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2010-04-06
426 CITY OF OKEECHOBEE APRIL 6, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor: April 6, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor James Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of May 16 - 22, 2010 as "National Public Works Week." Mayor Kirk called the April 6, 2010 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor James Dawson of the First United Methodist Church; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk proclaimed the week of May 16 through 22, 2010 as National Public Works Week." The following proclamation was read in its entirety for the record as follows: "WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and (continued on page two) 1 n 11 u APRIL 6, 2010 - REGULAR MEETING - PAGE 2 OF 12 8 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED, A. Proclaim the week of May 16 - 22, 2010 as "National Public Works (continued from page one) WHEREAS, the efficiency of the qualilred and dedicated personnel who staff public Week" continued. works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme, "Public Works: Above, Below, and All Around You", speaks to the all -pervasive effort of public works professionals and their projects, while bringing quality of life contributions and the necessities of our communities to the citizens of the world. 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 May 16 - 22, 2010, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee." Director Robertson was present to receive the proclamation. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 16, 2010 Regular Meeting - City Clerk. March 16, 2010 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's�� Mayor fork asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. New Business Item H was added to consider Change Order No.1 for Bid No. PW 04-00-12-09. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 PM A.1. a) Motion to read by title only proposed Ordinance No.1058 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1058 regarding Sign Regulations, Sign Regulations - City Planning Consultant (Exhibit 1). seconded by Council Member Williams. b) Vote on motion to read by title only. KIRK - YEA WATFORD - YEA MARKHAM - YEA O'CONNOR - YEA WILLIAMS -YEA MOTION CARRIED. 427 APRIL 6, 2010 - REGULAR MEETING - PAGE 3 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No.1058 by title only 2. a) Motion to adopt Ordinance No.1058, b) Public comments and discussion. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No.1059 regarding Application No.10-002-SSA, submitted by D & A Properties, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan for Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. Attorney Cook read proposed Ordinance No. 1058 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO.79G, DIVISION 5 THEREOF, INCLUDING SECTIONS 90-557 THROUGH 90.570, SECTIONS 90- 572, 90-573, 90-580, 90.583, 90-588 AND 90.589 PERTAINING TO EXEMPT AND PROHIBITED SIGNS; SIGN AREA COMPUTATION; LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS;, THEREGULATION OFTEMPORARYSIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOT LIGHTS; PLACEMENT STANDARDS FOR SIGNS; NONCONFORMING SIGNS; AND SIGNS AND ARTWORK NOT QUALIFYING AS MURALS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No.1058; seconded by Council Member O'Connor. Mr. Brisson was present to respond to any questions. He noted that the changes requested at the first reading have been incorporated within the ordinance. He clarified Section 90-588(b), decals are considered artwork. Section 90- 573(3)(b) was addressed, multiple buildings, each unit is allowed one portable sign, banner, or non -inflatable wind sign not to exceed sixteen square feet in area or eight feet in height. Mayor Kirk asked whether there were any comments from the public? There were none. KIRK - YEA WATFORD - YEA MARKHAM - YEA O'CONNOR-YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No.1059 regarding Application No.10-002- SSA, submitted by D & A Properties, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan for Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial; seconded by Council Member O'Connor, VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E APRIL 6, 2010 - REGULAR (MEETING - PAGE 4 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No.1059 by title only 2. a) Motion to adopt Ordinance No.1059. b) Public comments and discussion. c) Vote on motion. Attorney Cook read proposed Ordinance No. 1059 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE; PARTICULARLYDESCRIBEDHEREINFROMSINGLEFAMILYTO COMMERCIAL; PROVIDINGFORINCLUSION OF ORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN' EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No.1059; seconded by Council Member O'Connor. Mr. Brisson presented the Planning Staff Report for Comprehensive Plan Small Scale Future Land Use Map' Amendment No.10-002-SSA. The Planning Board reviewed the application at their March 18, 2010 meeting, both the Planning Board and Planning Staff are recommending approval based on the following findings: A. Consistency with the Land Use Categories and Plan Policies. The requested Commercial Future Land Use designation appears to be consistent with the general pattern of commercial expansion evident in the area, particularly in light of the recent approvals for commercial uses on parcels to the immediate North, South, and East. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities. The applicant' has indicated that the property is proposed only for use as a parking lot for nearby commercial components of the Shoppes on the Boardwalk project. Consequently, no additional demand for water or sewer, or generation of solid waste or traffic can be expected beyond that associated with previously approved commercial components of the Shoppes on the Boardwalk project. However, in order to ensure no additional or unanticipated intensity of use on the property as envisioned in the foregoing paragraph, the subject parcel should be tied by unity of title or other mechanism to the properties for which it is providing required parking. C. Compatibility with Adjacent and Nearby Land Uses. Use as a parking lot is compatible with nearby and adjacent uses. All immediately surrounding properties are part of the Shoppes on the Boardwalk. Properties to the East and Northeast are largely zoned and developed in residential uses, although some are vacant. Council Member Williams asked, since the request is for parking, is that the only use the land can be used for? Mr, Brisson replied that as far as the land use change it can be zoned for any allowable use. Mayor Kirk asked whether there were any comments from the public? There were none. KIRK - YEA WATFORD - YEA MARKHAM - YEA O'CONNOR -YEA WILLIAMS - YEA MOTION CARRIED. / Y APRIL 6, 2010 - REGULAR MEETING - PAGE 5 OF 12 II AGENDA III COUNCIL ACTION -DISCUSSION -VOTE 11 CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 PM. VIII. NEW BUSINESS. A.1. a) Motion to read by title only, and set April 20, 2010 as a final reading Council Member Watford moved to read by title only, and set April 20, 2010 as a final reading for proposed Ordinance for proposed Ordinance No. 1060 for Application No. 10-001-R No. 1060 for Application No. 10-001-R submitted by D & A Properties, Inc. to rezone a tract of land consisting of 0.84 submitted by D & A Properties, Inc. to rezone a tract of land acres from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) Zoning District; seconded by Council consisting of 0.84 acres from Residential Single Family -One (RSF- Member O'Connor. 1) to Heavy Commercial (CHV) Zoning District - City Planning Consultant (Exhibit 3). 11 b) Vote on motion to read by title only and set final public hearing date. KIRK - YEA MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1060 by title only. Attorney Cook read proposed Ordinance No. 1060 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Markham moved to approve the first reading of proposed Ordinance No.1060; seconded by Council 1060. Member O'Connor. b) Discussion. Mr. Brisson presented the Planning Staff Report, recommending Light Commercial which is the least intensive district that will accommodate the intended parking lot. The Planning Board reviewed the application at their March 18, 2010 meeting, and with a six to one vote is recommending Heavy Commercial as requested by the property owner. The Planning Staff findings are as follows:1. The proposed use is not contrary to Comprehensive Plan requirements. Staff agrees. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Staff does not classify the intended use as a commercial parking lot. Rather, the parking lot is intended to provide parking for other commercial uses of the Shoppes on the Boardwalk project. Therefore, it should be considered an accessory use to associated commercial uses, provided that the property is tied by unity of title or other legal document to the properties for which it is providing required parking. 3. The proposed use will not have an adverse effect on the public interest. Staff agrees. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 431 APRIL 6, 2010 -REGULAR MEETING -PAGE 6 of 12 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Staff notes that buffering, may be necessary, and vehicular access and egress will be dealt with at the site plan approval stage. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. Use as a parking lot is compatible with nearby and adjacent uses. All immediately surrounding properties are part of the Shoppes on the Boardwalk. Properties to the East and Northeast are largely zoned and developed in residential uses although some are vacant. However, we believe that the least intensive zoning district that will accommodate the intended use should be applied. Based on preliminary information in the site plan application, the parking will entail impervious surface coverage in the are of 74 percent. The CLT district is the least intensive commercial district that allows the sufficient impervious surface coverage to accommodate the proposed 73 space parking lot. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. Staff notes that any buffering and/or other measures that may be necessary to protect adjacent and nearby properties will be addressed by the Technical Review Committee during the site plan review. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. Staff agrees that the parking lot alone will not generate demand for utility services or generate traffic on its own. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Staff agrees and the applicant has indicated that the property is proposed only use as a parking lot for nearby commercial components of the Shoppes on the Boardwalk project. Consequently, no additional traffic can be expected beyond that associated with previously approved commercial components of the Shoppes on the Boardwalk project. Of course drainage and stormwater management issues will be addressed at the site plan approval stage. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Staff agrees. Mr. Brisson stated there have been some use changes of the project which were more intense than envisioned for the original traffic study of the overall project and parcel, and now they need to acquire additional parking, which is why we are recommending the least intense use, CLT, to protect the residential area and to have a some control of the allowable use. Council Member O'Connor mentioned that he was in attendance at the March 18, 2010 Planning Board meeting, and that the Board was not presented with the traffic study information. Administrator Whitehall explained that the traffic study is reviewed prior to the Planning Board meeting at the Technical Review Committee (TRC) meeting for site plan and would be considered as part of the matter in passing. Mayor Kirk asked when a project is underway and there are major changes, should it be presented back to the TRC? Administrator Whitehall answered, there is a fine line and the City tries to work with the owners, but in this case, the applicant had enough property to accommodate the changes without having to restart the project again. 432 APRIL 6, 2010 - REGULAR MEETING - PAGE 7 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. Council Member Markham and Watford's concern was the protection of the residential homes in the area and felt that the CLT use would be more appropriate, and it accommodates the request for a parking lot without having to apply for a Special Exception, as Planning Staff is viewing this parcel as an accessory use. Mayor Kirk asked whether there were any comments from the public? Mr. Wes Abney was present for the Nunez's as their agent. He was asked would it be adverse to change the use to CLT? He replied that the applicant's wishes are Heavy Commercial, should they need to change the use in the future. Administrator Whitehall remarked that the parking issue is paramount to the Technical Review Committee and they would have to go through stringent rearranging should the use change. Council Member Watford moved to amend Ordinance No.1060, changing CHV to CLT; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - NO WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - NO WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. B.1. a) Motion to read by title only, and set April 20, 2010 as a final reading Council Member Watford moved to read by title only, and set April 20, 2010 as a final reading for proposed Ordinance for proposed Ordinance No.1062 setting hours of operation for pool No.1062 setting hours of operation for pool or billiard parlors, amusement parlors, and game rooms; seconded by or billiard parlors, amusement parlors, and game rooms - City Council Member O'Connor. Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. 11 433 AGENDA Vlll. NEW BUSINESS CONTINUED. APRIL 6, 2010 - REGULAR MEETING -PAGE 8 OF 12 COUNCIL ACTION - DISCUSSION -VOTE B.1. c) City Attorney to read proposed Ordinance No. 1062 by title only. Attorney Cook read proposed Ordinance No. 1062 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING CODE OF ORDINANCES SECTIONS 14-175 THEREOF; SETTING HOURS OF OPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS, AMUSEMENT PARLORS; PERMITTING SPECIAL EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1062; seconded by Council 1062. Member O'Connor. b) Discussion. Administrator Whitehall remarked that there has been a request for changing the Code to allow pool or billiard parlors to be open on Sundays since the existing Code does not have any provisions. The proposed ordinance will allow the operation of hours for pool or billiard parlors to be open from 11 am to midnight on Sunday's. Attorney Cook stated that this ordinance almost mirrors the alcohol code. The difference is that on Sunday's no alcohol can be sold and beer and/or wine cannot be sold until after 1:00 p.m. Council Member Watford move to amend Ordinance No. 1062, changing the Sunday time frame from 11:00 a.m. to 12:00 noon (it now reads: "to permit the hours of operation from noon to midnight on Sunday"); seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - NO WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM -YEA O'CONNOR - NO WATFORD - YEA WILLIAMS -YEA MOTION CARRIED AS AMENDED. C. Presentation of SR 70 and US 441 Intersection Improvements - Mr. Chris Piazza representing the Florida Department of Transportation (FDOT) was present and addressed the Chris Piazza, Florida Department of Transportation. Council regarding the Intersection Improvements of State Road 70 and US Highway 441. FDOT is requesting a Resolution for the acquisition of property, where the City would revert back some property through Flagler Park to the Hamrick Truck for the addition of dual left lanes at the intersections. This will upgrade a level of service as a short term interim to help the traffic situation, as determined by a planning study conducted county wide. FDOT has funding available to proceed with this proposal. Mr. Piazza explained that this will add approximately 10 years of life to the intersections and make it more serviceable. There would be no transfer of property at this time. 434 APRIL 6, 2010 - REGULAR MEETING -PAGE 9 of 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. C. Presentation of SR 70 and US 441 Intersection Improvements III When it is presented for design review then the amount of property will be identified and the property owners will be continued. notified for negotiations. The trees along the area will be removed and will be replaced with new sizeable plants. Council Member Watford had several questions of concern such as, whether there would be any more changes from this proposal to the design review since it has happened on other projects? Mr. Piazza replied that he foresees no changes for this project. Is FDOT certain that the left turns at 2"d and 3`d Avenues must be blocked off? He answered, Yes, according to the traffic study. And finally, whether the acquisition of the Flagler Park property was necessary since it is a permanent change for a temporary solution? He answered, it is a means to buy some time for research and funding for the ultimate solution. Council Member Markham mentioned that the drawing illustrated, there is a red line that cuts through the Chamber of Commerce building, would this building be necessary for the project? Mr. Piazza answered, the Chamber of Commerce building's area will not be needed, only the sign area on the corner. Council Member Williams referred back to a prior statement for clarification, will this add 10 years of service life to the intersections? He answered, the estimated year for design is 2018. Council Member O'Connor then asked when would this plan begin? The funding will begin in July 2010, and construction by 2015. Administrator Whitehall asked Mr. Piazza whether FDOT could assist the City, since they have been studying the traffic for the past three or four years, with their analysis within a four to five block radius around the intersection alternate routing, for the side street overflow due to the blocking of the left turns at 2"d and 3r° Avenues? He would take the request back to the FDOT engineers. D. Motion to adopt proposed Resolution No.10-04 regarding the Council Member Watford moved to adopt proposed Resolution No.10-04 regarding the acquisition of property from acquisition of property from Flagler Park for the SR 70 and US 441 Flagler Park for the SR 70 and US 441 Intersection Improvements Project; seconded by Council Member Williams. Intersection Improvements Project - City Attorney (Exhibit 5). Proposed Resolution No. 10-04's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U.S. HIGHWAY 441 INTERSECTION IMPROVEMENT PROJECT; AND AGREEING TO REVERT THE CITY'S TITLE AND INTEREST IN CERTAINPARCELS OFFLAGLER PARK TO THEHAMRICK TRUST, PROVIDING ANEFFECTIVE DATE." Council Member Markham began the discussion by bringing to Council's attention the language in the third paragraph of the Resolution. The last line reads, the City agrees to revert its title and interest in the park property to the Hamrick Trust." 435 APRIL 6, 2010 - REGULAR MEETING - PAGE 10 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 10-04 continued. Council Member Markham's concern was that this language needs to be changed or taken out as the City can not still have the park should the titles and interest be given back to Hamrick Trust. Attorney Cook recommended that the adoption of this Resolution be deferred until the language could be reviewed and revised. Council Member Watford moved to postpone action until the April 20, 2010 meeting; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Presentation of the FY09 Audited Financial Statements - Debbie A. Mrs. Deborah Goode, Audit Director of Hoyman Dobson and Company, P.A., presented and distributed copies of the Goode, Hoyman Dobson. results for the 2008-2009 Fiscal Year Audit. She stated that the City is in a secure financial position. She briefly reviewed the comparisons of last years (2007-2008 FY) and this years audit: 2007/2008 2008/2009_ General Fund $10,414,227.00 $11,754,552.00 Liabilities $237,859.00 $406,000.00 Total Governmental Funds Liabilities and Fund Balance $10,916,675.00 $11,443,756.00 Revenues $6,738,717.00 $6,307,094.00 Expenditures $7,029,067.00 $6,707,848.00 It was discussed that the General Employee Pension Plan is separated from the Police and Fire Fighters Pension Plans as it includes the Okeechobee Utility Authority Employee's as well. She noted that all the plans are fully funded and in very good shape. Council Member Williams had a concern with the General Employee Pension Trust Funds investment expense of $70,911.00. This expense should be carefully reviewed. Ms. Goode pointed out that sometimes this expense amount is based on the percentage of assets that are held in the pension fund. At this time, the City pensions funds are overfunded by $662,768.00. She cautioned the City not to have too much money built into this fund as well as the two other pension funds, and to bring these points to the Pension Boards attention for review. n APRIL 6, 2010 - REGULAR MEETING - PAGE 12 OF 12 If AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII, NEW BUSINESS CONTINUED, ITEM ADDED TO AGENDA: H. Consider change Order No. 1 for Bid No PW 04-00-12-09 - City Administrator (Exhibit 8). IX. 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 Cleric media are for the sole purpose of backup for official records of the Clerk. . - e_U4� ATT T: James E. Kirk, Mayor fflh- Lane Gamiotea, Ckt, City Clerk Administrator Whitehall explained that on January 19, 2010, the City awarded the Median Curb Bid No. PW 04-00-12- 09 to the lowest bidder, Vest Concrete in the amount of $13,000. The project is nearing completion on Southwest 5" Avenue and the contractor has indicated that they would reduce the bid price by an additional fifty cents per linear foot for additional work. Administrator Whitehall is requesting approval to change the order and increase the size of the project to include the four block area on Southeast 4" Street, approximately 2,545 feet at $6.00 dollars per foot for an additional $15,270,00, and one block in front of Central Elementary located within the 600 Block of Southwest 51" Avenue, 612 feet at $6.50 per foot, totaling $3,978.00. The total cost of the project will change from $13,000.00 to $32,248.00. Council Markham inquired whether a crossover curb would be installed in the median South of the Hospice Volunteer building, in the 300 Block of southeast 4r" Street? Administrator Whitehall answered it is not added into this change order. The Council and Staff discussed how to handle consistency with mid -block turn lanes. The final decision will be made by Staffs discretion. Council Member Watford moved to approve Change Order No.1, for Bid No. PW 04-00-12-09 awarded to Vest' Concrete allowing the additional curbs as mentioned above to the project, with a new project total amount of $32,248,00; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:56 p,m. The next meeting will be April 20, 2010 at 6:00 p.m. 437 AGENDA I. CALL TO ORDER - Mayor: April 6, 2010, City Council Regular Meeting, 6:00 p.m. CITY OF OKEECHOBEE APRIL 6, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION t COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 6, 2010 Regular City Council Meeting to order a C10 p.m. PAGE 10F 12 II. OPENING CEREMONIES: •, Invocation given by Pastor James Dawson, First United Methodist Church; The invocation was offered by Pastor James Dawson of the First United Methodist Church; Mayor Kirk led the the Pledge of Allegiance led by Mayor. I Pledge of Allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of May 16 - 22, 2010 as "National Public Works Week." City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk proclaimed the week of May 2010 as National Public Works Week." The following proclamation was read in its entirety for the record as follows: "WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenryis vital to the efficient operation of public works systems andprograms such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and (continued on page two) APRIL 6, 2010 - REGULAR MEETING - PAGE 2 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the week of May 16 - 22, 2010 as "National Public Works Week" continued. • V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 16, 2010 Regular Meeting - City Clerk. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 0 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. (continued from page one) WHEREAS, the efficiency of the qualified and dedicated personnel who staff public' works departments is materially influenced by the people's attitude and understanding of the importance of the work theyperform; and WHEREAS, this year's theme, "Public Works: Above, Below, and All Around You", speaks to the all -pervasive effort of public works professionals and their projects, while bringing quality of life contributions and the necessities of our communities to the citizens of the world. 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 May 16 - 2Z 2010, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee." Director Robertson was present to receive the proclamation. Council Member mov to dispense with the reading and approve the Summary of Council Action for the March 16, 2010 Regular Meeting; seconded by Council Member There was no discussion on this item. KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION CARRIES: Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6: PM G' A.1. a) Motion to read by title only proposed Ordinance No. 1058 regarding Council Member mood to read by title only, proposed Ordinance No. 1058 regarding Sign Regulations; seconded Sign Regulations - City Planning Consultant (Exhibit 1). III by Council Member b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA O' YEA, WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 6, 2010 - REGULAR MEETING - PAGE 3 OF 12 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1058 by title only u 2. a) Motion to adopt Ordinance No. 1058. b) Public comments and discussion. c) Vote on motion. 0 Attorney Cook read proposed Ordinance No. 1058 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCENO. 716, DIVISION 5 THEREOF, INCLUDING SECTIONS 90-567 THROUGH 90-570, SECTIONS 90- 572, 90-573, 90-580, 90-583, 90-588 AND 90-589 PERTAINING TO EXEMPT AND PROHIBITED SIGNS; SIGN AREA COMPUTATION, LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS; THEREGULATION OF TEMPORARYSIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOTLIGHTS; PLACEMENT STANDARDS FOR SIGNS; NONCONFORMING SIGNS; AND SIGNS AND ARTWORK NOT QUALIFYING AS MURALS; PROVIDING FOR CONFLICTS AND SEVERAB►LITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member moved to adopt proposed Ordinance No. 1058; seconded by Council Member 1 4f,e'7m ? a r n ✓J "GAc. VOTE KIRK - YEA MAR HAM -YEA O!CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. \ APRIL 6, 2010 - REGULAR MEETING - PAGE 4 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No. 1059 regarding Application No. 10-002-SSA, submitted by D & A Properties, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan for Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 2). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1059 by title only 2. a) Motion to adopt Ordinance No. 1059. b) Public comments and discussion. • c) Vote on motion. Council Member rn �td to read by title only proposed Ordinance No. 1059 regarding Application No. 10-002-SSA, submitted by D & A Properties, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan for Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial; seconded by Council Member tJ ' KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION AR Attorney Cook read proposed Ordinance No. 1059 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMSINGLEFAMILYTOCOMMERCIAL; PROVIDING FORINCLUSION OFORDINANCEANDREVISEDFUTURELAND USEMAP/NTHECOMPREHENSIVEPLAN, PROVIDINGFORAN EFFECTIVE DATE." -rnLr,= Council Member moved to adopt proposed Ordinance No. 1059; seconded by Council Member s`% pall��7 iL214i'cc ���)./f cC ✓/�—� 1A 1. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA _ MOTION CARRIED: APRIL 6, 2010 - REGULAR MEETING - PAGE 5 OF 12 AGENDA . CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A.1. a) Motion to read by title only and set April 20, 2010 as a final reading for proposed Ordinance No. 1060 for Application No. 10-001-R submitted by D & A Properties, Inc. to rezone a tract of land consisting of 0.84 acres from Residential Single Family -One (RSF- 1) to Heavy Commercial (CHV) Zoning District - City Planning . Consultant (Exhibit 3). 0 COUNCIL ACTION - DISCUSSION - VOTE MAYOR KIRK CLOSED THE PUBLIC HEARING AT PM. �, ; Council Member mov d to read by title only, and set April 20, 2010 as a final reading for proposed Ordinance No. 1060 Council Member moid to re for Application No. 10-001-R submitted by D & A Properties, Inc. to rezone a tract of land consisting of 0.84 acres from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) Zoning District; seconded by Council Member / b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAR HAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA i OTION CARRI c) City Attorney to read proposed Ordinance No. 1060 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 1060. b) Discussion. c) Vote on motion. l yoke Attorney Cook read proposed Ordinance No. 11.05s y title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DE T REGULATIONS, ORDINANCE NO. 7'1 , DNMGN4B1ERE9 572, 90-573, 90-580, 90-583, W588 AND AREA COMPUTATION, LIMITATIONS ON THE REGULATION OF TEMPORA ir6`r LIGHTS AND SPOT LI , LACEMENI AND AR OT QUALIFYING AS PR G FOR AN EFFECTIVE DATE." F, INCLUDING SECTIO 7 THROUGH 90-570, SECTIONS 90- TO EXEMPT AND PROHIBITED SIGNS, SIGN T ATI , UMBER, AREA, AND HEIGHT OF SIGNS, > INCLUDING BANNERS, PO R NS, WIND SIGNS, SEARCH STANDARDS FOR SIGNS, NONCONFORM • AND SIGNS MURALS; PROVIDING FOR CONFLICTS AND SE VE BILITY; Council Member moved to approve the first reading of proposed Ordinance No.1060;s seconded by Council Member q 1 �• F � C� / YlL�F /1 t C i Gtc 1t,:J — 41 CyYZ 1 7tt j� k2e VLt YIU& -/ - VOTE KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA tx,J�r IJ"- ffnt cl&/Ilt�w CIO (t&14Le -jj NO CLT APRIL 6, 2010 - REGULAR MEETING - PAGE 6 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set April 20, 2010 as a final reading for proposed Ordinance No. 1062 setting hours of operation for pool or billiard parlors, amusement parlors, and game rooms - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. • c) City Attorney to read proposed Ordinance No. 1062 by title only 2. a) Motion to approve the first reading of proposed Ordinance No 1062. b) Discussion. c) Vote on motion. E Council Membe�mov to read by title only, and set April 20, 2010 as a final reading for proposed Ordinance No. 1062 setting hours of operation for pool or billiard parlors, amusement parlors, and game rooms; seconded by Council Member t', KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA T10N CARRI . Attorney Cook read proposed Ordinance No. 1062 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORWAAMENDING CODEOFORDINANCES SECTIONS 14-175 THEREOF, SETTING HOURS OFOPERATIONS FOR POOL OR BILLIARD PARLORS, GAMEROOMS, AMUSEMENT PARLORS; PERMITTING SPECIAL EXCEPTIONS; PROVIDING FOR PENALTIES, PROVIDING FOR CONFLICTS, PROVIDING AN EFFECTIVE DATE." Council Member moved to approve the first reading of proposed Ordinance No.1062;s seconded by Council Member � v .�L�',LR.i X-- i.-``t' t Y �t �%`�-S.t� �•Y t_ L:i�_. �^ . .✓ y ki,nx ��„ G. IC KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA /1 L O'CONNOR - uli�" ; MOTION CARRIEiD`. C1 Cc., t APRIL 6, 2010 - REGULAR MEETING - PAGE 7 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. C. Presentation of SIR 70 and US 441 Intersection Improvements - Chris Piazza, Florida Department of Transportation Li Le J IV 'Y Ile ;T 71k 41 11- 1,� 4- k t APRIL 6, 2010 - REGULAR MEETING - PAGE 8 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 10-04 regarding the Council Membemovbd to adopt proposed Resolution No. 10-04 regarding the acquisition of property from Flagler acquisition of property from Flagler Park for the SR 70 and US 441 Park for the SR 70 and US 441 Intersection Improvements Project; seconded by Council Member �C Intersection Improvements Project - City Attorney (Exhibit 5). A RESOLUTION OF THE CITYOFOKEECHOBEE, FLORIDA SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U.S. HIGHWAY 441 INTERSECTION IMPROVEMENT PROJECT; AND AGREEING TO REVERT THE CIT rS TITLEAND INTEREST IN CERTAIN PARCELS OFFLAGLER PARK TO THE HAMRICK TRUST; PROVIDING AN EFFECTIVE DATE. KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. -.rv_'L�."��L v Le if �r 1C r A f i i i s 11 Ivi c 1 / APRIL 6,2010 - REGULAR MEETING - PAGE 9 OF 12 IF- AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. E. Presentation of the FY09 Audited Financial Statements - Debbie A. Goode, Hoyman Dobson. -4t Lv- tc, APRIL 6, 2010 - REGULAR MEETING - PAGE 10 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. F. Consider a temporary street closing for SW 3`d through 6`h Avenues, between North and South Park Streets and SW 41h Avenue between Blocks 106 and 107, South of South Park Street to Alley, submitted by the Chamber of Commerce for the 4m Annual Gang -Free Bike Fest on May 71h through May 9", 2010 from 9:00 a.m. until 9:00 a.m. - City Clerk (Exhibit 6). • • Council Member moved to approve a temporary street closing for SW 3rd through 6" Avenues, between North and South Park Streets and SW 41h Avenue between Blocks 106 and 107, South of South Park Street to Alley, submitted by the Chamber of Commerce for the 41h Annual Gang -Free Bike Fest oKMay.7" through/Mays', 2010 fry . upU.9�. I; seconded by Council Member 1, r ' �2c- `'�P„ �i A, L"t.� I,. KIRK - YEA MARKHAM - YEA O' ONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. � ( �� � A � c��� �.� !�k%��! �-� ��Y �'.�'f��-+, ., � t i�t ii ti.Lr' \ -?l �' h.f'f •J� r ; APRIL 6, 2010 - REGULAR MEETING - PAGE 11 OF 12 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED. r Exhibit 7 . The following Code Enforcement Board Member's terms expire April 30 2010 the have indicated their desire to be G. Consider citizen board appointments City Clerk ( ) g p p y reappointe"r. Jim . i inffsince his appointment, there have been 5 meetings, he was absent with consent for 2 of them). M elissa Close since her appointment, there have been 5 meeting, she was present for all of them). The Board has statutory requirements for attendance and residency restrictions. We do not have any additional applications on file for this Board, and there are TWO Vacancies on this board (Alternates). A Motion would be in order to a int the above members for a term beginning May 1 2010 and endingAril 30 2013. J VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA K6T 00N CARRIE - The following Planning Board/Board of Adjustment/Design Review Board Members terms expire April 30, 2010, they have indicated their desire to be reappointed: Mr. Terry Burroughs (since his reappointment, there have been 26 meetings, he was absent for 3 of them). Mr. Doug McCoy( (since his reappointment, there have been 26 meetings, he was absent for 8 of them). Mrs. Malissa Morgan (since her reappointment, there have been 13 meetings, she was absent for 6 of them). Applications we have on file for this board are: Mr. Les McCrary (City Business Owners/County Resident), Mrs. Penny Revels (County Resident), Mr. Clay Gundersen (County Resident -Retiree), and Mrs. Toni Doyle, (County Resident). A motion would be in order to make appointments as Council deems appropriate, to fill three positions, terms will be May 1, 2010 to April 30, 2013. The current member list is attached for your convenience. t,trk" f L C VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA I N�QTION CARRIED. APRIL 6, 2010 - REGULAR MEETING - PAGE 12 OF 12 AGENDA IX 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: Lane Gamiotea, CIVIC, City Clerk 0 COUNCIL ACTION - DISCUSSION - VOTE There being no further items on the agenda, Mayor Kirk adjourned the meeting at p.m. The next meeting will be April 20, 2010 at 6:00 p.m. 'Al b A '(0 4- James E. Kirk, Mayor e,- 4A, Ile -X 0 -INDEPENDENT _ MZMNEWSPAPERS CIKI E(-Il0BI-I' NFIV5 -1074 (863) 763-3133 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the. Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attache�d copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of F Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. -`, Judy Kasten Sworn to and subscribed before me this day of ,ls_- �. t___ `.. AD Notary Public, State of Florida at Large r , NOTAR't PUBLIC -STATE OF FiORIDA Angie Bridges i =Commission #DD779718 '•. Q`.I Expires: APR. 20, 2012 BONDED 1WRU ATLANTIC BONI)INU Co,, MC, CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okee- chobee will meet in Regular Session on Tuesday April 6, 2010, 6:00 p.m., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record try a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to, appeal any decision involving the matters no- ticed herein will be responsible for making a verbatim record of the testimo- ny and evidence at said meeting upon which any appeal is to be based. Please contact Citv Administration at 863-763-3372, or websde www.city- ofokeechobee.com, to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: James E. Kirk, Mayor ane Gamiotea, CMC, City Clerk 350i69 OiV 3 31; 10 CITY OF OKEECHOBEE APRIL 6, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 'I OF 4 • I. CALL TO ORDER -MAYOR: April 6, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall • City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of May 16 - 22, 2010 as "National Public Works Week." 16.2010 PAGE 2 of 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 16, 2010 Regular Meeting - City Clerk. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 1058 regarding Sign Regulations - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1058 by title only. 2.a) Motion to adopt Ordinance No. 1058. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 1059 regarding Application No. 10-002-SSA, submitted by D & A Properties, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan for Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1059 by title only. 2010 PAGE 3 of 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt Ordinance No. 1059. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set April 20, 2010 as a final reading for proposed Ordinance No. 1060 for Application No.10-001-R submitted by D & A Properties, Inc. to rezone a tract of land consisting of 0.84 acres from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) Zoning District - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1060 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1060. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set April 20, 2010 as a final reading for proposed Ordinance No.1062 setting hours of operation for pool or billiard parlors, amusement parlors, and game rooms - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1062 by title only. 2010 PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. B.2.a) Motion to approve the first reading of proposed Ordinance No. 1062. b) Discussion. c) Vote on motion. C. Presentation of SR 70 and US 441 Intersection Improvements - Chris Piazza, Florida Department of Transportation D. Motion to adopt proposed Resolution No.10-04 regarding the acquisition of property from Flagler Park for the SR 70 and US 441 Intersection Improvements Project - City Attorney (Exhibit 5). E. Presentation of the FY09 Audited Financial Statements - Debbie A. Goode, Hoyman Dobson. F. Consider a temporary street closing for SW 3'd through 6" Avenues, between North and South Park Streets and SW 41h Avenue between Blocks 106 and 107, South of South Park Street to Alley, submitted by the Chamber of Commerce for the 4" Annual Gang -Free Bike Fest on May 7'h through May 9'h, 2010 from 9:00 a.m. until 9:00 a.m. - City Clerk (Exhibit 6). G. Consider citizen board appointments - City Clerk (Exhibit 7). IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. Okeechobee, Florida WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficien operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme, "Public Works: Above, Below, and All Around You", speaks to the all -pervasive effort of public works professionals and their projects, while bringing quality of life contributions and the necessities of our communities to the citizens of the world. 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 May 16 - 22, 2010, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee. In witness whereof I have hereunto set my hand and caused this sea! to be affixed. James E. Kirk, Mayor Lane Gamiotea, City Clerk _ • • EXHIBIT 1 APRIL 6, 2010 ORDINANCE NO. 1058 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO.716, DIVISION 5 THEREOF, INCLUDING SECTIONS 90-567 THROUGH 90- 670, SECTIONS 90-672, 90-573, 90-580, 90-583, 90-588 AND 90-589 PERTAINING TO EXEMPT AND PROHIBITED SIGNS; SIGN AREA COMPUTATION; LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS; THE REGULATION OF TEMPORARY SIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOT LIGHTS; PLACEMENT STANDARDS FOR SIGNS; NONCONFORMING SIGNS; AND SIGNS AND ARTWORK NOT QUALIFYING AS MURALS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regulation that preserves the aesthetics within the City and protects the health, welfare and safety of its citizens; and adequately displays a commercial message; and WHEREAS, the existing sign regulations lack clarity with regard to the total area of signage allowed for an enterprise and other limitations on ground signs; and WHEREAS, the existing sign regulations lack clarity with regard to the permissibility of temporary signs and limitations as to the number, location, frequency and duration of display allowable for certain temporary signs; NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City Council for the City of Okeechobee, Florida amends herein Article IV, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS. Section. 90-667. Exempt signs (no permit required). (a) Signs in Non-residential Zoning Districts (no permit required). (10) Signs in Commercial and Industrial Zoning Districts (no permit required). e d. Window signs affixed to the interior of windows which are visible from the exterior. The area of such window signs shall not be counted as part of the allowable area for building signs. Language to be added Is underlined Language to be deleted is struck through e. "Sticky -back" window coatings or thin coverings affixed to the outside of windows by an adhesive shall not be counted as part of the allowable area for building signs. Section. 90-568. Prohibited signs. (15) Search or spot lights used to advertise or promote a business or event or to attract customers to the location, except as permitted under allowable where permitted as temporary signs. Section. 90-569. Sign area computation. (b) For building signs, except murals and noncommercial artwork, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. Section. 90-570. Permitted Allowable temporary signs (no permit required). (b) The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements associated therewith. Further, these signs shall not be counted as part of the allowable number or area of freestanding or building signs. - ; : - ; - spin 6 bwgrg- (3 21 Construction site identification signs provided that the sign: a. Does not exceed 32 square feet in sign area. b. Is not displayed more than 60 days prior to the beginning of actual construction of the project. C. Is removed within 15 days after the issuance of the final certificate of occupancy. d. Is removed if construction is not initiated within 60 days after the message is displayed, or if construction is discontinued for a period of more than 60 days, pending initiation or continuation of construction activities. e. Is not located on a public right-of-way. (4 3) Signs, including portable signs, to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: a. Is located on the lot same property where the event will occur or, if located elsewhere, the written consent of the property owner on which the sign(s) will be located has been obtained, b. Is not displayed more than 14 days prior to the event, and C. Is removed within three days after the event. Language to be added Is underlined Language to be deleted Is stmek through Ordinance No. 1058 Page 2 of 6 • • C. No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. Other signs such as portable signs banners and non -inflatable wind signs (no permit required). a. On..lots wrth.one`°sjngleoccupancy b'uildind not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: 1. The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be sixteen square feet in area and eight feet in height. & Total area of all signs. The combined sian area of building signs ground signs and pole signs is limited to one sauare foot for each linear foot of property on a frontage street plus one square foot for each two linear feet of property on side streets In addition the total area of other signs identified in subsection (1) (c) above shall not exceed 48 square feet. Section. 90-580. Placement standards. lJ\l:��ld�]t.l�ltll�l��►!l��l�[�II��I ICJ I�i.f �.1`ltit �:In:ul:�u:u�u:�un.��v� (be) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. Wij "77 Lc) All signs on private property shall be located in conformance with the minimum yard regulations of the district in which the sign is located except that signs in street vards shall comply with the following requirements and limitations: (1 No part of any sign shall be located closer than one foot to the property line: and, For signs on corner lots and located within the visibility triangle the bottom of the sign shall be at least ten feet above the crown of the adjacent road. or the top of the sign shall be less than two feet six inches above the crown of the adjacent road. Language to be added Is underlined Language to be deleted Is at uck-through Ordinance No. 1058 Page 4 of 6 (5 4) Within the CBD District only, temporary portable signs placed on the City owned sidewalk in front of the business provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. -- --- ----- -- - --- --- -- -- -- - -- -- --- - . . - -- - - -- . .. . . . .. . ..... 11 Section. 90-572. Building Signs. (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot, provide-U-1 that no single building fe�a-area (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet. No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single -use building located on property fronting on US 441 or SR 70. (Z 3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by Section (a) above. (c) Bracket signs or marquee signs. In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: Section. 90-673. Limitations on the number and type of signs. The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under Sections 90-570 and 90-572, respectively. La). Total number of all signs. Only the following_ number and types of signs and advertising devices shall be located on any lot or parcel at any one time, subject to the following_ conditions: Ground signs and pole signs (permit required). One ground sign or pole sign is allowed in the front yard, and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. Section . Inflatable wind signs, search lights, and spot lights (permit required). Not more than one inflatable wind sign or search liaht or spot liaht shall be permitted on a sinale lot or parcel. Inflatable wind signs, search lights, and spot lights shall be permitted only within the Commercial and Industrial Zoning Districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign, search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, Language to be added is underlined Language to be deleted Is struck through Ordinance No. 1058 Page 3 of 6 INTRODUCED for first reading and set for final public hearing on this 2010. ATTEST: day of James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2010 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is shuck through Ordinance No. 1058 Page 6 of 6 Section. 90-583. Nonconforming signs. Freestanding signs made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance of five feet from any property line shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way, or utility easement and that no interference with clear clearance distance exists, and further provided that such signs are otherwise in compliance with the terms of this Code. Section. 90-588. Signs and artwork not qualifying as murals. U Art forms on walls or other external building areas which are not considered murals due to their commercial content are permitted in the City of Okeechobee, but shall be considered signs, and the total area of such signs shall not exceed one hundred square feet of sign face. Such signs shall be subject to all applicable Sections in this division and the provisions of Appendix F shall not apply. Lb I Artwork on walls or other external building areas, which contains no commercial messages, and which is not considered a mural due to the fact that it is not a painted art form (e.g., wall paper or another material other than paint) are not considered signs and shall not be counted as part of the allowable area for building signs. Such artwork, however, shall not exceed 100 square feet in area. Section. 90-689. Unsafe locations and offensive signs prohibited. (a) As determined by the City Council, no sign, mural or artwork subject to this Section may contain any picture, representation, graphic or display, that the average citizen, applying contemporary community standards, would find that the sign, taken as a whole, appeals to the prurient interest; that the sign depicts or describes, in a patently offensive way, sexual conduct as defined in this code, and the sign lacks any serious commercial, literary, artistic, political or scientific value; and (b) No sign, mural or artwork may be in such proximity to the road or right-of-way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. Language to be added is underlined Language to be deleted is atrtrtk i-hough Ordinance No. 1058 Page 5 of 6 • • NDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FT..34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 7 i in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication. of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this ` day of AD Notary Public, State of Florida at Large 140TARY PUBLIC -STATE OF FL02 Angie Bridges Commission isssion #( DD779718 Expires: A?R. 20, 2012 BONDED TRRd ATLVMC SONDI.NG CO., Me. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE E TAKE NOTICE that the City Council of the City of Okeechob, I on Tuesday, April 6, 2010 at 6:00 p.m. or as soon therea at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a NG on and thereafter to consider final reading of the follow into law: NO. 1058: AN ORDINANCE OF THE CITY 01 SBILITY; PROVIDING FOR AN EFFECTIVE DATE. of the agenda may be obtained from the Cj website www.dlyi we.com, or contact Administration, 863-763- 372 x 212. A cop, re applicatl=s) is available at the City Clerk's Office and may be during regular business hours, Mon -Fri, 8am4:30pm, except PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter On - at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the department. In accordance with the Americans with Disabilities Act SADA) of 1990 per- sons needing special accommodation to participate n this proceeding should contact the Administration Office at 863-763-3372 for assistance. Lane Gamiotea, CMC, CITY CLERK 349581 ON 3/24/10 • GX.[11151'I' L APIUL 6, 2010 ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 10-002-SSA), submitted by property owner, D & A Properties, Inc., Anita Nunez, President, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on March 18, 2010, which determined such applicant to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.84 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No.1059 - Page 1 of 2 a. Application No. 10-002-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 1 THROUGH 5 OF BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1059 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 6 TH day of April, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the Wh day of April, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1059 - Page 2 of 2 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. Application No.10-002-SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 • before City Council. B. Petition No, 10-001-R submitted by D & A Properties, Inc. to change the Zoning classification on Lots 1-5 of Block 147, City of Okeechobee, from Residential Single Family -One to Heavy Commercial at 310 NE 7"' Street - Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing - Chair. 5. Board Discussion. • 6. Consider motion and vote. MARCH 18, 2010 -PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 6 MAXWELL - YEA HOOVER - ABSENT BURROUGHS - YEA KELLER- YEA LUVIANG - YEA MCCOY - YEA MORGAN - YEA BRASS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 before Co Council. Mr. Brisson presented the Staff Report for Petition No.10-001-R for rezoning from RSF-1 to CHV in connection with Application No.10-002 SSA. Staff recommends zoning request be changed to Light Commercial (CLT) for less density than CHV. Mr. Abney confirmed the choice of the applicant is CHV to be consistent with surrounding zoning. Darrell Ferneau,1302 SE 8°i Avenue addressed the Board expressing no objection, stating the development is very nice. Chair Maxwell closed the Public Hearing. The Board discussed the zoning, historical concerns, residential closeness to the development, and consistency. Member Burroughs moved to recommend approval to City Council for Petition No.10-001-R to change the zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 310 NE 7" Street, Lots 1-5, Block 147, City of Okeechobee; seconded by Member McCoy, MAXWELL-YEA HOOVER -ABSENT BURROUGHS-YEA KELLER- YEA LUVIANO - YEA MCCOY - YEA MORGAN - YEA BRASS - NAY MOTION CARRIED. V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 10-002-SSA submitted by D & A Properties, Inc. to change the Future Land Use classification on Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial at 310 NE r' Street - Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. MARCH 18, 2010 -PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 2 OF 6 Mr, Brisson presented the Planning Staff Report for Small Scale Comprehensive Plan Amendment No.10-002-SSA stating land use change is to accommodate parking for the development of Shoppes on the Boardwalk. Staff is recommending approval suggesting at site plan review the applicant be required to have unity of title or some legal document tying the parcels together. Wes Abney, representing Seminole Design Build addressed the Board and confirmed the land use change was for parking for the development. Chair Maxwell asked whether there were questions for Mr. Abney from the Board. There were none. Chair Maxwell opened the Public Hearing for any questions or comments from the public. There were none. Chair Maxwell closed the Public Hearing. Board inquired why unity of title was suggested. Mr. Brisson explained unity of title would tie this parcel to the larger development parcel and could not be developed as long as parking was required for the development. Member Burroughs moved to find the application consistent with the Comprehensive Plan and recommend approval to City Council to change the land use designation from Single Family (SF) to Commercial (C) for property located at 310 NE 7 h Street, Lots 1-5, Block 147, City of Okeechobee, Application No.10-002-SSA; seconded by Member McCoy. With additional conditions that the subject property be tied by unity of title to be used in conjunction with the development of existing property. • EXHIBIT I City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34174-2"3 Phone.- (863) 763-3372, exL 218 Fax: $63) 763-16" Comprehensive Plan Map Amendment Application and Checklist Please Check One: �P' Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): -4-'-) 4- Ar -Poop e a-A-)'E:S rt H s Owner mailing address: C 1 Aj, f 5 t V V— c e.4 .L, 0'-01 Cr r=-- s 4 10L.7 z, Name of applicant(s) if other than owner (state relationship): Applicant mailing address:T-d ���// -- --� Applicant e-mail address: 7k D k �- & s'D 15TE.A&K : ►n . Name of contact person (state relationship): G1 . r Contact person daytime phon Property address / directions to property: 1 p j, 7 U 5 t r✓ Parcel Identification Number: 3- S- 3 7 _ 3 - pG i ©- p - -c C? $ Size of the Property (in acres): by Current Zoning Designation: J= jZ Current Future Land Use Designation: S j-,O =Y Existing Use of the Property. j✓;q �. ���c�o�,/� ,"=e ,�j�„�t� e'7� u Proposed Future Land Use Designation: Proposed Use of the Property- �—� f�^v iz,�, �� �� 7� � 2 Al t ' Description of Surrounding Properties: i 4-A"- Legal Description of the Property (Lengthy Description May be Attached): JJ // e CAesit Uniform Land Use Application (rev, 11/08) Page t of 2 rrA Survey of Property (11" x 14", 20" Scale) 88550.00 small scale $4,000 large scale plus $30 per acre Application Fee (non : - refundable) NoteResolution No. 98-11 When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual cost. Letter Outlining Request City Location Map Notarized Letter of Owner's Authorization J I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 dayyand may result in the summary denial of this application. Printed Name Date Checklist for Comprehensive Plan Amendment a lications JIII 1 Completed and signed application 2 Applicants letter outlining request 3 Notarized letter of consent from owner * �' 4a property survey certified boundary survey, date of survey, surveyor's name, address and phone number 4b Legal description on survey 4c Computation of total acreage to nearest tenth of an acne on survey 4d Drawing size l l x 17 if larger size, submit 13 copies 5 City location map within 100 feet of subject property 6 Application fee (non-refundable) - $ 850.00 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. * Necessary only when the applicant is different from the property owner. Uniform Land Use Application (rev. 11/08) Page 2 of 2 • • D & A Properties Inc. 701 N.E. 3rd Street Okeechobee, FL 34972 (863)467-0611 From: Anita Nunez To: City of Okeechobee As a director / owner of D & A Properties Inc. I authorize the request for Comprehensive Plan map Amendment and rezone of 310 N.E. 70' Ave., five lots, to heavy commercial from RSF 1. O Anita Nu oe Sworn and subscribed to me this d7— day of By J,, 6 �, Who is personally known `/ or who has produced ID Notary Public State of Florida County of : d R n �a b if8 RBF /Cap No.5178 — — — — — — — — — — o� w fiIrtTH GTfMET (P 1 a S I 70'R/M - ASPHALT RBA o N89154'1B'E 272.75'(F) 272.8'(P) I VALVE 1 1 O LOT 5 iv LOT 4 LOT 5 I LOT 2 0. SA AC +/— j VACAM — — _T r RBF N/Cap No.5081 �f RBF:Unnumbered k W/Ar*-IOR / RBR � RBA S89.54' 51' W 214, 12' (F. P) i�..L�Y 14. 89' (C1 S5' (P) r � � � � � "- — -----TTT — — — T RBF w/Cap N fi2880. ' _ /n y / / TglyK ° WELL \ \ \ COrl'IERC I AL / \ BACKFLOW I F'REverl'FER `� 1>0X I NOTE: ALL CORNEAS RESET PER PREY I OUS HOGS PI � L I FT � SURVEYS PERFORMED BY DEHAYS DESIGN, JOB NO. Dg-002-5, OWG. NO. 28688, DATED 6TAT10(I \ 1/23/09 G JOB NO.09-00-S, DWG. NO.27548, _ / DATED 4/28/09. / VALVE / \— — — 40 20 0 40 SCALE : AS SHOWN TYPICAL LEG" (WHERE APPLICABLE -SEE DRAWING) PAN -PERMANENT REFERENCE MONUMENT PCP -PERMANENT CONTROL POINT CNF-CONCREW MNNNENT FOUND CMS -CONCRETE MONUMENT SET RBF-5/8'REBAR FMARD RBR-6/B'REBAR RESET N/Cap No.5118 IPF-IRWI PIPE FOUND POL-POINT•ON-LINE UTS-UNITED TELEPHONE SERVICE FPL-FLORIOA POWER G LIGHT CO. (FI-FiELO MEASURE (PI -AS PER PLAT (CI-CALC.DISTAWCE (D)-AS PER DEW S/T-SEPTIC TANK MH -MANH)LE FC -FENCE CORD PP -POWER POLE CMP-CORAUG. MET.PIPE TOO -TOP OF BANK RCP-REIRF, CND. PIPE CB -CATCH BASIN —a- OVERHD. LINE NN -WATER METER - FENCE LINE UG -UNDERGROUND AIZVEYOR rOTM I. Bearings shown are relative assuming 1,N' S21'08 55'W along East Property Line, S 2. This survey Is based on Information provided by the customer/agent and no search was made of public records by m this office to verify or deny owners, Q n sasements,or right -of ways. 3. Ma visible or underground Improvement has been located except as shown. 4. This survey is not valid without (�JI the signature and the orltlnal raised seal of a Florida Licensed Surveyor and Mapper. } g Additions or Deletions are prohibited without written consent of Surveyor. i{S 5. According to FIRM map dated 2/04/081 a panel • 120177 02008, parcel Iles In Not Included Area City Limits, of Flood Zone C. Okeechobee County < Q a per Planning G Zoning Department. tD 6. There may be additional restrictions S e that are not recorded on this survey that say be found in the Public Records. � N Y BOJ'1pARY QJZVEY OF: $ LOTS 1, 2, 3, 4 G 5, BLOCK 147. OKEECHOBEE, U according to the plat thereof as record- In Plat Page ff a I4 ed Book 5, 5 of the Public Records of Okeechobee County, Florida. u f .D N N C a � s 53 , I N.E I TN STREET 1� �J. E. 6 IH STR E.5 fN SCREE w u N. E.4 7N STREE s e t7_ — 19��1 fi S 5 l 2 3 _ TN. E. RO STRUT I�$II N.L NO STRE STATE ROAD_10 n m R _ LI I ul Iz uasz°-cowl -- s C — ° 9 s. E.2 NO STREET 25.2 ,u.A A z ec rc I zs 0 SEABOARD (,OAST IINE RA ILOW z 4 .E. 390 CT. TE ROAD /0 1121 r, II ni Ita�[-I I cz ai L537i500f051500002 o r f o 9 153735QO/�O150�001 �-�----,�•�--- o a o _ L3� a o v ate. s 71_ of 1 It E. 6 1KI AVENUE CD N �_r ] TI m - u-i M 0 C o � D 4 = - r-_ o � a1 :1 i I42-- 142,9 150 150 150 150 ICJ, E. I I-1 AVENUE — T 150� warm 157 15D Eil (L w LIl � LSl u p O O O p o c: o � G " v O /60 f' 150 150 — 0 - f c � � UYLIC Uri.( z 0 w a A V �_ p �� t I/ r �1 � o n a — not ry 50— Lu r% a — yi �z, t- T .• lu � CRAPIOC BCAti t¢J i •..Ay VMV No 1 o Wnur Ww�uN.w � �� 1 � u.w a..n •.r t t •i � 1 / A f I d BHOPP [• ON THE BOARDWALK KCNNEDY. LYNCH 6iNYBABDC.. INC. OONBYLNO OML �NC i LANO OCVCLOrNCM ODNCYITAMC M1 wA OOClIIGY [7s �i.�' 1375 JacM Street, Suite 206 • Fort Mye?l Florida 33901-2943 Phone: 239-334-3366 Fax: 239-334-6384 Prepared for: The City of Okeechobee Applicant: Anita Nunez — D & A Properties, Inc. Petition No. 10-002-SSA Staff Report Small Scale Amendment O wnerIP4%Aicard: Applicant Address: Applicant/Contact Phone Number: Applicant/Contact Fax Number: E-M-ail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage Applicant: D & A Properties, Inc.. Petition No.: 10-001-SSA Anita Nunez,, D i A Properties 701 H-E. 3`d Street Okeechobee, FL 34972 863-467-1115 863-467-0610 RDaughtrey@SDBTeam.com Wes Abney, Business Operations Existing Residential Single -Family RSF1 Vacant 0.84 Property Location: 310 N.E. Ph Street Proposed Commercial' CHV Commercial Parking Lot 0.84 Legal Description: LOTS 1, 2, 3, 4, 5, BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. iDscription of ttrE Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial for 0.84 acres of land located at the southeast corner of NE 7th. avenue and NE 3Id Street. The intended use of the property is a 73 space parking lot, part of the Shoppes on the Boardwalk development and will provide required parking for other commercial components of the project. • Staff Report • Applicant: Nunez - D & A Properties, Inc. Small Scale Amendment Petition No.: 't0-002-SSA Adjacent Future Land Use Map ClassMications and Zoning Districts North: Future Land Use Map Classification: Commercial Zoning District: CILT Existing Lard Use: Single -Family (Residence, but the property has been approved for offices as part of the overall Shoppes on the Boardwalk project. East Future Land Use Map Classification: Commercial Zoning District: CMfV Existing land Use-. Vacant and Taylor Creek, but the property to the southeast has been approved for indoor recreation with future retail and/or office development planned for the property immediately to the east, all as part of the overall Shoppes on the Boardwalk project. Future Land Use Map Classification: Commercial South Zoning District: CHV Existing Land Use: Retail and/or offices approved as part of the overall Shoppes on the Boardwalk project. West: Future Land Use Map Classification: Single Family Zoning District: RSF1 Existing Land Use: Single -Family Residence Generaf Analysis • Staff Comments Based on the size of the property (0.84 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. 2 Staff Report Applicant: Nunez — D & A Properties, Inc. Small Scale Amendment Petition No.: 10-002-SSA A. Consistency with the Land Use Catetgories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goad of the City, as set forth on page 1 of the Future Land Use Element, is to °... maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land: Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible Land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The requested Commercial future land use designation appears to be consistent with the general pattern of commercial expansion evident in the area, particularly in light of the recent approvals for commercial uses on parcels to the immediate north, south and east. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities The applicant has indicated that the property is proposed only for use as a parking lot for nearby commercial components of the Shoppes on the Boardwalk project. Consequently no additional demand for water or sewer, or generation of solid waste or traffic can be expected beyond that associated with previously approved commercial components of the Shoppes on the Boardwalk project. However, in order to ensure no additional or unanticipated intensity of use on the property as envisioned in the foregoing paragraph, the subject parcel, should be tied by unity of title or other mechanism to the properties for which it is providing required parking. 3 Staff Repout Applicant: Nunez - D & A Properties, Inc. Small Scale Amendment Petition No.: 10-002-SSA C. Compatibility with Adjacent and Nearby Land Uses Use as a parking lot is compatible with nearby and adjacent uses. All immediately surrounding properties are part of the Shoppes on the Boardwalk. Properties to the east and northeast are largely zoned and developed in residential uses, although some are vacant. Recommendation Based on the foregoing analysis, Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Single -Family to Commercial subject to a condition that the subject parcel is tied by unity of title or other legal mechanism to the properties for which it is providing required parking. Submitted by: James G. LaRue, AICP Planning Consultant March 10, 2010 Planning Board hearing: March 18, 2010 Council Hearing: April 6, 2010 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 4 Staff Repopf Small Scale Amendment Applicant: Nunez — D & A Properties, Inc. Petition No.: 10-002-SSA CITY FUTURE LARD USE 11 12 L 8 9 !i10 11 12i; 2 1 M LAMIUM .E : n"_ fahait.. hDAMAa tW "ISI DENT IAL tt)(3) `i * I = Subject Property 21 P 22 23 5 Staff Report • Small Scale Amendment Applicant: Nunez _q& A Properties, Inc. Petition No.: 10-002-SSA V CITY ZONING vl- 2$MWFFffff-T = Subject Property 6 r w -AND p E ENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W_ 17th S[reet, Suite O, Okeechobee, Fl. 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a __ , in the matter of f'`i 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, firin or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large '`OTARY Puluc- ,ATE OF FLORIOh -� 's Angie Bridges =Commission #DD77,7i s soNii Expires: APR. 20, 2012 ED MRU IMAM BONDING CO., TtjC. PUBLIC Ntn'ICE CONSIDE« TITIOON RDINANCrNG TAKE NOTICE that the City atounci of the or as of Ole MereafterFlon- pon- on Tuesday, April 6:00 d City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC IG on and thereafter to consider final reading of the folb Ordl ID USE MAP IN 4ENSIVA D RE ISEDPROVIDINGfRE AN E fECtIVE DATE. THE COMPRE- rhe Ordinance is regarding Small Scale Comprehensive Plan Future land Jse Map Amendment Application No. 10-002-SSA, submitted by property owner, D & A Properties,lnc Anita Nunez, President, to change the Future Land Use designation from SF to C, for property located at 310 NE 7th istapproz Legal 0.8 acre(s)j.. The proposed Block rse is for a parking lof Okeechobee, i ,and A copy of the agenda may be obtained from the CLY website www.dtvofo' keechobee.com, or contact Administration, (863) 763-3372 x 212. A cop) lof arthe enbre bus business hours, M oon-Fn, 8am-4:3 pm, except for Is available at the City holidays. during regu PLEASE aanTdeci decision maadde by the City Council AND BE ADVISED that if n cill with respect to airy matter con y person desires lo al) y sidered at this meeting, or hearing will need to ensure a verbatim record o the proceedings is made, which record includes the testimony and evkfeno upon u pose off thek p for is to the department. based. ent.� Clerk media are used for the wL In accordance with the Americans with Disabilities Act (ADA) of 1990 pei sons needing special accommodation to participate In this proceedin shoulG o tact the Administration dmi is QER Office at 863-763-3372 for assistance. • • LkHIBIT 3 APRIL 6, 2010 ORDINANCE NO. 1060 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO+tEAVY— COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYANDAN --- EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, D & A Properties, Inc., Anita Nunez, President, owner(s) of the property more particularly described hereafter, has heretofore filed Petition No.10-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.84 acre(s) from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) were reviewed by the City's Planning Board at a duly advertised meeting held on March 18, 2010, and determined to be consistent with the Comprehensive Plan while duly noting that the Planning Staff Report is recommending Light Commercial (CLT) as a more appropriate zoning; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board to rezone the property to Heavy Commercial (CHV) and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of 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. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 5, BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (0.84 acres) zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1060 Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading public hearing on this 61' day of April, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after First Public Hearing this 20t' day of April, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1060 Page 2 of 2 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. Application No.10-002-SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 • before City Council B. Petition No.10-001-R submitted by D & A Properties, Inc. to change' the Zoning classification on Lots 1-5 of Block 147, City of Okeechobee, from Residential Single Family -One to Heavy Commercial at 310 NE Ph Street - Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing - Chair. 5. Board Discussion. a6. Consider motion and vote. MARCH 18, 2010 -PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 6 MAXWELL-YEA HOOVER -ABSENT BURROUGHS-YEA KELLER- YEA LUVIANO-YEA MCCOY - YEA MORGAN - YEA BRASS - YEA MOTION CARRIED. 11 Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 before City Council, Mr. Brisson presented the Staff Report for Petition No.10-001-R for rezoning from RSF-1 to CHV in connection with Application No.10-002 SSA. Staff recommends zoning request be changed to Light Commercial (CLT) for less density than CHV. Mr. Abney confirmed the choice of the applicant is CHV to be consistent with surrounding zoning. Darrell Femeau,1302 SE 8"Avenue addressed the Board expressing no objection, stating the development is very nice. Chair Maxwell closed the Public Hearing, The Board discussed the zoning, historical concerns, residential closeness to the development, and consistency. Member Burroughs moved to recommend approval to City Council for Petition No.10-001-R to change the zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 310 NE 7" Street, Lots 1-5, Block 147, City of Okeechobee; seconded by Member McCoy, MAXWELL-YEA HOOVER -ABSENT BURROUGHS-YEA KELLER- YEA LUVIANO - YEA MCCOY - YEA MORGAN - YEA BRASS - NAY MOTION CARRIED. • 0 EXHIBIT 2 City of Okeechobee ate: _ C) I k) Petition No. General Services Department Fee Paid: co Jurisdiction: Cis M 55 S.E. 3`" Avenue, Room 101 V Hearing: 3 Mw 2" Hearing: Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, exl.. 210 Notices Mai w 1 Name of property owner(s): , t�v' 1:4q C- 2 Owner mailing address: ? % ,, .3zf i 7 Z- 3 Name of applicant(s) if other than owner -Pre&cfaw--L 4 Applicant mailing address: ' O tV - _V 5 W % 4a e-mail address:f A rye_ . �i�• i 5 Name of contact person (state relationsh ): 14-5d 6 Contact person daytime phone(s): p Pi RIS,., Property address/directions to property: Ad - 7z4 #i,5-/ P/4 Describe currant use of property: Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 / 10 Approx. acreage: , Is property in a platted subdivision? Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: j E 11 12 i Is a pending sale of the property subject to this application being granted? /-/In Describe uses on adjoining property to the North: P North: ;I Fast: Xle xt j✓ 13 South: t6-` 4f9,�.9� 6 14 Existing zoning: �.;= — Future Land Use classification �= :�Z' IS Request is for: ( Rezone (_) Special Exception (_) Variance 16 Parcel Identification Number: ye> - el )v A 17® {, Applicant's statement of interest in property ,c � 17 Revised 7/08 Page 1 of 10 • Non-refundable app icationtee: Rezoning; pecial Exception:Variance: ; all plus $30/acre Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and 18 Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty dew Notarized letter of consent form property owner (if applicant is different from property e 20 owner) Three property surveys (one no larger than I i" x 17") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number 21 b. Legal description (`') c. Co utation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office attached 23 Affidavit attesting to completeness and correctness of the list (attached) W, 'a 23 Current zoning classification: ,,!✓' equested zoning classification 4 cAf` e.' 01 rM What is the desired permitted use and intended nature of activities and development of the 24 property? A G,) ?A-Ytk � v� L - "f - /40�, /, ✓ L IZ ",4' property?� ���"l 25 Is a Special Exception necessary for your intended use? t3 Is a Variance necessary for your intended use?� 26 Applicant's materials addressing required findings for granting a rezoning (attach). 27 Describe the Special Exception sought: 28 Are there similar uses in the area? If so, describe them: 29 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: 30 Revised 7108 Page 2 of 10 31 Applicant's materials addressing standards for granting a special exception (attach) 32 Applicant's materials addressing findings required forgranting a special exception (attach)qj Describe the Special Exception sought: 33 Describe the physical characteristics of the property that make the variance necessary. 34 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 35 What is the minimum variance necessary? 36 37 Applicant's materials addressing standards for granting a variance (attach) 38 Applicant's materials addressing findings required for granting a variance (attach) '""Q 39 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signs a Printed Name Date Press x�efoa. DF 7eA Propk ties pLr Revised 7/08 Page 3 of 10 www.suriwz.org - tieparanent or rage i or Home Contact Us E-Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation D & A PROPERTIES (NUNEZ), INC. Filing Information Document Number P04000051915 FEI/EIN Number 200721573 Date Filed 03/23/2004 State FL Status ACTIVE Principal Address 701 NE 3RD ST. OKEECHOBEE FL 34972 Changed 01/26/2009 Mailing Address 701 NE 3RD ST. OKEECHOBEE FL 34972 Changed 01/26/2009 Registered Agent Name & Address NUNEZ, DAVID 2085 SE 4TH STREET OKEECHOBEE FL 34974 Officer/Director Detail Name & Address Title VPT NUNEZ, DAVID 2085 SE 4TH STREET OKEECHOBEE FL 34974 Title PS NUNEZ, ANITA 2085 SE 4TH STREET OKEECHOBEE FL 34974 Annual Reports V r (? L f fC''�lCi NYC( F'flSlC{.ev:t Vie. Cre 4 CLV-L Document Searches Forms Help Entity Name Search Submit Report Year Filed Date http://www. sunbiz. org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P04000051915 &inq_came_... 2/23 /2010 www.suiintz.org - iiepartment or 3tai� rage / of 2008 01/12/2008 2009 01 /26/2009 2010 01/14/2010 Document Images 0_1/14/2010 --ANNUAL REPORT View 01/26/2009 -- ANNUAL REPORT View image ! FD rrnato 01/12/2008 --ANNUAL REPORT View image in PDFofQrmat Q1/09/2007_ANNUAL REPORT View image ift PD ,_aformat 01/07/2006 -- ANNUAL REPORT View image in PJF forma# 01/04/2005 -- ANNUAL REPORT View image an Pp for t 03/23/2004 -- Domestic Profit .:VieYY image,n Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History Home , '':;intact us i Oocument Searches ! F-Filinq ` ervice.s i Forms HOp I Cv(.iyriciht and Privacv Policies Copyright t< 2007 State of Florida, DepartrTFcnt of State, Entity Name Search Submit._ http:Hwww. sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P04000051915&inq_came_... 2/23/2010 D & A Properties Inc. 701 N.E. 3rd Street Okeechobee, FL 34972 (863)467-0611 From: Anita Nunez To: City of Okeechobee As a director / owner of D & A Properties Inc. I authorize the request for Comprehensive Plan map Amendment and rezone of 310 N.E. 7th Ave., five loo heavy commercial from RSF I. ter.. A ita Nunez Sworn and subscribed to me this2Z_�'day of By A Who is personall nown ,j or who has produced ID Notary Public State of Florida County of : ��� _ JWITH LOCKHART WMW COMM M O W6160M PUBM "UOF WMJUL 102010 FLOpp► RU raw2 oa�rir • 0 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to fi that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest.,J 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect Llroperty values or living conditions, or be a deterrent to the improvement or development of adjacent property.11� 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhoodi,�.� 7. The proposed use will not create a de ' pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will to traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. - The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 0 • Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This a"it is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as o / � L' and the assertions made to me by members of that Office th the info r tion reviewed constitutes the most recent i ation available to that office. I therefore attest to this day of c;2D/d Signature of Applicant . Date --I Name -of Applicant ri V r typed) State of Florida County of Okeechobee Sworn to and subscribed before me this %f" day of V /dMz _ Q% Personally known to me ✓ or produced as identiff6ation and did not take an oath. 2. J& 2&Q ftv) Notary Public, Sfat6 of Florida Seal: W . LANE GANUOTEA Y COMMISSION # DD656199 EkPoWS: June 22,2011 NamryO10a �glOQ Ca Revised 7/08 Page 8 of 10 Return to: D & A Properties, Inc 701 NE 3 d Street Okeechobee, FL 34972 This Instrument prepared by: Carl Suarez D & A Properties, Inc. 701 NE 3`d Street Okeechobee, FL 34972 Parcel ID No:3-15-37-35-0010-01160-0070 Quit Claim Deed Made this 9th day of December, 2009 A.D.by Charles W. Suarez INIIII-II##191I1flill 2 Jvt1'L` " """ FILE NUM 14074 OR B.K. 00680 PG 0186 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE CDUNTYr FL RECORDED 12/16/2009 09:55:22 AM AMT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY M Pinon Ps 0186i lips) Whose address is: 17441 Brinkerhoff Lane, Okeechobee, Florida 34972 hereinafter called the grantor, to D & A Properties, Inc., a Florida Corporation Whose address is: 701 NE 3rd Street, Okeechobee, Florida 34972 hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal re-presentatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the stem of $ TEN AND NO1100 DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to, all that certain land situate in Highlands County, Florida, viz: Lots 1, 2, 3, 4, and 5, Block 147, OKEECHOBEE, according the the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat also being recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel ID No. 3-15-37-35-0010-01470-0040. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behoof of the said grantee forever. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in ourpresence: JLWA Witness Signature z Witness Printed Name iW Ness Signat ure Elides. Arrie Wimess.Print State of Florida County of Okeechobee Grantor Signature /' k y l e s S for Printed Name Post Office Address I hereby certify that on this day, before me, an officer duly authorized in administrator oaths and takes acknowledgements, personally appeared. known to me to be the said person described in and who executed the foregoing instrument, who acknowledged before me that he/she/they / executed the said, and an oath was taken. v_Said person is personally known to me. _Said person provided the following identification: Witness my hand and official in the County and State last aforesaid this9_day of1�a.C.. , AIDITH LOCKHART COMMrSSIOH.OD6W41 OWW ALID2D10 ecxMttaouott auauAr+acnr~ • 0 RBF w/Cap No,517ll •I --I— — Mx P_ VW GOTMT — — — — — — 6HELL r` 1 FI I r1TH CTREET 1 P) a 'l 70'R/W - ASPHALT /oI zI I ROR p N89'54'WE 272.75'(F) 272.8'(P)- FH V Ca I a LOT 5 LOT 4 LO`f 8 LOT 2 # = 0, SA AC H-/- ¢ s VACAFIT I i z — ——�----7 RBF w/Cap No.5081 elm M/ RBF:Unnumbered LF11 W/ArICHOR RBR 589'54'5)'M 214.t2'(F,P) xa.�.i I 14.89'(C) l5'fPl nRBR � ,ate I — _ / _ -- ---- I RBF w/Cap No. 52BB �./ /� y / / TAB O o L \ \ COMERC l AL / BACKFLOW ' PREVEFITER BOX � NOTE: ALL CORNERS RESET PER PREVIOUS HO6E BIBS 1 L I FT FT SURVEYS PERFORMED BY DEHAYS DESIGN, C / � JOB N0.09-002-5, DWG, N0. 2B68B, DATED 023/08 S JOB N0. 09-013-5, OMG. N0. 27848, �. _ / DATED 4/28/09. VALVE 40 20 0 40 SCALE : AS SHOWN TYP I CAI.. LEGEI't7 (WHERE APPLICABLE -SEE DRAPING) PAM-PERMANENT REFERENCE MONUMENT PCP -PERMANENT CONTROL POINT CMF-CONCRETE IONUKENT FOUND CMS -CONCRETE MONUMENT SET RBF-5/11vREBAR FOUND RBR-5/B'AEBAR RESET w/Cap No.508 IPF-IRON PIPE FOUND POL-POINT-ON-LINE UTS-UNITED TELEPHONE SERVICE FPL-FLGAIDA POWER G LIGHT CO. (F)-FIELD MEASURE (PI -AS PER PLAT "I -CALC.DISTANCE (01-AS PER DEED S/T-SEPTIC TANK MH -MANHOLE PC -FENCE CORNER PP -PGMER POLE CMP-COIRUG.MET.PIPE TOO -TOP OF BANK RCP-REINFCONC. PIPE CO -CATCH BASIN —o+—WOW LI NE MN -WATER METER —�c— FENCE LIME UG -UNDERGROUND 61RVEYOR MDTEM I. Bearings shown are relative assuming ��,i'��11111I S21108 55'M along East Property Line. m J 2. This survey Is based an Information provided by the customer/agent and no search was made of public records by this office to verify or deny owners, easements,or right -of ways. 3. Nn visible or underground Improvement /1 m has been located except as shown, 4. This survey Is not valid without Cam) a the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Addltlons or Deletlons are prohibited without written consent of Surveyor. 5. According to FIRM map dated 2/04/081 g ac panel v 120177 02008. parcel Iles )A Not Included Area Df CIty Limits, Flood Zone C. per Okeechobee County D Planning C Zoning Department. m n tP 6. There may be additional restrictions - c that are not recorded on this survey that may be found In the Public Records, m 7 y BOUrVARY Q R%eY OP. 0 LOTS 1, 2, 3, 4 C 5, BLOCK 147, OKEECHOBEE, according to the plat thereof as record- In Plat Book o ed 5, Page 5 of the Public Records of Okeechobee County, Florida. N - 0 e m o P 142. 5 71. 25 71. 2 f 5 0 50 N . FE., 6 T H AVENUE I A;Al 5 I 42, 5 c T) Cl T1g i CID LTI C 142.J5 5 lH 150 N� E. 7 TIC AVENUE (-C) ;7- cl O'NASHOHA TICHEE E A 4u 46 49,14 E U, .1 1-D I-W I'D A: 8 TH A VF --Ak Cj i JL Lit m a m 1\ v - e �II IIIIr — _—l�, , L �¢. Y� J _3_Z —� 4 5 __ IY••�\�;t m.. r lb N. E 6 TN STREFr FL Z 2 -A[ [_-__.Y tU=1 I-1 N F.5 TH STREET —- _ I� 41��' NE - To III T l 5 _ E 1 SINE I _ _ 2 - )� -0 U2 3 2A 25 j-�-5J_II—L_L9 ]�J9a_ N. E.V iN STNFEI 7 —�- xAlEx 1� xEIui---�---�-�-� 1. E v — 9 N C. I aD IMEET 9 d ILI .1 E. L H L2 26 I Jwt z v 11 N-E_2 ND STAIT:' l] le r a 9 m u tz I r c 9 to ROAD 1D 5TATE ROAD 10 U2620-0040i _ IIII Iiv o e i i 6a 5 II]AI r 6 ilt AC lGL4. y 0-7 .lel r r a uCL.I 5 1 70 P 11 C / _hL 1C — r 62 -- wz L-rY�`ar.�'�.. Ic /__. o o aD c r H a _ A - -15 - ,rr2iT 6 H x I F.. h« u g J' 11 11 1,) IV z — — r-- K � �c NELT _ 5 TII 'ST 6 � O e I a I _ • LYs v. au.R tnxmr I \ \! I � R K�EM A� R.,. BHOPPEB ON THE BOARDWALK KENNEDY, LYNCH 6 ABBOC.. 1 OON.YLTN((NOxN((R! i LANO D-(T(LOPN(NT OON(YLTANT. V RI • • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366, Fax: 239-334-6384 Staff Report Rezoning'Request Prvpaied for Applicant Petition No.. - Fro : To: City of0keechobee Anita Nunez i W F CII V D & A Properlies, Inc. • • Staff Repoet Applii wd: Murrez— D i A Pmpeetiies,, to e.. Rezala bV Rearrest Petite Noti::10-iid'A-R General Information Owner. Anita Nunez — D A A Properties, Inc. Owner Address-. 701 N.E. 3Id Street Okeechobee, FL 34972 Owner Phone Number: 863-467-11! 115/FA,X: 863-467-0160 Applicant-. Anita Nunez Alternate Contact: Wes Abney — Business Operator Applicant E-mail.- RDaughtrey@SDRTeam.com Future Land Use Map Classification Zoning District Use of Property Acreage Location: 310 N.E. 7th Street Existing Residential SingLe-Famify RSF1 Vacant lot 0.84 acres Proposed Commerciail C HV Parking lot providing parking for nearby cormmercial� components of the Shoppes on the Boardwalk project. 0.84 acres Legal Description: LOTS 1, 2,, 3, 4, 5, BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The Applicant requests a zoning change from RSF1 (Residential Single -Family) to CHV (Heavy Commercial) for approximately 0.84 acres of Land located at the southeast corner of NE 7tn avenue and HE 3Id Street. The intended use of the property is a 73 space parking: lot part of the Shoppes on the Boardwalk development and will provide required parking for other commercial components of the project. • • Skaff Report AppbcaW. Huunuea - D & A Pre ,. hoc.. Reaordng Request Ped onu No.: 104M-R Adjacent Future Land Use Map Classifcations and Zoning Districts North: Future Land Use Map Classification: Commercial Zoning District: CLT Existing Laced Use: Single -Family, Residence, but the property has beer, approved for offices as part of the overalil': Shoppes on the Boardwalk project. East Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant and: Taylor Creek; but the property to the southeast has been approved for indoor recreation with future retail and/or office development planned for the property Gmmediately to the east, all as part of the overall Shoppes on the Boardwalk project. South: Future Land Use Map Classification: Commercial Zoning District: C.HV Existing Land Use: Retail and/or offices approved as pairt of the overall Shoppes on the Boardwalk project. West Future Land Use Map Classification: Single Family Zoning District: RSFI Existing Land Use: Single -Family Residence Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the folilowing conditions. The Applicant has submitted a series of brief responses addressing these criteria. For ease of review, we have included the Applicant's responses followed by Staff Comments in bold typeface: 1. The proposed use is not contrary to Comprehensive Plan requirements. 2 Stall Report Applicant Nunez — D i A ems,. Inc. Rezoning Req es t PetlOwn No.::1®-tit-R "Correct. We agree with the Applicant's response. 2. The proposed use being applied for is specifically authorized under the zoning! district in the Land Development Regulations. "Correct." We agree with the Applicant's response except that we do not classify the intended use as a commercial parking lot Rather, the parking lot is intended to provide parking for other commercial uses of the Shoppes on the Boardwalk project. Therefore it should be considered an accessory use to associated commercial uses, provided that the property is tied by unity of title or other legal document to the properties for which it is providing required parking. 3. The proposed use will not have an adverse effect on the public interest. I1►M We agree with the Applicanrs response, and foresee no adverse affect on the public interest 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "Yes. We agree with the Applicanrs response and note that buffering, as may be necessary, and vehicular access and egress will be dealt with at the site plan approval stage. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. "Agree. Use as a parking lot is compatible with nearby and immediately surrounding properties are part of Boardwalk. Properties to the east and northeast are developed in residential uses, although some are vacant adjacent uses. All the Shoppes on the largely zoned and 3 • 0 Staff Report AppBcm*. Nunez — D A A Pnnw r Us,, hX.. Rezoning Request Dorn Wk.: 104M-R However, we believe that the least intensive zoning district that well accommodate the intended use should be applied. Based on preliminary information in the site plan application, the parking well entail impervious surface coverage in the area of 74%. The CLT district is the least intensive commercial district that allows sufficient impervious surface coverage to accommodate the proposed 73 space parking IoL 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. "lies." We agree and note that any buffering andfor other measures that may be necessary to protect adjacent and nearby properties will be addressed by the TRC during the site plan review. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. "'Correct. We agree with the ApplicarWs response, again, largely for the reason that the parking lot alone will not generate demand for utility services or generate traffic on its own. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Correct." We agree. The applicant has indicated that the property is proposed only for use as a parking lot for nearby commercial components of the Shoppes on the Boardwalk project Consequently, no additional traffic can be expected beyond that associated with previously approved commercial components of the Shoppes on the Boardwalk projecL Of course drainage and storm - water management issues will be addressed at the site plan approval stage. However, in order to ensure no additional or unanticipated intensity of use on the property occurs in the future, the subject parcel should be tied by unity of We or other legal mechanism to the properties for which it is providing required parking. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "Correct." We agree with the Applicar ffs response. Cl 0 • Staff R"mwt Appl eau Munoz — D & A Pre"ilks, hic.. Reaonky Requ&si IPeffile n Ili.. 104M-R Recommendation; Based on the foregoing analysis, Staff recommends denial of the application to rezone the property to, from RSF1 to CHV and recommend instead! approval to rezone the property to the least intensive district that will accommodate the intended parking lot, that being CLT. Submitted by. - James G. LaRue, AWCP March 10, 2010 PlanningBoard hearing: March 18, 2010 - City Council Hearings- April 6, 2010. Attachments: City's Future Land Use Map, City's Zoning Map, and County Property Appraiser's Aerial 5 Staff Rteped Applicant: Nunez - D &fit. Properties, lftc Rezoning Request Pe1ifiom No..: 110-0011-R2 City of Okeechobee Future Land Use Map 7 8 9 110 11 12 (ME ..3 RID ;SEE' 3 mu 'ME. 2 ©= Subject Property I&JI-1-1 MU-Y RES EENTALUDEDIGE I,DM%ER-UAL MPMLICFACU 21 LU 22 23 24 25 31 32 6 0 Staff Report Applicant Nu mwz - ® & A Piroperliks bx. RezanW9 Request Paton No.: 10401-dR City of Okeechobee Zoning Map "4 7.,LI 'LT rl It's¢? PLE :PLR>t Ply M ® = Subject Property 7 7 W-1 :7 Zia* .4 . • DCIiIBIT 4 APRIL 6, 2010 ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CODE OF ORDINANCES SECTIONS 14-175 THEREOF; SETTING HOURS OF OPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS, AMUSEMENT PARLORS; PERMITTING SPECIAL EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has, since initial ordinance adoption in 1982, restricted the ability of a business in Okeechobee in its hours and days of operation of pool or billiard parlors, amusement parlors and game rooms; and WHEREAS, over the past twenty-eight years the City of Okeechobee has seen tremendous growth, with the addition of business enterprises, including of those which install and operate games, such as pool tables; and WHEREAS, the economic viability of business within the City of Okeechobee is an important element of the local economy, and unreasonable restrictions upon hours and times of operation of certain businesses create an unnecessary hurdle to the success of such business; and WHEREAS, the operation of pool or billiard parlors, amusement or game rooms can be wholesome family entertainment, if managed properly, and those which fail to operate within the limits of local ordinance should face consequences, upon proper notice. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: I. THAT Section 14-175, Code of Ordinances for the City of Okeechobee, Florida, is amended in the following respects: Section. 14-175. Pool or billiard parlors, game rooms, amusement parlors. (a) Any permitted business establishment located in the City with a current Business Tax Receipt as provided by law, except as hereafter set forth, may promote, conduct or permit to be conducted, the placement of pool or billiard tables, or amusement devices, in business the establishment, including those that are lawfully licensed to sell and serve alcoholic beverages, for use and enjoyment by its patrons, invitee's or guests at the establishment; subject to compliance with all applie9ble eedes local and state codes, ordinances or statutes, including but not limited to fire safety, occupancy limits, health and building codes, compliance with codes concerning sale of alcohol and hours of operation, or other applicable code protecting the health, welfare and or safety of the our citizens. 1. For purposes of this ordinance. amusement devices are defined as those machines or gaming devices whereby a patron must pay or insert money to play various games, usually video in nature, pin -ball, poker, or similar games of chance, with the possibility of reward for playing successfully, such as money, additional free games, points, or other reward. Language to be added is underlined Language to be deleted is strut through (b) If the use of pool or billiard tables is made On eonjunetion with anothe or other busomess, the ;wner or operator of sueh establishment must obtain a separate lieense for sueh use, under the provisions of this Chapter and No business shall be issued a Business Tax Receipt to permit or otherwise conduct or condone the business of pool or billiard parlor, game room or amusement parlor within 500 feet of real property currently operating as a house of worship, church, or other congregation designated as such, or public or private school or day care center, and qualifying as such under City Codes, and applicable sections of State law. orthe Internal Revenue Code. The distance shall be measured from the front door of the business containing pool and billiard tables, or amusement devises, to the front door of the church, school or day care center, in a straight line. Any existing and licensed business operating at the time of adoption of this ordinance that may be closer than the allowed 500 feet may continue in operation, but shall not be granted a development permit to enlarge or otherwise expand the business, other than normal maintenance and repair. Upon sale, assignment or transfer of such business by the owner or authorized agent thereof, to any other person or entity, such business shall cease and shall not be issued a new or transferred Business Tax Receipt, unless such business were to continue in operation without the pool or billiard parlor, amusement devices or game room. Lcj For an establishment with a valid liquor or intoxicating beverage license, it shall be unlawful for any pool or billiard parlor, amusement parlor or game room to be operated from the hours of 2:00 a.m. and 7:00 a.m. on Tuesday through Saturday: from midnight Sunday to 7:00 a.m. Monday, and from 2:00 a.m. to 11:00 a.m. on Sundays. For an establishment with such games or amusement devices that do not hold a license to sell and serve liquor or intoxicating beverages, such hours of operation may be those as set by the business owner, or as permitted under applicable City Codes or Business Tax Receipt. Any licensed business may seek a Special Exception to the location of operation, and these hours of operation upon application to department of General Services upon compliance with the application form and conditions required by the department. That compliance with these regulations is a precondition to continued operation of a business and its Business Tax Receipt, therefore, a violation of this ordinance as it pertains to hours of operation, occupancy, and sale of alcoholic beverages, or other City Codes, may be enforced in the following manner by anv Law Enforcement Officer, Code Officer, or Fire Chief or his designee: 1. For a first violation, a written warning, signed by the owner, manager or authorized agent of the owner. 2. For a second or subsequent violation, a citation on approved forms used by Code Enforcement for referral to either the City Code Board or County Court, in the manner provided for in City Codes. 3. For a third or subsequent violation, revocation of the Business Tax Receipt for the business location, including any other business conducted on the premises, upon written notice of intent to revoke by the City Administrator. a. For purposes of this ordinance, it is prima facie evidence of violation of this ordinance upon acknowledgment by the owner or authorized agent of the owner by signing a warning; or by a factual finding of such violation by the City Code Board or by order of the County Court. Language to be added is underlined Language to be deleted is struck through Le Upon a third or subsequent violation, the business owner or authorized agent thereof may appeal a revocation of Business Tax Receipt to the City Council as provided in Section 50-41 of the City Codes. f That the failure of the City to issue citations or enforce this ordinance in any incident shall not be considered a bar to subsequent issuance of penalties by the City as provided herein. Section 14-176. . Reserved. it shalm be timlawful for smy pool or billiard parlor to be operated on Stinday between the hours of 2-00 s.rn. amel 12,00 midnight or to be operated between the hours e INTRODUCED for first reading and set for final public hearing on this 6t' day of April, 2010. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20t' day of April, 2010. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted Is struck through • LW)MIBIT is RESOLUTION NO. 10-04 APRIL 6- 2010 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U.S. HIGHWAY 441 INTERSECTION IMPROVEMENT PROJECT; AND AGREEING TO REVERT THE CITY'S TITLE AND INTEREST IN CERTAIN PARCELS OF FLAGLER PARK TO THE HAMRICK TRUST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has in its adopted Five Year Work Program [FPID No. 424846-1-32-01] a project to improve the SR 70/US 441 Intersection which will require the acquisition of property from Flagler Park that is currently operated and maintained by the City of Okeechobee; and WHEREAS, the City Council of Okeechobee supports the proposed design concept for intersection improvement project as presented at this meeting and as was previously presented to the public at a public workshop on April 1, 2010. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that at such time within this five year work program, as the Florida Department of Transportation seeks to acquire property from the Hamrick Trust (Flagler Park), the City agrees to revert its title and interest in the park property to the Hamrick Trust. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 61h day of April, 2010 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 10-04 Page 1 of 1 1 —m-yehobec to SO ' CITY OF OKEECHOBEE, FLORIDA Financial Statements ' Year Ended September 30, 2009 ' ' CITY OF OKEECHOBEE FLORIDA Table of Contents As of September 30, 2009 ' Page Introductory Section ' Title Page 1 Table of Contents 2 City Officials 3 ' Financial Section Independent Auditors' Report 5 ' Management's Discussion and Analysis 7 Basic Financial Statements Govermnent-wide Financial Statements • Statement of Net Assets — Governmental Activities 15 • Statement of Activities — Govermnental Activities 16 Fund Financial Statements Governmental Funds • Balance Sheet 17 • Statement of Revenues, Expenditures, and Changes in Fund Balances 18 • Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 19 ' Fiduciary Funds (Component Units that are Fiduciary in Nature) • Statement of Fiduciary Net Assets — Pension Trust Funds 20 • Statement of Changes in Fiduciary Net Assets — Pension Trust Funds 21 ' Notes to Financial Statements 23 Required Supplementary Information Other Than Management's Discussion and Analysis • Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - ' General Fund 43 • Schedule of Funding Progress — Pensions 44 ' • Notes to Required Supplementary Infonnation 45 • Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 47 t • Independent Auditors' Management Letter 49 • Affidavit of Impact Fee Compliance 53 CITY OF OKEECHOBEE, FLORIDA City Officials As of September 30, 2009 James E. Kirk Mayor, Chairman Roscoe Lowry Markham Dowling R. Watford, Jr. Clayton Williams Mike O'Connor Council Members John R. Cook City Attorney Brian Whitehall City Administrator Lane Gamiotea City Clerk India Riedel Account Supervisor Herbert Smith Chief of Fire Denny Davis Chief of Police Donnie Robertson Director of Public Works Oscar Bermudez City Engineer T Independent Auditors' Report The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida We have audited the accompanying financial statements of the governmental activities, the major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2009, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City of Okeechobee, Florida's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the fiduciary fund type and the discretely presented component unit. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the fiduciary fund type and the discretely presented component unit is based on the reports of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the major fund, and the aggregate remaining fund infonnation of the City of Okeechobee, Florida, as of September 30, 2009, and the respective changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated March 30, 2010, on our consideration of the City of Okeechobee, Florida's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. 215 Baytree Drive Melbourne, FL 32940 p: (321) 255.0088 f. (321) 259.8648 4767 New Broad Street Orlando, FL 32814 p: (407) 422.1681 f: (407) 514.2604 I www.hoyman.com The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two The management's discussion and analysis (pages 7 through 12) and required supplementary information (pages 43 through 45) are not a required part of the basic financial statements but are supplementary infonnation required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. A� �6600r �- Hoyman Dobson Melbourne, Florida March 30, 2010 ' CITY OF OKEECHOBEE FLORIDA ' Management's Discussion and Analysis September 30, 2009 ' Our discussion and analysis of the Florida's y e City of Okeechobee, Florida (the City) financial performance provides an overview of the City's financial activities for the year ended September 30, 2009. Please read it in conjunction ' with the City's basic financial statements, which immediately follow this discussion. FINANCIAL HIGHLIGHTS The following are highlights of financial activity for the year ended September 30, 2009: ' • The City's total assets exceeded its liabilities at September 30, 2009 by $19,079,881. 0 The City's total revenues were $6,346,085 for the year ended September 30, 2009, compared to ' total expenses of $5,831,049, which resulted in a $515,036 increase in net assets. ' OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The ' basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to basic financial statements. ' A. Government -Wide Financial Statements The government -wide financial statements, which consist of the following two statements, are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private sector business. The statement of net assets presents information on all of the City's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements can be found on pages 15 and 16 of this report. B. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated ' for specific activities or objectives. The City's funds can be divided into two fund types: governmental funds and fiduciary funds. ' Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the year. Such information may be useful in evaluating a government's near -term financing requirements. CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis ber 30, 2009 B. Fund Financial Statements (continued) Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -tern impact of the City's near -tern financing decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures and changes in fund balances provide reconciliations to facilitate this comparison between governmental funds and governmental activities. The basic governmental fund financial statements can be found on pages 17 through 19 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the govermnent-wide financial statement because the resources of those funds are not available to support the City's own programs. The basic fiduciary fund financial statements can be found on pages 20 and 21 of this report. C. Notes to Basic Financial Statements The notes provide additional information that is essential for a full understanding of the data provided in the government -wide and fund financial statements. The notes to basic financial statements can be found on pages 23 through 39 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of financial position. The following table reflects the condensed government -wide statement of net assets. City of Okeechobee Statement of Net Assets Current and other assets Capital assets Total assets Other liabilities Noncurrent liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets 2009 2008 $ 12,443,647 7,801,521 20,245,168 325,145 840,142 1,165,287 7,291,924 977,398 10,810,559 $ 19,079,881 $ 11,852,801 7,815,361 19,668,162 203,591 899,726 1,103,317 7,220,632 787,942 10,556,271 $ 18,564,845 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2009 Governmental Activities Total net assets increased by approximately $515,000 primarily as a result of an approximately $577,000 increase in total assets, offset by the approximately $62,000 increase in total liabilities. The increase in total assets was due to an approximately $858,000 increase in cash and cash equivalents, which was due primarily to an excess of property tax revenue and operating and capital grants and contributions in excess of operating expenses. Increases in cash and cash equivalents were offset by an approximately $125,000 decrease in balances due from other governments. The increase in total liabilities is due primarily to a $100,000 increase in accrued workers' compensation liability, offset by a reduction in the capital lease for the CAD system. The following table shows condensed revenue and expense data: City of Okeechobee, Florida Statement of Activities REVENUES: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Property taxes Public utility taxes Franchise fees Shared revenues Investment income and other Total revenues EXPENSES: General government ' Public safety Transportation Physical environment Interest on long-term debt Total expenses Change in net assets NET ASSETS, beginning ' NET ASSETS, ending 2009 2008 $ 753,433 $ 777,979 830,135 820,690 57,522 196,560 2,131,154 2,205,807 751,042 802,096 582,859 545,528 1,116,640 1,298,145 123,300 279,772 6,346,085 6,926,577 1,236,129 1,186,333 3,073,326 3,074,911 699,496 611,782 792,278 712,910 29,820 27,949 5,831,049 5,613,885 515,036 1,312,692 18,564,845 17,252,153 $ 19,079,881 $ 18,564,845 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis er 30, 2009 Governmental Activities (continued) The City experienced a decrease of approximately 8.4% in total revenues — an approximately $580,000 decrease to $6.3 million. Capital grants and contributions decreased approximately $139,000 based on the completion of the Commerce Park Retention Project. Shared revenues decreased approximately $182,000 due to the general reduction of funds collected by the State. The approximately $156,000 decrease in investment income and other revenue is due primarily to a general decrease in available interest rates. Total expenses increased approximately $217,000. The increase in expenses is due primarily to additional legal cost related to prior claims. FUND FINANCIAL ANALYSIS As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $11,443,756, an increase of $527,081 in comparison with the prior year. Approximately 90.7 percent of this total amount, $10,378,671, constitutes unreserved fund balance, which is available for spending at the government's discretion. The remainder of fund balance is reserved to indicate that it is not available for new spending because it has already been committed 1) for public facilities of $974,791 and 2) for a variety of other restricted purposes of $90,294. The general fund is the chief operating fund of the City. At the end of the current fiscal year, unreserved fund balance of the general fund was $10,308,486 while total fund balance was $11,348,552. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance and total fund balance represent approximately 154% and 169% of total general fund expenditures, respectively. The capital improvement impact fee fund, the largest fund included in nonmajor funds, recorded a year-end fund balance of $92,547, due to receipted and unexpended impact fees. Impact fees receipted are to be used for capital improvements; projects and/or equipment needs identified within the City's Comprehensive Improvement Plan. E H BEE FLORIDA CITY OF OKE C O , ' Management's Discussion and Analysis September 30, 2009 General Fund Budgetary Highlights The amount appropriated for expenditures in the original 08/09 budget decreased from $6,895,164 to $6,769,100 in the final 08/09 budget, a decrease of $126,064. The decrease in public safety expenses largely contributed to the overall decrease in expenditures. CAPITAL ASSETS AND LONG-TERM LIABILITIES ' Capital assets. The City's investment in capital assets as of September 30, 2009, amounts to $7,801,521 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, equipment, and construction in progress. During the year, the City's net capital asset balance decreased $13,840 from $7,815,361. 1 The City's major additions of $914,537 to capital assets during the current fiscal year included the following: • Entered into a lease for twenty-two police vehicles. • Repurchase of one lot of land within the commerce park ' • Completion of stone water retention project. ' • Completion of asphalt and resurfacing of streets. • hmprovements to sidewalks. • Commencement of reconstructing the vertical lift in City Hall. These additions were offset by depreciation expense of $385,330, and equipment disposals of $543,047, which largely relates to the sale of 24 police vehicles. City's Capital Assets ' (net of depreciation) 2009 2008 Land $ 1,308,014 $ 1,257,925 Buildings 1,144,706 1,198,599 1 Improvements other than building 4,145,109 3,628,846 Equipment 1,164,668 1,214,794 ' Construction in progress 39,024 515,197 Total $ 7,801,521 $ 7,815,361 Additional information on the City's capital assets can be found in note 4.C. on pages 32 through 33 of this report. CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2009 Long-term Liabilities City's Outstanding Debt Long-term Liabilities 2009 2008 Capital leases $ 509,597 $ 594,729 Compensated absences 330,545 304,997 Total $ 840,142 $ 899,726 The City's long -terns liabilities decreased $59,584 during the current fiscal year. Fewer vehicles purchased under capital lease equated to a decrease in long -tern liabilities. This decrease was offset by the increased additional liability for compensated absences. Additional information on the City's long-term debt can be found in notes 4.E. and 4.17. on pages 33 through 34 of this report. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET The City Council adopted the same millage rate 6.7432 for budget year 2010 as the prior budget year 2009. The adopted 6.7432 millage rate is 15.33% less than the roll -back rate and will generate 12.3% less ad valorem revenue than last year. Revenues for the fiscal year 2010 adopted budget for all funds of the City total approximately $18,000,821, an increase from the prior year budget of approximately $301,000. These revenues represent restricted and unrestricted fund balances including General, Public Facility, Capital Projects, and Special Law Enforcement funds. The change in revenue is based mostly on the usage of transferred funds from the public facilities fund for additional transportation expenses. Expenditures for the fiscal year 2010 adopted budget for all funds of the City total approximately $6,800,000, a decrease of approximately 1% from the prior year budget for all funds of approximately $6,900,000. Changes to the 2010 budget, coupled with the 4.17% and 7.7% decrease in expenditures in the prior two years budget, results in a 11.87% decrease over a three year period. The major changes occur in the General Fund and Public Facilities Fund. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the City of Okeechobee's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, Florida 34974. k BASIC FINANCIAL STATEMENTS C I CITY OF OKEECHOBEE, FLORIDA Statement of Net Assets - Governmental Activities September 30, 2009 ASSETS Cash and cash equivalents Investments Accounts receivable Due from other governments Inventory Overfunded pension costs Capital assets: Nondepreciable Land Construction in progress Depreciable, net of accumulated depreciation Buildings Improvements other than buildings Equipment Total assets LIABILITIES 11,357,272 123,801 105,908 186,310 7,588 662,768 1,308,014 39,024 1,144,706 4,145,109 1,164,668 20,245,168 Accounts payable 131,629 Accrued expenses 154,517 Unearned revenue 38,999 Noncurrent liabilities: Due within one year 192,844 Due in more than one year 647,298 Total liabilities 1,165,287 NET ASSETS Invested in capital assets, net of related debt 7,291,924 Restricted for: Law enforcement 2,607 Public facilities 974,791 Unrestricted 10,810,559 Total net assets $ 19,079,881 I The accompanying notes are an integral part of this financial statement. 15 CITY OF OKEECHOBEE, FLORIDA Statement of Activities - Governmental Activities Year Ended September 30, 2009 Program Revenues Net (Expense) Operating Capital Revenue and Charges for Grants and Grants and Changes in Functions/Programs Expenses Services Contributions Contributions Net Assets General government $ 1,236,129 $ 669,290 $ 131,507 $ - $ (435,332) Public safety 3,073,326 37,430 15,078 4,678 (3,016,140) Transportation 699,496 46,713 683,550 4,471 35,238 Physical environment 792,278 - - 48,373 (743,905) Interest on long terra debt 29,820 - - - (29,820) Total governmental activities $ 5,831,049 $ 753,433 $ 830,135 $ 57,522 (4,189,959) General revenues: Property taxes 2,131,154 Public utility taxes 751,042 Franchise fees 582,859 Shared revenues not restricted to specific programs 1,116,640 Unrestricted investment earnings 71,975 Miscellaneous 51,325 Total general revenues 4,704,995 Change in net assets 515,036 Net assets, beginning 18,564,845 Net assets, ending $ 19,079,881 The accompanying notes are an integral part of this financial statement. 16 CITY OF OKEECHOBEE, FLORIDA ' Balance Sheet - Governmental Funds September 30, 2009 Total Nonmajor Governmental General Funds Funds 'Cash ASSETS and cash equivalents $ 11,330,945 $ 26,327 $ 11,357,272 Investments 123,801 - 123,801 ' Accounts receivable 105,908 105,908 Due from other governments 186,310 = 186,310 Due from other funds - 68,877 68,877 ' Inventory 7,588 - 7,588 Total assets $ 11,754,552 $ 95,204 $ 11,849,756 LIABILITIES AND FUND BALANCES ' Liabilities Accounts payable $ 131,629 $ - $ 131,629 tAccrued expenses 154,517 - 154,517 Due to other funds 68,877 - 68,877 ' Unearned revenue Deferred revenue 38,999 11,978 - 38,999 - 11,978 Total liabilities 406,000 - 406,000 ' Fund balances: Reserved for: Encumbrances 57,687 22,412 80,099 Inventory 7,588 - 7,588 Law enforcement 2,607 2,607 Public facilities 974,791 - 974,791 t Unreserved, undesignated 10,308,486 70,185 10,378,671 Total fund balances 11,348,552 95,204 11,443,756 Total liabilities and fund balances $ 11,754,552 $ 95,204 ' Amounts reported for governmental activities in the statement of net assets are different because: Negative net pension obligation resulting from overfunding of the police officers' and firefighters' pension plans. 662,768 ' Deferred FEMA grant revenue recorded in the funds has been reversed and recorded as revenue in governmental activities. 11,978 ' Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. 7,801,521 Long -tern liabilities, including capital leases and compensated ' absences are not due and payable in the current period and, therefore, are not reported in the funds. (840,142) ' Net assets of governmental activities $ 19,079,881 The accompanying notes are an integral part of this financial statement. 17 CITY OF OKEECHOBEE, FLORIDA Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds Year Ended September 30, 2009 Total Nonmajor Governmental General Funds Funds Revenues Taxes $ 2,780,986 $ - $ 2,780,986 Intergovernmental 2,203,560 - 2,203,560 Charges for services 483,555 - 483,555 Pen -nits and fees 716,195 9,149 725,344 Fines and forfeitures 49,701 - 49,701 Investment earnings 21,772 3,564 25,336 Miscellaneous 51,325 1,929 53,254 Total revenues 6,307,094 14,642 6,321,736 Expenditures Current: General government 1,171,464 - 1,171,464 Public safety 2,825,144 - 2,825,144 Transportation 699,496 - 699,496 Physical environment 525,062 - 525,062 Capital outlay 914,537 - 914,537 Debt service: Principal retired 542,325 - 542,325 Interest 29,820 - 29,820 Total expenditures 6,707,848 - 6,707,848 Excess (deficiency) of revenues over (under) expenditures (400,754) 14,642 (386,112) Other financing sources (uses) Transfers in/(out) 659,745 (659,745) - Capital lease proceeds 457,193 - 457,193 Proceeds from sale of capital assets 456,000 - 456,000 Total other financing sources (uses) 1,572,938 (659,745) 913,193 Net change in fund balances 1,172,184 (645,103) 527,081 Fund balances, beginning of year 10,176,368 740,307 10,916,675 Fund balances, end of year $ 11,348,552 $ 95,204 $ 11,443,756 The accompanying notes are an integral part of this financial statement. 18 CITY OF OKEECHOBEE, FLORIDA Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2009 Net change in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. In the statement of activities, only the gain (loss) on the sale of capital assets is reported, whereas in the governmental funds, the proceeds from the sale increase financial resources. Thus, the change in net assets differs from the change in fund balance by the book value of the capital assets sold. ' The net effect of overfunded pension contributions that are reported as expenditures in the fund financial statements and are recorded as a net pension asset on the statement of net assets. The issuance of long-term debt (capital lease) provides current financial resources to governmental funds, while the repayment of the principal of long-tenn debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. This amount is the net effect of these differences in the treatment of long-term debt and related items. Some revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. This is the amount of revenues recorded in the statement of activities in the prior year, and now being reported as revenues in the governmental funds in the current year. $ 527,081 476,050 (489,890) (35,499) 85,132 (22,290) Compensated absences are reported in the statement of activities when eared. As they do not require the use of current financial resources, they are not reported as expenditures on governmental funds until they have matured. This is the amount of compensated absences reported in the statement of activities in the prior year that has matured in the current year. (25,548) Change in net assets of governmental activities $ 515,036 M CITY OF OKEECHOBEE, FLORIDA Statement of Fiduciary Net Assets - Pension Trust Funds September 30, 2009 COMPONENT UNIT General Pension Employees' Trust Funds Pension Trust ASSETS Cash equivalents $ 1,696,623 $ 1,466,176 Investments: U.S. Government agencies 118,646 98,872 Corporate and foreign bonds 909,079 757,565 Common equity securities 4,168,337 3,394,931 Receivables 17,519 64,607 Accrued interest and dividends 15,449 12,840 Prepaid expenses 5,289 4,312 Total assets 6,930,942 5,799,303 LIABILITIES Accounts payable 20,857 14,439 NET ASSETS Held in trust for pension benefits $ 6,910,085 $ 5,784,864 The accompanying notes are an integral part of this financial statement. 20 CITY OF OKEECHOBEE, FLORIDA Statement of Changes in Fiduciary Net Assets - Pension Trust Funds Year Ended September 30, 2009 ADDITIONS Contributions: State City Employees Total contributions Investment earnings: Net appreciation in the fair value of investments Interest and dividends Total investment earnings Less investment expenses Net investment earnings Total additions DEDUCTIONS Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year COMPONENT UNIT General Pension Employees' Trust Funds Pension Trust $ 135,505 $ - 102,947 358,463 70,201 188,170 308,653 546,633 28,370 25,523 61,119 50,208 89,489 75,731 (70,911) (47,024) 18,578 28,707 327,231 575,340 173,559 203,385 29,464 23,076 36,779 17,911 239,802 244,372 87,429 330,968 6,822,656 $ 6,910,085 5,453,896 $ 5,784,964 The accompanying notes are an integral part of this financial statement. 21 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 ' NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES ' A. REPORTING ENTITY ' The City of Okeechobee (the "City") was originally incorporated in 1915 and its present charter was adopted in 1919 under Chapter 8318 of Special Acts of 1919. The City operates under the council form of government and provides the following services: general government, public safety, transportation, and physical environment. ' These financial statements present the primary government and its component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are combined with data of the primary government. The City has no blended component units. Discretely presented ' component units are entities that are legally separate from the City, but whose relationship with the City are such that the exclusion would cause the City's financial statements to be misleading or incomplete. The financial data of these entities are reported in a separate column in the combined financial statements. Discretely Presented Component Unit City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System — Substantially all of the City's general employees and the employees of the Okeechobee Utility Authority participate in this cost sharing, multiple employer public employee retirement system. The plan was established by City Ordinance No. 655, as ' amended and restated by City Ordinance No. 686. Complete financial statements for this component unit may be obtained from the City's administrative offices ' located at: 55 S. E. Third Avenue ' Okeechobee, Florida 34974 B. GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. Governmental activities are those which nonnally are supported by taxes and intergovernmental revenues. Likewise the primary ' government is reported separately from certain legally separate component units for which the primary government is financially accountable. ' The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program reve- nues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or ' privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. CITY OF OKEECHOBEE, FLORWA Notes to Financial Statements September 30, 2009 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, charges for services, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental fund: The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The City reports the following nomnajor governmental funds: The community development capital project fund accounts for the assets, liabilities, revenues and expenditures related to the construction of infrastructure and other improvements in the City of Okeechobee, Florida. The impact fees capital project fund accounts for the City's collection and expenditure of impact fees, which are restricted to be spent on capital projects related to law enforcement, fire protection and transportation. The industrial development capital project fund accounts for the assets, liabilities, revenues and expenditures related to the construction of infrastructure and other improvements related to the industrial development within the City of Okeechobee, Florida. The law enforcement special revenue fund accounts for the assets that are restricted to fund certain expenditures of the City of Okeechobee, Florida's police department. CITY OF OKEECHOBEE, FLORIDA ' Notes to Financial Statements September 30, 2009 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION (CONTINUED) ' Additionally, the City reports the following fund types: The pension trust fund account is used to account for assets held by the City in a fiduciary capacity for the ' police officers' and firefighters' pension plans. The funds are operated by carrying out specific terms of statutes, ordinances and other governing regulations. ' Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in the government -wide financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. The effect of interfund activity has been eliminated from the government -wide financial statements. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Expenses for compensated absences are allocated based on the assigned function of the related employee. ! When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first, then unrestricted resources as they are needed. ' D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY 1. Cash and investments ' The investment of municipal funds is authorized by local ordinance and Florida Statutes which allow the Cit y to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized ' pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest -bearing time deposits or savings accounts in qualified public depositories, direct obligations of the U.S. Treasury, commercial paper with certain ratings, pre -refunded municipal obligations, banker's acceptances maturing within one year, investment agreements, direct and general long-term and short-term obligations of any state with proper credit rating and full faith and credit pledge, municipal obligations with proper credit rating and repurchase agreements with maturities of 30 days or less with organizations with certain stipulations and requirements. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 1. Cash and investments (continued) The City of Okeechobee, Florida invests certain surplus funds in an external investment pool, the Local Government Surplus Funds Trust Fund (the "State Pool"). The State Pool is administered by the Florida State Board of Administration ("SBA"), who provides regulatory oversight. On September 30, 2008, the SBA reported that the State Pool was exposed to potential risks due to indirect exposure in the sub -prime mortgage financial market. Consequently, the SBA placed some restriction on how participants could access portions of their surplus funds and ultimately restructured the State Pool into two separate pools ("LPIG" and "Fund B"). During the year ended September 30, 2009, the SBA renamed LPIG to Florida PFJNM. The Florida PREVIE has adopted operating procedures consistent with the requirements for a 2a7-like fund. The City of Okeechobee, Florida's investment in the Florida PRIlAE is reported at amortized cost. The fair value of the City's position in the pool is equal to the value of pooled shares. The Fund B is reported at fair value, determined by the fair value per share of the pool's underlying portfolio. The City pools the investments of its govermnental funds. Investment earnings of the pool are allocated to the participating funds at the end of each month based on the ratio of each participant funds' investment to the total pooled investment. Cash and cash equivalents include cash deposits, cash funds held in broker accounts, and investments held in the Local Government Surplus Funds Trust Fund (Florida PRIME). Within the pension trust funds, plan assets are managed by Bowen, Hanes and Company. The plans follow the investment guidelines as established within the ordinance. The pension trust funds are allowed to invest in the State Pool; obligations of the U.S. Government or agencies thereof, banking institutions within the state and other such institutions within the guidelines of the state statutes which are insured by the Federal Deposit Insurance Corporation; investments agreements; direct and general long-term obligations of any state with proper credit rating and full faith and credit pledge; municipal obligations with proper credit rating; annuity and life insurance contracts; bonds issued by the State of Israel; and stocks, bonds, and commingled funds administered by National or State banks or evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, provided that the corporation is listed on a nationally recognized exchange and holds proper credit ratings as set forth by a major credit rating service. These equity investments are not to exceed 60% of the assets of the pension trust funds on a cost basis. Temporary investment funds held by the custodian in a money market fund are classified as cash equivalents within the investment account. Pension trust fund investments are reported at fair value. Short-term investments are reported at cost, which approximates fair value. Securities traded on a national or international exchange are valued at the last reported sales price. Shares of mutual funds, including proprietary funds and common and collective funds, are valued at quoted market prices, which represent the net asset value of shares held by the pension trust fund at year end. Interest is recognized when earned. Gains and losses from the sale or exchange of investments are recognized on the transaction date. The difference between the excess of fair value over cost represents unrealized gains. CITY OF OKEECHOBEE, FLORMA ' Notes to Financial Statements September 30, 2009 ' NOTE 1 - SU MMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ' D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) ' 2. Receivables and payables All trade and property tax receivables are considered to be fully collectible. ' The City's property tax is levied annually on the real and personal property located in the City on January 1st of the prior year. Tax collections by the Okeechobee County tax collector begin in November of each year with a due date of March 31 of the following year. All property taxes remaining unpaid at May 30 are subject to a tax ' certificate sale. The City is permitted by state law to levy taxes up to 10 mills on assessed valuation for the General Fund. The tax rate for the fiscal year was 6.7432 mills. The City Council determines the millage rates and adopts a tax levy by resolution prior to September 30 to fund the ' next ensuing fiscal year's budget. The assessment of all properties and collection of municipal taxes are provided by the County's Property Appraiser and Tax Collector. The ad valorem tax calendar is as follows: Lien date - January 1 Levy date Prior to September 30 Due date - November 1 ' Delinquent date - April 1 All property taxes remaining unpaid at May 30 are subject to a tax certificate sale by the Tax Collector. 3. Inventory Inventories are valued at cost which approximates market, using the first-in/first-out (FIFO) method. The costs of ' inventories are recorded as expenditures when used (consumption method). 4. Capital assets Capital assets, which include: property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. ' Major outlays for capital assets and improvements are capitalized as projects are constructed. 1 2 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2009 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 4. Capital assets (continued) Property, plant, and equipment is depreciated using the straight-line method over the following estimated useful lives: Assets Buildings Building improvements Vehicles Equipment S. Compensated absences Years 25-60 12-20 10 5-15 It is the government's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. All sick and vacation pay is accrued when incurred in the government -wide financial statements. A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee resignations and retirements. 6. Unearned revenues Unearned revenues include amounts collected before the revenue recognition criteria are met. The unearned items consist primarily of business tax revenues. 7. Deferred revenues Deferred revenues include receivables which, under the modified accrual basis of accounting, are measurable but not yet available to finance expenditures of the current fiscal period. 8. Long-term obligations In the government -wide financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net assets. In the governmental fund financial statements, the face amount of debt issued is reported as other financing sources. 9. Fund equity hi the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Reserves for encumbrances represent amounts remaining on outstanding purchase orders and contracts that are not available for appropriation. Reserves for inventory represent amounts paid from current resources for use in future years that are not available for appropriation. Reserves for law enforcement and public facilities represent amounts that are legally restricted by outside parties for specific purposes. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS A. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS The govermmental fund balance sheet includes a reconciliation between fund balance -total governmental funds and net assets -governmental activities as reported in the government -wide statement of net assets. One element of that reconciliation states that "long-term liabilities, including capital leases and compensated absences, are not due and ' payable in the current period and therefore, are not reported in the funds." The details of this $(840,142) difference are as follows: Capital leases payable $ (509,597) Compensated absences (330,545) Net adjustment to reduce fund balance - total governmental funds ' to arrive at net assets -governmental activities $ (840,142) B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND ' STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES The governmental fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net changes in fund balances - total governmental funds and changes in net assets of governmental activities as reported in the government -wide statement of activities. One element of that reconciliation explains that "governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense." The details of this $476,050 difference are as follows: Capital outlay $ 914,537 Depreciation expense (438,487) Net adjustment to increase net changes in fund balances - total governmental ' funds to arrive at changes in net assets of governmental activities $ 476,050 Another element of that reconciliation states that "the issuance of long-term debt (e.g., bonds, leases) provides ' current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds." Neither transaction, however, has any effect on net assets. The details of this $85,132 difference are as follows: ' Debt issued or incurred: Capital lease financing $ (457,193) ' Principal repayments 542,325 Net adjustment to increase net changes in fund balances — total governmental funds to arrive at changes in net assets ofgovernmental activities $ 85,132 11 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (CONTINUED) B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES (CONTINUED) Another element of that reconciliation states that "some revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds." The details of this $(22,290) difference are as follows: FEMA grant revenue — Tropical Storm Fay $ (3,998) Charges for services — maintenance contract with FDOT (18,292) Net adjustment to decrease net changes in fund balances — total governmental funds to arrive at changes in net assets ofgovernmental activities $ (22,290) NOTE 3 — STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. BUDGETARY INFORMATION As permitted by GASB Statement No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments, the City has elected to disclose all budgetary infonnation in the notes to the required supplementary information. NOTE 4 — DETAILED NOTES ON ALL FUNDS A. DEPOSITS AND INVESTMENTS At year end, the City's (Primary Government) carrying amount of deposits was $11,356,908 and the bank balance was $11,508,929. Monies invested in amounts greater than the FDIC insurance coverage are secured by the banks pledging securities with the State Treasurer in the multiple financial institutions collateral pool. See also previous information outlined in Note 1.D.1 regarding the City's policies on cash and investments. In addition, the City maintained $324 of petty cash. As of September 30, 2009, $250,000 of the City's bank balances are covered by federal depository insurance (FDIC) through December 31, 2013 at which time it will revert back to $100,000. Monies invested in amounts greater than the insurance coverage are secured by the qualified public depositories pledging securities with the State Treasurer in such amounts required by the Florida Security for Public Depositories Act. In the event of a default or insolvency of a qualified public depositor, the State Treasurer will implement procedures for payment of losses according to the validated claims of the City pursuant to Section 280.08, Florida Statutes. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 ' NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) A. DEPOSITS AND INVESTMENTS (CONTINUED) At September 30, 2009, the City had the following investments: Investment Maturities (in ears More Investment type Fair Value Less than 1 1-5 6 - 10 than 10 Rating Agency Primary government: SBA (Florida Prune) $ 40 $ 40 $ - $ - $ - AAAm S&P SBA Fund B 123,801 - - 123,801 _ Not rated - $ 123,841 $ 40 $ $ 123,801 $ Pension trust funds: ' Money market fund U.S. Government $ 3,162,799 $ 3,162,799 $ $ - $ - Not rated - agencies 217.518 217,518 AAA S&P Corporate and foreign bonds 1,666,644 220,007 650,144 597,347 199,146 AA+ -BBB- S&P ' Conunon equity securities 7,563,268 $ 12,610,229 7,563,268 - _ - _ $ 10,946,074 $ 650,144 $ 814,865 $ 199,146 Credit risk Fixed income securities have inherent financial risks, including credit risk and interest rate risk. Credit risk for fixed income securities is the risk that the issuer will not fulfill its obligations. The City's investment policy and the investment policies for the pension trust funds limit investments to securities with specific ranking criteria. Interest rate risk Interest rate risk exists when there is a possibility that changes in interest rates could adversely affect an investment's fair value. In accordance with Florida Statute 218.415(6), the City's policy is to match investment maturities with known cash needs and anticipated cash flow requirements. The City's pension trust funds do not address interest rate risk. ' Concentration of credit risk Concentration of credit risk is an increased risk of loss that occurs as more investments are acquired from one ' issuer (i.e. lack of diversification). The City's investment policy and the investment policies for the pension trust funds do not specifically address concentration of credit risk. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES Receivables as of September 30, 2009 are as follows: Municipal Municipal Component Unit Police Officers' Firefighters' General Pension Pension Employees General Fund Trust Trust Pension Trust Franchise/Utility taxes $ 96,336 $ - $ - $ - Contributions - 12,756 4,763 64,607 Other 9,572 - - - Receivables, net $ 105,908 $ 12,756 $ 4,763 $ 64,607 C. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2009 was as follows: Beginning Balance Governmental activities: Capital assets, not being depreciated: Land $ 1,257,925 Construction in progress 515,197 Total capital assets, not being depreciated 1,773,122 Capital assets, being depreciated: Increases Ending Decreases Balance $ 50,089 $ - $ 1,308,014 39,024 (515,197) 39,024 89,113 (515,197) 1,347,038 Buildings 1,673,013 - - 1,673,013 Improvements other than buildings 4,626,815 738,087 - 5,364,902 Equipment 21252,877 602,534 (543,047) 2,312,364 Total capital assets, being depreciated 8,552,705 1,340,621 (543,047) 9,350,279 Less accumulated depreciation for: Buildings (474,414) (53,893) - (528,307) Improvements other than buildings (997,969) (221,824) - (1,219,793) Equipment (1,038,083) (162,770) 53,157 (1,147,696) Total accumulated depreciation (2,510,466) (438,487) 53,157 (2,895,796) Total capital assets, being depreciated, net 6,042,239 902,134 (489,890) 6,454,483 Governmental activities capital assets, net $ 7,815,361 $ 991,247 $ (1,005,087) $ 7,801,521 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2009 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) C. CAPITAL ASSETS (CONTINUED) Depreciation expense was charged to functions/programs of the government as follows: Governmental activities: General government Public safety Physical environment Total depreciation expense - governmental activities D. INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS $ 13,640 160,867 263,980 $ 438,487 During the year ended September 30, 2009, the Impact Fee Capital Project fund (a nonmajor fund) paid certain expenditures on behalf of the General fund. As of December 30, 2009, the City recorded a payable due from the General fund to the nonmajor fund in the amount of $68,877, which is expected to be repaid during the subsequent fiscal year. During the year ended September 30, 2009, the Impact Fee Capital Project fund (a nonmajor fund) transferred ' $652,099 to the General fund. The transfer represented proceeds from the sale of land in a previous year, and was transferred for the purpose of removing all balances and activity unrelated to the collection and expenditure of impact fees. Remaining current year transfers of $7,646 were not significant. E. CAPITAL LEASE ' The government has entered into lease agreements as lessee for financing the acquisition of certain computer equipment and vehicles for the police, fire and public works departments. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception dates. The assets acquired through the capital lease are as follows: ' Asset: Vehicles $ 457,193 Equipment 194,838 Total assets 652,031 Less: Accumulated depreciation (65,210) Total $ 586,821 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements ber 30, 2009 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL LEASE (CONTINUED) Obligations of governmental activities under capital leases at September 30, 2009, were as follows: Year Ending Sept. 30, Principal Interest Total 2010 $ 122,254 $ 24,412 $ 146,666 2011 128,645 18,021 146,666 2012 135,369 11,296 146,665 2013 98,065 4,215 102,280 2014 25,264 306 25,570 Total $ 509,597 $ 58,250 $ 567,847 F. CHANGES IN LONG-TERM LIABILITIES Long-term liability activity for the year ended September 30, 2009, was as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities: Capital lease $ 594,729 Compensated absences 304,997 Long-term liabilities $ 899,726 $ 457,193 $ (542,325) 153,726 (128,178) $ 610,919 $ (670,503) $ 509,597 $ 122,254 330,545 70,590 $ 840,142 $ 192,844 For the governmental activities, compensated absences and capital leases are generally liquidated by the general fund. NOTE 5 — OTHER INFORMATION A. RISK MANAGEMENT The City is exposed to various risks of loss, including, but not limited to theft, damage or destruction of its buildings, equipment, records, and monetary assets, and liability for personal injury, property damage, and consequences of employee and public official actions. The City participates in a non -assessable public risk pool to cover significant loss exposure and purchases commercial insurance for third party pollution liability coverage. The pool maintains a loss reserve and purchases specific excess insurance, aggregate excess insurance and multiple loss coverage from commercial carriers and underwriters. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 ' NOTE 5 — OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS Plan Descriptions — The City contributes to two single -employer defined benefit pension plans: City of Okeechobee ' Municipal Police Officers' Pension Trust Fund and City of Okeechobee Municipal Firefighters' Pension Trust Fund (the Plans). The Plans provide retirement, disability, and death benefits to plan members and their beneficiaries. Chapters 185 and 175 of the Florida Statutes establish the minimum benefits and the minimum standards for the operation and funding of the Police Officers' and the Firefighters' Municipal Pension Trust Funds, respectively. Per City Ordinances Nos. 750 and 749, sole responsibility for administering the Plans is vested in the Board of Trustees of each plan. The Boards cannot amend the provisions of the plans without the approval of the City. The Plans issue ' publicly available financial reports that include financial statements and required supplementary information. The reports are available frorn the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. Funding Policies — The contribution requirements of plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 5% of their annual covered salary for the Police Officers' and Firefighters' Municipal Trust Funds. The City is required to contribute an amount equal to the difference in each year between the total aggregate member contributions for the year, plus state contributions for such year, and the normal cost for the year, as shown by the most recent actuarial valuation of the plan; the current contribution rate as a percentage of covered payroll is 10.55% for the Police Officers' plan and 4.04% for the Firefighters' plan. The City recognized as revenues and expenditures on -behalf payments relating to pension contributions for its public safety employees that the State of Florida paid to the Police Officers' and Firefighters' Plans in the amounts of $83,892 and $51,613, respectively. These contributions are funded by an excise tax upon certain casualty insurance companies on their gross receipts of premiums from policy holders. ' Annual Pension Cost — The annual required pension contributions for the Plans were determined as part of the October 1, 2009 actuarial valuations using the aggregate actuarial cost method. The aggregate actuarial cost method does not identify or separately amortize unfunded actuarial liabilities. The actuarial assumptions included (a) 7% ' investment rate of return (net of administrative expenses) for both the Police Officers' Trust and Firefighters' Trust and (b) projected salary increases of 6% and 7% for the Police Officers' Trust and Firefighters' Trust, respectively. Both (a) and (b) included an inflation component of 3.5% and 4% for the Police Officers' Trust and Firefighters' Trust, respectively. The actuarial value of assets was determined using a method which recognizes actual investment return in excess of the assumed return evenly over a four year period. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 NOTE 5 — OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS (CONTINUED) Trend information for each of the City's defined benefit plans: Annual Percentage Net Year Pension Of APC Pension Ended Cost (APC) Contributed Obligation Municipal Police Officers' 9/30/07 * $ 258,165 96 % $ (329,530) 9/30/08 * 233,571 96 (320,687) 9/30/09 215,068 95 (310,869) Municipal Firefighters' 9/30/07 * $ 90,768 94 % $ (350,162) 9/30/08 * 75,540 102 (351,725) 9/30/09 66,669 100 (351,899) (*) The annual pension cost and net pension obligation for the years ended September 30, 2007 and 2008 have been restated by the actuary. Similar adjustments have been reflected in the separately issued pension audit reports. Funding Status and Funding Progress — The funded status of the Plans as of October 1, 2008, the most recent actuarial valuation date, is shown below: Actuarial Overfunded Accrued Liability AAL as a % Actuarial Value (AAL) —Entry Overfunded Funded Covered of Covered Of Assets Age * AAL Ratio Payroll Payroll (a) (b) (a)-(b) (a)/(b) (c) (b-a)/(c) Police Officers': $ 5,424,146 $ 5,201,828 $ 222,318 104.3% $ 947,296 23.5% Firefighters': $ 2,330,746 $ 2,104,641 $ 226,105 110.7% $ 456,742 49.5% * For purposes of this schedule, the AAL for the Plan is determined using the entry age actuarial cost method. Note that the ARC for the Plan is calculated using the aggregate actuarial cost method. The schedule of funding progress presented as required supplementary information (RSI) immediately following the notes to the financial statements, presents multi -year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the AAL for benefits. CITY OF OKEECHOBEE FLORIDA ' Notes to Financial Statements September 30, 2009 NOTE 5 — OTHER INFORMATION (CONTINUED) ' B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS (CONTINUED) Pension Plan — Discretely Presented Component Unit ' Plan Description - The City contributes to the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System (the System), a cost -sharing multiple employer defined benefit pension plan administered by ' the System's Board of Trustees. The System provides retirement, disability, and death benefits to plan members and their beneficiaries. The Board of Trustees is authorized by City Ordinance No. 686 to establish and amend all plan provisions. The System issues a publicly available financial report that includes financial statements and ' required supplementary inforination. That report is available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. ' Funding Policy — The contribution requirements of the plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 6% of their covered annual salary. The City is required to contribute at an actuarially determined rate; the current rate is 11.43% of covered payroll. The City's ' contributions for the years ended September 30, 2009, 2008, and 2007 were $99,150, $91,285 and $87,634, respectively, and were equal to the required contributions for each year. Pension trust funds fiduciary net assets activity as of September 30, 2009 was as follows: 1 COMPONENT ' Police Total UNIT General Firefighters' Officers' Pension Employees' ' ASSETS Pension Pension Trust Funds Pension Cash equivalents $ 525,512 $ 1,171,111 $ 1,696,623 $ 1,466,176 Investments: ' U.S. Government securities 34,605 84,041 118,646 98,872 Corporate and foreign bonds 265,148 643,931 909,079 757,565 ' Common equity securities Receivables 1,240,493 4,763 2,927,844 12,756 4,168,337 17,519 3,394,931 64,607 Accrued interest and dividends 4,527 10,922 15,449 12,840 ' Prepaid expenses Total assets 1,450 2,076,498 3,839 4,854,444 5,289 6,930,942 4,312 5,799,303 ' LIABILITIES Accounts payable 7,973 12,884 20,857 14,439 NET ASSETS ' Held in trust for pension benefits $ 2,068,525 $ 4,841,560 $ 6,910,085 $ 5,784,864 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2009 NOTE 5 - OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS - DEFINED BENEFIT PLANS (CONTINUED) Pension trust funds increase in fiduciary net assets activity as of September 30, 2009 was as follows: ADDITIONS Contributions State City Employees Total contributions Investment earnings: Net appreciation in fair value of investments Interest and dividends Total investment earnings Less investment expenses Net investment earnings Total additions DEDUCTIONS Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year .4101 1100W 1 UNIT Police Total General Firefighters' Officers' Pension Employees' Pension Pension Trust Funds Pension $ 51,613 5,755 22,837 80,205 $ 83,892 $ 135,505 $ - 97,192 102,947 358,463 47,364 70,201 188,170 228,448 308,653 546,633 14,032 14,338 28,370 25,523 18,482 42,637 61,119 50,208 32,514 56,975 89,489 75,731 (28,092) (42,819) (70,911) (47,024) 4,422 14,156 18,578 28,707 84,627 242,604 327,231 575,340 30,782 142,777 173,559 203,385 - 29,464 29,464 23,076 16,232 20,547 36,779 17,911 47,014 192,788 239,802 244,372 37,613 49,816 87,429 330,968 2,030,912 4,791,744 6,822,656 5,453,896 $2,068,525 $ 4,841,560 $ 6,910,085 $ 5,784,864 CITY OF OKEECHOBEE, FLORIDA ' Notes to Financial Statements C� ber 30, 2009 NOTE 5 — OTHER INFORMATION (CONTINUED) IC. POSTEMPLOYMENT BENEFITS OTHER THAN PENSION ' As required by Section 112.0801, Florida Statutes, former employees who have retired prior to October 1, 1987, as well as those who retire on or after such date, and their eligible dependents, have the option to participate in the City's Group Health hnsurance Plan (the "Plan"). The City requires retirees to pay 100% of the premiums for retirees ' and their dependents. However, inclusion of retirees into the Plan represents an implicit cost to the City, as the claims experience of active employees is conuningled with the claims experience of retirees to determine total health care costs per employee. The City funds this future implicit cost on a pay-as-you-go basis. Provisions of the Plan may only be amended by City Council. As of September 30, 2009, there are 2 participants (retirees) receiving ' benefits. For the year ended September 30, 2009, the City did not pay premiums for these covered individuals. D. CONCENTRATION — COLLECTIVE BARGAINING UNIT Members of the City's fire department are covered by a collective bargaining agreement. The agreement with the employees covered by the International Association of Firefighter's (lAFF) extends through September 30, 2009 and ' had not been renewed as of the date of our report. ' NOTE 6 — SUBSEQUENT EVENTS Long-term debt. The City entered into a 5 year capital purchase lease agreement for police vehicles on January 19, ' 2010. The City will make quarterly payments of $21,863, including principal and interest, through maturity. The nominal annual interest rate is 4.85%. REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MANAGEMENT'S DISCUSSION AND ANALYSIS ' ' CITY OF OKEECHOBEE, FLORIDA Schedule of Revenues, Expenditures, and Changes in General Fund Year Ended September 30, 2009 Fund Balances - Budget and Actual ' Actual Variance with Original Final (on Budgetary Final Budget Budget Budget Basis) Positive (Negative; Revenues Taxes $ 2,791,883 $ 2,762,083 S 2,780,986 $ 18,903 Intergovermnental 2,114,702 2,034,621 2,203,560 168,939 Charges for services 370,524 426,807 483,555 56,748 Permits and fees 544,961 653,493 716,195 62,702 Fines and forfeitures 26,100 34,574 49,701 15,127 ' Investment earnings Miscellaneous 140,509 80,214 30,550 51,323 21,772 51,325 (8,778) 2 Total revenues 6,068,893 5,993,451 6,307,094 313,643 Expenditures ' Current: General government: Legislative 13 8,93 8 143,134 135,224 7,910 Executive 167,320 159,614 154,711 4,903 City clerk 188,011 176,837 172,262 4,575 Financial services 208,191 198,422 195,079 3,343 ' Legal council General services 125,732 458,898 148,499 459,277 142,861 417,041 5,638 42,236 Total general government 1,287,090 1,285,783 1,217,178 68,605 Public safety: ' Fire 1,251,345 1,218,875 1,187,252 31,623 Police 1,824,008 1,780,754 1,734,993 45,761 Total public safety 3,075,353 2,999,629 2,922,245 77,384 Transportation 1,085,502 1,038,344 1,014,240 24,104 ' Physical environment 565,968 284,258 266,261 17,997 Capital outlay 449,982 631,523 630,160 1,363 ' Debt service: Principal 409,552 507,014 507,013 1 Interest 21,717 22,549 20,746 1,803 Total debt service 431,269 529,563 527,759 1,804 ' Total expenditures 6,895,164 6,769,100 6,577,843 191,257 Deficiency of revenues under expenditures (826,271) (775,649) (270,749) 504,900 Other financing sources (uses) Operating transfers in (out) - 659,745 659,745 Capital lease proceeds 422,961 457,193 457,193 - ' Sale of capital assets Net other financing sources (uses) 441,600 864,561 429,000 886,193 456,000 1,572,938 27,000 686,745 Excess of revenues and other financing sources over expenditures ' and other financing uses 38,290 110,544 1,302,189 1,191,645 Fund balances, beginning of year 10,176,368 10,176,368 10,176,368 - Fund balances, end of year $10,214,658 $ 10,286,912 11,478,557 $ 1,191,645 Reconciliation of budgetary ' to GAAP basis Current year encumbrances 57,687 ' Prior year encumbrances Fund balance on GAAP basis (187,692) $ 11,348,552 The accompanying notes to required supplementary information are an integral part of this financial schedule. 43 CITY OF OKEECHOBEE, FLORIDA Required Pension Supplementary Information - Schedule of Funding Progress Last Six Fiscal Years Police Officers' Pension Plan (Unfunded) Actuarial Overfunded Accrued (Unfunded) AAL as a % Actuarial Actuarial Liability Overfunded Funded of Covered Valuation Value of AAL AAL Ratio Covered Payroll Date Assets (a) Entry Age (b) (b-a) (alb) Payroll (c) ((b-a)/c) 2009 $ 5,424,146 $ 5,201,828 $ 222,318 104.27% $ 947,296 23.5% 2008 5,253,380 4,966,790 286,590 105.77% 917,647 31.2% 2007 4,973,343 4,722,755 250,588 105.31% 896,164 28.0% 2006 4,479,248 4,437,752 41,496 100.94% 862,664 4.8% 2005 4,057,398 4,276,250 (218,852) 94.88% 779,567 -28.1% 2004 3,804,195 4,075,135 (270,940) 93.35% 813,957 -33.3% Firefighters' Pension Plan Actuarial Valuation Date (Unfunded) Actuarial Overfunded Accrued (Unfunded) AAL as a % Actuarial Liability Overfunded Funded of Covered Value of AAL AAL Ratio Covered Payroll Assets (a) Entry Age (b) (b-a) (a/b) Payroll (c) ((b-a)/c) 2009 $ 2,330,746 $ 2,104,641 $ 226,105 110.74% $ 456,742 49.5% 2008 2,255,117 1,898,670 356,447 118.77% 461,494 77.2% 2007 2,123,157 1,705,380 417,777 124.50% 450,792 92.7% 2006 1,908,512 1,529,760 378,752 124.76% 404,892 93.5% 2005 1,717,461 1,354,645 362,816 126.78% 396,381 91.5% 2004 1,627,792 1,292,045 335,747 125.99% 409,985 81.9% * The annual required contribution (ARC) is calculated using the aggregate actuarial cost method. Information in this schedule is calculated using the entry age actuarial cost method as a surrogate for the funding progress of the Plan. 44 CITY OF OKEECHOBEE, FLORIDA ' Notes to Required Supplementary hifonnation September 30, 2009 ' A. BUDGETARY INFORMATION ' Annual budgets are adopted on a basis consistent with U.S. generally accepted accounting principles for all governmental funds. All annual appropriations lapse at fiscal year end. ' The City Administrator may make transfers of appropriations within a department as long as the total budget of the department is not increased. Transfers of appropriations between departments require the approval of the council. The legal level of budgetary control (i.e., the level at which expenditures may not legally exceed ' appropriations) is the department level. The council made certain supplemental budgetary appropriations during the year. ' Encumbrances accounting is employed in govermnental funds. Encumbrances (e.g., purchase orders, contracts) outstanding at year end are reported as reservations of fund balances and do not constitute expenditures or liabilities because the commitments will be re -appropriated and honored during the subsequent year. B. ADDITIONAL ACTUARIAL INFORMATION ' The information presented in the required supplementary schedules was deterinined as part of the actuarial valuations at the dates indicated. Additional information as of the latest actuarial valuation follows: Actuarial valuation date Actuarial cost method Amortization method Remaining amortization period Asset valuation method Actuarial assumptions: hivestment rate of return* Projected salary increases* Cost -of -living adjustment *Includes inflation at: Police Firefighters' Officers' Pension Plan Pension Plan 10/01/09 Aggregate N/A N/A Four year smoothed market 7.0% 6.0% 0.25% 3.5% 10/01 /09 Aggregate N/A N/A Four year smoothed market 7.0% 7.0% 0.25% 4.0% ' Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with GovernnientAuditing Standards The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida U We have audited the financial statements of the governmental activities, the major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2009, which collectively comprise the City of Okeechobee, Florida's basic financial statements and have issued our report thereon dated March 30, 2010. Our report was modified to include a reference to other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Other auditors audited the financial statements of the fiduciary fund type and the discretely presented component unit, as described in our report on the City of Okeechobee, Florida's financial statements. This report does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of Okeechobee, Florida's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of Okeechobee, Florida's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City of Okeechobee, Florida's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the City's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the City's financial statements that is more than inconsequential will not be prevented or detected by the City's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected' by the City of Okeechobee, Florida's internal control. f eili ird "tihlr< ;lr<-u tru tr�N;, 215 Baytree Drive Melbourne, FL 32940 p: (321) 255.0088 $ (321) 259.8648 4767 New Broad Street Orlando, FL 32814 p: (407) 422.1681 E (407) 514.2604 www.hoyman.com The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in the internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as described above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Okeechobee, Florida's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the detennination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of management, the Honorable Mayor and Members of the City Council, others within the entity, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. Hoyman Dobson Melbourne, Florida March 30, 2010 Independent Auditors' ' Management Letter The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida We have audited the financial statements of the City of Okeechobee, Florida as of and for the fiscal year ended ' September 30, 2009, and have issued our report thereon dated March 30, 2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and Compliance and Other Matters. Disclosures in that report, which is dated March 30, ' 2010, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which ' govern the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditor's reports or schedule: ❖ Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective ' actions have been taken to address findings and recommendations made in the preceding annual financial audit report. Corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report, as noted below: ' Internal Control and Compliance Findings: IC 2008-1 Year end analytic procedures Corrected Management Letter: MIL 2008-1 Timeliness of budget amendments Corrected ❖ Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we detennined that the City of Okeechobee, Florida complied with Section 218.415, Florida Statutes. ( rrIific i 1'ul,ii, 1, E,n, ,ntrrni'> 215 Baytree Drive Melbourne, FL 32940 p: (321) 255.0088 1 (321) 259.8648 4767 New Broad Street Orlando, FL 32814 p: (407) 422.1681 E (407) 514.2604 www.hoyman.com The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two ❖ Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. ❖ Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of laws, regulations, contracts or grant agreements, or abuse that have occurred, or are likely to have occurred, that have an effect on the determination of financial statement amounts that is less than material but more than inconsequential. In connection with our audit, we did not have any such findings. ❖ Section 10.554(1)(i)5., Rules of the Auditor General, provides that the auditor may, based on professional judgment, report the following matters that are inconsequential to the determination of financial statement amounts, considering both quantitative and qualitative factors: (1) violations of laws, regulations, contracts or grant agreements, or abuse that have occurred, or are likely to have occurred, and (2) control deficiencies that are not significant deficiencies, including, but not limited to: (a) improper or inadequate accounting procedures (e.g., the omission of required disclosures from the annual financial statements); (b) failures to properly record financial transactions; and (c) inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. In connection with our audit, we did not have any such findings. ❖ Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. The legal authority of the City of Okeechobee, Florida is disclosed in the footnotes. ❖ Section 10.554(1)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the special condition(s) met. In connection with our audit, we determined that the City of Okeechobee, Florida did not meet any of the conditions described in Section 218.503(1), Florida Statutes. ❖ Section 10.554(l)(i)7.b., Rules of the Auditor General, requires that we detennine whether the annual financial report for the City of Okeechobee, Florida for the fiscal year ended September 30, 2009, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2009. In connection with our audit, we detennined that these two reports were in agreement. ❖ Pursuant to Sections 10.554(1)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management's responsibility to monitor the City of Okeechobee, Florida's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Three Pursuant to Chapter 119, Florida Statutes, this management letter is a public record and its distribution is not limited. Auditing standards generally accepted in the United States of America require us to indicate that this letter is intended solely for the information and use of management, the Honorable Mayor and City Council and others within the entity, and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. Hoyman Dobson Melbourne, Florida March 30, 2010 OF O/ fcc�C 1915: City of Okeechobee AFFIDAVIT OF IMPACT FEE COMPLIANCE The City of Okeechobee, Florida has complied with Section 163.31801 of Florida Statues regarding accounting and reporting of impact fee collections and expenditures for Fiscal Year 2009. i India Riedel Finance Department 53 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Communication with Those Charged with Governance To the Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida We have audited the financial statements of the governmental activities, the major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida (the "City") for the year ended September 30, 2009. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated November 23, 2009. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during fiscal year 2009. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management's estimate of useful lives of capital assets is based on historical lives of similar assets and market prices. We evaluated the key factors and assumptions used to develop the estimated useful lives in detenmining that they are reasonable in relation to the financial statements taken as a whole. Management's estimate of the City's liability for its self -insured worker's compensation claim is based on management's understanding of the circumstances surrounding the claim, and information provided by the City's third party claims administrator. We evaluated the key factors and assumptions used to develop the estimated liability in determining that they are reasonable in relation to the financial statements +al<P„ — whole. ('rr_%1irr1 /'IiirIV, °,r"r : a,, YIel� 215 Baytree Drive Melbourne, FL 32940 p: (321) 255.0088,` f: (321) 259.8648 4767 New Broad Street Orlando, FL 32814 p: (407) 422.1681 E (407) 514.2604 www.hoyman.com The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Two Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosure affecting the financial statements was: The disclosure of pension trust funds in Note S.B. to the financial statements due to the reported performance of plan assets. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 30, 2010. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a detennination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. 7$n 6 x (Dw4m, The Honorable Mayor and Members of the City Council of the City of Okeechobee, Florida Page Three Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This infonnation is intended solely for the use of the City Council and management of the City of Okeechobee, Florida and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, AWK.� AgAVVI Hoyman Dobson Melbourne, Florida March 30, 2010 0 DMIBIT 6 APRIL 6, 2010 _ City of Okeechobee 55 Southeast V Avenue * Okeechobee, Florida 34974 * 863-763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Chamber of Commerce Today's Date 1 03/15/2010 Address 55 South Parrott Avenue Phone(s) 863-763-6464 Fax No. 763-3467 Name of Property Owner City of Okeechobee Address 55 SE 3rd Avenue J Phone(s) 863-763-3372 Street to be Closed SW 3rd-6th Ave's, btwn N & S Park Streets and SW 41h Ave, btwn Blocks 106 & 107, S of S Park St to alley Date to be Closed May Ph through May e'h, 2010 Time(s) to be Closed 9 pm until 9 pm Purpose of Closing 4t' Annual Gang Free Bike Fest Attachments Original Signatures of all residents, property owners and business owners affected by the (necessary for street closing stating whether they approve or object. This can be done on one list. Make SW e Ave) sure if it is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications). 12/ Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). Naming the City of Okeechobee & R.E. Hamrick Testamentary Trust as certificate holders. opr If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. ❑ State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). ow Clean up is required within 24 hours. 5W No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u�91 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. °w The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. ow Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT D Donnie Robertson, Public Works Director Date Typed Name & Title Business Tax Receipt and/or State License Verified: ADMINISTRATION -Brian Whitehall; City Administrator Au rized i ature D to Typed Name & Title rf.l1R-- nti.._ CLERK'S OFFICE -Lane-Gamiotea CityClerk- Autl orizled ignature D te.. _ Typed Name & Title APPROVED/DENIED BY COUNCIL ON: 11v2 - +1 i -; � ate, oL/ c 4-4f4-6 S4J 1�1C�� way, ra-Uer J74 4�8cm T11 112 IMPI 9100MRS v aNIEME Ise 2ND ST I /oP /-/V, Y'l • SECTION 3 — SALES TAX . TO BE COMPLETED BY THE DEPARTMENT OF"REVENUE. Name of Entity or Organization C r[tP Z The named applicant for a licenselpermit has complied with the Flo ida Statutes concerning registration for Sales and Use Tax and has agreed to pay any applicable taxes due. Signed �`"`f Date l a Title Department of Revenue Stamp: xinrmmmgniroM.leinn uFw dYlMeWb�wa w. ✓: SE-C•�.'M�a��N°�° w.n ...:r� x `�+"Mw!!�".� 'tl"d'"^'�7F44s{almmlie• '�. TO: BE COMPLETED B,1f4THEONING;AUTHORITY GOVERNING-YbUR BUSINESS LOCATION Organization Name/Name of Event Location of Ev nt (Str t and Nu b ) S tscQ 80 Ito f l� &LoeK ll�? G'� • o City County The location complies w' oning requirements for the temporary sale of alcoholic beverages pursuant to this application for One wo/T''hrr�e••,�e��D••-�ay permit, or Special Sales License. SignedA Date fa s�y Title 4 Send Result deport 19KYOCERa MFP Fir . .................... 04/06/2010 14:53 mware Version 2H7 2F00.008.011 2009.12.17 [2H7_1o00.014.0021 [2H7_1100.002.0031 [2H7_7000.008.0101 Job No.: 004078 Total Time: 0°00'40" Page: 000 No Response Document: doc20100406145245 No. Date and Time Destination Times Type Result Resolution/ECM 001 04/06/10 14:52 4674689 0°00'40" FAX BUSY 200x100 Normal/Off 1 E OHY9602013 l Send Result Import 18KyOCER2 MFP 04/06/2010 14.52 Firmware Version 2H7 2F00.008.011 2009.12.17 [2H7 1000.014.0021 [2H7_1100.002.0031 [2H7_7000.008.0101 Job No.: 004076 Total Time: 0°00'31" Page: 000 No Response Document: doc20100406145134 No. Date and Time Destination Times Type Result Resolution/ECM 001 04/06/10 14:51 4674689 0°00'31" FAX BUSY 200x100 Normal/Off 1 [ OHY9602013 1 AARIL 6'" AGENDA - EXHIBIT NO. PMEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk, 0 Subject: Citizen Board Appointments Date: March 31, 2010 The following Code Enforcement Board Member's terms expire April 30, 2010, they have indicated their desire to be reappointed: Mr. Jim Pippin (since his appointment, there have been 5 meetings, he was absent with consent for 2 of them). Mrs. Melissa Close (since her appointment, there have been 5 meeting, she was present for all of them). The Board has statutory requirements for attendance and residency restrictions. We do not have any additional applications on file for this Board, and there are TWO Vacancies on this board (Alternates). A Motion would be in order to appoint the above members for a term beginning May 1, 2010 and ending April 30, 2013. The current member list is attached for your convenience. 2. The following Planning Board/Board of Adjustment/Design Review Board Members terms expire April 30, 2010, they have indicated their desire to be reappointed: Mr. Terry Burroughs (since his reappointment, there have been 26 meetings, he was absent for 3 of them). Mr. Doug McCoy (since his reappointment, there have been 26 meetings, he was absent for 8 of them). Mrs. Malissa Morgan (since her reappointment, there have been 13 meetings, she was absent for 6 of them). Applications we have on file for this board are: Mr. Les McCrary (City Business Owners/County Resident), Mrs. Penny Revels (County Resident), Mr. Clay Gundersen (County Resident -Retiree), and Mrs. Toni Doyle, (County Resident). A motion would be in order to make appointments as Council deems appropriate, to fill three positions, terms will be May 1, 2010 to April 30, 2013. The current member list is attached for your convenience. Should you have any questions, or require additional information, please do not hesitate to contact me. CITY OF OKEECHOBEE Revised 121212009 - Office of the City Clerk f CODE ENFORCEMENT BOARD (Citizen Board 3-Year Terms are Appointed by the City Council) Jamie Gamiotea (Chairperson) 824 SE 101h Street Okeechobee, Florida 34974 863-357-1191 (home) 863-763-3322 (work) Appointed to Board: May 1, 1999 Current Term: May 1, 2009 to April 30, 2012 Frank Irby (Vice -Chairperson) 1385 SE 23`d Street Okeechobee, FL 34974 863-357-1639 (home) Appointed to Board: May 22, 2002 Current Term: May 1, 2009 to April 30, 2012 Jim Pippin 1204 SE 8th Avenue Okeechobee, FL 34972 863-467-0030 (home) 863-634-6134 (cell) Appointed to Board: July 21, 2009 Current Term: July 22, 2009 to April 30, 2010 Judy Douglas 813 SE 10th Street Okeechobee, FL 34974 863-357-7832 (home),863-697-6834 (cell) 863-763-5561 (work),863-763-1161 (fax) Appointed to Board: August 18, 2009 Current Term: August 19, 2009 to April 30, 2011 Rennae Sweda 497 SW 21 st Street Okeechobee, FL 34974 863-467-1994 (home) 863-763-1107 (work) Appointed to Board: April 30, 1999 Current Term: May 1, 2008 to April 30, 2011 Randy Huckabee 1265 SE 23`d Street Okeechobee, FL 34974 863-634-2510 (cell) 863-763-2171 (work) Appointed to Board: May 6, 2008 Current Term: April 8, 2009 to April 30, 2011 Melissa Close / 810 SE 101h Street Okeechobee, FL 34974 863-357-2744 (home), 863-634-1712 (cell) 863-763-3915 (work), 863-763-3401 (fax) Appointed to Board: August 18, 2009 Current Term: December 2, 2009 to April 30, 2010 Vacancy (Alternate) to replace Ann Marie Hunt Term: August 5, 2008 to April 30, 2010 Vacancy (Alternate) to replace Melissa Close Term: August 19, 2009 to April 30, 2011 CODE ENFORCEMENT STAFF HERB SMITH, FIRE CHIEF/CODE ENFORCEMENT OFFICER FRED STERLING, SAMMY HANCOCK - CODE ENFORCEMENT OFFICER(S) SUE CHRISTOPHER, BOARD SECRETARY JOHN COOK, BOARD ATTORNEY 55 SE 3RD Avenue, Okeechobee, FL 34974 Fire Dept., (863) 467-1586, Code Enforcement (863) 357-1971 BOARD MEETS THE 2ND TUESDAY OF EACH MONTH, 6:30 P.M., CITY HALL, COUNCIL CHAMBERS, ROOM 200, CONTACT THE BOARD SECRETARY FOR COPIES OF THE AGENDA • • C1 t JF OKEECHOBEE Revised 41812009 - Office of the City Clerk PLANNING BOARD — BOARD OF ADJUSTMENTS AND APPEALS DESIGN REVIEW BOARD DEVIN MAXWELL (Chairperson) 1404 SW 7ch Avenue Okeechobee, FL 34974 863-763-1119 (work), 863-763-1179 (fax) okeechobeelawyer@yahoo.com Appointed to Board: August 18, 2004 Current Term: 05/01/2008 to 04/30/2011 DAWN HOOVER (Vice Chairperson) 1949 SW 671h Drive Okeechobee, FL 34974 863-634-1465 (cell), 863-467-5361 (fax) djjkhoover@aol.com Appointed to Board: January 29, 1999 Current Term: 05/01/2009 to 04/30/2012 TERRY BURROUGHS 2661 SE 241h Blvd Okeechobee, FL 34974 863-697-6325 (cell), 863-763-1797 (fax) twbfla@embarqmail.com Appointed to Board: April 5, 2005 Current Term: 05/01/2007 to 04/30/2010 DOUGLAS L. McCOY 2085 SW 19T" Lane Okeechobee, FL 34974 863-462-5807 (work) mccoyd161 @embargmail.com Appointed to Board: January 29, 1999 Current Term: 05/01/2007 to 04/30/2010 KENNETH KELLER 2879 NE 11T" Lane Okeechobee, FL 34972 863-634-1037 (work/cell), 863-467-7776 (fax) kenneth_keller@cable.comcast.com Appointed to Board: May 1, 2004 Current Term: 05/01/2008 to 04/30/2011 MALISSA MORGAN 4728 Highway 441 Southeast Okeechobee, FL 34974 863-634-5852 (cell), 863-763-5510 (fax) achildsworid@embargmail.com Appointed to Board: April 15, 2008 Current Term: 08/5/2008 to 04/30/2010 OSIEL LUVIANO 3747 NW 315` Avenue Okeechobee, FL 34972 863-357-3838 (work) 863-634-9485 (cell), 863-357-3566 (fax) osiel@luvianogroup.com Appointed to Board: August 5, 2008 Current Term: 05/01/2009 to 04/30/2012 KARYNE BRASS (Alternate) 201 SE 3`d Street Okeechobee, FL 34974 863-763-4558 (home), 863-610-0392 (cell) khbrass@live.com Appointed to Board: August 20, 2008 Current Term: 08/20/2008 to 04/30/2011 PHIL BAUGHMAN (Alternate) 1505-C South Parrott Avenue Okeechobee, FL 34974 863-357-1525 (home), 863-763-6053 (cell) 863-763-4948 (fax) Skulihillsteel@yahoo.com Appointed to Board: April 7, 2009 Current Term: 04/07/09 to 04/30/12 BOARD STAFF BRIAN WHITEHALL, ADMINISTRATOR JOHN R. COOK, BOARD ATTORNEY BETTY CLEMENT, BOARD SECRETARY City Hall, 55 SE 3rd Avenue, Okeechobee, FL 34974, 863-763-3372 ext. 218, (Fax) 863-763-1686 LARUE PLANNING MANAGEMENT SERVICES, INC. 1375 Jackson Street, Suite 206, Fort Myers, FL 33901 1-800-741-4062, (Fax) 239-334-6384 BOARD MEETS THE 3RD THURSDAY OF EACH MONTH, 6:00 P.M., CITY HALL, COUNCIL CHAMBERS, ROOM 200, CONTACT THE BOARD SECRETARY FOR COPIES OF THE AGENDA 0 City of Okeechobee SS SE 3'd Av Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehal&cityofokeechobee.com Date: TO: FR: *****Memorandum * * * * * Apr 6, 2010 Mayor & City Council Finance, Gen Services, Dir I City Administrator' _v Median Curbs (Pw 04-00-1 c ) — project expansion change order Vest Concrete, the lowest of four bidders at the time ($6.50/lin ft), is nearing completion on the median curb project on SW 5th Av. and has indicated that he would reduce his successful bid price by an additional $.50/lin ft with any additional work. I am requesting Council approval of a change order to increase the size of the project to include the four (4) block area on SE 4th Street, approx 2545', at $6.00/ft for an additional $15,270, plus, as part of the original project, the one block in front of Central Elementary (600 blk of SW 5th Av) 612 at $6.50/ft totaling $3978 Project summary: Orig project 3 blocks on SW 5th Av Addition to orig project 600blk 5th Addition to project 4 blks SE 4th St Totals Lin ft 2000 612 2545 5157 price/ft tot cost $6.50 $13,000 $6.50 $ 3,978 $6.00 $15,270 $32,248 0 • Change Order Form City of Okeechobee Project: Median Curbs PW 04-00-12-09 Change Order No. 1 Contractor: Vest Concrete Date: Owner: City of Okeechobee Agreement Date: April 6, 2010 Change order requested by: Public Works Director, City of Okeechobee The following changes are made to the contract documents: Contract amount and contract time: Original contract amount Net increase of contract amount resulting from this change order Current contract amount including this change order Original contract time Current contract time adjusted by previous change order Net (increase) (decrease) resulting from this change order Current contract completion date including this change order 2545LF @ $6.00 per LF 612LF @ $6.50 per LF Net Increase page 1 of 2 13 000.00 $15,270.00 $ 3,978.00 19 248.00 32 248.00 60 calendar days 0 calendar days 30 calendar days May 17, 2010 Project Bid No. PW 04-00-12-09 Change order no. 1 Changes ordered: I. General: This change order is necessary to cover changes in the work to be performed under the contract. II. Required changes: Project expansion III. Justification: Safety and Protection IV, Payment: Upon submittal of invoice. V. Approval and change authorization: Acknowledgments: the aforementioned change, and work effected thereby, is subject to all provisions of the original contract not specifically changed by this change order; and it is expressly understood and agreed that the approval c the change order shall have no effect on the original contract other than matters expressly provided herein. Recommended by: Accepted by: City Administrator By: Signature Date: Approved by: City of Okeechobee Contractor By: Signature Signature and Title Janes E. Kirk, Mayor Date: April 6, 2010 page 2 of 2 � � • City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhteehaI0,,cityofokeechobee.com *****Memorandum ***** 81916' Date: Apr 5, 2010 TO: Mayor & City Council Public Wks, General Services, Finance, City Clerk FR: City Administrator RE: April 17 2010 Auction — City surplus equipment We've determined that the equipment on the attached list is no longer needed and we have determined that the appropriate disposition should be at an auction on April 17th at the Cattlemen's rodeo grounds on 441 N. The Auction will be conducted by DeMott Auction Service and they will capture 10% of the sales price for advertisement and conducting the auction. Also attached is a copy of the Code describing disposal methodology. If you have questions, please do not hesitate to call. ARTICLE V. CITY PROPER • Page 1 of 1 ARTICLE V. CITY PROPERTY Sec. 2-321. Disposal of surplus property; procedures. When a department head determines that any piece of equipment, materials, or other supplies are unusable and surplus to the needs of the city, he shall report that fact to the city administrator. If the city administrator concurs, he may dispose of the items in question in one of the following ways: (1) If the items fall into the category of consumable or perishable goods, and they have little or no apparent value, they shall be discarded along with other garbage or trash. (2) If the items appear to have intrinsic or monetary value, every effort should be made to retrieve that value by: a. Trading the item when a new replacement is purchased; selling the items as surplus property; or b. Selling the item at auction to the highest bidder, which shall take place at a time and date advertised in a newspaper of general circulation, as set by the city administrator. This section and these procedures do not apply to city real estate, buildings or capital improvements, the disposition of which is the sole discretion of the city council. (Code 1982, § 2-120) http://library8.municode.com/default-test/DoeView/11366/1/21/26 4/5/2010 CITY OF OKEECHOBEE SURPLUS BADE PUBLIC WORKS INVENTORY 2010► C� • USED ITEMS FOR AUCTION 2010 ITEM INVENTORY NO- "ATV dnuIn 1980 Chevrolet 2-Ton Dump Truck ' Inventory No. 574 & 5000 2/15/80 1982 Ford Durnp Truck Inventory No. 577 & 5022 1/4/82 1983, Ford Dump. Truck Inventory No. 570 & 5014 1/3/83 A13136 Ford' 1710 Tractor Inventory No. 589� & 5064 15/2/86 Ford New Holland 260 Tractor Inventory No. 001760 I1NKN4'WI Rhino TW72 Notary Cutter Inventory No. 01389 ' 9/30/94 11 • A zsa.9768m8 MOTOR VEHICLE CERTIFICATE of TITLE STATE OF FLORIDA CHFVTK C16DBAV124078 17375639 '6895 gal _ I PVT � 'NEW CITY OF oKEEcc#c)BEE 0410218D SS SE 3 AV OKEECHOBEE FL 33472 C15087815 m City of Okeechobee 55 SE fd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhttehaI&,,cityofokeechobee.com *****Memorandum Date: Mar 25, 2010 TO: Mayor & City Council r �. FR: City Administrator \� -- - -- ------------ -- --- v RE: Reminder of various issue The City has experienced some difficulties associated with email service and some City issues may have been lost in the mix. Pls give me a call on any of these issues for further explanation: l . April 1 — 5-7pm — There's a FDOT workshop relating to the 441-70 intersection project at the Civic Center 2. April 5 — 5-7pm — There's a FDOT workshop relating to the SR 710 extension at the KOA. 3. April 6 Council meeting item — allow pool/billiard to operate on Sunday. 4. April 12 — 1:OOpm - Anticipate a bid opening for the City Hall restroom renovation project 5. CSX letter — Attached, advising of the railroad's propensity to forget the restitution concept. 6. Broadband — Sent a letter of support to the Treas Coast coalition as time was of the essence, attached. 7. The City has been notified that the Police Dept grant application for a mobile digital camera has been awarded in the amount of $4179. 8. Amendment 4 article attached 9. Rebid the mower -tractor seeking a two -wheel drive model, see attached copy of email. 1 O.Effect of Nat'l Health Care thru the eyes of the Nat'l Leag of Cities is attached. • CSX REAL PROPERTY Lori D_ Bergeron Sales Associate March 22, 2010 VIA Email and U.S. Mail/ bwhitehall@citvofokeechobee.com Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: Okeechobee Depot Dear Brain: 301 West Bay Street Suite 800, SIC J915 Jacksonville, FL 32202 (904) 633-4837 Telefax (904) 6334581 Lori Bergeron@csx.com It has been some time since we last spoke about the City's effort to preserve the old Okeechobee depot. Since that time CSX has recently been contacted by Amtrak regarding the construction of a brand new Depot in Okeechobee on the same site adjacent to the old depot. I have attached the site plans for your point of reference. Our conversations with the City regarding the preservation of the old depot started back in 2007. As we both know, the donation of the Depot was contingent upon the City entering into a lease agreement with Amtrak for the depot to be used as a railroad passenger station. This was based upon our safety concerns about a potential non rail activity locating close to active tracks. We have been trying to come to an agreement with City with no avail and the Letter of Intent has expired due to lapse of time. Although we are no longer in a contractual agreement with the City, I wanted to make you aware of Amtrak's plans for the new railroad passenger station. With the new depot being constructed, it is unlikely that the existing depot will be used for passenger rail which was the basis of our agreement. Meanwhile, it continues to deteriorate and present a significant liability for CSX. CSX will quickly evaluate its next steps. It has been a pleasure working with you over the past couple of years. If there is ever a need for CSX property in the future, please do not hesitate to call me. Sincerely, Lori D. Bergeron Attachment S:\PRi\FLI2\FL093 OKEECHOBEE CO\093-0010\FL-093-101865I\Okeechobee letter.doc • • of pk�FC��y m LL Ulty ® Okeechobee March 24.2010 Assistant Secretary National Telecommunications and Information Administration U.S. Department of Commerce Washington, D.C. 20230 RE: Connecting the Research Coast of Florida — Research Coast Broadband Coalition Dear Sir: The City of Okeechobee is pleased to support the grant submission of Fort Pierce Utilities Authority (FPUA), as a participant in the Research Coast Broadband Coalition. The submission project, entitled "Connecting the Research Coast of Florida," addresses broadband challenges that our communities face. We recognize that the components of this project position the Research Coast for greater economic development and stability for many years into our future. The project includes: 1. Interconnecting anchor institutions of the region with robust fiber optic cables 2. Interconnecting four counties with depressed economies into one cohesive fiber system 3. Providing needed broadband services to underserved residences. businesses and anchor The rural City of Okeechobee and its citizens suffer greatly by not having access to the latest technology as a result of affordability. The matter is not just relegated to a prohibitive cost element but acts as an economic deterrent to perspective businesses. As an example, our hospital is unable to utilize the latest technology in patient treatment. The inability to transport patient records places our hospital at a distinct disadvantage that will only worsen over the coming years. Your consideration in this important matter is very much appreciated. Please feel free to contact me at (863) 763-3372 x 212. S' erely, /.Names E'Kirk Mayor 55 S.E. Third -Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 • Page 1 of 3 bwhitehall From: "bwhitehall" <bwhitehall@cityofokeechobee.com> To: "Clayton Williams" <cayton@bergerrealestate.com>; "Dowling Watford" <dowlingwatford@okeechobeeford.com>; "Lowry Markham" <lowrymarkham@embarqmail.com>; "Mayor Kirk" <jamesekirk@comcast.net> Cc: "Jackie Dunham" <jdunham@cityofokeechobee.com>; "Betty Clement" <bclement@cityofokeechobee.com>; "Sharon Allison" <sallison@cityofokeechobee.com>; "Robin Brock" <rbrock@cityofokeechobee.com>; "Patty Burnette" <pburnette@cityofokeechobee.com>; "Oscar Bermudez"<obermudez@cityofokeechobee.com>; "Lane Gamiotea" <Igamiotea@cityofokeechobee.com>; "Kim Barnes" <kbarnes@cityofokeechobee.com>; "India Riedel" <iriedel@cityofokeechobee.com>; "Melisa Jahner" <mjahner@cityofokeechobee.com>; "Herb Smith" <hsmith@cityofokeechobee.com>; "Denny Davis" <ddavis@cityofokeechobee.com>; "Bill Brisson" <bill@larue-planning.com> Sent: Monday, March 22, 2010 2:45 PM Subject: Fw: FLORIDA TIMES UNION opposes Amendment 4 When it comes to Amendment 4, 1 found that this article made some sense. Be part of Okeechobee... Be Counted 2010 US Census Website: hftp://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Brian Whitehall, Administrator City of Okeechobee 55SE3rdAv Okeechobee FL 34974 863.763.3372 ext-212 --- Original Message --- From: Citizens for Lower Taxes and a Stronger Economy To: bwhitehall(a)cityofokeechobee. com Sent: Monday, March 22, 2010 10:04 AM Subject: FLORIDA TIMES UNION opposes Amendment 4 jacksonville.com http://jacksonville.com/opinion/editorials/2010-0.3-19/story/floridas_growth_a_better_way 3/25/2010 • • Page 2 of 3 Florida's growth: A better way FRIDAY, MAR. 19, 2010 There has to be a better way. Advocates for smart growth say that Florida's government is so broken that an election needs to be held every time a change to a comprehensive plan is approved by local government. An amendment to the Florida Constitution, Amendment 4, will be on the ballot this fall. In Jacksonville last year, 67 land use amendments were processed. Can ___ _—. you imaigisenarate land use cha_n__a�sgon a ballot? That is like using a machine gun to kill a flea. It is an extreme reaction to some clear abuses, the overuse of changes in comprehensive plans that have been dominated by insiders, leaving neighbors and the public too much out of the loop. Something short of elections is needed every time an amendment comes up. This is where the Florida Legislature should step in to provide a reasonable way for exceptions to be passed - real exceptions. The proponents of Amendment 4 are banking that the public is so disgusted with unbridled growth that 60 percent of the voters will approve. Dissatisfaction is probably greater in South Florida, the poster child of bad growth. Marketing and apple pie Proponents of the amendment have done a good job making their case, starting with their name - Florida Hometown Democracy. Who could be against that? They could have called themselves Florida Motherhood and Apple Pie, too. They make the point that citizens usually are overpowered and outgunned by developers and their skilled lawyers and lobbyists. They know the rules. They often support the politicians sitting in judgment. And they often have contributed to their campaigns. 3/25/2010 • Page 3 of 3 Supporters say their amendment would not stop growth, that elections would only apply to changes that do not comply with existing land use plans, that there is plenty of room for growth without exceptions. Only when a developer seeks to build a project that violates current land use plans and local officials approve of it would a local election take effect. This does not relate to zoning matters, but to the broader changes in comprehensive plans. This gives voters the final say, supporters say - direct democracy. More practical An irony is that this constitutional amendment is a -byproduct of an era of rapid, sometimes uncontrolled growth. That era is gone now and it looks like it won't be returning any time soon. An overreaction to past excesses is unwise. Opponents say if local government officials are too tied to development interests, then vote them out at the ballot box. But don't fill up elections with land use changes. The Florida Legislature needs to provide a practical way to reduce the number of land use changes without direct elections and provide for more enforcement of citizen notice and input rules. One way is to require a supermajority vote of the governing body, say 75 percent, for land use changes. On Jacksonville's City Council of 19 members, that would mean 14 votes rather than 10. On a five -member county commission, it would require four votes. That is more reasonable, and still would provide for exceptions. The system is broken. But don't make the solution worse than the problem. 3/25/2010 Tn• "Rc4hi ('Icmcnt" chrlcmcn4rnlrifiinfnl�ccrhnhcc ri 0 • Page 1 of 1 bwhitehall From: "bwhitehall" <bwhitehall@cityofokeechobee.com> To: "Betty Clement" <bclement@cityofokeechobee.com>; "Donnie Robertson" <d robertson @cityofokeechobee. com> Cc: "Robin Brock" <rbrock@cityofokeechobee.com>; "India Riedel" <iriedel@cityofokeechobee.com>; "Clayton Williams" <cayton@bergerrealestate.com>; "Dowling Watford" <dowlingwatford@okeechobeeford.com>; "Lowry Markham" <lowrymarkham@embarqmail.com>; "Mayor Kirk" <jamesekirk@comcast.net> Sent: Friday, March 19, 2010 10:23 AM Subject: rebid tractor mower Donny/Betty- This email is to confirm that the City needs to rebid the mower bids. It wasn't until this morning, when I was advised that we have a new low bid, w/ the 2-wheel drive option that it became problematic. We need to knock this thing out immediately, as our original intention was to acquire the equipment for to the mowing season'. —" So, we need to: 1. Advise all bidders of our intention to reject all bids, including therein that the City has determined that a 2-wheel drive model will suit our needs and reduce the cost of the purchase. We will be rebidding the tractor/mower. 2. Prepare the new specifications, explicitly for a 2-wheel drive model (w/ the minimum specs as provided in the prior bid). Examine whether or not there needs to be clarification on the 20' boom, as was suggested by one of the bidders and incorporate same into the specs. 3. As soon as the bid specs are recreated, back into the appropriate bid opening/Council award dates and corresponding advertising dates. If you have questions, let me know. Thanks Be part of Okeechobee... Be Counted 2010 US Census Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 863.763.3372 ext-212 3/25/2010 Effect on Municipalities Federal Health Insurance Reform Bill Below is a summary from the National League of Cities. Our understanding of the health care reform bill is as follows: 1. Nothing will change for cities and towns with respect to the way they provide health insurance except that they will have to provide insurance that meets the standards for a basic plan. We are fairly certain that most public health insurance plans currently exceed the basic standard. 2. If a city or town is self insured they will be able to remain that way, except that they must meet the basic insurance requirements and must be able to demonstrate solvency. 3. Cities and towns that currently are in municipal risk pools may continue to remain in those pools for purchasing insurance. 4. Sinallui cities and towns will like all small employers able to participate in thestate- wide exchanges that will be established. We hope this is helpful. By the way — here are ten things that will kick in almost immediately, and will impact all health insurance plans whether they are run by cities and towns, states, counties or small or large businesses: 1. Prohibit pre-existing condition exclusions for children in all new plans; 2. Provide immediate access to insurance for uninsured Americans who are uninsured because of a pre-existing condition through a temporary high -risk pool; 3. Prohibit dropping people from coverage when they get sick in all individual plans; 4. Lower seniors' prescription drug prices by beginning to close the donut hole; 5. Offer tax credits to small businesses to purchase coverage; 6. Eliminate lifetime limits and restrictive annual limits on benefits in all plans; 7. Require plans to cover an enrollee's dependent children until age 26; 8. Require new plans to cover preventive services and immunizations without cost - sharing; 9. Ensure consumers have access to an effective internal and external appeals process to appeal new insurance plan decisions; 10. Require premium rebates to enrollees from insurers with high administrative expenditures and require public disclosure of the percent of premiums applied to overhead costs. • • National Association of Health Underwriters How the Health Care Reform Legislation Will Impact Your Individual and Employer Clients March 25, 2010 How the Health Care Reform. ..ct Your Individual. Employer Immediately Individuals and employer group plans that wish to keep their current policy on a grandfathered basis can if the only plan changes made are to add or delete new employees and any new dependents. In addition, an exception is made for employers that have scheduled plan changes as a result of a collective bargaining agreement. The reconciliation bill, if enacted, would eliminate the ability of plans to grandfather in a number of areas. Eligible small businesses (no more than 25 FTEs, pay average annual wages of less than $50,000 and provide qualified coverage) are eligible for phase one of the small business premium tax credit. Small employers will receive a maximum credit, based on number of employees, of up to 50% of premiums for up to 2 years if the employer contributes at least 50% of the total premium cost. Employers that provide a Medicare Part D subsidy to retirees will have to account for the future loss of the deductibility of this subsidy on liability and income statements. Current law eliminates this subsidy for the 2011 plan year, and the reconciliation package, if enacted, could delay it to 2013, but there is an immediate accounting impact. Temporary reinsurance program for employers that provide retiree health coverage for employees over age 55 begins within 90 days of enactment. Temporary high -risk pool program for people who cannot obtain individual coverage due to preexisting conditions begins within 90 days of enactment. Employers are prohibited from sending individuals to the high -risk pool, with associated fines. Group plans will be required to comply with the Internal Revenue Section 105(h) rules that prohibit discrimination in favor of highly compensated individuals (which currently apply to self -insured plans) within six months of enactment. Lifetime limits on the dollar value of benefits for any participant or beneficiary for all fully insured and self -insured groups and individual plans are prohibited by current law within six months of enactment. Annual limits will be allowed only through plan years beginning prior to January 1, 2014 only on DHHS-defined non -essential benefits, and after than be prohibited. The reconciliation package, if enacted, would extend this requirement to grandfathered plans. All group and individual plans, including self -insured plans, within six months of enactment, will have to cover dependents up to age 26 under current law. The reconciliation package, if enacted, would extend this requirement to grandfathered National Association of Health Underwriters • 2000 N. 14'h Street, Suite 450 • Arlington, VA • 22201 (703) 276-0220 • www.nahu.org How the Health Care Reform. ..ct Your Individual. Employer plans. It also would establish that dependents could be married and would be eligible for the group health insurance income tax exclusion. However, through 2014, grandfathered group plans would only have to cover dependents that do not have another source of employer -sponsored coverage. All group and individual health plans, including self -insured plans, will have to cover preexisting conditions for children 19 and under for plan years beginning on or after six months after date of enactment. Grandfathered status applies for group health plans. Health coverage rescissions, within six months of enactment, will be prohibited for all health insurance markets, including self -insured plans, except for cases of fraud or intentional misrepresentation. The reconciliation package, if enacted, would extend this requirement to grandfathered plans. All group and individual plans, including self -insured plans, will have to cover specific preventive care services with no cost -sharing. They also will have to cover emergency services at the in -network level regardless of provider, allow enrollees to designate any in -network doctor as their primary care physician (if they require a primary care physician designation already) and have a coverage appeal process. The reconciliation package, if enacted, would extend this requirement to grandfathered plans. Federal grant program for small employers providing wellness programs to their employees will take effect. All employers must include on the W2s the aggregate cost of employer -sponsored health benefits. If an employee receives health insurance coverage under multiple plans, the employer must disclose the aggregate value of all such health coverage, but exclude all contributions to HSAs and Archer MSAs and salary reduction contributions to FSAs. Applies to benefits provided during taxable years after December 31, 2010. The tax on distributions from a health savings account that are not used for qualified medical expenses increases from 10 to 20%. OTC drugs will no longer be reimbursable under HSAs, medical FSAS, HRAs and Archer MSAs unless they are prescribed by a doctor. FSA contributions for medical expenses are limited to $2500 per year, with the cap annually indexed for inflation. The reconciliation package, if enacted, would delay this provision till 2013. Small employers (less than 100 lives) will be allowed to adopt new "simple cafeteria plans." All employers would be required to enroll employees in a new national public long-term care program, unless the employee opted out. All business owners will be subject to new expanded federal income tax requirements on payments of fixed or determinable income or compensation. Under current law premium taxes on most private health insurers based on premium volume take effect, which can be passed directly down to fully -insured plan consumers. This tax does NOT apply to self -insured plans, governmental entities (other than those providing insurance through the Act's community health insurance option), certain nonprofit insurers of last resort, and certain nonprofit insurers with a medical loss ratio of 90 percent or more. The reconciliation package, if enacted, would delay the National Association of Health Underwriters • 2000 N. 14'h Street, Suite 450 • Arlington, VA • 22201 (703) 276-0220 • www.nahu.org 2 • • implementation of tax until 2014 but increases the amount of fees once they become effective. It also would reduce the amount of the tax for certain insurers and exempt others. The Department of Labor will begin annual studies on self -insured plans using data collected from Form 5500. All group plans and group and individual health insurers (including self -insured plans) will have to provide a summary of benefits and a coverage explanation that meets specified criteria to all enrollees when they apply for coverage, when they enroll or reenroll in coverage, when the policy is delivered and id any material modification is made to the terms of their coverage. The summary and explanation can be provided electronically or in written form, and it must be no more than 4 pages in length with print no smaller than 12 point font written in a culturally linguistically appropriate manner. There is a $1000 per enrollee fine for willful failure to provide the information. All group plans (including self -insured plans) and all individual and group carriers will have to annually submit reports to the Secretary of DHHS on whether or not the benefits provided under their plans meet criteria to be established by DHHS on improving health outcomes, preventing hospital readmissions, improving patient safety and reducing medical errors, and include wellness and health promotion activities. This report also must be provided to all plan participants during the annual open enrollment period and DHHS will make the reports public available through the Internet. The Secretary of DHHS can also create and impose fines for noncompliance by employers and plans. New federal premium tax on fully -insured and self -insured group health plans to fund comparative effectiveness research program begins. It imposes an annual fee on private insurance plans equal to $2 for each individual covered. Cadillac tax goes into effect for all group plans, including self -insured plans. The tax would be paid by the insurer in the case of a fully -insured group or the TPA in a self - insured arrangement, but would be passed on directly to the employer. Current law establishes a 40% excise tax on plans with values that exceed $8,500 for individual coverage and $23,000 for family coverage with higher thresholds for retirees over age 55 and employees in certain high -risk professions. Transition relief would be provided for 17 identified high -cost states. The tax would be indexed annually for inflation by the CPI plus 1percent. Values of health plans include reimbursements from FSAs, HRAs and employer contributions to HSAs; also includes coverage for dental, vision, and other supplementary health insurance coverage. Excise tax does not apply to accident, disability, long-term care, and after-tax indemnity or specified disease coverage The reconciliation package, if enacted, would change the effective date from 2013 to 2018. It also would raise the threshold for premiums that are exempt from the assessment from $8,500 for individual coverage to $10,200 and from $23,000 for families to $27,500 and allow plans to take into account age, gender and certain other factors that impact premium costs. The value of stand-alone vision and dental plans National Association of Health Underwriters • 2000 N. 14'h Street, Suite 450 • Arlington, VA • 22201 (703) 276-0220 . www.nahu.orm 3 • • How the Health Care Reform. ..ct Your Individual. Employer would also be excluded from the tax. However, the bill also reduces the formula for indexing the thresholds even further (to just inflation, not inflation plus 1%) so that more plans will fall under the tax faster. The Medicare payroll tax increase of 0.9% on self-employed individuals and employees with respect to earnings and wages received during the year above $200,000 for individuals and above $250,000 for joint filers will go into effect. The income eligibility levels for the tax are not indexed for inflation. The new tax does not change the employer's tax obligations, but self-employed individuals are not permitted to deduct any portion of the additional tax. The reconciliation package, if enacted, would also levy new 3.8% Medicare contribution on certain unearned income from individuals with AGI over $200,000 ($250,000 for joint filers). For those that itemize their federal income taxes, the threshold for deducting unreimbursed medical expenses will increase from 7.5% of AGI to 10% of AGI. The increase would be waived for those ages 65 and older through 2016. All employers must provide notice to their employees informing them of the existence of the state -based exchanges. The individual mandate requirement to purchase health insurance for all citizens and legal residents takes effect. There are specified exceptions and under current law and violators will be subject to a phased in excise tax penalty by 2016 of up to $750/person or up to 2 percent of income (capped at the annual cost of the average bronze level premium plan offered through the exchanges). All employer plans, including self - insured plans, will have to provide documentation of coverage to all covered employees and their dependents and the IRS. The reconciliation package, if enacted, would change the penalty structure for noncompliance to either a flat dollar amount per person or a percentage of the individual's income, whichever is higher. In 2014, the percentage of income determining the fine amount would be 1%, then 2% in 2015, with the maximum fine of 2.5% of taxable (gross) household income capped at the average family bronze -level insurance premium . The alternative is a fixed dollar amount that phases in beginning with $325 per person in 2015 to $695 in 2016. The employer responsibility requirements take effect for companies that employ more than 50 FTEs (with no exemption for seasonal workers). Under current law, if an employer does not provide coverage and one or more employee receives a premium assistance tax credit to buy coverage through the exchange, the employers must pay a fine of $750 per year for each full time employee. Coverage must meet the essential benefits requirements in order to be considered compliant with the mandate. An employer with more than 50 employees that does offer coverage but has at least one FTE receiving the premium assistance tax credit will pay the lesser of $3,000 for each of those employees receiving a tax credit or $750 for each of their full-time National Association of Health Underwriters • 2000 N. 140' Street, Suite 450 . Arlington, VA • 22201 (703) 276-0220 • www.nahu.org • • employees total. For the construction industry only, the responsibility requirement to provide affordable coverage applies to employers of more than 5 people with annual payrolls of more than $250,000. An individual with family income up to 400% of FPL is eligible for a premium assistance tax credit if the actuarial value of the employer's coverage is less than 60% or the employer requires the employee to contribute more than 9.8% of the employee's family income toward the cost of coverage. In enacted, the reconciliation package would increase the fine from $750 to $2000, but exempts the first 30 employees from the fine (i.e., if the employer has 51 employees and doesn't provide coverage, the employer pays the fine for 21 employees). However, when determining whether an employer has 50 employees, both for the purposes of the fine and the responsibility requirements generally, the reconciliation bill would change to the calculation of employees so that part-time employees must be taken into consideration based on aggregate number of hours of service. It also would revise the small employer exception to exempt all employers with 50 or fewer FTEs (which means that the construction industry provisions would no longer apply). Furthermore it would reduce the contribution threshold that would make an individual eligible for a premium assistance tax credit from 9.8% to 9.5%. For employers that have a waiting period for coverage for new employees, under current law if they have a waiting period of more than 60 days they will have to pay a $600 per FTE employee fine. Waiting periods of more than 90 days are prohibited. If enacted, the reconciliation package would eliminate the fine for not providing qualified coverage in the waiting period of 90 or fewer days. Waiting periods of more than 90 days would still be prohibited, and this prohibition would also apply to grandfathered plans. All of the market reforms for all individual market and fully -insured group markets take effect. All plans must be offered on a guarantee issue basis, preexisting condition limitations are prohibited, annual and lifetime limits will be fully prohibited, and the size of a small employer group will be redefined to 1-100 employees (although states may elect to keep the size of a small groups at 50 employees until 2016). In addition, all fully insured individual and small groups up to 100 employees (and any larger groups purchasing coverage through an exchange) will have to abide by strict modified community rating standards with premium variations only allowed for age (3:1), tobacco use (1.5:1), family composition and geographic regions to be defined by the states and experience rating would be prohibited. Wellness discounts will be allowed for group plans under specific circumstances. The reconciliation package, if enacted, would extend the lifetime and annual benefit limit prohibitions to grandfathered plans. Ida VV11aOOU%1auVal LF nca uu Vnu GIwuaU90 - LVVV M. IY Ola@Cy QUILO YVV • ^11111aaV11, VN ' &&&u 1 (703) 276-0220 • www.nahmorg How the Health Care Reform. ..ct Your Individual. Employer States are required to have their exchanges up and running. Each state can have a separate exchange for employers and individuals or merge their exchanges to include both markets. States can also apply for a waiver on their exchange design from DHHS, and currently operational state exchanges are exempt. The standards for qualified coverage, which will apply to all fully insured group and individual products to be sold both inside and outside the exchanges, begin. The essential benefit standards will also used to determine if large employer coverage is sufficient enough relative to the employer responsibility requirements. The essential benefit standards include specific mandated benefits, cost -sharing requirements, out- of-pocket limits and a minimum actuarial value of 60%. They also allow for catastrophic -only policies for those 30 and younger. The employee free choice voucher program takes effect. It requires employers that provides and contributes to health coverage to give vouchers to each employee who is required to contribute between 8% and 9.8% of their household income (indexed to the premium growth rate) toward the cost of coverage, if such employee's household income is less than 400% of FPL and the employee does not enroll in a health plan sponsored by the employer. The value of vouchers would be adjusted for age, and the vouchers would be used in the exchanges to purchase coverage that would otherwise be unsubsidized. The employee can also keep amounts of the voucher in excess of the cost of coverage elected in an exchange without being taxed on the excess amount. The amount of the voucher must be equal to the amount the employer would have provided toward such employee's coverage (individual vs. family based on the coverage the employee elects through the exchange) with respect to the plan to which the employer pays the largest portion of the cost. Employers of 200 or more employees will have to auto -enroll all new employees into any available employer -sponsored health insurance plan. Waiting periods in existing law can apply. Employees may opt out if they have another source of coverage. Important note: The effective date of this provision is unclear and may be determined via regulation to take effect earlier. Employer -sponsored wellness program rules for all employer -group plans under HIPAA improve and employers can increase the value of workplace wellness incentives up to 30% of premiums with DHHS discretion to increase the incentives to 50%. In addition, a 10-state pilot program to extend wellness programs to the individual market begins, with the potential expansion to the entire individual market in 2017. Cooperative plans will be allowed to be sold. Multistate national plans will be offered to individual and small employers through the state -based exchanges. Premium assistance tax credits for individuals and families making up to 400% of FPL begin. These subsidies are available only for individual coverage purchased through the exchange, not employer -sponsored coverage. Expansion of the Medicaid program for all individuals, including childless adults, making up to 133% of the FPL begins. Mandatory state -by -state employer premium assistance programs begin for those eligible individuals who have access to qualified employer - sponsored coverage. States can also create a separate non -Medicaid plan for those with incomes between 133-200% of FPL that do not have access to employer -sponsored National Association of Health Underwriters . 2000 N. 14"' Street, Suite 450 • Arlington, VA • 22201 (703) 276-0220 . www.nahu.oro coverage. The Children's Health Insurance Program must be reauthorized. States may elect to allow large employers (more than 100 employees) to purchase coverage through their exchanges. PLEASE NOTE: The information presented in this analysis is the exclusive properly of the National Association of Health Underwriters (NAHU). It was prepared as an informational resource for NAHU members, state and federal policymakers and other Interested parties. It is not to be duplicated, copied, or taken out of context. Any omission or inclusion of incorrect data is unintentional. If you have any questions about the information presented in this document, please contact Jessica Waltman, Senior Vice President of Government Affairs at 703-276-3817 or iwsltman(a nahu.orE• National Association of Health Underwriters • 2000 N. 14"' Street, Suite 460 • Arlington, VA • 22201 (703) 276-0220 • www.nahu.org 7 The Updates! F^ r from the City Administrator's Desk 55 SE r Av., Okeechobee, FL 34974 City Hall — 763-3372 City Council meeting of April 6, 2010 • Sign/banner, Ordinance #1058 - on the Agenda fora 2"d Reading! • Nunez - 310 NE 7th Av for a parking lot - on the Agenda are the land use (Ord# 1059) and rezone (Ord# 1060) from RSF-1 to Heavy Commercial (CHV). You'll notice there was some discussion about the rezone to Light Commercial (CLT). • Ord#1062 billiards and pool hall hours is on the Agenda. There's been a request for changing the Code to allow play on Sundays. I've attached a spreadsheet reflecting the existing and proposed hours. • CSX depot - Sent the attached 3/22/10 letter i rec'd from CSX which dooms the depot project, at least in their determination. I sent an email to Amtrak (attached) asking for their input prior to dealing with CSX's concerns. • FDOT proiect workshops - Distributed information on two workshops: »441 /70 intersection (4/1 /10 5-7pm at Civic Center) and SR710 extension project (4/5/10 5-7pm at KOA). • FDOT 441/70 intersection project - On the Agenda is a presentation by DOT reps and a Resolution supporting the project and reverting interest in the project area to the Hamrick Trust in order to acquire the ROW. • DOT and CSX crossing - In theory the project should be done by the time you receive this report. • City Hall restroom remodel - Have advertised a bid opening date of April 12t at 1:00pm, for the improvements. • Nat'l Health Care Reform impact - memo from the Nat'IAssoc of Health Underwriters is enclosed in the packet. • CDBG application —The CDBG categories for the 2009 round, discussed at the 2116110, meeting incl: u Housing Rehabilitation (unsuccessful last year) u Neighborhood Revitalization a Commercial Revitalization (City secured for Commerce Park) • Economic Development (City secured this grant for downtown) Attorney: • Litigation/mediation on the billboard issue — On 312110 the Atty representing PRM sent a letter to Atty Ramunni following up on the matter. There are actually 3 cases relating to the billboard case along SR 70 West. Two involving the sign company and the building permitting process and one from Mrs. (Newcomer) Tuten involving the zoning issue and inability to construct a sign. On 1112110 Atty Cook and I met in mediation w/Atty Steve Ramunni and his clients in Ft Meyers at the office of our insurance company's atty Robert Sheannan, Henderson, Franklin, et. al. Page 1 • 416110 Activity report cont'd After a marathon mediation, we concluded a settlement that will eventually be presented to the City Council for approval during a closed session that included no monetary damages but the construction of a sign in a different area that the sign company has to investigate availability. Obviously it's a bit more complicated than that and that information will be explained at the meeting, probably scheduled within the next few months. • Animal Control Interlocal Agreement — No meeting has been rescheduled with the County (the County called this meeting now a few months ago to, i suspect, discuss increasing fees) Finance: • Activity report is attached hereto. • Audit — on the Agenda, Hoyman Dobson will present the fye 9/30/10 Financials. • Budget — In India's activity report you'll notice that revenues are down approx 8% ($207k) but our budget to budget expected about an 11.7% decrease. We are experiencing about a 5 %% reduction in actual expenses compared to last year at this time. • Communities in Schools — The Executive Roundtable was given a report on one of the CIS initiatives — teen pregnancies in Okeechobee Co. In 2007, our county was the 4th statistically worse in the State and the group comprised of a bunch of agencies attacked that matter w/ much success. In 2008 we've climbed to 8th, reducing the numbers from 76 to 60 for 14- 17 yr olds. The group's participation and success rate has increased significantly for repeat teen births also. 2008 stats reflect 15-19yr olds had 22 repeat pregnancies out of a control group of 99, but of the 45 participating in the program there were no repeats. I think it's a great success story that several responsible groups can take credit for. • Audit RFPs — Developing proposals for the service, using India Riedel's membership to the FL Gov Finance Officers Assoc (FGOFA). As with other RFPs for professional services, there is an evaluation process by a committee. The FL § describe that committee function as it relates to the audit. • Safety Committee — met and has now arranged an OSHA -like inspection thru PRM for all Departments, scheduled for April 27th. Met w/ Sharon (finance dept) and a rep from PRM and reviewed online training and getting training disks by department importance all free of charge as a service from PRM. • Investments and Investment Policy — The minimal interest return the City has received over the last year has prompted us to evaluate other investment vehicles inside the utmost safety. We've done some research and currently India is investigating `Repurchase Agreements' guaranteed by the full faith and credit of the US Government as proposed by our pension's finance company, Salem Trust. I've reviewed the City's existing practice of investing in Qualified Public Depositories (QPDs) which offer a cpl of layers of safety above the normal $250k FDIC and wherein banks are `ranked' predicated on their balance sheet as to what ratio of collateral is required for our investments. Page 2 • i 416110 Activity report cont'd Fire: As I indicated, Governmental institutions are therefore unable to gain even market rate return on investments due to the stringency. Again, this all plays into an inevitable Investment Policy that we will seek your approval thereon. Finance Director position — at one time or another 1 have probably visited with each of you about moving Accounts Supervisor, India Riedel, to a position more suitable to her job duty and more challenging to fit her disposition. I've been working on a job duty based on other communities and will share it as soon as complete. Activity report - from Chief Smith and the Code activity reports for Jan & Feb 2010 are attached. Also there is a summary of activity for 2009 included in the reports. General Services: • Comp Plan Evaluation and Appraisal Report (EAR) — that we examined on 1113109, was sent to DCA for approval. • Water Supply 10-yr Plan Ord —We had the 1st Rdg on 1113109 and it's been sent to DCA for approval, prior to the City's final adoption. Police: • Activity report -for February 2010 is attached. • JAG award - The Dept rec'd an award of $4179 for a Justice Assistance Grant for another mobile digital camera... mentioned in a 3/23/10 email. Public Works: • Curb around medians on SW 5th Av - Contractor, Vest Construction, has been slow getting started, but hope to have some of the construction by Central Elementary finished by the time the break is over. • Stimulus funded sidewalk program — started 2117110 on SW 7th Av as part fo the 1 sr phase. The 2nd phase is expected for bid opening on 3118/10, which according to DOT's bid docs includes about 13,500 fin ft. described as follows: Design and Construction of Okeechobee Sidewalks at various locations in the City of Okeechobee, Okeechobee County (FPID No. 427989-1-52-01, FAP ID. ARRA 608 B). The locations are NE 6th Street from NE 2nd Avenue to NE 6th approximately 1850 LF); NW 6th Street from US 441 to NW 1 Ith Avenue (approximately 4180 LF); NW 9th Street from US 441 to NW 8th Avenue (approximately 2850 LF); SE 7th Street from SE 9th Avenue to SE 13th Avenue (approximately 1250 LF) and SE 9th Avenue from SE 7th Street to SE 9th Drive (approximately 3364 LF). • Side arm mower -tractor purchase -As previously indicated the City opened bids for a tractor -extended -arm -mower. We've done some research and have decided now to reject the bids and pursue a 2-wheel drive version. End... Page 3 City of Okeechobee Pool/Billiards parlor operation hours - Propose opening on Sundays Current reas (see Sec 14-175 & 176) Unlawful to nnerate nool/billiards narlor durine the followine hours: Midnight (Sunday)to 2:OOAM-midnight 7:OOAM 2:OOAM-7:OOAM 2:OOAM-7:OOAM 2:OOAM-7:OOAM 2:OOAM-7:OOAM 2:OOAM-7:OOAM AM Sunday Monday Tuesday Wednesday Thursday Friday Saturday T L • Sunday Monday Tuesday Wednesday Thursday Friday Therefore the or000sed operation hours would be: i nricivir �Nriau�n nvuia aim. 7:OOAM to 7:OOAM to 7:OOAM to 2:OOAM on 7:OOAM to 7:OOAM to 2:OOAM on 7:OOAM to 2:OOAM on Wednesday 2:OOAM on 2:OOAM on Saturday 2:OOAM on NOT OPEN Tuesday morn'g morn'g Thursday morn'g Friday morning morning Sunday morning Sunday Monday Tuesday Wednesday Thursday Friday Saturday Proposed refs by ordinance amending above: Proposed to be unlawful to onerate pool/billiards parlor durine the followine hours: 2:OOAM- (Sunday) to Saturday 7:OOAM to 7:OOAM to 7:OOAM to 2:OOAM on 7:OOAM to 7:OOAM to 2:OOAM on 7:OOAM to 1I-00AM to 2:OOAM on Wednesday 2:OOAM on 2:OOAM on Saturday 2:OOAM on m"Idr),ii ITuesday morn'g morn'g IThursday morn'g lFriday morning Imorning Sunday morning Sunday Monday Tuesday Wednesday Thursday Friday Saturday March 2010 . Page 1 of 1 bwhitehall From: "bwhitehall"<bwhitehall@cityofokeechobee.com> To: "Stennis, Todd" <StenniT@Amtrak.com>; <guerint@amtrak.com>; <angelom@amtrak.com> Cc: "Robin Brock" <rbrock@cityofokeechobee.com> Sent: Friday March 26, 2010 11:09 AM Subjec • Okeechobee Amtrak improvmnts and the deep Good morning- It's been some time since we have conferred on the proposed depot refurbishment and I tho't it may be useful to bring you up to date. A few days ago the City rec'd a letter from CSX advising that the premise of an Agreement (or Letter of Intent) to allow the City, or any party, to begin remodeling/restoring the depot was predicated on a lease with Amtrak wherein the depot would "be used for passenger rail" service. In light of the improvements that Amtrak is planning at the site, which, by the way, are much needed and much appreciated, CSX is apparently capitulating on the arrangement, concluding that Amtrak would not be affiliated with anything to do with the depot. The purpose of this email is to add some clarity to the matter. Again, while this has drug on much longer than any of us anticipated, could you advise to what role Amtrak may play? The City continues to envision a refurbished depot that provides not only restoration of an important historical artifact, but continues to believe that there's a possibility of a thriving business partner for our community. Thanks for your time and effort! Be part of Okeechobee... Be Counted 2010 US Census Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 863.763.3372 ext-212 3/26/2010 • MEMO March 23rd, 2010 To: Brain Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, March C� Business Tag Receipts There have been 23 new businesses open their doors with BTR's since the beginning of FY 2010, along with 10 pending BTR applications going through the inspection process with each department. 1067- Renewal Notices were sent July 151h, 2009 due w/o penalty by 9/30/09 263-Delq. Notices were sent out Jan 101 advising of additional penalty of $250 as of 3/1. (159 paid, 3 businesses notified they had closed, 18 make inactive due to phone # inactive, 9 inactive- no contact w/business multiple years delq, and 27 insurance companies -may not write coverage at this time). 47 — Business remaining that have not paid which continue to operate a business within the City of Okeechobee (additional $250.00 penalty added as of March 1st) Community Involvement and Promotion: February events held in City Parks: Rylee's Hope Chili Cookoff, Feb 6th Speckled Perch Festival, Feb 13 & 14 Mainstreet Art Festival, Feb. 27th March events held or will be held in City Parks: March of Dimes Walk, March 6t Castle Memory Flags, YMCA Fund Day, Mar. 27th Budget & Finances Revenue postings through February compared to last year, are down close to $207,000 (8% difference). However, budget to budget for those same revenues we are at an 11.7% difference. Conclusion is that we are tracking better than predicted/estimated but not by much. Expenditures for all the departments in the general operating are down by appx $105,000 a decrease in actuals of 5.25% from last fiscal year at this time (February). Closely monitoring as we go forward. C:\Documents and Settings\Brian Whitehall\Desktop\ADMINISTRATOR\Staff Activity Reports\Finance\Mar 23 2010 Report.docPage 1 3/23/2010 0 • Grants and projects from a Financial perspective: Previous JAG 2009 grant in the amount of $15,078. has been spent on requested Car Video Equipment, as well as the software component. Final closeout of the grant has been sent to Florida Department of law Enforcement. Application has been made for the annual JAG2010 grant for additional Car Video Camera System for $4,179 of the total est. cost of $5,349 (78% of the cost covered by grant funds)... Update —as of the date of this report we've been advised we were awarded. Still working with Florida Public Assistance and FEMA for reimbursement of funds spent on Tropical Storm Faye, apprx $12,000. Legislative: Opening regular session was March 2nd. Very interesting legislation coming down, Amendment 4 (very costly and cumbersome), Pension legislation adds workload and cost to pension boards, cities, and counties), budget deficit even with an slight increase in sales tax estimates, shuffling of services to different agencies, Amendment 6 (detrimental to schools and citizens) However, quite of a few bills are already circulating that may need to be addressed if they come out of committee. Will keep reviewing same and advise. Insurance As presented to the council, our Property and Casualty Insurance coverage will be renewed on 4/1/10 at the same cost as last year. This is with an increase in property values and added equipment. PRM Loss prevention expert will be making a site visit by our request on April 27d'. The safety committee and he will do a walk through of every department and an analysis report will be presented to the committee with recommendations of any changes. 2009 FY Audit: Hoyman, Dobson auditors completed their field work back in November. We are still awaiting drafts from the Pension Audits for completion of the City audit. Anticipate April 2"d council meeting for presentation and review with Council Members. SBA & Banking As SBA continues to release monies from freeze, those monies are transferred to the respective fund local bank accounts. C:\Documents and Settings\Brian Whitehall\Desktop\ADMINISTRATOR\Staff Activity Reports\Finance\Mar 23 2010 Report.docPage 2 3/23/2010 CITY OF OKEECHOBEE• FIRE DEPARTMENT STATUS REPORT 17 March 2010 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: January & February 2010 Status Report INCIDENTS Total of 239 Calls for January and February 2010 Fires 12 Med/rescue 198 Haz mat 10 Service Call 4 Good Intent Call 8 False Alarm/Cancelled 6 Misc. 1 PLAN REVIEWS (Chief Smith reviewed the following): Total plans reviewed: 7 sets INSPECTIONS (Annual, New Business, New Owners, etc.) 34 inspections & re -inspections Conducted Acceptance tests and inspection on "New Clean Room" involving new clean agent and the Fire Alarm System. Performed final inspection on construction of same facility. Conducted Acceptance tests on Fire Hood Suppression System, Fire Alarm System, Hood System, and Fire Sprinkler System on Hammerheads. Inspected Circus and Fair Weekly scheduled hydrant maintenance performed Duty crews conducted pre -fire planning and inspections as scheduled SPECIAL / MISC. * Issued One Burn Permit (Billy Mason by Creek) * Odd Call- Rescued people from elevator at the VNA building (non -emergency) 0 • 3/17/10 Fire Dept Jan/Feb report Cont'd Pg 2 of 3 MEETINGS (Chief Smith attended the following): * Council * TRC * Mandatory Staff Meeting (OT) * Jim Threewits Office (SLERS) * Administrator: Dupper Property * Danny Creech (Hammerheads) * Treasure Coast Fire Chiefs Monthly * Sign Ordinance with Staff * CSX Preplan FIRE PREVENTION & PUBLIC RELATIONS * Ladder one and Special Ops firefighters attended the annual Safety Fair at the AG Center. Team members demonstrated rescue techniques using the ladder truck and special ops equipment. (OT) * Softball Team at the High School requested assistance with dropping the golf balls (fundraiser) by using the ladder truck * Removed danger of a large hornet nest located in a residential neighborhood (by Blue Heron) * Truck Demonstration for a Child's World Daycare (OT) * Parade for Martin Luther King day (OT) TRAINING * Fire Crews conducted/participated in monthly in-house training through out the month utilizing the FETN training network and applying training in the field for practical exercises. * Ladder One Special Ops training (in house) * Special Ops training for our team members (state mandatory) using the old Dupper house (OT) * Burned down Dupper house (OT created) (also considered PR) * About six Firefighters attended mandatory training at IRSC in Fort Pierce involving Fire Suppression Hood System acceptance testing (OT) * Dupper property had to be prepped for the training and burn (OT) * Building Prep for live fire burn building by Wal-Mart (OT) * About Six firefighters including myself attended a week long Fire Protection Systems class conducted in Okeechobee with the one day at the main campus. * In service training on new (to us) suction devices for all firefighters PERSONNEL * Ride Time (mandatory under mutual aid agreement) for employees. Every firefighter has to ride on the county's ambulance at least 12 hours per year to keep up with skills and equipment location on ambulances. (OT) * Hired on several new volunteers 3/17/10 Fire Dept Jan/Feb report Cont'd Pg 2 of 3 STATION AND EQUIPMENT * Suction Devices borrowed from OCFR (we have the disposable types that are not very reliable, we had an incident where one would not work during an emergency) OCFR let us borrow two of theirs which we basically rebuilt and supplied new batteries and they are like brand new (about 800.00). this allow us a chance to budget for our own and still have modern reliable equipment. * Moved training area from upstairs to downstairs in Bill's office to improve production * E-6 brakes repaired (parts alone were over 3000.00 dollars) * Annual Ladder Testing conducted * Updated and revamped inventory equipment lists for vehicles * Station generator had preventive maintenance performed * Replaced my computer and the incident report computer * Engine 6 generator having trouble running (repaired) * A/C unit upstairs in FD had to be repaired * Lt. Baugh's shift performed monthly preventive maintenance on all vehicles and equipment Code Enforcement * Handled several issues involving the area by Burger King (Councilman O'Conner) * Fred and other city employees attended Court Case * See Attached reports Okeechobee Fire Department Annual Incident 2009 Report for Total Incidents FIRES ■ Explosions • Rescue & EMS ■ Hazardous Condition ■ Service Calls • Good Intent Calls • False Alarms/Calls • Misc. Total Incidents Percentage Value FIRES 62 5.16% Explosions 1 0.08% Rescue & EMS 966 80.37% Hazardous Condition 48 3.99% Service Calls 32 2.66% Good Intent Calls 33 2.75% False Alarms/Calls 54 4.49% Misc. 6 0.50% Grand Total 1202 City of Okeechobee Code Enforcement Report for January 2010 Notes Date Inspect Letters Letters NOV/NOH NOV/NOH Written Cleared Issued Closed 4 26 1 4 0 5 • 5 7 1 0 3 0 6 11 0 0 3 0 7 5 0 0 0 0 Worked on Power Point for meeting 8 8 0 0 0 1 11 14 0 3 0 0 12 5 2 0 0 0 Worked on Code Bd presJMet with Mrs. Mills 13 13 0 0 2 0 14 17 0 0 1 0 15 14 0 0 0 0 19 12 2 0 1 0 20 11 3 0 1 0 21 15 0 1 0 1 22 14 1 2 0 0 25 17 0 0 0 0 26 10 0 0 3 0 27 5 0 0 0 0 Posted Staton, Worked on court documents 28 11 1 0 0 0 Court with Heritage Financial 29 9 0 0 0 0 Total 224 11 10 14 7 City of Okeechobee Code Enforcement Report for February 2010 Notes Date Inspect Letters Letters NOV/NOH NOV/NOH Written Cleared Issued Closed 1 7 0 0 0 0 Worked on Powerpoint for Code Bd. Mtg. 2 15 2 1 0 2 Worked on Powerpoint for Code Bd. Mtg. • 3 12 2 0 1 0 4 8 1 0 1 0 5 16 1 0 0 2 8 14 2 0 0 0 9 15 1 0 1 1 10 8 2 0 0 0 11 11 0 0 0 0 12 17 1 0 0 1 15 15 2 1 1 0 16 8 1 0 0 0 17 Fort Lauderdale, FACE Seminar 18 9 0 0 0 0 Posted three properties 19 17 0 0 2 1 22 24 0 4 0 0 Sue Out 23 14 0 1 1 1 24 17 8 3 1 0 • 25 11 2 0 0 0 26 9 0 0 0 0 Total 247 25 10 8 8 OKEECHOBEE POLICE DEPARTMENT Traffic Accidents, by Day and Hour Hour Monday TuesdayWednesdav Thursday Friday Saturday Sunday Total 00:00-00:59 0 0 0 0 0 0 0 0 01:00-01:59 0 0 0 0 0 0 0 0 02:00-02:59 0 0 1 0 0 0 0 1 03:00-03:59 0 0 0 0 0 0 0 0 04:00-04:59 0 0 1 0 0 0 0 1 05:00-05:59 0 0 0 0 0 0 0 0 06:00-06:59 0 0 0 0 1 0 0 1 07:00-07:59 1 0 0 0 0 0 0 1 08:00-08:59 0 0 0 0 0 0 0 0 09:00-09:59 1 0 0 0 1 0 0 2 10:00-10:59 1 0 0 1 0 0 0 2 11:00-11:59 3 0 2 0 0 2 0 7 12:00-12:59 1 1 0 0 0 0 0 2 13:00-13:59 1 0 1 1 1 1 0 5 14:00-14:59 1 1 1 0 1 1 0 5 15:00-15:59 0 2 1 0 1 0 0 4 16:00-16:59 0 0 0 0 1 0 0 1 17:00-17:59 1 0 1 0 0 1 2 5 18:00-18:59 0 0 0 0 0 0 1 1 19:00-19:59 1 0 0 0 0 0 0 1 20:00-20:59 0 0 0 0 0 0 0 0 21:00-21:59 0 0 0 0 0 0 0 0 22:00-22:59 0 0 0 0 0 0 0 0 23:00-23:59 0 0 0 0 0 0 0 0 Total by Day 11 4 8 2 6 5 3 39 Report Includes: All accident dates between '02/01/10' and '02/28/10', All accident times, All agencies, All officers, All location codes, All cities, All locality types, All environmental causes, All collision types, All severity codes, All weather conditions, All road surfaces, All road characteristics, All road defects, All light conditions, All traffic controls, All damages rptrtar.rh 03/1 I/10 03/11/10 12:25 Hour 00:00-00:59 01:00-01:59 02:00-02:59 03:00-03:59 04:00-04:59 05:00-05:59 06:00-06:59 07:00-07:59 08:00-08:59 09:00-09:59 10:00-10:59 11:00-11:59 12:00-12:59 13:00-13:59 14:00-14:59 15:00-15:59 16:00-16:59 17:00-17:59 18:00-18:59 19:00-19:59 20:00-20:59 21:00-21:59 22:00-22:59 23:00-23:59 OKEECHOBEE POLICE DEPARTMENT 207 CAD Calls by Day and Time Page: 1 Monday Tuesday Wednesday Thursday Friday Saturday SundaylTotal --------------------------------------------------------------+----- 3 4 2 2 0 2 5 18 0 4 1 2 4 4 S 20 1 1 0 0 3 3 3 11 2 1 1 1 2 2 1 10 0 1 0 0 2 0 1 4 2 0 2 0 2 4 2 12 0 3 0 0 2 0 0 5 1 3 3 4 1 2 4 18 6 1 4 5 4 4 4 28 6 3 3 3 3 5 6 29 4 3 2 10 2 2 5 28 6 6 5 7 3 6 5 38 6 7 3 3 8 6 1 34 6 9 3 4 8 4 2 36 6 6 6 5 6 6 2 37 4 8 5 9 10 3 4 43 4 7 5 2 7 4 1 30 9 4 6 6 6 5 7 43 4 4 4 7 3 3 4 29 4 8 5 7 3 3 1 31 3 7 8 2 5 5 3 33 2 2 3 2 4 7 4 24 1 2 3 3 7 6 0 22 5 2 3 1 5 5 3 24 ------------t------------------------------------------------------------- Total by Dayl 85 96 77 85 100 91 731 607 -------------------------------------------------------------------------------- Report Includes: All reported dates between-00:00:00 02/01/10' and-23:59:00 02/28/10- All nature of incidents All respond to addresses All respond to cities All agencies *** End of Report /tmp/rptApAaEa-rpcdccdt.rl 1 *** • u 03/11/10 OKEECHOBEE POLICE DEPARTMENT 207 12:26 Traffic Citation Time Analysis Page: 1 Hour IMonday Tuesday Wednesday Thursday Friday Saturday SundaylTotal ------------+-------------------------------------------------------------+----- 00:00-00:59 0 0 0 1 0 0 2 3 01:00-01:59 0 0 1 0 0 2 0 3 02:00-02:59 0 0 0 0 2 4 4 10 03:00-03:59 0 0 0 0 0 0 0 0 04:00-04:59 0 0 0 0 0 0 0 0 05:00-05:59 0 0 0 0 0 0 0 0 06:00-06:59 0 1 0 0 0 0 1 2 07:00-07:59 2 0 0 0 1 0 0 3 08:00-08:59 0 0 0 0 0 0 0 0 09:00-09:59 0 0 0 0 1 0 2 3 10:00-10:59 0 0 0 0 0 0 0 0 11:00-11:59 1 0 1 0 1 0 0 3 12:00-12:59 1 0 1 0 0 2 4 8 13:00-13:59 0 0 0 0 2 2 0 4 14:00-14:59 0 1 3 0 1 4 2 11 15:00-15:59 0 0 3 0 1 1 2 7 16:00-16:59 0 0 2 0 0 0 0 2 17:00-17:59 0 0 0 2 0 2 3 7 18:00-18:59 1 1 2 0 0 1 2 7 19:00-19:59 1 0 0 3 0 2 0 6 20:00-20:59 0 0 0 2 0 0 0 2 21:00-21:59 2 0 0 0 1 1 1 5 22:00-22:59 2 1 2 1 3 1 0 10 23:00-23:59 1 1 0 2 1 1 01 6 ------------+-------------------------------------------------------------+----- Total by Dayl 11 5 15 11 14 23 231 102 ------------+-------------------------------------------------------------+----- All dates between-00:00:00 02/01/10' and -23:59:59 02/28/10` All agencies All areas All officers All courts All types All violations *** End of Report /tmp/rptY-rptrtca.rl_l *** 0 0 03/11/10 OKEECHOBEE POLICE DEPARTMENT 207 12:35 Traffic Warning Time Analysis Page: 1 Hour (Monday Tuesday Wednesday Thursday Friday Saturday SundaylTotal ----------------------------------------------+----- 00:00-00:59 0 0 0 0 0 0 1 1 01:00-01:59 0 1 0 0 0 0 1 2 02:00-02:59 0 0 0 0 0 0 0 0 03:00-03:59 0 0 0 0 0 0 0 0 04:00-04:59 0 0 0 0 0 0 0 0 05:00-05:59 0 0 1 0 0 0 0 1 06:00-06:59 1 0 0 0 1 0 1 3 07:00-07:59 5 2 0 2 0 0 0 9 08:00-08:59 1 2 1 0 0 1 0 5 09:00-09:59 0 0 0 0 0 0 0 0 10:00-10:59 1 2 1 0 0 0 2 6 11:00-11:59 0 2 1 0 0 0 0 3 12:00-12:59 0 1 0 0 1 1 2 5 13:00-13:59 1 0 1 3 0 0 2 7 14:00-14:59 4 1 0 0 0 2 0 7 15:00-15:59 1 0 0 1 0 2 0 4 16:00-16:59 1 0 1 1 0 0 1 4 17:00-17:59 1 0 1 4 0 0 0 6 18:00-18:59 3 1 1 0 0 2 0 7 19:00-19:59 3 1 0 1 1 2 0 8 20:00-20:59 2 0 3 1 0 2 0 8 21:00-21:59 1 2 0 1 0 17 0 21 22:00-22:59 0 3 0 0 1 1 0 5 23:00-23:59 1 1 0 0 1 2 0 5 ------------+-------------------------------------------------------------+----- Total by Dayl 26 19 11 14 5 32 101 117 ------------+-------------------------------------------------------------+----- Agency between -00:00:00 02/01/10- and '23:59:59 02/28/10- Area Officer Violation -------------------------------------------------------------------------------- *** End of Report /tmp/rptbLEeia-rptrtwa.rl_l *** 0 • 03/11/10 OKEECHOBEE POLICE DEPARTMENT 207 12:39 Arrest Time Analysis Report Page: 1 Hour IMonday Tuesday Wednesday Thursday Friday Saturday SundaylTotal ------------+-------------------------------------------------------------+----- 00:00-00:59 0 0 0 0 0 0 0 0 01:00-01:59 0 0 0 0 0 2 2 4 02:00-02:59 0 0 0 0 1 2 1 4 03:00-03:59 0 0 0 0 0 0 0 0 04:00-04:59 0 0 0 0 0 0 0 0 05:00-05:59 0 0 0 0 0 0 0 0 06:00-06:59 0 0 0 0 1 0 0 1 07:00-07:59 0 0 0 0 0 0 0 0 08:00-08:59 0 0 0 3 0 0 0 3 09:00-09:59 0 0 0 0 0 0 0 0 10:00-10:59 0 0 0 1 0 0 0 1 11:00-11:59 0 2 0 0 0 0 0 2 12:00-12:59 0 0 0 0 0 2 1 3 13:00-13:59 0 2 0 0 0 0 0 2 14:00-14:59 0 0 0 0 0 0 1 1 15:00-15:59 0 0 1 0 3 1 0 5 16:00-16:59 0 0 1 1 0 0 1 3 17:00-17:59 0 2 0 0 0 0 0 2 18:00-18:59 0 0 1 0 0 1 1 3 19:00-19:59 1 0 0 2 0 0 0 3 20:00-20:59 0 0 0 0 0 0 0 0 21:00-21:59 1 0 0 0 0 0 0 1 22:00-22:59 0 0 1 0 1 0 0 2 23:00-23:59 0 0 0 0 0 0 0 0 ------------+-------------------------------------------------------------+----- Total by Dayl 2 6 4 7 6 8 71 40 ------------+-------------------------------------------------------------+----- Report Includes: All offense times between '00:00:00 02/01/10- and -23:59:59 02/28/10- All offense codes All statute codes All offense location codes All alcohol/drug codes All crime classifications All law jurisdictions All entry codes All arresting agencies All arresting dates All active flags -------------------------------------------------------------------------------- *** End of Report /tmp/rpt5rieEa-rpjmata.rl 1 *** Melisa u • Page 1 of 2 From: "Lane Gamiotea" <Igamiotea@cityofokeechobee.com> To: "Donnie Robertson"<d robe rtson @ cityofokeechobee. com >; "Robin Brock" <rbrock@cityofokeechobee.com> Cc: "Brian Whitehall"<bwhitehall@cityofokeechobee.com>; "Melisa Jahner" <mjahner@cityofokeechobee.com> Sent: Wednesday, February 17, 2010 10:08 AM Attach: Proclamation Sample 2010.doc Subject: Fw: National Public Works Week Good Morning! Here's the annual request for their proclamation, from the email it reads that they need it mailed to them by April 23, can you please schedule this for the April 6 meeting, Thanks! Lane Gamiotea, CIVIC, City Clerk Be part of Okeechobee... Be counted 2010 US Census Website: http://www.citvofokeechobee.com City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 OFFICE 863 - 763-3372 x 215 CELL 863- 697-0345 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. ----- Original Message ----- From: Tracy Quintana To: Daise. Cora; dcrosby2@cfl.rr.com ; Dale Haas . Dale S. Sucierman ; Damon Grant_; Dan Blackwook ; Dan Shabeldeen ; clerk@pinecrest-fl.gov ; townhall@indialantic.com ; ienningsch@alltel.net ; flcitymayo@aol.com ; Darrell Cole ; Dave Aronberg ; johns@oaklandparkfl.org ; hillth@alltel.net ; townofaltha@atcom.net ; devans@hntb.com ; David Gerdel ; David Hill ; cobg@earthlink.net ; dfarber@rovalpalmbeach.com ; David McLean ; David Novakoski ; clerk@ cityofwauchula.com ; David T. Harden ; piohnso@ci.venice.fl.us ; orchid.manager@comcast.net ; pierson@usa2net.net ; dspivey@ci.stuart.fl.us ; coopercityhall@coopercitvfl.org ; Debrah Forester ; cityhall@cityofhawthorne.net ; Denise Schlegel : iunobeach@iuno-beach.fl.us ; ianeen@ci.fort-myers- beach.fl.us ; smckamey@believiewfl.org ; dmulder@ci.deltona.fl.us ; shill@ci.greenacres.fl.us ; Diane Lamb; Dianne Dubberiy ; citvhall@ci.south-pasadena.fl.us ; townclerk@pomonapark.com ; citylh@hotmail.com ; citvhall@mvtreasureisland.M ; dslesnick@coralgables.com ; info@cityofpsl.com ; dbussev@coab.us ; townofbranford@alltel.net ; ascott@wiltonmanors.com ; citymanaaer@stcloud.crg ; Igamiotea@citvofokeechobee..com ; cbernier@town.windermere.fl.us ; townofcloudlake@msn.com ; townofoceanbreez@bellsouth..net ; dsmallwood@citvofeveralades.org ; info@ cityofbradentonbeach.com ; Douglas Kinson ; Duane Chase ; clerk@ sewallspoint.martin..fl.us ; EArl Sehi ; ccapecanaveral@cfl.rr.com ; Ed Wasielewski ; roberts-wildwood@cfl.rr.com ; Edgar Hall ; dbowne@dunnellon.org ; questions@southpalmbeach.com ; Elia Twigg ; Elizabeth Parker ; citvofbristol@gtcom.net ; villaaeofsrl@bellsouth.net ; info@ ci.brooksville.fl.us ; bunnellcomm@flaaler.net ; cityhall@westonfl.org ; CMO@capecoral.net ; townoflee@shareinet.net ; Ernie Nelson ; cityofst.marks@comcast.net ; mpier@palmettobay-fl.aov ; citymgroffice@jaxbchfl.net ; yktnth@atlantic. net ; FrancesBrennan25@aol.com ; sabadmin@bellsouth.net ; frank.hibbard@myclearwater..com ; fthomas@ci.stuart.fl.us ; cftmeade@aol.com ; supports@ mail.state.fl.us ; Fred Schorr ; Frederic L. Howell ; tcroley@cityoffrostproof.com ; Manuel Fernandez; Tom Ward Sent: Tuesday, February 16, 2010 4:28 PM Subject: National Public Works Week istlevican ?re lic t0orks 14s5o ae 4/5/2C February 10, 2010 0 Page 2 of 2 2010 National Public Works Week To The Supporters of Public Works: Since 1960, APWA has proudly sponsored National Public Works Week across the nation. Our members continue the tradition to energize and educate the public on the importance of the contribution of public works to their daily lives: planning, building, managing and operating the heart of our local communities and assisting with improved the quality of life during this week of planned activities. APWA's theme for 2010's National Public Works Week is entitled, "Public Works: Above, Below, & All Around You" and will be celebrated May 16-22, 2010. The theme speaks to the all -pervasive effort of public works professionals and their projects, while bringing quality of life contributions and the necessities of our communities to the citizens of the world. During this week, I would like to encourage each of you to get involved with the many activities and events that will be implemented to help remind the public that our work improves the quality of life for everyone in the community. For example, some communities hold special community events to showcase the services provided by employees while others have held equipment rodeos and give away prizes to employees or door prizes to the public in celebration of National Public Works Week. This year's show is being held in Orlando with record breaking attendance anticipation. I would like to request from each Chapter to submit a Proclamation issued by your local community recognizing National Public Works Week and have it displayed at the American Public Works Association Florida Chapter Annual Meeting and Tradeshow. Thank you in advance for your participation by submitting a proclamation. This will allow APWA to continue to showcase continued support to those in the Public Works field. It is quite an impressive sight to see all the proclamations displayed at the FL Chapter Annual Tradeshow. Please, mail your original proclamation to me using the address below so your proclamation will be proudly displayed for all to see in Orlando at our APWA FL Chapter 50th Anniversary Annual Meeting and Tradeshow May 3-7, 2010. A sample proclamation has been attached for your review. Please return your proclamation tome no later than April 23, 2010. To learn more about the American Public Works Association and National Public Works Week, go the website www.apwa.net. You can click on About Us and headline item, National Public Works Week to get more information. If you have any questions, or require any assistance, please call, email or write me. I look forward to receiving your proclamation soon. 6awW ./l�l. Y%kei:#, Sr. FL Chapter Public Work Week Committee Chairman Leon County Public Works -Operations 2280 Miccosukee Rd, Tallahassee FL 32308 850-606-1400 phone 850-606-1401fax patrickcC@leoncount�fl.gou Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead contact the City by phone or in writing. 4/6/2010