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1995-06-20CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on June 20, 1995 at 7:00 p.m. B. Invocation offered by Reverend John Hart; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Noel A. Chandler Councilmember Michael G. O'Connor Councilmember Robert Oliver Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea PAGE 1 OF 14 Mayor Kirk called the regular meeting to order on June 20, 1995 at 7:03 p.m. Reverend John Hart offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present D. Motion to dispense with the reading and approve the Summary of Councilmember O'Connor moved to dispense with the reading and approve the Council Action for the regular meeting of June 6, 1995. Summary of Council Action for the regular meeting of June 6, 1995 and the Utility Authority Joint Workshop of May 24, 1995; seconded by Councilmember Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. • • • JUNE 20, 1995 - REGULAR MEETING - PAGE 2 OF 14 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL III Mayor Kirk asked if there were any additions, deferrals or withdrawal of items for OF ITEMS ON TODAY'S AGENDA. tonight's agenda. There were none. E. OPEN PUBLIC HEARING FOR REZONING Consider Petition 95-425-R for a zoning change for property on Block 112 located at N.E. 4th Avenue and N.E. 5th Street from Residential Single Family (RSF) to Heavy Commercial (C-2) - Bill Royce (Exhibit 1). Mayor Kirk opened the public hearing for rezoning at 7:05 p.m. Mayor Kirk announced that a motion for continuance had been submitted by Attorney Burton Connor, and asked Attorney Connor if he would like to address the Council. Attorney Connor advised the Council that he had been retained last Sunday, by a property owner in the area, Mrs. Cecile Fitt, the request for a continuation is to give Attorney Connor time to prepare Mrs. Fitt's request to deny the rezoning in her neighborhood. Mayor Kirk asked if the applicant, Watford, Inc. would like to respond, Mr. John Ed Burdeshaw, representing the applicant addressed the Council stating that he had no problem with the request for continuance. He did point out that the Planning Board had recommended approval for this rezoning and that the Council approved a Future Land Use Map Amendment (from Residential to Commercial) last year on this same property. Attorney Cook advised the Council they could go ahead with the hearing or continue it. Councilmember Watford noted that there were several people in attendance for this public hearing and that it had been advertised, notices sent out, and property owners ready to address the Council on this issue. Councilmember Chandler also suggested that the Council proceed with the hearing. Mayor Kirk opened the floor for discussion concerning the rezoning as applied for by Watford, Inc. Attorney Cook advised that Clerk Thomas would be swearing in anyone addressing the Council, since this is a public hearing on a land issue. 590 JUNE 20 1995 - REGULAR MEETING - PAGE 3 OF 14 �4..... .......::.:..:::::.:.:.:.::.:.::::.::::.::::.::.:::::::...::....... t :..°><' I<> <'<><I <' < > :<_ > _ < < < <>`> <:< . :.<:::»:::::>:::;<......::<.; >>: ':::> <`<' I>'>I <><:: �.I 1� C :ill G....................... ....i.' ti................:............................................................................... v' ... E. PUBLIC HEARING FOR REZONING 1. Consider Petition 95-425-R for a zoning change for property Bill Royce, Planning Director approached the podium and was sworn in by Clerk on Block 112 located at N.E. 4th Avenue and N.E. 5th Street Thomas. Director Royce explained Petition 95-425-R was filed by Watford, Inc. The from Residential Single Family (RSF) to Heavy Commercial request is to change the zoning from Residential Single Family (RSF) to Heavy (C-2) continued. Commercial (C-2). The property is Block 112, City of Okeechobee. It is bounded on the North by Northeast 5th Street, on the West by Northeast 4th Avenue, on the South by Northeast 4th Street, and on the East by Northeast 5th Avenue. It is approximately two acres in size and is vacant except for a single family dwelling located on the South portion of the block. In the block directly East is the existing Watford Trucking business and is zoned C-2. Other surrounding zoning to the North, West and South is RSF. Two blocks further to the West and South, along Highway 441 North and along State Road 70 East, is Commercial zoning. There is also some Residential General zoning one and one-half blocks to the South. The proposed change in zoning is consistent with the Comprehensive Plan Future Land Use Map. The Staff recommends that the City Council grant the rezoning request. The Okeechobee County Planning Board held a public hearing on May 23, 1995 on this request and unanimously recommended that the City Council grant the rezoning request. Attorney Connor asked Director Royce several questions concerning the types of businesses that could operate in a C-2 zoning classification. Citizen Chris Jones questioned Director Royce on the increase in traffic. Director Royce responded that the applicants have said there would not be an increase in traffic or intensity. Mayor Kirk asked if there was anyone present wanting to address the Council. Citizens Marie Mathis, Chris Jones, Sandra Burn, and Cecile Fitt were sworn in and stated various reasons why they were against the rezoning request. 591 JUNE 20, 1995 - REGULAR MEETING - PAGE 4 OF 14 E. PUBLIC HEARING FOR REZONING Consider Petition 95-425-R for a zoning change for property John Ed Burdeshaw, was sworn in, and explained that the purpose of the rezoning is on Block 112 located at N.E. 4th Avenue and N.E. 5th Street to allow Watford Trucking to fence in the block to give them an area to park their from Residential Single Family (RSF) to Heavy Commercial trailers; and that they would plant shrubs on the outside of the fence as a buffer. The (C-2) continued. main flow of traffic would remain as it is. Discussion ensued, after second call for a motion, Councilmember Watford moved to aporove the rezoning request by Watford, Inc. for Petition 95-425-R (City Rezoning No. 86) for Block 112 City of Okeechobee, from RSF to C-2: seconded by Councilmembers Chandler and Oliver. Councilmember Watford commented that Watford Trucking had been in business for forty years in that location and their tract record has a bearing on granting the request. One to two blocks to the North are several industrial type businesses in operation. He also commented that he lives in the area and has a first hand knowledge of the neighborhood and that while the names are the same, he has no financial interest in the business and can vote on issue. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 2. Consider Petition 95-426-R for a zoning change for property Mayor Kirk requested Planning Director Royce come forward to give the Council located at 111 N.E. 2nd Street from Residential General-2 information on Petition 95-426-R for rezoning. (RG-2) to Heavy Commercial (C-2) - Bill Royce (Exhibit 2). Director Royce was sworn in and addressed the Council explaining that Petition 95-426- R was filed by Walpole, Inc. and they are requesting a rezoning from Residential General-2 (RG-2) to Heavy Commercial (C-2). The property is located at 111 Northeast 2nd Street and is Lots 1 and 10 to 12 of Block 141, City of Okeechobee. X X X X X 592 E. PUBLIC HEARING FOR REZONING 2. Consider Petition 95-426-R for a zoning change for property located at 111 N.E. 2nd Street from Residential General-2 (RG-2) to Heavy Commercial (C-2) continued. JUNE 20, 1995 - REGULAR MEETING - PAGE 5 OF 14 On the North of the subject property are molasses storage units. On the South is a building that has been used for various professional or retail uses. To the North of the property is a walk-in health clinic and doctor's office. To the West is a commercial type building containing a real estate office, printing business and professional type offices and a used car lot. To the South is a doughnut shop and another real estate office. To the East is a funeral home. The rezoning request is consistent with the Comprehensive Plan Future Land Use Map. Staff recommends that the City Council grant the request. The Okeechobee County Planning Board held a public hearing concerning the request on May 23, 1995 and unanimously recommended that the City Council grant the rezoning request. Mayor Kirk asked if there was anyone present wanting to address the Council on this rezoning. There were none. Councilmember Watford moved to grant the rezoning request for Petition 95-426-R (City Rezoning #87) by Walpole Inc for Lots 1 10 to 12 of Block 141, City of Okeechobee from RG-2 to C-2• seconded by Councilmembers Chandler and O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING III Mayor Kirk closed the public hearing at 8:02 p.m. 593 JUNE 20, 1995 - REGULAR MEETING - PAGE 6 OF 14 y. NEW BUSINESS 1. Discuss the Utility Authority - Mayor Kirk. Attorney Mike Minton of Dean, Mead and Minton, representing the Okeechobee Utility Authority (OUA) addressed the Council explaining that at the last Council meeting he listed three options concerning the financial issue of the Master Transfer Agreement to the Council on behalf of the OUA, he is again representing the same three options for the Council to act upon. County Commissioner John Abney addressed the Council stating that he wanted to clear up what he said at the last meeting, that the outside consultants hired by the County were also reviewing the Hartman Report regarding the value of City's Utility System. He then gave a copy of the scope of services to the Mayor. Mayor Kirk instructed Clerk Thomas to provide each Councilmember with a copy of it. Mr. Phil Gonot of PMG and Associates who was retained by the Council at the last meeting to review the Hartman Report regarding the value of the City's Utility System distributed his report and went through it with the Council. According to Mr. Gonot's professional conclusion the utility system is valued at $7.6 million. Following lengthy discussion, Mayor Kirk asked Attorney Minton to take Mr. Gonot's report and address any discrepancies through comparison at the next meeting with the Council. There was a discussion concerning general reserve funds on how Hartman addressed these funds in his report and how PMG addressed it in theirs. This may be the area that would clear up the difference in the value amounts. Council agreed to have a special meeting or workshop with QUA staff next week to go over these areas and any others that need addressing. Attorney Minton also explained that a public hearing needed to he held on the Master Transfer Agreement for July 11th. Councilmember Watford moved to set a public hearing date for July 11th at 6:00 p.m., if possible; seconded by Councilmember O'Connor. It was noted that this is the night the City Code Enforcement Board meets and if they have a meeting, the City's public hearing will have to be set for 8 p.m. rather than 6:00 p.m. 594 F. NEW BUSINESS Discuss the Utility Authority continued. RECESS: 2. LDR Citizen's Advisory Committee Update - David Hazellief (Exhibit 3). JUNE 20, 1995 - REGULAR MEETING - PAGE 7 OF 14 Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mr. Ken Crooks representing the OUA addressed the Council on personnel policies listing the major differences between the City's current and proposed handbooks and what is proposed in the form of personnel polices for OUA employees. Mayor Kirk called for a recess at 9:50 p.m. and reconvened the meeting at 9:56 p.m. Mr. David Hazellief, Chairperson of the Land Development Regulation's (LDR's) Citizen Advisory Committee updated the Council on the Committee's progress of going through the proposed LDR's. He further explained that the Committee had invited all property and business owners within the Central Business Overlay Zone to attend their June 26th meeting to go through the LDR's for that specific area in order to have citizen input. He also extended the invitation to the Mayor, Councilmembers and Administrator. Councilmember Watford responded that he thought it was a good idea inviting all the property and business owners to get their input. This item was moved per request of the applicants: Street Closing Application No. 46 was filed by Denny Lindauer. He wants to close 7. Discuss the closing of S.W. 20th Street, between Block 38 Southwest 20th Street from Southwest 3rd Avenue to 4th Avenue. The City Public and 43, First Addition to South Okeechobee, and Blocks 31 Works and Public Utilities Departments will require an easement for the entire width and and 32, Woodland Park - City Clerk (Exhibit 8). length of the road for drainage purposes and maintenance on water and wastewater 11 lines. X X X X X L 595 JUNE 20, 1995 - REGULAR MEETING - PAGE 8 OF 14 F. NEW BUSINESS 7. Discuss the closing of S.W. 20th Street, between Block 38 Mr. Lindauer along with the three other adjoining property owners signed a letter stating and 43, First Addition to South Okeechobee, and Blocks 31 there would be no construction on the road, Mr. Lindauer needs the road closed in order and 32, Woodland Park continued. to close in a cement slab for a carport, currently he cannot do it, due to set back requirements. Councilmember O'Connor moved to instruct Attorney Cook to draft an ordinance closing Southwest 20th Street from Southwest 3rd Avenue to 4th Avenue, as requested by Application No 46 including the easement; seconded by Councilmember Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 3. Discuss the South Regional Lift Station - Tom McGowan Engineer Tom McGowan addressed the Council concerning the regional lift station on (Exhibit 4). Highway 441 South explaining that three of the participants have withdrawn from the project that was presented at the April 18th Council meeting. The participants remaining would only need a six foot wet well and six-inch force main. Engineer McGowan requested the City pay the difference to increase this to an eight foot wet well and eight - inch force main to allow for additional growth in the future. In Exhibit Four is a memorandum by Public Utilities Director Jones recommending the City Council give serious consideration to the request by Engineer McGowan, to agree to the up -sizing of the wet well to eight foot diameter and increase the force main to an 8-inch. But, do not install the gravity line needed to take the McDonald's lift station out of service. F. NEW BUSINESS 3. Discuss the South Regional Lift Station continued JUNE 20, 1995 - REGULAR MEETING - PAGE 9 OF 14 Following lengthy discussion between the Council, Staff and Engineer McGowan, Councilmember Watford moved that we revise the previous agreement (made at the April 18, 1995 Council meeting) and up -size the wet well from six foot diameter to 8 foot and increase the force main from six-inch to eight -inch at a cost of twenty-seven thousand, nine hundred twenty-five dollars ($27.925.00) for the Highway 441 South Regional Lift Station; seconded by Councilmember Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 4. a. Motion to read by title only, and set July 18, 1995 as a Councilmember Watford moved to read by title only and set July 18, 1995 as the public public hearing date, Ordinance No. 678 - City Attorney hearing date, proposed Ordinance No. 678 amending the general employees pension (Exhibit 5). 1 ordinance; seconded by Councilmember Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 678 by title only as follows: "AN ORDINANCE AMENDING ORDINANCE NO. 655 OF THE CITY OF OKEECHOBEE ADOPTING THE CITY OF OKEECHOBEE MUNICIPAL GENERAL EMPLOYEES' PENSION TRUST FUND; PROVIDING FOR AN INCREASE IN EMPLOYEE CONTRIBUTIONS FROM 5% OF SALARY TO 6% OF SALARY; PROVIDING FOR EARLY RETIREMENT AT AGE 55 WITH 10 YEARS OF CREDITED SERVICE; PROVIDING FOR AN INCREASE IN THE BENEFIT ACCRUAL RATE FROM 1.75% TO 2% FOR EACH YEAR OF CREDITED SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." X X X X X X X K4 597 JUNE 20, 1995 - REGULAR MEETING - PAGE 10 OF 14 F. NEW BUSINESS 4. b. Motion to approve the first reading of Ordinance No. 678. III Councilmember O'Connor moved to approve the first reading of proposed Ordinance No. 678; seconded by Councilmember Chandler. Administrator Drago advised that the effective date on page four of the proposed ordinance needs to be amended to September 28, 1995. Councilmember Watford moved to amend the motion to approve the first reading of proposed Ordinance No. 678 to amend the effective date to September 28. 1995, seconded by Councilmember O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD AMENDED MOTION CARRIED. Vote on original motion as amended: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED AS AMENDED. 5. a. Motion to read by title only, and set July 18, 1995 as a Councilmember Watford moved to read by title only, and set July 18, 1995 as a public public hearing date, Ordinance No. 679 - City Attorney hearing date, proposed Ordinance No. 679 amending the Occupational License (Exhibit 6). Ordinance; seconded by Councilmember Chandler. X X X X X X X X X X JULY 20, 1995 - REGULAR MEETING - PAGE 11 OF 14 F. NEW BUSINESS 5. a. Motion to read by title only, and set July 18, 1995 as a Vote on motion is as follows: public hearing date, Ordinance No. 679 continued. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 679 by title only as follows: "AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10 ARTICLE I, SECTION 10-16 TO INCLUDE ADDITIONAL OCCUPATIONAL LICENSE CATEGORIES AND FEES FOR SAME; TO RE -NUMBER OCCUPATIONAL LICENSE CATEGORIES; PROVIDING AN EFFECTIVE DATE." 5. b. Motion to approve the first reading of Ordinance No. 679. Councilmember Watford moved to approve the first reading of proposed Ordinance No. 111 679; seconded by Councilmember O'Connor for discussion. Following brief discussion, Council instructed Finance Director Delorme to provide for the Council a listing of the current occupational license fees beside what is being proposed in order for them to see what and how much the increase is on each license. Attorney Cook updated the Council on this ordinance explaining that it is the result of meetings held by the equity study commission, which is made up of business owners in the City. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X 599 JUNE 20, 1995 - REGULAR MEETING - PAGE 12 OF 14 F. NEW BUSINESS 6. Motion to approve a partial pay request to CenState in the Councilmember Watford moved to approve partial pay request number thirteen to amount of $42,923.70 - Director of Public Utilities (Exhibit 7). CenState Contractors, Inc. for forty-two thousand, nine hundred twenty-three dollars, seventy cents ($42,923.70) as recommended by Engineer Jensen of Reese, Macon and Associates for water distribution system improvements; seconded by Councilmember Oliver. Following brief discussion between Council and Engineer Reese, vote is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 8. Discuss the continuation of Administrator to Council Status Councilmember Oliver moved to continue indefinitely with the Administrator to Council Reports - Councilman Oliver (Exhibit 9). 111 Status Reports since the trial period had ended; seconded by Councilmember Watford. KIRK CHANDLER O'CONNOR OLIVER WATFOR D MOTION CARRIED. 9. Discuss the proposed interlocal agreement for Planning and Attorney Cook advised the Council that in Exhibit Ten is a proposed Interlocal Building Functions - City Attorney (Exhibit 10). Agreement from County Attorney John Cassells wanting to give back some of the planning and development department duties to the City. He has not been able to meet with Attorney Cassells on the proposed agreement and would not recommend Council adopt this one. He will meet with Attorney Cassells within the week and report back to lithe Council. X X X X X X X X X X •11 JUNE 20, 1995 - REGULAR MEETING - PAGE 13 OF 14 F. NEW BUSINESS 9. Discuss the proposed interlocal agreement for Planning and The existing Interlocal Agreement, merging the Planning and Development Departments Building Functions continued. has a stipulation that, amendments to the agreement must be made prior to July 1st. Attorney Cook advised the City Council to extend the stipulated deadline on the existing agreement to August 1st. Attorney Cassells stated, he is going to recommend the same to the County Commissioners. Councilmember Watford moved to extend the deadline on the existinq interlocal agreement merging the planning and development departments (Section 9) to August 1st: seconded by Councilmember O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 10. Discuss Gas Tax - City Attorney (Exhibit 11). Attorney Cook advised the Council that the City had received a three table list of gas tax distribution analysis from County Administrator George Long. He will be attending the next County Commission meeting to see what is going on concerning the gas tax revenues and report back to the Council. Administrator Drago listed several precautions he would want to take due to the impact of the budget, until this issue is resolved. Mayor Kirk also instructed Attorney Cook to look into the dual taxation issue. There was discussion held between Council and County Administrator Long. No official action was taken on this issue at this time. X X X X X JUNE 20, 1995 - REGULAR MEETING - PAGE 14 OF 14 F. NEW BUSINESS 11. Discuss setting a workshop date for the Employee Handbook III Mayor Kirk requested the Council set a workshop to go over the proposed employee - Mayor Kirk. handbook and that he would be representing the employees at this workshop. Adjournment - Mayor Kirk. 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. e r ording of this meeting is on file in the City Clerk's Office.'7 ,, r r es E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Council decided to hold the workshop on Thursday July 20, 1995 at 6:00 p.m. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 11:15 p.m. M. 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CtJJe'u� • i T24A 4w tam I Z- 3l- q4 wrh u) UcLtu). LAX IN AF� ASP -_ SAaf- AJA-4- mo- I• � C�n.00Vao oactnuoneo CQw,c`o ox, TZ[b act. ac6��aa. �c+c.�see„ C.�d bL,ud. / a.ru,ua.Q bona, Ke- e'cI a CV�CLr43 bw- P.e.�.e,�, ? c��a sac, . rems 40- TqR LxlCL���� '14 0. C&K-�) mo �J I• F-r�.aa. lord f1lc C-t�an - w9.n� (�w� Trn ` Up- 4N-�w (�-Q" 4 tut QeA.,..j OP row 6n rlcj,6�) 0 rrz�ua� � ,tip k2y � yo AN ORDINANCE AMEND: THE CITY OF OKEECHOI OKEECHOBEE MUNICIp PENSION TRUST FUN. INCREASE IN EMPLOYEE OF SALARY TO 6% OF EARLY RETIREMENT AT CREDITED SERVICE; PR( IN THE BENEFIT ACCRUE FOR EACH YEAR C PROVIDING FOR SEVER REPEALING ALL ORB HEI RE, WITH AND PROVILD: 60-�C��� .coo -LLL— &l `�3 do Ou-� C�-d coy ?-#�,u CLLL qto Jit 006 7 &al IG ORDINANCE NO. 655 OF ;E ADOPTING THE CITY OF L GENERAL EMPLOYEES' PROVIDING FOR AN -ONTRIBUTIONS FROM 5% ALARY; PROVIDING FOR AGE 55 WITH 10 YEARS OF �MllNG FOR AIN INCREASE RATE FROM 1.75 % TO 2 % CREDITED SERVICE; .BILITY OF PROVISIONS; vANCES IN CONFLICT lG AN EFFECTIVE DATE. ,61 a5a. � n�o.�. 4 ,tica�e -C1Qf-_ Q�s c� pcc�c &acrr� �l �0�7 Q.QL coo, IVY AN ORDINANCE AMENDING 11'11C ORDI LANCE CODE OF '1'IIE CITY OF OICCECII013EE, FL • AMENDING CIIAPTER 10 ARTICLE I SEC'i'IOtl 10-1G '1'O INCLUDE ADDITIONAL OCCUPATIONAL LICEIISE CATEGORIES AND FEES FOR SAME; TO RC UMBER OCCUPATIONALLICENSE CATEGORIES; PROVIDING AN EFI"CTIVE DATE. b. -�- f�� M�� k 0-plaacu-c- Vkc ),v r lit- Cu-�- -v me - 4A-� P,�C , `lp U-co a-LL e0, kau i 0 - I�w fYLWe.el. +o a_pwaue 5fai &�- 4q2, 923. '/O q,� e�:ocu�c� h,Rs� 40Af1t1x i E 0 T5/6 ,2A0/3 Cad Uca2 (Sq- MC) LIP C-6,c, u.�� • /C. Z�'ci �s. sae 754- - �. Odic - pm-C�l , (44- c OUL)L O do LV�2 + C ��cq- ao"Qooa C&,e<'D - I• m cax-fhnct fo i3tt6u, atloa *k � har:d �'tQ-vx- 4-i) lk °10 . i • d m d o W oc 6 N D N W N 0 z� C\l U co o T cc o m � O m � V 12) QLJL. o 19) O rn a, C6 E S U CO CrnCv o 00 0 1.5 U ( U �" a � cQC I U) •cZ N o � o 1 E O 0 N+'�� NQZ N p •�, co 0) p, 4Ci o(13 Wr o �Z Z ,� 'O UJ a aci = W o c o o U a� m o � co cc co 4 0°� o f (x a � r cV Ci �q' r: cV ci th F M. Ics M K c a o a c � a� 4 >, � o o p, W E � ro W o a w ctt z o 0 c � � Q T E Q) y � C U coW U Z O O oi T Q Z�Z GSA �Zy lO� QW aw �ZW 0�= QUi 3v �oz CO) �av W y y hVtoy Z W m 4 V 4 h �VVCL �aLU LU �0j:t Ly �zpV LLI CC T 3 LLI =x�a UQQZ WmW Okeechobee City Council June 20, 1995 Staff Report and Recommendation Petition 95-425-R, Watford, Inc., property owner and applicant. zoning from the existing classification of Residential Single Commercial (C-2). The property is described as Block 112 In t Back 3.,round Request for a change in Family (RSF) to Heavy e City of Okeechobee. The subject property is Block 112 in the City of Okeechobee. It is bounded on the north by N.E. 5th Street, on the west by N.E. 4th Avenue, on the south by N.E. 4th Avenue, and on the east by N.E. 5th Avenue. Across N.E. 5th Avenue to the ewst is the existing Watford Trucking business. To the north of the subject property, across N.E. 5th Street, there are single family dwellings. In addition to the Watford Trucking business, the bloc to the east also supports two single family dwellings. The block to the west of the subject roperty is vacant. In the general area of the subject property are a church, a school, single f roily dwellings and some vacant lots. The Watford Trucking business is located to the east of the subject property, and is zoned Heavy Commercial (C-2). Other surrounding zoning to the north, west and south is Residential Single Family (RSF). Two blocks further to the west and south, along Highway 441 and along S.R. 70, is commercial zoning. There is also some Residential General zoning about one and one-half blocks to the south. The subject property is approximately 88,500 square feet, or ab property is vacant except for a single family dwelling located on block, fronting N.E. 4th Street. Consistency with Land Development Regulations The applicant has indicated that the purpose for the requested provide parking for tractors and trailers. Such a use would be per district, provided that the use is accessory to the permitted permissi on the adjacent block and where that property is under the same c parcel. Although this change in zoning would result in two bloc] surrounded by residential zoning districts, both blocks have been de for commercial development by the city's comprehensive plan. Sty Report end on Okeechobee City Council Pet@km 94.425•R June 20,1995 2 acres in size. The south portion of the change in zoning is to nissible in a C-2 zoning ble use which is located wnership as the subject s zoned C-2 which are signated as appropriate • Consistency with Comprehensive Plan Last year, the city amended the future land use map, so that located in the Commercial future land use classification of the ac County comprehensive plan. The proposed change in zoni. comprehensive plan. Staff Recommendation The proposed change in zoning is consistent with the city's I intended use, provided that it is limited to a use accessory to adjacent block, is also consistent with the proposed zoning distric regulations. Staff recommends that the City Council grant th zoning from Residential Single Family (RSF) to Heavy Comme Planning_Board At the May 23, 1995 Public Hearing, the Okeechobee County Plai recommended that the City Council grant the request for a Residential Single Family (RSF) to Heavy Commercial (C-2). William D. Royce Planning Director saerxe in me �O ���5-R OO"°r�on %- 2% ins • the subject parcel is now lopted City of Okeechobee ng is consistent with the impreiiensive plan. The he permitted use on the and with the city's zoning request for a change in :ial (C-2). wing Board unanimously change in zoning from 7 • I 0 Okeechobee County Planning Board Summary of Meeting May 23, 1995 The Okeechobee County Planning Board/Board of Adjustments and Appeals met in regular session on Tuesday, May 23, 1995 at 7:00 p.m. in the County Commission Meeting Room, Okeechobee County Courthouse, 304 N.W. Second Street, Okeechobee, Florida. Board members present were Chairman Frank Marsocci, Brenda O'Connor, Keith Pearce, Warren Watt, and alternate member Mike Long who was desigin ated as a voting member for this meeting. Board members absent were Jim Burke, Renee flazellief, and John Smith. Also in attendance were John Cassels, County Attorney; Bill Royce, Planning Director; Damian Peduto, Planner; and Vikki Aaron, Secretary. Petition 425-R, Watford, Inc., property owner and applicant. Request for a change In zoning from the existing classification of Residential Single family (RSF) to Heavy Commercial (C-2). Mr. Royce presented the application and described the surrounding properties. Mr. Royce stated the City's future land use classification for this site is commercial which was done through a map amendment to the city's comprehensive plan last ear. The applicant has indicated that the purpose for the requested change in zoning i to provide parking for tractors and trailers. Mr. Royce stated the proposed change in zoning is consistent with the city's comprehensive plan, and that the intended use, provided that it is limited to a use accessory to the permitted use on the adjacent block, is also consistent with the Proposed zoning district and with the city's zoning regulations. Mr. Royce recommended that the Planning Board Single Family (RSF) to Heavy Commercial (C-2). recommend that the City Council grant the request for a change in zoning from Residential Cecil Fitt was recognized by the Board. Ms. Fitt stated she was posed to the rezoning and expressed concern regarding the number of children in the area and the traffic patterns used by Watford Trucking. Sandra Seebach addressed the Board. Ms. Seebach expressed con noise level and the effect this development may have on property Esther Mall stated she was concerned about the increased noise and Mall suggested an alternate traffic pattern be used by Watford Tru Sum Repcut .m ueoae Ion Ohwbobm Chy cmW PeBdon %425-R hme 20. IM with regard to the s in the area. in the area. Ms. 3 0 • Marie Mathis also expressed concern regarding the number of increased traffic. John Burdeshaw was recognized by the Board. Mr. Burdesl stating the business has been located there for almost 50 yea commercial for a long time. Mr. Burdeshaw also assured the B was not getting larger and the amount of traffic would not ii applicant is to enclose the area with a fence to provide parking trailers. in the area and the supported the rezoning and Block 113 has been A that Watford Trucking ease. The intent of the d storage of tractors and Frank Marsocci stated the main issues are safety, noise and decli ing property values. Mr. Marsocci asked if this development would be subject to Site Pla Technical Review. Mr. Royce stated there will be some mechanism to discuss the p with Mr. Watford would be suggested to discuss traffic patterns. Cecil Fitt reiterated her previous concerns. Mike Long made a motion to recommend that the City Councl change in zoning from Residential Single Family (RSF) to Hear motion was seconded by Brenda O'Connor. The motion carried ------------- Stag wd x em,cion Okeechobee Qty oouncll Petidoo 94-4Z-R June 2% IM uses and a meeting grant the request for a Commercial (C•2). The inanimously. 4 O`: u� �OA�• NTi`��. � �„:iiii,'•'?iii?eisii:?E:'iS,'•:'i•'i;?Ei'•i'•iEEii : Adwk :C Q� T� f /1► 71 N BFh C.� p YID•' :COU` NTY • €'s�"'•€s�` E� la' '? . . �R 1 ZnNMIQ.. ;':Sic rtc'`.` �yy ,. :R qs�•: Ok r e9Ctlobe ::i:€:': e•` EC4 0 M H kxtd8: EARINo:€`='s; �8 )3- 63r .5548'::: iiEi: iEEi:;tE::::S;iSE:i:E•: °':i V L�' IC�•1tC': A M' FO•�. 71 NA ME EO OF PROPERTY OWNER(S): Watford, Inc. ' MAILING ADDRESS P. Q $OX 393 Okeechobee, FL 34973 PROPERTY ADORES 403 N. E. Third St. All of block 112 city of Okeechobe NAME OF APPLICANT IF OTHER THAN OWNER (must state relationship): Note: It not Owner or Attorney at Law. Proof of authority must ►e ►rovlded on Form•L-2 HOME TELEPHONE: 813 763-5028 WOgK7ELEPHONE:77, ( 13) 763-4525 : ii DIR ECTIONS . E TI O N a TO PR OPERTY See street address WHAT IS CURRENT USE OF PROPERTY? Residential DESCRIBE IMPROVEMENTS ON PROPERTY (1t none. so elate) One Small frame house. APROXIMATE NUMBER OF ACRES4.06 is PROPERTY PART Of PLATTED SUBDIVISION? Yes ARE THERE ANY DWELLINGS ON THE PROPERTY siha Ulaf- PTame ASJ1A6112 TMC � Vr%1gjf .pO OILY VOYVI ETC.) AND WHETHER THEY ARE OCCUPIED occupied as a rental. IS THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A V OLATION OF COUNTY ORDINANCE? IF $0. DESCRIBE No. • HAVE THERE BEEN ANY � L4kND USE APPLICATIONS CO CERNING ALL OR PART QF Ii ►R ERTILIN THE LAS�,TT Y R F Watford Inc. DESCRIBE DATE. NATURE AND entlAPPLyNT'S Ip.1 Eing to !lave u re an USe c'AIf' ?d on City Comprehensive plan. 14 A SALE SUBJECT TO THIS APPLICATION BEING GRANTED? . NO 16 THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT.LOCATION? IF NOT, DEB RIBETHE REMAINING USE OR OR INTENDED USE We own 'adjacent block 113 BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH Residential SOUTH Residential EAST Commercial wt:aT Residential, but owned by Church of Go i C fit CURRENT CLASS Residential ::::: IRO/OSED ZONING HAT la YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLAsa? arkin CUR GRANTED. WILL THE NE1N ZONE BE CONTIGUOUS WITH A LIKE ZONE? Yes A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE? NO Commercial VARUWCE? NO DESCRIBE THE SPECIAL EXCEPTION SOUGHT: PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Class and excepUen numb**): ARE THERE OTHER aIMULAR USES IN THE AREA, IF SO DESCRIBE: WHY WOULD GRANTING YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA AN RESIDENTS? IF BUSINESS. BRIEFLY DESCRIBE NATURE INCLUDING NUMBER pF EMPLOYEES. HOU i, NOISE GENERATION AND ACTIVITIES TO BE CONDUCTED OUTSIDE OF A BUILDING: I { r 0 DESCRIBE VARIANC E !OUGHT: Mot '••••I DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKE$ VARIANCE NECE !-"iOtD YOU CAUSE Oil CONTt11tUTE TO THE CItAAACTEAItTiC? WHAT 14 THE MINIMUM VARIANCE NECESSARY?— - :i:'::�:: DESCRIBE RULING THAT•.:..:.:.•.•.. YOU ARE APPEALING; WHO MADE DECISION YOU ARE APPEALING? DATE O DECISION: EXPLAIN WHY YOU FEEL DECISION IS IN ERROR. BE SURE TO UST ANY ORDINANCE REFERENCES YOU FEEL SUPPORT YOUR POSITION: DESCRIBE ACTION YOU WISH TAKEN: r • i CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST: ' �E..E: A;l:ll;':rE'a.•MOTi gi 'yF:•a:: �atis .i .ti` E.o::►li.a.ts.:.eni..:?n:.:3..l•:n!e: isBisoaiiradsi/sEst?oEeardeFi:o3e2fiEASFe dl3wtna:.n:.bM.::U,.:S.,.T...h-' a• w• • - apwl"ao Coon ty -Ordl anea Autho rity. Ity., I Ar`Eq'w!y M+t Mw �afon M ff+ta appiae"Is IS em"mt The k�krwr�lfo,r +dar/ b>hir mqum t F�he er ate, Ink"Fa m aiiio t b for uN 01101welsobw County in pom@&V my appinioti � punkhobia by a Srw a(tip b SIIORW ate! �rrpr 0 of br b i0 r du)id d Mis IN JUIY 13, 1994 -'Ems U&N u , t T I M 1 11 ro IT IL I w ,i l;ll 04 C ISM ww" own ow B ©8 ©B IKM ' �� Ea o Ea■ o o ■� o 0 0mcm Q.� ©a ®.■�. ©EM am am v©O WWW um Sm 0 4mm %L MIEN B ©e \\`� Ism OPM multi mw�m 988CH990 " ■©o 0 o Q o� ■ o a ��.a a o iFr o v ■ 08 'Bing �. ■Q � Q.■� �s:� Q v v�v HIM III Ill: 0n�o-�d�C0 CO�i�oO 006�C0 01 ooa�a aaa�o MCI o d sm ■� amwm o� ode E o a sa r� ��■�® o a v a � ■ram o �■ o v ■� 0®Nam Imm oNOW NEW am Eao 00 00 0�0 � o�z■. o® oown a■a-ov s� jwm o�•� Q�v MENiiiiiiiiiiiiiiin _ o oo�oo �o C�Op�0oC0 - ; L1—a I I —A *is 4 3 2 1 La 5 41,31211 11 1 9 5 2 f a 511 4 31 211 1 2 i 411111 4 3. 2. 1 a 543 2 1 65 4,13l I a S 4 3 2 1 IL 2. 1 a 5 4 3 2 1 713 GLu2bject Parcel 1AID SF Ll 3 71 -.2.-. 32 1 ......... 1.11 1815141312 1 FY 7 a 9 Umn ORION M 1. ai-MA"w"11 13[4[ile 1 "1 181 1 1 2 1 . - I SF I-- 2 L43 4 12 $3 14 Is Is 17 Is TV 20 21 22 2=3 ULUI-e J-,allU use 0 1 - Industrial 0 d7:—Com-m--e-rcial IOSF - Single Family *-MF - Mn1 hUt Family *PF -PvjaHaFaeiHties . SF Watford, Inc. Petition 95-425- R ©©Q© E MERE M= MEN OFFICE 813 763-4525 • OP 813 763-6108 Wa11ora. Jrtc. ESTABLISHED 1939 DEALERS IN FEED AND GRAIN July 13, 1994 Okeechobee County Building & Zoning Department 303 N. W. 2nd St. Okeechobee, FL 34972 Gentlemen: v� We are attaching this to our application to have lock 112, City of Okeechobee rezoned for commercial use. In the late 1950's John Ed. Watford bought all of Block 113, and on it he erected his home, another home for his aunt, and the shop for his Tractors and Trailers. That portion of Block 113 occupied by his trucks, trailers and shop is zoned C-II In 1983, he purchased all of Block 112, which is adjacent to Block 113, for future use in his operation. This operation has been in use for nearly 40 years, and all of the surrounding Lando ners purchased their property with the operation already there. Under the City of Okeechobee's comprehensive plan for future land use, the future use for both these blocks is Residential Single Family. This precludes our operation from any further expansion. For this reason, we are filing an Amendment application with the City to request that the future land use be changed to commercial. We are filing on Block 112 and 113 separately. Ac ording to the application the zoning must comply with the proposed land use requested. Block.113 is already commercial, however 112 is not. It is for.this reason that we are requesting this zoning change. We would like to place a chain link fence around tl and use Block 112 to park tractors and trailers. WI to plant shrubbery around the perimeter to shield We need the fence and parking area to prevent the small frame home on the property that we intend remove. Throughout this area are scattered rental I and two churches. Two blocks to the north the zoning and two blocks to the west and south the zoning is le entire area, would be glad it from view. ft. There is a eventually to tomes, duplexes is Industrial, Commercial. MAILING SHOP OFFICE P. O. BOX 393 501 N. E. 4TH STREET 201 S. E. 6TH AVENUE OKEECHOBEE. FL 3ap73 OKEECHOBEE, FL 34972 OKEECHOBEE. FL 34974 • 1910N. JUL ! i! 55 Okeechobee County Building -2- July 13, 1994 And Zoning Department We are a long established business in this community, transporting feed and feed ingredients to local dairies. We cu rently have 30 employees with an annual payroll in 1993 of $850,000.00, and feel that we are a viable part of the economy of Okeec obee. Sincerely, Jeffery S. Watford JSW:cb • Watford, Inc. - addressing items of concern in rezoning. a) The proposed change is contrary to the new City Comprehensive plan, however an application to have this land use changed is being presented to the City of Okeechobee this month. In the application, it states that the zoning would have to be in compliance with our request to have the future land use changed. It appears that this must be done first, or at least at the same time, hecause it stated that we would be informed if this needed to be done. For this reason, we are submitting this now for approval, at least contingent upon the land use change being approved. b) The change would not create an isolated distr ct unrelated to nearby districts, because the block to the east s already zoned commercial, and the block to the west is own d by a Church, probably for future expansion, which would be co ercial. c) The proposed change would materially decre population density, thus potentially reducing the facilities such as schools, utilities, streets, e d) N/A e) Same as (A above) f) N/A ease the future load on public tc. g) The proposed change would not adversely influence living conditions in the neighborhood, as this operation has been in this area long before any of the adjacent land owners purchased their property. h) There would be no increase in the traffic in the neighborhood. The tractor trailers are in the area currently, and there is no traffic congestion. We merely want to park them on this block for safety at night. i) No drainage problem would be created, and none currently exists. j) There would be no reduction in light and air to the adjacent area. k) There would be no effect on property value to adjacent properties. As stated, this operation has been in place many years before current adjacent landowners purchased their property. 1) The proposed change would not be a deterrent to the improvement or development to adjacent properties. m) This would not be a special privilege. n) There are no reasons why the property cannot b used in accord with existing zoning, however it is needed to joi the additional commercial property for the operation to continue. • o) The change is not out of scale with the needs of the neighborhood or the County. p) It comprises a hardship to have the operation split into two locations, and the land was purchased for this reason. • E.2 Okeechobee City Council June 20, 1995 Staff Report and Recommendation Petition # 95-426-R, Walpole, Inc., property owner and applicant. zoning from the existing classification of Residential Genei Commercial (C-2). The property address is 111 N.E. 2nd Street a of Okeechobee. Background Request for a change in al-2 (RG-2) to Heavy rid is located in the City The subject property is located along the corner of N.E. 2nd Stre t and N.E. 2nd Avenue and includes Lots 10, 11 and 12 of Block 141 in the City of Okeechobee. Located on the south portion of the property is a building which has been used for various professional or retail uses. On the north portion of the property are some molasses storage units. The property address is 111 N.E. 2nd Street. To the north of the subject property is a walk-in health clinic and a doctor's office. To the west of the subject property is a commercial building which contains a estate office, a print shop and another professional office. Also west of the subject property is a used car lot. South of the subject property is a doughnut shop and a finance office. All of these areas around the subject property are zoned Commercial (C). The pr perty to the east of the subject property is zoned Residential General-2 (RG-2) and is occ pied by a funeral home. Consistency with Land Development Regulations The applicant has indicated an intent to continue commercial uses on the property. The current zoning district of RG-2 allows for certain professional or service commercial uses, but not retail. The applicant intends to establish a retail gift shop in the building on the south portion of the property. Currently, 8 of the 12 lots in Block 141 are zoned Commercial, with the remaining lots, which are the subject of this petition, zoned RG-2. The requested change in zoning would result in a more consistent zoning pattern by having the entire block zoned for commercial uses. This would also result in a zoning pattern consistent with the existing commercial zoning of the entire blocks located to the north, south and west of the subject parcel. The change in zoning would also allow for conforming commercial use to occur in the existing buildings and structures located on the subject parcel. Stall Report and Rewmmendetian 1 Okeechobee aty Oonacil Petition 94.42&R Jum 2% IM • Consistency with Comprehensive Plan The subject property is located within the Commercial future Ian use classification of the City of Okeechobee Comprehensive Plan. The proposed change i zoning is consistent with the adopted comprehensive plan. Staff Recommendation The proposed change in zoning is consistent with the city's comprehensive plan, and is consistent with the city's zoning regulations. Specifically, the proposed change in zoning would result in a logical pattern of commercial zoning districts, and would allow for conforming commercial uses. Staff recommends that the City Council grant the request for a change in zoning from Residential General-2 (RG-2) to Heavy Commercial (C-2). Planning Board At the May 23, 1995 Public Hearing, the Okeechobee County Pla recommended that the City Council grant the request for a Residential General-2 (RG-2) to Heavy Commercial (C-2). William D. Royce Planning Director SteH Repott W d Recotntnendetion Okeechobee City council Petition 94.426.R June 2D,1995 Board unanimously ;e in zoning from 2 • Okeechobee County Planning Board Summary of Meeting May 23, 1995 The Okeechobee County Planning Board/Board of Adjustments session on Tuesday, May 23, 1995 at 7:00 p.m. in the County C Okeechobee County Courthouse, 304 N.W. Second Street, Oki Board members present were Chairman Frank Marsocci, Brenda Warren Watt, and alternate member Mike Long who was design for this meeting. Board members absent were Jim Burke, Renee I Also in attendance were John Cassels, County Attorney; Bill F Damian Peduto, Planner; and Vikki Aaron, Secretary. Appeals met in regular fission Meeting Room, bee, Florida. rnnor, Keith Pearce, as a voting member fief, and John Smith. Planning Director; Petition #95-426-R, Walpole, Inc., property owner and applicant. Request for a change in zoning from the existing classification of Residential General-2 (RG-2) to Heavy Commercial (C-2). Mr. Royce presented the application and described the surroundi for a change in zoning came to light when there was a request to for a retail shop. The building has been used for various professio applicant has indicated an intent to establish a retail gift shop in stated the requested change in zoning would result in a logical patty districts, and would allow for conforming commercial uses. Mr. I the Planning Board recommend that the City Council grant the zoning. Mr. Royce also stated there have been no comments or le petition. There was no discussion among Board members regarding the properties. The need the existing building I and retail uses. The building. Mr. Royce of commercial zoning ce recommended that luest for a change in -s of opposition to this Keith Pearce made a motion to recommend that the City Council grant the request for a change in zoning from Residential General-2 (RG-2) to Heavy Commercial (C-2). The motion was seconded by Brenda O'Connor. The motion carried animousiv. Staff Repot end Recommendation 3 Okeechobee city coumn Fedtim 94-426.R June 20. 1995 OAT T�E: 11G �U11 . .... ICTION'.;Ei;i;?�i.'ieii?'i�.• .J.:. :; 30✓l.FAM sP �.. :.,.;. . ��yyyy e eec�lob fa'° kof}d8-° 9 8t 3- 7't63r uN:, us``• Es`!i • Pp- U CA••••O• T.i I NAME OF PRO►ERTYOWNER(&): E. E. WALPOLE III, WALPOLE-.INC. MAILING ADDRESS P. 0. BOX 1177 OKEECHOBEE FL 34973 PROPERTYADDRE92 7i N.E. 2ND STREET i NAME OF APPLICANT IF OTHER THAN OWNER musts re ,?5 0010-014 is ( t�R3-1��-r . - . Note: It not Owner of Attorney at Law, proof of authoft must be pfovlded on Form' L-2 HOME TELEPHONE: — — WORK TELEPHONE: 81: DIRECTIONS TO PROPERTY cA71o`: . NCH M�� EIE�� R^� .EC`flilio Fi �RIliO%`' EA it•3 ���— 1C•,411.-12 10-:,ITin+`ti''J —5593 s WHAT IS CURRENT USE OF PROPERTY? RESIDENTIAL DESCRIBE IMPROVEMENTS ON PROPERTY (It none. so .fate) NONE APROXIMATE NUMBER OF ACRES 2 • Is PROPERTY PART OF PLATTED SUBDIVISION7 ARE THERE ANY DWELLING! ON THE PROPERTY, IF 60. STATE NUMBER AND TYPE (CONVENTIONAL. MOBILE HOMES ETC.) AND WHETHER THEY ARE OCCUPIED CONVENTIONAL. Is THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A VIOLATION OF COUNTY ORDINANCE? IF 60. DESCRIBE NO I HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OF THIS PROPERTY IN THE LAST YEAR, IF to. DESCRIBE DATE. NATURE AND AP PIlCANT's NAME NO i& A &ALE SUBJECT TO THIS APPLICATION BEING GRANTED7 NO ! ' Es THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT.LOCATION7 IF NOT. DESCRIBE THE REMAINING USE OR OR INTENDED USE BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH SOUTH DONUT SHOP/SANDWICH SHOP EAST FUNERAL PARLO WEST AUTO DEALER CURRENTZONING CLASS RESIDENTIAL PROPOSED ZONINS C ss COMMERCIAL WHAT Is YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS7 RETAIL IF GRANTED. WILL THE NEW ZONE BE CONTIGUOUS WITH A LIKE ZONE? YES IS A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED U&E? NO VARIANCE? NO 7. .I: O• N7'IN A P. gET ql. . . . . . . . . DESCRIBE THE SPECIAL EXCEPTION SOUGHT: PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Class and exception numb*r).- ARE THERE OTHER SIMULAR USES IN THE AREA. IF 90 DESCRIBE: WHY WOULD GRANTING YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA AND RE8I0ENT47 IF BUSINESS. BRIEFLY DESCRIBE NATURE INCLUDING NUMBER fF EMPLOYEES. HOURS. NOISE GENERATION AND ACTIVITIES TO BE CONDUCTED OUTSIDE OF A BUILDING: r . ............. .. DESCRIBE VARIANCE BOUGHT: DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE NECESSARY: 010 YOU CAUSE OR CONTRIBUTE TO THE CHARACTERISTIC? WHAT 18 THE MINIMUM VARIANCE NECESSARY? D D ES E RULING C Ain ESCRIBE RULING THAT YOU ARE APPEALING: )e DECO MADE H( W WHO MADE DECISION YOU ARE APPEALING? DATE OF DECISION: EXPLAIN LAIN WHY Y4 EXPLAIN WHY YOU FEEL DECISION 18 IN ERROR. BE SURE TO LOOT ANY ORDINANCE REFERENCES YOU FEEL SUPPORT YOU ft POSITION: Youft POSITION: DESCRIBE ACTION YOU WISH TAKEN: CITE SPECIFIC ORDINANCE AUTHORITY Fop YOUR REQUEST: NOTE: Ajl'fsqw*sts to Planning 8~411 Board of Adjua4monfx MUST ham" "Inc* County Or I�ance Authority. .........•. ............ a . . ................ . . I "— aerat vw r. w-n-asm On tvia oppadl" 1. oonaot T?, mquest or "W be Puniallsable by a Arw of up to &%*x'ad 'm 1* 10 for um iy Olummaltob" Courey On pecaftsinq; ffy and O"PW=—ert of UP ft C &VG m Wall On to wAmnwy 4mW of MAYNARD 318.3i OSaORNE Y`"Y .1 ��Ir'1,. 6, 3 1i it -F LEM15 P uwa�n • 10. • „ u HI/E a 7>f t, b � a � . . , X-&JL FEWWTC .7 71 ION L. RE , V, 11 . - 2 494.21 Petition #95-426-R, Walpole 6s4.s z 96 4.9 Y 20.35 �I �Ka,.�all y I , `� r ) i ,., >e ��► I 21 T. o Ix PI AIA IS i e � + GAAOEN! / 9W4 ST. VARY tl YATES 3mm /DST.�i .20 y \ HAMRICK k SONS. INC. Cg OKEE040SEE 36 W ` n HAMRICK k SONS. INC. CONNORS AIRPORT O COUNTY 13.3 � � "� 1 31.52 o W sr 5.0 10 " 11 TRUSTEE OF IS a 26et oA1T „ MAN < 9C RIVER CONKERS ,MA9 t a�9, 11 i COMMUNITY 29tl1 i COLUCE FYOKLAND � 40.0 4n • dxi 1 „ 565.41 Vo 576.14 „ 22t1 N sr. " a� - - - C 20M sr. ll 1m %///// '// HsgAi RI K AtIm 6J�k. CITY CIF 20.o AtJl�r K MN! BEE OKEECHOSEE HAMRICK ! SONS. INC.OKEECH „„ sr. x sL PARK ST._ M 11r. 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WMN i 2 S 3 2I1 •Ia14I3I2I1 aIS {I31211 • • 31211 51514 3 1 61514 312I1 ,.: �-�-• I1`� �I h°I1h Ih'r Ilh°I� ilh�► s ar: i, 7a• ti 7af , 7af n Ts� r,. Tsf t, t. • �.. III i�j1 I I I I I _• -3:- J. 6 S 4 3 2 1 6 S{ 3 2 1 ••6--- -'44 7 8 ! 11 7 8 fh 11 71a ! t Tl l! , 8HER SF 63431211 aS4321 a432.1� (•-SI4SI2I1 !3 •-S • a' . ' 4 71a1f 32 tiS�i32�1, sIa4I32 Z;f 1 +S•.= 9s11 •S�• Subject Par el j � • .2 �T 0.", •s• 6 S 4I3I2 1 �43 aIS 4 3 2I1 T a !�t � ��al•Ia�) TIaI• ti� Ft f S 4I3I2I/ 6 SI4I3I2 1 aIS 4I3 2I1 MF t �' •12 assiis �T;-.l 11 C as ass u ia•ic•ai1 7.ai »' 'i ii;s'>•- ia9 � '.'�•''"" 1 t E457 cF 3 4 3 21 43 321 ... ,,2•� �345211 6S4I3121 4 1 SF ., . _ • 11IEsisiiaitl 71319�12 I /IsE2! a f .1 = =0 1 6a43211 ta7fS413 / i Tlfh t � 'j 0I54321 •l7iI541321 [IIIIIIIII11112193©EIL 1613413161T161.4 1�2SF • I - Industrial •SF - SBsgle Family OMF - Uhxl% i:-Family •PF - P IDHm Facilities AU '" }.yrs,r�ri.� 11.iu• Ar^— SF T 17 F-A Walpole, Inc. Petition 95426-R- i fl,45 • 11 2 1 3 4 s s 7 i 10 f 10 rr 3 3. i 10 f Ili 11 rz S 2 1 3 • _ e e � • 10 s Im SF - -_ :,ii • I� a4+ I�J VVi ECONOMIC, MARKETING AND MANAGEMENT CONSULTANTS EVALUATION OF HARTMAN EPORT REGARDING VALUE OF CITY OF KEECHOBEE UTILITY SYSTEM JUNE 1995 3880 N. W. 2ND COURT • DEERFIELD BEACH, FLORID 33442 (305) 427-5010 • It .99L9 9m, EXECUTIVE SIINNnRY The direction given by the City Council on June 6, 1995 requested a review of the financial aspects of the transfer of the utility system. One of the major concerns of the Council was the prospect of "dueling appraisals" performed by different consultants. It is true that various Real Estate Appraisers could arrive at different values. However, the method proposed by the Hartman report called for use of the "Book Value" method. Under this approach, there should not be a difference in the values since the "Book Value" method is a formal established analysis using Audited Financial Statements. Our analysis did find a significant difference between the established "Book Value" method and the Hartman report. The analyses that led to our conclusions are found in the following sections of this report. The primary reasons for the difference is threefold: o the Hartman report did not use the "B�ok Value" method as it is defined o the Hartman report appeared to misinterpret data supplied to them o certain assumptions made in the anal sis are not correct and not based on empirical data VALUATION METHOD The direction from the City Council was to use the "Book Value" method as defined in accounting terms. This method may be used in determining the value of the system. However, it is not acceptable for Financial Statement purposes. Review of many transfer of asset agreements note that the "Appraisal Method" f r the valuation of the asset is the proper methodology. In discussions with the City's Auditors, they confirmed that they consider an appraisal performed on the system to be mandatory before they can address the transfer in the Financial Statements. It is our fiduciary responsibility as your consultant to inform the City Council that the Appraisal Method would be the preferred approach to answering the question of the value of both the City of Okeechobee system and the Okeechobee Beach Water Association system. i PEE@ amaciaf&4 9ncc This report examines several questions regarding the valuation of the City Utility system. The results of ur analysis is as follows: o The estimate of the "Book Value" of $6 million for the City of Okeechobee utility system as expressed in the Hartman report is not correct and significantly undervalued. The value of the system using the "Book Value" method is $7.6 million. o The estimate of the "Book Value" of $3 million for the Okeechobee Beach water Association utility system as expressed in the Hartman report is r asonable. There are slight differences between the "Book Value" approach and the Hartman analysis. However, these differences are not material. o City customers are treated in exactly- the same manner as all other customers of the proposed Authority. No provisions are made to compensate the City residents for their previous support of the systen beyond the normal payment of rates and charges. o The monies that will be used to reimburse the City for the additional value of the system will be raised from all Authority customers. Residents of the City of Okeechobee will be required to rei urse themselves for the system that they currently own under either the Cash Payment or the Note Receivable meth d. o The proposed Authority will result in an increase in rates for City residents. The increase will be based on consumption and will be a minimum of 10% with the average customer realizing a 24% increase. o There are several options to resol value proposed by the Hartman repo of the system. These options inc1L all or a portion of the cash and in the system. VALUATION RESULTS Results of the proper use of the "Book Value" the accompanying Schedules. Schedule 1 identif as of the last official Audited Financial entity. Schedule 2 gives a projected "Book approved approach for September 30, 1995. the differences in and the true value the City retaining !stments existing in method are found in ies the "Book Value" Statement for each lalue" based on the Schedule 1 Okeechobee Utility Authority Audited Balance Sheet Book Val City Of Okeechobee OBWA Rings Bay (9/30/94) ( 2/31/94) (12/31/94 Fixed Assets 23,282,155 1966,160 50,000 Less Depreciation 4,564,230 792,265 12,500 NET FIXED ASSETS $181717,925 $ ,173,895 $37,500 Other Assets Cash & Investments 3,301,919 392,044 26,523 Customer Deposits 373,063 920,621 2,779 Receivable 265,249 55,422 788 Rings Bay Loan 0 60,000 0 All Other Assets 432,482 24,962 0 Subtotal Other Assets 4,372,713 625,049 30,090 TOTAL ASSETS $23,090,638 $ ,798,944 $67,590 Liabilities Long Term Debt 14,496,688 0 60,000 Costomer Deposits 373,063 93,311 20,736 Accounts Payable 387,954 83,449 3,075 Other 290,370 12,295 0 TOTAL LIABILITIES $15,548,075 1$189,055 $65,811 EQUITY/BOOR VALUE $7,542,563 SOURCE: Audited Financial Statements, City of Okeechobee Beach Water Association & $$,609,889 $1,779 aavaicc , Bay Water Comp. 0 • • Schedule 2 Okeechobee Utility Authority Projected Balance Sheet Book V (9/30/95) Fixed Assets Less Depreciation NET FIXED ASSETS Other Assets Impr. & Replmt Fund Debt Reserve Sinking Fund Revenue Funds Customer Deposits Receivable Rings Bay Loan All Other Assets Subtotal Other Assets TOTAL ASSETS Liabilities Long Term Debt Customer Deposits Accounts Payable Other TOTAL LIABILITIES EQUITY/BOOK VALUE City Of Okeechobee 24,406,153 51100,225 $19,305,928 304,000 512,000 300,000 11023,000 387,000 275,000 0 399,000 3,200,000 $221505,928 14,371,688 387,000 150,000 0 $14,908,688. $7,597,240 SOURCE: Finance Department -City of Okeechobee, Statements City of Okeechobee, Okeechc Association & Kings Bay Water Company, OBWA Rings Bay , ivv, . ww .iv, vvv 832,632 13,500 $ 1133,528 $36,500 0 0 0 0 0 0 589,000 29,000 93,000 31000 60,000 1,000 60,000 0 20,000 0 822,000 33,000 $ ,955,528 $69,500 0 60,000 93,000 3,000 60,000 3,000 11,000 0 $164,000 $66,000 $ ,791,528 $3,500 Audited Financial eo Beach Water P G Associates, Inc. • It .991@ 9,� TABLE OF CONTE Value of City of Okeechobee ....... Utility System Value of Okeechobee Beach and ....................... Kings Bay Utility Systems Section 1 Section 2 Equity of Rates ....... Section 3 City Reimbursement ....... Section 4 Rate Comparison - City Customers ....... Section 5 Potential Solutions ....... Section 6 . C 0 .991@ &Aaci-" Ana LISTING OF SCHEDULES AND EXHIBITS Schedule 1...............Okeechobee Utility A thority Audited Balance Book Value (1994) Schedule 2...............Okeechobee Utility A thority Projected Balance Sheet Book Value (1995) Exhibit A................City of Okeechobee, Uility Balance Sheet (9/30/94) Exhibit B................Capital Expenditures FY 94-95, To Date Exhibit C ................City of Okeechobee F Period Ending 4/30/9 Exhibit D ................City of Okeechobee D (1992 Bonds) Exhibit E ................City of Okeechobee P Operating Fund Reven Summary & Detail Pag Exhibit F ................City of Okeechobee, L Statement, year ende Exhibit G ................City of Okeechobee F Period Ending 9/30/9 Position Report Service Schedule is Utility 536 and Expenditures ility System Income 9/30/94 Position Report Exhibit H................City of Okeechobee, Notes to Allocation Of Fixed Assets (9/3 /94) Exhibit I................Okeechobee Beach Water Association, Inc. Audited Balance Sheets (12/31/94) Exhibit J................Kings Bay Water Co. Audited Balance Sheets (12/31/94) Exhibit K................Sources of Contributed Capital, City of Okeechobee Utility System, 9/30/94 991@ gne'. SECTION 1 VALUE OF CITY OF 01M UTILITY SYSTEM As directed by the City Council on June 6, 19 5, PMG Associates, Inc. has evaluated the City of Okeechobee Utility System using the "Book Value" approach. This analysis is designed to determine the net worth of the system for possible transfer to the newly created Utility Authority. It is the professional opinion of PMG AsSOCi2 proper method to use in valuing the util "Appraisal Method". This method identifies the of the system. In addition, the Appraisal Meth value the Okeechobee Beach Water Association important to note that the "Book Value" app reduced value for the City of Okeechobee. BOOK VALUE This term refers to the net worth of the system Balance Sheet contained in the Audited Financi4 City of Okeechobee. Book Value is defined as t Assets of the system less the total sum of the ] also be defined as the Equity of the system. accounting term with a specific and formal calculation which was followed in this stu included in this section will be performed usinc Accounting Principles (GAAP) and Generally Standards (GARS) as defined by the Financial A Board, a national policy and regulatory commi the authority on accounting matters. RECENT AUDIT REPORTS The latest audited Financial Statement for the is dated September 30, 1994. This report ma 1993/1994 Fiscal Year and includes all activit that date. The "Audit" is performed by an in Public Accountant firm who must follow exacti Exhibit A). The equity portion of the Bali Utility System as of September 30, 1994, which "book value", is listed as $7,542,563. (See Sc PROJECTED BOOK VALUE tes, Inc. that the ty system is the true "market value" d should be used to ystem. It is also oach results in a 3s expressed by the L Statements of the ie total sum of the iabilities. It may Book Value is an iethodology in its ,y. All analyses Generally Accepted Accepted Auditing counting Standards sion designated as City of Okeechobee ks the end of the es completed as of ependent Certified ig procedures (See ace Sheet for the corresponds to the edule 1) To project "Book Value" it is necessary to estimate the results of operations for the time frame between the last Financial Statements and the desired valuation date. For this analysis, we have projected the "Book Value" as of September 30, 1995, the prospective date of the transfer of the system • The methodology used was to examine the Statements of the City and estimate the remainder of the year. Statements are availabl April 30, 1995, which represents seven months o Year. In addition, information from the engi was used to determine the expenditures for tl year. The Balance Sheet items are included below alon of the changes made to the September 30, 1994 Fir Fixed Assets: All expenses of the utility for that have been incurred for 1994/1995, as of September 30, added to the official Balance provided by the auditors for Se This figure is $893,998 and has the City's Finance Department. id -term Financial tivities for the for the City dated the current Fiscal :eying consultants remainder of the with a description ancial Statements. ystem improvements the Fiscal Year 1995, have been Sheet amount as ptember 30, 1994. been provided by (see Exhibit B) In addition, the estimate of the improvements to be completed before the end of the Fiscal Year was also included. This figure is $230,000 and represents the completion of wo k already begun. To insure accuracy, we have incl ded another year's worth of depreciation for the system. Receivables: The amounts listed in the last ew years were used as a guide for this estimate. Sinking Fund: In the first seven months of thi Fiscal Year, over $338,000 have been added to the Sinking Fund. A payment to the bond agent is die currently which will reduce this amount. For the last five months of the Fiscal Year, it is estinated that another $300,000 will be added. (See Ex4ibit C) Debt Reserve: As of April 30, 1995 this account held $511,354. For this analysis, it is estimated that the account will be $512,000 on September 30, 1995. (See Exhibit C) Deposits: The current amount in this accou t is $387,000, the figure used in this analysis. Revenue Fund: In the first seven months of Ithis Fiscal Year, approximately $182,000 has positive operations. In the estimate is another $130,000. year is appropriate based on Income from the past several y en added due to :t five months, the the figure for the revenues and Net :s. (See Exhibit C) 9 JI @ l.L6eaciafeey gnec Other Funds: As of April 30, 1994, t e balance in the construction and improvement accounts is $534,000. As stated earlier, another $230,000 will be expended reducing the estimate for September 30, 1995 to $304,000. Other Assets: Prepaid expenses are amortiz d each year on the Balance Sheet. The figure fo September 30, 1994 was reduced by another yea 's amortization to arrive at an amount for Sept er 30, 1995. Debt: The outstanding bonds are reduced by the annual principal payment ending July 1995 of $125,000. (See Exhibit D) Pavables: The amounts listed in the last few years were used as a guide for this estimate. The projected Book Value of the City of Okeec obee Utility System for September 30, 1995 is $7,597,240. (See S hedule 2) DIFFERENCES WITH THE HARTMAN REPORT ,The September 30, 1995 estimate differs sig�iificantly from the Hartman estimate for three basic reasons. First, the Hartman analysis was not completed using Generally Accepted Accounting Principals (GAAP) and does not represent true "Book Value". His methodology cannot be represented as determining the net worth of the system. Second, the Hartman analysis was based on ikisinterpretation of documents provided to him. Of particular importance was an understatement of the Fixed Asset amount of September 30, 1994 and the projected Net Income for Fiscal Year 1994 1995. Third, assumptions were used in certain areas 4hat are not based on actual performance. Most notably is the ass ption that the Bond Sinking Fund will have a zero balance on Septozber 30, 1995. Specific areas of differences are noted below Fixed Assets: . The figure used in the Hartman report was taken from a Depreciation Report dated September 30, 1994. However, this report did not include Work -In -Progress of $614,593 as of that date. Work -In - Progress is the amount paid for construction of facilities that were not completed as of the Balance Sheet date. It is incorrect to depreciate any item if it is not completed. The audited amount of $18,717,925 (net of depreciation) is the ap ropriate amount for September 30, 1994. (See Exhibit A) 9 1@ 9n4l In addition, the Hartman report did not inc ude work completed during the current Fiscal Year. On September 30, 1995, the City will realize the Work -In -Progress from both FY 1993/1994 a Net Income: The Hartman report included a figure for a re Earnings of $368,200 in the current Fiscal Yi that the current rate structure had to be statement is based on review of the Utility Bu< 1994/1995. Examination of the same documen information relied on by the Hartman report wa Changes in Retained Earnings are a function o the system. Budgeted amounts are unacceptable "Book Value" approach because they are unaudit as to the outcome of performance. Net Income Earnings is based on the Operating Revenues i Expenses. In the FY 1994/1995 Budget, the 3 expeneses by $137,800. Instead of a reds Earnings, there should be an increase shown o: 1995 Financial Statements. (See Exhibit E) e total effect of FY 1994/1995. uction in Retained it and a statement subsidized. This jet for Fiscal Year reveals that the misinterpreted. the Net Income of in analysis of the d and only a guess affecting Retained inus the Operating :venues exceed the -tion in Retained the September 30, Examination of the Net Income as establish d by the Audited Financial Statements also note a figure of $328 843 for Fiscal Year 1993/1994. Budgeted estimates are usually lower than the audited "Net Income". (See Exhibit F) Based on performance as of April 30, 1995, the tility System will likely have an audited "Net Income" of over $300,000 for the current Fiscal Year. At present, revenues are igher than expected and expenses have been less than expected. Sinking Fund: The Hartman report assumes that the balance in zero at the close of operations on September 30 the fund will hold at least $300,000. At thi Fiscal Year, this account totaled $472,740. Th analysis by PMG Associates is very conservatiN Allowance for Capacity Fees: The Hartman report treats this item as if the Customer Deposits. However, these monies do nc to return the amounts when the customer ] Customer deposits are carried as both an Ass because they: must be returned if the ci requirements set by the system. No such requ: the Capacity Fees. its account will be 1995. In reality, close of the last figure used in the . (See Exhibit G) y were the same as t carry a liability eaves the system. :t and a Liability ztomer meets all ,rement exists with • I• 991@ 9n 4l OTHER CONSIDERATIONS The Transfer Agreement includes the land Treatment Plants owned by the City System. that is not included in the Financial Staten System. Instead the land is owned by the Cit'. as an asset of the General Fund. (See Exhibit of the system, established at $7.6 million value of the land. that contains the ?he land is an asset :nts for the Utility and is on the books H) The "Book Value" ,oes not include the It was not possible to determine the value cif the land for this analysis and no figure is included. ACCOUNTING TREATMENT To determine the proper accounting treatme t of this transfer several Accounting Manuals were referenced and the Independent Auditors of the City interviewed. The actual treatment will depend on the final analysis of the Balance Sheet, Adjusting Entries and Income Statement. However, the Auditors must make extensive Notes To The Financial Statements that identify the entire transaction. One of the items to be noted is the Equity am3unt as shown in the Balance Sheet. The procedures used in determining the exact amount will follow the methodology used in the Projected Book Value found in this section. It is clear that the Equity amount will bE close to .the $7.6 million identified earlier. The next issue i how to disclose the difference between the Equity amount of $7.6 million and the Hartman valuation of $6 million. Two possible solutions may exist, either (1) show a Loss Due to Sale or Transfer of an Asset of $1.6 million o (2) show the amount donated to the Authority to be $4.6 million instead of $3 million. In either scenario, it will be required for the City of Okeechobee to disclose that the utility system was trans erred for less than its "Book Value". .991@ Awl EXHIBIT A CITY OF Ox$aCHOB8$ UTILITY RALANCB SBBBT SBPTMMZR 30, 1994 ASSETS: Cash $ 710,679 Receivables 255,117 less allowance of $49,572 Due from other funds 3,358 Restricted Assets: Cash 1,260,784 Investments 1,703,519 Accrued Interest 6,774 Fixed Assets (net of depreciation) 18,717,925 Unamortized Bond Expenses 432,482 TOTAL ASSETS $23,090,638 LIABILITIES: Accounts Payable $ 81,914 Accrued Liabilities 38,372 Payable from Restricted Assets: Accounts Payable 306,040 Customer Deposits 373,063 Accrued Interest on Bond Payable 251,998 Long -Term Debt 14,496,688 TOTAL LIABILITIES 1 $15,548,075 FUND EQUITY: Contributed Capital $ 5,752,536 Retained Earnings: Retirement 732,034 Unreserved 1,957,993 TOTAL FUND EQUITY 1 $ 7,542,563 TOTAL LIABILITIES AND FUND EQUITY $23,090,638 • • EXHIBIT B CAPITAL EXPENDITUR FY 94-95 TO DATE Cen State $404,822 Cen State $254,601 Spragle $125,900 Trio $ 27,500 HCE $ 76,250 HCE $ 4,925 TOTAL $893,998 Anticipated additional expeditures before end of FY are estimated to be approximately $230,000. All figures supplied by City from their record. SOURCE: City Finance Department ' • EXHIBIT C • 0L63—CC44TE 4/30/95 --_ ---.—^ PERICW. 07. FLIM POSITION REPORT CM OF OKEECHOBEE—PUBLIC PERIOD ENDING Y/30/9£ PAGE ILITIE3. ,/rc7 DE15-CRIPTION END OF MONTH Lo".) . QPER/ MNINT - BARNETT SK 192J828.60 s92, sus. eo STATE: BOARD OF AGM G /MAINT 499,727.28 1 CD BARNETT-04.�,9i39426 5/95 1001000,00 CC+ BARNETT•-04898936i 5; 9: 1001000.00 DEPOSIT FUND - f3ARidr T 8t: r STATE BOARD 4F ADM C F FUND 3601000.00 PU8 UTI!_ G.T3T SEF_V. L 986.06 5 Ay/co 7> 5+ATE BOARD OF ADM C' 8T 5'JC 337,334.28 /Per�rre -.�1-�rY FIRST UNIO'r-1 8%53 GET SVC 51i, 35't.06 iM BOND COUPONCOUPON MA INE NP'T. 2 5.50- ! BqV� %7r� /9'Y�ikO�� .._ _ -F.in�T .UPJIr.i•i G?'35-FE J?izVS: 33i,415.05 _ . J �Mwd C�> Fl18 UTi: I 'PROVe P.EPLA��E �o,ial:9a -ST BOARD OF W:'+M I!4P Q4' &!'TEFL 11�,434.77 . • C�> W.W. G]_LE-�CTION--BIG LAiZ-596-6 7,548.07 LJi3>_ WA TREATPLT C-GIG 'KE-59=-8 .13 f59�\ Il J .4::. W. T�'r.= HT-PLT,_Oh-B G Ltt 5974 531979.3 rs� W::TER GIST Sl''3N cOt, FUND 9C_3 • EXHIBIT D • notice or defect in the notice or in the mailing thereof will not affect the validity of the redemption of the 1992 Bonds for which Notice was duly mailed in accordance with the Bond Resolution. Effect of Calling for Redemption Interest shall cease to accrue on the redemption date on any 1992 Bond duly called for prior redemption if payment thereof has been duly provided for by deposit of moneys with the Paying Agent, and such 1992 Bonds will cease to be entitled to any benefits or security under the Bond Resolution and to be deemed Outstanding under the Bond Resolution excep to receive payment of the redemption price. DEBT SERVICE SCHEDULE The following table sets forth the d�onds. bt service payments on the Outstanding Parity Bonds and the 1992 Debt Bond Year Service on / tndinb Outstanding July 1 Bonds 1992 Bonds / A6grabate Total Debt Principal Interest Debt Ssr ice Service 1993 S 650.691.63 S 8 55,778.33 S 5.77 .33 1 106,669.96 1994 853.698.75 334,670.00 3:1. .00 1.188.368.75 1995 852.535.00 125.000.00 334,670.00 459.67 .00 1.187.205.00 1996 $55,376.25 130,000.00 329.795.00 459,79 .00 1.185.171.25 1997 856.996.25 135.000.00 324.335.00 459,33 .00 1.181.331.25 1998 857,358.75 140,000.00 318.192.50 450.19 .50 1.175.551.25 1999 $51.631.25 145,000.00 311.402.50 456,40 .50 1.263.033.75 2000 854,583.75 155,000.00 304.007.50 459.00 .50 1.158.571.25 2001 851.020.00 165,000.00 295.792.50 460.79 .50 1.146.812.50 2002 851.017.50 170,000.00 286.800.00 456.80 .00 1.137.817.50 2003 849.303.75 160.000.00 276.175.00 456.17 .00 1.125.476.75 2004 850,791.25 195.000.00 264.925.00 459.92 .00 1.115.716.25 2005 850,072.50 205.000.00 252.737.50 457,73 .50 1.102,810.00 2006 847.165.00 220.000.00 239.925.00 459.92 .00 1.087.090.00 2007 847.223.75 230.000.00 226.175.00 458,17 .00 1.073.390.75 2008 849.749.38 245.000.00 211,800.00 456.80 .00 1,061.549.38 2009 844,732.50 260.000.00 196.487.50 458.48 .50 1,041.220.00 2010 847.059.30 280.000.00 180.237.50 460.23 .50 1.027.296.88 2011 841,550.00 295.000.00 162.737.50. 457.73 .50 1.004.287.50 2012 838.237.50 315.000.00 144.300.00 459,30 .00 982.537.50 2013 $41.550.00 335.000.00 123,825.00 458,82 .00 965.375.00 2014 $36.309.38 355.000.00 102,050.00 457.05 .00 938.359.38 2015 808.387.50 380.000.00 78,975.00 458,97 .00 887,302.50 2016 421.659.38 405.000.00 54,275.00 459,27 .00 475.934.38 2017 420.948.88 430.000.00 27.950.00 457.95 .00 448.896.88 Total $20,129,827.28-35,495.000.00 $5.438.015.33 $1 wj $25.567.845.61 .991@ &nCcd"y Anne, EXHIBIT E 536 Operating Fund Revenues and Expenditures Revenues: Private Fire Protection Service Fee Water/Sewer User Fee Water/Sewer Connection Fee Delinquent User Fee Public Fire Protection Service Fee Water/Sewer Motor Fuel Tax Rebate Investment Interest Surplus Property Miscellaneous Refund Prior Year Expd. TOTAL REVENUES AVAILABLE Expenditures: Operating Expenditures Net Operating Income: $ 16,000 1,800,000 45,000 45,000 13,200 650 35,000 0 35,000 0 $1,989,850 $1,852,050 $ 137,800 • PROGRAM: 536 PUBLIC UTILITIES SERVICES LINE ITEM DETAIL EXHIBIT 1992-93 1993-9 1993-94 1994-95 ACTUAL 11UDt:E1' ESTIMATE PROPOSED PERSONNEL COSTS: 1100 Executive Salaries 11,846. 37,000. 14,088. 37,000. 1200 Regular Salaries 442, 713. 527, 000. 493, 880. 549, 000. 1201 I Ioiiday Pay 3,126. 4,000. 3,582. 4,000. 1300 011tcr Pay (On Call) 4, 183. 5, 000. 4,627. 5,000. 1400 Overtime Pay 41,472. 40,000. 56,274. 40,000. 1510 Lougcvity/Service Incentive 12,600. 15,600. 15,800. 17,100. 2100 F.I.C.A. 39,467. 48,090. 45,001. 49,890. 2200 Retirement 4,471. 5,950. 5,080. 5,860. 2300 Life & IIcaltlt Insurance 48,434. 54,000. �43,728. 54,000. 2400 Woiktttan's Compensation 15,807. 23,000. 29,613. 30,000. 2500 Unemployment Compensation -0- 100. -0- 100. Total Personnel Costs 6241119. 759, 740. 711, 673 . 791, 950. SUPPLIES AND OTHER SERVICES: 3100 Professional Services 132,617. 100, 000. 136, 661. 120, 000. 3200 Acc:ounting/Audi(ing 16,521. 18,000. 17,000. 20,000. 3400 Oilier Contractural Sam 87,661. 86,000. 90,000. 90,000. 41100 'l'ravcl and Per Dicm 3,327. - 5,000. 4,000. 5,000. 4100 Comm. and Freight Serv. 17,883. 19,000. 18,023. 21,000. 300 Uldilics 151,401. 150,000. 147,863. 165,000. 4400 Rcutals/Leases 2,19 k. 3,000. 3,200. 3,000. 4500 Insurance 61,846. 70,000. 65,048. 75,000. 4600 It & M Vehicles 3,338. 3,000. 9,405. 6,000. 4601 it & M Water Plant 62,934. 75,000. 40,971. 70,000. 4602 It & M Sewer Plant 47,504. 45,000. 83,408. 50,000. 4604 It & M Sewer Coll. Sys. 15,518. 20,000. 8,167. 15,000. 4605 it & M Lift Station 23,029. 25,000. 39,349. 25,000. 4606 R & M Water Dist. Sys. 5,582. 20,000. 21,042. 20,000. 4609 It & M Ilidg./Equip. 11,864. 10,000. 12,487. 10,000. 4900 Other Current Charges 2,411. 3,000. -0- 3,000. 4901 Education 4,816. 5,000. 2,567. 4,000. 4908 Cash Short/Over 25. 100. 25. 100. 4909 Miscellaneous 897. 2,030. 950. 2,000. 5100 Office Supplies 5,455. 6,0)0. 9,214. 6,000. 5201 Oper. Supplies (Gas/Oil) 12,168. 12,0)0. 12,662. 12,000. 5202 Oper. Supplies (Tires) 1,215. 1,5)0. 1,200. 1,500. 5203 Oper. Supplies (Uniforms) 6,966. 610)0. 5,920. 6,000. 5204 lab. Supplies - Water 8,237. 8,0)0. 9,116. 10,000. 5205 lab Supplies - Sewer 5,249. 8,0)0. 7,884. 8,500. 5206 Meters/Meier (loxes 79,541. 100,0)0. 62,769. 70,000. 5207 I'ipe/fittings 10,611. 10,0)0. 23,514. 14,000. 5208 Tools/Supplics 8,948. 10,0)0. 14,025. 12,000. 5209 Chemicals - Water 164, 705. 175,0)0. 143, 937. 175, 000. 5210 Cltculicals - Sewer 22,233. 22,213. 15,065. 30,000. 400 (looks. Publicalious 1,109. 1,0)0. 950. 1,000. 6400 Equipment 7,991. 1010 0. 7,631. 10,000. Total Supp. and Other Services 985,793. 1,079,E 0. 1,014,083. 1,060,100. TOTAL COST 1,609,912. 1,839,3 0. 1,725,756. 1,852,050. 99 • • EXHIBIT F CITY OF OREECHOBEE UTILITY SYSTEM INCOME STATEMENT YEAR ENDED SEPTEMSER 30, 19! Operating Revenues: Charges for Services TOTAL OPERATING REVENUES Operating Expenses: Personnel Services Professional Services Materials & Operating Supplies Utilities Insurance Repairs & Maintenance Administrative Supplies & Expense Bad Debts Depreciation General Fund Administrative Charge TOTAL OPERATING EXPENSES OPERATING INCOME $2,784,101 $2,784,101 727,008 278,449 308,737 168,162 65,394 242,030 17,688 3,012 544,778 100,000 2,455,258 $ 328,843 II o � a d=: ' t o �: as u� n: tiv, (v .: a � � o• ury, o; n; aa; v�� c+j •a, of ao �°i�' �I c� 41r. ca• a: ..' ti- of a1 O. M' M U'1 4 O O O 1 Ul U� v 1;•1 G <} -a m' 4 o U• L.'s' u1 ai 4i w O a U1. q�I i �¢ ' 4pl nlcc q. f 1_1 1 A W C7J M ni 4: .41 I 1 to OQ a m f <} ut' ul utT 1 h GI C� a �J' C..' ,]' rn' (OI fig. N If, W U1 ! I tL N }-. z .1 C• 1� <7 (1' ? : 01, is p•' Q : C• y' U'i i W ,a 1 ..z •, F 1 O V. ?•1 �ti M <'' �• h.. {y' fit:r+', r/• s oD rn F- E U .1 U; s C=' 4-: Ul' r4! Li: (G, Lit C.,GX -� iT f O' M ?{ y-, nj t Uil M:.4. . H tN'1 r; rev G•: O. 1Y1 h� T ':i' J w n ly1 M ra Jr. 1 W m Z�. Q W w G li , M` Z. I I I .i I i 1 2 �• d i E.NLsI a- w' Wi U I ml ,1L=,� �! �i Lu ,I i. n l , I ai III! Li1I � H ;al, tY m� wj j �I yt,�. Wi !!� H •it mi w UiI J m C a F~I W' 1 W F-I zi uCi u1 n' ?! �� WI 1 t- u onl ' U ' � f4 Ki 'II -M OI w '1 z' �!I EI KA ui K� ai w, zl H� J to; cr cc u; { , , hl •M m: W.- •Zi Mi it 1!1{ � w' Q�� N Q. r. U7: U':s 04 r�r. 3 �! Ei zI m 1 i� oz E I t,.l W; a•irt• O: �I o 1 Fj i O 1 i O: F•i OI W 7! coi np oC' T' ►r I i J: i ' H u: zI u UI'. ri zi 2l Z z� Ls i a Z m �' �I �i u; cc OI ( 4� O Ni o+ lil 1 H. 1-1 I V'i '� {LI N u N N I J; C. •�. i n O: J: G� ZI i! zi z Ji r� J• F- w m� H,,, �' �) m! o; Ji D NI �I OI �: aC� W oC NG' Ld O' }-I �1 WI F-I in, F-i f— Ji 01 1_ Q F-, Ci W F-: 17 11 I: 1 F-1 UIi -- R:F-� •� U u u� ai 1hr1' .�ti M; M� m: i I I j 4 j Ia.l 4,• Ulf , t (to i UIt IL i Q wv' `^: w IL X, m ret the wi rll u>tl r+il • Lil 01 w 0 <>i 14 wl 1.51 ,I ul:l (Ci zi 0: LL11 tLj ry al Ijl Lis I (I i ILA Z; 0 of 0 ZI 1C ul. 1—:. th Lji A IC LLt of at Ul EXHIBIT H CITY OF OKEECHOBEE NOTES TO ALLOCATION OF FIXED A$SETS SEPTEMBER 30, 1994 As stated in above mentioned document the foll ing is noted. "The enterprise fund's maintenance facility, water towers, and water and sewer plants, except for the new sewer plant, are located on city - owned real estate which is not recorded in the enterprise fund.° 0 , 0 991@ Awl • I• $kCT1014 Z VALUE OF OKEECHOBEE BEACH and KI S BAY UTILITY SYSTEMS The examination of the Audited Financial Statements of the Okeechobee Beach Water Association (OBWA) was conducted in the same manner as described earlier for the City System Additionally, the projected amounts for September 30, 1995 were also derived using the same methodology as for the City System. RECENT AUDIT REPORTS OBWA provided Audited Financial Statements for the past several years to give a view of the operations. Because of the nature of the organization, the Fiscal Year ends at Dec er 31. The Balance Sheet for OBWA and Kings Bay system have been included and represent Equity amounts of $2,609,889 and $ ,779 respectively. (See Exhibits I and J) PROJECTED BOOK VALUES After making the adjustments for operations through September 30, 1995, an estimate of the Projected Book Value for the OBWA and Kings Bay systems was made. These figures are $2,791,528 and $3,500 respectively. (See Schedule 2) DIFFERENCES WITH THE HARTMAN REPORT Any differences between the valuations appears to be based on the "Book Value" as of December 31, 1994. The Hartmian report did not use the Audited Financial Statements, but rather a Compilation Report. Some amounts were changed by the auditors based on their analysis. The differences are approximately $124,000 between the two projected figures. This amount may be conside ed immaterial. -06/16/•95 09:02 M WA PAGE 08 813 467 4335 • Kings Sax water Co. Balance Sheet December 31, 1994 ASSETS Currant Assets Barnett Hank -Revenue Harnett - Member Deposits Barnett Bank-MM Accounts Receivable - Trade Deposits - Utility Total Current Assets Property and Equipment Water Distribution System Allowance for Depreciation Total Property and Equipment Other Assets Total Other Assets Total Assets LIABILITIES AND MEMBERS EQUITY Currant Liabilities Membership Deposits Customer Prepayments Interest Payable Total Current Liabilities Long Term Debt Loan Payable - OBWA Total Lonq Term Debt Members' Equity Retained Earnings Year to Date Net Income Total Members' Equity Total Liabilitos and Members$ Equity EXHIBIT J I� $ 00282.28 2,664.53 6,240.86 707.70 115.00 (;01000.00 21500.00) 2,736.46 74.56 30000.00 0,000.00 (253.67) 2,033.02 $30,090.37 37,500.00 0.00 $67,590.37 $5,811.02 60,000.00 1,779.35 $67,590.37 see Accountant's Compilation • EXHIBIT I /OKERCHOSEE. BEACH WATER ASISOCIATION, INC. BAI.&NCE' BHRXTB ASSETS CURRENT ASSETS Cash $ Certificates of deposit Accounts receivable - trade (Note 2) Interest receivable supply inventories (Note 1) Prepaid expenses TOTAL CURRENT ASSETS PROPERTY, PLANT AND RQUIPMENT, AT COST Less accumulated -depreciation of $792 ,265 and $136 0 442 • 9 ngC=BRR 1994 0044 31 1903 $ 295,055 30 ,000 -0- 5 ,053 37,635 ,369 4,882 1 ,671 algae 47;,428 respectively (Notes 1 and 4) 2,17 ,895 RESTRICTED ASSETS - Membership deposits 9 ,621 OTHER ASSETS - Related party loan (Note 8) LIABILITIES AND MEMBERS1 EQUITY CURRENT LIABILITIES Accounts payable Customer prepayments Luse payable TOTAL CURRENT LIABILITIES MEMBERSHIP DEPOSITS COMMITMENTS'AND CONTINGENT LIABILITIES (Note 6) MEMBERS' EQUITY Members' investment Retained earnings Appropriated for the renewal and replacement of the Crater system Unappropriated $2,790,944 $ 8 i449 1 , 295 r 9 ,744 3610330 20 tOOO $1,79 ,944 _Is.M 364,809 2,206,910 78,703 60,OOQ $2,710,422 $ 110,818 13,294 466 124,578 80,437 369,330 200t000 1,936,077 3.5� 05.M $Z,710,422 SEE ACCOMPANYING NOTES AND INDEPENDENT AUDITORS' REPORT PAGE 4 0 6 • • 19%8 sy An,c, SECTION 3 EQUITY OF RATES The rate structure proposed in the Hartman report also develops a new rate structure for the customers of the Utility Authority. This section examines the structure in relationship to the treatment of the residents of the City of Okeechobee. EQUALITY The new structure does treat the resident of the City of Okeechobee in the same manner as any other customer of the Authority. There are no additional costs for City customers, nor are there any advantages. CHANGES FROM EXISTING STRUCTURE In the present rate structure, customers outside the City limits pay a surcharge on their utility bills. This surcharge is designed to offset costs and financial responsibilities that accrue to City residents only. Among these items are: o City residents pay a utility tax that is used to assist in meeting the bond coverage requirements. The net result of this action is the reduction of the utility bills to all users of the system. o City residents have supported the sy tem financially for many years through the use of General Fund monies to subsidize the capital requirements of the system. At present over $719,000 of monies that accrue to the General Fund have been contributed to the utility system. o The City has contributed use of land, easements and staff assistance to the utility system over the years without reimbursement. EFFECT OF EQUALIZED RATES Without a franchise fee or utility tax im osed only on the customers of the system outside the City limits of Okeechobee, the net impact is the City residents- repaying themselves for the system. As was originally proposed by the consultant team for the Authority, the surcharge would be imposed on on -City customers. The proceeds would be forwarded to the City to repay the additional value of the system. This system was equit ble in that those persons that benefitted from the transfer of the system would repay its owners for the value contributed. Without a surcharge imposed only on non -City residents, City customers bear a heavier burden of the Authority. .991@ gm, • • EXHIBIT K SOURCES OF CONTRIBUTED CAP CITY OF OKEECHOBEE UTILITY f SEPTEDMER 30, 1994 Connection Fees Developers Federal Grant Local Public Works Grant Federal Revenue Sharing Funds General Fund Okeechobee Beach Water Association Environmental Protection Agency Grant TOTAL CONTRIBUTED CAPITAL $ 421,758 338,791 1,633,132 417,740 619,572 100,000 275,000 1_,946,573 $5,752,536 • Is 19 J1@ 9.4l 38CTION 4 CITY R8239SURSUMEM The rate structure devised for the proposed Okeechobee Utility Authority includes reimbursement to the City of Okeechobee for the value of the system. The proposals offered the Hartman report include two scenarios: cash payment at time of closing and repayment over time with accrued interest. Under either scenario, the funds obtained fol, this reimbursement will be derived from rates charged to all users of the system. The rate payers living within the City of Okeechobee will be required to make payments to reimburse themselves for own their system. 0 0 19ft@ ama=af44y git4 41 I0 SECTION 5 RATE COMPARISON - CITY The rate structure proposed for the Authorit, increase for City residents. Focusing on residential user, it is clear that the new cause the customers bills within the City lim is also noted that the customers of the OBWA s, Customers of the existing City system located limits will decrease. COMPARISON OF RATES The following table represents the effect of th on City residents with water and wastewal establishment of the Authority. This analysi effects of the rates under current condit regarding the expected improvements and the im] available at this time for either scenario. This comparison includes the single family various levels of consumption. Monthly Consumption 0 1,000 gallons 3,000 gallons 5,000 gallons 10,000 gallons Authority System $24.31 $29.39 $39.55 $51.79 $82.39 $22.05 $25.99 $33.87 $41.75 $61.45 t will result in an the single family rate structure will .ts to increase. It stem will increase. outside of the City new rate structure :er service, after s only includes the Lons. Information )act on rates is not customer based on Increase due to Authority 10.2% 13.1% 16.8% 24.0% 34.1% M� • • .9%9 9ncc SECTION 6 POT$NTIAL SOLUTIONS Although the valuations performed in the Ha true "Book Value" are significantly differei solutions to the situation. Adoption of solutions should resolve the issue and allow Authority to continue. One of the solutic future debt of the Authority relative to utility system by the City of Okeechobee. OPTION 1. The Hartman report assumes that the Sinking Fu the end of the current Fiscal Year and did nc in the valuation of assets. Additionally, a the system must be subsidized and is currently Funds from operations go into a Revenue Accoui the balance in this account represents the of Since these accounts are treated as little Hartman report, one proposal would be to Okeechobee retain these account balances and ti of the system at a value of $6 million. The of be required is that the identification of tt deleted from the Transfer Agreement. OPTION 2. r man report and the Lt, there are several either one of these he formation of the ► s also reduces the t e transfer of the ,will be at zero at include any amount laim was made that Aerating at a loss. for the system and ct of operations. r no value in the have the City of nsfer the remainder y change that would se two accounts be The Transfer Agreement includes property, equipment and cash from the City Utility System. In return, the Authority will pay back the City, in cash, for the value of the assets. Cash will then flow in two directions. A simpler method would be to allow the City to retain all cash and investments, except for Customer Deposits. The Transfer Agreement will include only the plant property and equipment. The estimated value of the Fixed Assets on September 30, 1995 is $4.9 million as expressed in the table below. Total Fixed Assets Less Depreciation Net Fixed Assets Long Term Debt $24,40$,153 $19,30$,928 Book Value of Fixed Assets $ 4,934,240 R M@ Awl The Authority will only be liable for the diffi million amount to be donated and the Book Valui 1995. This will result in a reduced debt fc easier transfer and a reduction in the amount must repay themselves. xence between the $3 as of September 30, x the Authority, an that City residents 06/20/95 15:44 • Q0 ECONOMIC, MARKETING AND MANAGEMENT June 14, 1995 Mr. Gerald Hartman Hartman & Associates, Inc: 201 East Pine Street Suite 1000 Orlando, Fl 32801 RE: Requested information on Capital Improve Replacement Budget Dear Mr. Hartman, .�t 1 CONSULTANTS i t and Repair & As per conversations that have taken place regarding the above referenced budget, it has been our understanding that you have made adjustments/changes to this proposed budget. that you have a five r'ry understanding is year period ouLlined and we need to examine the line item changes and suuporting documents ion. Please fax (305 480-8836) as soon as possible your original stimates and changes so that we can finish this project. If anY arise11 5010. questions forward to feel ei i g these d c�me very truly yours, PWG Associates, Inc. Philip M. Gonot Vice President VIA: FAX CC: John Drago, City of bkeechobee Bill Reese, Reese & Macron me at (305) 427- its . 06-20-1995 +0s4ggM F R'11W J-EI GiLSEnT CERMFIL PUBLIC ACCOUNTg TO • 19417631686 P.02 600 West Miil.bwp BW - Suitt 510, Net fgd Bssah. Florid, II 1 Jule 20, 199.1 ' I � l � ' f hlr. ohn 17iago City Administrator, CltyiafOkgiecho 55 SPuthe"t 3rd A enue Okeitchobm, FL 1974 I Deal John. II I . I As a+e disc seed on the Phone with you yesterday, we ha Pro ppsed contribuOon/sale of water and sewer assets believe showld be addressed.. to the newly f f We have not been hired or otherwise engaged to render any 31 Proposed trgnsaetiops And have not read any of the reports issued by 1� °f �e participants M the PmosOd Ptrarsactions. As you are aware, Th aY to'make inquiries on accounting treatment of certain aspect; Our knowledge of ipy particulars are derived strictly from phone col titl nthat have takn place in the past five days. The questions posed eoncFrns re arding several issues that we believe may be Parti4atiO6 in this lion. We do not knew w hcthcr or how thes, but Woe believe you uld be advised of our initial concerns on possil structure of.'this del. i Our 6tial ncerns center on the tbllowing three issues; I I . I We belie ve dust a current appraisal of the fixed assets idawmc#tg, Ctc•) to be donated/sold to the water auto( transacts i' anticipated to occur October 1, or thereabc j for the 995 &MCW Mtements of the City. r j i l OMPANY • (3051 419.JCW • Fau (9QS141310AG certain concerns about the ,led water authority that we vices in manection with the airs or firms cn*aged by any 'hil Gonot contacted us lest Of the proposed transaction. mmtiotts with you and Phil a its by Phil Gonot, however nportant to the City in its issues have been addressed, le audit ramifications of the u PrapertY and equipment, is mandatory'. Since the the sale Must.: be evaluated American ina�tutrs ietCsrtitR.a M'ubiic.4a:ap,��� Msmti�_ Osctio,� 20/1995 10:56 81-763-166 SELPAUE 0 0G-; o-1995 10149AM PRO i I TO 194176316% p,03 Mr. John Drago J City A3trator City of Okel chobee J 20, 1995 Pag Two SehMily utll forpted acc°uatirrg principles (GAAP pV f�' Mime cv&luttion of the assets. 8 emncnw �Qunting basedlupon realizable value for mone Lary asset9 e. enersl terms, this evaluation we ��'stand that a current a i 8 . ed assets, intangiblex, ere. ). a �� �° support the allocutionoftheof the fixed arse Is not exisL proceeds of the There will be #Ioneta* and non-monetarya �i e•, between the various (This valuation Will also be crucial to water ure that he action is Properly P Per Y recorded. hooks.) ity once it prepares its own I 2.Acme The accQuatiag traatrnt of the Water Authority a concert. Under °ove=ncntal oats assets are u'ansfe �e sco1� of the reporting Accounting g�� �d i s also factors $ porting entity for a primary $ovErre is determined Statement ## 14, plied to each b a se Auth potential component unit. Y series of Drily as unque9tioaably a coin we do not see the- Water 1 orovisio of GASB #14 needs to be madet de of th City, coytsidenuion of the results of the c o saction. It is possible that due to eontin treatment of the 1Fg� coAsickrations, the City may be more entwined with financial involvement or Founcil'anticipatrs. organization than the City 1 i co" herein that numerous 1 evahtate the pcopar treatment of the ros t-Counting a s Y need t0 be c�cplOred these in ucs have - been addressed. We ale. We do not know if aceount'n are not a s on to know the proper � � tret►trnent of the various aspects of the knowledge of the particulars. Certaitd h n due to our very limited for us,to Y, owever, these i render an opinion on the City's 1995 financial will have to be addressed ents. To Zvith sure that pre$ntatio a made to the City's residents or o a bpt'+esentations to be included in the Audited PPrvvat are cot�sistcat e addressed promptly, finaacisl ents, these Issueslshould j ! 3 i r'hil Croiwt :has iadieated to us that a iacIude certain rafemnces to work report issuod by 's engineering firm has ¢ormPlr�'e 1993 audited fi Perf°arced by us also included a copy," that suc�h 1 ors is a wWC'ial statements of the City. a of the report matter of public record and has under the assu.inption Participants in the tramwtion. widely distributes. to the J 06/20/1995 10:56 813-76?086 CITY OF OKEECHOBEE PAGE 03 • 06-20-1995 10:50AM FROM TO (j 19417631686 P,04 Mr. ohn Dtago City, Administrator; City of Okeechobee curl 20,' 1995 Pas Three We axe !very eo6cened that photocopies of some of j � o wo rlcpapers on fixed asset j 4oprecialtion have beta included in Hartrnes report w attributed to us. Stich ch u ! of our:wrorkpapers violates our integrity as well as that f e City. Permission for such use wasl not requested nor would it have been giant ile we have not seen the deport, we can easilyconclude that the presentation of I since uol presentation of such material could be shaumw is grossly misleading otherwi i #uditorO report is qualified because these historical cot As you are fully aware, our cords are not reliable. We must as�c that this niatte;r be addressed is any public oI d in which Hartman's report appears Iland with all. persons who presently have copies of such report. As to the inclusion of the audited &wcial statements in 1ja tmans port, it has blten our andorst�wding that we would be advised any time our dit report is included. in any Otha P*Iic document (or document distributed to third I ittics and that we would have - the op Mmity to approve such Pjo presentation prior t ssuaacx. Our professional standards require us to ensure that information accom reviewed by us to enswe there are no inconsistencies ipresented. g our auditors' report be seen H�rtman's report, and therefore cannot comm 'matter We have not to the propriety of the �( presentation. This also needs to be rectified as possible. Our primay" concern is with the City's financial statements, bre affcrt the County "ad the Water Authority as We arc many issues which tth well, strongly s cng � ed to provide professional guidance on the accounting t�atnifieaof tulaprovisions area agreed We that a qualified C'PA be the transactionbefore upon. would be pleased to rovide ss � P i assistance to the City. IPlease note that we have drawn no conclusions as to the treMil Water Autl1ority mt of the transaction with the since we have not devoted extensive time in researcl any `elevant documents (we have not been included distribu iA9 the issues nor in reading on any !c is intended toi be general- in nature. oia lists). In that regard, this Please eont�= me to discuss these matters further. I undamits that you will be � V ' Y pro idtng a copy of this lcttmr to the City Council. I i Sincerely, i JDG/dp J.D. Gilbert awes D. G, Partner CPA 06/20/95. 15:44 • Q001 I i i ECONOMIC, MARKING AND MANAGEMENT COI June 14, 1995 Mr. Gerald Hartman Hartman & Associates, Inc. 201 East Pine Street Suite 1000 Orlando, F1 32801 RE: Requested information on Capital Improv Replacement Budget Dear Mr. Hartman, As per conversations that have taken place ri referenced budget, iL has been our understanding adjustments/changes to this proposed budgeL. M that you have a five year period ouLlined and the line item changes and suuporting doeumentati 480-8836) as soon as possible your original est so that we can finish this project. n Me/. SULTANTS it and Repair & garding the above that you have made .r understanding is 4e need to examine )n. Please fax (305 imates and changes If any questions arise please feel free to cal me at (305) 427- 5010. I look forward to receiving these docu ents. very truly yours, IPMG Associates, Inc. 'of p k- Philip M. Gonot vice President VIA: FAX CC: John Drago, City of bkeechobee Bill Reese, Reese & Macron ECONOMIC, MARK8TING AND MANAGEMENT CON ULTANTS June 16, 1995 John Drago City of Okeechobee 55 SE Third Ave. Okeechobee, F1 34974 RE: Evalliati.on Of Hartman and Assoc;iz,tes, Inc:. valuation Dear John, We are aware that yOu recxuire information in a certain time frame so that you can include the information in the packets that are for the City Council meeting. As of this date we have not received the requested information from Hartman and Associates, Inc. As soon as that required information'is received, we will fo ward to you the necessary paperwork for your use. If you have any questions please do not hesitate myself or Phil. Very Trtily Yours, G Associates, -Tnc. hleen resident. Lo call either N. W. 2ND COURT • DEERFIELD BEACH, FLORIDA 2 * (305) 427-5010 • II • ' 1 W ECONOMIC, MAFIKETING AND MANAGEMENT CONSULTANTS June 15, 1995 L. C. Fortner Okeechobee Beach Water Aseoc;iation 8840 Highway 78, West Okeechobee, F1 34974 RE: Request for Information As per our contract with the City of Okeechobee, we are reviewing and will be making comments on the Hartman and Associates, Inc. "Valuation Study", dated June 1995. Please make available to us your Balance Sheets and Fixed Asset Schedule; from the audited financial statement for the past four years. P1 ase fax to us at (305) 480-8836. If any questions arise, dui not hesitate to call me at (305) 427- 5010. Thank you for your cooperation. i Very truly yours, PMG Associates, Inc. /* Philip M. Gonc)t Vice President VIA: FAX CC: John Drago, City of Okeechobee 3880 N. W. 2ND-COURT • DEERFIELD BEACH, FLORIDA 31-442 • (305) 427-5010 � III n'cl. ECONOMIC, MARKETING AND MANAGEMENT CONSULTANTS June 14, 1995 Mr. Gerald Hartman Hartman & Associates, Inc. 201 East Pine Street Suite 1000 Orlando, F1 32801 RE: Requested information on Capital Improvernen Replacement_ Budget Dear Mr. Hartman, As per conver a.citions that have taken placed rec referenced budget.., it has been our understanding adjustment,/changes to this proposed budget. My that you have a five year period outlined and w the line item changess, and suuporting documentat.io 480-8836) as soon as possible your original esti so that we can finish this project. t and Repair & 3Lrding the above hat you have made understanding is need to examine . Please fax (305 Cates and changes If any questions arise please feel free to call �me at (305) 427- 5010. I look forward to receiving these docume is. Very truly yours, PXG Associates, Inc. Philip M. Gonot Vice President. VIA: FAX CC: John Drago, city of Okeechobee Bill Reese, Reese & Macron 3880 N. W. 2ND COURT - DEERFIELD BEACH. FLORIDA - (305) 427-5010 of—%1y• '7L, 'JV 1 V ----M-20-1993 10:49W FROM • I TO • 1941?6316a6 P.02 �I J.- a,x GILBEBT & CERTIFIED PUBLIC ACCOUNTANTS OW Waat WMab" BW, Suitt 510. DNrri id Baaah. Florid% June 20, 1995 Mr. Citrof Oke6ch". 55 SPuthaast 3rd A eaue Okeechobee, FL 3 974 I ' Dead John: +I ' I As give disc ssed on the phone with you yesterday, we ha, proposed contribugon/sale of water and sewer assets to the new believe should be addressed.. newly fi ! we have not beea hired or otherwise engaged to reader any u proposed trgnsutiols and have not read any of the reports issued by p of tiie participants P the proposed transactions. As you arc aware, + Thus ssday to. make i quiries on accounting treatment of certain aspect, Our knowledge of any particulars are derived strictly from phone cor Gonpt that have t" place in the past five days. The questions posed raisdd oonc.Prna re ftading several issues that we believe may be parti4atioo in this Lion. We do not know whether or how then but we believe you uld be advised of our initial concerns on possi strudture ofthis de 1. ! Ournititii ricerns center on the following three issues: 1. I i ' We bale, ve that a current appraisal of the fixed assets caserumits, etc.) to be donated/sold to the water sat w treasac iN anticipated to occur October 1, or thereabou for the 5 f1mcial statements of the City. Y � I ! I I f I OMPANY • (305) 41 J . JOM • Fax (30514131040 certain comcerm about the led water authority that we ices in :ounection with the cs or firms engaged by any dI Gonot contacted us last f the proposed transaction. rsatiOA$ with you and Phil us by Phil Gonot, however portant to the City in its ;sues have beets addressed, audit ramifications of the I Property and equipment, is nndatory. Since the he sale must: be evaluated Arr+erican Institute 4t Q*Mt f 60 +`ublie ACCOuntents Ms•r+O�r F'ryeele� Osction .;d5 10:56 813-763-1686 CITY OF OKEEC OBEE "`c { 0t,- `1995 10149AM FROM• PAGE 02 TO • I I 19417631b6e P.03 Mr. fohn Drago i City AdIn"3trator- i City' of OkeWbobee J 20, I "S P � Two Bow �e#urally accepted accounting " u�ll fora au ng principles (GAAP) d governmcnt�tll accounting b d�u f M'Re evaluation of the assets. In g Upon reailzable value for monetary eral terms, this evaluation a�d°'td a cwxent aassets (e.g fr edassets, freranglble�, appraisal of the fixed assets ) »ro�tet support � allocation of the proceeds of tile, S not exist. There will W crry and non -Monetary assets) to ensure that the (i' e'' between the various J (This valuation will also be crucial to the W tion is properly recorded. 00ks.)1 fir' Autho it once it re � I P pares its own 2. I � I The accPunting treatment of the Water Autitori a �t'ccrn' Under (30veMmental A to once to are transfermd, is also the sco of the re �01mdn8 S�adards porting entity fora (GAS$) Statement #i 14, Factors ppl2ed to pry' g°Vertnne is mined b each potential component unit, Y aeries of �rovis city as 'mqutstionably a Componente e do not see the. Water Qrovisi* of CLASS #14 needs to be madede °f the Ci , consideration of the results of the transaction, It i,, the Proper treatment of the 11 09al cO?uiderations the CityPossible m that due to contin i council Ianticlpates � may more en wined with nancial involvement or f i is o Vanization than the city � eva1��� � rs g 1 ues , numerous ieW and accountln Proper treatment of the result of the do Y rimed t° e�Fplored hose issues have been on/s e. ac addressed, We are We do not know i f count'n tree not in a sitio to know Q e pari ulthe various aspects of the know the proper ledge of the Particulars. Certaitsl h oII ut to our vcr3' limited ,for us 16 raider an opinion , Y, however, these is s wi 1 have to be ad on the City's 1995 financial dressed I f °� o eesentatious rande to the City's residents s to financial be included in the audited °r to proval c adare cOraistcnt dressed promptly, tern , these issuesIsbauld 3. Phil Ctoisot has 'ad icated !nclude4 c�rei' to us that a report issued byom , ernes to work performed by us an a1 s nStneerYng firm � that s report audited financial. i laded a copy of the tateraents of tile, City. a am der the assumption p�cipants in the a matter of public record and bas Uansaetion. widely disiributcq to the _d/1995 10:56 813-763-1 CITY OF OKEECHO EE 06-20-1995 10:50AM FROM TO • 19417631686 P,04 Mr. City JlJohn DTago Administrator �of Okeechobee 20, l99s Three We are (very coueehW that photocopies of some of of 4oprecindon have been included in Hartrnads report and w of our-v iorkpaper8 violates our integrity as well as that of t itse wad not mquested nor would it have been gmtrd, Report, we can easily conclude that the presentation of this since nol presentation of such material could be otherwise, suditoi* report is qualified becauss these historical cost inust that this matter be addressed in any public recol appears nd with all persons who presently have copies of � As to thb inclusion of the audited financial statements in JU undarst"ag that we would be advised any time our Other P*Iic document (or document distributed to thud t Me oppprtunity to approve such presentation prior to standards require us to ensure that infornution accomp+ reviewed by us to ensure there are no inconsistencies in seen Himnan's report, and therefore cannot comet I premntation. This matter also needs to be rectified as so I Our prima X concern is with the City's financial statements, bt affe� -,t the County 4nd the Water Authority as well. We strongly Sul ! eng ' ed to provide professional guidance on the accounting ramiticat finalprovisions are► agreed upon. We would be pleased to provide si Please note that we have drawn no conclusions as to the treatm Water Authority since we have not devoted extensive time in resear+cl :an levant. documents (we have not been included on any distribut iette 18 intended toi be general- in nature. Please contact the to discuss these matters further. I undorva A copy of this letter'to the City Council. I Sincerely, I J.D. Gilbert 7 I � ames D. Gil Partner JDG?di) workpapers on fixed as ire attributed to us. Such use ie City. Permission for such While we have not seen the saterial is grossly misleading As you arc fully aware, our ecords are not reliable. We I in which Hartman's report such report. unaws report, it has been our lit report is included. in any ties) and that we would have ssuancx. Our professional ying our auditors' report be ass presented. We have not as to the propriety of the i as possible. aye arc many issues which A that a qualified CPA be i of the fnsaction before assistance to the City. of the transaction with the the issues nor in reading lists). In that regard, this that you will . be providing 0 E 1 06/20/95 16:54 DEAN, Pd• MERRITT ISLAND 4 DME FT. PIERCE N0.964 P002 o `i/?�i/� - . �•;.,....� mac. :, ,� �! .-` XOTICS OF ZMM.ZC RWXlia?- NOTICE IS HEREBY GIVEN that the City Cour Okeechobee Florida, shall meet in special s4 1995, at fi00 p.m. in the City Council Chamb Avenue, Okeechobee, Florida, for the purpose of the proposed transfer of the City Utilities Utility Authority is in the public interest provisions of Section 180.301, Florida Statute: Pursuant to Section 286.0105, Florida Sta decides to appeal any decision made by the respect to such meeting, he or she will neei proceedings, and for such purpose, may need verbatim record of the proceedings is made, whi the testimony and evidence upon which the appe person may provide a court recorder, stenog: recorder for such verbatim record. BY ORDER OF TEE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA Dx101 FE 5 � , CLERK :il of the City of ssion on July 11, rs, 55 S.E. Third ,etermining whether to the Okeechobee Pursuant to the tutes, if a person City Council with i a record of the to ensure that a ch record includes it is based. Such *apher, or a tape r� u CITY OF OKEECH MEMORANDU TO: Mayor and Council DATE: SUBJECT: FROM: John Drago, City Administrators / /) At the last City Council Meeting, Commissioner Abney stated the Master Transfer Agreement was for legal sufficiency. it se the review is not for legal sufficiency, but one of worth. We it can address the Council during the public utility agenda item JJD: nb Attachments 1 BEE June 20, 199s COUNTY VALUATION it the County review of s from the County that Tried Mr. Long that he clarify the issue. • ;oard of County Commissioners Okeechobee County June 16, 1995 John Drago City Administrator 55 SE 3rd Avenue Okeechobee, FL 34974 Dear John: It is my understanding that Commissioner Abne question posed by Councilman O'Connor, during meeting, concerning the scope of services to k County by Public Resources Management Group resulted in an inadvertent misunderstanding. SEAL, T" } .. 1917 304 N.W. 2nd Street, Room 106 OKEECHOBEE, FLORIDA 34972 (813) 763-6441 Fax # 763-9529 -'s response to a a recent Council B provided to the Inc., may have I am hereby requesting that I be scheduled on Your next meeting agenda such that I can address any confusion that may remain. Please confirm the requested scheduling a convenience. Sincerely, George A. Long County Administrator cc: City Council Board of County Commissioners Your earliest JYJ411 D. nugnes uene Woods Clif Betts, Jr. John W. Abney, Sr. Ch les W. Harvey George A. Long District 1 District 2 District 3 !);strict 4 Dist 'ct 5 County Administrator • • E 3 e of the City Clerk & Personnel Director MEMORANDUM TO: John J. Drago, City Administrator FROM: David Hazellief, LDR Citizen Advisory Committee Please provide an item on the City Council June 20th Agenda for m them on the Committee's progress. Your attention to this matter is greatly appre i Thank Youll Ag DATE: June 15, 1995 SUBJECT: Agenda Item to address and update • City of Okeechobee LDR June 26, 1"S Discussion of Land Development Regulations for the A. Parking 1. How much parldng should be required for various type 2. Should parking requirements be different for downtown types of businesses located in other places in the city? 3. Should on -site parking be required for new developme 4. Should on -site parking be required for expansions of e. 5. When an existing building has a change in use, such as to a restaurant, and if the new use requires more pai should that parking be required to be on -site? 6. Should the city buy land to create municipal parking to 7. For new development, expansions of existing developn uses in existing buildings, should there be a choice of he could include: a) Require all parking to be on -site b) Allow the developer to provide nearby parldng, and nearby parldng c) Allow the developer to contribute money to the ci municipal parking lots so that downtown land i provide on -site parldng (for example, as a certain parldng space would be contributed to the city s and create municipal parking lots) d) Have the city provide municipal parldng lots witl from businesses that require the parldng. How option? Property taxes? A special assessment d Current Regulations L04h g Fx N��W�3 n Area. - of uses? than for the same g development? i a retail establishment than the previous use, for the downtown area? it or for new or different to provide parldng, which a combination of on -site , and have the city provide esn't have to be used to Mllar amount per required that they could buy land, requiring contributions Id the city pay for this .t for downtown? Required parldng spaces are required to be located on -site, or, under certain circumstances, within 300 feet of the property when agreed to by City Council. Expansions of existing buildings are required to provide on -site parking for the expanded area. Changes in use are required to provide on -site parldng for additional parldng spaces required by the new use. Specific parking requirements are as follows: 1. Professional or business office: 1 space for each 300 sqi plus 1 space for each 2 occupants or employees. 2. Private clubs: 1 space for each 3 seats, or 1 space for e, floor area, whichever is greater. 3. Rooming, boarding house: 1 space for each 2 bedroom 4. Nurses home, convent or monastery: 1 space for each 4 5. Hospital: 2 spaces for each bed. feet of gross floor area 300 square feet of gross 1 6. Medical, dental office: (for offstreet parking dete ation only, medical or dental office shall be calculated differently than for other pr fessional offices) 1 space for each doctor, nurse, and employee, plus 3 spaces for each consultation, practice, and/or examining room. 7. Nursing home: 1 space for each 4 beds plus 1 space f r each employee. 8. Marina: 2 spaces for each 3 boat slips or moorings; re uired offstreet parking spaces cannot be used for storage of boats or boat trailers. 9. Child care center: 2 spaces for each employee plus adequate provision for loading and unloading children from off the street. 10. Houses of worship: 1 space for each 3 seats in chapel, auditorium, or main assembly area. 11. Public and private elementary or junior high schools: 2 spaces for each classroom or office room, plus one space for each 150 square feet of seating area (including aisles) in any auditorium, gymnasium, or cafetorium auditorium. intended to be used as an 12. Public or private senior high school: As for elementalir or junior high school except 5 spaces for each classroom or office room plus one space for each 4 seats in any stadium or arena. 13. Library, community center, recreation facility: 1 space for each 200 square feet of gross floor area on 1 space for each 3 seats, whichever is greater. B. Drainage 1. Okeechobee is required to manage the run-off from a -year 24-hour storm for new development. Should this run-off be required to be kept on -site? Should run-off be allowed to drain into city facilities? 2. If the city provided drainage facilities, how should they a paid for? Property taxes? Special assessment districts for the downtown area? S iould new development and expansions pay the city some amount to pay for expand ng drainage facilities so that they don't have to provide drainage retention on -site? 3. If the city provided drainage facilities, should it be man atory that new development and expansions contribute to a municipal system, or sh uld downtown development still have the choice to provide retention areas on -site. Current Regulations All run-off from the 25-year 24-hour storm (about 6 inches of rain) must be retained on -site. Dry or wet retention areas, or underground retention areas, must be constructed on the site. The larger the building, or the larger the parking area, the larger the required retention areas. The city does not allow a discharge of run-off into the city drainage system. C. Landscaping 1. Should there be a landscape ordinance for downtown area? and specifically for the 2 0 2. If landscaping is required, should individual developers pay for and provide landscaping, or should they pay the city to provide landscaping? City landscaping could include planters, trees and the like on sidewalk; and other common areas, so that new development could use up more land in the downtown area. 3. If landscaping is required, should it apply to new de lopment? To expansions of existing development? To changes in use in existingbuildings? Current Regulations Section 8-11(f) of the city's code of ordinances has a requirement that "appropriate landscaping shall be installed, replaced and maintained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent property." There is also a requirement that ground cover must be maintained on improved property. Other than this, there are no specific landscaping regulations. IIe city's comprehensive plan (Policy 8.1 of the future land use element) states that "t ie city will amend its land development regulations to encourage development techniqi es which mix and distribute land uses to .... recognize and preserve distinctive natural eatures of the site, protect environmentally sensitive areas within the site, preserve open space, [and] promote a sense of pride and community for its residents." D. Signage 1. What types and sizes of signs should be allowed in the: downtown area? 2. Should billboards of other off -site advertising be allowed downtown? 3. What other types of restrictions, if any, should there be for signs downtown, such as locations on buildings, or restrictions on lighting? Current Regulations The following regulations are specific to the CCBD zoning district: 1. Maximum area of signage shall not exceed 250 square feet, and no activity shall display more than 2 signs. 2. The district allows illuminated or non -illuminated wall, ground, pylon, canopy, marquee or projecting signs to advertise services or sales of products on the premises. 3. No sign shall be erected upon or overhand any street, rig it -of -way, or alley; provided, projecting signs with at least 8 feet of clearance and prc 'ecting not more than 5 feet from the building to which they are attached may over iang a public sidewalk. 4. Neon and animated signs are permitted. Strip ligh ' g is prohibited. Where a CCBD district abuts property zoned residential (not inc uding an intervening street, but including an intervening alley), an illuminated siE n on the side or rear of a commercial building shall not be illuminated past 10: p.m. 5. No ground sign may be erected within 35 feet of any property zoned residential. 6. Not more than one ground sign may be erected in a required front yard adjacent to a street. 3 7. No ground sign shall exceed 20 feet in height. The following is a summary of sign regulations that apply citywide: 1. Off -site advertising is prohibited within 300 feet of a house of worship, school, cemetery, public park, public recreation area, state or national forest, railroad intersection, or any residentially zoned property. 2. There are a number of exempt signs, such as tempor construction signs, direction signs, for sale signs, and the like. Most of these exemptions have conditions or restrictions. 3. Signs within 50 feet of any street intersection shall meet front yard setback requirements, or else the top of the sign must be no hi her than 30 inches above the crown of the adjoining road, or the bottom of the Sig must be at least 10 feet or higher above the crown of the immediately adjacent r ad or intersection. 4. Off -site signs may not exceed a height of 30 feet, meE sured from the crown of the adjacent roadway; and off -site signs may not be within 15 feet of any street right-of- way, except where buildings are nearer the street, in w ch case signs may be as close to the property line as the buildings. 5. There is also a provision for off -site directional signs, defined as signs giving directions to establishments or activities within the City of within one mile of the limits of the city and containing no advertising matter other than name, major product or service, and directions. Such signs are limited to 50 square feet in area, may be installed in zoning districts where off -site advertising is allowed, may not be within 100 feet of any other such off -site directional sign, and may not be within 300 feet of another off -site directional sign advertising the same establishment. E. Setbacks 1. What should setbacks be for new development downtown? 2. Should downtown have an option for 0-foot front and side setbacks? Should 0-foot front and side setbacks be required for the downtown area? Should new development be consistent with existing development dwntown? Current Regulations For commercial, service or office activities, the following setba+ apply in the CCBD zoning district: Front: None Side: Must be none, or else 8 feet, except where CCBD lot a uts land zoned residential, with or without intervening street or alley, then 10 foot side yard must be provided on CCBD lot Rear: None, except where CCBD lot abuts land zoned resi ential, with or without an intervening street or alley, then 10 foot rear yard must be pr 'ded on CCBD lot. 4 Note that the side yard must have a 0-foot setback, or else at lust 8 feet. Anything between 0 and 8 feet is not allowed. For the front and rear setbacks, a 0-foot setback is allowed, but not required. The setback could be 0 feet, or it could be 2 feet, 5 feet, 8 feet, or anything else. F. Permitted Uses 1. What types of uses or businesses should be permitted should be permitted, but only by a special except conditions attached to it? 2. What types of uses or businesses should be prohibited Current Regulations mtown? What types of uses that may be able to have from the downtown area? Permitted Principal Uses and Structures in the CCBD zoning district: 1. Establishments for the sale of goods at retail, but no manufacturing establishment except as specifically permitted or permissible. 2. Service establishments, such as barber or beauty shop, restaurant or drive-in restaurant, funeral home or mortuary, letter shops or 3rinting, automotive service station or truck stop, repair or service garage, motor ehicle body shop, rental of automotive vehicles or trailers, bar or tavern for o alcoholic beverages, auction house or pawnshop, veterin -premises consumption of uian, dance or music studio, and similar activities. 3. Hotels and motels. 4. Banks and financial institutions; professional and business offices. 5. Commercial recreation facilities in completely enclosed buildings such as motion picture theater, billiard parlor, bowling alley, skating rink, night club. 6. Vocational, trade or business schools. 7. Telephone exchange and business offices, motor bus terminal, commercial parking lots and parking garages. 8. Employment offices; union hall. 9. Off -site advertising signs. 10. Bakeries, but not for production of goods not to be sold on premises 11. Laundries, dry cleaning and laundry agencies, and dry cleaning plants, provided only non-flammable solvents are used and steam and odors not detectable to normal senses from off the premises. 12. Residential use existing at date of adoption of this ordinance. 13. 14. City of county governmental buildings and activities, not otherwise districted as GU Existing railroad right-of-way, but not including switching, freight, or storage yards, buildings or maintenance structures. 15. Houses of worship, provided parcel size shall not be less than 5 acres. 16. Public utility building and facilities except those included under section 7.9 necessary to serve surrounding neighborhoods (not including service facilities shall be designed, sited, and landscaped to preserve or storage yards). Such compatibility with a single family neighborhood. 17. Private clubs and lodges. 5 • Permitted Accessory Uses and Structures: 1. Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures. 2. Are located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership. 3. Do not involve operations or structures not in keep' g with the character of the district. On the same premises and in connection with permitted or structures, dwelling units only for occupancy by owners or g Prohibited Uses and Structures: Any use or structure not specifically, provisionally, or by herein. Special Exceptions: None. Other Requirements of the Commercial -Central District Minimum lot requirements (area and width): None, except requirements. principal uses and implication permitted District (CCBD) Zoning needed to meet all other Maximum lot coverage by all buildings: Unrestricted, except as needed to meet all other requirements. Maximum height of structures: No portion shall exceed 45 fe t. G. Design Guidelines 1. Should there be design guidelines for the downtown area? Is so, what should they be? Should they apply to new development, expansions of existing development, or to all future and existing development. Current Regulations There currently are no design guidelines for the downtown In general, should regulations apply only to new developme existing development and to changes in use? Where should when determining when and where the regulations should apI of these decisions? or also to expansions of ae of the lines be drawn Who should make some • MEMORANDUM TO: Mayor and Council THRU: John J. Drago, City Administrator lµ-v FROM: Bonnie S. Thomas, City Clerk Attached herewith please find a copy of a letter that was se business owners within the revised central business overlay z Advisory Committee. The Committee wishes to invite the City meeting. Their goal is to have a chapter in the LDR's to cover central business overlay zone. The five topics they wish to disc Back Requirements; Parking Requirements; Landscaping Requirements and Drainage Requirements. ng of the City Clerk & Personnel Dim DATE: June 15, 1995 SUBJECT: Citizen Advisory Committee Meeting t to all the property and ne by the LDR Citizen's �ouncil to also attend this pecific regulations for the ss at this meeting are Set Requirements; Signage R00City of Okeechobee 66 S.E. Third Anne • Okeechobee, Florida RE: Dear Property Owner and/or Business Owner: • 813/763-3372 June 6, 1995 On behalf of the City of Okeechobee Citizen's Advisoi V Committee I am Inviting you to attend a very important meeting on Monday, June 26, 1995 at 6:30 p.m. to be held at City Hall, Council Chambers, Room 200, 55 Southeast 1 rd Avenue, Okeechobee, Florida 34974. The topic of discussion for this meeting will be the Q as defined in the City's proposed Land Development Overlav Zone. This will include but is not limited to sE requirements, landscaping, themes and more. A map of the Overlay Zone which includes your property/business Is encl If you are unable to attend the meeting but would like do not hesitate to contact myself or any member of the Citizi list of the members is enclosed. With best regards, I am DH/BST/Ig Enclosures - 2 Business Overlay Zone iulations (LDR's): The regulations, parking ad Central Business 3 discuss it further please is Advisory Committee, a Respectfully David Hazellief Chairperson Advisory Committee Issm rtrk iliiiwi i �Gaaa9� ��� Il��li iiCC.rrr ra sato !gip cao 0o io �:I M�I11 A --■t•��OOO 0 0 ■� o ao p cs ca o 0 HEM �\ gill �.II,II'I�II'I-, w ra ra aa,s ■ o am o a -a o a -a ` \ as o ■ea ©�!a p !a p H o aaJ�\Q as a7sa aaaa raaa ra as aaaa �A1 aCip as r7 ■a ra as ra ai tv as ca o a to as ■:a p ra o ♦ \ '3, a O O NEW ra ato ra u a•a era■ r©� O as O aa'O O p O p ■� O �.��\ ] O.O Ora■ w ■■ ca ■■ ■� w aaaa a�;o avaa paw- oo \��� tO;p aaaa oa:■ aaaa a' ii_ Casa vaa caa■ a�laa. 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The letter is self explanatory as to why he and the three remaining individuals are again requesting to appear before the City council. I would recommend city council give serious considera ion to their request. I would also recommend city council agree to up -sizing he wet well from 6 ft. diameter to 8 ft. and increase the force main from a 6 inch to 8 inch. However, at this time I would not install the gravity line needed to take the McDonalds Lift Station out of service. I believe certain individuals will need this line for additional development in the near future. The City could then require them to install this line at their expense. xc: Tom McGowan Gil culbreth Jay Patel John Smith o� U6- McGOWAN & COMPANY ENGINEERING, INC. CONSULTING CIVIL ENGINEERS 20055 N.W. 1761h Ave. • P.O. Box 261 Okeechobee, Florida 34973-2612 (813) 763-5377 MEMORANDUM TO: Wayne Jones FROM: Tom McGowan, P.E. Jay Patel John Smith PROJECT: South County Regional Gil Culbreth Lift Station DATE: May 31, 1995 JOB #: 9 -048 SUBJECT: STATUS OF REGIONAL LIFT STATION PRO ECT, AND REQUEST OF CITY COUNCIL TO CONSIDER INCREASED PARTICIPATION TO FUND ALTERNATIVE DESIGN. As you know, at the May 18th meeting of the part lift station project, wherein we met to resol resulting from Frank Barber's request to reduct two -sevenths share to one -sixth share of the 1: announced that, due to the loss of the sale of t to an outside developer, and recent difficultie agencies with regard to the development of Okeechobee County, that he and his partners, wl providing sewage service to their property - participation in this project. The subsequent discussion revolved around the available to keep the project going for the re the group. However, at the conclusion of t decided that the project was no longer economi and consequently Norman Hales. This is becaus the project costs would have caused KOA to exc cost them to develop their own alternative soli project costs also become excessive for Norman KOA, the time necessary to develop new alternati them to meet their internal timeline for comple- to October - the beginning of their season. Lcipants in the regional re the financial issues his participation from ft station costs, Frank ie Flamingo Lakes parcel experienced with local commercial property in ile still interested in were declining further potential alternatives naining five members of its discussion, it was pally appealing to KOA, the reapportioning of aed the amount it would tion. Without KOA, the Hales. In the case of res may not have allowed ing their project prior ENGINEERING PLANNING, PERMITTING AND DESIGN SERVICES • As you and I discussed at our subsequent meeting on May 23rd, John Smith, Jay Patel and Gil Culbreth are still very much interested in participating in a common lift station. However, their combined budgets for this project total approximately $100,000.C10. Additionally, the individual participants would still pay for the installation of the sanitary sewer lines serving their projects. A six foot diameter lift station, built to City specifications could be constructed to serve these parcels and then given to the City. While this station would be public, it would not meet the objectives of the original, regional lift station project because:' 1. This project would not be able to immedi tely decommission the McDonalds lift station because no gravity sanitary sewer would be available in this area. 2. Only a portion of the problematic four -inch force main serving projects in this area could be replaced - with the portion from McDonalds to the proposed lift station remaining, and 3. Due to the limited volume available in he station, increased capacity of the station would be limited to up -sizing the pumping capacity. In order to make this project viable as a regional lift station, we would need to have increased participation from the City of Okeechobee. Increased participation by the City would allow us to: 1. Extend the sanitary sewer system to connect the projects served by the McDonalds lift station, and thereby decommission that station. 2. Provide a telemetry unit for the regional lift station. 3. Remove the problematic four -inch forcemain from service, and 4. Up -size the lift station from six, to eight -foot diameter - with all of the additional volume generated being available to the City to serve future projects in this area. We would be asking the City to participate in this project and to contribute a dollar amount equal to the difference in cost of the two alternative projects. The estimated cost to the City for this project would vary from $27,925.00 to $44,070.00 depending upon the level of participation agreed to by City Council. This range represents the estimated costs between; 1) up -sizing the lift ation and forcemain d not extending the sanity sewe o connect to, and r on the McDonalds lift statiiwlw and sizing the lift ai& a instruct" Irk ra ` nitary sewer to ate. ,t _.mcpq igxl. This estimate s based upon the summary of project costs outli ed below. • ESTIMATED PROJECT COSTS Six -Foot Diameter Station: 6-Foot Diameter Station with New Telemetty 1300 L.F. 6-Inch PVC Forcemain Engineering & Surveying Estimated Total for 6-Foot Diameter Lift Station Eight -Foot Diameter Station: 8-Foot Diameter Station with Relocated 1300 L.F. 8-Inch PVC Forcemain 690 L.F. 8-Inch PVC San. Sewer to McDoi Engineering & Surveying Estimated Total for 8-Foot Diameter Lift NOTES: 1. Both Alternate include a terminal manhole connection to the proposed lift station. lemetry L.S. tation $ 80,000.00 $ 13,000.00 $ 10,000.00 $103,000.00 $105,000.00 $ 15,925.00 $ 14,145.00 $ 12,000.00 $147,070.00 and DIP sanitary sewer 2. The telemetry unit from the McDonalds Ilift station would be relocated to the proposed 8-foot diameter lif station 3. This estimate does not include a 'IT-Lok" anti -corrosion lining system currently being considered for ado t1on in the utility standards. Several comments which I have with regard to thus project are: 1. We are asking the City for a maximum cont ibution of $44,070.00 based on the estimated construction costs for this project. Of this, $34,000 +/- would be new funds as the City had previously agreed to cost share $10,000.00. 2. These construction costs are conservative ( igh) estimates, based on previous bids, and the City's unit price contract. These are several minor scenarios for the development of this proje t which would have the effect of lowering the City's contribution. The maximum cost to the City, based on these estimates, has been presented here. 3. While it appears unlikely now, there is st ll a possibility that another property owner would participate in his project, thereby reducing the City's costs. 4. We have been before the Council requesting this project before. While it appears that we a moving forward, this is simply not true. The remi sincere in their efforts to build this project, the City Council through no fault of there own. money and support for re unorganized and not Lining participants are Lnd will be back before • As explained in the opening of this memo, one of the original members dropped out of the group. The ripple effect of reapportioning that persons costs to others in the group caused additional members to exceed their budgets and drop out of the group. 5. Finally, of the remaining participants, only Holiday Inn Express project, has an immediate As you know, Jay has had plans and permit a] November of 1994 to construct a private lift s Gil Culbreth and John Smith realize the iml municipal sewer service to their project, and t] derived from this group effort. They are will money to this project on the speculation that i well as this area in the future. However, the and have developed a budget for this project w meet the minimum requirements of the City's re, recommend to them that they contribute more. We are not asking the City to contribute to 11, we are asking the City to contribute money to difference in costs between the minimum neede, projects, and that which is necessary to adegt development of this area. one, Jay Patel with his .eed for sewer service. plications ready since ation. 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U p N Q m N t W O Z rn co "- m N { m 2 3 W T N9 V LO • ORDINANCE NO. 6 7 8 AN ORDINANCE AMENDING ORDINANCE NO. 655 OF THE CITY OF OKEECHOBEE ADOPTING 11M CITY OF OKEECHOBEE MUNICIPAL GENERAL EMPLOYEES' PENSION TRUST FUND; PROVIDING FOR AN INCREASE IN EMPLOYEE CONTRIBUTIO S FROM 5% OF SALARY TO 6% OF SALARY; PROWDING FOR EARLY RETIREMENT AT AGE 55 WITH 1 YEARS OF CREDITED SERVICE; PROVIDING FOR Ar I INCREASE IN THE BENEFIT ACCRUAL RATE FROM .75% TO 2% FOR EACH YEAR OF CREDITED SERVICE; PROVIDING FOR SEVERABILITY OF P OVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TIIE CITY COUNCIL OF Tt JE CITY OF OKEECHOBEE, FLORIDA that: SECTION 1: Ordinance No. 655 of the City of Okeechobee Municipal General Employees' Pension Trust Section 5, CONTRIBUTIONS, subsection 1, Member Contri SECTION 5. CONTRIBUTIONS. 1. Member Contributions. A. Amount. Each Members of the System regular contributions to the Fund in the ar 67o) of his Salary. Member contributior behalf of the Member shall be deposite monthly. The contributions made by each be designated as employer contributions Internal Revenue Code of 1986. Such des the contributions being excluded from the 1 Federal Income Tax purposes. For all oth such contributions shall be considered to b( B. Method. Such contributions shall be made 1 adopting the City of , is amended by amending , to read as follows: shall be required to make count of Five six percent (3 s withheld by the City on l with the Board at least Member to the Fund shall ursuant to §414(h) of the gnation is contingent upon ' gross income for purposes of the System, Member contributions. by payroll deduction. • SECTION 2: Ordinance No. 655 of the City of O Okeechobee Municipal General Employees' Pension Trust Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, to 1. Normal Retirement Date. A Member's normal retirement date shall be coincident with, or the next following age sixty-five (65) and the of Credited Service or upon the completion of thirty (30) regardless of age. A Member may retire on his normal retiren of any month thereafter, and each Member shall becorne 100 % on the Member's normal retirement date. Normal retirement from employment with the City on or after the normal reti 2. Normal Retirement Benefit. A Member retiring hereunder on or after his no receive a monthly benefit which shall commence on the first day c his Retirement date and be continued thereafter during Membe death, but with one hundred twenty (120) monthly payments gua monthly retirement benefit shall equal I Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date of any month coincident with or next following the later of the a fifty-five (55) and the completion of ten (10) years of Credited under the System is retirement from employment with the C retirement date and prior to the normal retirement date. 2 obee, adopting the City of , is amended by amending as follows: first day of the month :tion of five (5) years of Credited Service t date or on the first day ted in his accrued benefit the System is retirement t date. retirement date shall 's lifetime, ceasing upon inteed in any event. The ro percent (4—.7-5 2 %) of rich shall be the first day inment of age sixty ( Q rvice. Early retirement on or after the early U • 4. Early Retirement Benefit. A member retiring hereunder on his early reti a deferred or an immediate monthly retirement benefit pa normal retirement as follows: date may receive either in the same form as for A. A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date had he continued employment as a General Employee ands all be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by one -fifteenth (1/15th) for each of the first five (5) years and one -thirtieth 1/30th) for each of the next five (5) years by which die commencement of benefits precedes the date which would have been the Member's normal retirement date had he continued employment as a General Em loyer. SECTION 3: All Ordinances or parts of Ordinances in same are hereby repealed. SECTION 4: If any section, subsection, sentence, clai or the particular application thereof shall be held invalid by any or other body with appropriate jurisdiction, the remaining se clauses, or phrases under application shall not be affected thei 3 ict herewith be and the , phrase of this ordinance, Y• administrative agency, , subsection, sentences, • U] SECTION 5: September 30, 1995. That this Ordinance shall become Introduced on first reading this i9day of James ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed on second reading after public hearing this L ATTEST: Bonnie S. Thomas, CMC, City Clerk mebbk%&12.95g.ad 4 James l ive at 12:01 A.M. on 1995 Kirk, Mayor of , 1995. Kirk, Mayor New Old A. Number of Participants Actives 52 52 Retirees, Disabilities, Beneficiaries and Vested Terminations 3 3 Total Annual Covered Payroll $1,042,973 $1,042,973 B. Actuarial Present Value of Projected Benefits 2,417,803 2,153,346 C. Valuation Assets 1,645,428 1,645,428 D. Actuarial Present Value of Prospective Contributions (B)-(C) 772,375 507,918 E. Employer Normal Cost (for current year) 28,827 11,086 As % of Payroll 2.76% 1.06% F. Fiscal Year to which Contributions Apply 10/1/94 to N/A 9/30/95 G. Total Required City Contributions if paid quarterly during the fiscal year shown -in (F) 30,226 11,624 As % of Payroll 2.90% 1.11 % H. Estimate of Required City Contributions for the fiscal year beginning one year after the valuation date, as % of payroll 2.90% 1.11% New Old A. Actuarial Present Value of Projected Benefits Active Members Service Retirement Benefits Vesting Benefits Disability Benefits Preretirement Death Benefits Return of Contributions Total Service Retirees $1 2,094,525 686,275 160,418 47,886 45,417 154.529 $1,475,499 131,968 44,354 35,020 143,227 1,830,068 323,278 323,278 Disability Retirees 0 0 Beneficiaries Receiving Benefits 0 0 Terminated Vested Members 0 0 Total 2,417,803 2,153,346 B. Valuation Assets 1,545,428 1,645,428 C. Actuarial Present Value of Projected Member Contributions 586,501 488,750 D. Actuarial Present Value of Projected Employer Normal Costs: (A)-(B)-(C) 1.85,874 19,168 E. Actuarial Present Value of Projected Covered Payroll 9,775,500 9,775,500 F. Normal Cost Rate: (D)/(E) 1.901% 0.20% G. Annual Payroll of Active Members under Assumed Retirement Age 1,042,973 1,042,973 H. Normal Cost for Benefits: (F) x (G) 19,827 2,086 I. Normal Cost for Administrative Expense 9,000 9,000 J. Total Normal Cost: (H) + (1) 28,827 11,086 0 • ORDINANCE 0679 '4 G AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBE'E, FL; AMENDING CHAPTER 10 ARTICLE I, SECTION 10-16 TO INCLUDE ADDITIONAL OCCUPATIONAL LICENSE CATEGORIES AND FEES FOR SAME; To RE -NUMBER OCCUPATIONAL LICENSE CATEGORIES; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: Chapter 10, Article I, Section 10-16 f the Code of Ordinances of the City of Okeechobee is hereby am nded to read as follows: CHAPTER 10 ARTICLE I SECTION 10-16 LICENSE SCHEDULE The following enumeration of license taxes stall be paid to the city by the persons engaging ill occupations, rofessions, trades, business, and pursuits gamed. The licens tax is to be an annual tax, except as otherwise stated. 100 101 LAWN/YARD/LANDSCAPE $30.00 CONSTRUCTION 200 CONTRACTORS: 201 CONTRACTOR $75.00 202 SUBCONTRACTOR $50.00 300 MANUFACTURING 301 MANUFACTURERS $75.00 302 CEMENT BULK PLANTS $75.00 400 TRANSPORTATION. COMMUNTCATI N_ AND UTILITY SERVICES 401 RADIO/TV STATIONS $65.00 402 SEPTIC TANK SERVICE $50.00 403 TRANSPORTATION: RAIL, BUS & TRUCK $125.00 UTILITIES: 404 ELECTRIC $150.00 405 TELEPHONE $150.00 406 TELEGRAPH $150.00 1107 REFUSE OR TRASH REMOVE CO $150.00 "108 CABLEVISION $160.00 500 501 MANUFACTURED HOME SALE 502 RETAIL SALES - NOT AS PRIMARY BUSINESS RETAIL SALES - PRIMARY BUSINESS: 503 1 - 4,999 GROSS SQ FT 504 5000 - 10,000 GROSS SQ FT 505. 10,00-1 - 50,000 GROSS SQ FT 506 OVER 50,000 SQ FT 507 DEALERS, NEW AND USED (AUTO, BOAT, ETC.) 508 GASOLINE DEALERS, LIQUID PETROLEUM, ETC. 509 GAS PLANTS (BULK) 510 BAKERIES 511 AUCTION SALES 512 FLORISTS 513 ADULT BOOIVVIDEO ENTERTAINMENT 600 601 BARS/LOUNGES/PUBS FOOD SERVICES: 602 1-25 OCCUPANCY 603 26-149 OCCUPANCY 604 150-249 OCCUPANCY 605 >250 OCCUPANCY 606 FAST FOOD SERVICE 607 DELICATESSEN/SNACK BAR 700 FINANCE, INSUl 701 BANKS/SAVING&LOANS/CR UNION 702 FINANCE COMPANIES 710 INSURANCE: 711 EACH COMPANY WRITING 712 EACH AGENT/FIRM 720 REAL ESTATE: 721 REAL ESTATE BROKERAGE 722 AGENT/BROKER, EACH 730 MORTGAGE BROKER: 731 BROKERAGE 732 SALES BROKER, EACH 740 INVESTMENT FIRMS: 741 BROKERAGE 742 AGENTS, EACH 703 ABSTRACT/TITLE COMPANY 704 BUSINESS/MGT CONSULTING $75.00 $25.00 $75.00 $100.00 $150.00 $500.00 $150.00 $100.00 $100.00 $75.00 $150.00 $75.00 $500.00 $375.00 $30.00 $75.00 $176.00 $300.00 $225.00 $50.00 $300.00 $150.00 $75.00 $25.00 $75.00 $25.00 $75.00 $25.00 $75.00 $25.00 $75.00 $50.00 • • 800 SERVICES 801 ADVERTISING 802 ANSWERING SERVICE 803 CAR WASH 804 CATERING BUSINESS 805 CLEAN ING/MAINT/JANITOR SERVICES 806 COLLECTION AGENCY 807 COURT REPORTING SERV 808 DETECTIVE AGENCY 809 DRY CLEANERS 810 EMPLOYMENT AGENCY 811 EXPRESS/SHIPPING COMPANY 812 FUNERAL HOME 813 HEALTH SPAS/EXERCISE 814 JOB PRINTING 815 LAUNDRIES/LAUNDROMATS 816 LOCKSMITH 817 PEST CONTROL SERVICE 818 PHOTOGRAPHY STUDIO 819 REPAIR SERVICE - MISC 820 TANNING BEDS/BOOTI-IS EACH 821 TRAVEL AGENCY 822 PLUS EACH AGENT 823 UPHOLSTERY SHOP 824 WATER TREATMENT SERVICE 825 WRECKER SERVICE 826 VEHICLE REPAIR SERVICE 827 MACHINE SHOP 900 RECREATION F'AC I L I T I E S 901 AMUSEMENT PARK 902 AMUSEMENT PARLOR 903 PER MACHINE ADDITIONAL 904 AUTO VENDING MACH -EACH 905 BOWLING ALLEY 9U6 GOLF COURSE-9 HOLE 907 SECOND 9 HOLES 908 SEPARATE DRIVING RANGE 909 SHOWS/CIRCUS/CARNIVAL-DAILY 910 SKATING RINK 911 THEATER (1 ST SCREEN) 912 EACH ADD SCREEN 913 POOL TABLES (EACH) $75.00 $30.00 $30.00 $35.00 $30.00 $35.00 $50.00 $50.00 $75.00 $35.00 $35.00 $175.00 $50.00 $50.00 $35.00 $35.00 $50.00 $50.00 $35.00 $20.00 $75.00 $25.00 $50.00 $50.00 $50.00 $50.00 $50.00 $200.00 $75.00 $5.00 $5.00 $100.00 $150.00 $75.00 $75.00 $160.00 $100.00 $100.00 $50.00 $20.00 1000 • RENTA LS 1001 AUTOMOBILE /TRUCK/TRAILER 1002 APARTMENT, MULTIPLE ONE STORY DWELLING, TOWNHOUSE & CONDOMENIUMS PLUS PER UNIT CHARGE 1003 EQUIPMENT RENTAL 1004 PUBLIC LODGING PLUS PER BED CHARGE 1005 COMMERCIAL PROPERTY PER UNIT RENTED 1006 WAREHOUSES 1007 MOBILE HOME PARKS PER SPACE (ADDITIONAL) 1009 CLOTHES RENTAL 1010 VIDEO RENTAL 2000 PROFESSIONAL 2001 EACH PERSON HOLDING A PROFESSION LICENSE 2002 HOSPITAL/NURSING HOME 2003 MEDICAL/DENTAL FACILITY 2004 BARBER/BEAUTY SHOPS 3000 NON -CLASSIFIED 3001 AUCTIONEERS 3002 CHILD CARE CENTERS 3003 DANCE HALL 3004 FORTUNE TELLER/PALMIST" 3005 NEWS COMPANIES 3006 PAWNBROKERS 3007 STUDIOS, DANCE/KARATE 4000 ANY OTHER BUSINESS NOT LISTED ABOVE This ordinance shall become effective immediately adoption. Introduced on first reading and set for public het _ day of , 1995. JAMES B. KI ATTEST: BONNIE S. THOMAS, CMC CITY CLERK E $50.00 $75.00 $3.00 $50.00 $25.00 $1.00 $25.00 $30.00 $25.00 $2.00 $25.00 $50.00 $75.00 $90.00 $75.00 $75.00 $75.00 $75.00 $75.00 $500.00 $150.00 $200.00 $50.00 $50.00 upon its ing on this , MAYOR • • Passed and adopted on second reading and public day of , 1995. JAracs E. KII ATTEST s BONNIE S. THOMAS, ChJC CITY CLERK APPROVED AS TO FORM: JOHN R. COOK CITY ATTORNEY aring this , MAYOR � tC I i 0 rt 9 t`ti (ai rt H to n d H 'ti 'ti %d1400 o 0 0 0 7 1 0 , d tt m m m n, v Nttr ��iu7' t7' 1 Ip H n 0 O p. bd :d I I 4• t f I� p p �• r 1�• �-� �� j 1 't1 n n V•1 `t 1n• n in IQ tq dii rt rt o f �, g N n. n, ro ;v ,tj ;t fo tqkl itp �j 0Oh�lb-gyp ~H li rtn 0 ro ro II t n• o u t, i�• O O rt M d E! o x x� I V r•t 1-• wb �b0 0 0 o n do ro ftrt'rno roro0N rt00M rttr rt, WNprtN ct N I.J. rororr.ro rocp0� c to 0 tj t o a. rt m ro rt N m rt0 N O•'U :3 _ F• ro rt O - p flt loll l► 1111M, tA, g q• .q ti t n, 1p Q t j IV M � 1 in12-0 a t r F! >J ro to ro Alr ro t n troii tul Nt f _ `fn O 1�. 1,, rQ fu, p .ctrtn n N MO a (A ro N rt rr 0 O n. I-' n o o t{ ty N to Ii a ro toIMF N n. fA C F-t 0 �r+t N 0. rt tt• ro ft rt ro tr H• I-1•-+ � tt, ro En torob•trtr►iN0ro.4ro as n► 'd t iJ m ro rD ffi ro a rt to ro'i N•po•�•PHMIf p.Ntji� P. 0 t IN IJ 11 n' rt rr M no 0 C n H �D t0 rd to (D• i t� ro N t- A rf rrtt 1-1 rt fl ro rt if f? ro fir" N rt a ro P. 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N N O rt N to If 0 n, td JU rt n 4 0 0 o ro If " rpt >• t4 0 rt r to n, � Nt N• to rt .. N ro eft ro �D 0 to to to 1• F-+ E-7 0 H 0 W • c1 tV of Office of t e City Clerk & Personnel Director MEMORANDUM TO: John J. Drago, City Administrator FROM: Bonnie S. Thomas, City ClerkA. fflt DATE: June 14, 1995 SUBJECT: Agenda Item PIease place an item on the June 20, 1995 Agenda for the Council to discuss closing Southwest 20th Street from 3rd Avenue to 4th Avenue. Attached are seven copies of the application please make sure these copies go to the Mayor, Council, Attorney and yourself since theyare color coded for easier understanding. You do not need to send me a with my agenda since I have the original. copy Your attention to the matter is Thank Youll V n LJ MEMORANDUM TO: Mayor and Council THRU: John J. Drago, City Administrator FROM: Bonnie S. Thomas, City Clerk O� Attached is a Street Closing Application completed by Denny Susan Berger and Gary Ritter. Public Works and Public Utilities are requesting an easement Property owners has agreed to any type of easement (see letter Of the City Clerk & Personnel Director DATE: June 14, 1995 SUBJECT: Street Closing Application No. 46 , Ben Burdeshaw, the entire street. The ched page la). Should Council decide to grant the street closing, a motion wo Id be needed to instruct Attorney Cook to draft an appropriate ordinance and bring ba reading. to the Council for first Your attention to this matter: Ag appreciated) INDICATES STREET RVUESTED TO BE CLOSE INDICATES CLOSED STREETS IN AREA. • INDICATES PROPERTY OWNERS MAKING REQUEST Ben Burdeshaw - Denny Lindauer Susan Berger - Gary Ritter 21 1 2 1 3 1 4 5 - 2— i to fl i 22 23 4 iC { 24 10 9 8 7 6 5 ,1 25 6 ,2 10 26 1 7 27 4 3 2 1 1 2 a 25 5 14 3 T 2 I 1 l 2 2 E IA 2A 3A I aA I SA I BA 7A aA a 2 1 ��il I'Gd`I'F�I 2TL 8,17 5 Na1716 n cijI ,) -,,Z1 6 1 3 1 2 3 J&A cv, .,ge crp- 4 2 3 4 4 f o©moo© Oj0 :�lyl• q/ 1 Odd HE Imp© ml© '00 00 0 © Q Q � Q oa �aa 01© o© ioi� o a A G7 ■ • CITY OF OKEECHOB� STREET OR ALLEY CLOSING APPLICATION Please type or print: The foregoing instrument was acknowledged before me this SIGNATURE OF CO -APPLICANT: who Is personally known to me or who (Al PLICANT) (CO -APPLICANT) Iolo2 produced �L1lb -�-1174 S* ns Identification and who did (did not) take an oath. (TYPE OF IDENTIFICATION) �7 d �J Notary Public, C�&Tmission No. C C� L ,u �(SIGNATURE) �''•'Y'��'�- "OFFICIAL SEAL - Sandra L Putman SANDRA L. PUTMAII _(Na "' i ' It pp"*ig181f"W d) Commission #CC 2QM May 3, 1995 City of Okeechobee 55 S.E. 3rd Ave. Okeechobee, FL 34974 Gentlemen: The undersigned request the closing of the portion of S.W. 20th Street, lying between Blocks 38 and 43, 1st Addition to S uth Okeecho- bee, and Blocks 31 and 32, Woodland Park. This street would have been closed already along with the portion of 20th Street just to the West, but is was felt that access was needed to maintain a ditch located in Southwest 4th Avenue. Access to this ditch is available from the North, also. No construction or other improvements would be placed on the closed street and an easement can be retained for access by the City. We would appreciate your consideration of this matter. anny Lindauer 12000 S.W.3rd Ave. ary Ritter - 1950 S.W. 5th Ave. Jessica Susan Berger - 404 S.W. 21st St. Ben Burdeshawi- 1910 S.W. 3rd Ave. pao�_ / a � ..s Yp;r?�'.`3}'�' .-.1 t ,, �t�"-J�wl',Y:..9 �-.K.., ............Mr- ^ •.v,wt.,.—. _. .. . - ___ 228 ru.:1.MG This in't—meat •+os prepared by: Printed for Lawyers' lisle Guaranty Fund, Orlando, Florida W. L. I1dEMRY F.O. Dr. w 1SJ7 ...r..-r�cnnv.r_ RIDA 114T7 barrarity Bee (STA11110RY FORM—St(1101`1 669.0I F S ) Ip 79 wrtwrrn 11ilia jndrllturr, Made th+ 2lnt day al May . RUTH C. WILSON, formerly RUTH C. ROE . _.._ Stale of - florida grantor', and i of the County of ,Iackso11 ! BENJAMIN E. BURDESOHAW/7 r7 whose pwt olhnr odd,", �+ / V' •JO 1C %Z /��d�t grantee*. of d,e County .1 Okeechobee State of Florida joITnPBHrttj, Ihat xuJ grantor, for and in conuderotion of d+c sum of Ten ---------- ----------- Doll.,+. u�d other good and valuable com�deratiom to unJ grantor in hand paid by said grantee. the rec ip1 whereof is hereby c� oatno..ledgeJ hu+ Pronte•J. ba rgmned and sold to tha• o,d giuntee, and grontee•s hCounty� Florida 1o,wil r, the following .j d--bed land vwute lying and be,nq Okeechobee ' 1S Lots 5 and 6 of Block 38, FIRST ADDITION TO SOUTH OKEECHOBM -according to plat thereof recorded in Plat Book 1 page 17, public records of Okeechobee County, Florida. ALSO Lots 5 and 6 of Block 31, WOODLAND PARK, according to plat thereof recorded in plat Book 2 page 28, public records of Okeechobee County, Florida. SUBJECT to reservations, restrictions and easements of record, if any. title to said land. and will defend the some against the Inwlvl claims al Olt and +aid grantor does hereby fully e,orront the Persons e,hamso 1 Grantor" and prontelare wed for smgvlar or plw.l, os conte.t rea��re Grant., has hoeu^ta sit y-ntor's hand and seal the day and #itnree �8hrrrnf, Gran year first oboe. wnnen .fin Signed sealed and deb,e.ed in oar presence. _ Ruth C `Wi son, forme ly 1 ness�l ✓ Ruth C. Roe ISeoll iS.eli STATE OF FLORIDA COUNrr OF JACKSON r •�^alfy ovvea.rd 1 HERESY CERTIFY that on this day b.1wil m., on effis., dal, aauhhed to rate ockno-4Ju^`�^" RUTH C. WILSON, formerly RUTH C. ROE b.fo.. ^e r6at to m. known to b. the p.rson d..-bed in and v.ho ..-Vl.d Ih. lor.go•ng nttrame r .r•d -1, —I.dged s M ..seated tM sorn. Store ±i/&n of 1o11 ntarewld if"' Hay WITNESS my hand and official _ol in t1w Coach and 1979 Bruner, Cle _ Circuit Court - _R1 COUPM, F MQA o n'•r My ­--One.a—. DC � 228 1 AG c NOTARY SEAL n''l4yii rah i t4r5 . . .sl B D�,WCl-OMCMI tumps paid In the amount of s dst� R 6 0-0 15 LCO 3 ►..d m N.Mb-C 3-28-37-35-0050-00430-0010 o...W. #1 '[tom 0.. m. n inm Wairanty Deed November n& Indenture, Made this 1st day of SHIRLEY KIRTON, is single woman, OBEE wxd Florida DUO R. LINDAAUER and CAROL A. LINDAUEF, his wire, 11994 AD.. Between ,grantor, ..d 2000 S.W 310 AVE. OKIDCHOBEE FL 34974 eeoK .ddMW ic grantees. mute d Florida ' - - . - - dtwC—tyOf OKEECHOBEE --------------------- - �. d the wm d - - ..... - . _ DOU-'NJ , VAtnesseth that th. GRAmlR ror.nd +. � ' —, r eer�ef ------TEN&NO/100(510.00)-------'"-"- ��,o„W�,h.. R in h..e p.W br GRAS FfS, th. 1« iPr - , - • - - mtba to 4RANt'O heirs ..d udV. forever, the loUorinL d�e,sxa !'^�' dtu.u, ..d otlri /� ••d vd..ble coe.ide a,.t<d, b.,ph-d .4 "d W the --W 0"NrEeS md o dd Florida to _ his tme � is � cw.o d OKEECHOBEE LOTS 1 AND 2, BLOCR 4:3fFIRST ADDITION TO SOUTH OKEECHOBPAGE EE' ;HEOFACCORDING To THE PLAT RECORDS OF OREECHOBESCORDED COUNTYINFLORIDAPLAT �R 1, 17, Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1994- F1Li 266695 CLERK CF !:' '. •i?' 1 ud 1* d.(1d tae ..ra..pl" l.`'(d ddr d d pcnoas vYo�' W an p— o.. n W b...b ., ►u Mad ad .W d$ d.7 r/ year M .bow in 8 i Is ow paesm �AAMV l 1 6H 1 sw oraoae, arm or BEB O�WCMMT O� y�rat "M ..V.•�•4N rd°" am dig Ift SVVINMb a � -Oman. .e,. r pr.+r ta....s r °` •h° h" ro°"°�d a.. DRIVERS LICEJ' t re. o..0" .y..•d sr C 7D �ssa�rtsv Yi O anmrwuau"c)o w s tm Ir>. [aamr errs 110X 1211 My a R 3" d November 1p}4 b �W) I Natlsa yy1•(•� .q 4�1 SM- 11,011A 1•� „d t. 11ry0.lt 7135 �i� 3G� �ecE1b06 RAMCO FORM s MIn.Wiss NIa day of December . A. D. tg 89 . by �1115 QUtt" Bud, Frrcvlyd This his wife, pl{ILIP Y. Bt7M __4 J SSICJ► A• BEtGM, a/k/a JESSICA SUSAN BF3tGFR, first party, to j 34973 tr Okeechobee, Florida u•hmr Pos le►hn addrra isP•0. Box 305, �rr�' �� •'.r•.� ��. Jw...A rY'J. ►eY.. MtJ ►steno party: aII..�.r Nr • aua I.rl.d< re.ner ar <wv:s r„yn.r..+� W.h Ar r Na•i�.•r...d rM �<.<rn •.� .wear A <r,...• the �il�llttfSt�l► l tort Ilre said first party. hs• ors<i In eorrsl<irraHon of acknowledged. rl— ho by remise. re - In hand paid by the said second pony. the ,rtyf u•hrnof Is hrrrh� aelenour n,aad ,rhleh party onoer, all the right. lilies interest. claim and dr n dese+ihrel lot• pieta or parcel of land. situate. lying and 6.iM lees and ., Party unto and lodih�lload o f , lo•wll: the sold f lnl party has Ina Slate of Florida In the County of OkeechobeeW-11,�ee Block aF. a and Lots to the Pietlusive thereoffrecorded �r gUeDIV ION, according Florida ° e 28, Public Records of Okeechobee OO�'tY' in Plat Book 2, page '1 c err J Ala It� a (nolRutlpul tft2AO (•akl CMOtli •JYa1l ��r M 0 Also:een 33 of •fit portion of Hicpochee Street situa13t�betreet and 14th Street, ii00MAND PARK SUBDIVISION and beta n a�cording to the map of the City FILED FOR {RECORD L. 99 DEC 21 P:, 214650 4 11 — not ll .I I: i 1;N) Bold er w114 au.ter Leld copular mom �fJ the soma logeth gflsg o► in ar•lwbs apperlatning• and au the rslalr. "it . hrlonllla• Inaasih • seon of the said f Wl pa+ly alllwr In law ar equity. to Ihr only Papa second party la- r• � .. 3U W�4K7� Tlw sold fine party has signed ICU Naiad fhr flnl chew wr114r1. 1aUswad 1 �sence.)apfi-SMIJAS TO 1 appurlrnands Ilssr+ssnla n, MWIy and cwm mhal- fit and b.hoal !1 Iha Mid MaraRb Ike day and year LA I _ , . _. _._ ....._......._ ICA A. BEItGFlt eI%Ia 1TA76 W M CA. miss, so (AtUNTY o/ 10bea I N czaTt dal M dsk day,'lydaaa Ps dfkrr Isar-*Adae1 Ia dsr Haase else—W sad la dss CaaMf " his Wiif JESSICA A. BERM Wet TFS�IG SUSAN BFlbGER, �— �'Ii" ` 1 Y. 81 4""*" {a aaa .r. e,,Moi ,►r larryafssi tassrsraral asa they N"'a at • awnsMa 1Ls saris• % p aay n•' • .St, aIfkw seal fa ,Mr C�aMy sad inM-Vls'al«rwld �sls/ ^ wit 89 • �' Notatry ie lees semi , O A C/ CNd� i6utar v. •w a a.a +i 1 ,, ua Iar Siam Ile• ;00 .0 Mom Imes GNM f ya •p 80I1s;MW if Esquire 1 K a Uus XvId seines 7 by: Robert V. Kesti+edY+ t'1 200 N.E. 4 th Avetxte AslhA v ` a`, f pUsesec obees Florida 34972 J krx .;•.�FLrsi. .a _ semi.. I I �,,o • -322OD P:SE18�8 .� Va too !'his Lutran"t prepared Hyl CST i COY• P.A. 'hOII M. COMIrr III _�...• �, 207 11 V. Ind Street s GbsscJwbee, Tiorida 34972 cA or, L`OC1�M. ' M1tYrn Tat c. 'efo.0/ Mf 4'! Seas as parcel fl Grantees 8.80 266-23-1622 263-39-0257by - -- - -- _ 1aRAA�!! DSiD D M Bads the lot day of Stay , ]►.D., 1991, an and OO�I1Z p, ADO=t his trite, ss,: to as �� •. Avon, gM• III sad >MMG � ttadi1/4 hjA �interestf Ji�B A. Cisitt, A � p, �Z as to an ns$dit►id+d 1/4 ito an and MA= ATUMAYr his wife, as to aa;:nttditdAalt, an ^�. hereinafter called grantors, to •+;J. 1tI1'l'� and, int�srsstrc'��: 1tt�'!ltA, his wife, whose postoffice address is 3630 `` Okeechobee, Florida 34972, hereinafter called the 11.M. 16Sth' Court, grantees front"" lnoluda all the parclae to .mad the bei�.v�np�w tantj.ao and &alga ff Lodl.ldaal., am sera End Essig& o[ tlO°s� antor, for and in consideration of the g8lSSTtt That the ar ; was of $10.00 and other valuable considerations,, llit.; alie t is hereby acknowledged, hereby grants, bang son, releases, conveys and confirms unto the grantee, all that xsmi ' keechobee County, Florida,Plorida, vies certain land situate in O' ' All of Lots 3, `4 and I a Portion of Late 2 and 6,; Slook; 30; slid a portiop o1 the abandoned Night -of -Nay of S.W. 5th 7lvMoio Osowla goalevard), and a portion of abandoned TAIIR, a . S.N. 20th Street (forearly Thirteenth Street). according to the plat thereof as recorded in Plat sock 2. Page 28 } .:, of Oloeeohobee County, Ylorids. ,SOLD9• e ;:.� of � as follows$ ^ , corner of said Lot 5, said oornes being the �i ..c�a NMI11.at the Southeast -of' line of s.N..20th itr+et M .. intersection of the northerly Night Y Night.of-Na limo of S.N. 4th Avenw. ., (50 loot in width) ands i 12'26.2]• N iloo9 a line.`25.00 loot (s0 Lost 1n width), angles �� the osatsrlins of said S.W .'4th Avenue, { < Most of, at right line of }. a distance of 26.26 loot to-tba latsresction with the centsr the now abandoned and vacated )tight -of -flap for said S.N. oath ' street, said intersaotLou being on a curve concave i• tothe Southeast ayY (radial.-luw tbrou9b said ipt�eootloo bears N 16'03.3N) and having a radius of 525.00 feet aeda Central Angle of 29'06.16!1 ,.. wostocl7 along tbs ero of said curv9,.and along w .Theme sCuthorl� and a distanoo of 266.6i feet, to Mo .cesteruce of i.N..oO-t street, paid poist,.lyL on the E_ ansp of'a non-teagant.a$+sve/ G sesboel 1t1S8��1-7ta7 1 of s. N. sth 7►vesmr (70 toot . in . width), thsou0 said Poiltt bfazs i 63*( 12+ s, paid oasve being �•�,�p� �y{.a us tothe llortbuwe�t/.sad having -a radius of 612.77. and a t MNY�o �y Qastpi mQL of of 29'W/; ..' ts,at b Y Asa 4 �, 1 .. - , aad..alon9 said y. 4rS j k j arc o! said Dorn r o! 229.91 a+ • oo~ >) •�' Sum at s N stb Avsow, a distasoe k431 ���a,K.r*, a d!elaeee.o! .1Go.29 feet to the said .West ,• • apQ being the intersection With `'$ ' {li'Y }ies o[i s.f..At► , ; �sadlsl lice tbrw9b said it I d : * .tors... r" paA�fO''s)i iaLd Carve being.a000ays to the �'i.1f0.00 fret and a central Angle of �'�1aM t1r asv of said onrv�, and along said Nast Night -of- . � MaT.1Wr _.distort of 114.40 loot to the POINT Oy MISSING. with all the o tenements, le p ediai� Q s and appastenancss thereto belonging . TO 1LVE AND TO BM , the same in fee simply forever. L .322 rxxIM , satjp, with said grantee that the Covelb the AtW of,, saw, said i�, Am the I"- in f" to�&elj and COUVWX Isi I&W-90472' &utborLty I I* tAo 04W land b" Ik n" tbo tit jbSCOW ft3L),Y We=@ all. -Iswt that t CI&LUS Of bnOnobtancef; i except V-4 ME fr";Og all Iro do tj - tUtIoaW land D000ber 31, 1990- subseqeent to 0&,emonts of V*c rd F it r which and he"by !t� - i signed and sealed MUMON, the said grantor has ten. abve writ tbe" pres"to tj,8 day and year firs ;Vy AWAY itness ys .9 is STan or FLO@=R COUNTr OF COLIEC , MW : W ,,,an officer duly on this day, before aid,. to - I swam CxRTM* A in the -County afor" rAIM A. CIA", asthorized in,the,gtsts afor"aLd air j, p"monally appisk" Z &M 3gW III a>Ad take acknowledgmmm MA JAXBS ATTAKAT .`'�''.jMWCCJL-McCARM-C1A"i;UW wife,, , persons described*-JA an A!rrAW", JaS toEjss known to be the ioLmg� instrument. and they acknowledged befOw emscUtsd L tb& low state as that WA official seal in the County and ;jjVjjWWjMy hand of Xg A.D. 1991. aforesaid this 1st day - WR Z- IN 16 --tassission zzPLX*sI' 4 My 4-4 (F FL t1Y3" jW DEC•12 1992 "f an t `before On' itiaes :bs'County *,s,4or*W"-,-�%0"* jamil JMV i0di ` =701W---th�pervonsdesos Do t_,&Dd th" acknoWjeft"•L g01 In, the ewmty'and state last' my AT:i991- ,ty Co saissioa Ezpi'%esi.-, -N;!. ... .... NOTARY MIC STtTI)ECCI rJ17 1"" Ca"Ss:OM EO I WG UND CL0612 50,MD TI'M WLPAL Joy I,dwy J*-7- 3�08 TYPED NAME & TITLE PHONE NO. AUTHORIZED SIGNATURE 0.KK TYPED NAME & TITLE )ATE PHONE N NAME & TITLE AUTHORIZED SIGNATURE nATG /z/ A ORIZED NATURE DATE Larry Mobley, Police Chief & TITLE APPLICATION APPROVED BY: BONNIE S. T MAS, CMC, CITY CLERK DATE 4V CITY OF OKEECHO TO: Bonnie Thomas THRU: John Dragcr FROM: Wayne Jones MEMORANDUM • C DATE: June 12, 1995 SUBJECT: S.W. 20th. street i cannot recommend Mr. Lindauer's request to close S.W. 2 S.W. 3rd. and S.W. 4th. Avenue. The Utilities Department sewer lines and a 6" force main in this street. These lin S.W. 20th. street between S.W. 5th. Avenue and S.W. 3rd. , Street, between both gravity are located on nue. • u �-9 MEMORANDUM TO: John Drago, City Administrator FROM: Bob Oliver, City Councilmember 7u SUBJECT: Status reports for discussion - Agenda item for Ju DATE: June 15, 1995 Please place my request for Administrator to Council status further discussion at the meeting of June 20, 1995. I wish to recommend the status reports be continued in trial period has ended. Also, I would like to express my Administrator for his efforts on this matter. Thank you, Bob Oliver City Councilman 20, 1995 on the Agenda for ly now that the 90-day is ion to the City E - to INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into by and COUNTY, FLORIDA, a political subdivision of the State of Board of County Commissioners, hereinafter referred to as "G OKEECHOBEE, FLORIDA, a Florida municipal corporatio Council, hereinafter referred to as "City", pursuant to the Florida of 1969 (Section 163.01, Florida Statutes) as of this day WITNESSETH between OKEECHOBEE orida, by and through its my", and THEp CITY OF by and through its City iterlocal Cooperation Act , 1995. WHEREAS, the City has the duty and the power to provide for certain construction, building and planning services for the residents, businesses jurisdiction; and WHEREAS, the City is desirous of providing services at possible consistent with state law and sound construction and pla WHEREAS, the County and the City have the powe building and planning services; and WHEREAS, the County and the City have the power to other governmental agencies within or outside of their resp, performance, or the performance by one unit on behalf of i agency's authorized functions; and and facilities within its the most economical rate fining methodologies; and to provide construction, ter into agreements with :ve boundaries for joint other, or any of either WHEREAS, the Municipal Home Rule Powers Act grants he City all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services except when expressly prohibited by law; and WHEREAS, the County and the City have the authority with other persons to undertake to fulfill some or all of their res the provision of planning and building services; and WHEREAS, on the 15th day of April, 1985, the County interlocal agreement and amended said agreement on the 6th d, Agreement") for the purpose of providing certain unified construct -15384 enter into agreements ve responsibilities for City entered into an of January, 1987 ("First n, building and planning • services to the public for the mutual benefit and efficiency of WHEREAS, both the County and the City have adopts mandated by Chapter 163, Florida Statutes since execution of WHEREAS, the County has adopted Land Developmej is in the process of adopting new Land Development Regulat First Agreement; and WHEREAS, the County and the City desire to enter int Agreement (the "Agreement") which takes into account the C adopted since the First Agreement as well as which identifi he parties; and d Comprehensive Plans as he First Agreement; and t Regulations and the City ins since execution of the a new updated Interlocal inty and City ordinances the relative rights and responsibilities of the parties. 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: SECTION I CONSTRUCTION AND BUILDING SER ICES 1.1 Unified Services THAT there shall continue to be one unified institution for the Administration of Construction and Building Related Services. This institution shall be the Okeechobee County Department of Planning and Development, C de Compliance Division. 1.2 Unified Building Codes THAT as is more particularly described in Section IV below, the standard building codes incorporated by Article VIII of Okeechobee County Ordinance 92-20 (Land Development Regulations), as amended from time to time, shall apply to the incorporated as well as unincorporated areas of Okeechobee County. 1.3 Code Compliance Director. THAT the Okeechobee County Code Compliance Director as defined in Okeechobee County Ordinance 92-20 shall be deemed to be the City of Okeechobee Code Compliance Director with jurisdiction to enforce any construction codes referenced by this Interlocal Agreement, Okeechobee County Ordinance 92-20, as amended from time to time and the enabling legislation described in Section IV below, provided said codes relate to new construction, additions or renovations of buildings and structures. This section shall not be construed to extend or continue County 'urisdict' f enforcement of the Standard Unsafe Building Abatement Code withi: of the City. It is the intent of the parties that said abatement enfc ion or i the incorporated limits �rcement shall be by the • City Code Enforcement Board as more particularly describc d in Section III of this Agreement. 1.4 Development Orders. THAT Part 13.05.00 of Article 13, Okeechobee County Ordinance 92-20 as amended from time to time, shall govern the Administration and issuance of building permits and development orders in the incorporated as well as unincorporated areas of Okeechobee County. Provided however that Section 1 05.02A of Okeechobee County Ordinance 92-20 shall be administered by a person designated by the City Council as more particularly described in Section II of this Agreement. 1.5 Applications for Building Permits and Development Orders. All applications for Building Permits or Development Orders in the unincorporated areas of the County shall originate at the County Department of Planning and Development. All applications for Building Permits or Development Orders within the incorporat d limits of the City shall originate at the City Hall and utilize application forms provided o the City by the County. Upon verification by the City that the application complies wit, or upon satisfaction of enumerated conditions, will comply with all applicable City zoning, planning and land use laws, it shall transmit the original and one copy of the application package together with a written transmittal memorandum which indicates the City approv 1 or conditional approval to the County for building code compliance review and issuance' of the building permit. 1.6 City Development Conditions. THAT following Cit} approval as described in section 1.5 above, all building permits and development orders shall be issued in accordance with Okeechobee County Ordinance 92-20, as amended from time to time and the Standard Codes incorporated into said Ordinance. Where the City r view process results in conditions for approval, it shall state those conditions in the tran mittal memorandum that will accompany the application package to the County. The me orandum shall separate those conditions which must be met before a building permit or development order is issued from those conditions which must be met before the certificate o occupancy is authorized. The development order or building permit shall recite the conditions imposed. The County will not issue a Certificate of Occupancy on a project located within the City until it has been advised in writing by the City that there has been compliance with the conditions previously imposed. 1.7 City Fees. THAT any review fees charged by the City shall be in addition to -153M 3 0 • the standard construction permit fees authorized by County ordinance. The city shall collect any fees that it imposes for either development review or im�act. SECTION II PLANNING SERVICES 2.1 Separation of Planning Services That as the City Council has designated itself as the City of Okeechobee Local Planning Agency and as th County and thc�`City have dissimilar Comprehensive Plans, Plan Amendment Processes, Subdivision regulations and Land Development Codes, it is in the best interest of the parties that the City shall perform its Planning Services for proposed development within the incorporated limits of the City. Accordingly, as of the implementation date, the County Planning Board and Board of Adjustments and Appeals shall no longer review applications for property located within the incorporated limits of the City. That as of the implementation date, the County Department of Planning and Development shall no longer review or approve the site plans, zoning, concurrency, comprehensive plan consistency or the existing or proposed land use of applications for property located within the incorporated limits of the City. 22 Intergovernmental Cooperation. Nothing contained in this section shall be deemed to waive either party's rights and obligations under the Intergovernmental Cooperation elements of the parties' respective Comprehensive Plans or under any provision of Florida Law. SECTION III CODE COMPLIANCE 3.1 Construction Industry. THAT Okeechobee County Ordinance 93-3 (Construction Industry Licensing), as amended from time to lime, shall extend to the incorporated as well as unincorporated areas of Okeechobee County. 3.2 Construction Industry Licensing Board. THAT Sections 12.03.01 and 12.03.05 of Article 12, Okeechobee County Ordinance 92-20 as they relate to the Construction Industry Licensing Board shall apply to the incorporated as well a unincorporated areas of Okeechobee County. 3.3 Separation of Enforcement Activities That as the Cify Council has previously -15384 4 C-] • established a City Code Enforcement Board and as the County and the City have dissimilar codes and regulations, it is in the best interest of the parties that the City shall perform its code enforcement activities. Accordingly, as of the implementation date, the County Department of Planning and Development shall no longer investigate and cite allegations of ordinance or code violations occurring within the incorporated limits of the City that do not relate to new construction, addition or renovation to buildings and struc*res. The County Code Enforcement Board shall no longer review complaints or citations for persons or property located within the incorporated limits of the City. This section shall not be construed to eliminate the jurisdiction of the Construction Indu try Licensing Board or the Code Compliance Director as otherwise described in this Agre ment. SECTION IV ORDINANCES AND JURISDICTIO 4.1 Adoption of County Ordinance. That within thirty (0) days from the effective date of this Agreement, the County shall hold the required public hearings to consider Amending Ordinance 92-20 as amended, to extend jurisdiction tc the incorporated areas of Okeechobee County to the extent described in this Agreement. 4.2 Adoption of City Ordinance. That within thirty (30) d ys from the effective date of this Agreement, the City shall hold the required public hearings to consider Amending Ordinance 660, to the extent that it is inconsistent with the intent of this Agreement. 4.3 Condition Precedent. Approval by both parties of the ordinance amendments described herein shall be a condition precedent to the implementation of this Agreement. 4.4 F_xisting Interlocal Agreement.. The First Agreement entered into on the 15th day of April, 1985 and amended the 6th day of January, 1987 shall remain in full force and effect until the implementation date at which time it shall be dee ned to be superseded by this Agreement. Provided however, should both parties not amend their respective ordinances to permit effective implementation of this Agreement, the notice of intent to terminate as described in paragraph 9 of the First Agreement may be provided by either party irrespective of the July 1st deadline described in said agree ent. SECTION V MISCELLANEOUS -15384 5 • • 5.1 Term and Effective Date. The term of this Interlocal Agreement shall commence upon the approval by both the Board of County ommissioners and the City Council and shall continue for a term of five years and may be renewed for successive five year periods upon approval by both governing bodies. 5.2 Implementation Date. The implementation date shall be October 1, 1995. 5.2 Termination. This Agreement may be terminated for any reasop„ by either party upon not less than ninety (90) days written notice to the other party. 5.3 Recording. A completely executed copy of this Ini erlocal Agreement shall be filed with the Clerk of the Circuit Court in Okeechobee County. 5.4 Obligations 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 any party hereto is not pledged to the payment of any amount due under this Agreement. This Agreement shall not require any party hereto to levy or pledge any taxes whatsoever for the payment of any amount due under this Agreement. 5.5 Relationship of the Parties Except as set forth herein, neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent or local represe itative of the other party, or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. 5.6 Assignment. This Agreement, or any interest herein, may not be assigned, transferred or otherwise encumbered, under any circumstances, by either party without the prior written consent of the other party. 5.7 Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 5.8 Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considers g such provision will not -153& 6 • • apply the presumption or rule of construction that the tern strictly construed against the party which itself or throug prepared the same, as all parties hereto have participated i form of this Agreement through review by their respective c changes in language in any provision deemed unsuitable or i and, therefore, the application of such presumption or ru inappropriate and contrary to the intent of the parties. 5.9 Notices All notices, consents, or other commu or otherwise delivered under this Agreement, except corn of this Agreement be more its counsel or other agent the preparation of the final insel and the negotiation of adequate as initial>X written, e of construction would be ications required, permitted pondence and transmittals relating to specific development orders and permits, shall be in writing and shall be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below: As to County: Board of County Commissioners Okeechobee County, Florida 304 N.W. 2nd Street, Suite 106 Okeechobee, FloridL 34972 Attention: County dministrator With copy to: John D. Cassels, Jr., Esquire County Attorney 400 N.W. 2nd Street Okeechobee, Florida 34972 As to City: City Administrator, City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34972 With copy to: John R. Cook, Esquire City Attorney 202 N.W. 5th Avenue Okeechobee, Florida 34972 Changes in the respective addresses of the parties may 1 by either party by notice to the other party given by mail. Notic this section shall be deemed to have been given five (5) bush mailing; notices and consents given by any other means shall be -]s38d 7 made from time to time given in accordance with >s days after the date of emed to have been given • • when received. 5.10 Incorporation ofAgreements. This document su correspondence, conversations, agreements, or understandi contained herein. Accordingly, it is agreed that no deviation be predicated upon any prior representations or agreements, further agreed that no modification, amendment or alterati, herein shall be effective unless contained in a written bodies of the parties and filed with the Clerk of the Circuit i 5.11 Severability. In the event that any provision of edes all prior negotiations, applicable to the matters n the terms of hereof shall tether oral or written. It is in the terms or♦conditions executed by the governing rt of Okeechobee County. Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree as to such amendments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, impl ment and give effect to the intentions of the parties as reflected herein, and the other pi ,shall, as so amended, modified or supplemented or otherwi remain in full force and effect. IN WITNESS WHEREOF, the Board of County Con County, Florida has caused this Agreement to be executed as of ATTEST: Clerk, Board of County Commissioners .15384 BOARD OF COUNTY C( OKEECHOBEE COUNT, By: CLIF BETTS, CIL (SEAL) APPROVED AS TO FORA CORRECTNESS: COUNTY ATTORNEY 8 isions of this Agreement affected by such action, ioners of Okeechobee date first above written. MMISSIONERS , FLORIDA .AND • I• IN WITNESS WHEREOF, the City Council of the City of OI Agreement to be executed as of the date first above written. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK CITY OF By: E. Florida, has caused this FLORIDA MAYOR (CORPORATE (SEAL) APPROVED AS TO FO PM AND CORRECTNESS: By: CITY ATTORN Y -15M4 9 Jh- .� �,N111NINIIgµ hoard Of County Commissioners ` i9EALi" OkWeChebee Coknty i , 1917 f• tj kRRR C�V June 20, 199r"""`%% John RXook, City Attorney 202 XW, 5tb Avenue Okeechobee, Florida 34972 County Attorney Ciea�a►els & $ost office Box 969 209 N.W. 4th Avenue 0KEECHOHEE,`FLOR DA 34972 ($ I ) 467-6900 • Fax # Oj 3) 763-1931 R E Intetlocal Gas Tax Dear John; The County is in receipt of your letter dated June 16, 1995 regarding The: County Administrator has referred the .letter to me fo e 1 �� InterlocaI Gas Tax. reply. Bid upon your letter, you may have misunderstood the ro al regarding the gas tax distribution. The Coup recognizes P Po made to Mr. Drno parties, the distribution could not be based County lielate a sent agreement of both ..,,,:we made'a proposal further unaware that p posal which would utilize a formula based upon ten years of transportation related expenditures. The "lane mile" wbirhrosalwas merely an a am le of howequitable formula could be derived appropriately' mate ed example relative' mere ; responsibilities of our governments. Despite this discussion, the Coun is complete road agreement that absent an Interlocai Agreement, the a �' omplete the statutory formula. This formula is embodied in pkeechobee would be based upon unty Ordunance.87-10. In regard to your assertion that the, agreed method of recalculation was the year�2008, I believe this is an errot. Ordinance 87-10 extends the jxtended through ally X91 Option Gas Tax until the year of 2008. The succession of Inter mp°SMOn of the en yearly in length and have rha s: ina °�1 A;greements have t year when statutorily, the calculation need be peprfonmed onlecalcvl ted the formula each y at ten year iptefvals. With regard to your assertion that the City has relied in the ast and the existing revenue share, the County invites the Ci to rely ontinues to rely upon percentage: It does not, however, invite you to relyu ty Y on . the correct statutory Gas Tax or `the Ninth -Cent Tax which need notnit be butio of the Constitutional Although, the City can certainly a directly-ap rtioned to the City. Y appeal any reapportionment Commission, I believe you will find that the t the Administrationproposed distribution is an Fiotida law, d comports with ,> W ith kindest regards, I am sincerely, I 0--- E. 11 City of Okeechobee 56 S.E. Third dvarine • 4lp Wwbee, Florida 34974-2932 • 813/?63-3372 June 16, 1995 ai t; Y George Long County Administrator Caunt`y Courthouse Okeechobee, Florida 34972' re: IgterLocal Gas Tax Dear peorge: J. met yesterday with Mr. Drago regarding you Qas tax distribution formula for the upcomin x proposal on -the: Statutg year, es 336.025. under Florida As explained to me,' your schedule represent formul as : (1) the distribution of funds based three Proposed upon five years of transportation related expenditures; distribution of funds based the previous r ,the. upon. respective lat. entity; and (3) the distribution of funds based ten a miles in .sach the rears of trans transportation related ex enditure p expenditures'. Proposals offer a significant reduction previous '. :The.' last `two ' ' revenue. in the Ci Y' a share `of the i Z am placing the County on notice of our proposals to reduce our share 'of the bjeGtion to ,the revenues, w believe is clearly supported by .,the statute. formula which permits the ich objectionz he `dis ribution consideration of lane m newly incorporated muni�ci alities, P 336.025(4)(b) les pertains'to ' statute. Permits recalculation of the proportions this must be based and .while the very ten years, upon the transportation exile immediately preceding five years, 336.025(4)(a). ditures of the .ou.are aware of the' previous resolutions and have established our share of the rdina ' nces.which f revenues,.and tie of recalculation, based upon the iou'sive expeoditu_res, agreed method years which agreements extend throuvh Au us g one area where the City and County have of 3008. Thi is had no an agreement, to the benefit 'of both. The City has these agreements em ire:li d upon as to arrive a.t the revenue share foreach we intend to do so this year. ye' and P..03 GAS TAX DISTRIBUTION ANALYSIS Table I Interlocal Agreement (FY 1994-95) & Resol ution No. 83-22 Constitutional Local Option Ninth Cent 2 cents 6 County Total s ( ) cents 1 cent 1 cent City 141,348 344,927 57, 488 County 782,493 1,099,489 -0- =543,763 183,248 Total (s) 923, 841 25, 403 2,390,633 633 1,494,=±E2 736 25,403 2,934,396 Table 2 Proposed Interlocal Agreemen (Lane Miles Maintained) Constitutional 2 cents Local option 6 Ninth Cent ounty Total(s) cents 1 cent cent City 90,074 190,831 23,472 31,727 County 833,767 1,363,585 217 264 286,104 Total(s) 923,841 293,676 2,648,292 1,444,416 240,736 3 =5,03 12:,934,396 Lane Miles % City County 59.61 9.75 TOTAL 611.41 100.00 Source (lane FY 1993-94. miles): FDOT Form TM -Local Government Mileage Report Table 3 Statutory Formula (1987 Local Option Distribution Constitutional Local Option Ninth Cent County 2 cents 6 cents 1 cent y Total(s) City -0- 274,439 _0_ 0- 274,939 County 923,841 1,169,976 240,736 325,403 2,659,956 Total(s) 923,841 1,444,416 240,736 ' 325,403 12,934 396 Local Option gas tax distribution based upon allocati actual distriubtion(s) for FY 1987-88. Source: Depart Source .for all total gas estimates: Local Government Information Handbook 7/94. n reflected by ent of Revenue. financial /oF OKECy _ City of Okeechobee • 55 S.E. Third Avenue • Okeechobee, Florida 34974-293 0813/763-3372' FAX TR"SAHTT,4L L4gMpx DATE: TO: COMPANY: FAX NUMBER: °7k :� _ FROM: NUMBER OF PAGES INCLUDING THIS PAGE: COMMENTS: CONMENT lI nNOT7CE: The irrfonnation contained in this facsimile message is conftdendal information intended only j ur the use of the individual or named above. If the wader of this message is not the intended mcipkn4 you arse hen entity or copy of this Communication is strictly prOhibitetd I �' notifual that any dissemiirayor; disaibudon telephone and m trn the on ' f you have received lltis corttmurtica[ionerror, please unnusdiatel y 8 massage to us at the above address via the U.S. Postal S y notify us b J ,�/of OKI�rCy = City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932.813/763-3372 rxp*$d,wjf I 4 T�r 7 74. rill ( A (p, �W DATE: TO. - COMPANY: FAX NUMBER FROM: COMPANY NUMBER OF PAGES INCLUDING THIS PAGE: COMMENTS: W VPMENTLanYNOTTC.L�- The information contained in this facsimile message is confidential information intended only j 7r the um of the individual or entity named above. If the reader of this message is not the intended recipient, you are herby �a f or copy of this communiaadon is Strictly prohibited I any &w= dmtdon, ddsbibutdon tel one and f you have rm ved this aommuniaation in r, please i�nn�diatsly // fy by return the original message to us at the above address via the U.S. Postal Sn use Thank you.