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2012-02-07 Reg + Special Session
1 1 CITY OF OKEECHOBEE FEBRUARY 7, 2012 REGULAR CITY COUNCIL MEETING & EXECUTIVE SESSION SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor: February 7, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Rev. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the February 7, 2012, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by the Very Reverend, Dr. Edward Weiss of the Church of Our Savior; The Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present PAGE 1 OF 8 A. Present a 20-Year Longevity Service Award to Herb Smith. Mayor Kirk presented Chief Smith with a 20-Year Longevity Service Plaque and a check for $250.00 in appreciation for his years of service with the City. B. Proclaim February 6, 2012 as "WOKC Day" 50-year anniversary. In celebration of their 501h Year in business, Mayor Kirk presented a proclamation to WOKC representatives, Wayne Cunningham, General Manager; Billy Dean, Program Director; Charles Murphy, News Director; and Account Executives Ken Keller and Marrilee Berglund. FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 2 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Proclaim February 6, 2012 as "WOKC Day" 50-year anniversary continued. C. Proclaim the week of February 19-25, 2012 as "National Engineers Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 17, 2012 Regular Meeting. The proclamation read as follows: "WHEREAS, in a world filled with iPods, the internet, and satellite radio, people are still tuning in to local radio stations and is one of the nation's most accessible forms of media; and WHEREAS, WOKC began on the airways in Okeechobee, February 6,1962, being purchased by Charlie Castle and AI Stokes from Sugarland Broadcasting and formed Okeechobee Broadcasters, Inc., and has throughout the years been the true human experience to this community, and WHEREAS, the stations studios began on the third floor of the Southland Hotel until the demolition in the 1960's, then was moved to an attractive new studio and office building at the tower site on Highway 441 South; and WHEREAS, the sign -on and sign -off songs, as chosen by Al Stokes, were a unique "signature" for the station. The sign -on song: "If 1 Can Help Somebody" by Red Foley, had fitting lyrics "if I can help somebody with a word or song, then my living shall notbe in vain." The sign -off song was: "An Evening Prayer" by Jim Reeves, with lyrics thatasked forgiveness for any transgressions done during the day; and WHEREAS, WOKC has deep roots in our local community. In times of crisis, they are often the first and sometimes the only source people turn to for emergency information; and WHEREAS, local radio laughs, cries, mourns, and celebrates with the community. They are the sounding board in a way no other medium can be. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 7, 2012, as "WOKC DAY" in honor of the their 50th Anniversary and encourage all citizens to take the time to listen and enjoy the experience that our local radio station brings to our hometown." Mr. Marcus Monts de Oca, of the Florida Engineering Society, Treasure Coast Chapter, was present to receive the Engineers Week proclamation which read as follows: "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 19 through 25, 2012 as A NATIONAL ENGINEERS WEEK" in the City of Okeechobee." Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the January 17, 2012 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 3 OF 8 r',�, I I 1 1 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 17, 2012 Regular Meeting continued. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR FY 2011 COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM - Mayor. A.1. Discuss the CDBG Program for Fiscal Year 2011 Funding Cycle - Nancy Phillips, Grant Administrator. 2. Public Comments and Discussion. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AT 6:12 P.M. Mrs. Nancy Phillips of Nancy Phillips and Associates, City Grant Consultant, addressed the Council by stating, this is the first of two required public hearings for the 2011 Community Development Block Grant cycle. Several months ago the City was awarded a Housing Rehabilitation category CDBG grant in this funding cycle. However, we are also eligible to apply for an Economic Development category grant. The criteria is based on job creation by a private business entity. Normal activities are the construction of public infrastructures required to create the jobs. Examples are water and sewer line extension, roadway or sidewalk improvements. The City has received a request from an applicant, who may meet the criteria; and eligible to receive up to $700,000.00 in grant funds. Should the Council agree to move forward with the applicants' request, and in order to meet the time restraints to apply, the next step is for the City's Citizen Advisory Task Force to review the proposed request. This could be held on Tuesday, February 14, at 6:30 p.m. Then the second public hearing, back before the Council at the February 21s' meeting. The deadline to apply is February 28, 2012. The floor was opened to receive comments or questions from the public. There were none. Mayor Kirk then opened the floor for questions from the Council. Council Member Watford asked whether there were any other potential projects that this applicant would take away from? Administrator Whitehall responded that there is another potential applicant, for another type of business and location. However, by the time the other business might materialize, we may be in a new federal fiscal year. It is too premature to say it would or would not hurt the other applicant. ( 7) FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 4 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. FIRST CDBG PUBLIC HEARING CONTINUED. A. 2. Discuss the CDBG Program for Fiscal Year 2011 Funding Cycle, Mrs. Phillips then addressed the question of whether matching funds were required of the City, and its exposure. While public comments and discussion continued. matching funds is not a requirement, there could be some exposure to the City based on the cost estimate. The engineering line item may need to be supplemented. The maximum the grant will allow for engineering fees is 10 percent. Most projects of this nature are running 13 to 15 percent. The City could add a stipulation in the agreement that the applicant will cover any additional engineering fees. These types of items are negotiated during the 60 days after the second public hearing. Council Member Watford made a motion that we move forward with the CDBG Program, Economic Development category, for Fiscal Year 2011 Funding Cycle, for a left -turn lane at (State Road 70 East) Applebees/Hampton Inn (1210 East North Park Street), seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:22 P.M. VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 12-01, delegating Council Member Watford moved to adopt proposed Resolution No. 12-01, delegating authority to sign public authority to sign public depositors - Finance Director (Exhibit 1). depositors; seconded by Council Member Williams. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 12-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 06-04 BY REVISING THE DELEGATION OF AUTHORITY TO SIGN THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE MAYOR, CITY ADMINISTRATOR, AND FINANCE DIRECTOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. L13 1 1 1 FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 5 OF 8 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. NEW BUSINESS CONTINUED. B. Power point presentation of Fund Balance and Reserve Policy (GASB 54) and Motion to adopt proposed Resolution No. 12-02- Finance Director (Exhibit 2). C. Consider a recommendation by the Code Enforcement Board to begin foreclosure proceeding son Case No. 11-119, Cody Brown, 813 Southeast 3'd Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat - Chief Smith (Exhibit 3). Council Member Watford moved to adopt proposed Resolution No.12-02,adopting a Fund Balance and Reserve Policy in accordance with GASB 54 rule; seconded by Council Member Williams. Attorney Cook read proposed Resolution No. 12-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ESTABLISHING A FUND BALANCE AND RESERVE POLICY FOR THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." There was a power point presentation by Finance Director Riedel explaining why the City needs to adopt a Fund Balance and Reserve Policy consistent with the Governmental Accounting Standards Board Statement, which actually has 54 categories, which the City has to address. The policy will assist in long term planning and is prudent for the City to maintain open government. There was a brief discussion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. In Exhibit Three, Chief Smith explained, Case No. 11-119, Cody Brown, 813 Southeast 3`d Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat Subdivision. The structure located at this property had major damage, basically to the interior and attic areas in early 2008 due to a fire. No activity or repairs were being noticed by Code Enforcement Officers and eventually the structure needed to be secured to prevent entry. The yard was unkept with overgrown vegetation. The issue was the property owner was a minor. Code Officer Sterling was able to contact the guardian and worked with them to bring the property into compliance. Initially there were some improvements being made, but only after being notified to appear before the Code Enforcement Board. Eventually all improvements ceased. On October 20, 2008, a lien went into effect, as approved be the Code Enforcement Board for $50.00 per day. On March 17, 2009, the property was found in compliancem with the structure secured. The fine total is $7,400.00. It is still unpaid. Then on September 22, 2010, the owner was notified of code violations for unattended vegetation, Case No.10-090. It was found in compliance on October 11, 2010. Again on August 9, 2011, assigned as Case No. 11-070 a similar violation was sent, with compliance on August 31, 2011. Finally on November 16, 2011, Case No. 11-119 was assigned with the same violations, with no compliance to date. On January 10, 2012, the Code Enforcement Board made a recommendation for the City Council to begin foreclosure proceedings on the property. FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 6 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. C. Consider a recommendation by the Code Enforcement Board to The Council discussed whether the property taxes were delinquent and utilizing the nuisance abatement process begin foreclosure proceeding son Case No. 11-119, Cody Brown, rather than foreclosure procedures. Attorney Cook advised he could look into both, and use whichever was most cost 813 Southeast 3' Street, Lot 4 of Block 1 in Wilcox Shores First effective, while bringing the property into compliance. Council Member Watford made a motion to move forward Revised Plat continued. with foreclosure or nuisance abatement procedures for Case No. 11.119, Cody Brown, 813 Southeast 3rd Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat; seconded by Council Member O'Connor. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED D. Consider Temporary Street Closing Application submitted by Council Member Watford moved to approve temporary street closing applications submitted by Okeechobee Main Okeechobee Mainstreet for 2012 events - Cynthia Birdashaw, Street for the 2012 community events as listed in Exhibit Four and below; seconded by Council Member O'Connor. Executive Director (Exhibit 4). ■Temporarily close a portion of Southwest 3rd and 4th Avenues between North and South Park Streets from 5:00 p.m. March 9 until 6:00 p.m. March 11 for the Annual Speckled Perch Festival and Parade; ■Temporarily close the portion of Southwest 3rd and 41h Avenues between North and South Park Streets from 5:00 p.m., April 13 until 5:00 p.m., April 15 for the Annual Top of the Lake Art and Music Festival; ■Temporarily close the portion of Southwest 3rd and 4th Avenues between North and South Park Streets from 5:00 p.m., August 31 until 6:00 p.m., September 3 for the Annual Labor Day Celebration; and ■Temporarily close the portion of Southwest 3rdand 4th Avenues between North and South Park Streets from 5:00 p.m., December 7 until 10:00 p.m., December 8 for the Annual Top of the Lake Christmas Festival and Lighted Parade. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Consider Temporary Street Closing Application submitted by First Council Member Watford moved to approve temporary street closing applications submitted by First Baptist Church Baptist Church of Okeechobee for 2012 events - Teresa Arrants, of Okeechobee for the 2012 community events as listed in Exhibit Five and below; seconded by Council Member Recreation Director (Exhibit 5). 1 Williams. ■Temporarily close a portion of Southwest 4th Street between 5th and 6th Avenues from 6:00 a.m. to 10:00 p.m. on February 25" for the Men's Fellowship; ■Temporarily close a portion of Southwest 4th Street between 51h and 6th Avenues from 7:00 a.m. to 7:00 p.m. on March 3rd for the Upwards Basketball and Cheerleading Awards; �15 FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 7 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. E. Consider Temporary Street Closing Application submitted by First ■Temporarily close a portion of Southwest 4" Street between 5' and 61h Avenues from 8:00 a.m. to 7:00 p.m. on May Baptist Church of Okeechobee for 2012 events continued. 19t' for D-Now Weekend; ■Temporarily close a portion of Southwest 4" Street between 5" and 6'" Avenues from 8:00 a.m. to 5:00 p.m. daily from July 9 through 13 and reroute traffic around the ROC facility to one-way during drop-off and pick-up times only; and ■Temporarily close a portion of Southwest 4' Street between 51" and 6'" Avenues from 7:00 a.m. to 7:00 p.m. on November 10t' for the Flag Football Awards Day. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IX. RECESS THE REGULAR SESSION ENTER INTO CLOSED EXECUTIVE MAYOR KIRK RECESSED THE REGULAR SESSION AT 6:55 P.M. IN ORDER TO ENTER INTO A CLOSED SESSION - Mayor. EXECUTIVE SESSION. A. Discuss pending administrative proceedings regarding the litigations Mayor Kirk announced that as per Florida Statute 286.011, Attorney Cook requested a closed executive session for of Carter Pritchett Advertising, Inc. vs. City of Okeechobee and the City Council to discuss settlement negotiation or strategies relating to litigation filed by Carter Pritchett Advertising, Centennial Builders of Lee County, Inc. vs. City of Okeechobee - Inc., and Centennial Builders of Lee County, Inc. City Attorney. 11 The only members allowed to stay in the Council Chambers during this portion of the meeting were Mayor Kirk, Council Members Maxwell, O'Connor, Watford and Williams, Attorney Cook, Administrator Whitehall, City Clerk Gamiotea and Attorney Robert C. Shearman of Henderson, Franklin, Starnes and Holt, P.A. A court reporter, Deborah Carmela Dew, FPR of Atlantic Reporting, was also present to record the session and the transcript shall be made part of the public records upon conclusion of the litigation. X. ADJOURN THE CLOSED EXECUTIVE SESSION AND RECONVENE MAYOR KIRK ADJOURNED THE CLOSED EXECUTIVE SESSION AND RECONVENED THE REGULAR SESSION REGULAR SESSION, Mayor. AT8:12 P.M. Mayor Kirk verified with Attorney Cook that no action needed to be considered in regular session. � 7� FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 8 OF 8 AGENDA XI. ADJOURN MEETING - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor r Lane Gamiotea, CM , City Clerk COUNCIL ACTION - DISCUSSION - VOTE There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 8:12 p.m. The next regular scheduled meeting is February 21, 2012 at 6:00 p.m. CITY OF OKEECHOBEE FEBRUARY 7, 2012 REGULAR CITY COUNCIL MEETING &EXECUTIVE SESSION SUMMARY OF COUNCIL ACTION ��Ab4c -1-b� Ay- -/b &4� AGENDA CALL TO ORDER - Mayor: February 7, 2012, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Rev. 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 & ' 0 3 City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 20-Year Longevity Service Award to Herb Smith. B. Proclaim February 6, 2012 as "WOKC Day" 50-year anniversary. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the January 17, 2012, Regular City Council Meeting to order C6.00 p., . PAGE 1 -y- ef A�-. Eeb&4 6�k&:!,) Nu-J-4 c6 The invocation was offered by Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk presented Chief Smith with afear Longevity Service Plaque and a check for $250.00 in appreciation for his years of service with the City., E�Cr In cel bration of their 50`h Y ar in bus s, Mayor Kirk presented a proclamation !to The pro lamation read: ` HEREAS, in a world filled with iPods, the internef, and satellite radio, people are still tuning in to local radio stations and is one of the nation's most accessible forms of media; and WHEREAS, WOKC began on the airways in Okeechobee, February 6, 1962, being purchased by Charlie Castle and FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 2 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE li IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Proclaim February 6, 2012 as "WOKC Day" 50-year anniversary continued. C. Proclaim the week of February 19-25, 2012 as "National Engineers Week." V. MINUTES - City Clerk. Al Stokes from Sugarland Broadcasting and formed Okeechobee Broadcasters, Inc., and has throughout the years been the true human experience to this community; and WHEREAS, the stations studios began on the third floorof the Southland Hotel until the demolition in the 1960's, then was moved to an attractive newstudio and office building at the tower site on Highway 441 South; and WHEREAS, the sign -on and sign -off songs, as chosen by Al Stokes, were a unique "signature" for the station. The sign -on song: "If I Can Help Somebody" by Red Foley, had fitting lyrics "If I can help somebody with a word or song, then my living shall not be in vain." The sign-offsong was: "An Evening Prayer" by Jim Reeves, with lyrics that asked forgiveness for any transgressions done during the day; and WHEREAS, WOKC has deep roots in our local community. In times of crisis, they are often the first and sometimes the only source people turn to for emergency information; and WHEREAS, local radio laughs, cries, mourns, and celebrates with the community. They are the sounding board in a way no other medium can be. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 7, 2012, as "WOKC DAY" in honor of the their 50th Anniversary and encourage all citizens to take the time to listen and enjoy the experience that our local radio station brings to our hometown." Mr. Marcus Monts de Oca, of the Florida Engineerin Sd� easure Coast Chapter, was presented to receive the Engineers Week proclamation which read as follows: HEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 19 through 25, 2012 as A NATIONAL ENGINEERS WEEK" in the City of Okeechobee." A. Motion to dispense with the reading and approve the Summary of Council MembeXmo d to dispense with the reading and approve the Summary of Council Action for the January 17, Council Action for the January 17, 2012 Regular Meeting. 2012 Regular Meeting; seconded by Council Member There was no discussion on this item. KIRK - YEA MAXWELL - YEA ' WATFORD - YEA WILLIAMS - YEA TION CARRIED. FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 3, AGENDA VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR FY 2011 COMMUNITY DEVELOP MENT BLOCK GRANT PROGRAM - Mayor. • A.1. Discuss the CDBG Program for Fiscal Year 2011 Funding Cycle - Nancy Phillips, Grant Administrator. 2. Public Comments and Discussion. CLOSE PUBLIC HEARING - Mayor. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRA Mrs. Nancy Phillips, Grant Administrator, addressed the Council by stating, this is the first of two required public hearings for the upcoming 2011 Community Development Block Grant cycle. The state will be releasing funds in for the 20 cycle, and late for the 20 cycle. There are four categories in the CDBG program: (1) Housing Rehabilitation, corrects code violations in substandard housing owned and occupied by low -to -moderate income eligible residents of the City; (2) Neighborhood Revitalization, used to install public infrastructure improvements (water/sewer) in low -to moderate income neighborhoods of the City; (3) Commercial Revitalization, is used to provide infrastructure improvements in the Commercial Redevelopment Area (CRA) of the City. Under this program, facade improvements can be made to businesses located in the CRA; (4) Economic Development, is based on job creation by a private business entity. Normal activities are the construction of public infrastructure required to create the jobs. Examples are water and sewer line extension, roadway or sidewalk improvements. The City is eligible to receive up to $700,000.00 in grant funds, and could apply for two grants as long as one of them is an Economic Development Grant. Each activity that is proposed, at least 70 percent of the funds must benefit low to moderate income persons. Mrs. Phillips and then present to City Council at a later date for final approval before submitting the application. The floor was opened to receive comments or questions from the public. There were none. The consensus from the Council was to authorize Mrs. Phillips to meet with Staff as requested. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6: P.M. Gj -,;� -a_ 112CA-1 t)JL�L CYU cy� Dja,otj d-10 �36 FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 4 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 12-01, delegating authority to sign public depositors - Finance Director (Exhibit 1). B. Power point presentation of Fund Balance and Reserve Policy (GASB 54) and Motion to adopt proposed Resolution No. 12-02- Finance Director (Exhibit 2). Council Member moved to adopt proposed Resolution No. 12-01 delegating authority to sign public depositors; seconded by Council Member (110 "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 06-04 BY REVISING THE DELEGATION OFAUTHORITY TO SIGN THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE MAYOR, CITY ADMINISTRATOR, ANQ FINANCE DIRECTOR; PROVIDING FOR SEVER ILITY• AND PRp,VI ING AlEF TI" VE DATE. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. PowerPoint presentation by Finance Director Riedel/ Council Member -moved to adopt proposed Resolution No. 12-02,ado ting a Fund Balance and Reserve Policy in accordance with GASB 54 rule; seconded by Council Me b �C, 6Z W "A RESOLUTION OF THE CITY OF 0 ECHOBEE, FLORIDA; ESTABLISHING A FUND BALANCE AND RESERVE POLICYFOR THE CITYOF OKEECHOBEE, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." KIRK - YEA MAXWELL - YEA =MOTION WATFORD - YEA WILLIAMS - YEA Y Y1'1- a�� FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 5 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. C. Consider a recommendation by the Code Enforcement Board to begin foreclosure proceeding son Case No. 11-119, Cody Brown, 813 Southeast 3`d Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat - Chief Smith (Exhibit 3). • Case No. 11-119, Cody Brown, 813 Southeast 3' Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat Subdivision. The structure located at this property had major damage basically to the interior and attic areas in early 2008 due to a fire. No activity or repairs were being noticed by code enforcement and eventually the structure needed to be secured to prevent entry. The yard was unkept with overgrown vegetation. Code Officer Sterling found someone associated with the property and attempted to work with them to bring it into compliance. The issue was that the property owner was a minor and the guardian was who the city was dealing with. Initially there was some improvements being made, upon being notified of a code board appearance. Eventually this ceased as well. The property had alien place against it by the code board for $50 per day starting in October 2008 until compliance. March 2009 it was brought into compliance with the structure secured and property cleaned, the fine totaled $7,400.00. The property continued in this fashion without further fine with the following: 9/22/2010 Case No.10-090 sent code violation for unattended vegetation. Complied 10/11/2010.8/9/2011 Case No.11-070 similar violation. Compliance 8/31/2011. 11/16/2011 Case No. 11-119 same violations. No compliance to date. Recommendation by the Code Enforcement Board to begin foreclosure proceeding son Council Member moved to; seconded by Cou cll Member i VOTE KIRK - YEA MAXWELL - YEA - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. N 'o7lJ�acf7`o c� ix --p1 -tom m� FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. D. Consider Temporary Street Closing Application submitted by Okeechobee Mainstreet for 2012 events - Cynthia Birdashaw, Executive Director (Exhibit 4). E. Consider Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for 2012 events - Teresa Arrants, • Recreation Director (Exhibit 5). Council Member moved to approve temporary street closing applications submitted by Okeechobee Main Street for the 2012 community events as listed below; seconded by Council Member jU Temporarily close a portion of Southwest 3' and 4m Avenues between North and South Park Streets from 5:00 p.m. March 9 until 6:00 p.m. March 11 for the Annual Speckled Perch Festival and Parade. Temporarily close the portion of Southwest 3' and 41h Avenues between North and South Park Streets from 5:00 p.m. April 13 until 5:00 p.m. April 15 for the Annual Top fo the Lake Art and Music Festival. Temporarily close the portion of Southwest 3`d and 4th Avenues between North and South Park Streets from 5:00 p.m. August 31 until 6:00 p.m. September 3 for the Annual Labor Day Celebration. Temporarily close the portion of Southwest 3`d and 4th Avenues between North and South Park Streets from 5:00 p.m. December 7 until 1000 p.m. December 8 for the Annual Top of the Lake Christmas Festival and Lighted Parade. VOTE KIRK - YEA MAXWELL - YEA EA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Membefigved to approve temporary street closing applications submitted by First Ba tist Church of Okeechobee for the 2012 community events as listed below; seconded by Council Member Temporarily close a portion of Southwest 4" Street between 5m and 6m Avenues from 6:00 a.m. to 10:00 p.m. on February 251h for the Bubba's Outdoor Fellowship. Temporarily close a portion of Southwest 41h Street between 5m and 61h Avenues from 7:00 a.m. to 7:00 p.m. on March V for the Upwards Basketball and Cheerleading Awards. Temporarily close a portion of Southwest 4th Street between 51h and 61h Avenues from 8:00 a.m. to 7:00 p.m. on May 191h for D-Now Weekend. Temporarily close a portion of Southwest 4th Street between 5" and 61h Avenues from 8:00 a.m. to 5:00 p.m. daily from July 9 through 13 and re-route traffic around the ROC facility to one-way during drop off and pick up times only. Temporarily close a portion of Southwest 4th Street between 5th and 61h Avenues from 7:00 a.m. to 7:00 p.m. on November 10th for the Flag Football Awards Day. KIRK -YEA MAXWELL •YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. FEBRUARY 7, 2012 - REGULAR MEETING - PAGE 7 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. RECESS THE REGULAR SESSION ENTER INTO CLOSED EXECUTIVE SESSION - Mayor. A. Discuss pending administrative proceedings regarding the litigations of Carter Pritchett Advertising, Inc. Vs. City of Okeechobee and Centennial Builders of Lee County, Inc. vs. City of Okeechobee - • City Attorney. X. ADJOURN THE CLOSED EXECUTIVE SESSION AND RECONVENE REGULAR SESSION - Mayor. XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. • ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk MAYOR KIRK ANNOUNCED THAT THE REGULAR SESSION IS NOT IN RECESS AND THE COUNCIL WOULD ENTER INTO CLOSED EXECUTIVE SESSION AT P.M. ONLY THOSE MEMBERS LISTED IN THE ADVERTISEMENT ARE ELIGIBLE TO REMAIN IN THE COUNCIL CHAMBERS. 6.' , �-- VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRKADJOURNED THE CLOSED EXECUTIVE SESSION AND RECONVENED THE REGULAR SESSION AT P.M. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at p.m. The next regular scheduled meeting is February 21, 2012 at 6:00 p.m. 0 0 NDEPE1VDENT _ _ 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 aft + c in the matter of 1 __ 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 -far publication in the said newspaper. 10m Sworn to and subscribed before me this day of ` - L ..- --PAD Notary Public, State of Florida at Large - lCl ! CSTATE OF DA " Angie Bridges iCommission #DD779718 %;`+„.•�• Expires: APR. 20, 2012 BONDED THRU ATLANTIC BONDING Ca, INC. (863) 763-3134 mcnc'4.e Ci'IY COUNCIL "MEET' EETING NOTICE NOTICE IS HEREBY GIVEN that the City Coundl of the ary of Okeecho e will meet in Regular Session on Tuerday, Fe4ruarY 7, 2017, at 6: m at City Hail, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The publi sim4ted and raged to attend. LEAS ted TAKEen OTfCE AND W ADVISED that no stenog is record by nea Y pers ou1rtt r paler w81 be pmade of the foregdng ng. Aaordingty, herein will tr- parslbseek tokfor ma nY deaslon Invdv6g the .mattersno and evidence at saki meadwbing 8 m record of the ease contact ore dis ng pon any appeal K lb be based City Administration atu863.763-3372, or wetHite fied to obtain a copy of the agenda, . In accordance with the Amerkans ith Disabirytles Act (ADA) of 1990 per s needing special accommodation to pardoiVe in this proceeding shout ontact the City Clerks Office at 863-763-3372 ffoar assistance, James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 09098 ON 2 3 2012 CITY OF OKEECHOBEE FEBRUARY 7, 2012 REGULAR CITY COUNCIL MEETING AND CLOSED EXECUTIVE SESSION OFFICIAL AGENDA PAGE 1 OF 3 CALL TO ORDER - MAYOR: February 7, 2012, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a Twenty -Year Longevity Service Award to Herb Smith. 7 MV) Dnn-c I AC 4 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED - Mayor. B. Proclaim February 6, 2012 as "WOKC Day" 50 year anniversary. C. Proclaim the week of February C1 2012 as "National Engineer's Week." V. MINUTES - City Clerk. (a- A5 7 • A. Motion to dispense with the reading and approve the Summary of Council Action for the January 17, 2012 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor. A.1.a) Discuss the CDBG Program for Fiscal Year 2011 Funding Cycle - Nancy Phillips, Grant Administrator. b) Public Comments and Discussion. • CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 12-01, delegating authority to sign public depositors - Finance Director (Exhibit 1). B. Power Point Presentation of Fund Balance and Reserve Policy (GASB 54) and motion to adopt proposed Resolution No. 12-02 - Finance Director (Exhibit 2). C. Consider a recommendation by the Code Enforcement Board to begin foreclosure proceedings on Case No. 11-119, Cody Brown, 813 SE 3' Street, Lot 4, Blk 1, Wilcox Shores 1ST Revised Plat - Chief Smith (Exhibit 3). 7, 2012 PAGE 3 of 3 Vill. NEW BUSINESS CONTINUED. D. Consider Temporary Street Closing Applications submitted by Okeechobee Main Street for 2012 events - Cynthia Birdashaw, Executive Director (Exhibit 4). ■ Speckled Perch Festival and Parade - March 9, 2012 at 5:00 p.m. to March 11, 2012 at 6:00 p.m., SW 3'd & 4th Avenues between North and South Park Streets. ■ Top of the Lake Art and Music Festival - April 13, 2012 at 5:00 p.m. to April 15, 2012 at 5:00 p.m., SW 3' & 4' Avenues between North and South Park Streets. ■ Annual Labor Day Celebration - August 31, 2012 at 5:00 p.m. to September 3, 2012 at 6:00 p.m., SW 3' & 4' Avenues between North and South Park Street. ■ Top of the Lake Christmas Festival and Lighted Parade - December 7, 2012 at 5:00 p.m. to December 8, 2012 at 10:00 p.m., SW 3' & 4th Avenues between North and South Park Streets. E. Consider Temporary Street Closing Applications submitted by First Baptist Church for 2012 events - Teresa Arrants, Recreational Director (Exhibit 5). ■ Men's Fellowship - February 25, 2012 from 6:00 a.m. to 10:00 p.m., SW 4m Street between 5' and 6" Avenues. ■ Upwards Basketball & Cheerleading Awards - March 3, 2012 from 7:00 a.m. to 7:00 p.m., SW 411 Street between 5th and 6" Avenues. ■ D-NOW Weekend - May 19, 2012 from 8:00 a.m. to 7:00 p.m., SW 4' Street between 51 and 61h Avenues. ■ Vacation Bible School- July 9 -13, 2012 from 8:00 a.m. to 5:00 p.m., SW 4" Street between 5t' and 6t" Avenues and re-route during pickup and drop-off. ■ Annual Flag Football Awards Day- November 10, 2012 from 7:00 a.m. to 7:00 p.m., SW 41h Street between 51h and 61h Avenues. • IX. CLOSED EXECUTIVE SESSION - Mayor. A. Discuss pending administrative proceedings regarding the litigations of Carter Pritchett Advertising, Inc. vs. City of Okeechobee, and Centennial Builders of Lee County, Inc. vs. City of Okeechobee - City Attorney, X. RECONVENE REGULAR MEETING - Mayor. XI. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. I J,elwko Me bin in ce ,. Office of the Mayor r Okeechobee, Florida WHEREAS, in a world filled with iPods, the internet, and satellite radio, people are still tuning in to local radio stations and is one of the nation's most accessible forms of media; and WHEREAS, WOKC began on the airways in Okeechobee, February 6,1962, being purchased by Charlie Castle and Al Stokes from Sugarland Broadcasting and formed Okeechobee Broadcasters, Inc., and has throughout the years been the true human experience to this community; and WHEREAS, the stations studios began on the third.floor of the Southland Hotel until the demolition in the 196o's, then was moved to an attractive new studio and office building at the tower site on Highway 441 South; and WHEREAS, the sign -on and sign -off songs, as chosen by Al Stokes, were a unique "signature" for the station. The sign -on song: "If I Can Help Somebody" by Red Foley, had fitting lyrics "If I can help somebody with a word or song, then my living shall not be in vain." The sign -off song was: `An Evening Prayer" by Jim Reeves, with lyrics that asked forgiveness for any transgressions done during the day; and WHEREAS, WOKC has deep roots in our local community. In times of crisis, they are often the first and sometimes the only source people turn to for emergency information; and WHERF,AS, local radio laughs, cries, mourns, and celebrates with the community. They are the sounding board in a way no other medium can be. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 7, 2012, as "WOKC DAY" in honor of the their, 5ot'Anniversary and encourage all citizens to take the time to listen and enjoy the experience that our local radio station brings to our hometown. In with - ,()ativ ... .: ::.- 4...+ . 1+ - O `ce Manor ;:. Okeec�obee Fforiba WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHERS, engineers face the major technological challenges of our time from rebuilding towns devastated by natural disasters to designing' information superhighway that will speed our country into this ndw, century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 19 - 25, 2012 as "NATIONAL, ENGINEERS WEEK" in the City of Okeechobee. D0 ss 7� Q rC' u S MOMIS de J0a In witness whereof I have hereunto set my j hand sed this seal to be affixed. amess E. rk, Makyor ' ' Lane eraiDEPENDI NEWSPAPERS ■ OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 0 0 107 S.W. 17th Street, Suite U, 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� in the matter of ..�t__ in the 19th Judicial District of the Circuit Court of. Okeechobee County, Florida, was published in said newspaper in the issues of //�7 (( �)-' 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 f ublication in the, said newspaper. Tom Sworn to and subscribed before me this 7� ay of ', CL ✓u c? 1 �—' AD Notary Public, State of Florida at Large (863) 763-3134 FIRST PUBLIC HEARING NOTICE The City of Okeechobee will be concludinrgg a Public Hearing for the FY 2011 Community Development Block Grant (CDBG) grant program. The City is eli- gible to receipt up to $700,000 from the Florida Small Cities CDBG program administered by the Florida Department of Community Affairs. The FY 2011 CDBG funds will be used for one of the following purposes: 1. To benefit low and moderate income persons; or 2. To aid in the prevention or elimination of slums or blight; or 3. To meet other community development needs of recent origin having a particular urgency because existing conditions pose a serious and immedi- ate threat to the health or welfare of the community and where other fi nandal resources are not available to meet such needs. e categories of activities for which the FY 2011 funds may be used are in e areas of housing, neighborhood revitalization, commercial revitalization, r economic development and indude such improvement activities as acqui- rdon of real property, loans to private -for -profit business, purchase of ma- inery and equipment, construction of infrastructure, rehabilitabon o ouses and commercial buildings, and energy conservation. Additional Infor- bon regarding the range of activities that may be undertaken will be pro- ided at the public hearing. r each activity that is proposed, at least 70% of the funds must benefi low and moderate income persons. n developing an application for submission to DCA, the City must Plan t inimize displacement of persons as a result of planned CDBG activities. In ddition, the City is required to develop a plan to assist displaced persons. e public hearing to receive citizen views concerning the community's Council eeting omit and community development needs will be at the 7 eld in the City of Okeechobee Council Chambers on Tuesday, February 012 at 6:00 p.m. The meeting will be held at the Okeechobee City Hall, 5 .E. 3rd Avenue, Okeechobee. For Information concerning the public hear- ing, contact the City Administrator's Office or telephone 863-763-3372. e public hearing is being conducted in a handicapped accessible location. ny handicapped person requiring an interpreter for the hearing impaired o e visually impaired should contact the (Pty Administrator's Office at lea ve calendar days prior to the meeting and an interpreter will be provided. y non-Erglish speaking person wishing to attend the public hearing shout ontact the City Administrator's Office at least five calendar days prior to the eeting and a language interpreter will be provided. To access a Telecom umcation Device for Deaf Persons (TDD) please call 1-800-955-8771. An andicapped person requiring special accommodation at this meeting shoul ntact the Gty Administrator's Office at least five calendar days prior to th eebng. 8640 ON 1/27/2012 wOTARY PUBLIC -STATE ORFlK1Di; Angie Bridges :Commission # DD779718 �•�� Expires: APR. 20, 2012 EONDED THRU ATLANTIC BONDU40 CO,, INC. DMIBIT 1 ftB 7, 2012 RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 06-04 BY REVISING THE DELEGATION OF AUTHORITY TO SIGN THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE MAYOR, CITY ADMINISTRATOR, AND FINANCE DIRECTOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is required by law to file a Public Depositors Report with the Treasurer of the State of Florida; and WHEREAS, the Florida Administrative Code, 69C-2.032, requires proof the individual executing the form(s), is duly authorized to execute form(s) on behalf of the City of Okeechobee. NOW, THEREFORE, be it resolved, before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. The City of Okeechobee hereby grants the delegation of authority to the Mayor, City Administrator, and Finance Director, to sign the Public Depositors Report, on behalf of the City of Okeechobee, for submission of the report to the Treasurer of the State of Florida. SECTION 2. This Resolution shall supersede all prior adopted resolutions. SECTION 3. If any section subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 71h day of February, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-01 Page 1 of 1 • EXHIBIT 2 ftB 7, 2012 RESOLUTION NO. 12-02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ESTABLISHING A FUND BALANCE AND RESERVE POLICY FOR THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee desires to establish a Fund Balance and Reserve Policy consistent with the Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Government Fund Type Definitions (GASB 54); and WHEREAS, such a policy has been prepared and a copy thereof is attached hereto. NOW, THEREFORE, be it resolved, before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. The City Council hereby adopts the "City of Okeechobee Fund Balance and Reserve Policy," attached hereto as "Exhibit A," and hereby directs the City Administrator to implement said policy. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 3. Effective Date. This Resolution shall be effective as of September 30, 2011. INTRODUCED AND ADOPTED in regular session this 7" day of February, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-02 Page 1 of 2 RESOLUTION NO. 12-02 — EXHIBIT A City of Okeechobee FUND BALANCE AND RESERVE POLICY PURPOSE To establish a policy to remain in compliance with new accounting standard Governmental Accounting and Financial Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions (GASB 54). Fund Balance shall be composed of non -spendable, restricted, committed, assigned and unassigned amounts. DEFINITIONS Fund Balance — As defined by the Governmental Accounting, Auditing and Financial Reporting of the Government Finance Officers Association, fund balance is 'the difference between assets and liabilities reported in a governmental fund." Non -Spendable Fund Balance --Amounts that are (a) not in spendable form or (b) legally or contractually required to be maintained intact. "Not in spendable form" includes items that are not expected to be converted to cash (such as inventories and prepaid amounts) and items such as long-term amount of loans and notes receivables, as well as property acquired for resale. The corpus (or principal) of a permanent fund is an example of an amount that is legally or contractually required to be maintained intact. Restricted Fund Balance — Amounts that can be spent only for specific purposes stipulated by (a) external resource providers such as creditors (by debt covenants), grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation. Committed Fund Balance — Amounts that can be used only for the specific purposes determined by a formal action (resolution) of the Council, the Council's highest level of decision making authority. Commitments may be changed or lifted only by the council taking the same formal action (resolution) that imposed the constraint originally. Assigned Fund Balance— Includes spendable fund balance amounts established by the city Administrator of the Council that are intended to be used for specific purposes that are neither considered restricted or committed. Unassigned Fund Balance — Unassigned fund balance is the residual classification for the general fund. This classification represents fund balance that has not been assigned to other funds and that has not been restricted, committed, or assigned to specific purposes within the general fund. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceed amounts restricted committed, or assigned for those specific purposes. POLICY The classifications of fund balance between Non -Spendable, Restricted, Committed, Assigned and Unassigned shall be reviewed annually during the preparation of the annual financial statement based on definitions above. The Finance Director will make recommendation to the City Administrator and Council for classification of funds for assigned fund balance and committed fund balance, respectively. Funds to be classified as Committed require a resolution to be approved by the Council to commit and un-commit the funds to the classification. Funds to be classified as assigned require City Administrator approval. Resolution No. 12-02 Page 2 of 2 • �IS+�' 1��� 2/7/2012 r% (rf ,�� a,,jt'j - X& h: l unii IiAII1I]CC s 41 " 21 Fend balance rep(A ing GASB 54 Long Term Punning Prudent Non -spendable 1 Restricted Committed Assigned Unassigned 1 • 2/7/2012 Non -spendable i Restricted— +oined r),' - i i •_ . l.r- i;, Gi, ';, BondhCl(:e r Committed - C, nsirained fry i lei: el of Assigned - it it dea r :_ ific Unassigned - Fc-mainaer "i 'or::l Few General Fund - Operating Public Facility Fund CDBG Fund Capital Vehicle/Project Fund Capital Impact Fee Fund Law Enforcement Fund I General Fund - Operating $3,030,447 Public Facility Fund $ 527,883 CDBG $32 Capital Veh/Prof Fund $6,029,781 Capital Impact Fee Fund $76,750 Law Enforcement Fund $2,608 2/7/2012 (ArrlpnW) fAb�.a tAWpNQ �" �I,at,7f1 1 (Ariy�d) wAa /ff ad.rK. ana ;i Spendable fund balance amounts established by City Administrator i intended for a specific purpose. Cash flow - to pro'iC,_ �- :h rlr,•� rc l 1c :f eiutior 4-, t I of ad al_re , _ 1 ., f ,he r Ioigeied f�,. -I �,� �ltu r�s e, , approximately, c_:Al IF e for is"Jr),,(. FY Budget 2012 @ $5,278,838 x 20% $1,055,767 Spendable fund balance amounts established by City Administrator intended for a speck purpose. Emergency - he City me I-i i f )�vl alance �u rl to l0, of I tcl I ��.1 i t l Fluting r xt- i— 'ry the put[ . f e,nlit-] io iatui ;l and man -mace i - e, rri at I_"s trr pical nc n �v C1 otoer natC'c FY Budget 2012 @ $5,278,838 x 10% $527,883 • • 2/7/2012 CPdi Now ..., (Awlp�aP) 51,P6i,ifl � , (A dVwI l xtvna� Wed �daau PPP NaPl. (MNPMt�)✓ eP�n rt.P (AwpnM / e J1 (A.M. '• •. � f�tt.�p / tans PdweP arw x..a i (Mdw.* ..*kw Spendable fund balance amounts established by City Administrator intended for a specific purpose. Budget Stabilization A,.q,n •-r,I iL_l -,, ,, L .:.I,•. .i c-xl r ,.. l 'a 1 il,.ifz i TI-i r r,e t. YI f , 1 rlc l !Inr ,. lit J 1� 11r II Il CC Wil%'il l,'I I lip II li � FY Budget 2012 9 $5,278,838 x 15% $791,825 Restricted funds are to be used for a specific purpose based on limitations (restrictions). The restricted funds should be utilized first based on the designated use (legal or required), and as budgeted. t lip 1 lit; I (a I »: F_cv. . I hint I r r �l i dl 11-1 rrii 4 0 0 2/7/2012 -7 1 "A N- IA,dtln.dJ (Aalpwd) J SSaAo J `` tld.ne .na prt,tlx .ditw C.A Nsw,...,... iMdtl^bi lt:.tleu] /j tlnwdyn.d> ! � (MJymd) w- I d.n —d N..dt ee.wMS. d:. m,.m/I,f wAid.d ,. wf.w ! Amounts that can be used only for specific purposes as designated by the highest level of authority. r, , _ [ I t,mr of purcl rfeJ �aojec's Residual classification for the General Fund including Capital Vehicle/Project Fund. P^ir iin -iti, If ",of budgeted Enl rir C cll F i l(i 1n provei nerit I sh of ck pieccc�,tr a r.s F1 2/7/2012 fl w (Aalyn.d) C—nW". �. s�+su adk,.a". sw,m / 1 Approval of GASB 54 Resolution No. 12-02 Fund l�alancc Pt�llcv R Date Description 1/10/2012 Case #11-119 Brief History on Property E 9/22/2010 Case #10-090 8/9/2011 Case #11-070 11/16/2011 Case #11-119 2/7/2012 City Council 0 Code Enforcement Board LXHIBIT 3 Case: Cody Brown 813 SE 3rd Street Okeechobee FL. 34974 RB 7, 2O12 Recommendation to City Council to proceed with Foreclosure Violation/Situation Action Taken Public Nuisance/General cleaninf Board declared property a public nuisance/repeat violator/recommend foreclosure to city cound The structure located at this property had major damage basically to the interior and attic areas sometime early 2008. Shortly after the fire, no activity or repairs were being noticed by code enforcement and eventually the structure needed to be secured to prevent entry and the grass and weeds began to get out of control due to lack of attention. Code enforcement officer Sterling eventually found someone associated with the property and tried to work with them. The property actually belonged to a minor at the time and the lady who was the guardian was the contact Mr. Sterling was dealing with. The property initially was getting some attention at the last minute prior to going to code board but contacts eventually would not be available. The property had a lien placed agains by the code board for 50 dollars per day starting in October of 2008 until compliance. Compliance did not occur until March of 2009 in which the fine totaled 7,400.00 dollars. Structure was secured and property cleaned at this time. The property continued on in this fashion without further fines with the following: Sent a code violation for unattended vegetation Complied October 11th, 2010 Property had to be posted due to no contact. Similar violation No contact/posted property. In compliance on August 31st, 2011 Same violations No compliance at this time. Property posted again. See First Case above for details. CEB recommended foreclosure to city council Case #11-119 Cody Brown rd 813 SE 3 Street Ch 30-43 Public Nuisance i Ch 30-Sect 30-44 General Cleaning & Beautification • Information on previous case. • 10/20/2008 — Fine on case #08-122 started at $50.00 per day. • 03/17/2009 — Property came into compliance. Fine stopped. Fine total $7,400.00. • Information on current case. • 11/17/2011— Posted property with Notice of Violation. Violation #11-119. Repeat violator. aring. EXHIBIT 4 ftB 7, 2012 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO. CITY ADMINISTRATORS OFFICE 55 SE 3 RD AVENUE OKEECHOBEE, FLORIDA 34974 NAME: ADDRESS: TELEPHONE: FAX: 16-1 MEETING: REGULAR ;R SPECIAL C) WORKSHOP 0 DATE: -------, PLEASE STATE THE ITEM YOTq WISH TO HAVE PLACED 0,N THE CITY COUNCIL AGENDA:. PLEASE STATE W HAT DEPARTMENTS) YOU HAVE WO RKE D W ITH: PJ�ASE'.STATE DESIRED ACTION B THE CITY COUNCIL: el' PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTA TION IS TO B E MADE, PLEASE LIMIT T HE TIME TO TEN M INUTES U NLESS OTH ERWISE APPROVED BY THE MAYOR. SIGNED BY: DATE: CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Pacro I of A Date Received: I-(p-12 Date Issued: Application No: Date(s) of Event: Auti,&k ic, tj -ro I Fee: Date Paid: ►J/A Information: Organization: .,.,i�.?,d Tax Exem tNo: 1',- Mailing Address: I i e- Contact Person:- E-Mail Address: Telephone: Work: - .I.I- ----- Home: Cell:IF Summary of activities: '5pe—e-,414,-k wilt L)�— + Vxe, 'k- Pf c I-eA t 4P- J- 4" Ar-A -e-rV16 , '::4r Clp+C' WE LZ -.I 449N�"J-a, &\- rroceects usatie: Please check requested Parks: Flagler Parks- Ei City Hall Park Address of event: Parcel H)-. o #1 Memorial Park - ,k-#2 A*3 7�04 o #5 ED #6 OR TEMPORAR.a oTREET AND SIDEWALK CLOSL,%" INFORMATION If not using Park(s), provide event address: Street Address - City State Zip Code Streets to be closed:— k t 4..,.rJ L-A- t. fi Date(s) to be closed: Time(s) to be closed: Purpose of Closing: Attachments Required: Charitable Function Tem ora Street and Sidewalk Closing i► Site Plan ►- Original signatures of all residents, property owners and business owners affected by the closing._ Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. *Proof of non-profit status h► If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be lo►Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ir► State Food Service License, if applicable. I ► State Food Service License, if applicable. 0, State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note.- lr Clean up is required within 24 hours. • No alcoholic beverages permitted on City property, streets or sidewalks. it No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). lo, The Department of Public Works will be responsible for delivering the appropriate barricades. Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the anolicaut. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. 1--� �''1,a`.7'L,l..i.,t .--tt..s{..u'._Lo•i l-,A-t.1_f 1 ` ir' `� .✓ Applicant Signature Staff Review Date +000*OFFICE USE ONLY•••• City Engineer- ( Date: Fire Department: Date: CAV tTdn201A Building Official: Date: - 3 Public Works: ' Date: % - 3 -F a Police Department: Date: / %- BTR Department: _1Y A Date: City Administrator: Date: / z-3 City Clerk° tA C't Date: / -,XC) NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on _ Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date 0 0 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION PajFe I of 3 Date Received- Date Issued - Application No: Date(s) of Event: _V-- i Fee: '/A Date Paid: Information: Organization- Tax Exempt No: Mailing Address: ht Contact Person: E-Mail Address: C Telephone; Worn: Home: Cell: I 'zi,' Summary of activities: Tc�p ,F jqr+ ct-" (aze, c +- - u-) �-e' I k-L lAre-J( +-vynS- 1,-StLr4,z'v4,s ky+ cvcez' C'k-- i+"-jk-" VU. It Lklemu- I '-X- ire't— -44,IaA- w"(1 nA--05 ilicAorke" rrocceas usage-, X Please check requested Parks: Flagler Parks: o City Hall Park m #1 Memorial Park -A#2 #3 A#4 Ei #5 Ei 96 OR Address of event: Parcel ID: TEMPORAIe .iTREET AND SIDEWALK CLOSi, ,"' INFORMATION If not using Park(s), provide event address: Street Address Cityt State Zip Code A. `y Street(s) to be closed: _ Z--3; A It"I-4 y-4-1- 40,Pv,"-e-3-- Date(s) to be closed: 0 f) � � �� e , � - � �_ z�� S Time(s) to be closed* Purpose of Closing . i — Attachments Required - Charitable Function V Temporary Street and Sidewalk Closing Site Plan ► Original signatures of all residents, property owners and business owners affected by the closing._ b t Copy of liability insurance in the amount of ►► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. 1r Proof of non-profit status be,, If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be *Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. b, State Food Service License, if applicable. ► State Food Service License, if applicable. 1► State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: 1b, Clean up is required within 24 hours. l► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). 0- The Department of Public Works will be responsible for delivering the appropriate barricades. l► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. i Applicant Signature Staff Review 4- 1 '.Y Date ***#,OFFICE USE ONLY,**#* City Engineer: Date: Fire Department: _ Date: pip IA Building Official: Date: - - 7j i Public Works: Date: /-.� Police Department: Date: BTR Department: Date: - -r City Administrator: Date: z3 Z CityClerk: e - - � L C. Date: /- - Q jc') NOTE: APPLICATION AND INSURACE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Page I of Date Received: I- to-10 Date Issued: 003 Date(s) of Event: I -Ap Fee: rllp Date Paid: N/pr Information: Organization: iy Mailing Address: I Contact Person: E-Mail Address: Tele hone: -7 Work: Home: Cell: Summary of activities- U14-C J-A- -- i . .. . ...... �n_ tS' e (�-rv-n f �'— + ),V-" -,A rroceeas usaae,. Please check requested Parks: Flagler Parks: o City Hall Park c3 41 Memorial Park X.#2 A#3 -X#4 Ei #5 o #6 OR Address of event: Parcel H)-. TEMPORAR _ STREET AND SIDEWALK CLOSL ..i INFORMATION If not using Park(s), provide event address - Street Address City State Zip Code Ll d A Set s) t treo be closed- _3rek__It,4 , Air, Date(s) to be closed. I ?.y�,> -IryY't CPri�'4 �i 3' / Cat, �^f.�.�•y % Time(s) to be closed-_�� Purposeof-Closing- e..3 Attachments Required: Charitable Function _ Temporary Street and Sidewalk Closing 1M- Site Plan lr Original signatures of all residents, property owners and business owners affected by the closin . )► Copy of liability insurance in the amount of * Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. b►Proof of non-profit status ► If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be b, Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. �► State Food Service License, if a licable. ►State Food Service License, if applicable. i► State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Dote: • Clean up is required within 24 hours. lr No alcoholic beverages permitted on City property, streets or sidewalks. • No donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). lo� The Department of Public Works will be responsible for delivering the appropriate barricades. * Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. Applicant Signature Staff Review Date * #"*OFFICE USE ONLY"" City Engineer. N ` Date: Fire Department: Date: Q Building Official: Date: Public Works: A04 Date: Police Department: Date: BTR Department. Date: City Administrator: Date: City Clerk: Date: NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION PaLye I of 3 Date Received: -E Date Issued: Application No: oc)4 Date(s) of Event: Fee: Date Paid: Information: Organization: ;V Tax Exempt No: Z z .7 Mailing Address: )o J\')c -4k7'i S+-- Contact Person: E-Mail Address: Telephone - Work: 1 5-.. --1. 1 Home: cell: I `EL Summary of activities: Ci hiv i zi s ve- 1-11 -P rroceeas usage: vjz� c i j.-, ci e.-) e. Please check requested Parks: Flagler Parks: o City Hall Park o 41 Memorial Park X#2 X43 X#4 o #5 Ei #6 OR Address of event: Parcel ID: TEMPORAR _ 6'TREET AND SIDEWALK CLOSE i G INFORMATION age 2-6-0-7 1 If not using Park(s), provide event address: Street Address City State Zip Code t, lr Streets to be closed__ ; . � rF,��;. ti4i,., �,0_1•) Date(s)to be closed: ti...>�..►� �,.+ �r..>h:�h:�.,;j,4 �..,.; - Time(s) to be closed:Purpose Of Closing: 1--',A s eie'ie f Attachments Required: Charitable Function Temporary Street and Sidewalk Closing *, Site Plan * Original signatures of all residents, property owners and business owners affected.by the closing. *, Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. *,Proof of nonprofit status * If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be *Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. State Food Service License, if applicable. ►State Food Service License, if applicable. *, State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: 1* Clean up is required within 24 hours. tr► No alcoholic beverages permitted on City property, streets or sidewalks. i► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). *, The Department of Public Works will be responsible for delivering the appropriate barricades. * Dumpsters and port -owlets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. — 0 Page 3 of I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. Applicant Signature Date ""OFFICE USE ONLY"" Staff Review City Engineer: Date: Fire Department: Date: a LkHIBIT 5 ftB 7, 2012 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 2.18 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Received: 1— 9 - f Date Issued: Application No: w G Date(s) of Event: -- Fee: Date Paid: Information: Organization: I N -1 i C%LLKh Tax Exempt No: Mailing Address: 1 's;x 4 � CL �t�t7i Contact Person: v cc ` t. t kajl}_`3 cC�il(3�'►i�.� �i " C }G,r E-Mail Address: (, cf Tola..h.,,,o• Work: Q5 Home: ICell: Summary of activities: i_ r 4 Via, `LAJ L t } rroceeas usage: bo h ' - - Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ 145 ❑ #6 OR Address of event: C 3w yt-fl sFL 3tr7� �NCfte 0 qk. 60-&"t `V6 Parcel ID: age TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: Street Address City State Zip Code Streets to be closed: 4V-�. 6tiQ,4- 6 i ULgr1 tt - (04-k. � it f►t Dates to be closed: E F ` a , }I ` LS Tinie(s) to be closed: 10 ' [ f�rr) e of Closing: Attachments Required: Charitable Function Temporary Street and Sidewalk Closing ® Site Plan 0 Original signatures of all residents, property owners and business owners affected by the closing, ls► Copy of liability insurance in the amount of ® Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. h Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be ®►Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ® State Food Service License, if applicable. h State Food Service License, if applicable. ® State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: O� Clean up is required within 24 hours. ® No alcoholic beverages permitted on City property, streets or sidewalks. ® No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ® The Department of Public Works will be responsible for delivering the appropriate barricades. 0� Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and. shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. 0 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAM TA-RY TRUST ADDITIONAL INSURED.2 & I a_ ' qj /,.7, Applicant Signature Date ®`"OFFICE USE ONLY"""" Staff Review City Engineer: Date: Fire Department: Date• Building Official: Date: Public Works: Date: Police Department: ,, Date: BTR Department: Date: City Administrator: Date: City Clerk: Date: - NOTE: APPLICATION AND INSURANCE JERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on. Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, 'TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION P� 1 .r 2 Date Received: _ q- l Date Issued: Application No: 00 5 Date(s) of Event: Fee: tA A Date Paid: Information: Or6anization: �' } ► Tax Exem t No: Mailing Address: Contact Person: `p �; l C�� ►C��t- 1�� �CtC E-Mail Address: Aim J Home: Summary off activities - MEN I I Cell: rroceeas usage: .Please check requested Parks: k)/1 Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ #5 ❑ #6 OR Address of event: Parcel ID: TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: Street Address City State Zip Code Street(s) to be closed: LUVI 4 Dates to be closed: & 1TV1,V_ _) 0 o Time(s) to be closed: T c i Aly-1 - `T.00prn Purpose of Closing: d c. v -)A- ? F Attachments Required: Charitable Function Tem orary Street and Sidewalk Closing ® Site Plan ® Original signatures of all residents, property owners and business owners affected by the closing. ® Copy of liability insurance in the amount of ® Copy of liability insurance in the arnount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. ® Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be 0-Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ® State Food Service License, if applicable. ® State Food Service License, if applicable. ® State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: p► Clean up is required within 24 hours. ® No alcoholic beverages permitted on City property, streets or sidewalks. ® No donations can be requested if any type of alcoholic beverages are served on private propertybusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). @► The Department of Public Works will. be responsible for delivering the appropriate barricades. f- Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HA.MRICK TES AM TARY T ST S ADDITIONAL INSURED. Applicant Signature Dad ®°••OFFICE USE ONLY®"® Staff Review City Engineer: jl Date: Fire Department: Date: Q t Building Official: Date: Public Works: Date: - -1 9x Police Department: ZZ,--- Date: BTR Department: _ Date: — City Administrator: Date: City Clerk: Date: _ D-19C,1, NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Received: j_ - j N Date Issued: Application No: (1 143 Date(s) of Event: tham 16--Qo' Fee: Date Paid: t` Information: Organization: I 1 -<A q ,f^ Tax Exempt No: Mailing Address:` IIt of u, 04whoha, 3qCDq Contact Person: � Rec-reoch p: 4 E-Mail Address:-r ,4 U. l( t ete none: Work: Home: Cell: Summary of activities: 1 1 ' _ R it Epp 1 Wrom Proceeds usage: (lovrc Please check requested Parks: , } Flagler Parks: ❑ City Hall P rk" ❑ #1 Memorial Park ❑ #2 ❑ 43 ❑ #4 1145 ❑ #6 OR Address of event: Parcel ID: O TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: Street Address City State zip Code Streets to be closed: Ll 4 . (eL_{ (yam �� , Date(s) to be closed: /c; , �qc ' Time(s) to be closed: E-] `. Ci( Ga.l Purpose of Closing: �4s>.(r3 1►_a rig r e filli i1- it ineE i Attachments Required: Charitable Function —Temporary Street and Sidewalk Closirn ® Site Plan is Original signatures of all residents, property owners and business owners affected by the closin T. ® Copy of liability insurance in the amount of loo- Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. ® Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be !►Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ® State Food Service License, if applicable. 00- State Food Service License, if applicable.- 0- State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: ® Clean up is required within 24 hours. ® No alcoholic beverages permitted on City property, streets or sidewalks. Ps- No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ® The Department of Public Works will be responsible for delivering the appropriate barricades. 10- Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that:l am the duly authorized agent of the organization. I agree to conform with, abide by aiad obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAME TARY T I ST S ADDITIONAL INSURED. Applicant Signature Date ""OFFICE USE ONLY"""" Staff Review City Engineer: _ (� i _ Date - Fire Department: Date: Q Building Official: Date: Public Works: Date: Police Department: �✓ Date: BTR Department: _ Date: City Administrator: Date: City Clerk: n — Date: NOTE: APPLICATION AND INSURA CE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL. EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Received: —q1- t-;� Date Issued: isG1 U1J Application No: 061 Date(s) of Event: Fee: Date Paid: N ' Information Organization: 4 CbLAAECh I Tax Exempt No: < Mailing Address: Q _, q+161ca-f. eeh hkC �'—� , z Contact Person: �4 t (fir fCLf7f� f�Ql� rE?���f'IonabC{�eC:' * — E-Mail Address: �- � f' s e Zjf 1 G1G llV11G: Work: r7.- rife ` IHome: Cell: Summary of activities- ��rt�.1/.:� i AR OR MAN WAM1 1 FORM Proceeds usage: Please check requested Parks: N �" Flagler Parks: ❑ City ltall arK ❑ 91 Memorial Park ❑ 42 ❑ 43 ❑ #4 ❑ 45 ❑ #6 OR Address of event: Parcel ID: TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If nojjt uCCsingj Park(s), provide event address: f� ( (jy-�, ( /I h � i �hlS.r N`� f Y(, ( ) E V V f. l fp f-_ . t i F-' ! ,•/ Street Address City State Zip Code Streets to be closed: ;#�uktZeh f� V+ r . = L 2G{ q (_ Dates to be closed: t ` ; — l' ` -S, ' Time(s) to be closed: f — Ft;' 7 t - Purpose of Closing: J Attachments Required: Charitable Function Temporary Street and Sidewalk Closing ® Site Plan ® Original signatures of all residents, property owners and business owners affected by the closing. ® Copy of liability insurance in the amount of 0- Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. ® Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be 0- Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. 0- State Food Service License, if applicable. ® State Food Service License, if applicable. 0- State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: 0- Clean up is required within 24 hours. ® No alcoholic beverages permitted on City property, streets or sidewalks. ® No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). O� The Department of Public Works will be responsible for delivering the appropriate barricades. 10- Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECIIOBEE AND R.E. HAMRICK TESTAMENT Y TRUS_ AS #DDITIONAL INSURED. Applicant Signature Date ®"OFFICE USE ONLY®"" Staff Review City Engineer: _ Date: Fire Department: Date: Q Building Official: Date: - Public Works: Date:-�?-( Police Department: / Date: BTR Department: Date: City Administrator: Date: • City Clerk: ; Date: %1 NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date CITY OF OKE ECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Page 1 of 3 Date Received: —Ci -j Date Issued: Application No: Fee: Ci O(a Date(s) of Event: Date Paid: jue) V by � Information: Or anizatio! Tax Exempt No: Mailin Ad � 7 t[(-�i�%�/ Contact Person: %� tr� r 4, oit7'( f7 E-Mail Address: tct.irrt'_ Telephone: Work: 140 - 74Q Home: Cell- Summary of activities: Gt; bcfery Proceeds usage: no, nhaza� Please check requested Parks: Flagler Parks: ❑ City Hall Address of event: Parcel ID: PY, ❑ 91 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ #5 ❑ #6 OR TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: t Street Address City State Zip Code Street(s) to be closed: ; Q _JU .,jon Dates to be closed: �' ' : J� i Q Time(s) to be closed: c Purpose of Closing: tf-la- ":j(,uy + --fit` J J J Attachments Required: Charitable Function Temporary Street and Sidewalk Closing �® Site Plan ® Original signatures of all residents, property owners and business owners affected by the closin . ® Copy of liability insurance in the amount of ® Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. O� Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be P- Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. 0- State Food Service License, if applicable. ® State Food Service License, if applicable. -- Po- State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: ® Clean up is required within 24 hours. ® No alcoholic beverages permitted on City property, streets or sidewalks. Plo- No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). 0� The Department of Public Works will be responsible for delivering the appropriate barricades. 0- Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, tire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. age I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that l am the duly authorized agent of the organization. [ agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. IIAMRICK TESTAME TARP TR ST ADDITIONAL INSURED. I loci Applican Signature Date •°®•OFFICE USE ONLY®®® Staff Review City Engineer: _ Date: Fire Department: Date: Building Official: 01 Date: j - -� Public Works: �- ti Date• _,� 3 Police Department: Date: --� BTR Department: City Administrator: City Clerk: Date: Date: Date: / � rZ - NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date NDEPENDE NEWSPAPERS M OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite L7, 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, tha khe attached copy of advertisement being a ;' `V "r in the matter of4�. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of - 11<) 7/1.)-- 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 advertisemen�ublication in the said newspaper. r � - r ,O- r Tom Byrd Sworn to and subscribed before me this r4 X/ day of ___- �' __ _ AD fIj Notary Public, State of Florida at Large r PUBIR-STATE OF F1 kb;; Angie Bridges Commission # DD77971 S •' Expires: APR. 20, 2012 THRU ATLANTIC BONDING CO., INC. (863)763-3134 rncnutC ztem� fl, TICE IS HEREBY BIYEN that the Okeediobee City Coundl wIN m sed BeaNre Session .lo disam pendn9 adoinbtratlue proceecM ho the Ntlgatlms to Carta Idem o Advertising Inc., Y. the City hobea and Centennial Buikkrs or Lee CountyInc., v. the Oly hobee. roproposed Bamitim Session will be held on Tuesday, February NwM�99 the Reow Session, at 6:00 p.m. or as soon thaealter e atiay Nall, 55 SE 3rd Aa mie, Couuil Chambers Room 200. to NNgations�be� � �yay� a y�j� s of Lee County Inc. ng. Inc, and CaReru toe t6 hereby 9h"en Mat the following will be in attendance: Mal as • �-7 la m1nufe f `,.oc•okpE " City of Okeechobee Speedy Message Office of the City Clerk 863-763-3372 ext. 215 To: Court Reporter Date: February 7, 2012 Attached is a copy of Florida Statute 286.011, which gives specific instructions on how to carry out the executive session and transcription. F.S. 286.011 paragraph (8)(c) reads the entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporters' notes shall be fully transcribed and filed with the City Clerk within a reasonable time after the meeting. Please forward the transcript only, in a sealed envelope with the outside clearly marked as "February 7, 2012 Executive Session, Carter Pritchett Advertising, Inc. and Centennial Builders of Lee County, Inc. vs. City of Okeechobee." The transcript is not allowed to be opened for any reason until the litigation is over: City of Okeechobee, Attention: Lane Gamiotea, City Clerk 55 SE 3`d Avenue, Okeechobee, Florida 34974 Please do not put the invoice inside the envelope with the transcript as it cannot legally be opened. The invoice for both attending the meeting and transcribing the session should be mailed to: City of Okeechobee, Attention: Robin Brock 55 SE 3d Avenue, Okeechobee, Florida 34974 I've also attached a copy of the advertisement listing the names of persons allowed to be present at the meeting so that you will have the correct spelling of each name. Thank you, CIVIC cc: Robin Brock Billboard Litigation File Executive Session File Gk perf(N r]CP3 6(9g8 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2011 Go The 2011 Florida Statutes Title XIX Chapter 286 View Entire Chapter PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or format action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shalt be promptly recorded, and such records shalt be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such http://www.leg. state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=... 2/7/2012 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 • • board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney -client session and the names of persons who wilt be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney -client session and the names of the persons attending. At the conclusion of the attorney -client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.—s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93.232; s. 210, ch. 95-148; s. 1, ch. 95-353. Copyright © 1995-2012 The Florida Legislature • Privacy Statement • Contact Us http://www.leg. state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=... 2/7/2012 NOTICE OF CLOSED EXECUTIVE SESSION BY THE CITY COUNCIL, OKEECHOBEE, FLORIDA NOTICE IS HEREBY GIVEN that the Okeechobee City Council will meet in Closed Executive Session to discuss pending administrative proceedings regarding the litigations of Carter Pritchett Advertising, Inc., v. the City of Okeechobee and the Centennial Builders of Lee County, Inc., v. the City of Okeechobee. The proposed Executive Session will be held on Tuesday, February 71 2012, following the Regular Session, at 6:00 p.m. or as soon thereafter as possible at City Hall, 55 SE 3rd Avenue, Council Chambers Room 200. The discussion shall be confined to settlement negotiation or strategies relating to litigation filed by Carter Pritchett Advertising, Inc., and Centennial Builders of Lee County, Inc. Notice is hereby given that the following will be in attendance: Mayor James E. Kirk, Council Members Devin Maxwell, Mike O'Connor, Dowling R. Watford, Jr., Clayton Williams, City Attorney John Cook, City Administrator Brian Whitehall, City Clerk Lane Gamiotea and Attorney Robert C. Shearman of Henderson., Franklin, Starnes & Holt, P.A. A court reporter will be present to record the session and the transcript shall be made part of the public record upon conclusion of the litigation. By: Mayor James E. Kirk, as duly requested by City Attorney John R. Cook, Esquire, and allowed by Section 286.011, Florida Statutes. The Updates! �?-7- I' from the City Administrator's Desk mcn uf9- -fd� SS SE 3rd Av., Okeechobee, FL 34974 1916° City Council meeting of February7, 2012 • Public hearing on the Applebee's project — Staff met w/ Applebee's rep, Hampton Inn and engineers and on the Agenda is the first step to proceed w/ a City grant to inevitably install an access left turn lane on SR 70. Here's the timeline and it's extremely aggressive but we think doable. Applebee's expect to be open by March 19 . -First Public Hearing Advertisement in Local Newspaper - Wednesday, February 1 st -First Public Hearing - Meeting on Tuesday, Feb. 7th -CATF (Citizens Advisory Task Force -Code Bd acting as a review Bd) Meeting — 2/13/12 -Second Public Hearing Advertisement in Local Newspaper - Wednesday, Feb. 15th -Second Public Hearing - Meeting on Tuesday, February 21st -Submittal to DEO - By Feb. 29th -DEO Review time and site visit - by the end of March, 2012 • Carter Pritchett Advertising v. City billboard issue on Aaenda for a Closed session — You were provided w/ a copy of the Mediation Agreement and given Atty Bob Shearman's analysis of the case. Mr. Shearman will be at the closed session to review the particulars. • Florida Public Utilities Franchise Ord #1081 2"d Rdg was rejected at the 1/17/12 mtq pending additional information— We've continued analyzing other natural gas franchise agreements including soliciting info from existing FPU customers. Here's an example of Inverness's input: The Franchise Agreement must: Define restoration of easements where lines are placed Define the process to advise the City of when and where lines will be installed Define the responsibility for the company to notice property owners of work that will be performed Define the service area or territory of the City for remittance of fees associated with the new company If possible, include an incentive clause of when and where they will place service lines and offer service You don't want to issue a Franchise and then have no action • Proposed park at SE 6th Av and SE 7th Street — As soon as we have complied the minutes and the suggestions from the 1/23/12 mtg it will be made available. (Comm members incl: Daryl Roehm, Steve Nelson, Jamie Gamiotea, James Causier, Pat Mullins, Toni Doyle, John Creasman, Phil Baughman and Frank DeCarlo) • CDBG for housing repair grant — You heard at the last meeting about the progress to date on the program. Nancy Phillips will be at the meeting to review the grant for the Applebee's SR 70 project and while there isn't a lot to report, if the Council wishes to quickly digress to this grant I'm sure she would have no problem w/ that. Page 1 I uvm, uVuvartyi v icuntumy_— on ine Agenda is Kesolution #12-01 217112 Activity Rpt Cont'd - Chamber building and IRS — have sent the below email from Congressman Rooney's office prior hereto. I'ts only been a few days but have heard nothing official from the IRS. This email came into our DC office this morning at 9.•49 A.M. from the IRS liaison we were working. This sounds like good news and hopefully in the next few days this will all be completely resolved and the City will again have ownership and use of the building. Again, the message below came directly from the IRS. From: Kevin Smith, IRS Office To: Hannah Sent: Monday, January 30, 2012 9.•49 AM Subject: RE. City of Okeechobee Case files After full consideration of all the facts and circumstances of the case, we have decided not to offer the leasehold interest for sale and will be releasing the property under seizure. The Property Asset Liquidation Specialist will be coordinating the release of the property and will be providing required notice to the taxpayer and to the City of Okeechobee. She will also facilitate the return of the keys for the property directly to the City of Okeechobee. Sherry McCorkle Office of Congressman Tom Rooney FL-16 Chamber lease — Please find the marked up proposed lease enclosed in the packet for your review. I would appreciate your remarks after which time I can provide a draft for the Council to consider... possibly as early as next meeting, pending Atty Cook's input and fruition of the IRS release. Legislative updates — The State is in full swing and there's been a cpl of Bills where we have taken a defensive position. See India's activity rpt. Concerning repealing municipal authority to continue the Bus Tx Receipt. FLC comment to the City: Thank you both for your efforts to help us defeat the effort to repeal the local business tax. It was great to see so many city officials make their voices be heard on such an important issue. Your lobbyist did a great job of engaging on the issue by visiting legislators and speaking against the bill in committee. We really appreciate your involvement in the League and for your service on behalf of your citizens and the state of Florida. Scott Dudley, Legislative Director, Florida League of Cities City Clerk +P.'�' — reception at the Fire Dept w/ the Historical Society to recognize the 'wall of honor' of former Fire Chiefs. • Procedure in the event of an election tie —Recall that the Council's request was to investigate minimizing the number of days to hold a subsequent run-off Special Election. Finance: • Finance Director general activity report — is attached. • Public depository reporting — on the Agenda is Resolution #12-01 essentially giving the Mayor, Admin and Finance Dir the authority to certify to the State as to the public depositor report, a form required by the State. Page 2 217112 Activity Rpt Cont'donlance) - 5I • Fund Balance categorization method - Resolution #12-02 is on the Agenda as mentioned in previous memos. The Govt Acctg Standard bulletin (GASB) #54 recommends designating uses for municipal reserves (the fund balance). There's a memo attached hereto and FD Riedel will give a short power point on the matter. Fire Dept & Code Enforcement: • Nuisance properties in Dean's Ct - In June 2011 the City passed a Resolution advocating a County DREF (Disaster Recovery Enhancement Fund) grant for funding demolition of dilapidated properties. In Sep 2011, I received great news from Admin Chartier that as part of demolition project some six dilapidated bldgs within the City would be funded. Unfortunately, according to grant Admin Debbie Belcher, they are still waiting on DEO to execute the approved project documents. The City, on its own, demolished the two northern most houses (south of IRSC) which were part of the project but in turn, will provide funds for other nuisance properties. Of course, I didn't realize in June that it would be taking this long, as the Code Enf Dept had secured appropriate owner documentation for an additional parcel. • Code Enf recommendation on foreclosure - on property at 813 SE 3`d St. Pls see Exhibit to the Agenda for information. General Services: • Tech Review Comm (TRC) 1/19/12 mtq -reviewed a proposed cafe request for the Elite Title bldg, 311 NE 2"d St. TRC made parking recommendations that, to date, the applicant hasn't asked for Council action. • Building permitting continues to lag - YEARLY PERMIT TOTALS COMPARISON 2003 2004 2005 2006 2007 2008 2009 2010 2011 January 45 32 95 69 42 26 35 28 35 February 44 27 125 60 67 43 35 32 30 March 39 55 97 76 55 32 23 60 52 April 48 44 117 43 42 41 43 30 36 May 42 50 87 91 61 29 38 58 55 June 31 33 106 60 67 47 50 49 40 July 54 53 80 60 48 56 36 32 40 August 30 55 80 39 52 32 33 31 30 September 47 35 76 39 33 39 40 37 36 October 48 127 51 41 35 26 45 36 46 November 35 85 53 36 28 21 25 36 39 December 17 125 53 24 25 23 36 36 21 Total 480 721 1020 638 555 415 439 465 460 Page 3 217112 Activity Rpt Cont d • • Police: SLERS radio — It appears that we may have one of the 'bugs' we were wkg on (a 'call -out' signal for the fire dept) finally resolved by a dispatching console programming issue. Investigation continues on the fire dept paging capabilities. We're exploring a few options incl OUA's 'one -call' system which works like a 'reverse 911' and can page out specific cell or landline numbers all at once ... in much the same way that OUA notifies customers of a water main break. Again, this may be at considerably less cost than originally suspected. Public Works/Engineering: • Park 3 & 4 park bench / eagle scout proiect — A week or so ago I advised that Colton Brown was pursuing the above project. Spoke to his father again and the proj was approved by the District ... will keep you apprised. - • City Engineer — yes, I'm gradually working on a new, more diverse job description. The further I get from Mr. Bermudez's retirement the more I learn about his 'quiet' staff assistance/involvement. SW 21 Storm Storm sewer proiect funding —The County has been given tentative State grant approval and as soon as formal grant -use confirmation is rec'd they plan on moving to the bid stage. • Asphalt proiect — Staff met this week to fine tune the project. The project has grown a bit more than I like, therefore I we are preparing priority - based spreadsheet that we can readily modify based on project bid or your influence. Continuing to work on same. • 200 blk of SW 11 th Street dry retention area — As part of a County 2008 hurricane disaster mitigation CDBG, at an estimated $20, 000, the project calls for essentially excavating the R-O-W and replaced with a dry retention area. While close to bidding apparently there's some housekeeping issues incl SFWMD permitting and a CSX issue at another location using the same grant. • Sidewalk program 2012 — We have begun developing next year's project if you have input on the matter pls advise. Page 4 za w MEMORANDUM To: City Administrator From: India Riedel, Finance Director RE: Activities/Infonnation/Update Date: January 24th, 2012 Business Tax Receipts There have been 25 new applicants/businesses opened from Oct. 1 st — Dec. 31 st, 2011. However 8 businesses notified us they have either closed their doors or moved to another location outside the city limits. Community Involvement and Promotion: Our Tree Lighting event was a success as well as pictures with Santa. Several of the bigger park decorations were refurbished prior to their installation which ensured a picturesque event for the community. All the decorations have been returned to storage for the next season Budget & Finances As of 12/31 we have received over 68% of budgeted Ad Valorem Taxes as opposed to receiving 64% this time last year. Other refund sources are being receipted as anticipated. Gas Tax Revenues (Public Facility) collectively are on target as well. Expenditures are tracking as expected through December. 2011 Audit Our auditors were here for their field work the first week of December and their initial input was favorable and they are in the process of review. The Pension auditor has completed their field work as well. As mentioned we will not be waiting on the Actuary reports for this year to try and speed the completion of both audits for presentation. Insurance The Group Health Trust (GHT) of Public Risk Management (PRM) met at their quarterly meeting January 201h. The plans year average cost per employee versus the funding level came in as expected, our city ratio was higher based on claims/cost level. GHT still has healthy reserves based on the yearend balance sheet provided. Pharmaceutical cost is one of the biggest concerns of GHT. Speaking with PRIME (B1ueCross & BlueShield) GHT was talking about going out for bid. They had just made a proposal to a very large group and have now agreed to provide the cost savings to our group as well. The Actuary and members all agree Generic drugs are the least costly to the plan and to its employees. Page 1 State Board Accounts (SBA) SBA Fund B Balances as of 12/31/2011: The Principal balances are the amounts remaining after our periodic withdrawal of all released funds. The NAV Balances is the market value of all investments in Fund B if we were able to cash in as of 12/31/11. Principal Balance NAV Balance General Fund: $ 113,353.29 $ 86,794.86 Public Facilities $ 19,371.48 $ 14,538.70 Background. The purpose of freezing the Fund B amounts is to maximize the payout of principal of certain invested surplus funds with the ultimate goal of liquidation. As the maturity dates occur funds are released for withdrawal. We continue to withdraw all available funds from both SBA accounts as they are released. Legislative Issues Eradicating `Home Rule" may be one of the biggest obstacles each city has with respect to the legislature this year. They seem to have their fingers in our ability to implement and even continue with existing revenue sources as well as if we would like to incentivize local businesses to bid on services/products the city requires. Such as: Local Vendor Ordinance- (SB 1460, HB673) Preempts and supersedes any Local Ordinance favors all vendors within State of Florida, not just City/Region. Business Tax Receipts- (HB 1063, HB 4025, SB 760) Repealing Cities authority to institute%ontinue. Ad Valorem Assessments — (HJR 55, SJR 838) Requires additional limits on low income seniors (we have up to $75, 000 exemption presently. (HB 95, SB1058) Additional exemptions on widows of military personnel. Liens & Penalties on Code Violator's (SB670, HB 671) Limits the process and ability to impose lien/penalties on real property by a governmental. Page 2 To: From: [71 Date: MEMORANDUM Mayor and Councilmen Brian Whitehall, Administrator India Riedel, Finance Director Fund Balance for February 7, 2012 Council Meeting This memo and the proposed policy and its effect, along with a Power Point Presentation will be presented and reviewed at the February 7tb Council Meeting. Our FUND BALANCE is based on existing and continuation of necessary public services to insure against unanticipated events that would adversely affect the financial condition of the City. The City maintains an adequate unassigned fund balance/reserves in the City's various operating funds to provide the capacity to: (1) provide sufficient cash flow for daily financial needs, (2) secure and maintain investment grade bond ratings, (3) offset significant economic downturns or revenue shortfalls, (4) provide funds for unforeseen expenditures related to emergencies, and (5) provide for future capital projects, equipment replacement and enhancements, including but not limited to, those established within the 5 year capital improvement plan GENERAL FUND — The components of the General Fund Unassigned balance include, but is not limited to, the following: Cash Flow, Emergency & Disaster Relief Reserve, Budget Stabilization Reserve, and Capital Projects included in the 5 year plan. These components are described below in further detail. Cash Flow — The City may assign fund balance equivalent to a minimum of 20% of the current fiscal year expenditures which provides approximately a 2 %2 month cushion for operating expenses. This reserve is necessary due to the timing of property tax levies in the State of Florida. This reserve is in addition to all other required reserves or designation of fund balance. Emergency and Disaster Relief — The City may assign fund balance equal to 10% of total budgeted operating expenditures for the current fiscal year for the purposes of responding to natural and man-made emergencies. (i.e hurricanes, tropical storms, flooding, wildfires, terrorists, other neutral or man-made disasters, etc. This reserve can be utilized to respond and provide relief and recovery after such an event. Balance Memo continue • In the event these funds are utilized, they should be replenished in order to prepare for future events. The City will attempt to replenish this reserve over a five year period beginning with the completion of recovery from the event for which the reserve funds were used. Budget Stabilization — The City may assign fund balance up to 15% of total budgeted operating expenditures for the current fiscal year for the purposes of budget stabilization. This reserve may be needed to prepare for events including, but not limited to: revenue declines whether anticipated or unforeseen, unanticipated expenditures, and unfunded mandates. The reserve should only be utilized in th such occurrences. e event of Once the revenues begin to rise, then the budget stabilization reserve should be replenished to prepare for future events. The City will attempt to replenish this reserve over a five-year period beginning when revenues begin to increase from prior year levels. Unassigned Fund Balance — The City may assign fund balance up to 10% of total budgeted operating expenditures for the current fiscal year. This reserve may be needed to prepare for events including, but not limited to: revenue declines whether anticipated or unforeseen, unanticipated expenditures, and unfunded mandates. The reserve should only be utilized in the event of such occurrences Unassigned fund balance over the 10% goal should be used only for non -recurring expenditures. Capital Projects Fund — The Capital Projects Fund is created to account for resources designated to construct or acquire general fixed assets and major improvements. These projects may extend beyond a single fiscal year. No specific reserve requirement is established for the Capital Projects Fund. However, at a minimum, the fiscal year end Reserved Fund Balance, and estimated revenues for the ensuing fiscal year must be sufficient to meet all outstanding fund encumbrances. ALL OTHER GOVERNMENTAL FUNDS— Special Revenue Funds — Special revenue funds are created to account for the proceeds of specific revenue sources that are legally assigned to expenditure(s) for specified purposes. No specific reservation of Fund Balance is created by virtue of enactment of this policy. The amount of any reservation of Fund Balance shall be governed by the legal authority underlying the creation of the individual funds. Debt Service Fund — Debt service funds are typically subjected to the creation of very specific reserve amounts as part of the ordinance or resolution which authorizes the issuance of the bonds. This policy does not create any specific reservation of Fund Balance within any Debt Service Fund. Reserve requirement for any outstanding bond issue will be consistent with the ordinance or resolution authorizing the issuance of the bonds. The various other governmental funds of the City have vastly differing objectives, cashflows and revenue patterns. As a result, no one level of reserves is appropriate for them all. Therefore, the appropriate level offund balance in the other governmental funds will be determined on a case -by - case basis due to the specific needs of the fund. The City Administrator or his designee shall determine this level. 2 • LEASE AGREEMENT THIS AGREEMENT entered into this day of , 2012 between the CITY OF OKEECHOBEE, FLORIDA, (hereinafter "CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY (hereinafter "CHAMBER") WITNESSETH: That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the CITY does hereby lease to the CHAMBER commercial property located in Okeechobee County, Florida, and more particularly identified as: Real property at: 55 S. Parrott Avenue Okeechobee FL 34974 PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce, and for no other purpose. As such, the mission, purpose and activities of the CHAMBER shall include the following: 1. Promoting the City of Okeechobee and Okeechobee County as a whole in a manner that would encourage and foster the location of business enterprises, and new residents, to Okeechobee. This would include advertising, release of information, preparation of brochures, organizing public forums, or such similar activities as necessary to attain this goal. 2. Sponsoring nd " `' Promotion of local events by the CHAMBER or in —conjunction —with— other— c i v i c, n o n- p r o f i t a n d c h a r i t a b l e organizations, gfeups. These events would include Speckled Perch DayEestval, Labor Day Festival, Christmas and Holiday events, Fourth of July, National Day of the American Cowboy, and similar events that are designed to attract citizens to the City. 3. Creation of a viable Chamber of Commerce by obtaining local support and business members, holding meetings at least monthly, electing officers, appointing committees, and such other activities normally associated with the operation of a successful chamber. TERMS AND CONDITIONS TERM: The -term hereof shall commence onthe day of 2012; and continue monthly until terminated on the 1st day of , 2017; or by eviction; or by further agreement of the parties, whichever first occurs. The rental term may be extended beyond this initial term upon further written agreement under the same terms and conditions described herein assuming all terms and conditions have been sfactorily met by the Chamber during the 12rececLng.rQntal term and terms, as may be deter-MiMA—b�,��- RENT: Rent shall be the following sum: Sixty dollars ($60.00), which CITY permits to Page 11 be paid at the rate of one ($1.00) dollar per month, which shall be paid by CHAMBER in full at commencement of this lease,- to CITY at: 55 SE 3rd Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. If the property is improved, the CHAMBER agrees to make any and all normal repairs to said premises. All major repairs, such as but not limited to plumbing, heating, air conditioning, roof, fixtures, wiring, irrigation, etc., shall be paid by the City. CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. CITY shall notify CHAMBER in writing, within 15 days of the termination of -------- Formatted: Indent: Left: 0" this lease, of its claim for damages to the property, and the intent to bill this amount to CHAMBER, requiring CHAMBER furnishes a good address to CITY upon vacating the property. CHAMBER shall notify CITY in writing of any objections to this claim, and the provisions of Florida Statutes, Chapter 83 Part I, shall apply to a dispute concerning return of the deposit for damages. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand Formatted: Indent: Left: 0" for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, and shall hold CITY, and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. CHAMBER shall obtain liability insurance coverage to protect against such Formatted: Indent: Left: 0 claim or injury in the minimum sum of $1,000,000.00 per person, per occurrence. The property and casualty insurance presently maintained on the property by CITY shall inure to, and be for the sole benefit of the CITY. The CITY shall have the right to also insure the property as owner in such sum(s) as it deems appropriate for injury and property/casualty loss. DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) Continue to use the premises if practical, with rent adjusted by agreement of the - -" Formatted: Indent: Hanging: parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises. CHAMBER shall be responsible for the payment of all other services, and place the service in its name, including, but not limited to, electric, telephone, waste disposal, and gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. _The CHAMBER shall pay all taxes, assessments or obligations incurred or Page 12 assessed on the leased property due to sales taxes; use taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workman Compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorney's fees and costs. EOUIPMENT. _The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture, and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses as a Chamber of Commerce and for no other purpose(s). This lease nor any part, is NOT ASSIGNABLE. The CHAMBER shall not sublease, or permit any other person, business, agency or other not specifically associated with the CHAMBER to occupy or use the premises. The CITY may upon request, permit a similar use on the premises only upon written request by CHAMBER, and approval by the City Council at regular session. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, Rieked--,orderly,—orderly, and not in violation of any City or County codes or State statutes. PERSONALITY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or its guests stored or used on premises and releases CITY from any and all liability therefore. ATTORNEY'S FEES. If it becomes necessary for either party to obtain the services of an attorney to enforce the provisions herein or relating to the premises, the prevailing party shall be entitled to collect reasonable attorney's fees and all costs incurred, including all appeals, from the other party. NOTICES. _Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre- paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. BOOKS AND ACCOUNTS: _The CHAMBER shall create and keep regular accounts and records of all funds, donations, in -kind contributions, accounts payable, expenditures, and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually to the CITY. The annual finaneial The CITY shall have at any reasonable time, upon written request, to inspect the books and records of the CHAMBER, DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: Page 13 A a._ -Failure by CHAMBER to comply with each and every term herein including continually maintaining an active registered nonprofit corporate status with the State of Florida. b._-Failure by CHAMBER to pay rent when due as set out above. c.--Failure by CHAMBER to maintain all required permits,- -licenses, insurance, and maintenance at the premises. d._At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, intentional damage or destruction of the premises. e-_Failure by CHAMBER to permit inspection of its books and records by the City within two weeks of request. f—_Failure by CHAMBER to promptly pay all assessments, taxes or levies by any local, state or federal agency. g-_Failure of CHAMBER to comply with the stated purpose and mandate of the CHAMBER as set out in the preamble herein. h._Permitting of uses by the CHAMBER of other persons or entities on the premises other than specific Chamber of Commerce activities, or of assigning such use(s) without the consent of the City Council. CURE OF DEFAULT. That CITY shall, prior to formal declaration of default by CHAMBER as set forth above, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from written notice to cure the claimed default. Such time may be extended as reasonably necessary, in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by CHAMBER in performance of this lease, the parties, upon written request of either, shall sit down and mediate the issues, to come to an understanding. The parties shall be represented at this informal mediation by the City Administrator, one City Councilman, president of the Chamber, and one other representative as they may appoint. SURRENDER OF PREMISES. _CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. a -.-Upon any default by CHAMBER of any provision of this lease, within Formatted: Numbered + Level: 1 + six s Numbering style: a, b, c, ... + Start at: 1 + sixty (60 ) days of written notice thereof. Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" b_b- At the conclusion of the rental period hereunder. - -- Formatted: Numbered + Levee 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: ASSIGNMENT. This lease is not assignable by CHAMBER without written 0.75° permission of CITY. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. TERMINOLOGY, -Whenever used herein, the terns "CITY" and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. _Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. Page 4 RADON GAS. _Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS _Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and maybe modified only by a writing signed by both parties. RECORDING DOCUMENT. _This agreement may not be recorded in the public records, Okeechobee County, Florida. RIGHTS AND IMMUNITY. Nothing in this agreement, either written, implied or construed, shall in any manner abrogate, limit, expand or affect in any manner the rights and privileges of sovereign immunity provided to the City of Okeechobee by Florida statutes as written or hereafter amended. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witness as to CITY: Witness as to CHAMBER: STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , to me personally known or identified to me by the following form of identification: , know to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of , 2012. Page 15 0 0