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2001-07-10 Special176 CITY OF OKEECHOBEE JULY 105 2001 SPECIAL CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: July 10, 2001, City Council Special Meeting; 12:00 p.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert 04ver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea III. NEW BUSINESS. A. Motion to adopt Resolution No. 01-9 regarding Local Communications Service Tax - City Attorney (Exhibit 1). PAGE 1 OF 5 Mayor Pro-Tem Watford called the July 10, 2001 Special City Council Meeting to order at 12:00 p.m. City Clerk Thomas called the roll: Absent Present Present Present (Serving a s Mayor Pro-Tempore) Present Present Present Present Present Mayor Pro-Tem Watford noted briefly that he, Council Member Chandler and Administrator Veach met with the President ofthe Florida League of Cities, Mayor Scott Maddox (of Tallahassee) this morning. Mayor Maddox has taken on a project to visit every city in Florida, which is quite an impressive project, we had a very nice visit and discussed issues that are important to our City. Council Member Oliver moved to adopt proposed Resolution No. 01-9 regarding Local Communications Service Tax; seconded by Council Member Williams. Attorney Cook read proposed Resolution No. 01-9 by title only: "A RESOLUTION OF THE CITY OF ri('-CHOBEEl FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAY FATE; PROVIDINGZ FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROkADING AN EFFECTIVE DATE." JULY 10, 2001 - SPECIAL MEETING - PAGE 2 OF 5 177 III. NEW BUSINESS CONTINUED. A- I Motion to adopt Resolution No. 01-9 regarding Local Communications Service Tax continued. Consider a Restricted Covenant between the City and Mark Troendle - City Attorney (Exhibit 2). As explained in a memorandum to the Council by Attorney Cook, the purpose of adopting this resolution is to allow the City to continue receiving revenues from communication companies without having to adopt a formal franchise agreement. This is a result of new laws adopted by the State Legislature. By reviewing records of receipts from prior years, the State has calculated a formula whereby each city and county will receive a percentage of revenues from October 2001 through September 2002, which should be the same as the revenues received directly from the communication providers through franchise agreements. The problem is that no one knows how this is going to work out until the end of the first year. This resolution sets the percentage rate at the maximum allowed (5.10 percent) and if we do not assess permit fees to the providers, which we do not, then we can add on an additional .024 percent for a total of 5.43 percent, for the first year only. After the first year the rate will go back down to the 5.10 percent. Should the Council elect not to adopt the resolution, the rate will be set by the State Statute, which is 4.50 percent. Should the City determine after the first year that we received less revenue than we did in previous years through the franchise, the City can enact a resolution for the 2002-2003 year to make up for the short fall. The statute is designed so that no one will suffer a loss of revenue. The maximum rate, which is what this resolution proposes, raises the rate 8110 percent over the current rate. A brief discussion continued. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. In Exhibit Two was a Restricted Covenant prepared by Attorney Cook, between the City and Mr. Mark Troendle. Mr. Troendle owns two unplatted parcels of land in the Southwest section. He currently has a residence at 303 Southwest 21" Street which is on the north parcel. This parcel does not front Southwest 21" Street but is located South of Lots 6 through 11 of Block 40, Woodland Park. He had to purchase half of Lot 11 to make it a private drive and give him access from his parcel to 21" Street. He intends to sell the house at 303 Southwest 21" Street and build his new residence on the South parcel which has been assigned an address of 405 Southwest 22nd Street. Southwest 22nd Street is an open, platted street which has never been paved. The street basically dead -ends and Mr. Troendle's property begins. There is a City ordinance that mandates the paving of all City streets as the property they front is developed, with the burden of paving being put on the developer. JULY 10, 2001 - SPECIAL MEETING - PAGE 3 OF 5 178 III. NEW BUSINESS CONTINUED. I B. Consider a Restricted Covenant between the City and Mark There are two conditions for this ordinance, one is that you have a public right-of-way that other members of the public Troendle continued. will use once it is developed with access to another part of town. The other is to have the street paved as lots develop along the street. Attorney Cook's interpretation was that neither condition applies in this particular case since the street ends and his property begins and no other lots are established for future development. Mr. Troendle has agreed by signing the Restricted Covenant that. the street shall at all times remain an open City street. That he will cause the culvert at the right-of-way of SW 3' Avenue to be placed according to the specifications of the City and to pay for repairs, if any, to any sidewalk currently placed along 3' Avenue. No other improvements can be done other than a shell base. Create drainage facilities deemed necessary by the City and to City specifications and that they will not affect adjoining property owners. That he will regularly maintain the shell and drainage. Shall hold the City harmless from liability, etc. that should arise from use of the unpaved street. Pay for traffic control devises that may be necessary. Should the road be paved in the future, it will be done at his expense and to City specifications. The City has the right to revoke this covenant at any time and that the covenant will remain in effect regardless of any future owners of the property. Attorney Cook pointed out, the one issue of concern is whether the City is able to enforce all these restrictions. Council Member Chandler asked whether the City put in the culvert that is currently there. Public NJorks Director Robertson responded no, and that the property owner will have to remove it, purchase a new one, and pay to have the City install one by City standards. Council Member Williams moved to adopt the Restricted Covenant with Mark Troendle; seconded by Council Member Chandler. Council Member Oliver asked why it was put on the special agenda rather than waiting until the regular meeting which is next week? Attorney Cook answered that it was not the City's problem, but Mr. Troendle's problem, there was a hold up on the issuance of his building permit until this issue is straightened out as well as providing him a street address. Both of those have been issued. He (Mr. Troendle) has a closing pending on the other house that is contingent upon him proceeding on the new house and according to him, time is of the essence, so I told him we would set it up as soon as we could. Continuing the discussion, Mayor Pro Tern Watford stated he has a real problem when the City has a requirement) ordinance in place, everyone has to meet that requirement and then we make an exception for one person. I have saic many times these things come back to haunt us. Secondly, he agreed with Attorney Cook, how is Staff going to enforce this, especially paragraph "e" regarding that the grantor shall regularly maintain the street and drainage facilities at schedule and in such manner as directed by the City. JULY 10, 2001 - SPECIAL MEETING - PAGE 4 OF 5 179 III. NEW BUSINESS CONTINUED. B. Consider a Restricted Covenant between the City and Mark Troendle continued. C. Motion to grant Environmental Compliance Services, Inc. permission to place a monitoring well on the East half of Park "R" (Police Station) - City Administrator (Exhibit 3). Mayor Pro Tern Watford continued listing his reasons for objecting to the proposed issue, it was said earlier that the public will never use it, if they call the fire department or the police department they are going to expect them to respond and come down that street. In some cases a shell street is fine to respond to, but if it is not maintained or if something happened that could cause a problem. Also, they are going to expect the garbage truck to come down there and pick up their garbage. So there are some public uses of that street although the public may not avail themselves of the street, there are public facility uses. Council Member Oliver interjected, another issue, it says the City reserves the right to revoke or amend this agreement, what is going to happen down the road ten years from now with a new owner? Mayor Pro-Tem Watford called for any further discussion. There were none. Mr. Troendle was not present at the meeting. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - NO WATFORD - NO WILLIAMS - YEA MOTION DENIED. Council Member Chandler moved to grant Environmental Compliance Services, Inc. permission to place a monitoring well on the East half of Park "R" (Police Station); seconded by Council Member Oliver. There was a brief discussion on this item. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 180 JULY 10, 2001 - SPECIAL MEETING - PAGE 5 OF 5 III. NEW BUSINESS CONTINUED. D. Motion to approve a Grant and Indemnification Agreement between Council Member Chandler moved to approve a Grant and Indemnification Agreement between the City andthe County the City and the County regarding a LifePak 500 Automated regarding a LifePak 500 Automated External Defibrillator donated to the City by the County; seconded by Council External Defibrillator donated to the City by the County - City Member Oliver. There was brief discussion on this item. Administrator (Exhibit 4). VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. ADJOURN MEETING - Mayor. Economic Council Executive Director, Mr. Joey Varnadore reminded everyone of their invitation to the Luncheon Wednesday, July 11, 2001 at 12:00 p.m. at Fat Boys. There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 12:27 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 WHICH THE APPEAL IS TO BE BASED. 14 /'' / /1f ATTEST : ,: Dowli g R. Watford k, a or Pro-Tem Bonnie S. Thomas, CIVIC, City Clerk CITY OF OKEECHOBEE SPECIAL CITY COUNCIL MEETING - July 10, 2001 HANDWRITTEN MINUTES 4-aTM- CALL TO ORDER: - Mayor: L )a4t Opd ruay 10 2001 CXY C6"4w aeC4a.LMeet�% 12:00 P. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford R 1enp Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea apcw+ oWL rtiiob Lq Sew rncu a� , MN67- q l *V F-Lu- r-nj'Q" III. NEW BUSINESS. Page -I- AF n �; A. Council Member &— moved to adopt Resolution No. 01-9 regarding Local Communications Service Tax - City Attorney (Exhibit 1); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK 01 �+ 00 CHANDLER OLIVER L"-� Can 6)cta1e. xab �,e /f� WATFORD WILLIAMS v Ct) CIO `aal , :It f75 26-6� Mot!06 Came Denied. MOL iffav . -.�.� 7 des atJ- NQrt,' � . �cw %� c'uof� mgnU10 ,�x�cJ� �eu� d6 - /na=; a u • Page -2- B. Consider a Restricted Covenant between the City and Mark Troendle - City Attorney (Exhibit 2). CAntt Lp a-LU_ 4t) I -CLA X- taipa I L& a- A"Zi hU UWUd 4 6VU s� S /U d jat4,t 4 paw VY)Of- U&C a fv WOE Mb. W Or 6V2 6 i- f�� Oj -kLk$Ad- O-hanCg�� bLW4,i�, 4 * n� c4- emu- V - A (A, � LUQA4 f� ,mac to , hk* , h'ILt.. hake , } CZ &Ut) e' ,.��o GO Ott - moue VD acf oAI find ka . Du; - Lhaue PcUb-c,, fkd a gucp, n?c6 -aawhow Z6r- l,Q� CYx.¢o &�K /O �12�urf cut, 166 0& Gue. a)(ng --& 0?tvV "E P-.ud puljjc. fv{ ��n�C t� ua, ,EG Lwt 0AL ptcoc NC - Ou.i - kL l✓lo�a;, 02idd Page -3- C. Council Member moved to grant Environmental Compliance Services, Inc. permission to place a monitoring well on the East half of Park "R" (Police Station) - City Administrator (Exhibit 3); seconded by Council Member L VOTE YEA NAY ABSTAIN ABSENT�� KIRK Vol CHANDLER OLIVER v (,l)0- do d- on we 3a,� no ? WATFORD WILLIAMS " (�JI(� �VW F / _L. a _ 4JZ.hI.P (0VJ Moti Carried Denied. lob0 ..�14.0 t?.oNJC2� P'Lt q1k D. Council Member �_ moved to approve a Grant and Indemnification Agreement between the City and the County regarding a LifePak 500 Automated External Defibrillator donated to the City by the County - City Administrator (Exhibit 4); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ (�.j,, , �, Cu.Q. �itt`Q1J^L� � �o r�-�. �,�'� CHANDLER OLIVER ("-Sk ` OWL WATFORD �' V U WILLIAMS 1-Otucv�lrt q " W WJI? Moti arried Denied. Q 4.G�pLt ��vJ �IOCu 'Ib Lwt 4 ? 1�.2e � uk3-P ,b2 /Y>OtP -ItCtvud nv.A gi,S, &)')ocacte C06fam kwua hw_kpw [--of "61 wed IV. AGENDA -Mayor 2 �- �f� t Page -I- CITY OF OKEECHOBEE SPECIAL CITY COUNCIL MEETING - July 10, 2001 HANDWRITTEN MINUTES I. CALL TO ORDER: - Mayor: , ru.Ly io 2001 city ca"4 ca,5pec4cL7,Meetujg, 12 •oo p.m II. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea NEW BUSINESS. A. Council Member moved to adopt Resolution No. 01-9 regarding Local Communications Service Tax -City Attorney (Exhibit 1); seconded by Council Member C' G�� I VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Effied — Denied. t ozlt � L. G'(J� � � (i - ��G--� �Z/�'? G� � ✓�( /r-�j{/�/C��✓� �_ � it—� ��P 2�! �C �C4'2e' /✓�_-/`' C/� �/; • Page -2- B. Consider a Restricted Covenant between the City and Mark Troendle - City Attorney (Exhibit 2). Page -3- C. Council Member /� moved to grant Environmental Compliance Services, Inc. permission to place a monitoring well on the East half o ark "R';. (Pol' a Station Cit ddministrator`(Exhibit 3); seconded y Council Member �' bit /'G�1 G�d.7T C'C��( t�� VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio Ca 'ed — Denied. D. Council Member I moved to approve a Grant and Indemnification Agreement between the City and the County regarding a LifePak 500 Automated External Defibrillator donated to the City by the County - City Administrator (Exhibit 4); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD �. WILLIAMS Motion �rrie—Denied. �n/�✓y? �' ��„�;�c�--.,�i� G Ztt..z.. c ; L'L.v�-�-�-i�-�-v � ��,,� �°-t.�-�u-1'� — Ll..��C-�=� c�fr�c�_ ca 7l IV. AGENDA - Mayor CITY OF OKEECHOBEE JULY 10, 2001 SPECIAL CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 1 I. CALL TO ORDER - Mayor: July 10, 2001, City Council Special Meeting, 12:00 Noon. • II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea III. NEW BUSINESS. A. Motion to adopt Resolution No. 01-9 regarding Local Communications Service Tax - City Attorney (Exhibit 1). • B. Consider a Restricted Covenant between the City and Mark Troendle - City Attorney (Exhibit 2). C. Motion to grant Environmental Compliance Services, Inc. permission to place a monitoring well on the East half of Park "R" (Police Station) - City Administrator (Exhibit 3). D. Motion to approve a Grant and Indemnification Agreement between the City and the County regarding a LifePak 500 Automated External Defibrillator donated to the City by the County - City Administrator (Exhibit 4). IV. 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. u • ExxiBiT 1 — JULY 10 AGENDA RESOLUTION NO. 01-9 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2000 Regular Session, the Florida Legislature passed the "Communications Services Tax Simplification Law", creating Chapter 202, Florida Statutes (2000); and WHEREAS, Section 9, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends Section 202.19(2), Florida Statutes (2000), to state municipalities may impose a local communications services tax at a rate of up to 5.1 % for municipalities that have not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit fees. These maximum rates do not include the add- ons of up to 0.12% for municipalities authorized pursuant to section 337.401, Florida Statutes, for municipalities that choose not to levy permit fees, nor do the rates supersede conversion or emergency rates authorized by Section 202.20, Florida Statutes, which may be in excess of these maximum rates; and WHEREAS, Section 12, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202.20(1)(a), Florida Statutes (2000), to set the local communications services tax conversion rates for the period of October 1, 2001, through September 30, 2002. The conversion rates take effect without any action required by the local government; and WHEREAS, Section 12, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further amends Section 202.20(1)(b), Florida Statutes (2000), to set the local communications services tax conversion rates beginning October 1, 2002. The conversion rates take effect without any action required by the local government; and WHEREAS, Section 13, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature provides that notwithstanding any provision of Chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under Section 202.20, Florida Statutes, which is less than the maximum rate established under section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate, with such increased rate to be effective October 1, 2001 if notification of the increased rate is provided to the Department of Revenue by certified mail postmarked on or before July 16, 2001. During the period beginning on October 1, 2001, and ending September 30, 2002, the maximum rate established under Section 202.19, Florida Statutes, shall be deemed to be the sum of such maximum rate plus the difference between the conversion rates set forth in paragraphs (a) and (b) of Section 202.20(1), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION 1. Intent. It is the intent of the City of Okeechobee to increase its local communications services tax rate as provided in Section 13, Enrolled CS/CS/SB 1878 by the 2001 Page 1 of 3 Florida Legislature. Section 13, Enrolled CS/CS/SB 1878 provides that notwithstanding any provision of Chapter 202, Florida Statutes, to the contrary, any municipality that has a local communications services tax conversion rate established under Section 202.20, Florida Statutes, which is less than the maximum rate established under Section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate established under Section 202.19, Florida Statutes, with such increased rate to be effective October 1, 2001. For the period beginning on October 1, 2001, and ending September 30, 2002, the maximum rate established under Section 202.19, Florida Statutes, is deemed to be the sum of such maximum rate plus the difference between the conversion rates set forth in paragraphs (a) and (b) of section 202.20(1), Florida Statutes. The municipality must notify the Department of Revenue of such increased rate by certified mail postmarked on or before July 16, 2001. It is the further intent of the City of Okeechobee to increase its local communications services tax rate effective October 1, 2002 as provided in Section 202.19(2)(a), Florida Statutes, to the maximum tax rate of up to 5.1 % for municipalities that choose not to levy permit fees. SECTION 2. Increased Local Communications Services Tax Rate. The local communications services tax conversion rate established under Section 202.20(1)(a), Florida Statutes, for the City of Okeechobee is 4.50%, which is less than the maximum rate of 5.10% as determined under the provisions of Section 13, Enrolled CS/CS/SB 1878 The local communications services tax rate for the City of Okeechobee is increased to 5.34% during the period beginning on October 1, 2001, and ending September 30, 2002. As provided in Section 13, Enrolled CS/CS/SB 1878, this increased rate is to be effective October 1, 2001. The local communications services tax conversion rate established under Section 202.20(1)(b), Florida Statutes, for the City of Okeechobee is 4.50%, which is less than the maximum rate of 5.10% as established in Section 202.19(2)(a), Florida Statutes. The local communications services tax rate for the City of Okeechobee is increased to 5.10%. This increased rate is to be effective October 1, 2002. SECTION 3. Notice to the Department of Revenue. The City of Okeechobee directs that notice of the increased local communications services tax rate be provided to the Department of Revenue by certified mail postmarked on or before July 16, 2001, as provided in Section 13, Enrolled CS/CS/SB 1878. SECTION 4. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Page 2 of 3 SECTION 5. Effective Date. The effective date of this Resolution shall be immediately upon its passage by the City of Okeechobee, Florida. INTRODUCED and ADOPTED this 1011' day of July, 2001. ATTEST: Bonnie S. Thomas, CMC City Clerk LEGAL IN FORM AND VALID IF ENACTED: John R. Cook City Attorney Page 3 of 3 James E. Kirk Mayor ''/off OKEECy City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • 813/763-3372 July 5, 2001 MEMO: re: local communications services tax City Council: While complicated, this new law provides for communications providers to pay what would formerly be called a franchise fee to the Department of Revenue rather than individual cities and counties. By reviewing records of receipts from prior years, the state has calculated a formula, or "conversion rate", whereby each city and county will receive a percentage of revenues for October 2001 through September 2002, which in theory will be the same as the revenues we received in the past directly from the providers. The problem with the theory is that no one knows how this is going to work out the first year. Therefore, if we act prior to July 16, 2001, we can enact the resolution before you, by which we set the percentage rate at the maximum allowed, or 5.10%, and if we do not assess permit fees to the providers, we can add on, the first year, an additional .024%, for a total of 5.34% for the first year. Thereafter, for 2002-2003, the rate would go back down to the 5.10% figure. If we do nothing, the rate will be that set by the state in the statute for the city of Okeechobee, which is 4.50%. At first appearance, the obvious route to take is to take the maximum. This is not necessary, as if we determine after the first year that we received less revenue then when we were paid through franchise fees, we can enact, through resolution, a new conversion rate for 2002-2003 in excess of the state maximum 5.10%, to make up for the shortfall, and once made up, we drop back for 2003-2004 to the state rate. The statute is designed so that no one will suffer a loss of revenue, so if it works as planned, we will recoup our fees regardless of which method we choose. However, as you all would know, when the communications providers indicate they greatly prefer this new method (which they did), and the state entrusts the department of revenue to do the collections for the city, and to collect an "administrative fee" for themselves, (which they did), you get the feeling that if anyone loses in this method, it will be local government. Kindest Regards, f�- Jo R. Cook City Attorney • EXHIBIT 2 JuLY 10 AGENDA RESTRICTIVE COVENANT THIS INDENTURE, executed this -;;�5'day of June, 2001, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the state of Florida, (GRANTEE/CITY); and MARK S. TROENDLE, a married man, (GRANTOR), herein covenant and agree as follows: WHEREAS the Grantor is lawful owner of real property located in the City of Okeechobee, Florida, described as: A parcel of land lying in section 28 township 37 south range 35 east, more particularly described as: begin at the SE corner of the east '/Z of the SE 1/4 of the SW 1/4 of the NE 1/4 of said section 28; said point lying also on the west boundary line of Royal Oak addition, according to the plat thereof as recorded in plat book 1, page 8, public records Okeechobee county, Florida; thence bear N 01 *54'50" W along the east line of the said east '/Z of the SE 1/4 of the SW 1/4 of the NE 1/4 of section 28, and along the said west boundary line of Royal Oak Addition for a distance of 430.56 feet to a point; thence bear S 58*36'00" W for a distance of 183.97 feet to a point; thence bear S 87*47'10" W parallel with the south line of said east'/Z of the SE 1/4 of the SW 1/4 of the NE 1/4 of section 28 for distance of 170 feet to a point lying on the west line of said E'/z of SE 1/4 of SW 1/4 of the NE 1/4 of section 28; thence bear S 01 *51'57" E along said west line, for a distance of 340.83 feet to the SW corner of the said east '/z of the SE 1/4 of the SW 1/4 of the NE 1/4 of section 28; thence bear N 87*47'10" E along the said south line of the east '/z of SE 1/4 of SW 1,/4 of NE 1/4 of section 28 for a distance of 330.43 feet to the POB, containing 2.70 acres more or less. PARCEL I.D. # 2-28-37-35-OA00-00014-A000 WHEREAS the Grantor's real property abuts up against a platted, but unopened, City street known as S.W. 22"1 Street along its East boundary, which Grantor desires to use for ingress and egress to his property; WHEREAS the parties recognize that this unopened section of S.W. 22"d St. is adjoined on its North and South right of way by single family homes, and that said portion of the street will not be necessary for use by such adjoining landowners or the public at large; WHEREAS the typical requirements of the CITY would require that an unopened street to be paved at the expense of the developer with asphalt at CITY specifications if opened for use by a developer, and which would also be necessary for use by the public at large, which is not the situation in this instance; WHEREAS the parties desire to permit the use of this street under conditions which are binding on the Grantor, and all subsequent owners or assignees of the subject real property, and that such covenants and conditions run with the land; THEREFORE it is agreed by CITY and GRANTOR as follows; 1. All preceding clauses of declaration are incorporated into this agreement as an expression of intent of the parties. 2. That this agreement is entered into for the mutual benefits of the parties, with adequate consideration. 3. That the present owner, MARK S. TROENDLE, a married man, his successors and assigns at his expense, agrees to the following conditions for use of S.W. 22"1 St. from its boundary with S.W. 3'd Avenue and running to the West to the boundary of the lands of Grantor: and the CITY agrees to refrain from requiring that said street be paved with asphalt at the present time, upon strict adherence with these conditions: a. That the street shall at all times remain an open city street for use by the public at large. b. That Grantor shall cause the culvert at the right of way of S.W. 3' Avenue to be placed according to the specifications of the City, and to pay for repairs, if any, to any sidewalk currently in place along the right of way of S.W. 31 Avenue. c. That the Grantor shall not cause any improvements to the street other than a shell base, according to the specifications of the City. d. That the Grantor shall, according to the specifications of the City, create such drainage facilities as deemed necessary to permit run-off to drain to City -maintained drainage structures, so as to not affect adjoining landowners. e. That Grantor shall regularly maintain the street and drainage facilities at a schedule and in such manner as directed by the City. 4. That the Grantor shall hold the City of Okeechobee, Florida, its officers, agents and employees, harmless from liability and from any demand, suit, injury, death or claim of every nature arising out of the use of said street in an unpaved condition, for any injury or claim of himself, or of the public at large, or Grantor's invitees, or guests, who may travel along said street, due to any claimed defective condition of such street. 5. That the Grantor shall pay to the City reasonable expenses necessary for traffic control devises that may be necessary in conjunction with the use of S.W. 22"d St. 6. That this portion of S.W. 22"d Street shall not be hereafter be paved unless performed at all city specifications, and at the expense of Grantor. • 0 7. That the CITY reserves the unilateral right to revoke or amend this agreement at any time upon the sole discretion of the CITY as necessary for the best interests of the CITY, upon a writing duly recorded in the official records of the clerk of the circuit court. 8. That this agreement and covenants herein shall be binding on the Grantor, his successors, assigns, subsequent grantees, and of the heirs and executors of same, all of which shall run with, and be a covenant tied to the land. AGREED this 2A5�day of June, 2001. MARK S. TROENDLE STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE me, the undersigned authority, personally appeared MARK S. TROENDLE, who iN is personally known to me; or who ( ) offered the following identification: and who first being duly sworn states that he executed the foregoing for the purposes stated therein. Attest: CAROLYN ARNOLD MY COMMISSION # DD 02%46 'a EXPIRES: May 15 2005 1 Bonded Thru Notary Public Underwriters NOTARY LIC My commission expires; 15, a Df6 CITY OF OKEECHOBEE, FLORIDA By: Mayor Bonnie Thomas CMC 07/0412001 18:47 8136125910 ECS July 3, 2001 Mr. Bill VeEch Administrator City Hall Okeechobee, FL 34972 • EXHIBIT 3 JULY 10 AGENDA ENVIRONMENTAL COMPI MNCE SERVICES, INC. Reference: Pei -mission to Enter ,Property Dear Mr. Ve.ich: As per our conversation on July 3, 2001 I am sending you the Florida Department of Environmental Protection (FDEP) Permission Farm to enter your property adjacent to the Old Exxon Station, 104 North Parrot Avenue, Okeechobee, Florida. We are under contract with the FDEP to investigate, raonitor and retnediate contaminated soil and water. The groundwater contamination may have migrated off site towards the Okeechobee -City Police Department, which is situated across the street. We would appreciate if you would sign the attached " Permission To Enter Property" Form so that we can comply with the requirements of FDEP's work order Dumber 2001-93-0140-0. On July 16, 2001, as per this work order we will be installing one shallow downgradient monitoring well and abandoning one well already on site. The visible portion of this well would be a 24-inch square concrete pad with an eight -inch diameter steel access cover, approximately flush with the ground. If the::e are any questions or concerns please call Mir. Jinn Cheze or, .thyself at (813) 612-5900. Please fax. back the attached forma before July 16, 2001. We would appreciate if you would send us the original signed form through post. Sincerely, Environmental Compliance Services, Inc. �11� Visual Qat'c]I Project Geologist Attachment: Pennission Form Work Order C: Marc :B. Eichenholtz-ECS Jim C:aeze- ECS 588 Silver 5tre .t I S101d Guilford Road h 18 Shephord Srteet 1209 ierh Blvd,, 5uite 202 74 Boston Post Road Agawam, MA 01001 Brattleboro, VT O5301 Brighton, MA 02135 Tampa, FL 33619 Madison, U 06443 413-789-353C 802-257.1195 617.782-4417 813-612.5900 203-245.3322 Fox 413-789-2776 fax 602.257-1603 fax 617-254-5939 fax 813-612-5910 fax 20S-245-3494 ANWISSION TO ENTER PROPERT, 1. The City of Okeechobee hereby gives permission to Environmental Compliance Services, Inc. (ECS) and its agents and subcontractors to enter the undersigned's property ("the property"). 2. ECS is under contract with the Florida Department of Environmental Protection (FDEP) and this permission is contemplated to be used for the following activities which may be performed by ECS, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist. b. Investigation of soil and groundwater including, but not limited to, the installation and sampling of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, video taping, preparation of site sketches, taking photographs and the like. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3. Upon completion of the investigation, ECS will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned's successors and assigns for any contamination discovered on the property. 5. ECS, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6. ECS acknowledges and accepts its responsibility for damages caused by the acts of its employees while on the property and shall hold the City, its officers, agents and employees harmless from any claim, demand, injury or suit made as a result of the alleged negligence of ECS employees and defend and indemnify the City against same including attorney's fees and costs. 7. The FDEP acknowledges and accepts any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees or subcontractors acting within the scope of their employment while on the property. James E. Kirk, Mayor ATTEST: Date Bonnie S. Thomas, CMC, City Clerk • REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Accepted for ECS by the following authorized agent: Company Representative Date Witness Date . Work Order Number: 2001-93-014()-0 'Cost Center #: 37450404555 Gate ory 087888 ! FY 00-01 9 FDEP Facility JD#: 478630259 Score. 56 Contract # NIA Site Name. Exxon -Okeechobee E# ibili 9 ty: Priority Score rn Address (Street, City): 104 North Parrott Avenue, Okeechobee County: Okeechobee w Contractor Name: Environmental Compliance Services, Inc. CtD #: Contractor Address: 1029 Tech Bauievard, Suite 202 Tampa 00456 Contractor Representative: ,lames T. Cheze FIND #: 04-3050515 FDEP Site Manager: Susan Fields Phone #: {813) 612-5900 Phone #: _(8850) 921-0804 Cleanup Phase: RA Cleanup Activity, RAC 4 m. Work Order Description: (Attach Proposal) N _ � Per proposal dated March 29, 2001 and 10/29/98 DEP Assessment memo. Baseline sam fin of 5 wells. lrista I tiori P q CD sampling of one well and abandonment of one w )IL Groundwater recovery Pre aration and submittal of one Level 4 Report. and-- from 3 wells. 30 day sampling of 3 wells. _ ti ao Deliverable f: Level General Report Section: Due Date 1: September 10, 2001 m N Deliverable 2: Section: Due Date 2: 4 . { Deliverable 3: Section: Due Date 3: Deliverable 4: Section: >" Due Date 4: Period of Service: Contractor Representative Sk mnlurp nn►a T_ 07iO4/2001 18:47 8136125910 ECS PAGE 05 Peoleum Preapproval Program W094rder 1. Certification of performance a. The CONTRACTOR signing this Work Order agrees to bound by the terms and conditions contained herein. b. The CONTRACTOR signing this Work Order agrees to perform the approved scope of work at the approved cost. Any changes to the scope of work or cost must be approved in writing by the Department. c. The CONTRACTOR agrees that it is responsible for the professional quality, technical accuracy, timely compietior and coordination of all designs, drawings, specrieatigns, reports, other services and installations furnished under this agreement d. The CONTRACTOR represents that its services and installations shall be performed In a manner consistent with t level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time th services are porformed. e. The CONTRACTOR certifies that it currently meets all of the Qualifications for participation in the petroleum preapproval program as required by Sections 376'.30711(2)(b)-(c), Florida Statutes. The CONTRACTOR further certifies that it will not knowingly permit any of these Qualifications to lapse during the duration of this work order, The CONTRACTOR agrees that if any of the Qualifications do lapse that it will immediately notify the FDEP and will suspe the performance of this work order until all the Qualifications are met f. The CONTRACTOR certifies that it has read, understand and will perform all work In accordance with applicable statutes, and siny rules and guidance issued by the Department of Environmental Protection and the standards of performance therein. 2. Additional Terms and Conditions a, This work order is issued to the listed CONTRACTOR and is not transferable or assignable. However, pursuant tc Secton 376.3(17111,5)(a), F.S. invoices submitted pursuant to this Work Order are assignable. Persons wishing to exercise this option should contact the department for assistance. b, The issuenre of this work order does not constitute an approval, certification. or endorsement of the CONTRACTC by FDEP. The FDEP hereby gives its written consent to use the subcontractors designated In the proposal for ffi:e wo as designated in the proposal. Any deviation or substitution of subcontractors, or of the work they are to perform, mu be confirmed it writing by the FDEP. c. The issuan,e of this work order does not convey any vested rights or anyexclusive privileges. Neith%r does it authorize any Injury do public or private property or any invasion of personal rights, nor any infringement of federal, Ste or local laws o r regulations. This work order is not a waiver of or approval of any other Department permit or approva that may be required for other aspects of the total project which are not addressed. d. This work order does not relieve the CONTRACTOR from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by its activities or from penalties therefore; nor does it allow the CONTRACTC to cause or cc ntribute to pollution in contravention of Florida Statutes and Department rules. e. The Department may unilaterally cancel this Work Order for failure of the CONTRACTOR to allow access to public records as specified by Chapter 119, F.S. f. The CONTRACTOR, by accepting this work order, specifically agrees to allow authorized Department personnel, a personnel of a contracted county, to observe and inspect the work being performed under this work order including: (1) Access to any records that must be kept under conditions of the work order, (2) Inspection,of the facility, equipment, practices, or operations required under this work order: and (3) Sampling or monlinring of any substances or parameters at any location reasonable or necessary to assure complance wl1:h this wait order or Department rules. g. The CONTRACTOR agrees that this Work Order is subject to the applicable provisions of Section 287.056, F.S., and to Section 287.0582, F.S. cc: ewss; F&n page 2 of 3 vro440As/aPSs WO_10DOAt rev 10/00 8:47 813E125910 ECS PAGE 06 Peoeum, Preapproval Program Workder Work Order # 2001-53-0449-0 h. The CONTRACTOR shall pay all subcontractors and vendors under this agreement no later than thirty days after receipt of payment for their services from the Department. partial payments may be made 10 subcontractors upon receipt of such payment, provided that the amount of the partial payment is the same proportion as paid by the Department Adi subcontractors must be paid in full prior to submittal of the final invoice for this Work Order. A properly completed Contractor Af idavit/Release of Claim must accompany the final invoice for this Work Order, i. If this Work Qrder has been issued pursuant to a Preapproved Advance Cleanup (PAC) or Petroleum Cleanup Participation Program (POPP) contract then the termination of that contract may result in the immediate termination o this Work Order, 3. Retainaoe_and Forfeiture of Retainaae a. The CONTRACTOR agrees that the retainage withheld on this Work Order shall not be paid until the full scope of work has been completed to the satisfaction of the Department. s b. If the CONTRACTOR fails to perform the required scope of work or falls to perform the work in a satisfactory manner, then payment for that work will be forfeited and retainage for the entire Work Order will be forfeited. Failure to perform includes failure to submit the required deliverable or failure to provide adequate documentation that the work was actually performed. In accordance with Section 375.30711(5)(b), F.S., CONTRACTORS who fat to perforn the terms of a Preapproval agreement can be barred from further participation in the program. c. If a Deliverable required by this Work Order is submitted after the due date for the Deliverable then the Department reserves the right to withhold payment of the retainage for the entire Work Order. 4. Audit - Access to Records a. The CONTRACTOR shall maintain books, records and documents directly pertinent to performance under this WORK ORDER in accordance with generally accepted accounting principles consistently applied, The Department, the State or their authorized representatives shall have access to such records without charge for audit purposes during the term of the WORK ORDER and for three years following WORK ORDER completion. It is not the department's Intention to use these audits to seek cost recovery of over -payments, but rather to use these audits to revise and refine the department's cost estimating policies and procedures. However, cost recovery will be pursued if there is evidence of fraud or other illegal activity,. 5. Dispute Resolution - Suspension or Cancellation of Work a, The FDEP ray order a suspension or cessation of work in order to resolve disputes regarding a CONTRACTOR'S performance or the performance of their subcontractor. If this is necessary, the Department will notify the CONTRACTOR by certified mail with a copy of the notification sent to the property owner. The CONTRACTOR will no be paid for anywork performed during such suspension or cancellation unless the dispute is later resolved to include such payment The Department or CONTRACTOR may request a suspension or cancellation of work. The Department reserves the right to suspend or cancel work for good cause. Good cause includes, but is not limited to, any audit or report indicating that any phase of actual worts completed was inconsistent with the approved scope or cost, or failure of a CONTRACTOR to maintain its required qualifications. b. Suspension or cancellation is not automatic. A notice of intent to suspend or cancel work must be sent certified mail and give the other party at least ton (10) working days to respond. If the deficiency Is remedied within the 10 day period, the Work Order will remain in effect. If the CONTRACTOR does not remedy the deficiency within the 10 day period the Work Order shall be deemed suspended or canceled at the discretion of the Department within 10 days of the close of the 10 day remedy period. In the event the Department determines, in its sole discretion, that the CONTRACTOR is in breach of the terms and conditions of this Work Order, the Department reserves the right to exercise all rerrredles at law and equity. Cc aPss; fao page 3 of 3 wo448.43r9P33 wo_1000,xit rev 1=0 07/04/2001 18:47 8136125 0 �EaS PAGE 07 P4GE 04 r a ti�a 'v IA �� pp^ 2 O IV MART ev OOIVCIIETC OONd1ETi '"''b o►+�l4llt cum ASPHALT P*A)w T dC i p� CONCIILTt PA110 ir a _2 commm Comm B ASPH&T PAVVMff o> x A"WLT, PAuU" comeft E NCAlETE 9pEWAl1( h AW*wr PAtZgxT STATE A4A0 NO, 70 - NORTFI AST PARK CMUT AW$W.T PNEWDor CONCNeeR CORN x Mr 4 W*0 PAWU R or a e«�ev or owi g SCAM (feet) w°°-, Xo1v17a1v.�uc � co�:fxa►+a . ,�,,,, aaap i►o�rrrauxa >RL� xvrrrra�v w land NAN TlD MY, APPIIOVwa dYT Mou", NVAIB�R: 1 rear MZB PRO✓BCT Arg, M40 _ ..:::. sNVrR0xer8NTaz 94� SITS COMPUANCZ 00 5tJ Ftor"a Dep aat"Wnt of FORU'v'R OiTSC,IIOB x XZM V SJTB �;;.:::: SB)iv7c 'S Bnv4rU7MWY'LW Protoottan, 104 N. FIRRM AVSJVDl sx�uvD tfra 1► oA► 1LVD, STB. tION 11A� 01W'1C808Z'.i', FLOAIDA APANDON, FL a56r r • 0 EXHIBIT 4 ^- GRANT AND INDEMNIFICATION AGREEMENT JULY 10 AGENDA (LifePak 500 AED) THIS GRANT AND INDEMNIFICATION AGREEMENT is made this day of , 2001, by and between the CITY OF OKEECHOBEE, a municipality of the State of Florida, (hereinafter referred to as "GRANTEE"), and OKEECHOBEE COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, (hereinafter referred to as "COUNTY"): WHEREAS, the COUNTY is a political subdivision of the State of Florida having a duty to provide services for the interests of its citizens; and WHEREAS, the COUNTY has determined that a grant of the property described below will be a benefit to the citizens of Okeechobee County; and WHEREAS, in furtherance of that duty, the COUNTY will provide the GRANTEE with a LifePak 500 Automated External Defibrillator, which is a semi -automatic defibrillator that analyzes a patient's electrocardiographic rhythm and indicates whether or not it detects a shockable rhythm; and WHEREAS, the GRANTEE will have sole use, possession, and ownership of such LifePak 500 AED, under the terms and conditions set forth in this Agreement; and WHEREAS, GRANTEE has represented that GRANTEE'S use of the property will be consistent with the representations herein made or heretofore made to the COUNTY. NOW THEREFORE, IN CONSIDERATION of the sum of $10.00, and other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed: THAT the foregoing recitals are true and correct and constitute the material basis for the parties to enter into this Agreement. 2. DESCRIPTION OF GRANT. THAT the COUNTY shall donate to the GRANTEE a LifePak 500 Automated External Defibrillator (hereinafter referred to as "LifePak 500 AED"), which is a semi -automatic defibrillator that analyzes a patient's electrocardiographic rhythm and indicates whether or not it detects a shockable rhythm. 3. THAT GRANTEE acknowledges and agrees that LifePak 500 AED is intended for use by personnel who have: a. CPR training; and b. AED training equivalent to that recommended by the American Heart Association; and C. Training in the use of the LifePak 500 AED. [7000-42534. WPD] 4. THAT GRANTEE shall use the LifePak 500 AED in accordance with its intended use as set forth herein. 5. THAT COUNTY shall not be liable for injury arising from GRANTEE's use of the LifePak 500 AED. 6. THAT to the extent allowable by law, GRANTEE will undertake to indemnify COUNTY from any and all liability, loss, or damage COUNTY may suffer as a result of claims, demands, costs, or judgments against it arising from the operation and activities of GRANTEE in connection with the use of the LifePak 500 AED. 7. THAT in the event that any claim in writing is asserted by a third party which may entitle COUNTY to indemnification, COUNTY shall give notice thereof to the GRANTEE which notice shall be accompanied by a copy of statement of the claim. Following the notice, GRANTEE shall have the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If the GRANTEE shall fail timely to defend, contest or otherwise protect against any suit, action or other proceeding arising from such claim, COUNTY shall have the right to defend, contest or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to the GRANTEE, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. 8. THAT nothing herein shall be construed as a waiver of any Parry's sovereign immunity as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. THAT it is specifically agreed that the GRANTEE is not a servant, employee, joint adventurer or partner of the COUNTY. It is further agreed that no agent, employee, or servant of the GRANTEE shall be deemed to be the agent, employee, or servant of the COUNTY. None of the benefits, if any, provided by the COUNTY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the COUNTY to the employees, agents, or servants of the GRANTEE. GRANTEE agrees to comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to the GRANTEE. 10. THAT the GRANTEE shall assure the funds or property received shall not be used for any illegal purpose and that no person shall be excluded, on the grounds of race, color, creed, national origin, [7000-42534.WPD] Page 2 of 3 handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Agreement. 11. THAT this Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. This Agreement shall bind the parties, their assigns, and successors in interest. 12. THAT this Agreement shall be governed in accordance with the laws of the State of Florida and venue of any action thereon shall be Okeechobee County. IN WITNESS WHEREOF, the undersigned has executed this agreement on the day and year first above written. CLIF BETTS, JR., Chairman BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA ATTEST: Sharon Robertson, Clerk BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA Mayor CITY COUNCIL CITY OF OKEECHOBEE, FLORIDA Grantee ATTEST: Clerk CITY OF OKEECHOBEE, FLORIDA [7000-42534.wPD] Page 3 of 3