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2000-09-19 Regular & Budget PHCITY OF OKEECHOBEE SEPTEMBER 19, 2000 FINAL BUDGET HEARING AND REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: September 19, 2000, City Council Regular Meeting, 5:01 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Kevin Simms; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATION OF CERTIFICATE - Mayor. A. Present a Certificate of Retirement to Amado Juarez, Sr V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 5, 2000 Regular Meeting. PAGE 1 OF 12 Mayor Kirk called the September 19, 2000 Regular City Council Meeting to order at 5:01 p.m. Pastor Simms offered the invocation; Mayor Kirk led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present Mr. Juarez was not in attendance. Mayor Kirk instructed Deputy Clerk Gamiotea to invite Mr. Juarez to the next employee luncheon and he would be presented his Certificate of Retirement at that time. Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the September 5, 2000 Regular Meeting; seconded by Council Member Markham. There was no discussion regarding this item. 2-6 4 *b22W, V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 5, 2000 Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Register for the month of August 2000: General Fund ............................. $ 272,996.51 Emergency and Disaster Relief Fund ............ $ 5,951.88 Public Facilities Improvement Fund ............ $ 72,450.86 VII. AGENDA - Mayor. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 2 OF 12 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve the Warrant Register for the month of August 2000: General Fund, two hundred seventy-two thousand, nine hundred ninety-six dollars, fifty-one cents ($272,996.51), Emergencyand Disaster Relief Fund, five thousand, nine hundred fifty-one dollars, eighty-eight ($5,951.88), Public Facilities Improvement Fund, seventy-two thousand, four hundred fifty dollars, eighty-six cents ($72,450.86); seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. VIII. OPEN PUBLIC HEARING FOR THE FINAL READING OF BUDGET MAYOR KIRK OPENED THE PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES AT 5:05 ORDINANCES - Mayor. P.M. A. Mayor announces that the purpose of this public hearing is to Mayor Kirk announced that the purpose of this public hearing is to consider the final reading of ordinances for the consider the final reading of ordinances for the proposed millage proposed millage rate levy and proposed budget for fiscal year 2000-2001. rate levy and proposed budget for fiscal year 2000-2001. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 3 OF 12 21 VIII. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES CONTINUED. B. Mayor announces that the proposed millage rate levy represents 8.50% more than the roll back rate computed pursuant to Florida Statute Section 200.065(1). Mayor Kirk announced that the proposed millage rate levy represents 8.5% more than the roll back rate computed pursuant to Florida Statute Section 200.065(1). C.1. a) Motion to read by title only proposed Ordinance No. 755 levying a Council Member Watford movedto read by title only proposed Ordinance No. 755 levying a millage rate forthe General millage rate for the General Fund Budget - City Attorney (Exhibit 1). 11 Fund Budget; seconded by Council Member Oliver. b) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 755 by title only. Attorney Cook read proposed Ordinance No. 755 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 5.9399 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 5.9399 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATEIS 8.50%MORE THAN THEROLL-BACK RATE COMPUTED INACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 755. Council Member Oliver moved to adopt proposed Ordinance No. 755; seconded by Council Member Markham. b) Public discussion and comments. Mayor Kirk asked whether there were any comments or questions from the public, there were none. He then asked whether there were any comments or questions from the Council. Council Member Watford commented that this was discussed quite thoroughly at the workshop and first hearing. c) Re -computation of millage rate (if required). III Re -computation of millage rate was not required. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 4 OF 12 VIII. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES CONTINUED. C. 2. d) Vote on motion. D.1. a) Motion to read by title only proposed Ordinance No. 756 establishing the revenues and expenditures for the General Fund Budget - City Attorney (Exhibit 2). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 756 by title only 2. a) Motion to adopt proposed Ordinance No. 756. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 756 establishing the revenues and expenditures for the General Fund Budget; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 756 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THECITYOF OKEECHOBEE, FLORIDA, FOR THEFISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $6,905,486.00 AND EXPENDITURES OF $3,352,103,00 LEAVING A FUND BALANCE OF $3,553,383.00; PUBLIC FACILITIES►MPROVEMENTFUND REVENUES OF$1,234,465.00 AND EXPENDITURES OF$595,204.00 LEAVING A FUND BALANCE OF $639,261,00; DEBT SERVICE REVENUES OF $249,285.00 AND EXPENDITURES OF $199,365.00 LEAVING A FUND BALANCE OF$49,920.00 LAW ENFORCEMENT SPECIAL FUND REVENUES OF $25,217.00 AND EXPENDITURES OF $-0- LEAVING A FUND BALANCE OF $25,217.00 EMERGENCY AND DISASTER RELIEF REVENUES OF $560,619.00 AND EXPENDITURES OF $500,000.00 LEAVING A FUND BALANCE OF $60, 619.00; PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 756; seconded by Council Member Watford. SEPTEMBER 19,2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 5 OF 12 Z9 ... ........ . ......... . . . . ............... ..... ........... ............... \1111. PUBLIC HEARING FOR THE FIRST READING OF BUDGET ORDINANCES CONTINUED. D. 2. b) Public discussion and comments. Council Member Watford moved to amend Ordinance No. 756, General Fund Revenues to read six million, eight hundred five thousand, fourhundred eighty-six dollars ($6,805,486.00), General Fund Expendituresto readthree million, four hundred eighteen thousand, six hundred forty-one dollars ($3,418,641.00), Public Facilities Improvement Fund Revenues to read one million, one hundred sixty-seven thousand, one hundred one dollars ($1,167,161.00), Emergency Disaster and Relief Fund Revenues to read six hundred twenty-seven thousand, four hundred one dollars ($627,401.00), Emergency Disaster and Relief Fund Expenditures to read six hundred twenty-seven thousand, four hundred one dollars ($627,401.00) and adding Community Development Block Grand Related Revenues of five thousand dollars ($5,000.00) and Expenditures of five thousand dollars ($5,000.00), Leaving a Fund Balance of zero dollars ($-Q-), seconded by Council Member Markham. There was a brief discussion between the Council and Staff. Mayor Kirk asked whether there were any questions or comments from the public, there were none. Council Member Watford also noted for those present, that even though they were moving through the budget hearing rapidly, there has been a lot of time spent on the budget at the workshop and first hearing. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED To AMEND. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED As AMENDED. CLOSE BUDGET PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE BUDGET PUBLIC HEARING AT 5:14 P.M. Xt SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 6 OF 12 IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 5:15 P.M. A.1 a) Motion to read by title only proposed Ordinance No. 753 adopting Council Member Oliver moved to read by title only proposed Ordinance No. 753 adopting the Comprehensive Plan the Comprehensive Plan Evaluation and Appraisal Report - City Evaluation and Appraisal Report; seconded by Council Member Markham. Planning Consultant (Exhibit 3). VOTE b) Vote on motion. KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 753 by title only. Attorney Cook read proposed Ordinance No. 753 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA BASED ON ITS EVAL UATIONAND APPRAISAL REPORT INCL UDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVI SEAND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS; AND ADDING APPENDIX "A", STATUTORY DEFINITIONS, IN ACCORDANCE WITH THE MANDATES SETFORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 2. a) Motion to adopt proposed Ordinance No. 753. III Council Member Watford moved to adopt proposed Ordinance No. 753; seconded by Council Member Oliver. b) Public discussion and comments. City Planning Consultant Jim LaRue was not present to address the Council regarding this matter. Motion and second was withdrawn from the floor. Mayor Kirk closed the public hearing at 5:18 with the understanding that they would come back to this item when Mr. LaRue arrived. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 7 OF 12 X. NEW BUSINESS. A. Proposal for the City to implement an IRS Section 125 Pre -Tax Mr. Ron Wheeler of American Family Life Insurance (AFLAC) addressed the Council outlining the benefits of the City Plan (Cafeteria Plan) through American Family Life Insurance Flex implementing an IRS Section 125 Pre-tax Cafeteria Plan. The plan allows for insurance premiums to be deducted prior Plan - Ron Wheeler, AFLAC Agent (Exhibit 4). to income and social security taxes, an approximate savings of 25 percent to the employees. This is at no cost to the City, there will be an IRS form that AFLAC will complete for the City, the City will sign it and mail it. There was a brief discussion between the Council, Mr. Wheeler and Staff. For clarification, the City will not be changing health insurance companies, Blue Cross and Blue Shield of Florida participates in this plan. The benefit for doing this to AFLAC is that it would enable employees to purchase supplemental insurance that otherwise they might not be able to afford. It is not mandatory for employees to purchase additional insurance; the plan does not discriminate against anyone. Finance Coordinator Parker confirmed it would not create a hardship on the finance department and that it would not complicate payroll withholdings, they are currently doing this for the retirement. The City's health insurance representative was contacted and he did not have any problems with the plan and thought it was a good idea. Council Member Watford moved to implement an IRS Section 125 Pre-tax Cafeteria Plan through American Family Life Insurance Flex Plan; seconded by Council Member Chandler. KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B. Motion to approve an Interlocal Agreement between the City and Council Member Watford moved to approve an Interlocal Agreement between the City and Capital Project Finance Capital Project Finance Authority regarding the Industrial Revenue Authority regarding the Industrial Revenue Bonds for the Sheffield Project; seconded by Council Member Markham. Bonds for the Sheffield Project -City Administrator (Exhibit 5). There was a brief discussion regarding this item. The Council asked for clarification and Staff confirmed that the City would not be held liable for these bonds should the Sheffield Project not come to fruition. This document stipulates that the City will be held harmless and there are several other documents that will follow for Council's approval. This document basically gets the ball rolling for the project and assists in applying for grants to develop the City's Industrial Park. The Council also instructed Attorney Cook to look into other projects that have been done this way and advise the Council of his findings. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 8 OF 12 X. NEW BUSINESS CONTINUED. B. Motion to approve an Interlocal Agreement between the City and Capital Project Finance Authority regarding the Industrial Revenue Bonds for the Sheffield Project continued. C.1. a) Motion to read by title only and set October 3, 2000 as the public hearing date for proposed Ordinance No. 758, establishing a law enforcement trust fund - City Attorney (Exhibit 6). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 758 by title only VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Oliver moved to read by title only and set October 3, 2000 as the public hearing date for proposed Ordinance No. 758, establishing a law enforcement trust fund; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - No MOTION CARRIED. City Attorney to read proposed Ordinance No. 758 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF ORDINANCE NO. 758, CITY OF OKEECHOBEE, FLORIDA; OR SUCH FUNDS OBTAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS, SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." Attorney Cook noted that a correction needed to be made in the title where it refers to Ordinance No. 758, he would find the document and get that corrected. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 9 OF 12 X. NEW BUSINESS CONTINUED. C. 2. a) Motion to approve the first reading of proposed Ordinance No. 759. III Council Member Markham moved to approve the first reading of proposed Ordinance No, 758; seconded by Council Member Oliver. b) Discussion. The Council briefly discussed the proposed ordinance with Attorney Cook. In a previous document the Council'. approved the collection of Administrative Fees and Fees obtained through the Procedures of Forfeiture by the Police Department. This ordinance authorizes the expenditure of those fees, and sets guidelines for what they can be spent on, and who has authorization to approve the expenditures. Administrative Fees may be approved by the Police Chief. Forfeiture Fees must be approved by the City Council. The Council instructed Attorney Cook to insert language in the ordinance adding that the Administrator should be informed when the Police Chief expends monies collected through Administrative Fees. Mayor Kirk asked whether there were any comments or questions from the public, there were none. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only and set October 3, 2000 as the public Council Member Watford moved to read by title only and set October 3, 2000 as the public hearing date for proposed hearing date for proposed Ordinance No. 759, regarding Ordinance No. 759, regarding Enforcement of Nuisances within the City; seconded by Council Member Markham. Enforcement of Nuisances within the City - City Attorney (Exhibit 7). b) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 33 SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 10 OF 12 t^tlrfilu ..Tttt ..:` Ali} X. NEW BUSINESS CONTINUED. D.1. c) City Attorney to read proposed Ordinance No. 759 by title only. City Attorney to read proposed Ordinance No. 759 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.611, AS AMENDED, HEALTH AND BEAUTIFICATION; CODE OF ORDINANCES SECTION 8.10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNERCOMPLIANCEANDREMEDIES FOR FAILURETOCOMPLY; CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 759. Council Member Chandler moved to approve the first reading of proposed Ordinance No. 759; seconded by Council Member Oliver. b) Discussion. Mayor Kirk asked whether there were any questions or comments from the public, there were none. The Council briefly discussed the proposed ordinance with Attorney Cook. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. E. Motion to authorize the filing of a Community Development Block Council Member Watford moved to authorize the filing of a Community Development Block Grant Application and Grant Application and authorize the Mayor to act as the official authorize the Mayor to act as the official representative of the City in connection with the application; seconded by representative of the City in connection with the application - Police Council Member Oliver. There was a brief discussion regarding this item. Chief/City Administrator. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 615 SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 11 OF 12 X. NEW BUSINESS CONTINUED. F.1. a) Motion to adopt proposed Resolution No. 00-6 regarding Fixed Council Member Oliver moved to adopt proposed Resolution No. 00-6 regarding Fixed Asset Records of the City; Asset Records of the City - City Administrator (Exhibit 8). �11seconded by Council Member Watford. b) City Attorney to read proposed Resolution No.. 00-6 by title only. Attorney Cook read proposed Resolution No. 00-6 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE SUMMARIZATION OFALL PROPERTYOWNED WITH ORIGINAL COST OF SEVEN HUNDRED FIFTY DOLLARS ($750.00) OR MORE AND ECONOMIC LIFE EXCEEDING ONE YEAR. THE INFORMATION DEVELOPED TO INCLUDE (A) REAL PROPERTYBASED UPON DEED RECORDS, SCHEDULING COST (WHEREAVAILABLE) AND INSURANCE VAL UESASASSIGNED BYINDIVIDUAL PARCEL AND BUILDING, AND (B) A COMPREHENSIVELIST OFTANGIBLEMOVEABLEPROPERTYWITH COST (WHERE AVAILABLE) AND ASSIGNED VALUES AS PREPARED BYEACH CITYOFOKEECHOBEEDEPARTMENT. SUCH 11 LIST TO BE COMPARED TO THE EXISTING ASSET RECORDS." F.1. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. IX. RECONVENE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK RECONVENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. A. 2. a) Motion to adopt proposed Ordinance No. 753. III Council Member Watford moved to adopt proposed Ordinance No. 753; seconded by Council Member Oliver. b) Public discussion and comments. Mr. Jim LaRue, City Planning Consultant, addressed the Council viewing the Objections, Response and Comments Report from the Department of Community Affairs (DCA) regarding the Evaluation and Appraisal Report for the City's Comprehensive Plan. Once these final amendments are approved by DCA all amendments to the Comprehensive Plan will be implemented and Mr. LaRue's office will forward complete copies of the Plan to the City. SEPTEMBER 19, 2000 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 12 OF 12 IX. RECONVENE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 2. b) Public discussion and comments. The status of the Future Land Use Map was discussed. The Council authorized Mr. LaRue to work with City Staff in addressing any mapping errors that still exist on the map and submit those in one amendment during the 2001 calendar year. c) Vote on the motion, VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. XI. ADJOURN MEETING - Mayor. III There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:23 p.m. PLEASE TAKE NOTICE AND BE ADVISED THAT IF 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 MICH THE APPEAL IS TO BE BASED. ATTEST: BONNIE S. THOMAS, CIVIC, CITY CLERK • • Page -I- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING & FINAL BUDGET HEARING - September 19, 2000 HANDWRITTEN MINUTES CALL TO ORDER: -Mayor: Kr,,-k, sent-19 200o crzv co,wzz-MELx�Axs:oi P.M. II. OPENING CEREMONIES: Invocation offered by Pa4torsLo~, Please of Allegiance led by Mcwor7(" III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Deputy Clerk Present Absent Mayor Kirk X Council Member Chandler X Council Member Markham X Council Member Oliver X Council Member Watford X Attorney Cook X Administrator Veach X City Clerk Thomas X Deputy Clerk Gamiotea X IV. PRESENTATION OF CERTIFICATE - Mayor. A. Present a Certificate of Retirement to Amado Juarez, Sr. Mr. Juarez was not present to receive his certificate, Mayor Kirk stated if he arrived later in the meeting they would present it then. Mr. Juarez did not arrive during the meeting. Council asked Deputy Clerk Gamiotea to extend an invitation to Mr. Juarez to attend the next employee luncheon and they would present it to him then and that his lunch would be on the house. V. MINUTES - City Clerk. A. Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the September 5, 2000 Regular Meeting; seconded by Council Member Markham VOTE: KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the Warrant Register for the month of August, 2000: General Fund $272,996.51, Emergency and Disaster Relief Fund $5,951.88, Public Facilities Improvement Fund $72,450.86; seconded by Council Member Markham VOTE: KIRK - yea CHANDLER - yea MARKHAM - yea • • Page -2- OLIVER - yea WATFORD - yea MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. None MI. OPEN PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES - Mayor 5:05 p.m. A. Mayor Kirk announced that the purpose of this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 2000-2001. B. Mayor Kirk announced that the proposed millage rate levy represents 8.5% more than the roll back rate computed pursuant to Florida Statute Section 200.065(1). C. 1. a) Council Member Watford moved to read by title only for proposed Ordinance No. 755 levying a millage rate for the General Fund Budget - City Attorney (Exhibit 1); seconded by Council Member Oliver b) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 755 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 5.9399 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 5.9399 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITYPURPOSES; THAT SAID MILLAGE RATEIS 8.50% MORE THAN THEROLL-BACKRATE COMPUTED 1NACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Oliver moved to adopt proposed Ordinance No. 755; seconded by Council Member Markham. b) Public discussion and comments. None Council: Watford - I think this was discussed quite thoroughly at the first hearing. C) Re -computation of millage rate (if required). Not required. d) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. • Page -3- D.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 756 establishing the revenues and expenditures for the General Fund Budget - City Attorney (Exhibit 2); seconded by Council Member Oliver. b) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 756 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $6,905,486.00 AND EXPENDITURES OF $3,352,103.00 LEAVING A FUND BALANCE OF $3,553,383.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,234,465.00 AND EXPENDITURES OF $595,204.00 LEAVING A FUND BALANCE OF $639,261.00; DEBT SERVICE REVENUES OF $249,285.00 AND EXPENDITURES OF $199,365.00 LEAVING A FUND BALANCE OF $49,920.00 LAW ENFORCEMENT SPECIAL FUND REVENUES OF $25,217.00 AND EXPENDITURES OF $-0- LEAWNG A FUND BALANCE OF $25,217.00 EMERGENCY AND DISASTER RELIEF REVENUES OF $560, 619.00 AND EXPENDITURES OF $500, 000.00 LEAVING A FUND BALANCE OF $60,619.00; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 756; seconded by Council Member Watford. Council MemberWatford moved to amend Ordinance No. 756 General Fund Revenuesto read six million eight hundred five thousand, four hundred eighty-six dollars ($6 805,486 00), General Fund Expenditures to read three million four hundred eighteen thousand, six hundred forty-one dollars ($3,418 641 00), Public Facilities Improved Fund Revenues to read one million, one hundred sixty-seven thousand one hundred one dollars ($1,167161 00), Emergency Disaster and Relief Fund Revenues to read six hundred twenty-seven thousand four hundred one dollars ($627 401 00), Emergency Disaster and Relief Fund Expenditures to read six hundred twenty-seven thousand four hundred one dollars ($627,401.00) and adding a Community Development Block Grand Related Revenues of five thousand dollars ( 5,000.00) and Expenditures of five thousand dollars ($5 000 00), Leaving a Fund Balance of zero dollars seconded by Council Member Markham. Watford - what about the fund balance, do those also need to be amended? Cook - no, that is expected since you are changing the other numbers. Oliver - why the increase in expenditures on emergency disaster and relief fund? Veach - council approved the bigger building for the police dept at the last meeting. Vote on motion to amend KIRK - yea CHANDLER - MARKHAM - OLIVER - WATFORD - MOTION CARRIED TO AMEND. u • Page -4- b) Public discussion and comments. None Council: none Watford - for the record, don't think were taking this very lightly, this is our budget and has been discussed at length at the workshop and first public hearing. c) Vote on motion. KIRK - yea CHANDLER - MARKHAM - OLIVER - WATFORD - MOTION CARRIED. CLOSE BUDGET PUBLIC HEARING - Mayor 5:14 p.m. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 5:15 p.m. A.1 a) Council Member Oliver to read by title only proposed Ordinance No. 753 adopting the Comprehensive Plan Evaluation and Appraisal Report - City Planning Consultant (Exhibit 3); seconded by Council Member Markham. b) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 753 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA BASED ONITS EVALUATIONAND APPRAISAL REPORT 1NCL UDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVI SEAND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS, AND ADDING APPENDIX "A'; STATUTORYDEFINITIONS, IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 2. a) Council Member Watford moved to adopt proposed Ordinance No. 753; seconded by Council Member Oliver Jim LaRue was not present. Watford suggested they wait until he arrives. Motion and second are withdrawn from floor. Mayor closed public hearing until LaRue arrives and then we'll come back to this item Jim arrives, 5: 18 p.m. X. NEW BUSINESS. A. Proposal for the City to implement an IRS Section 125 Pre -Tax Plan (Cafeteria Plan) through American Family Life Insurance Flex Plan - Ron Wheeler, AFLAC Agent (Exhibit 4). • Page -5- Ron Wheeler, AFLAC, suggesting to city that you adopt a cafeteria plan, allows employees to pre tax premiums for additional insurance or family coverage, 25% savings approx, no cost to city, assist in documentation, IRS form that has to be done, we do form, prepare it, you sign it. Watford - additional types of insurance that the employee can purchase, Ron - yes, health for family, pre tax, then it would save them a considerable amount of money. Kirk - we're not changing insurance company. Ron - you are not, there are several insurance companies involved. Watford - family plan BCBS pay for it before taxes, Ron - deduct cost of insurance before taxes are figured Watford - why Ron - free's up money to buy supplemental insurance which is where we benefit. Watford - any idea of enough employees? Ron - doesn't matter, employee's have to elect to do it, formal election, IRS says no discrimination, everyone can participate, Watford - have to purchase additional insurance. Ron - no. Some employees who are on other insurance, spouses will not benefit. Watford - complicate withholding? Lola - can't see where, we do it this already with the retirement. Watford - expect hardship on you? Lola - no. Kirk - can't see why we shouldn't do it. Watford - no high pressure?I Ron - no. other cities, Pahokee, Belle Glade, Clewiston Bill - contacted BCBS rep no problems, thought it was a good idea Council Member Watford moved to implement an IRS section 125 pre tax cafeteria plan through American Family Life Insurance Flex Plan; seconded by Council Member Chandler Watford - assume okay to do it w/out proposals Markham - not spending any money. Watford - other companies that might do this, don't see it as a problem. Oliver - seems like we're doing it quick Watford - I know they are a well known company, all products through AFLAC? Ron - yes. Current insurance companies, don't have to be AFLAC to come under this. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. B. Council Member Watford moved to approve an Interlocal Agreement between the City and Capital Project Finance Authority regarding the Industrial Revenue Bonds for the Sheffield Project - City Administrator (Exhibit 5); seconded by Council Member Markham. Bill - bonding company for Sheffield, holds the city harmless, spells out the parties and how we will proceed. Watford - why is the city clerk of Moore Haven to be notified? Cook - City of Moore haven obtained a large bonding company and they have been doing this for other cities. Page -6- Watford - revenue source for them. Doesn't make us liable, not guaranteeing this, not on the hook. Cook - not obligated to pay or issue bonds, Sheffield filed a hold harmless agreement with this, and is in this document. Watford - confused why we have to be in this, have this, if its' Sheffield borrowing the money, it's like if I go borrow money and have john q public's say it's ok. Markham - is it because the land they are using is ours? Cook - no land, capital projects authority by FI Statues, ability to perform certain bonds, have to team with city acquire authority to obtain certain bonds. Watford - as long as we aren't liable Cook - bottom of page 3, harmless paragraph. Other documents that will follow this, section 11, page 5 additional zoning permitting, site plan a whole slue of hoops Sheffield has to jump through, this just gets the ball rolling. Kirk - if this proceeds, and then runs into a problem and for whatever reasons, bonds were not paid back, and then pursued for collection, is the city held responsible? Cook - no entirely, pretty good stand. Capital projects is the fund administrator, don't doll out money under loan agreement, dolled out as project progresses Watford - do you know of or have knowledge of, other bonds capital projects. Cook - no, must told there are other projects can look into them Kirk - other documents come back to us. Cook - approval and signature no, we're not assuming money and no liable to pay anyone back. Watford - how did we get this, spoken with them Bill - very briefly, came to us, from bond underwriter to the city, spoke with bonding company spoke very favorable of the fund ability of the project. Kirk - my only concern is the city being held labile Cook - not intent of agreement, other documents that tie all this in together, Watford doesn't obligate us, connect us in a financial way, NO, then we'd have to agree to or sign something else if we were. Cook - Correct. Kirk - something went wrong, Sheffield is liable not city Cook - Sheffield will have to have the financial ability to handle it. Worse case Sheffield files bankruptcy, plant is half finished, no money to pay bond. Markham - insurance for that type of situation? Cook - if they proceed with the project will be bonded like all capital projects Watford, page 3, ii bond shall not constitute a debt, Cook - that is from Capital and they are who leans money, Watford they're loaning it, Markham Kirk - comfortable with it at this time. KIRK - yea CHANDLER -yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. C.1. a) Council Member Oliver to read by title only and set October 3, 2000 as the public hearing date for proposed Ordinance No. 758, establishing a law enforcement trust fund -City Attorney (Exhibit 6); seconded by Council Member Markham b) Vote on motion. Page -7- KIRK - yea CHANDLER- yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 758 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF ORDINANCE NO. 758, CITY OF OKEECHOBEE, FLORIDA; ORSUCH FUNDS OBTAINEDTHROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 758;, seconded by Council Member Oliver b) Discussion. Cook - recall ord being enacted, car is obtained by stop, inventoried, locked up, ties up officer, Chap 932 forfeiture which contraband found, never done because we didn't' have this before, getting with chief and captain, funds raised through administrative fees, establishes fund, gets moneythen those funds are earmarked and kept separate ledger and accounts, strict guidelines for spending funds by FS, some collected and not be FS, broader, any forfeiture has to go through FS process, Administrative Fees $5000 per quarter by Chief. Correct number in title. Markham - add anything to this ordinance? Cook -any time Markham - Administrator knowthey are going to spend this money, not that he is approving it, but for knowledge of it, he should know it's being spent. Kirk - no problem with that. Watford, number section? Yes. Admin Fee Chief can spend. City Council approves other. Page 2 donation of (b) refers to 15 percent above? Yes. c) Vote on motion. KIRK - yea CHANDLER -yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. D.1. a) Council Member Watford moved to read by title only and set October 3, 2000 as the public hearing date for proposed Ordinance No. 759, regarding Enforcementof Nuisances within the City- City Attorney (Exhibit 7); seconded by Council Member Markham • • b) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. c) CityAttorneyto read proposed Ordinance No. 759 bytitle only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.611, AS AMENDED, HEALTH AND BEAUTIFICATION; CODE OF ORDINANCES SECTION 8-10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNER COMPLIANCE AND REMEDIES FOR FAILURE TO COMPLY; CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to approve the first reading of proposed Ordinance No. 759; seconded by Council Member Oliver. b) Discussion. Cook - issue at last code enforcement board meeting, go on property, abate nuisance, looked at county ordinance, added few things, permits code officer to inspect property and approach administrator about going in, current one clean up exceeds price of property, in the event it's the type of situation that is cost prohibited, land sold or mortgage, lien have to be satisfied, Kirk - use our people. Yes. Oliver - how far down on lien? Cook - county ord said it's equal to property taxes, used that language, hasn't been tested in court yet. Kirk lien on property it still has to be satisfied Cook - utility lien jump ahead of bank mortgages, still has to be paid, (TAPE 2 SIDE A) Kirk - use own people, their time and equipment charged. Cook - more flexible Watford - code board has to say its in violation first. Officer couldn'tjust say it has to be. Cook - only exception is emergency situations. Watford - that's on the books, Kirk - don't want code officer to have that responsibility Watford - and land owner to come and defend position. Kirk - what's been said I think it's good. c) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. E. Bill - we need authorization to proceed, just found out about the grant, Council Member Watford moved to authorize the filing of a Community Development Block Grant Application and authorize the Page -9- Mayor to act as the official representative of the City in connection with the application - Police Chief/City Administrator; seconded by Council Member Oliver VOTE: KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. F.1. a) Council Member Oliver moved to adopt proposed Resolution No. 00-6 regarding Fixed Asset Records of the City - City Administrator (Exhibit 8);seconded by Council Member Watford . b) City Attorney to read proposed Resolution No.. 00-6 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE SUMMARIZATION OF ALL PROPERTY OWNED WITH ORIGINAL COST OF SEVEN HUNDRED FIFTY DOLLARS ($750.00) OR MORE AND ECONOMIC LIFE EXCEEDING ONE YEAR. THE INFORMATION DEVELOPED TO INCLUDE (A) REAL PROPERTY BASED UPON DEED RECORDS, SCHEDULING COST (WHERE AVAILABLE) AND INSURANCE VALUES AS ASSIGNED BY INDIVIDUAL PARCEL AND BUILDING, AND (B) A COMPREHENSIVE LIST OF TANGIBLE MOVEABLE PROPERTY WITH COST (WHERE AVAILABLE) AND ASSIGNED VALUES AS PREPARED BY EACH CITY OF OKEECHOBEE DEPARTMENT. SUCH LIST TO BE COMPARED TO THE EXISTING ASSET RECORDS. Bill - this is an attempt to clear up the issue with the auditors for the city's assessed values and this is a legal requirement that you authorize us to use these figures so that staff can get this project behind us, Watford - like an inventory? Bill - yes, puts a procedure in place. c) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. IX. PUBLIC HEARING FOR ORDINANCE ADOPTION. Mayor Kirk Reconvened the public hearing at 6:06 p.m. A. 2. a) Council Member Watford moved to adopt proposed Ordinance No. 753; seconded by Council Member Oliver. b) Public discussion and comments. LaRue gives history of EAR. DCA had 3 objections, well field protection, concerned that you have dates, time periods date of map, budget you have, capital improvements, mesh those in and take some out, admin goes for grants, get extra points, Page -10- objected to failed to address very low and low income housing, given definitions, and that will be included, same as ship program, consistency with state elements, catch 22, will read to you definition on housing, page 5 housing element, policy 1.9, coordinate the admin work with me on the capital improvement projects Watford- we will get a new booklet with revisions LaRue - after they review and in compliance, merge comp plan with new policies, Watford - what we have are the changes? LaRue - you transmitted and had changes, next little changes all will be merged. Oliver - how long good for? LaRue - basically 5 to 7 years, there may be amendments you may wish to make it, 2 times a year to make amendments, text or map more than 10 acres Cook - plus may abolish growth management law. Watford - feel like Future Land Use Map fairly accurate LaRue - needs changing, feel comfortable we can do it when your ready, Watford - prudent to ask planning board to look at map LaRue - yes Land Planning Agency Watford - corrected most of the mistakes? LaRue - there are probably some Markham - there are some areas, LaRue - time when you can, put it before LPA Watford - know of certain areas that need to be looked at Markham - CCBG goes up and down around property, some res and commercial, spend money on change and sitting on commercial area. Watford- no right way to do it. Page 1 Utility authority c) Vote on motion. KIRK - yea CHANDLER - yea MARKHAM - yea OLIVER - yea WATFORD - yea MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor 6:18 pm Mayor Kirk noted that Mr. Juarez had not arrived, he then instructed Deputy Clerk to invite him to next employee luncheon, on the house and they will present him his certificate of retirement then. A. ADJOURN MEETING - Mayor 6:23 p.m. The Okiwobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily Public Motice 00I STATE OF FLORIDA j; , iO P H rt COUNTY OF OKEECHOBEE BEEE OR CRY OF OKEECHOBEE FLORIDA KEEL Before the undersigned authority personally appeared Judy Kasten, who on oath ;; wee ceyE6Council � continue says she is Publisher of the Okeechobee News, a DAILY Newspaper published in Into its mina" scheduled mednp lm- t _mediatey Wilowing t¢a advertised Pub-' Okeechobee, in Okeechobee County, Florida;, that the attached copy of advertisement, 9c 9ud Heart rqs or 5:01 P.M. ori. I.,Septen being a A j i I er,5.20jar offn°nitforttre 2C0dUy0Council4s 6:oo o.m. and win le \V� sumo at that time or tlia SeOlember process is completed. aI Invited in the matter of ' � � mew 01 the public am and encou�� to attend. in sold meet- �N9g. pEEASE�TAKE'.NOiICE AND BE � /� %l d- 1/t/L.L�/� ``AOVISEO that K airy person desires to appeal airy decision made by the City in the 19th Judicial District of the Circuit Court of Okeechobee C nt Florida, was y council wah respect to any matter con- sideied at this hearing, such interested published in said Newspape in Pe Issues of /1 person w1n need a record or die Pro- and for such mhe f llL1 —/ records need to ensure a verbatim record of the need e record Afflant further says that the said Ok echobee News is a newspaper published at I clu�des me t�estimonyagwd which upar � i LwhichtheappealIStobebased." - Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- In accordance with the Americans with Disabilities -Act (ADA) and Florida stat- fore been published continuously in said Okeechobee County, Florida each week and has ute 286.26, persons with. disabilities : -neeav specie accommodation to par- been entered as second class mail matter at the post office in Okeechobee, in said `wpate in this proceedin should con - `+tact, Bonnie Thomas no pater than two Okeechobee County, Florida, for a period of one year next preceding the first publication . (2) workf da priorto the proceeding ates3-769,.332><.z15.for assistance; i of the attached co of advertisement; and affiant further says that she has neither aid PY Y p it hearing i impaired, telephone the Florida seta Service Numberi-800- ! 995-8771 (Yroo) or 1-M 9s5-a700 nor promised any person, firm or corporation any discount, rebate, commission or refund �VDICE for assistance ' 1, i CMc CITY for the u ose of securin advertisement for publication in the said newspaper. rP PCLERK BONNI S. THOMAS, `r ... 113459 ON 8/31.9(14/00 r 'J S o and subscribed before me this 114-'day of "t j- :Tinr� r;;rt• ,_ A D. ,•��Y�% Karmen brown Commission # CC 902300 M'7 ^ Expires Jan. 17, 2004 Notary Public, State Florida Large Bonded Thru of at nF •- �� .,, Atlantic Bonding Co., Inc. CITY OF OKEECHOBEE SEPTEMBER 19, 2000 FINAL BUDGET HEARING AND REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER - Mayor: September 19, 2000, City Council Regular Meeting, 5:01 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Kevin Simms Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas • Deputy Clerk S. Lane Gamiotea IV. PRESENTATION OF CERTIFICATE - Mayor. A. Present a Certificate of Retirement to Amado Juarez, Sr. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 5, 2000 Regular Meeting. SEPTEMBER 19, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 5 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Register for the month of August, 2000: General Fund ................................ $272,996.51 Emergency and Disaster Relief Fund ................. $5,951.88 Public Facilities Improvement Fund ................. $72,450.86 VII. AGENDA - Mayor. • A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES - Mayor. A. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 2000-2001. B. Mayor announces that the proposed millage rate levy represents 8.50% more than the roll back rate computed pursuant to Florida Statute Section 200.065(1). C. 1. a) Motion to read by title only proposed Ordinance No. 755 levying a millage rate for the General Fund Budget - City Attorney (Exhibit 1). • b) Vote on motion. c) City Attorney to read proposed Ordinance No. 755 by title only. 2. a) Motion to adopt proposed Ordinance No. 755. b) Public discussion and comments. c) Re -computation of millage rate (if required). d) Vote on motion. SEPTEMBER 19, 2000 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VIII. PUBLIC HEARING FOR THE FINAL READING OF BUDGET ORDINANCES CONTINUED. D. 1. a) Motion to read by title only proposed Ordinance No. 756 establishing the revenues and expenditures for the General Fund Budget - City Attorney (Exhibit 2). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 756 by title only. 2. a) Motion to adopt proposed Ordinance No. 756. b) Public discussion and comments. c) Vote on motion. CLOSE BUDGET PUBLIC HEARING - Mayor. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1 a) Motion to read by title only proposed Ordinance No. 753 adopting the Comprehensive Plan Evaluation and Appraisal Report - City Planning Consultant (Exhibit 3). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 753 by title only. 2. a) Motion to adopt proposed Ordinance No. 753. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. SEPTEMBER 19, 2000 - CITY COUNCIL AGENDA - PAGE 4 of 5 X. NEW BUSINESS. A. Proposal for the City to implement an IRS Section 125 Pre -Tax Plan (Cafeteria Plan) through American Family Life Insurance Flex Plan - Ron Wheeler, AFLAC Agent (Exhibit 4). B. Motion to approve an Interlocal Agreement between the City and Capital Project Finance Authority regarding the Industrial Revenue Bonds for the Sheffield Project - City Administrator (Exhibit 5). C. 1. a) Motion to read by title only and set October 3, 2000 as the public hearing date for proposed Ordinance No. 758, establishing a law enforcement trust fund - City Attorney (Exhibit 6). • b) Vote on motion. C) City Attorney to read proposed Ordinance No. 758 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 758. b) Discussion. C) Vote on motion. D. 1. a) Motion to read by title only and set October 3, 2000 as the public hearing date for proposed Ordinance No. 759, regarding Enforcement of Nuisances within the City - City Attorney (Exhibit 7). 40 b) Vote on motion. C) City Attorney to read proposed Ordinance No. 759 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 759. b) Discussion. C) Vote on motion. SEPTEMBER 19, 2000 - CITY COUNCIL AGENDA - PAGE 5OF $ X. NEW BUSINESS CONTINUED. E. Motion to authorize the filing of a Community Development Block Grant Application and authorize the Mayor to act as the official representative of the City in connection with the application - Police Chief/ City Administrator. F. 1. a) Motion to adopt proposed Resolution No. 00-6 regarding Fixed Asset Records of the City - City Administrator (Exhibit 8). b) City Attorney to read proposed Resolution No. 00-6 by title only. • c) Vote on motion. XI. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. is • • • • A, OF ' OK�FO o 1915 City of Okeechobee Office of the City Clerk September 12, 2000 Mr. Amado S. Juarez, Sr. Post Office Box 115 Okeechobee, Florida 34973-0115 Dear Mr. Juarez: The Mayor and City Council request the pleasure of your presence at the City Council meeting of Tuesday, September 19, 2000, for the purpose of recognizing your contribution to the City. The meeting begins at 5:01 p.m. and your presentation will be one of the first items on the agenda. Sincerely, Bonnie S. Thomas, CIVIC City Clerk/Personnel Administrator BST/Ig cc: Bill Veach, Administrator City Council 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 • • EXHIBIT 1 SEPT 19 AGENDA ORDINANCE NO. 755 AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 5.9399 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 5.9399 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 8.50% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section 1: The City Council of the City of Okeechobee, Florida hereby levies a tax of 5.9399 per thousand dollar valuation on all real and personal property within the corporate limits of said City, provided however, that 5.9399 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead on the general laws of the State of Florida. Section 2: That as designated in Section 1, hereof, 5.9399 per thousand dollar valuation shall be used for general City purposes in carrying on and conducting the government of said City. Section 3: The millage rate adopted is 8.50% over the roll -back rate as computed in accordance with Florida Statutes Section 200.065 (1). Section 4: That this ordinance was proposed, considered and adopted under the provisions of Florida Statutes Chapter 166 and Section 200.065. Section 5: This ordinance shall take effect October 1, 2000. Introduced for first reading and public hearing on the 5T" day of September, 2000. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, CITY CLERK Adopted after second reading and public hearing on the 191h day of September, 2000. ATTEST: BONNIE THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JAMES E. KIRK, MAYOR JOHN R. COOK, CITY ATTORNEY Page 1 of 1 The Okeechobee News NOTICE OF PUBLIC HEARING P.O. Box 639, Okeechobee, Florida 34973 CITY OF OKEECHOBEE, FLORIDA (863) 763-3134 PLEASE TAKE NOTICE that the City Council of Okeechobee, Florida will on 19, 2000 at 5:01 Tuesday, September p.m., or as soon thereafter as possible, Published Daily at the Coy Hall Building located at 55 SE 3rd Ave, Okeechobee, FL conduct a I PUBLIC HEARING on and thereafter STATE OF FLORIDA consider final reading of the following Ordinance: No. 755. AN ORDINANCE LEVYING A MILLAGE RATE WHICH COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath g Y P Y PP Y RATE IS SET ON ALL REAL AND PER - SONAL PROPERTY; PROVIDING THAT 5.9399 PER THOUSAND DOLLAR VAL- says she is Publisher of the Okeechobee News, a DAILY Newspaper published in UATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT Okeechobee, in Okeechobee County, Florida; that th attached copy of advertisement, 5.9399 PER THOUSAND DOLLAR VAL. UATION USED FOR GENER- being a AL CITY PURPOSES; THAT SAID MIL - LAGS RATE IS MORE THAN THE ROLLBACK RATEATE COMPUTED IN AC- CORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING AN EFFEC- in the mailer of Wu TIDATE. All members of the public are requested in the 191h Judicial istrict of t Circuit Court of Okeechobee County, Florida, was to attend and participate in said heannge Said proposed Ordinance may bthe spected by members of the public in the published in said News aper in the i sues of Office o1 the Coy Clerk located m the City Hall Building during regular busi- ness hours, Mon -Fri, 8am-4:30pm, ex- cept for holidays. Affiant further ays hat the said Okeechobee News. is a newspaper published at PLEASE TAKE NOTICE AND BE AD- VISED that it any person desires to ap- Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- peal any decision made by the City Council with respect to any matter con - fore been published continuously in said Okeechobee County, Florida each week and has sidered at this hearing, such interested the - been entered as second class mail matter at the post office in Okeechobee, in said persons will need a record of pro ceedings. and for such purpose may Okeechobee County, Florida, for a period of one year next preceding the first publication need to ensure a verbatim record of the proceedings is made, which record in - of the attached copy of advertisement; and affiant further says that she has neither paid cludes the t stimony and evidence upon which the Weal is to be based. nor promised any person, firm or corporation any discount, rebate, commission or refund in accordance siith the Americans with for the of securing is vertisement for publication in the said newspaper. Stat- Disabilities , (ADA) and Florida Stat- ute 2lities persons with disabilities �uose y needing special accommodation par- ticipate in this proceeding should con- _ tact Bonnie Thomas no later than two (2) working days prior to the proceeding SW and subscribed before me this day Of brown at 8eaiin 3-3372 x red, far assistance, it hearing9 is impaired, call TOO 863- Service armen P A.D. Commission # CC 902300 534-7777, or Florida Relay 1800-995-9770. Expires Jan. 17, 2004 BONNIE S. THOMAS, CMC, CITY CLERK ,1j�r..� Notary Public, State of Florida at Large 'n,p�,j..�` AtlBonded Thru antic Bonding Co., Inc. Fawn - no a amn • • It , • • EXHIBIT 2 - SEPT 19 AGENDA ORDINANCE NO. 756 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF 111"W 4ND EXPENDITURES OF LEAVING A FUND $3 553 383.00- UBLIC F ILITI S IMPROVEMENT FUND REVENUES OF AND EXPENDITURES OF $595,204.00 LEAVING A FUND BAL 1261.00; DEBT SERVICE REVENUES OF $249,285.00 AND EXPENDITURES OF $199,365.00 LEAVING A FUND BALANCE OF $49,920.00 LAW ENFORCEMENT SPECIAL FUND REVENUES OF $25,217.00 AND EXPENDITURES OF $-0- LEAVING A FUND BALANCE OF 25,217.00 EMERGENCY AND DIS RELIEF REVENUESX AND EXPENDITURES OF LEAVING A FUND 0,619.00; PROVIDING AN "TIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section 1: The City Council of the City of Okeechobee, Florida, after having held a public hearing on the annual budget, including General Fund, Public Facilities Improvement Fund, Debt Service Fund, Law Enforcement Special Fund and Emergency and Disaster Relief Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the fiscal year beginning October 1, 2000 and ending September 30, 2001. GENERAL FUND Revenues Fund Balance Ad Valorem Taxes - 5.9399 Millage Other Taxes (Insurance Prem. Tax, Utility Taxes, Franchise Fees & occupational Licence Fee) Intergovernmental Revenue Charges for Current Services Fines, Forfeitures and Penalties Uses of Money and Property Other Revenues Operating Transfer -in from Public Facilities Total Revenues Expenditures Legislative Executive City Clerk Financial Services Legal Counsel General Governmental Services Law Enforcement Fire Protection Public Facilities Maintenance Total Expenditures Fund Balance PUBLIC FACILITIES IMPROVEMENT FUND Revenues Fund Balance Revenues $ 3,537,338.00 1,035,413.00 903, 969.00 824,111.00 256,300.00 33, 875.00 165,000.00 49,480.00 100,000.00 $6,905,486.00 $ 91,741.00 112,108.00 118,041.00 144, 895.00 48, 800.00 250, 581.00 1,141,879.00 782, 761.00 661,297.00 $ 3,352,103.00 $ 3,553,383.00 $ 925,965.00 308, 500.00 Page 1 of 3 t / I Total Revenues $ 1,234,465.00 Expenditures Operating Transfer -Out Total Expenditure Fund Balance DEBT SERVICE Revenues Fund Balance Revenues Total Revenues Total Expenditures Fund Balance EMERGENCY AND DISASTER RELIEF FUND Revenues Fund Balance Revenues Total Revenues Expenditures Operating Transfer -Out Total Expenditures Fund Balance LAW ENFORCEMENT SPECIAL FUND Revenues Fund Balance Revenues Total Revenues Total Expenditures $ 495,204.00 100,000.00 $ 595,204.00 $ 639,261.00 $ 49,585.00 199,700.00 $ 249,285.00 $ 199,365.00 $ 49,920.00 $ 545,619.00 15,000.00 $ 560,619.00 $ 500, 000.00 0.00 $ 500,000.00 $ 60,619.00 $ 20, 092.00 5,125.00 $ 25,217.00 E. Fund Balance $ 25,217.00 Section 2: That this ordinance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statutes. Section 3: This ordinance shall be effective October 1, 2000. Introduced for first reading and public hearing on the 5T" day of September, 2000. Page 2 of 3 s � „ JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, CITY CLERK Adopted after second reading and public hearing on the 191h day of September, 2000. ATTEST: BONNIE THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK, MAYOR Page 3 of 3 like VILOCUlkOtUtlls liewe P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published in Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a ^ A V"Oke' 14Jl-C/V` in the matter of A ._A�_ in the 19th Judicial District of t,�¢i Circuit Court of Okeechobee County, FUhda, was published in said Newspaper in theAsues of Affiant further's-#s that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing is dvertisement for publication in the said newspaper. and subscribed before me this Notary Public, State of Florida at Large ;ommiasion # CC 902300 Expires Jan. 17, 2004 Bonded Thru miantic Bonding Co., Inc. Tlic Nr NOTICE OF PUBLIC HEARING CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Flori- da will on Tuesday, September 19, 2000 at 5:01 p.m., or as soon thereafter as possible, at the City Hall Building lo- cated at 55 SE 3rd Ave, Okeechobee, FL conduct a PUBLIC HEARING on and thereafter consider final reading of the following Ordinance: No. 756. AN OR- DINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHO. BEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30. 2001: AL FUND REVENUES OF $5,905,486.00 AND EXPENDITURES OF $3,352,103.00 LEAVING A FUND BALANCE OF $3,553,383.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,234,465.00 AND EX- PENDITURES OF $595,204.00 LEAV- ING A FUND BALANCE OF $639,261.00; DEBT SERVICE REVE- NUES OF $249,285.D0 AND EXPENDI- TURES OF $199,365.00 LEAVING A FUND BALANCE OF $49,920.00 LAW ENFORCEMENT SPECIAL FUND REVE- NUES OF $25,217.00 AND EXPENDI- TURES OF $O LEAVING A FUND BAL- ANCE OF $25,217.00 EMERGENCY AND DISASTER RELIEF REVENUES OF $561.619.00 AND EXPENDITURES OF $50 ,000.00 LEAVING A FUND BAL- ANCE OF $60,619.00; PROVIDING AN EFFECTIVE DATE. All members of the public are requested to attend and participate in said hearing. Said proposed Ordinance may be in- spected by members of the public in the Office of the City Clerk located in the City Hall Building during regular busi- ness hours, Mon -Fri, 8am-4:30pm, ex- cept for holidays PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to ap- peal any decision made by the CRY Council with respect to any,mafter con- sidered at this hearing, such interested person will need a record of the pro- ceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disablfiies need- Bonnie Thomas no later than two (2) working days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TOD 863-534-7777, or Florida Relay Service 1-800-955-9770. BONNIE S. THOMAS, CMG, CITY CLERK 117251 -ON 9/8/00 40 • Motion to amend Ordinance No. 756: General Fund Revenues from $6,905,486.00 to $6,805,486.00 General Fund Expenditures from $3,352,103.00 to $3,418,641.00 Public Facilities Improvement Fund Revenues from $1,234,465.00 to $1,167,161.00 Emergency Disaster & Relief Fund Revenues from $560,619.00 to $627,401.00 Emergency Disaster & Relief Fund Expenditures from $500,000.00 to $627,401.00 And adding Community Development Block Grant Related Revenues of $5,000.00 and Expenditures of $5,000.00, Leaving a Fund Balance of $-0- Put I ORDINANCE NO. 756 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF oND EXPENDITURES OF �4 d1R Rd1 nn LEAVING A FUND BALANCE OF. $3,386,845.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1167 AND EXPENDITURES OF $595,204.00 LEAVING A FUND BALANCE 571,957.00; DEBT SERVICE REVENUES OF $249,285.00 AND EXPENDITURES OF $199,365.00 LEAVING A FUND BALANCE OF $49,920.00 LAW ENFORCEMENT SPECIAL FUND REVENUES OF $25,217.00 AND EXPENDITURES OF $-0- LEAVING A FUND BALANCE OF $25,217.00 EMERGENCY AND DISASTER RELIEF REVENUES OF AND EXPENDITURES OF LEAVING A FUND BALANCE OF $-0-; C MM11N1_ v n��i�r nnnnG�iT RI OGK LEAVING A FUND BALANCE OF $-0-; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section 1: The City Council of the City of Okeechobee, Florida, after having held a public hearing on the annual budget, including General Fund, Public Facilities Improvement Fund, Debt Service Fund, Law Enforcement Special Fund and Emergency and Disaster Relief Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the fiscal year beginning October 1, 2000 and ending September 30, 2001. GENERALFUND Revenues Fund Balance $ 3,437,338.00 Ad Valorem Taxes - 5.9399 Millage 1,097,278.00 Other Taxes (Insurance Prem. Tax, Utility Taxes, Franchise Fees & Occupational Licence Fee) 903,969.00 Intergovernmental Revenue 824,111.00 Charges for Current Services 256,300.00 Fines, Forfeitures and Penalties 33,875.00 Uses of Money and Property 165,000.00 Other Revenues 49,480.00 Operating Transfer -in from Public Facilities 100,000.00 Total Revenues $6,805,486.00 Expenditures Legislative $ 91,741.00 Executive 112,108.00 City Clerk 118,041.00 Financial Services 144,895.00 Legal Counsel 48,800.00 General Governmental Services 250,581.00 Law Enforcement 1,137,035.00 Fire Protection 782,761.00 Public Facilities Maintenance 661,297.00 Total Expenditures $ 3,418,641.00 Fund Balance $ 3,386,845.00 Page 1 of 3 PUBLIC FACILITIES IMPROVEMENT FUND Fund Balance $ 858,661.00 Revenues 308,500.00 Total Revenues $ 1,167,161.00 Expenditures $ 495,204.00 Operating Transfer -Out 100,000.00 Total Expenditure $ 595,204.00 Fund Balance $ 571,957.00 DEBT SERVICE Revenues Fund Balance $ 49,585.00 Revenues 199,700.00 Total Revenues $ 249,285.00 Total Expenditures $ 199,365.00 Fund Balance $ 49,920.00 EMERGENCY AND DISASTER RELIEF FUND Fund Balance $ 541,019.00 Revenues 15,000.00 Transfer -In General Fund 71,382.00 Total Revenues $ 627,401.00 Total Expenditures $ 627,401.00 Fund Balance $ 0.00 LAW ENFORCEMENT SPECIAL FUND Revenues Fund Balance $ 20,092.00 Revenues 5,125.00 Total Revenues $ 25,217.00 Total Expenditures $ 0.00 Fund Balance $ 25,217.00 CDBG GRANT FUND Revenues Fund Balance $ 5,000.00 Total Expenditures $ 5,000.00 Fund Balance $ 0.00 Page 2 of 3 Section 2: That this ordinance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statutes. Section 3: This ordinance shall be effective October 1, 2000. Introduced for first reading and public hearing on the 5'" day of September, 2000. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, CITY CLERK Adopted after second reading and public hearing on the 19th day of September, 2000. ATTEST: BONNIE THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK, MAYOR Page 3 of 3 ORDINANCE NO. 4 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING = -- SEPTEMBER 30,2001; WHICH BUDGET___ SETS FORTH GENERAL F NUES O AND EXPENDITURES O 1 `LEAVING A FUN_ D BALANCE O 6 8 - UB� FACILITIES IMPROVEMEMCE?f- NUES O ND E OF $595,204. LEAVING A FUND BALAN571957. . DEBT SER NUES O $249,28PAND EXPENDITURES OFF $199A UND BALANCE OF $49,9 0. LAW ENFORCEMENT SPECIAL F ND REVENUES OF $2 ,217� AND EXPENDITURES F -0- VING A FUND BALANCE MERGENCY ANS DISASTER REL VENUES ND EXPENDITURES OF LEAVING A FUND BALANCE OF $-0- EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section l : The City Council of the City of Okeechobee, Florida, after having held a public hearing on the amended annual budget, including General Fund, Public Facilities Improvement Fund, Debt Service Fund, Law Enforcement Special Fund and Emergency and Disaster Relief Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the fiscal year beginning October 1, 2000 and ending September 30, 2001. GENERAL FUND Revenues _ Fund Balance ($3 43.7� _,33 Ad Valorem Taxes - 6.2948 Millage 1 0 7,278278.E Other Taxes (Ins. Prem.Tax, Utility Taxes, Franchise Fees & Occ. Lic. Fee) 903,969. Intergovernmental Revenue 824,1 11. Charges for Current Services 256,300. Fines, Forfeitures and Penalties 33,875. Uses of Money and Property 165,000 Other Revenues 49,480. Operating Transfer -in from Public Facilities 100.000 Total Revenues 6,805,486 Expenditures Legislative $ 91,741. Executive 112,108, City Clerk 118,041. Financial Services 144,895, Legal Counsel 48,800. General Governmental Services 250,58j Law Enforcement �I,137,035.,, Fire Protection 782,761. Public Facilities Maintenance 661,297. Operating Tranafer-Out to Emergency & Disaster Relief Fund 71,382 Total Expenditures ` 4 Fund Balance �$3,386 8 PUBLIC FACILITIES IMPROVEMENT FUND Revenues Fund Balance 858,66E Revenues _308, 500. Total Revenues $1,167,161, Expenditures 495.204. Operating Transfer - Total Expenditure Fund Balance • 100, 000. $ 5 571,957, DEBT SERVICE Revenues Fund Balance Revenues Total Revenues Total Expenditures Fund Balance EMERGENCY AND DISASTER Revenues Fund Balance Revenues Transfer -In General Fund Total Revenues Expenditures Total Expenditures Fund Balance LAW ENFORCEMENT SPECIAL FUND Revenues Fund Balance Revenues Total Revenues Expenditures Fund Balance CDBG GRANT FUND Revenues Fund Balance Expenditures Total Expenditures Fund Balance $ 49,585 199,700 $ 249,285 $ 199,365 $ 49,920 $� 41,019 15,000 $ 627,401 �$�2Z� $ -0- $ 20,092 5,125 $ 25,217 $ -0- $ 25,217 $ 5,000. $ 5,000. $ -0- Section 2: That this ordinance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statues. Section 3: This ordinance shall be effective October 1, 2000. Introduced for first reading and public hearing on the 5th day of September, 2000. • JAMES E. KIRK MAYOR ATTEST: BONNIE THOMAS, CMC CITY CLERK Adopted after second reading and second public hearing on the 19th day of September, 2000, JAMES E. KIRK MAYOR ATTEST: BONNIE THOMAS, CMC CITY CLERK E PROPOSE-1-/D 13UDEiE---,-/,T SUMMARY FISCAL YEAR 10/1/2.000 TO 9/30/2.001 BUDGET SUMMARY FUNDING SOURCES General Fund Debt Service Fund Emergency & Disaster Relief Services Law Enforcement Special Fund Public Facilities Improvement Fund Cbdg Related Grant TOTAL FUNDING SOURCES EXPENDITURES Debt Service Fund Emergency & Disaster Relief Services Law Enforcement Special Fund Public Facilities Improvement Fund Cdbg Related Grant TOTAL EXPENDITURES GENERAL FUND a 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED 6,350,017 6,418,081 6,538,011 6,805,486 222,811 242,164 248,950 249,285 534,917 525,120 565,619 627,401 9,392 9,202 20,092 25,217 1,252,235 1,322,506 1,344,480 1,167,161 503,135 -0- 5,000 51000 8,872,507 8,517,073 8,722,152 8,879,550 3,1,843,833 3,199,433 3,100,673 3,418,641 197,436 199,365 199,365 199,365 -0- 148,500 24,600 627,401 -0- -0- -0- -0- 231,236 676,086 485,819 595,204 503,135 -0- -0- 5,000 3,820,412 4,223,384 3,810,457 4,845,611 Fund Balanc e, September 30 5,052,095 4,293,689 4,911,695 4,033,939 -1- n U GENERAL FUND TAXES: 311100 Ad Valorem Tax 5.9399 728,391 934,610 859,392 1,035,413 • TOTAL 728,391 934,610 859,392 1,035,413 OTHER FEES: 312510 Fire Insurance Premium Tax 52,949 38,000 60,079 50,000 312520 Casualty Ins. Prem. Tax (Police) 88,563 88,219 89,070 89,000 313100 Franchise - Electric 224,846 220,000 220,214 222,288 313200 Franchise - Telephone 7,933 7,000 7,541 7,541 313500 Franchise - Cable 19,495 16,000 18,841 18,841 313700 Franchise - Solid Waste 40,405 45,000 41,207 41,207 314100 Utility Tax - Electric 321,406 320,000 300,000 323,065 314200 Utility Tax - Telephone 77,457 70,000 74,161 74,161 314800 Utility Tax - Propane 21,069 18,000 19,364 19,364 319000 Public Service Fee 10,536 3,000 4,500 7,300 320000 Taxi Cab and Peddler Fees 56 500 500 500 321000 Prof. and Occ. License 51,241 40,000 41,000 48,212 • 321100 Bus., Prof., Occ. Reg. Fees 2,273 1,500 1,000 2,490 TOTAL 918,229 867,219 877,477 903,969 INTERGOVERNMENTAL REVENUES: 335110 Cigarette Tax (.02) 79,855 70,000 73,638 79,927 335121 SRS Cigarette Tax 111,928 112,000 116,384 112,129 335140 Mobile Home Licenses 4,933 3,000 2,500 4,651 335150 Alcoholic Revenue Licenses 2,079 1,000 1,500 2,138 335180 1/2 Cent Sales Tax 237,468 240,000 250,000 231,142 312600 1 Cent Sales Surtax 397,951 380,000 380,000 388,975 335230 Firefighters Supplement 600 600 600 600 338200 County Business Licenses 9,097 5,000 3,500 4,549 TOTAL 843,911 811,600 828,122 824,111 -2- 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED CHARGES FOR CURRENT SERVICES: 322000 Building & Inspection Fees 48,915 45,000 36,155 45,000 329000 Plan Review Fees 4,750 3,000 2,901 4,000 341200 Alley/Street Closing Fees 640 200 450 300 341300 Map Sales 58 20 600 400 341400 Photocopies 107 20 100 100 343401 Solid Waste Coll. Fees-Rsd. 202,348 192,000 210,535 206,500 TOTAL 256,818 240,240 250,741 256,300 FINES, FORFEITURES & PENALTIES: 351100 Court Fine 23,053 20,000 18,878 20,000 351200 Radio Comm. Fee 7,550 1,500 7,350 12,463 351300 Law Enforcement Education 529 125 200 300 351400 Investigation Cost Reimbursement 119 100 75 212 354100 Ordinance Violation Fines 1120 500 339 900 TOTAL 32,371 22,225 26,842 33,875 USES OF MONEY AND PROPERTY: 361100 Interest Earnings 180,469 140,000 160,000 160,000 364100 Surplus City Property 2,162 2,883 1,000 5,000 TOTAL 182,631 142,883 161,000 165,000 OTHER REVENUES: 334200 Public Safety Grant 6,945 -0- 6,972 7,000 343900 DOT Hwy Maint. Contract 28,880 28,880 28,880 28,880 344900 CSX Railroad Maint. Contract 3,450 4,600 4,600 4,600 369300 Refund of Prior Year Expd. 2,009 500 1,900 4,000 369500 Police Accident Reports 502 400 500 500 369100 Miscellaneous 4,736 5,000 30,173 4,500 TOTAL 46,522 39,380 73,025 49,480 -3- 0 • OPERATING TRANSFEER-IN 389000 Public Facilities Improvement Fund 389100 Emergency and Disaster Relief Fd TOTA TOTAL REVENUES AND OTHER FUNDING SOURCES TOTAL PROPOSED REVENUES AND BALANCES DEDUCT EXPENDITURES LEGISLATIVE EXECUTIVE CITY CLERK FINANCIAL SERVICES LEGAL COUNCIL GENERAL SERVICES LAW ENFORCEMENT FIRE PROTECTION ROAD AND STREET FACILITIES EXPENDITURES OPERATING TRANSFER -OUT 91000 EMERGENCY & DISASTER RELIEF TOTAL EXPENDITURES FUND BALANCE, SEPTEMBER 30 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED -0- 100,000 -0- 100,000 -0- 55,000 -0- -0- -0- 155,000 -0- 100,000 3,008,873 3,213,157 3,076,599 3,368,148 6,350,017 6,418,081 6,538,011 6,805,486 74,272 66,632 64,444 91,741 87,096 108,333 102,264 112,108 118,693 102,433 93,426 118,041 116,324 131,530 136,426 144,895 24,027 42,800 30,892 48,800 154,246 238,703 218,414 250,581 1,032,393 1,105,089 1,116,636 1,137,035 647,360 750,174 732,423 782,761 634,194 653,739 605,748 661,297 2,888,605 3,199,433 3,100,673 3,347,259 -0- -0- -0- 71,382 2,888,605 3,199,433 3,100,673 3,418,641 3,461,412 3,218,648 3,437,338 3,386,845 -4- u • Fund Balance, October 1 ADD REVENUES: 311110 Debt Service Ad Valorem 3 124 10 Local Option Gas Tax 361100 Interest Earned REVENUES TOTAL REVENUES AVAILABLE DEDUCT EXPENDITURES: 7100 Principal 7200 Interest 7300 Other Debt Costs TOTAL EXPENDITURES Fund Balance, September 30 GENERAL FUND 1998-99 ACTUAL 32,621 69 189,600 521 190,190 222,811 144,147 53,289 -0- 197,436 —15J75 1999-00 BUDGET 18,695 -0- 223,169 242,164 151,767 47,598 -0- 199,365 42,799 -5- 1999-00 ESTIMATE 25,375 6 223,169 400 223,575 248,950 151,664 47,701 -0- 199,365 49,585 2000-01 PROPOSED 49,585 -0- 199,400 300 199,700 249,285 159,964 39,401 -0- 199,365 49,920 • 11 di"Plft 0 ----- Fund Balance, October 1 ADD REVENUES: 361100 Interest Earnings 369100Miscellaneous REVENUES OPERATING TRANSFER -IN 389000 General Fund TOTAL REVENUES AND OTHER FUNDING SOURCE DEDUCT EXPENDITURES: Operating Expenses OPERATING TRANSFER -OUT General Fund TOTAL EXPENDITURES Fund Balance, September 30 CITY ADMINISTRATION 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED • 510,679 510,120 534,917 541,019 24,238 15,000 30,702 15,000 -0- -0- -0- -0- 24,238 15,000 30,702 15,000 -0- -0- -0- 71,382 534,917 525,120 565,619 627,401 • -0- 93,500 24,600 627,401 -0- 55,000 —0- -0- -0- 148,500 24,600 627,401 534,917 376,620 541,019 -0- -6- Fund Balance, October 1 ADD REVENUES: 351200 Confiscated Property 361100 Interest Earnings TOTAL REVENUES AVAILABLE DEDUCT EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Fund Balance, September 30 POLICE DEPARTMENT 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED 2747 9,077 9,392 209092 6510 -0- 10,300 5,000 135 125 400 125 9,392 9,202 20,092 25,217 -0- -0- -0- -0- -0- -0- -0- -0- 9,392 —ij-02- 0 0 25.217 -7- PUBLIC WORKS 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED Fund Balance, October 1 955,765 973,206 1,020,999 858,661 REVENUES: 312410 Local Option Gas Tax 191,516 200,000 173,007 210,000 334390 FRDAP Grant -0- 50,000 50,000 -0- 335122 SRS Eight -cent Motor Fuel 64,087 57,000 60,000 57,000 312420 Local Alter. Fuel User Fee 200 -0- 100 335410 Motor Fuel Tax Rebate 1,563 2,000 1,611 1,300 361100 Interest Earnings 37,111 40,000 38,863 40,000 369100 Miscellaneous 2,193 100 -0- 100 TOTAL 296,470 349,300 323,481 308,500 TOTAL REVENUES AVAILABLE 1,252,235 1,322,506 1,344,480 1,167,161 EXPENDITURES: Operating Expenses 231,236 576,086 485,819 495,204 OPERATING TRANSFER -OUT General Fund -0- 100,000 -0- 100,000 TOTAL EXPENSES 231,236 676,086 485,819 595,204 Fund Balance, September 30 1,020,999 646,420 858,661 571,957 -8- E Fund Balance, October 1 REVENUES: 331320 CDBG Grant 369100 Miscellaneous TOTAL REVENUES AVAILABLE EXPENDITURES: Operating Expenses TOTAL Total EXPENDITURE Fund Balance, September PUBLIC WORKS 1998-99 1999-00 1999-00 2000-01 ACTUAL BUDGET ESTIMATE PROPOSED 3,422 -0- -0- 5,000 499,713 -0- -0- -0- -0- -0- 5,000 -0- 503,135 -0- 5,000 5,000 503,135 -0- -0- 5,000 503,135 -0- -0- -0- -0- -0- 000 -0- In E • • Ezh�ai} 3~ yp+ IQ nqW#- Response to Objections, Recommendations, and Comments for the City of Okeechobee I. A. Amendment 00-IER Consistency with Chapter 163, Part II, Florida Statutes (F.S.) and Rule 9J-5, Florida Administrative Code (F.A.C.) Future Land Use Element Objection 1: Although Policy 7.3 addresses future wellfield protection areas, a policy is not included that provides for the protection of existing potable water wellfields; therefore, the seven (7) existing wells in the City that are utilized by the Okeechobee Utility Authority are not provided protection from potential pollutants. Response: Policies have been added to ensure the protection of potable wellfields. Policy 7.4: The South Florida Water Management District has established limits and boundaries ofpublic potable water wellfields, cones of influence and groundwater aquifer recharge areas. AU land use proposed for development within one-half mile of M well designated as a potable water well is to be reviewed as a Special Exception in order to determine impact on groundwater resources fromthe proposed use and specific development Such review shall address, but is not limited to, restrictions on land uses which involve pollutants and/or restrictions on handling and storage of hazardous/toxic materials in order to minimize the opportunity for contamination The City of Okeechobee shall continue to monitor and implement programs to protect groundwater quality and eliminate potential sources of contamination. This shall be made measurable by iMplementing and enforcing the following policies: Policy 7.5a: The City's land development reglations shall designate a protection area of 1,000 feet in radius from each public potable water well as the wellfield protection zone. The first 300 foot radius closest to the well shall be a zone of exclusion, where no development activities shall be permitted except that relate with water supply provision. Within the remainder of the zone of protection land uses shall be regulated to prohibit the following: Response to Objections, Recommendations, and City of0keechobee, Florida Comments Report from the Department of Date: September 19, 2000 Community Affairs 1 a) Landfills; Activities that require the storage, use or transportation of restricted substances the Resource Conservation and Recovery Act's or the Environmental Protection Agency's hazardous wastes lists (including, but not limited to, landfills, gasoline stationed petroleum storage, and pesticide storage and handling, c) Feedlots or other commercial animal facilities• Wastewater treatment plants and their ancillary facilities, e) Mines; and, Excavation of borrow pits, waterways or drainage facilities which intersect the water table. Policy7.5b: The City shall amend its Wellhead Protection Program in the Unified Land Development Code which at a minimum, shall establish the following: a) The zone of contribution for all public potable water Supply wells delineated on the United States Geological Suryey(USGS) topographic quad sheets, Regulations which prohibit potentially high risk land uses from the established zones of influence such as, but not limited to manufacturing and storage of hazardous waste and industrial land uses; cc) Monitoring programs and procedures to mitigate adverse impacts if detected for existing high risk land uses, Land use and development regulations including open dace and impervious surface requirements, which protect the function of natural drainage features and natural groundwater aquifer recharge areas, and, ee) The location of drainage wells, delineated on USGS topographic quad sheets, maintained by the QUA that could have adverse impacts on groundwater. Response to Objections, Recommendations, and City of Okeechobee, Florida Comments Report from the Department of Date: September 19, 2000 Community Affairs 2 • Policy.5c: The City shall work with the SFWMD, QUA and COE to ensure that adequate water is available to meet projected agriculture and population needs. Policy 7.5d: The City shall work with the SFV;TM and the QUA to identify new water sources in the City. Policy 7.5 e: Adopt measures that efficiently uses the existing water supply a) Increasing agricultural and urban water conservation, h) Eliminating inefficient water use practices, and, c) Working with the SFWMD and QUA to identify specific projects and cost -sharing partnerships with other local governments. A.1 FL UM Series and Planning Tim eframe Objection 2: The EAR indicated a new planning time -frame of 2010. The FLUM has not been revised to reflect the new 2010 planning timeframe. Also, the Future Land Use Map is not supported by data and analysis identifying the amount of land needed to support the projected population of the City for 2010 and coordinated with the analysis ofvacant land available in the City. One of the main purposes of the EAR is to update the plan to establish a new planning timeframe. Response: The Future Land Use Map has been revised to reflect the newplanning timeframe. B. Capital Improvements Element Objection 3: A Schedule of Capital Improvements is not included in the proposed amendment package. Response: The City has revised the Amendment to include a Schedule of Capital Improvements. H. The Department Provides the Following Comments: A. Future Land Use Element Comment 1: The City's EAR analyzed the effect of annexations on urban sprawl and identified the inclusion of indicators of urban sprawl as a policy to be adopted as part of the EAR -based amendments. The City did not include a policy that includes indicators for urban sprawl and that specifies how the City will apply the indicators to limit urban sprawl. Response to Objections, Recommendations, and City of Okeechobee, Florida Comments Report from the Department of Date: September 19, 2000 Community Affairs 3 C� J u Response: This City has included policies that include indicators for urban sprawl and how the City will limit urban sprawl. Objective 12: By the year 2002, the Unified Land Development Code shall be revised to specifically encourage redevelopment, infill development, compatibili with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl, as provided in the following_ policies: Policy 12.1: Criteria, standards, and related provisions established in the Land Development Code for reducing the impacts from any land uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: a) Regulate the subdivision and platting of land. Regulate the use, intensity and location of land development in a manner that is compatible with adjacent land uses and provides delineation in the Conservation Element. c) Protect Conservation Use lands designated on the Future Land Use Map and those delineated in the Conservation Element. Regulate areas subject to seasonal and periodic flooding by requiring adequate drainage and stormwater. ee) Ensure safe and convenient on -site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regWations. Ensure that public facility, utWty and service authorization has been procured prior to issuingy development order and that construction of said facilities, utilities, and services is concurrent with development. g) Provide that development orders and permits shall not be issued which result in a reduction of the level of services for affected public (community facilities. The purpose of such regulations shall be to eliminate or reduce use inconsistent with the character of the surrounding Response to Objections, Recommendations, and City of Okeechobee, Florida Comments Report from the Department of Date: September 19, 2000 Community Affairs 4 Such criteria, standards, and related provisions shall not cause undue hardship, economic or otherwise, to the owners of such nonconforming uses. R Traffic Circulation Element Comment 2: The Future Traffic Circulation Map is not dated; therefore, does not reflect the 2010 planning timeframe. Response: The Future Traffic Circulation Map has been revised to reflect the 2010 planning timeframe. C. Housing Element Comment 3: The City did not include a definition for very -low income households, as identified in the City's EAR, nor an objective, with associated policies, regarding adequate sites for housing to include very -low-income households. In addition, a policy is not proposed regarding the utilization of job training to address affordable housing that was also identified in the EAR - Response: The City has revised the Comprehensive Plan to include a definition of very -low income households, as well as, added an Objective and corresponding policies to address sites for very -low-income households. Vert/ -low income household means one or more natural persons or a fap&, not including students, the total annual adjusted gross household income of which does not exceed 50% of the median annual adjusted gross income for households within the state, or 50% of the median annual adjusted gross income for households within the metropolitan statistical area, or, ifnot within a metropolitan statistical area, within the county in which the person of family resides, or whichever is greater. Policy 1.9: For purposes of defining housing for very -low, low and moderate income households the following will apply: Very low income households = < 30% of median income Low income households = 30 to 50% of median income Moderate income households = 50 to 80% of median income Policy 1.10: By 2002, the City shall amend its Unified Land Development Code to provide design standards, suitable sites, and technical assistance to the public in the construction of affordable housing. Polio The City shall, by 2002 , permit an adequate amount of residential land near the cities where most facilities and services are available, and that will provide more sanitary and decent housing with public centralized sewer and potable water systems where feasible. Response to Objections, Recommendations, and City of Okeechobee, Florida Comments Report from the Department of Date: September 19, 2000 Community Affairs 5 • u Policy 1.12: The Unified Land Development Code shall be revised by 2002 to Pe rmit and encourage greater flexibility and affordability in housing site designs. Consistency with the State Comprehensive Plan The proposed Amendments do not adequately address and further the State Comprehensive Plan, including the following goals and policies. (8) Water Resources (b)(9) - Protection aquifers from... contamination through appropriate regulatory programs and through incentives. (8) Water Resources (b)(10) - Protect... groundwater quality... in the state. (16) Land Use (b)(6) - Consider, in land use planning, the impact ofland use on water quality and quantity; the availability of land, water, and other natural resources to meet demands; and the potential for flooding. (21) Governmental Efficiency (a) - Economically and efficiently provide the amount and quality of services required by the public. Response: With the above modifications, the State Comprehensive Plan policies have now been met. Response to Objections, Recommendations, and City of Okeechobee, Florida Comments Report from the Department of Date: September 19, 2000 Community Affairs 6 ORDINANCE NO. 753 _ AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA BASED ON ITS EVALUATION AND APPRAISAL REPORT INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE, CONSERVATION, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS; AND ADDING APPENDIX "A", STATUTORY ..DEFINITIONS, IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all local governments draft and adopt comprehensive development plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, the State Legislature of the State of Florida has mandated that all local governments draft and adopt Evaluation and Appraisal Reports to review and update their Comprehensive Plans and to reflect changes in state policy on planning and growth management and evaluating the effectiveness of their plans; and WHEREAS, the State Legislature of the State of Florida has mandated that all local governments must adopt amendments within eighteen (18) months of completion of the Evaluation and Appraisal Report; and • WHEREAS, the City of Okeechobee adopted its Evaluation and Appraisal Report on February 16, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Okeechobee has held all duly required public hearings; both prior to submission of the proposed amendments to the plan to the Florida Department of Community Affairs, and after the proposed amendments to the plan were returned to the City, in accordance with Chapter 163, Florida Statutes; and WHEREAS, the City Council desires to adopt amendments to the current Comprehensive Plan to guide and control the future development of the City, and to preserve, promote and protect the public's health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, that: Section 1. That the City Council of the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, which amendments consist of the pages which are identified as Exhibit "A" and which are incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file in the office of the City Clerk, City of Okeechobee, Florida. Section 2. That the City Clerk is hereby directed to transmit three (3) copies of the amendments to the current Comprehensive Plan to the State • Land Planning Agency, along with one (1) copy to the Department of Environmental Protection, the South Florida Water Management District, the Florida Department of Transportation, the Central Florida Regional Planning Council, the Florida Department of State, Bureau Page 1 of 2 of Historic Preservation, and the Okeechobee County Planning & Development Department, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section 3. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 5. That the effective date of this plan amendment shall be the date a final order of compliance is issued by the Florida Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. INTRODUCED for first reading of the ordinance for transmittal, in accordance with Chapter 9J-11 F.A.C., and F.S. 163.3184(15), at public hearing this 2"d day of May , 2000. 4JamesiKirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 19th day of September , 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor REVIEWED FOR LEGAL SUFFICIENCY: Aawey-- Page 2 of 2 • • • CLOSE PUBLIC HEARING - Mayor. Vill. OPEN PUBLIC HEARING AMENDING THE CITY'S COMPREHENSIVE PLAN - Mayor. MAY 2, 2000 - REGULAR MEETING - PAGE 3 OF 7 Mayor Kirk closed the Public Hearing for ordinance adoption at 6:05 p.m. Mayor Kirk opened the Public Hearing amending the City's Comprehensive Plan at 6:03 p.m. A.1. a) Motion to read by title only, and defer setting a Public Hearing date Council Member Watford moved to read by title only, and defer setting a Public Hearing date to allow time for for transmittal to the Department of Community Affairs, proposed transmittal to the Department of Community Affairs, proposed Ordinance No?MC regarding amendments to the City's Ordinance No. 753regarding amendments to the City's Comprehensive Plan based on the Evaluation and Appraisal Report; seconded by Council Member Oliver. Comprehensive Plan based on the Evaluation and Appraisal Report - Jock Robertson, City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) Attorney Cook to read proposed Ordinance No.753 by title only. Mayor Kirk read proposed Ordinance No. 753 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA BASED ON ITS EVALUATION AND APPRAISAL REPORT INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS; AND ADDING APPENDIX "A", STATUTORY DEFINITIONS, IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FORTRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 2. a) Motion to approve the first reading of proposed Ordinance No.753 . �11 Council Member Oliver moved to approve the first reading of proposed Ordinance No.7753; seconded Council Member Watford. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public. There was none. u Vill. PUBLIC HEARING AMENDING THE CITY'S COMPREHENSIVE PLAN CONTINUED. A. 2. b) Public comment continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. UNFINISHED BUSINESS A.1. a) Motion to remove from the table, Resolution No. 00-3 setting fees for Utility Permits - City Attorney (Exhibit 4). b) Discuss proposed Resolution No. 00-3. MAY 2, 2000 - REGULAR MEETING - PAGE 4 OF 7 889 City Planning Consultant, Jock Robertson of LaRue Planning and Management Services addressed the Council regarding the Evaluation and Appraisal Report (EAR) amendments to the Comprehensive Plan. As required by the Growth Management Act, the five year based EAR was adopted by the City Council in February, 1999. That report was sent to the Department of Community Affairs (DCA). Since February of 1999 until today, the amendments that were in the report have been implemented in the language of the Comprehensive Plan, it will now be forwarded to DCA as a Plan Amendment. DCA has ninety days to review it and will then issue a Objections, Recommendations and Comments (ORC) Report. If there are amendments in the ORC Report, LaRue Planning will implement those and then forward the entire Plan Amendment to the Council for a final public hearing and adoption. Council also briefly discussed proposed amendments that are being studied to completely revise the Growth Management Act, and the population projections. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk closed the Public Hearing amending the City's Comprehensive Plan at 6:25 p.m. Mayor Kirk advised the Council that he had been given a message that Attorney Cook was absent tonight due to illness and that he has not been able to meet with the Okeechobee Utility Authority's Attorney, Tom Conely due to their schedules and recommended the Council not remove Resolution No. 00-3 from the table tonight. Mayor Kirk called for a motion three times, no motion was offered. There was no official action taken on this item. Mayor Kirk requested the Clerk's Office send a message to Attorney Cook that they wanted to be able to act on this matter by the next Council Meeting. • • • CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairman. Land Planning Agency April 25, 2000, 7:00 p.m PAGE 1 OF 4 • Chairman Walker called the April 25, 2000 Land Planning Agency Meeting to order at 7:05 p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary III Secretary Castorina called the roll: Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attorney John R. Cook Secretary Beatrice Castorina III. MINUTES - Secretary. Present Present Absent (without consent) Present Absent (without consent) Present Present Absent (without consent) Present (Serving as a voting member) Present Present • A. Motion to dispense with the reading and approve the Member Mueller moved to dispense with the reading and approve the Summary of Agency Action Summary of Agency Action for the meeting of February for the April 25, 2000; seconded by Member McCoy. 22, 2000. WALKER - YES HOOVER -YES LEDFERD - YES MCCOY-YES MUELLER - YES JONES - YES MOTION CARRIED. IV. NEW BUSINESS. A. Consider the Five -Year Based Plan Amendment of the Evaluation and Appraisal Report which cover revisions necessary for various elements of the Comprehensive Plan - City Planning Consultant (Exhibit 1). APRIL 25, 2000 - LAND PLANNING AGENCY - PAGE 2 OF 4 City Planning Consultant, Jock Robertson of LaRue Planning and Management Services addressed the Agency regarding the Evaluation and Appraisal Report (EAR) as it relates to the City's Comprehensive Plan. It is the Land Planning Agency's responsibility to review the amendments to each Element. Make recommended changes, the amendments are then forwarded to the City Council for transmittal to the Department of Community Affairs. Chairperson Walker opened the floor for discussion. The following were noted as recommended changes to the EAR: Future Land Use Element, Objective 1, Policy 1.1 Public Facility and LOS Standard. Mr. Robertson will verify the Level of Service Standards numbers. Sanitary Sewer Solid Waste, Drainage Potable Water and Natural Ground Water Recharge Element, Page 5, Policy 5.4 states "The City shall, by 2002, reduce its level of service standard for solid waste disposal from 11,250 tons per year to 12,000 tons per year." This is an increase not a reduction. Page 6, Policy 8.1 states "The City's Utility services..." the Okeechobee Utility Authority is now the utility service provider, therefore this paragraph should be reworded to state "The City shall continue to encourage conservation of water consumption." Capitol Improvements Element Page 5, Water and Wastewater Treatment Plant Expansions, Mr. Robertson noted this would be advisory only to the Okeechobee Utility Authority. Public Participation Procedures, Page 2, states "Ordinarily, a planning and zoning board or commission serves as Local Planning Agency for the jurisdiction. However, as the City of Okeechobee has no such board..." This needs to be amended since the City Council has appointed a Board and recently amended the Code of Ordinances to also reflect the authority of this board. Member Mueller moved to recommended approval of the EAR as amended: seconded by Member Ledferd. • • • IV. NEW BUSINESS CONTINUED. A. Consider the Five -Year Based Plan Amendment of the Evaluation and Appraisal Report which cover revisions necessary for various elements of the Comprehensive Plan continued. B. Consider a proposed amendment to City Land Development Regulations, Ordinance 716, Section 573 Signs in Professional and Office Districts and Section 574, Signs in Commercial and Industrial Districts - Attorney Cook (Exhibit 2). C. Consider a proposed amendment to City Land Development Regulations, Ordinance 716, Section 220 Application for Rehearing - Agency Attorney (Exhibit 3). WALKER - YES HOOVER -YES LEDFERD - YES MCCOY-YES MUELLER - YES .ZONES -YES MOTION CARRIED. APRIL 25, 2000 - LAND PLANNING AGENCY - PAGE 3 OF 4 Attorney Cook addressed the Agency explaining that an amendment needed to be made to Section 573 Signs in Professional and Office Districts and Section 574, Signs in Commercial and Industrial Districts in the Land Development Regulations (LDR's). According to the City's Building Inspector, Tom Bubb, these sections contain some "loose language" as far as interpretation. Following a brief discussion Member Mueller moved to recommend the City Council approve the amendment as outlined in Exhibit Two; seconded by Member Ledferd. WALKER - YES HOOVER -YES LEDFERD - YES MCCOY-YES MUELLER - YES .ZONES - YES MOTION CARRIED. Attorney Cook explained to the Agency that when an applicant is denied a Special Exception or Variance for a particular piece of property, they cannot reapply to the Board of Adjustments for a minimum six months. The proposed amendment as outlined in Exhibit Three will allow an applicant, with sufficient information, to request authority from the City Council to reapply, therefore waiving the six month waiting period. • • IV. NEW BUSINESS CONTINUED. C. Consider a proposed amendment to City Land Development Regulations, Ordinance 716, Section 220 Application for Rehearing continued. V. ADJOURNMENT -Chairman PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Land Planning Agency 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. A tape recording of this meeting is on file in the City Clerk's Office. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary APRIL 25, 2000 -LAND PLANNING AGENCY -PAGE 4 OF 4 Following discussion, the consensus of the Agency was that they did not feel the City Council should override the decision of the Board of Adjustments. Discussion ensued, Member Mueller moved to table this item until next month, Attorney Cook was instructed to rewrite the proposed amendment to eliminate the waiver and amend the six (6) month waiting period to sixty (60) days; seconded by Member McCoy. WALKER - YES HOOVER - YES LEDFERD - YES MCCOY-YES MUELLER - YES .ZONES -YES MOTION CARRIED. There being no further items on the agenda, the meeting was adjourned at 5:50 p.m. • Future Land Use Element Goals, Objectives and Policies • • City of Okeechobee EAR -based Comprehensive Plan Goal: Through a well -planned mix of compatible land uses, the City of Okeechobee YA11-shall continue 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. Objective 1: The location of future development in the City of Okeechobee wi11-shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 1.1: Approval of development proposals shall continue to be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. These adopted level of service standards shall be as follows: Public Facility Potable Water Supply Wastewater Disposal Solid Waste Disposal Stormwater Drainage Recreation and Open Space Roads and Traffic Circulation LOS Standard 114 gallons/capita/day 130 gallons/capita/day 13 lbs./capita/day 3 vears available landfill capaci Design storm: 25 year/24 hour duration 3 acres/1,000 persons Principal Arterial: LOS C All Other Roads: LOS D Policy 1.2: The City of Okeechobee shall continue to ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a --the Concurrency Management System. Policy 1.3: Where minimum levels of service for parks, roads, and solid waste disposal are met, new residential development and commercial developments receiving approval from the Florida Department of Health may make temporary use of private wells and septic tanks subject to the requirement that it will connect to public potable water and sanitary sewer service once such service becomes available. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 1 Policy 1.4: By September- °"' , The land development regulations applicable in the City of Okeechobee will be amended to implement appropriate best management practices described in A Guide to Sound Land & Water Management (published by the Florida Department of Environmental Protection)or limit development densities and intensities in areas where soil types or topography are not conducive to development. Permitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future Land Use Map. Objective 2: The City of Okeechobee A411-shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. b) Multi -family Residential. Permitted uses include apartments, duplexes, condominiums, single-family houses and public facilities. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be 11 units per acre. c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. d) Industrial. Permitted uses included large-scale manufacturing or processing activities. Also permitted are public facilities. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. e) Public Facility. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non -recreational City of Okeechobee FAR -based Comprehensive Plan Amendments Future Land Use Element 2 Adoptea: iviarcn l y, l YY l Date: April 10, 2000 public properties. The maximum impervious surface for development • within this category shall not exceed 85% of the site. Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and YAH-shall continue to protect private property rights. In implementing the Comprehensive Plan, the s-City will shall continue to ensure that its land development regulations protect the use and value of the -private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the e-City vAl-l-shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. Upen Plan radevatietn.,, the City tiitrequire that all development YYeYesals be p,Y evidenee that an iffventefy ofwetlan s; ;ls Fe 1;,+e« eenstr. t: ;unique�endangered habitat; t. s r 1 e e of-A41 ll;fe andplants; - 7 areas prone �L,,`to�-�p�eixedie-i eediiig`�ias been een"et•7 The City shag fui-dwz r-equif'e that eKiteiit to i high --cart -de elep eiit er- ede ele Ym pr-epose7 te be le e,l in, e.. to disturb, er to alter- the t, 1 f e+;e„s of any b, development re aTrr e that s„ rr ;.les the err eft„«;ty fe the Cityreview +. the .1 r reet to ens�ffe that d et and e e s b,le et.,.� en vll Y re r J the identified -e°setifE `1. Or in the -ex-t+e e, mitigated. U. be e • develepmetitis de.`teftiin2d to ener-esaehupen a r-eseufee, the City shaH require l .,t pa to b e e.�l b y the ele .,b,;el, results r o d r 1 no t 1ess f wetlands .a b, b, ineludes neeessai=y ed f; +;ens to prepeeed development, speeifre- setheek aid -biers, and el„ster-ing f tieft er-na�etie�r- e€-theeseufE l, Tb, ,. f .vetl. ads sh 11 be 25 f t a the f 11 tb,. eke ffe,.... the. .etlan r �V e Jllbb, all e averaa e-e40 feet. Areas designated b,,,fF r s rs shell rr all natural., vegetative eever, eP ieept where ^a aeeess paths a appr-eved to e a the eufef. Bugars may be t t o t +b, native tress,, s r„b s „a GS V JJ gfeund7e% Policy 2.3: The City shall continue to require that all development proposals be accompanied by an inventory of wetlands soils posing severe limitation to construction unique habitat endangered species of wildlife and plants, and areas prone to periodic flooding. The City shall further require that the extent to which any development or redevelopment is proposed to be placed in/on, to disturb or to alter the natural functions of any of these resources, be identified Such identification shall occur at a phase in the development review process that provides the opportunity for the City to review the proposed project to ensure that direct and irreversible impacts on the identified resources are minimized or in the extreme mitigated. Where • development is determined to encroach upon a resource the City shall require City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 3 Policy 2.3--4: Policy 2.5: a specific management plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers, and clustering of development away from site resources, to ensure the protection, preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall preserve all natural vegetative cover, except where drainageways and access paths are approved to cross the buffer. Buffers may be supplemented only with native tress, shrubs and ground covers. The City -will, through revision of appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. The City shall amend its Future Land Use Map as necessary, to address inconsistent land use areas. Objective 3: The City of Okeechobee will -shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. Policy 3.1: B� '�-2—The City shall, by 2001, identify all existing land uses inconsistent with the Future Land Use Element. olicy 3.2: By-1992, t-The City of Okeechobee will revise its -shall amend its land developrr.,--nt regulations, b 2y 002, to prevent expansion of existing land uses which are inconsistent with the Future Land Use Element. These regulations shall be enforced to ensure that when , eR a e ensu e hat- - such land uses are discontinued, they c-an-shall not be reestablished. 'olicy 3.3: The City of Okeechobee will -shall continue to coordinate with Okeechobee County in amending the City -County zoning maps to ensure that, by September- 14�, all property in the City is zoned in accordance with the Future Land Use Element. Objective 4: The City will -shall continue to ensure the availability of suitable land for public facilities to support proposed development. Policy 4.1: Future land use designafiens will shall continue to include appropriate public facilities to support proposed development. Policy 4.2: The City shall continue to amend and enforce the L-4and development regulations wide amen as necessary to ensure that adequate land and/or facilities are available at the minimum required level of service standards, City of Okeechobee Adopted: March 19, 1991 :EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 4 0 C7 • • to meet the needs of new development, including but not limited to the following: a) drainage b) stormwater management c) parking d) open space e) road right-of-way f) sewer/water plant sites g) schools ;'olicy 4.3: Where new facilities providing a utility service are needed to support a proposed development, such facilities shall be approved prior to or simultaneously with approval of the development. Objective 5: At a minimum, the threshold acreage for new schools shall be as follows: a) Elementary Schools: A minimum of four (4) acres for the first two hundred (200) students, plus one (1) acre for each additional one hundred (100) students. b) Middle Schools/Junior High Schools: A minimum of six (6) acres for the first three hundred (300) students, plus one (1) acre for each additional one hundred (100) students. c) Senior High Schools: A minimum -of seven (7) acres for the first three hundred (300) students. plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students, plus one (1) acre for each additional one hundred (100) students thereafter. d) Area Vocational/Technical School: A minimum of twenty (20) acres for the first five hundred (500) students, plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students. e) Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of forty (40) acres for the first five hundred (500) students, plus two (2) acres for each additional one hundred (100) students. C ity of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 5 Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. 'olicy 5.1: Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to sanitary sewer, solid waste, potable water, drainage, and roads are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is available. "olicy 5.2: Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school. Policy 5.3: Access to the site must be from a collector road (minor Collector or local road for elementary schools) and avoid the need for slow down zones. "olicy 5.4: Ingress and egress should not create detrimental impacts on roads adjacent to the site and the site must provide for adequate on -site parking and circulation of user vehicles. Policy 5.5: Approaches to the site should be safe for pedestrians, bicycles, cars and buses. )licy 5.6: The City of Okeechobee shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. k )bjective 6: The City shall identify suitable locations for the siting of future schools. !icy 6.1: Proposed school sites should be located away from industrial uses, major arterial roadways, railroads, airports, and similar land uses to avoid noise, odors, dust, and traffic impacts and hazards _�licy 6.2: Disrupting influences caused by school yard noises and traffic shall be buffered to ensure sufficient distances from hospitals, adult communities, and nursing homes. 'olicy 6.3: New schools shall be located within urban growth areas or be compatible with compact urban growth patterns. licy 6.4: School sites shall be located outside flood plains, flood prone areas, or floodways. New school sites should, whenever possible, avoid wetlands, and other environmentally sensitive areas, and will not interfere with historic or archaeological resources. City of Okeechobee Adopted: March 19, 1991 \R-based Comprehensive Plan Amendments Date: April 10, 2000 'uture Land Use Element 6 0 0 .,licy 6.5: The City of Okeechobee shall facilitate the adequate and efficient provision • of public schools through: a) Allowing new public elementary, middle, and high schools by right in the Single Family Residential, Multi -Family Residential, and Public Land Use categories, and by Special Exception in the Commercial Future Land Use category subject to locational criteria in the Comprehensive Plan and development standards in the Land Development Regulations, b) Not permitting new public schools for any site prohibited for a public school in Chapter 235, F.S., and Rule 6A-2, F.A.C. c) Addressing public school facilities pursuant to the provisions of Sections 163.3161(3), 163.3164(24) and 163.3177(10)(h), Florida Statutes. d) Initiating a coordination process with the School Board in its efforts on school planning, site selection and construction; and pursuant to Chapter 235, Florida Statutes. e) Maintaining for public review, a listing of capacity -deficient public • schools and the School Board's Educational Plan Survey and Capital Improvement Program when such information is provided to the City. c , bjective 7: The City of Okeechobee -shall continue to protect significant natural and historic resources. 'olicy 7.1 The City shall continue to amend and enforce land development regulations consistent with the Florida Department of Environmental Protection's (FDEP) best management practices referenced in Policy 1.4, which will minimize the flow into Taylor Creek of organic nutrients, pesticides, sediment, and other substances having the potential to degrade water quality. olicy 7.2: The City shall continue to protect E-environmentally sensitive areas wi11be pr-eteeted from development of a type and intensity which would disrupt their natural functions. Policy 7.3: By September-1991, The City shall continue to establish development standards to be applied to any wellfield protection zones which the City may designate to protect any future public potable water wellfields from contamination, and implement them through land development regulations. These standards will, at a minimum: • City of Okeechobee Adopted: March 19, 1991 i AR -based Comprehensive Plan Amendments Date: April 10, 2000 F uture Land Use Element 7 a) regulate the use, handling, production and storage of regulated substances; b) prohibit new underground fuel and other hazardous chemicals within these areas; c) require existing facilities to demonstrate that adequate technology is being employed on -site to isolate the facility from the water supply; and d) require that future wellfield protection zones which are relatively undeveloped will be planned for low density and intensity land uses. i,olicy 7.4: The City shall amend its Future Land Use Map from Industrial to Public for lands used as wellfields. Policy 7.4-5: By tom- °� The City of Okeechobee shall, by 2002, complete a survey of all t-if�-historically significant properties and, based on available resources, implement programs and procedures to preserve and protect them. This will include, but not be limited to, cooperation and coordination with recognized historic preservation organizations and, if des -ea, the .,a^.,+'^n developmentof land aulatiens to r~ Upon completion of the City's historic survey, the City shall: adopt a local historic preservation ordinance addressing all areas of historic significance; create an historic overlay district; c� amend the Future Land Use Map to reflect historically significant areas; and d) prepare a Historic District Map of all historic sites in the City. Objective 8: The City of Okeechobee will -shall continue to encourage the redevelopment and renewal of blighted areas. C ;5 olicy 8.1: -t 992, the � —t; ` ='-t- e City shall continue to identify and prioritize areas in need of redevelopment or renewal. Policy 8.2: The City shall by 2002, formulate a program of specific activities to be conducted in renewal of blighted areas, including but not limited to the following: City of Okeechobee Adopted: March 19, 1991 2-based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 8 a) Establish criteria for identifying structures in need of repair, • rehabilitation or, if there is no feasible alternative, demolition; b) Seek all available state and federal funds to support renewal activities; c) Identify any available alternative housing units for persons displaced by renewal activities; and d) Review of -zoning, building, housing, and other codes for weaknesses which allow the formation of blighted areas, and make necessary revisions. Objective 9: The City of Okeechobee shall continue to ensure that proposed land use activities in the Taylor Creek area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, prepared pursuant to Chapter 380, Florida Statutes. Policy 9.1: Dur-ing 1992—,The City of Okeechobee will review the Resource Management Plan for the Lower Kissimmee River and Taylor Creek • Drainage Basins, and coordinate its activities with those of other local governments addressed in the Resource Management Plan. 1 Aicy 9.2: The City shall adopt a protection ordinance for the Taylor Creek Drainage � Basin area to eliminate inconsistent land use activities, while maintaining consistency with the Resource Management Plan. Policy 9.3: The City shall amend the Future Land Use Map to include a Conservation land use category for which to designate the Taylor Creek Drainage Basin and Lower Kissimmee River areas. u 0 jective 10: The City of Okeechobee -shall continue to promote the various and innovative land development techniques. Policy 10.1: The City will -shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing facilities; . b) recognize and preserve distinctive natural features of the development • site; ::v of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 9 c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and f) promote a sense of pride and community for its residents. Policy 10.2: The City -shall continue to amend and enforce its land development regulations to protect the public safety along its streets and highways by limiting size and placement of signs and visual obstructions, which can restrict visibility and pose a distraction to the motorists. Policy 10.3: The City A411 maialai shall continue to enforce land development regulations addressing the subdivision of land. C1)iective 11: The City of Okeechobee shall integrate the objectives of the Okeechobee Local Mitigation Strategy into its Comprehensive Plan. n _icy 11.1: As is practicable, applicable provisions of the Local Mitigation Strategy shall be integrated into the City's land development regulations and review procedures to prevent inconsistency between future uses and any hazard mitigation report recommendations. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 10 F Ki WEE oil 1111 0-01 ME ME vim am son Ill in Ell I ll EM VII MIS so 0 -son an MW no ■NEI fill on an OWA AMI&WNIINmilms MU I INN oil 111 IN I M fill INN oil lw on C: 11 • • Traffic Circulation Element • Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To develop a traffic circulation system which safely and efficiently meets existing and future transportation needs, promotes accepted design standards, and achieves desired levels of service. Objective 1: The City of Okeechobee-1, as part of its five-year capital improvements program, shall continue to identify needed improvements and time frames for correction of existing roadway deficiencies. Policy 1. 1: The City -shall, by 2002, rank proposed roadway projects in order of priority according to the following guidelines: Priority 1: The project is needed to protect public health and safety, to fulfill the City's legal commitment to provide facilities and services, or to achieve full use of existing facilities. Priority 2: The project increases efficiency or reduces maintenance costs of existing facilities, prevents or reduces future improvement costs, provides service to developed areas lacking full service, or promotes infill development. Priority 3: The project represents a logical extension of facilities and services within a designated urban service area. Policy 1.2: By 11992, t The City will eend c4 shall, by 2002, complete a survey of striping, signalization, signage and other road conditions to identify areas in need of improvement. Policy 1.3: As seen as pesr The City will -shall, by 2002. develop and maintain a data file on traffic accidents and identify any roadway deficiencies contributing to such accidents. Policv 1.4: The City_shall, by 2002. identify all roadways within the Citv in need of resurfacing or widening and include those improvements in the -Five -Year Schedule of Capital Improvements. Objective 2: The City of Okeechobee -shall continue to protect existing and future right-of-way from building encroachment. Policy 2. 1: The City hereby adopts standard minimum right-of-way requirements for new isroadways as follows: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 1 TYPE OF FACILITY RIGHT-OF-WAY Arterial Roadwav 150' Collector Roadway 100' Local Road 70' (swale drainage) 50' curb and nutter) Policv 2.2: The City will amend shall enforce provisions in its land development regulations to require mandatory, dedications or fees, as a condition of plat approval, for the purpose of acquiring adequate right -of -wavy to serve proposed developments. Policy 2.3: The Citv w444-shall identify the right-of-wav needs of existing development as soon as possible, and hySeptember -1, 1 91, reVise enforce provisions in its land development regulations to establish measures for acquisition or reservation. Policv 2.4: In cases where width requirements established in Policy- 2.1, are inadequate for a proposed road improvement project, the City wi11-shall, after consulting with MOT or other appropriate agencies, establish special setbacks or dedication requirements to meet the need for additional right-of-way. Objective 3: The City of Okeechobee shall continue to support and encourage FDOT in the implementation of projects listed in the MOT 5-Year VV'ork Program which are under the Citv_'s jtuisdiction and are consistent with and further the Comprehensive Plan. Policv 3.1: The City w4l-shall continue to provide necessary coordination and assistance to MOT in its work efforts toward widening US 441 between CSX Railroad and Cemetery Rd., expanding SR 70 from 8" Avenue west_ and all other projects included in the 5-Year Work Program covering the period 1 Q90 1 995 2000-2010. Policy 3.2: The City -shall continue to promptly report to MOT any observed deficiencies and needed improvements in state roads so that these may be added to the current work program or included in upcoming work programs covering the period 1995-2000-2010. Objective 4: The City of Okeechobee w4g-shall continue to coordinate the planning and programming of local transportation improvements with the Future Land Use Element of this plan, Okeechobee County and FDOT. Policv 4.1: a - 19 9 , The City mil -shall, by 2002. implement a program to monitor and evaluate the impacts of existing and proposed development on the City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 2 �J transportation system in order to ensure consideration of transportation issues in local land use decisions. Policy 4.2: T-In order to improve coordination with FDOT the City shall continually review applicable FDOT plans and programs in a --der to femain eeiisist * for consistency with these in own project planning. Policy 4.3: As part of its Concurrency Management System, the City w4 l-shall continue to notify FDOT when any proposed development would reduce levels of service on US 441 and SR 70 below adopted minimums. Policy 4.4: When transportation facilities become backlogged, the City will shall continue cooperation with FDOT in adopting strategies, timetables, and commitments to bring operating conditions back to acceptable levels of service over a reasonable period of time. Policy 4.5: The City shall identifv all roadway projects in its Capital Improvements Plan. Objective 5: The City of Okeechobee wiI4-shall continue to coordinate activity with state, regional, and local jurisdictions to promote a proper mix of funding for transportation improvements. Policy 5.1: The City w=i44-shall continue to aggressively seek funds from FDOT. DCA. • the County and other appropriate agencies, public and private, to meet the funding necessary for needed transportation improvements. Objective 6: The City of Okeechobee -shall continue to implement a program for providing roadway needs that integrates acceptable design standards. Policy 6.1: The City -shall continue to consider and adopt criteria published at the federal, state, and local level relating to the design of transportation facilities including the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways; and the American Association of State Highways and Transportation Engineers Policy on Geometric Design of Highways and Streets. Policy 6.2: By September 1, 199 1 � t The City will amend shall enforce provisions in its � land development regulations to establish roadway requirements, including appropriate development setbacks and right-of-way dedications, addressing the need to acquire and preserve existing and future rights -of -way. Policy 6.3: By -September- The City shall enforce provisions in its land development regulations, which meet or exceed FDOT standards, to control access to arterial and collector roads by limiting new curb cuts and • driveway permits, or other appropriate means. City of Okeechobee Adopted: ]March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 3 Objective 7: The City of Okeechobee wil1-shall establish a level of service standards that are acceptable for existing and future conditions. Policv 7.1: Minimum peak hour operating levels of service for the City of Okeechobee shall continue to be consistent with those set forth in the Florida Highway System Plan, Level of Service Standards and Guidelines Manual as outlined below,: Facility Type Rural/urban With Population Less Than 50,000 rincipal Arterials C linor Arterials D 11 Other Roadways D Policv 7.2: The City's Concurrenev Management System -shall continue to use minimum level of service standards adopted in Policv 7.1 in assessing whether the transportation impacts of proposed new developments are acceptable. Objective 8: The City of Okeechobee shall continue to coordinate development with the provision of adequate motorized and non -motorized transportation facilities. Policv 8.1: The Citv w4l�-shall continue to monitor land use development trends and traffic levels of service to ensure that needed transportation facilities are provided by developers or appropriate government agencies prior to or concurrent with development. Policv 8.2: The City shall not permit new development to occur in locations where the existing traffic circulation network is insufficient to accommodate the impacts of the development, unless definite provisions are made to pro%ide the necessary capacity prior to or concurrent with the development. Policy 8.3: As new development is permitted, the City w4447shall continue to reserve and protect needed right-of-way and/or easements for bicycles and pedestrian facilities. Policy 8.4: By Sept 1� °°' The City will a shall enforce provisions in its land development regulations to require sidewalks in new commercial and residential developments which are subject to plat or site plan approval, to be linked where possible to the existing sidewalk system. Policy 8. 5: Areas of the City not currently served by bicycle or pedestrian facilities shall receive top priority when such facilities are built in the future. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 4 0 • 0 Objective 9: The City of Okeechobee shall encourage efforts to curtail fitture level of service standard deterioration, particularly along US Highway 411 and SR 70. Policy 9.1: To assist in improving level of service standards commercial redevelopment efforts shall be prioritized to mitigate existing "strip" commercial sites. Policv 9.2: Access points to commercial centers shall be limited where feasible. to decrease traffic congestion along Citv arterials and other roadways. Policv 9.3: Efforts shall be made where appropriate to separate local traffic from through traffic in commercial areas. City of Okeechobee EAR -based Comprehensive Plan Amendments Traffic Circulation Element Adopted: March 19, 1991 Date: April 10, 2000 • • • Housing Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee will plan for the provision of decent, safe and sanitary housing of appropriate type, size, location and cost, and with adequate supporting public facilities to meet the current and future needs of all residents of the City. Objective 1: On an ongoing basis, the City of Okeechobee -shall continue to assist the private sector and other public agencies in providing adequate and affordable housing, supported by adequate public facilities, for existing and future populations. This will include regulatory improvements, coordination with the private sector, applications for funding assistance, and other activities aimed at ensuring adequate supply of standard condition housing which meets documented current and projected ranges of household size, income, tenure, and special need (e.g., elderly and farmworker housing). Policy 1.1: New residential development -shall continue to be permitted only where facilities and services such as roads, sanitary sewer, and potable water are is available and adequate, or where such facilities and services are programmed to be provided during the planning period, based on a fair -share distribution of costs. Policy 1.2: The City Administrator and other appropriate officials -shall continue to meet on a periodic basis, either formally or informally, with City residents. developers, builders, non-profit providers of housing, and any other interested persons to assess and improve the production of housing for all City residents. Policy 1.3: The City Administrator will shall continue to assess and recommend improvements as necessary, to housing -related regulatory and permitting processes in effect within the City. This will be done in conjunction with scheduled evaluations and appraisals of the comprehensive plan, or as otherwise required. Possible improvements may include, but shall not be limited to: • elimination or modification of conflicting or excessive regulations; • establishment of a time limit for the review of development proposals; • consolidation of multiple public hearings; and • waiving of processing fees for affordable housing projects. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 1 Policy 1.4: The City_ Administrator v4l -shall continue to coordinate with the joint City - County Building and Zoning Department to establish a site review process to wide the location of and assess the need for and availability of infrastructure to support the following: • housing for low and moderate income families: • mobile homes, • group homes. - foster care facilities: • farmworker housin(j: and • housing for other households with special needs. Policy 1.5: In order to be eligible to receive state and federal housing funds, the City of Okeechobee w 44 -shall. by 2002. implement a fair housing ordinance to permit opportunity in housing selection and prohibit discrimination in the sale or rental of a dwelling. Policy 1.6: By September-1, 199 1, the Gi:* - will a 1ff) The City shall enforce provisions in its land development regulations allowing the following density bonus for residential developments in providing units which qualify as affordable housing: 10% of total units ................................... 1 unitiacre Policv 1.7: The Citv shall explore incentives to offer developers for the provision of affordable housing units, and adopt an incentive program by 2002. Policy 1.8: The City, through the State Housing Initiative Program (SHIP) funding, shall more actively Participate in providing affordable housing to meet community needs by rehabilitating deteriorating structures and by providing down pavment assistance for new homes. Objective 2: ��-=_ Ry � o°`' + The City 4l of Okeechobee w-sliall. by 2002, formulate and begin _ _ to implement a program to identify, ffe�. and/or eliminate substandard housing conditions by ten percent. This'Will include amendment. by September- 1, of housing and building codes and other applicable regulations to establish minimum standards for safety and for aesthetic, structural and/or sanitary, conditions in the existing housing stock. Policv 2.1: The Citywill adept shall enforce standards for rehabilitation of substandard housing units incorporating housing quality standards which meet or exceed those of the Federal Section 8 Existing Housing Program. Building. housing. and zoning codes in effect within the City shall be amended as necessary to maintain consistency with these standards. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 2 Policy 2.2: As permitted by funding and personnel constraints, the City wi4--shall icontinue to bring substandard housing units into compliance with applicable regulations at an average rate of 10 units per year. This may include rehabilitation as well as demolition and replacement. Policy 2.3: By 1992, �- * The City of Okeechobee w41-shall, by 2002, establish criteria to � identify blighted areas and historically significant housing; in need of improvement. Policy 2.4: r,,,fin" 199 1, t The City of Okeechobee wiP-shall, by 2001, conduct a review of applicable land development regulations for weaknesses which allow the formation of blighted areas, and coordinate with Okeechobee County to make necessary revisions as part of the required amendment process. Objective 3: The City of Okeechobee w414-shall continue to conserve its standard -condition housing stock, and improve, as necessary, the structure and aesthetics of existing housing. In this process, historically significant units will be identified and given special consideration. Policy 3.1: Owners/landlords of housing units shall continue to maintain their property in standard condition. Through a program of code enforcement based, at a minimum, on response to citizen complaints, substandard conditions shall be • brought to the attention of owners/landlords of housing units, and they shall be required to make necessary repairs. Substandard housing shall be defined, based on the U.S. Department of Housing and Urban Development (HUD) Section 8 Existing Housing Program as a housing unit having a deteriorated or dilapidated appearance and one or more of the following conditions: 1. The only possible access to the unit is through another unit. 2. There is no alternative means of exit in case of fire which meets state or local regulations. 3. There is evidence of infestation by mice or vermin. 4. There is an accumulation of garbage or debris. 5. Inadequate covered facilities for refuse disposal are provided. 6. Neighboring conditions are present which would seriously and continuously endanger the health or safety of residents (e.g., evidence of flooding, proximity to open sewage, fire hazards). 7. Evidence exists of an unsound or hazardous foundations. 8. There are unsound or hazardous stairs, porches, balconies, or decks. 9. Roof bucks or sags, has holes or decayed soffits. 10. Exterior surfaces are decayed or otherwise defective. 11. Chimney is leaning or disintegrating. • 12. Mobile homes are placed on the site in an unstable manner. City of Okeechobee Adopted::March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 3 Policy 3.2: Work efforts on the part of the City toward conservation, rehabilitation and demolition of housing units will be carried out in support of the following principles: • to encourage property owners to make repairs before serious problems develop within the housing stock; • to reduce blight and decay of neighborhoods: • to maintain the value of housing and the quality of life in the Cit}; and • to encourage investment in residential areas. Policy 3.3: The conservation, rehabilitation, or demolition of any documented historic housing units shall continue to be carried out in cooperation with recognized historic preservation organizations. Policv 3.4: Upon completion of the City's historic survev. all historically significant housing structures shall be formallv identified by the Citv. Policv 3.5: The City shall, through Code Enforcement assistance. maintain records to identify all housing units that are demolished and all housing units that are brought into Code compliance. Policv 3.6: The Citv shall coordinate with both citizen groups and the Department of State to identifv and prepare a Historic Overlav District. Objective 4: B�- Septeffiber-1, 1991.tThe City of Okeechobee will amend shall enforce zoning, subdivision. housing and other applicable regulations to ensure adequate sites for housing for low- and moderate -income families and for mobile homes. Policy 4.1: The principles and criteria for siting low and moderate income housing shall be as follows: • to ensure that low/moderate income families have adequate public facilities and services based on a fair -share distribution of costs: • to reduce concentrations of low/moderate income housing in the C ILv. • to provide adequate sites for low/moderate income housing based on projections and demand for such housing; and • to allow additional density for developments providing affordable housing (see Policy 1.6). Policv 4.2: The principles and criteria for siting mobile homes shall be as follows • to ensure mobile home residents of the availability of adequate public facilities and services based on a fair -share distribution of costs: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 4 • to require developers of future mobile home parks to provide adequate hurricane shelter space for hurricane season residents of such parks; • to provide adequate sites for mobile homes based on projections and demand for such housing; • to ensure an affordable housing type to residents of the City; and • new mobile homes shall be placed only in mobile home parks or subdivisions at least 10 acres in size. Objective 5: The City of Okeechobee w444-shall, on a continuing basis, ensure adequate sites for u�-licensed of funded group homes and foster care facilities that are licensed or funded by the Florida Department of Health (D ). Policy 5.1: The principles and criteria for siting FIRS DOH -licensed or -funded group homes and foster care facilities shall be as follows: • to ensure that group homes and foster care facilities of a residential scale will be located in areas of residential character; • zoning shall not be used to prohibit such facilities of a residential scale in areas of residential character so long as proposed facilities are compatible with surrounding residential densities; and • to provide clients of such facilities adequate public facilities and • services on the basis of a fair -share distribution of costs. Objective 6: Reserved. .n s ra4 f its e t4s to r ital ze and stabilize r Sid-e ,.o1 ffina neig er-kaed-s, the G t- , of Okeeehobee willshall .,rims, e ensure t housing to per -sons displaeed .. Fed&Fally assisted housing . Objective 7: B�, l� °93TT_he City of Okeechobee will have established a shall, by 2002, establish a technical advisory committee whieh=willto evaluate the City's housing efforts and advise the City on adequate and affordable housing issues and programs. Policy 7.1: T it & f4s t enstife de , e a .,f -a ble housing,fer-its es derma, City. Officials wi44-shall continue to seek and/or otherwise develop appropriate federal, state, local, and private funding or assistance to . Sueh assistance sheuld offset the costs of City housing efforts, return tax revenue to the community, provide local employment, and/or leverage private -sector • investment in residential areas. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 5 Policy 7.2:The —C--itN- will -�-seek fedefal and stateg efi a regulaf basis 1�3z—===e h bilitatio Elem liti,,, andreplacement of substandai-7(4 r eus; ,- The City w4l-shall continue to apply for Small Cities Community Development Block Grant funds and participate in housing -related activities funded by block arants and the Farmers Home Administration. The City vA44-shall consider participating in other federal or state -assisted programs that rehabilitate and/or replace housing for low- and moderate -income families. and households with special housin�(g needs. Policv 7.3: The City shall continue to participate in the Citv's SHIP to find affordable housing for low- and moderate -income households. Policv 7.4: Through the assistance of a technical advisory committee. the Citv shall become more actively involved in the SHIP program, to acquire funds for a greater percentage of affordable housing units. City of Okeechobee EAR -based Comprehensive Plan Amendments Housing Element re Adopted: March 19, 1991 Date: April 10, 2000 u • • CJ Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Recharge --Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee shall continue to conserve and protect its water sources and provide, or require others to provide, needed public facilities in a manner which protects investments in existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee will -shall, through revision of land development regulations, continue to implement procedures to ensure that needed facilities are available or will be available, concurrent with development. Policy 1.1: The City of Okeechobee shall adopt the following minimum level of service standards to be used to determine the availabilitv of facility capacity and the demand generated by development: , *4e gh r of lard development—fegulations, implement pr-edthat needed facilities are available, or will be available, eeneidi�fent with develepment: Facility Level of Service Sanitary Sewer Average Sewer Demand of User Population • 130 gallons per capita per day see Policy 1.6) Potable Water Average Daily Water Demand • 114 gallons per capita per day see Policy 1.6) Solid Waste Disposal Average Solid Waste Generation • 13 lbs. per capita per day • at least 3 years available capacity in Okeechobee County landfill (see Policy 1.4) Drainage/Stormwater Interim Standard (see Policy 1.5) Management Design Storm • 25-year frequency • 24-hour duration Facility design standards • as required by Florida Administrative Code (see Policy 1.5) City of Okeechobee EAR -based Comprehensive Plan Amendments Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 1 Adopted: March 19, 1991 Date: April 10, 2000 Policy 1?: The City of Okeechobee -shall continue to ensure that all improvements for replacement, expansion, or increase in capacity of facilities W4-shall be compatible with the adopted level of service standards for that facility. Policy 1.3: The City Administrator or his designee shall continue to annually report to the City Council the best available information on demand and unused capacity for each facility, providing the most recent available population ,estimates for the City and unincorporated areas served by City facilities. Policy 1.4: As a component of its adopted level of service for solid waste generation, the City wi4l—shall continue to require that no less than three years capacity remain available in the Okeechobee County landfill to accommodate existing and approved development. The most recent available public facilities report of the City Administrator, as referenced in Policy 1.3, 1-shall be consulted to determine whether this capacity exists. Policy_ 1.5: The following drainage level of service standards are established on an interim basis pending completion of a drainage study to produce relevant data and analysis to support permanent standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharue facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. Policy 1.6: Expansion of public water and wastewater treatment facilities shall be planned and carried out according to the following criteria: ( 11 When average daily demand reaches 650ro of design capacity or when peak demand reaches 80% of design capacity. an engineer shall be retained by the City to evaluate expansion needs. (2) When average daily demand reaches 80% of design capacity or --when peak demand reaches 95% of design capacity. construction shall begin on the needed expansion. When average daily demand reaches 95% of design capacity or when peak demand reaches 100% of demand capacity, construction shall be complete. Citv of Okeechobee Adopted: March ly, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element u • • Objective 2: The City of Okeechobee will prepare and shall continue to maintain a five-year schedule of capital improvement needs for public facilities, to be updated annually, in conformance with the comprehensive plan review process for the Capital Improvements Element. .7 Policy 2.1: The City Administrator 1-shall continue to evaluate and rank capital improvements projects proposed for inclusion in the five-year capital improvements program. Policy 2.2: Capital improvement projects -shall be ranked according to the following priority level guidelines: Priority One: The project is needed to protect the public health and safety, or to fulfill the City's legal obligation to provide facilities and services. Priority Two: The project increases efficiency of existing facilities, reduces improvement costs, provides service to developed areas lacking full service, or promotes infill development. Priority Three: The project represents a logical extension of facilities or services within a designated service Area. Policv 2.3: The Citv shall revised its Capital Improvements Plan to show itemized capital improvements. Objective 3: The City of Okeechobee shall continue to ensure that existing facilities will be utilized in an efficient manner and that infrastructure improvements will not encourage urban sprawl. Policy 3.1: Land development regulations shall be amended utilized to require the use of appropriate public facilities in new developments. These requirements shall specify which facility or facilities shall be used in each of the various land use categories established in the Future Land Use Element. Facilit:v usaue shall also be consistent with the wellfield protection ordinance. Policy 3 2: Reserved. > v, a fisie f'publ ie . ,.,tor and . s.,,..., ter- tr-e.,tme + ae lities shall (1) 4hien aver- gge daily demand r-eaehes 65o/ f Elesign ei , r 1 k demand he 90'% f r o sha4 b e peak ueiiiuiau reudesign , 1— retained by the Gity to evaluate expansion needs. r. �'n City of Okeechobee Adopted: ]March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 3 'a- ^rnpea aademand , i, demand Otioi f aowig ;+ st,, etieishall r-eaekes begs o the neededo J. /^ \ :SX he r1.,;1y r1 95o/ f R" cui/u`� ;t when aver -age Ele r-eaehes _e r, 1. demand h 1, s 1 00% demand , ty 1 shall he of e �,...,�....................,. nStFdeti Objective 4: The City of Okeechobee will Beef iii shall continue coordination with Okeechobee County and the Okeechobee Utility Authority (OUA) in the extension of water and sewer service into unincorporated areas. Policv 4.1: Water and sewer service shall not be expanded beyond the boundaries of the Urban Residential land use designation as shown on Okeechobee County's adopted Future Land Use Map. Policv 4.2: The City Administrator v4R-shall continue to be responsible for negotiating service extensions with Okeechobee County and QUA and drafting any necessary service agreements for the City Council's consideration. Policv 4.3: Decisions to extend utility service into unincorporated areas will work toward maximizing the efficiency of use of City facilities. Non -city residents will pay the full cost of providing sewer and water service in unincorporated areas. Policv 4.4: The City shalt coordinate with the County and OUA in tarQetinLi locations for future potable water and sanitary sewer connections. Objective 5: The City of Okeechobee wil4-shall continue to provide for efficient collection, environmentally sound disposal, and reduction in volume of solid waste material which it generates. Policv 5.1: The Cit shall continue coordination and assistance with Okeechobee County in meeting the solid waste management requirements of the Solid Waste Management Act of 1988. Policy 5.2. The City -shall continue to maintain any and all interlocal agreements necessary to ensure continuing access to Okeechobee Countv's landfill facilities. Policv_ 5'.3: If necessary, to maintain its adopted level of service (LOS) for solid waste generation, the City will shall continue to fully utilize any and all of Okeechobee County's waste processing facilities and recycling programs for the reduction of solid waste volume. Even if not necessary to maintain its adopted LOS, the City w444-shall still consider the feasibility of using such City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 107 200( Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 4 facilities and programs in its efforts to meet the volume of reduction goals of • the Solid Waste Management Act of 1988. Policy 5.4: The City shall, by 2002, reduce its level of service standard for solid waste disposal from 11,250 tons per year to 12,000 tons per year. Objective 6: The City -shall continue to include, as part of its land development regulations revision, stormwater drainage regulations providing for the protection of natural drainage features and provisions for ensuring that all future development utilizes appropriate stormwater management techniques. Policy 6.1: The City of Okeechobee's land development regulations fevisions will inel-ttEle shall enforce stormwater drainage provisions which ensure that: (a) new developments are required to manage runoff from the 25-year frequency, 24-hour duration design storm event on -site so that post - development runoff rates, volumes and pollutant loads do not exceed pre -development conditions; (b) stormwater engineering, design and construction standards for on -site systems are provided; and • (c) erosion and sediment controls are used during development. Policy 6.2: The City shall, by 2001. adopt and enforce a stormwater management plan to establish techniques for the protection of drainage facilities. This Plan shall include protection measures for the Taylor Creek Drainage Basin area. Objective 7: The City of Okeechobee w4-shall continue to obtain data needed for correction of existing deficiencies in a -man-made drainage facilities or altered natural drainage features. `Policy 7.1: By '� - °�*t-T_he City Nvill initiate an shall complete all four phases of its � inventory study of the function and capacity of the City's existing stormwater drainage facilities and system by 2001. i addition to "b ^available � ,.,EIS E) f its +L,o Ci;-- ill FeEluest funding assistance f )Fn the Setith Florida �A4ter- Management Pistriet to undertake this sttidy. yPolicy 72: The City ,,,shall amend the Comprehensive Plan to include the recommendations of the stormwater drainage study, upon its completion. `Policy 7.3: Drainage facility improvements wih-shall continue to be provided according to the following priorities: is (1) to fulfill the City's legal obligations; City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date:: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 5 (2) to prevent further degradation of Taylor Creek; (3) to provide adequate drainage for existing development in the City; (mot) to provide adequate drainage for new development in the City; and (5) to extend municipal drainage facilities to areas outside the City. Policv 7.4: The City shall maintain complete records on anv drainage problems so that facility deficiencies may be better addressed and corrected. Objective 8: The City of Okeechobee will ,-a, uee its pef capt-awater- consumption b�, ten Pefeent —by the shall continue to maintain its water consumption rate of 1.82 million gallons per day (MGD)_ Policy 8.1: The City's utility services shall continue to encourage conservation throuLh special rate structures to reward customers who minimize their water consumption. Policv 8.2: B - Se *o., bef i 1991.alert The City shall enforce provisions in its land development regulations to require the use of dioLlght-tolerant plants where landscaping is required. Policv 8.3: The City's building codes shall be amended to require water -saving devices on all new construction. Objective 9: The Citv w41-17shall continue to protect water quality and preserve the function of recharge areas and natural drainage features. Policv 9.1: As part of its land development regulations moons, the City will � shall enforce provisions to limit impervious surfaces in new development to protect the function of natural drainage features and natural groundwater recharge areas. Policv 9.2: The Citv's land development regulations wi- shall be amencled utilized to provide special requirements consistent with the wellfield protection ordinance. relating to permitted land uses and land development techniques which will protect groundwater supplies from contamination. Policv_ 9.3: The City w444-shall continue to provide public information and seek public involvement in water supply issues. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 6 • • Recreation and Open Space Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To provide a system of public recreation lands and facilities to serve all residents and visitors of the City of Okeechobee, while making the most efficient possible use of public resources. Objective 1: Land designated for recreational use will- shall continue to be protected on an ongoing basis from the establishment of land uses on adjoining properties which would interfere with its recreational function. Policy 1.1: n�September- 1, 1991,-t-The City wi —shall, by 2002. adopt specific definitions and standards for the designation and protection of open space or recreational lands within proposed developments. These standards W -shall include provisions for improving public access to Taylor Creek. Policy 1.2: By '� °��The Citywill-adept-shall enforce land use compatibility standards � for the protection of existing and future recreation and open space lands. • Objective 2: The City of Okeechobee will -Geer-d ewith shall continue coordination � with and seek assistance from Okeechobee County, relevant state agencies, and the private sector to enhance recreational opportunities within its boundaries. Policy 2.1: As recreational needs arise, the City -shall continue to identify properties within its boundaries having the potential to meet those needs, and make reasonable efforts to secure those properties for recreational use through financial incentives, direct purchase, or other appropriate means. Policy 2.2: For types of recreational lands and facilities which cannot be provided within its corporate limits, the City w44-shall continue to encourage public/private collaboration to create needed recreational opportunities, and contribute such staff and funding as may be available toward efforts involving the city, county, the State of Florida, and the private sector. Policy 2.3: The City shall continue to provide incentives such as in -lieu -of fees and direct site transfers to encourage the provision of recreation facilities in proposed developments. Policv 2.4: The City shall continue its efforts to solicit fundiniz from the Florida • Recreation Development Assistance Program (FRDAP) for improvements to Flagler Park. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date:April 10, 2000 Recreation and Open Space Element 1 Policv 2.5: The Citv shall continue to coordinate with the County on maintenance of recreational facilities. Objective 3: The City of Okeechobee wi -shad continue to provide an adequate supply and variety of recreation opportunities to meet public need. Policv_ 3.1: The minimum level of service for recreational lands in the City- of Okeechobee shall be 3 acres per 1,000 residents. Policv 3.2: The Citv, in an effort to address its shortfall of open space/recreational facilities shall prepare a list and map of all current facilities by 2002 upon completion of this identification. the City shall then consider additional sites throughout the City for recreational opportunities, to meet the minimum level of service requirement. Objective 4: The City of Okeechobee will shall continue to ensure that identified recreation sites are accessible to the public, including persons with special needs. Policy 4.1: The City shall continue to provide parking spaces and bicycle racks as needed at city -owned recreation sites which have been opened to public use. Policy 4.2: The City shall continue to provide handicapped and pedestrian access as needed at the city -owned recreation sites which have been opened to the public use. Objective 5: The City of Okeechobee shall continue to seek and utilize all available recreation -related funding from local, state, federal and private sector sources in providing recreational opportunities. Policv_ 5.1: The City shall continue to inventory and monitor appropriate local. state. federal, and private funding sources for recreational facilities to ensure that applications for assistance are made in a timely fashion. Policy 5.2: The City w4�-shall continue to schedule identified recreation facility needs in the Capital Improvements Element of this plan. Policv 5.3 : The City wi447shall continue to provide for a fair -share costs mechanism for open space and recreation facilities. Objective 6: The City of Okeechobee and the School Board will seek to coordinate and cooperate to ensure efficient and joint use of existincz and future park/school sites. i City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date:April 10, 2000 Recreation and Open Space Element 2 • • Policy 6.1: The City of Okeechobee and the School Board will seek to utilize existing school facilities for park and other recreational needs so as to enhance City resident access to parks and recreation. Policv 6.2: Whenever possible, future park sites should be adjacent to and designed in an integrated manner with school sites so as to maximize City resident access to parks and open spaces. Policv 6.3: The Citv of Okeechobee shall request that the School Board submit for review. specific information on renovations additions and proposed expansions on property owned by the School Board to assure the availability of public facilities and infrastructure when thev are future planned improvements. Policv 6.4: The City of Okeechobee shall advise the School Board of all Plan amendments that may affect school sites through designated liaisons with regularly scheduled informal or formal staff meetings. Policv 6.5: The Citv of Okeechobee shall coordinate with the School Board through a Memorandum of Understanding or Interlocal Agreement for the joint use of parks/school sites. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date:April 10, 2000 Recreation and Open Space Element 3 Conservation Element • Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee -shall continue to conserve, protect, and appropriately manage the natural resources to promote the highest environmental quality possible. Objective 1: The City of Okeechobee -shall continue to ensure that levels of air pollutants shall not exceed applicable standards set by the Department of Environmental Protection (DEP�. Policy 1.1: Prior to City approval of a Development of Regional Impact (DRI), the developer shall conduct a study of transportation -related air quality impacts which may be reasonably expected to result from the project, and provide measures for mitigating those impacts. Policy 1.2: New commercial or industrial development which will release toxic or hazardous substances into the air will be buffered from existing residential, public, conservation or preservation land uses, as well as areas designated for • these land uses on the Future Land Use Map. Objective 2: The City of Okeechobee wiE-shall continue to implement programs and policies to conserve the supply and maintain the quality of' current and projected potable water sources, as well as protect the quality of surface water. Policy 2.1: In water shortage emergencies, the City of Okeechobee v4147shall continue to follow the conservation plans, guidelines and recommendations of the South Florida Water Management District (SFWMD). Policy 2.2: Through Policy —2 —2.3 of the Future Land Use Element and land development regulations based on that policy, the City of Okeechobee shall continue to restrict the location and/or intensity of land uses which have the potential to adversely affect the quality or quantity of groundwater. Should municipal wells be established as a public drinking water source, the City will shall fully cooperate with the SFWMD to identify cones of influence for all public supply wellfields. In order to finance its support of these activities, the City shall seek funding assistance from SFWMD and all other appropriate sources. Land uses within the identified cones of influence shall be regulated in accordance with Future Land Use Policy . -S-.�'7.3 and associated land development regulations. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Conservation Element 1 Policy 2.3: As its resources permit, the City of Okeechobee will shall continue to cooperate with and support the Seuth FI a W Managements Distr-iet's ongoing surface water monitoring program as it pertains to Taylor Creek. In contributing y w to these efforts, the City continue to place particular emphasis on documenting its own impact on water quality in the creek. Policy 2.4-. As its resources permit, the City. of Okeechobee will shall continue to cooperate with and support the Seutl,Flerida Water Management Distrie and the Florida ryep rime t f En,,4r-opunental Regulation DEP and other relevant agencies to improve water quality in Lake Okeechobee through reduction of pollutant loading in Taylor Creek. Objective 3: The City of Okeechobee w444--shall continue to conserve and protect its soils and native vegetative communities from adverse impacts of development. Policy 3.1: The City of Okeechobee will shall continue to protect any natural reservations identified in the Recreation and Open Space Element from adverse impacts of development. Policy 3.2: The Ciry of Okeechobee will eeer-dinate acid eeapeFa�L-shall continue coordination and cooperation with Okeechobee County to conserve and protect rare or unique vegetative communities that cross jurisdictional boundaries. Policv 3.3: Through Future Land Use Policv 2:2 2.3 and implementing land development regulations, the City will shall continue to protect native vegetative communities from adverse impacts of development. Objective 4: The City of Okeechobee will -shall continue to conserve and protect existing wetlands. fisheries and wildlife habitat from adverse impacts of development. Policv_ 4.1: Through Future Land Use Policv 2.3 and implementing land development regulations, the City w4l-shall continue to conserve wetlands and protect water quality in Taylor Creek from adverse impacts of development. Policy 4.2: In implementing Future Land Use Policy ?—_' 2.3, the City w4 -shall continue to request assistance from the Florida Game and and Wildlife Conservation Commission in identifying possible adverse impacts of proposed development on habitat for endangered and threatened wildlife species. Policv 4.3: The City shall. by 2002. identify the total acreage of wetlands and other sensitive habitats within the City. Policv 4.4: The Citv of Okeechobee shall. throu,gh the implementation of Policv 9.3 or the Future Land Use Element. designate all wetlands and other City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Conservation Element 2 0 0 • • environmentallv sensitive lands as Conservation on the Future Land Use Map by 2003. Objective 5: The Citv of Okeechobee wig -shall continue to manage hazardous wastes, establish criteria for identification of environmentally sensitive areas, and regulate land uses so as to preserve natural resources. Policy 5.1: By ' Septembef �-, 199-1-,-The City shall enforce provisions in its land development regulations will be evil a to ensure that new development, regardless of its location in the City, meets the following conditions: (a) does not degrade water quality in Taylor Creek; (b) does not threaten groundwater quality, particularly in the vicinity of municipal wells; (c) preserves existing wetland areas; (d) avoids the disturbance of natural drainage features; and (e) preserves habitat for endangered and/or threatened wildlife species. Policy 5.2: The City of Okeechobee -shall continue to cooperate with Okeechobee County in the development and implementation of a joint hazardous waste management program for the proper storage, collection, and disposal of hazardous wastes in order to protect its natural resources. The Comprehensive Plan will be amended as necessary to support this program. Policy 5.3: On an ongoing basis, the City w4shall continue to participate in the Department fEf nta Re la4 DEP's "Amnesty Days" program and any similar program undertaken by Okeechobee County to collect and safely dispose of hazardous wastes. The City will shall also continue coordination with the coordinate- with Okeee rebee—County in the establishment of a joint collection center for household hazardous wastes. City of Okeechobee EAR -based Comprehensive Plan Amendments Conservation Element 3 Adopted: March 19, 1991 Date: April 10, 2000 • • Intergovernmental Coordination Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To achieve greater governmental efficiency and resolve conflicts by coordinating development activities between the City of Okeechobee and Okeechobee County, and relevant regional, state, and federal entities. Objective 1: The City of Okeechobee shall continue to coordinate its Comprehensive Plan with Okeechobee County, the Okeechobee County School Board, and other relevant state or local agencies through the sharing of information and by seeking intergovernmental agreements. Policy 1.1: The City of Okeechobee shall continue to ensure coordination of activities in its Comprehensive Plan with plans of the Okeechobee CountySchool Board, Okeechobee County and other state or regional entities through regular exchange of information. This information shall include, but not be limited to. building permits, zoning cases, planned land use amendments, engineering plans, demographics, proposed annexation areas, socio-economic information, and utility service areas and capacity. Policy 1.2: The City of Okeechobee shall, at the least, annually provide text and future land use map updates of its Comprehensive Plan to adjacent local governments. Policy 1.3: The City of Okeechobee shall continue to request information and assistance as is feasible from local governments and Okeechobee County, including the County Comprehensive Plan and any Plan updates. Policy 1.4: The City of Okeechobee shall continue to notify the Okeechobee County Manager in writing of all proposed annexations. The City Administrator, or his designee, will meet with the Okeechobee County Manager, or his designee, to resolve any potential annexation conflicts or issues. Policy 1.5: The City of Okeechobee shall maintain a database of interlocal agreements which provides a listing of active formal agreements. This data/ database shall be updated at least every five years for the evaluation and appraisal report on the Comprehensive Plan. Policy 1.6: The City of Okeechobee shall, where practical, formalize all intergovernmental agreements within one year of the adoption of these • amendments, or by 2001. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 1 Objective 2: The City of Okeechobee shall maintain mechanisms to address development issues proposed in its Comprehensive Plan, affecting unincorporated Okeechobee County and other governmental jurisdictions. Policy 2.1: The City of Okeechobee shall continue to utilize the informal mediation process established by the Central Florida Regional Planning Council (CFRPC) to attempt to resolve land use conflicts with adjacent local vovernments. Policy 2.2: The City of Okeechobee shall continue to request that each of the entities analyzed in this element designate a representative to act as liaison to the City for the purpose of providing relevant information to be used in the planning and development review process. Policy 2.3: On request, the City Administrator and Planning Director, as liaisons. shall continue to provide and exchange information pertaining to significant proposed development among the appropriate local and regional agencies. Policy 2.4: For proposed development in the City which may, have extra -jurisdictional impacts due to its size, character or location, the City shall establish procedures for the review of comprehensive plans and comprehensive plan amendments which shall include: 1. Identifying intergovernmental issues and conflicts. 2. Identifying the impacts of capital projects listed in the Capital_ Improvements Element of the City of Okeechobee Comprehensive Plan upon the provision of basic services; and Determining the relationship of development proposed within the City of Okeechobee Comprehensive Plan to the development proposed in the Comprehensive Plan or Comprehensive Plan Amendments of Okeechobee County and/or adjacent municipalities. This shall include distributing a copy of relevant proposed plan amendments to adjacent local governments. Policv 2.5: The City of Okeechobee shall, at least annually, implement the procedures established in Policv 2.4. If anv issues or negative impacts are identified. the City shall implement Policv 2.1. Policv 2.6: The City shall periodically review applications to Okeechobee County for zoning changes, major development orders, or proposed County Future Land Use Map Amendments falling within the City of Okeechobee Planning Area. to ensure consistency with the City of Okeechobee's Comprehensive Plan. Objective 3: The City of Okeechobee shall continue to coordinate with FDOT and the Okeechobee Utility Authority, where appropriate, any change in established level of service standards for public facilities including?, at a minimum, all 10- City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 2 year updates of the Okeechobee County Comprehensive Plan, and 5-year . updates to the Okeechobee County Long -Range Transportation Plan. Policy 3.1: The City of Okeechobee shall coordinate establishing and changing roadway level of service standards with FDOT and shall inform Okeechobee County and any other appropriate governmental entities within the Okeechobee Planning Area of proposed changes in any level of service standards. Policy 3.2: The City of Okeechobee shall, when notified by other governrnental entities of changes in their level of service standards, review and comment on these changes. Objective 4: The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. Coordination shall take place annually and as new development is proposed in areas where the two Plans overlap. Policy 4.1: Comprehensive Plans and Resource Management Plan coordination shall take place to the extent that coordination is consistent with the principle that local governments and landowners alone should not be forced to bear public burdens which, in all fairness and justice, should be borne by the public as a whole, and would not result in inverse condemnation. 40 Policy 4.2: The City shall continue to coordinate with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins through the adoption of other objectives and policies contained in this element and the mutual exchange of information pertaining to development review so that the City may ensure that direct and irreversible impacts on environmental sensitive areas are minimized. Policy 4.3: By 2002, the City shall coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Objective 5: The City of Okeechobee shall cooperate in an effort with the School Board to ensure that the planning activities, services and facilities of the School Board are consistent with the City's Comprehensive Plan. Policy 5.1: The City of Okeechobee shall exchange data with the School Board regarding population projections and the School Board (5-year) facility plans as such data or plans are updated. Policy 5.2: The City of Okeechobee shall coordinate major residential project reviews (pursuant to Chapters 163 and 235, Florida Statutes) to consider joint • park/schools dedications to meet future demands. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 3 Policy 5.3: The City of Okeechobee and the School Board shall coordinate in their joint efforts to study and implement innovative methods, including park/school site dedications and contributions. as a means to address infrastructure needs associated with the City's growth. Policy 5.4: The Citv of Okeechobee shall provide input for the School Board in development projects potentially affecting the potential locations of new schools. Policy 5.5: The City of Okeechobee shall actively work toward developing and implementing a(n) interlocal agreement(s) with the School Board for the coordination of locating new schools and expanding or redeveloping existing school facilities. The School Board shall be encouraged to locate new educational facilities near urban residential areas where public infrastructure and services exist to support the new facilities. Policy 5.6: The City of Okeechobee shall advise and meet with the School Board as necessary, regarding all Plan amendments and proposed annexations that may affect school sites. Policy 5.7: The City of Okeechobee shall coordinate with the School Board regarding shared use of recreational facilities owned by either entity. In addition, the City shall consider all reasonable opportunities to collocate new parks. libraries, and other facilities with public schools. Policv 5.8: The City of Okeechobee, although not currently impacted. shall enter into any appropriate agreement with the State of Florida University Svstem or the School Board implementing the requirements of Section 240.155 (1 1-15), F.S.. regarding campus master plans. A consistency review of the campus master plans for non -state post -secondary institutions shall also be considered where a "campus" exists or is planned. Objective 6: The City of Okeechobee shall establish, maintain, and improve intergovernmental coordination for collaborative planning efforts including joint or extra -territorial services, changes to service or corporate limits, any joint committees for review of locally unwanted land uses, and re�zulator- concerns to ensure consistency with the Comprehensive Plan. Policv_ 6.1: The City shall encourage annexation of land where service delivetti, systems are available, where the formation of enclaves may be prevented. and where the land is adjacent to and consistent with the incorporated land's Comprehensive Plan. Policy 6.2: The City shall require infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the City's Comprehensive Plan. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 4 Policy 6.3: The City of Okeechobee shall coordinate with other jurisdictions, as appropriate, to establish a joint planning process and delineate the direction and extent of annexation for the planning period. Policv 6.4: The City of Okeechobee shall notify the appropriate enforcement agencies of any regulatory violations of which it becomes aware, and shall cooperate with those agencies in enforcing regulations. Policy 6.5: The City shall inform the County in a timely manner of proposed annexations. The City shall notify jurisdictions other than the County of proposed annexations when the affected area is within approximately one mile of the other jurisdictions' limits. Policy 6.6: The City shall draft a map of potential annexation areas, showing those areas first being considered for annexation, and the land uses envisioned to be assigned to these areas. The City shall distribute this map to the School Board, the County, and any other governmental entities to be impacted by these annexations. Policy 6.7: By 2002, the City shall review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for another 10-year period. Policy 6.8: The City shall coordinate with neighboring municipalities, if applicable, to ensure that each one has a copy of a map delineating the utility service planning area for their community for the planning period. Each municipality shall, annually thereafter, discuss the potential need for reassessing utility service area lines, if relevant, and share any official service area map updates. Each municipality shall also provide any official utility service planning area map updates to the County in order to ensure coordination for County utility and land planning. Policy 6.9: The City shall coordinate with the County regarding the use of the Okeechobee County Landfill relative to recycling and reduction of total wastes by weight. Objective 7: The City shall, upon adoption of this objective, coordinate the Comprehensive Plan with the School Board Five -Year Facilities Plan. Policy 7.1: Until such time as interlocal agreement is adopted by the City and the School Board, in accordance with the requirements of Chapter 163, Part II and Chapter 235, Florida Statutes, the following procedure shall be used to ensure intergovernmental coordination with the School Board for the location of educational facilities within the City: • City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 5 (a) Upon receipt of a written notice from the School Board informing the City of the acquisition or leasing of property- to be used for new - public educational facilities, the City shall notify the School Board within sixty (60) days as to the consistency of the site with the Comprehensive Plan; and (b) Subsequent to a request by the School Board for a Comprehensive Plan determination, the City shall determine the consistency with the Comprehensive Plan of any proposed educational capital improvement projects. Policy 7.2: Until such time as an interlocal agreement is adopted by the City and the School Board in accordance with the requirements of Chapter 163, Part II and Chapter 235, Florida Statutes, the following procedure shall govern the collaborative planning program and decision making concerning population projections and public school siting between the City and the School Board: (a) Upon receipt of the annual report specified in Chapter 235, Florida Statutes. wherebv the School Board would notifv the City of any additions to the School Board's Five -Year School Facilities Plan, the City shall respond to the receipt of said plan in accordance with Policy 7.1 of the Comprehensive Plan; and (b) The Citv shall coordinate population estimates and projections with the School Board as part of the review of the Five -Year School Facilities Plan. Policy 7.3: In order to address the extension of public facilities to existing or new schools, subject to concurrency, all expansions or new constriction of public, charter and private schools shall be subject to site and development plan review and approval. Policy 7.4: In order to coordinate the effective provision and siting of educational facilities with associated infrastructure and services within the City, representatives of the City and the School Board shall meet by the end of the year 2000 to develop mechanisms for coordination of educational facilities planning. Policy 7.5 The City shall focus on the following coordinating mechanisms when discussing the interlocal agreement, required by Chapter 163, Part II and Chapter 235, Florida Statues, with the School Board: (a) Coordinate the review of the annual update of the Capital Improvements Element of the City and the annual educational facilities report and Five -Year School Facilities Plan of the School Board, City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 6 • (b) Coordinate the review and assessment of the associated costs and expenditures of siting and developing schools with needed public infrastructure; • • (c) Coordinate the review of land uses that increase residential density; (d) Use a unified data base, including population forecasts (student population), land use, and facilities; and (e) Use recreational and physical plant facilities in a manner which fosters the coordination of use of the facilities consistent with their multi -function design. Policy 7.6: The City of Okeechobee shall use the Central Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The City may use alternative procedures whenever appropriate for the matter of imminent dispute, including agreements authorized by Section 163.3177, F.S., or other non judicial approaches. Policy 7.7: The City of Okeechobee shall maintain, as a particular area of attention in its planning program, a systematic review of the aesthetics and physical conditions between its boundary and those between unincorporated areas and other cities in an effort to improve the appearance of these areas and the compatibility and transition between the adjoining communities. Joint planning area agreements will be implemented if appropriate. Ciry of Okeechobee EAR -based Comprehensive Plan Amendments Intergovernmental Coordination Element %I Adopted: March 19, 1991 Date: April 10, 2000 • CJ Capital Improvements Element • Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee wshall continue to ensure that public facilities and services are provided, on a fair -share costs basis, in a manner which maximizes the use of existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee w4�-shall continue to use the Capital Improvements Element to schedule construction and identify funding sources for the City's capital facility needs in order, to accommodate existing; and future development, and to replace obsolete or worn-out facilities. Policy 1.1: Proposed capital improvements projects wi�shall continue to be ranked and evaluated according to appropriate policies adopted in other elements of the Comprehensive Plan. The following criteria will also be considered: (1) whether the proposed project will eliminate a public hazard; (2) whether the proposed project will eliminate capacity deficits, (3) local budget impacts; (4) locational needs based on projected growth patterns; (5) accommodation of new development or redevelopment; (6) financial feasibility; and (7) plans of state agencies or water management districts that provide facilities in Okeechobee. Policy 12: Beginningwith seal year 19 T-9?�-The City of Okeechobee shall continue to integrate its planning and budgeting processes such that expenditures which are budgeted for capital improvements recognize policies related to public facilities and services set forth in the Comprehensive Plan. Policy 1.3: In accordance with Policy 7.1 of the Sanitary Sewer... Element, the City will Ostia 'e fiin ing sour-eesfor-shall complete a stormwater management study to identify drainage deficiencies, and allocate any available funds for that purpose in its Administrative Operating Budget for fiscal year 1991 92 2000-2001. The 5-Year Schedule of Capital Improvements will be amended as soon as possible to include the study, its projected cost, and the identified revenue source(s). Policv 1.4: The Citv of Okeechobee shall identify its needs for public facility improvements, the revenues required for project funding and shall itemize • the costs for such projects in its 5-Year Schedule of Capital Improvements. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 1 Objective 2: The City of Okeechobee shall continue to coordinate land use decisions with the schedule of capital improvements in a manner that maintains the adopted level of service standards and meets existing and future needs. Policy 2.1: The Citv of Okeechobee shall continue to use the following level of service standards in reviewing the impacts of new development and redevelopment: Facility Level of Service Sanitary Sewer 130 Gallons/capita/day (see Policy 1.6 of Sanitary Sewer, Solid Waste, Drainage. Potable Water, and Natural Groundwater Aquifer Recharge Element Potable Water 114 gallons/capita/day ( see Policv 1.6 of Sanitary Sewer. Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element Solid Waste Average Solid Waste Generation • lilbs./person/day • at least 13 years available capacity in Okeechobee County landfill (see Policy 1.4 of Sanitary Sewer... Element) Principal Arterials C Minor Arterials & All Others D Recreation and Open Space 3 acres/1,000 persons rainage Interim Standard (see Policv ?. 5 or Sanitary Sewer.. Element) Design Storm • 2J-year storm i • 24-hour duration Facility Design Standards • as required by Florida Administrative Code (see Policy 1.5 of Sanitary Sewer... Element) Policy 2 2: Development orders and permits v i11-shall be granted only when required public facilities and services are operating at the established levels of service, City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 2 or wil- -shall be available concurrent with the impacts of the development. • Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process. Objective 3: In order to maintain adopted level of service standards, future development w14-shall bear a proportionate costs of necessary public facility improvements equivalent to the benefits it receives from the improvements. Policy 3.1: The City of Okeechobee wi14-shall continue to evaluate potential revenue available for public facility expenditures through alternative sources such as user fees, special benefit units, or special assessments. Policy 3?: The City of Okeechobee -shall continue to maintain adopted levels of service by using revenue sources considered under Policy 3.1 to ensure that new development pays a pro rata share of the costs of public facility needs which it generates. Policy 3.3: The City of Okeechobee w4-shall continue to continue to apply for and secure grants or private funds when available to finance the provision of capital improvements. Objective 4: The City of Okeechobee -shall continue to ensure the provision of 0 needed public facilities within the City limits. based on adopted levels of service as set forth in the Comprehensive Plan. Public facilities needs v44 shall be determined on the basis of previously issued development orders as well as the City's budgeting process and its joint activities with. Okeechobee County for the -planning, zoning, and coneurrency management. • Policy 4.1: Existing and future public facilities -shall operate at the levels of service established in this plan. Policy 4.2: Debt service will -shall not exceed 20% of annually budgeted revenues Policy 4.3: A five-year capital improvements program and annual capital budget wi44 shall be adopted as part of the City of Okeechobee's annual budgeting process. This program wi-Il-shall include the annual review, and revision as needed, of the Five -Year Schedule of Capital Improvements. Objective 5: The Citv of Okeechobee shall furnish meaningful opportunities for the School Board to have input and coordination in the Cit s development review process in order to assist the School Board in their provision of adequate and efficient schools. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 3 Policv 5.1: The City of Okeechobee and the School Board shall coordinate to ensure that schools are adequatelv and efficiently provided commensurate with growth. Kev coordinating mechanisms shall include: a) promotion of joint infrastructure park/school facilities when feasible: consideration of the adequacy and availability of educational infrastructure during appropriate review of development order applications; c) ensuring the provision of adequate infrastructure, on and off site. normally associated with new or expanded schools where consistent with state law- restrictions on expenditures by the School Board: (d) consideration of future inclusion of the School Board's Educational Plant Survev and Capital Improvement Program in the Comprehensive Plan Technical Support Documents (Data and Analvsis) to provide the public with accessible information and effective coordination regarding educational infrastructure: (e) seeking that anv new major residential development or redevelopment applicant submit information regarding projected school enrollments from the project; and request that the School Board submit site plan information for all timelv new schools. Citv of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 4 • E • 0 • Capital Improvements Implementation City of Okeechobee Comprehensive Plan Capital improvement needs identified in the Comprehensive Plan will be met through implementation of a 5-Year Schedule of Capital Improvements. This schedule is adopted by the City Council along with Goals, Objectives and Policies, and must be consistent with the Capital Improvements Element. The purpose of the Schedule is to ensure that the City has adequate revenues to implement the Comprehensive Plan. There are no existing deficiencies in the City of Okeechobee, although projections indicate that there will be a need for additional water and wastewater treatment capacity by 49-2005. Future studies may be conducted as a result of the Comprehensive Plan, which could identify capital improvement needs which are not currently apparent. Until these studies are completed, however, it is not possible to determine the impact of future needs for capital improvements. The 5-Year Schedule of Capital Improvements focuses on the capital outlay required to meet existing deficiencies and to maintain adopted level of service standards planned for public facilities in the Plan. The folloNving table summarizes the City of Okeechobee's capital improvements needs. 5-Year Schedule of Capital Improvements: 1990/91 through 100+i952000/01 to 2004/05 Project Schedule Location Projected Cost Revenue Source Consistency With Comprehensive Plan Water Treatment i 99? 93) Existing Plant y $5 million Revenue Policy 1.1, Plant Expansion 2002-03 Site Bonds Sanitary Sewer, Solid Waste, Drainage, Potable Wastewater ' o� Existing Plant $5 million Revenue Water„ and Natural Treatment Plant 2003-04 Site Bonds Groundwater Expansion Aquifer Recharge Element Source: Central Florida Regional Planning Council City of Okeechobee EAR -based Comprehensive Plan Amendments Capital Improvements Element Adopted: March 19, 1991 Date: April 10, 2000 r1 U • Comprehensive Plan Monitoring City of Okeechobee Comprehensive Plan Mareh 10 1992 The City of Okeechobee will monitor and evaluate its Comprehensive Plan through an Evaluation and Appraisal Report. The preparation of the report shall be consistent with the procedures outlined in Rule 9J-5.005(7), Florida Administrative Code, and Chapter 163.3191, Florida Statutes. Once the Comprehensive Plan is adopted, the Evaluation and Appraisal Report shall be prepared every five years. The City Council as the designated Local Planning .Agency shall orchestrate Comprehensive Plan monitoring. The first report shall be completed in 1996,2005, and shall achieve the following functions: A. Citizen Participation Before the Evaluation and Appraisal Report is submitted to the Department of Communitv Affairs, a public hearing shall be held to present the document to the citizens of the City of Okeechobee. The public hearing shall be held by the designated or contracted Planning Agencv and the City Council. The public hearing shall be advertised and copies of the report shall be on display at City Hall at least one week prior to the public hearing. B. Updating Data and Analysis and Measurable Objectives Appropriate baseline data, such as the decennial United States Census, shall be updated in the Evaluation and Appraisal Report. Major changes in the magnitude and distribution of land use information shall be presented and analyzed. C. Revietiv of Planning Effectiveness The Evaluation and Appraisal Report shall review the effectiveness of the Comprehensive Plan, describing the degree to which the goals, objectives and policies have successfully been attained. Obstacles or problems with implementation shall be identified. D. Identification of Future Planning Concerns The Evaluation and Appraisal Report shall contain new or modified goals, objectives and policies that correct deficiencies identified in the evaluation process. City of Okeechobee EAR -based Comprehensive Plan Amendments Comprehensive Plan Monitoring Adopted: March 19, 1991 Date: April 10, 2000 • • Concurr40 ency Management System City of Okeechobee Comprehensive Plan Alareh 1 1992 Overview of the Concurrency Management System Section 9J-5.0055, F.A.C.. requires local governments to prepare and adopt a Concurrency Management System (CNIS) as a mechanism to assist in the implementation of the goals, objectives, and policies of the Comprehensive Plan. The purpose of the CMS is to ensure that facilities and services needed to support development will be available concurrent with the impacts of such development. Prior to the issuance of a development order and development permits, the CMS must ensure that the adopted level of service standards required for the following facilities will be maintained: (a) Roads (b) Potable Water (c) Sanitary Sewer (d) Solid Waste (e) Drainage (f) Parks and Recreation is The CMS maintains a record of the existing levels of service and the expected impacts resulting from proposed development facility expansions, and other factors affectinsJ the level of service for a public facility. Although the re� lt h �implements -tre eenedFreney fequir-eynent will net be completed until Septembef 1, 1991, thent it,-olf't.,l.oI aYen Y Gempfehensive Plan-. • Requirements for Concurrency Upon adoption of this Comprehensive Plan, the City of Okeechobee -requires that all development meet the requirements of Concurrency, except for those developments that have been issued a development order or development permit by the City prior to this plan's adoption. The following standards meet the requirements for Concurrency, as established in Section 9J-5.0055(2), F.A.C.: Minimum Requirements. The City's Concurrency management system will ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, and will address the following items: (a) For potable water, sewer, solid waste, and drainage, at a minimum, provisions in this Comprehensive Plan ensure that he following standards will satisfy the Concurrency requirement: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date:.April 10, 2000 Concurrency Management System 1 (1) The necessary facilities and services are in place at the time a development permit is issued; or (2) A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or (3) The necessary facilities are under construction at the time a permit is issued: or (4) The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of Section 9J-5.0055(2)(a)1 - (2)(a)3, F.A.C. An enforceable development agreement may include, but is not limited to. development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee th at the necessary facilities and services will be in place when the impacts of the development occur. (b) For parks and recreation, the City of Okeechobee may satisfy the concurrency requirements by complying with the standards in Sections 9J-5.0055(2)(a)1 - (2)(a)4, F.A.C., or by complying with comprehensive plan provisions that ensure that the following standards will be met: (1) At the time a development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the development permit; or (2) The necessary facilities and services are guaranteed in an enforceable development agreement which required the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is nut limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. (c) For roads designated in the adopted plan, the City of Okeechobee may satisfv the concurrency requirement by complying with the standards in Sections 9J-5.0055(2)(a)1 - (2)(a)4 and Sections 9J-5.0055(2)(b)a and (2)(b)2, F.A.C. In addition, in areas in which the Citv of Okeechobee has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the city may satistti' the concurrency requirement for roads by the adoption and implementation of a concurrency management system based upon and adequate capital improvements program and schedule and adequate implementing regulations which, at a minimum, include the following provisions: 1. A capital improvements element and a five-year schedule of, capital improvements which. in addition to meeting all of the other statutory and rule requirements, must City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 2 be financially feasible. The capital improvements element and schedule of capital • improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program. 2. A five-year schedule of capital improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period under the local government plan's schedule of capital improvements, pursuant to Section 9J-5.016(4)(a)1, F.A.C. 3. A realistic, financially feasible- funding system based an currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit, and which public facilities are included in the five-year schedule of capital improvements. 4. A five-year schedule of capital improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. 5. A five-year schedule of capital improvements which must demonstrate that the actual • construction of the road and the provision of services are scheduled to commence in or before the third year of the five-year schedule of capital improvements. 6. A provision that a plan amendment would be required to eliminate, defer or delay construction of any road which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of improvements. 7. A requirement that, in conjunction with the Capital Improvements Element, the city ensures that development orders and permits are issued in a manner that will assure that the accessary public facilities and services will be available to accommodate the impact of that development 8. A provision that a monitoring system will be adopted which enables the city to determine whether it is adhering to the adopted level of service standards and its schedule of capital improvements and that the city has a demonstrated capability of monitoring the availability of public facilities and services. 9. A clear designation within the City of Okeechobee Comprehensive Plan of those areas within which facilities and services will be provided by the city with public funds in accordance with the five-year capital improvements schedule. (d) In determining the availability of public facilities or services, a developer may propose, and 40 the City of Okeechobee may approve, developments in stages or phases so that public City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 3 facilities and services needed for each phase will be available in accordance with the standards required by Sections 9J-5.0055(2)(a), (2)(b) and (2)(c), F.A.C. (e) For the requirements of Sections 9J-5.0055(2)(a), (2)(b) and (2)(c), F.A.C., the City of Okeechobee must develop guidelines for interpreting and applying level of service standards to applications for development orders and permits and determining when the test for concurrence must be met. 'Me latest point in the application process for the determination of concurrency is prior to the approval of an application for a development order or permit which contains a specific plan for development, including the densities and intensities of the development. Issuance of Development Orders or Permits The CMS will ensure that all development can meet the requirements for concurrence prior to the issuance of a local development Order Or Permit. All applicants for development orders or permits will be required to provide all information deemed necessary by the city so that the impacts of the proposed development may be assessed accurately. Once the city has determined that a proposed development meets the requirements for concurrence, and has issued a city development order or permit, the city will not revoke that development order or permit because of a subsequent facility capacity deficiency unless the proposed development would cause unhealthy or unsafe conditions, or unless the proposed development was issued a development Order or permit under erroneous information supplied by the proposed developer, or unless the proposed developer fails to meet the conditions of approval of the development order or permit once construction has begun. In this latter situation, certificates of occupancy may also be denied. The City will establish expiration dates for development orders, development permits, and for the reserved capacity of public facilities allocated to specific development orders or permits as required by concurrence. The City of Okeechobee will annually determine the available capacity for public facilities for which the city has operational or maintenance responsibility, and for state and federal roads. Owners or operators of public facilities not operated, maintained or owned by the city will supply the city with available capacity information annually, or as otherwise reasonable depending on development activity that requires the use of such facility. Applicable Goal, Objective and Policy Statements Supporting Concurrence The following are policy statements of the City of Okeechobee Comprehensive Plan which establish the basis for the CMS. These policies address the requirements for concurrency and the establishment of levels of service. Other policies address mechanisms by which capital improvements necessary to maintain concurrency may be funded. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 4 • • 0 • Future Land Use Element Policy 1.1: Approval of development proposals will be conditioned on tile availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards [93-5.006(3)(c)3]. Policy 1.2: The City of Okeechobee will ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a Concurrency Management System [9J-5.006(3)(c)3]. Traffic Circulation Element Policy 4.3: As part of its Concurrency Management System, the city will notify FDOT when any proposed development would reduce levels of service on US 441 and SR 70 below adopted minimums (9J-5.007(3)(c)l]. Policy 7.1: Minimum peak hour operating levels of service for the City of' Okeechobee shall be consistent with those set forth in the Florida Highwav Svstem Plan, Level of Service Standards and Guidelines Manual as outlined below [9J- 5.007(3)(c)1]: Facility Type RuraUIIrban With Population Less Than 50,000 Principal Arterials C Minor Arterials D [All Other Roadways D Policy 7.2: The city's Concurrency Management System will use minimum level of service standards adopted in Policy 7.1 in assessing whether the transportation impacts of proposed new developments are acceptable [9J- 5,007(3)(c)1]. Sanitary Sewer Solid Waste, Drainage, Potable Water and Natural Groundwater Aqu,fer Recharge Element Policy 1.1: The City of Okeechobee -shall adopt the following minimum level of service standards to be used to determine the availability of facility capacity and the demand generated by development (91-5.011(2)(c)2]: 11 FACILITY LEVEL OF SERVICE 11 • (anitaryr Sewer Average Sewer Demand of User Population •130 gallons per capita per day City of Okeechobee EAR -based Comprehensive Plan Amendments Concurrency Management System Adopted: March 19, 1991 5 Date: April 10, 2000 otable Water Average Daily Water Demand • 114 gallons per capita per day olid Waste Disposal Average Solid Waste Generation • 13 lbs. per capita per day • at least 3 vearscapacity- available in Okeechobee County landfill :ainage/Stormwater Interim Standard (See Policy 1..5) anagement Design Storm • 25-year frequency • 24-hour duration Facility Design Standards • as required in F.A.C. Policy 1.2: The City of Okeechobee wi44—shall _ensure that all improvements for replacement, expansion, or increase in capacity of facilities W4 -shall be compatible with the adopted level of service standards for that facility (9J- 5.011(2)(c)1]. Recreation and Open Space Element Policy 3.1: The minimum level of service for recreational lands in the City_ of Okeechobee shall be 3 acres per 1,000 residents (9J-5.014(3)(c)4]. Intergovernmental Coordination Element Policy 3.1: The City of Okeechobee will encourage and participate in the development of county -wide level of service standards with Okeechobee County and any other municipalities which may be established within the county so as ensure the provision of required public facilities in a uniform manner [9J- 5.015(3)(c)5]. Capital Improvements Element Policy 2.1: The City of Okeechobee will use the followinz level of service standard reviewing the impacts of new development and redevelopment: FACILITY LEVEL OF SERVICE Lary Sewer le Water City of Okeechobee EAR -based Comprehensive Plan Amendments Concurrency Management System d 130 gallons/capita/day 114 gallons/capita/dav Adopted: March 19, 1991 Date: April 10, 2000 • • olid Waste • 13 lbs./capita/day • at least 3 years' capacity available in Okeechobee County landfill Principal Arterials C Minor Arterials & All Others D ecreation and Open Space 3 acres/1,000 persons Drainage Management Interim Standard • 25-year frequency • Facility Design Standards as required in F.A.C. [9J-5.016(3)(c)4] Policy 2.2: Development orders and permits will be granted only when required public facilities and services are operating at the established levels of service, or will be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process [9J-5.016(3)(c)6]. • Public Facility Capacity and Level of Service Inventory. As part of its CMS, the City of Okeechobee will be responsible for the collection and maintenance of an inventory of all public facilities and services subject to the concurrency requirements of Section 9J-5.0055, F.A.C. The inventory will be based on the most recently available information, and will be used to monitor the adopted level of service standards and to determine public facility capacity. This information will be made available to the public; and updated annually by October 1 of each year. The following inventories w 1-shall be maintained by the City of Okeechobee in order to evaluate the concurrency requirements of proposed development and expansions to an existing development and to assess existing and future capacity of public facilities and services: Traffic Circulation The City of Okeechobee will -shall maintain an inventory of the level of service on road segments within its jurisdiction for which level of service information is available. The existing level of service for these segments will be based on the most recent available traffic count: information from the Florida Department of Transportation, Okeechobee County, or other reliable source for each segment. Traffic count data and level of service standards -shall be updated yearly or as new information becomes available. The inventory -shall, at a minimum, include the following: is City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 7 (d) Adopted level of service standards for roadway facilities. (e) Existing capacities and deficiencies on roads for which level of service information is available. (fl Capacity reserved for approved but unbuilt development. (g) The projected reductions in level of service attributable to approved but unbuilt development. (h) Any increase in capacity due to scheduled or recently completed road improvements within the City's jurisdiction which are not reflected in the latest traffic count or level of service information or improvements to be made by other public agencies or in conjunction with approved development. Potable Tfater An inventory of the City's potable water system wil-shall , at a minimum, include the following: (a) The adopted level of service standard for potable water capacity. (b) Existing design capacity and system deficiencies. (c) Capacity reserved for approved but unbuilt development. (d) The projected reductions in level of service attributable to approved but unbuilt development. (e) Any improvements or expansions made in the current fiscal year to the system by the City or by a developer under conditions set forth in an approved development order, and the impact on existing capacities or deficiencies. Sanitary Se -vier An inventory of the Citv's sanitary sewer system w44-shall, at a minimum. include the following: (a.) The adopted level of service standard for sanitary sewer capacity. (b) Existing design capacity, and system deficiencies. (c) Department of Environmental Regulation permitted capacity. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 8 (d) Capacity reserved for approved but unbuilt development. • (e) The projected reductions in level of service attributable to approved but unbuilt development. • • (f) Any design improvements or increases in permitted capacity made in the current fiscal year, and the impact on existing capacities or deficiencies. Solid Waste Disposal An inventory of the City's solid waste disposal system w4l�-shall, at a minimum, include the following: (a) The adopted level of service standard for solid waste disposal. (b) Existing and projected design capacities of all applicable solid waste disposal facilities. (c) The projected life of all applicable solid waste disposal facilities. (d) Capacity reserved for approved but unbuilt development. (e) The projected reductions in level of service attributable to approved but unbuilt development. (� Any increases in the design capacities of solid waste disposal facilities, and the impact on existing capacities or deficiencies. Drainage An inventory of the City's drainage facilities shall, at a minimum, include the following: (a) The adopted level of service standard for drainage. (b) The existing level of service measured by storm event, if available. (c) Any existing or proposed drainage improvement that will affect the capacity of the City's drainage facilities. Recreation and Open Space An inventory of the City's's recreational sites and facilities shall, at a minimum, include the following: City of Okeechobee EAR -based Comprehensive Plan Amendments Concurrency Management System 9 Adopted: March 19, 1991 Date: April 10, 2000 (a) The existing number of acres of recreational land. (b) The adopted level of service standard for recreation. (c) Existing recreation surpluses or deficiencies based on the adopted level of service standard. (d) Capacity reserved for approved but unbuih development. (e) The projected reductions in level of service attributable to approved but unbuilt development. (f� Any increases in recreational land open to public use in the current fiscal year, and the impact on existing capacities or deficiencies. Concurrency Monitoring System In addition to maintaining an inventory of public facilities and services, the City of Okeechobee will also be responsible for maintaining a record of public facility and service capacities or volumes which are committed for approved developments as a result of development orders issued by the City. If service is provided by an entity other than the City, this will require coordination between the service provider and the City_ in order to maintain an accounting system which accurately tracks approved developments. Accountability will be established by reserving capacity from the total available capacity for all approved development orders. Once capacity has been reserved for a specific development project. it cannot be reassigned prior to the expiration of that project's development order or permit. Capacity reservations will be renewed yearly in order to be accounted for in the annual budgetary process. tlpon the expiration of an approved development order with concurrence standing where development has not taken place, or which the City has determined to have been abandoned by the applicant. the capacity reservation allocated to the proposed development will become void The previously reserved capacity will then become available to other proposed developments. A priority waiting list will be established for the purpose of allocating this capacity. When determining how much capacity is available for proposed developments, the City will take into account all capacity that has been reserved for approved development orders. Concurrency Assessment The Okeechobee City Council will be responsible for determining whether concurrence will be met when it considers applications for development orders for final site plans and,�or final subdivision plans. When reviewing applications for development orders, the Commission or its designee will perform an assessment to determine whether public facilities will be available concurrent with the impacts of the proposed development. A facility inventory, as outlined above, will be used as the basis for establishing existing conditions. The ability of existing public facilities to service new development will be determined based on the following criteria: City of Okeechobee EAR -based Comprehensive Plan Amendments Concurrency Management System 10 .Adopted: March 19, 1991 Date: April 10, 2000 • • • a) The ability of existing facilities to accommodate the proposed development at the adopted level of service. b) Existing facility deficiencies which will need to be corrected prior to the completion of the proposed development. c) Facility improvements or additions needed to accommodate the impacts of proposed development at the adopted level of service standard. d) The date facility improvements or additions need to be completed in order to maintain the adopted level of service for the public facilities affected by the proposed development. Uty of Ukeechobee EAR -based Comprehensive Plan Amendments Concurrency Management System 1 1 Adopted: March 19, 1991 Date: April 10, 2000 • 0 • 0 Population Projections City of Okeechobee Comprehensive Plan Mareh 191991 •. _ id WOW .. ••• ge- - • • ':- _ U. �- • ••• • o miry or Ukeechobee EAR -based Comprehensive Plan Amendments Population Projections Adopted: March 19, 1991 Date: April 10, 2000 The population of the Citv of Okeechobee increased by approximately 1 4% annuallv since 1970. as shown in Table 1. US Census figures showed a population of 3 715 in 1970 while the 1990 population was estimated to be 4.770. As the projected population figures suggest substantial amounts of land was needed for future growth. Table 1 Population Growth -Okeechobee 1970-2000 Year Permanent Population Average Yearlv Growth 1970 3,715 - 1980 4,225 1.4% 1990 4,770 1.3% 1995 4,923 0.6% 2000 5,086 0.7% Source: Projection of Population Households and Income in Central Florida Florida Applied Demographics. February 1990. According to updated census information, the population of the Citv of Okeechobee was 4.943 in 1990. The estimated population in 1995 was 5.069. Between the 1980 and 1990 Census the population of the Citv increased by 17%. Table 2 below shows projected population figures to 2010. Table 2 Estimated and Projected Population: 1990-2010 Year Population 1990 4,943 1995 5,069 2000 5.168 2005 5.271 2010 5,361 Source: Bureau of Economic and Business Research. Universitv of Florida. April. 1998: Population by Aae. Preliminary Estimates and Proiections. The oroiected population (Table 1) versus the actual population (Table 2) was rather accurate when compared to the 1990 U.S. Census data. The projected population in 1990 showed a population of 4.770. The actual population was 4.943. A deviation of 173 people is insignificant. Based on the projected population and its use in determining the required acreage needed to accommodate the existing and anticipated population, there were no problems with the allocation of land to meet the demonstrated needs of the City. Plan objectives that were not reached had more to do with the lack of resources. Overall the Citv was in a good position to meet the needs of its population. Furthermore. Table 2 (dated) is based upon the medium range population projections provided by BEBR. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Population Projections 2 �J • Comprehensive Plan Public Participation Procedures City of Okeechobee Comprehensive Plan lu. reh 191991 LEGAL REQUIREMENTS Chapter 163.3181, Florida Statutes, as amended, and Chapter 9J-5, Florida Administrative Code, require the local governing body and designated or contracted local planning agency to adopt procedures to provide for and encourage public participation in the comprehensive planning process. These procedures must include: Provisions to notify real property owners of official actions that will afl:ect the use of their property. 2. Provisions to keep the general public informed throughout the planning process. 3. Provisions to assure that the public has opportunities to provide written comments. 4. Provisions to assure that required public hearings are held. 5. Provisions to assure the consideration of and response to public comments. • AGENCIES AND THEIR ROLES In most jurisdictions, two separate entities are involved in providing the Comprehensive Plan. Their respective roles can be summarized as follows: Local Planning Agency The Local Planning Agency (LPA) is established by ordinance or contracted by the local governing body. It has the responsibility to propose changes or review proposed changes to ordinances and plans related to land use and comprehensive planning, and make recommendations to the City Council. The zn general duties and responsibilities of the LPA are: To prepare the Comprehensive Plan and make recommendations to the local ,governing body regarding the adoption of the amendment to the Plan; 2. To conduct a public hearing prior to the recommendation of the local governing body for the adoption or amendment of the Comprehensive Plan or any element of the Plan: City of Okeechobee EAR -based Comprehensive Plan Amendments Public Participation Procedures Adopted: March 19, 1991 Date: April 10, 2000 1 3. To monitor and oversee the effectiveness and status of the Comprehensive Plan and make recommendations to the local governing body for any changes to the Plan which may be required, 4. To evaluate and appraise the Comprehensive Plan and prepare reports as required by Chapter 163.3191. Florida Statutes; 5. To review amendments to the land development regulations, which implement the Comprehensive Plan and make recommendations to the local governing body as to the consistency of the proposal with the adopted Comprehensive Plan; and 6. To perform any other functions, duties and responsibilities assigned by the local governing body. Ordinarily, a planning and zoning board or commission serves as Local Planning Agency for the jurisdiction. However, as the City of Okeechobee has no such board, the legal status of Local Planning Agency is held by City Council, although some of the LPA's review functions during the comprehensive planning process have been carried out by an ad hoc Citizens Advisory Committee. Local Governing Body The Okeechobee City Council has the legislative responsibility for the adoption of the Comprehensive Plan. The general duties and responsibilities of the local governing body as they relate to the comprehensive planning program are: To adopt and amend the Comprehensive Plan; 2. To conduct a minimum of two (2) public hearings prior to the adoption or amendment of the Comprehensive Plan or any element of the plan; 3. To appropriate funds for salaries, fees, and expenses necessary to produce the Comprehensive Plan; 4. To approve and submit the approved Evaluation and Appraisal Report to the Florida Department of Community Affairs as required by Chapter 163.3191, Florida Statutes: and 5. To adopt land development regulations, land development codes, and amendments thereto that are consistent with the adopted Comprehensive Plan. PUBLIC PARTICIPATION PROCEDURE To ensure that the public has adequate opportunities to participate in the comprehensive planning process, the following procedures have been adopted: City of Okeechobee EAR -based Comprehensive Plan Amendments Public Participation Procedures Q Adopted: March 19, 1991 Date: April 10, 2000 • r� U • 1. The Local Planning Agency will hold public workshops or meetings to solicit the views, opinions, ideas, and concerns of the public in relation to the Comprehensive Plan. 2. The Local Planning Agency will hold a minimum of one (1) public hearing for the purpose of receiving public comments prior to recommending the adoption of the Comprehensive plan or any element or portion thereof. 3. The Local Governing Body will hold a minimum of two (2) public hearings prior to the adoption of the Comprehensive Plan or element or portion thereof. 4. As they are scheduled, public workshops, meetings, and hearings will be advertised in a local newspaper of general circulation, and by posting of a notice at City Hall. Notices will include the date, time, place, and purpose of the meeting, workshop or hearing. 5. The public may submit written comments about the comprehensive plan or element or portion thereof to the chairman of the Local Planning Agency c/o City Hall. All ZD verbal and written comments will be recorded and duly considered prior to the adoption of the Comprehensive Plan or element or portion thereof. 6. As they become available, summaries of Comprehensive Plan documents will be available for public inspection at the office of the City Clerk during normal business hours. These procedures shall be forwarded during consideration of all amendments to the Comprehensive Plan and preparation of evaluation and appraisal reports. City of Okeechobee EAR -based Comprehensive Plan Amendments Public Participation Procedures 3 Adopted: March 19, 1991 Date: April 10, 2000 • n Consistency with the State Comprehensive Plan City of Okeechobee Comprehensive Plan Mare 191991 The City of Okeechobee's Comprehensive Plan is consistent with and furthers the goals and policies of the State of Florida Comprehensive Plan, Chapter 187, Florida Statutes. The following table illustrates those State Comprehensive Plan goals and policies that are addressed in the Comprehensive Plan. Comprehensive Plan Consistenev with Sitnte CmmnrPhvncivP Plan State Comprehensive City of Plan Policies Okeechobee Comprehensive Plan Policies Housing 5(b)1: Estimates of housing discrimination HO 1.4, 1.5 5(b)2: Promoting de institutionalization HO 5.1 5(b)3: Increasing supply of low/moderate income HO 1.2, 1.4, 4.1, 4.2 housing 5(b)4: Eliminate unnecessary regulation HO 1.2, 1.3 Water Resources 8(b)1: Ensure quality of drinking water supplies y LU 2.2, 5.3 CO 2.2 SS 9.1, 92 8(b)2: Protect functions of recharge areas SS 9.1 8(b)5: Ensure compatibility of development with CO 2.2 water supplies SS 1.1, 1.2, 1.5, 4.1 8(b)8: Encourage floodplain management LU 1.4, 2.2 SS 6.1 8(b)9: Protect aquifers from depletion or LU 2.2, 5.3 contamination CO 2.1, 2.2 SS 9.1 8(b)10: Protect surface & groundwater CO 2.3, 2.4 quality/quantity SS 9.1 8(b)11: Promote water conservation SS 8.1, 8.2, 8.3 Natural Systems & 10(b)1: Conserve natural resources CO 3.1, 3.2, 4.2, 5.1 Recreational Lands 10(b)2: Provide public lands for recreation/ RO 2.1, 2.2 conservation 10(b)3: Protection of endangered species CO 3.2, City of Okeechobee Adopted: ]March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Consistency with State Comprehensive Plan 1 10(b)7: Protect/restore wetlands CO 5.1 10(b)11: Provide recreation opportunities in RO 1.1, 1.2, 2.1 urban areas 10(b)13: Encourage use of public/private funding RO 2.2, 5.1 for recreation Air Qualitv 11(b)2: Ensure optimum air quality in new CO 1.1 developments Hazardous & Non- 13(b)10: Encourage coordination of CO 52 hazardous Materials intergovernmental waste management efforts Land Use 16(b)l: Promote efficient urban development LU 1.1, 1.2 patterns 16(b)3: Encourage mixed use development LU 8.1 Public Facilities 18(b)3: Allocate facility costs on a fair -share CI 3.2 basis 18(b)6: Use innovative financing techniques Cl 3.1 18(b)7: Encourage use of capital improvement Cl 4.3 plans 18(b)9: Identify & use stable revenue sources Cl 3.1, 3.3 Transportation 20(b)6: Promote timely resurfacing/repair of y TC 1.1 roads 20(b)13: Coordinate transportation TC 3. L 3.'14.1 4.3 improvements with state, local and regional plans Governmental 21(b)l: Encourage cooperation between & I l.I, 1.3, 2'.2. 2._3 Efficiency among all levels of government LU = Future Land Use HO = Housing CO = Conservation IG = Intergovernmental Coordination City of Okeechobee EAR -based Comprehensive Plan Amendments Consistency with State Comprehensive Plan TC = Traffic Circulation SS = Sanitary Sewer, Potable Water, etc. RO = Recreation & Open Space Cl = Capital Improvements 2 Adopted: March 19, 1991 Date: April 10, 2000 • List of Definitions City of Okeechobee Comprehensive Plan Affordable Housing: Housing costs that, on a monthly basis, required rent or mortgage payments of no more than 30% pefeent of the monthly gross income of a low- to moderate -income family as defined below. Aquifer: A water -bearing stratum of permeable rock, sand, or gravel. Arterial Road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. (§9J-5.003 F.A.C.) Availability or Available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum, the facilities and services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2), Florida Administrative Code. (§9J-5.003 F.A.C.) Available Capacity of Public Facilities: Unused or unallocated portion of the total. capacity of a public facility (i.e., potable water, sanitary sewer or road system) based on current levels of demand, to be considered through the Concurrency Management System for the permitting 0 of new development. r� U Bicycle and Pedestrian Facilities: Any road, path or way which is open to bicycle or foot travel and from which motor vehicles are excluded. Blighted Areas: Developed areas which have deteriorated through neglect or abandonment and which could benefit the community if redeveloped. y Building: A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, packing house, or similar structure. Buildings nnav refer to a historically or architecturally -related complex, such as a house_ of -jail, or a -barn. Capital Budget: The portion of each local government's budget which reflects capital improvements scheduled for a fiscal year. (§9J-5.003 F.A.C.) Capital Improvements: Physical assets constructed or purchased to provide, improve or replace a public facilities and which are large-scale and high in costs. The cost of a capital improvement is generally nonrecurring and may require multi -year financing. For the purpose of this rule, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements. (§9J-5.003 F.A.C.) City of Okeechobee EAR -based Comprehensive Plan Amendments List of Definitions Adopted: March 19, 1991 Date: April 10, 2000 Collector Road: A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads. (§9J-5.003 F.A.C.) Comprehensive Plan: Any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended. (§380.031, F.S.) Concurrency: The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. (§9J-5.003 F.A.C.) Concurrency Management System: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development. (§9J-5.003 F.A.C.) Concurrent with the Impacts of Development: Pursuant to §9J-5.0055(2), concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued: or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of development occur: or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined. For recreation facilities, concurreney may also be met by adherence to §9J-5.0055(2)(b). For roads, concurrency may also be met by adherence to §9J-5.0055(2)(c). Conservation, Rehabilitation and Demolition of Housing Units: Work efforts undertaken by the City to keep existing dwelling units in a standard condition, repair/renovate units which are in substandard condition. and remove those which cannot be returned to standard condition. Consistency: Comprehensive plans are considered to be consistent with each other when land uses, proposed land uses, and impacts from proposed development are compatible with. or not in conflict with, land uses, proposed land uses or impacts from proposed development in an adjacent city, or county. Currently Available Revenue Sources: An existing source and amount of revenue presently available to the local government. It does not include a local government's present intent to increase the future level or amount of a revenue source which is contingent on ratification by public referendum. (§9J-5.003 F.A.C.) Density: The average number of families, persons or dwelling units per unit of land, usually expressed "per acre." "Density Control" is a limitation on the occupancy of land. and is generally implemented through zoning. Specific methods include use restrictions, such as single or multiple family dwellings, minimum lot -size requirements, floor area ratio, setback or vard requirements, minimum house size requirements, lot area requirements, or other City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan .Amendments Date: April 10, 2000 List of Definitions 2 • • means. "Density Transfer" permits unused allowable densities in one area to be used in another area. The average density over an area or parcel remains constant., but internal variations are allowed. "Net density" refers to number of units per buildable acre of land, excluding supporting facilities such as subdivision road right-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of all development (e.g., clubhouse or golf course). "Gross density" refers to the overall number of units per acre in a development including all supporting facilities. Developer: Any person, including a governmental agency, undertaking any development. (§380.031 F.S.) Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. The following activities or uses shall be taken to involve "development:" A reconstruction, alteration of the size, or material change in the external appearance of structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of drilling except to obtain soil samples, mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land. The following operations or uses shall not be taken to involve "development"; Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights -of -way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 3 structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. "Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context. "development" refers to the act of development or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. (§380.04 F.S.) Development Capacity: An element of Concurrency Management System, addressing the ability of public facilities to absorb development that has not been built, or that has not been completely built out, and that therefore has not impacted, or fully impacted, existing public facilities. The availability of public facilities to accommodate future development, in order to maintain an established level of service, will take into account this vested but currently unused or underutilized capacity. Development Order: Any order granting, denying, or granting with conditions an application for a development permit. (§380.031 F.S.) Development Permit: Includes any building permit, zoning permit, plat approval , or rezoning, certification, variance, or other action having the effect of permitting development. §380.031 F.S.) Development of Regional Impact (DRI): The term "development or regional impact." means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. Development Site: One or more parcels of land unified under common ownership which constitute the entire area of development shown on a site plan or subdivision plat. Development site must include all land needed for parking, retention areas, internal access roads or driveways. landscaping, and other physical design features needed to serve the proposed development. Direct Site Transfer: Donation of land and/or facilities by a developer to local government for the purpose of providing additional services needed as a result of a proposed development. Drainage Facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures. and retention structures. (§9J-5.0033 F.A.C.) Dwelling Unit: A structure or mobile home in which occupants live and eat separately from anyone else, and have direct access to the outside (e.g. to a hallway or street) of the unit. Easement: A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, or to allow access to another property. A property City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 4 • • owner may also sell or dedicate to the government the development rights for all or part of • a parcel, thereby taking the land open for conservation, recreation, scenic or open space purposes. Endangered and Threatened Wildlife: Animal species listed by the Florida Department of Agriculture and Consumer Services, the Florida Game and Fresh Water Fish Commission, or the United States Fish and Wildlife Service as endangered, threatened, or of special concern. Environmentally Sensitive Areas: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services, the Florida Game and Fresh Water Fish Commission, or the United States Fish and Wildlife Service as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by these agencies as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection. F.A.C.: Florida Administrative Code. Fair -Share Cost Basis: Refers to the provision of public facilities using financing; mechanisms which ensure that new development pays a proportionate share of the costs to the city which it generates. Federal Uniform Relocation Act: A Federal statute and regulations which applies to all Federal or federally -assisted activities that involve the acquisition of real property or the displacement of persons, including displacements caused by rehabilitation and demolition activities. The purpose of the Uniform Act is to ensure that owners of real propertyto be acquired for Federal and federally -assisted projects that are treated fairly and consistently... and to ensure that persons displaced as a direct result of Federal or federally -assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole... (49 CFR Part 24) Foster Care Facility: A facility which houses foster residents and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents and serving either children or adult foster residents. (§9J-5.0033 F.A.C.) Florida Master File: The State's clearinghouse for information on archaeological sites, historical structures, and field surveys for such sites. A combination of both paper and computer files, it is administered by the Bureau of Archaeological Research, Division of Historical Resources, Florida Department of State. • F.S.: Florida Statutes. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 5 Goal: The long-term end toward which programs or activities are ultimately directed. (§9J-5.0033 F.A.C.) Group Home: A facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult Congregate Living Facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs, fraternities. sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters. (§9J- 5.0033 F.A.C.) Growth Management Act: Chapter 163, Part II, Florida Statutes. known and cited as the -Local Government Comprehensive Planning and Land Development Regulation Act". Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration. or physical, chemical, or infection characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise manaued. (§9J-5.0033 F.A.C.) Historic Resources: Historically significant structures or archeological sites. Historically Significant Housing: See Historically significant structures. Historically Significant Structures: Structures listed on the National Register of Historic Places. the Florida Master Site File, or otherwise designated by official action as historic and worthy of recognition or protection. In -Lieu -of Fees: Fees paid to local governments by a developer to fund the provision of certain facilities or services (i.e.. parks, schools) needed as a result of a proposed development. Incompatible Land Uses: Land uses which, if occurring adjacent to one another. have a detrimental effect on one or both of the uses. Infrastructure: Those man-made structures which serve the common needs of the population. such as: sewage disposal systems; potable water systems; potable water wells servin�o a system; solid waste disposal sites or retention areas: stormwater systems: utilities, piers: docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; Causeways" marinas; navigation channels: bridges; and roadways_ (§9J-5.0033 F.A.C.) Intensity: A measure of the concentration of activity on land. Frequently confused with density, intensity has a broader though somewhat inexact meaning, referring to levels or degrees of activity in uses such as residential, commercial, industrial. recreation, or parking. For example, a shopping center is a far more intensive use than a convenience store. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 6 • Land Development Regulations: Includes local zoning, subdivision, building, and other regulations controlling the development of land. (§380.031 F.S.) Land Use Compatibility Standards: Criteria to be provided in the Land ]Development Regulations for determining the compatibility of adjoining land uses or proposed development types. Level of Service (LOS): An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. (§9J-5.0033 F.A.C.) Local Road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property. (§9J-5.0033 F.A.C.) Low and Moderate Income Families: "Lower income families" as defined under the Section 8 Assisted Housing Program, or families whose annual income does not exceed 80 percent of the median income for the area. The term "families" includes "households". (§9J-5.0033 F.A.C.) Maximum Efficiency of Use: Relative to potable water and sanitary sewer facilities, the degree or quantity of user demand which maximizes utility revenues collected without: creating the need for public investment in additional capacity. Minerals: All solid minerals, including clay gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soil or waters of the state. (§9J-5.0033 F.A.C.) Mitigation: A process designed to prevent adverse impact of an activity on natural resources. Mitigation may include the recreation on -site or off -site of natural resources that have been altered or destroyed by development or agricultural activity. Mobile Home: A preconstructed dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If manufactured after June 15, 1976, each section must bear a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards. Mobile homes shall be used for single-family residential purposes only and shall be licensed pursuant to Chapter 320, F.S. In the event a mobile home becomes ineligible for a title certificate under Chapter 319, F.S., it shall no longer be considered a mobile home. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 7 National Register of Historic Places: Established by Congress in 1935, the National Register of Historic Places is a listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior. Natural Drainage Features: The naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands. (§9J-5.0033 F.A.C.) Natural Groundwater Aquifer Recharge Areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable ground water supplies. Natural Resources: Land, air, surface water, drinking water supplies, fish and their habitats, wildlife and their habitats, biota, and other such resources. Natural Vegetation: Vegetative communities that are native to, and therefore tolerant of, a particular geographic location. Non -Attainment Area: A geographical area in which ambient air quality falls below Federal standards, per the Clean Air Act, as amended, and implementing regulations. Nonconforming Structure: Structure which does not comply with current land use regulations relating to size, setbacks, or building design, but does not meet those standards in effect at the time of construction. A nonconforming structure cannot be rebuilt, replaced or enlarged_ except as provided in the land development regulations. The presence of a nonconforming structure on a parcel of land does not allow the reestablishment of a nonconforming use which has been abandoned or eliminated. Nonconforming Use: Land use or activity which is prohibited under the current provisions of the Comprehensive Plan or land development regulations, but complied with those requirements in effect at the time it was established. Such uses may continue indefinitely, except where land development regulations require their elimination. In order to qualify as nonconforming, a use must have been continuous or have followed a regular seasonal pattern of activity without ceasing for a continuous period of longer than six months. Nonconforming use,,, shall not be expanded, enlarged or increased in any manner, except as provided in the land development regulations. Once a nonconforming use is abandoned or eliminated, associated land or structures shall be used only in accordance with the adopted Comprehensive Plan and current requirements of the land development regulations. Objective: A specific, measurable, intermediate end that is achievable and marks progress toward a goal. (§9J-5.0033 F.A.C.) 100-Year Flood Elevation: Maximum elevation of floodwaters generated by a 100-year storm event. 100-Year Floodplain: Area inundated by a 100-year storm event. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 8 100-Year Storm Event: Storm of greatest magnitude expected to occur within a 100-year period. • Open Space: Undeveloped lands suitable for passive recreation or conservation uses. (§9J-5.0033 F.A.C.) Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. (§380.031 F.S.) Policv: The wav in which programs and activities are conducted to achieve an identified goal. (§9J-5.0033 F.A.C.) Pollution: The presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or manmade or man -induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property. (§9J-5.0033 F.A.C.) Potable Water: Water suitable for human consumption and which meets water qual'.ity standards determined by the Department of Health and Rehabilitative Services, provided through a public system or by private well. • Potable Water Facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains. (§9J- 5.0033 F.A.C.) Pro Rata Share of Public Facility Costs: In order to maintain minimum Levels of Service adopted by the City, a developer may be required to pay the portion of public facility improvement costs generated by a proposed development. Public Access: The ability of the public to physically reach, enter or use recreation sites including beaches and shores. (§9J-5.0033 F.A.C.) Public Facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities. Individual private potable water wells or septic systems are not public facilities. Public Facilities and Services which must be available concurrent with the impacts of development means those covered by comprehensive plan elements required by Section 163.3177, Florida Statutes, and for which level of service standards must be adopted under Chapter 9J-5, Florida Administrative Code. The public facilities and services are: roads, Rule City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 9 9J-5.007(3)(c) l .; sanitary sewer, Rule 9J-5.011(2)(c)2a.; solid waste, Rule 9J-5.011(2)(c) 2.b.; drainage, Rule 9J-5.0ll(2)(c)2.a.; potable water, Rule 9J-5.011(2)(c)2.d.; parks and recreation. Rule 9J-5.014(3)(e)4.; and mass transit, Rule 9J-5.008(3)(c)l ., if applicable. (§9J- 5.0033 F.A.C.) Public Sanitary Sewer Facilities: Sanitary sewer facilities, either publicly or privately owned, which serve at lease 15 service connections, or regularly serve at least 25 residents. Generally, a multi-user septic tank is not a public sanitary- sewer facility. Public Supply Water System: A potable water facility which serves at least 15 service connections, or regularly serves at least 25 residents. Rare or Unique Native Vegetative Communities: Ecological communities whose occurrence is rare or is of special social, economic, educational, aesthetic or scientific value, such as oak hammocks and cypress swamps. Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting. (§9J- 5.0033 F.A.C.) Redevelopment: Undertakings, activities, or projects of a county, municipality, or community redevelopment agency for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment, or rehabilitation or conservation, or any combination or part thereof. (from § 163.340 F.S.) Relocation Housing: Those dwellings which are made available to families displaced by public programs, provided that such dwellings are decent, safe and sanitary and within the financial means of the families or individuals displaced. (§9J-5.0033 F.A.C.) Resident Population: Inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population. (§9J-5.0033 F.A.C.) Residential Uses: Activities within land areas used predominantly for housing. (§9J-5.0033 F.A.C.) Right-of-Wav: Land in which the state, a county. or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. (§9J-5.0033 F.A.C.) Roadwav: A road, which includes streets, sidewalks, alleys, highways, and other ways open to travel by the public, including the roadbed, right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. (§334.03(18) F.S.) City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 10 Roadway Functional Classification: The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories. (§9J-5.0033 F.A.C.) Sanitary Landfill: a) "Class I solid waste disposal area" means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily; b) "Class II solid waste disposal area" means a disposal facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every 4 days. (§ 171.031 F.S.) Sanitary Sewer Facilities: Structures or systems. designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems. (§9J-5.0033 F.A.C.) Seasonal Population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors. (§9J-5.0033 F.A.C.) Section 8 Existing Housing Program: A Federal housing program authorized under Section 8 of the U.S. Housing Act, as amended. The Section 8 program provides rental subsidies to encourage new construction and substantial rehabilitation of existing housing. As part of its rehabilitation component, the Section 8 program establishes "housing quality standards" which are minimum standards for the safe and healthful occupancy of a dwelling unit. Septic Tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (§ 1 OD-6 F.A.C.) Services: The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law. (§9J-5.0033 F.A.C.) Site Plan: A plan, drawn to scale by a licensed professional engineer, showing uses, structures, and all other physical features proposed for a development site as required by the regulations involved. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and man-made landscape features. Solid Waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution • control facility, or garbage, rubbish refuse, or other discarded material, including solid, City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 11 liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial mining agricultural or governmental operations. (§9J-5.0033 F.A.C.) Solid Waste Facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes ranger stations, processing plants, recycling plants, and disposal systems. (§9J-5.00" F.A.C.) Standard Housing: Dwelling units that meet the federal Minimum Housing Quality Standards as established for the HUD Section 8 Program. Stormwater: The flow of water which results from a rainfall event. (§9J-5.0033 F.A.C.) Structure: Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include, but not be limited to, supporting walls, signs, screened or unscreened enclosures covered by a permanent roof; swimming pools, poles, and pipelines. Subdivision: Any tract or plot of land divided into two or more lots or parcels less than one acre in size for sale, lease or rent for residential, industrial or commercial use, regardless of whether the lots or parcels are described by reference to recorded plats, metes and bounds description, or by any other legal method. (§ 1 OD-6 F.A.C.) Substandard Housing Unit: A housing unit having a deteriorated or dilapidated appearance and which is unsafe or unhealthful for occupancy. Support Documents: Any surveys, studies, inventory maps, data, inventories, listings or analyses used as a basis for or in developing the local comprehensive plan. (§9J-5.0033 F.A.C.) Toxic or Hazardous Substances: Chemicals, gases or other materials which, when released into the air or water in heave, concentrations, may cause illnesses or disease or otherwise degrade public health. 25-Year Frequency 24-Hour Duration Storm Event: A storm event associated with rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event. Urban Sprawl: Scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways: (1) leapfrog development; (2) ribbon or strip development; and (3) large expanses of low -density, single -dimensional development. (DCA "Special Issue" Technical Memo, Volume 4, Number 4). City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 12 the UKeechuuee trews Y.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUINTY OF OKEECHOBEE Before the undersigned authority ocrsonalh appeared Judc Kasten- who on oad' says she is Publisher of tit, Okecchubee Sews, a DAI L) Vewspaper pubhmwd In Okeechobee. in�Okeechobee Ccunh'. Florida tl;at the altacla,d cop% of od-,I,cment. '1 being .. 1, n,• {nl ,I .i:-- at the matter of in the 79th^, Judicial District o, tht�ircuit _Dort (Okeechobee Cuunl�. >rida. was nublishcd in said Newspaper m the issues nl Affiant further. -vs that the said Ok,eciiobce News 11 a newspaper published aI Okecehooee, in said Okeechubee Count_.. Florida. and Iha. said newspaper has hcrcu,- fore been published continuously in sale Okecchabec Co,:nty, FIonda each ,reek and has been entered as second class mail matter at the oust ofli(e In Okeechobee, in said enobec Count)Florida, for a period of - nc vear next p:ecedmF the first publication attached copv of advertisement. and afilant further s vs that she ha,c neither paid umised ariv person firm or corporation am discoun rehate comimssion or refund for the purpose of seeunng this, advertisemeni for publication in the said newspaper- Sword to and s.bscrIib�d before me this — day of o, 20 ram_ y dp Karmen naa C,mmie for M CC 902300 ni (,1' 1 L.�� (� v ,a. EaPires Jxn, i 00- Aon d T— Notary Public. State of Florida at Large ',',FoF F�'8;E 4e g,,,,,,,c r;� I g z< ✓ -%Z❑ yJQ Z❑ c c - < z W t"" QU'`Y a < < OU �� U - 1 O < ✓;� J'-G O G W a- s LU S a c m w< D w W Z 't - - a= c� c C uj c w t` < - "s. �.3--"`^.�..-` ° '.` ` - W u_ G5 O < LC J < r W - W r w lr W f K t - - _ - -� a r G t-. •- <,L - ❑ `' < 'd$E� ■ii Was w < < _ <❑ _< cui _ `" m w y < _ _ V 3'-,t'919 Y-.3 _ O LU OLL ✓ ` x � ❑; a. _ r �,i < _ c a�. ,� w a: � ■is� --- -S `` S' -<- - �. - Tz� C - O_off - z. LL a r m CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 NAME: ,f 4, /,/ j lyeextm ADDRESS: 3Cb/ 61;e 8 k" TELEPHONE: �sfi - 9,z /- 73e)3 (HOME) MEETING: REGULAR b SPECIAL ❑ WORKSHOP ❑ EXHIBIT 4 SEPT 19 AGENDA (BUSINESS) DATE: 9 "1/C - e U PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. P120 Xs4, F,,1A j r�� Cit-y 70 4A�) - //2_5 /-7, )- /? 1>,4r4,0) PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. /c/ V ,I roc &7 PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. 41JCr'D l / av 0,,- 7 1V e - /7` /` L-'S�C /: L. PLEASE SUMMARIZED PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS. - �, �2&Yv�,�S i� S/6 vjF�c.9�ci %-9Y S�y�,r>�S �zL) C,TI yy� S A c ��>� Tire CiTf PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED?_ 7O SIGNED BY: DATE: 0 0 • A FLA C PROPOSAL For • CITY of OKEECH013EE • tta{ AFLAc S FLEX ONE x� PROGRAM ,r E E AFLAC'S FLEX ONE° CAFETERIA PLAN PROGRAM A Section 125 Cafeteria Plan allows employees to choose from qualified benefits, providing tax savings to both the participating employees and to you, the sponsoring employer. The tax advantages of a cafeteria plan come from Internal Revenue Code Section 125, which was added to the Code by the Revenue Act of 1978. Subject to the regulations under Code Section 125 of the Internal Revenue Code, an employee can choose to reduce his/her salary to -purchase qualified benefits on a pre-tax basis, also referred to as salary redirections. By redirecting part of his/her salary to a qualified benefit means taxable income will be calculated after the elected amounts are deducted from the employee's salary. No federal income tax, social security tax or state tax (except New Jersey) will be paid on the elected amounts. In Pennsylvania, state income tax will be applicable to dependent care portion of a flexible spending account, but not other Section 125 qualified benefits. PREMIUM ONLY PLANS (Section 106) The most popular use of cafeteria plans allows employees to pay their share of the cost of medical coverage with pre-tax salary dollars — the so-called premium conversion feature or premium only plan. Other insurance premiums such as the following may qualify: i� Group term life insurance up to $50,000 (employee only, if any portion of the premium covers a dependent, the entire premium must be after- tax) Accidental -Death & -Dismemberment r� Disability income Cancer insurance Supplemental health insurance Vision or dental insurance Accident -only insurance Intensive care insurance Insuring Over 40 Million People Worldwide • u • E FLEX ONE SAVINGS EXAMPLE Gross Income Taxes* Paycheck Insurance Premiums Net Spendable Gross Income Insurance Premiums Adjusted Gross Income Taxes* Net Spendable/Paycheck Without Flex One $ 1,000 250 $ 750 100 $ 650 With Flex One $ 1,000 100 $ 900 225 $ 675 Hypothetical Employee Example Health Insurance $ 40 per week Dental Insurance $ 10 per week Supplemental Insurance $ 5 per week Total $ 55 X 52 weeks $ 2,860 yearly insurance cost X 25% tax savings* $ 715 savings Savings to City of Okeechobee: $2860 X 7.65% FICA = $218.79 *Assumes a combined tax rate (income, FICA, Medicaid) of 25% • 0 SERVICE FEES AFLAC is a provider of supplemental insurance offering flexible spending account reimbursement services as an additional advantage to our clients. Many third -party administrators (TPAs) that offer strictly flexible spending account reimbursement services charge large enrollment fees, set-up fees and monthly service fees in order to cover expenses and maintain a profitable business. They also normally charge a monthly fee per employee, whether they participate or waive participation. Depending upon the size of the firm, these fees could total thousands of dollars in one year — which obviously reduces the amount of savings an employer can realize with implementation of a Section 125 plan. Our primary goal is to provide your employees with the best available value in supplemental insurance while providing a method of tax savings for the employees and you, the employer. Due to this concept, AFLAC's FLEX ONE' Premium Only Plan is provided free of c, harZe. Insuring Over 40 Million People Worldwide FACTS ABOUT AFLAC'S FLEX ONE'PROGRAM AFLAC's FLEX ONE® program was established in January 1990. Since that time, FLEX ONEO has assisted over 30,000 employers in establishing flexible benefit plans for their employees. FLEX ONE° offers employers assistance in the establishment of a Section 125 cafeteria plan. i FLEX ONE° services are available in all 50 United States and all applicable U. S. territories. FLEX ONE° supplies sample plan documents, Summary Plan Descriptions, Board of Directors Resolutions and enrollment/redirection agreements. FLEX ONE° sample plan documents are coverage -specific and can accommodate • multiple carriers and all eligible coverages. Individually prepared Tax Savings Illustrations are available for all eligible employees at no cost. Calculations are accomplished with information provided by the employer. FLEX ONE° provides necessary premium conversion plan information and services at no direct cost to the employer. FLEX ONES provides Flexible Spending Account (FSA) services for employers at very competitive fee rates. Communication and enrollment services are offered through AFLAC's trained Flex - certified field associates. FLEX ONE° provides a copyrighted Employer Administration Manual for all employer groups using FLEX ONE° services. FLEX ONE° maintains a toll -free information and service hot line for use by all employer plan sponsors and advisors. 40 Insuring Over 40 Million People Worldwide 0 _ 0 AI'I,AC is 'UC pollcyholder, �Ir, the I71ost well -prot cct, d, Well- scl vcd "farh;ly" In th,� v' utld, 'I hlvU"'il of contlnlijI fi"(1PW'Cillt'nt, AFLAC's gnal Is to pros'Ide sc,-Vice that I I"'> ,S the 1" op.1It .tlye:ots of all Our cllsion,1ers. AFLAC is a Formne 5L_103 colnp_my. AI'LA.0 supports its policyholders with assets exceeding $29 billion. Our worldwide headqu_-lrters is in Columbus, Georgia where we administer arid pay claim,, for AFLAC. St(tnd<ir & poor's and muff & Phelps rates AFLAC `AA' in claims -paying ability. Our record of prorrtpt; satisfactory clailrt.s sew -vice is excellent. A poll conducted by the Opinion Research Corporation shows that 9 out of 10 AFLAC cLi m ots afree that we paid their- claims fairly and promptly, and they would recomm,-,A our products to others (September 1997). AFLAC is the number one provider of guaranteed -renewable supplemental in,urance (Mitional Undercuvriter, July 1997). We have more than. 18 million policies in force insuri.ng over 40 millicyn people worldwide. The employees of more than 120,000 payroll accounts in the United States and more than 47,800 accounts in Japan participate in our program through some form of cluster billing. The 1997 A. M. Best Company Report gives AFLAC all "A+" (Superior) rating. A. M. Best is a well known independent firth that analyzes the financial condition and operating perforrriance of insuI-Ji1ce Con-Ipanics. AFLAC was ounded In 1955 and .has grog=.-u Into an >sive, ni�dttfaceted corporate f structure. The. insurance counpa(sy, AFLAC;, is the pri;.P.ary subsidiary of AFI,.AC Incorporated, a multibillion -dollar orgarliza.ti_oli. The corm-noii shares of the parent corporation are traded primarily on the. Ncw Yodl Stock FxJ)nge. AFLAC's prlooxy markets are the United States and J..ipm. We are reprrs,'mted by more than 17,100 producing sales as,,c:ciates in the United States and more tha.r_I 25,000 associates representing over 5,400 agencies in Japan. Visit the AFLAC web site at svww.aflac.com. We feel that after a review of AFLAC's history and stability, you will find our program to be in the best interest of your employees. Insilring Over 40 Million People flj'l�lr(!l�lC' 0 • ➢ Sample PLAN DOCUMENTS including the adoption agreement, board of directors resolution and summary plan description. These materials were designed to meet the IRS Code Section 125 cafeteria plan requirements. ➢ SALARY REDIRECTION AGREEMENTS for employees to indicate participation or waiver of participation in the cafeteria plan. ➢ Individual and group enrollment sessions to help ensure COMPLETE EMPLOYEE AWARENESS. Each employee must be notified of the benefits available prior to the effective date of the cafeteria plan. ➢ NONDISCRIMINATION TESTING ASSISTANCE: FLEX ONE° will provide assistance in performing cafeteria plan nondiscrimination testing initially and for each consecutive plan year, upon request. A signed release in favor of AFLAC will be required. This service provides the employer with testing percentages to be taken to the employer's tax and/or legal benefits counsel for interpretation. These percentages should assist in determining whether the plan is in compliance with three of the relevant cafeteria plan nondiscrimination tests. These tests are: 1. The cafeteria plan (25%) concentration test for key employees 2. The dependent care assistance plan average benefits (55%) test The dependent care assistance plan concentration test for 5% owners The employer, as plan sponsor, will also need to perform the other applicable nondiscrimination tests (e.g., the eligibility, and contributions and benefits tests for the cafeteria plan, and any other nondiscrimination tests applicable to the qualified benefits that are offered) and interpret the significance of the testing percentages provided. ➢ ANNUAL FORM 5500 FILING ASSISTANCE: IRS Code Section 6039D reporting requirements are very specific. The extent of filing required may vary by employer. FLEX ONE6A will provide Form 5500 and 5500 C/R preparation assistance, upon request. A signed release in favor of AFLAC will be required. Completed samples of the required forms will be mailed to the employer for review, execution and submission to the IRS. Insuring Over 40 Million People Worldwide 0 0 There will be no charge for assistance with preparation of the required Form 5500 or 5500 C/R with relation to reporting cafeteria plan activity (Section 6039D of the Internal Revenue Code.) i- CHANGE IN FAMILY STATUS FORMS: Outlines the allowed election changes during the plan year and provides the participant with a method for submitting a qualified change. Some of the qualifying changes in family status include marriage; divorce; birth or adoption of a child; death of a spouse or dependent; a change in employment status or unpaid leave of absence for the employee or spouse; and a significant change in the cost of coverage by a third -party provider. The change in election must be consistent with and on account of a qualified change in family status. Qualified changes are further clarified in IRS Code Section 125. i- EMPLOYER ADMINISTRATIVE MANUAL: Outlines Section 125 guidelines and plan management procedures. i- NOTIFICATION OF CHANGES IN LAWS: You are notified when changes affect the administration or design of your program, including revision to plan documents, if necessary. Insuring Over 40 Million People Worldwide • .• COMMUNICATIONS AND ENROLLMENT PROCEDURES 11 1*11 CERTIFIED REPRESENTATIVES All AFLAC representatives must become certified to offer the FLEX ONES' program. Certification is given only after extensive classroom and field training. The basic level of certification teaches the representatives how to establish premium only plans. As they excel, by meeting certain qualifications and activity levels, the representatives participate in training for advanced certification, which authorizes them to establish full plans. Any changes in Section 125 regulations are immediately communicated in writing to all certified representatives. Your FLEX ONE certified AFLAC representative will meet with you and your benefits team to evaluate your current benefits package. He or she will also discuss all key operations with your payroll department before implementing your Section 125 program. • PROGRAM ANNOUNCEMENTS • Payroll stuffers: These cards initiate interest in the upcoming enrollment and may be included with the employees' paychecks in the pay period immediately prior to the enrollment. Posters: AFLAC will furnish posters to you for advising your employees of the upcoming group meetings. MANAGEMENT MEETINGS Program summary: Review the concept of a Section 125 program and discuss the positives of the program. Enrollment explanation: Managers and supervisors will receive an explanation of the enrollment procedures and scheduling requirements for the employees. Question -and -answer session: AFLAC associates will spend this time discussing and answering questions regarding the program. Insuring Over 40 Million People Worlduvide • `i- GROUP MEETINGS AFLAC associates will give a brief presentation (approximately 30 minutes) to the employees explaining the program and the enrollment process. INDIVIDUAL ENROLLMENT Review of current benefits: Associates will review all existing benefits with each employee. This service is a plus for your organization — it makes your employees more aware of the benefits you currently make available. Discuss the Section 125 program: Associates will follow with an explanation of all aspects of a Section 125 program, answer questions and provide information on qualified benefits under the program. Personalized salary illustration: After collecting census data, including each employee's deduction amounts, associates will prepare a salary illustration for each employee. This will • be given to each employee during the individual enrollment in order to assist the employee in visualizing possible tax savings. • AFLAC coverages: Employees will be given the option to add AFLAC supplemental benefits. Our supplemental products are designed to help pay for out-of-pocket expenses not normally covered under primary health insurance. The benefit(s) offered will depend upon the employees selection when establishing the program. Salary redirection agreement/election form: During the enrollment, the employees will be asked to sign a salary redirection agreement indicating their choice of whether to participate in the program. These forms document the employee's choice of benefits along with their choice of having deductions made on a pre-tax or after-tax basis. The agreement can also serve as payroll entry documents for your payroll department. A copy will be distributed to you and each employee. Note: All FLEX ONE materials are available in Spanish. Bilingual (Spanish/English) associates are also available for communication as needed. Insuring Over 40 Million People Worldwide •i AFLAC'S CLAIMS DEPARTMENT An independent survey of AFLAC's claimants conducted by Opinion Research Corporation has shown that 9 out of 10 claimants agree that AFLAC pays claims fairly and promptly, and they would recommend our products to others (September 1997). The goal of the Claims Department is to pay all claims within three working days when all necessary information is received. This monumental challenge is almost always met. AFLAC's Claims Department comprises 175 employees and 16 managers. These employees process claims for nine lines of business: cancer, hospital intensive care, hospital indemnity, accident, term life, personal short-term disability, long-term disability, Medicare supplement and long-term care plans. AFLAC has different policy forms and requirements for each state; therefore, the Claims Department is divided into groups by states and lines of business. These divisions familiarize the claims auditors with specific state regulations, policy forms, hospital procedures and associates in each group. This allows more efficiency in claim processing. Completed claim forms along with the necessary information can be forwarded to local associates for handling or submitted directly to our worldwide headquarters. Once this information is received, it is given to the claims specialist responsible for auditing claims within that state. This individual will then review each claim and process benefits in accordance with the policy contract. Once liability has been determined for a claim, our systems allow us to produce the claim check. Checks are mailed the following morning to the policyholder or service provider when benefits are assigned. Documents are achieved through electronic imaging, allowing immediate access for claims review. In addition to the field force, AFLAC offers a toll -free Customer Call Center to assist policyholders and payroll accounts with any of their questions or concerns. When a claim is received that does not include the necessary information to process, the claims specialist contacts the policyholder for the necessary information. Insuring Over 40 Million People Worldwide • AFLAC'S CLIENT SERVICES & ADMINISTRATION DEPARTMENT Our friendly and professional service specialists are just a phone call away! AFLAC's Customer Call Center has four separate toll -free lines dedicated to policyholders, associates and payroll accounts as well as our Spanish-speaking and hearing impaired customers. You or your employees can call our toll -free lines from 8 a.m. to 8 p.m. and speak with one of our customer service specialists about policy benefits, policy changes, account billing, claims and Section 125 cafeteria plans. Our New Business Department will establish your account and issue all new policies. Changes to existing accounts and policies as well as account billing and reconciliation are handled by our Policy Service area. AFLAC's flexible billing system allows you to choose from multiple billing frequencies ranging from yearly to as often as weekly. We have the capability to send and receive invoices ison paper, magnetic tape or diskette. You tell us which option best suits your needs! Insuring Over 40 Million People Worldivide AFLAC's supplemental ins.ttraitce products are designed to help briclge the gap bctwee a the cost of treatment for a serious illness or accident and the actual payment itby major medical or any other health plans. 0 TIJE NEED FOR, SUPPLEMENTAL INS'UR,A.-NCI,,' Our world ruay change bM our basic needs remain the same. ➢ Health and well-being ➢ Financial security ➢ Peace of mind PrOtCCO.011. for LlioSe We love Insurino Over 10 millioil L MEDIC.At EXPENS1,11.:1 Most employers have one thi-nb c, inCO111,Dlo III: They offer some - type of medical insurance plan to their employees. 0 However, even the best medical plan n-tay not pay all the dIT(ICt medical expenses .... There are usually deductibles and copayments under the basic plan that must be paid. JyJSJJ;-jj61 Over 40 Ajil1j,'0y1 People LJ Is Below are just a fe�v of the nouutedlcol expenses a basic hospitalization pLui does not covey-: ➢ travel expeii.ses to and from special treatment centers ➢ food arid lodging while away from home ➢ long d1staiice phone calls ➢ extra household help and ➢ child care Also, other out-of-pocket expenses remain constarit: ➢ house payments or rerLt ➢ car payrrw.Tits and ➢ groccrIes ar.td utithitics Most health plans do not pay specifically for out-of-pocket expenses. AFLAC's supplemental plans pay for benefits directly to the insured, unless assiglic-'J, regardless of any other insurance. That way, your employees can spend (or use) the money any way they choose. Insuring)- Over,YO Million People Without it, Insuring Over 40 Mil. People Worldwide PERSONAL CANCER PLAN a cancer expense insurance policy insurance complete. IC(12/99) AFIAC's PERSONA[ ACCIDENT EXPENSE P[AN accident expense insurance policy Direct cash benefits for: • emergency treatment • initial hospitalization • hospital confinement • specific -sum injuries • accidental -death • wellness • plus ... much more Without it, no insurance is complete. Insuring Over 40 Million People Worldwide Form A-33076R-FL IC(8/99) ARACs PERSONAL ACCIDENT EXPENSE PLUS arrid.nr/d�abJiryinsurance poGcy Direct cash benefits for: • disability income • emergency treatment • initial hospitalization • hospital confinement • specific -sum injuries • accidental -death • wellness • Plus ... much more Without it, no insurance is complete. MM PERSONAL SHORT-TERM DISABILITY INCOME PROTECTION INSURANCE POLICY The convenience of payroll deduction with the security of ownership Number One in Payroll Marketing A-57275-FL 7/97 RC(8/97) AILAC's PERSONAI RECOVIRY PLUS Scheduled direct cash benefits for the following life -threatening events: • heart attack 6' coronary artery bypass surgery • stroke • end -stage renal failure • major human organ transplant • major third-degree burns • coma • paralysis Without it, no insurance is complete. 2 Insuring over 40 million people worldwide Form A-70275-FL IC(5/99) vl__,,k lunta� U Indemnity Plan A Hospital Confinement Indemnity Policy ✓ Hospital Confinement Benefit ✓ Short -Stay Benefit ✓ Rehabilitation Unit Benefit ✓ Surgical Benefit ✓ Heart Attack, Stroke, Coma and Paralysis Benefit ✓ Ambulance Benefit ✓ Wellness Benefit Guaranteed -renewable for life with the security of ownership Insuring Over 40 Million People Worldwide Form A-44275-FL IC(4/98) NRACs PERSONA1 INTENSIVE HOSPITAI CARE INSURANCE Without it, no insurance is complete. Insuring Over 40 Million People Worldwide Form A-18275R-FL IC(11/99) Y The Affordable Choice ... fromAFLAC Supplement your employees' benefits package while adding valuable cafeteria plan services. 3, 0 Insuring Over 40 Million People Worldwide Form A-19665-ER ff.��&Fout AFLAC Elite Industry Acknowledgement AFLAC has been named the number one insurance company by Forbes Global magazine (January 1999). A Fortune 500' Company AFLAC is a Fortune 5OW company, listed on the New York Stock Exchange, insuring more than 40 million people worldwide. Top Financial Ratings AFLAC is rated `AN in insurer financial strength by Standard & Poor's (May 1998), Aa3 (Excellent) in insurer financial strength by Moody's Investors Service (August 1998), A+ (Superior) by the 1998 A.M. Best Company Report, and `AX in claims -paying ability by Duff & Phelps (August 1998).* '► A World Leader in Supplemental Insurance With more than 130,000 payroll accounts in the United States and nearly 48,000 in Japan, AFLAC is number one in payroll marketing, and number one in accident and cancer insurance sales. Best Place to Work Fortune magazine named AFLAC the best insurance company to work for in America and the 13th best company to work for overall in its January 1999 rankings. Primary Markets AFLAC's primary markets are the United States and Japan. AFLAC or its affiliates are licensed to do business in all 50 states as well as in United States territories. HONORS in Promoting Work Force Diversity In 1997, HISPANIC Magazine ranked AFLAC among its Corporate 75, which recognizes United States companies providing the most opportunities for Hispanics. AFLAC also earned the National Conference of Black Mayors' President's Corporate Responsibility Award (1994) and the Atlanta Hispanic Chamber's Corporation of the Year Award (1993). Focused on Quality Service We are dedicated to ensuring that our policyholders are the most well -protected, well -served "family" in the world. Through a process of continual improvement, AFLAC's goal is to provide service that meets the requirements of all our customers. Dynamic Growth AFLAC was founded in 1955 and has grown into an aggressive, multifaceted corporate structure. Prompt, Satisfactory Claims Service Our record of prompt, satisfactory claims service is excellent. A poll conducted by the Opinion Research Corporation shows that 9 out of 10 AFLAC claimants agree that we paid their claims fairly and promptly, and they would recommend our products to others (September 1997). Source of information: Cited publications and company records January 1999 . sw Ratings refer only to the overall A"C. financial status of AFLAC and are not recommendations of specific Without it, no insurance is complete. policy provisions, rates or practices. Visit our Web site at www.aflac.com. American Family Life Assurance Company of Columbus (AFLAC) A-13653RR-1 Worldwide Headquarters: Columbus, Georgia 31999w ON, x. 1/99 96 • • r"IIIIATIONAJL uNDER -ER F wAL SE tRVi Eg FLOMO r July 26. 19" 1"8 Guaranteed Renewable $(+000 PREMIUM PREMIUM EARNED EARNED LESS INCURRED LESS INCURRED COMPANY DIVDS CLAIMS COMPANY DIVDS CLAIMS 1 Amer Fam Life Assr Columbus 5,393,899 2,708,400 51 Employers Reassurance Corp 51,250 8,915 2 Bankers Life & Casualty Co 823,079 492,236 52 Equitable Life Asr Soc of the Us 50,408 47,798 3 General Electric Capital Asr Co 562,889 202,938 53 Country Life Insurance Co 47,171 29,544 4 Physicians Mut Ins Co 469,354 303,663 54 American Fidelity Assurance Co 46,588 22,768 5 Colonial Life & Accident Ins Co 453,498 206,906 55 American Income Life Ins Co 43,071 15,448 6 Conseco Senior Health Ins Co 434,740 276,611 56 Continental Life Ins Co Brentwood 42,970 30,490 7 United American Ins Co 430,857 290,337 57 New York Life Ins Co 41,833 21,540 8 Combined Ins Co of America 321,306 133,359 58 World Ins Co 40,960 29,661 9 Mutual of Omaha Ins Co 281,390 184,536 59 Kanawha Insurance Co 40,526 25,170 10 Wellmark Inc 262,045 218,514 60 Life Ins Co of Ga 40,367 30,792 11 Pioneer Life Ins Co 248,939 204,657 61 New Era Life Ins Co 39,680 30,523 12 Anthem Health Plans Inc 224,816 190,120 62 Illinois Mut Life Ins Co 39,332 21,069 13 Trigon Blue Cross Blue Shield 223,556 173,562 63 Pyramid Life Insurance Co 38,873 26,429 14 American Republic Insurance Co 218,046 159,750 64 Protective Life Ins Co 38,338 28,114 15 Travelers Ins Co Life Dept 202,695 41,933 65 Universal Fidelity Life Ins Co 38,117 19,981 16 Conseco Health Ins Co 200,347 67,250 66 Amedex Ins Co 35,285 15,790 17 Health Care Svc Corp a Mut Leg Res 192,360 158,133 67 GE Capital Life Assur Co of NY 34,168 6,103 18 Healthy Alliance Life Ins Co 186,553 122,309 68 Mid -South Ins Co 33,372 21,178 19 Arkansas Blue Cross & Blue Shield 177,469 134,529 69 USAA Life Ins Co 33,227 23,095 20 Blue Cross & Blue Shield of FI 169,023 113,346 70 Christian Fidelity Life Ins Co 31,446 27,304 21 Blue Cross & Blue Shield of KS Inc 158,171 135,855 71 Combined Life Ins Co of Ny 29,818 13,901 22 John Hancock Mutual Life Ins Co 152,290 52,169 72 Professional Ins Co 29,293 16,429 23 Penn Treaty Network America Ins Co 146,709 89,061 73 Peoples Benefit Life Ins Co 28,860 17,610 24 Fortis Ins Co 145,753 37,856 74 Blue Cross & Blue Shield of Ne 28,640 23,588 25 Standard Life & Accident Ins Co 131,275 96,310 75 Teachers Ins & Ann Assoc of Amer 27,793 2,363 26 Liberty National Life Ins Co 131,001 105,208 76 Lone Star Life Ins Co 25,737 11,117 27 Bankers United Life Assurance Co 120,881 49,463 77 Union Bankers Ins Co 25,650 13,530 28 American Heritage Life Ins Co 113,174 50,095 78 First United American Life Ins Co 24,831 19,016 29 Continental General Ins Co 102,920 70,581 79 Central United Life Ins Co 24,668 13,814 30 Unum Life Ins Co of Amer 101,112 36,717 80 Western & Southern Life Ins Co 24,663 25,196 31 Globe Life & Accident Ins Co 100,996 72,503 81 Provident American Ins Co 23,237 16,178 32 IDS Life Ins Co 33 Life Investors Ins Co of Amer 93,977 18,170 82 Provident Life & Accident Ins Co 22,095 10,499 34 American General Life & Acc Ins Co 93,675 89,587 53,257 47,263 83 Golden Rule Insurance Co 84 Providential Life Ins Co 21,615 15,506 35 Pennsylvania Life Ins Co 75,233 41,329 85 Bankers Fidelity Life Ins Co 20,650 20,532 16,006 13,131 36 Equitable Life & Casualty Ins Co 72,027 44,840 86 Conseco Direct Life Ins Co 20,430 14,528 37 National States Ins Co 69,686 46.064 87 Sun Life Asr Co of Canada 19,825 1,351 38 Blue Cross of Id Health Service Inc 66,724 57,564 88 American Family Life Asr Co of Ny 19,554 8,575 39 United Teacher Associates Ins Co 66,198 37,749 89 Family Heritage Life Ins Co of Amer 19,495 3,731 40 PFL Life Ins Co 63,704 19,157 90 Life Ins Co of Alabama 19,236 10,483 41 Guarantee Trust Life Ins Co 63,400 46,733 91 Oxford Life Ins Co 19,054 14,777 42 General & Cologne Life Re of America 61,314 43,980 92 First Unum Life Ins Co 18,814 11,365 43 National Foundation Life Ins Co 60,819 42,347 93 Loyal American Life Ins Co 18,644 9,700 44 Central States H & L Co of Omaha 45 Monumental Life Ins Co 59,453 38,213 94 American Public Life Ins Co 18,472 13,193 46 LA Health Service & Indemnity Co 57,841 57,660 37,151 45,008 95 American Network Ins Co 96 Medico Life Ins Co 18,454 7,215 47 Wellmark of South Dakota Inc 57,120 47,069 97 Sierra Health & Life Ins Co Inc 18,198 17,629 13,551 13,766 48 Union Fidelity Life Insurance Co 49 Reserve National Ins Co 55,339 31,378 98 Standard Life Ins Co of Indiana 16,692 10,750 50 Transamerica Occidental Lic 54,619 53,135 39,563 627 99 Harris Methodist Health Ins Co 16,313 16,791 100 Trustmark Ins Co 15,173 9,432 - -- --•••• r�•••••��•�•• "auVi,u, Viluerwmer, w iwwa, i ne Nationai unoerwrner Company (Life & Health/Financial Services Edition), July 26, 1999" 'Claims figures do not include reserves set aside for future claims. American Family Life Assurance Company of Columbus (AFLAC) • Worldwide Headquarters: 1932 Wynnton Road, Columbus, Georgia 31999-0001 M-0117-99 10/99 EXHIBIT 5 SEPT 19 AGENDA INTERLOCAL AGREEMENT THIs INTERLOCAL AGREEMENT dated as of September 19, 2000, (the "Interlocal Agreement"), is made by and between the CAPITAL PROJECTS FINANCE AUTHORITY (the "Authority"), a public body corporate and politic duly created and existing under the laws and Constitution of the State of Florida, and CITY OF OKEECHOBEE, FLORIDA, (the "City"), a political subdivision of the State of Florida. RECITALS Pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01, Part1, Chapter 163, Florida Statutes as amended (the "Interlocal Cooperation Act"), "public agencies," as defined in the Interlocal Cooperation Act, are authorized to enter into agreements with one another in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. The Interlocal Cooperation Act provides that a public agency may, pursuant to contract, exercise jointly with any other public agency any power, privilege or authority which such public agencies share in common which each might exercise separately. Pursuant to the Florida Industrial Development Financing Act, Part II, Chapter 159, Florida Statutes, as amended (the "Industrial Act"), the Authority and the City are authorized to issue revenue bonds and loan the proceeds to qualified borrowers to, among other things, pay all or any part of the "costs of any project" (as defined in the Industrial Act). The Authority and the City are "public agencies" and desire, in order to assist in the development and maintenance of the public health, to accomplish economies of scale and other cost savings, to enter into this Interlocal Agreement to authorize the Authority to issue revenue bonds or Notes (the "Bonds") and loan a portion of the proceeds to Sheffield Environmental Services, Inc., a Florida Corporation and/or one or more of their affiliates (collectively, the "Interlocal Borrowers"), for the purposes of providing funds to, among other things: (i) pay or reimburse the Interlocal Borrowers for the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping a wastewater treatment facility located within the geographical boundaries of the City; (ii) fund a debt service reserve fund for the benefit of the Bonds, if deemed necessary or desirable by the.Interlocal Borrowers; and (iii) pay certain expenses incurred in connection with the. issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrowers. In consideration of the mutual agreements contained in this Interlocal Agreement and upon the further consideration of the recitals in this Interlocal Agreement set forth above, it is agreed by and between the CAPITAL PROJECTS FINANCE AUTHORITY and CITY OF OKEECHOBEE, FLORIDA as follows: Section 1. Definitions. Unless the context otherwise requires, the following terms for all purposes of this Interlocal Agreement shall have the following meanings: "Acts" means the Industrial Act and the Interlocal Cooperation Act. "Administrator" means the administrator appointed pursuant to Section 4(c). "Authority" means CAPITAL PROJECTS FINANCEAUTHORITY, and its successors and assigns, as Issuer of the Bonds. "Bond Indenture " means the Bond Trust Indenture between the Authority and the Bond Trustee pursuant to which the Bonds are to be issued, and all related amendments and supplements. Page 1 of 6 "Bonds " means the revenue bonds or notes issued in one or more series by the Authority, in part, on behalf of the City for the benefit of the Interlocal Borrowers under the Bond Indenture. "Bond Trustee " means the bond trustee selected by the Interlocal Borrowers and approved by the Authority, or any successor trustee under the Bond Indenture. "City" means City of Okeechobee, Florida and its successors and assigns. "Interlocal Agreement" means this Interlocal Agreement and all related amendments and supplements. "Loan " means the loan to be made by the Authority to the Interlocal Borrowers to, among other things: (i) pay or reimburse the Interlocal Borrowers for the costs of acquiring, constructing, renovating, rehabilitating and equipping a wastewater treatment facility and other eligible projects; (ii) fund a debt service reserve fiend for the benefit of the Bonds, if deemed necessary or desirable by the Interlocal Borrowers; and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrowers. "Loan Agreement" means the Loan Agreement between the Authority and, among others, the Interlocal Borrowers, setting forth the terms of the Loan. "Resolution" means a resolution of the governing body of a party to this Interlocal Agreement adopted for the purpose of approving and authorizing the execution of this Interlocal Agreement or any amendment to this Interlocal Agreement, or approving any action taken pursuant to this Interlocal Agreement when such approval is required. Terms defined in this Section in the singular shall include the plural and vice versa. Section 2. Purposes. In order to assist in the development and maintenance of the public health and to accomplish economies of scale and other cost savings, the Interlocal Borrowers shall be permitted to borrow Bond proceeds from the Authority pursuant to the authority granted in the Acts for the purposes of providing for the issuance of the Bonds by the Authority, among other things, to: (i) pay or reimburse the Interlocal Borrowers for cost of acquiring, constructing, renovating, rehabilitating and equipping a wastewater treatment facility and other eligible projects; (ii) fund a debt service reserve fund for the benefit of the Bonds, if deemed necessary or desirable by the Interlocal Borrowers; and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrowers. Section 3. Effective Date; Closing Conditions; Duration. This Interlocal Agreement shall become effective and shall be enforceable, within the meaning of the Interlocal Cooperation Act, upon receipt by the Administrator of: (i) the Resolutions duly adopted by the governing body of the Authority and the City, respectively, approving and authorizing the execution and delivery of this Interlocal Agreement; (ii) a counterpart of this Interlocal Agreement, duly executed by authorized officers of the Authority and the City; and (iii) evidence satisfactory to the Administrator of the filing of a duly executed counterpart of this Interlocal Agreement with the Clerk of the Circuit Courts of Okeechobee County, Florida and Glades County, Florida. The issuance of the Bonds shall be subject to the receipt by the Administrator of: (i) the documents and showings listed in clauses (i) through (iii) above; (ii) an opinion of counsel to the City regarding the enforceability of the Interlocal Agreement and the City's resolution; (iii) an opinion of counsel to the Authority regarding the enforceability of Interlocal Agreement and the Authority's Resolution; and (iv) such other documents, opinions and showings as are enumerated in writing by the administrator prior to the issuance of the Bonds and the making of the Loan. The term of this Interlocal Agreement shall end upon the discharge of the Bond Indenture in accordance with the provisions of the Bond Indenture (other than a discharge resulting from refunding the Bonds). Opon the expiration of this Interlocal Agreement, any property or moneys not required to be used to pay principal, premium, if any, or interest on the Bonds and not otherwise required to be applied a§ required by the Bond Indenture shall, to the extent permitted by law, be distributed pro rata between the Interlocal Borrowers and the other parties to whom the Loans were made from proceeds of the Bonds. Page 2 of 6 W Section 4. The Interlocal Financing. The Authority shall issue the Bonds subject to the following conditions: (a) The Bonds. (i) The Authority shall authorize the issuance and delivery of the Bonds pursuant to and subject to the, terms and conditions of the Bond Indenture, the portion of which shall be attributable to the Loan being in an aggregate principal amount not to exceed $10,000,000. The Bonds shall be unrated and shall bear interest, be subject to repurchase and redemption, be designated and be in the form, and have such other terms as are provided in the Bond Indenture, as finally executed and delivered by the Authority without further approval of the City, but subject in all respects to the provisions set forth in the Authority Resolution. If the Bonds are issued, the Authority shall be the sole issuer of the Bonds and the Bonds shall not identify the City as an issuer or obligor of the Bonds. The City. shall not be responsible for any undertaking in connection with the Bonds except as sefforth in this Interlocal Agreement. (ii) The Bonds, together with interest on the Bonds, shall not constitute a debt, liability or obligation of the City of Okeechobee, Florida, the State of Florida, Glades County or any political subdivision or agency of each, but shall be special and limited obligations of the Authority payable solely from, and shall be secured by, to the extent and in the manner provided in the Bond Indenture, a pledge to the Bond Trustee of the rights of the Authority under the Note and the Loan Agreement and the amounts in the funds and accounts created by the Bond Indenture. The City and its members, officers, agents and employees shall not be liable for the payment of the principal of, premium, if any, or interest on the Bonds, nor shall the City or its members, officers, agents and employees, be liable for any other indebtedness or liability which may arise in connection with the issuance of the Bonds or the making of the Loan. (iii) The proceeds of the sale of the Bonds shall be applied in accordance with the provisions of the Bond Indenture for the purposes specified in the Bond Indenture and in Section 2. (iv) The Bonds may be issued in one or more series and, if issued in more than one series, references in this Interlocal Agreement to the Bond Indenture, the Loan Agreement and the Note shall be deemed to include, if necessary, any supplemental Bond Indentures or Loan Agreements and any additional Notes executed and delivered in connection with the issuance of the Bonds. (v) The Interlocal Borrowers shall agree to pay any amounts owing on the Bonds pursuant to the provisions of Section 148(f) of the Internal Revenue Code of 1986, as amended. (vi) The Interlocal Borrowers shall pay any out -of. -pocket costs, including the publication of the TEFRA notice, of the City in connection with its approval and execution of the Interlocal Agreement. (vii) The Interlocal Borrowers shall agree in the Loan Agreement to protect, indemnify and save the Authority and the City, their members, officers, agents and employees against and from any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and nature incurred by or asserted or imposed against the Authority or the City, their members officers, agents and employees which may arise in connection with the issuance of the Bonds or the making of the Loan. Page 3 of 6 (b) The Loan. (i) Pursuant to and subject to the terms and conditions of the Bond Indenture, the Authority is authorized to make available to the Interlocal Borrowers proceeds of the Bonds to be used by the Interlocal Borrowers for the purposes set forth in Section 2 without further approval of the City. (ii) The Loan Agreement shall provide for payments sufficient to pay expenses incident to the issuance of the Bonds and any costs and expenses of the City and its counsel. (c) Administrator. Pursuant to Section 163.01(6) of the Interlocal Cooperation Act the Authority is designated the Administrator. The Administrator shall have and is delegated full power and authority to do all things necessary or convenient to carry out the purposes of this Interlocal Agreement, including, without limitation, the appointment of such agents or entities as are necessary or desirable to effectuate the issuance of the Bonds and the making of the Loan. Section 5. Amendments. This Interlocal Agreement may not be amended, changed, modified or altered except by an instrument in writing which shall be: (i) approved by a Resolution of the governing body of the Authority and of the City; (ii) executed by duly authorized officers of the Authority and the City; and (iii) filed with the Clerk of the Circuit Courts of Okeechobee County, Florida and Glades County, Florida. Section 6. Severability. If any terms or provisions of this Interlocal Agreement or the application of this Interlocal Agreement shall to any extent be invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such terms or provision to circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the extent permitted by law. Section T Governing Law. All questions with respect to the construction of this Interlocal Agreement, and the rights and liabilities of the parties to this Interlocal Agreement, shall be governed by the laws of the State of Florida. Section 8. Notices. Any notice or other communication shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed as follows: If to the Authority: Capital Projects Finance Authority c/o Office of the City Clerk 99 Riverside Drive. Moore Haven, Florida 33471 Attention: Telephone: Telecopy: If to the City: City Clerk (863) 946-0711 (863) 946-2988 City of Okeechobee, Florida 55 S.E. 3`d Avenue Okeechobee, Florida 34974 Attention: Telephone Telecopy: Mayor (863) 763-3372 (863) 763-1686 Page 4 of 6 Public Finance Associates, inc. P. O. Box 60674 Fort Myers, Florida 33906 Attention: President Telephone: (941) 277-3950 Telecopy: (941) 277-0078 The Authority and the City may, bynotice given hereunder, designate any further or different addresses to which subsequent notices or communications shall be sent. Section 9. Counterparts. 'This Interlocal Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Section 10. No Delegation of Authority. This Interlocal Agreement shall in no way be interpreted to authorize the unlawful delegation of the constitutional or statutory duties of the Authority, the City or any of their officers,'members, representatives or employees. Section 11. Unlimited Approval. The approval given in this Interlocal Agreement shall not be construed as an approval of any necessary zoning or rezoning applications nor for any planning or regulatory permits and the approval of this Interlocal Agreement shall not be construed to be waiver by either the Authority or, the City of, and neither the Authority nor the City shall, be stopped from asserting, any regulatory rights or responsibilities it may have with respect thereto. Page 5 of 6 IN WITNESS WHEREOF, the Capital Projects Finance Authority and the City of Okeechobee, Florida have caused this Interlocal Agreement to be executed and attested in their respective corporate names by their duly authorized officer's all as of the date first above written. [SEAL] Attest: By: Printed Name: Title: [SEAL] Attest: Bonnie S. Thomas, CMC City Clerk Approved by City Attorney as to form and legal sufficiency: CAPITAL PROJECTS FINANCE AUTHORITY By: Printed Name: Title: CITY OF OKEECHOBEE, FLORIDA By: James E. Kirk Mayor John R. Cook City Attorney Page 6 of 6 Sep 08 00 09:49a SHEFFIELD ENVIRONMENTAL 863 682 9582 Sep-07-00 04:59P onnett FAX 941 •7-0078 p.3 P.02 INTERLOCAL AGREEMENT This INTERLocAL AGREEMENT dated as of 2000, (the "Interlocal Agreement"), is made by and between the CAPITAL PROJECTS FW*ME AuTHORnY (the "Authority"), a public body corporate and politic duty created and existing under the laws and Constitution of the State of Florida, and Ctry of OKEECHoau, FLORIDA, (the "City"), a political subdivision of the State of Florida. RECITALS Pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01, Part 1, Chapter 163, Florida Statutes as amended (the "Interlocal Cooperation Act"), "public agencies," as defined in the Interlocal Cooperation Act, are authorized to enter into agreements with one another in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. The Interlocal Cooperation Act provides that a public agency may, pursuant to eor*W, exercise jointly with any other public agency any power, privilege or authority which such public agencies share in common which each might exercise separately. Pursuant to the Florida Industrial Development Financing Act, Part 11, Chapter 159, Florida Statutes, as amended (the "Industrial Act'), the Authority and the City are authorized to issue revenue bonds and loan the proceeds to quailed borrowers to, among other things, pay all or any part of the "costs of any project" (as defined in the Industrial Act). The Authority and the City are "public agencies" and desire, in order to assist in the development and maintenance of the public health, to accomplish economies of scale and other cost savings, to enter into this Interlocal Agreement to authorize the Authority to' issue revenue bonds or Notes (the "Bonds") and loan a portion of the proceeds to Sheffield Environmental Services, Inc., a Florida Corporation and/or one or more of their affiliates (collectively, the"Interlocal Borrowars'7, for the purposes of providing funds to, among other things: (i) pay or reimburse the Interlocal Borrowers for the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping a wastewater treatment facility looted within the geographical boundaries of the City; (ii) fund a debt service reservefund for the benefit of the Bonds, if deemed necessary or desirable by the Interlocal Borrowers; and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrowers. Sep 08 00 09:49a SHEFFIELD ENVIRONMENTAL 863 682 9582 p.4 Sep-07-00 04:59P lanett FAX 941 07-0078 P.03 In consideration of the mutual agreements contained in this Interlocal Agreement and upon the further consideration of the recitals in this Interlocal Agreement set forth above, it is agreed by and between the CAPITAL PROJECTS ANANC : AuTHawry and CITYOF OKEEc E, FLORIDA as 1011OW11: Section 1. DefinAbns. Unless the context otherwise requires, the blkm*g terms for all purposes of this Interlocal Agreement shall have the following meanings: "Acts" means the Industrial Act and the Interlocal Cooperation Act. 'Adrrariisfrator" means the administrator appointed pursuant to Section 4(c). "Aufhority" means CAPITAL PROJECTS FINANCE AuTHORrry, and its successors and assigns, as Issuer of the Bonds. 19ond lndenture "means the Bond Trust Indenture between the Authority and the Bond Trustee pursuant to which the Bonds are to be issued, and all related amendments and supplements. 'bonds" means the revenue bonds or notes issued in one or more series by the Authority, in part, on behalf of the City for the benefit of the Interlocal Borrowers under the Bond Indenture. "Bond Trustee" means the bond trustee selected by the Interlocal Borrowers and approved by the Authority, or any successor trustee under the Bond Indenture. "City means City of Okeechobee. Florida and its successors and assigns. "lnferfocalAgreement"means this Interlocal Agreementandall related amendments and supplements. "Loan"mews the ban to be made by the Authority to the Interlocal Borrowers to, among other things: (i) pay or reimburse the Interlocal Borrowers for the Costs of acquiring, constn.iciing, renovating, rehabilitating and equipping a wastewater treament facility and other eligible projects, (ii) fund a debt service reserve fund for the benefit of the Bonds, If deemed necessary or desirable by the Interlocal Borrowers; and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrowers. '-oan Agreement" means the Loan Agreement between the Authority and, among Whom, the Interlocal Borrowers, setting forth the terms of the Loan. 2 Sep 08 00 09:51a SHEFFIELD ENVIRONMENTAL 8 682 3582 p.5 Sep-07-00 04: 59P ennett FAX 941 7-0078 P.04 "Res ill ion" means a resolution of the governing body of a party to this Interlocal Agreement adopted for the purpose of approving and authorizing the execution of this Interlocal Agreement or any amendment to this Interlocal Agreement, or approving any action taken pursuant to this Interlocal Agreement when such approval Is required. Terms defined in this Section in the singular shall include the plural and vice verse. Section 2. Purposes. In order to assist in the development and maintenance of the public health and to accomplish economies of scale and other cost savings, the Interlocal Borrowers shall be permitted to borrow Bond proceeds from the Authority pursuant to the authority granted in the Acts for the purposes of providing for the issuance of the Bands by the Authority, among other things, to: (i) pay or reimburse the Interlocal Borrowers for costs of acquiring, constructing, renovating, rehabilitating and equipping a wastewater treatment facility and other eligible projects; (5) fund a debt service reserve fund for the benefit of the Bonds, if deemed necessary or desirable by the lntedocal Borrowers; and (iii) pay certain expenses incurred in connection with the issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity enhancement if deemed necessary or desirable by the Interlocal Borrowers. Section 3. Effective Date, Closing Conditions; Duration. This Interlocal Agreement shall become effective and shall be enforceable, within the meaning of the Intertocal Cooperation Act, upon receipt by the Administrator of: (i) the Resolutions duly adopted by the governing body of the Authority and the City, respectively, approving and authorizing the execution and delivery of this Interlocal Agreement; (ii) a counterpart of this tnterlocal Agreement, duly executed by authorized officers of the Authority and the City; and (iii) evidence satisfactory to the Administrator of the tiling of a duly executed counterpart of this Interlocal Agreement with the Clerk of the Circuit Courts of Okeechobee County, Florida and Glades County, Florida. The issuance of the Bonds shall be subject to the receipt by the Administrator of. (i) the documents and showings listed in clauses W through (iii) above; (d) an opinion of counsel to the City regarding the enforceability of the Interlocal Agreement and the City's resolution; (iii) an opinion of counsel to the Authority regarding the enforceability of Interlocal Agreement and the Authority's Resolution; and (iv) such other documents, opinions and showings as are enumerated in writing by the administrator prior to the issuance of the Bonds and the making of the Loan. The term of this Interlocal Agreement shall and upon the discharge of the Bond Indenture in accordance with the provisions of the Bond Indenture (other than a discharge resulting from refunding the Bonds). Upon the expiration of this Interlocal Agreement, any property or moneys not required to be used to pay principal, premium, if any, or interest on the Bonds and not otherwise required to be applied as required by the Bond indenture shall, to the extent permitted by tow, be distributed pro rata between the Interlocal Borrowers and the other parties to whom the Loans were made from proceeds of the Bonds. 3 Sep 08 00 09:52a SHEFFIELD ENVIRONMENTRL 863 682 8582 p.6 Sep-07-00 05:OOP anett FAX 94107-0078 P.05 Sechm 4. The 1nllerfocal Financing_ The Authority shall issue the Bands subject to the following conditions: (a) The Bonds. (i) The Authority shalt authorize the issuance and delivery of the Bonds pursuant to and subject to the terms and conditions of the Bond Indenture, the portion of which shall be attributable to the loan being in an aggregate principal amount not to exceed $10,000,000. The Bonds shall be unrated and shall bear interest, be subject to repurchase and redemption, be designated and be In the form, and have such other terms as are provided in the Bond Indenture, as finally executed and delivered by the Authority without further approval of the City, but subject in all respects to the provisions set forth in the Authority Resolution. If the Bonds are issued, the Authority shall be the sole issuer of the Bonds and the Bonds shall not identify the City as an issuer or obligor of the Bonds. The City shW1 not be responsible for any undertaking in connection with the Bonds except as set forth in this Interlocal Agreement. (ii) The Bonds, together with interest on the Bonds, shall not constitute a debt, liability or obligation of City of Okeechobee, Florida, the State of Fiords, Glades County or any political subdivision or agency of each, but shall be special and limited obligations of the Authority payable solely form, and shall be secured by, to the extent and in the manner provided in the Bond Indenture, a pledge to the Bond Trustee of the rights of the Authority under the Note and the Loan Agreement and the amounts in the funds and accounts created by the Bond Indenture. The City and its members, officers, agents and employees shall not be liable for the payment of the principal of, premium, if any, or interest on the Bonds, nor shall the City or its members, officers, agents and employees, be liable for any, other indebtedness or liability which may arise in connection with the issuance of the Bonds or the making of the Loan. Oii) The proceeds of the sale of the Bonds shall be applied in acoordance with the provisions of the Bond Indenture for the purposes specified in the Bond Indenture and in Section 2. (iv) The Bonds may be issued in one or more series and, if issued in more than one series, references in this Interlocal Agreement to the Bond Indenture, the Loan Agreement and the Note shad be deemed to Include, if necessary, any supplemental Bond Indentures or Loan 4 Sep 08 00 09:54a SHEFFIELD ENVIRONMENTAL 863 682 9582 p.7 Scup-07-00 05:OOP onett FAX 94157-0078 P_06 Agreements and any additional Notes executed and delivered in connection with the issuance of the Bonds. (v) The Interlocal Borrowers shall agree to pay any amounts owing on the Bonds pursuant to the provisions of Section 148(f) of the Internal Revenue Code of 1986, as amended. NO The Intedocal Borrowers shall pay any out-of-pocket costs, including the publication of the TEFRA notice, of the City in connection with its approval and execution of the Interlocal Agreement. (vii) The Interlocal Borrowers shall agree in the Loan Agreement to proted, indemnifyand save the Authority and the City, their members, officers, agents and employees against and from any and all liabilities, suits, actions, claims, demands, damages, bases, expenses and Hosts of every kind and nature incurred by or asserted or imposed against the Authority or the City, their members officers, agents and employees which may arise in connection with(fe'� issuance of the Bonds or the making of the loan. ,' (b) The Loan. (i) Pursuant to and subject to the terms and conditions of the Bond Indenture, the Authority is authorized to make available to the Interlocal Borrowers proceeds of the Bonds to be used by the interlocal Borrowers for the purposes set forth in Section 2 without further approval of the City. (ii) The Loan Agreement shall provide for payments sMclent to pay expenses incident to the issuance of the Bonds and any costs and expenses of the City and its counsel. (c) Administrator. Pursuant to Section 163.01(6) of the Interlocal Cooperation Act theAuthodty is designated the Administrator. The Administrator shall have and is delegated full power and authority to do all things necessary or convenient to carry out the purposes of this Interlocal Agreement, including, without limitation, the appointment of such agents or entities as are necessary or desirable to offeduate the issuance of the Bonds and the making of the Loan. 5 Sep 08 00 09:55a SHEFFIELD ENVIRONMENTAL 863 682 9582 p.8 Sep-07-00 05:oOP 01nett FAX 94107-0078 P.07 Section 5. Amendments. This Interl0cal Agreement may not be amended, charged modified or altered except by an instnunent in writing which shall be - (I) approved by a Resolution of the governing body of the Authority and of the City; (ii) executed by duty authorized officers of the Authority and the City; and (III) filed with the Clerk of the Circuit Courts of Okeechobee County, Florida and Glades County, Florida. Section 6. Severabay. If any terms or provisions of this Interlocal Agreement or the application ofthis Interlocal Agreement shall to any extent be invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such terms or provision to circumstances other than those with reaped to which it is invalid or unenforceable, shall not be affected thereby, and shalt be enforced to the extent permitted by law. Section 7. Governing Law. All questions with respect to the construction of this lntedocat Agreement, and the rights and liabilities of the parties to this Interlocal Agreement, shall be governed by the laws of the State of Florida. Section B. Notices. Any notice or other communication shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed as follows: If to the Authority: Capital Projects Finance Authority clo Offico of the City Clerk 99 Riverside Drive Moore Haven, Florida 33471 Attention: City Clerk Telephone: (941) 946-0711 Telecopy. (941) 946-29M If to the City: City of Okeechobee, Florida 55 S.E. V Avenue Okeechobee, Florida 34974 Attention: Mayor Telephone: (863) 763-3372 Teleoopy: (863) 763-1686 In each case with a copy to the Ackninistrator: C Sep 08 00 09:56a SHEFFIELD ENVIRONMENTRL 863 682 9582 p.9 Sep-07-00 05:01P Onett FAX 94107-0078 P.08 Public Finance Associates, Inc. P.O. Box 60674 Fort Myers, FL 33906 Attention: President Telephone: (941)277-3950 Telecopy: (941)277-0078 The Authority and the City may, by notice given hereunder, designate any further or different addresses to which subsequent notices or communications shall be sent. Section 9. Courift parts. This Interlocal Agreement may be executed In any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Ssdio» 10. No Delegation of Authority. This Interlocai. Agreement shall in no way be interpreted to authorize the unlawful delegation of to constitutional or statutory duties of the Authority, the City or any of their officers, members, representatives or employees. Section If. Unknited Approval. The approval given in this Interlocal Agreement shall not be construed as an approval of any necessary zoning or rezoning applications nor for any planning or regulatory permits and the approval of this Interlocal Agreement shall not be construed to be woelver by either the Authority or the City of, and neither the Authority nor the City shall be estopped from asserting, any regulatory rights or responsibilities it may have with respect thereto. 7 Sep 08 00 09:57a SHEFFIELD ENVIRONMENTAL 863 682 9582 Sep-07-00 05:01P nett FAX 94107-007B P. 10 P.09 IN WITNESS WHEREOF, the Capital Projects Finance Authority and the City of Okeechobee, Florida have caused this Interlocal Agreement to be executed and attested in their respective corporate names by their duty authorized officers all as of the date first above written. [SEAL] Attest: Title: Printed Name: (SEAL] Attest: ej l Clark Approved by City Attomey as to form and "I sufficiency: CAPITAL PROJECTS FINANCE AUTHORITY By: Printed Name: Title: CITY OF OKEECHOBEE, FLORIDA By: James E. Kirk Mayor City Attorney B EXHIBIT 6 — SEPT 19 AGENDA ORDINANCE NO. 758 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BYLAW ENFORCEMENT ARISING OUT n OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF NO. �, CITY OF OKEECHOBEE, FLORIDA; OR SUCH FUNDS K OBTAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 758 which ordinance sets forth procedures and establishes administrative fees for the detention, handling; storing and processing of such motor vehicles or other conveyances that are found to have contraband in such vehicle or conveyance when detained by law enforcement; WHEREAS, the disposition of any such funds by the City of Okeechobee, Florida should be made in a uniform and prescribed manner in order to accurately account for the fund, and to permit expenditures similar to those as are permitted by the provision of Florida Statutes 932.701 et.seq. WHEREAS, it is also in the best interests of the City to establish by ordinance a law enforcement trust fund for the deposit of such fees, as well as to comply with the provisions of Florida Statute 932.701 in the event any fee or fund is additionally obtained by virtue of the forfeiture of any real or personal property as set forth in Florida Statute 932.7055; WHEREAS, the City of Okeechobee, Florida has the authority to enact such ordinance as necessary to carry out legislation as set forth in Florida Statutes, for the health, safety and welfare of its citizens; it is NOW, THEREFORE enacted by the City Council, City of Okeechobee, Florida, the following ordinance: Section . Establishment of Fund. (a) There is established for the City of Okeechobee, Florida a separate fund, entitled "Law Enforcement Special Fund" , which shall be administered through the Finance Department for the City of Okeechobee, and placed on deposit with such financial institution as may be authorized by the City from time to time. Page 1 of 3 (b) The special fund shall be an account separate and apart from the General Fund or any other departmental fund within the City, and onlyfunds obtained from law enforcement for the City of Okeechobee shall be deposited in said account, and specifically only those funds obtained by virtue of Ordinance No. 758 which assesses administrative fees for the detention, handling, storing and processing of motor vehicles or other conveyances found to have contained contraband; or such fees as are obtained by virtue and as a result of a forfeiture of real or personal property as permitted by Florida Statutes 932.701 et.seq. The fund accounting shall be that normally used by the finance department using generally accepted accounting principles. The Finance department shall maintain separate ledgers and line -item accounting for deposits into the account for those deposits earmarked as recovered under the provisions of Ordinance No. 758; and for deposits into the account earmarked as recovered under the provisions of Florida Statutes 932.701 et.seq. The accounting methods used shall be such as to enable the City to maintain and verify separate sources and balances in such account for both the administrative fees and receipts from forfeiture of real or personal property. Section . Permitted Use of Funds. (a) All funds and interest thereon as are deposited and accumulated in the Law Enforcement Special Fund from the proceeds from the forfeiture of real or personal property as authorized by Florida Statute 932.701 shall by used by the City of Okeechobee only for one or more of the following: School resource officer; crime prevention; safe neighborhood; drug abuse education and prevention programs; or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations; providing additional equipment or expertise and providing matching funds to obtain Federal grants. (b) The fund, interest or proceeds thereof may not be used to meet normal operating expenses of the law enforcement agency. (c) All funds and interest thereon as are deposited and accumulated in the Law Enforcement Special Fund from the proceeds of any administrative fees collected under Ordinance No. 758 may be used for any legitimate law enforcement purpose by the police department, except such may not be used to meet normal operating expenses of the law enforcement agency. Section . Donation of Certain Forfeiture Funds. (a) For deposits into the special fund that are earmarked as having been recovered by the City under the provisions and authority of Florida Statutes 932.701, the "Florida Contraband Forfeiture Act", (The "Act") in each fiscal year in which those deposit meet or exceed the sum of $15,000.00 for such fiscal year, the law enforcement agencies of the City of Okeechobee must donate no less than 15 percent of such fund for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program. (b) The City Police Department, City of Okeechobee shall have the discretion to determine which program(s) will receive these designated proceeds. Section . Procedure to Expend Funds. (a) There shall not be permitted the withdrawal or expenditure of proceeds obtained under the forfeiture provisions of Florida Statute 932.701 which are deposited into the special fund, except by the following procedure. Page 2 of 3 (b) For those funds obtained via forfeiture of real or personal property as permitted under the Act, the Chief of Police, or his designee, Okeechobee, Florida, may by written request to the City Council, request an expenditure from the special fund, which request sets forth the expenditure, the cost thereof, and a written certification that the request complies with the requirements of Florida Statute 932.7055. For those funds obtained via the administrative fee authorized by Ordinance No. 758 the Chief of Police is authorized to expend up to the sum of $5,000.00 quarterly during the fiscal year without seeking further approval from the City Council, but the Chief or his designee shall comply with any purchasing/bidding requirements as may be in effect within the City at the time of such purchase, and use the funds only for those purposes permitted herein. (c) Any required requests for expenditures shall be placed on the next available agenda for the City Council for consideration. The Council shall grant or deny the request based upon the criteria of this ordinance and Florida Statute 932.701 et.seq. and in its discretion, may require further and additional information, or procedure(s), including but not limited to requiring request for proposals, formal bidding, or other purchasing protocol in order to obtain the most value and quality available for the item(s) requested. Introduced on first reading and set for public hearing this 19th day of September, 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed on second and final reading this 3`d day of October, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF ORDINANCE NO. , CITY OF OKEECHOBEE, FLORIDA; OR SUCH FUNDS OBTAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN F.S. 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has enacted ordinance no. which ordinance sets forth procedures and establishes administrative fees for the detention, handling, storing and processing of such motor vehicles or other conveyances that are found to have contraband in such vehicle or conveyance when detained by law enforcement; WHEREAS the disposition of any such funds by the City of Okeechobee, Florida should be made in a uniform and prescribed manner in order to accurately account for the fund, and to permit expenditures similar to those as are permitted by the provision of Florida Statutes 932.701 et.seq. WHEREAS it is also in the best interests of the City to establish by ordinance a law enforcement trust fund for the deposit of such fees, as well as to comply with the provisions of F.S. 932.701 in the event any fee or fund is additionally obtained by virtue of the forfeiture of any real or personal property as set forth in F.S. 932.7055; WHEREAS the City of Okeechobee, Florida has the authority to enact such ordinance as necessary to carry out legislation as set forth in Florida Statutes, for the health, safety and welfare of its citizens; it is THEREFORE enacted by the City Council, City of Okeechobee, Florida, the following ordinance: Sec. (To be numbered later). Establishment of Fund (a) There is established for the City of Okeechobee, Florida a separate fund, entitled "Law enforcement special fund" , which shall be administered through the Finance Department for the City of Okeechobee, and placed on deposit with such financial institution as may be authorized by the City from time to time. (b) The special fund shall be an account separate and apart from the General fund or any other departmental fund within the City, and only funds obtained from law enforcement for the City of Okeechobee shall be deposited in said account, and specifically only those funds obtained by virtue of ordinance no. which assesses administrative fees for the detention, handling, storing and processing of motor vehicles or other conveyances found to have contained contraband; or such fees as are obtained by virtue and as a result of a forfeiture of real or personal property as permitted by Florida Statutes 932.701 et.seq. The fund accounting shall be that normally used by the finance department using generally accepted accounting principles. The Finance department shall maintain separate ledgers and line -item accounting for deposits into the account for those deposits earmarked as recovered under the provisions of ordinance no. ; and for deposits into the account earmarked as recovered under the provisions of Florida Statutes 932.701 et.seq. The accounting methods used shall be such as to enable the City to maintain and verify separate sources and balances in such account for both the administrative fees and receipts from forfeiture of real or personal property. Sec. (To be numbered later) Permitted use of Funds (a) All funds and interest thereon as are deposited and accumulated in the law enforcement special fund from the proceeds from the forfeiture of real or personal property as authorized by F.S. 932.701 shall by used by the City of Okeechobee only for one or more of the following: School resource officer; crime prevention; safe neighborhood; drug abuse education and prevention programs; or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations; providing additional equipment or expertise and providing matching funds to obtain Federal grants. (b) The fund, interest or proceeds thereof may not be used to meet normal operating expenses of the law enforcement agency. (c) All funds and interest thereon as are deposited and accumulated in the law enforcement special fund from the proceeds of any administrative fees collected under ordinance no. may be used for any legitimate law enforcement purpose by the police department, except such may not be used to meet normal operating expenses of the law enforcement agency. Sec. (To be numbered later) Donation of certain forfeiture funds (a) For deposits into the special fund that are earmarked as having been recovered by the City under the provisions and authority of Florida Statutes 932.701, the "Florida Contraband Forfeiture Act", (The "Act') in each fiscal year in which those deposit meet or exceed the sum of $15,000.00 for such fiscal year, the law enforcement agencies of the City of Okeechobee must donate no less than 15% of such fund for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program. (b) The City police department, City of Okeechobee shall have the discretion to determine which program(s) will receive these designated proceeds. Sec. (To be numbered later) Procedure to expend funds (a) There shall not be permitted the withdrawal or expenditure of proceeds obtained under the forfeiture provisions of F.S. 932.701 which are deposited into the special fund, except by the following procedure. (b) For those funds obtained via forfeiture of real or personal property as permitted under the Act, the chief of police, or his designee, Okeechobee, Florida, may by written request to the City Council, request an expenditure from the special fund, which request sets forth the expenditure, the cost thereof, and a written certification that the request complies with the requirements of F.S. 932.7055. For those funds obtained via the administrative fee authorized by ordinance no. the chief of police is authorized to expend up to the sum of $5,000.00 quarterly during the fiscal year without seeking further approval from the City Council, but the chief or his designee shall comply with any purchasing/bidding requirements as may be in effect within the City at the time of such purchase, and use the funds only for those purposes permitted herein. (c) Any required requests for expenditures shall be placed on the next available agenda for the City council for consideration. The council shall grant or deny the request based upon the criteria of this ordinance and F.S. 932.701 et.seq. and in its discretion, may require further and additional information, or procedure(s), including but not limited to requiring request for proposals, formal bidding, or other purchasing protocol in order to obtain the most value and quality available for the item(s) requested. EXHIBIT 7 - Sor 14 49WO, ORDINANCE NO. 759 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.611, AS AMENDED, HEALTH AND BEAUTIFICATION; CODE OF ORDINANCES SECTION 8-10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNER COMPLIANCE AND REMEDIES FOR FAILURE TO COMPLY; CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida is charged with the responsibility to require landowners to maintain real property in an orderly manner to promote the aesthetic appeal of such property, and to prevent the existence of nuisances which affect the health and welfare of others within the City; WHEREAS, it has been shown that often such nuisances exist on real property owned by persons not residing in the area and are not available to correct the problems, or exist on real property owned by persons who do not diligently attempt to abate the nuisance; WHEREAS, it is the best interests of the City of Okeechobee that when a nuisance exists that prompt and expeditious means are available to the City to clean or abate the nuisance for the welfare of its citizens; NOW, THEREFORE, it is enacted by the City Council, City of Okeechobee, Florida, the following amendmentto the Code of Ordinances, Article I. In General. Section 8-10. Public nuisances, with paragraphs (a-c) not affected by this amendment: ARTICLE I. IN GENERAL. Section. 8-10. Public nuisances. (d) If the owner, agent or person in custody of any property upon which such nuisance should exist, fail, neglect or refuse to comply with the direction of the Code Board within the time provided, and such is verified by the Code Enforcement Officer, and the Code Officer confirms that the person responsible was noticed of the Board action by certified mail, the Code Officer is empowered to authorize the property to be cleaned and the nuisance abated by his own agents or authorized contractors. Prior to commencing such abatement, the Code Officer shall obtain a reasonable estimate for such abatement and present same to the City Administrator for approval. If in the opinion of the City Administrator the cost of abatement exceeds the reasonable value of the property or is otherwise not warranted, then enforcement of the order of the Code Board may proceed via other available alternatives under law. If abatement is approved, the Code Officer, his agents or contractors are authorized to enter upon such property and take whatever remedial measures are necessary to abate the nuisance to comply with the order of the Code Board, and to protect the health, welfare and safety of the citizens of the City of Okeechobee. Notwithstanding this Page 1 of 3 procedure, in the event the City Administrator should determine that the nuisance is in the nature on emergency or of such an immediate danger or risk to the public as to imminently affect the public health, safety or welfare of the general public, then the City may enter upon such property at any time to take whatever remedial action as is deemed reasonable and necessary to abate the nuisance to assure the public health and safety. In such instance, the City shall attempt all reasonable means to give the landowner, agent or person in custody of the property advance notice of the proposed actions of the City, although failure to achieve actual notice shall not prevent such abatement. (e) All costs incurred hereunder for the abatement of the nuisance, including administrative code enforcement expenses; labor, equipment and material expenses; and any costs reasonably related to the abatement shall be the responsibility of the landowner. The total costs as calculated by the Code Enforcement Officer shall be included in a resolution presented to the City Council, who shall levy a special assessment lien against such lot. Such resolution shall describe the landowner, parcel number, legal description of parcel or lot, and provide the total cost assessed. Until payment is made in full, such assessment shall be a legal valid and binding obligation and lien upon the property. The assessment shall become due and payable to the City as of the date of mailing a copy of the resolution by certified mail by the Code Enforcement Officer. Thirty (30) days after mailing, interest shall commence to accrue on the assessment at the rate of 12 percent per annum on any unpaid portion thereof. (f) As soon as possible after the assessment has been levied, a certified copy of the resolution shall be recorded in the official records of the Clerk of Court, Okeechobee County, Florida. The lien shall become effective as of the date of filing such copy with the clerk of the circuit court. (g) The property lien created under the provisions of this Article, together with interest thereon, may be enforced by civil action, including foreclosure in the appropriate court in the County. The liens created by this Article shall be a first lien equal in dignity and priority to a lien for nonpayment of property taxes, on any property against which an assessment of costs to abate the nuisance has been filed, and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstanding the procedures available to the City by this Article, the City retains the right and ability to proceed against the lot or parcel for abatement of nuisance by Chapter 60, Florida Statutes, or any other applicable provision of Florida Laws. CONFLICTS. Should any provision herein be deemed unenforceable or invalid for any reason, the remaining unaffected portions thereof shall remain in full force and effect. 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. Page 2 of 3 • EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Introduced on first reading and set for public hearing this 19th day of September, 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed on second and final reading this 3rd day of October, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 0 • Page 1 of 1 Lane Gamiotea From- Pain Paschke <parntcz%jdgilbert.com> To, 'Lane Garniotea' <lgarnioteatc;c ityf3foirWer hobee .corn> Sent: Thursday, September 14, 2000 10:24 AM Subject: Resolution on Fixed Assets Lane, Here are nay proposed alterations to the resolution, Please let Lola look over. Any questions, please give me a call. Thank you, Parma Paschke A RESOLUTION AUTHORIZING THE SUMMARIZATION OF .ALL PROPERTY OWNED WITH ORIGINAL COST OF 750 OR MORE AND ECONOMIC LIFE EXCEEDING ONE YEAR. THE INFORMATION DEVELOPED TO INCLUDE. (A) DEAL PROPERTY BASED UPON DEED RECORDS, SCHEDULING COST (WHERE AVAILABLE) AND INSURANCE VALUES AS ASSIGNED BY INDIVIDUAL PARCEL AND BUILDING, AND (B) A COMPREHENSIVE LIST OF TANGIBLE MOVEABLE PROPERTYWITH COST(i! HERE AVAILABLE) AND ASSIGNED VALUES AS PREPARED BY EACH CITY OF OKEECHOBEE DEPARTMENT. SUCH LIST TO BE COMPARED TO THE EXISTING ASSET RECORDS. (Deep next two paragraphs, excluding the word `°CIF`° from the second line of the first of these two paragraphs) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: The City administrator and staff of the City of Okeechobee are hereby authorized to prepare a comprehensive schedule of real and personal property of the City of Okeechobee to include first, historical east where available, then insurance value where available, then estimated value in absence of historical or insurance values, to result in a complete record of all assets in the Fixed Asset Group for financial reporting purposes. Such schedule need not include any moveable asset with an original value under $750; but shall include any easements granted to the City of Okeechobee. 09/14/2000 6 • RESOLUTION A RESOLUTION AUTHORIZING THE SUMMARIZING OF ALL LAND OWNED, DATE AQUIRED, LOCATION AND SIZE OF PARCEL ( FROM DEFARECORD). THE INFORMATION DEVELOPED SHOULD BE USED TO EVALUTE THE RECORDED VALUES. THE CITY OF OKEECHOBEE STAFF SHOULD COMPARE THE INSURANCE VALUES FOR BUILDINGS WITH ASSIGNED VALUES. FOR MOVEABLE PROPERTY, A COMPREHENSICVE LIST WITH ASSIGNED VALUES WILL BE INCLUDED BY EACH CITY OF OKEECHIOBEE DEPARTMENT ALONG WITH HISTORICAL RECORDS WHERE MISSING. WHEREAS, THE CITY OF OKEECHOBEE IS REQUIRED BY LAW TO RECORD AND INVENTORY Of CERTAIN PROPERTY; AND WHEREAS, THE AUDITOR GENERAL REQUIRES FIXTURES AND OTHER TANGIBLE PROPERTY OF A NON CONSUMABLE NATURE THE VALUE OF WHICH IS $750. OR MORE AND THE NORMAL EXPECTED LIFE OF WHICH IS ONE YEAR OR MORE, THAT EACH ITEM OF PROPERTY SHALL BE MARKED AND jADQUATE RECORD MAINTAINED. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: THE CITY ADMINISTRATOR AND STAFF OF THE CITY OF OKEECHOBEE IS HEREBY AUTHORIZED TO UTILIZE INSURANCE VALUES AND/OR DEED RECORDS TO AFFIX REASONABLE ESTIMATES WHERE NEEDED TO ESTABLISH A RECORD OF ALL ASSETS OF THE FIXED ASSET GROUP. INTRDUCED AND ADOPTED THIS 19TH DAY OF SEPTEMBER. 2000. JAMES E. KIRK MAYOR ATTEST: BONNIE S. THOMAS, CMC CITY CLERK APPROVED FOR LEGAL SUFFICIENCY: JOHN R. COOK CITY ATTORNEY SECTION II — FINANCIAL STATEMENT FINDINGS 99=1 Fixed Asset Grouo Condition: The City has not maintained adequate detailed fixed asset records in support of the recorded costs of the assets included in the general fixed assets group of accounts. The City contracted with a firm to evaluate the historic cost or donated value of all existing physical assets of the City. The project was not completed. The City did receive an insurance valuation for buildings and equipment in 1999 that has not been compared to the recorded assets. Context. We were unable to obtain sufficient supporting documentation to form an opinion with respect to the stated costs of property items acquired in years prior to October 1, 1981. We also could not obtain sufficient supporting documentation to form an opinion as to the cost of assets removed upon disposition of the water and sewer utility or the value of any assets transferred to the general fund on September 28, 1995. Recommendation: The City should summarize all land owned, including date acquired, location and size of parcel (from deed records) and determine a value for each parcel. The information developed should be used to evaluate the recorded values. Additionally, the City should compare the insurance values for the buildings with recorded values. For moveable property, a comprehensive list should be circulated to all departments and values assigned where historical cost records are missing. Then, the City Council should consider a resolution to utilize insurance values or other estimates to establish a reasonable record of all assets of the fixed asset group. Management � response: See separate letter of response. 99-2 General Led er Condition: The City has not performed appropriate reconciliation and balancing activities for general ledger balances. During 1998, the City implemented an in-house general ledger accounting system. In previous years, the City had utilized a bookkeeping service. The implementation of this system did not include establishment of proper reconciling and balancing procedures, which resulted in errors in the accounting records that were not detected in the normal course of business. This situation has been ongoing. Context: The general ledger was out of balance throughout the year, certain transactions were not properly recorded and certain balance sheet accounts were not reconciled to supporting detail. The most significant problems were in accounts receivable, revenue and payroll. All errors detected in the audit of the financial statements were corrected in all material respects. Recommendation: The City needs to establish specific daily and monthly balancing and reconciliation procedures. This should include all balance sheet accounts and transaction processing. All such procedures should be documented and properly filed. Management's response: See separate letter of response. 99-3 Accountin Records Condition: The City has not retained appropriate copies of and support for general ledger postings and monthly reports in an organized manner. The City processes all accounting transactions, which include such items as cash receipts, cash disbursements, payroll processing, and general journal entries. Context: We encountered difficulties in verifying transactions processed and correcting errors during the year the complete record of and support for certain transacti audit. ons could not be located. This is a repeat comment from the prior Recommendation: Reports should be generated documenting all transaction postings. These should be appropriately filed along with any support necessary to explain the nature of any non routine adjustment. Additionally, complete 30 C J.D. GILBERT 6 COMPANY CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: September 14, 2000 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION 1. City Hall Park ~ Construction has begun. Fill dirt has been spread by the City Public Works Department. Electrical work should commence within a few days followed by plumbing and concrete work. 2. Industrial Park/Sheffield Environmental - We are coordinating discussions and exploring potential development of the City's industrial park in conjunction with the Sheffield Environmental Group's proposal. An interlocal agreement with OUA is scheduled to come before the City Council on September 19tr'. Initial submittals prepared by consultants have been reviewed and approved by the SFWMD and Army Corps of Engineers. Additionally, the CDBG Economic Development Grant preparation is underway. The City Administrator has entered discussions with the County for possible financial help with regard to bridge and road construction. 1 3. OUA/City Workshop - The workshop was held ADMINISTRATION September 12' at 7 p.m. in the OUA offices. CONTINUED 4. Budget - The first budget hearing was held September 5' with the final budget hearing set for September 19'. 5. Change in trash collection billing - We are exploring the possibility of putting City residents and business trash collection billing on the tax bills. Talks may be initiated with the County following this fall's elections. 6. FYCC & Eckerd Youth Foundation - Both are working with the city to help uptown & weed medians. 7. Police Station - Discussions and plan fmalizations are underway with the contractor. 8. Hard Bodies Gym - City employees and spouses are getting a discounted membership rate of $15 / month. 9. Employee Dinner The next employee dinner will be held September 151. The menu will consist of 1/4 grilled chicken, baked potato, baked beans, coleslaw, roll, and tea. The cost will be $5.00. CITY CLERK 1. Code Enforcement Board - The City has an opening on the Code Enforcement Board. If you know anyone who is interested, please have them stop by the Clerk's office to pickup an application. 2. Police Officer Positions - There are two open positions. They will remain open until filled. K DEFARTMENT BOARD OF ADJUSTMENT The Board of Adjustment will meet September 26th. The following will be considered: 1. A variance to keep a tree from being removed. 2. A special exception for a car lot to be located at 1120 W N Park Street. CODE The Code Enforcement Board will meet on October 10th. The ENFORCEMENT agenda has not been set. POLICE 1. The Police Department is requesting the DOT paint lines distinguishing the second turn lane at Wal-Mart. 2. New uniforms have been ordered. PUBLIC WORKS Street Improvements - The pre -construction meeting with Better Roads is scheduled for September 251. Construction should begin soon thereafter. OUTSTANDING 1. The City Attorney met with the City ISSUES -CITY Administrator and Police Chief to discuss further actions ATTORNEY to be taken in the Marvin Brantley issue. OUTSTANDING 2. Updating and modernization of City Ordinances (Code Book ISSUES - CITY and LDR's • Telecommunications • Departments and ATTORNEY- Offices • Planning and Development • Streets and CONTINUED Sidewalks • Subdivision Regulations • Water and Sewer Regulations) The City Clerk has explored possibilities in this area as well. 3. Adelphia Cable TV Franchise Agreement Renewal. - A proposed franchise agreement is under review by the City Attorney. 4. Referendum for Tax Abatement for Economic Development For November ballot. 5. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - A meeting with the City Administrator, Attorney Cook and Jeff Sabin is planned. 6. Fire Hydrant Issue with the OUA ~ A meeting has been scheduled for September 12th at 7 p.m. at the OUA office. 7. Grit Bankruptcy case - Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. 8. Marvin Brantley - An appeal brief has been prepared for the City on the Brantley appeal. The Appellate Panel should give us a decision in September. OUTSTANDING 1. Updating required insurance programs, ie: safety, blood ISSUES born pathogens, drug -free workplace (Chief Tomey & Safety Committee) - Implementation of drug -free workplace & safety policies is currently underway. Training of department heads and most of the City Staff has been completed. 2. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook) 4 OUTSTANDING ISSUES - 3. Enhanced 911 (City and County Staffl CONTINUED Long --Term: 1. Apply for CDBG Grant for continuation of Downtown Project. 2. Address traffic congestion problems due to hurricane evacuations. - The City has been asked to participate in the planning of the widening of SR 70 in Okeechobee. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property - This is being addressed in conjunction with the Sheffield proposal NEWLY LICENSED I 1. Superior Sheds by Robert Wooley - 701. N. Parrot Ave BUSINESSES 2. American General Finance - Transfer - 319 N. Parrott Ave. 3. Colleens Corner - Thrift - 113 NW 91 Ave. 4. The Sign Store - 102 SW 10' St. 5. Don Hunter's Muffler 8v Auto Repair - 704 NE 2nd Ave. 6. Elbert Crews Produce - 805 Hwy 70 West 7. Michael Policy - Cabinet Manufacturing - 210 SW 7' Ave. 8. American Payday Advance Corp. - 501 NE Park St. 9. Computer Support of Okeechobee - 202 NE 2nd St. Ste. 2 10. Greg's Music and Sound - 420 SE Park St. 11. Back to Eden - Bookstore & Music - 222 S Parrott Ave. 12. One Stop Food Stores - 1212 E N Park St. 13. A Special Touch - Hair Salon - 212 S Parrott Ave. 5