers that restrict the community from achieving these goals, including a description of poverty and general distress, barriers to economic opportunity and development, and barriers to human development. (d) Describe the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process. (e) Commit the governing body or bodies to enact and maintain local fiscal and regulatory incentives, if approval for the area is received under s. 290.0065. These incentives may include the municipal public service tax exemption provided by s. 166.231, the economic development ad valorem tax exemption provided by s. 196.1995, the business tax exemption provided by s. 205.054, local impact fee abatement or reduction, or low -interest or interest -free loans or grants to businesses to encourage the revitalization of the nominated area. (f) Identify the amount of local and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, community colleges, small business development centers, black business investment corporations, certified development corporations, and other private and public entities. (g) Indicate how state enterprise zone tax incentives and state, local, and federal resources will be utilized within the nominated area. (h) Identify the funding requested under any state or federal program in support of the proposed economic, human, community, and physical development and related activities. (i) Identify baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan. (2) Prior to adopting the strategic plan, the governing body or bodies shall submit the plan to the appropriate local planning agency for review and recommendations as to its conformity with the comprehensive plan for the development of the county or municipality or the county and one or more http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App_... 3/1 /2011 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 municipalities as a whole. The local planning agency shall submit its written recommendations with respect to the conformity of the proposed strategic plan to the governing body or bodies within 60 days after receipt of the plan for review. (3) Prior to adopting the strategic plan, the governing body or bodies shall hold a public hearing on the strategic plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the governing body or bodies. The notice shall describe the time, date, place, and purpose of the hearing, identify the nominated area covered by the plan, and outline the general scope of the strategic plan under consideration. History. — ss. 23, 37, ch. 94-136; ss. 5, 11, ch. 2005-287; s. 41, ch. 2007-5. 1 Note.-- Repealed December 31, 2015, by s. 11, ch. 2005-287. Copyright © 1995-2011 The Florida Legislature • Privacy Statement • Contact Us http://www.Ieg.state.fl,us/statutes/index.cfm?mode=View%2OStatutes&SubMenu=1 &App_... 3/1 /2011 Advisory Legal Opinion - Taxation -- Ad Valorem Taxation -- Economic Development Page 1 of 4 Florida Attorney General Advisory Legal Opinion Number: AGO 2008-22 Date: May 9, 2008 Subject: Taxation -- Ad Valorem Taxation -- Economic Development Ms. Jerri A. Blair Wildwood City Attorney 131 West Main Street Post Office Box 130 Tavares, Florida 32778-0130 Dear Ms. Blair: On behalf of the Wildwood City Commission, you ask substantially the following question: May a city grant an economic development ad valorem tax exemption pursuant to section 196.1995, Florida Statutes, that extends beyond the time the city is authorized to grant such exemptions? You state that in 1994, the city commission determined that there was a need to attract new businesses and encourage the expansion of businesses within the city. In December 1999, the question of whether the city commission should be granted the authority to grant exemptions from city ad valorem taxes pursuant to Article VII, section 3, Florida Constitution, and section 196.1995, Florida Statutes, for new businesses and expansions of existing businesses was placed on the ballot.[l] The voters approved the referendum. According to your letter, although there was a potential candidate for tax relief at the time the referendum granting the city commission the authority to grant exemptions was passed in 1999, the candidate did not locate within the city. You state, however, that there is currently a candidate that appears to meet the statutory requirements. While the authority of the city to grant exemptions is for a period of ten years and is, therefore, still in effect, the relief from taxation granted by the city would extend beyond the term of the city's authorization to grant exemptions. Therefore, you inquire whether the city commission may grant such an exemption that will extend beyond the time the city is authorized to grant such exemptions. Article VII, section 3(c), of the Florida Constitution, provides: http://www.myfloridalegal.com/ago.nsf/printview/DE6124CEB255C598852574440064F4A9 3/1/2011 Advisory Legal Opinion - Taxation -- Ad Valorem Taxation -- Economic Development Page 2 of 4 "Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant community and economic development ad valorem tax exemptions to new businesses and expansions of existing businesses, as defined by general law. Such an exemption may be granted only by ordinance of the county or municipality, and only after the electors of the county or municipality voting on such question in a referendum authorize the county or municipality to adopt such ordinances. An exemption so granted shall apply to improvements to real property made by or for the use of a new business and improvements to real property related to the expansion of an existing business and shall also apply to tangible personal property of such new business and tangible personal property related to the expansion of an existing business. The amount or limits of the amount of such exemption shall be specified by general law. The period of time for which such exemption may be granted to a new business or expansion of an existing business shall be determined by general law. The authority to grant such exemption shall expire ten years from the date of approval by the electors of the county or municipality, and may be renewable by referendum as provided by general law." (e.s.) Section 196.1995, Florida Statutes, seeks to implement the above constitutional provision.[2] Section 196.1995(7), Florida Statutes, establishes the term during which the municipality may grant exemptions: "The authority to grant exemptions under this section will expire 10 years after the date such authority was approved in an election, but such authority may be renewed for another 10-year period in a referendum called and held pursuant to this section." Section 196.1995(5), Florida Statutes, addresses the granting of an exemption: "Upon a majority vote in favor of such authority, the board of county commissioners or the governing authority of the municipality, at its discretion, by ordinance may exempt from ad valorem taxation up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is adopted. However, if the authority to grant exemptions is approved in a referendum in which the ballot question contained in subsection (3) appears on the ballot, the authority of the board of county commissioners or the governing authority of the municipality to grant http://www.myfloridalegal.com/ago.nsf/printview/DE6124CEB255C598852574440064F4A9 3/1/2011 Advisory Legal Opinion - Taxation -- Ad Valorem Taxation -- Economic Development Page 3 of 4 exemptions is limited solely to new businesses and expansions of existing businesses that are located in an enterprise zone or brownfield area. Property acquired to replace existing property shall not be considered to facilitate a business expansion. The exemption applies only to taxes levied by the respective unit of government granting the exemption. The exemption does not apply, however, to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution. Any such exemption shall remain in effect for up to 10 years with respect to any particular facility, regardless of any change in the authority of the county or municipality to grant such exemptions. The exemption shall not be prolonged or extended by granting exemptions from additional taxes or by virtue of any reorganization or sale of the business receiving the exemption." (e.s.) Thus, section 196.1995(7), Florida Statutes, provides that the authority to grant exemptions under the statute expires 10 years after the date such authority was approved in an election although such authority may be renewed for another 10-year period if approved by referendum. Section 196.1995(5), Florida Statutes, in addressing the term of the exemption granted, clearly states that such an exemption remains in effect for up to 10 years regardless of any change in the municipality's authority to grant such exemptions.[3] Accordingly, in light of the plain language of section 196.1995(5), Florida Statutes, I am of the opinion that a city may grant an economic development ad valorem tax exemption pursuant to section 196.1995, Florida Statutes, for a period of up to 10 years even though the term of the exemption extends beyond the time the city is authorized to grant such exemptions. Sincerely, Bill McCollum Attorney General BM/tjw [11 Wildwood City Resolution 741, dated September 22, 1999. [2] Sees. 196.1995(1), Fla. Stat., which provides in part that "[t]he board of county commissioners of any county or the governing authority of any municipality shall call a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions under s. 3, Art. VII of the State Constitution . . . ." And sees. 5, Ch. 80-347, http://www.myfloridalegal.com/ago.nsf/printview/DE6124CEB255C598852574440064F4A9 3/1/2011 Advisory Legal Opinion - Taxation -- Ad Valorem Taxation -- Economic Development Page 4 of 4 Laws of Fla., creating s. 196.1995 and providing that "[t]his act shall take effect upon approval by the electors of an amendment to s. 3, Art. VII of the State Constitution authorizing the ad valorem tax exemptions provided for in this act, and shall first apply to the 1981 assessment rolls." Senate Joint Resolution 9-E, amending Art. 7, s. 3, Fla. Const., by adding subsection (c) pertaining to economic development tax exemptions, was approved by the electors at the special election of October 7, 1980. [3] When the economic development tax exemption was first enacted in 1980, the statute provided that the "exemption shall remain in effect for 10 years with respect to any particular facility, regardless of any change in the authority of the county or municipality to grant such exemptions." Sees. 196.1995(4), Fla. Stat. (1980 Supp.). And see Op. Att'y Gen. Fla. 81-46 (1981), stating that the exemption granted pursuant to s. 196.1995, F.S. (1980 Supp.), must be for a period of 10 years. In 1983 the Legislature amended the statute, inserting "up to" preceding 1110 years" in what is now s. 196.1995(5), Fla. Stat. See s. 1, Ch. 83-141, Laws of Fla. http://www.myfloridalegal.com/ago.nsf/printview/DE6124CEB255C598852574440064F4A9 3/1/2011 The Updates! F ti from the City Administrator's Desk T SS SE 3Yd Av., Okeechobee, FL 34974 °1915City Hall — 763-3372 City Council meeting of March 1, 2011 • Council Workshop — As discussed priorherto, we plan on having a workshop, of sorts, to discuss a few issues. In lieu of setting up a separate occasion, I'm simply listing the issues on the Agenda for discussion. We will adjourn to the `workshop' and then reconvene. • Noise Ord complaint — Apparently, as a solution, the Nunez's are building a privacy fence for the Mains ... on the Main's property at 101 NE 8th Av. • Street striping — The City isn't completely satisfied w/ the painting process and we continue to investigate doing our own. The application is fine (outside of inadequate traffic control) but there were a few issues on laying out the pre -paint design. In lieu of a heated thermal paint, there's a manufacturer that supplies a plastic infused paint (still called thermoplastic) that the City may be able to use and we are continuing to investigate. • City Hall remodel — As part of our remodel process we anticipated trying to improve the 'electrical entrance' room but have determined that the room is too small for our original concept of placing the computer server therein. We've contemplated a remodel in the Finance entrance office (Kim's) but are examining budgetary issues. • Business Dev Bd — Attached is a 2-page copy of the memo that I previously sent clarifying the City's $5000 contribution to the business devel board's initiatives thru the Main Street organization and now through the Bus Devel Bd, d/b/a Chamber. • Chickee in Flagler Park#3 — As of this date have nothing from the Seminole Tribe except met w/ Donnie at site. • CDBG Housing Rehab — the City rec'd a Feb 18th letter from DCA, confirming that there were no outstanding issues associated w/ the Jan 11 th site visit. I think we are closing in on official approval. • OUA Board Interlocal Agreemnt 4th Amendment — on the Agenda is the OUA Board requesting County and City approval of an amendment to reflect a simple majority vote requirement. The modifications: r- Para 4.2 formerly indicated that one of the County appointees had to be located in the former Beachwater Service area and they wish that to be removed. F-Para 4.9 formerly specified that the Members will serve without compensation and this sets up a possible compensation if voted upon by the Members. t Para 4.10 referred to the requirement of a supermajority being required I'm attaching County Atty Cassels' 2/8/11 letter (2-pg) for some clarification. Page 1 311111 Activity Rpt Cont d Evaluation and Appraisal Report (EAR) — Rec'd letter from DCA, acknowledging receipt of the adopted EAR and advised prelim findings sent by 2125 and final findings should be no later than 3128111. Again, immediately after DCA renders approval the City has an 18-month window to incorporate the EAR findings into the Comp Plan. 1. Provide a transitional commercial -to -residential land use category along with the appropriate map designation 2. Eliminate inconsistencies between the Zoning and Land Use maps 3. Develop unique guidelines for development along Taylor Creek 4. Establish an urban design standard concentrating on the City's downtown area along with pedestrian friendly connectivity and streetscaping EPA proposes a model ordinance for landscaping/fertilizers — I reed a call and a booklet urging local gov to adopt an ord incorp in LDRs prohibition of excessive nutrient application. I'm to meet with an EPA rep to discuss the matter. I reed several Resolutions from other communities expressing opposition to the EPA proposal. i plan to wait until the EPA rep requests an audience w/ me to advance the question to the City Council. Sign Ord — As a result of a prior meeting's discussion, I propose that the sign provisions of the Code dealing with the running/apparent moving/blinking etc. variety of sign be prohibited completely (except time/temp and barber type) with the existing ones being `grandfathered' in. Perhaps you can advise on the Ord preparation. Temp use and Temp structures permitting — The City Code now provides for a permit, fee ($175, no charge for a non-profit special event) and inspection method to allow businesses to conduct an event which will result in erection of temporary structures. A recent applicant complained that permitting an open house seemed a bit much and I've had a City Councilman mention that this matter should be placed on a future agenda. >There are instances that make sense to permit, such as a rodeo or circus, sp events that may result in increased liability or public safety issues. >The City Code is a bit confusing/contradictory. >I've instructed General Services to compose an accurate accounting of what our practice has been so that the City may adopt a clearer policy. Dates to remember: *Feb 26-27 — Top of the Lake Art & Music fest *Mar 12-13 — Speckled Perch Festival. City Attorney/litigation issues: • Chamber — The City continues to receive obstinacy from the Chamber over the eviction process. ➢ City gave Chamber the 15-day notice of our intent to file subpoenas for electric and phone bills to which the Chamber filed a denial (attached 2-page) stating `no relevance'. ➢ You will notice the assertion of the Chamber that they own the building which has been a debatable argument, in as much as the Lease even refers to `upon tetwua atioa # thls Lease, all unpror-emeats smith the exception ok trade fixtures shall remain as the sole and complete property o,#f the Lf330R; Page 2 311111 Activity Rpt Cont d — City Atty - Chamber of Commerce issues ➢ As of last week the insurance carrier advised that the Chamber's insurance expired... another provision of the lease states that the `Lessee shall30 dVsprior to the expiration o6 the any poliey delirn- to the Lessor a meneoW or new poliey,,,should the Lessee Ad, the Lessorreap obtain such ucsurance deemed (i�o be added to the rentj, ➢ The City requested entrance to the building a week or so ago to inspect but essentially we were denied/delayed. The facility needs mowed (I SEE SOMEONE MOWED) and some upkeep, but I've been waiting to use the condition of the property as additional evidence that the Lease is not being honored -lessee shall be mesponsi6le for mainteaaicee od the propertp, inel u , but scot limited to mos"V (et% ➢ I called the current IRS Agent and was told they determined a market value of $68k for the 'right of occupancy/leasehold value' and have attached a 1-page memo about that conversation. • Carter Pritchett Advertising v. City billboard issue - Rec'd a letter dated 12127110 from Atty Bob Shearman, representing the City, that Atty Steve Ramunni essentially said they can't move the proposed location easterly and proposed the City accept a 20 year (vs 10 year) period before non-conformance is initiated. As soon as we converse wl the Attorneys, we will set up a meeting wl the City Council. • Tootle complaint - Mr. Tootle filed a complaint affidavit with the Police Dept alleging impropriety on administration of building permit collection and spending (to Independent Inspectors). It has to do with the uncompleted storage building on NW 6th St by Mossell Construction. Mr. Tootle apparently was interested in purchasing the property and completing the project. He expected to pay no building permit, but was shocked to learn that that wasn't the case. The City had collected the full amount from the prior developer and paid Indep Insp the 85%. In the event of a new owner/developer, after all this time especially, a new permit would be required along with a recertification of the partially built project and a determination made if any value of that partially built facility could be counted to reduce the newly issued permit cost. The matter was handed to the FL Dept of Law Enf and they have subsequently determined that there is no criminal activity and if Mr. Tootle wishes to pursue the matter it would have to be a civil matter. City Clerk: • OUA appointments - With Councilman Maxwell's resignation as an alternate OUA Board member there was a vacancy created, along with the expiration of Steve Nelson's term as a regular member of the Board. We have a new applicant, Atty Jeffrey Fadley and Mr. Nelson has expressed interest in remaining on the Board. Please see the appropriate Exhibit to the Agenda. Page 3 311111 Activity Rpt Cont'd — City Clerk • Procedure in the event of an election tie - Expect further data at the Mar 15 meeting. Finance: • Unclaimed monies held by St of FL - Councilman O'Connor discovered that the City had unclaimed monies w/ the State in the amt of $56 in the City's name and $568 in the names of the Fire, Volunteer Fire and City Rescue, all of which have been applied for to capture by the City. • Impact fees - I mentioned to you about the County pursuing an evaluation study w/ the City and School. Again, the City adopted fees in May 2007 and in 2009, the City considered and rejected impact fee abatement. In Jan 2010, the Business Devel Bd provided the City with a draft impact fee mitigation program. Impact fee abatement/moratorium is placed on the Agenda for the 'workshop' discussion. • Investment Policy — We've done additional research on same. Robin compiled 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 Position — at one time or another I have probably visited with each of you about moving Accounts Supervisor, India Riedel, to a position more suitable to her job dutieslperformance. General Services: • Water Supply 10-yr Plan Ord - We plan to bring a revised Plan to the March 15 meeting for your approval of the 2"d Reading. Police: • Request from Ursula Metzger, Metzger and Wellisch, PA - Chief Davis contacted Ms. Metzger directly and advised it was impractical to accommodate her request to install 4-way stops at each intersection along SW 2"d Av. • Pain clinics - Chief Davis provided ordinances from four local governments. We will composing our own. In May 2010 the City adopted a 1-yr moratorium on pain clinics in hopes of Florida passing a statewide restrictive law. • SLERS radio system - nothing new to report. • Thanks from a 911 caller - attached pis find a 2-page complimentary note from a resident about our Police personnel. Public Works/Engineering: • Commerce Park lakes and wetland - On 2/11/11 staff, incl Councilman Maxwell, met with SFWMD reps and Gene Schriner, CAS, to discuss SFWMD's lack of certifications nec to 'complete' the Park construction approval process We have discussed the matter w/ CAS since and they have produced some documentation. After we solicit CAS for all the info they have, we will by process of elimination, solicit similar as built certification from AECOM and Surveyor Leland Dyals. Page 4 311111 Activity Rpt Cont'd - Public Works issues • Warehouse at the City garage facilities - The council approved the 100' X 80' building project at the 2/15"' meeting. The contractor, KST Construction, is working on perfecting the bid documents. • 200 blk of SW I fh St dry retention area - Months ago we approached the council about converting the one block, one -lane unimproved road to a grant funded dry retention area. Oscar met w/ Craig A Smith rep at the project site. Investigation continues. • S W 29St Street Storm Sewer proiect - In the fall of 2008, the City submitted to the County a request to be included on a hurricane disaster relief grant for this project and that project is under review for construction by the County. • Park at SE 6th Av & 7th St - have mentioned this potential project in the past. Looking into permits required to allow installation of a deck abutting the water there along w/ funding avenues. Respectfully submitted, Page 5 City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehallna cityofokeechobee.com F^ * * * *Memorandum Date: Feb 14, 2011 f TO: Mayor & City Council, Finance FIR: Admin Brian Whiteh RE: Bus Dev Board Contribution During the budget process, the City approved ai$5000 contribution to Main Street for the business development initiative and in October it was distributed and made payable to the Business Development Board. A few weeks ago, in light of the new Chamber of Commerce and Business Devel Board relationship, India and I discussed the appropriate documentation necessary to reflect that the City's contribution was allocated accordingly. I spoke to Terry Burroughs about it and he forwarded the information on 2/1/11, which included a copy of the minutes of 1/18/11 Main Street meeting minutes, excerpt as follows: Maureen discussed the Joint OKMS/Chamber Meeting scheduled for January 26 at IRSC. It was noted that everyone needs to RSVP to Brian. Main Street will have copies of' minutes and finances on a table but will not go through a discussion of them. Kathleen asked if the BDB needs to be released formally with a vote from the general membership or can the Board make that recommendation and vote on it? A motion was made by Phyllis to release the BDB Committee and funds effective January 1, 2011, from under the Main Street umbrella and moved to the newly formed Business Development Board of Okeechobee County, Inc. dba/Chamber of Commerce of Okeechobee County. The motion was seconded by Shelly. J.D. abstained from voting. Motion passed. It was suggested that J.D. remain chair of the Economic Restructuring Committee. J.D. is also the Chamber President -Elect. Further, a 2/1/11 letter explaining the relationship between the Business Development Board and the Chamber of Commerce of Okeechobee Co is attached. In my estimation, this documentation is adequate to serve as evidence that the spirit of the contribution is met. If you have a different opinion please advise. 1II'a1gC t7o"-N' Ter KL.7 JX Bwt,i riess Devel opme n t Roaresof Okecchobce February 1, 2011 Brian Whitehall City Administrator City of Okeechobee Mr. Whitehall, Cha4mber of Commerce o dke 606ee Gaun� As of January 1, 2011, The Business Development Board of Okeechobee County, Inc was formed to continue the work of economic development in Okeechobee County. In addition, the new corporation will be doing business as the Chamber of Commerce of Okeechobee County to begin servicing the business community. The Business Development committee that was originally formed under Okeechobee Main Street, Inc. has been moved to the organizational structure of the new corporation. The members of that committee will continue to act on the behalf of the City regarding any matters associated with economic development. Vic Lancaster, Glades Electric, will be acting as the chairman of the committee. Brian Cartland, Executive Director will continue his role as the economic development executive in the new corporation. For your convenience, I have included an organizational chart outlining the various committees. All monies as well as committee members have been authorized by the Okeechobee Main Street, Inc. Board of Directors to be moved to the new corporation. I have attached a copy of the recent Okeechobee Main Street Board of Directors minutes reflecting this action. The intent of the new organization is to continue to seek business opportunities to relocate to our community to assist with providing jobs to our citizens and to increase the tax base for our community. The new Chamber will be located at 315 NW 41h Ave on a temporary basis and we will have volunteers supporting the community in the management of the Chamber. If you should have any questions, please feel free to call me at (863) 697-6325. Sincerely Yours, ate. 03-- -- Terry Burroughs President Chamber of Commerce of Okeechobee County Okeechobee County, Florida Office of the County Attorney P.O. Box 968 • 400 NW Second Street • Okeechobee, Florida 34973 Telephone 863-467-6900 • Facsimile 863-763-1031 February 8, 2011 (via e-mail transmission only) Tom W. Conely, III, Esquire Conely & Conely, P.A. Re: OUA 4" Amendment to Interlocal Agreement Dear Tom: Our File No.: 7175 In furtherance of our recent discussions regarding the OUA's proposed 41h Amendment to Interlocal Agreement, I understand the following concerning the amendment and reasons therefore: A reduction of the quorum requirement to a simple majority down from the super -majority currently required. I understand you are having some issues with absenteeism making it difficult to transact business at all regularly scheduled meetings. 2. Eliminating the requirement that at least one of the County appointed members reside in what was formerly the Beach Water service area. This restriction is likely no longer relevant given the established county -wide service area for the Authority. Eliminating the prohibition on compensation for board members with the hope that this would both encourage qualified applicants for vacancies and attendance at meetings if the compensation was tied to actual attendance. Although I feel the compensation or lack of compensation of board members can be addressed in the Interlocal Agreement, it should be noted that no other County appointed lay board are paid positions and the County Commission may be sensitive to increasing government costs given the economic climate and budget deficits. Further, rather than providing the OUA board with the ability to self compensate, if this is a change that the Commission is willing to endorse, they may wish to set a stipend for meeting attendance in the Interlocal Agreement itself. Finally, you are suggesting that the requirement for a 4/5th vote of the entire board be eliminated. Again, you have had difficulties in both obtaining a quorum and the requisite number of votes as a bare quorum would require a unanimous vote of all four (4) members. Although I feel that there may need to be greater flexibility, I am not sure the answer is a simple majority of a quorum as this, under your quorum reduction proposal would enable to board to act with the approval of j ust two (2) of the five (5) members. Unless you have some Ray Domer Bryant H. Culpepper Clif Betts, Jr. Joey Hoover Margaret Garrard Helton District I District 2 District 3 District 4 District 5 17175-87378.WPDl Page 2 Tom W. Conety, III, Esquire February 8, 2011 technical objection, requiring an affirmative vote of three (3) members would give you greater flexibility and would only require a unanimous vote if you were operating upon a bare quorum of three (3) members. Finally, prior to placing this on the County Commission agenda, I think it would be appropriate to receive either a resolution of your board requesting this change to the Interlocal Agreement or at a bare minimum, a letter from Mr. Hayford indicating the contents of the proposed amendment have been discussed by your board which endorse the changes. As always, I remain available to discuss this matter further including my suggestions contained in this letter. With kindest personal regards, I am Sincerely, J n D. Cassels, Jr. JDC/gmc cc: Robbie Chartier, Deputy County Administrator [7175-87378. W PD] IN THE COUNTY COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. 2011-CC-20 CITY OF OKEECHOBEE, FLORIDA A municipal corporation of the laws of The State of Florida, Plaintiff, Vs. OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC., A not for profit corporation under the laws of the State of Florida, Defendants. ANSWER TO NOTICE PRODUCE NON-PARTY COMES NOW THE DEFENDANTS, OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC, and files this Answer to the Notice of Intent To Issue Request for Production To a Non -Party, and states: DEFENDANT denies the request to product their business records from Florida Power and Light and Century Link/Sprint based on the fact these records have absolutely no relevance to the pending eviction proceeding under this case number: 2011-CC-20, that is waiting to be heard by this Honorable Court. The Plaintiff currently has a 50 year lease, with said Defendants, on the property only and said lease does not mention anything pertinent to any business records being of concern, interest, or the need to produce to the Plaintiff. Defendant further adds they have never requested the Plaintiff to pay any part of their bills; nor, has the Plaintiff ever asked to review any business records in the 25 plus years this lease has been in effect. A copy of this lease is provided for the Court and Labeled Exhibit #l. 2. DEFENDANT wishes to advise this Court of an ongoing Internal Revenue Filing of Tax Liens; and the Internal Revenue, based on the meetings the Defendant has had with the Internal Revenue Service Agents, the IRS is in the process of seizing all the assets of the OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC., including but not limited to the building, which was paid for and constructed by the Defendant, and its contents, and the remainder of the lease. THE OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. respectively asks this Honorable Court to DENY THIS NOTICE PRODUCE NON-PARTY which was filed by the Plaintiff, CITY OF OKEECHOBEE. SUBMITTED this :;-, day of February, 2011. OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. (corporate seal) Board of Directors $rerlda T. Appleton, Registered Agent .'"���•I��'C.i. �' �-�.,�•���J��/�•r_ ��: �.C.tt� ��-�'_�(..C-FCLC-..�i CL�'�c�..i :Lo'_l�' is 55 South Parrott AN enue c Okeechobee, Florida 34972 City of Okeechobee 55 SE 3.dAv Okeechobee FL 34974-2932 Office of the City Administrator . Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehallna.,cityofokeechobee.coin F • -- = s *****Memorandum** Date: Feb 22, 2011 TO: the record FR: Admin Brian Whitehall RE: Chamber and the IRS lien Note: IRS federal tx liens amounted to $105,467.30 according to documents sent to the City on 12/23/10. Today I spoke to Wanda Quiles (772-340-5645), IRS Agent assigned to the Chamber IRS fed tx lien matter, after Allen Lewis left the IRS effective 12/31 /11. She said the IRS is not seeking attaching a lien on the building but her assignment is to proceed with the leasehold value redemption which is estimated at: Engineers value $112,000 Fair Mkt Value $68,000 She mentioned several times that the City may be interested in redeeming the value, or the `new' Chamber. I mentioned that it was more than doubtful that the City would be interested nor the new Chamber, and expressed reservation as to how the IRS would collect the value ... in an effort to start a negotiation dialog. However, Ms Quiles was very confident that IRS would realize the $68k. She added that it may be a party in Ft Pierce, for example. I asked if she had read the lease or saw the Chamber deed restriction and she added that another non-profit may be interested, for example, to which I said my point was that it would be inappropriate to market to just anyone. She added that that was for the IRS legal department to figure out. She added that in the next couple of months the IRS would be moving to seize the lease and any other personal property of the Chamber. 1 mentioned that the prior Agent indicated that the personal property (ex. Desks, etc) of the Chamber wouldn't be seized and she reiterated that she was pursuing everything, incl. the desks or any other personal property. 1IPa�_,e Mrs Dune Joselson Lot 96 Okeechobee, FL 34974 rrut__ ^_� Tuesday, February 15, 2011 Chief of Police Denny Davis On Friday, February 11, 2011, you and I received thank you letters from Mrs Diane Joselson reference her husband's death. Their address is 1307 S Parrott Ave lot 96. She thanks the men of the Police Department for their professionalism, courteousness and personal caring for her situation. That list of people who took part and assisted in her case (110131002) is below. 911 Dispatcher Glenda Wilson Sergeant Russell Cale Officer Skip Eddings Officer Larry Parzigna Detective Bill Sau Wanted you to know who they all were. Detective Bill Saum