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2005-09-20 Regular & Budget Final PH1 CITY OF OKEECHOBEE SEPTEMBER 20, 2005 FINAL BUDGET HEARING AND REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: September 20, 2005 Regular City Council Meeting, 5:01 p.m. II. OPENING CEREMONIES: Invocation by Pastor Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present Victoria Williams with a Five -Year Service Award 369 PAGE 1 OF 14 Council Member Watford, acting as Mayor Pro-Tempore in the absence of Mayor Kirk, called the September 20, 2005, Regular City Council Meeting to order at 5:03 p.m. The Invocation was offered by Pastor Simpson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Pro -Tern Watford. City Clerk Gamiotea called the roll: Absent Present (entered chambers at 5:12 p.m.) Present Present (Acting as Mayor Pro-Tempore) Present Present Present (entered chambers at 5:43 p.m.) Present Present Present Absent (Battalion Chief Douglas attended on Chief Smith's behalf) Present Mayor Pro -Tern Watford presented Mrs. Victoria Williams with a Certificate of Longevity and a Cross Pen engraved with her name. Mrs. Williams began her career with the City on September 22, 2000, as a Police Officer. This longevity service award is being presented to recognize her dedication to the City for five years of service. Mrs. Williams thanked the Council and stated she enjoyed working for the City and looked forward to another five years. 370 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 2 OF 14 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 7, 2005 First Budget Hearing and the Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2005 Warrant Register: General Fund................................$322,450.85 Public Facility Improvement Fund .................. $25,059.92 Capital Improvement Projects -Vehicles ............. $18,000.00 CDBG Grant Fund .............................. $1,612.00 VII. AGENDA - Mayor. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the September 7, 2005 First Budget Hearing and the Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. Council Member Markham moved to approve the August 2005 Warrant Register in the amounts: General Fund, three hundred twenty-two thousand, four hundred fifty dollars and eighty-five cents ($322,450.85); Public Facility Improvement Fund, twenty-five thousand, fifty-nine dollars and ninety-two cents ($25,059.92); Capital Improvement Projects -Vehicles, eighteen thousand dollars ($18,000.00); CDBG Grant Fund, one thousand, six hundred twelve dollars ($1,612.00); seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for addition, deferral or withdrawal of items on today's agenda. 11 agenda? New Business Item J was added to discuss the Brantley Case. VII. OPEN THE FINAL BUDGET PUBLIC HEARING FOR ADOPTION OF BUDGET III MAYOR PRO-TEM WATFORD OPENED THE FINAL BUDGET PUBLIC HEARING FOR ADOPTION OF BUDGET ORDINANCES - Mayor. ORDINANCES AT 5:10 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 913, adopting a The purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and millage rate of 7.1899 for the 2005/2006 Fiscal Year - City Attorney proposed budget for Fiscal Year 2005-2006. The proposed millage rate levy represents 13.11 percent more than the (Exhibit 1). roll back rate computed pursuant to Florida Statute Section 200.065(1). Council Member Williams moved to read by title only, proposed Ordinance No. 913, adopting a millage rate of 7.1899 for the 2005/2006 Fiscal Year; seconded by Council Member Markham. 1 1 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 3 OF 14 371 1 VII. FINAL BUDGET PUBLIC HEARING CONTINUED. A.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 913 by title only. 2. a) Motion to adopt proposed Ordinance No. 913. b) Public comments and discussion. c) Re -computation of millage (if required). d) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 914 establishing revenues and expenditures of all City funds (budget) for Fiscal Year 2005/2006 - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - ABSENT WATFORD - YEA MOTION CARRIED. Mayor Pro-Tem Watford read proposed Ordinance No. 913 by title only, as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 7.1899 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.1899 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 13.11 PERCENT MORE THAN THE ROLL -BACK RATE COMPUTED INACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 913; seconded by Council Member Williams. Mayor Pro-Tem Watford asked whether there were any questions or comments from the public regarding the millage rate. There were none. The Council briefly discussed that at least two members had proposed to lower the millage rate. However, the majority of the Council proposed to leave it the same in order to proceed with the capital improvement projects and a 6 percent across the board salary increase for the employees. It was noted that the Council would like to look at the millage rate closer next budget year. Tax revenues are predicted to remain the same. Therefore, reduction in the millage rate would be a possibility. Re -computation of the millage was not required. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Chandler moved to read by title only, proposed Ordinance No. 914 establishing revenues and expenditures of all City funds (budget) for Fiscal Year 2005/2006; seconded by Council Member Markham. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 372 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 4 OF 14 VII. FINAL BUDGET PUBLIC HEARING CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 914 by title only. 2. a) Motion to adopt proposed Ordinance No. 914. b) Public comments and discussion. c) Vote on motion. CLOSE THE FINAL BUDGET PUBLIC HEARING - Mayor. IX. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Pro -Tern Watford read proposed Ordinance No. 914 by title only, as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $10,163,485.00 AND EXPENDITURES OF $4,978,613.00, LEAVING A FUND BALANCE OF $5,184,872.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $951,986.00 AND EXPENDITURES OF $430,000.00, LEAVING A FUND BALANCE OF $521,986.00, CAPITAL PROJECTS -VEHICLES REVENUES OF $986,014.00 AND EXPENDITURES OF $986,014.00, LEAVING A FUND BALANCE OF $-0-; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $6,434.00 AND EXPENDITURES OF $6,434.00, LEAVING A FUND BALANCE OF$-&; INDUSTRIAL DEVELOPMENT FUND/ECONOMIC DEVELOPMENT FUND REVENUES OF $600,000.00 AND EXPENDITURES OF $600,000.00; LEAVING A FUND BALANCE OF $-0-; CDBG BLOCK GRANT FUND REVENUES OF $128,119.00 AND EXPENDITURES OF $128,11100 LEAVI NG A FUND BALANCE OF $-0-; PROVIDING AN EFFECTIVE DATE " Council Member Markham moved to adopt proposed Ordinance No. 914; seconded by Council Member Chandler Mayor Pro -Tern Watford asked whether there were any questions or comments from the public regarding the proposed budget. There were none. The Council reviewed the final changes that were made, including the salary increases. Administrator Whitehall noted for the record, due to petroleum increases, the estimated costs for the street overlay program, Capital Improvement Project, have increased more than the original projections. The City will either lower the project or consider a midyear budget amendment. The final decision will be brought back to the Council. He just wanted everyone to be aware of the situation. Council Member Williams noted she has a conflict of interest, and will be abstaining from voting on this matter, due to her employment with Okeechobee Main Street. KIRK - ABSENT CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - ABSTAINED* MOTION CARRIED. MAYOR PRO-TEM WATFORD CLOSED THE FINAL BUDGET PUBLIC HEARING AT 5:20 P.M. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 5:21 P.M. 1 1 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 5 OF 14 373 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Motion to read by title only, proposed Ordinance No. 907, regarding Council MemberWilliams moved to read by title only, proposed Ordinance No. 907, regarding Alley Closing Application Alley Closing Application No. 76 - City Attorney (Exhibit 3). No. 76; seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 907 by title only. Mayor Pro-Tem Watford read proposed Ordinance No. 907 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAYAS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT INAND FOR OKEECHOBEE' COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 907. III Council Member Markham moved to adopt proposed Ordinance No. 907; seconded by Council Member Chandler. b) Public comments and discussion. III Mayor Pro-Tem Watford asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Alley Closing Application No. 76, submitted by Believers Fellowship Church. They are requesting to close the alley running East to West between Lots 1, 2, 3 and 10, 11, 12 of Block 179, City of Okeechobee, for future planning. There were no objections from the utility companies, -however, the Okeechobee Utility Authority (OUA) noted that they will need an easement for a waterline, as well as the church would have to relocate at least one of the meters at their own expense. Public Works Director Robertson and Administrator Whitehall object to the closing, and offer that they would prefer a use of alley agreement in place of an abandonment to keep the alleys open for drainage. Engineer Bermudez stated that the Southwest section of the City has a critical drainage problem and is objecting as well. Clerk Gamiotea reported that all appropriate fees have been paid. The OUA easement is addressed. The reverter clause is included, as addressed and amended at the August 16, 2005 meeting. The ordinance was appropriately advertised. Twenty-eight certified letters were mailed to surrounding property owners with no response to date. 374 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 6 OF 14 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 908, regarding Council MemberWilliams moved to read by title only, proposed Ordinance No. 908, regarding Alley Closing Application Alley Closing Application No. 77 - City Attorney (Exhibit 4). 111 No. 77; seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 908 by title only. Mayor Pro-Tem Watford read proposed Ordinance No. 908 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONINGA PORTION OF THEALLEYORALLEYWAYAS DESCRIBED HEREIN, WITHIN' BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITYCLERKTO RECORD THE ORDINANCEIN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT INAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE " 2. a) Motion to adopt proposed Ordinance No. 908. III Council Member Markham moved to adopt proposed Ordinance No. 908; seconded by Council Member Williams. b) Public comments and discussion. III Mayor Pro-Tem Watford asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Alley Closing Application No. 77, submitted by Ronnie and Ellain Lawrence. They requested to close the South one-half of the alley running North to South and located between Lots 4, 5, 6 and 10, 11, 12 of Block 16, South Okeechobee, for the development of Lots 10,11 and 12. The North -half of the alley is already closed. Clerk Gamiotea reported that all fees have been paid. The ordinance was advertised appropriately. No easements are required from utility companies. Thirty-five certified letters were mailed to surrounding property owners with no response to date. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 1 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 7 OF 14 375 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only, proposed Ordinance No. 911, regarding Council Member Williams moved to read by title only, proposed Ordinance No. 911, regarding Rezoning Application Rezoning Application No. 05-008-R, submitted by Ronnie and Ellain No. 05-008-R, submitted by Ronnie and Ellain Lawrence; seconded by Council Member Chandler. Lawrence - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) Attorney Cook to read proposed Ordinance No. 911 by title only. Mayor Pro-Tem Watford read proposed Ordinance No. 911 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF4) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHIT ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 911. Council Member Markham moved to adopt proposed Ordinance No. 911; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Pro-Tem Watford asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lots 10, 11 and 12 of Block 16, South Okeechobee, for vacant property located at 1120 South Parrott Avenue from RSF-1 to CHV. The application was submitted by property owners, Ronnie and Ellain Lawrence. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) When necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. 376 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 8 OF 14 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued. Clerk Gamiotea reported that all fees have been paid. The ordinance was advertised appropriately. There were twenty courtesy letters mailed to surrounding property owners with no response to date. The Future Land Use designation is Commercial, and this rezoning would make both maps compatible. Council Member Watford noted that he would like to commend the applicant for leaving the older, historical value home. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only proposed Ordinance No. 912, regarding Council Member Williams moved to read by title only, proposed Ordinance No. 912, regarding Rezoning Application Rezoning Application No. 05-009-R, submitted by Mark Goodbread No. 05-009-R, submitted by Mark Goodbread; seconded by Council Member Chandler. - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 912 by title only. Mayor Pro-Tem Watford read proposed Ordinance No. 912 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEA VY COMMERCIAL (CHID ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY(RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE " 2. a) Motion to adopt proposed Ordinance No. 912. Council Member Markham moved to adopt proposed Ordinance No. 912; seconded by Council Member Williams. b) Public comments and discussion. Mayor Pro-Tem Watford asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lots 23 through 26 of Block 31, City of Okeechobee, for vacant property located at the corner of Northeast 10'h Street and 3`d Avenue from CHV to RMF. The application was submitted by Mark Goodbread on behalf of property owners, KMJ Land, Inc. 1 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 9 OF 14 377 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. b) Public comments and discussion continued. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi -Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely affect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. Clerk Gamiotea reported that the fees were waived. There was an oversight on a previous rezoning application and this property was supposed to have been included. This corrects that oversight. The ordinance was advertised appropriately. There were thirteen courtesy letters mailed to surrounding property owners with no response to date. A Future Land Use Map Amendment change to Multi -Family was recently adopted by the Council. Therefore, this rezoning would make both maps compatible. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E.1. a) Motion to read by title only proposed Ordinance No. 915, regarding Council Member Williams moved to read by title only, proposed Ordinance No. 915, regarding Rezoning Application Rezoning Application No. 04-010-R, submitted by Chris and Gail No. 04-010-R, submitted by Chris and Gail Newman; seconded by Council Member Chandler. Newman - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only. KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 915 by title only. Mayor Pro-Tem Watford read proposed Ordinance No. 915 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHID ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 373 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 10 OF 14 It PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. Intermission Discussion regarding Streets and Alley's in order to give the City Attorney time to attend the meeting. 2. a) Motion to adopt proposed Ordinance No. 915. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Administrator Whitehall requested a brief recess from the agenda to allow the City Attorney time to arrive. During this intermission he would like to discuss a previous issue regarding Street and Alley Abandonments since all pending applications have now been concluded. Mayor Pro -Tern Watford allowed the discussion intermission. At the August 2, 2005 meeting, the Council instructed City Staff to report back to the Council what purpose the alleyways serve. What role will they play in the future for the City? How do other cities process them? Mr. Whitehall advised that he has requested a geographical map from South Florida Water Management indicating all drainage areas within the City in order to assist staff when looking at how closing a street or alley would jeopardize a particular drainage area. To date he has not been able to obtain the map. Planning Consultant LaRue forwarded preliminary information through the Administrator to the Council several weeks ago. The conclusion of the discussion was that the Administrator should put this matter on the October 4, 2005 agenda in order for Council to make a final decision on the matter. There are other pending matters similar and Mayor Pro -Tern Watford suggested the best method to bring these to a conclusion or resolution would be to put those items on the agenda as well. Council Member Williams moved to adopt proposed Ordinance No. 915; seconded by Council Member Chandler. Mayor Pro -Tern Watford stated, there was quite a bit of discussion at the last meeting regarding this rezoning. There was not a unanimous vote. That may go the same way tonight, with that being the case, a tie vote would cause the motion to be denied. Out of respect to the Mayor, since he voted in favor for it, I suggest we table this until the Mayor can be here. Council Member Markham added that he agreed. He was one that voted no on the motion and he did not think it would pass tonight either. Mayor Pro -Tern Watford verified with Attorney Cook whether it would be appropriate to table the matter. He responded yes, as long as the Clerk advertises it. Council Member Williams moved to table the adoption of proposed Ordinance No 915; seconded by Council Member Chandler. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 5:50 P.M. 1 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 11 OF 14 379 X. NEW BUSINESS. A. Motion to approve the 2003/2004 Fiscal Year Audit Report - Ms Deborah Bradley of Hoyman, Dobson and Company, PA., presented and distributed copies of the results for the Deborah A. Bradley, Audit Director. 2003/2004 Fiscal Year audit. Findings were of limited significance. Items of notation from last year's report were noted to have been corrected. Those items being: Internal control over financial reporting of the fixed assets; law enforcement special revenue fund expenditures; and capital outlay and operating expense classification. All areas are being addressed appropriately. This year's report encompasses the new GASB 34 reporting procedures. Ms. Bradley reported that the City is financially sound. One item noted are to implement better controls, and check lists for grant files. Mayor Pro -Tern Watford thanked Ms. Bradley for her presentation. He remarked that it was good to see the fixed assets finally completed after being on the manager's letter for several years. She also noted that should the Council have any questions once they have had the opportunity to review the report closer, she would be available. No official action was necessary for this item. B. Motion to reappoint Louise Chandler and Steve Padgett to the Council Member Williams moved to reappoint Louise Chandler and Steve Padgett to the Police Officers' Pension Police Officers' Pension Board of Trustees, term beginning October Board of Trustees, term beginning October 1, 2005 and ending September 30, 2007; seconded by Council Member 1, 2005 and ending September 30, 2007 - Bettye Taylor, Pension Chandler. The Council noted their thanks and appreciation for these citizens to serve on this board. Fund Secretary. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA 11 CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C. Motion to ratify the appointment of Robert Peterson to the Police Council Member Chandler moved to ratify the appointment of Robert Peterson to the Police Officers' Pension Board Officers' Pension Board of Trustees, term beginning October 1, of Trustees, term beginning October 1, 2005 and ending September 30, 2007; seconded by Council Member Williams. 2005 and ending September 30, 2007 - Bettye Taylor, Pension Fund Secretary. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D. Motion to reappoint John Koepke to the Firefighters' Pension Board Council Member Williams moved to reappoint John Koepke to the Firefighters' Pension Board of Trustees term of Trustees term beginning October 1, 2005 and ending September beginning October 1, 2005 and ending September 30, 2008; seconded by Council Member Chandler. The Council 30, 2008 - Bill Douglas, Fire Pension Fund Secretary. 11 noted their thanks and appreciation for his willingness to serve on this board. 380 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 12 OF 14 X. NEW BUSINESS. D. Motion to reappoint John Koepke to the Firefighters' Pension Board VOTE of Trustees term beginning October 1, 2005 and ending September KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA 30, 2008 continued. I CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Motion to appoint Brian O'Cain to the Firefighters' Pension Board of Council Member Chandler moved to appoint Brian O'Cain to the Firefighters' Pension Board of Trustees, term Trustees, term beginning October 1, 2005 and ending September 30, beginning October 1, 2005 and ending September 30, 2007 (replacing Ricky Holt); seconded by Council Member 2007 - Bill Douglas, Fire Pension Fund Secretary. Williams. The Council noted their thanks and appreciation for his willingness to serve on this board. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. F. Motion to ratify the appointment of William Douglas and Glen Council Member Williams moved to ratify the appointment of William Douglas and Glen Hodges to the Firefighters' Hodges to the Firefighters' Pension Board of Trustees, term Pension Board of Trustees, term beginning October 1, 2005 and ending September 30, 2007; seconded by Council beginning October 1, 2005 and ending September 30, 2007 - Bill Member Chandler Douglas, Fire Pension Fund Secretary. VOTE KIRK - ABSENT MARKHAM -YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. G. Motion to fill vacancies on the Board of Adjustments/Land Planning Council Member Chandler made a motion to move Terry Burroughs from an Alternate Member to Regular Member, Agency/Planning Board/Design Review Board - City Clerk. completing the term left vacant by the resignation of Dr. Mavroides to the Board of Adjustments/Land Planning Agency/Planning Board/Design Review Board; seconded by Council Member Markham. There was a brief discussion on this matter. KIRK - ABSENT CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Based on the above action, this now leaves an alternate position open on these boards. The City had six applicants on file from applications obtained in April. Council Member Chandler moved to appoint Carol L. Johns as an Alternate Memberto the Board of Adjustments/Land Planning Agency/Planning Board/Design Review Board, term beginning September 20, 2005 and ending April 30, 2008; seconded by Council Member Markham. 1 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING -PAGE 13 OF 14 381 1 X. NEW BUSINESS CONTINUED. G. Motion to fill vacancies on the Board of Adjustments/Land Planning VOTE Agency/Planning Board/Design Review Board continued. I KIRK -ABSENT MARKHAM-YEA WILLIAMS-YEA H. Motion to approve a Temporary Street Closing for Central Elementary School - City Clerk (Exhibit 8). I. Discussion pertaining to developing a policy for conveying property in the industrial park - City Administrator. ITEM ADDED TO AGENDA: J. Consider action taken by the Code Enforcement Board regarding Marvin Brantley Case No. 05-218, Violation of Safety and Health Issues - City Attorney (Exhibit 9). CHANDLER -YEA WATFORD - YEA MOTION CARRIED. Council Member Markham moved to approve a Temporary Street Closing submitted by Central Elementary School along Southwest 5' Avenue from 6th Street to South property line of the school, for their Fall Festival to be held on Friday, October 28, 2005 from 4:30 p.m. to 8:30 p.m.; seconded by Council Member Williams. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Administrator Whitehall addressed the Council with information regarding the development of a policy for conveying property within the City Commerce Center. Following a lengthy discussion, the Council instructed Mr. Whitehall to develop an application whereby applicants can submitto the CityforCouncil consideration. In that application the proposed business must disclose what type of business they want to operate. How many jobs the business will create? Amount of acreage required, or size of lot needed? Existing track record? When they will open for business? Amount of offer per acre to purchase the land? In addition to previous action taken to find property located at 1811 to 1905 South Parrott Avenue, owner Marvin Brantley, the Code Enforcement Board (CEB) took the following action at their September 13, 2005 meeting: "Find Case No. 05-218 in violation of Code Book Sec. 30-40(2) and to declare the property a safety hazard and nuisance." The violation consists of thirty-foot wide fire lanes within the property every one -hundred feet to permit fire and emergency vehicles access to the interior of the property. The board gave the owner thirty days, from the date of the September 20, 2005 City Council Meeting, in which to have these fire lanes cleared. They then recommended to the City Council that they immediately begin to procure bids or make a plan of action, or clear the fire lanes. On the thirty- first day, from the City Council meeting that plan would be executed if the property is not in compliance. Following a discussion between the Council, Attorney Cook, and CEB Chairperson Worley, Council Member Chandler moved to instruct the City Administrator to obtain bids to clear fire lanes on the Brantley property; seconded by Council Member Markham. 382 SEPTEMBER 20, 2005 - FINAL BUDGET HEARING AND REGULAR MEETING - PAGE 14 OF 14 X. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: J. Consider action taken by the Code Attorney Cook also clarified that Mayor Kirk voiced concerns at the last meeting regarding liability should the City Enforcement Board regarding Marvin Brantley Case No. 05-218, Violation of proceed to clean up this property. The other issue with this property is the failure to meet the court order mandated Safety and Health Issues continued. time line to clean up the front portion of that property as well. Under provisions of Florida Statutes Chapter 162, this property was cited and found to be a public safety risk, the City has no liability. All costs will be assessed to the land owner. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VIII. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO-TEMPORE WATFORD ADJOURNED THE Please take notice and be advised that when a person decides to appeal any decision made MEETING AT 7:10 P.M. The next regularly scheduled meeting is October 4, 2005. 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 tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: Dowling R. Watford, Jr., kayor Pro-Tempore 0a F�— Lane Gamiate" CMC, City Clerk AFFIDAVIT OF P ISHER . OKEECHOBEE IMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a I Council ReaularMeetina Notice PO #12878 in the matter of �itv of p�echobee Ci of Okeechobee I----------------------------- - CITY COUNCIL REGULAR MEETING 55SEThird Avenue NOTICE NOTICE IS HEREBYGIVEN thatthe City County of the City Okeechobee FL 34974-2932 of Okeechobee will meet °n T: essay, September 20 z005, ;m. mediately -following the Final BudgetPublic Hearing at 5:01 P.m:, City Hall, 55 SE 3rd 'Ave, Rot200, Okeechobee, Florida. The pub- Ilc is invited and e,mumged to attend. For I n the a COPY of the agenda contact'.(y-'ity Admiaisna- ' tion at (863) 763-3372 x 212. "` Court, was published in said newspaper in the issues of 09/15/2005 PLEASE TAKE NOTICE AND BE ADVISED that if any person ies res to ap- P�th any decision made by: -City Council to anY Matt meeting such pect interesteder considered at this record of the Person twill.: need a Proceedings, and: for such r POse may need to ensure a .verbatim record the Proceed' is Affiantfurther says that the said Okeechobee Times is a newspaper made, which record in- cl t edap,"" tiss'0 be and evidence ° the appeal is to be back. rapes uClesed fo published at Okeechobee, in said Okeechobee County, Florida, ath Office. p°pOSC of back-up. for the Clerk's and that said newspaper has heretofore been continuous) published said Okeechobee, Florida as a daily, In accordance with the Americans with 286-26,rper Act (ADA) and Florida Statute 286.26, persons with weekly, or bi-week) y been entered as second class disabilities needing spepre- cial accommodation m participate. in this pm - ceeding pro- mail matter at the post office in Okeechobee, in said Okeechobee County, should contact Lane Gatniotea, no later than two working days prior m the Florida, for a period of one year next preceding the first publication of the attached 63 nEB og Vo8�3-763-3372 x 214; if you are 3448 OD�)pp- copy of advertisement; and affiant further says that he has neither (VOICE) °r 4caall 2 y Ja�E'Kitk,Mayur p aid nor promised any person, firm or corporation any discount, PUSLI,°esH i°'°I°teal eMc, euy C1ehk rebate, commission or refund for the purpose of securing this advertisement OKEECHOs - ................................................... publication in the said newspaper. lamp's A. Hughes, Jr., (Publishe ) Sworn to and subscribed before me this `�� day of 1��,,„��� A.D. 2005 (SEAL) ° A 9 Al `I Notary Public SY��e., osealee A. Brennan Corrunission #DD318483 a Expires: Jun 25, 2008 �9 OF Fl°Q.• Bonded Thru Atlantic Bonding Co., Inc. Page -1- Tape 1 side A CITY OF OKEECHOBEE - September 20, 2005 - FINAL BUDGET HEARING AND REGULAR CITY COUNCIL MEETING -HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Pro Tempore Watford, September 20 2005 City Council Regular City Council Meetinq 5:A.m. II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson First United Methodist Church; Pledge of Allegiance led by MayDr. p,?j _ lxjnr� III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council mber Lowry Markham i-erx�P�e.. ouncil Member Dowlinag R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson Y V IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. Present Victoria Williams with a Five -Year Service Award. M (Li r1 t`i5 ez4 i'►e. j — V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the Septembec 7, 2005 First Budget Hearing and the Regular Meeting; seconded by Council Member. Ra��� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER k MARKHAM WATFORD WILLIAMS MOTION: DENT /CARRIED. C] • Page -2- VI. WARRANT REGISTER - Administrator. A. Council Member moved to approve the August 2005 Warrant Register in the amounts: General Fund, three hundred thousand, four hundred fifty d g y dollars and eighty - five cents ($322,450.85); Public Facility Improvement Fund, twenty-five thousand, fifty-nine dollars and ninety-two cents ($25,059.92); Capital Projects -Vehicles, eighteen thousand dollars ($18,000.00); CDBG GrantZdne�2sand, six hundred twelve dollars ($1,612.00); seconded by Council Member ` r VOTE YEA NAY ABSTAIN ABSENT KIRK �( CHANDLER )( MARKHAM X WATFORD X WILLIAMS X MOTION: DENIED/ ARRIED. VII. AGENDA - Mayor. �,it A. Requests for the addition, deferral or withdrawal of items on today s agenda. �(sucsS '>O C VII. MAYOR PRO-TEM WATFORD OPENED THE FINAL BUDGET PUBLIC HEARING FOR ADOPTION OF BUDGET ORDINANCES AT . / O P.M. A.1. a) Council Member _UdL the moved to read by title only, proposed Ordinance No. 913, ado ting a,millage rate of 7.1899 for the 2005/2006 Fiscal Year; seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM X WATFORD X WILLIAMS j( MOTIO : DENIED/ RRIE . C) ead pro sed Ordinance No. 913 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 7.1899 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.1899 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITYPURPOSES THAT SAID MILLAGERATE/S 13.11 PERCENT MORE THAN THE ROLL-BACKRATE COMPUTED /NACCORDANCE WI TH FLORIDA STATUTE 200.066 {1); PROVIDING AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 913; seconded by Council Member, b) Public comment and discussion. jxZt4xe C) Re -computation of millage (if required). C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM ?� WATFORD WILLIAMS MOTION: DENIED ARRIED. • • Page -3- B.1. a) Council Member moved to read by title only, proposed Ordinance No. 914 establishing revenues and expenditures of all Cityfunds (budget) forFiscal Year2005/2006; seconded by Council Member revenues 4-yt b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER )C MARKHAM WATFORD WILLIAMS MOTION: DENT /CAR ED. �Ck-�t c�- C) read proposed Ordinance No. 914 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $10,163,485.00 AND EXPENDITURES OF $4, 978, 613.00, LEAVING A FUND BALANCE OF $5,184, 872.00, PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $951,986.00 AND EXPENDITURES OF $430,000.00, LEA VINGA FUND BALANCEOF$521,986,.00, CAPITAL PROJECTS -VEHICLES REVENUES OF $986,014.00AND EXPENDITURES OF$986,014.00, LEAVING FUND BALANCE OF$-0-; LAW ENFORCEMENT SPECIAL FUND REVENUES OF'$6,434.00AND EXPENDITURES OF$6,434.00, LEAVING A FUND BALANCE OF $-0- INDUSTRIAL DEVELOPMENT FUND/ECONOMIC DEVELOPMENT FUND REVENUES OF $600,000.00 AND EXPENDITURES OF $600,000.00; LEAVING FUND BALANCE OF$-0-; CDBG BLOCK GRANTFUND REVENUES OF$128,119.00 AND EXPENDITURES OF $128,119.00 LEAVING A FUND BALANCE OF $-0-; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member 4 moved to adopt proposed Ordinance No. 914; seconded by Council Member b) Public comments and discussion. dot l L�-aCJ C 'L� C7 i �c sz� Chu JXG�,� xs2 x CAP 1� z,t't—) C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED RIED. MAYOR PRO-TEM WATFORD CLOSED THE FINAL BUDGET PUBLIC HEARING AT og P.M. • • Page -4- IX. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT S` cZ P.M. A. 1. a) Council Member moved to read by title only. proposed Ordinance No. 907, regarding Alley Closing Application No. 76 - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER jl MARKHAM WATFORD WILLIAMS X MOTION: DENIE CAR IED. C) Attorney Cook read proposed Ordinance No. 907 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT TH�AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." !" 2. a) Council Member moved to adopt proposed Ordinance No. 907; seconded by Council Member "° b) ' Public comments and discussion. This is the final reading for this ordinance regarding Application No. 76, Believers Fellowship Church, to close the alley between Lots 1, 2, 3 and 10, 11, 12 of Block 179, City of Okeechobee, for future planning. There were no objections from the utility companies, but OUA noted that the church would have to relocate the metef at their own expense and they will need an easement for the church meter and water line. Public Works Director Robertson and Administrator Whitehall object to the closing, and offer that they would prefer a use of alley agreement in place of an abandonment to keep the alleys open for drainage. Engineer Bermudez stated that the Southwest section of the City has a critical drainage problem and is objecting as well. At the August 16, 2005 City Council meeting there was a first reading of Ordinance No. 907, and a motion was approved to amend and add a reverter clause, limiting the alley closing to twenty-four months from thy; adoption date after the approval of the final reading. C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER x /� MARKHAM �C WATFORD WILLIAMS MOTION: DENT D ARRIED. 0- • o fl 9 u Page -5- B.1. a) Council Member u� moved to read by title only proposed Ordinance No. 908, reg n; Alle Closing Application No. 77 - City Attorney (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK i CHANDLER X MARKHAM WATFORD }� WILLIAMS MOTION: ENIE ARRIED. C) At or read p posed Ordinance No. 908 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING -A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 10, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT (NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 908; seconded by Council Member b) Public comments and discussion. 'y t O-Xk - The applicant's, Ronnie and Ellain Lawrence are requesting that the South one-half of the alley located between Lots 4, 5, 6 and 10, 11, 12 of Block 16, South Okeechobee, be closed for the development of Lots 10, 11 and 12. There was a brief discussion on this matter. The North -half of the alley is already closed. h� 'tq ; la C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK J_ CHANDLER X MARKHAM X WATFORD x WILLIAMS MOTION: DENIED/ RRIED. U 0 Page -6- C.1. a) Council Member j( J &�N,cA moved to read by title only, proposed Ordinance No. 911, regarding Rezoning Application No. 05-008-R, submitted by Ronnie and Ellain Lawrence - City Planning Consultant (Exhibit 5); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK l CHANDLER jC MARKHAM �L WATFORD �C WILLIAMS yC MOTION- ENIE�^^DI RRIED.`� C) ead proposed Ordinance No. 911 by title only as follows: "ANORDINANCEOFTHE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member xJ moved to adopt proposed Ordinance No. 911; seconded by _. Council Member b) Public comments and discussion. (--71 C-1' �- This Ordinance amends the Zoning designation on Lots 10, 11 and 12 of Block 16, South Okeechobee, for vacant property located at 1120 South Parrott Avenue from RSF-1 to CHV. The application was submitted by property owners, Ronnie and Ellain Lawrence. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use, Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) When necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion; flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions; (J) The proposed change will not grant special privileges to the owner. , C) Vote on motion. VOTE- YEA NAY ABSTAIN ABSENT KIRK CHANDLER jC / MARKHAM yL WATFORD WILLIAMS MOTION: DENIED �RRI Page .7- D.1. a) council Member (Ptdf'alXLJ moved to read by title only proposed Ordinance No. 912, regarding Rezoning Application No. 05-009-R, submitted by Mark Goodbread - City Planning Consultant (Exhibit 6); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER �( MARKHAM �[ WATFORD WILLIAMS 4 C) City-- to read 0oposed Ordinance No. 912 by title only as follows: "ANORDINANCEOFTHE VTYOF FLORIDA AMEN DING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHIT ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 912; seconded by Council Member t , . b) Public comments- and discussion. This Ordinance amends the Zoning designation on Lots 23 through 26 of Block 31, City of Okeechobee, for vacant property located at the corner of Northeast 10" Street and V Avenue from CHV to RMF. The application was submitted by Mark Goodbread on behalf of property owners, KMJ Land, Inc. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi - Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely affect the public interest. (D) Multi -Family use, is compatible with adjacent land uses, (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. P C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER y MARKHAM k WATFORD WILLIAMS MOTION: DENIED RRIED. • 11 Page -8- E.1. a) Council Member j124-( moved to read by title only proposed Ordinance No. 915, regarding Rezoning Application No. 04-010-R, submitted b Chris and Gail Newman - City Planning Consultant (Exhibit 7); seconded by Council Member 3 b) Vote on motion to read by title only. VOTE_. YEA NAY ABSTAIN ABSENT KIRK x CHANDLER V MARKHAM WATFORD � WILLIAMS MOTIO t-DEN T D ARRIED. C) ey to read proposed Ordinance No. 915 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THEOFFIC/AL ZONING MAP OFOKEECHOBEE BYREZONINGA CERTAIN TRACT OFLAND MORE PARTICULARL YDESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 915; seconded by Council Member b) Public omnments and discussion. /ce4-4% Mr. and Mrs. Chris Newman applied for rezoning (Petition 04-010-R), in November 2004. The petition went before the City Council on January 4, 2005 for the final reading in which the motion was denied. The applicants requested a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking, and less strict parking and loading standards. The discussion amongst Council Members at the January meeting was that changing the zoning was not going to make the parking problems disappear for these lots and the existing buildings. At the August 16, 2005 City Council Meeting, this rezoning was presented to the Council again as a litigation case. Attorney Cook remarked that while it is agreed there are pros and cons to each side of this issue; particularly in light of the fact that our Land Planning Expert and the City Zoning Board recommend approval of the request as being consistent with our Comprehensive Plan, it is a sensible solution to the ongoing land use and parking issues that will continue to plague this block providing we do not take action, After a lengthy discussion the Council decided that it would be in the best interest of all involved that this matter be discussed in an Executive Session, but they would proceed with the drafting of the appropriate ordinance and present it for first reading at the September 7, 2005 City Council meeting, On September 6, 2005, a Closed Executive Session was held with only Mayor Kirk, the City Council Members, Attorney Cook and Administrator Whitehall in attendance to discuss this litigation. A court reporter was present to record the session. The transcript will be made part of the public records upon conclusion of the litigation: C) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER r, MARKHAM WATFORD WILLIAMS MOTION: DENIEDICARRIED. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT �- J`� Zr gy lz� cy- 0 2 kc-lu 0-ill- F v , U- - P16- ILIZ 0 u �l Page -9- X. NEW BUSINESS. Gam, - -7 V 5 � A. Council Member moved to approve the 2004/2005 Fiscal Year Audit Report - Deborah A. Bradley, Audit Director; seconded by Council Member lo �7 Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/CARRIED. B. Council Member 1 Lmj-� moved to reappoint Louise Chandler and Steve Padgett to the Police Officers' Pension Board of Trustees, :term beginning October 1, 2005 and end' n Septe ber 30, 2007 - Bettye Taylor, Pension Fund Secretary; seconded by Council Member , ��f�� Vote on motion VOTE YEA NAY ABSTAIN ABS NT KIRK CHANDLER MARKHAM WATFORD �- WILLIAMS MOTION: DENT D&A-RRiFn i Page -10- C• Council Member � moved to ratify the appointment of Robert Peterson to the Police Officers' Pension Board of Trustees, term beginning October 1, 2005 and endi g Sep ember 30, 2007 - Bettye Taylor, Pension Fund Secretary; seconded by -Council Member c (� — Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM }L WATFORD SL L. WILLIAMS MOTION: DENIE / ARRIED D. Council Member moved to reappoint John Koepke to the Firefighters' Pension Board of Trustees, term beginning October 1, 2005 and end' Fire Pension Fund Secretary; seconded by Council Memberng e tember 30, 2008 -Bill Douglas, 0 Vote on motion. p VOTE - YEA NAY ABSTAIN ABSENT KIRK CHANDLER �C MARKHAM- WATFORI) L. WILLIAMS MOTION: DENIE ARRIED, • • Page -11- E. Council Member moved to appoint Brian 0' Cain to the Firefighters' Pension Board of Trustees, term beginning October 1, 2005 and endjN-y" ptember 30, 2007 -Bill Douglas, Fire Pension Fund Secretary; seconded by Council Member U A Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/(�RIED. F. Council Member( - )ktved to ratify the appointment of William Douglas and Glen Hodges to the Firefighters' Pension Board of Trustees, term beginning October 1, 2005 and ending September 3Q, 007 - Bill Douglas, Fire Pension Fund Secretary; seconded by Council Member LO Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ ARRIED. Page -12- G. Council Member moved to fill vacancies on the Board of Adjustments/Land Planning Agency/Planning Board/Design Review Board - City Clerk (Exhibit 9); seconded by Council Member 611 i /t42 li IXJi� 4 A� c Ate. Vote on motion. s VOTE YEA NAY _ ABS � KIRK ABSTAIN ABSENT CHANDLER f�l%uu MARKHAM WATFORD _ L. WILLIAMS MOTION: DENIED ARRIED. H. Council Member moved to approve a Temporary Street ;Closing for Central --- _ Elementary School - City Clerk (Exhibit 8); seconded by Council Member -- 3� Vote on motion. VOTE . KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI YEA NAY ABSTAIN ABSENT � s Page -13- I. Discussion pertaining to developing a policy for conveying property in the industrial park - City Administrator. Lem Gt1' 3 r� 42o u -e P+-6,c-, Alv 4-0 XI. MAYOR PRO TEM WATFORD ADJOURNED THE CITY COUNCIL MEETING AT 07 P.M. i ciz 17 ✓' J jt 0 J • • Page -1- Tape 1 side A CITY OF OKEECHOBEE - September 20, 2005 - FINAL BUDGET HEARING AND REGULAR CITY COUNCIL MEETING -HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Council Member Watford nminr, as Mayor Pro-Tempore in the absence of Mayor Kirk Se tember 20 2005 CityCouncil Regular City Council Meeting 5 03 p m II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson First United Methodist Church; Pledge of Allegiance led by Mayor Pro Tem Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present nheant Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present Victoria Williams with a Five -Year Service Award. Nice people, glad to workhere, make some plans. V. MINUTES - City Clerk. A. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the September 7, 2005 First Budget Hearing and the Regular Meeting; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VI. WARRANT REGISTER - City Administrator. A. Council Member Markham moved to approve the August 2005 Warrant Register in the amounts: General Fund, three hundred twenty-two thousand, four hundred fifty dollars and eighty-five cents ($322,450.85); Public Facility Improvement Fund, twenty-five thousand, fifty-nine dollars and ninety- two cents ($25,059.92); Capital Improvement Projects -Vehicles, eighteen thousand dollars ($18,000.00); CDBG Grant Fund, one thousand, six hundred twelve dollars ($1,612.00); seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT Page -2- KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. ADD NEW BUSINESS ITEM J. Discuss the Brantley Case. VII. MAYOR PRO-TEM WATFORD OPENED THE FINAL BUDGET PUBLIC HEARING FOR ADOPTION OF BUDGET ORDINANCES AT 5:10 P.M. A.1. a) Council Member Williams moved to read by title only, proposed Ordinance No. 913, adopting a millage rate of 7.1899 for the 2005/2006 Fiscal Year; seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 913 by title only as follows: "AN ORDINANCE LEVYING A M/LLAGE RATE WHICH RATEIS SET ONALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 7.1899 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT Z1899 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE 1S 13.11 PERCENT MORE THAN THE ROLL -BACK RATE COMPUTED /NACCORDANCE WITH FL OR/DA STATUTE200.065 (1); PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 913; seconded by Council Member Williams. b) Public comments and discussion. Watford - 2 in favor of lowering the millage rate. C) Re -computation of millage (if required). d) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Chandler moved to read by title only, proposed Ordinance No. 914 establishing revenues and expenditures of all City funds (budget) for Fiscal Year 2005/2006; seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X 0 • • MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Page -3- c) Attorney Cook read proposed Ordinance No. 914 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $10,163,485.00 AND EXPENDITURES OF $4,978,613.00, LEAVING A FUND BALANCE OF $5,184,872.00, PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $951,986.00 AND EXPENDITURES OF $430,000.00, LEAVING A FUND BALANCE OF$521,986.00, CAPITAL PROJECTS -VEHICLES REVENUES OF $986, 014.00 AND EXPENDITURES OF $986,014.00, LEAVING A FUND BALANCE OF $-0-, LAW ENFORCEMENT SPECIAL FUND REVENUES OF $6, 434.00 AND EXPENDITURES OF $6, 434.00, LEAVING A FUND BALANCE OF $-0-; INDUSTRIAL DEVELOPMENT FUND/ECONOMIC DEVELOPMENT FUND REVENUES OF $600,000.00 AND EXPENDITURES OF $600,000.00; LEAVING A FUND BALANCE OF$-0-; CDBG BLOCK GRANT FUND REVENUES OF$128,119.00 AND EXPENDITURES OF $128,119.00 LEAVING A FUND BALANCE OF $-0-; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 914; seconded by Council Member Chandler. b) Public comments and discussion. None from the public. Markham, only change was the additional 6% for salaries. Brian, capital improvements - overlay project, concerned with petroleum costs could escalate, either we're going to probably lower project or do a mid year budget amendment. Just to point that out to you, since we're already see costs increasing. Markham, discussed all this, the 6% salary increase was a nice increase and with the step, think next years budget with the land value going up and a full year of it being on the property appraisers roll, look at the property owners/tax payers next year. Watford, appreciate that comment and hope we will be able to do that. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: DENIED/CARRIED. MAYOR PRO-TEM WATFORD CLOSED THE FINAL BUDGET PUBLIC HEARING AT 5:20 P.M. IX. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 5:21 P.M. A.1. a) Council Member Williams moved to read by title only. proposed Ordinance No. 907, regarding Alley Closing Application No. 76 - City Attorney (Exhibit 3); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Page -4- C) Attorney Cook read proposed Ordinance No. 907 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED 1N PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 907; seconded by Council Member Chandler. b) Public comments and discussion. None. Markham - East to West, 24 month reverter clause. UW All fee's have been paid. ow Easement is addressed. VW Reverter clause included VW Ordinance we advertised EW 28 Certified Letters - No responses This is the final reading for this ordinance regarding Application No. 76, Believers Fellowship Church, to close the alley between Lots 1, 2, 3 and 10, 11, 12 of Block 179, City of Okeechobee, for future planning. There were no objections from the utility companies, but OUA noted that the church would have to relocate the meter at their own expense and they will need an easement for the church meter and water line. Public Works Director Robertson and Administrator Whitehall object to the closing, and offer that they would prefer a use of alley agreement in place of an abandonment to keep the alleys open for drainage. Engineer Bermudez stated that the Southwest section of the City has a critical drainage problem and is objecting as well. At the August 16, 2005 City Council meeting there was a first reading of Ordinance No. 907, and a motion was approved to amend and add a reverter clause, limiting the alley closing to twenty-four months from the adoption date after the approval of the final reading. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Williams moved to read by title only proposed Ordinance No. 908, regarding Alley Closing Application No. 77 - City Attorney (Exhibit 4); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 908 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK • • Page -5- OF THE CIRCUIT COURT /NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 908; seconded by Council Member Williams. b) Public comments and discussion. None. Markham, lying south of captain d, improve property to build. Since other half already closed, don't see any reason why we should not 9W All fee's have been paid EW Ordinance advertised C�l No easements are required from utility companies 9W 35 Certified Letters - No responses The applicant's, Ronnie and Ellain Lawrence are requesting that the South one-half of the alley located between Lots 4, 5, 6 and 10, 11, 12 of Block 16, South Okeechobee, be closed for the development of Lots 10, 11 and 12. There was a brief discussion on this matter. The North -half of the alley is already closed. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Williams moved to read by title only, proposed Ordinance No. 911, regarding Rezoning Application No. 05-008-R, submitted by Ronnie and Ellain Lawrence - City Planning Consultant (Exhibit 5); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 911 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 911; seconded by Council Member Chandler. b) Public comments and discussion. None. Commend applicant for leaving older home. EW All fee's have been paid 9W Ordinance advertised OF Planning Board & Planning Staff recommending approval Page -6- 9W FLU - Commercial - will make maps compatible 9W 20 Courtesy Letters - No responses This Ordinance amends the Zoning designation on Lots 10, 11 and 12 of Block 16, South Okeechobee, for vacant property located at 1120 South Parrott Avenue from RSF-1 to CHV. The application was submitted by property owners, Ronnie and Ellain Lawrence. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) When necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: DENIED/CARRIED. D.1. a) Council Member Williams moved to read by title only proposed Ordinance No. 912, regarding Rezoning Application No. 05-009-R, submitted by Mark Goodbread - City Planning Consultant (Exhibit 6); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 912 by title only as follows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 912; seconded by Council Member Williams. b) Public comments and discussion. None. M, Fee's were waived Ordinance advertised Planning Board & Planning Staff recommending approval FLU - recently changed to Multi -Family - will make maps compatible 13 Courtesy Letters - No responses. Sign Posted on property. 0 Page -7- This Ordinance amends the Zoning designation on Lots 23 through 26 of Block 31, City of Okeechobee, for vacant property located at the corner of Northeast 101h Street and 3`d Avenue from CHV to RMF. The application was submitted by Mark Goodbread on behalf of property owners, KMJ Land, Inc. The Planning Staff and Planning Board are recommending approval based on the following criteria: Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi - Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely affect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. E.1. a) Council Member Williams moved to read by title only proposed Ordinance No. 915, regarding Rezoning Application No. 04-010-R, submitted by Chris and Gail Newman - City Planning Consultant (Exhibit 7); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 915 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BYREZONINGA CERTAIN TRACT OFLANDMOREPARTICULARLYDESCRIBEDHEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Whitehall, alley issue - staff instructed to compile information, planner & dept heads, kind of hanging out there, revisit. SFWMD, try geo drainage map, like to get my hands on that, assist in analysis, each alley closing studied more, hand off to another engineer? Don't want to side step it. Watford, got impression, that we weren't going to put moratorium, closely scrutinize each application, policy in place and be more strick with them, ie: adjoining property owners do not agree. Brian, agree, opposed to hiring consultants as anyone. Markham, on alley closing we're doing for commercial areas need for building, feel good reason, have some old subdivision that still have power lines, etc, can't close them unless pay to move them, type don't feel are a good reason to close, commercial feel okay, back off of 2"d and 3" avenues that I'm looking at. Brian, church one for example. Lowry, t alley doesn't really offer anything. Brian, even half a block Dowling any ditches in any alley's? Donnie a few. Watford I would suggest, several issues like this out there and need to come to some resolution, maybe each of us need to give you our opinions and have it as an agenda items and then we have to make a decision one way or the other. Next agenda have on there. Page -8- 2. a) Council Member Williams moved to adopt proposed Ordinance No. 915; seconded by Council Member Chandler. b) Public comments and discussion. None. Watford, had quite a bit of discussion at the last meeting, not unanimous, vote go way it did last meeting, tie vote, would not pass, respect to the Mayor, he was for it, hate to put him in the position since he is going to visit his elderly mother, if we don't think the vote it there we table this until the Mayor can be here. Markham, agree with you and let him be here for his vote, don't think it would pass tonight. To give their property owners there time. Watford okay to table. Cook as long as advertised Williams to table; seconded by Chandler. Vote. All Yea. Mr. and Mrs. Chris Newman applied for rezoning (Petition 04-010-R), in November 2004. The petition went before the City Council on January 4, 2005 for the final reading in which the motion was denied. The applicants requested a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking, and less strict parking and loading standards. The discussion amongst Council Members at the January meeting was that changing the zoning was not going to make the parking problems disappear for these lots and the existing buildings. At the August 16, 2005 City Council Meeting, this rezoning was presented to the Council again as a litigation case. Attorney Cook remarked that while it is agreed there are pros and cons to each side of this issue, particularly in light of the fact that our Land Planning Expert and the City Zoning Board recommend approval of the request as being consistent with our Comprehensive Plan, it is a sensible solution to the ongoing land use and parking issues that will continue to plague this block providing we do not take action. After a lengthy discussion the Council decided that it would be in the best interest of all involved that this matter be discussed in an Executive Session, but they would proceed with the drafting of the appropriate ordinance and present it for first reading at the September 7, 2005 City Council meeting. On September 6, 2005, a Closed Executive Session was held with only Mayor Kirk, the City Council Members, Attorney Cook and Administrator Whitehall in attendance to discuss this litigation. A court reporter was present to record the session. The transcript will be made part of the public records upon conclusion of the litigation. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/CARRIED. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 5:50 P.M. Mr. Jones, Believers Fellowship Ord 907. Sec - OUA easement is what that is addressing. X. NEW BUSINESS. A. Pg 56 recommendation, nothing significa Debbie Bradley, Fixed assets finally been corrected. Located in Melbourne, have a toll free number,1800-946 2720 Council Member moved to accept/approve the 2004/2005 Fiscal Year Audit Report- Deborah A. Bradley, Audit Director; seconded by Council Member 0 • 0 i Page -9- Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/CARRIED. B. Council Member Williams moved to reappoint Louise Chandler and Steve Padgett to the Police Officers' Pension Board of Trustees, term beginning October 1, 2005 and ending September 30, 2007 - Bettye Taylor, Pension Fund Secretary; seconded by Council Member Chandler. Thank them for willingness to serve. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Council Member Chandler moved to ratify the appointment of Robert Peterson to the Police Officers' Pension Board of Trustees, term beginning October 1, 2005 and ending September 30, 2007 - Bettye Taylor, Pension Fund Secretary; seconded by Council Member Williams. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Council Member Williams moved to reappoint John Koepke to the Firefighters' Pension Board of Trustees term beginning October 1, 2005 and ending September 30, 2008 - Bill Douglas, Fire Pension Fund Secretary; seconded by Council Member Chandler. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Council Member Chandler moved to appoint Brian O'Cain to the Firefighters' Pension Board of Trustees, term beginning October 1, 2005 and ending September 30, 2007 - Bill Douglas, Fire Pension Fund Secretary; seconded by Council Member Williams. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X Page -10- CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F. Council Member Williams moved to ratify the appointment of William Douglas and Glen Hodges to the Firefighters' Pension Board of Trustees, term beginning October 1, 2005 and ending September 30, 2007 - Bill Douglas, Fire Pension Fund Secretary; seconded by Council Member Chandler Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Council Member Chandler moved to Terry Burroughs fill vacancies on the Board of Adjustments/Land Planning Agency/Planning Board/Design Review Board - City Clerk (Exhibit 9); seconded by Council Member Markham. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Chandler, Carol Johns; Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. H. Council Member Markham moved to approve a Temporary Street Closing for Central Elementary School - City Clerk (Exhibit 8); seconded by Council Member Williams. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Discussion pertaining to developing a policy for conveying property in the industrial park - City Administrator. Brian, will not reiterate what is on paper to you, summary, worked with development of industrial park, mostly based on how the city council thought the business fit. Markham brought up great idea with lake shore 0 i Page -11- mechanics, selling price being closer to market value, how bad you want the property and then deduct from there. Get appraiser to put together an appraised value and then take credits away on value of property and job creation/retention. John, brought issue up a economic council, hadn't really pushed this, could also enquire if they have anyone who is looking. Map of area brought out. East side of commerce center is what is left. 4 proposals from other businesses. 1 wants all property that is remaining. Others indicate how much? Lake shore was 1 lot, Holmes 1 lot, no summary from the others. Had on back burner for some time now, what do we want to do? Set a price? Continue to negotiate with each? Mayor indicated he didn't want to negotiate anymore. Be as consistent as possible for making business fit. Market value approach is that what you're looking at? My opiionion is good place to start. I don't think bad idea to assign certain number of dollars to deduct for number of employees. Need well defined business plan from the applicant to make sure they have a financial stand. Watford, first tenant we gave him a real deal, had to have a tenant that would create jobs, and then he turns around and sells it and we sell him more property and its been rumured that .... we haven't created jobs out there yet and I guess that in hind site, we priced the second sale lower, but we are working with the grant in that process to get the infrastructure going in there. What kind of contingensies can we put on? Convey market value and refit part of that costs back to them? John, none other what is in the deed restrictions, Watford, my concern, no assurance they will go in, they can turn around and sell it. Brian, have right of first refusal John, right and we have that and Wafford, one concern was the type of business going in, someone can turn around and sell as long as they . Prefer no retail type businesses, just create more traffic. Couple proposals here that fit what we are looking at. Need to decide. Don't have a good feel. Markham probably better idea than any of us, do we just set a price? Or Markham, set a price on whatever we want. Set price and see what we can get as far as different type businesses. Want to give it back in one lump sum or over a period of time, rather spread out over a period of years, we can come up with a price or get appraisal, okeechobee doesn't have any industrail park comparisons to base it on, have to go with other communities, $110,000.00 per acre. Brian how many acres? Markham have to develop who is going to take care of the wetlands. Who is going to end up owning it? Get with engineer to mitigate. Don't think we can get a good appraisal on it. Chandler, our locals don't have that luxury. Markham, understand that, but if that is the price, that's it. Chandler, but if we have local people, have had the business for years, probably keep it, I'd rather see someone local at $60 $70 than more for out of towner. Watford, what if we small amount of property, what if we had each of these that have presented a proposal meet and negotiate with each one and have a better idea of what type of business, how many jobs, let them give proposals, how mqU acres, limited to how much they are willing to pay. That would give us an idea of what they can do. Then look at it and say this is the type business we want. Brain, what other variable than jobs? Size of lot/acres what will they need. Watford and agree with Chandler, people establish business will be here for foreseeable future, had offers from out of town, just want it, existing tract record how soon will they be opening their business how much do you want to offer. Type of industry, particularly the lots next to the residential lots. Or creates a nuisance. Brian, Okeechobee is in an advantageous position, you have 6 applicants already, where came from, we were trying to find them/beating the bushes. We'll fix an application process and look at them and you can look at them, first come first serve basis. $110,000.00 basis, and let them make an offer and it may not work. Page -12- Can't limit outside or inside who applies, that might have some type of bearing on which applicant I pick. ITEM ADDED TO THE AGENDA: Cited for failure to have appropriate fire lanes. Want action taken tonight, city can go in and clean the fire lanes and that they anticipated city hire contractor, get bids, take 30 days to occur, Steve Brantley was present, asked for additional time, code board wants action taken, if not done by that day the city would be ready to go. John, mayor concerned with liability if city went in, seperat apart from CEB action, failure to meet court order time line, purpose for code board 9/9 cited the property for the fire lanes years ago, and that was somehow resolved, Under provisions 162 citied and found public safety risk, fire chief testified that it is, if condition exist clearly states city no liability, all costs assessed to land owner, property was citied solely for that reason to use iwth lawsuit, code board 30 day grace period. Council approve grant admin to retain, seek bids to do the work whatever the court decides and what property looks like will not have to come back. 30 days from city council Lowry , can ony move around not take off property, Watford, fire lanes, not out front, 30 feet wide every 100 feet. Chairman of CEB just entered, will catch him up. Whatever judge doesn't Monday can be joined in with what CEB did. Quotes will be limited to $7500.00 Brian, as soon as we have quotes we'll bring those back Chandler instruct ca to obtain bids to clear fire lanes on brantley property, we all understand time line is 30 days from today; seconded by Co Markham. All yea. Motion Carried. XI. MAYOR PRO-TEM WATFORD ADJOURNED THE CITY COUNCIL MEETING AT P.M. 0 0 9/19/2005 2003/2004 ACTUAL 2004/2005 BUDGET 2005/2006 PROPOSED 2004/2005 ESTIMATE SAME MILEAGE FN ENDING FUND BALANCE $ 4,253,649 $ 3,921,233 $ 3,921,233 $ 4,880,237 AD VALOREM 7.1899 OTHER FEES INTERGOVERNMENTAL CHARGES FOR SERVICES FINES, FORFEITURES & PENALTIES USES OF MONEY & PROPERTY OTHER REVENUES $ 1,486,859 $ 1,267,242 $ 1,065,550 $ 347,746 $ 50,311 $ 50,000 $ 131,430 $ 1,769,648 $ 1,193,586 $ 1,029,323 $ 328,800 $ 41,653 $ 70,600 $ 21,288 $ 1,750,000 $ 1,198,801 $ 1,166,210 $ 452,757 $ 29,148 $ 32,300 $ 78,333 $ 1,991,978 $ 1,210,412 $ 1,268,282 $ 440,800 $ 26,782 $ 60,600 $ 32,028 REVENUES TOTAL REVENUES $ 4,399,138 $ 4,454,898 $ 4,707,549 $ 5,030,882 EXPENDITURES LEGISLATIVE EXECUTIVE CITY CLERK FINANCIAL SERVICES LEGAL COUNCIL GENERAL SERVICES LAW ENFORCEMENT FIRE PROTEC ION ROAD & STREET FACILITIES VEHICLES -CAP PROJ FUND $ 96,332 $ 121,308 $ 129,447 $ 171,473 $ 95,533 $ 343,210 $ 1,419,011 $ 1,016,067 $ 804,420 $ 75,784 $ 127,524 $ 139,800 $ 153,837 $ 187,039 $ 84,156 $ 337,751 $ 1,489,768 $ 1,056,065 $ 912,307 $ 78,262 $ 124,886 $ 122,795 $ 137,456 $ 173,551 $ 30,953 $ 356,901 1,390,305 $ 978,860 $ 883,657 $ 75,784 $ 128,795 $ 149,552 $ 162,763 $ 196,295 $ 80,450 $ 500,889 $ 1,597,373 $ 1,109,027 $ 968,469 $ 85,000 TOTAL EXPENDITURES $ 4,272,585 $ 4,566,509 4,275,148 $ 4,978,613 REVENUES LESS EXPENSES ; $ 126,553 i $ (111,611); $ 432,401 j $ 52,269 OPERATING TRANSFERS -IN CDBG-INDUST. PARK $ 2,325,000 $ 1,192,360 $ - CDBG-DOWNTOWN PUBLIC FACILITY FUND $ 160,000 $ 6,754 $ 160,000 $ - 160.000 $ 252,366 0 TRANSFERS -IN $ 160,000 $ 2,491,754 $ 1,352,360 $ 252,366 OPERATING TRANSFERS -OUT CDBG-INDUST PK CDBG-DOWNTOWN $ 499,360 $ 119,609 $ 693,060 $ 132,757 $ __ $ - TRANSFERS -OUT $ 618,969 $ - $ 825,757 $ - i F/YENDING FUND BALANCE $3,921,233 $6,301,3761 $4,880,237 $5,184,872 I I Z00312004 Actual 2004/2005 Budget 2003/20:e Estimate PROPOSE WE DEDUCT EXPENDITURES 96,332 121,308 129,447 171,473 95,533 343,210 1,419,011 1,016,067 804,420 4,196,801 127,524 139,800 153,837 187,039 84,156 337,751 1.489,768 1,056,065 912 307 124,886jjjl28,795Executive 137,456162,763 122,795149,552Ci 173,551 30,953 356,901 1,390,305 883 657 883 657 196,295 80,450 500,889 1,597,373 1,96-8 469 968 469 Le islative Clerk Financial Services Legal Council General Services Law Enforcement Fire Protection Road &Street Facilities EXPENDITURES 4,488,247 4,199,364 4,893,613 OPERATING TRANSFER -OUT 75,784 499,360TRANSFER-OUT 78,262 p 75,7842 693,000 8Innn 581-9200 Ca ital Projects -Vehicles 131.3000 0 CDBG GRANT FD 119,609TOTAL 694,753 p 78,262901,541 132757 85, TO BE REIMBURSED TRANSFER -OUT AND TRANSFER -OUT 4,891,554 4,566.509 5,100.905 4,978,613 TOTAL EXPENDITURE 3,921,233 6,301,376 4,880,237 5,184,872 FUND BALANCE, SEPTEMBER 30 -4 • 0 LINE ITEM DETAIL 2003/04 2004/05 2004/05 2005/06 2005/06 ACTUAL BUDGET STIMAT PROPOSED DIFFERENCE PERSONNEL COSTS: 1100 EXECUTIVE SALARIES 26506 26500 26500 26500 - 1510 LONGEVITY/SERV.INCENTIVE 0 0 0 0 2100 FICA 2638 2762 2762 2762 - 2200 RETIREMENT 2449 2449 2756 2756 307.00 2300 LIFE AND HEALTH INSURANCE 19004 21783 22838 22500 717.00 2400 WORKER'S COMPENSATION 845 930 930 977 47.00 TOTAL PERSONNEL COSTS: 51442 54424 55786 55495 1,071.00 SUPPLIES AND OTHER SERVICES: 3400 OTHER CONTRACT SERVICE 24924 30000 27000 30000 - 4000 TRAVEL AND PER DIEM 10092 12000 12000 12000 - 4100 COMM. & FRIEGHT 49 100 100 200 100.00 4901 EDUCATION 85 500 0 500 - 4909 MISCELLANEOUS 353 1000 500 1000 - 5400 BOOKS, PUBLICATIONS, ETC 387 500 500 600 100.00 8100 SHARED SERVICES 8000 8000 8000 8000 - 8200 AID TO PRIVATE ORGANIZ. 1000 21000 21000 21000 - TOTAL SUPPLIES & OTHER SERVICES 44890 73100 69100 73300 200.00 TOTAL COST: 96332 127524 124886 128795 1,271.00 -12- 1-1 r� LINE ITEM DETAIL 2003104 2004 005 2004105 2005/06 2005106 ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENCE PERSONNEL COSTS: 1100 EXECUTIVE SALARIES 1200 REGULAR SALARIES 59317 25991 60756 26478 58883 26478 68320 28487 7,564 2,009 1510 2100 2200 LONGEVITY/SERVICE INCT. FICA RETIREMENT 0 6419 8020 0 6673 8060 0 6530 8365 0 7406 10552 - 733 2,492 2300 2400 LIFE & HEALTH INSURANCE WORKER'S COMP 9450 975 11560 1073 9238 1073 11560 1127 - 54 TOTAL PERSONNEL COST: 110172 114600 110567 127452 12,852 SUPPLIES AND OTHER SERVICES: - 4000 TRAVEL AND PER DIEM 2433 6000 2500 6000 - 4100 COMM. AND FREIGHT SERV. 3512 5200 3000 5200 - 4600 4609 R&M VEHICLES R&M EQUIP 0 613 400 1000 200 1391 400 1400 - 400 4901 4909 EDUCATION MISCELLANEOUS 755 698 1500 1500 500 500 1500 1000 - 500 5100 OFFICE SUPPLIES 587 1600 500 1600 - 5200 5201 OPERATING SUPPLY FUEL AND OIL 315 1247 1500 2000 500 700 1500 1500 - 500 5400 6400 BKS., PUBLICA., SUBSCR., M EQUIPMENT ($750. OR MORE 976 0 2000 2500 1437 1000 2000 0 - (2,500) TOTAL SUPPLIES & OTHER SERVICES:. 11136 25200 12228 22100 3,100 TOTAL COST: 121308 139800 122795 149552 9,752 -15- • 0 LINE ITEM DETAIL 2003/04 2004/05 2004/05 2005/06 2005/06 7/25/2005 ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENCE PERSONNEL COSTS: 1100 EXECUTIVE SALARIES REGULAR SALARIES OTHER SALARIES LONGEVITY/SERVICE INCT. FICA RETIREMENT LIFE AND HEALTH INSURANCE WORKER'S COMPENSATION 40,690 31,412 0 0 5,079 6,856 11,815 1,404 41,886 36,805 0 0 6,020 7,271 15,011 1,544 41,886 36,000 8,800 0 5,841 61475 14,793 1,544 45,065 27,651 13,229 0 6,575 7,926 15,011 1,806 3,179.00 -9,154.00 13,229.00 0.00 555.00 655.00 0.00 262.00 1200 1300 1510 2100 2200 2300 2400 TOTAL PERSONNEL COST: 97,256 108,537 115,339 117,263 8,726.00 SUPPLIES AND OTHER 3103 3400 4000 4100 4609 4900 4901 4909 5100 5400 6400 6401 SERVICES: MUNICIPAL CODE OTHER CONTRACTURAL SER TRAVEL AND PER DIEM COMMUNICATION AND FREIGH R&M -BLDG/EQUIP OTHER CURRENT CHARGES EDUCATION MISCELLANEOUS/ELECTIONS OFFICE SUPPLIES BKS., PUBLICA., SUBSCR., MEN EQUIPMENT $750. OR MORE MICRO FILM EQUIPMENT 2,415 0 541 2,704 1,514 11,556 285 811 2,127 2,261 1,612 6,365 3,500 7,500 2,500 2,500 2,500 10,600 2,000 5,700 2,500 2,500 1,500 2,000 1,000 0 500_ 2,380 515 8,000 1,000 3,722 2,000 3,000 0 0 3,500 7,500 2,700 2,500 2,500 10,600 2,000 5,700 2,500 2,500 1,500 2,000 0.00 0.00 200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUPPLIES AND OTHER SERVICES 32,191 45,300 22,117 45,500 200.00 TOTAL COST: 129,447 153,837 137,456 162,763 8,926.00 -20- i 0 r"!!�"LINE ITEM DETAIL 2003104 2004106 2004/05 2005/06 2005/06 ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENCE PERSONNEL COSTS: 1100 EXECUTIVE SALARIES 1200 REGULAR SALARIES 1510 LONGEVITY/SERV. 2100 FICA 2200 RETIREMENT 2300 LIFE AND HEALTH INSURANCE 2400 WORKER'S COMPENSATION 2500 UNEMPLOYMENT TAXES TOTAL PERSONNEL COST: SUPPLIES AND OTHER SERVICES: 3200 ACCOUNTING & AUDIT 3400 OTHER CONTRACTURAL SERV. 4000 TRAVEL AND PER DIEM 4100 COMMUNICATION AND FREIGHI 4609 R&M BLDG/EQUIP 4901 EDUCATION 4909 MISCELLANEOUS 5100 OFFICE SUPPLIES 5200 OPERATING SUPPLY 5400 BOOKS, PUB., MEMB. 6400 EQUIPMENT ($750. OR MORE) TOTAL SUPPLIES AND OTHER SERVICES: TOTAL COST: 31,144 55,191 0 6,592 32,282 55,399 0 6,708 32,000 50,000 0 6,273 34,732 56,9811 7,016 2,450 1,582 - 308 8,076 13,813 1,300 4,324 8,102 16,517 1,430 2,000 8,036 16,232 1,430 2,000 9,997 16,517 1,502 2,000 1,895 - 72 - 120,440 122,438 115,971 128,745 6,307 19,625 721 641 3,980 8,167 30,000 500 1,500 4,500 15,031 30,000 500 1,500 3,930 12,000 30,000 500 1,500 4,700 15,500 _ - - 200 469 693 365 1,313 7,827 201 7,500 900 400 4,500 7,000 270 0 800 350 3,000 7,000 300 0 900 450 4,500 8,000 400 1,100 - 50 - 1,000 130 1,100 51,033 64,601 59,380 67,550 2,949 171,473 187,039 175,351 196,295 9,256 -24- LINE ITEM DETAIL 2003/04 2004/05 2004105 2005/06 2005/06 ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENCE 2300 HEALTH INSURANCE 4003 5300 5256 5300 - 3100 PROFESSIONAL SERVICES 33835 40000 23544 40000 - 3300 LEGAL COST 59080 35000 3000 30000 5,000 4000 TRAVEL AND PER DIEM 705 500 600 700 200 4100 COMMUNICATIONS AND FREIGHT 1079 1500 1709 1800 300 4609 R & M EQUIPMENT 0 256 200 250 6 4901 EDUCATION 5891 1000 800 1000 - 5100 OFFICE SUPPLY 168 400 200 400 - 5400 MEMBERSHIP AND SUBSCRIPTION 77 200 900 1000 800 TOTAL SUPPLIES & OTHER SERVICES: 95533 84156 30953 80450 3,706 -28- "LINEEM DETAIL 2003104 2004105 2004/05 2005106 2005/06 ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENCE PERSONNELCOSTS: REGULAR SALARIES OTHER SALARIES LONGEVITY/SERVICE FICA RETIREMENT LIFE AND HEALTH INSURANCE WORKER'S COMPENSATION 35,086 0 0 2,674 3,228 6,700 4,000 37,196 0 0 2,845 3,437 8,183 4,400 25,840 9,490 0 2,703 2,532 5,386 4,400 28,488 13,250 0 2,990 3,105 8,183 5,148 8,708.00) 13,250.00 - 145.00 332.00 - 748.00 1200 1300 1510 2100 2200 2300 2400 TOTAL PERSONNEL COST: 51,688 56,061 50,351 61,164 5,103.00 SUPPLIES AND OTHER 3100 SERVICES: PROFESSIONAL SERVICES OTHER CONTRACT URAL SERV. TRAVEL AND PER DIEM COMMUNICATION AND FREIGHT UTILITIES RENTALS/LEASES INSURANCE REPAIR/MAINT- VEHICLES REPAIR/MAINT-BLDG & EQUIP PRINTING EDUCATION MISCELLANEOUS OFFICE SUPPLIES OPERATING SUPPLIES FUEUOIL BOOKS, PUBLICA.,MEMBERSHIPS EQUIPMENT ($750. OR MORE) 85,387 116,960 2,405 6,831 1,326 616 38,652 68 13,185 441 683 504 889 1,513 15,746 256 0 71,000 103,000 4,500 15,000 12,000 31300 40,700 300 20,590 1,200 1,500 1,000 2,700 3,100 400 400 1,000 148,420 75,000 2,680 8,000 7,000 1,000 40,700 0 20,000 200 500 800 1,500 500 100 150 0 148,500 117,500 4,500 15,000 12,000 3,300 42,735 300 84,590 1,200 1,500 1,000 2,700 3,100 400 400 1,000 77,500.00 14,500.00 - - - - 2,035.00 - 64,000.00 - - - - - - - - 3400 4000 4100 4300 4400 4500 4600 4609 4700 4901 4909 5100 5200 5201 5400 6400 SUB TOTAL SUPPLIES AND OTHER SERVICES: 291,522 281,690 306,550 439,725 158,035.00 TOTAL COST: 343,210 337,751 356,901 500,889 163,138.00 -30- 519-4609 PROPOSED PROJECTS INCLUDED ABOVE HANDICAP STORAGE BUILDING PA SYSTEM COUNCIL CHAMBERS CITY HALL VIDEO CAMERA SYSTEM WINDOW FILM TOTAL FOR PROJECTS 20000 000 39000 1000 4000 64000 TOTAL SUPPLIES AND OTHER SERVICES: 500,869 NINE LINE ITEM DETAIL 7121 /2005 2003/04 2004/05 2004/05 2005106 2005106 ACTUAL BUDGET ESTMATED PROPOSED DIFFERENCE EXECUTIVE SALARY REGULAR SALARIES HOLIDAY PAY OFFICERS HOLIDAY PAY OTHER SALARIES OVERTIME PAY OFFICERS OVERTIME PAY AUXILIARY PAY LONGEVITY/SERVICE OFFICERS LONGEVITY/SERVICE INCENTIVE CAREER EDUCATION FICA RETIREMENT LIFE AND HEALTH INSURANCE WORKER'S COMPENSATION 49795 660510 194 14645 5672 1852 62783 1000 0 0 376 10375 64124 211812 127038 25916 51351 669612 567 16723 10378 2045 41411 1200 0 0 1000 12000 61589 200000 164533 28508 51351 643390 200 15855 5442 800 20220 1200 250 0 0 10675 57202 190666 160585 28508 56077 720435 601 17992 10378 2168 43896 1200 0 750 0 12000 66164 217852 164533 33354 4,726.00 50,823.00 34.00 1,269.00 - 123.00 2,485.00 - - 750.00 1,000.00 - 4,575.00 17,852.00 - 4,846.00 PERSONNEL COSTS: 1100 1200 1201 1202 1300 1400 1403 1501 1510 1520 1530 1540 2100 2200 2300 2400 TOTAL PERSONNEL COST: 1236092 1260917 1186344 1347400 86,483.00 SUPPLIES AND OTHER 3100 SERVICES: PROFESSIONAL SERVICE TRAVEL AND PER DIEM COMMUNICATION AND FREIGHT UTILITIES RENTALS/LEASES INSURANCE REPAIR/MAINT-VEHICLES REPAIR/MAINT-BLDG & EQUIP. PRINTING EDUCATION -RESTRICTED EDUCATION -NON RESTRICTED MISCELLANEOUS OFFICE SUPPLIES DETECTIVE SUPPLIES INVESTIGATION FEES OPERATING SUPPLIES FUEUOIL TIRES UNIFORMS/PATCHES BOOKS, PUBLICA., MEMBERSHIP EQUIPMENT $750. OR MORE) PUBLIC SERVICE GRANT 10537 2448 16572 9244 5407 43652 2417 8783 840 1272 3081 1160 4215 3307 0 7418 32272 3043 9257 1193 5675 11126 12925 8200 14500 12000 5500 46200 8110 9700 2500 4516 6500 1500 5000 3500 2500 13850 45750 3500 10275 1500 10825 0 10725 3000 16861 10000 5000 46200 5000 8220 1000 400 5829 900 4391 1222 200 10000 40000 3703 10335 1150 10825 9000 16051 8200 15266 12000 6576 54054 8110 9700 2500 6316 6500 1500 5000 3500 2500 13850 52000 3750 10275 1500 10825 0 3,126.00 - 766.00 - 1,076.00 7,854.00 - - - 1,800.00 - - - - - - 6,250.00 250.00 - - - - 4000 4100 4300 4400 4500 4600 4609 4700 4901 4902 4909 5100 5101 5102 5200 5201 5202 5203 5400 6400 8300 TOTAL SUPPLIES AND OTHER SERVICES: 182919 228851 203961 249973 21,122.00 TOTAL COST: 14,901, - 1489768 1390305 - 1597373 - 107,605.00 E�Ej I- -34- • • LINE ITEM DETAIL 2003/04 2004105 2004105 2005106 2005106 ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENC PERSONNEL COST: 1100 EXECUTIVE SALARY 67337 47937 45317 51575 3638 1200 REGULAR SALARIES 473927 477025 463781 494479 17454 1201 HOLIDAY PAY 13845 19512 14425 20993 1481 1202 BATTALION CHIEF/TRANSFER F 1754 3000 0 3000 1300 OTHER SALARIES 11300 12074 9612 12798 724 1400 OVERTIME PAY 29030 21587 23121 23226 1639 1401 OVERTIME PAY/ANNUAL & SIC 22357 27794 23357 29904 2110 1501 VOLUNTEER PAY 6397 10000 5460 10000 0 1510 LONGEVITY/SERVICE 750 0 0 250 250 1540 CAREER EDUCATION 1200 1200 900 600 -600 2100 FICA 46148 46675 44409 50149 3474 2200 RETIREMENT 45337 52052 45147 82390 30338 2300 LIFE AND HEALTH INSURANCE 64374 79533 76610 79533 0 2400 WORKER'S COMPENSATION 26460 29106 29106 34054 4948 TOTAL PERSONNEL COST: 810216 827495 781245 892951 65456 SUPPLIES AND OTHER SERVICES: 3100 PROFESSIONAL SERVICES 1084 2000 876 2000 0 3102 PROF. SERV. PHYS. FOR SCBA 1140 3000 2000 4000 1000 3103 WELLNESS PROGRAM 3500 4100 3600 4100 0 4000 TRAVEL AND PER DIEM 6997 6500 5562 6500 0 4100 COMMUNICATION AND FREIGH 7212 6800 4564 6800 0 4300 UTILITIES 9052 15500 8423 15500 0 4400 RENTALS/LEASES 1142 6000 1500 6000 0 4500 INSURANCE 22652 23100 23100 27027 3927 4600 REPAIR/MAINT-VEHICLES 7545 10000 13000 12000 2000 4609 REPAIR/MAINT.-BLDG. AND EQt 8281 8000 11597 11000 3000 4700 PRINTING 326 500 300 500 0 4901 EDUCATION 9219 15000 8657 15000 0 4902 PUB EDUCA. & FIRE PREVT. 1208 1500 100 1500 0 4903 CODE ENFORCEMENT 5928 15000 10000 15000 0 4909 MISCELLANEOUS 500 500 850 750 250 5100 OFFICE SUPPLIES 918 1500 1000 1500 0 5200 OPERATING SUPPLIES 6030 7000 6000 7000 0 5201 FUEL/OIL 6050 10000 7000 10000 0 5202 TIRES 991 2000 0 2000 0 5203 UNIFORMS/PATCHES 4223 5000 5000 7500 2500 5400 BOOKS, PUBLICA., MEMBERSHI 3451 3500 2432 3500 0 6400 EQUIPMENT $750. OR MORE 28503 25000 25000 27000 2000 7100 PRINCIPALREFURB.FIRE TRK 62553 52997 52954 28543 -24454 7200 INTEREST/REFURB FIRE TRK 7346 4073 4100 1356 -2717 TOTAL SUPPLIES AND OTHER SERVICES: 205851 228570 197615 216076 -12494 TOTAL COST: 1016067 1056065 978860 1109027 52961.76 -39- • �J OTHER FUND TYPES Pacieiof7 2003/04 2004105 2004/05 200512006 ACTUAL BUDGET ESTIMATE PROPOSED FUND BALANCE, OCTOBER 1 $ 11,028 $ 36,621 $36,621 $ - 312.4100 361.1000 311.1100 LOCAL OPTIONAL GAS TAX K EREST EARNINGS DEBT SERV. AD VALOREM $ 224,731 $ 227 $ - $ 224,731 $ 300 $ $ 87,299 $ 50 -$ - $ - $ - $ - TOTAL REVENUES $ 224,958 $ 225,031 $ 87,349 $ - TOTAL REVENUES & FUND BALANCE $235,986 $261,652 $123,970 $ - EXPENDITURES- 7100 PRINCIPAL $ 186,845 $ 186,843 $ 97,325 $ - 7200 INTEREST $ 1 520 $ 12,522 $ 2,494 $ - 7300 OTHER DEBT COST $ - $ - $ - $ TOTAL EXPENSES $ 199.365 $ 199,365 $ 99,819 $ - TRANSFER OUT $ 24 151 FUND BALANCE SEPTEMBER 30 $36 621 $ 62.287 $0 $ - Note: Account has been zeroed out as of Dec 2004 Originally issued in the 1980's for Public Works infrastructure improvements • C� J Pg2of7 2003104 2004/05 2004/05 2005/2006 REVENUES FUND BALANCE, OCTOBER 1 $ ACTUAL 645,412 $ BUDGET 507,812 ESTIMATE $5071812 $ PROPOSED 407,593 3124100 3124200 3351220 3354100 3611000 3691000 LOCAL OPTIONAL GAS TAX LOCAL ALTER.FUEL USER FEE SRS EIGHT CENT MOTOR FUEL MOTOR FUEL TAX REBATE INTEREST EARNINGS MICELLANEOUS $ $ $ $ $ $ 236,983 _ 93,374 2,346 6,641 _ $ $ $ $ $ $ 207,445 _ 75,272 1,500 15,000 _ $ $ $ $ $ $ 362,430 _ 61,859 2,077 11,050 $ $ $ $ $ $ 467,621 65,272 1,500 10,000 REVENUE TOTAL $ 339,344 $ 299,217 $ 437.416 $ 544,393 REVENUE & FUND BALANCE $ 984,756 $ 807,029 $ 946,228 $ 951,986 EXPENDITURES TRANSFER -OUT GENERAL FUND $ 316,944 $ 160.000 $ 387,000 $ 160,000 $ 377,635 $ 160,000 $ $ 438,000 TOTAL EXPENDITURES $476,944 $5471000 $537,635 $ 438,000 FUND BALANCE SEPTEMBER 30 $ 507,812 $ 260,029 $ 407,593 $ 513,986 EXPENDITURE DETAIL: 3100 PROFESSIONAL SERVICE 6300 6302 6400 9100 IMPROVEMENTS BEAUTIFI./OTHER PROJ. EQUIPMENT TRANSFER -OUT TO GEN FD 150,915 3,529 2,500 160.000 200,000 15,000 12,000 160,000 200,000 10,635 7,000 160,000 360,000 15,000 55,000 - 160,000 43,000 (160,000) TOTAL SUPPLIES AND OTHER SERVICES: 316,944 387,000 377,635 430,000 43,000 Note: $160,000 not being transferred, therefore street imporvements have been increased #6400 - Dump truck ($55,000) to $360,000 i ACCOUNT NUMBER FUND BALANCE OCTOBER 1 REVENUES MISCELLANEOUS P3INTEREST TRANSFER -IN GENERAL FUND VENUES TOTAL REVENUES & FUND BALANCE EXPENDITURES 3100 PROFESSIONAL SERVICES 6300 IMPROVEMENTS 6400 EQUIPMENT TOTAL EXPENDITURES FUND BALANCE SEPTEMBER 30 Note: Fire Dept Renovation • • 77 Pg 5of7 E ACTUAL $431 64C $405152 75 784 $91 576 $ 604 $411 053 18 918 $91 576 2004M05 BUDGET $456 000 $410 000 8 262 $944 262 $867 922 $20 340 20 000 $944 262 2W=005 ESTIMATE $ 592 $414 935 75 784 $946 311 $857,811 $50 850 37 650 $946.311 200512OW PROPOSED $467 592 $433 4� 000 $986 014 $889 514 $38 500 500 $986 014 200412005 DIFFERENCE� $11 592 $23 422 738 $41752 $21 592 $1 660 $18 500 $41 752 BEGINNING FUND BALANCE 104 REVENUES 383.00D0 CAPITAL LEASE PROCEEDS 364.1000 DISPOSfTION OF FIXED ASSETS 381.0000 TRANSFER -IN GENERAL FUND TOTAL REVENUES AND OTHER FUNDING SOURCE EXPENDITURES 6400 VECHILE AND EQUIPMENT PURCHASE 7100 PRINCIPAL 7200 INTEREST TOTAL EXPENDITURES $0 $o $o ao $o ENDING FUND BAL.ANC€ 930 VEHICLES # 6400 PURCHASE 24 VEHICLES O4-05 NEW EQUIPMENT ON VEHICLES Nohas: 462760 315W 359211 853471 455582 39885 857811 467592 45000 889514 PAYOFF VEHICLES TOTAL Three year imoriZa n PUBLIC WORKS 12 LINE ITEM DETAIL -- - - - 2003/04 2004/05 2004/05 2005106 2005106 -- ACTUAL BUDGET ESTIMATE PROPOSED DIFFERENCE 1100 EXECUTIVE SALARY 94968 97278 97278 103917 6639 1200 REGULAR SALARIES 197400 203695 203695 219155 1560 1400 OVERTIME PAY 13640 2590 1000 2787 197 197 1510 LONGEVITY/SERVICE 0 0 0 500 500 2100 22150 23226 23101 24928 1702 _FICA 2200 RETIREMENT 26791 27200 25400 8015 2300 LIFE AND HEALTH INSURANCE 44580 53318 52713 53315 0 _ 2400 WORKER'S COMPENSATION 27000 29700 29700 34749 34749 5049 TTAL PERSONNEL COSTS: O 380035 437007 432887 474569 37562 SUPPLIES AND OTHER SERVICES: 0 3100 PROFESSIONAL SERVICES 0 1500 0 1500 3400 OTHER CONTRACTORAL SERVICI 48633 45000 45000 45000 0 3401 GARBAGE COLLECTION FEE 204650 228600 238967 234000 5400 4000 TRAVEL AND PER DIEM 418 3000 800 2500 -500 _ 410_0_ COMMUNICATION AND FREIGHT 3997 4000 6283 6500 2500 _ 4300 UTILITIES 73335 82000 76029 82000 0 _ 4500 INSURANCE 27002 30000 30000 35100 5100 _ 4600 REPAIR/MAINT-VEHICLES 993 4000 3331 8000 4000 4609 REPAIR/MAINT-BLDG. & EQUIP. 13990 11500 11000 11500 0 _ 4901 EDUCATION 471 1000 500 1000 0 4909 MISCELLANEOUS 584 2000 500 1500 -500 _ 5100 OFFICE SUPPLIES 49 400 400 500 100 5200_ OPERATING SUPPLIES 1153 7000 2000 7000 0 5201 FUEL/OIL 14512 14000 12022 14000 0 5202 TIRES 957 1500 1000 2000 500 5203 UNIFORMS 3028 3300 2438 3300 0 _ 5204 DUMPING FEES 1650 3000 1500 3000 0 52_0_5 MESQUITO SPRAYING 0 5000 2500 4000 -1000 _ 5300 ROAD MATERIALS/SUPPLIES 14586 25000 15000 25000 0 5400 BOOKS, PUBLICA., MEMBERSHIP 136 500 500 500 0 6300 IMPROVEMENTS 5861 3000 1000 3000 0 _ 6400 EQUIPMENT $750. OR MORE) 8380 0 0 0 0 - 0 TOTAL SUPPLIES AND OTHER SERVICES: 424385 475300 450770 490900 15600 --- 0 TOTAL COSTS: 804420 912307 883657 965469 53162 ----- --- - -43- Exit[B[T 1 *ORDINANCE NO. 913 SEPr 20, 2005 FINAL BUDGET HEARING AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 7.1899 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7A899 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 13.11 PERCENT MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING AN EFFECTIVE DATE. 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: The City Council of the City of Okeechobee, Florida hereby levies a tax of 7.1899 per thousand dollar valuation on all real and personal property within the corporate limits of said City, provided however, that 7.1899 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead on the general laws of the State of Florida. Section 2: That as designated in Section 1, hereof, 7.1899 per thousand dollar valuation shall be used for general City purposes in carrying on and conducting the government of said City. Section 3: The millage rate adopted is 13.11 % over the roll -back rate as computed in accordance with Florida Statutes Section 200.065 (1). Section 4: That this ordinance was proposed, considered and adopted under the provisions of Florida Statues Chapter 166 and Section 200.065. Section 5: This ordinance shall take effect October 1, 2005. INTRODUCED for first reading and public hearing on the 7T" day of September, 2005. DOWLING R. WATFORD, JR., MAYOR PRO-TEM ATTEST. - LANE GAMIOTEA, CITY CLERK ADOPTED after second reading and second public hearing on the 201h day of September, 2005. DOWLING R. WATFORD, JR., MAYOR PRO-TEM ATTEST: LANE GAMIOTEA, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechgbee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 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 I( ,005 CONSIDEF A CI scheduled to 11%1F AOOPflNG y IN ANCE ;ourd of the, Ctly of Okeechobee, Florida HEARING on Tuesday, SeOkeeber.20,:2 City Hall, 55 SE 3rd Ave., chobee, R ;ONinance into law: NO.913: AN 01 CE WNICH RATE IS SET ON ALL REAL ING THAT;7.1899;PER THOUSAND DOL D ON HOMESTEAD. PFNIPEHTY; THI1T 7.1 ITIOWSHALL BE USED FOR GENER4 I .:RATE ISd3.11..FERCENT MORE THAT N'ACCORDANCE WITH FLORIDA STAT CTIVE DATE. raged to attaid and participate in said 'h as rspe* in its entirety by members of the k during regular -business hours, Mon TSED that if any person desires to appeal whichi record includes the tesMiony and evidence upon which the appeal is to based: City Clerk tapes are far the sale purpose of backup for official records the Clerk. In accordance with the Americans with Oisabigy Act.(ADA) and Florida Statu 286.26, persons wflh disabNBes needing specW accommodation to panccipab this proceeding should contact Lane.Ganrotea no later than two (2) worlung d; pna to the proceeding at 863-763-3372 z215; 8 hearing or voice impahed, i TD01-800-212-3448(voice)or1-888-447-5620(T M. Lane Gaidotea, CMC, CITY CLERK 83664ON 9/11/2D05 Afftant 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. S�'tosubsc d before me this ` r day of —, A.D. 20y S t Kamen k. B. Notary Public, State of Florida at Large _ �� ...' = Commission #DD272118 .. Expires: Jan 17, 2008 �'9'� 6- Bo,id_-d Thru • • EXHIBIT 2 ORDINANCE NO. 914 sEPr 20, 2005 FinAL BumET flmmi IG AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $10,163,485.00 AND EXPENDITURES OF $4,978,613.00, LEAVING A FUND BALANCE OF $5,184,872.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $951,986.00 AND EXPENDITURES OF $430,000.00, LEAVING A FUND BALANCE OF $521,986.00; CAPITAL PROJECTS - VEHICLES REVENUES OF $986,014.00 AND EXPENDITURES OF $986,014.00, LEAVING A FUND BALANCE OF $-0-; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $6,434.00 AND EXPENDITURES OF $6,434.00, LEAVING A FUND BALANCE OF $-0-; INDUSTRIAL DEVELOPMENT FUND/ECONOMIC DEVEOPMENT FUND REVENUES OF $600,000.00 AND EXPENDITURES OF $600,000.00; LEAVING A FUND BALANCE OF $-0-; CDBG BLOCK GRANT FUND REVENUES OF $128,119.00 AND EXPENDITURES OF $128,119.00 LEAVING A FUND BALANCE OF $-0-; PROVIDING AN EFFECTIVE DATE. 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: The City Council of the City of Okeechobee, Florida, after having held a public hearing on the amended annual budget, including General Fund, Public Facilities Improvement Fund, Capital Project - Vehicles Fund, Law Enforcement Special Fund, Industrial Development/ Economic Development Fund and Community Development Block Grant Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the fiscal year beginning October 1, 2005 and ending September 30, 2006. GENERAL FUND Revenues Fund Balance $4,880,237.00 Ad Valorem Taxes - 7.1899 Millage 1,991,978.00 Other Taxes (Ins. Prem.Tax, Utility Taxes, Franchise Fees & Occ. Lic. Fee) 1,210,412.00 Intergovernmental Revenue 1,268,282.00 Charges for Current Services 440 800.00 Fines, Forfeitures and Penalties 26,782.00 Uses of Money and Property 60,600.00 Other Revenues 32,028.00 Transfer -in from CDBG Grant Fund 252,366.00 Total Revenues $10,163,485.00 Expenditures Legislative $ 128,795.00 Executive 149,552.00 City Clerk 162,763.00 Financial Services 196,295.00 Legal Counsel 80,450.00 General Governmental Services 500,889.00 Law Enforcement 1, 597, 373.00 Fire Protection 1,109,027.00 Road and Street Facilities 968,469.00 Operating Transfer -Out to Capital Projects -Vehicles 85,000.00 Total Expenditures $4.978.613.00 Page 1 of 3 FUND BALANCE • $6,184,872.00 PUBLIC FACILITIES IMPROVEMENT FUND Revenues Fund Balance Revenues Total Revenues Expenditures Total Expenditures FUND BALANCE CAPITAL IMPROVEMENT PROJECTS -VEHICLES Revenues Fund Balance Revenues Transfer -In General Fund Total Revenues Expenditures Total Expenditures FUND BALANCE LAW ENFORCEMENT SPECIAL FUND Revenues Fund Balance Revenues Total Revenues Expenditures Total Expenditures FUND BALANCE $407, 593.00 544, 393.00 $951,986.00 $430.000.00 $521,986.00 $ -0- 901,014.00 85, 000.00 $986,014.00 $986,014.00 $ -0- $6,409.00 25.00 $6,434.00 $6,434.00 $ -0- INDUSTRIAL DEVELOPMENT/ECONOMIC DEVELOPMENT FUND Revenues Fund Balance $ -0- Revenues 600, 000.00 Total Revenues $600,000.00 Expenditures Total Expenditures $600,000.00 FUND BALANCE $ -0- CDBG BLOCK GRANT FUND Revenues Fund Balance $ 122, 592.00 Revenues 5,527.00 Total Revenues $128,119.00 Expenditures Total Expenditures $128,119.00 FUND BALANCE $ -0- Page 2 of 3 Section 2: That t• ro ordinance was osed • p p co nsidered and adopted under the provisions of Chapter 166 and 200.065 Florida Statues. Section 3: This ordinance shall be effective October 1, 2004. INTRODUCED for first reading and public hearing on the Vh day of September, 2006. ATTEST: DOWLING R. WATFORD, JR., MAYOR PRO-TEM LANE GAMIOTEA, CITY CLERK ADOPTED after second reading and second public hearing on the 20"' day of September, 2005. ATTEST: DOWLING R. WATFORD, JR., MAYOR PRO-TEM LANE GAMIOTEA, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY Page 3 of 3 • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 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 r�Lyy Affiant further says that the said Okeechobee News is PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the (titer Council of $ie Cily of Okeechobee, Florida will conduct a RNAL BUDGET PUB C HEARING rip,Tuesday, September 20, 2005 scheduled to begin at 5:01 P.M., at CAy Hat, 55 $E 3rd Ave., Okeechobee, FL to consider 9nal readingg of the tdlowirrgg ONiriance Mo law: NO.914. AN ORDI- NANCE ADOPIING.AN ANNUAL BUDGET;FOR 3NE CITY OF OKEECNO111% FLDIUDA FOR THE FISCAL YEAR BEGINNINOOCTOBERI, 2005 AND ENDING SEPTEMBER 30, 2000; MICH BUDGET SET$ FORTH 6ERERIIL FUND REVE- NUES`OF,S101GT,485.00 AND EKPENDIi11RES OF S1,9T8;813.00, LEAVING A FUND BALAN�E OF,=S,1B{AT200; PUBLIC FACIFITIES IMPR I DENT FUND REVENUES OE 5961,986.00 AND EXPENDITUREB OF.5430;000.00, LEAVING A FUND BALANCE OF $521,996.00;CAPITAL PROJECTB•YEHICLES REVENUES OF $986,014.00 AND EKPENWTURES OF $086,014.00, LEAVING A FUND BAL- ANCE OF $-0-; LAWENFORCEMENT SPECIAL FUNDTMENUES OF $6,434.00 AND EIMOITURES OF $5434.00 LEAWNG'A"FUND. BALANCE OF $4; IN- DUSTRIa DEVELOPMENTiUII �ONDBKC DEVELOPMENT FUND REVENUES OF $600,000.00 AND' EXPENDITURES OF;,OW,M.00; LEAVE A FUND BAL- 'AWE,OF.,S-O-;,CNM _BLOCKNR_GRFUND REVENUES OF $128;119.00 AND EXPENDITURES OFS129119.00 LEAVING A FUNOMLANCE OF $ ; PRO- VIDING AN EFFECTIVE DATE All members of thWe ppuubblic are encouraged to attend and participate in said hearing. The proposed Orderance may inspec0ed in Its errtlrety by members of the pub lie in the Office of the'City Clerk during regular business hours, Mon -Fri, Sam-4:30pm exc�tfarholklays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires, to appeal any decisno made by the City Council vft respect to any,ma0er considered at this hearing, such' irdereswd person MR need a record of the proceedings, and.fgr such purpose may need'to ensure a verbatim recad of the proceedings is made, which record Includes the testimony and evidence upon which the al is to be based. City Clerk tapes are for the sale purpose of backup for official records of In ac ordance.with the Americans with Dlsab fity Act (ADA) and Florida Statutes 286.26, persoris witln'disabiSdes needing special accommodation to participate in this proceeding'should contact Lane Gamiotea no later than two (2) working days pponoorr to the proceeci at 863-763 3372 215; K hearing or voice impaired, tali T O1-800.222-344r8g1voia:or1-888-447-5620(TTY). Lane Gamiotea, CMC, Cftt CL�RK 83700 ON W11/2005 a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been °5 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 Padertisement for publication in the said newspaper. Sworn �subsc d before me this day of A.D. 20 arm, R. Brovm Notary Public, State of Florida at Large (Grlitlassi0riIUD2721 18 ,;.Expires: Jan 17, 2008 • EXHIBIT 3 SEPTEMBER 7, 2005 ORDINANCE NO. 907 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 76) from the Believers Fellowship Church, for the closing of a certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council 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 One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: An alley running East to West, between Lots 1, 2, 3 and 10, 11, 12 within Block 179, OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10 of the public records of Okeechobee County, Florida; together with Section Two. In the event that the said property owner fails to obtain within twenty- four months hereof a certificate of occupancy for their future development, then said alley shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City reserves unto itself, successors or assigns, a utility or drainage easement along the alley, East to West between Lots 1, 2, 3 and 10, 11, 12 of said Block 179. Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Five. This ordinance shall be set for final public hearing the 20"' day of September. 2005, and shall take effect immediately upon its Page 1 of 2 adoption. INTRODUCED for first reading and set for final public hearing this 16t' day of August, 2005. ATTEST: Lane Gamiotea, CMC City Clerk Dowling R. Watford, Jr. Mayor Pro-Tem PASSED and ADOPTED on second and final public hearing this 20t' day of September, 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 Dowling R. Watford, Jr. Mayor Pro-Tem • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a PLEASE TAKE NO - conduct a PDBi lowinngg 3rd the 3rd s./ inal Hall, 55 SE Drdinance ilto l in the matter of r 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. sword to�nd sul4se>1tbed before me this 4 T'ti L/ day of the City of Okeechobee, Florida gptember 20, 2005 Immediately duffed to begin at 5:01 P.M., at nsider final read%nnpp of the folloi E CLOSING, VACATING AND AE :SCRIBED HEREIN, WITHIN GL RAT BOOR t, PAOE 10, PUE IIDA;.RESERVING AN EASEM ,21011- AND DIRECTING THE I AN EFFECTIVE DATE theppuub�l� attend n ei� enU* by members of the puand participate in said b- I Ondinance rruy be ? apecbd fice of the City Cleric during regular business hours, Mon -Fri, fohdldays NOTI E ANrD BE ADVISED tlat Marry person desires to appeal any le by 0ie •C0y C&M with respect to any matt considered at this h interested person will need a record of the proceedings, and for may need to ensure a verbat m record of the proceedings is made, includes the testimony and evidence upon nhiclr the w Derk tapes are for the sole purpose of backup foW­,i' with the Americans *' M Disability Act (ADA) and Florida Statutes ors with dsabift needng special aecornmodation to par8co* in ng should contact Lane Gatnlotea no late 00 two (2) working. days roceedi at 863 763 3372 )215; 0 hearing or voice Impaired, call uaaen_reon rrm . ON 9I9I05 I J7 J Y r t y �= rr 1 C— Jr L..0r, L'.7'l.L�J r7 -�---T. � z3 , Rarl�len R. Br®��l•1 Public, state of F1ori�a at Large _ *P Commission #DD272118 '.4 •ms: 1 • CITY OF OKEECH09EE STREET OR ALLEY CLOSING APPLICATION Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: )NL)a Rot, ( Print name: ��� I e u ors Fe- 10 W� h t p Print Name: The foregoing instrument was acknowledged before me this 0, Vt) -4MS by (d) and ,who is pens allll y known to me or (applicant) (co -applicant) who produced F-\M i �o. ; � �-�L� i 9entification and wh L NOTARY SEAL p�P B SUSAN M HENDERSHOT COMMISSIOMNUMNR "otary Public, CoWrM �+OIRES (si nature�\\ � �\ (Name of Notary typed, printed or stamped) J • } BeCievers FetCawshO Church 300 SW Sixth Avenue PO Box 653 Okeechobee, FL 34973 City of Okeechobee Building Department City Council The Board of Directors of Believers Fellowship, Inc. has authorized Linda D. Roy (secretary), to act and sign on our behalf in the matter of our Alley Closing Application, dated May 13, 2005. In His Service, Howard Busby, President Betty Tfihkefgay Vice President Rick V au , i rustee Vhil Jon rustee "The LORD is my strength and my shield,• my heart trusted in him, and I am helped: there- fore my heart greatly rejoiceth; and with my song will I praise him. " Psalm 28:7 pnl'i4.. n1. RAMGO FORM e II �115 Oult-Galm Bcfd, E•,,,..H.r 161. 22nddey e1 February A. D. Ili 78 .6y II .LESTER F. TANKERSLEY and BETH TANKERSLEY. his wife b •3 p v5f BELIEVERS FELLOWSHIP, INC., a non-profit Florida corporation S J jj �•6.,. r..r..11i....1.I:.., t, - - 300 S.W. 6th Ave., Okeechoben,"Fla. pwdyo e.., •yew ' x�.' a r.. .r.. w iUitacsscth, TI,., J., ..1 (inl p..1y. (.. ...I ; .,I,I,..li.n .f 16, .( a10.00 m 1..•.d p.id Ly .16 ,.id _­1 p••+y. 16, ,,,,ip1 e•6,,e1 1. 6,,,1-y den 6rr6y m.dw. ,r ...1 ,pat 'l.i....1. 16, ..id .,,..d pe.1y for-'. 16„1.6t sd,, Inf,m,l. ,I:l...d d.....d .4.6 ,.id fi.,1 "'t, 6.. i..,.d 1. 16. f•16.4" d,,.. W lot. pi.., .. ,o• 4.of I..d. ,lawn. ly1.0 .nd 6ins J 1a Ae. C...iy .1 Okeechobee 51.bn1 Florida 1 , 1­41: . :%:t .'' Lots 1. 2 and 3 of Block 179, OIiEECHOBEE. according to the plat + thereof recorded in Plat Book 2, page 17. public records of St. Lucie County. -Florida, a copy of said plat being also recorded -in Plat Book 1,-page 10. public records of Okeechobee County, Florida. Subject to reservations, restrictions and easements of record, if .. ti any. Subject to one certain first mortgage in favor of the First Federal Savings and Loan of Okeechobee. Fla., dated on or about September 13 -' 1976. and recorded in O.R: Book.188. page 891, of the public records I ? S i T 01: of Okeechobee Co-o Fla., in the original sum of $32.000.00 with an L unpaid balance of even date herewith in 'the sum of $31.143.48 which '+ the grantee herein assumes and agrees to pay.: FILM FOR C030 ' 0 KE ECHOSEE CO 4TY. I 115736 1978FEB 23 PM 3. 10 CLIF-BETTS. Jl. = QLERB 8F MtU11=1T To Eauc and to Bold 16, .•I16.11 .ml ,i.p.la 16..pp.........16....r. • l..r.n.in... arm„leinina .,d ell 16. „Ids. dp61, Illle. 1.fen.1, rl,l...4,dV e.d e6r,n w6.1- • -yidd ►i.,i r,.,ly. ,iIM. M I....., «I.iy. 1e J., -..y pwp,, ..,. 1„ 4n.,.d &heel .1 A. -a. ^y . e.d p.,le lerc,•.,. In 10ltncss 1011crfof, T6, ,dd fl,,, p.,ly 6., .In.••d •.d .,.Ld 16«. O,t•,e.1. 16 joy -a "7- t ..I. JI .v,ll,.. Sip.ed, ,rood and -Mi. r A. prc:,n,r el: i .............:. _..-Lill karsle � e...... Lester F. Ta Beth Tankersley is wife ai $TATE iyF FLORIDA, I� coczrY of OKEECHOBEE .I 1 HERERY CERTIFY du1 .. Thi. daft l.f- a., .. ofli d.:; . V-ind i..I.e E,a.r .1--W ...d 1. d. C1 T da.,.W N W..,h.s.4dFn.... F,.w..ar •mF d LESTER P. TANKERSLEY and BETH TANKERSLEY. hill wife j' w ..c Ip to e, .h, F.,w.sd.u,.b.a_ i...d .he .,.a..d d.. t...reinr I..r.wr« ..d 'they ••T^• A" i . h age .. "tN they ..e..,.d u....n.. N'ITX'ESS .n h..d ..d dii,id ..1 1. the Canny ,A M . I.. ,F-Id du 22--nnnd do .1 �j February A- D. MO . �jc�usZG4t�.LXYliF'(Xf�n�... NOTARY PAM STATI OF RORCA AT U►q ,I MTcw-s10NTAa60CT: S wo II ..- IOrID1DTywGIrsRAlnS.uraltwRlRls !i F i h d M Saul■ II Ihu lrWrunrrd {*''N^''1 ). A c ar p li A.IJ.rn Route 4. Box 223. Okeechobee, Fla. 33472. i.5; 211,•_5M Ij 'INDEIO:DRIFIED t DIRECT INDIRECT '•I 1 • P+dm oI-1— oawe n nil+: Warranty Deed This Indenture, Madc this 22ud day of JAMFs FANNIN and NORMA FANNIN,' his "Ve. BK0421 PAUI 119 390.424 ME0735:' Documentary Stamps raid -n the amount of Class C Intan'gfble la: p:.� ; :r.. ; r.rxint Shama Robertson. i;1:iM t G ova rt OkrechobeeCo nty, Fonda D.C. Dads: June , 1999 A.D.. Between ail a.e C—) nl OKEECHOBEE saw ar Florida , grant ors. ..a BELIEVERS FEUOWSHIP, INC.. a non-pmJit Florida Corporation, ..1d_ h: P. O. BOX 653, OKEECHOBEE, Florida 34973 nil dK C_-Y'd OKEECHOBEE s aw ar Florida . grantee. W itnL-Seth .ha .he GNAtd17)RS, fx ed m rnmYkn.Yx. or.he am al • _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TEN&NO1100(SIO.00)------------ ----•-ncnaARS. .dpad .d vdealde —WWmw a, URAKtURS 1n had pail by URAKI'll . me reeeha whe.nd a herthy aclnnwhdyd. b.,e Zrn d. hapin d sail a. die nd GRANTER nd GRANTEX'S ,.RStf.......d .stem h.reva. it. rnn-9 dea,it d bd. .m .w. I,iny .d he•.s m U. C.anay ail OKEECHOBEE Sale ar Florida a wh: 99JU1125 N. .:223 R03ERT50H. . CLLRA Ur CIRCUIT COURT Lots 1U, 11 and 12. Block 179, OKEECHOBEE, according to the plat thereo (recorded in Plat Book 2, Page 17, Public Records of Sr Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5, Public Re- cords of Okeechobee County, Florida. " Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. *THIS DEED IS BEING RE -RECORDED TO INCLUDE THE COUNTY AND STATE OF WHICH THE PLAT IS RECORDED. 327371 99SEP-3 1`114:13 ROBERTSON and iAe` Vats do hereby IWIy "Mat me mk to "W %W- and wat dete.d dw.ema 'Plod twldTitlll: fQlFyiitYi.0 W.S."tleZ T In Witness Whereor, as anon have be.a.l.da ON mail bads and awh ma day a.d r R.q. abnw wins.. t10MMA4NA ddirerc rr presence:rs"t) oil r.O.. Addlvsa yw swaRA.anaarncaRclJORea w. sw7a RSON NORMA FAN IN Witness as to Both P.O. Aamen aso sw sm Ave.we. UKERCHOeaa. Ft. 3M4 STATE OF Florida COUNTY OF OKEECHOBEE The tbrsaoY•a bwaa.rr wo edw-klSW beta.a o mil 22nd ail of June , .1999 sy JAMES FANMNand NORMA FANNIN, a b, a,. N,;,,dy `,a.. e.a w Nil bsee prodarad awtr Florida driver's cetr.Ta a wowittueoa. TbY taoawga A�perM an . - tad NA !VA-K.lAR Ell . ?•��sRorw..aslasa,ale. OL�6dc\4-4- 4L-? -3` (CSC s IAICZ' Authorized Signature Typed Name & Title Phone No. Date Signature Typed Name & Title Phone No. Date 8(3 - 767- 9 7J i 5-,-►- or Authorized Signature Typed Name & itle Phone No. -Date 4,. &"jv= ula 1 T o •( C g..c,R d m ws7 - & /Zcj� aA'! 7 - RVE - c wac i 51- 00`7401& �'icLo w e -Il- -v C[.ar---� . Qu i✓e O AsGmawT *P- -)A4-e Li✓c i}n!a c+}aecH M• �e is i s k 11 Authorized Signature . Typed .Name & Title Phone No. Date Rnr,nirad Oniv Fnr City cif Okeechobee & First Addition to City of Okeechobee Subdivisions: _nqZ 14 ".t; C C %2asS % ryj} A -t vz- r ^i /.J i4zA.A rr' J(C.�°�/scar � L°o 7e•.•frc J-, �3 W3 3Iy'1 Authorized Sigilature y Typed Name & Title Phone No. Date I -� Sprint From: Steve Harmatuck Phone 407/889-6817 P.O. Box 165000 Fax 407/889-1636 Altamonte Springs, FL 32716-5000 May 26, 2005 Ms. Linda Roy Believers Fellowship Church PO Box 653 Okeechobee, F134973 RE: Vacation of Alleyway between Lots 1,2 &3 and Lots 10,11 &12, Block 179 Okeechobee, Florida Dear Ms. Roy: Sprint -Florida, Incorporated has reviewed your documents for the above referenced road vacation. Based on the review, we have no objection to the vacation of the above referenced property. If I can be of fiuther assistance, please contact meat 407-889-6817. Sincerely, i Steve Harmatuck Real Estate 0 • APPLICAI Page 3 Authorized Signature Date Public Works Duect / Dxme tdbertsm Typed Name & Title A orized Signature Date city Mrom/ Cyr = Ikz Typed Name & Title Major Bob Fttersm Typed Name & Title pim anef / IRxb anth Typed Name & Title Pdidnistrator /Brim W telalt Typed Name & Title APPLICATION APPROVED BY: 13 LANE GA ITOEA, CITY CLERK D�TE Revised 413103-LG • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: July 13, 2005 Re: Alley - Closing application from Believers Fellowship Church 0�flt The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on SW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future development of the area is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. J A 11 9r, 8�1- 68 -5 4 32 1 6 5 4- 3 [I I I I I 819 2b l LL.AdAl I r M!MT -1 11[-� 11111+-18 7 65 5 4 3 2 1 5 4 •3, �2 I 6 4 11 il 611 1 1920.21 6 7 al9-.161114 7'8 910.11 2ND-%. ST (70 t 6- 5" 2.11 6- �5.4 ...,11 2 7. &. sw 1 .6 1 16 65 ,432 3 2 1 Lj 11 CP 2 6 5 4 3 2 A 3 Z 1, 14 15 IC 1:11 r- 7 '8' 91. 111-2 17 4 20 191 :5 7 0 5 4T.3 2 1 4" HZ 6 22 K 1112 7 8 9 1 111 7 S 0 ic 111,; V 1 3 2 MA m 17J EXHIBIT 4 SEPI'EMBER 7, 2005 ORDINANCE NO. 908 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 77) from Ronnie and Ellain Lawrence, property owners, for the closing of a portion of certain alleyway as described in this ordinance to utilize the entire property forfuture development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council 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 One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: An alley running North to South, between Lots 4, 5, 6 and 10, 11, 12 within Block 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 20"' day of September. 2005, and shall take effect immediately upon its adoption. Page 1 of 2 • C INTRODUCED for first reading and set for final public hearing this 16'h day of August, 2005. Dowling R. Watford, Jr. Mayor Pro-Tem ATTEST: Lane Gamiotea, CMC City Clerk PASSED and ADOPTED on second and final public hearing this 20"' day of September, 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 Dowling R. Watford, Jr. Mayor Pro-Tem 11 u The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adveftise- ment, being a in the matter of PUBLICIIC CONSIDERATIONti A CITY ORDI' .EASE TAKE NOTICE that the City Council conduct a PUBLIC HEARING on Tuesday, lowingg the Final Budget Public Hearing sr Hall, 55 SE 3rd Ave., Okeechobee, FL. to Ordinance Into law: NO.908: AN OHOINA the City of Okeechobee, Florida eptember 20, 2005 immediately duled to beain at 5:01 P.M.. at OKEECHOBEE . licinthe Ufficemotthe C Clark during regular business hours, Mon-Frr, r 8am-4VOMIT 3 m, except for hall ays. r PLEASE Tim NOTICE AND BE ADVISED that t any person desires to appeal arty' decision made by the City Council with respect to airy matter considered at this hearing; such interested person will need a record oftheproceedings, and for such purpose may need to ensure a verbatim recotd: of.the proceedings is made, whirh re du- t „ a d, e^ Bence tiaon which the anneal is to be l, b :e of z•' -.ds nf- r in the 19th Judicial District of the Circuit Court of Okeechobee In accorean .e •;jah the An e u,subility Act (ADA) ano rm w 6tatutes County, Florida, was published in said newspaper in the issues 286.26, persons with disabilities needing special accommodation to participate in this sp proceeding should contact Lane Gamiolea no later than two (2) working.days of TDD 1 8110 to the 21r2 3448 (voice or 1 888447h-56T0 (TTY).If � or voice impaired, call Lane Gamiotea, CMC, CITY CLERK " 5 83135 ON 9/9/05 i 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, firth or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. T� before me this Brown Notary Public, State of Florida at Large => \ ° (`nInn;Tissi0n 4DD272118 +sires: Jan 17, 2008 v-; Doncicd Thru "AttiLnzic °io n%ing Co.. Inc. CITY 0910KEECHOBEE STREET OR ALLEY CLOSING APPLICATION Note: if property is in two names by the word "and" both signatures are requires (Tor examp,a. .,u„ arm Jane Doe). SIG TORE OF AP (CANT: Prin name:,(�o,✓w/i� �•eJ+aE,✓cE SIGNATURE OF CO -APPLICANT: Print Na .,E/j iK 4��,'e�vc-e The foregoing instrument was acknowledged before me this a l.' uC)b � �^ by (date) 6�=---u Rolm L -L,0 C-t w-- and EtCCL�� 2A- v-t who is personally known to me or (applicant) (co -applicant) who produced Lveco as identification and who did (did not) take oath. MARLENE M. NaatyPubtic, D (:; G�+ lt-i1—�-C Notary Public, Commission W Comm. expires Nov. (signature) Comm. No. DD �, p (Name of Notary typed, printed or stamped) .�.A..�.•W.,,�.. �_ �. ----- -_-- . Grantee #1 'FIN: Warr ant ' Deed Tllis hulenturc, Mmle this 24111 day t,l !race 1999 A.D.. 13ctwcell LOUIS R. OEMICCO, a sitlgle nuctl, h' � CIIOB r. j:. slam nr Florida , grantor, and ` K.L • �nu : r of the Cn y 9 RONNIE LAWRENCE cued EL LAIN L�l WRENCE, Thistees- of,the LAWRI.NCE'LIVING TRUST dated J1tly 19, 199G, whose address is: 150 NW J02nd Street, OKEECHOBEE. Floiida 34972 - of die couNY or OKEEC'HOBEE state of Florida ,grantee Wit1leSSeti1 - that the GRA1,11'01t, for and. in consideration of the sum or - - - - ` - - - - - - - - - - - - - - - - -TEN &N01100($10.00)----- -------------- -BULLARS. and other good and valuable ctrtrsidi:ralion it? GRANTOR ighanl paid by GRANTEIv the receipt whereof is hereby acknowledged, has granted, k0gaiucd and sold it, he said GRAN1•E17 ntal - GRANTEE'S successors and assigns forever, the following descrihed land. - situate. lying and lying in the Caunry 'If - OKEECIIOBEE state or Florida to it: Lots 4, 5, 6, 10, 11 and 12, Block 16, SOUTH OKEECHOBEE, accord ing.to the plat thereof recorded in. Plat Book 5, Page 7, Public Records of OkeechobeeCotint'yi Florida. Subject to restrictions, reservations and easements of.record, if any, and taxes subsequent to 1999. VESTING IN SAID TRUSTEE FULL POWER AND AUTHORITY TO CONVEY., SELL LEASE, ENCUMBER, MANAGE AND DISPOSE OF THE REAL PROPERTY CITED HEREIN PURSUANT 'FO TRUST' AGREEMENT DATER JULY 1.9, 1.996 and the grmnr does herchy fully warrant the tide to said land, and will defend the same against lawhd claims or all persons whomsoever. - Ill Witnass Whereor, the grantor has heretouo set his hand and seal the day and year first -above written. - • _ (Seal) OUTS 1Z. D' CO P.O. Address 2I75 SWIC191h t.mle, KEECIIOIiEE. PL 14974 STATE' OF Florida COUNTY. OF OKEECHOBEE The foreguipl; imsinnncnt was acknowledged before me this 24th day of Pine, . 1.9 99 . by LOUT& Rr°DEMI CCO, wdto is perxtmally known It, we. - This Document Prepared By: OKBBCIIOBI!E ABSTRACI• Rr 1T1.1.i., INSURANCE, INC. Johanna K. •/arrell OHA NA K." JARR.— . 302 NW 3ntSirst W'N MY COMMISSION 9 CC585391 EXPIRES 01'ARY 'UBLI( 12�0i/oi) iDECEMBER 1, 2000 yConm scion Espires:OKBECI IORIiG I'IBONOEO TNRU TROY FAIN INSURANCE, aM. • • ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We own the following property: Lots 1,2,3,7,8,9, and N 1/2 of altey, rs��x _o South Okeechobee. and with my/our signature below, I/we consent to the closing of the alley and or street described below: scoxty, -i Witness: �r �� y _ .►,_._ - Print Name: STATE OF /�'-/'a/ev-za COUNTY OF l�h�Lr9�Z�S Print Name.: ell Sworn to (or affirmed) and subscribed before me this/g day of 200jr, by _ 3' ✓91%) (Seal) *Noarygna Print Name:/y/lam S. Personally Known OR Produced Identification Type of Identification Produced V L ' R �i-.tre,.. .l'->.'.- �..a..��':r+L'!.s R�-�..'�. ia1✓n,K s.. w.,.... .. .,.,..�. Povj Sys RETU RAMGO FORM 3A O g 69 257 rv.: �a,ot w�i,M q tewaauen hCtn. Y ]WasAiiaRtq 330 ^r1^d day aj SIF7TEM15M A. D. 1983 67 1� Maze. tit. d� PHILIP Y. BERGER and JESSICA S. BERGER, him wife h�.inafter call.d the g,anior. Io BROTHERS TWO DEVELOPERS, INC. a corpamlion existing under the law. of the state of Florida with Its parnanenf "toffic. address at Poet Office Box 433. Sebring, Florida 33870 hereinafter —11.4 the grantees Lein. tnnt reps.eaur{.o �,eye,NWt.fbeY.•ad.i. wnrwi~W aalae, U1fi1tZ tlI: Thai the grantor. for and In consideratfen of the Noun of S 10.00 and other onluahle considerations. receipt whereof is hereby acknowledged. hereby grants. bargains. rolls.. ahem. re- mises, ralenees, —.."a and confirms unto the grantee, all that carlatn land ,Must. In Okeechobee County. Florida. v@: Lots 1, 2, 3, 7, 8, and 9, Block 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, covenants, and easements of record. FILED FOR RECORD OKEECHOP._._ C09'17l'. L'• 15 712 6 M3 SEP 22 PN 3: 01 CLit BE T I CLERK Of MCblf COURT Tooffiltr will. all the tenements• henditamenb and appuNenances thereto belonging or in any- wise appertaining. To }Taut and to Mold, be same in fee simple forever. 71nd the granior hereby covenants with sold grantee that the grentor is lawfully swwd of said land In f' simple: that the grantor has good right and lawful authority to sell and convey said i. J. that the g'antor hereby fully warrants the fill. In said land and will defend the same -gale"# the lawful claims of all persons whomsoever: anti that said land is /roe of all encumbrances. eecept fasts accrulng..Subsegwnt to Dacembrr 31. 19 82. r f "' UOCU Etllrli2Y .-� 3TAMP 7�� i o" ea nEVT. OF gEyENUE�'! - _ it.rtal oCzr : .3.9 Z 3511, Iice n NibleSS JohffQof, the raid grantor has hereunto set _ 6eland end real the day and year fine above written. sign . sealed old deli fn our presence: -..:. ... ................. ..............................................._........ _ ............... Philip Y. eta :_ .. Jessica S. Berger WrA'1'E OF MORIDA. { COUNTY of OKEECHOBEE ' 1 HEREBY CERTIFY that An this day, before sne, an officer duly authorized in the State ,fora H and in the County Aforesaid to take acknowledgments, personally appeased PBILIP Y. BERGER and JESSICA S. BERGER, his wife to me known to be the vet, described in snd who executed the foregoing inar ment and they acknowledged be(— sne that the)Executed the same. w,"rep., WITNESS my hand and official rat in the County and State tan aforcuid thisAx.°( SFv>8nAEP_. A. D. 1983 ; tj vG '171if /aslnttw•nl prepprnd hy: TOW,h'u L R. brkw. Man"er, Okeechehea Abstract Compaq 3112 N. w. 3rd St. Okeeclto6ea, yk 3317; as s see.s- stay leddeat to the Issuance of this lastesace. Notary public. State Of Florida my Commission Expires May 29; Page 2 has- LLUICt, C, , AO C d _ U Authorized Signature0 Typed Name & Title Phone No. Date D e d-1 crcT 10 /j Signature Typed Name & Title Phone No. Date e cifOr. P3_g79� 7_iros hone No. Date Signature Typed Name & Title `40 ycne,�=-�ewl(�f olTl�6�2t " 763" '9wo- 7-/1-11s Typed Name & Title fx k*/i �� Phone No. Date Authorized Signature TYP D(R6.,f.s n -!—A A A. ;4*.-- 4— „s nkape-hobee Subdivisions: Authorized Signature Typed Name & Title Phone No. Date Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: July 27, 2005 Re: Alley - Closing application from Ronnie and Ellain Lawrence The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on SW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. • • ExnlBIT 5 SEPrEMBER 20, 2005 ORDINANCE NO. 911 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owners, Ronnie and Ellain Lawrence, of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-008-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.33 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistentwith the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before 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 Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 10, 11, 12 OF BLOCK 16, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 • 0 SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this r day of September, 2005. Dowling R. Watford, Jr. Mayor Pro-Tem ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of September, 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 Dowling R. Watford, Jr. Mayor Pro-Tem 0 40 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 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 G Afftant 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. ` Sw;om ands cribed before me this Gf day o A.D. 20 S Karinen R. Brown Notary Public, State of Florida at Large = `* Commission 4DD272118 Expire-; Jan 17, 2008 0, V_ Bondcd T;m. Ati:3ris'c B y S;rt,? :. o ; Inc PUKE NOTICE CONSIOERATION OFAOQPTING < A,CITY ORDINANCE PLEASE TAKE NOTICE that the City Coundl of 11W CI of Okeechobee, Florida will conduct a PUBLK HEARING on Tuesday',' 20; 2005 Immediately fol- bwinp the Final 9udget Pubitc H led iD be9b at 5A1 P.M., at Cfly Hait, 55 SE 3rd Avg:, OkeeCho�ee R Aonsidei final readkrg of the too evilr� Ordinance kdo law .NO.911 AN ORB NAIICE Of THE CITY BF.OKEECHOBEE, FLORIDAAMENDINGTFIEOFFICU14Z01GMAPOFOKEECHOBEE11Y.REZON- ING A CERTAIN TRACT OB LAND MORE PARTH ULAgLY DESCRIBED HEREIN; FROM AESIDENTIAL SINGLE FAMILY•ONE ((RSF•11 20NING DISTRICT TO HEAVY COMNIEACIAL ICHV) ZONING DISTRICT AM DING THE ZONING MAP ACCORDINGLY, PROVIDDING FOR CONFLICTS, >;EYEHABILtry AND AN EFFEO TIYE DATE.' ' The ordinance is regarding Rezoning Application No: OS-008-R submitted by propeKy pwners RonMe and Erin Lawrence. The application is tc change the zoning deslpr xtion hom ReslderNal Skple Famib One fRSF-1) to Heavy Com- Inertial (CHVj fa vacard property bated at 11 So Parrott Avenue. Legal descriptlan Ong Lats 10, 11 12 of frock 16, Saulh Okeectrobee, Plat Book 5, Pape 7 t'ublk Records,_Okeechobee County, Rarida and is approdmately .33 acre(s). A9 members of the Nc are encoureged to attend and part cipate in said hearing: Tha proposed Ordirgnce.may be Inspected in Its erOrety: by members of the pub- -is hours, Mon -Fri, Bam �.30pm eKc for s PLEASE TAKE NOTICE ANO BE S .0 that B any person desires to appeal any decision made by the City Cdur wdh respect b, mat0er considered at this hearing, such irderestedtperso%i wl9.need;,a`rewd o.the o.meedin4s,`and for such purpose may need to;ensure a verbal m record of the proceedings is made, 1. whi h record Includes the testimony and evbence upon which the appeal is to be based. City Clerk tapes are'for the sole"purpose of backup for official records of In accordance with the Americans with Disability Act (ADA) and Florida Standes 286.26, persons with disaNM needing spedal accommodation to participate in this proceeding should conW Lane Gamiotea no later Sian two (2) working days ppii to the proceed'i at 863.763-3372 r215; it hearing or voice impaired, call TDD 1-8992.34481voka) or 1.888-447-5620 (TTY). Lane Gernioua, CIVIC, CITfCLERK 83152 ON WW5 Date: 5 0 Petition No. Q J- 9 0 O- R City of Okeechobee � General Services Department Fee Paid: 0 Jurisdiction: 55 S.E. 3rd Avenue, Room 101 1st Hearing: $' a� 05 2nd Hearing: 01 U + Okeechobee, Florida 34974-2903 5 �ll� CC Phone: (863) 763-3372, ext. 218 Publication Dates: / Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance T&/Name of property owner(s): �'oiv� it_wner mailing address: 1'�5-0 /V 60 /Oa- P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C n A Name of contact person (state relationship): A0,V y if N / ��35� _ �3 Fax: �10�3 ho %'��Y� T Contact person daytime phone(s): �Co3 - ylo �" 06 ✓ Property address / directions to property: 11; y Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: 23 Is property in a platted subdivision? es �scEEcfioQEE Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R O'rnature en any land use applications concerning all or part of this property in the last year? If so, indicate date, Pplicant's name: AI-0 E'R ect to this application being granted? Ao T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y Describe adjoining land uses / improvements to the North: 64,019/,d &-fS / Goer .NSF West: South: , O/4 East: C - c3 / Existing zoning: fps Future Land Use classification: Actions Requested: (2t:�J Rezone Special Exception (_) Variance Parcel Identification Number: -� i v�i - - oovo -nQ1 ®o ✓ 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 $.-�00.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Date Printed Name Uniform Land Use Application (rev. 1/03) Page I of 2 • • Current zoning classification: QS j"( Requested zoning classification: R E Z What is your desired permitted use under the proposed classification: O N If granted, will the new zone be contiguous with a like zone? E-` eS Is a Special Exception necessary for your intended use? AI—p Variance? Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X' C E Why would granting your request be in the best interest of the area and residents? P T I If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A. N C Did you cause or contribute to the characteristic? is so, describe: n What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 • • Items 2, 10, and 11. To: City of Okeechobee Re: Rezoning request of Lots 10, 11, 12, Block 16 south Okeechobee, from residential to commercial Interest in Property Owners: Ronnie and Ellain Lawrence Trustees, Lawrence Living Trust Purpose of Zoning request: To build an office complex consistant with the style of the current structure on the front three commercial lots. This request will also bring the property m compliance with the current land use of the city comprehensive plan. Parcel9D-Number. 3-21-37-35-0040-00160-0100 - Grantcc AI ;FIN: Warranty Deed This indenture, Made dais 241h day rrf June 1999 A.D. Betiveen. LOUIS R. DEMICCO, a single nlan, of life County of 9KEECHOBEE SoRe of Florida , grantor, :uul RONNIE LA WRENCE (nld ELLAIN Lit WRENCE, Trrrslees of the LA WRENCE LIVING TRUST dated July 19, 1996, whose address is: 150 NW 102nd Street, OKEECHOBEE, Florda 34972 of die Couply of OKEECHOBEE� - Slate of Florida , grantee. - w1tnesseth that file GRANTOR, for and in consideration of the ram of - - - - - - - -- - - - - - - - - - - - - - - - - - - ----------------- --TEN&N01100($10.00)--------------- AOLLARS. and other good and valuable cot ider iinn In GRANTOR in hand paid by GRANTEE.the receipt whereofishereby acknowledged, hits" granted, lWinincd and sold Nr the said GRANTEE and GRANTEE'S successors and .assigns forever, file following described land. - _ - sitaate, lyhrg and being it me county of OKEECHOBEE stateor Florida to wic _ Lots 4, 5, 6, 10, 11 and 12, Block 16, SOUTH OKEECHOBEE, accord- ing.to the plat thereof recorded in Plat. Book 5, Page 7, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. VESTING IN SAID TRUSTEE FULL POWER AND AUTHORITY TO CONVEY, SELL LEASE, ENCUMBER, MANAGE AND DISPOSE OF THE REAL PROPERTY CITED HEREIN PURSUANT 1'O TRUST AGREEMENT DATED JULY 1.9, 1.996 and the grantor does herehy fully warrant the title to said land, and will defend the same against lawful clahns; of all persons whomsoever. III Witness Whereof, file grantor has hereunto set his hand and seal the day and year first above written. oq(Seal) OUTS R. DEAdiCCO Y.O. Address 2175 SW 1911, Lane, KEEC(ioAEr. TL 34974 STATE` OF Florida COUNTY OF OKEECHOBEE The foregoipg instrument was acknowledged before file this 24th clay of .11(/1e , _1999 by - LOU1&Rr'DEMICCO, who is personally. known to loc.- This Document Prepared Ily: - - OKEECHOBEE ABSTRACT' 8c'1'ri'I.li - INSURANCE, INC. Johanna K..lerfep OHA NA K.' JARRELI .v.,s 3ffl NW 3rd:Sire f' nij.)MY COMMISSION H CC585391 EXPIRES 0"I'ARY UBLIC /2/ol/Oi) OKEECI[Ulliil , PI° ' DECEMBER 1, 2000 y Colon Issiou Expires: %y_ I BONDED TNRU TROY FAIN INIIIRANr•.F .1;1. D_SearebResults • Page 1 of 2 Okeechobee County Property Appraiser Last Updated: 6/8/2005 Parcel ID: 3-21-37-35-0040-00160-0100 nwna,r R. Pmnerly Info Owner's Name LAWRENCE RONNIE & LAWRENCE ELL Site Address 0, Okeechobee Mailing Address 150 NW 102ND STREET OKEECHOBEE, FL 34972 Brief Legal SOUTH OKEECHOBEE LOTS 10 11 12 BLOCK 16 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518652.00 ITax District 150 IUD Codes Market Area 170 Total Land Area 0,488 ACRES Pmrssawry & Assessment Values Mkt Land Value cnt: (1) $45,675.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (2) $2,499.00 Total Appraised Value $48,174.00 2005 Proposed Values Property,Card GIS Map :: Print.. «Prev Search Result: 36 of 40 Next» Just Value --$48,174.00 Class Value ' - $0.00 Assessed $48,174.00 Value Exempt Value $0.00 Total Taxable $48,174.00 Value .'7olaa n.Ow. y Book/Page Inst. Type Sale Vimp Sale Qual Sale RCode Sale Price Sale Date 6/24/1999 424/995 0/0 1 271/1112 WD QC i WC I I I U U U 02 03 03 $0.00 $0.00 $0.00 10/1/1985 6/1/1985 _E. ",py�•Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Bldg Item NONE F t res & out Buildings Extra ea VA Dose Year Bit Vaiue Units Dims Condition (% Good) Code WPY W4 WD PIR SHG 1948 $1,447.00 260.000 20 x 13 x 0 PD (50.00) WDT W4 WD DRT TIN 1948 $1,052.00 532.000 28 x 19 x 0 PD (40.00) Dose Units Adjustments Eff Rate Lnd Value Lnd Code 000000 VAC RES (MKT) 150.000 FF - (.488AC) 1.00/1.00/1.00/1.00 $304.50 $45,675.00 Okeechobee County Property Appraiser L°" "N.,a`-- vl �1 PrBvSearch Result: 36 of 40 http://www.okeechobeepa.com/GIS/D—SearchResults.asp 6/17/2005 1 41 M-4 Ada 14 3A . 1375 JacStreet, Suite 206 Fort Myers, orida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningAatt.net Staff Report Rezoning Request x Or for: City of Okeechobee Applicant.- Ronnie & Ellain Lawrence From: RSF-I To: CHV Petition No. 05-008 R • • Staff Report Rezoning Request General Information Applicant: Lawrence. Petition No. 05-008-R Applicant: Ronnie & Ellain Lawrence Applicant Address: 150 NW 102nd St. Okeechobee, FL 34972 Applicant Phone Number: 863-467-0600 Contact Person Ronnie Lawrence Proposed Future Land Use Map Classification Existing Commercial Same Zoning District RSF-1 CHV Use of Property 3 vacated structures Offices & Storage Buildings Acreage .33 .33 Access Parrot Ave. Legal Description: LOTS 10,11,12 BLOCK 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Pg 7, public records of Okeechobee County. Request: The applicants request that the zoning for the subject property be changed from RSF- 1 to CHV. The applicants intend to develop an office building and storage buildings on the property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Restaurant East: Future Land Use Map Classification: Multi Family Zoning District: RSF-1 Existing Land Use: Commercial South: Future Land Use Map Classification: Commercial Zoning District: RSF-1 & CHV Existing Land Use: Residence West: Future Land Use Map Classification: Multi Family Zoning District: RMF Staff Report • Applicant: Lawrence. Rezoning Request Petition No. 05-008-R Existing Land Use: I Multi Family The subject property is in a transitional area with Commercial intensive use such as restaurants. The use for this property is low intensive in nature and the proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element of the Comprehensive Plan. 1. The proposed use is not contrary to Comprehensive Plan requirements. Heavy Commercial Zoning would be Commercial Future Land Use Category, consistent with the Comprehensive Plan. consistent zoning allowable under the thus making the office and storage use 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed use will not have any adverse effects on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the proposed use and zoning will not adversely affect property values or living conditions. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can help to reduce any impacts on the neighborhood. 2 Staff Report Applicant: Lawrence. Rezoning Request Petition No. 05-008-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the CHV Zoning will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed office use will not create traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare_ No, the proposed change will not grant special privileges to the owner. CertificationSummary and Conclusions Prior to The applicants request will be consistent with the City's Comprehensive Plan. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CITV permitting the applicant to construct an office building and storage buildings. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 3 z a 0 cn o �Q >z cc Z) O_ V LL W O _R f- O a� W Cr 0 Lij 2� Z)~ OW[ cn LL a LL W O F- OC ox aLLI . 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LL -' 1 .00 '99 I-, a ni 3 Lo M 0 z LL Ln Iq ao ri 2 3 �8Z n, I'go '09 M .sb.ZO aOOS A 3 -] -] V d) ,06 '6b M u0S .90 o00S , g l Vo e z m m a I .7T'6Z mcc O LL LO N 3 �1! LO rn e z `. LL,J CIC �.l.l m O co Q_ cc O M I a C:c e 3 rn LL CP NT C 3 O rh fh 0 z d d tI ;I ;I `, � W �2 t� d s 2 W � J Q Ws W � 2 ,ca '09 U. rr^^ O m 977,06 '6d r M JS ,e0 o00S CU o l M /d , OL - 03A dd ) 3nN3A d P UZ 'M 'S -� 2005 - Planning Board - Page 2 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-008-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Council to rezone Lots 10 through 12, Block 16, City of Okeechobee from Residential Single Family - One (RSF-1) to Heavy Commercial (CHV). The Planning Staff Report Summary: Thesseforphis is asrotint ns ve n nature and the g property subject property is located at 1120 South Parrott Avenue. The property owners intensive use such as restaurants. The use fo and applicants are Ronnie and Ellain Lawrence. proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element p of the Comprehensive Plan. Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283 (4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (I) The use has not been inordinately burdened by unnecessary restrictions. (J) The proposed change will not grant special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicants • request will be consistent with the City's Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-I to CHV permitting the applicant to construct an office building and storage buildings. Board Member McCoy questioned whether the alleyway was closed. Mr. Lawrence explained that he is currently working on the Alley Closing process. There were no pubic comments, nor any further discussion from the Board. 2005 - Planning Board - Page 3 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-008-R, continued. B. Rezoning Petition No. 05-009-R. Consider a recommendation to the City Council to rezone Lots 23 through 26, Block 31, City of Okeechobee from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located at the Northwest corner of Northeast 1 Oth Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-008-R, changing the zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi -Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely effect the public interest. (D) Multi -Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (I) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. • • EXHIBIT 6 ORDINANCE NO. 912 SEPTEMBER 20, 2005 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner, KMJ Land Company, of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-009-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.69 acre(s) from Heavy Commercial (CHV) Zoning District to Residential Multiple Family (RMF) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistentwith the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before 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 Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 23 THROUGH 26 OF BLOCK 31, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) Zoning District to Residential Multiple Family (RMF) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 • • SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 7"' day of September, 2005. Dowling R. Watford, Jr. Mayor Pro-Tem ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of September, 2005. ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 Dowling R. Watford, Jr. Mayor Pro-Tem • i The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 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 i Affiant further says that the said Okeechobee News is news a r ublished at Okeechobee in said Okeechobee PUBLIC NOTICE CONSIDERATION OF-AOOPTING A CITY ORDINANCE PLEASE TAKE NOTICE fiat the. City Council df the City of Okeechobee, Florida will condi a PUBLIC HEARING on Tuesday, September 20, 2005 hmmedi fol e Final Butlpet Publo Hearingat 5:01 P.M City all, SE 3rd Ave:, Okeeohobee, FL,toadingg of the folbwrlOrdine IntolawN0.912: AN OIIDINAF OKEECHOBFIDtAMENDINCOMS THE OFFICIAL ZONIN MAP,OF,OKEECHOBEE BY REZON- ING A CERTAIN TRACT OF LANDy$MORE PARi1CULARLY•DESCRIBED HEREIN, L. TIPLE FAMILY HO�IOING IAL �DR TRICTCONF ICTSOST.$ERYERABNINGLTY NANDIAFAIDENVAAP A. EFFECTIVE DATE • The ordinance is regarding Rezoning Application No. 05-009 R submitted by Mark Goodbread on behalf of property owners KW Land inc. The 1plicalion is to change the zonin destgdation from Heavy Commercial (CHV) to Residential Mul- lipai Famiy (RMF� for vacard property located at the corner of Northeast 101h Street and 3rd Avenue. Ledal description being Lots 23 to 26,of Bock 31, City of Okeechobee, Plat Book 5, Pa 5, Public Records, Okeechobee County, Fonda and is appwdmately .69 acre(s� Ali members of the ublic are encouraged to attend and In said hearing. The proposed Ordinance may be inspected irL:ds err9rely h�mem6grs of the pub- lic in the Office of the,C'rtrtyy Clerk during regular business hours, Mon -Fri, 8am-4:30pm,emptfor bolhdays. ; PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal arty decision made by the City Council with respect o any matter considered at this hearing, such interested person will'need.a record of the; proceedings, and for such purpose may need o'enWre a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is o be based. City Clerk tapes, are or the sole purpose of backup for of8aa6 records of tine Clerk,, In accordance wdhihe Amencans WIM VIsability Act A)And Florida Statutas 286 26,•persans with dfsabrfities needing special xcommodation o paNcipa(e In thIIss proceeding should contact Lane. Gamiotea no later than two (2) waking days Val iior o tits proceeding at 863-763 3372 X115; 'rf hearing a voice impaired, cal TOD 1-800-222-3448 (voice) or 1.888-447-5620 (TTY). Gamhotea, CMC, CITY CLERK §3154 ON W%05 a k pe P 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. Swo and su ribed before me this day A.D. 20 of 0_ a . arm-n R. Bro-,xn Notary Public, State of Florida at Large Z,,: -Commission #DD272118 -: Exrirms- Jan 17, 2008 1 ',r5'.•.14:ig Cc, , fnc. Date: a 5' Q tition No. 0 S- Q0 q- K City of Okeechobee General Services Department 55 S.E. 3rd Avenue; Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 wave Fee Paid: N I �J,e- sdiction: t 1st Hearing: $' a?o 10 5 2nd Hearing: q' � { Q a o Publication Dates: P6 915 Notices Mailed: Uniform Land Use Application Rezone • hpecial Excepnon - v arian— ✓ Name of property owner(s): OAS L-Q- A _ Owner mailing address: 01`� 5 cJ F D, 61 2)t r e-C t P N I R -VIZ, Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: l�l j 1i c p>= 1' m K Good Lvad A Name of contact person state relationship): N T Contact person daytime hone(s): �(3 - G�n -+ Fes' ✓ Property address / directions to property: NW cp r ne r NE 1 p+h St and N E 3 ✓cd A v ee Indicate current use of property: v Q Can Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): roved Approximate number of acres: t , U q Is property in a platted subdivision? r) O P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: nc) R` -L? P Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: 11p R. Is a sale subject to this application being granted? OC) T Is the subject parcel) your total holdings at that location? If not, describe the remaining or intended uses: 1 e-5 MF Describe adjoining land uses / improvements to the North: R South: CornMei(Cta l East: \/a COLk t West: SI►"](� Ie FCIIYI ► � y Existing zoning: f 4e-av Y CCMmer0cLI Future Land Use classification: Actions Requested: C6 Rezone Special Exception (_� Variance Parcel Identification Number: 3 - 15 - 31 - 3 S 0010 - C 0 31 O - 0 a 3 0 I hereby certify that the information in this ap lication 4 correct. The information included in this application is for use by the City of Okeechobe in proces ' my req st. Fals or misleading information may be punishable by a fine of up to $500.0 and pris of to 3 days an may re iltin the summary denial of this application. Eioodbreaol as) OS Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 \J 0 Current zoning classification: C V Requested zoning classification What is your desired permitted use under the proposed classification: RM F dwe-M'nq s 7Ifgranted, will the new zone be contiguous with a like zone? I N/ CS Is a Special Exception necessary for your intended use? n O Variance? no Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev_ I/03) Page 2 of 2 July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3Td Avenue Okeechobee, FL 34974 RE: KMJ Rezoning Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. Thank you for your consideration. espectfully Submitted, oy Kidwell State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Seal: Signature of Notary • fhb I,atmmalt Peps ed By And Retam to: TOM W. ODNE,y, III LONELY & CONELy, PA Post OM= Drawer 1367 Okcechobee, iladda 34973 P-p" Appraisem Pared to* 3-15-37-35-MI" 3iD-0OIo WARRANTY DEED 161MINIMM11 FILE MXM 2004021147 OR BK iJOS48 PG 0339 SHARON ROBERTSONr CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 12/0812004 Dl.,45n35 Ftl RECORDING FEES 10.00 DEED DOC 786.80 RECORDED BY tl Anuez THIS WARRANTY DEED Made the 30th day of November, 2004, by JMK OF OKEECHOBEE, INC., a corporation existing under the laws of Florida, and having itsprincipal Place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantor, to K M J IAND, INC., a corporation existing under the laws of Florida, whose postoffice address is 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Wherever used bcrem the terma'9anrar' and -grantee^ Wu& an the partks W this inw meat aad the heir; k{.d Mprexutiaves and amps, of individmil,, and d- suce n and a®g. of.,pomtlo.). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receiptwhereofis hereby acknowledged, herebygrants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz . Lot 1 and Lots 23 through 26, inclusive, of BIock 31, Lots 8 through 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through 13, inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 2003. AND the Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by it proper officer thereunto duly authorized the day and year first above written. Signed, sealed and delivered in our presence: Witness's Signature EVA 14AE coNELY Wi ss's name typed or printed zs w1 ess's Signature KAREN S. HAYES Witness's name typed or printed STATE OF FLORIDA COUNTY OF OKEECHOBEE JMg OF OKEECHOBEE, INC. Joy q President (Corporate Seal) The foregoing instrument was acknowledged before me this 30th day 2004, by -Toy KIDWEU, as president, on behalf of JMK OF OKEECHOBEF, of November Florida corporation, and.who is (&Ypersonauy known to Inc () produced Driver's License as identification. Notary Public EVAUMCONB.Y 3r a'r WCOIdMOMf CC 9aw EXPIOFS:i>cem Dw iZ 2m ead.ana rlomrReto veasrda 0 0 July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Land Rezoning for KMJ Dear Mrs. Cook, KMJ Land, Inc. is a corporation of which I am a partial owner of and I am also representing KMJ in their application to rezone their property to Residential Multiple Family. This petition was originally submitted back in January; however, there was some confusion regarding the parcels that were requested to be rezoned. Both the City Clerk and Planning Department used the Legal Description listed on the survey that I provided (which did not include Block 31). The Planning Board and City Council did rezone the property with the legal description that was on the survey (Lots 14 - 19 Block 32 and Lots 7 - 19 Block 35). I also wanted Lots 23 - 26 of Block 31 be rezoned as well. This petition is to complete the rezoning process on the property that I thought was being rezoned before. I've included a revised sury y in uding all of the parcels. Please contact me should you need any additional information. Th�nk you or your consideration. Mark E. Goodbread Lie. Real Estate Associate 0 0 July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Statement of Special Reason and Basis for the Request Dear Mrs. Cook, The reason for the rezoning application is to change the current zoning to Residential Multiple Family, based on the current market conditions and the need for residential multiple family zoned property in Okeechobee. Please contact me should you need any gdditi-c�al information. Thank you for your consideration. Lic. Real Estate Associate El July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Applicants Statement of Interest in Property Dear Mrs. Cook, My interest in the property is part c concerning this application, please Lie. Real representative. If you have any questions call. Thank you for your consideration. • 0 July 25, 2005 Katrina Cook City of Okeechobee 55 SE Yd Avenue Okeechobee, FL 34974 RE: KMJ Rezoning Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. Thank you for your consideration. Respectfully Submitted, Joy Kidwell State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Signature of Notary Seal: try � t ry-u o SQO F'V - • • July 25, 2005 MEMORANDUM TO FILE 05-009-R: KMJ LAND, INC. submitted a Rezoning application 05-002-R which was approved April 19, 2005. Later it was discovered that while the narrative of the application submitted by the applicant included the rezoning of Lots 23 to 26 of Block 31, City of Okeechobee as well as Lots 14-19 of Block 32 and Lots 7 - 19 of Block 35, all within the City of Okeechobee subdivision, the survey did not include any area of Block 31. Therefore only those lots included on the legal description contained in the survey were rezoned. This matter was discussed by Ladaysha at LaRue's office, Katrina and Lane. Mark Goodbread was contacted and he brought in a survey including the lots within Block 31. We are processing this application through the normal procedures, however, the fee will be waived since it (Block 31) should have been included in the initial Rezoning No. 05- 002-R. Lane Gamiotea, CIVIC City Clerk BOUNDARY SURVEY PREPARED FOR BAKUL PATEL DESQ' IMN..• L07S ?J 7I/ROP W M &OAY X, OCF VHO= AS REC041DED Pawar Av PLAT 8" A PAW A CF THE PLIWC RECOWS CIS- 01EEOv W COMM, fLOR/DA. AND LOU B 7WO/GHV It AND L075 It 7HROU12Y Ig OLOAY JZ OCE aKWE4 AS REG1GiPAED wwor IN PUT BOOM Al PAcr 4 Or THE PU6[lC RECaws 0, OYEECHOREE COAv7Y, FLORA7A. AND L075 7 # ROVW It AOOC J•O OrEEOWOIBIE$ AS REO1p4OlE0 nIERIEOc Av PUT BOW 4 PAGE OIL- 1HE PUBLIC RECORDS CF OYEEi)v0W colhvTY, FLOWDA. PmECT sFmnC N07ES%. U LAB WOMN O7h WWS& ALL DAMENS M ARE RA RP) AND AAEARA4E0(A/), TJ F,LR.AL 701W. MVE LAID{, PARE LAES WWN 7h1E AMrHOAW p7Y UWM J) Pa SU?WY /S NOT Av7171 m 7O DIEP/CT .AAPAS� vavAL AREAS w Omm AREAS a- L OC1L GIpVLE7PY1 t) 7H£ aG1l6EY DIETYCTED HERE /S NOT ODNOdED BY PROie'E557AvlL UABK/TY AVsL#PM/Gfi: AAOV77AKS A4 VELEMW M SUR4tY MAPS CR REPLW7S BY 07ho? THAN THE &=W PARTY OR PARTIES /S PROW70 M mwr MRITTEN COvsvvr Or PE S6wm PARTY O? PARnm 5) DATE 0- LAST PmD aww- : 07/`151" 6) 7HE DIE51 wnw 57IONN HERl m WAS PRONGED BY Pc LXB'1VT OR 7h(E avvm fiuftSOVTAn6E 7) BEAR/AKJ BASE.' THE SOU7H RAWr-0--WAY OR' ARE. 07H 57MT /S TAKDV 7D BEAR SO/7/ OD%?r.TOe NEST: I PREPARED FOP THE E7YGY.UsW USE { BAKUL PA7EL RDEL/TY FEDERAL UNIWRSAL LAND 77ME ALS ZUX 57WT - 1 13 12 11 10 9 8 s 7 I 6 I 1 t O.fiP ACRES 5 1 1 3 1 2 1 1Az r= �.I, «.• — — —� — — — I�MTY ,1lIdr .[smoee 1 22 I ewe .v YV e¢qn 1 Ital. e rar pv— I 20 I 21 I _ _ L — — — — — �aVaY I—.VYND iY40rt►L — I I ( f rarnr NO.pM ,e Alp) 4 SURVEY WARY SURVEY SURVEY 06 %406 0 /26/OS 16 /10-1Y 157/55-56 WWCC WC K/B KAB � 40' A94N W XKSM 18603 1 LEGEND STANDARD NOTM No eeorab N tlw O-5et Iran Rod and CaP TWPS 6719 w-Found CM pane ,.aortle far a.t.mNoWn of ovn.eNy > r..bNYon. TRADEWIND3 -PROFESSIONAL SERVICES. INC. •-Poona Iron Rod (and cop) O-Poona Plpe (and Cop) IfeotNy 1aWe eham a F by eW 7M �Y bne b - m1leMly Ar Me. noaa No bR a uabl b ABBREVIATIONS s�i�,�r0 A�tiP +Is e.w+x�s w-eswm.+; q.c.nsms aa,l,WN,e cAr-c.a, n w. by otllwe nel gvallaely nsned Not wIW vlBlout 1M elywbn and nnbard eetl oT FloIWo =nd :7w end maPPel MlY0. Thre on ne 4" obom ground maecOnmw d to esaPt r 800 B.i. STd Avenue n,-,wlvl [/I-[,e. N rwrxnk Rrn-[.wnmk /1xY-IIM Ynu,va. ehowl. Ne ad�lPl w modv Moab In6rywnd bnpna�amt. sW/v woroodvnenb (N onY) 0lueoboh 17, 84DY'8 ew eu n1`o- ..; F-Y Mura.M M1 I.x a G,k l.�Mf Iwo ey M•Y,.rwN: M1-M.My x- W xTY- onn.ne xaKox.Nex..r Gw:o. a port N tMe nrva% Thb wrreY va W. Md N PWV (nw alr mNNwn .A.Q) p e1mdM. M' v.rnw Glu.,) N 1,,,: xiFN,l 1, e,+a alw.o..n..I nV.s y, s1r eeleNYNed by N F F�IeAode� el SlaNtga and Yappoa (fyl�tr gt017-0. F.A4) Purront tv � / 7aL• (DES) 705-8887 u.s r-�.I Io-IM1 .I cwwaxs rce-Iw�1 ,I cwsax Cswlrs is B.auoll 472 Irr.w�wl CnYa hbt�h1+1 vlre.y.µ� IOC-PMI el aw,m.wm.4 MO-hl,l N Ilw.r �.�ml Nv.we W.m.nV Ii-hNl N T N,a-PSM Vlgxl, and pahr,n f-kgluy A/V- I-K4-ae a� .4.3. {`T-,wesns T-, •IM,M, erle, r o.lw��.. w. rllr-e.l.np Vn-Inmdx.t•I Mralxn e..w .. Y,awra o.lu�. enneth A. Hreau><, Jr. (PW4820 y N Aau.,wwa n.. u m 1375 Jacks�treet, Suite 206 : Fort Myersfoorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningna,att.net Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: K1liIJ of Okeechobee Inc. From: CHV To: R1VIF Petition No. 05-009 R Staff Report Rezoning Request Applicant: KMJ of Okeechobee Petition No. 05-002-R Applicant: KMJ of Okeechobee Inc. Applicant Address: 945 SE 23rd Street, Okeechobee, FL 34974 Applicant Phone Number: 863-634-6999 Contact Person Mark Goodbread Owner: KMJ of Okeechobee Inc. Owner Address: 945 SE 23 rd Street, Okeechobee, FL 34974 _� Proposed Future Land Use Map Single Family Multi -Family Classification Zoning District CHV RMF Use of Property Vacant Multi -Family residences Acreage 0.69 0.69 Legal Description: Lots 23-26, Block 31, City of Okeechobee, as recorded in Plat Book 5, Page5, of the Public Records of Okeechobee County, Florida. Request: The applicant is requesting to rezone 0.69 acres of land from the CHV zoning district to the RMF zoning district. The applicant would like to develop a multi -family community on the subject property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: RMF East: Future Land Use Map Classification: Multi Family Zoning District: RMF South: Future Land Use Map Classification: Single -Family Zoning District: Industrial (IND) West: Future Land Use Map Classification: Multi -Family Zoning District: RMF Staff Report Applicant: KMJ of Okeechobee Rezoning Request Petition No. 05-002-R The applicant has requested a Future Land Use change of Multi -Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Multi -Family residential use is allowed in the requesting RMF zoning district. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed zoning and use would not adversely effect the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Multi -Family use, is compatible with adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, changes to Residential Multiple Family (RMF) zoning would not be a deterrent the development or improvement of adjacent property.. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Yes, uses can be buffered from the surrounding area. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the use will not create a density pattern that would affect public facilities. 2 Staff Repor t • Applicant: KMJ of Okeechobee Rezoning Request Petition No. 05-002-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the RMF zoning would not create infrastructure impacts that are undesirable. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed change of zoning would not constitute a special privilege. Summary and Conclusions Prior to Certification The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was approved. Recommendation Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family residential dwellings. This request and the accompanying Future Land Use re -designation was to be included with a prior land use/zoning change for nearby property. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 •a�ialtAud ppods u ajn4t}suo3 jou pinom Outuoz jo a2uugo posodoid oqj (r) apo� uoutdolana(j pue l paptun alp puu uuld antsuatlaaduzoO o p ut gPoj Ias asolp uutp zolpo Aliodoid )qj uo suol�ougsoi faussooauun ou on oioq , (I) •olqu.nsopun On jup sjoudurt of orlAsuiJul �luazo you pinom �utuoz 3y�121 arlZ (H) 'SO' otlgnd looge pinom 1utp uuallud �rsuop Olmio jou Ilion asn ;)ql (0) •uazu �utpunozlns oqj ulorj pazadjnq aq uuo sash (j •fij.Iadotd gaoufpu io Tuauzanozdun zo luautdolanap atp of luouolop u aq jou pinom �?utuoz (Ayi-d) �Ituru3 )IdtlInW TjTuaptsag oT sa�iuegD (1) •sosn puul juaoufpu qjim algqudwoo si `asn Xliuzud-!IlnW ((I) •isajalut oilgnd oqj joajja KIaszanpu Iou pinom asn puu 2utuoz posodoid oLLL (0) •ioLiTstp �uruoz AM 2utlsonbaz atp ut pomollu si asn Iurluaptsaz fltumj-tllnW (g) •uuld antsu3gojduzoD atp ol Xmiluoo oq jou pinom Butuoz �Ijumj tllnW of a�3uego u `uoquotsop asn puul o minj f,ITum3 t1InW of a!3u-eqo u 2urlsonbo.z oslu sI kzadoid atp sV (V) :sisXluuV Vodag jjujS �tuiuuuld •alis step uo sluomindu lotuisuoo oT 2utsodozd si juuotlddu agl1, 'Iunotddu zoj popuourtuooaz sum gulp ,�j.tadozd sttp joj kllumj-lilnw jo o2upgo asn puu-I aznin3 u palsonbai sutl luuoilddu oql :,UutumnS podag j3ujS �Iuiuuuld :smollo3 su liodagl jju}S oqjpoquosop �Uouq `TuulInsuoO Outuuuld Ate `and -el jutf .(12[ IV3 AIOLLOw VaA - AIHQQIHM VaA - A03:)Ik VaA - '1-I5tmXvw d3A - QdHA(IH'-I d:IA - Hal -lax -M d'AA - x:IAOOH VaA - sH9110HUng :410A •zanooH jogwoW pnog Xq popu000s `.(AHO) IntozauzuzoO fnuaH oI (I-dS2i) auO`ulu j aloutS Iutluaptso-d wo4 �3utuoz oqj �3utfuugo `2I-800-SO u011110d outuozag anoiddu of ItounOD X4t0 oT puautuzooa.r of pouopotu sg2noung jagLuoW pnog •puajgpoog NmW si luuotlddu atp `•ouI punt fM si zaumo kv;)dold atlZ -anuaAV pzc IsuatluoN puu poilS qj0I isuatptoN jo Jau.Ioo IsamgljoN oqj Iu powool si f%ljodozd joafgns aqZ •(3Yja) SItum3 oldilinW Iurjuoptsa-I oI (AHD) IutozauRUOD Xnu3H wO.IJ aagotlo;)oNo jo XItO `I £ Nooig `9Z q2noxgj £Z s}o-I ouozaz off. ItounoO J 1D atp of uopapuOmwooaz u IQpjsUOD --a-600-SO •oN uorlt�ad �utuoza� 'g •panutTuoo 2I-800-SO •oN uotlt}ad �utuozxa •v Issa IISfig A 51K 'Al • • S jo £ a2ud - p.119og Muuuld - SON IV. NEW BUSINESS. B. Rezoning Petition No. 05-009-R, continued. 2005 - Board - Pa2c 4 of 5 Planning Staff Report Summary and Conclusions Prior to Certification: The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi -Family land use category which was approved. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family residential dwellings.) This request and the accompanying Future Land Use re -designation was to be included with a prior land use/zoning change for nearby property. There were no public comments, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 008-R, changing the zoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF); seconded by Board Member Whidden. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOV - YEA WHIDDEN - YEA MOTION CARRIED. 0 A ORDINANCE NO. 915 EXHIBIT i SEPTEMBER 20, 2005 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL(CHV)ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FORCONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City, and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-010-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64 acre(s) from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application, and WHEREAS, the City Council finds such rezoning consistentwith the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. 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. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 12 OF BLOCK 153, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 • SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 71h day of September, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20`h day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she a Publisher at Okeechobee, in News, a DAILY Newspaper p of advertise - Okeechobee County, Florida; that the attached copy ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida. was published in said newspaper in the issue Of ©�� Afftant 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, next ing the first Florida, for a period of one year of advertisement; and affiant publication of the attached copyrson, further says that she has neither paid nor promised any Pe firm or corporation any discount, rebate, commission or refund for the purpose of securing this advents ment for publication in the said newspaper. v , Sworno d subscObe before me this � T A.D.20 -5 day of ' Inen R. Brown Notary Public, State of Florida at Large G° Commission #DD27211 K ._ ;_ Expires: Jan 17, 2008 Bonded Tlirs Atlantic Bonding Co., Inc CITY OF OKEECHOBEE, FLORMA Table of Contents As of September 30, 2004 Page Introductory Section Title Page 1 Table of Contents 2 City Officials 3 Financial Section Independent Auditors' 5 + Report Management's Discussion and Analysis 7 Basic Financial Statements Government -wide Financial Statements • Statement of Net Assets 15 • Statement of Activities 16 Fund Financial Statements Governmental Funds • Balance Sheet 18 • Statement of Revenues, Expenditures, and Changes in Fund Balances 20 • Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 22 Fiduciary Funds (Component Units that are Fiduciary in Nature) • Statement of Fiduciary Net Assets 23 • Statement of Changes in Fiduciary Net Assets 24 Notes to Financial Statements 25 Required Supplementary Information Other Than Management's Discussion and Analysis • Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual 42 • Notes to Required Supplementary Information 43 Single Audit Section • Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 47 • Independent Auditors' Report on Compliance With Requirements Applicable to Each Major Program and on Internal Control over Compliance in Accordance With OMB Circular A-133 49 • Schedule of Findings and Questioned Costs 51 • Schedule of Expenditures of Federal Awards 53 • Independent Auditors' Management Letter 55 CITY OF OKEECHOBEE, FLORIDA City Officials As of September 30, 2004 James E. Kirk Mayor, Chairman Noel A. Chandler Roscoe Lowry Markham Dowling R. Watford, Jr. D. Clayton Williams, Jr. Council Members John R. Cook City Attorney Bill L. Veach City Administrator Lane Gamiotea City Clerk Lola Park Account Supervisor Herbert Smith Chief of Fire Denny Davis Chief of Police Donnie Robertson Director of Public Works Oscar Bermudez Engineer HOYMAN, DOBSON & COMPANY, P.A. +,. CERTIFIED PUBLIC ACCOUNTANTS 275 Boytree Drive, Melbourne, Florida 32940, 321-255-0088, Fax 321-259-8648, www.hoymon.com Charles W. Hayman, Jr. Barbara J. Oswalt Thomas L. Kirk Karen E. Kirkland Deborah A. Bradley DIRECTOR EMERITUS Roger W Dobson Eugene K. Bjerning Independent Auditors' Report Honorable Mayor and Members of the City Council City of Okeechobee, Florida We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2004, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City of Okeechobee, Florida's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the fiduciary fund type and the discretely presented component unit. Those financial statements were audited by other auditors whose reports have been furnished to us, and this report, insofar as it relates to the fiduciary fund type and the discretely presented component unit is based on the reports of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of September 30, 2004, and the respective changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. As described in Note 1, the City has implemented a new financial reporting model, as required by the provisions of GASB Statement No. 34, Basic Financial Statements Management's Discussion and Analysis for State and Local Governments, as of October 1, 2003. In accordance with Government Auditing Standards, we have also issued our report dated July 18, 2005, on our consideration of the City of Okeechobee, Florida's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, not to provide an opinion on the internal control over financial reporting or compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. • American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants • SEC Practice Section of the A. I. C.P.A. • CPAmerica International City of Okeechobee, Florida Page Two The management's discussion and analysis, budgetary comparison information, and pension information on pages 7- 12 and 42-43 are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Okeechobee, Florida's basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and is not a required part of the basic financial statements of the City of Okeechobee, Florida. Such information has been subjected to the auditing procedures applied in the audit of the financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the financial statements taken as a whole. Hoyman, Dobson & Company, P.A. July 18, 2005 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis 30, 2004 Our discussion and analysis of the City of Okeechobee, Florida's (the City) financial performance provides an overview of the City's financial activities for the year ended September 30, 2004. Please read it in conjunction with the City's basic financial statements, which immediately follow this discussion. Because the City is implementing new reporting standards for this fiscal year with significant changes in content and structure, much of the information is not easily comparable to prior years. However, in future years, comparisons will be more meaningful and will go further in explaining the City's financial position and results of operations. FINANCIAL HIGHLIGHTS The following are highlights of financial activity for the year ended September 30, 2004: The City's total assets exceeded its liabilities at September 30, 2004 by $10,313,847. • The City's total revenues were $6,461,201 for the year ended September 30, 2004, compared to total expenses of $4,670,968, which resulted in a $1,790,233 increase in net assets. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to basic financial statements. A. Government -Wide Financial Statements The government -wide financial statements, which consist of the following two statements, are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private sector business. The statement of net assets presents information on all the City's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements can be found on pages 15 and 16 of this report. B. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City has only one fund type: governmental funds. 7 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2004 Fund Financial Statements (continued) Governmental funds are used to account for essentially the same functions reported as governmental activities in nt the government -wide financial statements. However, unlike the government -wide financial statemes, governmental fund financial statements focus on Howand outflows s Such infonnat�onsma ypenbeluseful in evaluating t g e resources, as well as balances of spendable resources available at the end of the Year a government's near -term financing requirements. is Because the focus of governmental funds is narrowerthan funds with similarinformationthe gvernment-wie financial tpresentedlfor useful to compare the information presented for governmental may better governmental activities in the government -wide financial decisions. nBo By the governmentalsfund balance sheetand the long-term impact of the City's near -term financing g the statement of revenues, expenditures and changes activities.b balances provide reconciliations to facilitate this comparison between governmental funds and go The governmental fund financial statements can be found on pages 18 through 22 of this report. C. Notes to Basic Financial Statements ing of the The notes provide additional information that is esseThe notesial for to basic financial stdatements can be found on pages rovided in the government -wide and fund financial statements. 25 through 40 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS as a useful indicator of As noted earlier, net assets may serve over time of net assets as of September financial 30, 2004 position The following table reflects the condensed government -wide statement City of Okeechobee, Florida Statement of Net Assets $ , 2 ,24616 7,8,616 Current and other assets 398 Capital assets 12,105,014 Total assets 1,032,065 Other liabilities 759,102 Noncurrent' liabilities 1,791,167 Total liabilities Net assets: 4,313,792 Invested in capital assets, net of related debt 812,545 Restricted 5,187,510 Unrestricted $ 10,313,847 Total net assets CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2004 Governmental Activities Governmental activities increased the City's net assets by $ 1,790,233, as reflected in the table below: City of Okeechobee, Florida Statement of Activities REVENUES: Program revenues: Charges for services $ 530,981 Operating grants and contributions 649,861 Capital grants and contributions 1,421,137 General revenues: Property taxes 1,486,859 Public utility taxes 686,022 Franchise fees 354,733 Investment income and other 1,331,608 Total revenues 6,461,201 EXPENSES: General government 931,622 Public safety 2,518,871 Transportation 551,445 Physical environment 634,203 Interest on long-term debt 34,827 Total expenses 4,670,968 Change in net assets 1,790,233 NET ASSETS, beginning 8,523,614 NET ASSETS, ending $ 10,313,847 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2004 FUND FINANCIAL ANALYSIS As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $5,438,766, an increase of $228,362 in comparison with the prior year. Approximately 65 percent of this total amount, $3,536,947, constitutes unreserved fund balance, which is available for spending at the government's discretion. The remainder of fund balance is reserved to indicate that it is not available for new spending because it has already been committed 1) for community development project expenditures of $1,817,158, and 2) for a variety of other restricted purposes $84,661. The general fund is the chief operating fund of the City. At the end of the current fiscal year, unreserved fund balance of the general fund was $5,449,849, while total fund balance was $5,520,052. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Both unreserved fund balance and total fund balance represent approximately 100% of total general fund expenditures. The Industrial Development Capital Project fund has a fund balance deficit of $(88,788). The net decrease in fund balance during the current year in the Industrial Development Capital Project fund was $(52,233). The funds were expended for development costs related to the Commerce Center project. The project is being funded on a reimbursement basis with federal and state grant funds. The grants do not allow for the cost of the grant administrator consultant fees, the engineering inspection fees, or for certain costs that were incurred before the grant was in place. The City may be required to absorb these costs. The Downtown Redevelopment Capital Project fund is a newly created fund and has a fund balance deficit of $(6,956) as of September 30, 2004. This downtown redevelopment project is also being funded on a reimbursement basis with federal and state grant funds. Just as the grants funding the Commerce Center, these grants do not allow for reimbursement of the cost of the grant administrator consultant fees, the engineering inspection fees, and certain costs that were incurred before the grant was in place. The City will absorb the costs of the downtown redevelopment not funded by the grants. General Fund Budgetary Highlights There was no change to the amount appropriated for expenditures of $5,583,040. The amounts expended in the categories of general government, public safety, transportation and debt service exceeded the budgeted amount by a total of $41,977 which was offset by expenditures of $108,979 less than the budgeted amounts for physical environment and capital outlay resulting in net expenditures of $67,002 less than budgeted. The expenditures in excess of appropriation were mostly due to additional personnel costs as a result of the 2004 hurricanes. CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis 30, 2004 CAPITAL ASSETS AND LONG-TERM LIABILITIES Capital assets. The City's investment in capital assets for its governmental funds as of September 30, 2004, amounts to $4,880,398 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, equipment, and construction in progress. During the year, the City's net capital asset balance increased $1,298,813 from $3,581,585. Major changes to capital assets during the current fiscal year included the following: • Entered into a lease for twenty two police vehicles. • Sold 20 used police vehicles. • Construction of the sidewalks and park for downtown redevelopment began. • Construction of the infrastructure for the Commerce Center began. • Sold Commerce Center lots. City's Capital Assets (net of depreciation) Land Buildings Improvements other than building Equipment Construction in progress Total 1,304,465 1,278,582 65,816 846,294 1,385,241 $ 4,880,398 Additional information on the City's capital assets can be found in note 4.C. on page 36 of this report. Long-term Liabilities. City's Outstanding Debt Long-term Liabilities Note payable Capital leases Compensated absences Total $ 178,809 387,796 192,497 $ 759,102 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2004 The City's long-term liabilities decreased $275,272 (27 percent) during the current fiscal year. The decrease is due to making the regularly scheduled payments without incurring new substantial debt. The only increases in long-term liabilities are the addition of the new capital lease for the new police cars and additional liability for compensated absences. These were offset by the sale of the old police cars and payoff of the amount owed on the related lease and by the use and payout of compensation for leave. Additional information on the City's long-term debt can be found in note 4.F. and G. on page 38 of this report. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET The City Council maintained the millage rate of 7.1899 for fiscal year 2005. Revenues for the fiscal year 2005 adopted budget for all funds of the City total approximately $13,200,000 a decrease of 5.7% from the prior year budget for all funds of approximately $14,000,000. The major changes occur in the Debt Service Fund, Law Enforcement Special Fund, Industrial Development Fund and CDBG Grant Fund. Expenditures for the fiscal year 2005 adopted budget for all funds of the City total approximately $ 8,700,000, a decrease of approximately 5.4% from the prior year budget for all funds of approximately $9,200,000. The major changes occur in the Debt Service Fund, Law Enforcement Special Fund, Industrial Development Fund and CDBG Grant Fund. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the City of Okeechobee's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, Florida 34974. BASIC FINANCIAL STATEMENTS CITY OF OKEECHOBEE, FLORIDA Statement of Net Assets - Governmental Activities September 30, 2004 ASSETS Cash and cash equivalents $ 4,826,927 Accounts receivable 136,392 Due from other governments 1,501,406 Inventories 21,081 Overfunded pension costs 738,810 Capital assets: Nondepreciable Land 1,304,465 Construction in progress 1,385,241 Depreciable, net of accumulated depreciation Buildings 1,278,582 Improvements other than buildings 65,816 Equipment 846,294 Total assets 12,105,014 LIABILITIES Accounts payable 865,768 Retainage payable 104,571 Accrued expenses 24,869 Deferred revenue 36,857 Noncurrent liabilities: Due within one year 250,820 Due in more than one year 508,282 Total liabilities 1,791,167 NET ASSETS Invested in capital assets, net of related debt 4,313,792 Restricted for: Law enforcement 21,969 Debt service 48,937 Public facilities 741,639 Unrestricted 5,187,510 Total net assets $ 10,313,847 The accompanying notes are an integral part of this financial statement. 15 r- CITY OF OKEECHOBEE, FLORIDA Statement of Activities - Governmental Activities Year Ended September 30, 2004 Program Revenues Net (Expense) Operating Capital Revenue and Charges for Grants and Grants and Changes in Functions/Programs Expenses Services Contributions Contributions Net Assets General government $ 931,622 $ 445,620 $ 152,300 $ - $ (333,702) Public safety 2,518,871 44,911 35,847 - (2,438,113) Transportation 551,445 40,450 461,714 1,421,137 1,371,856 Physical environment 634,203 - - - - (634,203) (34,827) Interest on long term debt 34,827 - - Total governmental activities $4,670,968 $ 530,981 $ 649,861 $ 1,421,137 (2,068,989) General revenues Property taxes 1,486,859 Public utility taxes 686,022 Franchise fees 354,733 Shared revenues not restricted to specific programs 1,122,288 Unrestricted investment earnings 72,626 Miscellaneous 25,633 Gain on sale of capital assets 111,061 Total general revenues 3,859,222 Change in net assets 1,790,233 Net assets, beginning 8,523,614 Net assets, ending $ 10,313,847 The accompanying notes are an integral part of this financial statement. 16 CITY OF OKEECHOBEE, FLORIDA Balance Sheet - Governmental Funds September 30, 2004 Industrial Downtown Development Redevelopment General Capital Project Capital Project ASSETS Cash and cash equivalents Accounts receivable Due from other governments Due from other funds Inventory Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Retainage payable Accrued expenses Due to other funds Deferred revenue Total liabilities Fund balances: Reserved for: Encumbrances Inventory Law enforcement Debt service Public facilities Unreserved, undesignated Total fund balances Total liabilities and fund balances $ 4,566,090 $ 246,379 $ - 136,392 - - 411,104 816,464 273,838 619,069 - - 21,081 - - $ 5,753,736 $ 1,062,843 $ 273,838 $ 156,983 $ 576,012 $ 132,773 - 76,159 28,412 39,844 - - - 499,460 119,609 36,857 - - 233,684 1,151,631 280,794 49,122 21,081 48,937 741,639 4,659,273 5,520,052 $ 5,753,736 1,759,912 (1,848,700) (88,788) $ 1,062,843 57,246 (64,202) (6,956) $ 273,838 Amounts reported for governmental activities in the statement of net assets are different because: Negative net pension obligation resulting from overfunding of the police officers'and firefighters' pension plans Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. Long-term liabilities, including capital leases and notes payable are not due and payable in the current period and therefore are not reported in the funds. Net assets of governmental activities The accompanying notes are an integral part of this financial statement. 18 Total Nonmajor Governmental Fund Funds 14,458 14,458 $ 14,458 $ 4,826,927 136,392 1,501,406 619,069 21,081 $ 7,104,875 $ 865,768 104,571 39,844 619,069 36,857 1,666,109 1,866,280 21,081 14,458 3,536,947 5,438,766 738,810 4,880,398 (744,127) $ 10,313,847 IF CITY OF OKEECHOBEE, FLORIDA Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds Year Ended September 30, 2004 Revenues Taxes Intergovernmental Charges for services Licenses and permits Fines and forfeitures Interest and other Miscellaneous Total revenues Expenditures Current: General government Public safety Transportation Physical environment Capital outlay Debt service: Principal retired Interest Total expenditures Deficiency of revenues under expenditures Other financing sources (uses) Capital lease proceeds Proceeds from sale of capital assets Total other financing sources Net change in fund balances Fund balances, beginning of year Fund balances, end of year General $ 2,324,853 2,023,360 286,247 143,872 50,311 72,430 25,633 4,926,706 916,050 2,339,672 634,203 320,962 569,332 687,175 34,827 5,502,221 (575,515) 431,756 438,821 870,577 295,062 5,224,990 $ 5,520,052 Industrial Development Capital Project 1,116,464 39 1,116,503 287 294,040 1,050,828 1,345,155 (228,652) 176,419 176,419 (52,233) (36,555) $ (88,788) The accompanying notes are an integral part of this financial statement. 20 Downtown Total Redevelopment Nonmajor Governmental Capital Project Fund Funds $ _ $ - $ 2,324,853 304,634 - 3,444,458 _ - 286,247 _ - 143,872 - 2,100 52,411 - 197 72,666 _ - 25,633 304,634 2,297 6,350,140 _ - 916,337 - 7,910 2,347,582 _ - 634,203 20,515 - 635,517 291,075 1,898 1,913,133 _ - 687,175 _ - 34,827 311,590 9,808 7,168,774 (6,956) (7,511) (818,634) _ - 431,756 _ - 615,240 _ - 1,046,996 (6,956) (7,511) 228,362 - 21,969 5,210,404 $ (6,956) $ 14,458 $ 5,438,766 21 CITY OF OKEECHOBEE, FLORIDA Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2004 Net change in fund balances - total governmental funds $ 228,362 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. 1,802,992 The net effect of various miscellaneous transactions involving capital assets (i.e. sales, trade ins, and donations) is to decrease net assets. (504,179) The net effect of overfunded pension contributions that are reported as expenditures in the fund financial statements and are recorded as a net pension asset on the statement of net assets. (12,194) The issuance of long-term debt (capital lease) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. This amount is the net effect of these differences in the treatment of long-term debt and related items. 255,419 Compensated absences reported in the statement of activities when earned, as they do not require the use of current financial resources. They are not reported as expenditures on governmental funds until they have matured. This is the amount of compensated absences reported in the statement of activities in the prior year, that has matured in the current year. 19,833 Change in net assets of governmental activities $ 1,790,233 22 CITY OF OKEECHOBEE, FLORIDA Statement of Fiduciary Net Assets - Pension Trust Funds September 30, 2004 Assets Cash and cash equivalents Receivables Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund Balances Reserved for pension benefits Total liabilities and fund balances COMPONENT UNIT Municipal General Police Municipal Employees' Officers' Firefighters Total Pension Trust $ 3,718,349 $ 1,596,655 $ 5,315,004 $ 3,890,542 70,959 18,107 89,066 128,905 $ 3,789,308 $ 1,614,762 $ 5,404,070 $ 4,019,447 $ 16,453 $ 10,212 $ 26,665 $ 48,822 3,772,855 1,604,550 5,377,405 3,970,625 $ 3,789,308 $ 1,614,762 $ 5,404,070 $ 3,970,625 The accompanying notes are an integral part of this financial statement. 23 CITY OF OKEECHOBEE, FLORIDA Statement of Changes in Fiduciary Net Assets - Pension Trust Funds Year Ended September 30, 2004 Additions Contributions State City Employees Total contributions Investment earnings: Net increase in the fair value of investments Interest and dividends Less investment expense Net investment income Total additions Deductions Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year Municipal Police Municipal Officers' Firefighters COMPONENT UNIT General Employees' Total Pension Trust $ 118,288 $ 46,239 $ 164,527 $ - 88,574 600 89,174 217,708 40,698 20,499 61,197 140,964 247,560 67,338 314,898 358,672 307,974 132,687 440,661 302,360 878 389 1,267 1,072 308,852 133,076 441,928 303,432 (23,235) (10,048) (33,283) (24,455) 285,617 123,028 408,645 278,977 533,177 190,366 723,543 637,649 138,740 10,159 148,899 134,077 9,414 535 9,949 67,833 17,093 15,920 33,013 16,693 165,247 26,614 191,861 218,603 367,930 163,752 531,682 419,046 3,404,925 1,440,798 4,845,723 3,551,579 $ 3,772,855 $ 1,604,550 $ 5,377,405 $ 3,970,625 The accompanying notes are an integral part of this financial statement. 24 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE CONTENTS PAGE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity 27 B. Government -wide and Fund Financial Statements ki 27 C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation 28 D. Assets, Liabilities, and Net Assets or Equity 29 1. Cash and investments 29 2. Receivables and payables 30 3. Prepaid items 31 4. Capital assets 31 kv 5. Compensated absences 31 6. Long-term obligations 31 7. Fund equity 32 8. Restatement of fund balance/net assets 32 2. RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS A. Explanation of certain differences between the governmental fund balance sheet and the government -wide statement of net assets 32 B. Explanation of certain differences between the governmental fund statement of revenues, expenditures, and changes in fund balances and the government -wide statement of activities 33 3. STEWARDSHIP COMPLIANCE AND ACCOUNTABILITY A. Budgetary information 34 4. DETAILED NOTES ON ALL FUNDS A. Deposits and investments 34 B. Receivables 36 10 C. Capital assets 36 D. Interf nid receivables, payables, and transfers 37 E. Capital lease 37 19 F. Notes Payable 38 G. Changes in long-term liabilities 39 5. OTHER INFORMATION A. Risk Management B. Retirement Commitments - Defined Benefit Plans 39 39 25 CITY OF OKEECHOBEE, FLORWA Notes to Financial Statements September 30, 2004 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. REPORTING ENTITY The City of Okeechobee (the City) was originally incorporated in 1915 and its present charter was adopted in 1919 under Chapter 8318 of Special Acts of 1919. The City operates under the council form of government and provides the following services: general government, public safety, transportation, and physical environment. These financial statements present the primary government and its component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are combined with data of the primary government. The City has no blended component units. Discretely presented component units are entities that are legally separate from the City, but whose relationship with the City are such that the exclusion would cause the City's financial statements to be misleading or incomplete. The financial data of these entities are reported in a separate column in the combined financial statements. Discretely Presented Component Unit City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System — Substantially all of the City's general employees and the employees of the Okeechobee Utility Authority participate in this cost sharing, multiple employer public employee retirement system. The plan was established by City Ordinance No. 655, as amended and restated by City Ordinance No. 686. Complete financial statements for this component unit may be obtained from the City's administrative offices located at: 55 S. E. Third Avenue Okeechobee, Florida 34974 B. GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS In fiscal year 2004, the City changed accounting policies related to financial reporting by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments. The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. Governmental activities are those which normally are supported by taxes and intergovernmental revenues. Likewise the primary government is reported separately from certain legally separate component units for which the primary government is financially accountable. The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program reve- nues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) B. GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (CONTINUED) Separate financial statements are provided for governmental funds and fiduciary funds, even though the latter are excluded from the government -wide financial statements. Major individual governmental funds are reported as separate columns in the fund financial statements. C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, charges for services, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. The government reports the following major governmental funds: The general fund is the government's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The industrial development capital project fund accounts for the assets, liabilities, revenues and expenditures related to the development of the Okeechobee Commerce Center. The downtown redevelopment capital project fund accounts for the assets, liabilities, revenues and expenditures related to the construction of infrastructure and other improvements to the downtown area of Okeechobee. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT 0 PRESENTATION (CONTINUED) Additionally, the government reports the following fund types: The municipal police officers 'pension trust fund accounts for the assets, liabilities, revenues and expenses of the pension plan of the City's municipal police officers. The activity of this fund is subject to mandatory regulations, local ordinances and the policies of the governing board. The municipal firefighters' pension trust fund accounts for the assets, liabilities, revenues and expenses of the pension plan of the City's municipal firefighters. The activity of this fund is subject to mandatory regulations, local ordinances and the policies of the governing board. Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in the government -wide financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. w The effect of interfund activity has been eliminated from the government -wide financial statements. y Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Expenses for compensated absences are allocated based on the assigned function of the related employee. When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first, then unrestricted resources as they are needed. D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY I. Cash and investments State statutes authorize the government to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest -bearing time deposits or savings accounts in qualified public depositories, and direct obligations of the U. S. Treasury. Investments in the Local Government Surplus Funds Trust Fund, a 2a-7 like pool, are carried at amortized cost, which approximates fair value. A "2a-7 like pool" is an external investment pool that is not registered with the SEC as an investment company, but nevertheless has a policy that it will, and does, operate in a manner consistent with the SEC's Rule 2a-7 of the Investment Company Act of 1940, which comprises the rules governing money market funds. Thus, the pool operates essentially as a money market fund. The fair value of the position in the pool is the same as the share value of the pool share. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2004 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 1. Cash and investments (continued) The City pools the investments of its governmental funds. Investment earnings of the pool are allocated to the participating funds at the end of each month based on the ratio of each participant funds' investment to the total pooled investment. For purposes of the fiduciary funds, cash and cash equivalents include cash deposits and cash funds held in broker accounts. Within the pension trust fund, the City of Okeechobee Police Officers' and Firefighters' Retirement System is authorized within certain limitations by its governing board to invest in time, savings, and money market deposits, obligations of the U.S. government and government agencies, stocks, commingled funds administered by national or state banks, mutual funds, bonds, and foreign securities. The City of Okeechobee General Employees' Retirement System is authorized within certain limitations by its governing board to invest in certificates of deposit, repurchase agreements, commercial paper, obligations of the U.S. government and government agencies, stocks, bonds, and foreign securities. Pension trust fund investments are reported at fair value. Short-term investments are reported at cost, which approximates fair value. Securities traded on a national or international exchange are valued at the last reported sales price. Investments that do not have an established market are reported at estimated fair value. Gains and losses from the sale or exchange of investments are recognized on the transaction date. The difference between the excess of fair value over cost represents unrealized gains. Z Receivables and payables All trade and property tax receivables are considered to be fully collectible. The City's property tax is levied annually on the real and personal property located in the City on January 1 st of the prior year. Tax collections by the Okeechobee County tax collector begin in November of each year with a due date of March 31 of the following year. All property taxes remaining unpaid at May 30 are subject to a tax certificate sale. The City is permitted by state law to levy taxes up to 10 mills on assessed valuation for the General Fund. The tax rate for the fiscal year was 7.1899 mills. The City Council determines the millage rates and adopts a tax levy by resolution prior to September 30 to fund the next ensuing fiscal year's budget. The assessment of all properties and collection of municipal taxes are provided by the County's Property Appraiser and Tax Collector. The ad valorem tax calendar is as follows: Lien date - January 1 Levy date - Prior to September 30 Due date - November 1 Delinquent date - April 1 30 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 2. Receivables and payables (continued) All property taxes remaining unpaid at May 30 are subject to a tax certificate sale by the Tax Collector. 3. Prepaid items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. 4. Capital assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Property, plant, and equipment is depreciated using the straight line method over the following estimated useful lives: Assets Buildings Building improvements Vehicles Equipment S. Compensated absences Years 25-60 12-20 10 5-15 It is the government's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. All sick and vacation pay is accrued when incurred in the government -wide financial statements A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee resignations and retirements. 6. Long-term obligations In the government -wide financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net assets. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2004 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 6. Long-term obligations (continued) In the governmental fund financial statements, the face amount of debt issued is reported as other financing sources. The City has no bond premiums, discounts, or issuance costs associated with its long-term obligations. 7. Fund equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Reserves for encumbrances represent amounts remaining on outstanding purchase orders and contracts that are not available for appropriation. Reserves for inventory represent amounts paid from current resources for use in future years that are not available for appropriation. Reserves for law enforcement, debt service, and public facilities represent amounts that are legally restricted by outside parties for specific purposes. 8. Restatement of fund balance/net assets With the implementation of GASB Statement No. 34, adjustments have been made to beginning net assets to report the cumulative effect of these changes: Add: Overfunded pension costs $ 751,004 Cost of capital assets 4,565,261 Less: Accumulated depreciation of capital assets (983,676) Long-term liabilities (1,019,379) Total adjustment 3,313,210 Net assets — beginning of the year, as previously reported 5,210,404 Net assets — beginning of the year, as restated $ 8,523,614 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS A. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS The governmental fund balance sheet includes a reconciliation between fund balance -total governmental funds and net assets -governmental activities as reported in the government -wide statement of net assets. One element of that reconciliation explains that "long-term liabilities, including bonds payable, if any, are not due and payable in the current period and therefore are not reported in the funds". The details of this $744,127 difference are as follows: CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (CONTINUED) A. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS (CONTINUED) Notes payable $ 178,809 Capital leases payable 387,796 Compensated absences 177,522 Net adjustment to reduce fund balance - total governmental funds to arrive at net assets -governmental activities $ 744,127 B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES The governmental fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net changes in fund balances - total governmental funds and changes in net assets of governmental activities as reported in the government -wide statement of activities. One element of that reconciliation explains that "governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense". The details of this $1,802,992 difference are as follows: Capital outlay Depreciation expense $ 2,031,035 (228,043) Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net assets ofgovernmental activities $ 1,802,992 Another element of that reconciliation states that "The net effect of various miscellaneous transactions involving capital assets (i.e., sales, trade-ins, and donations) is to decrease net assets". The details of this $(504,179) difference are as follows: In the statement of activities, only the gain on the sale of capital assets is reported. However, in the governmental funds, the proceeds from the sale increase financial resources. Thus, the change in net assets differs from the change in fund balance by the cost of the capital assets sold. $ (483,453) The statement of activities reports losses arising from the disposal of capital assets. However, these disposals do not appear in the governmental funds because the assets are not financial resources. (20,726) Net adjustment to increase net changes in fund balances — total governmental funds to arrive at changes in net assets of governmental activities $ (504,179) CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (CONTINUED) B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES (CONTINUED) Another element of that reconciliation states that "the issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. The details of this $255,419 difference are as follows: Debt issued or incurred: $ (431,756) Capital lease financing Principal repayments 687,175 Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities $ 255,419 NOTE 3 — STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. BUDGETARY INFORMATION With the implementation of GASB Statement No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments, the City has elected to disclose all budgetary information in the notes to the required supplementary information on page 42. NOTE 4 — DETAILED NOTES ON ALL FUNDS A. DEPOSITS AND INVESTMENTS Banks and savings and loans must meet the criteria to be a qualified public depository as described in the Florida Security for Public Deposits Act in accordance with Chapter 280, Florida Statutes before any investment of public funds can be made with them. At year end, the carrying amount of the City's (Primary Government) deposits was $1,731,620 and the bank balance was $1,910,036. Monies invested in amounts greater than the FDIC insurance coverage are secured by the banks pledging securities with the State Treasurer in the multiple financial institutions collateral pool. The investment of municipal funds is authorized by local ordinance and Florida Statutes which allow the City to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest -bearing time deposits or savings accounts in qualified public depositories, direct obligations of the U.S. Treasury, commercial paper with certain ratings, pre -refunded municipal obligations, banker's acceptances maturing within one year, investment agreements, direct and general long-term and short-term obligations of any state with proper credit rating and full faith and credit pledge, municipal obligations with proper credit rating and repurchase agreements with maturities of 30 days or less with organizations with certain stipulations and requirements. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 4 — DETAILED NOTES ON ALL FUNDS A. DEPOSITS AND INVESTMENTS (CONTINUED) The Municipal Police Officers' and Firefighters' pension trust funds are authorized to invest in annuity and life insurance contracts; insured time or savings accounts of banks, saving and loan associations, and credit unions; obligations of the U.S Government or agencies thereof, bonds issued by the State of Israel; stocks, commingled funds administered by national or state banks, mutual funds, bonds, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; foreign securities up to 10% of the fund assets; and real estate, provided the cost is no more than 10%. The City of Okeechobee and the Okeechobee Utility Authority Employees' Retirement System (Discretely Presented Component Unit) is authorized to invest in annuity and life insurance contracts; insured time or savings accounts of banks or savings and loan associations; obligations of the U.S Government or agencies thereof; bonds issued by the State of Israel; and bonds, stocks, commingled funds administered by national or state banks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided the security is traded on a nationally recognized exchange and holds a rating in one of the three highest classifications. Investments are categorized into these three categories of credit risk: (1) Insured or registered, or securities held by the government or its agent in the government's name. (2) Uninsured and unregistered, with securities held by the counterparty's trust department or agent in the government's name. (3) Uninsured and unregistered, with securities held by the counterparty, or by its trust department or agent, but not in the government's name. At year end, the primary government's investment balances included in cash and cash equivalents are as follows: Investments not subject to categorization: State Board of Administration $ 3,095,307 At year end, the Pension Trust Funds' investment balances were as follows: Category 3: Mutual funds $ 9,169,270 Money market funds 36,276 Total General Employee's Pension Trust Fund investments $ 9,205,546 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES Receivables as of September 30, 2004 are as follows: Municipal Municipal Component Unit Police Officers' Firefighters' General Pension Pension Employees General Fund Trust Trust Pension Trust Franchise/Utility taxes $ 113,981 $- Garbage - 8,505 - - - Contributions - 36,819 3,413 94,844 Other 13,906 34,028 14,660 33,984 Interest - 112 34 77 Receivables, net $ 136,392 $ 70,959 $ 18,107 $ 128,905 C. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2004 was as follows: Beginning Ending Balance Increases Decreases Balance Governmental activities: Capital assets, not being depreciated: Land $ 1,307,089 $ 76,462 $ (79,086) $ 1,304,465 Construction in progress - 1,385,241 - 1,385,241 Total capital assets, not being depreciated 1,307,089 1,461,703 (79,086) 2,689,706 Capital assets, being depreciated: Buildings 1,527,109 37,546 - 1,564,655 Improvements other than buildings 155,606 - - 155,606 Equipment 1,576,457 531,786 (484,331) 1,622,912 Total capital assets being depreciated 3,258,172 569,332 (484,331) 3,343,173 Less accumulated depreciation for: Buildings (236,413) (49,660) - (286,073) Improvements other than buildings (79,417) (10,373) - (89,790) Equipment (667,846) (168,010) 59,238 (776,618) Total accumulated depreciation (983,676) (228,043) 59,238 (1,152,481) Total capital assets, being depreciated, net 2,274,496 341,289 (425,093) 2,190,692 Governmental activities capital assets, net $ 3,581,585 $ 1,802,992 $ (504,179) $ 4,880,398 With the implementation of GASB Statement No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments, beginning balances and accumulated depreciation for governmental activities has been restated as of October 1, 2003. The City has recorded capital additions under the line items where they were originally budgeted. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements ber 30, 2004 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) C. CAPITAL ASSETS (CONTINUED) Depreciation expense was charged to functions /programs of the government as follows: Governmental activities: General government Public safety Physical environment Total depreciation expense - governmental activities D. INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS The composition of interfund balances as of September 30, 2004, is as follows: Due to/from other funds: Receivable Fund General General Total Payable Fund Downtown Redevelopment Industrial Development $ 17,269 174,126 36,648 $ 228,043 Amount $ 119,609 499,460 $ 619,069 The City began two capital projects that will be funded by federal and state grants on a reimbursement basis. The City advanced funds from the General Fund to the Capital Project Funds for the payment of the project costs. Once reimbursement is received under the grants the advances will be repaid. E. CAPITAL LEASE The government has entered into a lease agreement as lessee for fmancing the acquisition of certain vehicles for the police, fire and public works departments. This lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of its future minimum lease payments as of the inception date. The assets acquired through the capital lease are as follows: Asset: Vehicles $ 431,756 Less: Accumulated depreciation (21,588) Total $ 410,168 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL LEASE (CONTINUED) Obligations of governmental activities under the capital lease at September 30, 2004, were as follows: Year Ending Sept. 30, 2005 2006 2007 2008 2009 Total F. NOTES PAYABLE Principal $ 54,967 57,098 110,216 131,780 33,735 $ 387,796 Notes payable as of September 30, 2004 are as follows: Interest $ 14,033 11,903 9,207 4,450 322 $ 39,915 5.25% gas tax revenue note to a bank, payments of $99,682, including interest, due semi-annually through December 30, 2004; collateralized by and payable from a pledge of the City's share of the local option gas tax, municipal tax on motor fuels and motor fuel rebate 5.527% note to a bank, payment of $40,000, including interest, due annually through October 1, 2003 with final payment due October 2004 of $27,171; collateralized by annually budgeted non -ad valorem revenues 4.75% note to a bank, payments of $29,899, including interest, due annually through March 8, 2006, unsecured Annual debt service requirements to maturity for the notes are as follows: Year Ending Sept. 30, Principal Interest 2005 $ 150,266 $ 5,324 2006 28,543 1,356 Total $ 178,809 $ 6,680 Total $ 69,000 69,001 119,423 136,230 34,057 $ 427,711 $ 97,325 25,692 55.792 $ 178,809 Total $ 155,590 29,899 $ 185,489 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) G. CHANGES IN LONG-TERM LIABILITIES Long-term liability activity for the year ended September 30, 2004, was as follows: Beginning Rnlnnre Governmental activities: Notes payable $ 428,006 Capital lease 394,018 Compensated absences 212,330 Long-term liabilities $ 1,034,354 Ending Due Within Additions Reductions Balance One Year $ - $ (249,197) $ 178,809 $ 150,266 431,756 (437,978) 387,796 54,967 39,900 (59,733) 192,497 45,587 $ 471,656 $ (746,908) $ 759,102 $ 250,820 For the governmental activities, compensated absences and capital leases are generally liquidated by the general fund. NOTE 5 — OTHER INFORMATION A. RISK MANAGEMENT The City is exposed to various risks of loss, including, but not limited to theft, damage or destruction of its buildings, equipment, records, and monetary assets, and liability for personal injury, property damage, and consequences of employee and public official actions. The City participates in a non -assessable public risk pool to cover significant loss exposure and purchases commercial insurance for third party pollution liability coverage. The pool maintains a loss reserve and purchases specific excess insurance, aggregate excess insurance, and multiple loss coverage from commercial carriers and underwriters. B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS Plan Descriptions — The City contributes to two single -employer defined benefit pension plans: City of Okeechobee Municipal Police Officers' Pension Trust Fund and City of Okeechobee Municipal Firefighters' Pension Trust Fund (the Plans). The Plans provide retirement, disability, and death benefits to plan members and their beneficiaries. Chapters 185 and 175 of the Florida Statutes establish the minimum benefits and the minimum standards for the operation and funding of the Police Officers' and the Firefighters' Municipal Pension Trust Funds, respectively. Per City Ordinances Nos. 750 and 749, sole responsibility for administering the Plans is vested in the Board of Trustees of each plan. The Boards cannot amend the provisions of the plans without the approval of the City. The Plans issue publicly available financial reports that include financial statements and required supplementary information. The reports are available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. Funding Policies — The contribution requirements of plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 5% of their annual covered salary for the Police Officers' and Firefighters' Municipal Trust Funds. The City is required to contribute an amount equal to the difference in each year between the total aggregate member contributions for the year, plus state contributions for such year, and the normal cost for the year, as shown by the most recent actuarial valuation of the plan; the current rate is 12.17% for the Police Officers' plan. The City is not required to make a contribution for the year to the Firefighters' plan since the member contributions plus the state contributions are in excess of the normal cost for the year as shown by the most recent actuarial valuation of the plan. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2004 NOTE 5 — OTHER INFORMATION B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS (CONTINUED) The City recognized as revenues and expenditures on -behalf payments relating to pension contributions for its public safety employees that the State of Florida paid to the Police Officers' and Firefighters' Plans in the amounts of $118,288 and $46,239, respectively. These contributions are funded by an excise tax upon certain casualty insurance companies on their gross receipts of premiums from policy holders. Annual Pension Cost — The annual required pension contributions for the Plans were determined as part of the October 1, 2004 actuarial valuations using the aggregate actuarial cost method. The aggregate actuarial cost method does not identify or separately amortize unfunded actuarial liabilities. The actuarial assumptions included (a) 7% investment rate of return (net of administrative expenses) and (B) projected salary increases of 6% for the Police Officer's Trust and 7% for the Firefighter's Trust. Both (a) and (b) included an inflation component of 4%. The actuarial value of assets was determined using a method which recognizes actual investment return in excess of the assumed return evenly over a four year period. Trend information for each of the City's defined benefit plans: Municipal Police Officers' Municipal Firefighters' Annual Year Pension Ending Cost (APC) 9/30/02 $ 9/30/03 9/30/04 9/30/02 9/30/03 9/30/04 Pension Plan — Discretely Presented Component Unit 115,163 189,862 200,959 21,681 46,507 45,897 Percentage Of APC Contributed 93 % 91 93 256 % 116 102 Net Pension Obligation $ (406,629) (388,171) (375,035) $ (355,293) (362,833) (363,775) Plan Description - The City contributes to the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System (the System), a cost -sharing multiple employer defined benefit pension plan administered by the System's Board of Trustees. The System provides retirement, disability, and death benefits to plan members and their beneficiaries. The Board of Trustees is authorized by City Ordinance No. 686 to establish and amend all plan provisions. The System issues a publicly available financial report that includes financial statements and required supplementary information. That report is available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. Funding Policy — The contribution requirements of the plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 6% of their covered annual salary. The City is required to contribute at an actuarially determined rate; the current rate is 9.8% of covered payroll. The City's contributions for the years ended September 30, 2004, 2003, and 2002 were $65,511, $56,715, and $31,324, respectively, and were equal to the required contributions for each year. CITY OF OKEECHOBEE, FLORIDA Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual General Fund Year Ended September 30, 2004 Revenues Taxes Intergovernmental Charges for services Licenses and permits Fines and forfeitures Interest Miscellaneous Total revenues Expenditures Current: General government Public safety Transportation Physical environment Capital outlay Debt service Principal Interest Total expenditures Deficiency of revenues under expenditures Other financing sources (uses) Capital lease proceeds Sale of capital assets Net other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing sources (uses) Fund balances, beginning of year Fund balances, end of year Reconciliation of budgetary to GAAP basis Current year encumbrances Prior year encumbrances Actual Variance with Original Final (on Budgetary Final Budget Budget Budget Basis) Positive (Negative) $ 2,262,460 $ 2,262,460 $ 2,324,853 $ 62,393 1,871,308 1,871,308 2,023,360 152,052 277,830 277,830 286,247 8,417 122,292 122,292 143,872 21,580 29,242 29,242 50,311 21,069 110,300 110,300 72,430 (37,870) 4,358 4,358 25,633 21,275 4,677,790 4,677,790 4,926,706 248,916 916,371 916,371 922,557 (6,186) 2,325,596 2,325,596 2,339,671 (14,075) 634,192 634,192 637,382 (3,190) 445,885 445,885 359,248 86,637 557,520 557,520 535,178 22,342 663,953 663,953 687,175 (23,222) 39,523 39,523 34,827 4,696 5,583,040 5,583,040 5,516,038 67,002 (905,250) (905,250) (589,332) 315,918 - - 431,756 431,756 5,000 5,000 438,821 433,821 5,000 5,000 870,577 865,577 (900,250) (900,250) 281,245 5,224,990 5,224,990 5,224,990 $ 4,324,740 $ 4,324,740 5,506,235 49,122 (35,305) $ 5,520,052 1,181,495 $ 1,181,495 The accompanying notes to required supplementary information are an integral part of this financial schedule. 42 CITY OF OKEECHOBEE, FLORIDA Notes to Required Supplementary Information September 30, 2004 A. BUDGETARY INFORMATION Annual budgets are adopted on a basis consistent with U.S. generally accepted accounting principles for all governmental funds. All annual appropriations lapse at fiscal year end. The City manager may make transfers of appropriations within a department as long as the total budget of the department is not increased. Transfers of appropriations between departments require the approval of the council. The legal level of budgetary control (i.e., the level at which expenditures may not legally exceed appropriations) is the department level. The council made several supplemental budgetary appropriations during the year. Encumbrances accounting is employed in governmental funds. Encumbrances (e.g., purchase orders, contracts) outstanding at year end are reported as reservations of fund balances and do not constitute expenditures or liabilities because the commitments will be reappropriated and honored during the subsequent year. B. EXCESS OF BUDGET EXPENDITURES OVER REVENUES For the year ended September 30, 2004, budget expenditures exceeded revenues in the General fund. However, this is pursuant to the legally adopted budget to expend available fund equity (cash carryforward) and does not constitute a deficit. 4 HOYMAN, DOBSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 215 Boytree Drive, Melbourne, Florida 32940, 327-255-0088, Fax 327-259-8648, www.hoymon.com Charles W. Hayman, Jr. Barbara J. Oswalt Thomas L. Kirk Karen E. Kirkland Deborah A. Bradley DIRECTOR EMERITUS Roger W. Dobson Independent Auditors' Report on Internal Control Over Financial Eugene K. Bjerning Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor and Members of the City Council City of Okeechobee, Florida We have audited the financial statements of the governmental activities, each major fund, and the aggregate fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2004, which collectively comprise the City's basic financial statements and have issued our report thereon dated July 18, 2005.Our report on the financial statements explained that the City implemented GASB Statement No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments, as of October 1, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We did not audit the financial statements of the fiduciary fund type and the discretely presented component unit. Those financial statements were audited by other auditors whose reports have been furnished to us, and this report, insofar as it relates to the fiduciary fund type and the discretely presented component unit, is based on the reports of the other auditors. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of Okeechobee, Florida's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we considered to be a reportable condition. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City of Okeechobee's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements, a reportable condition is described in the accompanying schedule of findings and questioned costs as item 04-1. In addition we noted an opportunity for improving internal control that we have reported to management of the City of Okeechobee, Florida in a separate letter dated July 18, 2005. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level of risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe that the reportable condition described above is a material weakness. u • American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants • SEC Practice Section of the A.I.C.PA. • CPAmerico International Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Two Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Okeechobee, Florida's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. rT-. Hoyman, Dobson & Company, P.A. July 18, 2005 HOYMApN,PUBLIC DOBSONo& COMPANY, P.A.ACCUNTANTS 275 Boytree Drive, Melbourne, Florida 32940, 327-255-0088, Fax 327-259-8648, www.hoymon.com Charles W. Hoymon, Jr Barbara J. Oswalt Thomas L. Kirk Karen E. Kirkland Deborah A. Bradley DIRECTOR EMERITUS Roger W. Dobson Eugene K. Blerning Independent Auditors' Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A-133 Honorable Mayor and Members of the City Council City of Okeechobee, Florida Compliance We have audited the compliance of the City of Okeechobee, Florida, with the types of compliance requirements described in the U. S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended September 30, 2004. The City of Okeechobee, Florida's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the City of Okeechobee, Florida's management. Our responsibility is to express an opinion on the City of Okeechobee, Florida's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City of Okeechobee, Florida's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the City of Okeechobee, Florida's compliance with those requirements. In our opinion, the City of Okeechobee, Florida, complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended September 30, 2004. Internal Control Over Compliance The management of the City of Okeechobee, Florida, is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the City of Okeechobee, Florida's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on the internal control over compliance in accordance with OMB Circular A-133. An '7J • American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants • SEC Practice Section of the A. I. C.P.A. • CPAmerica International Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Two Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants caused by error fraud that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the City Council, management, specific legislative or regulatory bodies, federal awarding agencies and pass -through entities and is not intended to be and should not be used by anyone other than these specified parties. Hoyman, Dobson & Company, P.A. July 18, 2005 50 CITY OF OKEECHOBEE, FLORMA Schedule of Findings and Questioned Costs For the Year Ended September 30, 2004 SECTION I — SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of Auditor's report issued: Internal control over financial reporting: Material weakness(es) identified? Reportable conditions(s) identified not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Awards Internal Control over major programs: Material weakness(es) identified? Reportable conditions(s) identified not considered to be material weaknesses? Type of auditor's report issued on compliance for major programs: Any audit findings disclosed that are required to be reported in accordance with Circular A-133, Section.510(a)? Identification of major programs: Unqualified X yes no yes X none reported yes X no yes X no yes X none reported Unqualified yes no CFDA Number(s) Name of Federal Program or Cluster 11.300 Public Works and Facilities Development Program 14.228 Florida Small Cities CDBG Program Dollar threshold used to distinguish between Type A and Type B programs: $ 300,000 Auditee qualified as low -risk auditee? yes X no CITY OF OKEECHOBEE, FLORIDA Schedule of Findings and Questioned Costs For the Year Ended September 30, 2004 SECTION II — FINANCIAL STATEMENT FINDINGS 04-1 RECONCILIATION OF CONSULTANT PROVIDED INFORMATION TO ACCOUNTING RECORDS Criteria: It is the responsibility of the City of Okeechobee management to design a system of internal control that provides reasonable assurance that transactions are properly recorded and accounted for to permit the preparation of reliable financial statements and federal grant reports. Condition: The City relied on an outside consultant to prepare all grant reports and grant requests for reimbursement but there was no reconciliation of the reimbursement requests to the City's accounting records. During the audit several amounts (including retainage payable) were identified that should have been recorded as payable at September 30, 2004 along with the corresponding grant revenue/receivable. Recommendation: The reports and reimbursement requests prepared by the consultant should be provided to the City's accounting department to enable reconciliation of grant expenditures and reimbursements to the general ledger accounts. A copy of the grant reimbursement request along with the reconciliation and detail support for all expenditures related to the requests should be maintained in a project file. Management's Response: The City's accounting department will be provided a copy of all reports and grant reimbursement requests prepared by the consultant to enable the reconciliation of the expenditures of federal grant funds to the general ledger accounts. The documents obtained from the consultant and the reconciliation will be maintained in a detailed project file. SECTION III — FEDERAL AWARD FINDINGS AND QUESTIONED COSTS 04-2 FILING OF ANNUAL FINANCIAL AUDIT REPORT Criteria: All local governments with an open or administratively closed Florida Small Cities Community Development Block Grant (CDBG) contract, CFDA 14.228, are required to provide the Department of Community Affairs with an annual financial audit if the local government has expended $500,000 or more in federal funds. The audit report is due annually by April 30. Condition: The City had an open CDBG contract for fiscal year 2004 and expended more than $500,000 in federal funds but did not meet the deadline for the filing of the annual audit report with the Department of Community Affairs by April 30, 2005. The delay in filing occurred because the actuary's report and the pension auditor's report were not available until the end of April and in addition, the City and its auditors needed additional time to implement GASB 34. Recommendation: We recommend the City determine if the actuary's report and the pension auditor's report can be provided at an earlier date or that an extension letter be requested from the granting agency. Management's Response: The City will contact the actuary to determine if the report can be provided by March. If this is not possible then the City will talk to the granting agency about an extension request. CITY OF OKEECHOBEE, FLORIDA Schedule of Expenditures of Federal Awards For the Year Ended September 30, 2004 Federal Program CFDA Grant Pass -Through Entity CSFA Contract Federal Program / State Project No. No. Expenditures U.S. Department of Commerce Economic Development Administration Direct Program Public Works and Facilities Development Program 11.300 U.S. Department of Housing and Urban Development Indirect Program Passed through Florida Department of Community Affairs Florida Small Cities CDBG Program Department of Homeland Security Indirect Program Passed through Florida Department of Community Affairs Federal Emergency Management Agency Total Expenditures of Federal Awards 14.228 97.036 04-01-04895 04DB-IQ-07-57-02-C O1 * $ 546,687 304,633 6,230 $ 857,550 Note A -Significant Accounting Policies: The Schedule of Expenditures of Federal Awards is a summary of the City's federal award programs presented on the modified -accrual basis of accounting in accordance with general accepted accounting principles. * Contract number not available 53 it --=-�--= HOYMAN, DOBSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 215 Baytree Drive, Melbourne, Florido 32940, 327-255-0088, Fox 327-259-8648, www.hoymon.com Charles W. Hayman, Jr. Barbara J. Oswalt Thomas L. Kirk Karen E. Kirkland Deborah A. Bradley DIRECTOR EMERITUS Roger W. Dobson Eugene K. Bjerning Independent Auditors' Management Letter Honorable Mayor and Members of the City Council City of Okeechobee, Florida We have audited the financial statements of the City of Okeechobee, Florida as of and for the fiscal year ended September 30, 2004, and have issued our report thereon dated July 18, 2005. We conducted our audit in accordance with United States generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. We have issued our Independent Auditor's Report on Compliance and Internal Control over Financial Reporting and on Compliance and Other Matters, Independent Auditor's Report on Compliance with Requirements Applicable to each Major Federal Program, and Schedule of Findings and Questioned Costs. Disclosure in these reports, which are dated July 18, 2005, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1)(g)l.a.) require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal controls or schedule of findings and questioned costs, whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected. There were no inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report. The Rules of the Auditor General (Section 10.554(1)(g)l.b.) require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal controls or schedule of findings and questioned costs, whether or not recommendations made in the preceding annual financial audit report have been followed. The status of the findings from the prior year management letter are as follows: Internal Control Over Financial Reporting Status Fixed Assets Corrected Management Letter Status 1. Receiving Reports Corrected 2. Law Enforcement Special Revenue Fund Expenditures Corrected 3. Capital Outlay and Operating Expense Classification Corrected As required by the Rules of the Auditor General (Section 10.554(1)(g)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Okeechobee, Florida complied with Section 218.415, Florida Statutes. f i herican Institute of Certified Public Accountants •Florida Institute of Certified Public Accountants • SEC Practice Section of the A.I.C.PA. • CPAmerico International t Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Two The Rules of the Auditor General (Section 10.554(1)(g)4.) require disclosure in the management letter of the following matters if not already addressed in the auditor's reports on compliance and internal controls or schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e. g., the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. We noted the following matters. Records Maintenance and Report Filin Criteria: The City should maintain files to assist with filing required grant reports and have a system in place to monitor filing requirements. Condition: During the testing of the grant project files it was noted that all relevant grant information was not included in a project file. The City relied on an outside consultant to provide guidance for grant transactions and to provide the records necessary for accountability. The consultant's contract expires during fiscal year 2005 and additional progress reports will still be required including those due in three to six years. The City does not have a system in place to monitor due dates and to file grant reports in a timely manner. Recommendation: We recommend the City update the project files and include a checklist in the front of each project file listing all items and any report dates for the specific grant to insure that all requirements are met. In addition the City should develop a system for monitoring the due dates of future reports and a system for preparing the reports in a timely manner. Management's Response: The auditors' recommendation will be followed. Project files will be updated with checklists and due dates. Also, a system for monitoring and reporting on the future due dates in a timely manner will be followed. The Rules of the Auditor General (Section 10.554(1)(g)5.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. This information is disclosed in the notes to the financial statements. As required by the Rules of the Auditor General (Section 10.554(1)(g)6.a.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit, we determined that the City of Okeechobee, Florida has not met any of the financial emergency conditions described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(1)(g)6.b.), we determined that the annual financial report for the City of Okeechobee, Florida for the fiscal year ended September 30, 2004, filed with the Department of Financial Services pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2004. As required by the Rules of the Auditor General (Sections 10.554(g)(6)c. and 10.556), we applied financial condition assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Three This report is intended solely for the information and use of the City Council, management, federal awarding agencies and pass -through entities, and the State of Florida Office of the Auditor General and is not intended to be and should not be used by anyone other than these specified parties. Hoyman, Dobson & Company, P.A. July 18, 2005 w HOYMAN, DOBSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 215 Boytree Drive, Melbourne, Florida 32940, 32 1-255-0088, Fax 32 1-259-8648, vvvvvv. hoyman. com Charles W Hoyman, Jr Barbarc J. Oswalt Thomas L Kirk Kc,en E. Kirk!cnd Deborah A Bradley DIRECOR 6MERI T JS Roger W, Dobson Eugene K Bjerning Honorable Mayor and Members of City Council The City of Okeechobee, Florida We have audited the financial statements of the City of Okeechobee, Florida for the year ended September 30, 2004, and have issued our report thereon dated July 18, 2005. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under Generally Accented Auditing Standards and Government Auditing Standards As stated in our engagement letter dated August 29, 2001, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance about whether the financial statements are free of material misstatement. Because of the concept of reasonable assurance and because we did not perform a detailed examination of all transactions, there is a risk that material errors, fraud, or illegal acts, may exist and not be detected by us. As part of our audit, we considered the internal control of the City of Okeechobee, Florida. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City of Okeechobee, Florida's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our tests was not to provide an opinion on overall compliance with such provisions. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City of Okeechobee, Florida are described in Note 1 to the financial statements. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. • American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants • SEC Practice Section of the A.1 C. P..A. • CPAmenca International Honorable Mayor and Members of City Council The City of Okeechobee, Florida Page Two Accounting Estimates Accounting estimates are an integral part of the basic financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements is the useful lives of capital assets. Management's estimate of the useful lives of capital assets is based on the historical lives of similar assets and market prices. We evaluated the key factors and assumptions used to develop the estimated useful lives in determining they are reasonable in relation to the financial statements taken as a whole. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the City of Okeechobee, Florida that could potentially cause future financial statements to be materially misstated, even though we have concluded that such adjustments are not material to the current financial statements. We proposed no audit adjustments that could, in our judgment, either individually or in the aggregate, have a significant effect on the City of Okeechobee's reporting process. Disagreements with Mana ement For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City of Okeechobee, Florida's auditors. u U Honorable Mayor and Members of City Council The City of Okeechobee, Florida Page Three However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. This information is intended solely for the use of the City Council and management of the City of Okeechobee, Florida and should not be used for any other purpose. Very truly yours, r"4��j Hoyman, Dobson & Company, P.A. July 18, 2005 ,8,5e MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Citizen Boards Vacancy and Appointments/PB—BOA—LPA—DRB DATE: September 14, 2005 Dr. Mavroides has resigned from the above noted citizen boards. The normal procedure is to move an alternate to a regular member position. Both alternates are interested in serving as a regular member, they are Terry Burroughs and John Whidden, and both were appointed at the same time, April 5, 2005. A motion would be appropriate to appoint one of them as a regular member to finish out the term ending April 30, 2007. Then, a motion would be in order to appoint a citizen to fill the alternate vacancy, the term would depend on the action taken above. Terry's term ends April 30, 2008 and John's ends April 30, 2007. We still have the following applications on file from appointments made four months ago. If you do not have your copy of their application and would like another one, please call me. They are: Daniel W. Simmons (County resident) Richard Coffman (County resident) Epifanio F. Juarez (County resident) Carol L. Johns (County resident/City business) Gary Priest (County resident) Aaron A. Kinty (County resident) Please note that these board members can be either City or County residents. The board is currently made up of all County residents, however four have city businesses. Should you have any questions or require additional information, please do not hesitate to contact me. Thank you. .5MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk t r SUBJECT: Citizen Boards Vacancy and Appointments/PB-BOA-LPA-DRB DATE: September 14, 2005 Dr. Mavroides has resigned from the above noted citizen boards. The normal procedure is to move an alternate to a regular member position. Both alternates are interested in serving as a regular member, they are Terry Burroughs and John Whidden, and both were appointed at the same time, April 5, 2005. A motion would be appropriate to appoint one of them as a regular member to finish out the term ending April 30, 2007. Then, a motion would be in order to appoint a citizen to fill the alternate vacancy, the term would depend on the action taken above. Terry's term ends April 30, 2008 and John's ends April 30, 2007. We still have the following applications on file from appointments made four months ago. If you do not have your copy of their application and would like another one, please call me. They are: Daniel W. Simmons (County resident) Richard Coffman (County resident) Epifanio F. Juarez (County resident) Carol L. Johns (County resident/City business) Gary Priest (County resident) Aaron A. Kinty (County resident) Please note that these board members can be either City or County residents. The board is currently made up of all County residents, however four have city businesses. Should you have any questions or require additional information, please do not hesitate to contact me. Thank you. 1 0 0 ExHIBIT 8 SEPTEMBER 20, 2005 55 Southeast Yd Avenue # Okeechobee, Florida 34974 # 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant Today's Date Address � �- Phone(s) yL Name of Property Owner Address Phone(s) Street to be Closed lV \-i� Dates to be Closed �: Time(s) to be Closed Purpose of Closing Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) awClean-up is required within 24 hours. twNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. uwNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. owThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. M'Dumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized. Signature Donnie Robertson Date Public Works Director Typed Name & Title . POLICE DEPARTMENT orized Signature DennyDavis Chief of Police Date Typed Name & Title Authorized Signature s Date Fire Chief Typed Name &Title ADMINISTRATION Aut or ed ignature CLERK'S OFFICE c z� Authori ed Signature Occupational and/or State License Verified: Date Date 4PPROVED/DENIED By COUNCIL ON: itehall Cit A I yped Name & Title Lane Gamiotea Ci Clerk Typed Name & Title Revised 8/05/03 Page 1 of 1 ,( ' Fu w S_tM.4 TH S_ TREET w uu z yrL _J11--III Z Muj LU > 3 ` � F I XH�� Q p El HIT 1IR TH STREET WO z NH LLI a http://www.okeechobeepa.com/GrizzIY4_tmp/OKEECHOBEE10982030262612.gif 10/19/2004 City of Okeechobee SS SE PAv Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(ii),cityofokeechobeecom * * * * *Memorandum * * * * * Date: For September 20, 2005 meeting TO: Mayor & City Council FR: City Administrator RE: Industrial Park land distribution In June I distributed a memo with ideas for developing a policy for conveying Industrial Park property (a copy of which is attached). Since that time I have not really heard much feedback but continue to receive interest in the Park. I have continued to give the message that the City has not settled on a policy. Please see the attached proposals along with some business cards I have collected from those parties. To reiterate, I can develop the policy but it will simply be what I expressed in the June Memo. I suggest that the property be dispersed based on the following: 1. The City Council must approve the project for suitability/compatibility 2. The project must be scrutinized for financial and tenure viability 3. The land will be `sold' at market price w/ the following deductions: • Employee creation will be given a priority `reward' of $xxx reduction on the sale • Job retention would result in some reduction in the land value • The resulting assessed value increase to the City would be given a value to be further applied to the land value reduction Admittedly a policy complicates matters, and perhaps now that there is a limited amount of parcels available, simply studying the `briefs' attached, may be adequate... asking them each to provide a business plan, and then picking and choosing thereafter. At any rate, I continue to receive feedback from the interested parties, requesting progress about their `application'. • • City of Okeechobee SS SE fd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a,cityofokeechobee.com * * * * *Memorandum * * * * * Date: June 10, 2005 TO: Mayor City Council City Clerk City Atty Jim LaRue, Nancy Phillips, Dale Milita FR: City Administrator RE: Industrial Park Policy At the last City Council Meeting there was discussion about an appropriate policy to distribute land in the Commerce Center. I want to share with you some thoughts on the matter just to start our deliberation. Some issues that are important to the City: • Jobs,jobs & jobs • Increased assessed value • Spin off benefit of the construction phase • Compliance to grant funding covenants • The new owner of a parcel cannot take advantage of the City acquiring property in an effort to simply gain equity. The City, as with any town, has a difficult time establishing a strict policy, as there is always need to "wiggle" inside the context of consistency. Also, if I've learned anything about economic development here, Okeechobee seems to be in a serious growth mode, which gives us the opportunity to be patient and selective. Again, please take this as simply brainstorming, but one philosophy is to mark up the property to `market value', so that we address the developer's/prospect's inability to take advantage of the City, gaining free equity, as Council Member Markham eluded to at the meeting. Step two is to evaluate the new business predicated on job retention/creation. New jobs couldbe quantified at, for example, $5000 each, and retained jobs at $2500. These predetermined amounts could then be deducted from the market price of the property, for example. A third issue is the assessed value increase and the related benefit to the City. A prospective should be rewarded for investing in our community, but to what extent is Pg 1 of 2 0 • difficult to determine. Once we know the construction costs, subsequent market value and then assessed value, we can determine a "payback" to the City. Obviously a multimillion -dollar facility should receive some consideration over a lesser investment. Perhaps a percentage of the subsequent tax receipts of a large investment could be considered in reducing the land value upfront. There is a difficulty in compliance however, as most prospects can't wait until after the building is built to gain ownership in the property because their financier requires ownership as part of their debt financing. The fallback is that the `first right -of -refusal' seems to be the only contingency that can be applied once the prospect has gained ownership. Unless the City is interested in `tax abatements' or the creation of a Tax Increment Financing (TIF) District (probably unable to qualify now for the Park anyway), or absorbing utility installation costs, it appears that the only vehicles to `reward' prospects is the land pricing and additional grant securement for infrastructure. Again, I'm not trying to be presumptuous, but I hope this perpetuates additional discussion. Please provide input and I will try to keep everyone informed as we proceed in the process. PLr2of2 0 • Adron Fence Co. Inc. C&C Ornamental Gates Inc. 2762 NW 4' Street Okeechobee 34972 (800)282-5172 (863)763-6255 To: City Council Board Members In considerstion of the sale, and purchase of the real property at the City of Okeechobee Industrial park. Adron Fence Fence Co Inc. has been a native of Okeechobee since its inception in 1972. It was established as a family business, and is now supporting a second generation. Adron Fence has 32 employees which 29 are Okeechobee residents. Our on going plan is to provide, and expand in the installation of fence products in the 8 counties that we service. Adron Fence has a gross sales anually of 3.4 million, giving us a consistent foundation for growth. C&C Ornamental Gate Inc. is a second organization that is owned by the same share holders of Adron Fence Co.. This Co. was established in 2003 and has grown expedentaly in this short period of time. The services of this Co. cover 3/4 of the State of Fl., and our goal is to distribute materials nation wide. C & C has already distributed it's products as far away as South Carolina. We started C&C after many years of unbelievably poor service and absolutely no quality in product. This promoted us to manufacture our own products for installation and whole sale came soon after. We have established a primary market for C&C of the 8 counties that Adron Fence is already committed to, which C&C inharited. This has created accounts throughout Florida for these aluminum products. This first stage of marketing which consists of development and production of brochures, and Yellow Page advertising in this 8 county area_ This investment has exceeded expectations and motivated us to accelerate the development, and production in this new company. The share holders and officers of our organizations have allocated nearly 1 million dollars to expansion. We believe with our 32 years in the industry, we have a good foundation for our fixture in the wholesale of ornamental fence products. An expansion into an industry that supports a competitor with a facility larger than 60,000 sf with approximately 70 employees. Our estimate of gross sales for this company is 30+ million a year. The property needed for phase 3, considering structures, roads/parking, retention, etc. will require approx.15 to 20 acres. This facility will need 60,000 sf for manufacturing of gate/fence products (including a powder coat assembly system, phase 2), sales and administration. Supporting structures (warehouse, shipping receiving, storage, vehicle equipment storage) of additional 30,000. The number of employees needed to run phase 3 not including any supporting jobs (admin., shipping, etc.) is estimated between 75-100. This is number is obviously effected by to marrows technology. This development will take approx. 3-5 years, pending on the over all economy of Florida. If there is a hesitancy by the board to invest this size property into one organization we would have to obtain lots 17-20 to be able to consider these potential properties for use for this facility. These lots also give us the ability to ship freight by rail (our competitors do not). Thank you for your consideration. If there is some other plan or direction that you see that will make this plan work for the board, please contact either of us and we can discuss your ideas or concerns. Again thank you for your consideration. E C� J Ross A. Chambers 4 � �Yld4�� President Adron Fence Co. Inc. Cell Phone (7720 216-0999 Travis J. Cambers President C&C Ornamental Gates Inc. Cell Phone (863) 634-7076 Lakeshore Mechanics, Inc. Business Plan Lakeshore Mechanics, Inc Strategic Business Plan Contact Gena Gray Davis (863) 467-4781 (863) 634-6484 gdavisogog@adelphia.net 1 0 • Lakeshore Mechanics, Inc. Business Plan 1.0 EXECUTIVE SUMMARY Objectives Mission Keys to Success Financial Highlights 2.0 COMPANY SUMMARY Company Ownership Investment Summary Location Table of Contents 2 • 0 Business Plan Lakeshore Mechanics, Inc. Non -Disclosure Agreement The undersigned reader acknowledges that the information provided by Lakeshore nfidential; therefore, reader agrees not to disclose Mechanic, Inc. in this business plan is co it without the express written permission of Lakeshore Mechanics, Inc. It is acknowledged by reader that information to be furnished in this business plan is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by the reader may cause serious harm or damage to Lakeshore Mechanics, Inc. and its principals. Upon request, this document is to be immediately returned. ---------------- Signature Name (typed or printed) ---------------- Date This is a business plan. It does not imply an offering of securities. 3 Lakeshore Mechanics, Inc. Business Plan 1.0 Executive Summary Lakeshore Mechanics, Inc. is a diesel repair facility located in Okeechobee Florida owned by Mr. Luis Lagos and Mr. Merlin Lopez. The facility is one of only two shops offering repair services to semi trucks and other diesel powered trucks in Okeechobee. Lakeshore was opened in July 2004, employing one full-time mechanic (Mr. Lopez), one part-time mechanic (Mr. Lagos) and one full- time assistant. Lakeshore Mechanics, Inc. was incorporated as a Florida Schedule S Corporation in September 2004. Currently the Shop services over 60 regular customers, owning an average of four semi -trucks each. Through providing competitive prices, fast tum-around times, and Spanish speaking mechanics, revenues have grown steadily over the business' 10 months of operations. As a result, the staff has been expanded to three mechanics, two helpers, a welder and a secretary. Keeping trucks running and minimizing downtime is critical to the Shop's customers. Lakeshore typically begins work on a customer's truck within hours and completes almost all repairs and maintenance on the same day. Dealer -owned repair facilities average a three to five day wait -time and a one -week turnaround. The only local competitor averages several days to perform even minor repairs. Lakeshore provides short repair times by maintaining a large parts inventory, keeping extended hours of operation and its ability to acquire necessary parts quickly through its excellent relationships with local and regional suppliers_ To meet current demand, the business has expanded operating hours to 7 a.m. to 6 p.m. six days a week. Additionally, mechanics regularly stay past closing hours and work on Sundays to better serve time -sensitive customers. The trucking industry in the United States is comprised of over 360,000 companies, 96% of which operate less than 29 trucks. America's 15.5 million trucks transport over 68% of total domestic -freight tonnage. The economic recovery of the past several years has led to a resurgence in the trucking industry. In 2004 freight volume surpassed the previous record high set in 2000- Small (less than $300 million in annual revenue) truckload carriers reported a year -over -year freight volume increase of 3.6% and a revenue increase of 11.3%. Small less -than -truckload carriers experienced 9.9% volume gains and 13.2% gains in revenues. Currently, Lakeshore Mechanics, Inc. is planning an expansion to new, larger facilities. The Shop will own its planned new location on three acres in the new Okeechobee Commerce Center. Lakeshore Mechanic will operate a state-of-the-art diesel semi4ruckk repair facility capable of performing a full range of repairs and maintenance. Existing competition in Okeechobee Florida offers limited repair capabilities, lacking modem computer and diagnostic equipment. In addition, throughput time of Lakeshore far exceeds the competition in Okeechobee as well as dealer repair facilities in surrounding towns. The new facility, planned to open in December 2005 will allow Lakeshore to service up to eight semi -trucks concurrently, add retail space for semi -truck exclusive parts currently unavailable in Okeechobee and provide tire replacement service. Once at the new facility, management intends -t to add four additional employees consisting of two full-time mechanics and assistants. Highlights of Lakeshore Mechanics, Inc Service Offering. Lakeshore Mechanics, Inc. surpasses its competition in satisfying all of its customers' most critical needs. Throughput times are far shorter than dealer facilities and local competition; almost all repairs can be performed in than a day_ In addition, Lakeshore mechanics routinely travel to their customers' location to diagnose problems and perform minor repairs. Further, all of Lakes hore `s mechanics are fluent Spanish speakers, as is a large portion of their customertasa 4 Lakeshore Mechanics, Inc. Business Plan Industry Knowledge. The two co -owners and co-founders, Mr. Luis Lagos and Mr. Merlin Lopez have over a combined 30 years of mechanical experience, concentrating on diesel vehicles and semi -trucks. Further, the principals are well known and respected as second - generation mechanics. Both have spent their entire lives in a mechanic shop and working on diesel engines and heavy equipment. In Okeechobee, they have worked diligently to establish extensive relationships with both customers and suppliers. • Aggressive Marketing. Currently, the business utilizes no marketing. Once the new facility is completed and new staff hired and trained, management will begin to aggressively market the business to local and regional trucking companies and owner operators. The principals are seeking $210,000 of debt financing to acquire land and complete construction, purchase equipment and parts inventory, secure fixtures and furnishings, recruit and train staff, and provide a solid financial base to support the business in its profitability objectives. Ultimately, the appeal of this venture lies in the combination of proven management experience and enthusiasm, effective resource planning and administration, and in depth understanding of the market segment, business opportunity, and industry. Lakeshore Mechanic is positioned to become the dominant semi -truck repair facility in Okeechobee and the surrounding area. The Company has the potential to produce excellent returns due to its established customer base, lack of competition, experienced management and customer -centric approach. Objectives Lakeshore has identified the following sets of objectives as key to its success: Business Objectives • Continually deliver reliable and fast repairs and service to all patrons. • Develop a strong customer base of satisfied customers to build referral and recognition within the target market segment. • Effectively differentiate from their competition by positioning the Company as the known leader in repair time, service and quality. • Establish Lakeshore as an important part of the local community by remaining committed to its employees and by supporting and serving local businesses. Financial Objectives • Maintain monthly revenues and profits to successfully meet debt payments immediately upon funding. • Repay the loan obligations related to relocating the business within sic years. • Effectively employ cost -containment and control measures to ensure consistent operating income_ Marketing Objecfives ; • Offer outstanding service, repair times and repair quality- t • Create and maintain an attractive, customer and employee friendly facility. • Promote differentiation through creative and widespread marketing programs. 5 0 • k horn Mechanics, Inc. La es Business Plan Mission vide superior Simply stated, it is the purposf Lakehore Mechanics, Inc. to and etail r product in an attractive and efficient repair facility. service, quality, repair times, Mechanics' goal is to operate the highest quality repair facility in the Okeechobee area and to be the service provider of choice for local trucking companies and independent owner/operators. Keys to Success • Commitment to Customer Service and Satisfaction. • Ability to Provide a Wide Range of Repair and Maintenance Services. • Provide Customers With the Fastest Turnaround Time of Any Competing Repair Facility. • Efficient Utilization of Human and Financial Capital. • Continual Participation in Programs that promote Local Business. Strong Supplier Relationships. Financial Highlights Utilizing financing and investment resources, Lakeshore Mechanics will have adequate funding to acquire targeted land and execute the property improvements essential to its differentiation and marketing strategies, while maintaining sufficient resources to address contingencies. As the marketing and promotions strategies are developed and implemented in line with observed trends and fluctuations in consumer behavior, Lakeshore will s and drive re enues toward to gach� term growth and viability ve top -of -mind positioning among the ability of the targeted market segmen business. 6 u 0 i Akashore Mechanics, Inc. - Business Plan 2.0 Company Summary Lakeshore Mechanics Inc. is a Florida Sub -Chapter are ambitious entrepreneurs with the experience Mr. Luis Lagos and Mr. Merlin Lopez. The Company's co-founders and dedication necessary to grow and sustain the business while delivering consistent value to customers, investors, and the community. Company Ownership As operating partners, the founding owners will also support daily operations as managers and mechanics. Combined, they possess the experience, knowledge, and strong network of contacts to achieve the goals and objectives of the business. Investment Summary The company's initial capital requirements total $230,000. The owners will contribute an estimated $20,000 of equity to the business in addition to $210,000 of debt financing_ Please refer to the chart below, detailing the distribution of initial funds in support of purchasing the proposed location, preparing the location for a building, acquiring and erecting a steel building, developing exterior and interior improvements. SarWtfequtrem�ts � f� $110,000 Purchase of Property o a - u1 ing w._<�..._a Concrete Foundation and Driveways $40,000 ENY ,�..,1s. Z.a. Furniture and Fodures $2,500 4- 0�; .. City Required Tree Planting $2,500 < ,� FEr''C.� iU *i�i' I i.z:`'�51Y `b .. :::s... Gardening/Planting $2,000 =Ga µgenei�Ca[icetrng Expensed Equipment $1,000 MEN TotaE Start-up Expenses $230,000_ i,. _ ,:�� ^'+ems 55111 11171 Owner Investmentwe Total, Investment $2309000 7 f� i oIrochnrP Mechanics, Inc. Business Plan Location Lakeshore Mechanics, Inc. intends to establish a location in the new Okeechobee Commerce Center. The selected three acre property will present a clear signage advantage, be easily accessible o foot and vehicular 37-35 traffic.20 00000-020 0The map in 'gure I highlights the 4 of the Okeechobee Commeerrcee Center. location for Lakeshore on parcel 8 • 7866 Highway 70 East Okeechobee, FL 34974 Phone (863)357-3535 Fax (863)467-7284 August 26, 2005 City of Okeechobee c/o Brian Whitehall City Administrator 55 S.E. Third Avenue Okeechobee, FL 34974 Subject: Proposal For Purchase of Property Located in City of Okeechobee Industrial Park On behalf of Chobeecomm, Inc. as president and owner I would like the City of Okeechobee to consider our request to purchase a commercial lot in the Okeechobee Industrial Park. The present location of Chobeecomm, Inc. limits growth, expansion, and restricts usage of equipment on hand. Specialties include portable commercial sandblasting, directional boring for the various utility companies, and construction maintenance for the local cable operator. Chobeecomm, Inc. performs work that covers all cities/counties around Lake Okeechobee, including Palm Beach, Martin, St. Lucie, Glades, and Hendry. A main objective for Chobeecomm, Inc. is to acquire a permanent location for the company. Upon purchase of the commercial property Phase I plans will begin. These plans include a metal building to house the office, tools, and assorted equipment. Allowing Chobeecomm, Inc. to purchase this location provides opportunity for optimum growth and numerous possibilities for major expansion of our work force. The facilities provided by the City of Okeechobee will be more than adequate for our anticipated expansion. Upon completion of Chobeecomm's Phase I we will relocate the business to the new facilities then began Phase II, which consists of placement of an additional metal building enabling us to expand our work force and house additional equipment. Thank you for your time and consideration to allow Chobeecomm, Inc. the opportunity to purchase permanent residence. Respectfully, A4---C:1V Michael J. Brendel President Chobeecomm, Inc. 07927/2005 13: 7 8633573876 40 FULMES f r HOLMES CABINETS S Inc P.O. SOX 5 OKEECHOBEE, FL 34973 (863)763-8466 Fax (863) 357-3876 July 27, 2005 Okeechobee City Council of Okeechobet:, Florida Dear Mr. Whitehall: • PAGE 0'1 We are very interested in the new area you recently opened called the "Okeechobee Commerce Center" located in the City of Okeechobee. My husband and I own a cabinet shop located out on Hwy 78 near Buck head Ridge. We have been in this location since 1974 and have completely outgrown our shop for our capability_ We currently rent a metal building 30' wide x 100, where the employ six people to manufacture custom cabinets and counter tops for the Okeechobee .Area. We also have two sheds, one 12' x. 30' and another 6' x 8', where we store and custom finish our cabinets. We have five large pieces of computerized equipment, two of which we cannot currently set up because of limited space. We even have two Utility trailers that we have to use for storage of our cabinets before installation. Our shop is located at the edge of the dyke around the lake, which causes a tot of run off of rainwater. This causes floods in our shop. Last Monday, we had 5" of rainwater cunning through our shop from one epd to the other. It eventually drains into the small culverts and dries out, but it stops production because of safety measures. Mike and 1 are at the point where we am actually turning away large jobs, (example: Pritchard's and Associates new Insumce Building) because we cannot produce the quantity of cabinets and counter tops required in the suggested time Bt me. We have the capability pond the equipment, but we have no space for preparation and storage. This has been one of our best years as f'ar as growth, where we have been We to employ 3 more people with the wages they desire so as to keep theta in the Okeechobee arcs . When we are able to build a shop in the now Commerce Center, we plan to build a 75' x 125' building which will include a show room. This will enable us to employ 5-10 more employees, including another sales person, besides my husband and myself. We currently have no show room, which would only help us sell our products. We also have the capability and the equipment to build closet systems, which would iutcrease our business approximately 50%. At the present time we ere unable to set up this part of our business due to lack of apace in our current shop. Mike and 1 would be happy to meet with you and have you visit 'our current shop which would allow me to show you our expansion plans. if we are unable to relocate to your location, we will be forced to consider moving out of tht city of Okeechobee to a larger location. Mike and 1 would greatly appreciate your consideration for relocation in the new Commerce Center. Sincerely, Ganda S_ Holmes President Tree -Lawn -Landscape A Complete Property Maintenance I • Professional Lawn and Landscape Maintenance • Fully Equipped 24 Hr. Tree Service • Complete Turn -Key Landscape Company • Irrigation Installation And Repair I ?!!c Sosul� JCL O� 4��t+IrrisaG Licensed 1-800-600-ERAS Insured Tom McCoin Phone: (863) 763-5407 ' Worker's Comp. Cell (863) 634-2737 Fax: (863) 357-6737 ------------ Construction General Management Construction ir&e CONSTRUCTION, INC. SL Lk. ! CGC045M Sheryl Wells Phone: (863) 467-0831 301 N.W. 4th Avenue Cell: (863) 697-8240 Okeechobee, FL 34972 Fax: (863) 763-6337 EAST COAST PROPERTIES OF BREVARD. INC. WYATT J. SIMS TEL 321-725.1800 FAX 321-725-3535 MOBILE 321-213-0455 EMAIL WYATTJ5@BELLSOUTH. NET 712 PALMETTO AVENUE, MELSOURN E, FL 32901 . • Page I of I Robin Brock From: "Brian Whitehall"<bwhitehall@cityofokeechobee.com> To: "Dowling Watford"<dowlingwatford@okeechobeeford.com> Cc: "Noel Chandler" <captchandler2002@yahoo.com>; "Lydia Williams" <IjwiIli ams@mainstreetokeechobee.com>; "Lowry Markham" <lowrymarkham@earthlink.net>; "Mayor Kirk" <ji mki rk@adelphia. net>; 'Robin Brock" <rbrock@cityofokeechobee.com> Sent: Tuesday, September 20, 2005 3:11 PM Subject: City Council Meeting Good afternoon! A few things that have materialized that I tho't you may wish to know. • I gave you a copy of the minutes of the 9/13/05 Code Enforcement Meeting (attached to an activity report in the packets) and you will notice that they discussed the Brantley case at some length. Finally a motion passed that recommended to the City Council that they immediately procure bids to clear fire lanes at the site with the tho't in mind that 31 days after the City Council meeting we commence to do just that. After conferring with the Code Board Secty and the City Clerk, I guess that should've been listed on tonight's agenda and would like to add it. Probably ought to consult with the Atty at the meeting as to the appropriate motion. • Industrial Park land disposition - I have been advised that the audience may include Adron Fence Co representatives, just to listen, not an appearance. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee FL 34974-2932 ph-863-763-3372 fax-863-763-1686 9/20/2005 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD SEPTEMBER 13, 2005 SUMMARY AGENDA A. CALL MEETING TO ORDER B. PLEDGE OF ALLEGIANCE. C. BOARD MEMBERS ATTENDANCE: Chairperson Mack Worley Vice -Chairperson Jamie Gamiotea Member Frank Irby Member Marsha Montesi Member Andrea Nelson Member Rennae Sweda Member Bea Castorina Alternate Penny Revels Alternate Heather Hancock STAFF ATTENDANCE: Attorney John Cook Code Enforcement Officer Sammy Hancock Code Enforcement Officer Fred Sterling Code Enforcement Officer Herb Smith Secretary Sue Christopher D. Motion to dispense with the reading and approve Summary of Board Actions for: September 13, 2005. Page 1 of 4 CODE BOARD ACTION September 13, 2005 Code Enforcement Board meeting was called to order at 7: l0 p.m. by Chairperson Worley. Present Present Present Present Absent with consent (Penny Revels filled the seat for Member Nelson) Present Present Present Present Absent with consent Present Present Present Present Member Montesi moved to dispense with reading and approve Summary of Board Actions for August 9, 2005; seconded by Member Sweda. • Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Motion Carried September 13, 2005 - CEB Regular Meeting - PaSe 2 of 4 AGENDA CODE BOARD ACTION REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL There were no request for the addition, deferral or withdrawal of items on today's agenda. OF ITEMS ON TODAY'S AGENDA. 05-218 Marvin Brantley Ch 30 Sec 3040(2) 1811 - 1905 S. Parrott Ave. Emergency vehicle access lanes Code Officer Herb Smith gave testimony that Case# 05-218 was in violation of Sec 3040(2) which requires this property to have lanes every 100 feet at least 30 feet in width to permit fire and emergency vehicles access to the interior of the property. Code Officer Smith stated he was particularly concerned about the possibility of LP tanks and toxic fumes that would present a serious threat to the safety and welfare of the public. Steve Brantley addressed the board on behalf of his father Marvin Brantley. He stated his emphasis was on cleaning the front of the property and installing a fence first. Then work would begin on the fire lanes. He told the board that a fence had already been installed with a fifty foot set back and three gates. Member Gamiotea asked how much time he felt would be required to complete the fire lanes. Mr. Brantley said approximately one week to finish cleaning the front and then another two to three weeks to finish the fire lanes. Chairperson Worley stated he was concerned the Code Board would negotiate with Mr. Brantley to help him solve his problem instead of enforcing the Code in order to protect the health and safety of the community. Code Officer Smith informed the Code Board that Attorney Cook told him they had two options. The first was not to take any action and the second was to make a motion to recommend to the City Council for them to take the steps necessary to bring the property into compliance to ensure the public health and safety. Member Irby commented that if the Board did take action at this meeting it would probably be approximately thirty days before arrangements could be finalized for the work to actually be done. Member Sweda felt a lot of work had been done and she didn't believe the City would want to take on this project unless there were no other alternative. She said in her opinion an incredible amount of work had already been • done and getting the property in compliance was the goal of the Code Board. Member Gamiotea suggested the Board consider some way to start the process but still allow a time frame for Steve Brantley to have an opportunity to finish the work After further discussion Member Irby moved to find Case #05-218 in violation of Sec 30-40(2) and to declare the property a safety hazard and nuisance; seconded by Member Gamiotea. AGENDA September 13, 2005 - CEB Regular Meeting - Page 3 of 4 CODE BOARD ACTION Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Motion Carried At this time Code Board members discussed whether further action was necessary by the Code Board in order for the City to take the steps needed to clear fire lanes on the property. Member Montesi moved Case #05-218 has been found in violation of Sec 30-40(2) and that he be given 45 days to come into compliance. If not in compliance on 46" day this case would be sent directly to City Council for action; seconded by Member Gamiotea. After further discussion Member Montesi withdrew her motion and no vote was taken. Member Gamiotea moved Case #05-218 has been found in violation of safety and health issues and to recommend to City Council they immediately begin to procure bids or make a plan of action to clear fire lanes and on the 31st day from the City Council meeting that plan would be executed if property is not in compliance; seconded by Member Revels. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Sweda - Yes Revels - Yes Motion Carried Chairperson Worley briefly reviewed the cases under fines and stated no further action would need to be taken on these cases at this time lei • September 13, 200S - UEB Regular Me - Page 4 of 4 AGENDA CODE BOARD ACTION ADJOURNMENT - CHAIRPERSON WORLEY. PLEASE TAIL NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board 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 Tapes are for the sole purpose of backup for official records of the department Mack Worley, Chairperson ATTEST: Sue Christopher, Secretary There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:20 p.m. The next regular Code Board Meeting is scheduled for Tuesday, October 11, 2005. is I • OF ' OkF� City of Okeechobee LL �o a 1915 Office of the City Administrator Brian Whitehall September 14, 2005 Thomas DeLacy Independent Inspectors, Ltd. W241 S4135 Pine Hollow Court Waukesha WI 53189 RE: Contractual Services — Building Official/Inspection Dear Tom, This letter is to advise that the City is seeking Requests for Proposals for the above services. I want to take the time to advise that we wish to investigate the market, so to speak, simply to see what's out there. As you know, the City is looking for a party that can fill the shoes of Joe Boyd and act in the same capacity that he did, on the Technical Review Board, as well as be a real part of the City's endeavor to `process' permits from beginning to end. That may be impossible in this day and age but we feel that we have lost some of that 'in house' touch. Certainly Independent Inspectors has tried to react the best they can by placing competent personnel here, but in what seems to be, a `stopgap' measure. On another front, with the increased generation of fees we feel it is time to re- evaluate our costs (percentages) for the service. I know a case can be made for increased workload equating to increased fees. At any rate, I appreciate your efforts. Sincerely, Brian Admi C: Tom Forbes, Dir. FL Services Katrina Cook, Gen. Services Coord. 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 0 FORM 8B MEMO � RANDUM OF VOTING CONFLICT F�c RS PAL AND OTHER LOCALPUjI,IISBLICIN__ 'ORCDMMIfTEE COUNTY, MUNICI 7 NAME OFBOARD,COU LAST NAME —FIRST NAME —MIDDLE NAME (� I- C1(�n ` I i 11 ` h THE BOAR COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON MAILING ADDRESS _ WHICH I SERVE IS A UNIT OF: p OTHER LOCAL AGENCY ❑ COUNTY 4C! LFCIN COUNTY NAME.OF POLITIC,,SUBDIVISION: CITY (; JCJ2e- MY PO RRION IS: ELECTIVE ❑ APPOINTIVE ON WHICH VOTE OCCUED ^� WHO MUST FILE FORM 813 city, or other local level of government on an appointed or elected board, council, equally to members of advisory and non -advisory bodies who are presented with a voting This form is for use by any person serving at the county, tY, commission, authority, or committee. It applies conflict of interest under Section 112.3143, Florida Statutes_ you have a conflict of interest will vary greatly depending Your responsibilities under the law when faced with voting on a measclose attention to the instructions on this form before ure in which y on whether you hold an elective or appointive position. For this reason, please pay completing the reverse side and filing the form - INSTRUCTIONS NS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES measure which appoint county, municipal, or other local public office MUST ABSTAIN from voting voting on a mea- ain or loss. Each elected or appointed local officer also is prohibited from knowingly 9 A person holding elective or app inures to his or her special private g ovemment agency) by whom he or she is retained (including the sure which inures to the special gain or loss of a principal (other than a g to the special private gain or loss of a relative; or parent organization or subsidiary of a corporate principal by which he or she is retained); redevelopment agencies under Sec. 163.356 or that of independent special tax districts elected on a one -acre, one basis are not prohibited from voting to the special private gain or loss of a business associate. Commissioners of Commune 163.357, F.S., and officers P capacity. in on a business e" means any person or entity engaged in or carrying a oration For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A business assocl enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares are not listed on any national or regional stock exchange). * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, the assembly the nature of your interest in the measure on which you PRIOR TO THE VOTE BEING TAKEN by publicly stating are abstaining from voting; and person responsible for recording the min- L HIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the of the meeting, who should incorporate the form in the minutes. * *NTED OFFICERS: ou otherwise may participate in these matters- However, you t to influence the decision, whether orally or in writing and whether made you must abstain from voting in the situations described above, ylose the nature of the conflict before making any attempr at your direction.INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL B erson responsible for recording the ust complete and file this form (before making any attempt to influence the decision) with the ptes of the meeting, who will incorporate the form in the minutes. (Continued on other side) pAGE 1 CE FORM aB - EFF. 112000 0 • [A7PPOINTED OFFICERS (continued) of the form must be provided immediately to the other members of the agency. m must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes o meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. f the DISCLOSURE OF LOCAL OFFICER'S INTEREST I, hereby disclose that on �h (a) A measure came or will come before magency -r 20 Y a 9ency which (check one) — inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of v whom I am retained; or �n by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 9-jo- 00 5 Date Filed *ignaure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. REPRIMAND, OR A CE FORM 813 - EFF. 1/200o PAGE 2