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2017-12-191 1 CITY OF OKEECHOBEE DECEMBER 19, 2017, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor December 19, 2017, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Rector Jim Shevlin of the Church of Our Saviour; Pledge of Allegiance to be led by Mayor Watford. III, MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen PAGE 1 OF 8 COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford called the December 19, 2017, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Rector Jim Shevlin of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Captain Rodriguez in attendance) Absent (Major Hagan in attendance) Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. There were agenda. none. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford opened the floor for public comment on matters not on the agenda. There was none. Mayor Watford wished everyone a Merry Christmas and reminded staff of the Christmas luncheon to be held at the Fire Department on Thursday, December 21, 2017, starting at noon. 253 254 DECEMBER 19, 2017 - REGULAR MEETING - PAGE 2 OF 6 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Presentation of Certificate of Appreciation to the City of Okeechobee from Mayor Watford graciously accepted a Certificate of Appreciation on behalf of the City from Regent Letta Jordan of the Okeechobee Chapter of the Daughters of the American Revolution the Daughters of the American Revolution Okeechobee Chapter, which read: "Presented to City of Okeechobee (DAR). in appreciation for your support in preserving the history of The Battle of Okeechobee Historic State Park." B. Promotion of Eric Ward to Public Works Lead Maintenance Operator and presentation of a Five -Year Longevity Service Award. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the November 28, 2017, Regular Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the November, 2017 Warrant Register: General Fund..........................................................................$441,808.98 Other Grants Fund (Community Development Block Grant-TMDL) ..........$ 85,559.68 Capital Improvement Projects Fund ........................................$ 69,169.19 Public Facilities Improvement Fund ........................................$ 17,761.68 Appropriations Grant Fund ......................................................$ 940.66 Vlll. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule - City Planning Consultant (Exhibit 1). On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Eric Ward with an engraved cross pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from December 14, 2012 to December 14, 2017." Mr. Ward was accompanied by his children and wife, Jamie. Director Allen announced that Mr. Ward was recently promoted to Lead Maintenance Operator. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Regular meeting of November 28, 2017; seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member Ritter moved to approve the November, 2017 Warrant Register in the amounts: General Fund, four hundred forty-one thousand, eight hundred eight dollars and ninety-eight cents ($441,808.98); Other Grants Fund (Community Development Block Grant-TMDL Grant), eighty-five thousand, five hundred fifty-nine dollars and sixty-eight cents ($85,559.68); Capital Improvement Projects Fund, sixty-nine thousand, one hundred sixty-nine dollars and nineteen cents ($69,169.19); Public Facilities Improvement Fund, seventeen thousand, seven hundred sixty-one dollars and sixty-eight cents ($17,761.68); and Appropriations Grant Fund, nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Council Member Clark moved to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule; seconded by Council Member O'Connor. 1 DECEMBER 19, 2017 - REGULAR MEETING - PAGE 3 OF 6 255 E AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING CONTINUED AA.b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR— YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1162 by title only 2.a) Motion to adopt proposed Ordinance No. 1162. b) Public discussion and comments. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1163 by title only and set January 16, 2018, as a Final Public Hearing date regarding Land Development Regulation (LDR) Text Amendment Petition No. 17-002-TA to approve the location of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and Central Business District (CBD) zoning districts - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set Final Public Hearing date. Attorney Cook read proposed Ordinance No. 1162 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERARILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1162. City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services addressed the Council explaining that the schedule reflects the Capital Improvement items identified in the Fiscal Year 2017-2018 Budget as well as projections for the next five years. This is an annual requirement. Administrator MontesDeOca added a more detailed scheduled of Capital Improvement items will be addressed, similar to a five year plan, in the future. Mayor Watford asked whether there were any questions or comments from the public. There were none. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Council Member Ritter moved to read proposed Ordinance No. 1163 by title only and set January 16, 2018, as a Final Public Hearing date regarding Land Development Regulation (LDR) Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and Central Business District (CBD) zoning districts; seconded by Council Member Clark. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER —YEA RITTER — YEA CLARK — YEA MOTION CARRIED. 2 DECEMBER 19, 2017 - REGULAR MEETING - PAGE 4 OF 8 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B.1.c) City Attorney to read proposed Ordinance No. 1163 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1163. b) Public discussion and comments. c) Vote on motion. C.1.a) Motion to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-004-SSA, submitted by Agueda Benitez and Ana Campozano, reclassifying 0.65 acres located at 401 Southwest 3rd Street from Single -Family Residential (SF) to Multi -Family Residential (MF) - City Planning Consultant (Exhibit. 3). b) Vote on motion to read by title only. COUNCIL ACTION - DISCUSSION • VOTE Attorney Cook read proposed Ordinance No. 1163 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART BLAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90, SPECIFICALLY ARTICLE 111 DISTRICTS AND DISTRICT REGULATIONS, COMMENCING AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Ritter and Clark to approve the first reading of proposed Ordinance No. 1163. Mayor Watford asked whether there were any questions or comments from the public. There was none. The Planning Board recommended approval by a 4 to 3 vote, after a motion to deny the amendment failed by a 4 to 3 vote. There was a brief discussion on this item among the Council. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER a YEA RITTER — YEA CLARK — YES MOTION CARRIED. Council Member Ritter moved to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-004-SSA, submitted by Ms. Agueda Benitez and Ms. Ana Campozano, reclassifying 0.65 acres located at 401 Southwest 3,d Street from Single -Family Residential (SF) to Multi -Family Residential (MF); seconded by Council Member Chandler. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YES O'CONNOR — YEA RITTER — YEA MOTION CARRIED. 1 DECEMBER 19, 2017 - REGULAR MEETING - PAGE 5 OF 6 257 AGENDA V11. FV5L1C HEARS' 0 FOR ORDINANCE ADOPTION CONTINUED - C.`G.c) City Attorney to read proposed Ordinance No. 1164 by title only 1 2.a) Motion to adopt proposed Ordinance No. 1164. b) Public discussion and comments. C COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Ordinance No. 1164 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AME14DING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE ISO; 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (PPPLICATIOM NO. 17-004-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE fifiAP U4 THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAHILITI ; PROVIDING FOR AN EFFECTIVE DATE.° Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1164. City Planning Consultant, Mr. Bill Brisson, addressed the Council explaining that the Planning Staff and Planning Board, as the Local Planning Agency, reviewed Application No. 17-004-SSA and found it to be consistent with the Comprehensive Plan and recommends approval. The Planning Staff's findings were based on the following information: The maximum standard density in the Single -Family Residential Future Land Use Category (FLUC) is four single-family units per acre. Five units per acre are allowed if the units qualify as affordable housing. The property is occupied by two multi -family structures — one is a two-story, four -unit building and the other is a single -story triplex. These seven dwelling units represent a density of 10.7 units per acre. All seven units are used for residential migrant housing. The current use is inconsistent with the City's Comprehensive Plan because the Single -Family Residential FLUC does not permit multi -family dwellings or densities more than five units per acre. The standard maximum density for residential uses in the Multi -family Residential FLUC is 10 units per acre with 11 units per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the maximum 11 units per acre for affordable housing, it is inconsistent with the density limitation in the Residential -Multiple Family (RMF) Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of Land Development Regulation (LDR) Section 90-77, which allows 11 units per acre for redevelopment of substandard housing thereby implementing the maximum set forth in the Comprehensive Plan. Future Land Use Element Policy 2.1 b states "Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be 11 units per acre." Housing Policy 1.6 refers to the City enforcing its LDR provisions in providing the density bonus. LDR Section 90-77 allows the maximum 11 units per acre only for substandard units that are "cleared and renewed." Therefore, if the change is approved, the property's compatibility with the Comprehensive Plan will be improved in that the type of structure will be consistent. However, the property will remain nonconforming to the density limitation unless the units are determined to be substandard and are replaced. 25 DECEMBER 19, 2017 - REGULAR MEETING - PAGE 6 OF 9 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED C.2.b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - MAYOR IIt 11I►aA;161M*bl A. Acceptance of a utility trailer donated by Total Roadside Services, LLC - City Administrator. COUNCIL ACTION - DISCUSSION - VOTE Policy 2.2 recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The predominant Future Land Use and zoning designations in the immediate vicinity are either Multi -family or Commercial. Multi -family use on the subject property would be compatible with all the existing uses in the immediate vicinity. The proposed change will not result in any traffic increase. The Applicant has included letters from the Okeechobee Utility Authority indicating that water and sewer service is available and there is adequate capacity to accommodate demand. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other much more intensive developments and this proposed change in the Future Land Use designation will not generate additional solid waste. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. Mr. Jeff Sumner and Mr. Carlos Gamez were present on behalf of the property owners and addressed questions pertaining to the property currently being operated as migrant housing licensed through the Florida Department of Health. Mr. Gamez added once the property owners were notified of the LDR issue, they have been diligently working to bring the property into compliance. The owners will also be required to obtain a Special Exception from the Board of Adjustments as the final step to be in compliance. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YES O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:43 P.M. Administrator MontesDeOca explained Mr. Jeremy LaRue, owner of Total Roadside Service, LLC requested to donate a trailer to the City Public Works Department. Mr. LaRue was present and addressed the Council adding the Title transfer paperwork is complete, showing the trailer was a donation to the City. By consensus, the City Council officially accepted the homemade 2005 1,940 pound trailer. The Mayor and Council extended their grateful appreciation to Mr. LaRue. 1 1 DECEMBER 19, 2017 - REGULAR MEETING - PAGE 7 OF 8 259 1 1 1 AGENDA IX. NEW BUSINESS CONTINUED B. Motion to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for the purpose of resurfacing Southeast 3rd Avenue from State Road 70 to Southeast 4th Street - City Administrator (Exhibit 4). C. Motion to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing Southeast 6th Street from Highway 441 to Southeast 6th Avenue - City Administrator (Exhibit 5). D. Discuss Annexation Study for the City of Okeechobee - LaRue Planning and Management, Inc. (Exhibit 6). COUNCIL ACTION - DISCUSSION - VOTE Council Member Ritter moved to adopt proposed Resolution No. 2017-12 approving the Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for the purpose of resurfacing Southeast 3rd Avenue from State Road 70 East (North Park Street) to Southeast 4th Street; seconded by Council Member O'Connor Attorney Cook read proposed Resolution No. 2017-12 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $123,531.00; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERAHILITY, AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YES O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member Ritter moved to adopt proposed Resolution No. 2017-13 approving a SCOP Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing Southeast 6th Street from US Highway 441 South (Parrott Avenue) to Southeast 6th Avenue; seconded by Council Member O'Connor. Attorney Cook read proposed Resolution No. 2017-13 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $54,006.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAEILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YES O'CONNOR — YEA RITTER — YEA MOTION CARRIED. On March 21, 2017, the City Council approved a scope of services for an Annexation Study. The following criteria was used as a basis for identifying potential annexation areas warranting further evaluation: Areas outside the City that are designated Urban Residential Mixed Use on the Okeechobee County Conceptual Future Land Use Map; Areas that can be serviced, at acceptable response times, by the City's Police and Fire equipment and personnel; Areas that receive water and sewer service from the Okeechobee Utility Authority; and property owners, residents, businesses, and customers of which are likely to use City roads as the primary means of access. DECEMBER 19, 2017 - REGULAR MEETING - PAGE 8 OF 8 260 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED D. Discuss Annexation Study for the City of Okeechobee continued. Mr. Bob Franke, AICP of LaRue Planning and Management Services prepared the Annexation Study and reviewed the findings with the City Council. During the initial planning horizon of five years, the annexation would be fiscally neutral and possibly generate a small gain to the City. However, as development progresses in the suggested annexation areas, the long-term fiscal perspective is positive with larger gains, all while being able to maintain essential services. Additional capital facility needs and future revenues will be produced with annexation. A more detailed capital improvements study should be completed prior to annexation. The consensus of the City Council was to bring this item back at a later date as additional time is needed to review the study. No official action was taken on this item. E. Discuss code compliance status of Super Stop Petroleum, Inc. Attorney Cook was contacted by Mr. Masroor Rab, Manager of Fortex Holdings, LLC, property owner of Super Stop located at 510 Northeast Park Street - City Attorney (Exhibit 7). Petroleum, Inc. located at 510 Northeast Park Street. He informed Mr. Rab the code compliance issue was going to be addressed again at this meeting. Over the weekend, Mr. Rab had the property mowed and cleaned up. He has been working diligently with the Florida Department of Environmental Protection Petroleum Restoration Program in Tallahassee on the soil contamination issues. This item was previously addressed at the September 19, 2017, meeting. Mayor Watford recommended the City continue to monitor the situation as the property owner is making some progress on the contamination issue and has made an effort and responded to the City's request. The Council agreed. A status report is to be provided to the Council in 60 to 90 days. X. ADJOURNMENT - Mayor There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:54 P.M. The Please take notice and be advised that when a nets 1n decides to AnnPa1 Anv riprigion made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. next regular scheduled meeting is January 16, 2018. A ATTEST: Dowling R. Watf d, Jr., Mayor AU l Lane amiotea, CMC, City Clerk I 1 1 - Okeecho 107 SW 17th 1 ANDEPENDENT Okeechobee, 63 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County Florida, Shat the attached copy of advertisement being a Pa t" N r-k u in the matter of N�.i.' j-'" -f> in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of iAI {XI'7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /< <-y�- Katrina Elsken Sworn to and subscribed before me this 1 5f day of .--C�il���t J—QIri AD Notary Public, State of Florida at Large ANGIEBRIDGES W COMMISSION # FF 976149 EXPIRES:AprIl 20, 202D ;o '.7iFO 1F, OP: TM: pyyu. UNdIiM brs 10 f' ews L t, Suite D a 34974 ; 91 1 WC, PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Dec. 5, 2017, Oty of Okeechobee Ury Councll Meeting has been cencelied. The next regular Oly Cound1 meeting w111 be held on Tue Dec 19, 2017, 6:00 p,m., or as soon there after asThe blpic {tile, at Gry Hall, 55 SE 3r ve, R. 2 Okeechobee, Florida. tamed from dtyofokeechobee.comgoorr by caed tD lllling the Office of the �City Ad- minlstralor, 863-763-3372 exL 9812. ANY PERSON DECIDING TO APPEAL anY dedsion made W the Gty council witlr respell to airy matter considered at this meetlng will need to ensure a verbatlm record of theproceedingIs made and the record Includes the testirmny and evldencezn whit B the ap AD ill be pied. In acc a dance wRh the Amerkares disability as defined by the ADA, that needs al acoommodatlon m =n this prior proceeding, proceeding, 8the763 3372 es Office no later than two BE ADVISED that should you Intend to show any document, pkWre, 0100 or items to the Goundi in support or opposition to anY � on mtle a wpy of the docoment, picbrre, video, or Item MUST City perk for the Gty's records. By Mayor Dowling R. Watford, Jr. 483287 ON 12/1/2017 1v Co i CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 DECEMBER 19, 2017 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER — Mayor: December 19, 2017, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rector Jim Shevlin Church of Our Saviour; Pledge of Allegiance led by Mayor Watford III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. r V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Presentation of Certificate of Appreciation to the City of Okeechobee from Okeechobee Chapter DAR. B. Promotion of Eric Ward to Public Works Lead Maintenance Operator and presentation of a Five -Year Longevity Service Award. VI. MINUTES — City Clerk A. Motion to approve the Summary of Council Action for the November 28, 2017 Regular Meeting, WARRANT REGISTER — City Administrator A. Motion to approve the November 2017 Warrant Register. General Fund $441,808.98 Community Development Block Grant Fund (TMDL Grant) $ 85,559.68 Capital Improvement Projects Fund $ 69,169.19 Public Facilities Improvement Fund $ 17,761.68 Appropriations Grant Fund $ 940.66 OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1162 by title only. 2.a) Motion to adopt proposed Ordinance No. 1162. b) Public comments and discussion. c) Vote on motion. December 19, 2017 PAGE 2 oF4 e VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B.1.a) Motion to read proposed Ordinance No. 1163 by title only and set January 16, 2018 as a Final Public Hearing date regarding LDR Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts — City Attorney (Exhibit 2). b) Vote on motion to ready by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1163 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1163. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17- 004-SSA, submitted by Agueda Benitez and Ana Campozano, reclassifying 0.65 acres located at 401 SW 3rd Street from SFR to MFR — City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1164 by title only. 2.a) Motion to adopt proposed Ordinance No. 1164 b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING December 19, 2017 PAGE 3 oF4 December 19, 2017 PAGE 4 OF4 IX, NEW BUSINESS A. Acceptance of a utility trailer donated by Total Roadside Services, Inc. — City Administrator B. Motion to approve FDOT State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for the purpose of resurfacing SE 3rd Avenue from SR 70 to SE 4th Street — City Administrator (Exhibit 4). C. Motion to approve FDOT State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing SE 6th Street from US 441 to SE 61h Avenue — City Administrator (Exhibit 5). D. Discuss Annexation Study for the City of Okeechobee — LaRue Planning and Management, Inc. (Exhibit 6). E. Discuss code compliance status of Super Stop Petroleum, Inc. located at 510 NE Park Street — City Attorney (Exhibit 7). X. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, December 19, 2017 Meeting Minutes taken during the meeting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on December 19, 2017, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was offered by Rector Jim Shelvin of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Watford. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda? B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. No cards were submitted. Employee Christmas Luncheon on Thurs V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Presentation of Certificate of Appreciation to the City of Okeechobee from Okeechobee Chapter DAR. Mayor Watford accepted a certificate of appreciation from the Daughters of the American Revolution Okeechobee Chapter B. Promotion of Eric Ward to Public Works Lead Maintenance Operator and presentation of a Five -Year Longevity Service Award. On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Eric Ward with an engraved cross pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from December 14, 2012 to December 14, 2017." VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the November 28, 2017, Regular Meeting. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Regular meeting of November 28, 2017; seconded by Council Member Clark. There was no discussion on this item. VOTE: Page 1 of 8 WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VI. WARRANT REGISTER — City Administrator A. Motion to approve the November, 2017 Warrant Register. General Fund Community Development Block Grant Fund (TMDL Grant) Capital Improvement Projects Fund Public Facilities Improvement Fund Appropriations Grant Fund $441,808.98 $ 85,559.68 $ 69,169.19 $ 17,761.68 $ 940.66 Council Member Ritter moved to approve the November, 2017 Warrant Register in the amounts: General Fund, four hundred forty-one thousand, eight hundred eight dollars and ninety-eight cents ($441,808.98); Community Development Block Grant Fund (TMDL Grant), eighty-five thousand, five hundred fifty-nine dollars and sixty-eight cents ($85,559.68); Capital Improvement Projects Fund, sixty-nine thousand, one hundred sixty-nine dollars and nineteen cents ($69,169.19); Public Facilities Improvement Fund, seventeen thousand, seven hundred sixty-one dollars and sixty-eight cents ($17,761.68); and Appropriations Grant Fund, nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:10 P.M. A.1.a) Motion to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule - City Planning Consultant (Exhibit 1). Council Member Clark moved to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule; seconded by Council Member O'Connor. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1162 by title only. Attorney Cook read proposed Ordinance No. 1162 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1162. Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1162. b) Public comments and discussion. Brisson, nothing to add from the first reading, glad to answer any questions. Watford, planning board recommendation? Yes, on November 16, 2017, voted unanimously to recommend approval. Clark how would the annexation projects effect this five year plan? Its done annually so would be updated next year. Page 2 of 8 Ritter, looking forward to this, public as well, one might be helpful where is the sidewalk location and drainage area that are listed on here, a map to show the area? MDO — like to drill it down more specific like that, we do them budget to budget only at this time, but want next update to be more specific like that. Mayor Watford asked whether there were any questions or comments from the public. None. c) Vote on motion. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. B.1.a) Motion to read proposed Ordinance No. 1163 by title only and set January 16, 2018, as a Final Public Hearing date regarding Land Development Regulation (LDR) Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and Commercial Business District (CBD) zoning districts — City Attorney (Exhibit 2). Council Member Ritter moved to read proposed Ordinance No. 1163 by title only and set January 16, 2018, as a Final Public Hearing date regarding Land Development Regulation (LDR) Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and Commercial Business District (CBD) zoning districts; seconded by Council Member Clark. b) Vote on motion to ready by title only and set final public hearing date. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 1163 by title only. Attorney Cook read proposed Ordinance No. 1163 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90, SPECIFICALLY ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1163. Motion and second by Council Members Ritter and Clark to approve the first reading of proposed Ordinance No. 1163. b) Public comments and discussion. Planning recommended approval by a 4 to 3 vote. Mayor Watford asked whether there were any questions or comments from the public. None. Ritter — planning board discussion? Majority were adamant they did not want it in the City. O'Connor — other cities have voted it down and will not allow them to operate in the cities, want to do the same. Watford — state legislature has taken all home rule power away from the cities, agree with the philosophical argument, if it could be filled as a regular prescription it would be regulated much better. If we had better control of it like that then it would Page 3 of 8 be better for the city, don't want to see this as another pill mill. Lake Worth opened one across from a Charter School, Don't think I can support having them. O'Connor — there's nothing we can do if they can operate as a permitted use. MDO Noel — recreational drug sells be done there as well? Don't know. Lot of money behind this. C) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C.1.a) Motion to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-004-SSA, submitted by Agueda Benitez and Ana Campozano, reclassifying 0.65 acres located at 401 Southwest 3rd Street from Single -Family Residential (SFR) to Multi -Family Residential (MFR) — City Planning Consultant (Exhibit 3). Council Member Ritter moved to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-004-SSA, submitted by Agueda Benitez and Ana Campozano, reclassifying 0.65 acres located at 401 Southwest 3rd Street from Single -Family Residential (SFR) to Multi -Family Residential (MFR); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 1164 by title only. Attorney Cook read proposed Ordinance No. 1164 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (APPLICATION NO. 17-004-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1164 Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1164.. b) Public comments and discussion. Brisson, presented Planning Staff's findings. Currently approved by the Health Department as a migrant house, but not by special exception from the City, FLU map is also required to make zoning consistent, as required by the State. Surrounding properties description. Page 6 noted, Page 7 and 8 noted Planning Staff is recommending approval as it meets the requirements. O'Connor has all the makings of a labor camp or a migrant camp gong from Single family to multi family that doesn't sit well, there will be issues. Bill the Planning Board also recommended approval. The special exception would have to be approved by the Board of Adjustment to operate after the land use is approved. Ritter how do we stop it from operating if it was already in operation? Watford yes we have to consider it and vote on it, consider the land use only, not the use. O'Connor — why didn't code enforcement shut them down. Page 4 of 8 Applicant submitted application to change it. MDO — health department first time ever provided us with a list of existing facilities. We put them all on notice on the list if they didn't have special exception. This owner is the only one that came in to come into compliance. This has been a continual item since I've been here and Fred continues to work on this. Watford — if the health the department issues a state facility license wouldn't you think they are going to operate a facility. MDO — SW 3rd has one, no one has been willing to sign on the code enforcement citation. Watford - appreciate Mr. Benitez to come before us and bring his facility into compliance. I have one by my house that no longer has a health dept license and I understand they didn't issue as many any longer. We need to do what we can to make sure all these properties are in compliance by the city. MDO — agree but when theres no compliants, property is in compliance its hard to prove they are operating as a migrant facility. O'Connor labor camps in the city will not help clean up the city. Watford — takes only one hearing„ 31 days if no objections its approved. Publiic? None Applicant? Only to answer if theres questions. Watford remember this is just land use. Special exception up to the board of adjustment. Applicant want to do whats right and don't punish us for doing the right thing. are as follows: The existing use is inconsistent with the City's Comprehensive Plan as the SF residential FLU Category does not permit multi -family dwellings or densities more than five units per acre. Regarding future development potential as MF residential, the standard maximum density for residential uses in the MF residential FLU category is 10 units per acre with 11 per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the 11 units per acre maximum for affordable housing, it is inconsistent with the density limitation in the RMF Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of Florida Statute 90-77 which allows 11 units per acre for redevelopment of substandard housing, thereby implementing the maximum set forth in the Comprehensive Plan. The application may be consistent with the City's Comprehensive Plan, specifically Policy 2.1 b should the change be approved as the property's compatibility with the Comprehensive Plan will be improved in that the type of structure will be consistent with the Comprehensive Plan. However, the property will remain nonconforming to the density limitation unless the units are determined to be substandard and are replaced. The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element as the multi -family use on the subject property would be compatible with all existing uses in the immediate vicinity. Properties to the immediate North of the subject property are designated Commercial and MF residential on the FLUM, zoned RMF and Heavy Commercial (CHV) and developed as a restaurant and multi -family building. The property to the East is designated MF residential, zoned RMF and is a single family home. The properties to the South are designated SF and MF residential on the FLUM, zoned RMF and developed as a daycare. The block to the West is designated SF residential on the FLUM, zoned RMF and is the site of First Baptist Church Recreational Outreach Center. With seven multi -family units currently on the property and no ability to increase this number, the proposed change will not result in any traffic increase. The continuation of one form or another of seven residential units is unlikely to result in any significant increase in demand for water or sewer. The applicant has included letters from the Okeechobee Utility Authority indicating that the water and waste water service is available and there is adequate capacity to accommodate demand. Again the continuation of the seven residential units is unlikely to result in any significant increase in solid waste generation. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. c) Vote on motion. Page 5 of 8 WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:44 P.M. IX. NEW BUSINESS CLARK — YEA MOTION CARRIED. A. Acceptance of a utility trailer donated by Total Roadside Services, Inc. — City Administrator MDO — title cleared by Total Roadside, just Photo with Jeremy presenting the title to the public works director in front of the trailer. Jeremy — want to give back to the city. By consensus, the City Council officially accepted the homemade 2005 1940 pound trailer B. Motion to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for the purpose of resurfacing Southeast 3rd Avenue from State Road 70 to Southeast 4th Street — City Administrator (Exhibit 4). Council Member Ritter moved to adopt proposed Resolution No. 2017-12 approving the Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for the purpose of resurfacing Southeast 3rd Avenue from State Road 70 to Southeast 4th Street; seconded by Council Member O'Connor Attorney Cook read proposed Resolution No. 2017-12 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $123,531.00; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C. Motion to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing Southeast 6th Street from Highway 441 to Southeast 6th Avenue — City Administrator (Exhibit 5). Council Member Ritter moved to adopt proposed Resolution No. 2017-13 approving a Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing Southeast 6th Street from Highway 441 to Southeast 6th Avenue; seconded by Council Member O'Connor. Attorney Cook read proposed Resolution No. 2017-13 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $54,006.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA Page 6 of 8 O'CONNOR — YEA RITTER — YEA MOTION CARRIED. D. Discuss Annexation Study for the City of Okeechobee — LaRue Planning and Management, Inc. (Exhibit 6). Mr. Bob Franke, AICP of LaRue Planning and Management Services prepared the Annexation Study and reviewed the findings with the City. Block Group BG 1 and 5 are ASA 1 Block Group BG 2 and 3 are ASA 2 Data collected list: population households businesses land Demographic snapshots by census tract numbers. Implications of annesing or not annexing: efficient use of ladn finaicla equity fo region tax base. Frequent to objections to annexations: property ownership, taxes and other costs, uilites and street paving, land use regulations. Back to direction by city council, infrastructure and land use, urban and county future land use. All yellow is county urban area mixed use. City's FLU. Corridor at the south city limits that would be conflicts between the two land uses (areas o fpotential land use conflict). There should be some buffering between the city and county limits. Ritter you have some agriculture uses in the area there. Tried to pull those out in this study because it brought the impacts downs. Clark ???? There's both in the County. Fire service and EMS rates. Water and sewer percentage covered in annex map areas. FDOT roadway improvements work plan 2017-2020. Estimated revenues for FY 2017 if both ASA 1 and 2 had been part of the City..... $ Scenario 2 map portions of study area 1 and study area 2. Both scenarios meet the statute requirement, but 2 seemed to be more likely to develop due to its proximity to Parrott Avenue and less residential areas. Comparing monies between the two. Conclusions: findings 1, 2 and 3 (insert from study) Steps to go forward, transition period, revenues and costs. Clark — coverage for sewr and water % what lines are there now? Correct. Maps from OUA based on the lines in the ground now. Discrepancy might be with not having mandatory hook up since the county doesn't have it. Ritter — taxing questions might be beyond what this study does, if I'm one of the county residents to be annexed my taxes wont change? No the county portion wont, but the amount will increase as they now have to pay the city taxes. What amount would they pay, that's not in here? Whatever the current city millage is at that time. But you have statesments .... These people would pay the city taxes plus the county wide taxes? Not knowing if they have debt service or bond issue, etc. same as every other owner. Then we get to the fire, the implementation of fire and police with the additional properties there will need one additional police and fire personnel. Ritter and that's where I want to go because that would be a tax savings to a property owner. Watford, yes. Franke, didn't know what the fire service would be. Surprised you didn't' look north of 70? Would like to see how that would have worked out. Did look but those areas don't have the potential of growth like the south side does. MDO is this something the city council wants to pursue. Do you want to more forward. Expand our boundaries that we haven't looked at before. We can look at the specifics from here. Page 7 of 8 Watford — I like the idea of two elections, pg 41 ..... that FS section would not apply. O'Connor — if goes to the lake add how many police and fire? One for each. Watford ASAs didn't understand what they were, having a little bit better understanding. We need of digest this some before we make any decision. Now that the public has an idea of what we're considering, gives both an opportunity to consider the issue also. If I were a business person in that area my initial reaction may be the same thing. There may be some savings to the commercial properties that may be something to look at and better size wise which is our advantage in the city now. Give them time to give us comments. Give ourselves time to digest this to a date in the future. MDO — millage would go down naturally by expanding the numbers of owners. Per capita expenses would go down considerably. Clark did the city council feel in the environment those residents would vote for annexing or did we just look at this for our future. Watford for our future and commercial realizing savings. If they reside in the annexation area they could vote. Clark — my main concern is the OUA hook ups. Watford whats councils pleasure? Noel wait lot to look into even maintenance issues in this area. Watford give time to think on this, reschedule for future meeting to see if we want to proceed. Clark — need to have OUA representative here to show where they're lines are proprosed tand work with them on this. E. Discuss code compliance status of Super Stop Petroleum, Inc. located at 510 Northeast Park Street — City Attorney (Exhibit 7). John was in touch with them again last week, robin downloaded email today, final assessment report from Tally environmental study passed, favorable report from the experts, expected to be approved by the state by thanksgiving, deligently pursuing this, need Tally to sign off. Let him know Mayor concerned about how it looked. Over the weekend he sent a crew out and mowed it and cleaned it up, nothing can do with the building. MDO wants to see something in writing to confirm thse people are serious. MDO — they could be doing other things to speed this up. The lot, internals excavating could be done to make the property look better. Watford looks like they are making some progress, they did send some people out to clean it up, does look better, making an effort and responded to our request, sympathize with the lengthy clean up process, said it was going to be back on the agenda and wanted it back on there in the time period said when discussed it. Hopefully when they get their approval they will get it renovated or sell it. Continue to monitor it. Ritter important that we move forward on this and the others. Recently hired new street sweeper, more people in town now, suspect things will get more cluttered, jobs a little more difficult. Been to Walgreens and CVS recently, their parking lots and landscaping needs to be. Cook they aren't happy with the landscaping, managers. Ritter two large anchor stores at the main intersection and should look the best. Watford — and the city has sent letters to corporate — Cook yes. X. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:54 P.M. Page 8 of 8 City of Okeechobee, December 19, 2017 Meeting Minutes taken during the meeting by Bobbie Jenkins CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on December 19, 2017, at -U., W P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. sheqhri OPENING CEREMONIES: The invocation was offered by Rector Jim Daw4, c , ;the Pledge of Allegiance was led by Mayor Watford. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos MontesDeOca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Present Present Present Present Present Present -mot Abs P k e4f Wn U-IL in Ott da�ncc� &.sue-AbV6 a !F a ' rY) 01A�dowe, Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda? Ob B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. None/ IN ash �bW � qOl� O n K� �, U @ �oo►� V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Presentation of Certificate of Appreciation to the City of Okeechobee from Okeechobee Chapter DAR. Pjj!4*6k" 490y or -Hy DAR B. Promotion of Eric Ward to Public Works Lead Maintenance Operator and presentation of a Five -Year Longevity Service Award. On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Eric Ward with an engraved cross pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from December 14, 2012 to December 14, 2017." dgdwax,�0' b /W"f 6lik, Page 1 of 13 VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the November 28, 2017, Regular Meeting. Council Member MU moved to dispense with the reading and approve the Summary of Council Action for the Regular meeting of November 28, 2017; seconded by Council Member There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA � JTVIO) ION CARRIED. VI. WARRANT REGISTER — City Administrator A. Motion to approve the November, 2017 Warrant Register. General Fund $441,808.98 Community Development Block Grant Fund (TMDL Grant) $ 85,559.68 Capital Improvement Projects Fund $ 69,169.19 Public Facilities Improvement Fund $ 17,761.68 Appropriations Grant Fund $ 940.66 Council MemberOn 0 4moved to approve the November, 2017 Warrant Register in the amounts: General Fund, four hundred forty-one thousand, eight hundred eight dollars and ninety-eight cents ($441,808.98); Community Development Block Grant Fund (TMDL Grant), eighty-five thousand, five hundred fifty-nine dollars and sixty-eight cents ($85,559.68); Capital Improvement Projects Fund, sixty-nine thousand, one hundred sixty-nine dollars and nineteen cents ($69,169.19); Public Facilities Improvement Fund, seventeen thousand, seven hundred sixty-one dollars and sixty-eight cents ($17,761.6.8); and Appropriations Grant Fund, nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Member . There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA TION CARRIED. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor at lU P.M. A.1.a) Motion to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule - City Planning Consultant (Exhibit 1). Council Member Mo." moved to read proposed Ordinance No. 1162 by title only regarding Comprehensive Plan Text Amendment updating the Capital Improvement Element (CIE) Five -Year Schedule; seconded by Council Member Md. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK -YEA- O'CONNOR — YEA RITTER — YEA �MlON CARP.IED. c) City Attorney to read proposed Ordinance No. 1162 by title only. Attorney Cook read proposed Ordinance No. 1162 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1162. Page 2 of 13 Motion and second by Council Members L and a to adopt proposed Ordinance No. 1162. b) Public comments and discussion. b, I ( I�triSsonI PIS - r�gU�,�e�Y�,nf of FS 1 �3 ��sisflf Gl/l�l lad NnSISIMI U114�,drl m�- Moo- Now kh io X w4a in Pr ss t maer a lc& nave d*d� c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLA — O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 3 of 13 B.1.a) Motion to read proposed Ordinance No. 1163 by title only and set January 16, 2018 as a Final Public Hearing date regarding LDR Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and Commercial Business District (CBD) zoning districts — City Attorney (Exhibit 2). Council Member UF\ moved to read proposed Ordinance No. 1163 by title only and set January 16, 2018 as a Final Public Hearing date regarding LDR Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light Commercial (CLT), Heavy Co ercial (CHV), Industrial (IND) and e cnIa nBusiness District (CBD) zoning districts; seconded by Council Member l b) Vote on motion to ready by title only and set final public hearing date. VOTE: WATFORD — YEA CHANDLER — YEA ,LARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 1163 by title only. Attorney Cook read proposed Ordinance No. 1163 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90, SPECIFICALLY ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1163. Motion and second by Council Members and M to approve the first reading of proposed Ordinance No. 1163. b) Public comments and discussion. Planner Brisson briefly referenced his memorandum dated November 8, 2017, and explained that each year the City is required to update its Five -Year Schedule of Capital Improvements in the Capital Improvements Element of the Comprehensive Plan. This Schedule typically includes those capital expenditures the City Administrator feels are necessary to maintain the adopted Level of Service Standards identified in the Comp Plan. These usually deal with public works types of improvements such as street paving, sidewalks, curb and gutter, stormwater/drain age, and recreation improvements. The City is also required to include in its Five -Year Schedule, the Okeechobee County School Capacity Program adopted by the School Board each year as part of its annual work plan. His recommendation is to amend the CIE with page 3 of Exhibit A which would replace pages 9-7 and 9-8 of the current CIE and page 4 of Exhibit A would replace the former Okeechobee County School District Capital Facilities Plan, which the City is also required to include in its annual update. Page 4 of 13 b) Public comments and discussion continued. P v6k q- aAm MO - T �n Or ordud s "sMa& vow douin prov/Ad uK(� -10 lad ti wow UK" Offx`'Pd. K�6y, ���� orf Mid ua�a as a rnJulaf� .lout sla1�e 00,,q t0 JX �ssrn- ��' rQa-�tm�p c� � a4 JA hK - YViP WI�YPsd1n��r� mi�o- ra�uRcc�,a� �o �� i� �,,, � ►)era' ? No N�- dw ass P p� � gel► rQcra�o�, ma��,�a�., c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA --MOTION—CARRIED� Page 5 of 13 C.1.a) Motion to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-004-SSA, submitted by Agueda Benitez and Ana Campozano, reclassifying 0.65 acres located at 401 Southwest 3rd Street from Single -Family Residential (SFR) to Multi -Family Residential (MFR) — City Planning Consultant (Exhibit 3). Council Member a moved to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17-004-SSA, submitted by Agueda Benitez and Ana Campozano, reclassifying 0.65 acres located at 401 SouthW�s� 3rd Street from Single -Family Residential (SFR) to Multi -Family Residential (MFR); seconded by Council Member b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA TION CARRIED. c) City Attorney to read proposed Ordinance No. 1164 by title only. Attorney Cook read proposed Ordinance No. 1164 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (APPLICATION NO. 17-004-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1 Motion and second by Council Members Kb— and b) Public comments and discussion. SIak o� Faao n0 Q� �Pco ,(J Planning Staff's findings are as follows: The current use is inconsistent with the City's Comprehensive Plan as the SF residential FLU Category does not permit multi -family dwellings or densities more than five units per acre. Regarding future development potential as MF residential, the standard maximum density for residential uses in the MF residential FLU category is 10 units per acre with 11 per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the 11 units per acre maximum for affordable housing, it is inconsistent with the density limitation in the RMF Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of Florida Statute 90-77 which allows 11 units per acre for redevelopment of substandard housing, thereby implementing the maximum set forth in the Comprehensive Plan. The application may be consistent with the City's Comprehensive Plan, specifically Policy 2.1 b should the change be approved as the property's compatibility with the Comp Plan will be improved in that the type of structure will be consistent with the Comp Plan. However, the property will remain nonconforming to the density limitation unless the units are determined to be substandard and are replaced. The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element as the multi -family use on the subject property would be compatible with all existing uses in the immediate vicinity. Properties to the immediate North of the subject property are designated Commercial and MF residential on the FLUM, zoned RMF and Heavy Commercial (CHV) and developed as a restaurant and multi -family building. The property to the East is designated MF residential, zoned RMF and is a single family home. The properties to the South are designated SF and MF residential on the FLUM, zoned RMF and developed as a daycare. The block to the West is designated SF residential on the FLUM, zoned RMF and is the site of First Baptist Church Recreational Outreach Center. Page 6 of 13 Tanta -Shl+-+-s With seven multi -family units currently on the property and no ability to increase this number, the proposed change will not result in any traffic increase. The continuation of one form or another of seven residential units is unlikely to result in any significant increase in demand for water or sewer. The applicant has included letters from the Okeechobee Utility Authority indicating that the water and waste water service is available and there is adequate capacity to accommodate demand. Again the continuation of the seven residential units is unlikely to result in any significant increase in solid waste generation. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. MO- Migrant �,arnpp ibill j: MF cask) a"a � ��- Pb r�eomm did un�n�m�usl r Feu sfa�k has a fIF Q s aJ 4 elk- ai ay s you_ PS PaM W �azhM* AV M� A4��4 /W 'I&Md VA7'd u Th two . Y�CI 1 Mid qr. JQw Sww was P(w& c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA OTION CARR CLOSE PUBLIC HEARING AT P.M. Page 7 of 13 IX. NEW BUSINESS A. Acceptance of a utility trailer donated by Total Roadside Services, Inc. — City Administrator M Db- IkM �9 �ur�d cd Md �k 16 G uz -/V uo at&p� l Page 8 of 13 B. Motion to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for the purpose of resurfacing Southeast 3rd Avenue from State Road 70 to Southeast 4th Street — City Administrator (Exhibit 4). Council Member 69 moved to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $123,531.00 for teurpose of resurfacing Southeast 3rd Member M Avenue from State Road 70 to Southeast 4th Street; seconded by Council b. Attorney Cook read proposed Resolution No. 2017-12 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $123,531.00; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." `-�AdoPt khtho Za17-12 t� WMtr� VOTE: WATFORD — YEA CHANDLER — YEA CL O'CONNOR — YEA RITTER — YEA M TION CARRIED. Page 9 of 13 C. Motion to approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing Southeast 6th Street from Hiqhwav 441 to Southeast 6th Avenue — City Administrator (Exhibit 5). Council Member moved o approve Florida Department of Transportation (FDOT) State -Funded Small County Outreach Program (SCOP) Grant Agreement in the amount of $54,006.00 for the purpose of resurfacing Southeast 6th Street from Highway 441 to Southeast 6th Avenue; seconded by Council Member Attorney Cook read proposed Resolution No. 2017-13 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FUNDING IN AN AMOUNT NOT TO EXCEED $54,006.00; PROVIDING 1ERABI TY; AND PROVIDING FOR AN EFFECTIVE DATE." Q f PJS 2017-1.3 VOTE: PROVIDING FOR PARTIAL PROJECT FOR CONFLICT, PROVIDING FOR WATFORD — YEA O'CONNOR — YEA CHANDLER —YEA RITTER — YEA Page 10 of 13 CLARK — YEA D. Discuss Annexation Study for the City of Okeechobee — LaRue Planning and Management, Inc. (Exhibit 6). Wfffa�f "d of(P6 M r. �100 yew is smwvtt yo I bufkr CAR- ��1�oh0�e SmnP � uw A�qw' �r �w�d �G�em out 181, 9a7,�! hd aalcivn �s�5��e� ht 10 U'0(a- 0- / 0- uvw Gvw arU P �1#a Gtouj' es GK- g loll/ lW U16�Ql�lil�i�Yld�'es U/lll��Y/ 0 �Q� P� 3-7 ao real Sw t / v U�u AC/Y an�' M6 /t MCC - jo UjOdW hW 7� AU fiv'& " it ' , P.•- 11 of Discuss Annexation Study for the City of Okeechobee continued. Page 12 of 13 E. Discuss code compliance status of Super Stop Petroleum, Inc. located at 510 Northeast Park Street — City Attorney (Exhibit 7). 9 W-a n/Wnt scud y faS§-ed he�,�m�d mw,(r���. /I/D�SlG`.P GUh� - �eh PaCVv� from ,PQbrn � �hn �9ay�r- lot, 1W �iipre Mak��ess ��,ei l�c/cs &//ff od a✓a �^ air of�� ,��'� lu6! �am�u C��fOitlas�� CQ /fie Ui' ao�n and�lis�¢rkurylOh are hainb y c(��h, X. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at�' .M. Page 13 of 13 'rl-T'P- r%,4A'rl0-T4,A1L, SOCIETY OF THE Okeechobee Chapter NSUAU 3-1191f U presented tc City of Okeechobee in aDDreciaticn tcuvcur suDDcut in Preservino the histcry ct The Battle ct Ckeechchee Uistcric State park Chapter Ueuent Uistcry Marker Chairperson Ulstcry Markers Uedicdticn %cvember I Sth. 2CI I "preservinu the Past, fccusim c" the future" 1 -1-11 1 1 1`� , ?IC WAr WARD ecognition of your 5-Years e, Hard Work, and Dedicatic ty, its citizens, and your fellow employees hqr 14- 2012 M nprc>mhpr 14 2C 2 Exhibit 1 Dec 19, 2017 ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Section, 163.3177(3)(b) requires local governments to annually update a Five -Year Schedule of Capital Improvements which is consistent with the Plan and may be accomplished by ordinance rather than as an amendment to the Local Comprehensive Plan; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed Five -Year Schedule of Capital Improvements, at a duly advertised meeting held on November 16, 2017, and hereby forwards its recommendation to the City Council; and WHEREAS, the City Council has agreed with the recommendations of the Planning Board that the proposed Five -Year Schedule of Capital Improvements complies with the requirements of Florida Statutes, Section 163.3177(3)(b), that the proposed improvements are consistent with the Comprehensive Plan; and WHEREAS, the City Council desires to adopt this Schedule to guide future development of the City and protect the public's health, safety, and welfare. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: REVISION. The City Council hereby revises the Capital Improvements Element of its Comprehensive Plan by updating the Five -Year Schedule of Capital Improvements (Five - Year Capital Improvement Plan) attached as Exhibit "A". SECTION 2: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: SEVERABILITY. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 28t' day of November, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor Ordinance No. 1162 Page 1 of 4 PASSED AND ADOPTED after Second and Final Public Hearing this 19"' day of December, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1162 Page 2 of 4 Exhibit "A" City of Okeechobee Five Year Capital Improvement Schedule Transportation Funding Source FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5 Year Total Median Replacement & Right General $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 of Way Install Baffle Box & SCOP $177,537 $177,537 Raise Road Elevation Asphalt Program Gas Tax $120,000 $55,000 $200,000 $300,000 $675,000 Sidewalk Program Gas Tax $85,000 $115,000 $55,000 $255,000 Sign Repair/replacement Gas Tax $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Traffic Signal Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Upgrades Total $437,537 $110,000 $370,000 $110,000 $355,000 $1,382,537 ROW Drainage Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 R&M Roads and Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Culverts Storm Water Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Infiltration Repair Storm Water Ditch Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Adjustments Total $40,000 $40,000 $40,000 $40,000 $40,000 $200,000 Chamber Lift Station General $12,500 $12,500 Total $12,500 $12,500 & Parks Recreation Projects Flagler Park General $14,000 $14,000 Replacement Trees Centennial Park General $10,000 $10,000 Exercise Equip Centennial Park BBQ General $4,000 $4,000 Grills Centennial Park General $20,000 $20,000 Irrigation Centennial Park General $30,000 $30,000 Landscaping Total $78,000 $78,000 CIS TOTAL $568,037 $150,000 $410,000 $150,000 $395,000 $1,673,037 Source: City of Okeechobee 2017 - 2018 Annual Budget Ordinance No. 1162 Page 3 of 4 Exhibit "A" Okeechobee County School District Summary of Revenue/Expenditures Available for New Construction and Remodeling Projects Only 2016 - 17 2017 -18 2018 - 19 2019 - 20 2020 - 21 Five Year Total Total $0 $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Revenues Total Project $0 $0 $0 $0 $0 $0 Costs Difference (Remaining $0 $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Funds) Source: Okeechobee County School District 2016 - 2017 Work Plan Okeechobee County School District Capacity Project Schedules Project Description Location 2016-17 2017-18 2018 -19 2019 - 20 2020 - 21 Total Funded Project description Location not specified Planned Cost: $0 $0 $0 $0 $0 $0 not Student Stations 0 0 0 0 0 0 No specified Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Planned Cost $0 $0 $0 $0 $0 $0 District Student Stations 0 01 0 0 0 0 Totals Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Source: Okeechobee County School District 2016 - 2017 Work Plan Ordinance No. 1162 Page 4 of 4 ``�y.OE•ONFFy ■C M 0 R A M TO: Administrator Montes De Oca DATE: November 17, 2017 FROM: Board Secretary Burnette# 0,j SUBJECT: Motion Capital Improvements tt , Element Five -Year Schedule Consider Comprehensive Plan Text Amendment updating the Capital Improvements Element (CIE) Five - Year Schedule. This Amendment was heard before the Planning Board on November 16, 2017. The motion was as follows: Motion and a second offered by Board Members Brass and McCoy to the City Council recommending approval of the updated schedule to the CIE Five -Year Schedule and finding it to be consistent with the Comprehensive Plan with the following noted corrections to be made: 1. On page three of Exhibit A, under the Transportation Projects Total column for FY 21-22 the figure should be $355,000 instead of $410,000, 2. On page four of Exhibit A, under Total Project Costs for the Okeechobee County School District Five Year Total the figure should be $0 instead of $129,797,586. Vote was unanimous. The Exhibits are attached that were distributed to the Planning Board Members with the corrections reflected. Page 1 of 1 e" L iii __i t� Memorandum To: Members of the Planning Board From: Bill Brisson, AICP Sr. Planner, LaRue Planning Date: November 8, 2017 Subject: Public Hearing on Update of the Five -Year Schedule of Capital Improvements Each year, the City is required to update its Five -Year Schedule of Capital Improvements in the Capital Improvements Element (CIE) of the Comprehensive Plan. This schedule typically includes those capital expenditures the City Administration feels are necessary to maintain the adopted Level of Service Standards identified in the Comp Plan. These usually deal with public works types of improvements such as street paving, sidewalks, curb & gutter, stormwater/ drainage, and recreation improvements. The City is also required to include in its Five -Year Schedule, the Okeechobee County School Capacity Program adopted by the School Board each year as part of its annual Work Plan. While the annual update is still required, due to the legislative changes passed in 2011, the update is no longer considered an amendment to the Comp Plan. Nevertheless, because it modifies the Plan, the LPA must hold a public hearing and make a recommendation to the City Council concerning the update's consistency with the Comprehensive Plan. This Update specifically implements the requirements of Objective 4 and Policies 4.3 and 4.4 of the Capital Facilities Element. Page 3 of Exhibit A to Ordinance 1162, replaces pages 9-7 and 9-8 of the current CIE, and page 4 of Exhibit A replaces the former Okeechobee County School District Capital Facilities Plan, which the City is also required to include in its annual update. I look forward seeing you at the November 16'' meeting. providing Planning and management solutions for local governments i 575 Jackson jtreet„'5uite 206 tort Mgers, f L 55901 25g-55 -5366 www.lanieplannina.com EXHIBIT A OKEEI,HOBEE COUNTY SCHOOL- DISTRICT Project`$chedules Capacity Project Soedules 2012-2013 Work Plan (9/12012) A schedule of capital projects ne essary to ensure the availability of satisfactory classrooms for the projected st1 ent enrollment in K-12 programs. / Project Description Location 2012 - 2013 2013 - 2014 20 t4 - 2015 2015 016 2016 - 2017 Total Funded Prcject description not specified Location not specified Plan Cost: SO SO SO SO SO SO No Student Stations: 0 0 0 0 0 0 Total Classrooms: 0 0 0 0 0 0 Gross Sq Ft: 0 0 0 0 0 0 Planned Cost: s0 $0 so s0 so s0 Student Stations: 0 0 0 0 0 0 Total Classrooms: 0 0 0 0 0 0 Gross Sq Ft: 0 0 0 0 0 Other Project Schedules Alajor renovations. remodeling, and additions of Nothing reported for this section. J outlay projects that do nc Additional Project Schedules Any projects that are not identified the last approved educational plant survey. Nothing reported for this ction. Non Funded Grow Management Project Schedules Schedule indicating tiv ,ich projects. due to planned development that CANNOT I five years. over the next Project ascription 2012 - 2013 2013 - 2014 2014 - 2015 2015 - 20,16 2016 - 2017 Total Funded Actual Budget Projected Projected Projected Projected K-8 Sch to be constructed SO $8 000.000 $15,000,000 512,000,000 SO $35.000.000 on SW 'th Street $0 $8,000,000 $15,000,000 $12,000,000 $0 S35,000,000 City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: ! .' Fn'F-YFAR S(HFF)M.F OF C'APFF.a1 Tit(PR0VF\tF'NTS i f"y 201'. l , - 1 v 2(lli;. 171 Or,ciected Revenues 2012/2013 2013/2014 2014/2015 2015/2016 2016/z 7 Reve ue Source local Op n Gas Tax S 327,683 S 337,513 5 344.263 5 351,148 353,170 loca! !!ter e! User Fee S 208,059 S 209,500 S 213,690 5 217,463 S 222,322 SRS Eight Con Motor Fuel $ 71,339 $ 71,980 $ 72,699 5 5 75,635 Ninth Cent Fuel x $ 56,028 $ 57,708 $ 515,862 /7-4,1 5 $ 61,239 Subtotal Pub Fac re nues $ 663,109 $ 676,701 $ 689,514 $ 7 $ 717,366 Storm .vtr retrofit (canals tc) (FL Legislative Grant thru EP) Landscaping S Parrott Av (FDOT Hwy Beautificatn Grant} NE Park/SR 70 30th•13th/turn iane (CDBG Community Devel Block Gra Taylor Creek Park (SE 7th St) (FL Roc Devel Asst Program(FRDAP)) (FL Fish & Wildlife ConsonAn thru the FL Rec Devol Asst Program & Boating.wator:jay grant) Subtotal Grant revenues Total Revenue S 250,000 $ 100,000 $ 258,000 $ 100,000 Z150.000S 50,000 708,000 $ 150,000 $ 50,000 V$ $ 66 , 09 1,384,701 $ 839,S14 $ 753,302 5 717,366 Projected Expenses 2012/ 13 2013/2014 2014/2015 2015/2016 2016/2017 Road repairs and materials Asphalt/Paving Curb/gutter/side% alks Subtotal Right of 1 ,gay Drainage Storm ,e,,,er installation/repla Subtotal 27,697 5 . 113 5 30,000 S 32,000 $ 34,000 S 250,000 $ 250,bQO S 250,000 $ - 5 250,000 S 70,000 S 100, 5 lo0,000 S 1o0,000 S 1o0,000 S 347,697 $ 378,113 380,000 $ 132,000 $ 384,000 S 50.000 S 60,000 S 3 000 5 50,000 5 50,000 S 50,000 5 50,000 5 35, 5 35,000 5 35,000 $ 100,000 $ 110,000 $ 75, $ 85,000 $ 85,000 Storm vAr retrofit (Can /etc) $ 275,000 Landscaping S Parrot Av S 117,000 NE Park/SR 70 10t 13th/turn!ans $ 258,000 Taylor Creek Par . (600 SE 7th St) $ 100,000 $ 150,000 $ so, Subtotal 5 750,000 $ 150,000 $ 50,000 Total Ex ditures $ 447,697 $ 1,238,113 $ 605,000 $ 267,000 \$9,1000 R enues less Expenditures $ 21S,412 $ 146,588 S 234,514 $ 486,302 $ 248,36 City of Okeechobee Comprehensive Plan Capital Improvements Element 2 Amended: 4a;a!r�=' ?. '!'! City of Okeechobee Five Year Capital Improvement Schedule Funding Source FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5 Year Total Transportation - Median Replacement & Right General $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 of Way Install Baffle Box & SCOP $177,537 $177,537 Raise Road Elevation Asphalt Program Gas Tax $120,000 $55,000 $200,000 $300,000 $675,000 Sidewalk Program Gas Tax $85,000 $115,000 $55,000 $255,000 Sign Repair/replacement Gas Tax $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Traffic Signal Upgrades Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Total $437,537 $110,000 $370,000 $110,000 $355,000 $1,382,537 Stormwater Projects ROW Drainage Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 R&M Roads and Gas Tax Culverts $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Storm Water Gas Tax Infiltration Repair $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Storm Water Ditch Adjustments Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Total $40,000 $40,000 $40,000 $40,000 $40,000 $200,000 Chamber Lift Station General $12,500 Total $12,500 Flagler Park Replacement Trees Centennial Park Exercise Equip Centennial Park BBQ Grills Centennial Park Irrigation Centennial Park Landscaping Total CIS TOTAL General $14,000 General $10,000 General $4,000 General $20,000 General $30,000 $78,000 $12,500 $12,500 $14,000 $10,000 $4,000 $20,000 $30,000 $78,000 $568,037 $150,000 $410,000 $150,000 $395,000 $1,673,037 City of Okeechobee Comprehensive Plan Capital Improvements Element 3 Amended: Source: City of Okeechobee 2017 - 2018 Annual Budget Okeechobee County School District Summary of Revenue/Expenditures Available for New Construction and Remodeling Projects Only 2016 - 17 2017 - 18 2018 - 19 2019 - 20 2020 - 21 Five Year Tota I Total $0 $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Revenues Total Project $0 $0 $0 $0 $0 $0 Costs Difference (Remaining $0 $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Funds) Source: Okeechobee County School District 2016 - 2017 Work Plan Okeechobee County School District Capacity Project Schedules Project Description Location 2016-17 2017-18 2018 - 19 2019 - 20 2020 - 21 Total Funded Project description Location not specified Planned Cost: $0 $0 $0 $0 $0 $0 not Student Stations 1 0 0 0 0 0 0 No specified Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Planned Cost $0 $0 $0 $0 $0 $0 District Student Stations 0 0 0 0 0 0 Totals Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Source: Okeechobee County School District 2016 - 2017 Work Plan City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: Capital Improvements Element Goals, Objectives and Policies Goal: The City of Okeechobee shall continue to ensure that public facilities and services are provided, on a fair -share costs basis, in a manner which maximizes the use of existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall continue to use the Capital Improvements Element to schedule construction and identify funding sources for the City's capital facility needs in order to accommodate existing and future development, and to replace obsolete or worn-out facilities. Policy 1. 1: Proposed capital improvements projects shall continue to be ranked and evaluated according to appropriate policies adopted in other elements of the Comprehensive Plan. The following criteria will also be considered: (1) whether the proposed project will eliminate a public hazard; (2) whether the proposed project will eliminate capacity deficits; (3) local budget impacts; (4) locational needs based on projected growth patterns; (5) accommodation of new development or redevelopment; (6) financial feasibility; and (7) plans of state agencies or water management districts that provide facilities in Okeechobee. Policy 1.2: The City of Okeechobee shall continue to integrate its planning and budgeting processes such that expenditures which are budgeted for capital improvements recognize policies related to public facilities and services set forth in the Comprehensive Plan. Policy 1.3: In accordance with Policy 7.1 of the Sanitary Sewer... Element, the City shall complete a stormwater management study to identify drainage deficiencies, and allocate any available funds for that purpose in its Administrative Operating Budget for fiscal year 2013. The 5-Year Schedule of Capital Improvements will be amended as soon as possible to include the study, its projected cost, and the identified revenue source(s). Policy 1 A The City of Okeechobee shall identify its needs for public facility improvements, the revenues required for project funding, and shall itemize the costs for such projects in its 5-Year Schedule of Capital Improvements. Objective 2: The City of Okeechobee shall continue to coordinate land use decisions with the schedule of capital improvements in a manner that maintains the adopted level of service standards and meets existing and future needs. City of Okeechobee Comprehensive Plan Capital Improvements Element 9-1 Amended: October 18, 2011 Policy 2.1: The City of Okeechobee shall continue to use the following level of service standards in reviewing the impacts of new development and redevelopment: Facility Level of Service Sanitary Sewer 130 gallons/capita/day (see Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Potable Water 114 gallons/capita/day (see Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Solid Waste Average Solid Waste Generation X 131bs./person/day X at least 13 years available capacity in Okeechobee County landfill (see Policy 1.4 of Sanitary Sewer... Element) Principal Arterials C Minor Arterials & All Others D Recreation and Open Space 3 acres/1,000 persons Drainage Interim Standard (see Policy 1.5 of Sanitary Sewer... Element) Design Storm X 25-year storm X 24-hour duration Facility Design Standards X as required by Florida Administrative Code (see Policy 1.5 of Sanitary Sewer... Element) Public Schools Existing School Permanent FISH Capacity Considering Utilization Rate New Elementary 750 New Middle 1000 New K-8 1200 New High School 1500 City of Okeechobee Comprehensive Plan Capital Improvements Element 9-2 Amended: October 18, 2011 Policy 2.2: Development orders and permits shall be granted only when required public facilities and services are operating at the established levels of service, or shall be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process. Policy 2.3: The City of Okeechobee will maintain a water supply facilities work plan that is coordinated with SFWMD's District Water Supply Plan and the Okeechobee Utility Authority (OUA) by updating its own work plan within 18 months of an update to SFWMD's District Water Supply Plan that affects the City. Policy 2.4: The City of Okeechobee recognizes that it relies upon the Okeechobee Utility Authority (OUA) facilities for the provision of potable water for its residents, businesses and visitors, and as such the City is part of the greater SFWMD, and that the continued supply of potable water will be dependent upon all local governments striving to maintain demand for potable water at sustainable levels. As such, the City will: (1) Continue to maintain relationships with the SFWMD and the Okeechobee Utility Authority (OUA) to maintain or reduce potable water consumption through education, conservation, and participation in ongoing programs of the region, county and city including coordinating local conservation education efforts with the SFWMD and the Okeechobee Utility Authority (OUA) programs. (2) Require landscaping in all new development or redevelopment on public water systems to use water -efficient landscaping and require functioning rain -sensor devices on all new automatic irrigation systems. (3) The City of Okeechobee shall inform residents and businesses of, and shall encourage their participation in, the Okeechobee Utility Authority (OUA) water conservation programs if they become available. Policy 2.5: The City of Okeechobee recognizes that the Okeechobee Utility Authority (OUA) provides potable water to the City, its businesses and residents. Although no capital improvement projects are necessary within the City for which the City of Okeechobee has financial responsibility in connection with supply of potable water to the City, its businesses and residents, the City of Okeechobee will support and coordinate with the Okeechobee Utility Authority (OUA), as necessary, to assist in the implementation of Okeechobee Utility Authority (OUA) Capital Improvements projects for the years 2011- 2021. City of Okeechobee Comprehensive Plan Capital Improvements Element 9-3 Amended: October 18, 2011 Objective 3: In order to maintain adopted level of service standards, future development shall bear a proportionate cost of necessary public facility improvements equivalent to the benefits it receives from the improvements. Policy 3.1: The City of Okeechobee shall continue to evaluate potential revenue available for public facility expenditures through alternative sources such as user fees, special benefit units, or special assessments. Policy 3.2: The City of Okeechobee shall continue to maintain adopted levels of service by using revenue sources considered under Policy 3.1 to ensure that new development pays a pro rata share of the costs of public facility needs which it generates. Policy 3.3: The City of Okeechobee shall continue to continue to apply for and secure grants or private funds when available to finance the provision of capital improvements. Objective 4: The City of Okeechobee shall continue to ensure the provision of needed public facilities within the City limits, based on adopted levels of service as set forth in the Comprehensive Plan. Public facilities needs shall be determined on the basis of previously issued development orders as well as the City's budgeting process and its joint activities with Okeechobee County and the Okeechobee County School District for planning, zoning, and concurrency management. Policy 4.1: Existing and future public facilities shall operate at the levels of service established in this plan. Policy 4.2: Debt service shall not exceed 20% of annually budgeted revenues. Policy 4.3: A five-year capital improvements program and annual capital budget shall be adopted as part of the City of Okeechobee's annual budgeting process. This program shall include the annual review, and revision as needed, of the Five - Year Schedule of Capital Improvements. Policy 4A The financially feasible School District Five -Year Capital Improvement Plan (Tentative Facilities Work Program) which achieves and maintains the adopted level of service standards for public schools, as approved by the Okeechobee County School Board shall be included and adopted each year as part of the City of Okeechobee's annual budgeting process. Objective 5: The City of Okeechobee shall furnish meaningful opportunities for the School Board to have input and coordination in the City's development review process in order to assist the School Board in their provision of adequate and efficient schools. City of Okeechobee Comprehensive Plan Capital Improvements Element 94 Amended: October 18, 2011 Policy 5.1: The City of Okeechobee and the School Board shall coordinate to ensure that schools are adequately and efficiently provided commensurate with growth. Key coordinating mechanisms shall include: (a) promotion of j oint infrastructure park/school facilities when feasible; (b) consideration of the adequacy and availability of educational infrastructure during appropriate review of development order applications; (c) ensuring the provision of adequate infrastructure, on and off site, normally associated with new or expanded schools where consistent with state law restrictions on expenditures by the School Board; (d) evaluation of the School District's annually updated Capital Improvement Plan to ensure that it is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained; (e) seeking that any new major residential development or redevelopment applicant submit information regarding projected school enrollments from the project; and (f) request that the School Board submit site plan information for all timely new schools. City of Okeechobee Comprehensive Plan Capital Improvements Element 9-5 Amended: October 18, 2011 Capital Improvements Implementation City of Okeechobee Comprehensive Plan Capital improvement needs identified in the Comprehensive Plan will be met through implementation of a 5-Year Schedule of Capital Improvements. This schedule is adopted by the City Council along with Goals, Objectives and Policies, and must be consistent with the Capital Improvements Element. The purpose of the Schedule is to ensure that the City has adequate revenues to implement the Comprehensive Plan. The 5-Year Schedule of Capital Improvements focuses on the capital outlay required to meet existing deficiencies and to maintain adopted level of service standards planned for public facilities in the Plan. The City shall advise the OUA on these standards. City of Okeechobee Comprehensive Plan Capital Improvements Element 9-6 Amended: October 18, 2011 5 OKEENHOBEE COUNTY SCHOOL DISTRICT Proiect`Schedules Capacity Project 2012-2013 Work Plan (9/1V2012) A schedule of capital projects ne"scary to ensure the availability of satisfactory classrooms for the projected s dent enrollment in K-12 programs. \ Project Description Location 2012 - 2013 2013 - 2014 2014 - 2015 2015 016 2016 - 2017 Total Fundec Project description not specified Location not specified Plan - Cost- SO SO s0 SO SO SO N Student Stations 0 0#00 0 0 0 Total Classrooms: 0 00 0 0 Gross Sq Ft 0 0 0 0 0 Planned Cost: $0 $0 s0 s0 $0 s0 Student Stations: 0 0 0 0 0 0 Total Classrooms: 0 0 0 0 0 0 Gross Sq Ft: 0 0 0 0 Other Project Schedules Major renovations, remodeling, and additions of Nothing reported for this section. y outlay projects that do no Additional Project Sch/Ie Any projects that are not identiast approved educational plant survey. Nothing reported for this Non Funded Gro Management Project Schedules Schedule indicating Bch projects, due to planned development, that CANNOT 1 five vears. over the next Project escription 2012 - 2013 2013 - 2014 2014-2015 20,15 - 2016 2016 - 20,17 Total Funded Actual Budget Projected Projected Projected Projected K-8 Sch to be constructed SO S8,000,000 S15,000,000 $12.000,000 SO $35.000,000 N on SW th Street So $8,000,000 $15,000,000 $12,000,000 $0 $35,000,000 City of Okeechobee Comprehensive Plan Capital Improvements Element 9-7 Amended: September 2 20-14 FIB,-F-YF.AR S( :?FF)t'1.F c iF ('.-kPET.at 1\1PRO1'F%1F\TS if v 2011? - tv 2616 17 i F ojected Revenues 2012/2013 2013/2014 2014/2015 2015/2016 2010/ 17 Reve sue Source Local Dp -on Gas Tax S 327,683 $ 337,513 5 344,263 $ 351,148 358,170 Fee Local Alte\Facre 5 208,059 $ '09,5QC' $ Z13,690 5 Z:Z7,963 $ "',322 SR5 Eight Motor Fuel j 71,339 S 71,980 $ 72,699 $ 74,1 S 75,635 Ninth Cen S 56,028 $ 57,708 $ 58,86Z $ 60 39 S 61,239 Subtotal Puhues $ 663,109 $ 676,701 $ 689,514 $ 7 ,302 $ 717,366 Storm .AT retrofit {canals; tc) IFL legislative Grant thru EPl Landscaping S Parrott Av IFDOT H•,,y Beautificatn Grant} NE Park/SR 70 10th•13th,+turn an ICDBG Community Devel Stock Grar Taylor Creek Park ISE 7th Stl IFL R.ec Devel As. -It Program IFRDP.P I IFL Fish & Wildlife Conser-An !hru the FL Roe, Devel Asst Program & Boating, v.aterv. a grand Subtotal Grant revenues Total Revenue Projected Expenses Project Narno/Description .e. e Road repairs and material; Asphalt?Pacing Curb;'gutter.r'side:� alks Subtotal Right of''*ay Drainage Storm sever instal4tion. repla Subtotal Storm .,tr retrofit {can , etc) Landsc/ParrotNE Parkiturn One Taylor E 7th StSubtotaTotal Ex 5 250.000 $ 00.000 $ 25S'000 5 100.000 150,000 S DO X0 $ 708,000 $ 150,000 $ 50,000 $ 66 ,t09 1.384r701 $ 839,514 $ 753,302 5 717,366 2012/ 13 13/2014 2014/2015 2015/2016 2016/2017 $ 27,697 S _..113 $ 30,000 $ 32,000 $ 34,000 $ :50,000 S 250;L 250,000 S $ 2SQ'I'Lo0 S 70,Q00 $ 100,OOL 5 100,000 $ 100,Coo $ 100,roo 5 347,697 $ 378,11 3390.000 $ 132,000 $ 394,000 S 50,000 S 60.000 S 4 000 5 50,000 5 50,000 $ SO ow $ 50; 000 S 35 / �0 5 35,000 $ 35, Coo $ 100,000 $ 110,000 $ 75, $ 85,000 $ 85,000 5 275,000 $ 117,000 $ 258,000 $ 100.000 5 150.000 $ \267,DDD$ $ 750,000 5 150,000 $ $ 447.697 $ 1,238,113 $ 605,000 $ 9,000 RyGenues less Expenditures $ 215,412 $ 146,588 $ 234,514 $ 486,302 5 248,366\ City of Okeechobee Comprehensive Plan Capital Improvements Element 9.8 Amended: c ,..t2mb_ r 3 2044 City of Okeechobee Five Year Capital Improvement Schedule Funding FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5 Year Total Source Median Replacement General $30,000 30 000 $30,000 $30,000 $30,000 $150,000 & Right of Way Install Baffle Box & SCOP $177,537 $177,537 Raise Road Elevation Asphalt Program Gas Tax $120,000 $55,000 $200,000 $300,000 $675,000 Sidewalk Program Gas Tax $85,000 $115,000 $55,000 $255,000 Sign Repair/replacement Gas Tax Gas 15 000 15 000 �� 15 000 �- 15 00 �� 15 00 �� 75 00 �� Traffic Signal Upgrades Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Total $437,537 $110,000 $370,000 $110,000 $355,000 $1,382,537 ROW Drainage Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 R&M Roads and Culverts Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Storm Water Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Infiltration Repair Storm Water Ditch Gas Tax $10,000 10 �--`��� 10 00 10 00 10 00 50 00 Adiustments-`00 Total $40,000 $40,000 $40,000 $40,000 40 000 $200,000 Chamber Lift Station General $12,500 $12,500 Total $12,500 $12,500 Flagler Park General $14,000 $14,000 Replacement Trees Centennial Park General $10,000 $10,000 Exercise Equip Centennial Park BBC! General 4 000 $4,000 Grills Centennial Park General $20,000 $20,000 Irrigation Centennial Park General $30,000 30 000 Landscaping Total $78,000 $78,000 CIS TOTAL $S68,037 $150,000 $410,000 $150,000 $395,000 $1,673,037 Source: City of Okeechobee 2017 - 2018 Annual Budget City of Okeechobee Comprehensive Plan Capital Improvements Element 9-9 Amended: September- z 204 Okeechobee County School District Summary of Revenue/Expenditures Available for New Construction and Remodeling Projects Only 2016 - 17 2017 - 18 2018 - 19 2019 - 20 2020 - 21 Five Year Total Total Revenues LO2 399 148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Total Project LO LO LO LO LO LO Costs Difference (Remaining L $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Funds Source: Okeechobee County School District 2016 - 2017 Work Plan Okeechobee County School District Capacity Project Schedules Proms Description Location 2016-17 2017-18 2018 - 19 2019 - 20 2020 - 21 Total Funded project description Location Planned LO LO LO LO 5o LO not specified Cost: not Student Stations 1 0 0 0 0 0 0 No specified Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Planned Cost LO LO LO LO LO LO District Student Stations 0 0 0 0 0 0 Totals Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Source: Okeechobee County School District 2016 - 2017 Work Plan City of Okeechobee Comprehensive Plan Capital Improvements Element 9-10 Amended: September 32044 Okeec o e News 107 SW 17 ' reet, Suitir- � aNDEPENDENTOkeechobee Ada 349 863-i 7 •g,/ NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County Florida, Ithlat. the attached copy of advertisement being a VVLC in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -DI-OIaUil Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me thts V) day of 'NC_k4`AD Notary Public, State of Florida at Large A �a>w i'�:`! •., ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: Aprt120, 2020 BondedThru Notary PuN)c Underv,Titors PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City, Council of the City of Okeecho- bee, will cool,, a Public Hearing on Tues, Dec. 19, 2017, at 6 PM, or as soon thereafter possible, at Cdy Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the follomng Ordinance into law: No. 1162: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVE- MENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILLTY; A D PROVIDING FOR AN EFFECTIVE DATE. Ail members of the public are encouraged to attend and participate in said Hearing. The proposed Ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 1 except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council With respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record Includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speoal accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. IBE ADVISED that should you intend to show any document, picture, video or items to the Counal in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Clerk Lane Gamiotea, CMC ON 12/8/2017 Exhibit 2 Dec 19, 2017 ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90, SPECIFICALLY ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new legislation or developments; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments to chapter 90, code of ordinances at a duly advertised Public Hearing held on November 16, 2017, and hereby recommends that these amendments to the Code of Ordinances be adopted by the City Council; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the amendments to be in the best interest of the citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, specifically Chapter 90, Article III, Districts and District Regulations as follows: That Division 7, Light Commercial (CLT) District, Section 90-252, is amended to add as a permitted use within this zoning district: (8) Medical marijuana dispensary as defined and regulated in F.S. 381.986. That Division 8, Heavy Commercial (CHV) District, Section 90-282 is amended to add as a permitted use within this zoning district: (18) Medical marijuana dispensary as defined and regulated in F.S. 381.986. That Division 9, Central Business (CBD) District, Section 90-312 is amended to add as a permitted use within this zoning district: (12) Medical marijuana dispensary as defined and regulated in F.S. 381.986. Ordinance No. 1163 - Page 1 of 2 anguage to be added is underfined Language to be deleted is s9ask-tlraugh. That Division 10, Industrial (IND) District, Section 90-342 is amended to add as a permitted use within this zoning district: (33) Medical marijuana dispensary as defined and regulated in F.S. 381.986. SECTION 3: CODIFICATION, INCLUSION IN CODE. It is the intention of the City Council for the City of Okeechobee, that the provisions of this ordinance shall become and be made part of the City of Okeechobee Code of Ordinances, and that sections of this ordinance may be renumbered or re -lettered that the word 'ordinance" may be changed to "section," "article," or such other appropriate work or phrase in order to accomplish such intention, and regardless of whether such inclusion in the Code is accomplished, sections of this ordinance may be renumbered or re -lettered and typographical errors which do not affect the content may be authorized by the City Clerk without need of public hearing, or filing a corrected or re -codified copy of same in the Office of the City Clerk. SECTION 4: CONFLICTS OF LAW. This section is enacted to be supplemental to existing ordinances and does not replace or supersede previously adopted ordinances; whenever the requirements or provisions of this Section seem to conflict with the requirements or provisions of any other lawfully adopted ordinance, code, or statute, the Code Enforcement Department may elect to proceed under such ordinance, code, or statute deemed most expedient to the City, unless the conflict is irreconcilable, and in that event, the most restrictive requirements shall apply. As the subject Florida statute authorizing this ordinance may be subject to periodic amendment, the City will, by ordinance, adopt such amendments to chapter 90 as deemed appropriate. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of December, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of January, 2018. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1163 - Page 2 of 2 Language to be added is underlined. Language W be deleted is s#uGk Mmugh. City of Okeechobee Date: Petition No. I r[..Of_ ! General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fee Paid: Jurisdiction: 1" Hearin ' • s 2" Hearin 9 ('f. ' (r, c o, j, g: cc''/;,a Publication Dates: P .�r/2q ', i;.-; -r,- = Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: City of Okeechobee 2 Mailing address: 55 SE 3rd Avenue, Okeechobee, FL 34974 3 E-mail address: 'cook cit ofokeechobee.com 4 Daytime phone(s): 863-763-3372 Do you own residential property within the City? (_) Yes (_} No 5 If yes, provide address(es) N/A Do you own nonresidential property within the City? (_) Yes (_) No If yes, provide address(es) N/A 6 REQUEST INFORMATION Request is for: (X) Text change to an existing section of the LDRs �) Addition of a permitted use (_) Deletion of a permitted use 7 () Addition of a special exception use () Deletion of a special exception use (_) Addition of an accessory use (_) Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in st*eeut and additions in underline format. (This description may be provided on separate sheets if necessary.) SEE ATTACHED 8 LDR Amendment Application Page l of 3 9 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) SECTION 90-252 LIGHT COMMERCIAL (CLT) DISTRICT PERMITTED USES SECTION 90-282 HEAVY COMMERCIAL (CHV) DISTRICT PERMITTED USES SECTION 90-312 CENTRAL BUSINESS (CBD) DISTRICT PERMITTED USES SECTION 90-342 INDUSTRIAL (IND) DISTRICT PERMITTED USES REQUIRED ATTACH Non-refundable application fee of $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date John R. Cook, City Attorney For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 LDR Amendment Application Page 2 of 3 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. 3. Will not have an adverse effect on the public interest. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. 5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. 6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Your responses to these findings should be as descriptive as possible. Attach additional pages as may be necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. LDR Amendment Application Page 3 of 3 Consider recommendation to the City Council to amend Land Development Regulations, ordinance no. 716 and as thereafter amended, and Chapter 90, Article III, zoning district regulations, code of ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries within the municipal *itylimits , in the category of Print Such facilities shall be apermitted use in the following zoning districts: Light Commercial; Heavy Commercial; M Ir'Gt,5 , I ,CJ Business District, subject to the provisions of Chapter 90. Further, any permit to establish such a use shall be subject to all restrictions and conditions contained in Florida Statutes Ch. 381.986. i, r NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 5 OF 6 AGENDA ACTION - DISCUSSION • VOTE VI. PUBLIC HEARING CONTINUED. C. Consider LDR Text Amendment Petition No. 17-002-TA to approve the Consider LDR Text Amendment Petition No. 17-002-TA to approve the locating of medical marijuana dispensaries locating of medical marijuana dispensaries within the municipal limits, in within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and the category of retail store, retail service as a permitted use in the CLT, CBD zoning districts. CHV, IND and CBD zoning districts (Exhibit 3). 1. Presentation by City Attorney. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex-Parte Communications by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Petition No.17-002-TA. b) Board discussion. Chairperson Hoover yielded the floor to.Attomey Cook who briefly explained the City has two choices in regards to medical marijuana businesses within the City limits. Either they are banned altogether or based on State requirements, the permitted and special exception uses need to be considered the same as the City currently regulates pharmacies. Although the City Council noted concern in permitting these types of businesses within the City, it was stated the voters did approve this, so with that being said, the Council extended the moratorium for an additional 180 days giving him time to come before this Board and obtain a recommendation on establishing the zoning districts. They would be permitted within all the commercial zoning districts with the exception of Commercial Professional Office and also be permitted in the Industrial Zoning District. The medical marijuana dispensaries would be regulated and required to abide by all State Legislation. He also noted the County recently approved dispensaries within their jurisdiction. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition. There were none. Motion and second offered by Members Baughman and McCreary to deny LDR Text Amendment Petition No. 17-002-TA for the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE IHOOVER - NAY McCoy -NAY BATTON — NAY BAUGHMAN - YEA BRAss - YEA JONASSAINT—NAY MCCREARY—YEA KEEFE — NIA O'BRIEN — NIA MOTION DENIED. NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 6 OF 6 AGENDA ACTION -DISCUSSION {>VOTE` VI. PUBLIC HEARING CONTINUED. C. 4. a) Consideration of a recommendation to the City Council to approve or Motion and second offered by Members McCoy and Jonassaint to recommend approval to the City Council for LDR deny Petition No. 17-002-TA continued. Text Amendment Petition No. 17-002-TA for the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HOOVER - YEA MCCOY - YEA BATTON — YEA BAUGHMAN - NAY BRASS - NAY JONASSAINT—YEA MCCREARY—NAY KEEFE—N/A O'BRIEN — N/A MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Headng, tentatively January 16, 2018, 6:00 P.M. CLOSE PUBLIC HEARING — Chairperson. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. VII. ADJOURNMENT —Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, 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. General Services media are for the sole purpose of backup for official records. ATTEST: Patty M. Bumette, Secretary Dawn T. Hoover, Chairperson There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:48 p.m. `NDEPENDENT NEWSOMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County P Florida, that the attached copy of advertisement being a C KAC- in the matter of f-t 'Lour (i1G in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before met is 2�' day of 2011 AD Notary Public, State of Florida at Large �'"Y "'�''•. ANGIE BRIDGES My COMMISSION # FF 976149 +. ' WIRES:Apd120 2on SOWDd lluu Notary Mk UndBnrritata r Okeechobee:News 107 SW 17th Street; Suite D Okeechobee, Florida 34974 ! 863-763-3'13'4 Exhibit 3 ORDINANCE NO. 1164 Dec 19, 2017 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (APPLICATION NO. 17-004-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain Application (No. 17-004-SSA), submitted by Agueda Benitez and Ana Campozano, property owners, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said Application being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on November 16, 2017, which determined such Application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendation of the Planning Board that the proposed Application complies with the requirements of Florida Statutes 163, Part II, and that the proposed Application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part Il, Florida Statutes. SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.65 acre is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Application No. 17-004-SSA, from Single Family Residential to Multi -Family Residential. Description of Subject Property is as follows: LOTS 3 THROUGH 6, BLOCK 181, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY. Ordinance No. 1164 Page 1 of 2 SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended June 17, 2014, which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 191' day of December, 2017, pursuant to F.S. 163.3187(2). ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1164 Page 2 of 2 W boad rr,p. -for An1jerf iSl r� ( � DAob-o.r �3, a0E-1 City or Okeechobee General Services Department O S.E. 3`e Avenue, Room Okeechobee, Florida 39974-24-2903 Phone: (863) 763-3372, ezt 218 -Fax: (863) 763-1686 Date: - q q-17 Petition No. 17 00q— JS H Fee Paid: 85Q.,M Jurisdiction: Fly n (' 1" Hearin : -�' — �-i 2 Heari : 1a-- l Publication Dates: Notices Mailed: N Q APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: i ! Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: 33 Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 4gWv Date *Attach Notarized Letter of Owner's Authorization A2 Signature of Owner or Authorized Representative* For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Eat. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT/AGENT/OWNER INFORMATION Agueda Benitez Applicant 401 SW 3rd Street Address Okeechobee FL 34974 City State (863) 4844459 Telephone Number Fax Number E-Mail Jeffrey M. Sumner, PE Agent* 393 SW 67th Drive Address Okeechobee FL 34974 City State Zip (863) 634-9474 ieffAsumnerengineering.com Telephone Number Fax Number E-Mail Ana Truiillo & Agueda Benitez Owner(s) of Record 1349 Davis Street Address Sugar Hill GA 30518-4873 City State Zip Telephone Number Fax Number E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Eat. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment 0 Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6 Block 181, City of Okeechobee. A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. PropertyID#(s): 3-15-37-35-0010-01810-0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 0.976 Acres (42 514.6 sg. ft.) 2. Total Area included in Request: 0.65 Acres (28 357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sg. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) C. Total Wetlands: 0.0 Acres (0.0 sq ft.) For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. SEE ATTACHED LETTER REPORT FOR AMENDMENT SUPPORT DOCUMENTATION. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Map showing existing zoning of the subject property and surrounding properties. 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each AFFIDAVIT I, Aguteda Benitez , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. Signature of Owner or Authorized Agent Agueda Benitez Typed or Printed Name STATE OF � � u(�& COUNTY OF Onds The foregoing instrument w ce fie PXYI 20 Aa r o who has produced R 2Sidp } C ay( MICHELLE L. MERCURE Notary Public -State of Florida - f - +o; My Comm. Expires Nov 15, 2018 Commisslon # FF 151107 Date subscribed before me this � ' day of who is personally known to me as identification. Notary Public �u1C��s211 U Ali ea. f c Printed Name of Notary Public Commission Expires on: � 1 For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Est. 218 Page 7of7 City uf.t)It�eeTtotiec G ciitl Sfrvices 17epertm;nt $553 AveoueYiiotxii0l Okt�eF�oLfe, Fib Fio0citia;.337d=Z9Q3 Pa j8) 7G}i;'J; tilt Z18aE3lifioi�"Dafes Fsx• 7G3-2G$6_-. Date Pofi tt Nb-- Fie Paid, Jurisdiction:_ . N.-_...<. 2 Eleaiiri". `' Notices Mailed: To BE COMPLETED BY CITY STAFF: Verified FLUM Designation, - Verified Zoning Designation: . Plan Amendment Tyne: ❑ Large Scale (LSA) involving over 10 acres, or text amendment ❑ Small Scale (SSA) 10 acres or less ❑ Small Scale (S-SA) More than 10 but less than 20 acres 1`f the,proposed arttendfinent will have a positive effect in addressing the pcobleing of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of; ecotiomically distressed communities. APPLICANT PL-EASE NOTE: Answer all questions completely and accurately. Hew print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: 33 Submit 1 (one) copy `afthe complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) conies of any documents over 1. I X 17 are required to be submitted by the applicant: 1j. the undersigned owner or authorized representative;_ hereby submit this application and the attached amendment support documentation. The information and dddtiments provided are complete and accurate to the best of my knowledge. Date Representafty.* *Attach Notarized Letter of Owner's Authorization 'J ;` For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Est. 218 Page I of 7 .y,�+• - ..Try .fu.��....f::!'Sw _ -1WT^. "J•al.r!M.^-. ::�i�'il!'.W: .a'•FtY,Si i�s•nZ� �.:i•�••fi, �•: ';•t. _-.� ' ..''w[n: i �� .}4tiA .t^..: �r ✓�,�•• � 4 E f !ti[,Y .'i}; ::l �,'. y +. ' �T+ :.A:. �` � .:-,�r.�{~f� i.pI . Cv, s+ t� • .:. _ liSv t{�.. .4 KLT.i:. mC...-.y:Yti �:'. 5 ryy�-.,?=.v.'6. �.. fi 4 .; Tk E.€,., -•• i....... �.y~—, < •a'�r•�`•' E0 39tid ONI S30IM35 103 8LE8t7088L9 WJ60:t70 LTOZ/bZ/OT __ ...... ._. _ ._-...... ... ._... ... .. ......_...'S�.�......_.�....--........-.-......... Jam. T. Application fotmprehensive Pjajj Amendment(6/09) E. JUSTfl#tAT1OWOFYt1tOF6rED AIVIEXOMENT 7u9tify1#1e PtPggsed AMOhdt1%M based;upoti,sound.pla[rltringprinciples. $e sure to support all cdnstiisions inag:in this jusE -iib1a orr t� adeqirate data and analysis. re;presentstiVC,I,d h'd'ptolteriy described heiei Spp[ica'tton andany Sketcfi'es; diitd, of otfter �� A}ip(tcs(lon, ar ljgnest anid rive to. the best of 't &,646 ty' of Gkeejp 6bee�to triter upon the .pto investigatiitk and=evaluating the.request to di D Lure of Owner or Au,irizei Agent -Apa ris`Ciiip` P]' o�ana ZY' iito Tyiie�'or 1?rinEei.Nae_. ^ _ STATEOF i Cowry o� w - Y that l zf the ftff r of ,aEitborized' ' that all answers to 1F questions i9.*is Wt.t4ty muter 9tteaherRd and maim° -a part of this owled,e ,nd Belief.. i also authorize the.•staffo� tircing noliintl workib$ HOWfir the purpose of gh°this application: Date ME T e,foregoin instrument was certified and subscribed before me this 2 .. day of 20 1 , by_�� hf j lc9K,U who is pers ally own to me or who :has produced 1 1 Ve' S G! aecP�S as identification. S1l . \ // P `� �p;4 DE ��i�i Not Public G a�jgR� 9+�� !SSPrinfed'ieme'oFlVotaty P t jie t � D?1S 2�Z1 +1„ A. C3 A + `` ; • � CotriMission pinEs on:: UE yp 0 �,Ooouti, :�.�` �rrrlrrl��<<�` ' Oor questions relating to this.applieatlon packet, call the General Servlces Dept. at(863)-7b3-3371, ExL 218 Page 7 of 7 b0 39dd ONI S30IA83S _K13 8LCBVOB8L9 WdC0:00 LIOZ/06/0i 19 1Vl Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources September 29, 2017 City of Okeechobee Planning & Zoning Department Attn: Bill Brisson 55 SE 3`d Avenue Okeechobee, FL 34974 RE: Request for Small Scale Amendment Lots 3 - 6, Block 181, City of Okeechobee Mr. Brisson: 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 This letter report is intended to supplement the above -referenced application, specifically Part IV — Amendment Support Documentation. The subject property is part of an existing developed parcel (Lots 1 — 6, Block 181) owned by the applicant. Lots 1— 2 currently have a FLU designation of Multi -Family Residential, while the lots subject to this application (Lots 3 — 6) have a FLU Designation of Single -Family Residential. Further, current zoning for all six lots is Residential Multiple Family. Support documentation for the application is described below and/or attached hereto. I have attempted to use lettering/numbering consistent with that in the application form. A. GENERAL INFORMATION AND MAPS 1. Wording of Proposed text changes. N/A — No text changes are proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Map A-2 — Future Land Use Designations is attached. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Map A-3 — Existing Land Use (Actual) is attached. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. The subject property is within the urban developed area of the City Okeechobee. The existing use (multi -family) and zoning (Residential Multiple Family) is are consistent with the requested land use change. Further, the requested change is consistent with the development pattern in the area, bounded on the north and east with a mixture of commercial and residential uses, and to the south and west by a daycare and church. 5. Map showing existing zoning of the subject property and surrounding properties. Map A-5 — Existing Zoning Designations is attached. 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. A certified boundary survey of the parent tract (Lots 1— 6, Block 181), which includes the lots subject to this application (Lots 3 — 6, Block 181) is attached. A small-scale copy of the survey is included for distribution as ExhibitA-6. 7. A copy of the deeds) for the property subject to the requested change. ExhibitA-7- Deed is attached. 8. An aerial map showing the subject property and surrounding properties. Map A-8 —Aerial is attached. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A — The owner is the applicant. B. PUBLIC FACILITIES IMPACTS 1. Traffic Analysis — Utilizing the ITE Trip Generation Manual (81' Edition) to estimate traffic volumes associated with the proposed Land Use Designation (relative to the existing Land Use Designation), and utilizing the maximum development units for each as shown in Part III.B of the application, the estimated increase in expected traffic volumes is as follows: Description / ITE Code Units Expected Units Calculated Daily Trips PM Peak Trips Single Family Homes (210) DU 3 29 3 Apartment (220) DU 7 47 4 Increase 18 1 An estimated increase of 18 daily trips and 1 PM peak trip should be considered insignificant, and is not expected to burden existing LOS of the surrounding road network. Further, it should be point out that the maximum allowable number of development units (7) have already existed on the site for some time, and so no actual increase in traffic is expected. Potable Water and Sanitary Sewer / Open Space a. Potable water demand is estimated based on 2.7 people per development unit (DU) and 114 gallons per person per day (gppd), as follows: 7 DU x 2.7 people/DU x 114 gppd = 2,155 gallons per day (proposed FLU) 3 DU x 2.7 people/DU x 114 gppd = 923 gallons per day (existing FLU) Increased water/sewer demand = 1,232 gallons per day As stated above, the property is already developed with the maximum allowable number of DU, so no actual increases in water and sewer demand is expected. b. Recreation / Open Space demand is estimated based on 2.7 people per DU and a requirement of 3 acres per 1,000 peak season population, as follows: 7 DU x 2.7 people/DU x 3 acres/1000 = 0.057 acres (proposed FLU) 3 DU x 2.7 people/DU x 3 acres/1000 = 0.024 acres (existing FLU) Increased recreation / open space demand = 0.033 acres The small increase in required open space does not warrant additional open space or recreational area construction. Further, the subject property is in close proximity to significant open space, being only 2 blocks south of Flagler Park. 2 1 P a g e Correspondence with the appropriate agencies substantiating the adequacy of existing facilities to support the proposed change are included as Appendix B-3. At this point, we have received service confirmation letters regarding water and sewer, and have requested the same for schools and solid waste. As no increase in density over the existing use is expected (or even allowed), it is anticipated that existing service capacities are available to support the proposed SSA. C. ENVIRONMENTAL IMPACTS 1. Wetlands and aquifer recharge areas. N/A —the subject property is already developed for the proposed use, and is within a developed urban area of the City. There are no on - site wetlands or recharge areas. 2. Soils posing severe limitation to development. N/A —the subject property is already developed for the proposed use. 3. Unique habitat. N/A —there is no unique habitat on this developed property. 4. Endangered species of wildlife and plants. N/A —there are no known endangered species present_ 5. Floodprone areas. N/A —the subject property is within the developed City of Okeechobee, and has a flood zone designation of X. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Effect on the established City of Okeechobee population projections. The proposed SSA is to make the FLU designation of the subject property consistent with the existing actual use and existing zoning, therefore no population increase is anticipated (the existing use is already at the maximum allowed density under the proposed FLU designation). Therefore, the proposed amendment is expected to have no effect on the City's established population projections. 2. Goals and Objectives of the City's Comprehensive Plan that are affected by the proposed amendment. As already stated herein, the existing use is already at the maximum allowed density for the proposed Land Use and existing zoning. No increase in development potential is anticipated (or even possible), so no Goals or Objectives are expected to be affected. 3. Effects on the County's Comprehensive Plan as it relates to adjacent unincorporated areas. The subject property is well within the City of Okeechobee limits, and is therefore not expected to have any impact on adjacent unincorporated areas. The County's comprehensive plan will not be impacted. 4. State Policy Plan and Regional Policy Plan goals and policies relevant to this plan amendment. As already stated herein, the existing use is already at the maximum allowed density for the proposed Land Use and existing zoning. No increase in development potential is anticipated (or even possible), so State or Regional Policy Plan goals are expected to be affected. E. JUSTIFICATION OF PROPOSED AMENDMENT The proposed Small -Scale Amendment is consistent with both the current use of the subject property and the development pattern of surrounding properties. Multi -family land use has long been considered a natural "transition" between other multi -family and commercial uses (such as those that exist to the north and east of the subject parcel), and single-family uses 3 1 P a g e (such as those that exist further to the south and west of the subject parcel.) The subject parcel is already developed at its maximum allowable density under the proposed Amendment, so no increase in development potential is being requested, and no increased burden on public services is anticipated. We have attempted to prepare a complete application for the proposed Small Scale Amendment. However, if you have any questions or require any additional information at this time, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance in this matter. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President 4 1 P a g e EXHIBIT A-7 PROPERTY DEED QUITCLAIM DEED This instrument prepared by: Gregory D_ Jay, Esq. CHANDLER, BRITT & JAY, LLC 4350 South Lee Street Buford, Georgia 30518-1749 Rec. S18.50 Doc. St. $ .70 l fiilll ��fll illf! Iflif f!!!f Illll ifli If it FILE NUM 20I R3002784 OR BY. 757 PG 1813 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FLORIDA RECORDED 03/23/2015 03:31:42 Ph ALIT $10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY L Shain Pss 1813 - 1814; (2 R9s) t:c:%XrY k;x_� � TIAS UITCLAIM )IDEED, made on this the 190' day of March, 2015 between MATIAS (9 POZANO and A MARIA CAMPOZANO TRUJILLO ("Grantors") and ANA MARIA, CAMPOZANO TRUJILLO and AGUEDA BENITEZ, as tenants in common ("Grantees»); r1.349 Davis StreeC,,- ford Georgia 30518. WITNESSETH, that Grantor, for and in other good and valuable cons deration in h, acknowledged, quitclaim to G antee and Grant forever all of the right, title, an !,interest of G Okeechobee County, Florida: Legal Description: Lots 3 through 6, Block recorded in Plat Book 5 A: Florida. Subject to reshlc deration of LOVE AND AFFECTION, and aid by Grantee, the receipt of which is eirs, executors, administrators, and assigns in thI&lowing described land situated in `Okeechobee, ccording to the Plat thereof ;ecords,�Okeechobee County, an record, if any. Full Parcel ID: 3-15-37-35-0010-01810-0030 Location Address: 403 S.W. 3rd Street, Okeechobee GRANTOR: 01 / aS LWf Zak Signature Printed Name: MATIAS CAMPOZANO Address: 1349 Davis Street, Buford, GA 30518 Date: MARCH 19, 2015 WITNESSES: I "L SkDNATORE Print Name: SIMNATURE Print Nwne: Page 1 of 2 Book757/Page1813 CFN#2015002784 Page 1 of 2 GRANTOR: WITNESSES: o tU/L 0 , Signature swMTURE Printed Name: ANA MARIA CAMPOZANO TRUJILLO Print Name: Address: 1349 Davjs jt ie ,' uford, GA 30518 11M Date: MARCHax19;`-'�2015 STATE COUNT MATLA type of Signatur Print Na Notary I My Con (Seal) "4WOL,6U SIGNP.TURE Page 2 of 2 1, 2015 .se as a Book757/Page1814 CFN#2015002784 Page 2 of 2 BOUNDARY SURVEY PREPARED FOR ANA TRUJILLO & A GUEDA BENITEZ rJr Yfllr��[I)IY/ Jn PV7r! i✓�MP,N I Yy TtTO TpT� b wYN xY. I ' •`tiV�a�y"I N N it a AC ups p IL +uf0 S 0979'a9• w 299.a]'(U) 30a.O0(P) r)'BLOCK 1B1 a07 "°ate a~ a I .o r r BOUNDARY SURVEY 12 27 16 32334 DAI SAS O[SCAM110M/ Od1E A or cr SCALE / • 301 _DM 005/I0M•a MVYIEA. 30454 SNm aE �) 5 Y�NI -4 J-- I DFSCR/P RUN.• LOIS 1, 2, J, A 5 AND 6, &OCK /Bl. 07Y OF CN'EECHOB£E, ACCORDING 70 IH£ PLAT THEREOF AS RECORDED IN PLAT BOOK A PACE A PUBLIC RECORDS OF CKE£0i0B£E CO(/NTY, FLOWDA. PROJECT cOECIFIC- N0—C. 1) UNLESS 9Y0W 0W&WS& ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) 91F ADDRESS• 401 S W...2RD S7RL1rT. J) PARCEL W..• PARCEL /O J-15-37-35-0010-01010-001Q 4) r.LR.A/. IOrVE.' 'Yw MAP Na 12093COI8OC, DA rED 7-16-15 5) THIS SURLY IS NOT /N7J vw 7D DEPLCT AIRIMIC770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) SURYEYLR WAS NOT PROND£D NI7H ANY 77nE INFORMA RCW FOR THIS PARCEL SURLYOR ASSUMES NO RESPONS&UrY OR UABLU7Y FOR 7H£ ACCURACY Or £ASEMENr DLM£N90vs 9LONN HLIREON, ]HERE MAY BE 07N£R £ASYM£N75 OR RES7RICROVS 7HAT D77YCT THIS PARCEL. 7) THE SURLY DEPlC1ED HER£ IS NOT CDM7TDD BY PRor£S9'0NAL UAB1Ll7Y INSURANCE: ADOMMS 09 DELEDOVS M SURLY MAPS OR REPORTS SY OTHER THAN THE 90V/N0 PARTY OR PARRES /S PROHIBl7£D W7N0U7' oRini 1 L:CWS£NT Or 7HE 9GMNC PARTY OR PARDES B) BEARING REFERENCE.- 7H£ LY'NTE)RUNE OF SW. JRD AK NUE IS TAKEN 70 BEAR N0R 71y 695BIM, EAST. 9) DA 7£ or UST RaD SURI£Y.• 121201'1G LEOENO L1 NOO.pmt(n of u.. wawa 1-0 ta, alwmMoikn el o.na.n4 a roYmib+, ofl,la9 m. Ind. TRADEWINDS SURVEYING SERVICES, LLC. O-S.l Yon floe and CopNAfi US 4020 ■-Frond CIA1. .o. pwlmm.d a-F—d bon Aaa (ond Cap) •-rou..d Pip. (and Coo) 2. m. w..y dplcl.d hn. I. prpor.d .tluA.Ny hr NOM Pa.0., nol.d. 200 S.W. 3rd Avenue A98NENAwONS 3. Na nwa„anly u Yae)lly 1. anum.d 0y In. .urY+yv In u.. ►y e1Mr. fw1 p.tlk0ey nan.a Okeechobee. FL 34074 •.rawwu (•Cw.w[ 9•Cdd.ra urv•arw .v; a_ 4. Nal Mk Ylnwl U. 1 end .rMa..W uY H ne.Na Ik.n,M nm. a mappv 4e20. [•L.a •i9'a w• yp1 - E Tai: (883) 783-2887 RT.Gnw. K�.. w bT.(�wwwt f1xY..MY 1...v+. 3. Ina. a(. no N,D�. aYow. pound npexMnM1..Kp1 An. r� M.w .Yci..�r.woe y 6, a.1Y. l...w No ato,;I .e. —,d, to I—t, Y ooq oand SW-1. and/a. .nuopenn,.nl( (it my) o, pwt of Fax: (863) 783-4342 Y•Ywr.a IM•YN/x x•MW YLT.Nwa.MP KWA— �.r,w (•.tni, w,..y. Emoll: kab.l a® ehoo.com f. vnY.d Ml SS.tlt xM1.Yx i. fu w F•w�l aP.,y .a. VMW.d A—don...dln mo,avn toeMkai .to,ta,d, .4laW".d a tM naanowt,Y ,Px f•(.c MIS —Sy r•Inwn= fac.n.Y. w e......,..wa 9oerd al Surwyw. awe uatp... (Uoplr 6lOff-6. EA.C) pvnumt tw S.olrn 472.027. no,- Sla YI N.FM,rW1N .h�iNx u•r Yiw�;. 16i..�i• �..�w.�':, �ww,'1 Kannolh A. Broaux. Jr. (P8M 4820) LB NO. 8097 - MAP A-2 FUTURE LAND USE DESIGNATIONS STATE ROAD 70 KW. PARK STREET F L A G L E S.W. PARK STREET J?>! 164 a 3 2 165 e 3 a 3 2 166- S a 3 z 167 t?! -168 a 1 16 e 10 !! _ e ? .. Y i> _ % •2 •. 7 5 ._ is t2 9 ? :. ,. ,. . S.W 2 ND S ,178 - _ 1-77 --1- 76 -- a 3:- A-75 - 174 -17- 1 sw 3 ' 179 186 — --' A 82 183 ,184 5 10 tr ii 3 r g S1 ;_ ii ri 7 a 0 13 11 t? : e 9 �� .. _ .. 3 .. •, L '� t' w S?N. d TH 6 � .. i Lu go 89 - ---1-W=� 187 --186 — __ 5 21 t., „ 1Z F- 9 B 1G t5 12 3 S 13 1' 12 / 7 M @ -C ,•. .2 7 _ t -----In uBJ T-pPrERTY SLW. STH LAND USE CLASSIFICATIONS SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RAILROAD CENTERLINE UNINCORPORATED S J 3 2 1. ??" _ 194 195 _--2- 1.8 ' 21 ,2 S.W. 6 TH b 3 A 3 2 c -? i _ 196 - 231 Y 23 232 S.W. 7 TH ! , 6 _ _ .. , a 33 q llate" �SC(1:"CAS 4 3 2 1 0 11 12 61 7 a 9 4 7 3 2 1 79 10 11 12 MAP A-3 EXISTING LAND USE (ACTUAL) 2. 7 8 .1 - a 9 10 I ii 12 — — ---------- SINGLE FAMILY MULTI FAMILY COMMERCIAL / OFFICE CHURCH / NON-PROFIT (i �� �� �' DAYCARE VACANT PARKING LOT 6 5 4 7 8 9 w D z Lu a ,- 4 3, 2 . 1 4 3 6 5 4 11 ' d �"2 1 7 8 10 10 7 8 9 PROPFJRTY D ---------------------- * ------ Z z------------- I ---------------- Lu -3- -2- -1 ------ e- - 44 - -2 - 4 - 4 14 if %-,r ff ------------ iI ----------------------------- ---------------------------- - _aL - - - - - - - - - - - - - I --------------- ------------ - ------------- — ------------- ---- -------- ------------- ------------- -.5— ----- -------- 17 6 5 4 3 2 196 ej Ejjqineei Cc; 4 -c oricultu, , Civil". L"a1jc;'&' 2393 SlAl 67th Ddve F oleec-'! I -obse. 1 . - 349 k7-, 833.33_1.947_ MAP A-5 EXISTING ZONING DESIGNATIONS STATF ROAD 70 N.W. PARK STREET F L A G L E SAY. PARK STREFT 1.64 165 1-66 167 168 16� &W. 21 ND Si 178 177 176 75 174 17, &w. am 179 180 L .-o '—I1l F 182 183 ZONING COWINTAUAL ildkI;ffm: ;W-sr---.Ww Us" v VOW LU LLJ M D z Lu 0i S.W. 4 TH LU <> �, F 188 / 87 86 185 2 21 i� 11 �F Ic v �SUBJE�CT PR6—:RT-Y 1--93----- 194 195 248' 21:1 e iJ -1 V 7 b 0,* e V! v 11 1110 S.W. -8 197 196 t 231 23 232 &IN. 7 TH K3 S E �Dumner Er, iiineering & Cornst-litinq a s; ch o b e Ajcrrculture, C Land& V1ater 0 es 0 U i-ces ?uric ilture, Civil! Land, IRs- b,-r-vs 393 SW 67th Drive Sumner g3 rgineering & Consulting.,Inv. � , FL 34974 Agriculture, Gila/, Land & Water Resources 881634.9474 September 13, 2017 Okeechobee Utility Authority Attn: Mr. John Hayford, Executive Director Via email ihayford�ouafl corn RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 3 — 6, Block 161, City of Okeechobee Mr. Hayford: Our firm is assisting the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Single -Family Residential to Multi -Family Residential. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities, including water and sewer. In support of our request for this letter, please consider the following information. The subject property is within the urban developed area of the City, and is currently developed as multiple -family residential with seven (7) existing development units (one tri-plex and one quad). Further, the existing zoning for the property is Multiple -Family Residential. The request being presented to the City is to update the FLU Map to be consistent with existing zoning and current use of the property. Additional information on the subject property, taken from Sections II and III of the SSA application, is provided below for your use: II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment 0 Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Briefexplanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6, Block 181, City of Okeechobee. A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) l . Total Area of Property: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) C. Total Wetlands: 0.0 Acres (0.0 sq. ft.) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) 2 1 P a g e As shown in the table above, the proposed Land Use Amendment will allow for an increase of four (4) residential development units (DUs). Utilizing the LOS values in the City's Comprehensive Plan of 114 gallons per person per day (gppd) for water and wastewater and 2.7 persons per DU, the increase associated with the proposed SSA is: 7 DU x 2.7 people/DU x 114 gppd = 2,155 gallons per day (proposed FLU) 3 DU x 2.7 people/DU x 114 gppd = 923 gallons per day (existing FLU) Increased water/sewer demand = 1,232 gallons per day As stated above, the property is already developed with the maximum allowable number of DUs, so no actual increases in water and sewer demand is expected related to the proposed Future Land Use designation. Further, the existing site is permitted through the Florida Department of Health to house migrant labor, with a maximum seasonal occupancy of 38 people in the seven (7) DUs. Chapter 64E- 14.008, F.A.C. (Water Supply) requires potable water provided at such facilities of 50 gppd — in this case, the minimum required daily water supply to meet the State requirement is 50 gppd x 38 people = 1,900 gallons per day (existing actual use). As required by the SSA application process, we are requesting a letter from OUA confirming the adequacy of existing water and wastewater facilities to support the proposed FLU designation of Multi - Family Residential. Kindly provide the letter to my attention. If you have any questions, or require any further information, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President 31Page LOCATION MAP 5 .-,vta •; `' r>:`. ;p"' �s�R' ._ '.. ...-.. 'rye _�� ,.? res f � � , "ro I Ail Al �"'�Ga- ''1 ,.. Cons i+-tit^: - _-✓ .. -_ - OKEECHOBEE UTILITY AUTHORITY 100 SVV 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAQ. (863) 467-4335 September 21, 20i 7 Mr. Jeffrey M. Sumner P.E. Sumner Engineering & Consulting, Inc .393 SV�167t Drive Okeechobee, Florida 34974 Ref: Water Capacity Request Parcel ID No.. 3-15-37-35-0010-01810-0010 Site Address: Lots 3-6, Block 181 401 SW 31d Street Okeechobee, FIL 34974 Dear Mr. Sumner: In reference to a request of the availability of water capacity to the subject property, I submit the following information for your use in meeting the potable water demand requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capac'r_ty of 6 MGD. During the twelve month period from August 2016 to July 2017, the maximum daily flow was 3.65 MGD, or about 61 % of capacity. At the present time, the OUA has excess capacity at the treatment plants. The CILIA has a potable water distribution main in the alleyway behind the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the QUA at 863-763-9460. SincerelV, ;John F. Hayford P.E. Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 467-4335 September 21, 2017 Mr. jeffrey M. Sumner P.E. Sumner Engineering & Consulting, Inc 393 SWI 67th Drive Okeechobee, Florida 34974 Ref: Wastewater Capacity Reguest Parcel ID No.: 3-15-37-35-0010-01810-0010 Site Address. - Lots 3-6, Block 181 401 SW 3rd Street Okeechobee, FL 34974 Dear Mr. Sumner: In reference to a request of the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.0 MGD. During the twelve month period from August 2016 to July 2017, the annual average daily demand was 0.853 MGD, or about 28% of the current 3.0 MGD treatment capacity. The OUA has a gravity sewer main in the alleyway behind the subject property. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owners` expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, r C_-"John F. Hayfo4�E. Executive Director Okeechobee Utility Authority tUN - S'E limner Erx& _ onsufiin , Inc.-_ Agriculture, Civil, Land & Water Resources �r September 13, 2017 Okeechobee County School Board Attn: Mr. Ken Kenworthy, Superintendent Via email kenworthyk(a,okee.k12.fi.us RE: Request for Confirmation of Adequate Services Small -Stale Comprehensive Plan Amendment Lots 3 — 6, Block 181, City of Okeechobee Mr. Kenworthy: 393 SW 67€h 1,'TNP Oke. FL 34874 863.634.9474 Our firm is assisting the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Single -Family Residential to Multi -Family Residential. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities, including solid waste. In support of our request for this letter, please consider the following information. The subject property is within the urban developed area of the City, and is currently developed as multiple -family residential with seven (7) existing development units (one tri-plex and one quad). Further, the existing zoning for the property is Multiple -Family Residential. The request being presented to the City is to update the FLU Map to be consistent with existing zoning and current use of the property. Additional information on the subject property, taken from Sections II and III of the SSA application, is provided below for your use: 111. REQUESTED CHANGE (Please See Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment 0 Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Briefexplanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6 Block 181 City of Okeechobee. A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) G. Total Wetlands: 0.0 Acres (0.0 sq. ft.) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECTPROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) 2 1 P a g e As shown in the table above, the proposed Land Use Amendment will allow for an increase of four (4) residential development units (DUs). (It should also be noted, as stated above, that the property is already developed with the maximum allowable DUs (seven), so no actual increase in development is proposed.) As required by the SSA application process, we are requesting a letter from Okeechobee County School Board confirming the adequacy of existing or planned school facilities facilities to support the proposed FLU designation of Multi -Family Residential. Kindly provide the letter to my attention. If you have any questions, or require any further information, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance. Sincerely, Sumner Engineering & Consulting, Inc. 1 Jeffrey M. Sumner, PE President 31Page d�N N06i` !0®I Eck Sumner Eng.neering & Consulting, inc. —Agriculture, CAN, Land & Water Resources September 15, 2017 Okeechobee Landfill, Inc. Attn: Mr. Charles Orcutt, Market Area Engineer Via email co,-cuiti Cn'ti{ M.col I RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 3 — 6, Block 181, City of Okeechobee Mr. Orcutt: 393 SW 67th Dive Okee&4bee, FL 34974 853.634.9474 Our firm is assisting the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Single -Family Residential to Multi -Family Residential. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities, including solid waste. In support of our request for this letter, please consider the following information. The subject property is within the urban developed area of the City, and is currently developed as multiple -family residential with seven (7) existing development units (one tri-plex and one quad). Further, the existing zoning for the property is Multiple -Family Residential. The request being presented to the City is to update the FLU Map to be consistent with existing zoning and current use of the property. Additional information on the subject property, taken from Sections II and III of the SSA application, is provided below for your use: 111. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment 0 Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6 Block 181 City of Okeechobee. A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) C. Total Wetlands: 0.0 Acres (0.0 sq. ft.) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECTPROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) 2 1 P a g e As shown in the table above, the proposed Land Use Amendment will allow for an increase of four (4) residential development units (DUs). (It should also be noted, as stated above, that the property is already developed with the maximum allowable DUs (seven), so no actual increase in solid waste is anticipated.) As required by the SSA application process, we are requesting a letter from Okeechobee Landfill, Inc. confirming the adequacy of existing or planned solid waste facilities to support the proposed FLU designation of Multi -Family Residential. Kindly provide the letter to my attention. If you have any questions, or require any further information, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President 31Pai ENDS ' I 'IF I MI NO 0 IIMMILLL: I'V X41 "77 Z r i �� ✓L 0 • In Staff Report Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No.: LaK-,uc 1375 Jockson Sheet # 206 Fort Myers, FL 33901 The City of Okeechobee Agueda Benitez 17-004-SSA (401 SW 3rd Street) Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA General Information Ana Trujillo & Agueda Benitez Owner 1349 Davis Street Sugar Hill, GA 30518-4873 Applicant Agueda Benitez 401 SW 3rd Street Okeechobee, FL 34974 Applicant Phone Number 863-484-4459 Site Address 401 SW 3rd Street Contact Person Jeffrey M. Sumner, PE Contact Phone Number 863-634-9474 Contact Email Address jeff@sumnerengineering.com Legal Description of Subject Property Parcel Identification Numbers: 3-15-37-35-0010-01810-0010 Legal Description: LOTS 3 THROUGH 6, BLOCK 181, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a rectangular parcel encompassing 28,357 square feet of land, or about 0.65 acre. The property is designated Single - Family Residential on the FLUM but has long been zoned RMF, Residential Multiple Family. When there is a conflict between the Future Land Use and Zoning designations, the former supersedes the latter. The property owner proposes to change the Future Land Use designation of this property to Multi -family Residential, thereby eliminating the conflict between the Zoning Map and FLUM. The property is currently being used as a residential migrant housing facility, which is allowed as a special exception in the RMF Zoning District. The migrant facility has been permitted by the State and has been operating for a number of years; but was never approved as a Special Exception by the City. L-Kuc planning Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA The owner's intent is to legitimize the use by the combination of this amendment to Future Land Use Map and a subsequent request for approval of a Special Exception for a residential migrant housing facility under Section 90-194 of the Land Development Regulations. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 5 through 8. Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Future Land Use Single -Family Residential Category Zoning District RMF, Residential multiple - family Use of Property Multi -family residential migrant housing facility; seven units Acreage 28,357 sf (0.65 ac.) Proposed Multi -family Residential RMF, Residential multiple - family Multi -family residential migrant housing facility; seven units 28,357 sf (0.65 ac.) Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use General Analysis and Staff Comments Commercial & Multi -family Residential RMF, Residential Multiple -family & CHV, Heavy Commercial Retail store & Multi -family building Multi -family Residential RMF, Residential Multiple -family Single-family home and 1st Baptist Church across SW 4th Avenue Single -Family Residential & Multi -family Residential RMF, Residential Multiple -family Stepping Stones Day Care Single -Family Residential RMF, Residential Multiple -family 1st Baptist Church L.Klc Z ptanning Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA A Qualification for Amendment Based on the size of the property (0.65 acre) this application qualifies under Chapter 163, F.S. as a Small -Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current Development Potential The maximum standard density in the Single -Family Residential Future Land Use Category (FLUC) is four single-family units per acre. Five units/acre are allowed if the units qualify as affordable housing. The property is occupied by two multi -family structures — one is a two-story, four - unit building and the other is a single -story triplex. These seven dwelling units represent a density of 10.7 units per acre. All seven units are used for residential migrant housing. The current use is inconsistent with the City's Comprehensive Plan because the Single -Family Residential FLUC does not permit multi -family dwellings or densities more than five units per acre. C. Future Development Potential as Multi -family Residential. The standard maximum density for residential uses in the Multi -family Residential FLUC is 10 units per acre with 11 per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the 11 units/ac maximum for affordable housing, it is inconsistent with the density limitation in the RMF Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of §90-77 which allows 11 units per acre for redevelopment of substandard housing, thereby implementing the maximum set forth in the Comprehensive Plan. Comprehensive Plan Analysis A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Future Land Use Element Policy 2.1 b states "Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be 11 units per acre". Housing Policy 1.6 refers to the City enforcing its LDR provisions in providing the density bonus. §90-77 of the LDRs allows the maximum 11 units per acre only for substandard units that are "cleared and renewed". Therefore, if the change is approved, the property's compatibility with the Comp Plan will be improved in that the type of structure (i.e., multi -family) will be consistent with the Comp Plan. However, the property will remain nonconforming to the density limitation unless the units are determined to be substandard and are replaced. Policy 2.2 recommends that the City protect the use and value of private property L.K­3 planning Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The predominant Future Land Use and zoning designations in the immediate vicinity are either Multi -family or Commercial. Multi -family use on the subject property would be compatible with all the existing uses in the immediate vicinity. B. Adequacy of Public Facilities Traffic Impacts With seven multi -family units currently on the property and no ability to increase this number, the proposed change will not result in any traffic increase. Potable Water and Sewer Treatment The continuation of one form or another of seven residential units is unlikely to result in any significant increase in demand for water or sewer. The Applicant has included letters from the Okeechobee Utility Authority indicating that water and sewer service is available and there is adequate capacity to accommodate demand. Solid Waste The continuation of one form or another of seven residential units is unlikely to result in any significant increase in solid waste generation. The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other much more intensive developments and this proposed change in the Future Land Use designation will not generate additional solid waste. C. Environmental Impacts The site is already developed and has no unique characteristics associated with environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. L.Kuc 4 ptanning Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA Recommendation Based on the foregoing analysis, we find the requested Multi -family Residential Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Multi -family Residential on the City's Future Land Use Map. Submitted by: Wm. F. Brisson, AICP Planning Consultant November 1, 2017 Planning Board Public Hearing: November 16, 2017 City Council Public Hearing: December 19, 2017 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs FUTURE LAND USE LaKue ptanni.ng Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Agueda Benitez SUBJECT SITE AND ENVIRONS Petition No. 17-004-SSA I Alm, r MEN WIT , F-1 m COMPREHENSIVE PLAN LAND USE I SINGLE - =AMILY I MUL I - =AMILY COMMERCIAL ■ iNDJSTRIAL I ^� PUBLIC FACILITIES RESIDENTIAL LAIX.ED USE LaKuc ptanning m a n Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA ZONING SUBJECT SITE AND ENVIRONS M:Vmars 187 � 194 195iA ZONING - CBD-COMM BUSINESS DISTRICT . CHV - -HEAVY COMMERCIAL CLT- LIGHTCOMMERCIAL CPO - COMM PROFESSIONAL OFF CE H - HOLD ING ]NO - INDUSTRIAL PUB - PUBLIC FACILITIES PUD-M ICED FUD-R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAWLY RSF2-RESIDE`1TIAL SINGLE FAM LY_:=/ La Kuc planning Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17-004-SSA SW 4TM n EXISTING LAND USE SUBJECT SITE AND ENVIRONS rn a St Baptist R Churches 'a 06 1 i 90 .rnr. w so b aso .tN Lally- 8 ptanning _ NOVEMB ER 16, 2017 - PLANNING BOARD - PAGE 3 of 6 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17-004-SSA, from Application No. 17-004-SSA, from Single Family Residential to Single Family Residential (SF) to Multi -Family Residential (MF), 0.65± acres located at 401 Southwest 31d Street, Multi -Family Residential, 0.65± acres located at 401 SW 311 Street, Lots 3 Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE. through 6 of Block 181, CITY OF OKEECHOBEE (Exhibit 2). 1. Review Planning Staff Report - recommending approval. 2. Hear from the Property Owner or designee/agent -Jeffrey Sumner, P.E. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Application No, 17-004-SSA. Planner Brisson reviewed the Planning Staff Report and explained the property is designated SF on the FLUM but has long been zoned Residential Multiple Family (RMF). When there is a conflict between the two designations, the former supersedes the latter. The application is proposing to change the FLUM which will thereby eliminate the conflict. The property is currently being used as a residential migrant housing facility, which is permitted as a special exception use in the RMF Zoning District. The migrant facility has been permitted by the State and operating for a number of years; although never receiving approval as a special exception by the City. The owners intent is to legitimize the use by the combination of this amendment and then a subsequent request for approval of a special exception for a residential migrant housing facility. Planner Bdsson does recommend approval, based on the findings ,Mthin the Planning Staff Report (listed in Item 5.a.). Mr. Jeffrey Sumner, P.E. was present on behalf of the applicant and available for questions from the Board. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staffs findings are as follows: The current use is inconsistent with the City's Comprehensive Plan as the SF residential FLU Category does not permit multi -family dwellings or densities more than five units per acre. Regarding future development potential as MF residential, the standard maximum density for residential uses in the MF residential FLU category is 10 units per acre with 11 per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the 11 units per acre maximum for affordable housing, it is inconsistent with the density limitation in the RMF Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of Florida Statute 90-77 which allows 11 units per acre for redevelopment of substandard housing, thereby implementing the maximum set forth in the Comprehensive Plan. NnvPmnPP 16 91`117— Pi auwur. Roam . PArr A oP 6 AGENDA ACTION -DISCUSSION VOTE_ VI. PUBLIC HEARING CONTINUED. B. S. a) Consider a recommendation to the City Council to approve or deny The application may be consistent with the City's Comprehensive Plan, specifically Policy 2.1 b should the Application No. 17-004-SSA continued. change be approved as the property's compatibility with the Comp Plan will be improved in that the type of structure will be consistent with the Comp Plan. However, the property will remain nonconforming to the density Imitation unless the units are determined to be substandard and are replaced. The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element as the multi -family use on the subject property would be compatible with all existing uses in the immediate vicinity. Properties to the immediate North of the subject property are designated Commercial and MF residential on the FLUM, zoned RMF and Heavy Commercial (CHV) and developed as a restaurant and multi -family building. The property to the East is designated MF residential, zoned RMF and is a single family home. The properties to the South are designated SF and MF residential on the FLUM, zoned RMF and developed as a daycare. The block to the West is designated SF residential on the FLUM, zoned RMF and is the site of First Baptist Church Recreational Outreach Center. With seven multMamily units currently on the property and no ability to increase this number, the proposed charge will not result in any traffic increase. The continuation of one form or another of seven residential units is unlikely to result in any significant increase in demand for water or sewer. The applicant has included letters from the Okeechobee Utility Authority indicating that the water and waste water service is available and there is adequate capacity to accommodate demand. Again the continuation of the seven residential units is unlikely to result in any significant increase in solid waste generation. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. Motion and second offered by Members McCreary and Baughman to recommend approval to the City Council for Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17-004SSA, from Single Family Residential (SF) to Mu&Family Residential (MF), 0.65t acres located at 401 Southwest 3rd Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HooveR- YEA MCCOY • YEA BATTON —YEA BAUGHMAN • YEA BRASS • YEA JOHASSAINT—YEA MCCREARY—YEA KEEFE-N/A O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 19, 2017, 6:00 P.M. INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, FIor'da, that the attached copy of advertisement being a V11 1. N�1CSL in the matter of ai 1ACA in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of HIM Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me thi %day of ��C Q t�JV6f' AD Notary Public, State of Florida at Large ,•.".P+tip•., ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20,2020 s',F°: °"•: Bondod TTw Notary PubUc Urtderwdtm a��., / ELG`�7 E�% / / � --, Okeecho r tee INe�s� sz L V C ' v t�' 107 SW 17th t-re'et, Suite D�, Okeechobee, 1p Ida 34974 863-763-\ �,!� T-0 Ira PUBLIC NOTICE FUTURE LAND USE CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing cm Tues, Dec 19, 2017, at 6 PM, or as soon thereafter possible, at Gty Hall, 66 SE 3rd Ave, Okeechobee, FL,.to consider final reading for adoption of the following Ordinance into law: No. 1164: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (APPLICATION NO. 17.004-SSA)_ PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FU- TURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING' FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR The Ordinance is regardng Small Scale Comprehensive Plan Future Land Use Map Amendment Applicabon No. 17-004-SSA, submitted by Ms. Ayueda Benitez and Ms. Ana Campozano, property owners, on 0.65+/- acres, locat- ed at 401 SW 3rd Street. LEGAL: LOTS 3 THROUGH 6 OF BLOCK 181 CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORD OF OKEECHOBEE COUNTY, FLORIDA. All members of the public are encouraged to attend and participate in said Hearing. The proposed Ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any Rem on the agenda, a copy of the document, picture, video, or Rem MUST be provided to the City Clerk for the City's records. Clerk Lane Gamiotea, CMC ON 12/8/2017 Exhibit 4 Dec 19, 2017 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 FPN: 440372-1-54-01 Fund: SCRC FLAIR Category: Org Code: 55014010106 FLAIR Obj: 2"k FPN: Fund: _ Org Code: Fund: _ Org Code: County No:91 Contract No: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: Vendor No:F596000343001 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and the Citv of Okeechobee, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party' and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the prograrri(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authoritv, , Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in construction for the resurfacing of SE 3rd Avenue from SR 70 (Park St) to SE 41" Street, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before May 1", 2021. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement. The cost of any work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, Page 1 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement maybe amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $123,531.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties, The Department agrees to participate in the Project cost up to the maximum amount of $123,531.00 and, additionally the Department's participation in the Project shall not exceed 100% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: L Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; Page 2 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. if the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for Page 3 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. L If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department Page 4 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of Page 5 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: I. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of Page 6 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn7 construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ® shall ❑ shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on - Page 7 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i,e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Page 8 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 MO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(cDdot.state, fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(a�aud.state. fl.Lis v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public Page 9 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department , including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Recipient and persons employed or utilized by the Recipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Recipient's sovereign immunity." Page 10 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.80 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09117 The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any poficy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policylies procured above. 15. Miscellaneous: Page 11 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-450 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn7 a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. In. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes I. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Page 12 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.OIMC STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT aein Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F: Terms and Conditions of Construction in Department Right -of -Way *Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT CITY OF OKEECHOBEE 5Y5-070,80 PROGRAM MANAGEMENT 09/17 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Legal Review: By: Name: Page 14 of 14 i,hv 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osrn Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 440372-1-54-01 This exhibit forms an integral part of the State -Funded Grant Agreement between the State of Florida, Department of Transportation and City of Okeechobee (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.258 Miles - SE 3RD AVENUE FROM SR 70 (PARK ST) TO SE 4TH STREET PROJECT DESCRIPTION: The purpose of this Exhibit is to describe the scope of work and the responsibilities of the City of Okeechobee in connection with the resurfacing of SE Third Avenue from SR 70 (Park Street) to SE Fourth Street, approximately 1,250 feet. The project will also include sidewalk repair to meet ADA compliance, as appropriate. The general objective is for the City of Okeechobee to provide contract administration, management services, construction engineering inspection services and quality acceptance reviews of all work associated with the design and construction of the resurfacing and associated improvements. Specifically and non inclusive, the following are included in the Scope of Services: • Milling and Resurfacing the existing travel lanes according to City specifications. • Signing and pavement markings to meet the latest MUTCD standards, as appropriate. • The plans shall include an appropriate provision for maintenance of traffic. • Construct or reconstruct, as appropriate, sideroad and driveway turnouts. • Construct or reconstruct adequate drainage facilities to accommodate the roadway improvements, as appropriate. • Provide for the preparation of the Roadway Plans Package. • Identifying and obtaining any geotechnical investigation, analysis, and design dictated by the project needs. All geotechnical work necessary shall be performed in accordance with the governing regulations. • Construction Plans and Documentation provided for FDOT review at 60% and 100% completeness. • Plan Specifications and bid packages, to be provided by 100% Plan review. • A Professional Engineer, registered in the State of Florida, in responsible charge of the project's design shall professionally endorse (sign, seal and certify) the record plans, the special provisions and all reference and support documents. • Construction of the Project will not commence until FDOT has approved the construction plans and specifications and all required right-of-way has been properly obtained and certified (if applicable). • Coordination with utility owners during design and construction will be required to determine and avoid potential impacts. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osrn Page 2 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Where unavoidable, disposition of the utility conflicts should be coordinated • Acquisition of all applicable stormwater and environmental permits in accordance with Chapter 62-25, Regulation of Storm water Discharge, Florida Administrative Code; Chapter 373 and 403, Florida Statutes; Chapters 40 and 62, Florida Administrative Code; Rivers and Harbors Act of 1899; Section 404 of the Clean Water Act; and parts 114 and 115, Title 33, Code of Federal Regulations. In addition, permitting required by local agencies shall be prepared in accordance with their specific regulations. Acquisition includes all associated permit fees. • Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. • Upon completion of construction, Final As -built Construction Plans, signed and sealed by a Professional Engineer, registered in the State of Florida, will be provided. • Coordinate construction activities with other projects that are impacted by this project. This includes projects under the jurisdiction of local governments or other regional and state agencies. SPECIAL CONSIDERATIONS BY RECIPIENT: The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design plans contract to begin on or before June 1, 2018. b) Design plans to be completed by June 1, 2019. c) Actual Construction shall begin no later than December 1, 2019. d) Construction shall be completed by December 1, 2020. e) Closeout documents shall be completed by May 1, 2021. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 EXHIBIT "B" Page 1 of 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 55 S.E. Third Avenue 440372-1-54-01 Okeechobee, Florida 34974 I. PHASE OF WORK b Fiscal Year: FY FY FY TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 % % % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or % Maximum Department Participation - (Insert Pro gram Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A') or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 Y ,- $ 0.00 $ 0.00 $ 0.00 1 $0.00 % % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 ^ - Construction/CEI - Phase 54 $ 123,531.00 $ 0.00 $123,531.00 7%$ Maximum Department Participation - (� or or or $ $ 0.00 % % Maximum Department Participation - (SCRC) or or or or $ 123,531.00 $ $ $ 123,531.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A' %% % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT O9I17 EXHIBIT "B" Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE $ 0,00 $0.00 Insert Phase and Number (if applicable) $ 0,00 $ 0.00 % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST: $123,531.00 $0.00 $0.00 $123,531.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on rile evidencing the methodology used and the conclusions reached. District Grant Manager Name Signature STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT os„ 7 Page 1 of , EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and THE CITY OF OKEECHOBEE PROJECT DESCRIPTION:SE 3RD AVENUE FROM SR 70 (PARK ST) TO SE 4TH STREET FPI D#: 440372-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: Name: Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osin Page 1 of 7 EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number "Award Amount: $123,531.00 `The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https:Happs.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn7 Page 1 of 1 EXHIBIT "E" RECIPIENT RESOLUTION The Recipient Resolution, or other official authorization, authorizing entry into this Agreement is attached and incorporated into this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT oen 7 Page 1 of 1 ATTACHMENT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.mvfloridacfo.com/aadir/reference guide/. EXHIBIT "E" RECIPIENT RESOLUTION RESOLUTION NO.2017-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $123,531.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Okeechobee, Florida, approved the execution of a Small County Outreach Program Agreement (SCOP) with the Florida Department of Transportation (FDOT) providing for funding by FDOT of certain improvements to Southeast Third Avenue from State Road 70 (Park Street) to Southeast Fourth Street under Financial Project Number (FPN) 440372-1-54-01 on the below date; and WHEREAS, the FDOT has programmed up to $123,531.00 to reimburse the City of Okeechobee for the construction of work under the SCOP Agreement; and WHEREAS, the FDOT required the City of Okeechobee to provide a Resolution memorializing and confirming the City's aforementioned affirmative vote to approve the SCOP Agreement and authorizing its Mayor or designee to execute the Agreement; and WHEREAS, it is in the public interest that the parties enter in to the SCOP Agreement. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: On the below date, the City Council for the City of Okeechobee, Florida, approved by majority vote the Small County Outreach Program Agreement for FDOT FPN 440372-1-54-01 and authorized its Mayor or designee to execute the Agreement. SECTION 2: The City Clerk of the City of Okeechobee, shall forward a certified copy of this Resolution to FDOT along with the Executed Agreement. SECTION 3: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 5: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 19th day of December, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor RESOLUTION NO. 2017-12 PAGE 1 OF 1 Bobbie Jenkins From: Robin Brock Sent: Monday, December 18, 2017 11:21 AM To: Bill Brisson; Bobbie Jenkins; Herb Smith; Robert Peterson; Council Member Chandler; Council Member Clark; Mike O'Connor; Council Member Ritter; David Allen; India Riedel; Jackie Dunham; Jeff Newell; Jennifer Tewksbury; John Cook; Jonathan Holt; Katrina Elsken; Ken Keller; Kevin Kenny; Kim Barnes; Lane Gamiotea; Libby Pigman; Donald Hagan; Marcos Montes De Oca; Mayor Dowling R. Watford, Jr.; Melissa Henry; Patty Burnette; Paulette Wise; Sandy Perry; Sue Christopher; Terisa Garcia Subject: Added attachment to Exhibits 4 & 5 Attachments: 2017-12 SCOP 440372-1-54-Ol.pdf, 2017-13 SCOP 440373-1-54-Ol.pdf Please insert Resolution No. 2017-12 to Exhibit 4 and Resolution No. 2017-13 to Exhibit 5 of the city council agenda for tomorrow's meeting. These two resolutions are attachments to the SCOP grant agreements, authorizing execution. Printed copies will be distributed at the meeting. If you have any questions, please let me know. Thank you, Robin Executive Assistant City of Okeechobee 55 SE P Avenue Okeechobee, FL 34974 (863)763-3372 (863)763-9812 (direct) FAX: (863)763-1686 Email: rbrock(a�cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Exhibit 5 Dec 19, 2017 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-OlUO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09117 FPN: 440373-1-54-01 Fund: SCRC FLAIR Category: Org Code: 55014010106 FLAIR Obj: FPN: FPN: Fund: _ Org Code: Fund: _ Org Code: County No:91 Contract No: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: Vendor No. F596000343001 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and the City of Okeechobee, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority , Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in construction for the resurfacing of SE 61h Street from US 441 to SE 61h Avenue, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before May P' 2021. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement. The cost of any work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01MO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $54,006.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $54,006.00 and, additionally the Department's participation in the Project shall not exceed 100% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and Page 2 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Page 3 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT as1,7 If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Page 4 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010b0 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, Page 5 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 MO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT oem construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Page 6 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ® shall ❑ shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215,97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on - site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through Page 7 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSinaleAuditadot. state .fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(c�aud.state.fl.us Page 8 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01MO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT asn 7 v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215,97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. Page 9 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010$0 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract, and Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department , including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Recipient and persons employed or utilized by the Recipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Recipient's sovereign immunity." b. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the Page 10 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010b0 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policylies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above, 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsuitants are not agents of the Department as a result of this Agreement. Page 11 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes I. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes, 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance 'Exhibit C: Engineer's Certification of Compliance Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution "Exhibit F: Terms and Conditions of Construction in Department Right -of -Way 'Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements 'Additional Exhibit(s): "Indicates that the Exhibit is only attached and incorporated if applicable box is selected. Page 12 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osin The remainder of this page intentionally left blank. Page 13 of 14 STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT CITY OF OKEECHOBEE 525-010-60 PROGRAM MANAGEMENT 08/17 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By, Name: Name: Title: Title: Legal Review: By: Name: Page 14of14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01MO STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT asn 7 Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 440373-1-54-01 This exhibit forms an integral part of the State -Funded Grant Agreement between the State of Florida, Department of Transportation and City of Okeechobee (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.334 Miles - SE 6TH STREET FROM US 441 TO SE 6TH AVENUE PROJECT DESCRIPTION: The purpose of this Exhibit is to describe the scope of work and the responsibilities of the City of Okeechobee in connection with the resurfacing of SE Sixth Street from US 441 to SE Sixth Avenue, approximately 1,700 feet. The project will also include sidewalk repair to meet ADA compliance, as appropriate. The general objective is for the City of Okeechobee to provide contract administration, management services, construction engineering inspection services and quality acceptance reviews of all work associated with the design and construction of the resurfacing and associated improvements. Specifically and non inclusive, the following are included in the Scope of Services: • Milling and Resurfacing the existing travel lanes according to City specifications. • Signing and pavement markings to meet the latest MUTCD standards, as appropriate. • The plans shall include an appropriate provision for maintenance of traffic. • Construct or reconstruct, as appropriate, sideroad and driveway turnouts. • Construct or reconstruct adequate drainage facilities to accommodate the roadway improvements, as appropriate. • Provide for the preparation of the Roadway Plans Package. • Identifying and obtaining any geotechnical investigation, analysis, and design dictated by the project needs. All geotechnical work necessary shall be performed in accordance with the governing regulations. • Construction Plans and Documentation provided for FDOT review at 60% and 100% completeness. • Plan Specifications and bid packages, to be provided by 100% Plan review. • A Professional Engineer, registered in the State of Florida, in responsible charge of the project's design shall professionally endorse (sign, seal and certify) the record plans, the special provisions and all reference and support documents. • Construction of the Project will not commence until FDOT has approved the construction plans and specifications and all required right-of-way has been properly obtained and certified (if applicable). • Coordination with utility owners during design and construction will be required to determine and avoid potential impacts. Where unavoidable, disposition of the utility conflicts should be coordinated. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 Page 2 al 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES • Acquisition of all applicable stormwater and environmental permits in accordance with Chapter 62-25, Regulation of Storm water Discharge, Florida Administrative Code; Chapter 373 and 403, Florida Statutes; Chapters 40 and 62, Florida Administrative Code; Rivers and Harbors Act of 1899; Section 404 of the Clean Water Act; and parts 114 and 115, Title 33, Code of Federal Regulations. In addition, permitting required by local agencies shall be prepared in accordance with their specific regulations, Acquisition includes all associated permit fees. • Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. • Upon completion of construction, Final As -built Construction Plans, signed and sealed by a Professional Engineer, registered in the State of Florida, will be provided. • Coordinate construction activities with other projects that are impacted by this project. This includes projects under the jurisdiction of local governments or other regional and state agencies SPECIAL CONSIDERATIONS BY RECIPIENT: The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design plans contract to begin on or before June 1, 2018. b) Design plans to be completed by June 1, 2019. c) Actual Construction shall begin no later than December 1, 2019. d) Construction shall be completed by December 1, 2020. e) Closeout documents shall be completed by May 1, 2021. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm EXHIBIT "B" Page 1 of 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 55 S.E. Third Avenue 440373-1-54-01 Okeechobee, Florida 34974 1. PHASE OF WORK by Fiscal Year: FY FY FY TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0,00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0,00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0,00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0,00 Local Participation (Any applicable waiver noted in Exhibit "A") % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 $ 0.00 $54,006.00 Construction/CEI - Phase 54 $ 54.006.00 $ 0.00 Maximum Department Participation - or or or or $ $ $ $ 0.00 Maximum Department Participation - (SCRC) or or or or $ 54,006.00 $ $ $ 54,006.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % %% % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 EXHIBIT "B" Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0,00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0,00 II. TOTAL PROJECT COST: $54,006.00 $0.00 $0.00 $54,006.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216,3475, FLORIDA STATUTES' I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216,3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. District Grant Manager Name Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and THE CITY OF OKEECHOBEE PROJECT DESCRIPTION:SE 6TH STREET FROM US 441 TO SE 6TH AVENUE FPID#: 440373-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: P. E. Name: Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Page 1 of 1 EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number "Award Amount: $54,006.00 'The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: httpsalapps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osm Page 1 of 1 EXHIBIT "E" RECIPIENT RESOLUTION The Recipient Resolution, or other official authorization, authorizing entry into this Agreement is attached and incorporated into this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Page 1 of 1 ATTACHMENT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.mvfloridacfo.com/aadir/reference guide/. EXHIBIT "E" RECIPIENT RESOLUTION RESOLUTION NO.2017-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $54,006.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Okeechobee, Florida, approved the execution of a Small County Outreach Program Agreement (SCOP) with the Florida Department of Transportation (FDOT) providing for funding by FDOT of certain improvements to Southeast Sixth Street from US Highway 441 to Southeast Sixth Avenue under Financial Project Number (FPN) 440373-1-54-01 on the below date; and WHEREAS, the FDOT has programmed up to $54,006.00 to reimburse the City of Okeechobee for the construction of work under the SCOP Agreement; and WHEREAS, the FDOT required the City of Okeechobee to provide a Resolution memorializing and confirming the City's aforementioned affirmative vote to approve the SCOP Agreement and authorizing its Mayor or designee to execute the Agreement; and WHEREAS, it is in the public interest that the parties enter in to the SCOP Agreement. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: On the below date, the City Council for the City of Okeechobee, Florida, approved by majority vote the Small County Outreach Program Agreement for FDOT FPN 440373-1-54-01 and authorized its Mayor or designee to execute the Agreement. SECTION 2: The City Clerk of the City of Okeechobee, shall forward a certified copy of this Resolution to FDOT along with the Executed Agreement. SECTION 3: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 5: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 19th day of December, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor RESOLUTION NO. 2017-13 PAGE 1 OF 1 Bobbie Jenkins From: Robin Brock Sent: Monday, December 18, 2017 11:21 AM To: Bill Brisson; Bobbie Jenkins; Herb Smith; Robert Peterson; Council Member Chandler; Council Member Clark; Mike O'Connor, Council Member Ritter; David Allen; India Riedel; Jackie Dunham; Jeff Newell; Jennifer Tewksbury; John Cook; Jonathan Holt; Katrina Elsken; Ken Keller; Kevin Kenny; Kim Barnes; Lane Gamiotea; Libby Pigman; Donald Hagan; Marcos Montes De Oca; Mayor Dowling R. Watford, Jr.; Melissa Henry; Patty Burnette; Paulette Wise; Sandy Perry; Sue Christopher; Terisa Garcia Subject: Added attachment to Exhibits 4 & 5 Attachments: 2017-12 SCOP 440372-1-54-Ol.pdf; 2017-13 SCOP 440373-1-54-Ol.pdf Please insert Resolution No. 2017-12 to Exhibit 4 and Resolution No. 2017-13 to Exhibit 5 of the city council agenda for tomorrow's meeting. These two resolutions are attachments to the SCOP grant agreements, authorizing execution. Printed copies will be distributed at the meeting. If you have any questions, please let me know. Thank you, Robin rig Executive Assistant City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863)763-3372 (863)763-9812 (direct) FAX: (863)763-1686 Email: rbrock(aD_cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Exhibit 6 Dec 19, 2017 Annexation Study Okeechobee, Florida October 2017, - Preoared by: LaRue Planning md Managprnent in Urban. Visions,iyse _ ss ij�,- s OKEECHOBEE, FLORIDA ANNEXATION STUDY ExecutiveSummary ............................................................................................................................... 1 TARGETED STUDY AREAS........................................................................................................................................3 CHARACTERISTICS OF STUDY AREAS.......................................................................................................................... 5 DEMOGRAPHIC COMPOSITION.................................................................................................................................6 POPULATION, HOUSEHOLDS, AND BUSINESSES IN THE STUDY AREA...............................................................................6 Background Information: Okeechobee and Study Areas.......................................................................12 INCOME, POVERTY, AND EDUCATION......................................................................................................................14 Implicationsof Annexing or Not Annexing........................................................................................... 15 TAXBASE...........................................................................................................................................................15 FINANCIAL EQUITY IN THE REGION..........................................................................................................................15 EFFICIENT USE OF LAND........................................................................................................................................16 FrequentObjections to Annexation..................................................................................................... 17 Infrastructureand Land Use................................................................................................................ 19 LAND USE IN THE STUDY AREAS.............................................................................................................................19 FIRESERVICE AND EMS........................................................................................................................................24 SANITARY SEWER & POTABLE WATER.....................................................................................................................24 SOLIDWASTE.....................................................................................................................................................26 ROADWAY CLASSIFICATION AND PROJECTS..............................................................................................................26 Estimated Study Area Revenues for FY 2017........................................................................................ 28 SCENARIO 1: STUDY AREA 1 AND STUDY AREA 2 ANNEXED........................................................................................28 ESTIMATED STUDY AREA EXPENDITURES FOR FY 2017..............................................................................................29 DEPARTMENT -SPECIFIC UNIT MEASURES.................................................................................................................29 NET FISCAL IMPACT: COMPARING REVENUES AND EXPENDITURES IN THE STUDY AREAS..................................................30 SCENARIO 2: PORTIONS OF STUDY AREA 1 AND STUDY AREA 2 ANNEXED.....................................................................32 NET FISCAL IMPACT: COMPARING REVENUES AND EXPENDITURES IN THE STUDY AREAS..................................................34 Conclusions........................................................................................................................................ 36 AdditionalPolicy Considerations......................................................................................................... 38 TRANSITIONPERIOD.............................................................................................................................................38 L'R- i ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Appendices......................................................................................................................................... 39 F.S. 171.0413 ANNEXATION PROCEDURES.............................................................................................................40 ACHOICE OF PROCEDURE: .................................................................................................................................... 44 Excerptson Annexation...................................................................................................................... 45 A PRACTICAL PERSPECTIVE ABOUT ANNEXATION IN FLORIDA......................................................................................45 Table1. City / County Comparison...................................................................................................................6 Table 2. Census Tract 9106.01 Demographic Snapshot by Block Group..........................................................9 Table 3. Census Tract 9105 Demographic Snapshot by Block Group.............................................................11 Table 4. Land Use Limits: City and County for Two Land Uses.......................................................................22 Table 5. City Residential Mixed Use vs. County Urban Residential Mixed Use..............................................22 Table 6. Land Use Density / Intensity/Acreage for County Land Uses............................................................23 Table 7. Land Use Maximum Density/Intensity/Percent of Total Land Uses — Okeechobee County.............23 Table8. EMS Rates 2017.................................................................................................................................24 Table 9. Water and Sewer Service Coverage in Study Areas..........................................................................24 Table 10. Water and Wastewater Plant Capacity...........................................................................................25 Table 11. Projected Water and Wastewater Demand....................................................................................25 Table 12. General Fund Revenues and Expenditures With and Without Annexation....................................31 Table 13. Per Capita Cost for Services.............................................................................................................31 Table 14. General Fund Revenues and Expenditures With and Without Alternate Annexation ....................34 Table 15. Per Capita Cost for Service Alternate annexation Areas.................................................................35 Table 16 . Summary of Revenues and Expenditures Scenario 1 vs. Scenario 2..............................................36 L.K., ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Map 1. Census Tracts - City of Okeechobee....................................................................................................3 Map 2. Census Tracts and Block Groups in Relation to City Boundaries........................................................4 Map 3. Census Tracts and Block Groups Minus City Boundaries.....................................................................5 Map 4. Census Track 9106.01 Block Group 2 Population................................................................................7 Map 5. Census Tract 9106.01 Block Group 3 Population.................................................................................7 Map 6. Census Tract 9106.01 Block Group 5 Population.................................................................................8 Map 7. Census Tract 9106.01 Block Group 1 Population.................................................................................8 Map 8. Census Tract 9105 Block Group 1 Population....................................................................................10 Map 9. Census Tract 9105 Block Group 2 Population....................................................................................10 Map 10. Census Tract 9105 Block Group 3 Population..................................................................................11 Map 11. City of Okeechobee Future Land Use Map......................................................................................20 Map 12. Okeechobee County Future Land Use Map.....................................................................................21 Map 13. Alternative Annexation Areas..........................................................................................................32 Figure 1. Census Tract 9106.01 Taxable Values by Block Group.....................................................................28 Figure 2. Census Tract 9105 Taxable Values by Block Group..........................................................................29 Figure 3. Recommended Block Groups in ASA 1 and Taxable Values.............................................................33 Figure 4. Recommended Block Groups in ASA 2 and Taxable Values.............................................................33 L;IK— i i i planning OKEECHOBEE, FLORIDA ANNEXATION STUDY The purpose of this report is to present information about annexation options for the City of Okeechobee, and to address the implications of annexing or not annexing land into the city. Several areas surrounding the city have been examined to determine the costs of extending city services. The general areas of study include portions of Census Tract 9106.01 and Census Tract 9105 (Map 1). Recommended annexation areas are identified based on the location of the area, proximity of surrounding development, costs of extending utilities, and readiness of the area to be developed. Annexation of land can be a simple matter if the land under consideration is undeveloped and annexation is desired to facilitate development. On the other hand, annexation can be complicated and contentious if existing development exists within the annexation area, particularly if that development is in the path of land that needs city services. It is important to work with the owners of these affected properties to ensure that all questions are answered to the best of the city's ability, and that fears and concerns about annexation are addressed. The two areas under study have both large vacant (agricultural) land and to varying degrees areas of residential and commercial development. This report addresses the issues that frequently arise during the annexation process and explains the importance of annexation to the growth and financial health of the city, the county, and the region. In March 2017, the City of Okeechobee requested that their Planner of Record, LaRue Planning and Management, Inc. conduct a study with the following parameters: The annexation study area will use the following criteria as a basis for identifying potential annexation areas warranting further evaluation: a. Areas outside the City that are designated Urban Residential Mixed Use on the Okeechobee County Conceptual Future Land Use Map (see attached map). b. Areas that can be serviced, at acceptable response times, by the City's Police, Fire and Emergency Medical equipment and personnel. Areas that receive water and sewer service from the Okeechobee Utility Authority. c. Properties, the owners, residents, businesses and customers of which are likely to use City roads as the primary means of access. Once the preliminary determinations of potential annexation areas are made, the targeted properties will be identified on a map or maps; and their physical descriptions provided including current County Future Land Use and Zoning designations, and assessment of existing infrastructure conditions. Explanation of annexation process under Ch. 171 FS. Ad -valorem real property impacts if annexation occurs. Other general fund revenue impacts if annexation occurs. Fiscal impacts upon Okeechobee if annexation occurs (will rely on City staff and Okeechobee Utility Authority input). Possible strategies for the City of Okeechobee to pursue. L:.Rue 1 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY This report presents an analysis of how annexing these areas would affect the city's finances. More specifically, we studied whether the estimated municipal revenues derived in the study areas will be greater or lesser than the cost to provide levels of service in the study areas comparable to that currently received by Okeechobee residents and businesses. This study should not be viewed as a statement supporting or discouraging annexation; rather it is an information tool for the elected and appointed officials and the citizens of Okeechobee. However, because of the nature of the area abutting the most promising Urban Residential Mixed Use (URMU) areas adjacent to the City boundary, small areas of Commercial Corridor Mixed Use land use and small portions of land designated Commercial Activity Center have been included. These areas studied are referred to in the report as Annexation Study Area 1 (ASA1) and Annexation Study Area 2 (ASA2) and are shown on Maps 2 and 3 of this report. To carry out the analysis, we focused on two questions: 1) how much revenue would Okeechobee have collected from the study areas in fiscal year 2017 (January 1, 2017 to December 31, 2017) if the land had been annexed into the city and 2) how much would Okeechobee have spent in 2017 to provide services to the study areas. For the purpose of the revenue analysis, we specified that the study areas had been annexed one or more years prior to fiscal year 2017 and as a result there are no lost revenues due to transition issues nor do we consider the effects of cash flow. LaRue 2 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY The areas targeted for study are located to the west, south and southwest (ASA1) and east and southeast (ASA2) of the City. These areas were selected because of: Their land use — URMU, CCMU and CAC; Their proximity to services or potential services; and Their use of city roadways in their daily travels. These were the three main criteria for selecting an annexation area. Granted, there are other suitable areas northwest, north, and northeast of the City; however, it seems more practical that the City named after Lake Okeechobee have boundaries extending to the lake. These areas also correspond to Census Tracts 9106.01 and 9105. This allowed the preparer to use Census data that was readily available. The City's main arterials either flow through the study areas or create natural borders. Finally, these areas are contiguous to City boundaries and rely on urban services. The following maps show Census Tracts and how they relate to the City boundaries. They also show specific census block groups which were used for demographic and taxable value purposes. Map 1. Census Tracts - City of Okeechobee 1 Source: US Census 2010 7040� L-Kuc 3 pfanni.ng OKEECHOBEE, FLORIDA Map 2. Census Tracts and Block Groups in Relation to City Boundaries Source: US Census Bureau 2010, Urban Visions, Inc. 2017 ANNEXATION STUDY LaKt- 4 planning OKEECHOBEE, FLORIDA Map 3. Census Tracts and Block Groups Minus City Boundaries Source: US Census 2010, Urban Visions, Inc. ANNEXATION STUDY Preliminary to making fiscal studies is an investigation of the population and land use characteristics of study areas. Future tax revenues — upon which feasibility largely rests — will depend on several variables, among them population size and density, which in turn affect the need for municipal services. The following types of data relating to the physical characteristics of a study area often are collected: • Population • Households • Businesses • Land Use • Utilities L.IK— 5 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY According to the 2010 U.S. Census, Okeechobee and Okeechobee County are similar: Table 1. City / County Comparison City County 5,621 people (2016 estimate 5,552) 39,996 (2016 estimate 40,806) Median age is 36.9 Median age is 39.9 70% are a high school graduate or higher 70.3% are a high school graduate of higher There are 2,265 housing units There are 18,278 housing units Median household income of $41,264 Median household income of $35,405 28% live below the poverty level 27.7% live below the poverty level 62% are White 64% are White 8% are African American 9% are African American 27% are Hispanic or Latino (of any race) 25% are Hispanic or Latino (of any race) 1% are American Indian or Alaska Native 1% are American Indian or Alaska Native 2% are Asian 1% are Asian The analysis began with an examination of the demographic composition of the study areas, since both revenues and expenditures depend largely on the numbers of households and businesses that an annexation would bring into the City. Using 2010 U.S. Census Tract and Block data, Census estimates for 2016, estimated population of the study areas is 8,007 (3,863 in ASA1 and 4,144 in ASA2). The average household size in the study areas is 2.4, slightly less than the City's at 2.57. There are 1,657 housing units in ASA1 and 2,663 housing units in ASA2, a total of 4,320. There are approximately 2,985 households in the study areas. A "Household" is referring to the people who are living in a housing structure and a "Housing Unit" is describing the actual structure in which residents live. The study areas contain commercial and agricultural parcels. The businesses are a small percentage of the number of businesses in the City and County. There are approximately 40 businesses along the 441/98/78 arterials and three along SR 70 west of Parrott Avenue. There are approximately 716 businesses located in the City, therefore, the impact from 41 additional businesses is not significant (although included in this number is Home Depot and KOA). What is significant is that the lack of businesses outside the City in ASA 1 and ASA 2, which implies the majority of residents in the study areas travel into the City for services and shopping. This satisfies one of the parameters of the study directed by the Council. The Census Tracts and specific Block Group data for ASA 1 and ASA 2 are shown on the following maps: LIK11= 6 planning OKEECHOBEE, FLORIDA Map 4. Census Track 9106.01 Block Group 2 Population Block Group 2, Okeechobee, FL 910 2 o 57. Source: US Census 2010, American Community Survey 2015 Map 5. Census Tract 9106.01 Block Group 3 Population Block Group 3, Okeechobee, FL 1,037 Source: US Census 2010, American Community Survey 2015 ANNEXATION STUDY L aKue 7 planning OKEECHOBEE, FLORIDA Map 6. Census Tract 9106.01 Block Group 5 Population Block Group 5, Okeechobee, FL 1,320 Source: US Census 2010, American Community Survey 2015 Map 7. Census Tract 9106.01 Block Group 1 Population Block Group 1, Okeechobee, FL 596 P;;aula: cn 527.6 — -• Source: US Census 2010, American Community Survey 2015 ANNEXATION STUDY LaK-c $ pfanni.ng OKEECHOBEE, FLORIDA Table 2. Census Tract 9106.01 Demographic Snapshot by Block Group ANNEXATION STUDY Census Tract 9106.01 BG 1 BG 2 BG 3 BG 5 Population 596 910 1,037 1,320 Per Capita Income $19,884 $26,317 $22,414 $37,513 Median Household Income $41,923 $46,103 $57,024 $59,435 Households 300 335 304 520 Persons per Household 2 2.7 3.4 2.5 Housing Units 644 388 420 625 Percent Occupied 47% 86% 72% 83% Majority Housing Type 91% MH 94% SF 92% 75% SF Percent Owner Occupied 95% 65% 86% 78% Median Value of Owner Occupied Housing Unit $78,700 $87,200 $117,600 $137,600 Source: U.S. Census, 2010, Census Reporter Lz&uc ptanni.ng OKEECHOBEE, FLORIDA Map 8. Census Tract 9105 Block Group 1 Population Block Group 1, Okeechobee, FL 1.313 Source: US Census 2010, American Community Survey 2015 Map 9. Census Tract 9105 Block Group 2 Population Block Group 2, Okeechobee, Fl. 1,591 z Source: US Census 2010, American Community Survey 2015 ANNEXATION STUDY L,K— 10 planning OKEECHOBEE, FLORIDA Map 10. Census Tract 9105 Block Group 3 Population Block Group 3, Okeechobee, FL 1,240 Source: US Census 2010, American Community Survey 2015 Tahle 3. Census Tract 910S Demoeranhic Snanshot by Block Grouo ANNEXATION STUDY Census Tract 9105 BG 1 BG 2 BG 3 Population 1,313 1,591 1,240 Per Capita Income $13,329 $23,010 $23,010 Median Household Income $23,293 $46,849 $46,849 Households 670 591 569 Persons per Household 1.9 2.7 2.3 Housing Units 1162 713 788 Percent Occupied 58% 83% 72% Majority Housing Type 58% MH 73% SF 66% MH Percent Owner Occupied 57% 87% 83% Median Value of Owner Occupied Housing Unit $91,900 $164,700 $87,400 Source: U.S. Census, 2010, Census Reporter The Census Tracts have a slight overlap with City boundaries. This does not affect the general characteristics of each Block Group, but was carefully considered when collecting taxable values of parcels. Refer to Map 3 to see areas where data was collected for calculating taxable values and ad valorem. About the American Community Survey (ACS): it is a national survey that uses continuous measurement methods. In this survey, a series of monthly samples produce annual estimates for the same small areas (census tracts and block groups) formerly surveyed via the decennial census long -form sample. Because it uses samples rather than actual counting, there is a greater margin of error for the statistics provided; however, it is used because it has been seven years since the last decennial census and it is an acceptable means of estimating data of this type. L-Kuc 11 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Although the purpose of this study is to assess the fiscal impact of the proposed annexation on the City of Okeechobee, we have also included brief highlights of the City of Okeechobee. In October 1896, Peter and Louisiana (Chandler) Raulerson and their children left the Basinger settlement and moved southeast to the unsettled wilderness along Taylor Creek, a few miles north of Lake Okeechobee. A three -yoke ox team- with covered wagon and a horse and buggy carried the family and household effects to their new home. Peter Raulerson, son of Noel Rabun Raulerson, Sr., was born September 1, 1857, in Hillsborough (now Polk) County. He came with his parents to Basinger at the age of seventeen and in 1877 married Louisiana Chandler. Peter was a cattleman and during the 1890's he stretched thirty miles of fence from Taylor Creek to the Kissimmee River, enclosing what was then known as the Bend, because of the bend of land bordered by the river and the creek. When they reached their destination the first task was to build a barn shelter in which the family lived for three years. In 1899 the Raulersons decided to build a larger, more substantial structure. Friends from Basinger and Fort Drum came down and stayed for three days to help erect the log house. At the log -raising they also fenced in two and a half acres with cabbage logs to provide an area for the raising of vegetables. It was in 1909 that the Tantie community obtained a new schoolhouse which was built on the west side of what is now South Parrott Avenue. The one-story white -frame structure was officially designated School 14 by the St. Lucie County school system. During the 1909-10 term the supervisors or trustees were Peter Raulerson, Henry Hancock, and Weyman Potter, and the teacher was Dr. Hubbard. The pupils were: Girls: Jincy, Susie. Faith, Grace, Zora, Beulah, and Effie Raulerson; Ruth, Janie, Murray, Vera, and Elsie Hancock; Bertha, Grace, and Lottie Davis; Cola and Banna Wright; and Ada Sloan; Boys: Charles and Marcus Gibson; Winnie and Clarence Hancock; Nathan and Clarence Jones; Burns, Melville, Cornelius, Harmon, Hiram, Rabun, and Eddie Raulerson; Lawrence and Carl Sloan; Curtis Wright; Luther Davis; and Martin Strickland. (From: History of Okeechobee County By Kyle S. VanLandingham and Alma Hetherington) The area was a prime location for fishing and hunting. The first school was a palmetto shack, and the second school term was taught in a barn. As the population increased, a schoolteacher was brought down from South Carolina, an energetic redhead named Tantie Huckabee. The Post Office was established in 1902, and a sawmill and several stores started up in the years following. In 1909 a new wooden schoolhouse was built. As a testament to the energy and enthusiasm Ms Huckabee brought to the community, the town and post office were named Tantie in her honor. In late 1910 it was announced that Flagler's Florida East Coast Railroad would be extended to Tantie. FEC Vice President J. Ingraham envisioned the town becoming a great metropolis, and deemed the name Tantie inappropriate for such a big future city. The town was renamed Okeechobee and laid out by the railroad company to be a model city. Flagler railroad officials took over control of the town, platting and selling land, replacing the wooden buildings of Tantie with a city of concrete and brick. (From: Jim Pike, http://ghosttowns.com/states/fl/tantie.htmi) The extension of Henry Flagler's East Coast railroad, from New Symra Beach down to Kenansville, then branching off to Okeechobee (East) and Prairie Ridge (West). bK ' 12 ptanning OKEECHOBEE, FLORIDA ANNEXATION STUDY The East Branch of Henry Flagler's line was completed to Okeechobee City in 1914, and the West Branch (originally intended to reach Basinger) came 12 miles short, ending at Prairie Ridge in 1916. Many small towns, citrus and farming areas formed around the stations and stops along the Kissimmee Valley Extension. The railroad ceased operations of the KV Extension in 1947, leaving most of the little communities along its path to die off and become ghost towns. Another major milestone, not only for Okeechobee but the state as well, was the completion of Conners Highway. It was Independence Day 1924 in Okeechobee, Florida. An estimated 20,000 people filled the streets of a town that had just 1,500 residents. The Miami Herald described the celebration as a "sea of humanity" as people streamed into the frontier town around noon to kick off the dual celebration of July 4th and the grand opening of Conners Highway. Both sitting governor Cary A. Hardee and governor -elect John W. Martin were in attendance. The festivities included a concert from the local orchestra, a 20-float parade, 300 car motorcade, fireworks (delayed until the next day due to rain) and a bevy of distinguished speakers. During his address Governor Hardee extolled William J. Conners' marvelous road through the Everglades as an accomplishment on par with Henry Flagler's famed railroad spanning Florida's entire east coast or that of Henry Plant's on the west coast. Conners was able to accomplish the ambitious engineering feat, which many told him was impossible, out of pure will — and a lot of money. From start to finish the construction took just eight months to complete the 52-mile highway. The span connected Twenty Mile Bend (20 miles west of West Palm Beach) to Canal Point on the eastern shore of Lake Okeechobee and then hugged its eastern banks up to Okeechobee City. (From: Jason Byrne, Florida History, July 3, 2016.) Generally: The City of Okeechobee is located in the southern portion of Okeechobee County, approximately 1.5 miles north of Lake Okeechobee. It is the County's only incorporated City and serves as the shopping and employment center for the area. US 441, and SR 70 are the two major arteries serving the City. SR 70 links the City with Fort Pierce 30 miles to the east, and Arcadia and Sarasota/Bradenton further to the west. US 98 connects the City with Sebring, approximately 50 miles to the northwest. US 441 approaches the City from the Orlando area, joins with US 98 and continues south toward West Palm Beach. Although the City's population is currently less than 6,000, the City experiences a level of intensity in its urban activities that is normally associated with larger cities. This bustling atmosphere is in sharp contrast to the large expanses of rural cattle -grazing land just outside the City in unincorporated Okeechobee County. (Okeechobee EAR, 2010) The population of Okeechobee has seen a fluctuating population from year to year. The latest estimate from the US Census decreased from 5,621 in 2010 to 5,552 in 2016, a decrease of 69 persons. This decrease translates to a growth rate of about -1 percent over these six years. We are using the 2016 Census estimates for all our per capita calculations (official estimates are calculated by the Bureau of Economic and Business Research — BEBR, at the University of Florida). LaK-c 13 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY The median income for a household in the city was $41,264 according to the 2010 US Census, and the per capita income equaled $38,195. In comparison, the State of Florida's median household income in 2015 equaled $49,426, nearly 20% more than that of Okeechobee. About 28 percent of the population lived below the poverty line, which is much higher than the state average of 15 percent. The percent of the adult population (25+) with a high school degree or higher was 70 percent (of those 18 years old or older), and the percent with bachelor's degree or higher was 15 percent. L.IK- 14 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY As a population base grows within a certain region, government facilities, health care organizations, religious and educational institutions grow to serve the growing population. Most of these facilities choose to locate within the corporate limits of the city that already serves as the regional hub for other government, economic and social activity. As a result, these cities typically experience an expansion in tax exempt development. This generalization applies to the City of Okeechobee, since the community serves as the economic and social hub of the county as well as the location of local, county and state government facilities, churches, schools, and numerous religious institutions. These facilities serve the community and generally improve convenience and quality of life. As Okeechobee grows in population, the city also has the opportunity to strengthen their tax base through new or expanded retail sales and service businesses, industries, and financial institutions. These new residents help to build the city's tax base, providing city and county government with the funds to carry out basic municipal services, such as police and fire service, street maintenance, and other city functions. They also help to supplement the tax base generated by residential growth, which generates less tax revenue per acre than most commercial and industrial land. It is very important that as the population of a region grows, its core city continues to have the ability to expand its tax base to help offset the growth of many tax exempt uses that naturally occur. These tax-exempt uses are important to the quality of life in a community. In addition to those mentioned above, they may also include non-profit agency facilities and medical institutions, which may not initially be tax exempt, but sometimes become non-profit organizations, making them exempt from property taxes. If a city becomes landlocked, and limited in its ability to physically grow, it will severely limit its own ability to expand its tax base. As new growth areas become available outside city limits, residents will look to those areas for new housing opportunities. Businesses and industries will have no choice but to seek land outside the city for new development sites. While redevelopment of dilapidated and underutilized properties is a significant role for any city, and should be pursued in the interest of increasing the city's tax base, it should not be solely relied upon to offset a tax base that is declining due to aging development and growth of tax exempt uses. The business climate and financial health of the city and county are enhanced when cities ensure their ability to physically grow and accommodate businesses, housing, and institutional land uses, ensuring a diverse and robust tax base. This ultimately reduces the property tax burden of residents and businesses of the city, as the burden of tax exempt uses can be shared by a larger tax base. This serves the interests of all residents of the region, whether inside or outside city limits. It is important for city leaders to recognize that as the region grows in population their community will experience many impacts that will require investments in city infrastructure and facilities. For example, as the region's population grows, traffic volumes will increase within Okeechobee, which will remain the primary destination of the regional population for education, health care, jobs, shopping, governmental services, etc. This will result in the need for increased roadway maintenance, traffic control, and eventually, roadway reconstruction and additional roadway capacity (see FDOT/County project to extend SR 70). Thus, the direction to consider areas where residents of unincorporated Okeechobee County travel city roadways LaKu� 15 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY for daily business. The city will have some level of financial responsibility for these improvements, ranging from 100 percent to some smaller percentage (as low as 10 to 20 percent or less in some cases) on roads for which the county or state are fully or partially responsible. Maintaining a tax base that is proportionally comparable to the amount of financial responsibility the city will have in keeping up with the demands of the regional population and business growth is key to the city's future financial health. City water and sewer services allow for more efficient use of land. In the City of Okeechobee and the study areas, Okeechobee Utilities Authority provides water and sewer service to varying degrees. On -site septic systems and drain fields are not needed when sanitary sewer is available, resulting in the ability to construct more housing units and more square footage per acre. This reduces the footprint of non-agricultural land uses in the surrounding area. There will always be homeowners who choose to live in a rural subdivision and businesses that, for one reason or another, feel they are best situated in a non -urban area (this is particularly evident around Lake Okeechobee outside of municipal borders). However, creating an environment where most non-agricultural development activity has ample opportunities to occur inside city limits will help to create a more efficient land use pattern within the urbanized area and in the region. On -site septic systems require much larger lots per dwelling unit for residential development, while residential development served by city sewer services averages between four and five dwelling units per acre (typical for the targeted Urban Residential Mixed Use land use), with multiple family developments having a far higher density. Commercial developments using on -site septic systems also require more acreage to accommodate an on -site drain field for waste water. These businesses frequently experience failures of their drain field in a shorter period than dwelling units. This is because some businesses have little water use except employee and/or customer restrooms. In these cases, the bacteria load is greater than in a household, where waste water is generated by a variety of sources, such as showers, clothes washing, dishwashing, and other activities that dilute the bacteria load in the waste water. This results in the need for even more land for a replacement drain field. (for specific regulations see: State of Florida Department of Health Chapter 64E-6, Florida Administrative Code Standards for Onsite Sewage Treatment and Disposal Systems — Effective July 16, 2013) Water utilities are sized to provide the volume of water needed for firefighting with pumper trucks, which draw water from hydrants connected to the city's water pipes. This provides a reliable source of water for fire protection, and eliminates the need for tanker trucks. Development on the rural water system must rely on the use of tanker trucks, as the smaller size of rural water service pipes does not provide water volumes adequate for effective firefighting. If built to city standards, with adequate water reserves, areas on rural water service can be equipped with hydrants. L:§Kue. 16 ptanning OKEECHOBEE, FLORIDA ANNEXATION STUDY There are several common objections to annexation of land into a municipality. The following briefly summarizes these objections: Property Ownership — Some people have the impression that annexation of land changes the ownership of the property. Annexation is sometimes referred to as "taking" land. This is a misunderstanding. Land remains privately owned. Annexation simply involves moving the city boundary to include additional land; it does not change the ownership. Property Taxes and Other Costs — City mill levies are typically higher than County mill levies due to the level of services provided to property owners inside city limits combined with the fact that non -city dwellers depend upon a high level of city services for many aspects of their daily lives. Unlike most cities, Okeechobee's mill levy is slightly lower than that of the County (current FY 16-17 - City 0.0079932 vs. County 0.00813540). County and school district mill levies remain the same regardless of whether a property owner is inside or outside city limits. In Okeechobee, water service and garbage collection fees are also the same whether inside or outside the corporate limits. Utilities and Street Paving — A common objection to annexation is the belief that water and sanitary sewer service and street paving will automatically be installed after annexation, and that the costs will be a special assessment to property owners. In much of the area in this study, the Okeechobee Utilities Authority already provides service or has the ability to install lines. It is important that hydrants and water lines that meet fire flow standards are installed as soon as possible after annexation. If rural water service lines meet city standards for pipe sizes, and an adequate water supply is available to meet fire flow standards, the water volume requirements may be met and installation of a city water service line is not necessary. Homeowners insurance is typically less expensive when municipal fire service is available due to faster average response times, nearness of the fire hydrants, and the assurance of an adequate water supply for a sustained period of time. Installation of sanitary sewer service is not necessary until and unless drain fields and septic systems begin to fail and become a public health concern. At that time, it will be necessary for city officials to initiate the installation of sanitary sewer service before home owners are forced to invest in new systems. Depending on soil conditions and water use, drain fields can remain functional for many years. Since on -site wells and septic systems are regulated by the State Health Department, it is entirely possible that outdated systems may require updating, maintenance or replacement regardless of annexation. Street paving is generally completed upon receipt of a petition from adjacent property owners. If the owners of fifty percent or more of the linear front footage of adjacent property protest street paving, the project will not proceed unless it is funded without special assessments of benefitting properties. However, there may be a need for immediate repair and maintenance on some of the roadways within the study areas. Land Use Regulations — There is a tremendous conflict between the land use within the City adjacent to the study areas. The majority of land adjacent to the study areas, within the City, is designated Single -Family. The City has small pockets of Residential Mixed Use, primarily interior to the boundaries; whereas the County's primary land use in the study areas, and therefore adjacent to the City boundaries and its Single - Family designated land, is Urban Residential Mixed Use. LaIKUe 17 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Non -conforming land uses are "grandfathered in", meaning they are allowed to continue in their current condition until they cease to exist. See Tables 4 — 7 for land use comparisons. The conflicts can be overcome during the annexation process of establishing land use and zoning designations for these areas. This is discussed further on the following pages. LaRue 18 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Land use in the study areas fall into two main categories in Okeechobee County's Comprehensive Plan: Urban Residential Mixed Use (URMU) and Commercial Corridor Mixed Use (CCMU). The typical Density / Intensity provisions of URMU is shown in Table 3. The typical CCMU Density / Intensity provisions are shown in Table 4. Urban Residential Mixed Use "...is defined to encompass existing and future areas of urban development within unincorporated Okeechobee County. It includes existing residential concentrations and areas where public facilities to support urban development are available, or are projected to be available during the planning period, including areas that are in designated service provision areas. Also included within this designation are existing supporting commercial land uses, educational facilities and other public uses. The primary purpose of the Urban Residential Mixed Use category, as designated on the Future Land Use Map, is to provide for existing and future urban development, to accommodate a range of densities of residential development, and to maintain open space. The Urban Residential Mixed Use designation also provides development standards with regard to density and availability of public infrastructure and limited neighborhood commercial opportunities intended to support the daily needs of community in which it is located. Neighborhood commercial uses are intended to be compatible with adjacent properties and the character of the area, require access to arterial or collector roads, and are prohibited from being developed in strip or disorganized development patterns. Neighborhood commercial uses may be permitted within specific residential communities subject to certain conditions including a maximum size of two acres and must be "architecturally or otherwise compatible with the surrounding residential development." Commercial Corridor Mixed Use "...denotes an area of existing development in which commercial land uses predominate." The purpose of this designation is to promote an efficient use of land and public facilities and service through the development of compatible uses, redevelopment and aggregation of small parcels into large development sites. However, this designation is generally limited to extending 1,500 feet in either direction from the centerline of the arterial or collector road." Resort Corridor "A Resort Corridor denotes an area with unique characteristics conducive to the establishment of resort or resort ancillary uses that are compatible with and complement a resort atmosphere. A Resort Corridor should be compatible with and incorporate the attributes of its natural surroundings. Public supply water and sewer facilities may not be available, but shall be provided by a developer where the density or intensity of a proposed use would necessitate such facilities. Residential, recreational, service and other commercial development is permissible, subject to guidelines established for any designated Resort Corridor." Though not included in the conditions of the study, Resort Corridor areas were considered a part of the annexation study areas, because they run along SR 78. The following illustrations show the City's Future Land Use Map and the County's Future Land Use map (the portion pertinent to the study areas). LaK— 19 planni.ng OKEECHOBEE, FLORIDA Map 11. City of Okeechobee Future Land Use Map 1 � 111• :II N 1 u m 'IL 1 11111 111 �1 1111111 I� nn1 .■ II 111 11■11 ■Ir1111 ■11■1 � �1111111• � ■ • !1111111• nnn. ■ '.' —�.11■111 I nnnnrl 7 111111. .�.1111111 �111111/ 1� ' o nur ■ 'ilw .nnu a ul � uu al nnum utn mn u a � film In l■ n■ nul� li:. C.." 011IIIIt Haan tgnn■• ra \/ '.; �I ms!■a ■! ■ ii _ 0 1 s aw. tit i_ F' '_■ n.a/lw in11�1�_% ice■ •.q.Ilw 1 III■ �! �-'- _ __ 1, Imilltl� . -= .� 11111■ �• 11 1■ ■Il 11■ . 111 ■11 — ran i ^, ==B■ join I�wnl. 11 Cwau■I 11' I 1 t� .. ilia-■ :■13Em ■ ■Ir oil If-_ 11.01, IM ni IIlgG- 11■'fllll ill+ ■ '�. !. ■■.am— lilltl Ull i1I135419� •'• 1 ■ 1 nl Illtgl ' illlll lllll nCl $iti 1 �.' "' �i ■� on 11'1'■il: ��� .. Inn1 m'Meg �■ ■I ■' .. 11 not tr 11 wm 1. � � ! .ar- •1lIIi ■In■ �111� ■11 N.- I11111111 91-, •:— •/1 .- _ �_ doll■+:Ilwl ■0 .■: 1 .al _ 1!III ■■ Ii3 �. 'lllll� willI!III ■■ 1�=ri — — - 'orI111 0�11■ _ t..1+■ :. -no ■r ■ 11 Mil. "'PPP--_ 0�11 ■■ wr rr 1■■� loll■ �,.I�iF� . ■. nrtll nnnw, ■ 111 n. --� ■� 11111.-'= _ • � ■■ !N11 rll 1■ i11111 1111■'� _� ■■ ■� 11{,II.r Iii �� ■-•-- ■■It login: 3� ..... MI���I■n11i1 ■._I ....0 11111 .anti. . 1� 11111111!— .fie■-- � •.. n■gl - .._ �■ii ■ � _..1 t�.A■Il'-■■I � I ll u u _ -1! ... ■ 1� nrin I I .: as II■ •• 11111 ; — —11.. 1 A = - ' �•'�;^•• aim Elm `yl�� 111111. C is �U I■1 . _ End in IN Mill an on ii: _Ili � �� =� . �: •P,u'� ■�I �� Mill fail 'i w� _ • -. i■u_ a ■!}Ij „■!Illll�lt. ' � `�""•iuo ■ �:■; of■ iuTriJ Source: City of Okeechobee Comprehensive Plan, 2011 ANNEXATION STUDY LaK�- 20 ptanning OKEECHOBEE, FLORIDA ANNEXATION STUDY Map 12. Okeechobee County Future Land Use Map Legend Future Land Use classification mow... , .- . F ..,•r.. OK• "�i.t T.fa .:. ai`---.. +�-..uTw�.w h� •ae:w Y. \r.i •nr.n�- "'r•a Source: Okeechobee County Comprehensive Plan As noted earlier there is conflict between the land use within the City adjacent to the study areas (Single - Family) and the study areas' land use (Urban Residential Mixed Use). The City has small pockets of Residential Mixed Use, primarily interior to the boundaries; whereas the County's primary land use in the study areas, and therefore adjacent to the City boundaries and its Single -Family designated land, is Urban Residential Mixed Use. The Commercial Corridor land use (the red area along US 441 to the south of the City on the County's Land Use map) and the Commercial land use designated by the City along US 441 are very similar and can be considered compatible. However, there will still be conflicts on both sides of the corridor where the City's Single -Family and the County's Urban Residential Mixed Use coexist. These can be accommodated should the City consider a new land use category that maintains densities and intensities, while creating transitions between the mixed us areas and single-family areas. The resolution of these conflicts must consider the impact to existing densities and intensities of development currently enjoyed by the land owners in the County designated Urban Residential Mixed Use land use areas. Any "downzoning" (the act of rezoning a property to a lesser density or intensity) of the property could invite lawsuits over a "taking" (taking away a vested right for the use of the property). A suggestion that could reduce or eliminate the conflict would be the requirement that, in the areas currently designated Urban Residential Mixed Use, be developed as a Planned Unit Development (PUD). This LaIK— 21 ptanning OKEECHOBEE, FLORIDA ANNEXATION STUDY would allow the City to maintain densities and intensities of the original County designation, but provide more control over development. This is currently used in the City's Residential Mixed Use land use. As noted in the following Tables there are conflicts in all categories reviewed. Table 4. Land Use Limits: City and County for Two Land Uses Land Use Limits City: Single -Family County: Urban Residential Mixed Use 4 units/acre — single-family 12 units/acre Density / Intensity 5 units/acre—affordable housing 1.0 Floor Area Ratio 6 units/acre — mobile home Lot Coverage 55% 70% Mixed Uses (Yes / No) No Yes Source: City of Okeechobee, Land Development Regulations, Okeechobee County Land Development Regulations The more consistent land use designation for the City is Mixed Use Residential. This designation on land in the study areas would be more compatible and reduce the conflicts between adjacent Single -Family areas in the City and annexed land. Table 5. City Residential Mixed Use vs. County Urban Residential Mixed Use Land Use Limits City: Residential Mixed Use County: Urban Residential Mixed Use Minimum of 30 acres as PUD 12 units/acre Density / Intensity 7.5 dwelling units/acre 1.0 Floor Area Ratio 0.35 Floor Area ratio Lot Coverage 40% 70% 60% for all PUD Mixed Use Yes Yes Source: City of Okeechobee Land Use Regulations, Okeechobee County Land Use Regulations L:,K,,11 22 planning OKEECHOBEE, FLORIDA Table 6. Land Use Density / Intensity/Acreage for County Land Uses ANNEXATION STUDY Future Land Use Designation Density/ Intensity Acres Percent of Total Urban Residential Mixed Use 10-12 dwelling units/acre 1.0 FAR 70% Impervious Surface 17,900 3.6% Commercial Activity Center (T) 90% Impervious Surface 95 Less than 0.05% Commercial Corridor Mixed Use 1,970 0.4% 19,965 4.05% Source: Okeechobee County Comprehensive Plan Table 7. Land Use Maximum Density/Intensity/Percent of Total Land Uses — Okeechobee County Maximum Density/Intensity* Maximum Percent of Use Total Land Uses Residential 18 dwelling units/gross acre 30% Commercial/Professional 2.0 FAR Office 90% Impervious n/a 2.0 FAR Light Industrial 90% Impervious 10% Recreational Vehicle parks, 10 dwelling units/gross acre n/a subdivisions, or condominiums Permissible only where existing at the time of adoption of the Agricultural boundary or an amendment to the boundary of the CCMU *For the following portions of the CCMU, the maximum intensity is limited to 0.30FAR: along Highway 441 SE east of Nubbin Slough; along SR 70 East from the railroad tracks to NE 48th Avenue; along SR 710from the intersection of SR 70 East to Nubbin Slough; along US Highway 98 from NW 20th Trail to past NW 36th Street Source: Okeechobee County Comprehensive Plan LaKue 23 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Inside the City, the Fire Department provides services. However, the County provides EMS service to the City, and as such, properties within the City limits are assessed an Emergency Medical Services fee. The fee was established through several studies (amended over the years) the most recent of which was performed by Government Services Group. The update, in FY 2008 and 2009 established the current rates. The County is now undergoing another review of the rates. The current study is being performed by Stantec, Inc. The current rates for EMS are shown below: Table 8. EMS Rates 2017 Rate Class FY 2017 Rate Unit Residential $80.00 per Dwelling Unit Hotel/Motel/RV $2.17 per Room/Space Commercial/Institutional $0.06 per Square Foot Industrial/Warehouse $0.01 per Square Foot Source: FY 2018 Fire/Rescue & Emergency Medical Service Non -Ad Valorem Assessments Study The Okeechobee Utility Authority (OUA) is the entity responsible for providing water and sewer to the residents of the City of Okeechobee and the unincorporated areas of Okeechobee and Glades Counties. While the majority of the City is provided water and sewer services, there are still places both in the City and in the study areas where either water or wastewater are needed. These areas are not served because there are no lines connecting to these properties. OUA estimates that is provides potable water to only about 78% of the City's resident population. OUA provides water and sewer service to several areas within the study areas. Based on information provided: Table 9. Water and Sewer Service Coverage in Study Areas Census Tract Water Service (% covered) Sewer Service (% covered) 9106.01 75% 50% 9105 80% 80% Source: UUA, Urban Visions, Inc. 2017 These percentages are estimates for the developed land within ASA1 and ASA 2 and do not include the areas within census tracts that are undeveloped. It is understood that any development would pay for any installation or upgrade to water and wastewater service. The permitted capacity for the surface water treatment plant is 5.0 million gallons per day (mgd) with the groundwater treatment plant rated at 1.0 mgd for a total of 6.0 mgd. The wastewater treatment plant has a total capacity of 3.0 mgd. Table 6, shows an analysis of both plants at the time of the Evaluation and Appraisal Report (EAR). As stated earlier, there are some areas in the City of Okeechobee that are still being served by wells or septic tanks and several areas within the study areas, as well. L.IK— 24 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Table 10. Water and Wastewater Plant Capacity Water Wastewater Treatment Plant Treatment Plant 6.00 mgd 3.00 mgd 1.93 mgd 0.89 mgd 0.25 mgd 0.10 mgd 3.82 mdg 2.01 mgd OUA is currently meeting present and future water demands by utilizing both groundwater and surface water. The adopted LOS of service for water and sewer are 114 gallons per capita per day and 130 gallons per capita per day, respectively. The data in Table 10, should be considered as proof that capacity currently exists at both the WWTP and the WTP. It is estimated that the City of Okeechobee comprises approximately 32% of all users of water and sewer services. Below is a table which depicts that even when all residents of City are connected to OUA for water and sewer during the period of peak population, there is sufficient capacity to continue serving the City well into the long-range planning horizon. There would still be excess capacity should the City annex both ASA 1 and ASA 2, albeit, a much smaller excess capacity, particularly for the wastewater treatment plant. Table 11. Projected Water and Wastewater Demand Water generation rate Sewer generation rate Peak Year based on adopted based on adopted Population LOS LOS 2011 7,573 0.86 MGD 0.98 MGD 2016 7,686 0.88 MGD 1.00 MGD 2021 7,801 0.89 MGD 1.01 MGD ® 11,282 1.3 MGD 1.5 MGD LaKue 25 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Adequacy of Water Supply Based on the County's Water Supply Plan, one can expect total demand in the year 2020 to approximate 3.86 mgd. Okeechobee Utilities' current Consumptive Use Permit (CUP) is for 4.00 mgd. There is adequate supply of water to accommodate the increase in the CUP to 4.0 mgd and this supply is sufficient to serve the entire system until 2021 (the CUP expires in 2032). The United States Department of Agriculture has offered loan programs to the utility to expand the sewer system. Solid waste collection and disposal is provided by Waste Management, Inc. The adopted LOS for the City of Okeechobee is 13 Ibs/capita/day. The City of Okeechobee generates approximately 45% of the County's solid waste stream, while the City only has 15% of the population. Such a discrepancy can only be explained by the presence of businesses or industries in the City, as well as significant numbers of people living in urban or suburban lifestyle, as contrasted with the rural/agricultural nature of outlying areas. It is also reasonable to assume that some solid waste in unincorporated areas may have been disposed of outside of the County's organized collection system through burning, burial, or even improper dumping. The City of Okeechobee continues to be a small urban area. Most of the traffic issues relate to state and federal roads bisecting the City. The roadway functional classification is discussed below: • US 441 is a 4-lane arterial road entering Okeechobee County from the north. In the southern part of the County, it is a main route for carrying traffic to western Palm Beach County. • US 98 is a 4-lane arterial road which enters Okeechobee County from the west across the Kissimmee River and proceeds toward West Palm Beach. The southern portion of US 98 combined with US 441 provides a connecting link between the City and western Palm Beach County. • SR 710, just outside the City to the east, is a 4-lane arterial road which connects the City with Indiantown and West Palm Beach. • SR 78 is a 2-lane arterial road which provides a connecting link with US 27 in Glades County. It is an east -west arterial located a short distance south of the City and extends southwesterly around the west side of Lake Okeechobee. • SR 70 is a 4-lane arterial highway extending from Bradenton through Okeechobee to Fort Pierce. It intersects with US 98 in the center of the City and provides a connecting link with Sebring to the north. The functional classification for roadways within the City has remained the same for the past 20+ years. The City does not take traffic counts on any roads within its boundaries. Instead, counts are taken by FDOT and conveyed to the County. The City's Concurrency Management System (CMS) identifies any LOS problems and corresponding needs for capital investment in road improvements. Improvements are made every year on City's roadway system to keep them safe and in good working order. These improvements are shown on the City's Five Year Schedule of Capital Improvements (by reference). LilKul 26 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY The impacts on the roadway system of the City, by annexation of either ASA 1 or ASA 2 would not change, since the residents and businesses already use these roadways. However, the potential impact, should the large vacant areas in the study areas be developed, the impact could be significant. The County has been working with the Florida Department of Transportation on several projects affecting the City and annexation study areas. They are listed below: 1. FDOT Year 2, July 2017 a. Sidewalk b. US 441 at SR 78 to Lock 7 Recreation Area c. $317,563 2. FDOT Year 3, July 2018 a. New road b. SR 710: US 441 to L-63 canal c. R-O-W acquisition $1.802 million 3. FDOT Year 4, July 2019 a. New road b. SR 710: US 441 to L-63 canal c. R-O-W acquisition $4.644 million 4. FDOT Year 5, July 2020 a. Sidewalk b. SE 281h Street: US 441 to SE 18th Terrace c. Engineering $145,000 L.,Kuc 27 ptanning OKEECHOBEE, FLORIDA ANNEXATION STUDY To estimate revenues that would have been generated from the study areas, we reported actual numbers for revenue categories where data was available, and estimated other revenues using information on the study area's population, number of households, number of businesses, and property tax information. We estimated that if both ASA i and ASA 2 had been part of the City of Okeechobee in FY 2017, their taxable value would have been $181,927,644 and ad valorem revenue of $1,454,184. This equates to $182 per capita (of ASA 1 and ASA 2). We assumed that the residents and businesses of the annexed areas would have been charged the same tax rates, fees, and service charges that were in effect for city residents during FY 2017. Source: Urban Visions, 2017 t_:1K- 28 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Source: Urban Visions, 2017 In calculating general fund expenditures, we used a general department specific review of current operations that created an estimate of costs. We estimated costs for a reality that did not exist (i.e., that the study areas were a part of the City of Okeechobee in 2016/2017). The actual future costs to provide services in the annexation areas will depend upon the policy and implementation decisions of Okeechobee's elected officials, governmental employees, citizens and developers. This method is based on the underlying assumption that citizens and businesses in the study areas are like those in the City (and indeed there is some overlap in the census areas and City boundary). However, we used unit measures that were tailored to the individual services. In other words, we used measures that attempted to capture service demands. For police, per capita costs were the unit of measurement which best reflected the demand for services while for others, like public works, we chose miles of road as a better reflection of service demands. In the case of Public Works, which provides various kinds of services, a single basis of measurement may not be particularly accurate, necessitating a more detailed analysis. The Police Department and OUA were asked to consider their individual departmental budgets as if the annexation areas were included in the budget, for instance, in the case of utilities, what was the cost for new water and wastewater service for those areas in the study areas that did not have service. Specifically, the Police Department would need one (1) officer per shift to accommodate coverage of the study areas. This increase of four (4) officers would increase the Police budget by $260,000 or 12%. The Utilities Authority made very conservative estimates for the cost of installing water and waste water to the study areas, where none exist now. They estimate the cost to install water to the study areas to be $29 million. To add waste water to the same areas would cost approximately $67 million. L aKue 29 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY According to what we learned from these interviews, there is very limited need for personnel and equipment increases on the part of the Police. The largest expenditures are in the form of water and wastewater. However, as large as they appear, the estimates for utilities do not account for any transmission or treatment plant upgrades. They also cannot account for any uncertain future development with unknown density and intensity of the development. It was also determined that using the City Fire Department to provide services in these areas would perhaps be done more appropriately with an interlocal agreement with the County, considering their fire station locations and current service areas. The reader of this report should understand that the methodologies can only estimate the amount that would actually be needed to pay for services in the study areas. Until the annexation is implemented and the city experiences demands for additional services, it is impossible to know if our assumptions are correct. Our expenditures are based on a more than two -fold increase of the population, but one that uses limited City services based on the demographic information collected (age of household members). Therefore, an expected increase of 12% to most of the General Fund departments was calculated and excludes capital improvement projects. The exception to this is for Public Works, which will see its responsibility nearly double for roadway miles, drainage and culverts. Therefore, it is unreasonable to expect nothing less than a 25% increase to the Public Works budget. This expected increase of 12% for all others (except Fire) is consistent with the anticipated cost for additional Police to cover the larger area. It is also calculated using the proposed FY16/FY17 budget. L,,K-e. 30 planning OKEECHOBEE, FLORIDA Table 12. General Fund Revenues and Expenditures With and Without Annexation ANNEXATION STUDY Without Annexation With Annexation GENERAL FUND REVENUES $6,266,868 $7,721,052 EXPENDITURES — GENERAL FUND Legislative $182,699 $204,623 Executive $191,673 $214,674 City Clerk $207,170 $232,030 Financial Services $276,416 $309,586 Legal Council $75,710 $84,795 General Services $292,942 $328,094 Law Enforcement $2,242,018 $2,511,060 Fire Protection $1,572,269 $1,572,269* Public Works $1,225,971 $1,838,957 total $6, 266, 868 $7,296,088 * Source: City of Okeechobee Budget FY16-17, Urban Visions, Inc. 2017 * Cost for interlocal County Fire Service is not included in the total expenditures. Another way to look at expenditures is on a per capita basis. Although crude, it does give you a sense of the cost for services if the additional annexation areas are included. Table 13. Per Capita Cost for Services Per Capita Without Annexation (dollars) Per Capita With Annexation (dollars) Legislative 33 15 Executive 35 16 City Clerk 37 17 Finance SO 23 Legal 14 6 General Services 53 24 Law Enforcement 404 185 Fire 283 283 Public Works 221 136 Source: Urban Visions, Inc., 2017 Because of the uncertainty of Okeechobee County continuing to provide Fire Service to the annexed areas, the actual budget figure of revenue minus expenses should be considered with caution. Although there is a $424,964 net gain, this may be expended on continuing with County Fire services making the annexation revenue neutral. Further coordination with the County, on this issue, should be done prior to a decision to annex. L;�K— 31 pl-anni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY In this scenario, only a portion of the study areas are annexed into the City. The areas within ASA 1 and ASA 2 with the most efficient use of land and the highest taxable values are shown below. Map 13. Alternative Annexation Areas Source: Urban Visions, Inc., 2017 These areas meet the conditions of annexation more closely than the areas of ASA 1 and ASA 2 that were eliminated from consideration in this scenario. The biggest difference is that these areas have less agricultural land, which has very low taxable value. LaKu� 32 ptanni.ng OKEECHOBEE, FLORIDA The following tables and charts identify taxable values for the areas in this scenario. Source: U.S. Census, 2010, Urban Visions, Inc., 2017 Source: U.S. Census, 2010. Urban Visions, Inc., 2017 ANNEXATION STUDY L-1K-c 33 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY As in the initial scenario, our expenditures are based on an increase of the population, but one that uses limited City services based on the demographic information collected (age of household members). Therefore, an expected increase of five to 10 percent (5% - 10%) to most of the General Fund departments was calculated and excludes capital improvement projects. The exception to this is for Public Works, which will see its responsibility increase by nearly one third for roadway miles, drainage and culverts. Therefore, it is unreasonable to expect nothing less than a 15% increase to the Public Works budget. This expected increase for all others (except Fire) is consistent with the anticipated cost for additional Police to cover the larger area. It is also calculated using the proposed FY16/FY17 budget. Table 14. General Fund Revenues and Expenditures With and Without Alternate Annexation Without Annexation With Annexation GENERAL FUND REVENUES $6,266,868 $7,588,343 EXPENDITURES — GENERAL FUND Legislative $182,699 $200, 968 Executive $191,673 $219,840 City Clerk $207,170 $227,887 Financial Services $276,416 $304,057 Legal Council $75,710 $83,281 General Services $292,942 $322,236 Law Enforcement $2,242,018 $2,511,060* Fire Protection $1,572,269 $1,572,269** Public Works $1,225,971 $1,409,867*** Total $6,266,868 $7,261,332 Source: Okeechobee City Budget FY 2016/2017. Urban Visions, Inc, 2017 NOTES: * Police increase of 12% **Fire Department remains with County interlocal covering annexed areas *** Public Works increase of 15% The per capita costs are shown on the following page: L:1Kue. 34 ptanning OKEECHOBEE, FLORIDA Table 15. Per Capita Cost for Service Alternate Annexation Areas ANNEXATION STUDY Per Capita Without Annexation (dollars) Per Capita With Annexation (dollars) Legislative 33 19 Executive 35 21 City Clerk 37 22 Finance 50 29 Legal 14 8 General Services 53 31 Law Enforcement 404 243 Fire 283 283* Public Works 221 136 Source: Urban Visions, 2017 NOTE: * Fire expenses to not change with annexation if interlocal with County As in the initial scenario, the uncertainty of Okeechobee County continuing to provide Fire Service to the annexed areas, the actual budget figure of revenue minus expenses should be considered with caution. Although there is a $994, 464 net gain in this scenario, this may be expended on continuing with County Fire services making the annexation revenue neutral. Further coordination with the County, on this issue, should be done prior to a decision to annex. Several things make this scenario more amenable to annexation: • The areas contain the most valuable of properties in relation to ad valorem; • The areas contain areas with a higher probability of being developed in the future; • The areas still meet the conditions posed by the Council on use of City facilities; • The areas maintain contiguity with City Boundaries; and • The areas allow the City to extend its boundaries to Lake Okeechobee. Some factors to keep in mind in analyzing the estimated revenues and expenditures following annexation are as follows: Factors which would make expenditures higher than revenues: • If the study area has relatively less commercial property compared to Okeechobee on percentage of total assessed value basis, as is the case with ASA 1 and ASA2. If the city has little excess capacity in terms of personnel and equipment to accommodate any significant growth from annexation. On the other hand, some factors which favor a positive balance between revenues and expenditures are: • If the municipal services that Okeechobee provides do not require major investments in infrastructure in order to serve a larger area (i.e., they do not need to add buildings or extend sewer or water lines). If proportionally to residential properties and population, the study areas have a substantial number of commercial properties. LaKuc 35 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Finding #1: Over the initial planning horizon of five (5) years, annexation would be a fiscally neutral or small gain to the City; however, as development progressed in these areas, it would eventually become fiscally positive with larger gains, while being able to maintain essential services. From a long-term fiscal perspective, annexation would be a fiscally positive proposition to the current City. Evaluating the long-term impact of annexation poses a simple question: Does annexation make it more or less challenging for the City to balance its budget over time? Stated another way, the fiscal impact of annexing the area is defined by the degree that annexation introduces any new service cost or tax revenue challenges not already being addressed by the City. From this perspective, the annexation of the areas do not worsen, but may improve, the City's ability to balance its budget. The outstanding questions related to this, is 1) the cost to provide Fire Service to the annexed area; and 2) The conditions of roadways, swales, and culverts in the annexed area. These questions should be explored in greater detail prior to annexation. In a post annexation world, future City Councils may not have to make special choices between higher taxes and reduced levels of service to expressly accommodate the annexation areas. In other words, addressing the current City fiscal challenges, or knowing the costs of future services and capital improvements, also addresses the fiscal challenges of the annexation area in out years. Finding #2: Annexation will bring additional capital facility needs and future revenues. The following Table summarizes the results of Scenario 1 and Scenario 2 regarding Revenues and Expenses under each scenario: Table 16 . Summary of Revenues and Expenditures Scenario 1 vs. Scenario 2 Category Scenario 1: All of ASA 1 and ASA 2 Scenario 2: A portion of ASA 1 and ASA 2 Revenue $7,721,052 $7,588,343 Expenditures $7,296,088* $7,261,332* Surplus $424,964 $327,011 % Surplus 5.8% 4.5% Source: Urban Visions, 2017 NOTE: * Does not include Fire Service expansion or interlocal expenses. t .�K; 36 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY As noted earlier, the capital needs with cost impacts to the City from annexation will be in street, Swale, culvert, and stormwater facilities. Should development occur in these areas, water and waste water can be extended, the cost to be borne by the developer and others who may benefit. If the City chooses to annex, it would be advisable to conduct a full assessment of capital needs in the area(s) with an eye to the City's overall service goals. This would be a requirement of Florida Statutes. In the absence of a full capital assessment, available data on capital needs is limited to initial estimates of the preparer of the report. A finding that there are more needs for infrastructure than there will be capital resources coming from the contemplated annexation area would not be surprising. This situation is comparable to the existing City situation in that the needs of the annexation area will become part of the City's capital planning program where: 1) needs are identified, 2) projects are prioritized, and 3) funding is dedicated. Unless there are significant immediate capital infrastructure needs in the annexation area (and none have been identified to date except water and wastewater, albeit to be installed as development progresses or residents request), then the long-term capital funding situation is unlikely to be dramatically different than the status quo. With the incorporation of the study areas, we anticipate some fiscal impact on Okeechobee County. Due to our focus on the City of Okeechobee, we did not develop cost estimates on the impact the annexation may have on the Okeechobee County government. We can, however, mention several factors that influence whether the impact will be positive or negative. First, it is important to remember that countywide services and bond payments will not be affected by the annexation. As residents of the county, property owners in the annexation areas would continue to pay for countywide services regardless of whether they are within the City of Okeechobee. Secondly, Okeechobee County currently provides fire service in these areas. City residents and business owners currently served by the City's Fire Department would continue to be served by them and the annexed areas, as recommended earlier, would continue with an interlocal agreement with Okeechobee County to continue providing fire protection service to the annexed areas. The residents could continue paying for it through countywide property taxes or through the city property taxes, after the annexation. Finally, the County would incur revenue losses in insurance premiums, cable and other utility franchise fees, fines and forfeitures, occupational taxes, and minor revenues associated with regulatory fees, but these losses would be small in relation to the entire Okeechobee Countybudget. Finding #3: A more detailed capital improvements study should be completed prior to annexation. The capital costs associated with annexation of Scenario 1 (ASA 1 including Block Groups 1, 2, 3 and 5 of Census Tract 9106.01) and Scenario 2 (ASA 2 Block Groups 1 and 3) are limited specifically to water and wastewater facility needs. It would be advisable to conduct a full assessment of capital needs in the area with an eye to the City's overall service goals. This should include a study of infrastructure needs for these areas, in conjunction with Okeechobee County and Florida DOT. In the absence of a full capital assessment, available data on capital needs is limited to initial estimates by the City and County. LaKyc 37 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Although this planning -level analysis makes the simplifying assumptions of full staffing and full revenues received by the City on the first day of annexation, in reality there would be a transition period. The City should develop an annexation transition plan starting several months prior to and ending several years after annexation. The plan should outline the preferred hiring schedule and estimate cash flow requirements during the phasing -in of various revenue sources and building -up of City service capabilities and facilities. Transition Revenues. The timing of the effective date of annexation has a large effect on revenues in the first few years of annexation. Many of the revenue sources are not time sensitive and will begin immediately upon annexation. Other revenue sources such as sales taxes and state -shared revenues have certain lags associated with distribution. Transition Costs. The transition costs may be significant. These costs may have a material impact on the financial outcome of the first few years of annexation. The decision to pre -hire positions or to delay non- essential positions is also a major timing factor to consider. The City will likely ramp up its hiring more slowly over time for all departments and phase in many costs and services based on available revenues and the availability of qualified staff. LaKy� 38 ptannmg OKEECHOBEE, FLORIDA LaKyc ptanning ANNEXATION STUDY 39 OKEECHOBEE, FLORIDA ANNEXATION STUDY 171.0413 Annexation procedures. — Any municipality may annex contiguous, compact, unincorporated territory in the following manner: (1) An ordinance proposing to annex an area of contiguous, compact, unincorporated territory shall be adopted by the governing body of the annexing municipality pursuant to the procedure for the adoption of a nonemergency ordinance established by s. 166.041. Prior to the adoption of the ordinance of annexation, the local governing body shall hold at least two advertised public hearings. The first public hearing shall be on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held on a weekday at least 5 days after the day that the second advertisement is published. Each such ordinance shall propose only one reasonably compact area to be annexed. However, prior to the ordinance of annexation becoming effective, a referendum on annexation shall be held as set out below, and, if approved by the referendum, the ordinance shall become effective 10 days after the referendum or as otherwise provided in the ordinance, but not more than 1 year following the date of the referendum. (2) Following the final adoption of the ordinance of annexation by the governing body of the annexing municipality, the ordinance shall be submitted to a vote of the registered electors of the area proposed to be annexed. The governing body of the annexing municipality may also choose to submit the ordinance of annexation to a separate vote of the registered electors of the annexing municipality. The referendum on annexation shall be called and conducted and the expense thereof paid by the governing body of the annexing municipality. (a) The referendum on annexation shall be held at the next regularly scheduled election following the final adoption of the ordinance of annexation by the governing body of the annexing municipality or at a special election called for the purpose of holding the referendum. However, the referendum, whether held at a regularly scheduled election or at a special election, shall not be held sooner than 30 days following the final adoption of the ordinance by the governing body of the annexing municipality. (b) The governing body of the annexing municipality shall publish notice of the referendum on annexation at least once each week for 2 consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held. The notice shall give the ordinance number, the time and places for the referendum, and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (c) On the day of the referendum on annexation there shall be prominently displayed at each polling place a copy of the ordinance of annexation and a description of the property proposed to be annexed. The description shall be by metes and bounds and shall include a map clearly showing such area. (d) Ballots or mechanical voting devices used in the referendum on annexation shall offer the choice "For annexation of property described in ordinance number of the City of and "Against annexation of property described in ordinance number of the City of in that order. L.,K"c 40 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY (e) If the referendum is held only in the area proposed to be annexed and receives a majority vote, or if the ordinance is submitted to a separate vote of the registered electors of the annexing municipality and the area proposed to be annexed and there is a separate majority vote for annexation in the annexing municipality and in the area proposed to be annexed, the ordinance of annexation shall become effective on the effective date specified therein. If there is any majority vote against annexation, the ordinance shall not become effective, and the area proposed to be annexed shall not be the subject of an annexation ordinance by the annexing municipality for a period of 2 years from the date of the referendum on annexation. (3) Any parcel of land which is owned by one individual, corporation, or legal entity, or owned collectively by one or more individuals, corporations, or legal entities, proposed to be annexed under the provisions of this act shall not be severed, separated, divided, or partitioned by the provisions of said ordinance, but shall, if intended to be annexed, or if annexed, under the provisions of this act, be annexed in its entirety and as a whole. However, nothing herein contained shall be construed as affecting the validity or enforceability of any ordinance declaring an intention to annex land under the existing law that has been enacted by a municipality prior to July 1, 1975. The owner of such property may waive the requirements of this subsection if such owner does not desire all of the tract or parcel included in said annexation. (4) Except as otherwise provided in this law, the annexation procedure as set forth in this section shall constitute a uniform method for the adoption of an ordinance of annexation by the governing body of any municipality in this state, and all existing provisions of special laws which establish municipal annexation procedures are repealed hereby; except that any provision or provisions of special law or laws which prohibit annexation of territory that is separated from the annexing municipality by a body of water or watercourse shall not be repealed. (5) If more than 70 percent of the land in an area proposed to be annexed is owned by individuals, corporations, or legal entities which are not registered electors of such area, such area shall not be annexed unless the owners of more than 50 percent of the land in such area consent to such annexation. Such consent shall be obtained by the parties proposing the annexation prior to the referendum to be held on the annexation. (6) Notwithstanding subsections (1) and (2), if the area proposed to be annexed does not have any registered electors on the date the ordinance is finally adopted, a vote of electors of the area proposed to be annexed is not required. In addition to the requirements of subsection (5), the area may not be annexed unless the owners of more than 50 percent of the parcels of land in the area proposed to be annexed consent to the annexation. If the governing body does not choose to hold a referendum of the annexing municipality pursuant to subsection (2), then the property owner consents required pursuant to subsection (5) shall be obtained by the parties proposing the annexation prior to the final adoption of the ordinance, and the annexation ordinance shall be effective upon becoming a law or as otherwise provided in the ordinance. History.—s. 2, ch. 75-297; s. 1, ch. 76-176; s. 44, ch. 77-104; s. 1, ch. 80-350; s. 76, ch. 81-259; s. 1, ch. 86-113; s. 15, ch. 90-279; s. 16, ch. 93-206; s. 1, ch. 93-243; s. 1, ch. 94-196; s. 1448, ch. 95-147; s. 12, ch. 99-378. L-Kuc 41 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY 171.042 Prerequisites to annexation. — (1) Prior to commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed, and the report shall include the following: (a) A map or maps of the municipality and adjacent territory showing the present and proposed municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. (b) A statement certifying that the area to be annexed meets the criteria in s. 171.043. (c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. Specifically, such plans shall: 1. Provide for extending urban services except as otherwise provided herein to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. 2. Provide for the extension of existing municipal water and sewer services into the area to be annexed so that, when such services are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. 3. If extension of major trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains as soon as possible following the effective date of annexation. 4. Set forth the method under which the municipality plans to finance extension of services into the area to be annexed. (2) Not fewer than 15 days prior to commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall file a copy of the report required by this section with the board of county commissioners of the county wherein the municipality is located. Failure to timely file the report as required in this subsection may be the basis for a cause of action invalidating the annexation. (3) The governing body of the municipality shall, not less than 10 days prior to the date set for the first public hearing required by s. 171.0413(1), mail a written notice to each person who resides or owns property within the area proposed to be annexed. The notice must describe the annexation proposal, the time and place for each public hearing to be held regarding the annexation, and the place or places within the municipality where the proposed ordinance may be inspected by the public. A copy of the notice must be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. History.—s. 1, ch. 74-190; s. 3, ch. 75-297; s. 1, ch. 78-19; s. 13, ch. 81-167; s. 13, ch. 83-55; s. 5, ch. 84-241; s. 2, ch. 2006-218. L.'Kul. 42 ptanning OKEECHOBEE, FLORIDA ANNEXATION STUDY 171.043 Character of the area to be annexed. — A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection (2) or subsection (3). (1) The total area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality. (2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards: (a) It has a total resident population equal to at least two persons for each acre of land included within its boundaries; (b) It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are 1 acre or less in size; or (c) It is so developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts 5 acres or less in size. (3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection (2) if such area either: (a) Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or (b) Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (2). The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes and, where necessary, to include areas which at the time of annexation are not yet developed for urban purposes whose future probable use is urban and which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes. History.—s. 1, ch. 74-190; s. 2, ch. 76-176. LitK— 43 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Involuntary (Municipality Proposed) vs. Voluntary Annexation MUNICIPALITY PROPOSED COMMENTARY VOLUNTARY 1. Area must meet "Urban Purposes" 1. Owners of contiguous, F.S.171.043 urban property compactro P Y Petition purposes requirements. requirement in F.S. City.P 171.043 not required in 2. City prepares annexation voluntary annexations. 2. City notifies report; files report with Board of County county. Referendum not re- Commissioners before quired in voluntary ordinance adopted. 3. City adopts annexation annexations. ordinance. Challenges 3. City may adopt must be filed within 30 Enclaves prohibited in annexation ordinance days. voluntary annexations, based on petition. Challenges must be filed 4. City submits ordinance to but F.S. 171.046 liberal- within 30 days. voters in annexation area; izes this limitation. may also submit to voters 4. Within 7 days, in the City. Source: 2000 Florida ordinance must be filed Statutes, Chapter 171. with clerk of circuit court, 5. City files successful CAO of county, and annexations with Department of State. Department of State within 30 days. 5. No voluntary annexation if annexation creates enclaves. Source: Northeast Florida Regional Planning Council, 2001 L_.K1,1 44 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Stetson Law Review, 25 Stetson L. Rev. 699 Alison Yurko* Annexation, in its simplest terms, is the addition of territory to municipalities. Traditionally, cities, counties, and rural property owners used annexation to provide urban services to rural areas. In the past, cities were the main source for essential services, such as police, fire, water and sewer. However, with the onset of counties providing services, the traditional reason to annex has diminished. Today, annexation is still a tool for property owners to obtain services in rural counties, but it is also a mechanism for cities to increase their customer base for the provision of services, a source for municipal economic development, a device for landowners to shop for the laws and regulations that best suit their needs, and a way for homeowners to bring government closer to home. Annexation in Florida was traditionally employed to enable rural property to receive urban services. The premise was that only the cities could deliver essential services such as police, fire, water and sewer. However, with the onset of counties providing services, the traditional reason to annex has been diminished greatly. Rather than annexation being a logical prerequisite to the development of property, it has become, at least in urban counties, a kind of bar- gaining chip for property owners to negotiate with local governments in order to find the best deal for development of their proper- ty. In the absence of a reserve area agreement or joint planning area agreement, annexation in Florida has also become an invitation to litigation between cities and urban counties. This Article will discuss the basics of voluntary annexation, involuntary annexation, annexation by special act, and annexation by charter under Florida law, with an emphasis on experience in Orange County, Florida. Annexation issues as seen from a county's perspective, a city's perspective, and a landowner's perspective will be discussed and analyzed. A short discussion of handling and avoiding annexation challenges will be done via a case study of two cases involving Orange County. Finally, a checklist for model joint planning area agreements, perhaps the best tool to avoid annexation litigation challenges, will be offered. STATUTORY FRAMEWORK OF ANNEXATION IN FLORIDA Annexation in Florida is governed primarily by chapter 171 of the Florida Statutes. This chapter sets out the basic criteria for voluntary annexation. Voluntary annexation is a statutory procedure whereby all of the property owners must consent in order for the city to annex the property. This chapter of the Florida Statutes also spells out the specifics of involuntary annexation, a procedure that requires a majority vote of the electors present in the area being annexed, and in some cases requires a referendum in the city doing the annexing. The statute also allows for special laws to supersede the general statutory procedure and sets forth the ability for a charter county to have a special voluntary annexation procedure which would preempt the general law. Voluntary Annexation. Section 171.044 of the Florida Statutes allows a city to annex property if unanimous consent of the owners of that property occurs. There are certain specific statutory notice and hearing requirements set forth in the statutory section. Other restrictions on this type of annexation will be mentioned in the next section dealing with involuntary annexation. L.K— 45 planning OKEECHOBEE, FLORIDA ANNEXATION STUDY Involuntary Annexation. The procedures for involuntary annexation are spelled out in section 171.0413 of the Florida Statutes. In particular, a governing body wishing to annex property may pass an ordinance to annex the property. However, this ordinance cannot become effective until such time as a majority of the electors in the area to be annexed vote for the annexation. This vote must occur in a referendum that must be held within thirty days following the approval date of the annexation ordinance. Prior to the 1993 legislation known as "ELMS III," there was a requirement of a "dual referendum." In other words, it was necessary that a majority vote of the electors in the municipality doing the annexing also approve the annexation. However, after ELMS III, this requirement only applied if the proposed ordinance would cause the total area annexed by a municipality during any one calendar year cumulatively to exceed more than five percent of the total land area of the municipality or cumulatively during one calendar year to exceed more than five percent of the municipal population. There are very specific notice and hearing requirements for the involuntary annexation along with the requirement that if more than seventy percent of the land in the area proposed to be annexed is owned by entities who are not registered electors, then the owners of more than fifty percent of the land to be annexed must consent. Annexation by Contract. Besides the types of annexation already mentioned, one should always keep in mind the possibility that a proposed annexation may meet the requirement to be annexed by interlocal agreement. In the wake of ELMS III, section 171.046 of the Florida Statutes was added. This statutory section allows enclaves to be annexed by interlocal agreement between cities and counties. The contract annexation is limited to enclaves of less than twenty- five registered voters. The enclave must be less than ten acres, cannot be developed or improved real property, and must meet the new definition of "enclave" that was added to the ELMS III legislation. This new definition, found in section 171.031(13) of the Florida Statutes, defines enclave as "unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality." The only exception is if the unincorporated area is nearly all enclosed by a single municipality with the remainder bounded by "a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality." Restrictions on Voluntary and Involuntary Annexation. The liberalized ability to annex enclaves was added to ELMS III in an apparent attempt to promote cleaner jurisdictional boundaries and hence a more efficient delivery of services. However, the revision to the definition of enclave may have, in fact, done just the opposite. While the newly defined "enclave" applies to the statutory section that creates the ability to annex by contract, it also has the effect of liberalizing one of the few restrictions on voluntary annexation, namely that voluntary annexation must be "compact." The net effect is a potential increase in annexation "by opportunity" which is often not consistent with ordered and logical growth. Compactness. In particular, subsection 171.031(12) of the Florida Statutes defines compactness to mean a "concentration of a piece of property in a single area and precludes" the creation of "enclaves, pockets or finger areas in serpentine patterns." Prior to this definition of enclave, it was not entirely clear whether an enclave had to be surrounded on all sides by the jurisdictional boundaries of another local government. Arguably, being completely surrounded was not required. Also, case law was very clear that an enclave could be either an incorporated or unincorporated area which was sur- rounded by another local government. Finally, there was never any common law restriction that would have precluded property that was undeveloped from meeting the common law definition of enclave. Hence, by revising this definition of enclave, the ability to voluntarily annex property has arguably been made easier because one of the strongest prohibitions has now been weakened. The converse of this argument, however, is that the statute requires that the annexed property must be compact, meaning that it cannot create "enclaves, pockets, or finger areas." If we now know that an enclave is surrounded on all sides by another local government, by implication, a pocket must be something surrounded on less than all four sides by another local government. It will be interesting to see how the courts interpret this new statutory language. L.1R"C 46 ptanni.ng OKEECHOBEE, FLORIDA ANNEXATION STUDY Contiguity. Another restriction to both voluntary and involuntary annexation is that it must be contiguous to the annexing municipality. Contiguous is defined in subsection 171.031(11) of the Florida Statutes to mean "that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality." There is clearly an element of subjectivity in determining whether property is in fact contiguous. In the case of City of Sanford v. Seminole County, the court focused on the use of the word "a" in finding that only one side of the configuration being annexed had to be substantially contiguous. The court did not feel that it was necessary to look at the total perimeter of the area being annexed since the statutory definition focused on the requirement that a substantial part of a single boundary of the annexed area be coterminous with the annexing municipality. While there is an element of subjectivity in determining whether property that has some connection to the annexing municipality is contiguous, it is logical to assume "corner -contiguity" (i.e. connection of the annexing municipality and annexed area by a single point) or a complete absence of contiguity would present a compelling case to invalidate an annexation. Other Restrictions. Another restriction that applies to both voluntary and involuntary annexation is that it must be limited to a single county. There is also a further limitation on involuntary annexation that requires that the property be used for "urban purposes." A fairly detailed formula is set forth in the statute to determine whether the property can be used for urban purposes. * Alison Yurko is a senior associate in the Orlando office of the law firm of Gray, Harris & Robinson, P.A. She practices in the areas of land use, environmental and public utilities law. Prior to joining Gray, Harris & Robinson, she practiced as an Assistant County Attorney in Orange County, Florida for six years. She graduated cum laude from Stetson University College of Law in 1988 where she was the Articles & Symposia Editor for the Stetson Law Review, and graduated in 1985 with a B.A. in Government from the University of Notre Dame. She has lectured extensively in the areas of annexation, quasi-judicial proceedings and property rights and has been an adjunct professor at the University of Central Florida. For the complete paper, see: http://www.stetson.edu/law/lawreview/media/a-practical-perspective-about-annexation-in-florida-251Lpp f L.IKUC 47 planning City of Okeechobee vZ•r - . - 7 } x U* j 46 Park'st 'R - 'V 4 , a _ _ SEt SVV-32'nd-St - f it Google Earth -.: W a � �� •4 M ',, -'-(Cypress Quarter ♦ -�OR d A _-M&Y =-1 , Exhtbil-#Io OeC. 2I/ 2oi� ® 19 X 0 .,1 41 % a 7:29 PM Marcos MDO 8638010177 12:54 PM �✓ Tuesday, December 19, 2017 Do you know last time we had an annexation before Walmart ? 7:17PM Various lots behind rodeo 7:18PM grounds 0 Nothing large though right Thank you. 718 PM, town center apts and the nursing home 1st one would have been 7:19 PM the largest O 7:24 PM 6) �nter message 9 2017/12/21 LXh/h/ f4L& 4ql &/ 7 2017/12/21 OKEECHOBEE ANNEXATION STUDY December 19, 2017 QUICK BACKGROUND ON COUNCIL DIRECTION FOR STUDY • Areas outside the City that are designated Urban Residential Mixed Use on the Okeechobee County Conceptual Future Land Use Map (see attached map). • Areas that can be serviced, at acceptable response times, by the City's Police, Fire and Emergency Medical equipment and personnel.Areas that receive water and sewer service from the Okeechobee Utility Authority. • Properties, the owners, residents, businesses and customers of which are likely to use City roads as the primary means of access. I. , I r j ,dr 9 ,�+�'� *4 w a --, OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 ONCE INITIAL PARAMETERS HAVE BEEN IDENTIFIED • Explanation of annexation process under Ch. 171 FS. • Ad -valorem real property impacts if annexation occurs. • Other general fund revenue impacts if annexation occurs. • Fiscal impacts upon Okeechobee if annexation occurs (will rely on City staff and Okeechobee Utility Authority input). • Possible strategies for the City of Okeechobee to pursue. A Ili ' w= F k 3 i s 2017/12/21 3 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 TARGETED STUDY AREAS The areas targeted for study are located to the west, south and southwest (ASA I) and east and southeast (ASA2) of the City. These areas were selected because of: • Their land use — URMU, CCMU and CAC; • Their proximity to services or potential services; and • Their use of city roadways in their daily travels. P a f \ r ✓.. 6 e ,,"'rrn w7 i i - *., *x y wr, 2017/12/21 S OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 STUDY AREAS IN RELATION TO CITY BOUNDARIES i Annexation Study Area -I---- --; B 2017/12/21 5 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 STUDY AREAS IN RELATION TO CITY BOUNDARIES 70 9103 x L; NE so 31 rT— C�k`ee`�]+ tfon Study Arta 2 -- Y NE 1stSt SE 80i St. sw eu et 9104.02 9106.01 SW 32uA St CD D til > 9 9104.03 441, (700) 2017/12/21 0 2017/12/21 OK,EECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 CENSUS TRACTS IN AND AROUND OKEECHOBEE OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 CENSUS TRACTS AND BLOCK GROUPS IN RELATION TO CITY BOUNDARIES 9105 BG 2017/12/21 n. OKEECHOBEE ANNEXATION STUDY DECEMBER 19,2017 CENSUS TRACTS AND BLOCK GROUPS MINUS CITY BOUNDARIES 2017/12/21 0 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 THE FOLLOWING TYPES OF DATA WERE COLLECTED: • Population • Households • Businesses • Land Use • Utilities 2017/12/21 10 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 CHARACTERISTICS OF THE CITY AND COUNTY 39,996 (2016 estimate 40,806) Median age is 39.9 70.3% are a high school graduate of higher There are 18,278 housing units Median household income of $35,405 27.7% live below the poverty level 64% are White 9% are African American 25% are Hispanic or Latino (of any race) I % are American Indian or Alaska Native 1 % are Asian 2017/12/21 11 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 DEMOGRAPHIC SNAPSHOTS CENSUS TRACT 9106.01 2017/12/21 12 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 DEMOGRAPHIC SNAPSHOTS CENSUS TRACT 9105 35 BG I BG 2 Population Per Capita Income Median Household Income Households Persons per Household Housing Units Percent Occupied Majority Housing Type Percent Owner Occupied Median Value of Owner Occupied $91,900 2017/12/21 13 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 IMPLICATIONS OF ANNEXING OR NOT ANNEXING • EFFICIENT USE OF LAND • FINANCIAL EQUITY IN THE REGION • TAX BASE 2017/12/21 14 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 FREQUENT OBJECTIONS TO ANNEXATION • Property Ownership • Property Taxes and Other Costs • Utilities and Street Paving • Land Use Regulations Wx 2017/12/21 15 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 INFRASTRUCTURE AND LAND USE • LAND USE IN THE STUDY AREAS COUNTY FUTURE LAND USE • Urban Residential Mixed Use • Commercial Corridor Mixed Use ,o.. 2017/12/21 Qel OKEECHOBEE ANNEXATION STUDY Legend Future Land Use Classification = CoWwRCIAL CORRIDOR MIXED USE ' = Cot" PCIAI ACTIMOTY CENTER ' - Rt tit Vt I CORRI(" LHrHAN RESIDENTIAL WXEV USE Q RLMAL ACTIVITY CENTER I 11 t RMAL ACTIVITY CENTER RURAL DENSITY IR) RURALACTMTY CENTER LOW DENSITY Ill n RESORT ACTIVITY CENTER RURAL ESTATE Mckwltw O INOUSIRIAL ' Q INC)USTRIAI CA&PLAY O INDUSTRIAl CW*LAY' - PUOI►. /SEMI PUBLIC FACIUTIES AGRICULTURE - COAK=RV/THIN • MAIQIt NQkDS OTHER ROADS -_•--• Sf.AE10ARC COAST UNE RR 70IO&OPRANOE c� ('...*.ftw r. qn polrl. ON ow"ft tlewletrrtwrl CMrrO nwetrtsl r.t..ws 1i1 �usnW WAr WIM""b"INS �, t • 1 N1rMt • t000.to atq •W c�tw. rr,-.rlea�r�wt .qr ..a cau.n r aw olittGlOtet ()rtit r+wt r t (/.t11 ome ors ,rnrwrw s.. .r.twr,.rcs r r.wup , o4rH ',r h rlo.t.c •w�,t• ce.n.l u.w+nr.a•o ,pr.� twr +c war. rl.rert, DECEMBER 19, 2017 (°( LAKE OKEECHOBEE \ f ♦A COUNTY FUTURE LAND USE 2017/12/21 17 OKEECHOBEE ANNEXATION STUDY Cltv of Okeechobee I uture Land l w + 1 .Tc ............ ..................... J .�#P✓M Giw isI tTe�i ;016 !�! aS■If■a�....��. ide._.a�aQ asp=..,0�■■a■■aa,.� aap5. fit■Riaa�i.�.,��� �►%r�� low on C............. - � DECEMBER 19, 2017 CITY FUTURE LAND USE MAP 2017/12/21 :a PaFkist F Okeee ob -„ .fir„ _. _ ��`i•• ' � owl AAW y ! s �E-32�1d� 'AREAS OF POTENTIAL i LAND USE CONFLICT Zi `L 2`347 Goo9(e Google E rW" v ,milk 2017/12/21 19 OKKECHOBEE ANNEXATION STUDY FIRE SERVICE AND EMS EMS Rates 2017 DECEMBER 19. 2017 $80.00 per Dwelling Unit $2.17 per Room/Space $0.06 per Square Foot per Square Foot 2017/12/21 20 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 SANITARY SEWER & POTABLE WATER Water and Sewer Service Coverage in Study Areas • i 75% 50% 80% 80% 2017/12/21 21 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 ROADWAY IMPROVEMENTS - FDOT WORK PLAN FDOTYEAR 2, JULY 2017 Sidewalk US 441 at SR 78 to Lock 7 Recreation Area $317,563 FDOTYEAR 3, JULY 2018 New road SR 710: US 441 to L-63 canal R-O-W acquisition $1.802 million FDOTYear 4, July 2019 New road SR 710: US 441 to L- 63 canal R-O-W acquisition $4.644 million FDOTYear 5, July 2020 Sidewalk SE 281" Street: US 441 to SE 181" Terrace Engineering $145,000 2017/12/21 22 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 ESTIMATED STUDY AREA REVENUES FOR FY 2017 We estimated that if both ASA I and ASA 2 had been part of the City of Okeechobee in FY 2017: taxable value would have been $ 18 1,927,644; ad valorem revenue of $1,454,184;and $182 per capita (of ASA I and ASA 2). Assuming residents and businesses of the annexed areas would have been charged the same tax rates, fees, and service charges that were in effect for city residents during FY 2017. V. ' 2017/12/21 23 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 ESTIMATED STUDY AREA REVENUES FOR FY 2017 Scenario 1: Study.Ar I d Stud r 2 Hexed CENSUS TRACT 9106.01 $14,854,182. Im BLOCK GROUP 1:w BLOCK GROUP 2 pw-, BLOCK GROUP 3 0 BLOCK GROUP 5 $20,016,278 $50,021,524 " �7,721,143 j t 2017/12/21 24 2017/12/21 25 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 GENERAL FUND REVENUES AND EXPENDITURES WITH AND WITHOUT ANNEXATION Without Annexation Annexation: Scenario 1 GENERAL FUND REVENUES $6,266,868 $7,721,052 EXPENDITURES — GENERAL FUND Legislative $182,699 $204,623 Executive $191,673 $214,674 City Clerk $207,170 $232,030 Financial Services $276,416 $309,586 Legal Council $75,710 $84,795 General Services $292,942 $328,094 Law Enforcement $2,2421018 $2,511,060 e,Er, P_Ublic-Works i $1;225,971 * $1,838,9'S� , :Total ' $6i,266,868 $7,29 ,,09,8 f.= 2017/12/21 OKEECHOBEE ANNEXATION STUDY ANNEXATION SCENARIO 2 Scenario 2: Portions of Study Area I and Study Area 2 Annexed �vI DECEMBER 19, 2017 2017/12/21 27 2017/12/21 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, ,2017 ANNEXATION SCENARIO 2 These areas meet the conditions of annexation more closely than the areas of ASA I and ASA 2 that were eliminated from consideration in this scenario. The biggest difference is that these areas have less agricultural land, which has very low taxable value. 2017/12/21 29 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 ANNEXATION SCENARIO 2 Scenario 2: Recommended Block GroUDS in Tract 9105 UT7 RACT`- 91 O S � R E C°OM BLOCK GROUPS $21,687,733 $58,74S,290 �--�- LOCK GROUP 1 BLOCK GROUP 3 2017/12/21 30 2017/12/21 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 SUMMARY OF REVENUES AND EXPENDITURES SCENARIO I VS. SCENARIO 2 Scenario 1: Scenario 2: A Category All of ASA 1 and portion of ASA 1 and ASA 2 ASA 2 Revenue $7,721,052 $7,588,343 Expenditures $7,296,088* $7,261,332* Surplus $424, 964 $ 327,011 Surplus 5.8% 4.5% �.x 2017/12/21 32 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 CONSIDERATIONS FOR SCENARIO 2 Several things make this scenario more amenable to annexation: The areas contain the most valuable of properties in relation to ad valorem; The area contains locations with a higher probability of being developed in the future; The areas still meet the conditions posed by the Council on use of City facilities; The areas maintain contiguity with City Boundaries; and The areas allow the City to extend its boundaries to Lake Okeechobee. 2017/12/21 33 OKEECHOBEE ANNEXATION STUDY September 16, 2010 FACTORS WHICH WOULD MAKE EXPENDITURES HIGHERTHAN REVENUES • If the study area has relatively less commercial property compared to Okeechobee on percentage of total assessed value basis, as is the case with ASA I and ASA2. • If the city has little excess capacity in terms of personnel and equipment to accommodate any significant growth from annexation. 2017/12/21 34 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, ,2017 FACTORS WHICH FAVOR A POSITIVE BALANCE BETWEEN REVENUES AND EXPENDITURES • If the municipal services that Okeechobee provides do not require major investments in infrastructure in order to serve a larger area (i.e., they do not need to add buildings or extend sewer or water lines). • If proportionally to residential properties and population, the study areas have a substantial number of commercial properties. - f ,F ! ,� o-, ✓ .4 ff jI 2017/12/21 35 2017/12/21 OKEECHOBEE ANNEXATION STUDY CONCLUSIONS DECEMBER 19. 2017 Finding # 1: Over the initial planning horizon of five (5) years, annexation would be a fiscally neutral or small gain to the City; however, as development progressed in these areas, it would eventually become fiscally positive with larger gains, while being able to maintain essential services. OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 CONCLUSIONS Finding #2: Annexation will bring additional capital facility needs and future revenues. The capital needs with cost impacts to the City from annexation will be most likely in street, swale, culvert, and stormwater facilities. k; 2017/12/21 37 2017/12/21 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 CONCLUSIONS Finding #3: A more detailed capital improvements study should be completed prior to annexation. It would be advisable to conduct a full assessment of capital needs in the area with an eye to the City's overall service goals. In the absence of a full capital assessment, available data on capital needs is limited to initial estimates by the City and County. OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 ADDITIONAL POLICY CONSIDERATIONS TRANSITION PERIOD The City should develop an annexation transition plan starting several months prior to and ending several years after annexation. Transition Revenues The timing of the effective date of annexation has a large effect on revenues in the first few years of annexation. Transition Costs The transition costs may be significant. These costs may have a material impact on the financial outcome of the first few years of annexation. • i 2017/12/21 39 OKEECHOBEE ANNEXATION STUDY DECEMBER 19.2017 INVOLUNTARY (MUNICIPALITY PROPOSED)VS. VOLUNTARY ANNEXATION MUNICIPALITY PROPOSED Area must meet F.S.171.043 urban purposes requirements. City prepares annexation report; files report with county. City adopts annexation ordinance. Challenges must be filed within 30 days. City submits ordinance to voters in annexation area; may also submit to voters in the City. City files successful annexations with Department of State within 30 days. 2017/12/21 BE OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 INVOLUNTARY (MUNICIPALITY PROPOSED) VS.VOLUNTARY ANNEXATION VOLUNTARY Owners of contiguous, compact property petition City. City notifies Board of County Commissioners before ordinance adopted. City may adopt annexation ordinance based on petition. Challenges must be filed within 30 days. Within 7 days, ordinance must be filed with clerk of circuit court, CAO of county, and Department of State. No voluntary annexation if annexation creates Oil p r 2017/12/21 41 OKEECHOBEE ANNEXATION STUDY DECEMBER 19, 2017 QUESTIONS .. � 1 '"� 'r � � � ° � ' $ •gym ;. y 2017/12/21 42 Exhibit 7 Dec 19, 2017 Robin Brock From: John Cook <jrcookl648@yahoo.com> Sent: Tuesday, November 28, 2017 10:43 AM To: Marcos Montes De Oca; Robin Brock; Dowling Watford Subject: Fw: FW: Global #1124 - LSSI Deliverable Review — Event 2 Response to Comments (R... Attachments: winmail.dat; image001 jpg As this item concerning the gas station on E. hwy 70 is coming up I am forwarding the email chain from the owner up to our last one on November 1 st; I will make contact with him prior to the December meeting. jcook ----- Forwarded Message ----- From: John Cook <johncook@cityofokeechobee.com> To: 'John Cook' <jrcook1648@yahoo.com> Sent: Monday, November 06, 2017 08:18:36 AM Subject: FW: Global #1124 - LSSI Deliverable Review — Event 2 Response to Comments (R... From: rabmass2@aol.com [mailto:rabmass2@aol.coml Sent: Wednesday, November 01, 2017 12:30 PM To: okeeman37@gmail.com; John Cook Subject: Fwd: Global #1124 - LSSI Deliverable Review — Event 2 Response to Comments (R... John, Trying to keep you updated and forwarding you the below email received from the consultant stating that the report was submitted to the state and hoping to get the approval or the comments in next couple of weeks. Let me know if you have any questions or need any clarification. Regards, Rab -----Original Message ----- From: thepearco <thepearco@aol.com<mailto:thepearco@aol.com>> To: rabmass2<rabm ass2 @ aol.com<mai Ito: rabmass2 @ aol.com>> Sent: Tue, Oct 24, 2017 3:04 pm Subject: Re: Re: Global #1124 - LSSI Deliverable Review — Event 2 Response to Comments (R... Hi Rab: The final report was submitted on the 10th. We're waiting on the State review now. I think we should get approval or any comments within 30 days (about 2 more weeks). You should also receive a copy at the same time. There have been instances where the owner has received a letter a few days before us. If you do receive their letter, and for whatever reason you haven't heard from me please contact me about it. I will let you know as soon as I receive anything. Thanks. Properties Environmental Assessment & Remediation, Inc. Rudi Thyn, Senior Environmental Scientist Project Manager P.O. Box 811674 Boca Raton, FL 33481-1674 Tel 786-229-2530 Fax 561-717-6915 In a message dated 10/24/2017 2:28:51 PM Eastern Standard Time, rabmass2@aol.com<maiIto: rabmass2@aol.com> writes: Rudi, Any update with submitting the Final Report ? Regards, Rab -----Original Message ----- From: ThePEARCO <ThePEAR CO@aol.com<mailto:ThePEARCO@aol.com>> To: rabmass2 <rabmass2@aol.com_<mailto:rabmass2@aol.com>> Sent: Wed, Sep 20, 2017 7:52 pm Subject: Fwd: Global #1124 - LSSI Deliverable Review — Event 2 Response to Comments (R... Hi Rab: Sorry for the delay, but we lost power in the office after the hurricane and are just catching up with everyone. I have forwarded you the State's approval of the field assessment work received last Friday morning. Notice that there is now the Final Report to be completed and submitted. It will take 2.5 weeks to complete the final report. The State guides this process from beginning to end. There is nothing we can do about it, except to do the work asap as we have done. The State will make their final decision on the USTs after they review the Final Report. You can forward this information to the City so they can see that you are being compliant. I will copy you with the Final Report when submitted to the State. Let me know if you need any additional information. Thanks. Properties Environmental Assessment & Remediation, Inc. Rudi Thyn, Senior Environmental Scientist Project Manager P.O. Box 811674 Boca Raton, FL 33481-1674 Tel 786-229-2530 Fax 561-717-6915 From: EPerison@ene.com<mailto:EPerison@ene.com> To: The PEARCO@aol.com<mailto:ThePEARCO@aol.com> CC: PGruzlovic@ene.com<mailto:PGruzlovic@ene.com>, Team6@ene.com<mailto:Team6@ene.com>, Felicia. Mizener@ dep.state.f1.us<mailto:Felicia. Mizener@ dep.state.f1.us>, Lance. G.Jones@ dep. state. fl.us<maiIto: Lance. G.Jones@dep.state.fl us> Sent: 9/14/2017 4:43:16 P.M. Eastern Daylight Time Subj: Global #1124 - LSSI Deliverable Review — Event 2 Response to Comments (RTC) Mr. Rudi Thyn Properties Environmental Assessment & Remediation, Inc. PO Box 811671 r' Boca Raton, FL, 33481-1674 Subject: LSSI Deliverable Review — Event 2 Response to Comments (RTC) Facility: Global #1124 FAC ID: 47 / 8841570 Discharge Date: 6/24/1988 Program: EDI Score: 11 Address: 510 NE Park Ave., Okeechobee, FL Dear Mr. Thyn, The Petroleum Restoration Program (PRP) has reviewed the Event 2 Response to Comments dated September 11, 2017 (received September 13, 2017) submitted for this Facility. The Event 2 Deliverable now demonstrates that the work outlined in LSSI Work Order # 2017 — 96 — W0065B has been satisfactorily performed. Please continue implementation of the Work Order and submit the (Final) LSSI Site Assessment Report, due no later than October 10, 2017. In your submission of the (Final) LSSI Site Assessment Report, please provide an explanation regarding why filtered readings were not collected with the OVA-FID for soils with OVA readings in excess of 1,000 ppm. If you have any questions regarding this Review, please contact me at 850-877-1133 ext. 3721, or by email at er)erison @ ene.com<mailto:eperison @ ene.com>. Sincerely, [http://www.ene.com<http://www.ene.com/> Beth Perison, Environmental Specialist FDEP Petroleum Restoration Program Team 6 2002 Old Saint Augustine Road Tallahassee, FL, 32301 850-877-1133 ext. 3721 EPerison@ene.com<maiIto: EPerison@ene.com> • www.ene.com<http://www.ene.com> MapPrint_Okeechobee-Coup' "roperty-Appraiser_12-14-2017 Page 1 of 2 0 0. n....6.'1 01 02 0.03 �� `�`0.04 0.©� ` � �'o.0e o 07 o.0a o.09 " - r,.t mi Okeechobee County Property Appraiser Mickey L. Bandi, Appraiser I Okeechobee, Florida 1 863-763-4422 �q PARCEL: 3-15-37-35-0010-01710-0120 1 CONV STORE (001126)1 1.105 AC NOTES: w-� -a CITY OF OKEECHOBEE BEGIN AT THE SOUTHEAST CORNER OF BLOCK "K", CITY OF OKEECHOBEE, ACCORDING TO THE x PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OFT -� FORTEX HOLDINGS LLC 2017 Certified Values Owner: 12212 WILD IRIS WAY #111 Mkt Lnd $270,440 Appraised $369,183 +* ORLANDO, FL 328377628 510 NE PARK ST, Ag Lnd $0 Exempt $0 =; [ Site: OKEECHOBEE Bldg $59,256 Assessed $369.183 6/18/2015 $80,000 1(Q) XFOB $39,487 county:$369,183 Sales 9/30n002 $o 1(U) Total ci :$369,183 Just $369,183 " Info 3nn000 $too 1(U) Taxable other:$369,183 4/1/1995 Class $0 so I(U) school:$369,183 rhis information, updated. 12612017, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose b )f property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or GrizzlyLogic.coi http://ap2.okeechobeepa.com/gis/gisPrint/ 12/14/2017 MapPrint_Okeechobee-Coun'—roperty-Appraiser_12-14-2017 Page 2 of 2 implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. I http://ap2.okeechobeepa.com/gis/gisPrint/ 12/14/2017 Last year the state legislature tried to take away your local government's ability to regulate businesses, set their own budgets, redevelop aging neighborhoods, maintain responsible reserves, regulate vacation rentals, properly site communications towers and much more. As the legislature gears up for 2018, the attempted power grab has already begun. Recently filed legislation would even take away regulations protecting trees from being clear-cut! State legislators keep voting themselves more and more power over your life, making rules designed for Miami apply to our cities, towns and villages. Taking decision -making out of the hands of the people you elected to run your counties, cities and towns. Taking away Home Rule. Without the tools provided by Community Redevelopment Agencies (CRAB), the renaissance in downtown Fort Pierce would have never happened. The improvements CRAB throughout our region created have been repaid many times over. Yet last year the legislature was only a few votes short of crippling existing CRAs and banning new ones. Don't let the legislature destroy this important community improvement catalyst. Fort Pierce's Sunrise Theatre is just one example of the effectiveness of CRA investment. The state legislature tried to take away local government's ability to keep x-rated bars and shops out of our residential neighborhoods, to prevent 5G communications antennas from hanging off our local lampposts, and to control business signage to fit within the character of our communities. Counties, cities and towns along the Treasure Coast had what amounted to two years' worth of debris to remove after Hurricane Irma. Thattakes time and money. Without the abilityto set aside emergency reserves, your local county, city, town or village wouldn't be able to do it at all. The state legislature tried to take away local government's ability to pay for unforeseen expenses like disaster recovery. Okeechobee County doesn't have much in common with Miami or Orlando. The pace of life is different, local needs and challenges are different. Who do you think can make better decisions for the people who live in Okeechobee? 160 people in Tallahassee or 5 council members and 5 county commissioners who live, work and raise their families right next door? Last year, the state took away local government's ability to regulate vacation rentals. So, if your neighbor has turned their home into a 24-hour rental party house, your city, town or county can't do anything about it. And, the 160 legislators who did that don't have to run into you at the grocery store or neighborhood restaurant to defend their decisions. 5+n rmoma~�V "Government is best which is closest to the people." - President Lyndon Johnson HELP take back Home Rule, local control and local accountability. Visit www.tcric.com to learn more and for tools to help make your voice heard!