Loading...
1999-06-15__A CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 16 I. CALL TO ORDER: - Mayor: June 15, 1999, City Council Regular Meeting, 6:00 p.m. Mayor Kirk called the June 15, 1999 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend J.P. Ziegler; III In Reverend Ziegler's absence, Council Member Watford offered the invocation; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the pledge of allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. III Clerk Thomas called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Robert Oliver Absent Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Robert J. Bradshaw Present City Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present V. MINUTES - City Clerk. ,7/9 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of May 18, 1999. 11 Regular Meeting of May 18, 1999; seconded by Council Member Markham. Discussion: None. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. VDJUNE 15, 1999 - REGULAR MEETING - PAGE 2 OF 16 V. WARRANT REGISTER - City Administrator. A. Motion to approve the May, 1999 Warrant Register in the amounts, Council Member Watford moved to approve the May, 1999 Warrant Register in the amounts, General Fund one General Fund $188,606.57 and Public Facility Improvement Fund hundred eighty-eight thousand, six hundred six dollars, fifty-seven cents ($188,606.57) and Public Facility Improvement $85,428.00. Fund eighty-five thousand, four hundred twenty-eight dollars ($85,428.00); seconded by Council Member Markham. Discussion: None. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. VI. AGENDA - Mayor. A. Request for additions, deferrals or withdrawal of items on today's Mayor Kirk asked whether there were any additions, deferral's or withdrawal's of items on today's agenda. None were agenda. stated. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:03 p.m. A.1. a) Motion to read by title only proposed Ordinance No. 729 regarding Council Member Watford moved to read by title only proposed Ordinance No, 729 regarding a request to close the a request to close the alleyway's in Block 71, City of Okeechobee - alleyway's in Block 71, City of Okeechobee; seconded by Council Member Markham. City Attorney (Exhibit 1). 11 b) Vote on motion to read by title, VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. DUNE 15,1999 - REGULAR MEETING - PAGE 3 OF 16 7zl VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1 c) City Attorney to read proposed Ordinance No. 729 by title only. Attorney Cook read proposed Ordinance No. 729 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 71, CITY OF OKEECHOBEE, AS —� RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 729. Council Member Markham moved to adopt proposed Ordinance No. 729; seconded by Council Member Chandler. b) Public Comment. Mayor Kirk asked whether anyone from the public had any questions or comments. There were none. He then asked for questions from the Council. Council noted this is the property surrounded by Northwest 61h and 7`h Streets and Northwest 61h and 7th Avenues. The intended use of the property is not known. However, Council recently approved a rezoning request to Industrial. c) Vote on motion. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. CLOSE PUBLIC HEARING. III Mayor Kirk closed the Public Hearing 6:05 p.m. VI11. OPEN PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK Mayor Kirk opened the Public Hearing for Community Development Block Grant Program at 6:06 p.m. GRANT (CDBG) PROGRAM - Mayor. A. 1. a) Discuss the Summary of Grant Application - Nancy Phillips, Grant Nancy Phillips of Craig Smith and Associates, addressed the Council stating this is the second of two required public Administrator, hearings to allow the City to apply for Federal Fiscal Year 1999, Community Development Block Grant (CDBG) funds in the Housing Rehabilitation Category. The application deadline is June 30`h and they will submit the application on b) Public comment. June 29" for the City. There are three activities that we will be undertaking with these funds. The city is eligible to receive up to six hundred thousand dollars ($600,000). We will be rehabing twenty-one owner/occupied low to moderate CLOSE PUBLIC HEARING. income houses of which very low income residents will occupy seven of those. The major funding category is housing rehab demolition replacement at four hundred ninety-five thousand dollars ($495,000). lizz JUNE 15,1999 - REGULAR MEETING - PAGE 4 OF 16 70 _A PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. Then we will also be having a temporary relocation fund category at fifteen thousand dollars ($15,000.00) that allows A.1. a) Discuss the Summary of Grant Application continued us to assist individuals that are having their homes rehabed with storage fees as well as move in and move out expenses; and then there is the grant administration at 15 percent of the grant award. Based on a total project cost of five hundred ten thousand dollars ($510,000.00) the average housing unit cost is twenty-four thousand, two hundred eighty-five dollars ($24,285.00). Okeechobee County has agreed through an Interlocal Agreement that will be acted on later in tonight's meeting to leverage forty thousand dollars ($40,000.00) of its SHIP funding during the two year grant program. We appreciate the County's assistance with this. This is a competitive grant program and by the leveraging of this forty thousand dollars, the City was able to score eight points in that. Eight points can make the difference between being funded and not being funded. Based on an application score of a possible one thousand points the applications current score is 698.58 points. That score will change based on the payroll that I will be looking at on Friday of this week as well as we are still trying to document some code enforcement activities and we will continue to monitor this through Friday of this week which is the cut off date in order for us to process the complete grant application. So, be aware that the score could go up or it could go down by a few points. This concludes my presentation for the public hearing, if you would like to open it up to public comment. b) Public comment. III Mayor Kirk asked whether there were any comments from the public. None were stated. Council Member Watford asked if Mrs. Phillips could tell them what the City's chances are, the score seemed low. Mrs. Phillips responded they are marginal in all reality, last year the cut off was seven hundred forty-nine points out of a possible one thousand. However, they only put 8 percent of the statewide allocation into rehab housing last year due to some emergency money that got taken out, this year it is 10 percent of statewide allocation. The City is close, but we will have to wait and see, that is why points are so critical. Administrator Bradshaw interjected that staff is aware we are coming in kind of low, the strategy is to set the ground work up for the next year. All this will carry over to next year. Mrs. Phillips continued, every community that is eligible for this program has what is called community -wide needs score and that is based on a mathematical calculation that the state performs to make a level playing ground for all communities. That score will go back up with the new census in the year 2000. Your score just came down because of the factthat you just dosed out a CDBG in commercial revitalization but in the year 2000 your score will go back-up to what the new calculation is based on the need and census data, they anticipate that is going to be about 2002, 2003 before they have all that compiled so hopefully if we do not get funded this year within the next years funding we can work to gain more points in the areas that we are short. 7zAJ JUNE 15,1999 - REGULAR MEETING - PAGE 5 OF 16 Vill. PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. b) Public comment. Council Member Watford then asked whether the actual number of homes have been identified. Mrs. Phillips responded that part of the assistance plan that you will be taking action on tonight establishes the criteria that you go through in order to select the applicants as well as the housing units, at this point in the application, the state does not require that you identify the unit that you are going to rehab. This gives you the flexibility if a community is funded, to go out and do some education and work with the residences of the community so that you can address those homes that need the most work. The Fire Department did do a windshield tour for us and came up with over two hundred homes and addresses. We will use that as part of our basis if we are funded. Mrs. Phillips explained in response to the question whether City residents could apply for the County's new housing grant, City residents are not eligible, only the unincorporated areas, that is why the City must apply for their own money. Council Member Watford commented that he never thought that was a fair rule, especially since the County has a better chance at receiving these grants than the City. CLOSE PUBLIC HEARING. III Mayor Kirk closed the Public Hearing at 6:15 p.m. IX. OPEN PUBLIC HEARING FOR THE FAIR HOUSING WORKSHOP FOR III Mayor Kirk opened the Public Hearing for the Fair Housing Workshop for Elected Officials and General Public ELECTED OFFICIALS AND GENERAL PUBLIC - Mayor. at 6:16 p.m. A.1. a) Review the Fair Housing Workshop Training Manual - Nancy Nancy Phillips, Grant Administrator addressed the Council regarding a Fair Housing Workshop. Mrs. Phillips explained Phillips, Grant Administrator (Exhibit 2). that the CDBG program is a competitive process, we gain points in our application for holding a public hearing on what is fair housing. Included in the workshop manuals are a requirement to the grant when you accept the CDBG you make the assurance to the State of Florida that you will affirmatively further Fair Housing. Fair Housing is basically the right of every American to live where they choose and raise a family where they choose. To own a home in dignity and without fear of discrimination. Fair Housing choice means the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap, familiar status to have available to them the same housing choices. This is a right that is protected by State and Federal laws. The Fair Housing Act also protects individuals with disabilities. You can have a physical disability or you can have mental disability. Basically, what the program is trying to do is to prevent discrimination as it pertains to housing in your community with the sale of houses or the rental of real estate. Fair housing discrimination usually occurs when someone is going to view an apartment or to rent an apartment, to view or purchase a home, to apply for a house mortgage or to purchase home owners or renters insurance. The Federal Fair Housing Act requires that every local government work to prevent the discrimination of housing due to those seven protected classes: race, color, religion, sex, national origin, handicap JUNE 15,1999 - REGULAR MEETING - PAGE 6 OF 16 7z5 IX. X. PUBLIC HEARING FOR THE FAIR HOUSING WORKSHOP FOR ELECTED OFFICIALS AND GENERAL PUBLIC CONTINUED. A.1. a) Review the Fair Housing Workshop Training Manual continued. or familiar status in the areas of rental or real estate transactions. By working with your local government and the lenders in your community when the grant is awarded to us we will be able to identify if we are experiencing these types of problems, if there is an individual that feels that they are being discriminated against in the area of Fair Housing if they will come to the City, to Mr. Bradshaw's office. I will assist him in contacting HUD to assist them with the paperwork that is required to file a complaint There is an "800" number and HUD takes this very seriously. Once we get into the grant process I will work with the City as your consultant to develop a program to affirmatively further Fair Housing in your community that complies with the Federal and State Regulations. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public. None were state. Council Member Markham asked whether the lending institutions were also under the Fair Housing Act, Mrs. Phillips replied yes they are. CLOSE PUBLIC HEARING. III Mayor Kirk closed the Public Hearing at 6:19 p.m. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 99-4 authorizing the filing Council Member Watford moved to adopt proposed Resolution No. 99-4 authorizing the filing for a Florida Small Cities for a Florida Small Cities CDBG Housing Rehabilitation Application CDBG Housing Rehabilitation Application with the Department of Community Affairs and Designation of Signature with the Department of Community Affairs and Designation of Authority; seconded by Council Member Markham. Signature Authority - Nancy Phillips, Grant Administrator (Exhibit g). Discussion: Council Member Watford asked if this was just the authorization to submit the grant application? Mrs. Phillips responded yes. Attorney Cook read Resolution No. 99-4 by title only as follows: "A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 1999 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS AND DESIGNATION OF SIGNATURE AUTHORITY." 724 JUNE 15,1999 - REGULAR MEETING - PAGE 7 OF 16 X. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 99-4 authorizing the filing VOTE for a Florida Small Cities CDBG Housing Rehabilitation Application KIRK - YES with the Department of Community Affairs and Designation of CHANDLER - YES Signature Authority continued. MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. B. Motion to adopt proposed Resolution No. 99-5 adopting Housing Council Member Watford moved to adopt proposed Resolution No. 99-5 adopting Housing Assistance Plan Guidelines Assistance Plan Guidelines for the CDBG Program - Nancy for the CDBG Program; seconded by Council Member Markham. Phillips, Grant Administrator (Exhibit 4). Attorney Cook read proposed Resolution No. 99-5 by title only as follows: "A RESOLUTION ADOPTING THE FEDERAL FISCAL YEAR 1999 HOUSING ASSISTANCE PLAN GUIDELINES FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM." Discussion: Council Member Markham asked if the resolution adopted the guidelines that were set out in the attachment. Mrs. Phillips explained, yes, when you make application for a housing rehabilitation grant the State requires you to adopt a local policy that governs the program that has to comply with eighteen State requirements. This policy address those requirements. If we get into the program, and we see that we need to make a change to this plan we can do that by notifying the Department of Community Affairs as to what the change will be and then take action on it at that time. Council Member Watford asked if the repayment schedule was standard? Mrs. Phillips responded yes, throughout the State, a five year deferred payment loan. VOTE KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. DUNE 15,1999 - REGULAR MEETING - PAGE 8 OF 16 7z7 X. --A NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 99-6 adopting a Citizen's Participation Plan - Nancy Phillips, Grant Administrator (Exhibit 5). D. Motion to adopt proposed Resolution No. 99-7 adopting CDBG Program Procurement Procedures - Nancy Phillips, Grant Administrator (Exhibit 6). Council Member Watford moved to adopt proposed Resolution No. 99-6 adopting a Citizen's Participation Plan; seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 99-6 by title only as follows: "A RESOLUTION ADOPTING A CITIZEN'S PARTICIPATION PLAN." Discussion: Council Member Markham asked if this would be for the applicants, their guidelines? Mrs. Phillips explained yes, as well as establishes a complaint process for them to go through if they have a compliant. It is a requirement that every community has this. Going back through your old files we were missing two policies, the Citizens Participation Plan as well as the Procurement Policy, because of that it was necessary to redraft these. VOTE KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 99-7 adopting CDBG Program Procurement Procedures; seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 99-7 by title only as follows: "A RESOLUTION ADOPTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROCUREMENT PROCEDURES". Discussion: Council Member Watford noted these amounts are quite a bit different than our normal purchasing procedures, and asked whether these supercedes for the purpose of this grant our normal procedures. Mrs. Phillips answered yes, and that these are Federal Procurement Procedures. VOTE KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. JUNE 15,1999 - REGULAR MEETING - PAGE 9 OF 16 X. NEW BUSINESS CONTINUED. E. Motion to adopt an Intedocal Agreement between the City and Council Member Watford moved to adopt an Interlocal Agreement between the City and County regarding the Florida County regarding the Florida Small Cities Community Development Small Cities Community Development Block Grant, receipt of SHIP Funding; seconded by Council Member Markham. Block Grant, receipt of SHIP Funding - City Administrator (Exhibit 14). Discussion: Council Member Watford asked for clarification what the SHIP funds are used for. Council Member Markham responded they are used in assistance to low income people to assist them in their repairs, down payments and items of this nature. Mrs. Phillips elaborated that when each County received SHIP funds they also adopt a Housing Assistance Plan and the County's Plan has different strategies in it. Funds may be used for down payments, assistance with rehab or rehab for leveraging with CDBG and other Federal Housing Programs. Council Member Watford then asked, will this money be available immediately or will it be used in conjunction with the grant, if we get it. Mrs. Phillips explained that it will be used in conjunction, the funds will not be spent until a grant is received, the County Grant Administrator has put this provision in her Program Budget for this year and the next three years. Council thanked the County for helping the City with the funding. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. F. Motion to adopt proposed Resolution No. 99-8 amending Council Member Watford moved to adopt proposed Resolution No. 99-8 amending Resolution No. 98-10 adopting Resolution No. 98-10 adopting requirements for information and requirements for information and materials to be submitted with petitions and applications under the Land Development materials to be submitted with petitions and applications under the Regulations (LDR's); seconded by Council Member Markham. Land Development Regulations (LDR's) -City Clerk (Exhibit 7). ' Attorney Cook read proposed Resolution No. 99-8 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING RESOLUTION NO. 98-10 WHICH ADOPTS REQUIREMENTS FOR INFORMATION AND MATERIALS TO BE SUBMITTED WITH PETITIONS AND APPLICATIONS UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE." Discussion: None. JUNE 15,1999 - REGULAR MEETING - PAGE 10 OF 16 �f X. NEW BUSINESS CONTINUED. F. Motion to adopt proposed Resolution No. 99-8 amending VOTE Resolution No. 98-10 adopting requirements for information and KIRK - YES materials to be submitted with petitions and applications under the CHANDLER - YES Land Development Regulations (LDR's) continued. MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. G. Consider a request from Okeechobee Jaycees regarding the 1999 Mr. Delphin Wilburn, President of Okeechobee Jaycee's addressed the Council stating, as you know every year we July 4th Celebration - Delphin Wilburn (Exhibit 8). put on the a of July Celebration. Last year we did it at Okee Tanie along with the boat races, we had an excellent turn out there. This year we are going back to Lock 7 at Jaycee Park to utilize that area, at this time we are requesting twenty-five hundred dollars ($2,500.00) from the City to help us out with this project. We have other contributors, public and private, we would appreciate your support. Council Member Watford commented that he saw where a private company was doing fire works somewhere in town. A member of the Jaycee's explained they are not affiliated with them, they are doing a private party. Mayor Kirk asked if the City donated last year and what was the amount. Council Member Markham answered yes and it was for one thousand dollars. Council Member Watford interjected, if you will remember at budget time we discussed this a little bit and we put that same amount in the budget to be discussed if it was brought up before us. Council Member Markham commented he thought there was a lot of concern on using tax payers money to fund the fireworks. Administrator Bradshaw explained that the money was put in the budget as a line for $1,000.00 as aid to private organizations, under budget item 511. Mayor Kirk asked if there was a concern among the Council. Council Member Markham stated he thought there had been a concern every time it has come before us but we have gone along with it because of it being the 4th of July, but there has always been a concern with us using the money like that. He also questioned continuing to put it into the budget and discussing every time or just go ahead and do it Mayor Kirk asked if the concern was a legal or moral issue. Council Member Watford answered, philosophical, we get into this same discussion, there are ten thousand worthy causes that we could support and I think that is what the problem is, is that what tax dollars should be spent for. We used to give several donations to several different organizations like the senior citizens, then it continued to grow to several organizations and so finally the decision was made to stop contributing to them. Last year it seemed like the president at that time thought they could find some other funding sources. Its a tough one to decide on. r/30 JUNE 15,1999 - REGULAR MEETING - PAGE 110F 16 X. NEW BUSINESS CONTINUED. G. Consider a request from Okeechobee Jaycees regarding the 1999 Mayor Kirk called for a motion three times. Mayor Kirk advised Mr. Wilburn that with there being no motion placed on July 41h Celebration continued. I the floor, the City did not wish to participate this year. Mr. Wilburn thanked the Council for their time. H. Consider a request from property owners regarding exterior facade Property owner's of the Raulerson Building located at the corner of South Park Street and Southwest 5" Avenue modifications to the Raulerson Building located at Southwest 5'h addressed the Council requesting permission to do exterior facade renovations to the building and demolish the back Avenue and South Park Street - Phil Berger/Mark Troendle twenty feet of the building to make parking spaces. An agreement was signed by the property owner when the building (Exhibit 9). was included in a recent Community Development Block Grant Commercial Revitalization Project. The agreement states the owner must obtain Council approval prior to any exterior facade renovations for five years. According to Mr. Berger, the specifics of the facade renovations include double doors on the front, decrease the size of the windows, in order to comply with handicap ingress and egress and an order to obtain some parking, remove twenty feet by the width of the building on the rear. We will put an attractive facade back on the back of the building and wrap the awnings on around, use some brick or cut brick to outline and decorate. In the front the biggest problem we are encountering is with a jewelry type tenant. The present window panes are down within a couple of feet from the sidewalk and we want to raise the window panes up five feet. We are going to have enough old brick to replace any old brick on the front or the sides that we bring up. We are not going to materially or significantly alter the design or appearance of the building, the building will look much better, especially coming from the South. The roof on the one story portion of the building needs to be replaced, all the mortar in the bricks in the back need to be replaced. The two- story portion, if you have seen the building headed North on 5t all the mortar and the bricks have decade and driving rains from the South just goes right through the wall, all the wiring in the building is bad, we have had it engineered and applied for permits. The building is presently leased to the State of Florida Department of Juvenile Justice, for the office renovation in the back. We have discussed all sorts of afternatives to the parking, but my position is that I feel the building has a functional deficit or a de -valued position from having a lack of parking and I feel that it must have parking in order to serve any tenant Although you can scatter it around I have to say I think the building is entitled to six parking spaces of its own. Council Member Watford commented, the City expended a considerable amount of energy and money to get this far, but the energy was the harder of the two, but whatever we do here tonight is going to set a very big precedent on what may or may not occur in the future with any of the other buildings and if we ever plan, and I assume we are still planning to do the North side at some point, if and when we can get another one of those grants it will become even more important I have no problems whatsoever with any of the windows, what really disturbs me is tearing down part of the old building, that really, really disturbs me. JUNE 15,1999 - REGULAR MEETING - PAGE 12 OF 16 /3/ X. NEW BUSINESS CONTINUED. H. Consider a request from property owners regarding exterior facade Council Member Watford continued, we would be destroying something that can never be put back and I just think it modifications to the Raulerson Building located at Southwest 5" is unfortunate that we cannot try to work out some other solution to the parking. He then commented that he thought Avenue and South Park Street continued. the City had a historical preservation district ordinance being prepared. Remember when we had all the slides of the historical buildings and several of the County Commissioners were here and we thought it was something really nice and we needed to come up with a historical preservation ordinance. I think if nothing else comes out of this, that is something that should come out of this, and I mean soon before we have this situation again. This is a unique property and that uniqueness has value. Council Member Markham stated, being a property owner and understanding the difficulty one has to find the best use for your property, sometimes things like this happen. If we had an ordinance in effect, regarding historical preservation, it would be cut and dry. They would know there is an ordinance, and would not be here asking for this because they would be abiding by the ordinance. But we do not, and it is a decision we have to make tonight, in favor or turn it down, but right now the property owners have the right to ask us for the permission to do that. If they are going to take and spend the money on the outside of that building, they are going to save that top floor from failing down one day. I feel just as bad about it as any body else having to take it out, but if they cannot work out a solution for the parking, I would have to go along with the property owners on their request. Council Member Chandler then added, I feel the same way, as we know, Okeechobee is being used as a dictatorship because you buy a piece of property and then come to find out you cannot do with it what you wanted to. I am a firm believer also if it is your property and there is not a law against doing something with it, then you should have the right. As well as everybody else here, I was born and raised in this town also and I do not like to see anything dismantled. After this meeting, whatever comes out of it, I think we should sit down and make an ordinance and find some parking in this town so we can keep what we got historically. Mayor Kirk then stated, my major concern is that we would protect the facade, the outer appearance of the building. We have dropped the ball, we did not put any kind of ordinance in place for historical preservation to my knowledge, and we should have, we should have while we were doing this. I also sincerely think that if a person goes to buy a piece of property like this and there is limitations on what they can do with it, it should be there for them to see, not buy it and later be told that they cannot do something with it. I would like to see our older buildings kept, we are one of the few countries in the world that do not do this, we tear everything down and rebuild and you see history when you go oversees, but, I am not sure we have a right to deny this. '73Z JUNE 15,1999 - REGULAR MEETING - PAGE 13 OF 16 X. NEW BUSINESS CONTINUED. H. Consider a request from property owners regarding exterior facade Discussion ensued. Mr. Berger then showed the Mayor a rough sketch of the proposed building renovations to the modifications to the Raulerson Building located at Southwest 51h South end. Mr. Tom Fleming, Interim Coordinator for Okeechobee Main Street addressed the Council to report the Main Avenue and South Park Street continued. Street organization has met with the property owners and neighboring business owners. They have offered alternative parking solutions in place of the demolition of the twenty feet of the building. The consensus of the community, from the research they conducted supported the preservation and restoration of the entire building. Council Member Markham moved to approve the external facade renovations and appoint the City Administrator to monitor the work and report back the Council; seconded by Council Member Chandler. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. Council Member Markham moved to approve the demolition of the south twenty feet of the Raulerson building on Southwest 5th Avenue and restore as much as possible the brick and the wrap around of the awning to the parking lot; seconded by Council Member Chandler. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - NO MOTION CARRIED. JUNE 15,1999 - REGULAR MEETING - PAGE 14 of 16 733 X. NEW BUSINESS CONTINUED. I. Discuss setback regulations for Nations Bank Building located at The City received a letter from CDI Engineering and Planning stating the two-story bank building located at 205 North 205 North Parrott Avenue - Attorney Cook (Exhibit 10). Parrott Avenue is currently under contract to be sold. It has been discovered the building setback from Northwest 3`d Street is 14.7 feet Current zoning setback regulations require a 20 foot setback in the front and 0 feet on the side. They are asking for clarification that Northwest V Street is considered the side of the building and North Parrott Avenue is the front. Following a brief discussion, Council instructed Attorney Cook to write Mr. Fee of CDI Engineering and Planning that the City agrees the building is in compliance with setback regulations. J. Discuss proposed parking on Southwest 2nd Avenue next to the Council Member Markham explained it was brought to his attention that when the Council approved the paving for new County Library - Council Member Markham (Exhibit 11). Southwest 21 Avenue, we did not put any parking in and we had a lengthy conversation that night about it. There was nobody here to give us any feed back for all the questions we had and all of us sitting up here did not remember the letter we got originally asking for parking. The drawing we had did not show parking so we did not have any thing showing us the need for parking. Since it was brought up, I had this original letter from the County pulled back out and I met with the Library Coordinator to get a copy of the drawing and a better understanding of what the County was asking for. From what I understand, in the grant, for the second phase, the County needs the parking on Southwest 2nd Avenue. Under the first phase there is enough parking. County Administrator Long, who was present verified that was correct. Since we have a better knowledge of what is going on, we need to look back at the expenditures for what we did on the road, I think there was enough in the budget to add this parking. Following a brief discussion, Council instructed Interim Public Works Director Lamb to obtain prices to add the extra twenty feet on each side install parking stops and bring it back to the Council for approval. K. Discuss advertising for the position of Public Works Director - City Administrator Bradshaw noted we have an Interim Public Works Director and recent discussions have revealed that Administrator. he is not real content in the position and he is asking to go back to the number two slot, as Supervisor. Staff is coming to Council to ask for authorization to advertise for the Directors position. Council thanked Mr. Lamb for his dedication and for giving this a try. Mayor Kirk instructed staff to advertise for the position. L. Motion to adopt Resolution No. 99-9 authorizing execution of a Highway Lighting Agreement along North Park Street from 71h Avenue to 121h Avenue with the Department of Transportation - City Administrator (Exhibit 12). Council Member Watford moved to adopt Resolution No. 99-9 authorizing execution of a Highway Lighting Agreement along North Park Street from 7" Avenue to 12" Avenue with the Department of Transportation; seconded by Council Member Markham. Discussion: Administrator Bradshaw stated this was part of the project DOT is doing on SR 70 West and this is a standard agreement between the City and DOT. DOT installs the lighting and then of coarse the City maintains it after the installation. They are doing this in segments, this one is from 7th Avenue to 12th Avenue on North Park Street. 734 JUNE 15,1999 - REGULAR MEETING - PAGE 15 OF 16 X. NEW BUSINESS CONTINUED. L. Motion to adopt Resolution No. 99-9 authorizing execution of a Council Member Markham noted we adopted a resolution already awhile back but it did not go out that fair, it stopped Highway Lighting Agreement along North Park Street from 71h at 7' Avenue and one of the concerns was they were going to come in here and start taking down the old lights we had Avenue to 12`h Avenue with the Department of Transportation and putting them back up and we decided we should get the new lights before they take the old ones down and put continued. the new ones up, lets start at one end and go all the way through. Former Public Works Director Elders explained this to DOT and they agreed. Administrator Bradshaw also noted this is in conjunction with the four -lane project, but they are going to be changing out all the lighting first. Attorney Cook read proposed Resolution No. 99-9 by title only as follows: A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. M. Motion to appoint Robert Bradshaw as a regular member and Council Member Chandler moved to appoint Robert Bradshaw as a regular member and Mayor Kirk as an alternate Mayor Kirk as an alternate member to the to serve on the Board of member to the to serve on the Board of Director for Public Risk Management of Florida Insurance (PRM); seconded Director for Public Risk Management of Florida Insurance (PRM) - by Council Member Watford. City Administrator (Exhibit 11 Discussion: None. VOTE KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - ABSENT WATFORD - YES MOTION CARRIED. JUNE 15,1999 - REGULAR MEETING - PAGE 16 OF 16 735 XI. ADJOURN REGULAR MEETING - Mayor. 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. ATTEST: i BONNIE S. THOMAS, CIVIC, CITY CLERK E. KIRK., MAYOR There being no further items on the agenda, Mayor Kirk the meeting at 7:40 p.m. • jU4V tS i City evu1fei1 j4WwoqP, 1999Meetilrg - }faWwrittenMiffutes V J&"/< CALL TO ORDER: G'i u G'auffcd ftilar✓Meetl� A. 1999 at OPENING CEREMONIES: Invocation offered by Pledge of Allegiance led by MAYOR, COUNCIL AND STAFF ATTENDANCE: 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 Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of May 18, 1999; seconded by Council Member Discussion: V. WARRANT REGISTER - City dginistrator. A. Council Member k1 moved to approve the May, 1999 Warrant Register in the amounts, General Fund $188,606.57 and Public Facility Improvement Fund $8�28.00; seconded by Council MemberA// . Discussion: (r VI. VII. PRESENT i/ NDZE: x,71Zx ✓14r4Rx}fAU O.CJNeR W,,4 Z3O9D ABSENT AR. ISS JVO 4,YS8JVZ AYSZ✓4JNeD NOZi': J/eS NO 4NS4 VV f4,VSZ,AJNSD xJRx ✓N✓4Rxlftf✓44 O.C�N612 V Z3ORD AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION A. 1. a) Council Member % moved to read by title only proposed Ordinance No. Mayor at 729 regarding a request to close the NOTE: VSS JVO ✓ XSSWC 4)YS- f4JNeD alleyway's in Block 71, City of Okeechobee x1711% _ City Attorney (Exhioit 1); seconded by C}10DWSK _ Council Member ✓>"RKHAM W, 4 Z3D1ZD b) Vote on motion to read by title. dM0trjollv; RVeD - DE,VfeD • z c) Attorney Cook read proposed Ordinance No. 729 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 71, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Membermoved to adopt proposed Ordinance No. 729; seconded by Council Member b) Public Comment. c) Vote on motion. CLOSE ?BLIC HEARING voirs.• vES JVO ✓ffSF)VZ ,4NS-C,,,4JNSD x�xx eJUVD,CSR A"RKJU t O,C3USR W✓i tWRD MOO.10N.(A-7Z�Rcb - D9 7,5D VIII. OPEN PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM - Mayor at _. A. 1. a) Discuss the Summary of Grant Application • Nancy Phillips, Grant Administrator. (, vz 6Ug 0—vt b) Public comment. ILA42��- -- �� — /-� Laa,-k 1"-6� � kue av CLOSE PUBLIC HEARING at � � s IX. OPEN PUBLIC HEARING FOR THE FAIR HOUSING WORKSHOP FOR ELECTED OFFICIALS AND GENERAL PUBLIC - Mayor at X. A. 1. a) Review the Fair Housing Workshop Training Manual - Nancy Phillips, Grant Administrator (Exhibit 2). b) Public comment. CLOSE PUBLIC HEARING at 6 NEW BUSINESS. A. Council Member moved to adopt proposed Resolution No. 99-4 authorizing the filing for a Florida Small Cities CDBG Housing Rehabilitation Application with the vOZS: ySS JVO �l13SSJVZ ✓113SZ✓t7JVSD Department of Community Affairs and KjRk Designation of Signature Authority - 0",VDWSR Nancy Phillips, Grant Administrator,�x}{ (Exhi t 3); seconded by Council Member y��' O'CjV16R buff Z30RD Discussion: ✓tii0rjOJV:'C,,,49,k OD - DS✓VJcD i i 40 B. Council Member ) �U moved to adopt proposed Resolution No. 99-5 adopting Housing Assistance Plan Guidelines for the CDBG Program - Nancy Phillips, Grant Administrator VOZ� S JVO US41W AYSZ,JVSD (Ex -bit 4); seconded by Council Member K7KK Discussion: �� ✓if✓lRKA4,111 O,CiVeR wv4 Z30RD DeWD proposed t adopt moved to ro Resolution No. 99-6 adopting C. Council Member %(!; p p p p9 a Citizen's Participation Plan - Nancy Phillips, Grant Administrator (Exhibit 5); seconded by VOZE IMS /VO ,4)VS4NZ7 ,4JYSZ,r4J VeD Council Member Discussion: ✓ C}l,A,NDVOR a RKHAM w,� ZaORD 6 MOrJOW: e,499JeD - DeIW,D D. Council Member moved to adopt proposed Resolution No. 99.7 adopting CDBG Program Procurement Procedures - Nancy Phillips, Grant Administrator (Ex 'bit 6); seconded by Council Memb %�,' VOZS• j/SS JVO �fNSSJVZ �i13SZ,�,7JVSD Discussion: K7KK E. Discussion: B}l✓4JVDVOR ✓Lf,tiRK}fft(/Li OUVIOR V UORD MOUQW. e, 49)MOD - aOVJEa Council ember moved to adopt an Inte� I A r e menbet en the City an County regardingthe Florida Small Cities C Community Development Block Grant, �r i receipt of SHIP Funding - City VMS, VSS ,VO ✓ )YSSJVr A)YSZ,4J VeD Administrator (Exhibit 14); seconded by AIJRK Council Member ; � BA4,VID,669 ✓L"RKlf,,4✓1f O.C7VS9 l� ' Ju0Z�O�: 5XX - DOJVJcD • • A H. Consider a request from property owners regarding exterior facade modifications to the Raulerson Building located at Southwest 5`h Avenue and South Park Street - Phil BergerlMark Troendle (Exhibit 9). I. Discuss setback regulations for Nations Bank Building located at 205 North Parrott Avenue - Attorney Cook (Exhibit 10). -� fir J. Discuss proposed parking on Southwest 2nd Avenue next to the new County Library • Council Member Markham (Exhibit 11). zQ"-P-" 'e,/ G c�� i • K. Discuss advertising for the position of Public Works Director - City Administrator. 46-, 4 i Jakt 15 i City CvulreiIA , 1999,Meetilfa-}HalydwritteifMiltutes CALL TO ORDER: OPENING CEREMONIES: Jce, 415 Invocation offered by �5CX.1 bka Pledge of Allegiance led by MAYOR, COUNCIL AND STAFF ATTENDANCE: 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 Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea V. MINUTES . City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of May 18, 1999; seconded by Council Member Discussion: AiQN11I.- V. WARRANT REGISTER . City Administrator. A. Council Member 0 moved to approve the May, 1999 Warrant Register in the amounts, General Fund $188,606.57 and Public Facility Improvement Fund $85,428.00; seconded by Council Member L.lW . Discussion: joe.k.�— Wve.• V& NO ✓4NSSJVZ 4M,,r41,,1VeD 9JRK _�- G'}f✓4JVD,CS� � ✓449Kdf,A✓1.4 ✓ O,C, V9R ✓ W✓4 Z'90RD 1C ,MOUO e� DeNSD 1/OZ'':• WS JVO ,A&SJV Z" 4#S , 4J,1V cD K,77ZK e}ft4JVD,CSK i ✓i�,4X'1C1f,A✓Lt ✓ O.CjvSR W,,4 r90RD ✓MOUQI V � D c V,7SD VI. AGENDA . Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. A)CAL, VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION . Mayor at A. 1. a) Council Member_ moved to read by title only proposed Ordinance No. 729 regarding a request to close the alleyway's in Block 71, City of Okeechobee - City Attorney (Exhibit 1); seconded by Council Member !. b) Vote on motion to read by title. VOZ"S.- WS NO 4NSFNZ' f4NSZA, JNSD K,717K —L-- 0" VD,CSR L►, ✓1"RK14A✓Ll W,f4 Z30RD �li(��,7DJV ,A1ZK,7� - DSJV,7SD uAL n)IldjA. L . kAkka -,cry � 64 115w l�. G..�sa �. hc�c� 0..-�.rtip �.`'`"°t''"°b ` `°�S ' MCJ GA. had-t . S ttt M/W O-A k)W , kid 09- Q 4&6Lf & o, 0/1) z&t fat- qvA� ate. - J-A-ts $ �, rya b a Epis �.. � � �drs eon. rnc�i.. � Ol,��,u.a.l� f�-w-u. � ►` � nat � JL,.LUd. f at a-A� a poD .1,oQ��k� cry jw�aJ e9*5 Lb- - L n tow 4CC Wt(- PaHt� May oy 2.h i' A�. ,--i t iA' •1.3 .'v'S$9� :r Li' .' ' fY;.�3.L.i.:aJ'� :-'" _.,t.1 e"('">'�/.3+1�.,i^�.4.�i V . Y t • iU,..: .w +- 6 �3j:��- ? _*. 1...`.a_...4" 1.�ji"{i j ';' �{}�v ..-wC+,.a •s _.. ! ...0.A/i .id'x'�"y ��l .. 'hL pI l ..� b f. "'."�� .M41� ` �j ' 1{ . -r,tj vro4 .- � 7de n/��vrYl Q� vb-y� VyylafrQYVY,{ 0QJ cn f0V�'- n" c'� � O� �✓ed ►ern �r�e UL �,t�}o f�ta,{ 4 C .0 %o• `4ho�t au. q no+ O SdAt444A- pt tµ P�[�cahow�•xr Wtc D�Qao 'C�LLKU �V`y�cx your -�! wbc Q Cb*MJA 1'f ih - udud� fo 5o Da4 a� '91U.Idc�wmu- q w� � wee you �u G a &N&"W K"-*.s.� A� w� �4�- rro�t �, q44 6chx wu coM l y Lu cam w� &ki.W ZOO w� 4 JAp�- dial do CL tt)� +O�.�n qL . D oz Lotp k wz w-m u�d c ill d- , � o-f c o Aft f - I C' `tom � �A� a nu J �QA �-- • i IX. OPEN PUBLIC HEARING FOR THE FAIR HOUSING WORKSHOP FOR ELECTED OFFICIALS AND GENERAL PUBLIC - Mayor at a- io Q Corw�i�.ti ' Discussi A. 1. a) Review the Fair Housing Workshop Training Manual - Nancy Phillips, Grant Administrator (Exhibit 2). b) Public comment. Yak q(4 m()IL 0 - �t taoL- tAa4 LDx�', �it2 Cat Cf I.I.�C.j't�i A. Council Member _NJ moved to adopt proposed Resolution No. 99-4 authorizinthe filif Florida Small Cities CDBG Housing ng or a g Rehabilitation Application with the Department of Community Affairs and Designation of Signature Authority - Nancy Phillips, Grant Administrator (Exhibit 3); seconded by Council Member —-- ��y ems, kaa e�.a 49-� � klfle l eAJVD.Ce,V •-- d1 tOZ'�C7 - DeJ1 ISD 4 0 s T/8 B. Council Member -ba) moved to adopt proposed Resolution No. 99-5 adopting Housing Assistance Plan Guidelines for the CDBG Program - Nancy Phillips, Grant Administrator VMS V.6S JVO ,4)YSSJVr ,t &Z,,41lVED (Exhibit 4); seconded by Council Member KJRK —LM —• 04 4JVD.CSR 4-- Discussion: A46i eDVL A�� L" 99. r5 bAb �y�, )VV"y{ �— ��'I O,CJvSK P11-_ tom. - WAZ9'ORD � OS1t�� ycru� tt Z-4—L jftL! ti C. Council Member moved to adopt proposed Resolution No. 99.6 a opting a Citizen's Participation Plan - Nancy Phillips, Grant Administrator (Exhibit 5); seconded by WrIF.• vSS JVO ✓4)YS4W ✓4NSC, 4J VSD Council Member LA_ . WRK 4-- Discussion: Af� e0oi Awsc 4-tb 19-(0 OMND.CSR c.._ �-- w;� O.Civ6K T Ulf! C70RD •�� N,_� �(tio W+.LL C'�D .12 Cs40.iJ1 r S GL CD/ IC�ux ,elf OZ:10w. j DemeD PrM" stir V-11 x k VWLL if V KaXA a. Oo#- &" Vs aAAQXq bdCoM� 2P° ° - 06qa�p N,�* C4 was mmQ "�o D. Council Member _—NA) moved to adopt proposed Resolution No. 99.7 adopting CDBG Program Procurement Procedures - Nancy Phillips, Grant Administrator (Exhibit 6); seconded by Council Member L.M vOZe 146S JVO ✓ffSSJVZ 4NS ,,�4JjVeD Discussion: KIRK A4� to-d kxpA ka 99-7 cJ"vD-ce"' c.- 64 [.tut O. VeR I�y�w� Oa UI✓4 Z3D�'D DeWYeD a Puty�p� ��-�' 7�V J kOW Qom, narran,jn mutxa uLtp e .kr%`� owe (IQ1L pikQu� tQ+. v-, A-0 `75M. E. Council Member moved to adopt an Interlocal Agreement between the City and County regarding the Florida Small Cities Community Development Block Grant, receipt of SHIP Funding - City vOZE: JISS JVO .49SF,,NZ ✓48SZ,,4J,1V,0D Administrator (Exhibit 14); seconded by VRK Council Member 1./jl I eAVD.CPX Discussion: A"RKHAIR L I w�4z30RD (�q� low tau �a Cax� n�ew�.tip Iu�da yj ¢lso (3idgp4•G%vtk ,�tOZ,7OJ1�: G',,4jZ1t'��D - D�JI��eD 4 ct"b iv W�� � epla&j Cola bt -F vxt, vla& atAoy-, &U-/- d, 0,- its (14uSk"nua OkAitij �OIAA� �k)) 41uLL ujS 4kL &Jtl �5ve- 0(� 4xlw"t� I 60'a . -1111- -4 aR'1 ; � ��� � � ! 11 rt� � A • 1 0 0 H. Consider a request from propertyowners d South Parkregarding Streeterior facade modifications to the Ph I Berge Mark Troendle (Exhibit g) on Building located at Southwest 5"' Avenue a Fhil Berger, basically we would like to put a new facade with double on the front, decrease the Size of the windows, in order to comply with handicap ingress and egress and an order to obtain Some parking, remove twenty feet by the width of the building on the rear, We will put an attractive facade back on the back of the building and wrap the awnings on around, use some brick or cut brick to outline and decorate. In the front the biggest problem we encountering with a jewelry type tenant, what they call "smash and run' the window panes are down within a couple of feet from the sidewalk and we want to raise the window panes up five feet. We are going to have enough old brick to replace any old brick on the front or the sides that we bring up, We are not going to material or significantly alter the design or appearance of the building, the building will look much better, especially coming from the South. The roof on the one story portion of the building needs to be replaced, all the mortar in the bricks in the back need to be replaced. The two-story portion, if you have seen the building headed North on 511 all the mortar and the bricks have decayed and driving rains from the South just goes right through the wall, all the wiring in the building is bad, we have had it engineered and applied for permits. NC, on your drawing, is this the front of the building? MT, no sir, that's the front of the building, that's existing office space, that's the back, there's very few of those walls that are new, I had the origlnal one highlighted but there's some of the walls are being added in the back for four more offices in the rear section and then there's no other, it will be completely re -done, it's not a warehouse space it will be office space. F6, the building is presently leased to the State of Florida Department of Juvenile Justice, for the office renovation in the back. They have a 6 year lease with two 3 year options. presently leased to them. We've discussed all sorts of alternatives to the parking, but my position is that I feel the building has a functional deficit or a de -valued position from having a lack of parking and i feel that it must have parking in order to serve any tenant. Although you can scatter it around i have to say I think the building is entitled to six parking spaces of it's owned. Which I have always felt is a horrible problem downtown. Several of the other building there's that are presently, for sale have similar problems and believe me it hurts. It hurts trying to market them and Oct value for these buildings. DW, as 1 under otand it, basically the only reason we're here because of the agreement that was signed for the facade otherwise we wouldn't be here. JK, that is correct. F6, we fully intend to comply with the facade as a matter of fact, we discussed it earlier, we'll even have a committee of facade police if you would like. DW, at some point we're probably going to need that. You know the city expended a considerable amount of energy to Oct this far and money, but the energy was the harder of the two, but whatever we do here tonight in my opinion is going to set a very big precedent on what may or may not occur in the future with any of the other buildings and if we ever plan, and I assume we're still planning to do the North side at some point, if and when we can get another one of those grants it will become even more important. I have no problems whatsoever with any of the windows, what really disturbs me is tearing down part of the old building, that really, really disturbs me and Phil and I have talked some time back, so I have thought a lot about this PD, sometimes even old things have to be made functional, look at walgreens, Okee Motor Company I'm certain, I'll bet you was ae old as this building. DW, no sir it was not. And the problem is the location of this building if this building were two blocks south or north and was a free standing building I would agree 100% it's really of not much value and I don't know how many times in the last probably, Particular in the last 10 years, boy I wish they hadn't torn down the old Southland. I've never heard one person, well probably one person because he owned the property, but I've never heard another person say, gosh I'm glad they tore that down, usually what you hear is, it's to bad they tore that down or those comments and 1 know we have a very, very limited amount of the old downtown, basically that is it, because the "Frank Altobello" buildings are all new, there's nothing there that's old you know all that ie recent, 5o we've got an extremely limited amount of these old buildings. I know when we did the LDR's and 1 attended a lot of those meetings and boy this was a hot topic of discussion, and I know there are two sides to this. On the one side you have a persons property rights and on the other side you got history, you got the public's right and I guess the public in this particular instance has very little rights, but it's just unfortunate this happens. There are a lot of cities, we wouldn't even be here because that's just not allowed, the downtown area hasn't had any parking and at some point hopefully we'll be able to address some of that but it has some other benefits to it and one of them is that it is downtown, there are communities, recent developments that are now struggling with no downtown and they're trying, they are paying millions of dollars to develop a downtown and I understand the property owner that he and I agree we all should be able to use our property to it's highest potential but we do have limits on that, we have limits now, we have zoning limits, those are a limit on what you can do with your personal property so we do have those. I really struggled with this. A lot of the decisions we make up here are real easy to make and some of them aren't real easy to make but the consequences aren't that bad, but this is one that I really, really feel that the consequences could be very bad. You are destroying something that can never be put back and I just think it's unfortunate that we can't try to work out some other solution to this that we can't and i know there have been several solutions proposed to the owners and I guess none of those have been able to be worked out or aren't acceptable or something, it'ejust really unfortunate, and I really, really feel now, and IIquess we sometimes let things 51ide but remember when we had all the slides of the historical buil6lin6jo and several of the County Commissioners were here and we thou ht was really oorricthina, really nice and we needed to come up with a historical preservation ordinance and I oue56 like many other things, yeah we said that and it lust Sat there and I think if norhi a else comes out of this that's something that should come out of this and I mean soon before 0 0 we have this Situation again. I really feel like there ought to be Some way to overcome this, I mean aS intelligent a5 this city i5 and Staff of this city and citizens of this city, we ought to be able to come together and come up with Some Solution other than tearing down. Like I Said if this was one of, and I hate to Say his name but that's the only way I know to describe them, if it was one of Frank Altobello'S buildings or something you'd Say, well those aren't really historical they are all new buildings, but this is a unique property and that uniquener,S has value. PB, your talking about 20 feet councilman. 20 feet. I've heard destroy, adverbs, and adjectives significantly alter the historical value, we're talking about 20 feet of the old derilic warehouse, property was for Sale for years, po56ible Somebody should have bought it more historically minded, but I don't feel that I'm altering WE, historical or intersect value. I feel that I'm making it a usable, functional, vivacious asset rather than Something to Sit there and be pitied, look at it, it'5 pitiful, all that you say ir, true and Sincerely I'm Sure Said, but to apply it i5 very, very difficult when your talking about American dollars. DW, if a Solution could be worked out on the parking would you withdraw your request? PB, no. Because there iS no Solution, € can't get in there for the handicap, I can't get ingress or egrcoo for the wheelchairs and the people who are using it are entitled (turned to tape 2 side A) LM, I went down and went in the building and I understand the expense of trying to bring Some of that back up to a safety factor and a factor of being about to keep it in it's presence and from what I understand the work that they are going to put on that building is an expense to preserve that building for the area that ir, going to be left. The 20 foot, I have just ar, much Sentimental value of that as anybody here, I Sat in that place and got my hair out many a times, and that's where the men came and Oct there Showers before 5aturday night co I am well aware of the Thomason Barber 5hop that use to be in there. But being a property owner at one time and the best use for your property, sometimes things like that happen, if we had an ordinance in effect that would be cut and dry and probably the owners wouldn't be in front of us they would know there is an ordinance there and they wouldn't be here asking for this because they would be abiding by the ordinance that the city has. But we don't and We a decision we have to make tonight in favor or turn it down, but right now the property owners have the right, I think, to ask us for the permission to do that. And if they are going to take and spend the money on the outside of that building up on the top like they showed me they're going to save that top floor from falling down one day. 5o i feel just aS bad about it aS any body else having to take it out but if they can't work out a solution for the parking and that i5 the only solution for parking, there's been no other worked out, I have a problem with it, but I feel that I would have to go along with the property owners on their request. NC, I feel the Same way, aS we know Okeechobee ir, being used as a dictatorship because you buy a piece of property come to find out you can't do with it what you wanted to with it, but I'm a firm believer also if it's your property and there's not a law against doing Something with it then you Should have the right. AS well aS everybody else here, I was born and raised in this town also and I don't like to see anything dismantled like the old 5outhland Hotel was, but after this meeting, whatever comes out of it, I think we Should Sit down and make an ordinance and find Some parking in this town So we can keel what we got historically. JK, I'd like to add my two cents here and then I think the attorney'o Oct Something to say. 1 think Councilman Watford, you hit my major concern with your right off in your opening remarks, we're here because of the development, renovation we did downtown and my vision aS we were doing this was that we would protect the facade, the outer appearance of the building and I feel bad in one way. I've Oct to add the dollars don't concern me because I think that these people are astute busineS5 people and they wouldn't be Spending the money if they didn't think they could make it back. Nobodyjuot throws money away, So that is not an iSSue with me. But what iS an iSSue is, it is before us and we've got a letter from the attorney plus I don't See what grounds we Have Oct because we have dropped the ball, we didn't put any kind of ordinance in place for historical Rrcomatlori to my knowiedge, iS that correct, and we Should have, we should have while we were doing this and that's not to blame anybody, I know how busy all of us Oct, but that Should have been done and I appreciate your comment Councilman Watford. I hope that coming out of this that we do that because I Sincerely think that if a person goes to buy a piece of property like this and there's limitations on what they can do with it, it should be there for them to See, not buy it and later be told that they can't do Something with it, that trouble's me a little bit, and I definantly would like to see our older buildings kept, we're one of the few countries in the world has a nation we don't do this, but we tear everything down and rebuild and you See history when you go oversees but, I'm not Sure we have a right to deny this, I'm having a real problem struggling with this to think that we have a right to do this and you know the only person that I can defer to here i5 the attorney and he's already Sent a letter Stating somewhat what I'm Saying, I'm not Sure I fully understand they attorneys letter, but, in your letter are you Saying that we have the right to make the facade Stay the Same? JC, yes. A, ok, when I read it I wasn't real sure that's what it Said. DW, i think what confused everybody, if I may Mr. Mayor, io the fast Sentence of the letter where it said there is no reason to delay the ioouance of permits to the interior improvements, I think that's what confused everybody, in other words everybody thought that meant that the permits Should issued for the entire project, I think what his letter States i5 that any INTERIOR improvements, the permit Should be issued immediately, but the exterior changer, require Council approval. JC, my only comments were that one, Mr. Bradshaw has been working on historical preservation I think for Several months, it's not Something that has been forgotten, and two the CDBG grant agreement that was done, this Council if it approves it tonight, IF, certainly within it's rights to require the owner/developer to match the existing facade Scheme, awnings, not disturbs the Sidewalk, anything that would make that building look different than the rest of the downtown renovations. Lastly, in a coincidence I gucoo, a timely article in the Palm Beach post was just ae Dowling Said, there'5 litigation all over the country with Walgreen5 and Rite Aid Drug 5torco, those kind of outfite going into cities and buying the prime corner blocke downtown raising the entire block, whatever is on it So they can put up a stucco Walgreen5 like we're going to have on our corner and those cities have historical designations and ordinances and they're Still in litigation over it 5o the ordinance itself might not even Save uS but it would be much better than what we have now. JK, but if we had that in place, we would have eomething tojustify Saying, hey it was there and you knew it when you bought it cause we can be Sued, we've been Sued doing the very beet that we know how to do, whether that'e always correct or not I'm not Sure, I think ae a Council we do the beet that we know how to do, but that's my concern, and I'm not pointing fingers or placing blame but we dropped the ball here this Should have been in place and there wouldn't be no question, this wouldn't even be up here. DW, I don't know ie everyone aware of what the agreement that the property owner Signed, item number nine, eay5 and thie 5peakc to the fact that in my opinion many of ue didn't think that we had to do anything right a way, and I'll read it, We item number nine, property owner or owners agree that for a period of five years after the completion of the facade improvements to there building no alterations will be made to the original design unleSS approved by the City Council, thie provision i5 aecigned to new ownere Should the property be cold within that 5 yr period and I think that's what the attorney eaid in He letter that's the only reason thie iS before u5, it does epeak to 5 year period, A, what would happen at the end of the 5 yeara? DW, then they could do anything they want to do unleoe we do eomething before 5 yeare i5 up. JK, but in the mean time it has to come to u5. DW, that's my opinion, JK, can we arbitrarilyjuet tell a person no? Well I guess we can. JC, ye5 but if we don't have the legal basie to do So and the owner loses out on a 5 year extended lease with the 5tate of Florida the owner tens of thoueanda of dollars, then we better hope enough money in the bank to cover the lawouit. A, we've ended up in a, 1 think Councilman Watford you can appreciate this more, alone with me more than anyone else, are we Stuck in a hard place again, did we Oct our back againet the wall again because we didn't move or didn't do what we intended. DW, 1 don't feel like it because I feel like we had 5 years to do whatever we felt like we needed to do. In that instance no, and the property owner was aware of that, that thin was for 5 yeara, eo I think it's more of a philosophical property rights and that argument has gone on for hundreds of years and will continue to go on. I think we've been puehed in a corner, I don't think we backed our5elvee in a corner. JK, but we ended up there, cause maybe my thoughts were different aS we went through this proccoo but my focus was always on the front of the those buildings, what they looked like and baaed on that I don't see why DW, your taking away from one of those buildings. JK, taking away 20 ft but leaving it, it'e Suppose to Stay like it looks now with the bricks, it'5ju5t a problem for me... JC, you can .... FB, Mayor 1 couldn't hear what you just Said about the front. JK, I said even with 20 ft coming off of it we Still except what's left there to look like it does now pretty much aS for ae the brick and all that. FB we've agreed to that it will look better, we'll take you on a tour and Show you. JK, what I would like to ask you Mr Berger is if we could and I don't think thie will help make anybody up here happy or feel any different, it would juet make me feel better, I would like to ask you that the walk going down, everybody calle it the end of the South part that you are talking about removing, that you do that with concrete and that you put a brick as po55ible ae you can on the eide. p5, what we intend to do iS pave that with concrete, and we'll have to figure some design if you would like to appoint a committee or Something we'd be glad to work with them but we haven't had anybody design it co we've made come sketches while we Sat here through the ordinances that you were reading, and we intend to wrap it around at some elevation, we're not Sure which across the back. But believe me when you come traveling North on 5" it's going to look 20 thoueand timey better, to me ac a I say, maybe I'm missing the whole point but to me it looke like a derilic old warehouse, that's my problem with it, which is financially unfeasible, that's my problem. JK, I think Phil had you waited to have purchaeed thie we would p000ibly would have gotten Something on the books, but you would have known that and FB, we know Mr, Mayor that we could take the whole building know if we wanted to, but you have no legal right to tell ue because there is no ordinance in effect to tell u5 that we can do and we've tried to compromise and we have tried to work with people and we don't feel that 20 ft iS material or Significantly changing the building. I'm sure that hietorically I could argue about it with hiatoriane all night but unfortunately I'm not a historian I can appreciate history but I'm looking at it more from a businesa person. • 0 JK, but for a comfort zone for me your Saying you will put concrete on the Side f D, yes we will. JK, and that you'll put Some type of brick that will match as close ioyou can match it. P5, let me showyou what wejust say there and fixed, this i5 the back, this awning will be wrapped on around, this brick will come down the side here, the old brick used up here, see what I'm saying. JK, then you won't have the waste. P5, we'll just have to match it with Some Stucco, I don't know if we can match it or how much we save, but it will look nice. Tom Fleming, I'm sorry the public can't hear the discussion. JK, ba5ically what he's saying is what I asked, war, he's going to wrap the awning and he's going to bring the old brick a5 far a5 it will go and then try to find Something that will match it, but the old brick i5 not going to go all the way to the top. Showing me that he wag willing to do the things that concerned me. P5, we're willing to work with the design with whomever wanto to Share it, weju5t haven't designed the brick into the back of the building yet. Tom Fleming, Serving as the Interim Program Coordinator for Okeechobee Main Street, I've been asked by it's board president Mrs. 5weda to Share the boardo findingo on this particular Subject and I'll Speak loudly enough for those in back to hear, it's virtually impossible to hearya'll back there, I understand there's a little construction going on in here. Appropriately Main 5treet 5oard on an ig5ue of public interest would reach out to as many people in the community as it could and gather as much public opinion as po5eible. 5econdly it would research as many of the facts ae pertaining to this kink of an issue a5 possible. Thirdly it would talk to all the parties if at all possible and be aware of and cognacs as many of the alternatives that might be gati5factory ae poo5ible. In fact your board has doneju5t that in the last Several weeks, during the past few weeks I understand that in my absence board members have met with individuals from around the community. I don't know the exact number it'5 in the 20'S and 30'5 and that sort of thing, there have been one on one diocu5siono. Lagt night the board held a regular monthly meeting at which about a dozen or go folks appeared and during this period of time board members and executive officer6 Sought public opinion, my understanding from prior meetineo is that the general consensus is not unanimously but the general consengur, of those with whom this matter was discussed supported the preservation and restoration of the entire building if that ig at all l2o6oible, that was obviously the preference of those folks who commented and it'5 important for me to note that the folks that commented prior to today were not party to the agreement, these were concerned citizens neighboring property owners, neighboring business owners and that Sort of thing, go the board has asked me to report as of last night that the propondence of congenou5 would from those with whom they've spoken go far would gugge5t that preservation and restoration of the entire building io very, very important. There i5 mixed emotion and mixed congen5u5 on the treatment of the windows in the front of the property, there are those that feel that any change Supported by the Council or approved by the Council would open a pandora'e box with respect to other property owners, those opinions seem to be gomewhat in the minority but close, go that 15 ba5ically a report of our findingg in that respect. 5econdly i5 a research of the facto. The board, particularly through it's interim program coordinator, yours truly, hag looked at the property, understand there hag been digcugoiong with neighboring property owners, there'5 been regearch into the CD5G grant, read the attorney'S opinion, we've looked at the grant agreement, we've spoken to the representatives from the division of historical reeourceg, both in Delray Beach and Tallahasgee, we believe we have a pretty good handle on what the authority of this Council at this point with respect to this iggue. And we agree they do appear to be limited at this point to matters reflected in the agreement as have been noted by Mr. Cook. The board i5 curious to note that several other circumgtancee, historic preservation related, may or may not pertain in this and I don't know how far into all of this anybody has really looked, but there are referenceg to historic preservation acts and executive orders and things like that in the CD5G grant that may or may not be per taint we haven't had time to really regearch that. I also note and should point out that to the credit of the department of Juvenile Justice, they are following State Law. They are looking first, ar, i5 now required by law, at historic properties a5 a Department of the Executive 5ranch of the 5tate of Florida Government when they need office Space to expand or relocate. 5o, I commend the department for first looking at historic properties. It 15 interesting to note the law also Suggest that once acquiring or finding and gecuring that property either ao tenant or owner there are certain responsibilities of Stewardghip that kick in and that's Something that the Council might want to keep in mind for the future. I think we have in deed researched the facts, researched the information, we have a pretty good handle on the Council'g authority which again, I understand io Somewhat limited. Lagtly ig to look at alternative and to try to build Some type of alternatives Solution that all parties find comfortable and can be happy with, In that regard neighboring property ownerg as least one I've Spoken to specifically and I understand from talking to come of you and talking to gome others around the community that other neighboring property ownerg might Ago be interested in a65i5ting in accommodating the parking needs. I do know from diocu55ion with the department of state, division of historical resources in Tallaha5gee that the various departments within the executive branch have been cooperating when it comes to the treatment and uge of historic properties at the use of local level. We did not ask the compliance officer of the division of historic regources to approach the dept of juvenile justice at this time, pending the late afternoon meeting held today with the property owner in the City Administrator' office. But we do know there are alternativeg out there if in deed folks choose to want to pursue those. That is my report, those are our findingg, undoubtly you all know and let there be no question in anybodie5 mind that the board of your main Street program i5 aware clearly, that this io your decision and yours only, the board gimply reports to you the findings its be able to obtain at this point. DW, Mr. Chairman if your going to ask for a motion could I requegt could be do it in 2 motions pleage gin One to do with the exterior changes and one to do with the demolition. A, no problem with that. Any other comments before I call for a motion. Ok, we'll start with the exterior changes first. � e LM, motion to approve the external changes on the front on the ilaulerson building. INC, second. JC, are you going to designate within that motion some representative to monitor the work or leave it up to the Administrator. LM, on that part with the drawings and stuff was pretty clear, if council feels we need someone to observe it. JK, can the building inspector do that? EN the property owner has indicated he would be willing to accept recommendations or someone to work with for the design. I think the property owner will be willing to give us a sketch now that he understands some of our concerns and agree to use the brick as much as possible and those type items. (Turned tape 2 to side B) JK, work with the property owner to see that this complies. Motion and second withdrawn from the floor. JC, I suggest that you appoint Administrator Bradshaw to monitor the project and report back to the Council. DW, and approve LM the exterior facade renovations. NC, second. DW, the City Clerk's point is well taken about the design review committee, but I think this is a unique circumstance and that it deals with the facade and downtown renovations, work better for the property owner to have just one person to go before, this is a special project. Vote: All yes. Motion Carried. LM, motion to approve the demolition of the south 20 feet of the Raulerson building on 5W 5" Ave and restore 95 much as possible the brick and the wrap around to the parking lot. NC, second. Vote: JK, NC, LM - yes. 50 - absent. DW, No. Motion Carried. 0 • 7 I. Discuss setback regulations for Nations Bank Building located at 205 North Parrott Avenue - Attorney Cook (Exhibit 10). &kllA Wp l.ut (iqlu WA q4ttct tx'tu/a.¢uFaf►o*., . gym- �alc�'��s.�_s�.d U ���� n001 �-c�e- eo WeLO A-0 cio Zo • • 8 J. Discuss proposed parking on Southwest 2"d Avenue next to the new County Library - Council Member Markham (Exhibit 11). elm- c�iat� �.r�auc a.K.u�o�...h.¢a�. �o oZLdUO0 ala eoK� tvktAL we. d,66cuooed. U�o u:. wU gM1aAJ jd�- wu, z^& #VAL q4LL pm� 0+0 Sw ?j%a- Aye. w Ucao3" ltru� bug o� wha..+ ux. �d tom. u.�w Road-, dued ctp W.6Z o� Scc1�o - pn ccn. a.o e ou*e,Z M "n '4-+a bU044 • • 1 K. Discuss advertising for the position of Public Works Director - City Administrator. OR5 - Atuw+ ctw cuW101w., JU,A PLO eOU66dOL", W1 Y.ki. /Xstfre;�. to L. Council Member �U) moved to adopt Resolution No. 99-9 authorizing execution of a Highway Lighting Agreement along North Park Street from 7" Avenue to 12`h Avenue with the Department of Transportation - City Administrator (Exhibit 12); seconded by Council Member ,C.li? Discussion: VOU16 VeS 1VO r4,YS9,,W- ✓4)VSZ✓J VeD KJKK 044JVD.CB9 v JWJfZIC}fAIR r OVVIFR _ W,r4 Z'3OKD MOZ70(�)VXWD - DO V,7ED M. Council Member �_� moved to appoint Robert Bradshaw as a regular member and Mayor Kirk as an alternate member to the to serve on the Board of Director for Public Risk Management of Florida Insurance (PRM) - City Administrator (Exhibit 13); seconded by Council Member Discussion: R� r7 4o VO�P: 11.6S /VO 49S.NC 49SZ✓4J VSD K,7KKy CA4,1VD.CeR �-- O'C7VeR Z W,t4 Z"30RD ✓MOZJO e,,4�DONJeD Of CITY OF OKEECHOBEE , REGULAR CITY COUNCIL MEETING Og10* i OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER: - Mayor: June 15, 1999, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend J.P. Ziegler; 10 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 Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the P g PP ary Regular Meeting of May 18, 1999. V. WARRANT REGISTER - City Administrator. A. Motion to approve the May, 1999 Warrant Register in the amounts, General Fund $188,606.57 and Public Facility Improvement Fund $85,428.00. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. JUNE 15, 1999 - CrrY COUNCIL AGWDA - PACE 2 OF 4 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 729 regarding a request to close the alleyway's in Block 71, City of Okeechobee - City Attorney (Exhibit 1). b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance No. 729 by title only. 2. a) Motion to adopt proposed Ordinance No. 729. b) Public Comment. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. OPEN PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM - Mayor. A. 1. a) Discuss the Summary of Grant Application - Nancy Phillips, Grant Administrator. b) Public comment. CLOSE PUBLIC HEARING. IX. OPEN PUBLIC HEARING FOR THE FAIR HOUSING WORKSHOP FOR ELECTED OFFICIALS AND GENERAL PUBLIC - Mayor. A. 1. a) Review the Fair Housing Workshop Training Manual - Nancy Phillips, Grant Administrator (Exhibit 2). b) Public comment. CLOSE PUBLIC HEARING. JUNE 159 1999 - CITY COUNCM AGENDA - PAGE 3 OF 4 X. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 99-4 authorizing the filing for a Florida Small Cities CDBG Housing Rehabilitation Application with the Department of Community Affairs and Designation of Signature Authority - Nancy Phillips, Grant Administrator (Exhibit 3). B. Motion to adopt proposed Resolution No. 99-5 adopting Housing Assistance Plan Guidelines for the CDBG Program - Nancy Phillips, Grant Administrator (Exhibit 4). C. Motion to adopt proposed Resolution No. 99-6 adopting a Citizen's Participation Plan - Nancy Phillips, Grant Administrator (Exhibit 5). D. Motion to adopt proposed Resolution No. 99-7 adopting CDBG Program Procurement Procedures - Nancy Phillips, Grant Administrator (Exhibit 6). E. Motion to adopt an Interlocal Agreement between the City and County regarding the Florida Small Cities Community Development Block Grant, receipt of SHIP Funding - City Administrator (Exhibit 14). F. Motion to adopt proposed Resolution No. 99-8 amending Resolution No. 98-10 adopting requirements for information and materials to be submitted with petitions and applications under the Land Development Regulations (LDR's) - City Clerk (Exhibit 7). G. Consider a request from Okeechobee Jaycees regarding the 1999 July 4' Celebration - Delphin Wilburn (Exhibit o 8)• H. Consider a request from property owners regarding exterior facade modifications to the Raulerson Building located at Southwest 5t' Avenue and South Park Street - Phil Berger/Mark Troendle (Exhibit 9). I. Discuss setback regulations for Nations Bank Building located at 205 North Parrott Avenue - Attorney Cook (Exhibit 10). J. Discuss proposed parking on Southwest 2nd Avenue next to the new County Library - Council Member Markham (Exhibit 11). FEBRUARY 16, 1999 - CITY COUNCM AGENDA - PAGE 4 OF 4 X. NEW BUSINESS CONTINUED. K. Discuss advertising for the position of Public Works Director - City Administrator. L. Motion to adopt Resolution No. 99-9 authorizing execution of a Highway Lighting Agreement along North Park Street from Vh Avenue to 12t' Avenue with the Department of Transportation - City Administrator (Exhibit 12). M. Motion to appoint Robert Bradshaw as a regular member and Mayor Kirk as an alternate member to the to serve • on the Board of Director for Public Risk Management of Florida Insurance (PRM) - City Administrator (Exhibit 13). XI. ADJOURN REGULAR 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 0 TENTATIVE AGENDA JUNE 151 1999 1. Authorization to advertise for the position of Director of Public Works. City Administrator/ City Clerk 2. Consideration of proposed exterior facade modifications to a building located on the corner of SW Park Street and Fifth Avenue. Phil Berger/ Mark Troendle 3. Consideration and approval of a Street Lighting Agreement between the City of Okeechobee and Florida Department of Transportation regarding highway lighting for State Road 70/Park Street City Administrator 4. Consideration to appoint City Administrator to the Public Risk Management (PRM) Board of Directors. City Administrator • • EXHIBIT 1 - JuN 15 AGENDA ORDINANCE NO. 729 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 71, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 71, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running North to South between Lots 3 to 10; and A 20 foot wide alley in Block 71, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1, 2, 3,10,11 and 12 inclusive. SECTION TWO. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION THREE. This ordinance shall be set for final public hearing the_15± of June , 1999, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this$ day of May,1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this day of June ,1999. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 — so 2 A , ISO 4_ 5 6 i 2 3.. ..4.. 6 7 8 9 10 Iw 2 4 5 150 6 1w i 2 42 5 ISO 6 N. N. 9 TN STREET t4i. s rr. 5 41. 5 n, zu 5U 11 12 10 9 -8 7 6 '5 '4 '3 '2 A 13 : : : 46 14 pis; !� i8 : i9 _ 2Q 2! 1 22 23 • 24.. 25.. 26 15 csx 16 N. N. 6 TH STREET tit. s I.L S 142. 5 142. y 12 ..... ..... 2 V ..... 2 ..... . .!. . . 14 . .3. 4 . 2w . .1. . . f4 ... . 4 ..... ..... ,rt ..... ..... 15 5 15 5 16 6 16 6 17 7 17. 7 . !9 9 19 9 20 to 5 IR.S 10 20 l e.5 42.S 10 144b v,s 41.b 4 5 3 2 1 6 7 8 f0 • 11 U 9 147 ,u 147, s All 10-5 47. S 47.5 5 3 .2 . 1 .....9 8 i0 *11 •12 9 1i25 47.5' 0.5' . . . . . .. . . . . . . • 14' . 5.. g0 . 6 . 4 5 3 2 .1 103 r� 8 10'i!'12, 9 132.5 '.rill S.W. 7 TH .97RErr w . ou 6 5 4 3 2 1 7 8 9 10 11 12 so . w At.w. 407u sT w su 34 16 '6 5 4 3 2 '1 . ' 7 8 9 !0 !i '12 .• .so.......VJW4 . . . . . . . . .. 50 434 '6 5 4 3 2 1 ' 7 8 9 'to 'it 12 . so .w . I y 4c D N. N. 4 TH 4TAm i 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (941) 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 at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a P tt b I (Zko4-r c-- in the matter of C (`f,q ec e-- 1 in the 19th Judicial District of the Circuft Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1 c Aunt further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant 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 this advertisement for publication in the said newspaper. o and s ribed before me this 74:4— day ofA.D. 19 • NOTICE OR 7BU HEARIBY THE CITY IL'' ' FrCOUNCNG C17Y OF OKEECHOBE$ FIARlDA PLEASE TAKE NOTICE tlar the City Camcg tithe Cary of Okeechobee, Mmilk will an Tuwlay. bee IS. 1999 at 6:00 p.m., ax as Rs"' thereafter as po wibk. at the City HaR Building ktcated at 53 SE 3fd'Ave. Okeedutbee, PL cu uha, a public hewing an NO thweaRer consider final re WW4 of the falknving Otdinwwe: 'NO._ t29, AN ORDINANCE CLOSING, VACATING .ANDD ADANDONING 771E ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 71, CITY OF • OK6ECHODSI , AS RRCORDED IN PLAT BOOK A NAGS S, PUBLIC'ItEODRUS, OKM CHOBE6.CCOWnITYr=�WIHDAi AND DIRWTMG THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC 1111110011111118 OFTHE CLERK OF THE CIRCUIT COURT •;N', ANp FOR OKEECHOBEE COUNTY. FLORIDA; PROVIDING FOR AN EFMC• TIVE DATE .. .....F.»..... ,_ .. All members of the ( me ° puNic aR renprted It, attar) and per. Impute in sell bearing. Said propnral OnYnarae may be inapettad by merrft 'of the pubic in the Oil_ of the City Clark located in the Cry Hall Building during rep1w haul. new h— Malay tkr4h Ptir4y. RM a.m.-SM pin.. except for holidays..... ^ , PLEASE TAKE NOTICE AND BE ADVISED thw if any penlum deallea 11i appeW any iiesplplr Hulk M the City Caamcil with iespect ai any maUw.0Mi&AW w pnis haar- Ing, such intwwad persau will iigpl a reitiad of the pnr SNIP. w1i1•flx larch purpawe Iiij, "wed m aarwre a vwbn tim mcurd oftbe prucVi* gs is ".which mciwd i ackulas the idtimaaly arrlevlknte_apxi whicA die appeal I. fo be 'bared. ; =: ;`, ' v• t. ,�., ; In tuxiiNanie with the Ameria arei wo Diwliilbies Act (ADA) and Pkxida Statwe 2iik Xi:"Pawiw with dsabilhies neoing special aa�ianmorktlan w partiipate Jul riu POWneeding xht uw eiintari Baiiwae TlKairs di lraxihit) (2) -xking days print to the pnaronWng al 94n76;1 tar at. 213: if yaw are hewing 1f voice impaired, call TOO 941 L134-7777. ax Pkxieu Relay Service I Noo.933.977(). BONNIE S. THOMAS, CMC. CITY CLERK PUBLISH: 615/99 OKEECHOBEE NEWS: #24.1 Notary Public, State of Florida at Large r`w s Anna M Hines ttj* *My Commission CC7158r4 ''�«r.• Expires March 31, 2002 CITY OF FISCAL YEAR 1999 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING CATEGORY APPLICATION The following is a summary of the above noted application that will be submitted on or before the June 30, 1999 application deadline: ACTIVITY AMOUNT 09a Housing Rehab/Demo/Replacement $495,000 008 Temporary Relocation $ 15,000 16 Administration $ 90.000 TOTAL GRANT $600,000 r The proposed project consists of the rehabilitation, demolition, and/or replacement of 21 owner - occupied low -to -moderate income households, of which 7 are to be owner -occupied by very low income residents. / Based upon the CDBG project cost of $510,000, the average low -to -moderate income housing cost is $24,285.71. ✓Okeechobee County is also leveraging $40,000 of its S.H.I.P. to compliment the CDBG grant application project. The application that will be submitted on June 30, 1999 has a current score of 698.58 out of a possible 1000 points. facsimile T R A N S M I T T A L to: fax M SIPI - date: "II l0" 14- y7 pages: 5 Q� Y'X Omqck-L akcad- AMI From the desk of... Bonnie S. Thomas, CMC City ClerkMersonnel Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 941)763-3372 Fax:941)763-1686 MEMORANDUM CRAIG A. SMITH AND ASSOCIATES, INC. 242 ROYAL PALM BEACH BOULEVARD ROYAL PALM BEACH, FL 33411 (561) 791-9280 FAX (561) 791-9818 E-mail: casmb(d)craiasmith_com To: Robert Bradshaw, City Administrator, City of Okeechobee From: Nancy S. Phillips, Director - Grant Administration Services �/ Date: June 1, 1999 Subject: Agenda Items for City Council Meeting on June 15, 1999 CAS Project No. 99-0719-71-S Please ensure that the following items are added to the agenda for the City Council meeting at 6:00 p.m. on June 15th: 1. Second Public Hearing for FFY 1999 CDBG Program 2. Fair Housing Workshop for Elected Officials and General Public 3. Resolution re: Filingof FFY 1999 CDBG Application and Designation of Signature Authority 4. Resolution re: Adopting FFY 1999 Housing Assistance Plan Guidelines Qq_� 5. Resolution re: Adoption of Citizen's Participation Plan gtj-iP 6. Resolution re: Adoption of CDBG Procurement Procedures -P.q I have enclosed 9 copies of the above noted items, except #1, for your information. Please contact me if you have any questions and/or comments. I look forward to working with you on the upcoming CDBG Housing Program. /nsp Enclosures EXHIBIT 2 - JUN 15 AGENDA FAIR HOUSING WORKSHOP Ills III O111111iillu111111Yl 0111111 ... __—.. ....e.I I_. 111111111 it ull ■Ililllll 111111 1111111l0i11 TRAINING MANUAL Prepared by: CRAIG A. SMITH & ASSOCIATES AGENDA 1. What is Fair Housing? ........................ 2 2. What is Discrimination? ....................... 2 3. What to do if Discriminated Against .............. 5 4. Discussion of Fair Housing Ordinance ............. 5 5. How can Fair Housing be Encouraged in Your Community ........................... 6 6. Suggested Activities to Affirmatively Further Fair Housing ........................... 6 7. Questions 1 WHAT IS FAIR HOUSING? Every American has a right to fair housing. The right to live where they choose, to raise a family, to own a home -- in dignity and without fear of discrimination -- is a fundamental right guaranteed to all Americans. "Fair housing choice" means the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap or familial status to have available to them the same housing choices. Fair housing is a right protected by federal and state laws. Fair housing means an individual may freely choose a place to live without regard to race, color, religion, sex, national origin, handicap or familial status. The Fair Housing Act protects people with physical or mental disabilities. It is illegal for anyone to deny an individual housing because that individual has a mental or physical disability, or a record of having had a mental or physical disability, or because people think an individual might have a mental or physical disability. Individuals with mental retardation, mental illness, epilepsy, cerebral palsy, visual and hearing impairments, AIDS and other disabilities are protected by the Fair Housing Act. People who use walkers, wheelchairs, service dogs, or a personal care attendant are also protected against housing discrimination. WHAT IS DISCRIMINATION? Housing discrimination is rarely blatant. It is usually disguised and is done with a smile and handshake. An individual's fair housing rights are violated when he/she is prevented from doing one of the following because of race, color, religion, sex, national origin, handicap or familial status: 2 I. Viewing, or renting an apartment; 2. Viewing or purchasing a home; I Applying for or securing a house mortgage; and 4. Purchasing homeowners' or renters' insurance. Be suspicious if you hear lines like these: When renting an apartment: • "I rented that apartment right after you called." • "I'll show you the apartment after I see your green card. " • "This building is for adults only. " • "I don't really want all those changes - a ramp, grab bars, that's too much. " • "We can't have mentally retarded persons living here. Who will take care of them? It will make the neighbors uncomfortable. " When buying a home: • "Do you think you can afford this neighborhood?" • "We just can't seem to make an appointment to show you that house. " • "I'll need to pre-qua/6 you before I show you homes. "* 3 • "The owner just took the house off the market. " When seeking a home mortgage: • "There's a problem with the appraisal. " • "We have a minimum mortgage amount; we don't make loans under $30, 000. " • "We'd like to make this loan, but we need at least a 20% down payment. " • "You haven't been at your job long enough to quay for a mortgage loan. " • "You might get abetter deal at another bank Why don't you call there first before you apply here? " *If you are a realtor and normally pre -qualify potential homebuyers before showing homes, please ensure that you pre -qualify all potential homebuyers. The Federal Fair Housing Act requires that local government aid in the prevention of discrimination due to race, color, religion, sex, national origin, handicap or familial status in the areas of rental and real estate transactions within the local community. By working with your local government, .lending institutions, landlords, and developers to educate individuals in your community about the Fair Mousing Act, discrimination can be eliminated. 4 r� U WHAT TO DO IF DISCRIMINATED AGAINST It is against the law to deny people the opportunity to live where they want to live. If an individual feels that they are being treated unfairly, please encourage them to take the following steps: • Call the United States Department of Housing and Urban Development at 1-800-669-9777 or TDD 1-800-927-9275 for hearing impaired • Call the local or state fair housing enforcement agency • Keep records of any meetings and phone calls with the landlord, property manager, real estate agency, loan officer or insurance agent. Include the person's name and title, the meeting place, date and time. + Write down what happened and what was said and save all receipts, applications, business cards or other documents received during your meetings. DISCUSSION OF FAIR HOUSING ORDINANCE Your local government has adopted a Fair Housing Ordinance as required by the Community Development Block Grant (CDBG) Program. This ordinance prohibits discrimination in the sale or rental of housing on the basis of the seven (7) protected classes (i.e., race, color, religion, sex, national origin, handicap or familial status). 5 9 • HOW CAN FAIR HOUSING BE ENCOURAGED IN YOUR COMMUNITY? There are several ways to affirmatively further Fair housing in a community. One way that the local government can affirmatively further fair housing is to hold public educational/training programs for the general public as well as financial institutions, Realtors, and private developers to promote fair housing. SUGGESTED ACTIVITIES TO AFFIRMATIVELY FURTHER FAIR HOUSING 1. Promote efforts to enact strong fair housing laws by developing or strengthening local fair housing laws or ordinances so they are substantially equivalent to federal law; 2. Review local land use and zoning laws and procedures to determine whether they contribute to, or detract from, progress in fair housing. 3. Send letters from the local government to businesses selling, renting, or financing housing, encouraging them to adhere to the Federal Fair Housing Law; 4. Provide for public endorsement of the principle of fair housing and of the adherence to the Federal Fair Housing Law; 5. Require the use of affirmative marketing and advertising practices by private developers as a condition for obtaining local licenses and permits; 6. Establish a Fair Housing Commission to review and investigate activities and complaints of housing -related industries including; 0 • • A. Real estate brokerage practices B. Lending practices C. Realtor practices D. Insurance practices E. Builder sales practices F. Appraisal practices 7. Contact local organizations to assess existing public opinion about the status of fair housing in the community and to solicit assisting in improving housing opportunities. Organizations to contact might include: A. Fair housing organizations B. Public and private "community centers" C. Civil rights groups D. Organizations representing minorities, women, older citizens, and the handicapped 8. Encourage participation of real estate broker associations, homebuilders, landlords, and lenders in programs to promote the following: A. Affirmative marketing B. Open housing C. Review mortgage underwriting/credit criteria that may have an adverse impact on minorities and women D. Broaden lending practices E. Community revitalization efforts 9. Develop public information and education programs promoting fair housing to be utilized during Fair Housing Week which is held every spring. Provide materials, posters and other information to: A. Newspapers B. Other publishers of advertisements C. Real estate firms D. Financial institutions E. Savings and Loan Associations F. Radio stations G. Religious organizations H. Public schools and institutions of higher education I. Major employers 10. Document efforts to focus public information activities on: A. Specific population groups known to have suffered from discriminatory practices in the past B. Groups directly involved in housing -related activities 11. Conduct or support through financial and technical assistance and public endorsement: A. Fair housing assistance programs that include: (1) Providing information to minorities regarding housing opportunity in non -minority areas (2) Providing escorts for minorities seeking housing B. A fair housing complaint referral program that includes: (1) Providing fair housing information (2) Assistance for filing fair housing complaints C. Educational programs for the following types of groups: 8 • • (1). Citizen groups concerned with housing issues (fair housing groups, tenant associations, builders, real estate personnel, lenders, landlords) (2) Organizations representing specific population groups (minorities, women, senior citizens, etc.) (3) Other local organizations (advocacy groups, unions, voter leagues) 0 • E REMEMBER, IF YOU EXPERIENCE HOUSING DISCRIMINATION, CONTACT: United States Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity Room 5204 Washington, D.C. 20410-2000 1-800-669-9777 1-800-927-9275 - TDD (This document prepared by Craig A. Smith and Associates, 1000 West McNab Road, Suite 200, Pompano Beach, Florida 33069) 10 EXHIBIT 3 - JUN 15 AGENDA RESOLUTION NO. 9 9 - 4 A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 1999 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS AND DESIGNATION OF SIGNATURE AUTHORITY WHEREAS, the Florida Legislature, during the 1983 legislature session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Block Grant Program created by Title I of the Housing and Community Development Act of 1974, as amended; WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality; WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; WHEREAS, it is the intent of the City to apply for Fiscal Year 1999 Florida Small Cities Community Development Block Grant funding; and WHEREAS, the City's Fiscal Year 1999 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA authorizes the Mayor and/or Vice Mayor to execute and submit to the Florida Department of Community Affairs the City's proposal in the Housing Rehabilitation category for Fiscal Year 1999 Florida Small Cities Community Development Block Grant Application; RESOLVED, FURTHER, that the City Administrator is authorized to act in connection with the Application and to provide such additional information as may be required by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in regular session this 15th day of June. 1999. JAMES E. KIRK, MAYOR ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY 0 • RESOLUTION NO. A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 1999 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS AND DESIGNATION OF SIGNATURE AUTHORITY WHEREAS, the Florida Legislature, during the 1983 legislature session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Block Grant Program created by Title I of the Housing and Community Development Act of 1974, as amended; WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality; WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; WHEREAS, it is the intent of the City to apply for Fiscal Year 1999 Florida Small Cities Community Development Block Grant funding; and WHEREAS, the City's Fiscal Year 1999 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA authorizes the Mayor and/or Vice Mayor to execute and submit to the Florida Department of Community Affairs the City's proposal in the Housing Rehabilitation category for Fiscal Year 1999 Florida Small Cities Community Development Block Grant Application; RESOLVED, FURTHER, that the City Administrator is authorized to act in connection with the Application and to provide such additional information as may be required by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in regular session this 15th day of June. 1999. Attest: CITY CLERK MAYOR AND/OR VICE MAYOR EXHIBIT 4 - JuN 15 AGENDA . RESOLUTION NO. 9 9 - 5 A RESOLUTION ADOPTING THE FEDERAL FISCAL YEAR 1999 HOUSING ASSISTANCE PLAN GUIDELINES FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the CITY OF OKEECHOBEE recognizes the need to establish local policy guidelines for their Community Development Block Grant (CDBG) Housing Program; WHEREAS, the CITY has developed a Housing Assistance Plan Guidelines and such guidelines conform with the application manual for the CDBG Housing Program which is adopted as part of Fla. Administrative Code Rule 913-43 that governs the CDBG program; WHEREAS, it is the intent of the CITY, to the greatest extent feasible, to improve the housing standards for the low -to -moderate income residents of the CITY through the use of CDBG and other OKEECHOBEE COUNTY Housing programs; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, hereby adopts the Housing Assistance Plan Guidelines for the Community Development Block Grant Program; RESOLVED, FURTHER, that the CITY ADM[NISTRATOR is designated to coordinate the implementation of said Guidelines; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent *of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in the regular session this 15th day of June, 1999. JAMES E. KIRK, MAYOR ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY r� U . RESOLUTION NO. A RESOLUTION ADOPTING THE FEDERAL FISCAL YEAR 1999 HOUSING ASSISTANCE PLAN GUIDELINES FOR CON 4UNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the CITY OF OKEECHOBEE recognizes the need to establish local policy guidelines for their Community Development Block Grant (CDBG) Housing Program; WHEREAS, the CITY has developed a Housing Assistance Plan Guidelines and such guidelines conform with the application manual for the CDBG Housing Program which is adopted as part of Fla. Administrative Code Rule 91143 that governs the CDBG program; WHEREAS, it is the intent of the CITY, to the greatest extent feasible, to improve the housing standards for the low -to -moderate income residents of the CITY through the use of CDBG and other OKEECHOBEE COUNTY Housing programs; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, hereby adopts the Housing Assistance Plan Guidelines for the Community Development Block Grant Program; RESOLVED, FURTHER, that the CITY ADMINISTRATOR is designated to coordinate the implementation of said Guidelines; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in the regular session this 15th day of June, 1999. Attest: CITY CLERK MAYOR CITY OF OKEECHOBEE FISCAL YEAR 1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING ASSISTANCE PLAN GUIDELINES JUNE 1999 Prepared by City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974-2932 With Assistance from Craig A. Smith and Associates 242 Royal Palm Beach Boulevard Royal Palm Beach, Florida 33411 561-791-9280 U C1 J Section . TABLE OF CONTENTS Page I. Purpose of the Program ................................................ 1 H. Designated Authority .................................................. 1 III. Type of Loan Assistance ................................................ 1 IV. Applicant Eligibility .................................. .................. 3 V. Property Eligibility ....................................................6 VI. System for Applicant Selection .......................................... 11 VII. Contracting Requirements .............................................. 13 VIII. Reports, Records and Data ............................................. 17 IX. Contractor Qualifications ............... . ............•.................. 17 X. Amendments .......................... .......... ..................17 Attachment A - Application Form ........................................ 18 Attachment B - Unit Inspection Evaluation Form ............................ 20 ii • is . CITY OF OKEECHOBEE FISCAL YEAR 1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING ASSISTANCE PLAN GUIDELINES I. PURPOSE OF THE PROGRAM A. Project Area The City of Okeechobee, Florida, hereinafter referred to as the City, shall provide financial assistance to those qualified applicants residing in the City limits of the City of Okeechobee. B. Purpose of Assistance The sole purpose of the financial assistance shall be to provide decent, safe and sanitary housing for low- and moderate -income residents by rehabilitation of existing structures to a condition which brings the structure into compliance with the Southern Standard Housing Code. The construction work on a dwelling unit will be completed by a state registered or certified general contractor and who is licensed by the Florida Department of Business and Professional Regulation. C. Operating Rules and Regulations This program shall be operated in accordance with all applicable rules and regulations of the City, the State of Florida and the U.S. Department of Housing and Urban Development. II. DESIGNATED AUTHORITY A. Designated Approval Officer The City Administrator or his/her designee is designated as the approval officer. III. TYPE OF LOAN ASSISTANCE A. Purpose of Assistance Housing Rehabilitation Assistance will be provided to rehabilitate residential owner -occupied properties only. All dwelling units to be rehabilitated shall be occupied by the owner at the time the Housing Rehabilitation Assistance is provided to the owner. Page 1 No funds will be provided for vacant, renter -occupied or commercial properties. With the exception of the demolition/relocation program, where the owner of a dilapidated structure received a payment for a replacement structure and the existing structure is removed, no existing low- and moderate income housing units will be demolished or converted to non -low and moderate -income housing under this project. Participants' income must be within the Section 8 income limit guidelines as published by the State of Florida for the Okeechobee County/City of Okeechobee area. B. Maximum Amount of Assistance When all qualifications have been met by an applicant, he/she shall be eligible to receive Housing Rehabilitation Assistance in the amount necessary to bring the property into compliance with the Southern Standard Housing Code and/or local housing code. The maximum amount shall not exceed $36,999 of CDBG funds. If this amount of CDBG funds is exceeded, approval from the local governing body must be sought before beginning rehabilitation: This assistance will be provided as a Housing Rehabilitation Assistance Deferred Payment Loan under the CDBG program, No homeowner who resides in a unit to be rehabilitated may receive more than one CDBG Housing Rehabilitation Assistance Deferred Payment Loan at this time and for it five year period after completion of their residence. There might be instances where it will be necessary to combine the financial resources of the CDBG and other housing programs to provide appropriate housing assistance to the residents of the City. In these instances, all program guidelines must be strictly adhered to. C. Security Requirements for Owner -Occupied Units A Deferred Payment Loan (DPL) Agreement to the City shall be required for each Housing Rehabilitation Assistance Deferred Payment Loan. Said DPL will be properly filed with the Clerk of the Circuit Court and include the following provisions: Zero percent (0%) interest rate. 2. No payments shall be due from the property owner as long as the property is the legal residence of the recipient and the recipient maintains low- to Page 2 IV moderate -income status, as defined below. 3. If within five (5) years from the date of the DPL, the property is transferred by sale or other means, the recipient ceases to occupy the property as his/her legal residence, the recipient dies and the heir(s) occupy the property as their legal residence and are not of low- and moderate -income status, or the recipient dies and the heir(s) are of low- and moderate - income status, but do not maintain the property as their legal residence, the original owner(s) or heir(s) shall pay in full to the City that percentage of said financial assistance shown in Column B below, for any such transfer which becomes effective on or before the anniversary date of the DPL set forth in Column A: Column A Column B First year 1000/0 More than 1 year to 2 years 80% More than 2 years to 3 years 60% More than 3 years to 4 years 40% More than 4 years to 5 years 20% After 5 years 0% Transfer means any transfer of the. property by deed or otherwise transferring possession (i.e., rental. or leasing) of the property for occupancy to someone other than the owner receiving a Housing Rehabilitation Assistance Deferred Payment Loan. 4. The City shall file a Satisfaction of Mortgage with the Clerk of the Circuit Court at the conclusion of the fifth (5th) year of continuous occupancy by the recipient or upon receipt of final payment as specified in Section III.C.3. 5. For any dwelling units located in flood prone areas established by the Federal Emergency Management Agency, flood insurance shall be obtained when the rehabilitation is completed. Insurance will only be required until administrative close-out of the grant is accomplished. APPLICANT ELIGIBILITY A. Tenure Characteristics In order to receive Housing Rehabilitation Assistance, an individual or family must be a homeowner occupying a residential unit located within the City, all property Page 3 • taxes paid up -to -dote, property must be without judgements and/or liens, and whose financial resources do not exceed the low- and moderate -income standards as described below; The applicant will be considered the owner if he/she: 1. Is the "owner of record" on the official property records on file with the Clerk of the Circuit Court; 2. Possesses a valid contract for deed which has been or may be filed on record with the Clerk of the Circuit Court; and. which includes reasonable rights of redemption and quiet and peaceable possession of the property; or 3. Possesses a life estate which has been or may be filed on record with the Clerk of the Circuit Court. B. Low- to Moderate -Income Requirements Individuals or families must meet the low- to moderate -income eligibility requirements and be owner occupants currently residing in the residential unit to be rehabilitated. For the purposes of income eligibility, income shall be determined as provided for by the U.S. Department of.Urban Development Section 8 Program Household Income Limits as specified in 2'4 C.F.R. 813.106. Income from all sources of any family member including individuals who are 16 years of age or older and who reside in the dwelling unit of the applicant shall be counted as a part of the income. Income is the amount from the following sources, but not limited to such sources: gross salaries, including tips, bonuses, commissions, overtime pay; pensions and annuities; business profit for self- employed persons, including farmers; interest and dividends; any public assistance, including Aid to Families with Dependent Children, Supplemental Security Income, unemployment compensation; Social Security; estate or trust income; rental income; and gains from sale of property or securities, including contract for deed, and child support and alimony. The most recently issued low-income family standards under the Housing Act of 193 7 as prepared by the U.S. Department of Housing and Urban Development shall be used to determine eligibility for Housing Rehabilitation Assistance. The low-income limits for families larger than eight persons will be determined by adding 6.25 percent of the four -person income limit base to the eight -person limit for each person in excess of eight. The limits developed by the use of these factors will be rounded to the nearest $50. Page 4 • C. General (Conflict of Interest) The City shall notify the Florida Department of Community Affairs (DCA) of any potential conflicts of interest that may exist relating to housing applicants. The conflict of interest will be brought to the attention of the City Council at a regularly scheduled meeting. The City Council shall request from DCA a waiver for any such conflicts when appropriate pursuant to 24 C.F.R. 570.489 and Section 112.311 - 112.3143, F.S. No member of the City Council nor any City official, member of the C.A.T.F., employee or agent of the City government, or relatives of any of these as defined by HUD and Florida Statutes, shall be eligible for program participation unless they are granted a waiver by DCA. This prohibition shall continue for one (1) year after an individual's relationship with the City government ends. For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: 1. The person must declare on the application form that a conflict of interest may exist. 2. The governing body must decide whether to proceed requesting a waiver on the potential participant dispute the conflict of interest. 3. If the person who the conflict on interest exists with is a voting member of the governing body, that person must declare a conflict of interest and not vote on the potential participant. . 4. The City's Attorney shall prepare a written document stating in his/her opinion proceeding with potential participant's residence would not violate any state or local law. 5. A written request for waiver is sent by the City to DCA for review and comment. 6. If a waiver is obtained, the potential participant would be placed with other potential participants as outlined herein. No dwelling unit owner, lessor, lessee, tenant, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or subcontractor to be paid with Community Development Block Grant funds for the rehabilitation of said building, nor shall they be paid for their own labor with Community Development Block Grant funds for the rehabilitation of said dwelling unit. Page 5 V. PROPERTY ELIGIBILITY A. Unit Characteristics Only single-family owner -occupied dwelling units are eligible for Housing Rehabilitation Assistance. Multiple -family dwelling units and mobile homes, modular homes or other forms of manufactured housing are not eligible for Housing Rehabilitation Assistance. The single-family dwelling unit and property is required to be in compliance with other appropriate local codes (i.e. nuisance, trash or other environmental or health codes) prior to initiation of housing rehabilitation construction. B. Condition After rehabilitation, all dwelling units addressed with Community Development Block Grant funds shall be in compliance with the Section 8 Housing Quality Standards as promulgated by the U.S. Department of Housing and Urban Development, the Southern Standard Housing Code, and/or the local housing code. Upon completion of the rehabilitation of each dwelling ufiit,. the ratio of the cost of housing rehabilitation to the projected market value of the rehabilitated dwelling unit shall be at least one to one. C. Types of Costs, Improvements and Activities Eligible Costs: Housing Rehabilitation Assistance shall be used only for those repairs and/or replacements which are necessary to correct violations of the Southern Standard Housing Code and/or local housing code, eligible items designated by the Florida Department of Community Affairs and the following listed items. Eligible Improvements: Any improvement required to meet the Southern Standard Housing Code and/or local housing code, including, but not limited, to: A. Structural system B. Electrical system C. Plumbing system D. Heating system E. Windows F. Insulation Page 6 G. Kitchen cabinets H. Stove and refrigerator I. Roofing system J. Extra bedrooms (if required due to family size) 2. Any improvement designated as eligible by the Florida Department of Community Affairs; 3. Weatherization and energy conservation improvements; 4. Exterior painting; 5. Improvements to adapt the property for use by the physically handicapped; 6. Improvements necessary to meet flood hazard standards; and 7. Flood hazard insurance. All improvements must be physically attached to the property and permanent in nature. Upon approval of the City Council, Housing Rehabilitation Assistance may be used to rehabilitate residential properties listed on the national, State, or local Registers of Historic Places. Ineligible Improvements: General property improvements including, but not limited to, additions for family rooms, carports or ineligible items as identified by the Florida Department of Community Affairs. Other Eligible Activities: Community Development Block Grant funds may be used for temporary relocation allowance for those occupants displaced temporarily by rehabilitation activities being carried out with Housing Rehabilitation Assistance. Temporary relocation assistance will be provided as specified in the City's Community Development Block Grant Program Antidisplacement and Relocation Assistance Plan. D. Permanent Relocation: It might become necessary to provide housing replacement payments to low- and moderate income home owners to replace their dilapidated residence with units Page 7 U • that meet minimum property standards and standards set forth in the Southern Standard Housing Code and/or local housing code currently adopted by the City. To select participants in the permanent relocation activity, the process identified in Section IV. APPLICANT ELIGIBILITY shall be followed. Those units falling into the replacement category either, because the estimated cost of rehabilitation is excessive or existing structural conditions are dilapidated, shall be considered for this activity. For a unit to be eligible, one of the following criteria must be met: Cost of rehabilitation of the housing unit must exceed eighty percent (80%) of the cost of new construction. Lead Based Paint inspection and abatement shall be included in calculating the rehabilitation cost. Current costs for new construction is approximately $45.00-$60.00 per square foot for a single-family residence. 2. Less than seventy-five percent (75%) of the exterior structural envelope is salvageable. Once an owner has been deemed eligible for Permanent Relocation program, he/she shall have the following options: . 1. To locate to an existing standard property which is adequately sized for the family and utilize the permanent relocation payment toward the purchase of same; or 2. The owner may elect to have a conventional home placed on the property where the house is currently located. New housing must be constructed meeting all of the City's zoning and building code requirements; or The owner may purchase property at another location within the City and contract to have home placed there. If Option 1 is selected, the following shall apply: If the permanent relocation is not sufficient toward the purchase of the desired property, the owner may utilize other means of financing to add to funds provided by the City's Community Development Block Grant to provide the balance of the purchase. Page 8 u 2. Permanent Relocation Funds may be utilized to correct code deficiencies in the property being purchased in order to bring the property up to current code standards. 3. All code violations must either be corrected or contracted for correction prior to any funds being disbursed. 4. All units must be certified as meeting minimum property standards prior to occupancy. If Option 2 or Option 3 is selected, the following shall apply: The City will place a legal notice in a local newspaper to solicit interested contractors to participate in the program. (Contractors must be either State registered or certified or meet all local building department requirements to be eligible to obtain a building permit.) 2. The City may elect to select a set of plans and specifications that are utilized in this program. Or each interested contractor may present the owner with a set of plans and specifications that he/she (the contractor) is willing to provide for the amount of the relocation payment plus any additional funds the owner may provide. 3. The owner will select a contractor to build their house based upon plans, specifications, and options available. 4. The contractor will fill out a detailed set of "Description of Materials Forms" and submit plans prior to a pre -construction conference being held. 5. A Pre -Construction Conference will be held between the owner, the contractor, the City, and the City's Community Development Block Grant consultant to review the project in detail. 6. The appropriate contracts will be executed simultaneously, including, but not limited to: A. Agreement between the City and the property owner to provide a relocation payment in exchange for removal of the existing dilapidated property; or B. Agreement between the owner and the contractor to provide for the construction of a new dwelling unit for the amounts of the Page 9 approved relocation payment plus any additional amount (if any) to be provided by the owner. Additional funding may be derived from other local housing programs. (Any additional funds must be guaranteed in a manner which is acceptable to the City). C. The owner authorizes the City to act as his/her agent to escrow funds for the construction of the residence in a separate account in the name of the owner, the contractor, and a representative of the City. It shall take two (2) signatures to receive funds. All CDBG funds will be allocated as a relocation payment (lump sum) or applied toward the actual construction contract, whichever is applicable. D. In order to assure that the home owner does not immediately vacate the property or sell the new replacement housing unit, a Mortgage between the property owner and the, City stating that the owner will live in and agree not to sell or rent the property for ten (10) years shall be executed. The size of units shall be based upon the criteria outlined in the City's housing code so that overcrowding does not occur in the housing unit. A displaced family will be eligible for the following replacement housing payment allowance from the Community Development Block Grant Program: Number of Bedrooms Pavment Est. Sauare Footage 1 bedroom $28,000 800 2 bedrooms $31,500 900 3 bedrooms $34,125 975 4 bedrooms or more $35,999 1025 In designated flood plain areas where the existing housing unit is being demolished and a new housing unit is being constructed, the floor elevation of the new unit must be located above the existing one hundred (100) year flood plain elevation. The one hundred (100) year flood plain elevation benchmark must have been established by a registered land surveyor. The owner shall be required to obtain flood insurance on the residence as part of the CDBG Program requirements. The cost of the flood insurance shall be an eligible CDBG grant expense. Page 10 • • VI SYSTEM FOR APPLICANT SELECTION A. Application Processing Methods The application form for eligibility determination is attached as Attachment A and is incorporated by reference as part of these guidelines. An advertisement will be placed in the local newspaper and a public service announcement will be broadcast on a local radio station notifying residents of an application period, if applicable. Community meetings advising potential beneficiaries of the program might also be held if the City so desires. The City may also elect to utilize the listing of potential beneficiaries who have made application to the City's other housing programs as potential Community Development Block Grant beneficiaries as long as a Community Development Block Grant application has been completed. Applications may be obtained at the City Administrator's Office located at City Hall between 9:00 a.m. and 12:00 p.m. and 1:00 p.m. and 4:30 p.m. Monday through Friday. The application shall be returned to the City Administrator's Office with the following documentation: To Verifv Examples -of Acceptable Documents Residency: Drivers license, voters registration or a utility bill. Legal Ownership: Deed of record Income/Wages: Pay stubs or letter from employers (past or present), social security allotment letter and other similar documents. This pertains to all working family members. Family Members: Copy of all household members Social Security Cards, birth certificates or a notarized statement To Verifv Examples of Acceptable Documents from a neighbor or fiend stating how many individuals live in the household. Page 11 Public Assistance:. Letter from the Florida Department of Health and Rehabilitative Services concerning Food Stamp, Aid to Families with Dependent Children or any other public assistance, indicating the amount of assistance and the number of persons in the family. An applicant shall be considered eligible for Housing Rehabilitation Assistance if they meet the requirements as outlined in Section IV above and their dwelling unit is suitable for rehabilitation. To be suitable for rehabilitation, the dwelling must be inspected utilizing the "Unit Inspection Evaluation Form" issued by the Florida Department of Community Affairs for use in the Small Cities Community Development Block Grant Program, the same being attached hereto as Attachment B incorporated by reference. If the evaluation score is equal to or greater than 26 points, the unit shall not be rehabilitated. If the score is less than 26 points, the housing specialist will prepare a work write-up of repairs necessary to bring it up to standard condition. A cost estimate of repairs will also be prepared based on the needs identified in the work write-up. Completed applications shall be considered giving preference in the following order first to the handicapped, elderly and families with.children. The City will not discriminate against any.applicant for assistance because of race, color, religion, sex, familial status, handicap, national origin or age. A listing of potential beneficiaries by name and address will be presented to the C.A.T.F. and the local governing body prior to notification of approval or denial to ensure that any potential conflict of interest are addressed in a timely manner. An applicant shall then be notified via mail after the application is reviewed and notifying the applicant whether they are approved for assistance or denied assistance. An applicant shall be notified via mail if a previously approved dwelling unit is deleted from the list of proposed dwelling units to be rehabilitated with Community Development Block Grant funds. In all cases, it is understood that the financial limitations associated with a Community Development Block Grant Housing program, specifically addressing the number of units required to be completed under the activity and program shall be an overriding factor in determining which units shall ultimately be addressed. Page 12 • 0 B. Complaint Procedures Complaints concerning the Housing Rehabilitation Assistance program shall be made in writing and addressed to the City Administrator within fifteen (15) working days of commencement of the dispute. The City Administrator will contact the complainant and attempt to resolve the problem. The City Administrator shall issue a written response to the complainant within fifteen (15) working days of receipt of a written complaint. If the complainant is not satisfied with the City Administrator's response, he/she may file an appeal within fifteen (15) working days of receipt of the written decision by the claimant to the C.A.T.F. on Community Development. The C.A.T.F. on Community Development shall submit a written recommendation to the City Council within fifteen (15) working days of receipt of the appeal. The City Council shall consider the recommendation at its next regularly scheduled meeting. A decision shall be made by the City Council at such meeting. The decision of the City Council shall be the final authority concerning the complaint. VII. CONTRACTING REQUIREMENTS A. Solicitation of Potential Contractors The City wishes to encourage local general contractors -to participate in the Housing Rehabilitation Assistance Program if they are able to meet the requirements of Section IX. A community meeting for contractors could possibly be held to educate them about the specifics of Community Development Block Grant Housing Rehabilitation Assistance Program. The construction work on a dwelling will be completed by a state registered or certified general contractor and who is licensed by the Florida Department of Business and Professional Regulation. B. Contract Between the City, the Contractor and the Homeowner The contract for rehabilitation work shall be between the City, acting as agent for the Homeowner, the Contractor and the Homeowner. Page 13 C. Contracting Construction work for rehabilitation financed through a Housing Rehabilitation Assistance Deferred Payment Loan shall be undertaken only through a written contract between the City, the Contractor and the Homeowner. The City shall arrange for and obtain an acceptable construction contract. The construction contract will consist of a single document signed by the City, the Contractor and the Homeowner. The contract shall contain a bid proposal by the contractor and the general conditions, as well as the specifications for the work to be performed. The City will advertise for bids at least twelve (12) days prior to the bid opening in a local paper and a paper of general circulation. A memorandum may be mailed to minority contractors and interested contractors at least twelve (12) days prior to the bid opening. Contracting shall be done on a competitive bid basis. The City will prepare the bid package, advertise and review all bids to determine if the bid is responsible and responsive. The bids will then be tabulated. The CATF will review and make a recommendation to the City for approval. The City shalt award the construction contract to the lowest responsible and responsive bidder. Should the bid be higher than the acceptable range, the home will be re -bid. D. Change Orders All change orders to the bid specifications contained within an approved construction contract shall require the approval and signature of the City Administrator and/or designee, the Contractor and the Homeowner. Any change orders which cumulatively exceed One Thousand Dollars ($1,000.00) above the original contract amount shall only be paid with CDBG funds if the change orders are to correct documented code violations based on a bonafide code violation report or to meet Section 8 Housing Quality Standards. E. Paint The Homeowner shall select the color of paint to be used. Once selected by the Homeowner, the paint color shall not be changed by the City, the Contractor or the Homeowner. The use of lead based paint shall be prohibited in dwelling units rehabilitated with Community Development Block Grant funds. Page 14 • U If addressing a pre-1978 home with Community Development Block Grant funds, the homeowner shall be notified of the hazards of lead -based paint poisoning: 1) Advised that the property may contain lead -based paint; 2) Advised of the hazards of lead -based paint; 3) Advised of the symptoms and treatment of lead poisoning; 4) Advised of the precautions to be taken to avoid lead -based paint poisoning (including maintenance and removal techniques for eliminating such hazards); 5) Advised of the need for and availability of blood lead level screening for children under seven (7) years of age; and 6) Advised that if lead -based paint is found on the property, appropriate abatement procedures may be undertaken in accordance with Florida Department of Community Affairs Technical Memo: HCD: CDBG-93-12, dated November 30, 1993. E. Initiation of Construction When the contract has been successfully awarded, the participant may be required to temporarily relocate out of their residence. The participant will have their belongings moved and stored in accordance with the Temporary Relocation Guidelines of the Antidisplacement and Relocation Assistanee Plan. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $75.00 per month may be paid for.the duration ofthe construction period. After the participant has vacated the dwelling unit, the contractor receives a Notice to Proceed (further information is contained in the construction contract and construction specifications) and the Notice of Commencement is filed. The house is then rehabilitated in accordance with the rehabilitation standard specifications, the standard building code, and the work write-up. At each draw request, a partial waiver, final waiver, or release of liens may be required prior to payment. F. Inspection and Acceptance of Work Responsibility for Making Inspections The City and/or its agent(s) shall make regular inspections, as necessary, to assure that the rehabilitation work is being completed in accordance with the construction contract. The City shall assist the Homeowner in reviewing the Contractor's work. Partial Payment Requests shall be signed by the City, the Contractor and Page 15 • the Homeowner. The City shall maintain a twenty (20) percent retainage on all contracts. Final Inspection Upon completion of the rehabilitation work and receipt of the Contractor's invoice containing his/her certification of satisfactory completion of all the work in accordance with the contract, and his/her warranty, the City shall arrange for inspection of the completed work to determine whether the work has been done in accordance with the construction contract. Upon completion of the project, the local building inspector will issue a Certificate of Occupancy. The participant is required to move back into the dwelling unit at this point. The contractor is required to submit a request for final payment including a waiver or release of liens from the prime contractor, all material suppliers, subcontractors, persons, or organizations that may have supplied the job or have an investment in the job as a result of the work performed. Making Final Payment When the City determines that the rehabilitation work is satisfactorily completed in accordance with the construction contract and the Homeowner has signed an Acceptance of Work and Warranty form,'the City shall obtain from the Contractor a release of liens, including releases from all subcontractors and suppliers, and a copy of each warranty due to the Hbmeowner for the work. Upon satisfactory completion of the work, the City, acting as agent for the homeowner will pay the Contractor eighty percent (80%) of the contract price and will issue a written acceptance of work, and the Contractor shall immediately file the same with the Clerk of the Circuit Court. After the expiration of forty-five (45) days from the registry of the notice of acceptance, the contract shall be completed and the Contractor shall be discharged and the Contractor paid the twenty percent (20%) retainage. One Year Warranty of Work by Contractor All rehabilitation work performed by the Contractor shall be covered by a one (1) year warranty. Such warranty shall confer upon the Homeowner, for a period of one (1) year, the right to require the Contractor to correct significant defects and inadequacies in the work performed under the construction contract. Page 16 • 0 VIII. REPORTS, RECORDS AND DATA The City shall retain and maintain accurate files and records on each applicant including all documentation pertinent to the applicant. Such files shall be open for inspection and retained for a period of not less than three (3) years following the satisfaction of the applicable DPL. The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, reports, estimates, records and other data as the City may request concerning work performed or to be performed under this Program. The Contractor shall be required to maintain his/her reports, records and data for the rehabilitation work for a period of three (3) years, from the date of the final approval of rehabilitation work completed under this Program. IX. CONTRACTOR QUALIFICATIONS A. Contractors The City shall always exercise care and good judgement in approving a contractor. An approved contractor shall be licensed by the State of Florida as a residential contractor, of good reputation, financially sound, have adequate financial resources to carry out the construction contract and be qualified to do the required work. B. Insurance The Contractor shall maintain workers compensation insurance as required by the State of Florida and liability insurance in the amount of $100,000/300,000. X. AMENDMENTS The City Council shall have the right to change, modify or revoke all or any part of these guidelines by a majority vote. DULY AMENDED AND ADOPTED this 15th day of June, 1999. CITY CLERK MAYOR Page 17 Name Address • ATTACHMENT A • HOUSEHOLD SURVEY FORM Telephone Are You: White Black Hispanic American Indian/Alaskan Native Please answer the following (check appropriate response): 1. Do you own your own home? 2. To you have indoor plumbing? 3. Are you a citizen of the United States? 4. Are there any judgement/liens on your property? 5. Are property taxes paid? (Please attached a copy of property tax statement) 6. Are you related to a Councilman, CATF member, or employee of local government? Please indicate the number of persons in household Employment of FamUWHousehold Members NamelRelationshiD Sex Soc. Sec.# Emnlover/Address Asian or Pacific Islander Hasidic Jew Yes No Dates From/To Hourly Hrs/ Waaek Sources of Income MonthlyAmount Sources of Income MonthlyAmount Food Stamns Rental ProDert-v Aid to Families with Dependent Children Alimonv Supplemental Social Security Child StmDort Unemployment Social Com°ensauon Security Veterans' Self Benefits Emplovment Trade Readiustment Act Pensions Other'Assistance Other Income TOTAL TOTAL (Please attached a signed copy of your latest Federal Income Tax Return and/or Social Security receipts.) Who is the primary income recipient/wage earner? Are you or any person in the household physically handicapped? If so, explain Page 18 • ATTACHMENT A (Continued) • HOUSEHOLD SURVEY FORM Whom do you support: Name Age Relationship Gross Household Assets: of include your home, household related contents or personal vehicles. Assets are savings and checking accounts, certificate of deposits, stocks, bonds, land, etc.) Asset Net Value House and Property Information Property Description: Lot Block Subdivision Property Occupied by: Owner Renter Lessee Ownership Status: Paid in Full Yes No Mortgage Holder's Name Account Number Contract for Deed from Contract Date How long at this address? Years Months Age of House IF THE APPLICATION FOR ASSISTANCE IS APPROVED, I WOULD BE INTERESTED IN RECEIVING HOUSING REHABILITATION ASSISTANCE. I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I FURTHER UNDERSTAND THAT ERRORS OR OMISSIONS WILL BE CAUSE FOR REJECTION. Signature Page 19 Date ATTACHMENT B UNIT INSPECTION EVALUATION FORA Name of Applicant Address Structural Condition Good Minor Major Condition Repair Repair Needed Needed A. Interior 1. Floors 2. Ceilings 3. Bathroom Fixtures 4. Walls B. Exterior 1. Siding 2. Foundation 3. Windows 4. Roofing C. General 1. Septic/Sewer System 2. Electrical System 3. Heating System 4. Plumbing System (Including Water Heater) Totals for each column Score: Number of Minor Repair Conditions X 1 = Number of Major Repair Conditions X 2= Number of Nonrepairable Conditions X 3 = Non Repair- able TOTAL If score is equal to or greater than 26, the unit should not be rehabilitated. If you disagree with this assessment, please state the reason: RESULT OF SURVEY: Rehab Demolition HEALTH & SAFETY SURVEY: Would the health and safety of the resident(s) of this housing unit be improved as a direct result of the proposed activities (to answer yes, two of the structural conditions listed above must be in the "need of major repair" or the "non -repairable" category)? Yes No CERTIFICATION: I certify to the structural condition of the identified unit as indicated. Inspector Date Page 20 ExHIBiT 5 - JUN 15 AGENDA RESOLUTION NO. 9 9 - 6 A RESOLUTION ADOPTING A CITIZEN'S PARTICIPATION PLAN WHEREAS, the CITY OF OKEECHOBEE recognizes the need to develop a plan to address continuous citizen involvement in the CITY OF OKEECHOBEE's Community Development Block Grant Program; and WHEREAS, it is the intent of the CITY OF OKEECHOBEE to the greatest extent feasible, to ensure an adequate opportunity for community wide participation in the planning, development and implementation activities related to CITY OF OKEECHOBEVs Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA hereby adopts a Citizen's Participation Plan; RESOLVED, FURTHER, that the CITY ADMINISTRATOR is designated to coordinate the implementation of said Plan; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in regular session this 15'h .day of June, 1999. JAMES E. KIRK, MAYOR ATTEST: BONNIE S. THOMS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY 0 • RESOLUTION NO. A RESOLUTION ADOPTING A CITIZEN'S PARTICIPATION PLAN WHEREAS, the CITY OF OKEECHOBEE recognizes the need to develop a plan to address continuous citizen involvement in the CITY OF OKEECHOBEE's Community Development Block Grant Program; and WHEREAS, it is the intent of the CITY OF OKEECHOBEE to the greatest extent feasible, to ensure an adequate opportunity for community wide participation in the planning, development and implementation activities related to CITY OF OKEECHOBEE's Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA hereby adopts a Citizen's Participation Plan; RESOLVED, FURTHER, that the CITY ADMINISTRATOR is designated to coordinate the implementation of said Plan; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in regular session this 15* .day of June, 1999. Attest: CITY CLERK MAYOR E • CITY OF OKEECHOBEE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZEN'S PARTICIPATION PLAN Prepared by CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974 With Assistance from Craig A. Smith and Associates 242 Royal Palm Beach Boulevard Royal Palm Beach, Florida 33411 561-791-9280 . TABLE OF CONTENTS. Section rue I. Overall Goal ....................................................... I II. Objectives......................................................... I III. Citizens Advisory Task Force on Community Development .................... I IV. Public Hearings, Notices and Meetings ................. . ................. 2 V. Access to Public Information ........................................... 2 VI. Citizen Complaint Process ............................................. 2 VII. Bilingual Opportunities ............................................... 3 VIII. Response to Program Inquiries ......................................... 3 ii U • CITY OF OKEECHOBEE CITIZEN'S PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I. OVERALL GOAL Per the requirements of 24 CFR 570.486 and Florida Administrative Code, Chapter 9B-43, the purpose of this Citizen Participation Plan is to ensure an adequate opportunity for community wide participation in the planning, development and implementation activities related to the CITY's Community Development Block Grant Program. II. OBJECTIVES A. To increase interchange of information between CITY staff and the local citizenry concerning community development and related concerns. B. To heighten public awareness as to the purpose and function of the Community Development Block Grant program and the types of assistance available, especially among low/moderate income residents. C. To increase community participation in program -planning and implementation, and thereby create local support for the Community Development Block Grant program. D. To allow affected or potentially affected citizens to directly assist in shaping and guiding the program's impact upon their neighborhood as well as the community at large. III. CITIZENS ADVISORY TASK FORCE ON COMMUNITY DEVELOPMENT To ensure continuous citizen involvement in the CITY's Community Development Block Grant Program, the CITY shall establish the Citizens Advisory Task Force on Community Development to assist with program planning and implementation. The Task Force shall be comprised of the members of the CITY's Code Enforcement Board Task Force meetings shall be open to the general public. These meetings shall be accessible to interested parties. During such meetings, the Task Force shall assist CITY staff in all aspects of the Community Development Block Grant program, including: gathering and assessing citizen input, selection of projects, prioritization of needs, community outreach and public relations, public meetings, determination of program activities and service levels, quality assurance, and continuous program monitoring (including client selection procedures, grievances, performance, etc.). IV. PUBLIC HEARINGS_ NOTICES AND MEETINGS The following schedule of public hearings shall be used for program components as indicated below. Program Comoonent Number of Public Hearings Identification of Community Development Needs Stage One hearing Application Stage One hearing Amendments to Community Development Block Grant Project, as required One hearing All public hearings shall be advertised once in the nonlegal section of a local newspaper of general circulation as defined by Chapter 50, Florida Statutes, a minimum of five (5) days but not more than twenty (20) days prior to the scheduled hearing. To ensure accessibility, hearings shall be held at the following location: City Council Chambers, City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, Florida 34974. V. ACCESS TO PUBLIC INFORMATION All program information shall be available for inspection by interested citizens, including, at a minimum: Task Force Minutes, Community Development Block Grant Application, Community Development Block Grant Program Regulations and this Citizen Participation Plan. These documents shall be available during normal working hours (Monday through Friday from 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 p.m.) at the City Administrator's Office, City of Okeechobee. In addition, specific information dissemination and technical assistance activities shall be undertaken on an as needed basis to inform the low/moderate income persons residing in the Community Development Block Grant Project Areas. Such activities include: neighborhood meetings at community centers, churches or other convenient locations, community outreach by CITY staff, direct contact by Citizens Task Force members, and written (flyer type) information concerning the program. VI. CITIZEN COMPLAINT PROCESS All disputes arising under the Community Development Block Grant Program shall be presented 2 • 0 in writing to the CITY ADMINISTRATOR within fifteen (15) working days of the commencement of the dispute. Such claim shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. The CITY ADMINISTRATOR will contact the claimant and attempt to resolve the dispute. The CITY ADMINISTRATOR will provide a written decision within fifteen (15) working days. Any appeals of the CITY ADMINISTRATOR's decision shall be presented in writing within fifteen (15) working days of receipt of the written decision by the claimant to the Citizens Advisory Task Force on Community Development. The Citizens Advisory Task Force on Community Development will make a recommendation to the CITY COUNCIL within fifteen (15) working days. The CITY COUNCIL shall consider the recommendation at its next regularly scheduled meeting. A decision shall be made by the CITY COUNCIL at such meeting. The CITY COUNCIL's decision on the appeal will be provided in writing and will be the final authority in the dispute. VII. BILINGUAL OPPORTUNITIES Operational experience in the Community Development Block Grant Program has proven that the number of families speaking foreign languages is not significant. However, if the need arises, the CITY will provide a translator. VIII. RESPONSE TO PROGRAM INOUIRIES All inquiries concerning the CITY's Community Development Block Grant program shall be promptly answered either by telephone, personal contact or in writing. All written inquires shall be answered in writing. The response period shall not exceed fifteen (15) working days from the date of receipt of the inquiry by the CITY staff. Duly Adopted in regular session this 15th day of June, 1999. ATTEST: CITY CLERK MAYOR 3 • EXHIBIT 6 - JUN 15 AGENDA RESOLUTION NO 99-7 A RESOLUTION ADOPTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROCUREMENT PROCEDURES WHEREAS, the CITY OF OKEECHOBEE recognizes the need to establish standards and guidelines for the procurement of all services, equipment, construction and services in connection with the Community Development Block Grant program; WHEREAS, these standards exist to ensure that materials and services are obtained efficiently and economically and in compliance with the provisions of Flg, Admin. Code Rule 9B43.014(1) and OMB Circular 102, Attachment O (issued March 1, 1982), 24 CFR Section 85.36 and Chapter 287, Fla. Stat., as applicable; and WHEREAS, all procurement transactions, regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides open and free competition. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA hereby adopts Community Development. Block Grant Procurement Procedures; RESOLVED, FURTHER, that the CITY ADMINISTRATOR -is designated to coordinate the implementation of said Procurement Procedures; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in the regular session this 15th day of June, 1999. JAMES E. KIRK, Mayor ATTEST: BONNIE S. THOMAS, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, City Attorney RESOLUTION NO. A RESOLUTION ADOPTING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROCUREMENT PROCEDURES WHEREAS, the CITY OF OKEECHOBEE recognizes the need to establish standards and guidelines for the procurement of all services, equipment, construction and services in connection with the Community Development Block Grant program; WHEREAS, these standards exist to ensure that materials and services are obtained efficiently and economically and in compliance with the provisions of Flit, Admin. Code Rule 9B-43.014(l) and OMB Circular 102, Attachment O (issued March 1, 1982), 24 CFR Section 85.36 and Chapter 287, Fla. Stat., as applicable; and WHEREAS, all procurement transactions, regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides open and free competition. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA hereby adopts Community Development. Block Grant Procurement Procedures; RESOLVED, FURTHER, that the CITY ADMINISTRATOR -is designated to coordinate the implementation of said Procurement Procedures; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. DULY ADOPTED in the regular session this 15th day of June, 1999. Attest: CITY CLERK MAYOR CITY OF OKEECHOBEE CO1 CVfUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROCUREMENT PROCEDURES Prepared by CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974 With Assistance from Craig A. Smith and Associates 242 Royal Palm Beach Boulevard Royal Palm Beach, Florida 33411 561-791-9280 TABLE OF CONTENTS Item Pane 1. General ........................................................... 1 II. Small Purchases 1 III. Emergency Purchases ................................................ 1 IV. Competitive Sealed Bids .............................................. 2 V. Competitive Negotiation .............................................. 3 VI. Noncompetitive Negotiations .......................................... 4 VII. Documentation 4 VIII. Protest Procedures 5 IX. Code of Ethics .................. 5 X. Affirmative Action 6 M. Travel Expenses .................................................... 6 XII. Other Provisions.................................................... 6 XIII. Minority Contractor Procurement Policy ................................... 8 ii • CITY OF OKEECHOBEE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROCUREMENT PROCEDURES I. GENERAL These procurement procedures establish standards and guidelines for the procurement of all supplies, equipment, construction and services in connection with Community Development Block grants and will comply with the provisions of Fla. Admin. Code Rule 9B43.014(1) and OMB Circular 102, Attachment O (issued March 1, 1982), 24 CFR Section 85.36 and Chapter 287, Fla. Stat. as applicable. These standards exist to ensure that materials and services are obtained efficiently and economically and in compliance with the provisions of applicable federal and state laws and regulations. All procurement transactions, regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides open and free competition. Procurement shall be made by one of the following methods, as described below: (a) small purchase procedures; (b) competitive sealed bids (formal advertising); (c) competitive negotiation; or (d) noncompetitive negotiation. II. SMALL PURCHASES Small purchase procedures are those relatively simple and informal procurement methods that are sound and appropriate for procurement of services, supplies or other property, costing in the aggregate no more than $10,000.00. If small purchase procedures are used for a procurement, price or rate quotations shall be obtained from an adequate number of qualified sources. Inability or failure to obtain more than one quote or bid shad not prohibit the approval of a purchase, if it is demonstrated that other prospective vendors or contractors have been given adequate notice of the procurement and an opportunity to participate, and have declined to submit bids, proposals or price quotes. The CITY ADMINISTRATOR or his/her authorized representative are authorized to purchase materials up to $10,000.00 without prior governing body approval. In all purchases, the lowest reasonable price or bid should be selected. Product or service availability, quality and other appropriate factors can be used in determining reasonableness. Price quotes are not necessary for items purchased under a State of Florida contract. III. EMERGENCY PURCHASES The governing body of the local government may authorize emergency purchases, in conformance with Section 287.057(11), Fla. Stat., if in the judgement of the governing body it is an emergency situation, that would severely impair the provision of essential local government services. • 0 IV. COMPETITIVE SEALED BIDS Purchases greater than $10,000.00 shall be by competitive sealed bids, unless the CITY ADMINISTRATOR or his/her authorized representative certifies in writing that sealed bidding is not practicable or advantageous, in which case the procurement shall be competitive negotiation in conformance with Section 287.057(3), Fla. Stat. and 24 CFR Section 85.36(d)(3)(I). In the competitive sealed bids method of procurement (formal advertising), sealed bids are publicly solicited and a firm -fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest reasonable price. In order for formal advertising to be feasible, certain conditions must be present, including, at a minimum, the following: (1) a complete, adequate and realistic specification or purchase description; and (2) two or more responsible suppliers or contractors are willing and able to compete effectively for the business. However, the inability or failure to obtain more than one bid shall not prohibit the local government from approving the bid, if it is demonstrated that other prospective vendors or contractors have been given adequate notice of the procurement and an opportunity to participate and have declined to submit bids. When this method is used for a procurement, the following requirements shall apply. (1) At least twelve (12) days prior to the date set for opening of bids, the invitation to bid shall be publicly noticed in a newspaper of general circulation in the CITY as defined in Section 50.011, Fla. Stat. and at least one newspaper of regional circulation. (2) The invitation for bids, including specifications and pertinent attachments, shall clearly define the items or services needed in order for the bidders to properly respond to the invitation, state the deadline for submission of sealed bids, state the time and place when and where the sealed bids will be publicly opened and read aloud, and state bid bond requirements, if any. 2 • 0 (3) All bids shall be opened publicly at the time and place stated in the invitation for bids. (4) The criteria for selection of the vendor or contractor and awarding a firm -fixed - price or firm -fixed -unit -price contract shall be the responsible bidder whose bid, conforming to the invitation for bids, is the lowest reasonable price. Where specified in the bidding documents, factors such as discounts, transportation costs and life cycle costs shall be considered in determining which bid is lowest. The award notice shall be made in writing to the selected bidder. (5) The local government reserves the right to waive any minor irregularity or technicality or to reject any and all bids. V. COMPETITIVE NEGOTIATION In competitive negotiation, proposals are requested from a number of sources and a Statement of Qualifications and/or Request for Proposals is publicized. Negotiations are conducted with one or more of the sources submitting offers, and either a fixed -fee or cost reimbursable type contract is awarded, as appropriate. Competitive negotiation may be used if conditions are not appropriate for the use of competitive sealed bids. When this method is used for a procurement, the following requirements shall apply: (1) Proposals shall be solicited from an adeg4ate number of qualified sources to permit reasonable competition consistent with the nature and requirements of the procurement. The Statement of Qualifications and/or Request for Proposals shall be publicly noticed at least twelve (12),d4ys prior to the date set for receipt of Statements of Qualifications and/or Request for Proposals in a newspaper of general circulation in the CITY as defined in Section 50.011, Fla. Stat. and at least one newspaper of regional circulation. (2) The Statement of Qualifications and/or Request for Proposals shall identify the deadline for submission of Statement of Qualifications and/or Request for Proposals, minimum qualifications, all evaluation factors, including price or cost where required and their relative importance. (3) The review procedures shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award. The CITY shall conduct a cost or price analysis of the proposed fee to establish that the fee proposed is "fair and reasonable." (4) An award of a fixed fee or cost reimbursable contract shall be made to the responsible offeror in writing whose proposal will be most advantageous to the local government, price and other factors considered. Unsuccessful offerors should be notified in writing. 3 U (5) The local government will follow the Competitive Negotiation Act, Section 287.055, Fla. Stat. as amended, when procuring the services of architects or engineers. The provisions of these procurement procedures shall not be construed to conflict or supersede the requirements of Section 287.055, Fla. Stat. as amended, or any other applicable state or federal law. VI. NONCOMPETITIVE NEGOTIATIONS Noncompetitive negotiation is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Noncompetitive negotiation may be used when the award of a contract is infeasible under small purchase, competitive sealed bids or competitive negotiation procedures. Circumstances under which a contract may be awarded by this method are limited to the following: The item is available only from a single source; 2. Public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation; 3. After solicitation of a number of sources, competition is determined inadequate; 4. The contract item is available under a State of Florida negotiated blanket contract; or The goods and/or services are procured from another unit of government. For procurements exceeding $25,000, the local government shall obtain from the Florida Department of Community Affairs written permission prior to entering into any contract procured as a result of inadequate competition, a sole source or a non-competitive procurement negotiation based upon whether the criteria in 24 CFR Section 85.36 have been satisfied. For contracts below $25,000, the recipient's files must document the justification for procurement with inadequate competition from a sole source or based on non-competitive negotiation pursuant to 24 CFR Section 85.36. VII. DOCUMENTATION All procurement transactions must be documented. Regardless of the method of procurement chosen, the local government must retain records to demonstrate its rationale for choosing the method of procurement, contractor qualifications, contract specifications or scope of work and the basis for selection or rejection of the contractor. Contract records must also document the basis for the contract price. Purchases other than small purchases must be approved by the governing body and such authorization must be reflected in the minutes. 4 • • All procurement invoices should be signed by the CITY ADMINISTRATOR. Financial data in support of payments must also be maintained. This documentation includes vouchers, invoices, contracts, checks, budget transfer memoranda, and other transaction documentation. Vouchers and invoices should document verification before payment to ensure programmatic, financial and contractual compliance. VIII. PROTEST PROCEDURES Complaints or protests regarding local actions shall be submitted in writing to the chief elected official. The complaint or protest must be filed within fifteen (15) days of the occurrence with the chief elected official. The complaint or protest will be investigated as to determine validity of the issue. The issue will then be brought to the attention of the governing body for review, however, their review is limited to violations of law or regulations or failure to review a complaint or protest. IX. CODE OF ETHICS No employee, officer or agent of the local government shall participate in selection, or in the awards or administration of a contract supported by public funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (1) An employee, officer or agent of the local government; (2) Any member of his or her immediate family; (3) His or her partner, or (4) An organization which employs, or is about to employ, any of the above has a financial or other interest in the firm selected for the award. Local government officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub - agreements. However, minimum rules may be set where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by local officers, employees, or agents, or by contractors or their agents. All public employees, officers or agents of the local government are further bound by the provisions of Section 112.313, Fla. Stat., the statutory code of ethics covering all public employees, including elected officials. X. AFFIRMATIVE ACTION The local government is committed to eliminating discrimination based on race, color, religion, sex, national origin, age, or physical handicap. M. TRAVEL EXPENSES All travel payments shall conform to the allowances provided in Chapter 112.061, Fla. Stat. as amended. Reimbursement for travel expenses will be paid to an employee only after the submission of an itemized statement of expenses. XII. OTHER PROVISIONS While the local government certifies its procurement procedures meet or exceed the minimum standards applicable to Community Development Block Grant administration, the local government recognizes the special purchasing requirements of the.state's Community Development Block Grant Program. In addition, the local government agrees to follow any purchasing procedures as outlined in the federal and state administrative rules for the Community Development Block Grant Program in effect at the time of a grant award. Except as otherwise provided by law, procurement awards shall be made only on the basis of requirements and evaluation factors that are directly related to the price Or quality of the commodities or services or to the ability of the prospective supplier or contractor to perform under the agreement. In evaluating the ability of a prospective contractor to perform, the local government shall at a minimum consider the prospective'contractor's record of past performance under Community Development Block Grants. In procuring services for grant administration, the local government shall evaluate in writing any economies of scale or other means of securing efficienq that may be available as a result of the type, number and geographic distribution of grants to be administered by the local government or by a prospective grant administrator. The local government shall not contract with the same individual or business entity for more than one of the services listed in Section 290.047(5), Fla. Stat. as amended, unless for each such service, it can document that such individual or entity is the sole source for the service or is the responsive proposer whose proposal has been determined in writing, as a result of a competitive process in accordance with the local government's procurement procedures, to be the most advantageous to the local government. Written determination of the need for multiple services from the same contractor and supporting documentation must be maintained on file with the local government throughout the grant term. In accordance with U.S. Department of Housing and Urban Development Circular Letter 81-69, unlike services, such as grant application preparation, administering Community Development Block Grant programs, engineering services, and the like must not be lumped together in a single contract. All contracts for professional services shall conform to the following: fol • (1) Any Request for Proposals which includes more than one service shall provide that: a. proposals may be submitted for one or more of the services; b. proposals will be considered on an equal competitive basis; C. qualifications and proposals should be separately stated for each service; d. the evaluation of the proposals should be separate for each service. (2) A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal, ranking or comparing each proposal to the criteria in the published Request for Proposals. Based on that criteria, this written evaluation will document why the successful proposal was selected. (3) A separate professional services contract must be procured and executed between the local government and the consultant for each particular Community Development Block Grant. Each advertisement for procurement of Community Development Block Grant professional services, except for grant application preparation, must specify the scope of work, program category and Community Development Block Grant cycle by federal fiscal year, grant number provided by the Florida Department of Community Affairs, or application due date. (4) Those types of services having a relatively undefined scope, such as program management or administration, and those services of a more defined scope, such as engineering or architectural design, must -be separated from each other into individual contracts; (5) Each services contract must identify by grant agreement number and individual project the grant to which it is applicable. (6) 24 CFR Part 85 establishes that a general conflict may exist where a local government awards a multi -service contract to a firm to administer its Community Development Block Grant program, while at the same time the same firm is to provide a service, such as engineering, where the administrator must oversee and approve its own work. In such cases where the administrator oversees its own engineering services, the services of an independent third party shall be obtained to provide the necessary oversight and approvals. (7) All procured contracts shall conform to 24 CFR 85.36(I) and Section 287.055, F.S. (8) If Community Development Block Grant and other sources of funding are being jointly used to fund activities under a single contract (excluding housing construction or housing rehabilitation contracts), the activities to be paid for with Community Development Block Grant funds must be shown as a separate line item or alternative (deducted or added) in the procurement documents. Community Development Block Grant funded activities shall be separator aged so that 7 Community Development Block Grant funded activities are readily identifiable and quantifable. This shall be done to clearly denote the Community Development Block activities and the amount of a contract to be paid from Community Development Block Grant funds. (9) All contracts covered by Section 3 regulations shall contain the language required in 24 CFR 135.38. XIII. MINORITY CONTRACTOR PROCUREMENT POLICY It shall be the policy of the CITY OF OKEECHOBEE, to the greatest extent possible, to promote opportunities for minority business enterprises to be awarded contracts for contractual services, commodities and construction work with the CITY. Minority business enterprise is defined as any business concern which is organized to engage in commercial transactions, which is at least 51 percent owned by minority persons and whose management and daily operations are controlled by such persons. In accordance with this policy, the CITY shall implement the following steps: Utilize the Florida Chamber of Commerce, Florida Department of Labor and Employment Security -Certified Minority Business Enterprises, listings of federal agencies and other appropriate sources to identify minority business concerns; 2. Maintain and update a listing of minority business concerns; 3. Notify minority business concerns of contracting opportunities with the CITY, and 4. Maintain records (copies of memoranda, correspondence, etc.) to document that all steps in the Affirmative Action Plan for Procurement of Contractual Services have been followed. Approved by CITY COUNCIL on the 15th day of June, 1999. ATTEST: CITY CLERK MAYOR 8 0 • SBI.T.44 — MM 15 A61 A INTERLOCAL AGREEMENT FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATIVE CATEGORY THIS INTERLOCAL AGREEMENT made and entered into this day of '1999, by and between the CITY OF OKEECHOBEE, FLORIDA, a Florida municipality organized under the laws of the State of Florida, hereinafter referred to as "City"; and OKEECHOBEE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County" pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes). WITNESSETH WHEREAS, the City intends to apply for a FFY 1999 Florida Small Cities Communities Development Block Grant (CDBG) Housing rehabilitation category, (the Grant) to rehabilitate housing units owner -occupied by low to moderate income residents of the City; and WHEREAS, the County has agreed to expend during the term of the Grant, the sum of Forty Thousand Dollars ($40,000.00) of its SHIP funding within the City limits in conjunction with the Grant award to be used as leverage in the City's FFY 1999 CDBG application to rehabilitate housing units owner -occupied by low to moderate income residents of the City. WHEREAS, adoption of this Interlocal Agreement will assist both the City and County in developing a comprehensive housing rehabilitative program in both communities which will address the need of upgrading substandard housing units to the local housing code, and/or Section 8 Housing Quality Standards for their low to,moderate income residents. NOW, THEREFORE, in consideration of the premises and of the terms, conditions and covenants herein contained, it is agreed by and between the parties hereto, as follows: 1. That the preambles stated above are true, correct and incorporated into this agreement. 2. That subject to receipt of SHIP funding by the County and a grant award to the City predicated upon use of the County SHIP funds as leverage, the County shall expend during the term of the Grant the sum of Forty Thousand Dollars ($40,000.00) of its SHIP funding within the City limits in conjunction with the City FFY 1999 CDBG Grant award to rehabilitate housing units owner -occupied by low to moderate income residents of the City. 3. That should the City fail to be awarded the Grant described herein, this agreement shall be void and of no further force or effect. 4. That obligations under this Agreement are not an indebtedness of the County or City. The respective obligations of each party hereto under this Agreement shall not be an indebtedness within the meaning of any constitutional, statutory, charter or ordinance provision or limitation of any party hereto. Neither of the parties hereto are obligated to pay or cause to be paid any amounts due under this Agreement except in the manner provided herein, and the faith and credit of either party hereto is not pledged to the payment of any amount due under this Agreement. This Agreement shall not require [7000-32810. WPD] either party hereto to levy or pledge any taxes whatsoever for the payment of any amount due under this Agreement. IN WITNESS WHEREOF, the parties have caused the execution of this agreement by their duly authorized officlos'as fo'NW- ,���.,...,,•�+r`�.�';, BOARD OF COUNTY COMNfiSSMNERS OKEECHOBEE COUNTY, •�k&115A QIF B S, CHAA 041 'f)4 tj�,4 �E) r44Y Ifi h } Sharon Robertson, Clerk, Board of County Commissioners By: ATTEST: City Clerk CMC By: CITY OF OKEECHOBEE, FLORIDA Mayor, City of Okeechobee (CORPORATE SEAL) APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY [7000-32810. WPD] 0 EXHIBIT 7 - JUN 15 AGENDA RESOLUTION NO. 99-8 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING RESOLUTION NO.98.10 WHICH ADOPTS REQUIREMENTS FOR INFORMATION AND MATERIALS TO BE SUBMITTED WITH PETITIONS AND APPLICATIONS UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has adopted a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS, such regulations require the creation and implementation of forms, rules and procedures, fee schedule and related information to assist in the implementation of the land development regulations; and WHEREAS, the City determined that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1- APPENDIX B INFORMATION REQUIRED ON APPLICATION FORMS Applicants shall submit the following information required under the appropriate petition heading following, and any additional information as required on the current application form. Information 1 PROOF OF INTEREST IN PROPERTY Proof of interest in property shall be submitted with applications, when required, as follows: Statement of applicant's interest in property. 2 Copy of last warranty deed. 3 Consent of owner to application: a If joint and several ownership, a written consent to application by all owners of record, or, b If a contract purchase, written consent of the selledowner, or c If an authorized agent, a copy of the agency agreement or written consent of owner, or d If a lessee, a copy of the lease agreement and written consent of owner. 4 Corporate entity authorization to application including: a Name of officer or representative responsible for application. b Written proof that the representative is an officer or representative of the corporation. c Written proof that the representative has the delegated authority to represent the corporation on the application. t. y te-be deleted. Page 1 of 5 Information 2 PROPERTY SURVEY AND LOCATION MAP Survey shall be submitted in support of applications, when required, and contain the following: 1 Certified boundary survey of the property, and survey date, surveyor's name, address, phone. 2 Legal description of property pertaining to the application. 3 Computation of total acreage to nearest tenth of an acre. 4 Location sketch of subject property, and surrounding area within one half mile radius. 5 Drawing size: 3-feet -by-2feet , scale not less than 1 inch to 2A6 0 feet, north point. Information 3 PROPERTY OWNER'S LIST A list of surrounding property owners shall be submitted as part of application documentation, when required, as follows: 1 Complete list of all property owners, mailing addresses, and property numbers, for all property within 300 feet of the subject property, as recorded in the latest official tax roll in the County courthouse. 2 Affidavit attesting to completeness and correctness of list. Information 4 STATEMENT OF USE A statement of proposed use shall be submitted in support of applications, when required, containing the following: 1 Statement of special reasons and basis for the request. 2 Intended use, nature of activities and development of property. 3 Existing use of surrounding property. 4 If a temporary use, the time for which the temporary use is requested. Information 5 SUPPLEMENTARY SUPPORTING INFORMATION The following supporting information may be submitted in support of any petition: 1 Factual materials and data, including reports, studies, maps, plans, and photographs. 2 Information and documents requested by the City. Information 6 TABULAR SUMMARY A tabular summary of relevant data indicated on plans shall be submitted in support of applications and requests for approvals when required, containing the following: 1 Zoning district classification; minimum requirements and as provided. 2 Residential lots; by type, density, gross areas, and percentages of total land use. 3 Non-residential land uses; by type, gross areas, and percentages of total land use. Lomquage to be deleted. Page 2 of 5 4 Public areas, reservations, buffers, open spaces, water retention lakes and recreation uses; dimensions, gross areas, and percentages of total land use. Information 7 SITE PLAN A site plan required to be submitted with an application shall comply with the following: Prepared by an architect, engineer, landscape architect or planner, with professional's name address and phone. 2 Drawing size: not mere His 18 kmet by 2 scale not less than 1 inch to -2-- a feet. 3 Survey showing existing features of the property, including buildings, structures, parking, access, easements, significant vegetation, contours and water. 4 Survey showing existing surrounding features within 100 feet of the property, including buildings, structures, easements, access, streets, significant vegetation, contours and water. 5 Plan showing proposed buildings, additions, structures, easements, parking, access, signs, landscaping, contours and water. Information 8 SITE PLAN A site plan required to be submitted with an application shall comply with the following: Statement of Planning Assumptions Statement of major planning assumptions and objectives of development including: a Project description. b Projected residential population, age group and family type. c Projected commercial and industrial activities, number of employees, hours of operation. d Proposed density, by building type and use area. e Proposed ownership type; ownership and maintenance organization for open space and recreation facilities. f Projected sequence of construction phases and development schedule. g Proposed engineering systems: water supply, sanitary waste disposal, storm water retention and outfall, solid waste disposal, emergency services, and utility supplies. 2 Plan Preparation a Prepared by an architect, engineer, landscape architect or planner, with professional's name, address and phone. b Project name, and owner's name. c Drawing size: 3-feet-by 2 #eet ; scale not less than 1 inch to 200 8 feet; north point, dated. d Legal description of property: including section, township, range; location map 3 Existing Conditions Survey showing existing features of the property including: a Boundary dimensions and bearings; existing easements and restrictions to use of property. b Contours at one foot intervals, or elevations at 100 feet grid intervals. c Buildings, structures, easements, streets, access, significant vegetation and water. d Existing land use and zoning districts. e Surrounding adjacent uses, zoning, and physical features within 100 feet of site. Page 3 of 5 4 Proposed Development Plan showing proposed development of the property including: a Proposed buildings, structures, and land use areas, by location, type and size. b Proposed traffic access, circulation, parking and loading spaces, and pedestrian access. c Proposed landscaping features, vegetation to be preserved, water bodies, sign locations. 5 Summary Tabulation on Site Plan Tabular summary indicating relevant data including: a Zoning district classification, existing and proposed. b Residential dwelling units, by type and density. c Building types, coverage, height, gross areas. d Other land uses by acreage and percentage. e Open space, recreation areas, retention lakes, buffers, vegetation preserves. Information 9 ENVIRONMENTAL ANALYSIS Development proposals shall be accompanied by evidence that the following studies either have been completed or are not relevant to the property. Inventories of: Wetlands. 2 Soils posing severe limitations to development. 3 Unique habitat. 4 Endangered species of wildlife and plants. 5 Flood prone areas. Information 10 PUBLIC FACILITY IMPACT ANALYSIS A public facility impact analysis is required to be submitted with applications for development approval and shall contain the following information based upon needs at project build -out. Potable Water Demand Potable water needed, calculated at 114 gallons per capita per day. 2 Wastewater Generated Wastewater generated, calculated at 130 gallons per capita per day. 3 Solid Waste Generated Solid waste generated, calculated at 3 Ibs per capita per day. 4 Stormwater Drainage Stormwater drainage system, designed for a 25 year, 24 hour storm, to South Florida Water Management District requirements, using Federal Emergency Management Association Flood Insurance Rate Maps and City road crown elevations. 5 Recreation Open Space Demand Recreation open space needed, calculated at 3 acres per 1,000 persons. 6 Traffic Generated Traffic generated, using ITE Trip Generation Rate Manual; with Principal arterials LOS - C; and all other roads LOS - D. Page 4 of 5 Information 11 SIGN PLAN A sign plan required shall comply with the following: 1 Sign owner's name, address and phone number. 2 Construction design by an architect, engineer, or sign manufacture, with the designer's name, address and phone number. 3 Construction and erection contractor's name, address, phone number. 4 Drawin size: ; scale not less than 1 inch to -2- feet. 5 Site plan showing location of property. 6 Sign design drawing showing: a Type and design of sign. b Graphic information displayed and color scheme. c Construction details and specifications. d Structural design calculations, prepared by architect, engineer or sign manufacturer. e Lighting details and specifications, if applicable. THAT this resolution shall become effective immediately upon adoption by the City at regular session. INTRODUCED and adopted this 15th day of June .1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney �. to -be -deleted. Page 5 of 5 i M E M O R A N D To: Bonnie Thomas, City Clerk From: Bea Castorina, Building/Zoning Secretary Subject: Proposed Amendments to Resolution No. 98-10 Date: May 17, 1999 U M The City Planners have pointed out an amendment that they recommend should be made to the attached Resolution. This amendment would make all drawing sizes consistent and easier on the applicants. The amendments are as follows and highlighted on the attached copy: Page 2 of 5, Information 2, PROPERTY SURVEY AND LOCATION MAP, Paragraph No. 5 Page 3 of 5, Information 7, SITE PLAN, Paragraph No. 2 Page 3 of 5, Information 8 SITE PLAN, Paragraph No. 2, "c" Page 5 of 5, Information 11 SIGN PLAN, Paragraph No. 4 Their proposal is to change the wording on all of the above to: "Drawing Size: papersize, no less than 11 "x 17" with scale not less than 1 inch to 20 feet." Please put this item before the City Council for approval. Thank you. RESOLUTION NO. 98-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING REQUIREMENTS FOR INFORMATION AND MATERIALS TO BE SUBMITTED WITH PETITIONS AND APPLICATIONS UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE -is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules and procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determined that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1 - APPENDIX B INFORMATION REQUIRED ON APPLICATION FORMS Applicants shall submit the following information required under the appropriate petition heading following, and any additional information as required on the current application form. Information 1 PROOF OF INTEREST IN PROPERTY Proof of interest in property shall be submitted with applications, when required, as follows: 1 Statement of applicant's interest in property. 2 Copy of last warranty deed. 3 Consent of owner to application: a If joint and several ownership, a written consent to application by all owners of record, or, b If a contract purchase, written consent of the seller/owner, or c If an authorized agent, a copy of the agency agreement or written consent of owner, or d If a lessee, a copy of the lease agreement and written consent of owner. 4 Corporate entity authorization to application including: a Name of officer or representative responsible for application. b Written proof that the representative is an officer or representative of the corporation. 11 Page 1 of 5 c Writtenliroof that the representative has theRele ated authority to 9 Y represent the corporation on the application. Information 2 PROPERTY SURVEY AND LOCATION MAP Survey shall be submitted in support of applications, when required, and contain the following: 1 Certified boundary survey of the property, and survey date, surveyor's name, address, phone. 2 Legal description of property pertaining to the application. 3 Computation of total acreage to nearest tenth of an acre. 4 Location sketch of subject property, and surrounding area within one half mile radius. 5 Drawing size: 3 feet by 2 feet, scale not less than 1 inch to 200 feet, north point. Information 3 PROPERTY OWNER'S LIST A list of surrounding property owners shall be submitted as part of application documentation, when required, as follows: 1 Complete list of all property owners, mailing addresses, and property numbers, for all property within 300 feet of the subject property, as recorded in the latest official tax roll in the County courthouse. 2 Affidavit attesting to completeness and correctness of list. Information 4 STATEMENT OF USE A statement of proposed use shall be submitted in support of applications, when required, containing the following: 1 Statement of special reasons and basis for the request. 2 Intended use, nature of activities and development of property. 3 Existing use of surrounding property. 4 If a temporary use, the time for which the temporary use is requested. Information 5 SUPPLEMENTARY SUPPORTING INFORMATION The following supporting information may be submitted in support of any petition: 1 Factual materials and data, including reports, studies, maps, plans, and photographs. 2 Information and documents requested by the City. Information 6 TABULAR SUMMARY A tabular summary of relevant data indicated on plans shall be submitted in support of applications and requests for approvals when required, containing the following: 1 Zoning district classification; minimum requirements and as provided. Page 2 of 5 2 Residential lotRy type, density, gross areas, and ptentages of total land use. 3 Non-residential land uses; by type, gross areas, and percentages of total land use. 4 Public areas, reservations, buffers, open spaces, water retention lakes and recreation uses; dimensions, gross areas, and percentages of total land use. Information 7 SITE PLAN A site plan required to be submitted with an application shall comply with the following: 1 Prepared by an architect, engineer, landscape architect or planner, with professional's name address and phone. 2 Drawing size: not more than 3 feet by 2 feet; scale not less than 1 inch to 2 feet. 3 Survey showing existing features of the property, including buildings, structures, parking, access, easements, significant vegetation, contours and water. 4 Survey showing existing surrounding features within 100 feet of the property, including buildings, structures, easements, access, streets, significant vegetation, contours and water. 5 Plan showing proposed buildings, additions, structures, easements, parking, access, signs, landscaping, contours and water. Information 8 SITE PLAN A site plan required to be submitted with an application shall comply with the following: 1 Statement of Planning Assumptions Statement of major planning assumptions and objectives of development including: a Project description. b Projected residential population, age group and family type. c Projected commercial and industrial activities, number of employees, hours of operation. d Proposed density, by building type and use area. e Proposed ownership type; ownership and maintenance organization for open space and recreation facilities. f Projected sequence of construction phases and development schedule. g Proposed engineering systems: water supply, sanitary waste disposal, storm water retention and outfall, solid waste disposal, emergency services, and utility supplies. 2 Plan Preparation a Prepared by an architect, engineer, landscape architect or planner, with professional's name, address and phone. b Project name, and owner's name. c Dra Ang size: 3 feet by 2 feet; scale not less than 1 inch to 200 feet; north point, date. d Legal description of property: including section, township, range; location map. 3 Existing Conditions Survey showing existing features of the property including: Page 3 of 5 a Bound* dimensions and bearings; exil�lhg easements and restrictions to use of property. b Contours at one foot intervals, or elevations at 100 feet grid intervals. c Buildings, structures, easements, streets, access, significant vegetation and water. d Existing land use and zoning districts. e Surrounding adjacent uses, zoning, and physical features within 100 feet of site. 4 Proposed Development Plan showing proposed development of the property including: a Proposed buildings, structures, and land use areas, by location, type and size. b Proposed traffic access, circulation, parking and loading spaces, and pedestrian access. c Proposed landscaping features, vegetation to be preserved, water bodies, sign locations. 5 Summary Tabulation on Site Plan Tabular summary indicating relevant data including: a Zoning district classification, existing and proposed. b Residential dwelling units, by type and density. c Building types, coverage, height, gross areas. d Other land uses by acreage and percentage. e Open space, recreation areas, retention lakes, buffers, vegetation preserves. Information 9 ENVIRONMENTAL ANALYSIS Development proposals shall be accompanied by evidence that the following studies either have been completed or are not relevant to the property. Inventories of: 1 Wetlands. 2 Soils posing severe limitations to development. 3 Unique habitat. 4 Endangered species of wildlife and plants. 5 Flood prone areas. Information 10 PUBLIC FACILITY IMPACT ANALYSIS A public facility impact analysis is required to be submitted with applications for development approval and shall contain the following information based upon needs at project build -out. 1 Potable Water Demand Potable water needed, calculated at 114 gallons per capita per day. 2 Wastewater Generated Wastewater generated, calculated at 130 gallons per capita per day. 3 Solid Waste Generated Solid waste generated, calculated at 3 Ibs per capita per day. 4 Stormwater Drainage Stormwater drainage system, designed for a 25 year, 24 hour storm, to South Florida Water Management District requirements, using FEMA Flood Insurance Rate Maps and City road crown elevations. Page 4 of 5 5 Recreation An Space Demand Recreation open space needed, calculated at 3 acres per 1,000 persons. 6 Traffic Generated Traffic generated, using ITE Trip Ceneration Rate Manual; witli Principal arterials LOS - C; and all other roads LOS - D. Information 11 SIGN PLAN A sign plan required shall comply with the following: 1 Sign owner's name, address and phone number. 2 Construction design by an architect, engineer, or sign manufacture, with the designer's name, address and phone number. 3 Construction and erection contractor's name, address, phone number. 4 Drawing size: not more than 3 feet by 2 feet; scale not less than 1 inch to 2 feet. 5 Site plan showing location of property. 6 Sign design drawing showing: a Type and design of sign. b Graphic information displayed and color scheme. c Construction details and specifications. d Structural design calculations, prepared by architect, engineer or sign manufacturer. e Lighting details and specifications, if applicable. THAT this resolution shall become effective immediately upon adoption by the City at regular or special public hearing. INTRODUCED and adopted this 6th day of C f ��AT,TEST:, Bonnie S. Thomas, CIVIC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney October , 1998. JamesOEirk, Mayor Page 5 of 5 0 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: y�lJ, bilh 1J ADDRESS: �o�%.� E i ��=� _L,-r-Jt i L►.�es Qkeit.G+be e 1 Ft TELEPHONE: ri ��- S'%- (0 C 00 (HOME) EXHIBIT 8 - JUN 15 AGENDA (Busses) MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE: ( 1" 1, ZQQQ PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. () k{gc.flb �/EGCrt s F,nc /,a4rks ' PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. Rlki.c+ (/Part ® 'ef C- A 4c� r-(64- . 4 r �o L 4e- wCJ1 C-+ PLEASE SU ARIZED PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS. PRESENTATION IS BE MADE, HOW MUCH TIME WILL BE REQUESTED? SIGNED BY' '4w�I/w-� DATE: 05/31/1999 07:07 9417631686 CITY OF OKEECHOBEE PAGE 03 • 0 CITY OF O&ZE.EECHIIBEE 941)763-3372 * Fax 941)763-1686 AGENDA ITEM REQUEST FORM Pl" a nail or bring complotod form to: City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 i11AME: ADDRESS: C-1 T- O R O/,�► 4 e�J� g P�()6� f TELEPHONE: 9 4 f 7 4 3 8 L 7 7 04-6 MEETING: REGULAR SPECIAL D WORKSHOP EXHIBIT 9 - JUN 15 AGENDA '7e3_y5co9 444 '7 (ol (e4t f g kw--t, wrL- 7 3 to f3 - ` 140CWb L. r mu"W") -p uc. =W 6 PLEASE STATE THE ITEM YOU WISHTO HAVE PLACED ON THE CITY COUNCIL AGENDA. oD , 2 r tAT-7 W-3 t _ PLEASE STATE WHAT DEPARTMENT($) YOU HAVE WORKED WITH THUS FAR. �LI� tj �gPTI Al T e,� is t k i i s �n P--t a J F (a-.r PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. W tr W t St-► ri. k_d-m O\ItT- ZO ( F .o t �XA l,_ zva" � U) '�jjd.Ii ODIL oR�-Yr0 L ez A G pa-2- C_v�-PvTea . l j_ r PLeme SUMMAR D PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS. n A T", ct..l \ j , 1p V r 1.; 00 ''`'"f e"r 7V b V�i 0 t- LJ P t t-, b r lu K n P, I ►J ►�, e- n s T #j E Q-t_fJ _t 'r - j C!(Z,Q @_i "w PRESENTAT10N IS E MADE, HOW MU H TIME MALL YE REQUESTED? 5 SIGNED BY: /am""/ DATE: 1 l� OI�Q�0� 9 JUVBNIIM Uu4k -1-6 BATH �_ _ _ _ 10 x 12 OFFICE #4 916" X 1212" OFFICE #3 816" x 12.2" OMCB #2 12 x 10 1 OFFICE #1 12x10 7CE #6 x 12 r CITY OF OKEECHOBEE 55 S. E. 3RD AVENUE OKEECHOBEE, FLORIDA 34974 (941) 763-3372 BUILDING PERMIT APPLICA OWNER/BUILDER: Y CONTRACTOR: xx NAME OF APPLICANT: Mark Troendle ADDRESS: Box 209 CITY: Okeechobee STATE: GENERAL CONTRACTOR- TNT constructim ADDRESS: Box 2QD9 CITY: Okeechobee STATF- CERTIFICATE NO. OR COMP CARD NO. wr PHONE NO. 763-1053 F' ZIP CODE: 34973 PHONE N0i_2 ,j__, n5a RROO45320 ZIP CODF• 34973 SINGLE FAMILY DWELLING (INCLUDING MOBILE HOME SQ FT (LIVING AREA) SQ FT (ENTRY) SQ FT (GARAGE) SQ FT (ADDITION) SQ FT (PATIO) SQ FT (OTHER) TYPE OF CONSTRUCTION: LOT SIZE: DESCRIBE WORK BEING DONE: VALUE OF WORK BEING DONE: � ' ' TIME TO COMPLETE: ADDRESS OF PROJECT: SUBDIVISION: BLOCK: LOT(S)• PARCEL NO.: PROPERTY OWNER - FLOOD ZONE: FLOOD ELEVATION: CURRENT ZONING: LAND USE DESIGNATION - SETBACKS: FRONT LS RS REAR All applications for building plans approval will be accompanied Plans and specifications b Y two sets of MULTI -FAMILY: NUMBER OF LIVING UNITS: NUMBER OF DWELLING BLDGS- NUMBER OF STORIES FOR DWELLING BLDGS: SQUARE FT OF EACH LIVING UNIT: LIVING AREA: GARAGE: PATIO: ENTRY: ADDITIONS: LIST OTHER BLDGS ON PROPERTY, ITS USE AND TOTAL SQUARE FOOTAGE: r' TYPE OF CONSTRUCTION: SIZE OF PROPERTY: DESCRIBE WORK BEING DONE: VALUE OF WORK: $ TIME TO COMPLETE: ADDRESS OF PROJECT: SUBDIV: BLOCK- LOT(S): PARCEL NO: PROPERTY OWNER: FLOOD ZONE: FLOOD ELEVATION: CURRENT ZONING: LAND USE DESC: SETBACKS: FRONT LS RS REAR All applications for building plans approval will be accompanied by two sets of plans and specifications COMMERCIAL & INDUSTRIAL: NUMBER OF BUILDINGS: 1 TOTAL SQ FOOTAGE: g, 000 NUMBER OF STORIES: 1 SQ FT. (ADDITION): TYPE OF CONSTRUCTION: SIZE OF PROPERTY - DESCRIBE WORK BEING DONE: See attached sheet VALUE OF WORK:-$ V s0o• 00 TIME TO COMPLETF• &IfCA4 ADDRESS OF PROJECT: 425 West South Park St, Okeechobee, FL SUBDIV: BLOCK- 166 LOT(S)• 6 3-15-37-35-0010-01660-0060 Berger/Troend PARCEL NO: PROPERTY OWNER: le FLOOD ZONE: FLOOD ELEVATION: CURRENT ZONING: Commercial LAND USE DESC: SETBACKS: FRONT LS RS REAR All applications for building plans approval will be accompanied by three sets of plans and specifications LIST SUB -CONTRACTORS: NAME DDRESS TYPE ELECTRICAL PLUMBING CERT OR COMP OTHER \ Copies of the General Contractor and Sub -Contractor State Certifications, Comp Card, and/or local license, and proof of insurance must accompany application. CHECKLIST FOR PERMIT APPLICATION SUBMITTAL The intent of the City is to be the final permitting agency. Therefore, your permit application must contain the appropriate items listed below. The City will not accept or hold any incomplete application. ITEMS NEEDED Application Proof of Ownership Certification of Compliance with Florida Energy Code Copy of Contract - Exceptions - Owner/ Builder, or Contractor Building for himself. Copies of Permits or Approvals from: Okee Utility Authority Florida DOT , Florida DEP SFWMD Other Building Plans & Specifications to Include: Site plan showing actual setbacks from property of all structures, including location of proposed and existing buildings, septic tank, if any, well, if any, access roads, and septic tank permit with construction authorized by HRS or final approval in case of existing septic tanks, as applicable. Foundation Plan Typical Wail Section Side & Front Elevations Electrical Floor Plan Electrical Panel Schad & Riser and Load Calculations Plumbing Isometric Other PAYMENT OF THE PUBLIC SERVICE FEE IS REQUIRED BEFORE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 'I- I DO HEREBY ACKNOWLEDGE THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 FURTHER ACKNOWLEDGE THE FOLLOWING: • Other permits may be required • Issuance of a permit may be subject to conditions and subject to a time limitation • Issuance of a permit is not authorization to violate public or private restrictions • Failure to comply with applicable regulations may result in withholding future permits • Contractors must be certified by the State of Florida or licensed by Okeechobee County • Failure to record a Notice of Commencement may result in paying twice for Improvements to property. if financing Is obtained, consultation with lender or an attorney before recording the Notice of Commencement is advised • No work has commenced prior to the issuance of a permit(s) • All work will be performed to meet the standards regulating the work • Inspections will be required for the work performed and the City will be notified to perform the inspections before approvals are granted • Work in Right -of -Way: A permit does not authorize construction or installation of any structure or utility above or below the ground, within any right-of-way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work'therein. If such Improvements are necessary, a separate permit for that purpose must be obtained from the applicable governmental agencies. Signature: CITY USE ONLY: DatA- FEES: PLAN REVIEW $ PERMIT $ ��� RADON $ CIR $- REMARKS: r2 `�-� .f-4A r /' � a � _e"0�a�` i SIGNATURE: - - P ' " . ' C7?T'Y OFFICIAL _�� DATE ~ T Construction & Plumbing P. O. Box 2009.Okeechobee, FL 34973 Licensed # RR0045320• 0 RF00SO127 Description of Work: Remove storefront windows along Park St., frame in wall raising windowsill height to five feet, and re -install glass windows. This work is to be per- formed by Smitty's Glass. The exterior of this wall will be wire lath and stucco. This stucco will be painted to match existing painted stucco areas (see attached rendering). The inside if this wall will be drywalled to match existing walls. This framed wall will be 2 x 6, 16" on center, with k" plywood and wire lath outside and k" drywall inside to match existing. Custom Homes and Remodeling • Complete Plumbing Services 0 • • City of Okeechobee U 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932.813/763-3372 June 3, 1999 Robert Bradshaw 55 S.E. 3`d Ave. Okeechobee, Fla. 34972 re: Raulerson building Dear Robert: I have met with Phil Berger and Mark Troendle in reference to their renovation at the-Raulerson building, and as that pertairts to the CDBG grant and downtown renovations., Without an ordinance in place, or historical designation at the present time, I do not believe we can dictate to the owners their plans for the building, which includes removing a twenty foot portion on the South end for additional parking. The owner's agreement with the City does give the council a right to approve the exterior renovations, so that the end result will be compatible with the existing downtown improvements, and I understand the City will look at that at the June 15 meeting. The only interior item we can control is that it meets Federal guidelines for handicapped persons, which is in our ordinance anyway. In the interim, while they await the council meeting to approve the exterior changes, there is no reason to delay issuance of permits to begin interior improvements necessary for their lease agreements with their new tenants. Kindest Regards, John R: Cook City. attorney JRC/rb 0 0 facsimile TRANSMITTAL to: �'hL fax M 71p& y5�q n re: C q Coc, tec j date: pages: �uu a h.n,�ndGe,-0� Yd'U4 ,,,84eoi �O adcL d, ILI % il VA if, From the desk of... Bonnie S. Thomas, CMC City Clerk/Personnel Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 941)763-3372 Fax: 941)763-1686 LAW OFFICES K. 000K 0Ho w5'CH AVBV6, F.ONE (94)07-0297 4 ,)460 9d FAX TRANSMISSION PtEA$E TRANSMIT THE ATTACHED TO-: NAME: C�.Cdt-i Y',e�c�m,bw tiBASE: FAX �,. L/6 7- III YOU DO NOT RECEIVE ALL PAGES, PLEASE PHONE SENDER. TOTAL NUMBER OF PAGES EXCLUDING COVER SHEET: r P e2 JCD&GINEERING ANDRANNING, —_1 1263 E. Las Olas Blvd., Suite 200, Ft. Lauded, FL 33301 P.O. Boat 2147, Ft. Lauderdale. FL. 33,,303 (954) 524 9800, Fax (954) 522-6502 { EXHIBIT 10 - 2$! JuN 15 AGENDA Mr -'Phil Caruans Eu Mht. Official -CRY of Okeechobee `j 56,$E 3rd Avenue Olatechobee, FL 34974 Re: NO, oneRank; 205 N. Pam* Avenue Dear Mr. QWuana: The 2-Vory bank building located .at 205 N. Parrott avenue is currently under oontnsct to be sold. During the due diligence period, it was oascoverrd that " existing ss+lback *W NW 3rd Street is 14-r. n Is my understwWing fast the cum pt code requirernent for the C6D =onirtg distrIct requires a 20' *ont setback and a 0' We tack. It would appear that the front setback would be measured on the sest eidb of ttw,boloinq from the N. Parrott Avenue right-of-%vay lime. Tho mfote, the so back farm NW 3rd Sbw would be considered a side setback, and the buildup Would. be in oompllanch with the toning regulations. The prospective buyer and Volt ponder have requested that we ob*ln vvrltbeh corairmatlon from the City regarding the status of the buldhtg meeting tie betback requirwnta. - if it Is your detemInstion that ttw buliding does enotakh ft file setback area, then we have been mquo:sted to obtain written ccrrifirrnabom from the City OW the Property is either subject to a variance, is grandfathered :or that *0 dbWn a waiver and/or consent from the City which pen Ats the encroachment Into the setback. Please domMer this letler as our written request fO status confirmation from the City. Should you Have any questions, please feel free to,&,p(1;,„ COI VOINgERING AND PLANNING '" Dar'iiel A.1reu, P.E. Prir)dpaiJVlQe President . f Engineering o Planning + Project 9anagement -Abe....... ................. ............... ......_...._.._...................:._y.._, ........?r .. • Board of County Commissioners Okeechobee County September 1, 1998 Mr. Robert Bradshaw, City Administrator City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 BY HAND DELIVERY 09/01/98 24 RE: Improvement of SW qp Avenue Dear Mr. Bradshaw: EXFIIBIT 11 , UN 15 AGENDA =�.�.�_ x ` 1917 0 •. :' �Nto C III NI0 t 304 N.W. 2nd Street, Room 106 OKEECHOBEE, FLORIDA 34972 (941)763-6441 FAX a# (941)`763-9529 Following considerable discussion and debate, the Board of County Commissioners has taken the position that it will not contest the assertion that a one -block segment of SW 2nd Avenue, lying between SW 15th Street and SW 16th Street, remains a public right-of-way despite the City's action in 1952. The County has directed its consultants to observe the segment as such for purposes of developing the site plan for the new library. This direction will require that diagonal parking necessary to accommodate the project be provided within the subject right-of-way. Consequently, this letter shall serve to convey the Board's request that the City include funding in its budget to construct the related street during the 1998-99 fiscal year and that the subject right-of-way be re -opened to traffic upon its completion. If you have any questions or require further information, please don't hesitate to contact me. Sincerely, - -�- c - T"'.) George A. Long County Administrator cc: BOCC David E. Hazellief Gene Woods Clif Betts, Jr District I District 2 District 3 John W. Abney, Sr. Clois J. Harvey George A. Long District 4 District 5 County Administrator EXHIBIT 12 - RESOLUTION NO. 99_ ` uN 15 AGENDA A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT- OF-WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of the Highway Lighting System located on State Road 70, and WHEREAS, the State of Florida Department of Transportation having requested the City of Okeechobee, Florida, to execute and deliver to the State of Florida Department of Transportation a Joint Project Agreement for Highway Lighting, providing for joint responsibilities of the Department and the City, and said request having been duly considered, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, that the Mayor and Clerk be and they are hereby authorized and directed to make, execute and deliver to the Sate of Florida Department of Transportation a Highway Lighting Agreement for the adjustment, relocation, and/or installation of certain lighting system within the Right -of -Way limited of said State Road 70, Section 91070; BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED and ADOPTED by the City Council of the City of Okeechobee, Florida, in regular session, this 15' day of June, 1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Form No. 710-010-73 . 05/89 • Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT HIGHWAY LIGHTING (Municipal) WPI NO. SECTION NO. STATE ROAD COUNTY NAME PAR & JOB NO. FAP NO. 1117186 91070 70 Okeechobee 1 6505 N/A THIS AGREEMENT, made and entered into this 15 th day of June , 192-2-, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY of Okeechobee, a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the CITY by Resolution adopted on June 15, 1999 , has requested the DEPARTMENT to purchase and install a Highway Lighting System on that portion of State Road No. 70 described as N.W. Park Street in Okeechobee, County, Florida. AND WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the lighting system designated by the DEPARTMENT as Job No.91070-6505 , Road No. 70, from 17t.Yh Av to 7th Avenue , which shall call for the adjustment, relocation and/or installation of Highway Lighting facilities along said highway, AND WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT providing for such work, NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The DEPARTMENT agrees to prepare plans and specifications for the work involved, and advertise for bids for the equipment and materials. The decision as to the type and make of equipment purchased will be the DEPARTMENT'S sole responsibility. 2. All of the work on the lighting system is to be done according to the plans and specifications of the DEPARTMENT which plans and specifications are, by reference hereto, made a part hereof. The DEPARTMENT will be responsible for performing the completed installation. 3. The DEPARTMENT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinabove referred to, and will perform the final inspection of the completed project. 4. The CITY agrees that the equipment of the lighting system shall remain the property of the DEPARTMENT, and it is hereby understood and agreed that the CITY shall not, under any condition, remove the equipment which is the subject matter of this Agreement for any reason without permission and written consent of the DEPARTMENT. 5. The CITY further agrees upon completion of the installation, to assume sole responsibility for the maintenance of said lighting system in accordance with the DEPARTMENT'S policies and "Standard Specifications for Highway Lighting". 6. The CITY further agrees to be responsible for the payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. r Form No. 710-010-73 05/89 Page 2 of 2 7. The CITY covenants and agrees that it will indemnify and hold harmless to the extent provided by Florida Statutes 768.28, DEPARTMENT and all of DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by CITY during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither CITY nor any of its sub -contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents or employees. 8. All services and work under the construction contract shall be performed to the satisfaction of the DEPARTMENT'S Director of Construction and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for highway lighting; the prosecution and fulfillment of the services thereunder, and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. MUNICIPALITY: (jitv of Okeechobee (SEAL) BY: TITLE: James E. Kirk, Mavor ATTEST: TITLE: Bonnie S. Thomas, CMC, City Clerk Yl£sL3J=££]�ieocy------------------------------- ,7dbnB.=wry=City=$tnu____________ FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: ATTEST: EXECUTIVE SECRETARY (SEAL) ---------------------- LEGAL REVIEW: DATE: APPROVED BY: ATTORNEY - FDOT BY: DATE: UTILITIES OFFICE CITY OF OKEE EXHIBIT 13 - 941)763-3372 JvN 15 AGENDA CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Deparment: Citv Administrat.inn by Robert Bradshaw MEETING: REGULAR 3 SPECIAL ❑ WORKSHOP ❑ DATE: June 15, 1999 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. The City ' s insurance is now with Public Risk Management of Florida (PRM). ThPir contract requires a representative from the City to their Board of Directors. Please note Section 6.1 attached. PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. Approve Robert Bradshaw to serve as the regular board member and Mavor Kirk to serve as the alternate board member. PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. See attachment. IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? f- THE INTERGOVERNMENTAL COOPERATIVE AGREEMENT (A CONTRACT AND BY-LAWS FOR PUBLIC RISK MANAGEMENT OF FLORIDA) (PRM) AS AMENDED AND RESTATED THROUGH DECEMBER 11, 1998 6.1. The Board. There is hereby established a Board of Directors (sometimeg hereinafter referred to as the "Board") of the Pool. Each Member shall appoint one (1) person to represent that body (the "Representative") on the Board of Directors for a term of one (1) year along with another person to serve as an alternate representative (the "Alternate") when the Representative is unable to carry out that Representative's duties. The Representative and Alternate shall be appointed in writing by the governing body of the Member and copy of written appointment shall be provided to the Pool. Once such appointments are made known to the Pool, the persons appointed shall remain in office until the Pool receives evidence in writing of the appointment of other persons by the Member's governing body. The Representative and Alternate selected must be an employee, independent contractor or elected official of the entity. 6.2. The Chairman and Vice Chairman,. The Board of Directors shall bi-annually select a Chairman and Vice Chairman during the final quarter of each two-year term to serve during the subsequent two-year term. No person may serve as Chairman of the Board of Directors for more than two (2) consecutive full two-year terms. The Chairman shall preside at all meetings of the Board. The Chairman shall vote on all matters that come before the Board. The Chairman shall have such other powers as he may be given from time to time by action of the Board. The Vice -Chairman shall carry out all duties of the Chairman of the Board during the absence or inability of the Chairman to perform such duties and shall carry out such other functions as are assigned from time to time by the Chairman or the Board of Directors. The Board of Directors may from time to time appoint other officers of the Board. .01 6.3. Board Resaonsibilities,. The Board of Directors shall have the responsibility for: (1) hiring of Pool officers, agents, non -clerical employees and independent contractors; (2) setting of compensation for all persons, firms and corporations employed by the Pool; (3) approval of amendments to the Intergovernmental Agreement; (4) approval of the acceptance of new Members and expulsion of Members, except that the approval may be delegated to the Executive Committee under Article 4 above, or by such procedures as are contained in the motion making delegation; (5) approval and amendment of the annual budget of the Pool; (6) approval of the operational procedures developed by the Executive Director; (7) approval of educational and other programs relating to risk reduction; (8) approval of reasonable and necessary loss reduction and prevention procedures which shall be followed by all Members; (9) approval of Annual Payments to the Risk Management Pool for each Member; and (10) termination of the Pool in accordance with this Intergovernmental Agreement. 6.4. Voting. Each Member shall be entitled to one (1) vote on the Board of Directors. Such vote may be cast only by the Representative of the Member or in the Representative's absence by the Alternate. No proxy votes- or absentee votes shall be WE