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2006-07-18 Regular Meeting
I'] CITY OF OKEECHOBEE DULY 183 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: July 18, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Jim Dawson, 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 PROCLAMATION ADDED TO AGENDA BY MAYOR'S REQUEST: PAGE 1 OF 16 Mayor Kirk called the July 18, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Dawson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present -Present Present Absent Absent Present Present 575 Mayor Kirk added a proclamation to the agenda, presenting it to Valerie Marone, and read it for the record: "Office of the Mayor. Okeechobee, Florida. WHEREAS, in 2004, approximately 10.8 million drinkers were under legal age (ages 12 to 20; and WHEREAS, alcohol use among children and adolescents starts early and increases rapidly with age; and WHEREAS, by the time they reach the eighth grade, nearly 44 % of adolescents have used alcohol illegally at least once, and more than 20% report having been "drunk"; and WHEREAS, underage alcohol use is more likely to kill young people than all illegal drugs combined; and 576 JULY 18, 2006 - REGULAR MEETING - PAGE 2 OF 16 PROCLAMATION CONTINUED: IV MINUTES - City Clerk. WHEREAS, the 2004 Florida Youth Substance Abuse Survey, Okeechobee County Report shows that the average age of youth drinking at least one time per month was age 1Z2 for middle school and age 14.5 for high school; and WHEREAS, the 2004 Florida Youth Substance Abuse, Okeechobee County Reportalso shows that percentages of Okeechobee youth reporting drinking in the past 30 days were above the Florida Statewide percentages: Okeechobee ages 10 -14 (24.5%) compared to Statewide 20.8% and Okeechobee ages 15 -17 (50.4%) compared to Statewide 41.2% (A score of 50 represents the national average.) WHEREAS, family factors, such as parent -child relationships, discipline methods, communication, monitoring and supervision, and parental involvement, exert a significant influence in youth alcohol use; and WHEREAS, children, with the care and support from family, friends, health professionals, teachers, clergy, and others, can avoid the negative effects of alcohol and drugs; and NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, in conjunction with the Okeechobee Substance Abuse Coalition, do hereby proclaim Okeechobee as an "UNDERAGE DRINKING FREE ZONE" and encourage parents, care givers, and all residents of Okeechobee to prevent underage alcohol use by teaching children about the harmful effects of underage alcohol use and how they can resist peer pressure to get involved in the use of alcohol. A. Motion to dispense with the reading and approve the Summary of Prior to the meeting, Clerk Gamiotea distributed a memorandum requesting the Council to approve the minutes as Council Action for the June 20, 2006 Regular Meeting. corrected. Page 3 of 10, Motion by Council Member Watford should read "moved to instruct" not "instructed." Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action as corrected, for the June 20, 2006 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2006 Warrant Register: Council Member Watford moved to approve the June 2006 Warrant Register in the amounts: General Fund, eight hundred forty-six thousand, four hundred fifty-nine dollars and thirty-five cents ($846,459.35); Capitol Improvement General Fund ............................. $846,459.35 Projects (Vehicles) Fund, eight hundred forty-five thousand, three hundred seventy-three dollars and thirteen cents Capitol Improvement Projects (Vehicles) Fund ... $845,373.13 ($845,373.13); Community Development Block Grant Fund, five thousand dollars ($5,000.00); and Industrial CDBG Fund .............................. $ 5,000.00 Development Fund, one hundred eight dollars and seventy cents ($108.70); seconded by Council Member Markham. Industrial Development Fund ................. $ 108.70 There was a brief discussion on this item. JULY 18, 2006 - REGULAR MEETING - PAGE 3 OF 16 577 1 1 V. WARRANT REGISTER CONTINUED. A. Motion to approve the June 2006 Warrant Register continued. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business item G was withdrawn. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 953 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 953, regarding Future Land Use Map Future Land Use Map Application No. 06-014-SSA, submitted by Application No. 06-014-SSA, submitted by Daniel B. Creech, property owner; seconded by Council Member Williams. Daniel B. Creech, property owner - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. III KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 953 by title only. Attorney Cook read proposed Ordinance No. 953 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLO91DA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF) PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 953. (Planning Board is III Council Member Chandler moved to adopt proposed Ordinance No. 953 (Planning Board is recommending denial); recommending denial.) seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk, Council Members Watford, Chandler and Williams all noted for the record that the applicant, Mr. Creech contacted them prior to the meeting to present each of them with additional information about the project, which will also be presented tonight. He wanted them to know that he was not able to attend the Planning Board meeting, where they recommended denial and would like to make a presentation at this meeting. 578 JULY 18, 2006 - REGULAR MEETING - PAGE 4 OF 16 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. Mr. Jim LaRue, City Planning Consultant reviewed the Planning Staff Report with the Council. The subject property' is located between Northwest 5th and 6th Streets, and Northwest V and 101h Avenues and is approximately 2.313 acres. The applicant is requesting to change the Future Land Use designation on Lots 4 through 10, the East one-half of Lot 15, Lots 16 to 21, and the West one-half of Lot 22, all within Block 99, City of Okeechobee Subdivision (Plat Book 5/Page 5) to allow for the construction of triplex and duplex dwelling units. The remainder of the block would continue designated as Single Family. The application was submitted by the property owner, Daniel Creech. The application was reviewed by the Planning Board at their June 27, 2005 meeting, the Board, and Planning Staff are recommending denial based on the following findings: Consistency with the Land Use Categories and Plan Policies: (A) As proposed, the applicant's request does not show adequate data and analysis to support a conversion to the Multi -Family Land Use category as shown in the Future Land Use Element of the City's Comprehensive Plan. Policy 2.4: The City through revision of the appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. The subject property would seem to be more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. (B) Concurrency of Adequate Public Facilities Traffic: The applicant has not submitted a Traffic Analysis to support this Comprehensive Plan Amendment for the property. The applicant should present analysis which demonstrates the traffic impacts to Northwest 5th Street and Northwest 6th Street. Schools: The applicant is proposing a maximum total of 23 multi -family residential dwelling units, but has not given any information as to how many school aged children this development could generate. Drainage: The applicant has not provided information on how surface water management will be provided on -site. During the site plan review phase of development, all design and construction of the proposed stormwater management facilities must be permitted through the South Florida Water Management District and must comply with all District rules and regulations. Potable Water and Sanitary Sewer: Okeechobee Utilit Authority (OUA) should have the capacity to provide service from its water treatment plant under the current Single Family Future Land Use Classification of the subject property. The anticipated flow for the proposed Multi -Family Future Land use Category (triplexes) has not been determined by the applicant. It is not clear whether sewer is available and with recent conversions from Single Family there needs to be some acknowledgment of past approval impacts. The applicant should submit data from the OUA which shows that there is capacity to serve the 23 units. DULY 18, 2006 - REGULAR MEETING -PAGE 5 OF 16579 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed Future land use and the corresponding RMF Zoning would be incompatible with the adjacent and nearby uses. Allowing this change would create an isolated multi -family district within a single family neighborhood. The proposed development would be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do allow for a Small Scale Amendment to the Future Land Use map to Multi -Family. This proposed change at this time is not consistent with the Objectives and Policies of the City of Okeechobee Comprehensive Plan. Mr. Daniel Creech made a presentation to the Council regarding his plans to build nice, but affordable, triplexes and duplexes on the property. He began the development several years ago when he rezoned the entire block from Holding to RSF-1, and has since built several single-family homes within the block. There are at least four additional homes currently being built on the site. The area in general, has a mixed existing use of both single family type homes as well as duplexes. However, these were built prior to the new land development regulations which will not allow any type of multi -family structures within the single family land use. Mr. Creech presented pictures of the surrounding areas with the mixed uses as well as a copy of the County's Housing Needs Assessment Report (dated December 2004) noting the need within Okeechobee for affordable multi -family type rentals. His intentions are to operate the multi- family development through this construction company in order to maintain control over the maintenance of the structures and grounds. There will be lawn maintenance as well as concrete 2-car driveways, should the City make it a requirement, he would add driveways for a third car to keep all vehicles from parking along the right-of-way. There were no letters of objections from the surrounding property owners. Mrs. Janet Estremera, surrounding owner addressed the Council regarding the development and agreed with Mr. Creech that, generally this was an appropriate use of the property. As long as the City addresses any traffic congestion, such as requiring additional off-street parking for guests/visitors, along with drainage so not to further the impact of the existing homes, then she had no objections. The Council discussed the proposed ordinance at length. The matter was complicated in that ,should the ordinance be adopted it would in essence create a "spot -zoning" which is what the City has been working towards getting away from for years and has not approved any type of land use or rezonings that created that type of situation. The ordinance, as presented would create an isolated land use within the middle of the block. Council Member Watford noted that with it being in the middle, it makes it very difficult, it is not to one side or the other, or next to commercial uses. The City has allowed one side of a block to be multi -family with the other side single family so long as there was at least an alleyway to separate the two uses. However, this is not the situation with the request and goes against what the City has tried to get away from approving. DULY 18, 2006 - REGULAR MEETING - PAGE 6 OF 16 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vlll. NEW BUSINESS. A.1. a) Motion to read by title only, and set August 15, 2006 as a final public hearing date for proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert R. Batton - City Clerk (Exhibit 2). Attorney Cook noted, in reference to surrounding property owners not objecting, or having Mr. Creech obtain signatures that they are in favor of the duplexes being built, the Council cannot base their decision on a "neighborhood popular vote" but on the basis of whether or not the application would in fact be consistent with the Comprehensive Plan. The Council added that another reason for making this a hard decision was that the Council knows Mr. Creech and his reputation for building a good product. Added with the problem that the Planning Board and City Council have approved several multi -family developments with no construction to date. Mr. Creech is known to build his development as soon as they are approved. However, this cannot be taken into consideration either, since it would not be relevant to deciding whether or not the application is consistent with the Comprehensive Plan. Mayor Kirk asked whether there were any further questions or comments from the public. There were none. VOTE KIRK - NAY MARKHAM - NAY WILLIAMS - YEA CHANDLER - YEA WATFORD - NAY MOTION DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:56 P.M. Mr. Elbert R. Batton, owner of Lots 11 and 12 of Block 92, City of Okeechobee Subdivision, is requesting to close the East to West alleyway for additional parking. Courthouse Plaze, LLC, owner of Lots 7 through 10; Baldemar and Maria Medrano, owner of Lots 4 through 6 and Richard and Sandra Laskey, Sr., owner of Lots 1 through 3 have submitted their letters of consent for the alley closing. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Major Peterson and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval due to the fact that the alley was a plus for drainage purposes with the consideration for the Commercial addition, and also until a future Master Drainage Plan is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. Council Member Watford moved to read by title only, and set August 15, 2006 as a final public hearing date for proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert R. Batton; seconded by Council Member Williams. DULY 18, 2006 - REGULAR MEETING - PAGE 7 OF 16 581 1 VIII. NEW BUSINESS CONTINUED. A. 1. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 952 by title only. Attorney Cook read proposed Ordinance No. 952 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 952. Council Member Markham moved to approve the first reading of proposed Ordinance No. 952; seconded by Council Member Chandler. b) Discussion. Council Member Markham asked whether the Technical Review Committee minutes were researched regarding the notation made by Engineer Bermudez that the project was approved by TRC based on the alleyway remaining open? Clerk Gamiotea answered that the Council direction was to provide those minutes at the final public hearing. Staff has only conducted preliminary research on it and did not find any type of notation within the typed minutes. However, further research will be conducted and presented at the final hearing. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B. 1. a) Motion to read by title only and set August 1, 2006 as a final public Council Member Williams moved to read by title only and set August 1, 2006 as a final public hearing date for hearing date for proposed Ordinance No. 954 regarding Petition No. proposed Ordinance No. 954 regarding Petition No. 06-013-R, submitted by Daniel B. Creech, property owner; 06-013-R, submitted by Daniel B. Creech, property owner - City seconded by Council Member Watford. Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. DULY 18, 2006 - REGULAR MEETING - PAGE 8 OF 16 Vlll. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 954 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 954. b) Discussion. c) Vote on motion. Attorney Cook read proposed Ordinance No. 954 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 RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL►TY AND AN EFFECTIVE DATE." Council Member Chandler moved to approve the first reading of proposed Ordinance No. 954; seconded by Council Member Watford. This ordinance is regarding Rezoning Petition No. 06-013-R submitted by the property owner, Daniel Creech. The request is to rezone Lots 4 through 10, the East one-half of Lot 15, Lots 16 to 21, and the West one-half of Lot 22, all within Block 99, City of Okeechobee Subdivision, from RSF-1 to RMF. The subject vacant property is located between Northwest 5th and 6th Streets, and Northwest 9th and 101h Avenues. The Petition is in association with Application No. 06-014-SSA, discussed during the public hearing. Based on the same findings, the Planning Staff and Planning Board are recommending denial of the application. The Council did not find it necessary to discuss the property further. With the Future Land Use designation change denied, the zoning cannot be changed to create inconsistencies between the maps. KIRK - NAY MARKHAM - NAY WILLIAMS - NAY CHANDLER - NAY WATFORD - NAY MOTION DENIED. C. Motion to approve a request by First Baptist Church to temporarily Council Member Watford moved to approve a request by First Baptist Church to temporarily re-route traffic around re-route traffic around Southwest 3rd Street, 6,h Avenue and 41h Southwest 3`d Street, 6th Avenue and 41h Street for drop-off and pick-up times during Sports Camp July 17 through 20, Street for drop-off and pick-up times during Sports Camp July 17 - 2006; seconded by Council Member Markham. City Staff signed -off on the application without objections or comments. 20, •2006 - City Clerk (Exhibit 4). KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. DULY 18, 2006 - REGULAR MEETING - PAGE 9 OF 16 583 1 Vill. NEW BUSINESS CONTINUED. D. Motion to approve a Temporary Street Closing Application for the Labor Day Festival from 7 a.m. - 4:30 p.m., September 2 - 4, 2006, and from 6:00 p.m. - 8:00 p.m., December 9, 2006 for the Christmas Parade, submitted by the Chamber of Commerce (followed by Hamrick discussion) - City Administrator (Exhibit 5). E. Consider a request for a reduction in parking for Firestone Tire & Service - Rickey L. Farrell (Exhibit 6). Council Member Watford moved to approve a Temporary Street Closing Application for the Labor Day Festival from 7:00 a.m. to 4:30 p.m., September 2 through 4, 2006, and from 6:00 a.m. to 8:00 p.m., December 9, 2006 for the Christmas Parade, submitted by the Chamber of Commerce; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Administrator Whitehall addressed the Hamrick/Use of Flagler Parks Issue with the Council. The last instructions by the Council were for the Administrator, City Attorney and Mayor to meet with Hamrick representatives. Several dates and times to meet were offered to Mr. Hamrick and his son, Michael Hamrick. However, they were not able to work with any of them. Michael Hamrick mailed Attorney Cook a list of legal issues that he wanted the City Attorney to address. He has not responded to those since that was not the instructions of the Council nor would it lead to a resolution of the situation. The consensus of the Council was that the City should continue as they are until a resolution -could be met. The Administrator should continue with processing applications for the Park as usual until further action by the Council. Mayor Kirk distributed copies of a letter he received from Mr. Al Stokes, former President of the Chamber of Commerce. The letter advises that the Chamber met in April 1982 and discussed Mr. Hamrick's guidelines for the use of the parks, and that the Chamber's Board of Directors received a letter from Mr. Hamrick giving his consent to the Chamber to use the parks for the festivals. The Chambers minutes refer to the letter being received, however, a copy of the actual letter cannot be produced. Mayor Kirk went to the Library to find a copy of an article in the Okeechobee News which covered the Chamber Board Meeting, a copy of the article was attached which included the discussion regarding the parks and references the letter from Mr. Hamrick. No further action was taken on this issue. Mr. Rickey Farrel submitted a request to address the Council regarding a reduction of the parking requirements for his new business, Firestone All American Tire and Service. The business is proposed to be located at 415 East North Park Street (previously occupied by Wise TV/Radio Shack), which is located at the corner of East North Park Street and Northeast 4`h Avenue, beside McDonald's Restaurant. Loris Asmussen is the engineer for the project, Mr. Tom Elmore is selling the property to Mr. Farre, all were present at the meeting. The Technical Review Committee (TRC) reviewed the site plan at the June 28, 2006 meeting. The action taken by the TRC was to approve the site, subject to the City Council approving a reduction in parking, and that a parking study is presented for the Council to make this decision. DULY 18, 2006 -REGULAR MEETING -PAGE 10 OF 16 VIII. NEW BUSINESS CONTINUED. E. Consider a request for a reduction in parking for Firestone Tire & Service continued. TRC members noted that additional requirements and conditions should be that no body work or heavy engine work be done at the site. Landscaping needed to be added to the site plan and the maximum impervious surface is exceeded by 4.6 percent, which needs to be corrected. This site has had several types of businesses located within it over the years, individually and several at the same time, including but not limited to a vehicle sales lot, indoor golf range, vehicle repair and maintenance shop and Wise TV/Radio Shack. Mr. Elmore stated that parking has never been an issue in the past with any of these businesses. The main complaint from Mr. Elmore and Mr. Farrell was the number of required parking spaces on the site. According to the Code Book, for this type of zoning and permitted use, 54 spaces are required. The site can only provide 32. Adding to that, the parking along Northeast 4`h Avenue is illegal since one must "pull-out" within the City right-of-way, which is not allowed. Technically the site only has 20 "countable" or legal parking spaces. Mr. Elmore requested the Council lessen the parking requirements since the building was built over 20 years ago, and there is no way for the new owner to meet the current regulations. Unfortunately, City Code mandates that when a business changes ownership or use, the existing structures must be brought up to current codes. Mr. Elmore also requested that the mandatory parking study be waived for the Council to make their decision. He explained that a tire service business does not require a lot of parking, they will only have a few cars parked at a time due to the nature of the business, the customers drive their vehicle to the site, remain in the waiting area until the tires are serviced and then they leave the site. There was a lengthy discussion between the Council, Mr. Elmore, Attorney Cook and Administrator Whitehall. Attorney Cook noted that should Council approve the parking reduction, it would be a 60 percent reduction, which has never been approved in the past, nor is that amount provided for in the Code Book. Council Member Watford inquired as to the amount of time it would take to obtain a parking study. Attorney Cook replied that it could be conducted and submitted by the next Council meeting. Exhibit Six contained documentation that the owner and Mr. Elmore were aware that a parking study was to be submitted with this request. Mr. Elmore argued that the study was not necessary due to the number of years businesses have been operating at the site without any parking problems, that it is an existing building trying to comply with new regulations and that other cities have less parking requirements for this type of business. DULY 18, 2006 - REGULAR MEETING - PAGE 11 OF 16 585 Vill. NEW BUSINESS CONTINUED. E. Consider a request for a reduction in parking for Firestone Tire & Council Member Watford moved to table the parking reduction request by Mr. Farrell of Firestone All American Service continued. Tire and Service until a parking study is submitted. Motion died for lack of second. Council Members Markham, Chandler and Williams addressed various issues, with Mr. Elmore responding to them. Their concern was that the City does not have any type of mechanics within the Code that allows City Staff to lighten the regulations on structures built under the older development regulations. This is not the first time the City has had this problem arise. The City does not want a structure to remain empty when a business could be operating from the site, producing revenue. Mr. Elmore also distributed copies of the site plan with parking changes, such as angled parking for 4th Avenue, allowing for more cars, and that you would not be in the right of way when backing out. Council Member Markham moved to approve the parking engineering study as presented, with the 20 parking spaces being sufficient to meet parking requirements at this site, and that this parking exception is limited to this type of business (tire sales and service) and under this ownership (Rickey Farrel) only; seconded by Council Member Chandler. Council Member Watford noted, (approving) this is going to come back and haunt you. Mayor Kirk also added that for peace of mind it would have been better to have an official traffic study, as well as it would have helped us with making the same requirements of others in the future. Council Member Williams moved to amend the motion to add that the City must also receive a letter from McDonald's granting Firestone permission to use five of their parking spaces within the adjoining back parking lot; seconded by Council Member Watford. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - No MOTION CARRIED AS AMENDED. 0 • DULY 18, 2006 - REGULAR MEETING - PAGE 12 OF 16 Vlll. NEW BUSINESS CONTINUED. F. Disposition of Commerce Center sale of property to Holmes Cabinets and Adron Fence - City Administrator. On December 6, 2005 the City approved a motion to offer Commerce Center Lots 18, 19 and 20 (10.31 acres) to Adron Fence Company and the West 1.5 acres of Lot 17 (250 feet by 261 feet) to Holmes Cabinets; purchase price being fifty thousand dollars ($50,000.00) per acre; adding a 5-year reverter clause of development to the property; a right to first refusal to the City; and vacating the unimproved right-of-way known as Northeast 11`h Court with the cul- de-sac conveying this as the East -half of the right-of-way North of the property line of Lots 17 and 18 extended Eastward. Administrator Whitehall requested that the action be rescinded due to further negotiations with Mr. Holmes and Mr. Chambers (of Adron Fence). Adron Fence has agreed to purchase the right of way and cul-de-sac along with Lots 18,19 and 20, new acreage total is 11.22. Holmes Cabinets is requesting to purchase the West -half of Lot 17, new acreage now being 2 acres. Additional clauses to be incorporated in the purchasing agreements are that within one year of closing the owner shall have all necessary building permits. They shall not sell the property for at least five years after issuance of the Certificate of Occupancy. The Federal Economic Development Administration employment stipulations are tied to the park. The City will also need to vacate and address the cul-de-sac, right-of-way, and easements prior to the closing. Council Member Watford moved to rescind the December 6, 2005 motion (in regards to) Adron Fence; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. A draft copy was distributed of the "Contract for Sale and Purchase" for Council Review. Attorney Cook explained that the additional requirements are not spelled out, such as the closing date. However, the purchase price (remained the same) and other major requirements are spelled out. They are purchasing the right of way and cul-de-sac. The area has been surveyed that will be vacated (Northeast 14`h Court). Staff will also submit a reconfiguration of easement for Northeast 12`h Street that runs in front of these properties, the easement that runs parallel will be addressed as well. The exact legal description of the entire 11.22 acres will also have to be attached to the contract. The buyer will be listed as TRC Investments, LLC, a Limited Liability Company, which is Adron Fence Company, Mr. Travis Chambers. DULY 18, 2006 - REGULAR MEETING - PAGE 13 OF 16 587 Vlll. NEW BUSINESS CONTINUED. F. Disposition of Commerce Center sale of property to Holmes Council Member Watford moved to approve an agreement with TRC Investments, LLC, for purchase of Cabinets and Adron Fence continued. property in Commerce Center, precise legal description to be provided for the entire 11.22 acres; seconded by Council Member Williams. The closing date was briefly discussed, along with the fifteen thousand dollar deposit requirement at the time the buyer executes the agreement. The Council asked Mr. Chambers how long he would need to complete the due diligence and have his finance in order from any banking institution. Mr. Chambers advised that he would not be utilizing financing and that 60 to 90 days would be a sufficient time frame for the closing. Council Member Markham moved to amend the motion to approve an agreement with TRC Investments, LLC, for purchase of property in Commerce Center, precise legal description to be provided for the entire 11.22 acres by adding that closing date is to take place within 90 days of the date of the agreement; seconded by Council Member Chandler. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. In regards to Holmes Cabinets agreement, Attorney Cook stated he had not had an opportunity to review the proposed contract sent by their attorney. However he was confident it was sufficient should the Council wish to proceed with theirs and make the same requirements as the one for Adron. The consenus of the Council was not to use the format provided by Holmes legal representative, but to use the same format as the one created for Adron Fence. Council Member Markharn made a motion to approve the contract for sale and purchase with Holmes Cabinets; seconded by Council Member Watford. Administrator Whitehall reminded the Council that the motion to rescind the December 6 action needs to be made first. Motion and second were withdrawn Council Member Watford moved to rescind the December 6, 2005 motion in regards to Holmes Cabinets; seconded by Council Member Chandler. JULY 18, 2006 - REGULAR MEETING - PAGE 14 OF 16 VIII. NEW BUSINESS CONTINUED. F. Disposition of Commerce Center sale of property to Holmes Cabinets and Adron Fence continued. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Markham moved to approve an agreement with Holmes Cabinets, for purchase of property in Commerce Center, precise legal description to be provided for the entire 2 acres and that the closing take place within 90 days; seconded by Council Member Watford VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. G. Motion to approve a Revised Elections Agreement between the The matter to approve a Revised Elections Agreement between the City, Board of County Commissioners and City, Board of County Commissioners and Supervisor of Elections - Supervisor of Elections was withdrawn from the agenda. City Clerk. H. Motion to set tentative millage rate of 7.1899 for fiscal year 2006- Council Member Watford moved to set tentative millage rate of 7.1899 for fiscal year 2006-2007; seconded by Council 2007 - City Administrator (Exhibit 7). 11 Member Markham. The Council briefly discussed that this is the first time the City has not advertised at least a 15 percent increase. Once the millage has been set the City cannot increase it unless they advertised it previously. This does not mean that is will be increased, but that it could be increased. The Council asked Administrator Whitehall whether he was confident that he can bring the budget in balance with that millage rate. Mr. Whitehall replied yes. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. I. Motion to set advertisement of First Budget Hearing for September Originally, and as outlined on the agenda, the first budget public hearing was going to be scheduled for September 6, 2006 at 5:01 p.m. - City Administrator. 6, 2006, upon arriving at the meeting the Council received an amended Certification of Taxable Value and Calendar explaining that due to time constraints associated with receiving the Certification from the Property Appraiser, and still meeting the sixty-five day requirement for first Hearing the date now needs to be September 19, 2006. DULY 18, 2006 - REGULAR MEETING - PAGE 15 OF 16 • VIII. NEW BUSINESS CONTINUED. I. Motion to set advertisement of First Budget Hearing for September Council Member Watford moved to set advertisement of First Budget Hearing for September 19, 2006 at 5:01 6, 2006 at 5:01 p.m. continued. p.m: seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to set the Final Budget Hearing for Tuesday, September 26, 2006 at 5:01 p.m.: seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. The Council then discussed the budget workshop dates and times. Workshops do not have to be after a certain time of the day like the public hearings are required. Council Member Watford moved to get the budget workshop for Wednesday, September 6, 2006 at 6 p.m. and if required a second workshop on Tuesday, September 12, 2006 at 6 p.m. Clerk Gamiotea asked for clarification if the motion included moving the regular scheduled meeting from September 5m to the 6m as well and that the Code Enforcement Board meets at 7:00 p.m. on the 12m so the Council may want to set an earlier time. Motion and second were withdrawn. Council Member Watford moved to set the first budget workshop for Wednesday, September 6, 2006, postpone the regular September 5. 2006 meeting to September 6, 2006 as well, schedule the second budget workshop (if necessary) for September 12, 2006, times to be determined by the Mayor and City Clerk: seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 599 JULY 18, 2006 - REGULAR MEETING - PAGE 16 OF 16 IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiotea, MC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:48 P.M. The next regularly scheduled meeting is August 1, 2006. South, Range 33 East, according to the plat thereof recorded in Plat Book 4, Pages 3 through 3E, inclusive, , . 'tier of Okeechobee County Florida, fter re- ferred to as Parcel "A". PIN 1-14-34-33-OA00-00013-A has been filed against you and you are re- quired to serve a copy of your written de- fenses, if any, to it on COLIN M. CAMERON, Attorney at Law, 200 N.E. 4th Avenue, Okeechobee, FL 34972 and file the original with the Clerk of the above styled Court on or before July 31, 2006 otherwise a judgment may be entered against you for the relief de- manded in the Complaint. WITNESS my hand and the seal of said Court on June 22, 2006. SHARON ROBERTSON Clerk of Circuit Court By: /S/LINDAF. YOUNG Depttyy Clerk PUBLISH: 06/29/2006; 07/062006; 07/13/2006; 07/20/2006 OKEECHOBEE TIMES IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO.: 06-CA-114 LILLIE MAE SCOTT Plaintiff, vs. FREDDIE LITTLE; if alive, and if deceased, his heirs, assigns, devisees, creditors, and all persons claiming by, through or under FREDDIE LITTLE. Defendants. NOTICE OF ACTION TO: FREDDIE LITTLE, if alive, and if, de- ceased, his heirs, assigns, devisees, creditors, and all persons claiming by, through or under FREDDIE LITTLE. whose last known place of residence is un- known, and all parties claiming interest by, through, under, or against FREDDIE LITTLE, if alive, and if deceased, his heirs assigns, de- visees, creditors, and all persons claiming by, through or under FREDDIE LITTLE, and all parties having or claiming to have any right, title or inerest in the properry hereafter de- scribed - YOU ARE LEGALLY NOTIFIED pursuant to Florida Law that a complaint to quiet title on the following described real prop- erty, to -wit: Lot 10, Block 3, SOUTHERN PINES SUBDI- VISION, plat book 1, page 14, public records, Okeechobee County has been filed against you, and you are n, quired to serve a copy of your written de- fenses, if any, on attorney for Plaintiffs, whose address JOHN R. COOK 805 S.W. Park St, Okeechobee, Florida 34972 on or before the 28th day of July, 2006; and file the original with the Clerk of this Count either before service on Plaintiffs attorney, or immediately thereafter; otherwise a de- fault will be entered aginst you for the relief demanded in the complaint. This notice shall be published once a week for four (4) con- secutive weeks in the "Okeechobee Times" DATED this 20th day of June, 2006 Sharon Robertson Clerk of Circuit Court By: /S/ARLENE NEALIS Deputy Clerk PUBLISH: 06/292006; 07/062006; 07/1312006; 0720/2006 OKEECHOBEE TIMES Notice There will be a meeting of the Okeechobee County Agri -Civic Center Advisory Committee on Thursday, July 20, 2006 at 6:00 p.m. in the County Administration Annex meeting room, 456 Highway 98 North, Okeechobee, Florida - Any person deciding to appeal any decision made by the Committee / Task Force with respect to any matter considered at such meeting will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Mark Brandel, Chairman Agri -Civic Center Advisory Committee PUBLIS14: July 13, 2006 Okeechobee Times YOU ARE NOTIFIED that an action > for Dissolution of Marriage, including claims for dissolution of marriage, payment of deb�- division of real and personal property, and payments of support, has been tiled .agar you. You are required to serve a copy o - your written defenses, if any, to this action on Rebecca Boldt Hamilton, Petitioner's attorney, whose address is 107 N.E. 4th Street, Okeechobee, Florida 34972, on or before Au- gust 3, 2006, and file the original with the clerk of this court at OKEECHOBEE County Court- house, Okeechobee, Florida either before ser- vice on Petitioner's attorney or immediately thereafter; otherwise.a default will be entered ,against you for the relief demanded in the _ petition. WARNING: Rule 12.285, Florida Fam- ily Law Rules of Procedure, requires certain automatic disclosure of documents and infor- mation. Failure to comply can result in sanc- tions, including dismissal or striking of plead- ings. DATED this 27 day of June, 2006. SHARON ROBERTSON Clerk of the Circuit Court By: /S/ARLENE NEALIS Deputy Clerk _ PUBLISH: 07/062006; 07/132006; 07/20/2006; 07/27/2006 OKEECHOBEE TIMES CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of City of Okeechobee will meet in Regular Session on Tuesday, July 18, 2006, 6:00 p.m., at City Hall, 55 SE 3rd Ave., Rm. 200, Okeechobee, Florida. The public is in- vited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based Tapes are used for the sole purpose of back-up: for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accommodation to participate in this pro- ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PUBLISH 07/13/2006 OKEECHOBEE TIMES Jo - ituations �0 47 yr old Housewife, look- ing for parttime work, de- livery of some sort In Okeechobee or surround- ing areas. Tina 863-763- 2278 u CDL Class A Truck driver. Looking for work in Okee- chobee & surrounding ar- eas. No overnight work Has tanker endorsement & medical card. Call 863- 763-2278 Useless Trivia: Jim Carrey's full name is Jim Eugene Carrey. Keanu Reeve's first name means "cool breeze over the mountains." , - devout people would once make a pilgrimage to the holy lands. They walked (remember, this was long ago) day and night to get there. To travel at night, they needed a source of light, and the full moon worked splendidly. Easter was, and still is, scheduled around a full moon so that the people walking to the holy lands would be able to see where they were going Useless Trivia: The average human bladder can hold 250-300 milliters before feeling full, but can actually hold nearly twice this amount. Your tongue is the fastest healing part of your body. It is impossible to lick your elbow. 85% of people can curl their tongue into a "U" shape. It is a genetic trait. A sneeze can reach speeds of 160 kph (100 mph). The width of your arm span is equal ,to your height. The smallest bone in the body is in your ear and is called the stirrup bone (stapes). It is only 0.25 to 0.33 cm long (0.10 to 0.13 in) and weighs only 1.98 to 4.3 mg. / Nnimalc Adult cat, about 1 yr. old. Very friendly, solid black. Negative leukemia/aids. Current vaccinations & spayed. Needs good home. 863-357-1365 Free female Jack Russell, 7 Mo. old. Good home only. 863-634-3276 FREE Kittens, 7 wks old, litter trained. To good home only. 863-467-8289 or 863-634-0044 Page -1- Tape 1 side A 6:00 p.m. CITY OF OKEECHOBEE - July 18, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, July 18, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor James Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Robertson X X X X X X X X X X X X Mayor Kirk added a proclamation to the agenda. Presented to Valerie Marone. Office of the Mayor. Okeechobee, Florida. WHEREAS, in 2004, approximately 10.8 million drinkers were under legal age (ages 12 to 20; and WHEREAS, alcohol use among children and adolescents starts early and increases rapidly with age; and WHEREAS, by the time they reach the eighth grade, nearly 44 % of adolescents have used alcohol illegally at least once, and more than 20% report having been "drunk"; and WHEREAS, underage alcohol use is more likely to kill young people than all illegal drugs combined; and WHEREAS, the 2004 Florida Youth Substance Abuse Survey, Okeechobee County Report shows that the average age of youth drinking at least one time per month was age 12.2 for middle school and age 14.5 for high school; and WHEREAS, the 2004 Florida Youth Substance Abuse, Okeechobee County Report also shows that percentages of Okeechobee youth reporting drinking in the past 30 days were above the Florida Statewide percentages: Okeechobee ages 10 -14 (24.5%) compared to Statewide 20.8% and Okeechobee ages 15 -17 (50.4%) compared to Statewide 41.2% (A score of 50 represents the national average.) WHEREAS, family factors, such as parent -child relationships, discipline methods, communication, monitoring and supervision, and parental involvement, exert a significant influence in youth alcohol use; and WHEREAS, children, with the care and support from family, friends, health professionals, teachers, clergy, and others, can avoid the negative effects of alcohol and drugs; and NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, in conjunction with the Okeechobee Substance Abuse Coalition, do hereby proclaim Okeechobee as an "UNDERAGE DRINKING FREE ZONE" and encourage parents, caregivers, and all residents of Okeechobee to prevent underage alcohol use by teaching children about the harmful effects of underage alcohol use and how they can resist peer pressure to get involved in the use of alcohol. IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 20, 2006 Regular Meeting as corrected with page 3 of 10, add "... moved to..." ; seconded by Council Member Williams. Page -2- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the June 2006 Warrant Register in the amounts: General Fund, eight hundred forty-six thousand, four hundred fifty-nine dollars and thirty-five cents ($846,459.35);Capitol Improvement Projects (Vehicles) Fund, eight hundred forty-five thousand, three hundred seventy-three dollars and thirteen cents ($845,373.13); Community Development Block Grant Fund, five thousand dollars ($5,000.00); and Industrial Development Fund, one hundred eight dollars and seventy cents ($108.70); seconded by Council Member Markham. Watford larger amount than use to seeing, payoff and purchasing of annual leave of vehicles. Brian that is correct. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Withdraw election agreement, item G. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 953, regarding Future Land Use Map Application No. 06-014-SSA, submitted by Daniel B. Creech, property owner - City Planning Consultant (Exhibit 1); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 953 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF) PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 3. a) Council Member Chandler moved to adopt proposed Ordinance No. 953 (Planning Board is recommending denial); seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. 0 Page -3- Kirk, applicant contacted me for the record, he is here this evening. Watford, Noel, Lydia Jean all contacted by the applicant. Markham was not. Mr. Jim LaRue, City Planning Consultant reviewed the Planning Staff Report with the Council. The subject property is located on Northwest 5th and Northwest 6th Streets and is approximately 2.313 acres. The applicant is requesting that the Future Land Use Map be amended from Single Family for this property to Multi - Family to allow for construction of triplex dwelling units. The application was submitted by the property owner, Daniel Creech. Legal description on the agenda is incorrect. While the applicant owns the entire block, the application is only for Lots 4 through 10 East one-half of Lot 15, Lots 16 to 21, and the West one-half of Lot 22 of Block 99, City of Okeechobee. Planning Staff Report Comprehensive Plan Analysis: Consistency with the Land Use Categories and Plan Policies. (A) As proposed, the applicant's request does not show adequate data and analysis to support a conversion to the Multi -Family Land Use category as shown in the Future Land Use Element of the City's Comprehensive Plan. Policy 2.4: The City through revision of the appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. The subject property would seem to be more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. (B) Concurrency of Adequate Public Facilities Traffic: The applicant has not submitted a Traffic Analysis to support this Comprehensive Plan Amendment for the property. The applicant should present analysis which demonstrates the traffic impacts to Northwest 5th Street and Northwest 6th Street. Schools: The applicant is proposing a maximum total of 23 multi -family residential dwelling units, but has not given any information as to how many school aged children this development could generate. Drainage: The applicant has not provided information on how surface water management will be provided on -site. During the site plan review phase of development, all design and construction of the proposed stormwater management facilities must be permitted through the South Florida Water Management District and must comply with all District rules and regulations. Potable Water and Sanitary Sewer: Okeechobee Utilit Authority (OUA) should have the capacity to provide service from its water treatment plant under the current Single Family Future Land Use Classification of the subject property. The anticipated flow for the proposed Multi -Family Future Land use Category (triplexes) has not been determined by the applicant. It is not clear whether sewer is available and with recent conversions from Single Family there needs to be some acknowledgment of past approval impacts. The applicant should submit data from the OUA which shows that there is capacity to serve the 23 units. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed Future land use and the corresponding RMF Zoning would be incompatible with the adjacent and nearby uses. Allowing this change would create an isolated multi -family district within a single family neighborhood. The proposed development would be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do allow for a Small Scale Amendment to the Future Land Use map to Multi - Family. This proposed change at this time is not consistent with the Objectives and Policies of the City of Okeechobee Comprehensive Plan. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statues. Based on the Planning Staff findings the application is inconsistent with the request to change the Future Land Use Map from Single Family to Multi -Family. The Planning Board reviewed the Application at the June 28, 2006 meeting and found the application is not consistent with the Comprehensive Plan and recommends denial to the City Council. Motion Carried with Vote being 6/1. Watford - questioned LaRue with his information to the planning board on multi -family changes and their density. Danny Creech, applicant, need for MF, try to build up scale triplexes on property, nicer for school teachers and nurses coming into the area, all utilities are at the property or to the property line, so utilities are not an issue, have county housing needs if you'd like to see those, that was done by the county in 2004, okee health care and hospital stating their need for housing. Went around the neighborhood. Distributed letters 11 0 Page -4- 16 duplexes and 8 triplexes and migrant camp 2 blocks from there. Housing similar to behind John cooks office on size and style concrete drives and parking. At this point none of the neighbors approached me against the multi family but have had 1 ask not to do anymore of the modular homes. LJ any petitions signed? Not at this time but could by the next meeting. How many homes actually sold. 4 sold 2 being built and 2 almost completed. LJ - I counted 10 just on that street that were combined, but area is all single family, block to south is all single family. Right and to west has some MF, due west is the city barn, se is county barn, ne sprint building. Total 24 units in just that section that were MF. Addresses given were actually built not vacant property. Then cross tracks but within the area there are more duplexes and triplexes. Tangle would is 4 blocks to the west and then 2 block to the north. What were trying to build is not to bring neighborhood down. Kirk no doubt there is a criteria need for affordable housing within our community. Struggling with taking the middle the block when rest is single family. If I was a person who built a SF home on that block, how would I feel with the 4 duplexes and triplexes. LJ others living there would sign something they don't mind, and others moving in would sign something. I'm sure I could get something by the next meeting. Single story, 1000 ft 2/2. Concrete drive. LJ kind of a combination with the modular. Noel apt looks great, accept 100% in my neighborhood. Distributed other pictures of the areas. LJ area is improving, know how you build, its good, Cook council wants to give time, you can table the ord. Lowry - hear from audience. Janet Estremera. Generally appropriate use. When people think MF they congestion, off-street parking needs to be looked at, neighbors object to the parking, look at that, drainage is another. Permit with SFWMD with control swells when presented in 2002 Mr. Robertson would keep clean, 5th street ditch from 91h to 10`h has been compromised due to development. Items to be on the list. Mayor kirk said affordable Creech said for doc and nurses, Kirk, not meaning low cost or low income for example teachers. So you mean affordable for professional people? Yes, 30,000.00 per year. Rents in newspaper are 800 to 1300 places available in that range what is your range 800 and 1000. In my book is affordable. Anything above a teacher could not afford. SW 2nd Street 800 block. West of Morgans furniture. Okay good. In general in favor if the items are addressed. Are you on the block or across the street 10 hundred block. Rezoning from H to RSF appropriate even then drainage was a concern then. Lowry - know what Danny is trying to do everyone is wanting to do the MF, same speech about MF since I've been here stopped spot zoning, se section looked at MF turned down some over there because of MF and need for MF agree with Mr. LaRue and board. Kirk need to give additional time? DW - the problem with this if it was on one side or the other like next to city barn or next to vacant land you could justify it, really tough to do in the middle of the block, several had sf rest of the block and I agree with what the mayor said, if vacant land would also be different and I know how I would feel if I invested in a sf home and then they changed in after I got in there with my investment or built on the assumption of all of it being sf. The problem is and I know what creech would do blend in well with nice development and set president that you will do this and this is a mixed used neighborhood, MF across the street but its all sf, need something to hang your hat on to say this is an exception. Planner notes we don't do just part of a block. New Idr's stopped all this mixed development that is already in there. Kirk all the people on that block gave ok that its good. Lowry hate to be man w/ 2 spec homes and then MF. Cook - planner quiet comp plan compliance cannot be applied by a neighborhood vote. Noel what are the set back? Close to 30 ft 10 ft has to be met with larger lots can do more. Minimum of 30 ft. LaRue - don't want to do sf in that area? Watford one issue is the land planning portion and will dictate what happens to the zoning. Noel - why MF sf? Then you get into density and quality. What were suppose to do is talk in terms of the use of th eland not the quality of the builder who is doing the development. Where do you stop. Distinctions are in place with the 2. You have a MF density that is realistic. Creech drainage will be taken care of, parking could have at least 3 with size of lots, other thing if we could do MF, control environment, then if sell sf home not everyone takes care of there homes. Landscaping, lawn Page -5- maintenance, culverts in. Still have to get financial and plans drawn up 6 months before we could break ground and will have to do in 2 phases, 1 side of block and then other and also we could do buffers. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:56 P.M. VIII. NEW BUSINESS. A. 1. a) Council Member Watford moved to read by title only, and set August 15, 2006 as a final public hearing date for proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert R. Batton - City Clerk (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 952 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 953; seconded by Council Member Chandler. b) Discussion. TRC minutes, at final hearing? Issue or is there an issue? Mentioned engineer recollection, nothing in minutes, others at TRC meeting. He also mentioned any approval ... not his normal comment. Drainage is least important at this location. Noel it's a dead end alley anyway so don't see who we'd use it to begin with, c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Williams moved to read by title only and set August 1, 2006 as a final public hearing date for proposed Ordinance No. 954 regarding Petition No. 06-013-R, submitted by Daniel B. Creech, property owner - City Planning Consultant (Exhibit 3); seconded by Council Member Watford. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT Page -6- KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 954 by title only as follows: "AN ORDINANCE OF THE 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 RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member Chandler moved to approve the first reading of proposed Ordinance No. 954; seconded by Council Member Watford. b) Discussion. Petition No. 06-013-R was submitted by the property owner, Daniel Creech. The request is to rezone Lots 4 to 10 and East one-half of Lot 15 to West one-half of Lot 22 of Block 99, City of Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject vacant property is located between Northwest 5th and 6th Street and Northwest 9th and 10th Avenues. Planning Staff Report Summary: The applicant is requesting the RMF Zoning to develop 2.313 acres of land as triplexes. The applicant is also requesting the Multi -Family Future Land Uses Category which allows apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 23 units on the subject property. As stated in the applicant's Small Scale Amendment Report (06-014-SSA), the subject property would seem to be more consistent with the Comprehensive Plan Policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. As can be seen on the Zoning Map, an RMF Zoning in this area would be incompatible and create an isolated district within a Single Family neighborhood. Board Member Hoover made a motion to recommend denial to the City Council based on the Planning Staff findings that Petition 06-013-R is inconsistent with the Comprehensive Plan and incompatible with surrounding zoning; seconded by Board Member Burroughs. Motion Carried with unanimous vote. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: DENIED. C. Council Member Watford moved to approve a request by First Baptist Church to temporarily re-route traffic around Southwest 3rd Street, 6'h Avenue and 4" Street for drop-off and pick-up times during Sports Camp July 17 - 20, 2006 - City Clerk (Exhibit 4); seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Tape 2 side A Page -7- D. Council Member Watford moved to approve a Temporary Street Closing Application for the Labor Day Festival from 7 a.m. - 4:30 p.m., September 2 - 4, 2006, and from 6:00 a.m. - 8:00 p.m., December 9, 2006 for the Christmas Parade, submitted by the Chamber of Commerce (followed by Hamrick discussion) - City Administrator (Exhibit 5); seconded by Council Member Williams. Watford use of the park as normal by admin through application, no action by us as long as it meets the requirements set out. Brian submitted but have not approved it until this was completed. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Lowry don't think appropriate to discuss without hamrick being here. Brian I notified them. Kirk when this was given to me I went to library and looked up this article and maybe its just me being skeptical but like to make sure I have all of its 4/21/1982 and this letter from al references this and one of the things that's confusing but when you read this it makes reference to a letter that col hamrick gave to chamber parks were to be used by the chamber of commerce for all their fund raisers and he would encourage the Seminole Indians to use the parks under the chamber and this would settle anything about the use of the parks and put to rest anything in the future and letter states all board members got a copy of the letter and that the city was provided one don't know if we could find it or not. As I've made presentations in the community I always have to be ready to answer questions about the park been told by someone that they had personal conversations with col. Hamrick but none of them had the same thing said. Meeting of the chamber don't know if there is a copy of the floating around or not. I went to the library and found this myself. Okee news report letter that chamber should have full use of that park and that is not what we have been told by people. Information you needed. Brian adding hamrick discussion, administratively approving the application for use of the parks, approved the street closing and administratively that the applications should now be approved. Watford in my opinion if everything is in order with their application and it meets our requirements and this is how we have been doing it then yes. Brian - not try to hamrick they stated themselves they were not out to try to stop things Kirk meetings were good Brian festival that sparked discussion was the main street farmers market and we're going to be getting that application as well very soon we're in August. Do I bring that application to the council? Cook every time we discuss this I review the info I got, my opinion hasn't changed in the public interest to approve these applications free to do that, free to continue discussions with the trust as well. Kirk, trust needs to continue to be worked with not been duking it out with each other, have to respect that, unfortunate last correspondence is back in 82 as far as trying to clarify. Don't think that admin need to sit down and discuss legal issues with them. Brian clarification staff instruct to meet with hamrick attempted to set up meeting, cook rec'd letter with 20 some legal questions however not city council directive to engage in legals but to meet and reach an amicable solutions, had mis direction there. Kirk sure they will get in touch with us and will listen to those and see if its something we can adhere to given respect to them and we should do that but we can't just stop doing business either. Other comments? None. E. Consider a request for a reduction in parking for Firestone Tire & Service - Rickey L. Farrell (Exhibit 6). Engineer Loris Asmessen submitted a site plan to the Technical Review Committee (TRC) on behalf of Park Tire Land Revocable Trust company Cook background on proposes to change the LDRs in parking. Similar parking regulations for this type of business. LDR's may require parking study. Or postpone. Sq ft of building, storage, only cars being fixed is parked there. Make exception based on info you have still a non- conforming structure have same problem all over again. Applicant understand that is doesn't take care of it. 0 • Approve to go into effect kirk one of the things that has to be in back of our minds that we cannot approve of there is no way know its going to come on this floor so we're going to run into this again. Noel totally different circumstances. Kirk, cant ignore Idrs hard for public to understand sometimes. Brian elaboration project went through Ipa parking issue and to be address, modification to site, ingress only and landscaping issue then TRC again parking be addressed through study, your prerogative, even modification site plan floor plan of building and possible lower, this applicant would not qualify for it, this would not work site calls for 54 spaces, w/ changes still 30 requires and only 19-20 on site so don't look for the Idr amendment to be saving grace for this project however lead to further discussion remodeling of existing building more than floor plans taken into consideration, usually a downtown area with additional public parking rehab type areas. Dowling did we resolve the other issue? Rear set back and impervious surface. Impervious no. how can we resolve that? Breaking up building but then worsen the parking, landscaping the 4.6 % could be resolved. Landscaping is important, between them and McDonald to try to get close tape 2 side B 7:38 p.m. Lowry went over there, pulled in parking area, into side of street and turned, no problem with parking on side not that busy of a street. 20 parking we can ? Not applicable for the reduction within this zoning district. Back out not allowed by code. 2 telephone poles in the way. Change to angle parking can do it without getting into the street, agree with Idr's but help people use their buildings . Shared parking with mcDonald. Some other issues other than parking change to angle parking. They said 5-6 spaces could be shared with mcDonald. Tom Elmore - 1970 picture, later, wise tv, refer to red portion of drawing 1700 ft used by public only access, less than radio shack 1900 sf, yellow shop area, purple office, green 11 parking space go down side, people parking there for over 30 years, people parking on street with no property, subway, wendys willard mays all parking on the street even with owning alleyway can park 6 cars there. Businesses in there since 1968 and been run with no parking problems. Got some pictures for instance 4 roll up doors for bays could do that, can't come across right of way to use the property plenty of place to back up, pictures of that area, man wants to put in a firestone business since January building was built for car lot and garage, hire me to go around and find all these places to go around and find these new owners that are violating the laws you are trying to make him hold to. History shows, radio shack wise tv dodge dealership at one time, used parking in back with mcDonald for employee. They have assured us we can use area for employee parking they just don't want trucks or cars being worked on. St. Lucie 22 parking'/2 2 story building, 10000 sf detail shop oil change bay, doesn't bring a lot of parking generated. Carpet cleaning, also within there. Handicap parking requirement don't' use. All the parking goes on inside building 15-18 cars non -issue Elmore has gone around town to look at other areas. Brian site plan dev by eng using requirements no one is questioning that you can cram cars in an area. If you want to follow the site code we have a site plan that was developed by using the code regulations. If you tore it down you cannot put 54 spaces in there. Brian we agree with that. Noel we have accommodated older buildings to get things to work. Brian SE, TRC we've said economic perspective we don't want an empty building, Idrs were set up to keep consistency, know why its put council in hard spot but staff and board is trying to avoid citizens say why did you give that person a license in that environment and we get that all the time. Kirk parking study done would support what has been said here. When I've gone to tire places in town you don't see a lot of cars around. Cook, 20 spaces 60 percent reduction and never used that much. A lot of other applicants turned down who would like to have had this same opportunity, suggest limited to this business and tire changing business only some justification for making changes to parking. Kirk required parking study. Applicant and pays for it by a traffic study engineer. TRC didn't have to be elaborate not defined what a parking study is. Not that type of expense. Page -9- Noel don't think he needs one. Watford disagree with attorney 90-483 modification of shall be as follows number of spaces may be increased or decreased when traffic study are easy to do don't think we have luxury of parking study and should want it and know going to come up again and if we don't have something to back us up we're going to be in trouble. Didn't TRC tell them. Knew when you came to meeting that you needed a parking study. Tape 3 side A Lowry wording that tells you do something or may do or sometimes do. Dowling disagree with that particularly that the TRC motion was a parking study was a requirement. Sure applicant engineer with his expertise he knows the difference. Motion to table until parking study presented. Motion died for lack of second. Council member Markham moved to approve parking engineering study as presented with the 20 parking spaces limited to this type of business under this ownership; chandler. Dowling going to come back and haunt you. Kirk, for peace of mind would have been better to have the traffic study and helped us in the future. LJ ask for letter from McDonald get letter from property owner 5-6 spaces Watford second. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. F. Disposition of Commerce Center sale of property to Holmes Cabinets and Adron Fence - City Administrator. Adron - not doc stamps issues are with paragraph 13 and 14, Nancy created wording for our grant applications. Brian rescind 12/6 motion and re -clarify this one particular in Holmes situation. Watford rescind 12/6 motion with adron fence. Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Additional requirements not spelled out like closing date, purchase price and other major ones are spelled out purchasing right of way and cul-de-sac, we have to follow with vacation of that on the plat. Area is surveyed that will be vacated. Reconfiguration of easement for se runs in front of these properties easement that runs parallel that will be addressed as well, easement road right of way has been added into, cul de sac and right of way that we owned is what increased the acreage to 11.22 acres, that is figured into the price. Yes. Page -10- Watford moved approve agt w trc I Ilc for purchase of property in commerce center williams. Cook presice leagal attached provided by admin. Closing date set? Contengency of finance for time limit? Depost of $15,500 until closing date, you can set it in your motion to your closing date, no financing from backing institution, 60-90 days have to do due diligence. Lowry 90 moved to amend the 90 days Noel second VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED TO AMEND. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED AS AMENDED. Holmes haven't discussed, put off any longer, amend to include same language as adron 13 and 14. Lowry without looking at their contract, do they have some specifics we don't have in ours? Broker type contracts, rather use ours, already gone through it, just change acreage and amounts and attach legal descriptions, have to do due deligence, 90 day closing just like this one. Watford approve our contract tonight, who do they use there rep west harmon, they could have theirs look at it if thye didn't like it then be delayed by another meeting. Council Member Markham made a motion to approve the contract for sale and purchase with Holmes Cabinets; seconded by Council Member Watford. Brian - the motion to rescind the December 6 action needs to be made first. Motion/second withdrawn. Council Member Watford moved to rescind the December 6, 2005 motion in regards to Holmes Cabinets; seconded by Council Member Chandler. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Council Member Markham moved approve an agreement with Holmes Cabinets, for purchase of property in Commerce Center, precise legal description to be provided for the entire 2 acres and that the closing takes place within 90 days; seconded by Council Member Watford. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. G. Motion to approve a Revised Elections Agreement between the City, Board of County Commissioners and Supervisor of Elections - City Clerk. ITEM WAS REMOVED FROM THE AGENDA. Page -11- H. Council Member Watford moved to set tentative millage rate of 7.1899 for fiscal year 2006-2007 - City Administrator (Exhibit 7); seconded by Council Member Markham. Feel confident you can bring budget VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. I. Council Member Watford moved to set advertisement of First Budget Hearing for September 19, 2006 at 5:01 p.m. - City Administrator; seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Upon arriving at the meeting you will find an amended Certification of Taxable Value and calendar. Please note that, due to time constraints associated with receiving the Certification from the Property Appraiser but still meeting the 65+ day requirement for 1 st Public Hearing we had to move the 1 st Public Hearing to Sept 19th. We will still delay the City Council meeting but have the budget workshop to Sept 6th in order to not conflict with the School Board initial budget hearing. The schedule of meetings for the City is as follows: Wed 09/06/06 5:01 PM Budget workshop (and City Council Meeting) Tue 09/12/06 5:01 PM Budget workshop #2 (if nec) Tue 09/19/06 5:01 PM Budget hearing (and City Council Meeting) Tue 09/26/06 5:01 PM Budget hearing - final The matter requires separate motions as indicated on the Agenda Request form: Motion to set tentative millage rate of 7.1899 for f/y 06-07 Motion to set advertisement of initial budget hearing - 9/19/06 at 5:01 PM Motion to set 2nd/final budget hearing for 9/26/06 at 5:01 PM, set budget workshop for Wed., 9/6/06 (5:01 PM) and second workshop (if needed) for Tue., 9/12/06 (5:01 PM) Watford final 9/26 Markham VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Council discussed the budget workshop dates and times. Workshops do not have to be after a certain time of the day like the public hearings. Council Member Watford moved to get the budget workshop for Wednesday, September 6 at 6 p.m. and if required a second workshop on Tuesday, September 12 at 6 p.m. Lane - does the motion included moving the regular scheduled meeting from September 5m to the 61h? Also, just to keep in mind, the Code Enforcement Board meets at 7:00 p.m. on the 12m so the Council may want to set an earlier time that's not going to give you all much time to have a workshop. Motion and second were withdrawn. Page -12- Council Member Watford moved to set the first budget workshop for Wednesday September 6 Postpone the reguarl September 5 meeting the the 6th as well schedule the second budget workshop (if necessary) for September 12 2006 times to be determined by the Mayor and City Clerk• seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 8:48 P.M. CITY OF OKEECHOBEE JULY 18, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: July 18, 2006, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson, First United Methodist; is 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2006 Regular Meeting.0-5 OaVo'- eU4 cnti.e tA) 4Occb vine c fern m 0 �7 97-. 4hmW-d hU-Ckff "Crr1 Uja.qoid me-x.tc( 4-o JULY 18, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 4 V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2006 Warrant Register, General Fund $846,459.35 Capitol Projects - Vehicles $845,373.13 CDBG Fund $ 5,000.00 • Industrial Development Fund $ 108.70 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 953 regarding Future Land Use Map Application No. 06-014-SSA, submitted by Daniel B. Creech, property owner - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. • c) City Attorney to read proposed Ordinance No. 953 by title only. 2.a) Motion to adopt proposed Ordinance No. 953. (Planning Board is recommending denial.) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. JULY 18, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set August 15, 2006 as a final public hearing date for proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert R. Batton - City Clerk (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. • c) City Attorney to read proposed Ordinance No. 952 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 952. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set August 1, 2006 as a final public hearing date for proposed Ordinance No. 954 regarding Petition No. 06-013-R, submitted by Daniel B. Creech, property owner - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 954 by title only. is 2.a) Motion to approve the first reading of proposed Ordinance No. 954. b) Discussion. c) Vote on motion. C. Motion to approve a request by First Baptist Church to temporarily re-route traffic around Southwest 3" Street, 6th Avenue and 41h Street for drop-off and pick-up times during Sports Camp July 17 - 20, 2006 - City Clerk (Exhibit 4). JULY 18, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. D. Motion to approve a Temporary Street Closing Application for the Labor Day Festival from 7 a.m. - 4:30 p.m., September 2 - 4, 2006, and from 6:00 p.m. - 8:00 p.m., December 9, 2006 for the Christmas Parade, submitted by the Chamber of Commerce (followed by Hamrick discussion) - City Administrator (Exhibit 5). E. Consider a request for a reduction in parking for Firestone Tire & Service - Rickey L. Farrell (Exhibit 6). 0 F. Disposition of Commerce Center sale of property to Holmes Cabinets and Adron Fence - City Administrator. • G. Motion to approve a Revised Elections Agreement between the City, Board of County Commissioners and Supervisor of Elections - City Clerk. H. Motion to set tentative millage rate of 7.1899 for fiscal year 2006-2007 - City Administrator (Exhibit 7). I. Motion to set advertisement of First Budget Hearing for September 6, 2006 at 5:01 p.m. - City Administrator. IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. -,,Office*of the Mayor. Okeechobee, Florida 'in 2004, approximately 10.8 million drinkers were under legal age (ages 12 to 20, and �kv' EREAS, alcohol use among children and adolescents starts early and increases rapidly with age, and +(ERAS, by the time they reach the eighth grade, nearly 44 % of adolescents have used alcohol illegally at least? and more than 201r6 report having been "drunk" and uo Se tN. WHEREAS, underage alcohol use is more likely to kill young people than all illegal drugs combined, and fi : .Y WHEREAS, the.2004'Florida Youth Substance Abuse Survey, Okeechobee County Reportshows that the average of youth drinking at least one time permonth was age 12.2 formiddle school and age 14.5 for high school; .arjd i WHEREAS, the.2004 Florida Youth Substance Abuse, Okeechobee County Report also shows that percentages:bf" Okeechobee youth reporting drinking in the past 30 days were above the Florida Statewide percenfag6s ` Okeechobee ages 10 - 14 (24.5%) compared to Statewide 20.8% and Okeechobee ages 15. =_ 17 (50,0) compared to Statewide 41.2% (A score of 50 represents the national average.) ; r4�s. WHEREAS, family factors, such as parent -child relationships, discipline methods, communication; monitoring and ' =`1 supervision, and parental involvement; exert a signficant influence in youth alcohol use, and ' WHEREAS, children, with the care and support from family, friends, health professionals, teachers, clergy, atld Qthrs, a cari avoid the negative effects of alcohol and drugs, and NOW 7`HEREFORE, 1, James E. Kirk, by virtue of the authority vested In me as Mayor of the City of Okeechobee .. Florida, in conjunction with the Okeechobee Substance Abuse Coalition, do hereby proclaim Okeechobee, {y: an=VNDERAGE DRINKING FREE ZONE" and encourage parents, caregivers, and al4 tBsidents ' , , 77 Okeechobee to prevent underage alcohol use by teaching children about the harmful effects of unds�age alca., use and how they can resist peer pressure to get involved in the use of alcohol. in witness whereof i have hereunto sr hand and caused this seal to be'ah \ Jtam s E.Kirk; N 4 Cane G "mots • • TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk , SUBJECT: June 20, 2006 Minutes Correction on Page 3 of 10 DATE: July 18, 2006 When considering approving the June 20, 2006 minutes please approve as corrected, Page 3 of 10, New Business Item: "Council Member moved to instruct Attorney Cook to prepare the necessary ordinance closing the alleyway in Block 92 as requested in Alley Closing Application No. And bring back to the Council for consideration; seconded by Council Member Williams." The original copy that is signed will have the corrected motion. Thank you. ! • 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 advertisement, being a in the matter of �+ 1 7LI-, 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 affrant 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 pu ication in the said newspaper. Sworn;to 4hd subscribe9 before me this / C. day Notary'Public, State of Floridd at Large `' WLIC NOTICE CONSIDERATION OFADOPTING A Cm ORDINANCE EASE TAKE NOTICE that the City Council of the City of ON Tuesday. July 18, 2006 at 6:00 p.m. or as soon thereafter 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARIN consider final reading of the following Ordinance into law MANGE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (S TO MULTI- FAMILY (MF) PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FU- TURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. re Ordinance is regarding Small Scale Comprehensive Plan Future land Use Appli- cation 06-014-SSA submitted by Daniel B. Creech. The request is to ch a the Future Lane Use designation from Single Family (SF) to retest (M� for property located between Northwest Sth and 6th Street and Northwest 9th and 10th Avenue. Legal description: Lots 4 to 10 and 15 to 21 and the West one -hall of Lot 22 of Block 99, Okeechobee Plat Book 5 Page 5 Public Records, Okeecho- bee County and is approximately 2.313 acre(s). 1 members of the public are encouraged to attend and participate in said NUN. The proposed Ordinance may be inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business hours, Mon -Fri, 8am-4:30pm,except for holidays. .EASE TAKE NOTICE AND BE ADVISED that U any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. accordance with the Americans with Disability Act (ADA),and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceedings should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (1-M. no Gamiotea, CMC, CITY CLERK i6368 ON 7/7/06 • • EXHIBIT 1 JULY 18, 2006 ORDINANCE NO. 953 AN ORDINANCE OFTHECITYOF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF) PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-014-SSA), submitted by property owner Daniel B. Creech, for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on June 27, 2006, and submitted by staff report, which determined such applicant(s) to be inconsistent with the Comprehensive Plan and is not appropriate to the future land uses within the City; and WHEREAS, the City Council found that the proposed application(s) does comply with the requirements of Florida Statutes 163, Part ll, and that the proposed application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 2.313 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-014-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: Lots 4 to 10 and the East one-half of Lot 15, Lots 16 to 21, and the West one-half of Lot 22, Block 99, OKEECHOBEE, according to the plat thereof recorded in Page 1 of 2 Plat Book 5, Page 5, of the public records of Okeechobee County, Florida. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 953 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 18T" day of July, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 18th day of July, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 General of Okeechobee Services Depalgnt 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Petition NoOil- - Fee Paid: GQJurisdiction: 1st Hearing. (P C) ca 2ndHearing Publication Dates: 1 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): A - Owner mailing address: =p -' Name of applicant(s) if other than owner (state relationship): I` -�_ Applicant licant mailing address: g Fes- Name of contact person (state relationship):L�Lk4 A 0,410( T [Co.tact erson daytime hdne(s): (�3- 3 Ck (o3 Fax: d/ Property address / directions to property: )J 3-/-3J- GO,0- " � F `O-00� /o Parcel Identification N umber: _/ 3 _ 0010 _ _ j Size of the Property (in acres): Current Zoning Designation:,S — t Current Future Land Use Designation: S P=_ Existing Use of the Property: __- Proposed Future Land Use Designation: Proposed Use of the Property: �t L� TeA PL-e?L up't l� -_ fie► 6LC 14O L.S l f`I.C-, . Desch lion of Surrounding Properties: AU J41 01.(S tll LC, FAV t Lt/ Y -__ l\uLTi�t=,piV`[L }mustV7 ou *i4EAP-�sA =_- Legal Description of the Property 4Lengthy Description May be Attached): Uniform Land Use Application (rev. 12/03) Page I of 2 Y Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization rVA Application Fee (non-refundable) City Location Map I hereby cerfify that the information in this application is correct. The information included in this application is for use b City of Okeechobee in processing my request. False or misleading info ation may be punishable by a fine of up to $500-00 and imprisonment of up to 3D days and 4yA)59u0n the ummary denial of this application. Printed Name Uniform Land Use Application (rev. 12/03) Page 2 of 2 Applicant's Letter Outlining Request For Comprehensive Plan Amendment Daniel B. Creech Application The applicant is requesting Family to be reclassified a interested in developing residents of Okeechobee. the existing classificati s Multiple Family. The affordable multi family m of Single applicant is housing for j .. . . . . . . . . V Ej B ov ,5. ., F.7, aw X.X.— WIWI lil6 MN NORTH 7 1375 Jackson Street, Suite 206 • Fort M& Florida 33901-2845 Phone: 334-3366 Fax: 239-334-6384 Email: larue-planning @ att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for.• Applicant.• Petition No. g'. ..tf; The City of Okeechobee Daniel R Creech 06-014-SSA Staff Report Applicant: Daniel B. Creech Small -Scale Comprehensive Plan Amendment Petition No. 06-014-SSA General Information Future Land Use 1vSap ClasszficaLto Use.of Property Legal Description: Lots 4, 5, 6, 7, 8, 9, 10 of Block 99 and Lots 15, 16, 17, 18, 19, 20, 21, and the west 1/2 of Lot 22, Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee County, Florida. The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow a multi -family housing development on the subject property. Based on the size of the property (2.313 acres), this application qualifies under Chapter 163, F.S., as a Small -Scale Amendment to the Comprehensive Plan. Concurrent with this request, the applicant is also requesting a rezoning for the subject property from RSF-1 to RMF. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family H Vacant Single Family & Industrial RSFl & IND Single Family Dwellings and Vacant Single Family RSFI Single Family Dwellings Single Family & Public Facilities PUB Municipal Buildings PA Staff Report 0 *Applicant: Daniel B. Creech Small -Scale Comprehensive Plan Amendment Petition No. 06-014-SSA MW 7 TH STMT COMPREHENSIVE PLAN W—Azublowt- SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL fM PUBLIC FACILITIES ZONING VON 9 The subject property is located on NW 5`h and NW 6`h Streets and is approximately 2.313 acres. As stated earlier, the applicant is requesting that the Future Land Use Map be amended from Single Family Residential for this property to Multi -Family Residential to allow for construction of triplex dwelling units. The subject property has a zoning classification of RSF-1 (Residential Single Family One). The property is within an area which is predominantly single family. Multi -family development will be out of place at this location. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request does not show adequate data and analysis to support a conversion to the Multi -Family Land Use category as shown in the Future Land Use Element of the City's Comprehensive Plan. Policy 2.4: The City, through revision of the appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. The subject property would seem to be more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. B. Concurrency of Adequate Public Facilities Traffic: The applicant has not submitted a Traffic Analysis to support this Comprehensive Plan Amendment for the property. The applicant should present analysis which demonstrates the traffic impacts to NW 5`h Street and NW 6`h Street. Schools: The applicant is proposing a maximum total of 23 multi -family residential dwelling units, but has not given any information as to how many school aged children this development could generate. Drainage: The applicant has not provided information on how surface water management will be provided on -site. During the site plan review phase of development, all design and construction of the proposed stormwater management facilities must be permitted through the South Florida Water Management District and must comply with all District rules and regulations. Staff Report • *Applicant: Daniel B. Creech Small -Scale Comprehensive Plan Amendment Petition No. 06-014-SSA Potable Water and Sanitary Sewer. Okeechobee Utility Authority (OUA) should have the capacity to provide service from its water treatment plant under the current Single Family Future Land Use Classification of the subject property. The anticipated flow for the proposed Multi -Family Future Land Use Category (triplexes) has not been determined by the applicant. It is not clear whether sewer is available and with recent conversions from Single Family there needs to be some acknowledgement of past approval impacts. The applicant should submit data from the OUA which shows that there is capacity to serve the 23 units. C. Compatibility with Adjacent and Nearby Land Uses The proposed Future Land Use and the corresponding RMF Zoning would be incompatible with the adjacent and nearby uses. Allowing this change would create an isolated multi- family district within a single family neighborhood. The proposed development would be out of scale with adjacent and nearby uses. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do allow for a Small Scale Amendment to the Future Land Use Map to Multi -Family. This proposed change at this time is not consistent with the Objectives and Policies of the City of Okeechobee Comprehensive Plan. Analysis and Conclusions This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Based on the application being inconsistent with the Comprehensive Plan, Staff recommends denial of the applicant's request to amend the Future Land Use Map from Single Family to Multi -Family. Submitted by: James G. LaRue, AICP June 20, 2006 E 15 16 11 18 19 20 II 12 13 14 15 16 17 18 19 20 m m 40 9r,4 5 5 4 3 2 1 10 9 8 7 6 5 4 3 2 1 Q at E 8 H 15 16 17 18 19 20 it 12 m 13 14 15 16 17 IB 19 20 6 5 4 3 2 1 10 9 8 7 8 5 4 3 2 1 w i0 s 9 m a � Q 15 16 11 18 19 20 11 12 13 14 15 16 17 19 19 20 .. .. .� .. .. .. ... z id 1� 16 I 11 1� 19 I 20 I 21 21 I h1 r� 7 B 9 10 111 12 50 m 70 so50 N. W. 11 TH STREET 10 N 13 1 II 10 0 7 6 5 4 3 I4 1 16 11 1 19 20 21 22 23 24 25 21, 10� i40 m I _suJ N. W. 10 TH STREET N. 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I 13 12 It 10 9 8 7 6 5 4 J 5 5 4 3 2 5 3 2 1 6 f 4 69 7Q . 7:1 14 15 16 17 18 19 20 21 22 23 24 d5 7 8 9 10 11 12 5 8 10 11 12so so 7 ] 9 ! m 41.1 5 a 9 0 so 13 2 II f0 9 B 7 6 5 4 3 1 - e 14 50 5 16 17 1B 19 20 21 i m la N 2 23 24 NMI mm so 15 13 12 11 10 9 B 6 5 1 ] . 11111 14 15 1 i 17 18 19 20 21 22 23 24 L 20 i sn s9 6 5 4 3 2 1 - a 7 0 9 10 II 12 0 6 5 4 3 2 1 7 8 9 10 11 12 6 5 4 3 2 1 130 7 8 9 10 it 12 sn m 5 5 4 3 2 1 133 7 8 9 10 11 12 IQ 9 q !° 8 7 6 5 4 3 2 1 13 12 I1 10 9 8 7 6 5 4 3 1 6 5 4 3 2 I � x 14 15 I6 17 18 19 20 21 22 23 2c, 7 8 9 !0 :1]112 24 25 N N 11 12 13 !d 15 I6 17 18 19 20 INV- STATE ROAD 70 N. W. PARK STREET ql x4 q3 I.a 98 o6 5 4 3 2 1 RO 13 12 I1 N199 10 9 9 7 i "'6 5 4 7 0 9 8 7 6 5 4 3 1- '1 Il 12 13 14 15 16 17 18 19 20 m m 6 5 4� 3 2 I 18 9 20 21 22 23 li S. W. 2 NO STREET S.W. PARK STREET 13 12 11 10 9 8 7 5 5 d 3 2 1 R 1 2 9,7 5 6 a 4 6 3 2 1 6 5 4 6 9G: B 10 11 12 7 8 9 9 142.5 11.5 17.g m a a . 5 3 2 1 6 5 4 103: R: .4 : 104 8 10 11 12 7 8 9 9 N. W. 4 o. 4 5 ,9 3 2 1 6 5 4 A 1tg: a :12. B 10 II 12 7 8 9 9 i N, W. 3 1 4. 4 w 5 3 2 1 w 6 5 4 y 6 a - 7 B IO I 12 s 7 8 9 9 N. w. 2 r u. s m I a c 4 gO 2 5 3 2 1 6 5 4 100 0 5 7 8 9 f0 11 12 7 8 9 STATE 3B F L so 5 4 3 2 1 6 5 4 d O 7 N 6 B 10 II 12 IC 9 IB .285 AC S. W. 2 NO Fgr- m , 1t 13 12 I1 10 9 9 7 fi 5 4 3 June 27, 2006 - Planning Board/Board of Adjustment and Appeals - Page 3 of 12 L' • V. PUBLIC HEARING CONTINUED. B. A second public hearing will be held before the City Council on Tuesday, August 1, 2006 at 6:00 p.m. in the Council Chambers. C. Comprehensive Plan Future Land Use Map Amendment Application No. 06- 014-SSA: Consider a recommendation to the City Council to change the land use designation for Lots 1 to 26 of Block 99, City of Okeechobee, from Single family (SF) to Multi - Family (MF). The subject vacant property is located between Northwest 5' and 6" Streets and Northwest 9' and 10`'' Avenues. The application was submitted by property owner, Daniel B. Creech. This applica- tion is associated with Petition 06-013-R - City Planning Consultant. Due to the postponement of action a second Public Hearing will be deferred until August 15, 2006 before the City Council. Planning Staff Report Summary: The subject property is located on Northwest 5' and Northwest 6' Streets and is approximately 2.313 acres. The applicant is requesting that the Future Land Use Map be amended from Single Family for this property to Multi -Family to allow for construction of triplex dwelling units. The application was submitted by the property owner, Daniel Creech. Legal description on the agenda is incorrect. While the applicant owns the entire block, the application is only for Lots 4 through 10 East one-half of Lot 15, Lots 16 to 21, and the West one-half of Lot 22 of Block 99, City of Okeechobee. Planning Staff Report Comprehensive Plan Analysis: Consistency with the Land Use Categories and Plan Policies. (A) As proposed, the applicant's request does not show adequate data and analysis to support a conversion to the Multi -Family Land Use category as shown in the Future Land Use Element of the City's Comprehensive Plan. Policy 2.4: The City through revision of the appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. The subject property would seem to be more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. (B) Concurrency of Adequate Public Facilities Traffic: The applicant has not submitted a Traffic Analysis to support this Comprehensive Plan Amendment for the property. The applicant should present analysis which demonstrates the traffic impacts to Northwest 5`' Street and Northwest 6' Street. Schools: The applicant is proposing a maximum total of 23 multi -family residential dwelling units, but has not given any information as to how many school aged children this development could generate. Drainage: The applicant has not provided information on how surface water management will be provided on -site. During the site plan review phase of development, all design and construction of the proposed stormwater management facilities must be permitted through the South Florida Water Management District and must comply with all District rules and regulations. June 27, 2006 - Planning Board/Board of Adjustment and Appeals - Paee 4 of 12 V. PUBLIC HEARING CONTINUED. C. Consider Petition 06-014-SSA continued. Potable Water and Sanitary Sewer: Okeechobee Utilit Authority (OUA) should have the capacity to provide service from its water treatment plant under the current Single Family Future Land Use Classification of the subject property. The anticipated flow for the proposed Multi -Family Future Land use Category (triplexes) has not been determined by the applicant. It is not clear whether sewer is available and with recent conversions from Single Family there needs to be some acknowledgment of past approval impacts. The applicant should submit data from the OUA which shows that there is capacity to serve the 23 units. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed Future land use and the corresponding RMF Zoning would be incompatible with the adjacent and nearby uses. Allowing this change would create an isolated multi -family district within a single family neighborhood. The proposed development would be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do allow for a Small Scale Amendment to the Future Land Use map to Multi -Family. This proposed change at this time is not consistent with the Objectives and Policies of the City of Okeechobee Comprehensive Plan. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statues. Based on the Planning Staff findings the application is inconsistent with the request to change the Future Land Use Map from Single Family to Multi -Family. Chairperson Ledferd asked whether there were any questions or comments from the public. There were none. Board Member Hoover questioned that should the application be recommended for denial, would it go before City Council? Planner LaRue answered, yes. Board Member Hoover made a motion based on Planning Staff Report findings, Application No. 06-014-SSA is not consistent with the Comprehensive Plan and recommends denial to the City Council; seconded by Board Member Burroughs. June 27, 2006 - in2 Board/Board of Adiustments and 5of12 V. PUBLIC HEARING CONTINUED. C. • 0 0 Consider Petition 06-014-SSA continued. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - NAY JUAREZ-YEA MCCOY - YEA JOHNS -YEA BURROUGHS-YEA MOTION CARRIED. A second public hearing will be held before the City Council on Tuesday, July III Application will be forwarded in ordinance form for a final Public Hearing on July 18, 2006 18, 2006 at 6:00 p.m. in the Council Chambers before City Council. Consider Petition No. 06-013-R: Recommendation to City Council to rezone Lots 4 to 10 and East one-half of Lot 15 to West one-half of Lot 22 of Block 99, City of Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject vacant property is located between Northwest 5th and 6" Street and Northwest 9' and 10`h Avenues. The petition was submitted by Daniel B. Creech, property owner. This petition is associated with Application 06-014-SSA City Planning Consultant. Petition No. 06-013-R was submitted by the property owner, Daniel Creech. The request is to rezone Lots 4 to 10 and East one-half of Lot 15 to West one-half of Lot 22 of Block 99, City of Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject vacant property is located between Northwest 5th and 6`h Street and Northwest 9`' and 10`h Avenues. Planning Staff Report Summary: The applicant is requesting the RMF Zoning to develop 2.313 acres of land as triplexes. The applicant is also requesting the Multi -Family Future Land Uses Category which allows apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 23 units on the subject property. As stated in the applicant's Small Scale Amendment Report (06-014-SSA), the subject property would seem to be more consistent with the Comprehensive Plan Policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. As can be seen on the Zoning Map, an RMF Zoning in this area would be incompatible and create an isolated district within a Single Family neighborhood. Board Member Hoover made a motion to recommend denial to the City Council based on the Planning Staff findings that Petition 06-013-R is inconsistent with the Comprehensive Plan and incompatible with surrounding zoning; seconded by Board Member Burroughs. City Council Members The following is a list of addresses that are surrounding block 99 that have multi family building on them. These addresses are only from NW 2"d st to NW Th St and from the city ditch to NW 2"d ave. There are several more across the railroad tracks including Tangle wood, the Commons and several Duplexs and Triplexs. 207 -213 NW 5' 2 Duplexs 508 - 510 NW 2"d Duplex 109 - 111 NW 6' Duplex 200 - 206 NW 6' 2 Duplexs 203 NW Oh Duplex 606 - 610 NW 3' 1 Triplex 309 - 311 NW 7' 1 Duplex 906 - 908 NW 2' 2 Triplexs 600 NW 6' 1 Duplex 700 Block NW 9' Migrant Camp 720 - 730 SW 8' 2 Triplexs 1107 NW 5' Duplex 407 - 409 NW I Ph Duples 401 - 405 NW 11"' Triplex 303 - 305 NW 10' Duplex 1000 - 1002 NW Yd Duplex 304 - 310 NW 11' 2 Duplexs 303 -305 NW 11" Duplex 1010 - 1014 NW 3rd st Triplex 200 - 204 NW 10"' Triplex That is a total of 16 duplexs - 8 Triplexs and 1 Migrant camp in the surrounding neighborhood from NW 2"d st to NW 8' st from the city ditch to NW 2' Ave I 'Y/S �t�q �V -�- �"ueoj'-- Okeechobee Health Care Facility Billing Department 1646 Highway 441 North Health Care Facility P.O. Box 728 P.O. Box 728 Okeechobee. FL 34973 Okeechobee, Fl 34972 Okeechobee, FL 34973 Phone:863-357-2442 Phone:863-763-2226 Fax: 863-357-1228 Fax: 863-763-1617 July 17, 2006 Okeechobee City Council Okeechobee, Florida Dear Council Members: For the past five years Lifestyles & Healthcare, Ltd, dba Okeechobee Healthcare Facility has encountered difficulty finding affordable, quality housing for employees we are bringing from other areas to work at the nursing and rehabilitation facility. Presently we have twenty-five families that have relocated to Okeechobee County and have encountered problems in finding acceptable living accommodations. Our community is growing and the demand for services requires employers to hire professionals from other areas to meet the need. If adequate housing is not available it is almost impossible to attract the staff we need to operate our business. We need you to encourage quality, affordable housing. Sincerely, aye A. Haverlock CEO T H E CARING PLACE Subacute Secured Occupational Restorative Unit Alzheimer Respiratory Music & Pet Cal 4)[tbd; 7� � � Unit SpeeThera hysical Therapy 863 814 2991 Line 1 Admin (180 a m 07-18-?GG6 i i2 Raulersono Hospital 1796 Highway 441 °:orth P. O. Box 1307 Okeechobee, Florida 34973-1307 Phone (863) 763-27 51 %~-raulerwnhoso,tatcom July 15, 2005 Mr. Brian Whitehail City Administrator 55 SE 3'° Avenue Okeechobee FT 34974 Dear Mr. Whitehall: Our community is growing and our need for healthcare professionals is also increasuig. As a. healthcare provider ir_ Okeech obee,, I can attest that r'2aulen ozz tic spital routinely has a need for housing whether it be re,tals for seasonal e-np ogees or niodorately prices single family Homes for our full—time professionals. As a facility, we would encourage your corside-anon in our community development. Sincerely, 9�\ c-' (-N� O Brian Mel ear ChieFNTursing Officer BNt'dev C: Mayor James Kirk City Coimcilmen Danny Creech n I i fil v AF Ny b ray! yy`M1.R Z y r{ y� r er AM r� �k - r -4 �i Nil Assessment Richard Genz Horrsiq & Communi* Insight Asheville NC December 2004 Executive Summary Okeechobee County's housing market is hot. After decades of moderate rises in land prices and home prices, and stable levels of residential construction, there has been a remarkable spike in all three indicators during the past three years. Home prices are appreciating strongly and lot values are rising faster still. Residential construction is accelerating. Driving the boom are the affluence and steep increases in housing values in coastal counties to the east. Okeechobee County's economy is far from being completely integrated with that of the Treasure. Coast. In fact, the county remains a world apart, and that is its appeal. Okeechobee's rural character and neighborly environment appeal to a segment of coastal residents. They have more huying power than traditional Okeechobee residents. In the context of the greater Treasure Coast housing; market, Okeechobee is an "alternative" location. It offers good highway connections to urban coastal jobs. Coastal county homeowners can choose a new lifestyle, sell their homes, and suhstantially upgrade their housing and/or increase their savings by moving to ( )keechobee. Dormer coastal county households already account For up to 10 percent of Okeechobee's total. Predicting the duration of the current boom is tricky, because home prices and construction increases are not being driven by the county's econ(my, but b)' the economic calculations and lifestyle preferences of in migrants. Another driver is the group of people buying land With a plan !o rn()�e to ()krechr,hee in the medium term future,. Speculation is part rrf the bor;na but bii� inr reuse; iu re�sidenti d u�rlstructi�rn indic.rte tb'it sper:ulatir,n expLiitis ()nly some (A the increase: in land values. _Aside from the special case of the \, iisng area, it appears that the market's momentum is powered mainly by people who want to live in the count),, now or later. Okeechobee is on its way to becoming more of a bedroom community, with many more working households commuting than the 20 percent who do now. In -migrants will continue to bid up the prices of ownership housing and residential lots. They will build larger, higher - quality homes than Okeechobee's existing stock offers, and they will attract homebuilders away from the entry-level market and its smaller margins. The increasing number of commuters will make ownership housing less affordable for traditional Okeechobee residents who do not commute, but rely on the local economy. Unless countermeasures are taken, market forces could perpetuate the county's heavy reliance on HUI)-code manufactured housing to meet entry-level and retiree needs for low-cost housing. Site -built home price increases will force some renters to delay purchasing their first homes, increasing demand for the county's limited rental stock. The Okeechobee market has traditionally been served by small-scale local builders. That is about to change, as several large projects are being planned by out-of-town developers. FIUD-code units continue to supply the lower -priced end of the market, and for decades they have comprised 30-40 percent of the new home market. The absence of land zoned for multifamily housing, except in the City of Okeechobee, prevents site builders from housing Needs Assessment f()r McccIiobee County - Richard (;enz -I Iou lrn c--CoiN,,Nwiqy Ins &- Rige 5 delivering largerscaledevelopments of low-cost attached housing that could compete effectively with HUD -code units. IIUD-code manufactured housing (MH) is home to 45 percent of the county's year-round households, making the county number five in Florida on this measure. Most NU I are owner -occupied. In the current strong housing market, real estate manufactured homes with land are appreciating at almost 5 percent annually. FIUD-code homes have evolved so much over three decades that it is impossible to generalize about them. Many manufactured homes pose serious housing problems and safety risks. Others are fully comparable to high -quality site -built homes. The county has done a good job of- establishing controls and design standards for new and used units now being- placed. The big challenge is to come to grips with the large, existing MH stock. The vast majority of Okeechobee MH, both real estate and personal property, meets neither HUD wind standards nor Florida's strict installation standards. Rehabilitation, replacement, installation retrofit, and code enforcement for additions are important needs for the county's MH stock. The national mortgage market is serving Okeechobee with a wide array of financing products, but good opportunities exist to improve homebuyer financing options. FHA loans should be used to finance manufactured homes on land. USDA Rural Housing Service 502 gu ararrteed mortgages are a valuable, under utilized Financing- source for middle - income home buvers. 1 xpanded access to equity -line financing would help Mi I owners upgrade their homes, and rising iNIf I values should make such credit viable for hanks. Buyer echicati()n and credit counseling programs are needed, and should dehnitcly include specialized training for the 1\11 I market. The county has a well -recognized shortage of -quality, affordable rental housing. 1 lousing problems are common among the county's renters, 28 percent of whom have incomes below the poverty line. Attracting funding for rental subsidies should be a priority for the county. The proportion of low-income Okeechobee renters who receive rent subsidies is much lower than in coastal counties or statewide. Almost half of renters live in pre-1980 manufactured and mobile homes. Ten percent of renter households are severely overcrowded. To address the housing needs of cost -burdened renter households, 900 rental vouchers and/or subsidized rental units are needed. Multi -family construction has been negligible. The county should identify and zone suitable parcels for multifamily construction and invite developers to design high -quality units with good management. The already -approved Okeechobee II tax credit rental project can be revived and built. Over -reliance on low -quality HUD -code housing has caused a sizeable problem of substandard housing. About 3,000 single -Family units are substandard (23.4%), including 2,273 mobile and manufactured homes classified as real estate. Special housing problems of Okeechobee's African American and I iispanic households include much lower homeownership rates, higher incidence of extremely substandard housing and overcrowding (particularly for Hispanic househol(Is). AI least 2,300 migrant I lousing Needs Assessment for Okeechobee County - Richard Gent L � Conrirerrnity In,ight- Page 6 and seasonal farmworkers live in the county, about 15 percent of the workforce. Some farmworkers accompanied by spouses are becoming homeowners with support from Okeechobee Nonprofit I Iousing. Unaccompanied workers typically live in squalid conditions as they work to establish themselves. Their unconventional living arrangements and sporadic incomes don't match well with existing housing options and regulations. The cowlty has begun to develop an organizational capacity for tackling affordable housing challenges. The Affordable Housing Advisory Committee oversees ST-IIP and provides policy leadership. Okeechobee Nonprofit Mousing has focused on housing needs in the Hispanic community. Indiantown Nonprofit Housing is well -respected and willing to bring its expertise to the county. The county should pursue three basic housing strategies: 1) promote high -density and multifamily site -built housing development for both renters and owners; 2) use information, public relations, and design controls to pre-empt NINlBYIsm and build acceptance of quality, affordable housing, especially rental housing; 3) create incentives for owners to rehabilitate or replace existing housing, especially HUD -code homes. In view of the rapid clLanges now underWay in the price structure of O1 eechobee housing the IntIT should consider launching a comprehensive, ongoing housing initiative. t[ousint; _',,ceds A\ sessment for Okeechobee County RI(Imr(I Genz - Iloiavv�; & 0immow), Ittg3 ,,hz- Page 7 • Overview of Okeechobee County Housing, Population, and Economy Introduction Okeechobee is a rural county on die northern shore of Lake Okeechobee, and its real estate market is now being strongly influenced by the burgeoning Treasure Coast counties of St. Lucie, Martin, and Palm Beach to the east. Beginning with a population of about 11,000 in 1970, the county grew rapidly in the seventies and eighties, and more slowly during the nineties to its 2004 population of about 37,500 year-round residents.' The county has long been a popular winter destination, and thousands of seasonal residents appear in November- Decemher every year. The county's job base is concentrated in the service -providing industries of education and health care, retail trade, tourism, and government, including a large number of -workers at correctional institutions. Agriculture, mainly beef cattle and da_iiry, accounts for about 15 percent of the county's jobs. Per capita income is lover in Okeechobee than in counties to the east and tower than in Florida statewide. So is the cost of living. A steadily mere>ising share of Okeechobee residents cornmutes ro jobs outside the county, primarily to the counties east. Good highway connections put m;iny mere jobs within reach for those wil�ing to commute 30-60 minutes. Prices for Okeechobee land and hornes have risen sharply in the past three years. Demand from former residents of counties to the east is driving the trend. Single-family construction activity has spiked during the sarne period. Some buyers are purchasing lots for retirement; while others are choosing to enjoy Okeechobee's small-town atmosphere and commute to their present jobs in coastal counties. Most of Okeechobee's population is clustered in the southern part of the county, in the City of Okeechobee and surrounding area. The County's 1974 coning ordinance has preserved large areas as agricultural land and has prevented sprawl. A large majority of households chose to buy iIUD-code manufactured homes during the county's rapid growth in the 1980's, when mobile homes accounted for an estimated 70 percent of all new homes.` As a result, I IUD -code manufactured homes account for an unusually high proportion of year- round occupied homes, 45 percent as of 2000. Almost three Okeechobee households out of Four are homeowners. 'There is very little multifamily housing, and about half of the county's rental stock is IIUD-code manufactured housing. Hurricanes Frances and Jeanne both hit the county in 2004 with 100 mph winds. The storms caused major devastation in the counties to the east and destroyed some 300 homes in Okeechobee County. Housing Needs Assessnicnt for Okeechobee ("Ou"t), - Richard Genz - Hou.wi g cr: C.ornzwuni y Ins ghz - page 8 benefit of Okeechobee's "local" prices. During the past two -three years, the bidding has intensified and the market has experienced substantial price increases. Some 1,367 households moved to Okeechobee County from Palm Beach, Martin, and St. Lucie counties between 1996 and 2002. If all of these households continued to litre in Okeechobee, then migrants from these counties accounted for 10 percent of all Okeechobee households as of 2002. The breakdown by county of origin and year was as follows: Estimated Number of Households Moving To Okeechobee County from Coastal �/'tlll, rlPC i��r,_�nm County of Origin in 1996 1997 1998 1999 2000 2001 - 2002 Total 96-02 Martin 48 56 55 64 56 60 33 372 Palm Beach 97 93 91 92- 103 98 -- 56 630 St. Lucie 50 ----------- 51 -- 40 - 53 45 55 71 365 Total 195 200 186 209 204 213 1 160 1,367 Source: Unpublished 1KS data comparing aciciress changes from year to year ou reucrau ra.K ccrurrrn. r-.20.11 r,11 return is assumed to represent one household. Because some households file more than one return, the estimate of number of households is high. Although significant numbers of coastal residents chose to move to the county, overall during the 1990's, the county experienced net in -migration of just 339 people. The current land and housing boom will likely show up as higher net in-tigration during the first five years of this decade. Estimated Households Moved to Okeechobee County hom St Lucie, Martin, and Palm Beach Counties, 1996-2002 250 200 m v t 150 v 0 0 x 0 a E 100 Z 50 0--------- -------- ---- -- ---- ------------I-------------------- ----------------- -*----------- - -- -- 1996 1997 1998 1999 20M 2001 2002 Year Source UputAiShed IRS data corn pan rig address oranges from year to year on federal tax retums Each tax return Is assumed to rgxc-sent me harsel1old. Because some households file more than one return, the number of hcxisehdds is likely to be someshrat overstated. dousing Needs Assessment for okeechobee County - Richard Gent - f 10161na Page 10 $350,000 $300,000 $250, 000 N U U a` $200,000 E 0 $150,000 a v $100.000 $50, 000 $0 Median Home Sale Prices, Okeechobee and Counties East 2002 2003 Aug-04 Year Source. Florida Board of Realtors and Okeechobee County tax records- Okeechobee data excludes manufactured homes. Note: The August 04 figures are, for Okeechobee, from Jun -Aug '04, The other two are for Aug '04 only. ® Okeechobee D Martin and St. Lucie D Palm Beach Housing affordability is always a relative thing, a ratio of local incomes to home prices. Although wages are higher in coastal counties, they aren't high enough to offset the much higher prices of homes, so affordability is worse in coastal counties than in Okeechobee. As of 2004, the Shimberg Center's affordability index ranks Okeechobee as the state's 16" most affordable county for ownership housing. St. Lucie is 23�a, and Palm Beach and Martin are 52"" and 53`' respectively. Okeechobee County's affordability advantage grows even larger for commuters who combine its lower home prices with higher coastal incomes. A serious housing crunch is undet-way in the 'Treasure Coast. At an August 2004 Palrn Beach County Commission meeting, Commissioner Tony '\4asilotti said police officers, nurses, mail carriers, and teachers are being priced out. "We have sheriffs officers living in St. Lucie County," he said. "It's very difficult to get a nurse to work at Palms West or West Boca. Ifs really, in my opinion, a direct result of the 110using.i5 The current crisis has been building for years. A 4 995 Treasure Coast regional plan stated, "The cost of housing in much of the Region is much higher than the ability of persons employed in the region to pay. f lousing Needs Assessment for Okeechobee County - Richard Genz - Hou.,zng & Can�rrcrnily In,ngbt - Page 12 Speculation and regulations have driven the price of land up and much of the new housing supply caters to wealthy retirees moving from other areas of the US and other nations."� With its excellent highway connections, small-town appeal, and lower prices, Okeechobee is a housing relief valve for a segment of the coastal workforce. Population and Household 'Trends BEB12 Projections: Number of Households Projected to Grow More Slowly The best available projections from the University of Florida's Bureau of Economic :and Business Research indicate that for the next decade, Okeechobee will remain a small, slowly - growing county witli much Easter -growing metropolitan counties to the east. School district projections tell the same story. BE1312 projects that demand for new single-family site -built housing will be stable in the range of 115 to 130 per year through the year 2015. As will he seen, these Figures are far below actual unit production during the past three years. 1-10nSChold growth drives housing demand. The number of Okeechobee households is projected to grow by about Apercent during the present decade, and is forecast to continue at the same rate of growth through 2015. This projected household growth rate is 42 percent slower than what the county experienced during the 1990's.7 The average sire of Okeechobee households has been falling since 1990, and is forecast to continue declining. Okeechobee C;ounty's population is forecast to grow modestly through 2015. In the counties cast, the number of households is projected to grow at abort twice C )keccllolwu's rate. Number of Households 1990-2015, Okeechobee and Counties East Forecast Forecast °/a % % Change, Change, Change, 1990 to 2000 to 2010 to Counter 1990_ 2000 2000 2010 2010 2015 2015 Okeechobee 10,819 13,396 23.8% 15,252 13.9% 16,331 7.1% Martin .11,788 62,308 374,994 53,699 81,892 4841863 28.501,0 31.4% 29.3°% 66,323 103,799 617,173 23.5(/0 74,534 115,5d6 684,711 12.40/ 11.30,,o 10.9% St. Lucie 26.7°0 27.30,'(, Palm Beach Source: Bureau of I',(:oil Jc and Business Research, ( Iniv. of 1+10nda Housing Needs /Assessmcnt for Okeechobee Counry - Richard C ienz - flenlyiq & Co1,v1-voigy lrrnght - Rage 13 • Population Growth, 1990-2015, Okeechobee and Counties East Forecast Forecast % o % % (yo Change, Change, Change, Change, 1980 to 1990 to 2010 2000 to 2015 2010 to County — 1990 1990 2000 2000 Forecast 2010 Forecast 2015 Okeechobee 29,753 445°10 35,969 20.9% 40,251 11.9%o 42,412 5.4% ttilartin 101,587 56.4% 127,267 25.30% 152,078 19.5% 165,540 8.9% St. Lucie 151,470 70.5% 194,085 28.1% 238,010 22.61!4, 256,628 7.80/'0 Palm Beach 869,612 48.5% 1,137,004 30.70�0 1,383,085 21.60/0 1,510,473 9.2% Source: bureau of economic and Business Research, Univ. of Florida Squaring BEER Projections with the Reality of Okeechobee's Housing Market The increases in land and home prices over the past three years do not correlate with Bureau of Economic and Business Research projections for slow growth in the number of Okeechobee jobs and households. Okeechobee's current real estate boom appears to signal an unforeseen market dynamic. The county's lifestyle and real estate price structure have become attractive to coastal residents, and probably to in -migrants from other strong real ('state nr,ukcts as well- "Ihe'Treasure Coast's 11on1Ogen0us suburban developments 1111d its Lust' metro environment arc not everyone's preference. "Traffic congestion In much of llie Treasure Cloast means many working residents have already adjusted to commutes that are as long as a move to Okeechobee would require. A segment ofaftluent households is willing to trade off Okeechobee's limited shopping and entertainment options for its small-town assets. If even a very small percentage of the Treasure Coast's 669,000 households (Martin, St. Lucie, Palm Beach counties) fits this profile, they will have a substantial, ongoing impact on Okecchobee's real estate market. The most likely scenario is for in -migrants to continue to bid up the prices of ownership housing and residential lots. They will build larger, higher -quality homes than Okeechobee's existing stock offers, and they will attract homebuilders away from the entry-level market and its smaller margins. This could reinforce the county's heavy reliance on I IUD -code manufactured housing to meet entry-level and retiree needs for low-cost housing. Affordability ,,ind desirability of Okeechobee's homes and land, not a shortage of coastal county land, is driving demand for the county's real estate. Ample land remains for residential development in the coastal counties. A recent study compares available Treasure Coast land with projected housing demand through this decade. It shows that there is still more than five times as much vacant land in the Four 'Treasure Coast counties as will be needed to house projected new residents.' Housing Needs Assessment for Okeechobee County - Richard Genz - Eloujzft� & C,o�jr�yaraity ljt.�r�Lrt -Page 14 Age Distribution For housing planning, key features of the age distribution are the number of people in tlu: first-time buyer age group 18-34, and the number of seniors who may need specialized housing. The county's age distribution currently shows about one-fourth of the population in the first-time buyer age group, and about 16 percent who are 65 and older. Projections through 2015 forecast a small increase in the senior population, to 18 percent, while the First- time buyer- age group will remain at just under one-fourth. Okeechobee County Household Age Distribution, 9nn; and ?01 S Estimated Year Age Category Household Count 15-24�633 L_ 25-34 1642 35-54 41761 7005 - 55 Ei=I ----- 65-74 2,267 754- 1,842 15-24 630 -- 25-34 _ 1,769 —--� _ 35 54 4,538 55-G1 3,232 2 —% 4 3,065 1t)1 �nurcc: I luricia I km lilt, I),ita Clcari[Iill loll sc, Shun berg l.cnicr, a or 1, 2003 Okeechobee Vo ulatlon Age Distribution, % of total population 37,2 36 'Total 2,370 0-4 6.4% 6,668 5-17 — 17.9% - 8,428 — 18-34-- 2?.6% - 9,570 - - 35-54 —25.7% 4,103 55-64 11.0% 4,656 65-79 ----- 1,441 ------- ----------------- 80-t- -- 3.99% — 6,097 -- Total65+ 16.4% Srn,rre: B 'I3R_ University of Florida I'he Okeechobee School District reports that the county's school -age population declined for about eight years during the nineties, but has begun to rise in recent years. Slow growth, fewer than 100 new students per year, is projected for the period 2004-09. fIousiog Jceds assessment for Oi:eechobee County Richard Genz - Ilozmng (�-- Corrrma 114Y 15 Employment, Income, and Cost of Living Job Growth Job growth is a key predictor of housing demand, and moderate job growth is projected for Okeechobee through 2015. The number of Okeechobee non -farm, full-time, year-round jobs rose by a strong 3 percent annually from 1990 to 2000. Job growth is projected to slow to 1.8 percent annually during the present decade. Job growth in Okeechobee is projected to be somewhat slower than in Martin and Palm Beach counties, but faster than in St. Lucie. Long-term forecasts for Okeechobee call for job growth of -1.2 percent annually from 2010 through 2015, about the same as for counties east. Okeechobee's housing market will feel the impact of a major new research facility in Palm Beach County. Scripps Research Institute, the world's largest, private non-profit biomedical research organization, intends to build the facility on highway 710 within a 45-60 minute commute for residents of eastern Okeechobee. lip to 500 jobs are expected to be created there, and a state economist estimates that spin-off jobs could grow to 6,500 over the next 15 years. Il the facility becomes a magnet for other research businesses, thousands more jobs could result.10 However, in September 2004 the proposed site was drawing opposition on grounds of urban sprawl and environmental impact, and county commissioners discussed a possihle change to another unspecified location in Palm Beach County." A county planner said alternate sites are looted in the Jupiter area, which would also be accessible to Okeechobee commuters. N1,11or support by the state of Florida and Palm B(%Ich County makes it highty unlikely that Scripps will not build a facility in one of the possilde sites. Unemployment Okeechobee's unemployment rate was 9 percent in August 2004, compared to 5.4 percent statewide. The county's unemployment rate averaged 7 percent for the year 2003. Even during the national economic boom in 1999, the county's unemployment rate was 7.5 percent in a year when only 3.9 percent of all Floridians were unemployed." Unemployment is projected to remain at about 8 percent for Okeechobee during this decade.13 Okeechobee Employment Categories and rages The average Okeechobee full-time worker earned $26,408 per year as of December 2003. That wage allows for a housing budget of $660 per month, including utilities for renters and taxes and insurance for homeowners." The amount a household can pay for housing depends on wage levels and the number of earners in the household. In Okeechobee, two or more people are employed in two-thirds of all married -couple families (excluding those with no workers).'s 1,154 single -parent households with children live in the county."' f lousing Needs Assessment for Okeechobee County Richard Genz - llousi?i e �oiremunity (irsi�iit -Page 16 For all county households with earnings, the average ,.amount earned was $41,101 in "t999." More than three out of four Okeechobee workers deliver services of one kind or another. Another 15 percent work in agriculture. The county's manufacturing sector is small. The word "services" encompasses a broad range of occupations, from retail to education to government. Education, health care, and government jobs pay relatively well, over $31,000 per year, while leisure hospitality, food service, and retail trade pay from $12,688 to $20,088. A mid -level police officer for the city of Okeechobee earns $32,000, a firefighter somewhat less. City clerical staff earn about $25,000, and "city jobs are some of the best jobs in town ' says Okeechobee City Manager 13111 Veach, who says young people are leaving the county in numbers for better -paying opportunities. Interviews with Okeechobee residents provided an informal view oflocal job opportunities and wages. A First -year teacher in Okeechobee schools earns $30,000; the top of the scale is $48,000. About half of the school district's employees are non -teachers, and most of them earn much less_ For example, teacher aides and school bus drivers earn about one -halt of teacher salaries. Starting bank tellers earn $7.00 per hour; a loan officer earns about $30,000 per year. Workers at one of the county's Five corrections and juvenile justice Cacilities earn about $10 per hour ($21,800/year), with a good benefits package. 1lousing Needs Assessment for Okeechobee Count,- Richard Gent - t Iou�7n� e�y Corrnrur�ity Inszght- Page l7 • 0 3,000 2,500 2,000 0 m 1,500 a E 3 z 1,000 500 0 Where Okeechobee Works: Average Wages and Jobs in Major Industries, December 2003 Education and Health $20,088 Retail Trade Agriculture, Forestry, Leisure and Fishing Hospitality Industry Source: Quarterly Census of Employment & Wages, FL Agency for Workforce Innovation Federal Cast Stone Chooses Okeechobee Federal Cast Stone, a maker of custom building facades, will be moving west from Martin County to become the Okeechobee industrial park's first tenant in early 2005. To start, the 73,000 square foot facility will employ 65 people, and owner Robert .Myer expects most of them will be moving to the county. He evaluated ownership housing opportunities before he decided to make the move. Although Myer found much to like in the Okeechobee community and will be building a house in the county himself, he found a real shortage of both entry- and mid -level ownership housing av,ulable for his employees. 1-Ie found relatively few site -built homes listed with real estate agents in the current strong market, and an oversupply of HUD -code manufactured homes. Comparative rages, Okeechobee and Counties East Workers earn more in counties to the east than in Okeechobee. But prices in the Treasure Coast's housing market are outpacing wage growth by a large margin, increasing Okeechobee's attractiveness to overstretched Treasure Coast workers. Although average wages in counties east are significantly higher than Okeechobee's, median home prices have risen in M21t-tin and St. Lucie counties by 73 percent, and by 80 percent in Palm Beach county, while family income has risen just 19 percent in the Treasure Coast in the past five Housing Needs Assessment for Okeechobee County- Richard Genz I[Ourin; &, (C'0 ra1rrraia ty Ira3gbl - Page 18 years.' The affordable housing crunch in the Treasure Coast is exacerbated by a mismatch between the housing huying power that comes with the area's main industry, retirement, and the low wages paid to the workers on whom retirees depend. If mortgage interest rates rise as expected during the next few years, affordability will worsen and the crunch will intensify. Recognizing the problem, St. Lucie County voters last year approved a referendum measure authorizing the county to grant incentives to attract higher -paying employers to the area. Meanwhile, the mismatch between coastal wages and lousing prices, and the lower prices in Okeechobee, will continue to fuel demand for Okeechobee housing and land. To the Following places, commute times from downtown Okeechobee are: ® Stuart - 1 hour ® Jupiter - 1 hour 10 minutes ® Port St. Lucie - 1 hour ® Dort Pierce - 55 minutes Sites in eastern Okeechobee offer commute times 10-15 minutes shorter. The following graph and table make clear that in virtually every industry and job classification, workers can bring home more money from jobs in Treasure Coast counties. Ernployrnent and Wages by Industry,Okeechobee and Counties East, Fourth (Quarter 2003 $50,000 $45,000 $40,000 $35,000 $30 000 $25,000 $20,000 $15,000 $10,000 0 Okeechobee ❑ Martin N Palm Beach 0 St Lucie I Lousing Needs Assessment for Okeechobee County - Richard Genz - F1011,57re; C,� COin1,111710' Page 19 171 Okeechobee County Employment and Wages by Industry, with Coastal County Average Wages, Fourth Quarter 2003 ' Indus Title Okee- clyobee Number of Employ- ecs Okee-> cliobee Average Monthly Employ- ees ©keecho- bee Avg Annual Wage Avg Annual Wage (MARTIN) Avg Annual Wage (ST LUCIE) Avg Annual Wage (PALM 'BEACH) Total, All Industries 787 10,032 $26,408 $33,724 $30,804 $40,488 Goods -Producing 188 2,236 $24,804 $37,016 $30,032 $44,072 Natural Resources and Mining 68 1,542 $22,376 $20,856 $22,092 $25,276 Agriculture, Forestry-, Fishing & Hunting 67 1,536 $22,380 $20,880 $25,116 R lining ---- - - 1 N/A N/A _$21,896 $57,348 $79,756 Construction 96_ _ --- 524 $27,320 $35,856 $32,164 21 $43,O�t Manufacturing -- _ 24 170 - $39,072 $43,748 $36,852 $54,244 Durable Goods Manufacturing 14 40 $27,204 $48,164 _ $35,960 $59,588 Non -Durable Goods Manufacturing 10 130 $42,728 $32,708 $38,260 $41,216 Service -Providing -_- 599 7,796 $26,868 $ 33,06=1 $30,9_84 $3_9,972 1'rade,_fran:�orrition, a d Utilities 190_ _ 2,298 $23,856 $31,976 $30,244 $37,656 \�holesale "Trade _.- --- 30 194 $33,216 $53,604 $35,248_ $64,496 Ret dn'rade I'rrn5port Lion anc' \ archousin� -- 1,611 ies 134 23- 1,6()2 136 67 $20,088 $31,476 $27, 472 $21,200 $3-1,816 -$55,316--- $26,312 538,836 $4"1,708 $48,688 3 $37,436 Information 11 106 $31,936 $38372 , $37,848 $50,372 Fivancial Activities 64 _ _ 333 $28,552 $46,488 $36,308 _ $59,480 Finance and Insurance _ 20 200 $30,572 $54,964 $38,828 $70,024 Real Estate and Rental and Leasing _ 44 _ 133 $25,512 $29,100 $29,964 $39,100 Professional and Business Services 77 418 $27,940 $40,568 $33,692 $49,324 Professional, Scientific and Tech Services 40 149 $25,884 $60,464 $46,680 $71,124 Management of Companies & Enterprises 2 N/A $137,812 $104,048 $91,148_ Admin_Supop i-OVaste M1nitRemediation 35 _ 268 $28,388 $20,928 $23,368 $30,996 Hchication and Health Services 76 2,522 $31,472 $36,744 $34,168 $38,880 Eclucational Services 3 N/A N/A $29,960 $32,788 Health Care and Social Assistance 73 1,540 _ $32,068 $38,912 $37,412 $42,408 Leisure and Hospitality 68 941 $14,452 $17,020 $13,200 $19,940 Arts, Entertainment, and Recreation 12 156 $23,292 $26,056 $21,264 $27,596 Accommodation and good Services 56 785 $12,688 513,772 $12,336 $17,744 Other Services (Iricept Public Admui.) 66 276 $26,148 $25,668 521,292 $27,176 Public Administration _ 45 901 $33,120 $43,384 $38,104 $45,416 Source: Quarterly Cerisus of Iniployment & Wages, FL Agency for Workforce Innovation Flouring Needs Assessment for Okeechobee Count), Richard Geuz - housing �� C,onunrnzrty Inizgbt -Page 20 These wage differences are evident in per capita income comparisons. The gap between real, inflation -adjusted per capita personal income in Okeechobee versus Martin and Palm Beach counties has widened steadily since 1970, and is projected to widen further by 2010, as real incomes shoot higher in the two coastal counties. Between 1970 and 2000, Okeechobee's real per capita personal income rose 48 percent, vs. 71 percent in St Lucie and 129 percent and 126 percent respectively in Martin and Palm Beach counties. By 2010, average personal incomes in Martin and Palm Beach will be more than twice those of Okeechobee County. Income Per Capita in Okeechobee and Counties East, 1970-2010 (1997 Dollars) $50,000 $45.000 540,000 $35,000 } O 0 $30,000 I w 1 r $25,000 � wino I � yr' — - )I --Okeechobee) Maf in Palm Beach - St. Lucie J 1970 1iJ 0 1990 20001 <1)1il Year Sou— Bureau of Economic and Business Research Cost of hiving Okeechobee County's overall cost of living is moderate, scoring 96.76 on the 2003 Florida Price level Index, and ranking as the 22"' most costly county in the state. The index evaluates the cost of food and beverages, medical care, housing, transportation, and a sample of other goods and services. Counties to the east are higher on the cost scale. Martin: 99.66; Saint Lucie: 97.27; and especially Palm Beach at 103.68. Okeechobee's housing cost index is substantially lower than that of some neighboring counties —Okeechobee: 88.65; Saint Lucie, 91.59-, Martin, 100.38; and Palm Beach, 109.46.79 Uninsured medical problems can create instability in people's housing situation by forcing rent or mortgage payments to be missed, and consequently reducing credit scores below threshold requirements for both homeownership and rental. An unusually high percentage of Okeechobee residents lack health insurance. Of the county's population age 64 and under, about 28 percent have no coverage.20 Mousing Nceds Assessment for Okeechobee County Richard Genz - Hozuz�7� �� Cmn�jrunit}ha.d�fi!-Page 2 1 Resale Home Market Tax -Appraised Values Show Modest Housing Stock Of the County's approximately 4,500 single-family site -built and modular homes located on less than 1.5 acres, 80 percent have appraised values less than $100,000." Another 9 percent are appraised between $100,000 and $125,000. 'Typical duality of constriction is rated "average" for homes built before the early nineties, according to county staff appraisers. Many households live in HUD -code homes, whose median value was just $46,200 for owner -occupied units (including personal property and real estate) as of 2000." Construction of the Hoover Dike and channell /ation of the Kissimmee River eliminated some prime residential sites, contributing to a concentration or modest housing stock. Existing Home Values Rising Strongly Median Prices i pin Recent Years Values are rising steadily. The median sale price for site -built and modular homes was $110,000 for homes that sold in the first eight months of 2004. The median has risen 12 percent annually since 2000_ In Augltst 200,11 NILS listed 60 site -built homes for sale in the county, with a median asking price fd S 199,000. Only seven homes carried an asking price of under $120,000. I Iallie Davis r>f Century 21 has been selling horses for 12 years in Okeechobee, and has less inventory now than ever before to offer buyers. Median Price, lExistinR Site -Built and Modular Homes Year ' Median Sale Price ' Percent Change from ' Previous Year Number of Sales Through August 2004 $110,000 11.1% q95 2003 $99,000 20.00/o '137 2002 _ $82,500 _ 7.8% 432 2001 $76,500 -- 9.3% - - 441 - 2000 $70,000 - 7.7% - 353 -- -- 1999 $65,000 -1.1% - -- - -- 379 -- - 1998 $65,750 3.5% -_ 438 1997 $63,500 15.5% 353 1996 _ $55,000 2.80//0 329 1995 $53,500 _ __ N/A 322 .Nore:.:vvL4 sane price caicuiated through August; number of 04 sales extrapolated from 327 sales through August. Source: Price data, qualified sales, Okeechobee County Appraiser Office. Number of sales includes unqualified sales to reflect the scale of the market. I lousing Needs Assessment for Okeechobee County Richard Genz -I lousing & Comrnnuni�y Irs.fWit - Page 22 Individual Dome Sales Show 7.8 Percent Annual Appreciation Comparing median prices from year to year conveys the overall rnarket trend by focusing on the middle of the market. _A more precise measure of value appreciation is a repeat sales index, which measures price changes on individual homes from one sale to the next. A repeat sales index was developed for this assessment using county appraiser office records of qualified, arms -length sales in the first nine months of 2004. Sales of single-family residences with less than 1.5 acres of land were analyzed to keep the focus on homes, not land values. I❑ addition, sales indicating annual value changes of 2.0 percent or more, plus or minus, were eliminated because of possible data problems (for example, the previous sale might have been an unimproved lot or a residence that -was later replaced). After this screening, the database contained 147 pairs of qualified sales. The average annual value change was 7.8 percent since the previous sale; median value change was 7.6 percent. Two sales showed value declines; 145 showed increases. Annual increases of this scale indicate a strong housing market. For comparison, statewide home prices increased by 2.9 percent annually during the 1990's as measured by a federal repeat sales index.23 In Okeechobee's current fast -paced market, a majority of home sales arc happening directly between buyer's and sellers. In the six months ending on August 10, a total of about 600 homes including real estate manufactured homes changed hands in the county (including some no -cost transfers), while 204 units sold via NII ,S. In the attached housing market, Oal: Lakes units are'Wiling for up t<) $80,000, U from about 4-10,000 lwo years ago, according to 1laliie Davis at Century 21. A simple CliS (c(mcrete block structure) 11(me in 1)ougl.ts Parl< slut sold for $48,000 six wars ago has appreciated to about 68 OOU today, a strong 7 percent annual gain that matches the overall market performance. SIIIP administrator Linda Rucks reports that buyers in the County's homeownership assistance program, funded by SHIP funds, are still finding site -built homes that meet the $95,000 price limit. This will not be possible for more than another year or so. Hine Price Increases in Treasure Coast The 2004 home market is booming in the Treasure Coast counties. In St. Lucie and Martin Counties, homes that sold in the first half of 2004 averaged 20.5 percent annual increases in price since their previous sale; in Palm Beach, the figure was 17.2 percent. Statewide, home sales in 2004 reflected a 13.3 percent annual gain from time of previous sale of the same residence. zn Okeechobee Real Estate Manufactured Home Values are Rising Too A lower price range applies to the county',, HUD -code manufactured home market, but values are ratcheting upward. In the current market, MH owners with land are building equity. The median price is now $62,900, up 9.4 percent since 2000. As of August 2004, the median asking price for a I IUD -code home with land was $94,750 for the 53 homes listed. (Real estate agents handle only real estate manufactured homes, i.e., homes with land.) Some I Jousing Needs Assessment for Okleechobee County - Richard C ienz - floumn,, e,-, (.oinrnunity lnszi h6 - Page 23 of the increase in MfI value is attributable to the fast -rising values of carnal -front lots in subdivisions along Taylor Creek in the southern part of the county. Median Sale Prices of Manufactured Homes with Land, Okeechobee County 1995-2001 Year Sale Price Change from Previous Year 2001 46,000 10.8% 2000 41,500 - - - -- 3.80/(1 1999 -------------- 40,000 11.90,/0 1998 35,750 ---------- 2.10/0 1997 35,000 16.7% 1996 30,000 -- - ---3.2-ti/0 1995 31,000 29.2 )/0 Source: Florida Housing Bata Clearinghouse A resale price index for real estate manufactured homes in Okeechobee was developed for this assessment. Okeechobee sellers of real estate manufactured homes in 2004 realized an average 4.7 percent annual gain over the price previously paid for the same home. Median annual value change was 3.8 percent. Similar gains were realized on sales in the previous two years. The same methodology was followed as for site -built homes, using qualified sales only, and eliminating data f--or homes with more than 1.5 acres. Sales reflecting value changes of more than 15 percent annually were also eliminated, because many of these sales probably reflect replacement or the manufactured home. Ninety-eight pairs of 2004 sales met these criteria; 7 sales slowed price declines and 91 showed gains. Annual Value Change, Deal Estate Manufactured Homes Sold 2002-2004 in Okeechobee County Year of Sale 2004 2003 -- - - -- 2002 (98 sales) (115 sales (87 sales) Median value change per year since previous sale 3-8° ° 3.9% 3.9`Yo Average value change per _ 4.7/1, -- - 4.8% — 4.60//0 year since previous sale Source. Qualified sales from Okeechobee Appraiser Office calculated by Housing & Community Insight. The results disprove the stereotype that I IUD -code homes must always depreciate. In Okeechobee's strong housing market, buyers who need affordable housing are providing ongoing- support for Ml I valuations. In other markets, research shows that well -designed and well -located HOD -code homes appreciate when the land is owned and homes blend well into the general housing stock. Single -section manufactured hornes on canals in the Taylor Creek neighborhood are selling for $85-90,000 or higher, depending on room additions, reports Jeri Patent of the Donald Renfranz real estate office. Hive years ago they sold for prices in the 50s. Prices really accelerated during the past 18 months. In the Treasure Island neighborhood, prices are about $10,000 lower than Taylor Creek. In these areas there has peen a steady trend toward increasing year-round occupancy. I lousing Needs Assessment for Okeechobee Counly - Richard Genz - Harming e C:awlvunio, Luzgbt - Page 24 Manufactured Housing's Impact Introduction The fact that 45 percent of Okeechobee's year-round households live in IIUD-code manufactured housing dominates the County's housing situation. Statewide, 10 percent of Floridians live in HUD -code units —still a substantial number, but 45 percent is an extremely high proportion of IIUD -code units, even on a national scale. Okeechobee's percentage of manufactured housing places the county fifth -highest in the state. Although L-IUD-code housing is very diverse in its execution and it can be a wise purchase, there have been serious problems with I IUD -code construction, regulation, marketing, finance, legal protection, and land use regulation over the years. These problems are reflected in significant parts of Okeechobee's manufactured housing stock. MI I -related needs are discussed throughout this assessment. "Manufactured housing" is the term reserved by the US Congress to describe housing built to meet the federal building code, known as the IIUD code. The code was implemented in June 1976. It pre-empts state and local building codes, meaning that local officials may not override or modify any requirements that are addressed in the IIUD code. All HUD -code homes hive an integral steel I-beam frame that is a permanent part of the structure. Impletneut.atiun >t the pre-entptivt� f 11,I� cr,de in P)? 6 enabled ill(, nxidern manufactured housing indusir-)tr, cmerge, hecsnise manntacturers (i Auld achieve economies of scale hy selling identical homes in every state with no complications from local and state codes. Mass -production allowed manufacturers to realize the [till value engineering potential of factory -building technology. Installation is a critical aspect of IIUD-code home performance, and it is not addressed by the HUD code. Installation is comprehensively regulated by the state of Florida and by local building inspectors, as described below. Confusion surrounds the term "manufactured housing," because I -IUD -code homes are not the only homes built in a factory. Nfodular, panelized, and kit homes all involve factory production, so in the ordinary sense of the word, they too are manufactured homes. The simple way to keep track of the many varieties of factory -built housing is to remember that in Florida, there are only two acceptable residential building codes: the Florida Building Code, and the I IUD code. l�.xcept for I IUD -code homes, all factory -built homes must meet the same code that site -built (stick -built) homes meet. The most prominent category of non -HUD -code factory -built housing is the so-called "DCA home," also known as a modular home, because it is built in modules and shipped to the site on a flatbed --truck. The modules are then removed by crane and assembled. Nfodular homes in Florida are called "DCA homes" because they are certified by Florida's Department of Community Affairs to comply with same Florida Building Code standards that site -built homes meet. It is worth noting that in its evaluation of building performance I Iousing Needs Assessment for Okeechobee County - Richard Genz Ilouszut; c,- Camrnuwiy Insr,,fit - page 25 in Hurricane Andrew, the Federal Emergency Management Agency (FENLA) reported that "overall, relatively minimal structural damage was noted in modular housing developments. The module -to -module combination of the units appears to have provided an inherently rigid system that performed much better than conventional residential framing.i2-, In this report, the official term "manufactured home" (MH) will identify HUD -code homes, otherwise known as mobile homes, single -wider, double wiles, and trailers. I-Iomes built before the 1976 I IUD code will be called "mobile homes." Okeechobee Restrictions on MH Placements In its planning, zoning, and building regulations, the county has already taken steps to reduce the county's reliance on manufactured housing, particularly low -end manufactured housing. Units built before 1976 may not be placed anywhere in the county, but existing pre-1976 units are grandfathered. Used units more than five years old that are moved into the county must be certified by an architect or engineer to meet HUD code requirements. Phis is an important crAntrol on quality, because older HUD -code units have frequently been taken out OF code compliance by improperly attached additions or transit damage. The county requires used units to meet basic condition standards such as intact bottom board, tie -downs, and working heat. Requests for placement of units more than five years old must be presented to a public hearing and be approved by the Board of Adjustment. Various design standards apply to newly -placed IIUD-code homes in Okeechobee, depending n,ainlV on placement locAlu;n. New or used units placed in mobile home parks must have approved skirting, but are subject to no other design standards. MI I that will house farmworkers must be placed more than 200 feet from a public right-of-way and be at least 800 square Feet in size. New or used units to be placed in A, RN[, or RR zoning districts must be at least 1,000 square feet in floor area, which effectively requires multi - section units. In those zones, units must meet detailed appearance standards designed to blend units with the typical appearance of site -built homes. However, single -section homes are allowed to be replaced one time. In its Residential Mobile Horne (RMII) district, the county has taken measures to restrict the creation of new manufactured home parks or subdivisions. The minimum size for new parks, 15 acres, stops further proliferation of small-scale mobile home developments mixed incompatibly with site -built neighborhoods. There is a 30-acre minimum for manufactured home subdivisions. In the City of Okeechobee, the minimum area for new mobile home parks and subdivisions is 10 acres. The city has design standards that apply uniformly to all single-family homes, both HUD -code and Florida Building Code. A minimum 800-square feet of floor area and a minimum 20-foot width are required, so in effect new units must be multi -section. 'Phis requirement serves to blend manufactured homes into the general housing stock, a worthwhile objective that betiefits both MII owner and neighbors. An existing single - section home in the city may be replaced with another single -section home. Like the county, the City requires units more than live years old to be certified to meet I -IUD code, meet Housing Needs Assessment for Okeechobee County - Richard Genz - 110-illP & Comlzvmity Inrrghl - Page 26 appearance and design standards like the county's, and be approved by the Board of Adjustments. How Manufactured Housing Became So Popular in the County Manufactured housing has been big in Okeechobee for a long time, and it continues to play a rriajor role in the new home market. For local residents, MH prices have been in line with local incomes, and they have also been popular as vacation and retirement units, as reflected in the fact that 26 percent of \4II were counted as vacant seasonal by the Census (versus 12 percent for all other types of units). According to the county's comprehensive plan, "mobile homes accounted for about 70 percent of all residential development between 1979 and 1990." From the late 1950's through the early 1970's, before the IIUD code placed basic controls on MH quality, land use controls in the county were minimal, and many units were placed haphazardly in developments and parks that could not be approved today. Since 1994, manufactured homes have averaged 41 1 percent of total new single-family units built in the county every year. By contrast, manufactured homes accounted for jt.ist 14 percent of all neav ownership housing statewide during the decade. ;i urge tit gorily of new Okeechobee MH have been multi -section, :.is is true statewide where 82 percent were multi - section in 2003. New, previously unoccupied M1 I placed in the county totaled 892 multi -section units and 159 single "croon units over the past 9 '/-, wars. N&-ku Wimifacitiretl Homes Placed in Okeechobee, 1995-2004 Year Total Placernentsy Est. `% Multi* Est. % Sin -ale*_ 1994 10.1 76.8°ro 23.20'0 1995 121 815°ro -- 18-50/'0 --- 1996 -- - 91 80.3% 19.70/o 1997 80 80.0% 20.00% 1998 64 92.5%r 7.5 0/4) 1999 135 91 89.7%o 91.5 %0 10.30%r 2000 8.5 2001 64 82.8% 17.2% 2002 2003 2004 est. 116 111 82 90.1 % 92.7% 849°r10 9.9% 7.30/o 15.1IiO Total 1056 860 0 14`% 'Mulo/single proportions estimated from Statistical Surveys Inc. data for Okeechobee Source: Horida dousing Data Clearinghouse, Census C-40 reports. I lousing Needs 'lssessment for Okeechobee County - Richard Genz - Ilou.wil & Cojrururrrily lrnizghl P'igc 27 r1 U • MH Isolation A basic issue with manufactured housing is that MH has been and continues to be isolated From the mainstream housing market, including Finance, housing policy and programs, and consumer protection. In Okeechobee, a 45 percent share of occupied housing falls within this neglected domain. The isolation has contributed to a kind of benign neglect from policymakers. Manufactured housing has not been taken very seriously as rt housing solution; in fact, it is often stigmatized as a second-rate solution. Affordable housing professionals sometimes have the strongest bias against MH because they confront the negative manifestations so regularly. Although the reaction is understandable, engaging the MII market would be more productive than boycotting. The boycott of MH is a failed strategy. Neglecting MII on the grounds that it is an inferior choice becomes a self fulfilling prophecy. When mainstream housing market players and housing advocates ignore manufactured housing, it enables the industry and consumers to continue doing what they've always done: create a Few exemplary homes, and many more distinctly second-rate units that provide decent, affordable shelter but shortchange buyers and the local tax base in terms of asset -building. M1I isolation has many dimensions. MII has unique financing, taxation, legal classification, code enforcement, marketing and distribution, access to real estate agents, resale financing, and repossession or foreclosure. Not all manufactured homes are equally isolated in a world of their own. An old single wide in a park is about as different frorn a standard site -built home as any form of housing can be, so it is understandable that such a home would be financed and taxed dil Ferently. However, about 72 percent of Okeechobee Courlty's N41I arc on the ,,"nci's land, and mauiv N111 in the county match or exceed the Functionality o1 site - built funtcs. 1 basic airn of Okeechobee policy regtrding rnanulactiured homes should be to integrate �,111 into the county's housing market in as many dimensions as possible. In Okeechobee this integration is well underway, as local lenders, officials, realtors, etc. have alI taken meaningful steps to come to grips with MH popularity in the county, and work with it. But it needs to go further, because the MH industry is not going away and new units will continue to be placed in the county, especially as site -built home prices shoot up. MH Opportunity Cost "The decision to produce or consume a product involves giving up another product. The real cost of an action is the next best alternative forgone." So says an economics glossary in defining the economics term "opportunity cost.i26 What costs do Okeechobee manufactured housing owners incur by choosing not to purchase a site -built home? There are two major opportunities that MH owners forgo by not owning a site -built home. first, for MI I units on leased land or for old mobile homes, owners usually forfeit the opportunity for their home to hold its value or appreciate in value over time. Second, MH owners on leased land give up the opportunity for lower cost conventional mortgage financing. I k USing Needs -Assessment for Okeechobee County - Richard Genz - Housing - Coirrmunily Iuszgbl -Page 28 Demographics of Okeechobee MH Residents Following are basic characteristics of MH owners, renters, and their ho„.(,s in Oheeclhobee County: Total population in NIT -I 14,170 Percent Po Pulation in MH 39.50'0 ------------- Occupied MH as % of all occu )ied units 44.90 o - $46,200 Median value, owner -occupied MH Percent and number �'\,IH owner -occupied 73.2.°/0,-4,1/11 homes Percent and number MH renter-occu pied 26.8%, 1,518 homes Percent and number MH vacant or seasonal 25.8%, 1,968 homes - - Estimated and nurn_ber�rsonal property °/0, 2,121 homes percent -27.1 Average household income MI owners $$34 136 y623,828 Averlslnouseold MI ren%f-srll �tllincome, ity pa householders of- .icc o� Rh stated race -ethnicity living in _'1,1T1) African American 8.0`%0 American Indian/AK Native 34 5'io 27 W o Asian I Iisp rnic-Latino 52 5°jo White, not Iispantc 46 8"/o -I DTI T Owner,. A�e of I lonseholder 25-3 I - - -- - I L0 %i' - - - 35 =W L3.I 45-54 13.20'0 18 6% 55-64 6.5-74 24 6010 17 40jo 7- Total llge 65+ 42 0` 0 -- Nit Renters: Ave -o_f Householder - ------ ----- - 15-24 o 13 4 /o 25-34 -------- 23 9% 26 5% 19 5% 8.30/'0 — ----- -- ------ 35-44 45-54 55 64 65-7-I -------------------------- 75-I 2.7% Total Age 65+ 1 lousing deeds lssessment for Okeechrhee County Richard Lenz - Hoirairg e';Y Ci�rremtniity lir_iz fit- Pat,e 31 Mx Parks The county has 1,591 rental spaces in 81 parks licensed by the Okeechobee County Health Department. Many parks are very small. The median park size is just 13 lots. There is a concentration of parks in the coun.ty's southeast quadrant, along Taylor Creek, and lake access in many of these parks makes them prime residential land. Rents are $200 per month in basic, conveniently -located parks like Kings Park at the intersection of Highway 70 and 98. $239 is the rent for waterfront lots in the 'I 15-lot Riverbend park, reserved for people age 55 and over, behind Big Lake Bank on Parrot Ave. Remaining lots are $229. Occupancy is 60 percent seasonal in Riverbend, where a 1989 single -section home on a waterfront lot could be had for just $25,000-----before the 2004 hurricane season. 1,lorida regulates land -lease communities extensively. The 1'ederation of Manufactured Home Owners, a 100,000 member consumer organization based in Largo, has achieved an impressive record of success in the Florida legislature over a 34-year period.31 As stated in Florida's Mobile dome Act, The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. Once occupancy has commenced, unique factors can affect the bargaining position of the parties and can affect the operation of market forces. Because of those unique factors, there exist inherently real and substantiat differences in the relations which distinguish it from other landlord -tenant relationships. The Legislature recognizes that mobile home owners have basic property and other rights which must be protected_ The Legislature further recognizes that the mobile home park owner has a legitimate business interest...."'I�.S. 2003 Ch. ?23.O(11 M) George Allen, a national expert, says 1'lorida's protections for park tenants are the most stringent in the nation.-- _A key element is the requirement that park owners formally disclose to prospective tenants how the park is managed, what amenities are promised, and on what basis rents may be changed over time. The representations are binding on park owners and are assignable to a new owner upon home resale. Florida give tenauits the right to make the First offer whenever a park is placed on the market for sale. The importance of this protection is growing. Older parks in Florida cities have been converting to uses that generate higher returns, causing mass evictions. The state now has over 600 resident -owned land -lease communities, but the county health department reports there are none in Okeechobee County. In a resident -owned community, individual homeowners rent lots from a resident -owned corporation that owns the land and maintains infrastructure and common amenities. Rents are held to modest levels. Homeowners are more likely to build equity because they have guaranteed, long-term tenancy. Some migrant flrmworker mobile home parks in the county have closed under pressure from code enforcement authorities, but no one interviewed for this study had heard of a park that sold for conversion to another use. The state Department of Business and Professional Regulation enforces the law that regulates paths, Chsapter 723, the Vlorida Mobile Home Act. The Department investigates complaints, and can issue subpoenas and bring action in civil court to enforce the !Mobile i Iousing Needs Assessment for Okeechobee County - Richard Genz - f fou.siag (�Y hv,)zght - Page 32 Builders A small number of local firms have served the Okeechobee home buyer's market, building up to 35 homes per year. To date, no large-scale developers have built in the county. Planning director Bill Royce reports a recent increase in small subdivision applications. Many buyers find their own land and secure their own constriction loan, and then hire a builder for construction. John Abney, who has been building homes in the county since 1973, reports that the typical new starter hotne is 3 bedrooms, 2 baths, 1300 square Feet, and costs about $92,000 to build, without garage or land —about $71 per square foot. In 1990 the same home cost about $70,000 to build, Abney says. This indicates that Okeechobee residential construction costs have risen hardly at all since 1990 in real terms, alter adjusting for inflation. The cost trend in the county mirrors national research showing that the inflation -adjusted cost of home construction rose by just 2.9 percent during the 1990's decade.33 for I UD- code manufactured homes, inflation -adjusted costs rose even more slowly, by just 1.6 percent during the decade. (In contrast, land costs have. risen much faster than inflation, rn the county and nationwide.) The lowest -cost model Abney builds is a 2BR, MA, 1100 sq. It. home, ga age excluded, for $80,000. Abney's company expects to build 36 homes this year, as the market booms. His lave -year average has been in the 12-18 home range. Jcrry jolicoeur of I lomcs by jolicocur, Inc:. reports th,it (w0s, I )t his nwitc:��� 1�re�inl modular homes run ti-om S-18 to 5100 per sqre uaIOot depending on quality, and excluding land. IIe says his buyers divide evenly between entry-level, mid -range, and high quality. jolicoeur sold 82 modular units in the courity between 1999 and 2004 according to company records. Other builders placed some 38 rnodular units during the same period, giving modular units a 14 percent share of the market for the five and one-half year period. Despite the much higher -priced new homes being built just 60 minutes east of Okeechobee, local builders do not report that local subcontractors are migrating east to earn the extra $3- $5 per hour that trades people earn there. Owner -builders were responsible for about 140 homes between 1999 and 2004 about 17 percent of the market." Residential Land Market Land values were stable during the 1990's, according to county planning director Bill Royce. Recently they have been rising at a startling rate. Phil Berger, who has been in the appraisal, realty, and residential construction business in the county For 34 years, says today's land market is the hottest he has seen. The real estate business is slow because properties are in such demand that sellers need not list them. tlousing Needs Assessment for Okeechobee County- Richard C;enz Iloumly, �YC.ai�mullily, Irt+zgiv-Page 37 E s Annual Land Sales, PrairieNiking and Remainder of Okeechobee County, 1995-2004 4500 ,---- 4000 L-- — 3500 1o0o L 500 1995 1996 1997 1998 *Extrapolated from 2004 total through August Source: Okeechotx?e County Appraiser Office 1999 2000 2001 2002 2003 2004' Year In 2003, there were almost five times as many sales in Viking as in the rest of the county's entire residential market The frenzied pace and rapid appreciation in Viking creates an un(lerstan&111)le "buzz" in the Okeechobee residential market, but the uniqueness and is()lation ( 'v'iking mean it has limited impact on the affordable housing situation in ( )keechr,bee County as a whole. Back in Okcechobee's traditional residential real estate rnarket, there has been a significant increase in residential land sales activity in the county. Number of sales averaged 497 annually during the past four and one-half years, a 53 percent increase from the average during the previous Eve years. Land sale activity is rising faster than residential construction, which increased about 30 percent in recent years compared to the average level of construction during the nineties. The level of activity, and the rapid increase in land values, suggests strongly that there will be future demand for higher -cost housing construction in the $100-200,000 rang:, appropriate to lots purchased for $20,000 to $40,000. Residential Land Sales in Okeechobee County, Excluding Prairie/Viking, 1995 throunh 2004 Year 1995' 1996 1997 ---- ------ 1998 — 1999 2000 2001 2002 2003 2004 Number osales 366 338 387 235 - 265 376 486 513 486 624* - - - — Source: Okeech.ohee County Property Appraiser's Office. The City of Okeechobee's residential construction market has surged even more strongly than the county has a whole during the past two years, averaging 18 site -built or modular homes per year compared to 6 per year in 2000-2002. Individual building permit data Housing Needs Assessment for Okeechobee County - Itichard Genz - IIoar.nng c Comrrurnily Iusr�ht - Page 39 provided by the City of Okeechobee shows that new home demand has remained in the same band, in the mid-100's including land, since 2000.'5 Estimated Median Sale Price of Newly Constructed Domes,* Ci of Okeechobee 2000-2004 Year 2004'- 2003 2002 2001 2000 Estimated median sale S'l52,968 $146,250 $169,000 insufficient data $137,800 rice Incl. land Number built 17 19 9 2 7 The average permit amount `vas $137,854 for 156 single-family CBS and frame -constriction permits issued by Okeechobee County from January through September 2004 (excluding manufactured). The median was $129,278. Permit values exceeded $150,000 For 49 of these homes. (Permit values exclude land costs.) It is common in hot real estate markets for builders to move upmarket and build higher -cost homes. Profit margins are Larger, and buyers can readily quality for financing. This is happening in Okeechobee now. For scattered -site development, the economic incentive to build high -end units (locally, about $100 per square toot including land) is strong. One builder said it would make economic sense for him to build 1600 square -foot townhouses in the $125,000 range, but said the lack of multifamily zoning makes ghat unrealistic. S(,nic ,cry l,irgc developments ;tre in stag(—, ut planning and approval, including, !21 cres near thcc 70 ,utcl 710, n vncxl by North Shore V1illa)e; the I.<t "lartin Acres property, 219 acres, and south of highway 441 on the cast side of Okeechobee, up to 1000 housing units could be developed. The latter project is not yet on the official docket, but there is talk of a wide range of housing types including multifamily, at a range of prices beginning as low as $100,000. Another 200 units are proposed in a zone chg ane request for a site on highway 710, southeast of Okeechobee. Housing; Needs Assessment for Okeechobee County Richard Genz Houmirg 6 Gwrvwttnily lrtsz,,hl page 4 Housing Finance Nationale Mortgage Market Serves Okeechobee Twenty years ago, some areas of the country still experienced shortages of mortgage credit from time to time. Now the US mortgage market has evolved to provide a broad array of loan products in markets large and small. Real estate agents and lenders in Okeechobee report using familiar loan products available nationwide. Mortgage brokers, who now participate in more than half of loan originations nationwide, are partly responsible for expanding the availability of a wide range of loan options. I\,tortgage brokers specialize in staying abreast of a wide range of loan programs so they can qualify as many buyers as possible. Two-thirds of Okeechobee homeowners were making mortgage payments as of Census 2000. Loan products readily available in Okeechobee include FHA -insured mortgage loans, loans that conform to Fannie Mae and Freddie Mac guidelines and carry private mortgage insurance, and a dwindling share of loans that local lenders hold in their own portfolios. The county's busy real estate market has caused a work backlog for lenders, appraisers, surveyors, and title attorneys. I%Is. Tabith I TI-cnt at Riverside National Bank reports that mist new horue construction in the ()keechobee market is financed by the hornebuyer. Few builders have their own credit lines with banks that would enable them to provide construction financing. New home construction loans are available with as little as 5 percent down. One valuable loan program subsidized by the federal government is under-utilized in the county. The USDA Rural Housing Service 502 Guaranteed Housing Loan offers 100 percent loan- to -value financing and no private mortgage insurance is required. 'There is no price limit. Borrowers may earn up to $66,150 (family of four). Big Lake and Riverside Banks offer the program, but only six loans were originated in the county in all of FY 2004. New manufactured homes are eligible under national rules, but to date the Florida state office of RI -IS has boycotted tV111. FI-lA mortgage insurance is alive and well in the county, with modest loan volume, but surely more buyers could use its low downpayment and more flexible credit standards. ttousing Needs Assessment for Okeechobee County - Richard Genz - Housirig & C.'oimnunily Page 41 FHA Loans in Okeechobee County, FY 2004 & 2003 FY Loan Purpose Number FHA r - — Mortgage Amounts Loans Purchase Existing House 56 $4 723 969 Refinance 31 $2,426,019 2004 Purchase Existing House Not 9 $984 041 Previously Occupied, Construct Ilome (proceeds paid out during construction) 9 $831,516 $8,965,545 2004 Total 105 Nurchase Existing house 63 $1,416, 302 Refinance 25 $1,860,362 2003 Purchase 1.xistrng House Not Previously Occupied 6 $525 922 Construcl Home (proceeds paid cur during construction) 6 I00 410,982 $7,213,568 2003 'Total Source: [ i11ll ! It ni net shI[) ( enter, Atlanta. The I'lorida IIousirrg Fiiiance Corporation's First -Time Ilomebuyer's Program may become valuable if interest rates rise as expected over the next few years. Record -low market interest rates currently make the FI-I>'C program uncompetitive. The agency offered 30-year loans at 5.5 percent interest in October 2004. The very same financing resource has periodically been made availahle to Okeechohee homehuyers through a county partnership -with Escambia County. Controlling Default Risk: Cash Downpaynnent vs. Credit Quality Over the past 12 years, the mortgage industry has come to rely more on credit quality and less on down payment in evaluating loan approvals. Sophisticated, computer -driven credit scoring has made the shift possible. Credit_ scores have proven to he highly accurate predictors of mortgage default. Because credit scores are so effective in controlling mortgage risk, lenders, the secondary mortgage market, and mortgage insurance companies have all embraced mortgage programs with small downpayments that would have been almost undrinkable 12 years ago. It is good news for homehuyers that less cash is needed to access Iiomeowriership, but a good credit score is essential_ And the credit marketing industry excels at tempting I lousing Needs Assessment for Okeechobee County - Richard Gene - Hwwig & Cawrrunady Insight - Page 42 consumers to overextend themselves. Some young couples have dug a hole for themselves in terms of credit score by the time they are ready to buy their first homes. For years the manufactured housing finance industry specialized in stretching further than other home lenders would in order to qualify such borrowers. Buyers who had spoiled their credit ratings became a natural fit for manufactured housing. In this way, poor credit results in "almost homeownership" that does not build net worth, which in turn drives even more borrowing, and lo-,v-wealth households remain so. The mortgage industry's heavy reliance on credit scores means that improving credit scores of would-be homebuyers should be a key part of a strategy to promote wealth -building homeownership. Buyer education and counseling are proven methods for improving credit scores and informing buyers about how the homebuying process works. Large-scale research studies have shown that classroom and one-to-one buyer education and counseling do improve mortgage loan repayment36 At present these important services are not available in Okeechobee County, although Barnett Bank once offered buyer_ education in the past and reportedly got a strong response from consumers. The nationwide nonprofit Consumer Credit Counseling Services offers a range of financial coi_rnseliug services, but they do not operate in Okeechobee. Okeechobee's current 1,ocal housing Assistance Plan calls for a partnership with the Cooperative Extension Service to "conduct and maintain an ongoing homebuyer education program" during the h'Y 04-07 cycle. Financing Manufactured Dousing Manufactured home financing has man, more variations than site -built financing reflecting many I,_iuds or homes in the ,A11 I marketplace, each with its o%vtn degree r,fculhteral risk. Consumer education and active partnerships between the cotmty and various public and private lending programs would help to improve financing prospects for Okeechobee households owning iVIH. Improving resale N111 financing options would improve values because better financing puts homes within reach of more buyers. Leased -land home loans cannot be sold to Fannie Mae or Freddie Mac, and they do not qualify for private mortgage insurance, USDA, or FHA financing. Okeechobee lender portfolio programs accommodate MlI on leased land. Riverside finances units built after 1982 for up to 10 years with fixed and adjustable rate loans, with rates from 12 V4 to 15 1/4 depending on credit score. Rates much closer to standard mortgage rates are offered for high credit scores of 660 and up. Downpayments are much higher than for site -built home loans, from 20 to 30 percent depending on the age of the home —terms that suit the area's retiree market well. MlI retailers finance many first-time buyers through their own programs, with units on leased land financed at rates from 400 to 600 basis points (100 basis points equals one percentage point) higher than home mortgage rates. They rely on a faltering nationwide industry that provides "chattel" or personal property financing usually through home retailers who earn a commission for originating the loan. The industry suffered severe losses due to lax underwriting in the late 1990's and several major players such as Conseco and Greenpoint folded. Retailers are hoping for a chattel financing- recovery, but meanwhile they have been forced to find other I Inancing including standard home mortgage financing. Housing Needs Assessment for Okeechobee Count)- Richard Genz Hoauzng & C.oininwno, In3zght - Page 43 For homes placed on the owner's land, including single -section units, standard F1IA loans are the best option for consumers. Unfortunately for local buyers, this option seems to be a secret locally. No FHA loans for manufactured homes were originated in Okeechobee County during the 03 and 04 fiscal years.37 FI IA's Atlanta office has ruled that any post- 1976 MH installed which an engineer certifies to meet Florida's 1999 standards will meet FI IA's permanent foundation requirements. j\rost pre-1999 homes can be retrofitted to meet the 1999 standards for a cost ranging from $7.50 to $2000. Once a home has been Financed by FHA, future buyers can also use FIIA financing, which helps to maintain N411 resale value. FHA, along with Rural Housing Service and private mortgage insurers, has normally required manufactured homes to have expensive masonry perimeter walls. Although they have termed this a "permanent foundation" requirement, in fact the great majority of - manufactured homes are designed to be supported not at the perimeter, but beneath the steel 1-beam frame. Mortgage lenders -.uid insurers have in effect "taxed" manufactured homes with an expensive, structurally unnecessary requirement.38 The Atlanta FIIA director's acceptance of Florida's standards cuts through the confusion. The decision frees home buyers to choose less expensive perimeter enclosures. Florida standards are silent on perimeter enclosure, and address only the stability and wind -resistance of the installation. Okeechobee, along with many other local governments in Florida, has design standards for perimeter enclosures to harmoniZe manufactured homes with site -built neighbors. The county attempted to implernent a requirement fc>r a concrete stemwall (or manufactured lrotne5, but the states nondiscrimination law m;irulating equal treatment of ivlf I and site built 111MI ' 11,ulc it imp��s�iblc t�� dc; su. For multi section homes with land, ]Fannie 1\4ae and Freddie :%lac loans are available. Okeechobee County's desiFm standards should be sufficient to satisty the private mortgage insurers who insure most Fannie/Freddie loans. Appraisers in the Okeechobee market are Familiar with the. secondary market's tough 2003 standards for valuing i1�II1, and ,it least one of them does not surcharge N[H appraisals as is common in other markets. Any properly installed double -section home built after 1976 can qualify for Fannie/Freddie financing, except on leased land. Home Improvement Financing National data on home improvement financing from the Federal Reserve shows two distinct markets and product types. The tnarlitional hortze equity loan, a fixed-rate, closed -end loan, is still most popular with lower income borrowers. They use loans most often to pay other debts, secondly for home improvements. The home equity §ne of ctedit, a variable -rate, open- end "checkbook" type of financing, is the most popular form of borrowing against one's home. Nationwide, '13 percent of homeowners have second liens against their homes, and most of these were equity -lines of credit. Home improvement is the most common purpose for equity line: borrowing. dousing Needs Assessment for (Aeecliobee County - Ric hard Grnz 11ous n� c Co�n�rrarrsity Irasr�hL - Page, 44 In Okeechobee, equity -line financing is a mainstream product offering as it is everywhere in the US. Cquity-line financing for owners of manufactured homes is available from at least one lender when the first lien is also held by that lender (Riverside). Subsidized Finance Programs The county receives $350,000 per year in SHIP funds from the state's housing trust fund. Most funds are programmed to help homebuyers afford a home. Maximum price limit is currently $95,000 and administrator Linda Rucks says clients are still managing to find homes priced in this range. Loan amounts range from $8,000 to $25,000 depending on the buyer's income. Loans carry no interest and are forgivable over a seven-year term. Rehab hands up to $10,000 per unit are available, but there have been few takers because funds may he used for building code defects only. $80,000 per year is programmed for rehab financing. The county ;Illocates $2000 per year of SHIP funding for buyer education. State staruIe prevents SFIIP from assisting 1-IUD-code homes, a provision that homebuilders fought hard for. For low-income households, USDA's Rural f lousing- Service offers deeply subsidized home purchase mortgages Cot- site -built homes priced up to $111,203. Surprisingly, there is no waiting list. lie progmin's credit standards are high enough that they screen out many low- income h<n<< hc�lcls. USDA also offers grants and subsidized loans for home repair through its Section 504 program. Grants up to $7,500 are available for elderly homeowners, and they need not be secured by a lien on the residence. Twenty-year loans carry a 1 percent interest rate for terms up to 20 years. USDA Rural Dousing Service Single -Family Assistance in Okeechobee County, FY 2002-04 -- FY 2004 FY 2003 FY 2002 Number Amount Number Amount Number Amount 502 Direct Subsidized Dome 16 $645,320 8 $350,480 8 $516,156 Purchase Loans 502 Guaranteed — RurallIousing 6 $450,000 1 $93,480 2 $162,000 Loans mathet rate 504 I -Tome lZepair Loans 3 $35 000 2 $25 000 0 504 Home lZepair - Grants 3 $18,500 0 0 �uu[C-c: [,,L,,� ,[ate l_)thce. 1 lolls uzg Needs Assessment for Okeechobee County Richard Genz -I lou,411 c= �omoza<nriy In.izgbt -Page 45 Reverse Mortgages As real estate values continue to rise in Okeechobee, some of the courity's seniors may want to investigate a reverse mortgage to increase retirement income and help with home maintenance. A reverse mortgage allows a senior to tap their home equity without incurring any repayment obligation. The program design ensures that a borrower will never owe more than the home is worth. As long as taxes and insurance are paid, the home cannot he foreclosed either. So far, no Okeechobee lender has made the program available. Reverse mortgages are becoming popular after years of discussion. In the first five months of F-V 2004, 12,848 loans were originated nationwide, compared to 6,638 for all of2000. The I Iome Fcluity Conversion Mortgage, the most popular form of reverse mortgage, is FfIA-insured. The American Association of Retired Persons maintains a network of tnit'ned counselors nationwide to explain the complex program to consumers. In West Palm Beach, Barbara Tyson is one such counselor at Consumer Credit Counseling (561-515-2273). f Iousing Needs Asses sine nt for Okcechol)ee County - Richard Gevz - flocrszuv & Corrrinunity Tnjzgbt -Page 46 Rental Housing One out of four households in the county rents a residence. About 1500 households rent manufactured homes; another 1000 rent site -built single-family homes; and the remaining 700 renter households rent apartments in multifamily dwellings. According to Realtor Hallie Davis, many units are owned by small-scale investors who own a few houses or mobile hOnles.39 Income and Demographics Median renter household income is $25,7 M. As of 1999, 28 percent of renter households were below the poverty line ($13,290 fora 3-person household).40 Over two-thirds of renter householders are between 25 and 54 years of age. One renter out of eight is over 65." Rental Housing Construction Only 17 multifamily structures were built in the county between 1994 and June 2004, and 15 of those had fewer than 10 units.''` Most of these were probably for ownership. A maximum of 18 units per acre is permitted inside the county's designated development zones, subject to infrastructure capacity. Securing a zoning change from single-tamily to multi -family is usually diflFcult clue to neitrhhorhood opposition. A recent example was the August 200.1 rejection of such an application for 10 large single-tamily lots ne_tr I�:�eeglades L;lementary School. In the late 1990's, church -sponsored attempt to rezone 10 acres for elderly rental housing was defeated by neighborhood opposition. Aging single-family units, particularly older manufactured homes, are filtering down to the rental stock. About half of all rental units in the county (1,620) were built before 1980; 780 before 1970. Fourteen percent of the county's rental stock was built during the 1990's (436 units). Subsidized Dental Housing The county has three subsidized rental projects, as follows: Housing Necds Assessment For Okeechobee County - Richard Genz -I follring &ComirrungY Inm19bt - page 47 c„ t.ci�itivr� Rd -"talc in Okf-er hnhee County Project Subsidy Units M Rents and ax Population Year source ' and BR Income served built count Okeechobee RI IS 34 1BR Rent = 30% of Elderly 1995 Commons mortgage; income. I'I IFC tax Maximum credits; RFIS 60'/0 of median rental ($18,120 For one assistance person Tanglewood RI IS 10 IBR Rent = 30�% of Elderly 9 Late mortgage; 14 2BR income. units 1980's RVIS rental 2 3BR Up to $36,600 for Disabled 5 assistance Family of 3. units Family 12 1 1IOlNIF; $438 for 1111 at units L,arndy { 2002-3 El Mira Sol 15 s/t (1"IIFC) homes 50°% ofinedian; $529 for 111 1at 60% of me(' Source: Intemelvs with rnanagers, Shimberg Center, U of Honda- LAphteen people are waiting) fur an apartment at "I` Inglewood_ It takes up to four years to reach the top oI the list_ Between tune 2003 and September 200.1, only three apartments tt.irned over. (�nc occupanr rn�>�ed out of state, and the other two I(At .ts their HIC011-ies rose and the 30 percent ( income 1)r[nUla produced a rental am<nint that eacecded market rents. (households must meet income limits when they move in, but they cannot be evicted when incomes increase.] All units at T,,inglewood are wheelchair -accessible. The longest -waiting person on the Okeechobee Commons list has been waiting three years for an apartment. Okeechobee County does not have its fair share of subsiclizecl rental housing. It has only one unit for every eight renter households with incomes between 20 and 60 percent of median income. The Following table shows that the county's ratio of 12.7 percent of low- income renters occupying'a subsidized unit lags behind the ratio of neighboring counties and the: state as a whole. Housing Needs Assessment for ( )kcechobee County - Richard Gen' - Florrsirt� e Page 48 • • 50 % i- - --_.- 45 % 40 % 35% -- v 30% - a N 25% C N B 15% rn to% -L 5% 0% Subsidized Units as % of Renters, by Income Category: Okeechobee, Counties East, and State (2001 ) I®Subsidized Renters As % of All Renters SUbsidlZed Renters As % of Renters with Incomes Between 20% and 60% of Median Okeechobee Martin Palm Beach St. Lucie Florida Location Source. Shimberg Center, Univ. of Florida, Rental Housing in Florida. Subsidized Units as Percentage of Renters: Okeechobee, Counties East, and Mate (2001) Subsidized Units as Percent'of All Renters Subsidized Units as Percent of Renters with Incomes between 20% and 60`io of Median Okeechobee _ 4.90/0 Ntartin 8.7 ,'0 - -- 30.5% — _Palm7.9°'l, -- 3 St. Lucie _ 11.8% - -- - 7.9"0 -- - — Florida — 11.3% -------- - -� 36.8% -- _... ,.. ..., , 1 —1. 11 L l'ill la, isearut riouszzzx in uionaa. The county has no Section 8 Housing Choice vouchers or public housing units, H UD's two major housing subsidy programs. Section 8 vouchers allow low-income renters to afford privately owned rentals. Public housing is owned by government entities. Neighboring counties have the following number of vouchers and units: Housing Needs Assessment for Okeechobee County - Richard Genz - Ilaruzu"', & Correrrrunity In_+z & - Page 49 C .....: Q Z7.. "I'- -I 13-1 1;r uniicintr I Initc- Cmintips Fast of Okeechobee Section 8 gPublic rousing Vouchers Units Palm Beach County Housing Authority 2,595 �I3 West Palin Beach Housing Authority 1,994 712 I Iousing Authority of the City of Stuart 77 70 Housing Authority of the City of Port Pierce 709 826 Indian River (;aunty Board of County COmmisstoncrs 345 O Source: Supportive I IoUsing Keport )-U4 Dy 1 CCn[1IC,11 iASSIslill CC I.vltl '"L i'���iiva Manufactured Home rentals ;%Ianuf;-tctured housing plays the same major role in Okeechobee's rental stock as in its ownership liousitig. Nearly one-half of the county's renter households (1,518) rent a manufactured home. (Source: Census 2000) R-enters occupy 27 percent of the occupied manufactured hl)tnes in the county. V'ot t°�ran� !Ic"A nrtnufactured Homes .tre placed IWO� rental r,ervict. Only 156 nunufactured (loin 1)IIIIt In the 1990' are rentals. _MIanutactured ll(ItnCs filter down tr> the rental stock as they age. About -15 percent of N111 rentals were built before 1980. Renters occupy a disproportionate share (39 percent, 572 units) of the cOMM's year-round occupied old mobile homes built before the 1976 HUD code."' These 572 obsolete and unsafe units constitute a clear and urgent housing need in Okeechobee County. Few senior households rent manufactured liomes_ 'The iti11 I renter age distribution is as follows: MH Renters: Age of Householder_ -- Age _15-24 25-34 35--44 4554 55-64 65-74 75+ - 65+ Percent 13.4% 23.9% 26.5°'o 19.5% 8.3% 5.7/o 2.7% 8 4% ---------- --- Number of 203 363 402 296 126 87 41 128 I fouseholds Source. Census 2000 compiled by Mousing & Community [nslght. By contrast, 1,739 senior Okeechobee households lure year-round in a manufactured home they own. "They account for 42 percent of Okeecliobee's MI I owners. NLInUfactured home renter households have an average income of $23,828.-"' dousing Needs Assessment for Okeechobee County - Richard Genz - I lottsinIg btligbt - Page 50 Rents vary widely for manufactured homes. The range reflects the fact that "manufactured housing" encompasses an extremely wide range of units, from substandard to excellent. One very large multi -section home on a half -acre lot north of town rents for $880 per month, according to a local real estate agent. Another agent says it is not uncommon for single -section units 20 years old to rent for $600 to $700. In a mobile home park, a real estate agent reported a 2BR, 1BA single -section home renting for $500 per month in February 2004. About 60 basic iMH units in 46°i Ave. Villas rent for $400 per month and stay full, according to a local Realtor. A landlord who owns more than a dozen HUD -code homes rents 10-year old, 2 BR, 211A units for $125 per week for those in good condition, and she reports 95 percent occupancy. Market Rents A large majority of Okeechobee renters occupy single-family units, either manufactured or site -built Tlie wide variation in the condition of single-family units and desirability of location males it difficult to establish a typical rent by bedroom size. In the Douglas Park neighborhood, substandard homes not much better than shacks still command $400 per month plus utilities. In the same area, basic, unrenovated 3BR 1I3A concrete block units without central air conditioning, Financed originally by Farmers Home Administration, are renting for $500 per month plus utilities. I IUD estimates market rent levels annually for every market in the US. They are intended to represent the k)" percentile of -rents paid under recently executed leases in the stated market. These rents are the rnaximi"n allowable, including utilities, in 1 [UlYs Section 8 voucher program. I�ollouing are I IUD's estimates for Okeechobee: HUD fair Market Rents, Okeechobee and Counties East. 2004 County/Unit Size 0':BR 1 BR 2BR 3_BR — Okeechobee _ _ $410 _ $449 � $508 $630 _Martin/St. Lucie $501 $549 $711 $925 Palm Beach $570 _ _ $665 $823 $1,092 iuuuuuig umines. Source: I 1 t J D HUD's market rent estimates are low for Okeechobee as of 2004. The actual median rent, including utilities, paid by Okeechobee renters in 1999 was $486 as determined by Census 2000. Town Center Apartments is a 48-unit complex built in 1987, located at 1799 South Parrot. All units are 2-bedroom and rent for $550/monda plus utilities. There were no vacancies as of September 2004. Oak Lake Apartments, built in 1981 and located at 2355 SW 281h St.., offers two -bedroom apartments for $575 per month/plus utilities. Townhomes with 2BR-21_3A rent For $800/month, plus utilities. Mousing [Needs Assessment for Okeechobee County Richard Genz - I loa.61 � C.01rnrrandty Tn.r�gbt - Page 51 At the bottom end of the rental market are rooming houses, occupied either by all -Hispanic or all -African American tenants. An example_-, is the "yellow apartments" at 206 SW 6``1 Ave.. occupied by Hispanic tenants who pay $$25 per week per person. Douglas Park has a few units of this kind As well. I?stimated market rents in late 2004 are as follows, with coastal county rents for comparison: A.rPr 1l nrlrvl Ront,_ Okeechohee and Counties Fast 2004 (Utilities not included) 0 BR 1 BR 2 BR 3 BR Okeechobee Single-family house or n /a n/a $650 $800 double -section Mll, good condition n/a $550 $675 Okeechobee single -section N11-I, good COndttton Okeechobee apartment 400 5=150 $632 $y565 $883 no data $! 215 N artin County apartment* Palm Reach County apartment" $663 $409 $963 $963 $666 $1210 St. Lucie County apartment" $523 12001 telephone survey data has been adjusted upward by 3.J %o per year tnrougn _uv r ) y»). Source: E {ousing cC Community Insight €ind Shinnhcrg Center, Rewlal I lousmv 1H Florida l'lur(;et .Survey of complexes 17 � units, December 2UU1. (t):Ita Ei)r ( )keechubce atone was not collected by tiliimberg survey-> OCCUpancy Date The occupancy rate in the rental apartment uiarkct is estimated at 98 percent. Overall rental vacancies including single-family and manufactured home rental units are higher, in the 8-10 percent range. A comprehensive study of Okeechobee's apartment rental market performed for Florida Housing Finance Corporation in October 2002 found only 4 units vacant, and estimated overall apartment occupancy at 97.6 percent." The overall rental market including apartment and single-family/M11 units was 10.4 percent in '1999 according to Census data. Rental Housing Needs Renter Incomes Renter incomes are substantially less than owner incomes. The county's median renter household income in 2003 was $$25,716.46 1N1ore than one renter household out of four in Okeechobee lives in poverty. Households with very low incomes have difficulty raising enough cash even to gain access to the rental market. Most Okeechobee rentals require at least the first and last month's rent up -front In addition, renters have to pay deposits for telephone and utility service. To afford An average quality 2-bedroom apartment unit with utilities in Okeechobee, an adult in a single -earner household would need to earn $12.40 per hour ($25,800/year) to I lousing Needs Assessment for Okeechobee County Richard (;enz - Flou.izq &Comtrurnity hr.+zgbt- Page 52 order to avoid spending more than 30 percent of income for rent. 1Ialf of Okeechobee renter households earn less. A worker at the minimum wage would need to work 19 hours per day, 5 days a week, to afford the average Okeechobee 2-bedroom apartment with utilities. The following table shows how renter household incomes were distributed by Family size in 2000 and how they are projected for 2010. Okeechobee Renter Income Distribution by Household Size. 2000 and 2010 Renter Household Size percent oFHUD Median Income* <20% Number Renter HH 2O00 M199 Number Renter HH 2O10 B230 20-29.9-i4, - 199 - 1 236 -- 30-39.9° � — 113 ----------------- 131 1-2 `10-49.9°'o 130 145 50-59.9% 107 122 60-79.9% 212 2.32 80-119.9°% 237 248 More than 119.90//'o �-20°0 294 102 325 105 20-29.90/0 93 102 3-4 30-39.9",4) - 0 49.9" 0 - --- --� 107 -- 9 7 - - 117 102 - - - 97 60-79.95o 172 180 80-119.911'0 201 208 - - -- - More than 119.9% <20% 09 86 _ 217 --- 88 20-29.9°�0 - 59 --- 59 30-39.90/% 60 60 - - 5+ 40-49.9% 50 50 - 50-59.9% 40 43 60-79.9% 97 _ 103 - 80-119.91)1% 188 202 More than 'I19.9% 1 Ill 101)4, )4-3,200 for a = person household; 530,250 for one. Source: U of FL Shimberg Center. Renter Cost Burden and Crowding A basic measure of rental liousing need is the percentage of renter households who are paying an unreasonably high share of income for rent and utilities. As of 1999, one renter household out of three (1,007) in Okeechobee was "cost -burdened," i.e. paying more than 30 percent of income for rent and utilities. Of these, 781 households were paying 35 percent or more of then- income for rent (25.5 percent of all renters).`" Housing Needs Assessment for Okeechobee County - Richard Genz - Hom.4n ��� C.'one>ninnty Lr-iz�iit -Page 53 An even higher percentage of renter household budgets were overstretched in counties to the east. The following table presents rental needs in Okeechobee and counties east. i?--tsar PnAri rttr Cost-hnrdt-n- and Crowding. Okeechobee and Counties East �' is renters to poverty °/ renters cost burdened % of renter households crowded* median rocs g rent Okeechobee 28.3 32.9 20.7 $4_86 - - Martin - - 17.8 - ---- 39.6 8.8 $633 - Palm Beach _ 18.9 42 12.5 $739 St. Lucie --- _ - 26.6 22.7 ---- — — 41.3 - - 40.9 - '111.0 - $621 Florida, - - t2.9 $641 Source: Census 2000 The number of Okeechobee cost burdened renters will increase faster, by 10.7 percent, than the 8.3 percent overall increase in renters that the Shimberg Center projects through 2010. Over 500 renter households in Okeechobee County are on the edge of homelessness, paving 50 percent of household income for rent and utilities. When a household budget is stretched this far, a medical emergency, car repair, divorce, or illness can put the family on the street. Okeechobee County Renter ITousehold Cost Burden, 2000 and 2010 Rent 'find Utilities as Renter Ff11, 2000 Renter 1I1I, 201 Cliangc. 2000 2010 Percent of Income 3W'o 2,138 335 -- -- 183 2,291 374 195 6 6`�0 30 39°%� --- - 10-49% 50�O' — 505 — - 563Toters - 3,161— 3,423 1'ot<tl Renters Paying; 30% or more of 1,023 1,132 4-1C.7` o income for rent Source: Univ. of H, Shimberg Center Not surprisingly these households do not have much income. The majority of households paying 50 percent of income for housing are surviving on less $8,640 per year (20 percent of the 4-person median income in 2004). To provide decent, affordable rental housing to extremely low income renters requires large subsidies. i lousing Needs Assessment for( )keechobee County - Richard Genz - ITouvz g &, Comm aia), Tir.ngbt - Page 54 Income of Severely Cost -Burdened Okeechobee RPnt&rQ Mll? inA ?nin 13..,,;o Renter Household Income as of Area Median Income year 2002 Year 2010 <20% — -- — 256 275 20-29.9°io 147 16 "i 71 --- 50-59.90//o 14 15 — To tal 516 563 .N.)«. iricunai nousenoia Income was 535,700. "Severe cost burden" means renter pays more than 50°i0 of gross income for rent -,uid utilities. Source: Univ. of IT, Shimberg Center Crowding is a problem for more than one renter household out of Eve in Okeechobee, a very high percentage. Crowding is defined as more than one occupant per room. Targets: Dully Meeting the Need for Affordable mental[ Mousing Okeechobee County clearly needs more affordable, good -quality rental housing. Uven though low incomes give many renters limited buying power, the shortage of decent quality rental housing in the county has pushed rents to relatively high levels. The result is that some 893 low-income renter households are paying more than 30 percent of their income tor- rent and utilities. Several observers, including)anet NIchenna at Okeechobee County Senior Services, see an urgent need to create subsidized rental housing for the county's scni<�rs. "There are two strategies to reduce tlhe number of households who are overburdened with rent costs. The problem can be tackled from the income or demand side, with Section 8 vouchers or similar tenant -based rental assistance. Rental assistance would enable some renters to reduce their cost burden to a manageable level, and some would also move to better quality units. Flowever, rental assistance does nothing to improve the condition of Okeechobee's rental stock, much ofwhich comprises old manufactured and mobile homes. Besides, rental assistance Funding is in short supply. A supply-side strategy for rental unit production is also needed. The following table is not intended to prescribe a strategy, but to document in detail the depth of supply or demand -side subsidies that would address current rental need, based on the number of Okeechobee households now experiencing cost burden. Data on cost - burdened renter households' size, income, and householder age shows that 893 subsidized units or rental assistance vouchers are needed to enable households to limit their share of rent payments to anywhere from $86 to $699 per month. Housing Needs Assessment for Okeechobee County - Richard Genz - Ilousiq 6-Cis»znunnty Lr.ri�llt -Page 55 Number, Type, and Target Rents for Affordable Units/Vouchers Needed by nUP��s,nt,PP Cmint, PenterR Who Are Cost -Burdened In 2004 v Household Size and Type/Number Type/Number Target Rent Levels by Unit Income of Cost- Non' -Elderly Elderly Type Needed Burdened Renters Units Needed Units Needed _ 1 bedroom units at rent, I-2 person HH 1 Bedroom 1 Bedroom including utilities, of: < 20% of median income 34 25 $86 -- 20.1-35%- - 103 21 - $173 - 35.1-50% 102 _ 56 $302 50.1-60% _ 36 23 $432 - - — ---- 60.1% and higher -- -- 64 --------- 33 $518 3-4 person HH 2 Bedroom 2-bedroom units at < 20% of median income 48 - $108 20.1-350"o 70 $216 - - 35.1-500« 100 $378 $ 540 50.1-60°io 33 60.1% and hiQher 16 ----- - - — $648 _ - 5+"person HH 3 Bedroom - - 3-bedroom units_ at: < 20�/0 of tnedtan L]1COme 37 - - - - — - - - --- -- - --- --- 2O.1 3�" � 28 7 x23 _ 35. I 5(1" 4H . =408 50.1 60 $699 60.10/'O and higher 16 Total non - elderly Total elderly affordable affordable Total affordable rental units needed: units needed: units needed: 735 158 893 Source: Estimates of existing cost burden by FIH size and income from Florida Housing Data C.leannghouse. Calculation of affordable rent by mousing & Community Insight based on 30 percent of the minimum income in each category (and based on 10 percent of median for the first category, < 20`%). Tax Credit Rental Housing The federal low income housing tax credit is an "18-year-old program that supports private development of about -10 percent of all new rental housing nationwide. More than 53,000 units have been developed with credits, which are allocated by the P'lorida housing Uinarice Corporation. The program pays for an average of 40 percent of the development cost of apartments that developers commit to set aside for low --income tenants For at least 30 years. Projects usually require additional subsidy such -,Ls low- or no -interest second mortgages from I IOMF or the staves SAIL program. t lousing Needs Assessment for Okeechobee County - Richard Genz - Housing c- C0r1uniuuty Iwi �bt Page 56 Maximum tenant income is 60 percent of median ($25,920 for an Okeechobee household of four in 2004). /\]though mixed -income projects that combine subsidized with market -rate units are allowed, most developers choose to offer all units to households below the income limits. Tenants can earn up to 60 percent of area median income. As detailed in the table below, the county has almost 3000 renter households whose incomes would qualify them for subsidized rental units produced through the state's largest tent subsidy program, the housing tax credit program. More than 1,000 Okeechobee renters in 1-2 person households would meet tax credit rental income qualifications, and 29 percent of them currently are paying an unreasonably high percentage of income for rent. In terms of reducing existing cost -burden among renters, the most pressing need in Okeechobee is for assisted rentals for seniors. Almost 42 percent of Okeechobee seniors, 205 households, with incomes below $20,760 are paying 30 percent or more of their income for housing. Gross Market Potential and Target Rents for Tax Credit Rental Hoaising in Okeechobee, 2004 Non --Senior Non -Senior Non -Senior Senior 14111 'Total Renter 1-I14 under 1-II1 tinder III-f under under 60% Households 60° O ANII 60% AMI 60%AMI, ANTI '' Under 60%' 1 2 persons 3 4 persons 5 6 persons 1 2;persons of Area {max (max (inax (max Median -- $20,760) $25 920 $20,760) Income Number f rent-er h��t.ischolds 11037 9'f6 51"1 183 2,989 Number w/cost burden 303 230 45 205 781 Percent w/cost burden 29.2% 24.8%0 8.30/) 41.9°o 26.10/'o Target contract rent excluding $80 utilities $335 $438 $521 $335 VUILiCl, lncmns renters are now paying Ju percent or more for their units, including utilities. AMI is Area Median Income, asset by I ID for 2004. Senior means age 62 and over. Source: MCI calculations of l�k>rida I lousing Data Clearinghouse data. This is only a. starting point for a project -specific market analysis, which would consider preferences for single-family vs. multifamily housing, location, and other variables that affect actual demand for new units. In the tax credit program, tenants pay the target rent even if it causes them to pay more than 30 percent of income for housing, unlike Section 8 or Rural Housing Service rental assistance which cap the tenant contribution at 30 percent. The target contract rent in the table is calculated to be affordable for households earning 80 percent of the maximum in each category. For example, the $335 per month rent excluding utilities is affordable to a 1 or 2-person household earning $16,608, or 80 percent of the allowable maximum. This "window of affordability" is important in order to ensure that rental projects target a wide hand oFincome- eligible tenants. Part of El ltlirasol's difficulty in renting up has resulted I Lousing Needs Assessment for Okeechobee County - Richard Genz - Hounil�y Corirmuuiy lun ht -Page 57 from having to reach narrow groups of renters in order to meet both affordability and income eligibility criteria. What Happened with Okeechobee 11? In 2002, Heritage Affordable Development Inc. applied to Florida Housing Finance Corporation for financial assistance to build 50 new rental units on a 5.7 acre site adjacent to Okeechobee Commons. The new project was called Okeechobee I1. Heritage proposed to set aside 22 units for households at 50 percent of median income, and 28 units for households at 60 percent of median income. Forty units were to be for seniors. FI IFC gave preliminary approval for $432,874 per year of tax credit subsidy for 10 years, plus a second mortgage from the SAIL program of $1,000,000. The project application also cited $20,000 grant from the city of Okeechobee. Okeechobee II did not come to fruition. The market study con-imissioned by Florida I lousing Finance Corporation confirmed a strong demand for the units. Within 3 to 3.5 months of opening, the study estimated the project would achieve 95 percent occupancy. "The project was viable with the subsidies it had won, but it failed when the developer lost the conftdence of Florida Housing Finance Corporation. As outlined in the Strategy section of this report, Okeechobee I1 is a project that could be revived and built. Elousing Needs Assessment for Okeechobee County Nu I'Ard Genz - floruinz �� Corrmrrmily Inngh! 1'a�Ie 58 • • Description and Condition of Mousing Stock Single -Family Site -Built and HUD -Code Manufactured Homes Dominate More dhan nine out of ten of Okeechobee's 15,504 housing units are detached single-family structures. Manufactured homes dominate the housing stock, with a 49.2 percent share of total units. About 2,885 of these are mobile homes built before the 1976 HUD code took effect. Site -built single -Family detached units comprise 43.1 percent of the stock. There are 974 (63 percent) units in multifamily structures, most of which have 4 units or less. The county has more RV's (212) than apartments in structures of 10-+- units (88). The county's housing stock was shaped during the seventies and eighties when population grew rapidly and three out of five units (9,387) existing as of 2000 were built." Almost one unit in five ("18.4%) is more than 40 years old. Vacant and Seasonal Units The overall vacancy rate was 18.8 percent as of Census 2000, or 2,911 units. Of these, 1,166 units were classified as season;] or recreational.1anV of the seasonal units are mauul<<ctrucd homes it, tllc curnily's iN'll I parks. The VACAIIcy rate for manufactured hornes was over twice as high as for other units, roughly 26 percent vs. 12 percent. Overall Condition of the Housing Stock How the county evaluates condition The physical condition of every residence in the county is evaluated at least once every three years by county appraisers. Appraisers leave their vehicles and perform a detailed exterior inspection of the front and rear of each home to evaluate condition. They do not enter buildings unless there is a challenge to the county's appraised value. After each inspection, the appraiser rates the current condition oFthe home in increments of five on a I to 100 scale known as "percent good." The "percent good" can and does increase from one review to the next when units are renovated or improved. The county rates a home's condition without regard for its construction quality and age. Af home that rated low on quality oconstruction when new can retain a high "percent good" condition rating for many years with good maintenance. For example, a 40-year old home's rating increases when jalousie windows are replaced. Likewise, if maintenance is poor, a high initial quality of construction is no guarantee of a high "percent good" condition rating. Steve Cates, senior appraiser, and Charles Lambright of the county's appraisal staff have decades of appraisal experience between them. N[r. Lambright, a former homehudder, Flousing Needs Assessment for O],ce(-hot)ee C;ouuty - Itichard Genz - flox.,zrt� Iii,1&t- page 59 devotes much of his time to training county appraisers on how to accurately judge the condition of a home. La.mbright says it is a difficult job to do well, and in his opinion many counties fall back on a mechanical, formula -based approach instead of actually learning to "read" the condition accurately. Steve Cates says that Ina full day, an appraiser can assess the condition of 15-20 homes. Appraisers are trained to notice "index" features that frequently correlate with overall maintenance, such as a front door that has been upgraded. (1-annbright believes that the front door is often the first item a diligent homeowner chooses to replace.) Since Mr. Cates came on board about two years ago, a majority of tine county's housing has been re -appraised, including an update of each unit's physical condition or "percent good." Because of the county's careful approach to evaluating home condition, and the timeliness of the current ratings, the county has an unusually reliable, house -to -house measure of the condition of its housing stock. Single-family units: site --built and manufactured For the 12,778 site-huiit units and mobile hotnes on the county tax rolls, the average condition rating as of 2004 is 69.4 percent good. Por site -built homes, the average is 75.5 percent-, for manufactured homes, it is 62 percent. (Yhe appraiser's office automatically reduces the observed condition of manufactured homes built before 1986 by a "mobile home obsolescence" Factor ranging from 5 to 20 percent, depending on the year built.) All condition statistics include both occupied and vacant houses. Mr. ("ttrs sl"ttcd th;it oldth()se tntits rated perCenr g_(,od or higher should be o,tisidered "livable" and Lit > tr, starldardi Air. I "Ind nbri,L�lit addud that a u)ndition score of 40 would describe mills that are extremely dilapidated. Using 50 percent good as the indication of substandard housing, almost one -Fourth of the county',, single-family and real estate manufactured housing stock is substandard. Substandard Single -Family and Real Estate Manufactured Housing Units plumber % of housing type substandard substandard; Site -Built S/F Homes 71-5 - 10.3°10 of site -built S/1' Real Estate Manufactured Homes 2,273 39.0% of real estate MH Total Substandard Site -Built S/F 23.40/, of S/F and real estate and Real Estate MH 2,988 -MH Total All Site -Built S-F and Real Estate MH 12,778 Note: Substandard is dehned to mcluae units rarea JV perccnr gouu Or ivwci. hurricanes struck Okeechobee M 2004. Source: Okeechobee County Property ;appraiser Office. Within the substandard set of homes, a large share was rated less than 40 percent good: 394 site built homes (5.7,'0 of site built) and 1,651 manufactured homes (28.3% of real estate manufactured). Moving even turther down the scale, a total of 958 units were rated 30 percent good or less. I [ousuug deeds Assessment for Okeechobee County - Richard Lenz -I Page 60 Property condition information is not available on the county's approximately 2,171 personal property mobile and manufactured homes, most of which are located in parks. Over the past twenty years there has been a steady increase in the proportion of new manufactured homes placed on the owner's private land. Homes in Okeechobee's parks are very likely to be older on average, and in worse average condition than the real estate manufactured homes described above. It is also unknown what part of substandard housing is owned versus rented, but Mr. Arnold VeM'ey, the county's code compliance director, says rental housing is in substantially worse average condition than ownership housing. He said three-quarters of code compliance actions involve rental housing --even though only one-fourth of all occupied units are rented. Finally, the ratings address the condition of all housing, whether or not it is presently occupied, occupied seasonally, or vacant for the long term. Census 2000 data shows that 25.8 percent of the county's manufactured biomes (both real estate and personal property) and 11.9 percent of non-A4II units were vacant. The ratings reflect housing condition before Hurricanes Frances and Jeanne struck the county in 2004. After Hurricane Jeanne, the county planning and development department reported that about 300 homes had been destroyed, the great majority of them mobile homes in parks. The county considers a unit destroyed or condemnable if it costs more than 50 percent of value to repair the unit. Because older MI -I have relatively small values, it does not take much damage to reach the 50 percent threshold. Quality of C9keechobee Single -Family Constniction is Trending Higher The typical quality of new site -built homes in the county has been increasing over die past 10-15 years, according to chief appraiser Charles Lambright. The appraiser's office tracks the basic quality of home construction with a letter grade that is assigned at first occupancy. Unlike the percent good condition rating this grade is fixed for the life of the structure unless a unit is substantially modified. The grade is closely related to the replacement cost per square foot of a given home. Prior to "1990, the typical new home in Okeechobee County received a "D" rating, meaning average quality. Since 1990, the typical new home's quality has rated a D+, "above average." Larnbright added that Okeechobee grades are relative to local standards, i.e. "on the curve." A quality rating of D-I as applied by national appraisal guides like Marshall & Swift would be somewhat Higher than the same D+ grade issued by Okeechobee County appraisers. Many Okeechobee homeowners and homebLiyers prefer concrete block structures for hurricane safety. CI3S structures were a large majority of non -manufactured home residential permits in 2004. Code Compliance Director Verwey told me that in his opinion, the two kinds of structures can be equally safe. Housing Needs Assessment For Okeechobee County - Richard Genz - florrnrrb �y C.m�rnzarni�� 11149h, - Page 6 1 Condition of Multi -fancily Housing There are 438 multifamily structures uz the county's property tax database, including 196 2--i unit structures and 242 apartment buildings of 5 units or more. A much smaller proportion of this part of die housing stock is substandard. Substandard Multifamily Housing in Okeechobee County Number Total T % of type Substandard Structures of Type Substandard 2' 4 Unit St uctures 5+ Unit Structures L3 3 l9G 242 6.6°% of 2-4 unit 1.2`io of 5+ unit Total M/F 16 �_ _ 436 3.7o/-o of all nz/f - Source: Okeechobee County Property Appraiser data. Manufactured Housing Quality and Condition In addition to the condition ratings of the county's property appraisers, the construction quality of i Il ID -code housing and mobile homes is a key component of the present condition of Okeechobce's housing stock. Because there is so much variation in the quality, durability, srnd safety of the housing that is broadly referred to as "mobile homes," a closer look is needed. vintages of Manufactured Mousing No single term like "mobile home" aci:urately captures die very wide range of manufactured housing. Like Eskimos %vith snow, affordable housing specialists need many categories to capture the full range of MH outcomes. Understanding changes in mobile homes and manufactured housing over time is a good way to begin to understand the wide range. The "vintage" of a manufactured home directly relates to its safety. Before the 11UT) code took effect in 1976, mobile homes in Florida met a loosely enforced industry standard, and their quality was distinctly lower. Tallahassee retailer Leonard Bembry, who has sold homes since the early 1970's, reports that home prices increased by as much as $2,000 when [IUD's code replaced a more lenient ANSI standard that governed home constriction before 1976. That's $6,500 in 2003 dollars. Structural strength is poor for pre-1976 homes, and they are extremely vulnerable to high winds as everyone has seen in 2004. Ralph Nader's Center for Automotive Safety found existing standards to be better than nothing, but reported in 1975 that "poor design, cheap materials, and sloppy workmanship... all too often result in shockingly bad products."' Fire safety is much worse for pre-1976 homes. hires in homes built before the I ll_JD code are much more likely to be spread from the room of origin than in HUD -code homes.'0 Quality of manufactured housing unproved steadily during the 1980s. Market forces, not changes by I ILID's slow -moving N11 I division, generated most of the improvements_ T lousing Feeds A,sessme it for Okeechobee County Richard Genz - Floruzn� c y Corrunenaity Insif�ht- Rige 62 Double -section units with more amenities steadily gained market share, and the IIUD-code home matured somewhat beyond the bare -bones, minimal cost housing that it had been in the seventies. However, the HUD -code industry has always specialized in building minimum -cost housing that meets demand from extremely price -sensitive consumers, and this is still a key market segment. That marketing practice has been self-defeating for the industry as it has simultaneously attempted to compete with site -built homes and win favor with local land use regulators. Marketing minimum -quality units for year after year has caused the I IUD code to be equated with minimal quality. However, if a site -built home were built to barely comply with the Florida Building Code, it too would stand out as cheap quality. The difference is that site -builders rarely target the buyer seeking a bare -hones home. Expert researchers have concluded that many homes built to the IIUD code are functionally equivalent to traditional site -built starter homes built to local codes.' Consumer Reports has stated that manufactured homes can last as long as site -built homes.' Florida consumers have a major advantage on home quality control because of the way the state administers the HUD building code, under contract with HUD. In Florida and only nine other states, state employees work in every manufacturing plant to oversee manufacturers' code compliance. Florida's inspectors are rotated to a different plant every six months to maintain their Objectivity. In other states, manufacturers contract with private companies for the inspection function, and inspection companies can be Fired by manufacturers without I IUD's approval. 'I'Ire next hig cliange for marnfactured homes in Florida came in 1994.'' At that time HUD responded tl) 1 furricane Andrew by irastitaiting crew wind resistance standards based on a home's locati�irr. (t�lorida inanutacturers sued to prevent I IUD from imimsirrg the wind standards, but the court rejected their argument that buyers should be tree to choose lightly built homes.} in Okeechobee, which 11, located in I lUD's Wind Zone 2, new manufactured homes placed since 1994 have been rated to resist winds of "105 mph. (In Wind Zone 3, which includes the coastal counties to the east of Okeechobee, homes are rated for 115 mph winds.) In Florida there are no Wind Zone 1 counties. In a delayed response to Hurricane Andrew, in March 1999 the state of Florida substantially tightened its manufactured home installation requirements. Most problems with manufactured homes result from improper installation. The foundation and anchors transfer the home's weight to the ground and hold it stable in case of high winds. The manuf-acturer's engineers specify exactly how each home should be supported. These specifications are included in the owner's manual. Faulty installation is a common cause of still -I problems from jammed windows and doors to roofs that bow in the middle. A typical double-sectiMn home costs $3500-4000 to install, and dealers usually include this in the sale price of the home. Florida has ,had strict installation standards since March 1999. Florida installation standards are among the nation's strictest. The state was spurred to action by Hurricane Andrew, which damaged or destroyed over 10,000 manufactured homes in Dade County in 1992. In 1999, Florida instituted 1) rigorous testing requirements for all installation hardware components:; 2) Iicensing, bonding, and training for all installers, as well as an installer warranty requirement; and 3) a requirement that each new installation be inspected by local Housing Ncc(Is Assessment for Okeechobee County - Ridmrd Lenz I1010 ng ey Coiranantity Insidit - Page 63 building inspectors. Florida's installation prograrn is administered not by the SAA, but by a separate bureau within the Department of Highway Safety and Motor Vehicles. As tough as Florida's standards are, there are at least two weak links. Inspection is the first. There are still some Florida counties where local inspectors choose not to inspect setups. This is not the case in Okeechobee. County inspectors check every MH installation twice, once at the tie -down stage and again in a final inspection after skirting is installed. The final inspection is required for a Certificate of Occupancy and electricity turn -on. County inspectors have heen trained by state DHSMV experts in MI I installation methods. Another weak link is Florida's lack of standards for homes installed before 1999. ]'here is a tie -down retrofit subsidy program for land -lease communities, but no money has found its way to Okeechobee parks according to Mr. Vetwey. There is a requirement that insurance companies verify that installations meet current requirements before writing wind policies, but even so, only about 10 percent of Florida's 900,000 manufactured homes meet state installation standards." In Okeechobee, only about 709 of the county's manufactured homes meet the latest installation standards. An additional gap in state installation regulations is their silence about how multi -section homes are assembled (and multi -section homes amounted to 82 percent of 2003 sales). I mproper assembly is a major source of problems and is currently a hot topic with manufactured housing officials at IIUD's Washington headquarters. in :tilarch 1999, florid, implemented installation standards for tu:itiuIacturcd homes "vhich are arn()ng the toughest in the natii�n. In summary, the landmark dates in the evolution of Florida's manufactured }rousing are: ® Pre-1976: though individual well -maintained units may be attractive and comfortable, these homes are functionally obsolete, and pose unacceptable safety risks for year-round occupancy. ® 1976-1993: steady improvements in quality and amenities during this period, but homes are vulnerable to high winds. Obsolete installation standards during this period dictate installation retrofit for safety and stability. 9 1994-onward: homes meet the latest HUD wind -resistance standards. 6 1999-onward: homes meet latest Florida installation standards, which are state -of -the art except for their silence on close-up of multi -section units. Llomes built and installed after 1999 appear to have withstood Charley's category 4 winds successfully. The table shows where Okeechobee's manufactured homes fall in these various categories. I ousing Needs Assessment for Okeechobee County - Richard Genz - F (ou�im, ('^' CoNvpunay Fnsiyiv - Page 64 Okeechobee Manufactured Housinsr by VPar Ri,itt Real Estate - Pre-1976 1976-1993 1994-1998 or Personal - (Pre IIUD (Pre HUD (Pre FL 1999 and Total MH Property code) wind strict install later standards) standards Real estate 1,912_ _ _2,83-1 517 _570 5,83-3 Personal est. 760 1,064 266 139 2,171 Total * r� 2 672 — -- 3,898 ---- 783 _ 7(l9 8,004 -- oU number or personal property homes (2,171 as of Mar 2000) is derived by subtracting real estate homes on the tax rolls as of early 2000 (5,459) from Census 2000 total MFI units, 7,630. Age data is estimated for personal property MH based on lriown age of real estate MFI, and assuming personal property is somewhat older. The figures above reflect estimates of the age of all MH, including- those that are vacant or occupied seasonally. About one-fourth of the county's year-round occapied manufactured homes were built before the HUD code, some -1,466 units (including both real and personal property units)-55 Flow meaningful are post-1994 I I[ -JD wind standards and post-1999 Florida installation standards? Solid information will emerge from research on the performance of HUD -code homes that rnet the latest constnaction and installation standards in hard-hit areas. An early im,estigation of 33 NIL1 parks in Charlotte and Lee counties resulted in a report to the Florida Bureau of Mobile Home and RV Construction in August 2004. It states that homes built since 1994 "performed (without exception) admirably." The same report states that "homes installed since our rule change in NI-irch 1999 showed no movement whatsoever." It notes lhat att;ic_hnnents to ne"v and Old homes, such "is carports rand additions, performed 1)(Mrly. 1 Ionics built before the I IUD code did not perform well, and those built to I WD standards in the 70's and 80's "fared somewhat better.i56 I visited Punta Gorda in September 2004 to see how the new standards performed. Parks of old homes suffered severe damage. Homes in Ventura Lakes, a 260-unit park of high -end, post-1999 homes adjacent to the Charlotte County Airport, performed well. I saw no wall failures. Park management told me that only two homes had lost roof decking, and that wind speeds well over 140 mph had been recorded at the nearby airport. Septic Systems on Small MH Lots Many of the MH units on die east side of Taylor Creek are on lots as small as Yz acre, with septic systems. John Burton of the county health department oversees septic systems. Ile says system failures have not yet been a problem, partly because many units have received weekend or seasonal use only for many years. He considers sewer extension to prevent "cluster failures" of multiple septic systems in the area as a "moderate -to -high priority." Cade Enforcement Minimum Housing Code The county has a minimum housing code that sets quality standards for existing housing units. Beginning in mid-2004, the code is enforced by three code enforcement officers who I lousing Needs Assessment for Okeechobee County - Richard Genz - Hounng & Conulwrrily' Iu5z 0i[ -Page 65 actively monitor conditions in their designated territories. if the officers spot problems on the exterior of a home, such as trash and debris or broken windows, they then inspect the entire structure inside and out. Compliance with county code violation write-ups has been good. About 75 percent of owners comply based on the write-up; another 15 percent comply after a hearing. On the non -complying 10 percent, a lien is placed against the property so the home is brought into compliance upon sale or foreclosures' 3'o date there has been no inspection of tie -downs on existing manufactured homes in the county. A stale -sponsored inspection of older mobile homes in the Orlando area revealed that 75 percent were improperly tied downs' The primary goal of the county's new proactive housing code enforcement is io clean up the appearance of the county, according to county administrator George Long. Enforcement officers put top priority on monitoring debris and unsightly conditions Along the major thoroughfares that are visible to all who enter the county. "We're trying to make this county attractive, as part of our economic development strategry. Life -safety and health issues are an important part of it, too, but after decades of mobile homes and make -do housing construction, this county needs much more than code enforcement," Long said. "We need major resources for housing rehabilitation." Licensing Fa!rnitworker Housing Migr;tnt tArmwo>rker hoUsing is sonic tit the c(_ntnty's ,vorst-quality stock. As local implementer of the state's Migrant Labor Camp program, the health department issues operating permits for migrant worker facilities housing five or more workers in one unit. The department inspects each unit and its water/sewer system for compliance with state Chapter 641, 14 regulations. A total of26 facilities were licensed at the end of the spring 2004 work season, including some large mobile home parks. 1 lowever, by October, 10 facilities, mostly manufactured home parks including the "100-unit Azteca Park, had converted to family housing. Kathy Shorter at the health department said feedback from owners indicated that management and code compliance were more trouble than they were worth. As the ball 2005 work season begins, the county licenses 1135 units in 16 migrant housing facilities. Fees range from $125 to $500 depending on the number of units in the licensed facility. As required by the state, each facility is inspected at least twice per quarter during the work season. The health department does some cruising of the county to identify unlicensed facilities, but on the whole county enforcement of licensing requirements for farmworker units amounts to "voluntary compliance," according to tN4s. Shorter. Additions to 1l H: (Bray Area of Code Enforcement In Florida, 78 percent of h'II-I have rooms, porches, carports, or garages attached." Many of these attachments have been built improperly so that they place a load on the HUD -code structure and take the home out of code compliance. The state's preliminary investigation of Hurricane Charley's impact revealed that almost all Ml I accessory structures suffered major damage in the storm. Another problem is when improperly installed additions increase wind I lousing Needs Assessment for Okeechobee Count}' - Richard Gent - f 10x'7179 Page 66 loads on the 1 IUD -code structure. Okeechobee Building Inspector Verwey told me that the county stopped issuing building permits for MII additions in 2000. Because local inspectors are not trained to evaluate HUD code structures, regulating additions is a gray area of code enforcement which has important safety impact. The gray area also comes into play when a IIUD-code structure suffers structural damage and has to be repaired. Smart homeowners will hire an engineer with FIUD code knowledge to approve specifications for additions or repairs. hire safety of ranufactured homes has increased dramatically in newer homes. From 1994 tl-irough 1999, the incidence of fires per 1,000 housing units was substantially lower for manufactured and mobile homes than for other one- and two-family dwellings." As of 1999, the fire death rate per 1,000 housing units was the same for manufactured and mobile homes as for all other dwellings. Fires in homes built after the HUD code are much more likely to be confined to the room of origin than in pre -I -IUD -code homes.' The National Fire Prevention Association reports that manufactured home Fires and deaths have declined by more than ballsince 1980, a rate of decline comparable to that for other dwellings.62 I Lousing Needs Assessment for Okeechobee County - Richard Genz - llorrmii & C.oi2rmitfzity Insight -Page 6% Counter's Housing in Racial/Ethnic Perspective Housing problems exist for huger proportions of minority households than for Wlines in the county. We will first examine housing problems for minority households county -wide. Then we will analyze housing problems in small areas, known as "block groups," where a high proportion ofBlack and F[ispanic households live. Ownership Rate While more than four out of Eve white, non-Hispani(: households own their homes; among blacks and i (ispanics the proportion is closer to one-half. Ownership Rate by Race/Ethnicity Ownership rate \X7111te not Hispanic 80.1% Black 54.8% 18 I°%° - Housing without Plumbing or Kitchen AI)out -1 out ul 100 'ltiic.iu rin�cric:ui households l,jrk plumbing or kitchens in their lu�njes. Smaller proporlio tis ()f I lispanics and V`i%bites lack_ diem. No data is av;ril,aldc l)v race/cthnicity <)It households without beat_ Homes without Plumbing Percent of race/ethnic Without plumbing Number group households - Y I �13back 21 3.6°/� nic White -Its �l {- �8j 0 6% Homes without Kitchen Without kitchen Number Percent Black �25 - 43`/o j Ilispantc te - 46 0 4`% Crowding Crowding was a severe problem in the first part of the twentieth century but began declining during the 1940s, as houses grew in size and families became smaller. But during the 1980s, as itnmigr;jtion levels rose following the p;-tssage of the Immigration Reform and Control Housing Needs Asxe ,sruent for Okeechobee County - Richard Cenz - Ilouring ,, ( ,mmrngy Lr�zgL�t page 68 • • Act, overcrowding stopped its four -decade decline and began to increase. The increase has been concentrated in certain states where the reversal was especially dramatic, such as California and New York. MUD defines a home as crowded when there is more than one occupant per room. Today, the United States has almost reached the same number of crowded households as it had in the 1940s and the number is still rising. In 2000, 6.1 million American households or sip; percent --were considered crowded, a 21 percent increase since 1990. Of these crowded households, half are severely crowded, a 53 percent increase since 1990. Severe overcrowding is defined as more than 1.5 occupants per room. A Fannie, Mae Foundation study found that the counties with the highest percentage of severely crowded households tended to have large immigrant populations. Crowded -I Tomes, by Race/Ethnicit of Ho_useholde_r More than one occupant per room Number, Percent Black - 15.2�4> Hispanic 624 4160/'o White 537 5 2% In Okeechobee County, more than one hispanic household (of any race) out of four is severely overcrowded. The proportion is about equal for owners and renters. Severely Overcrowded Units, Hispanic Householder by "Tenure - - --- more than 1.5 Persons _per roof❑ l IIH)-1-1nic owners-- - 26.Vo I hs )anic renters 24.5°% All Hispanic householders 25 g�;, Many black renter households are severely overcrowded, but no owner households are. Severelv Overcrowded I Jnitc_ Africa" A„-4- more than 1..5 persons per room_ Black owners Black renters All Black householders 6—% Almost no wliite households are severely overcrowded. Severely Overcrowded Units_ White FTnncPhnlrlvr h.,'r— —.- more than 1.5 persons per room White owners 0.7% White renters All White householders 1.4(�/0 Housing Needs Assessment for Okeechobee County- Richard Lenz - f larInq e� Corrununiy Insi�bt - Page 69 Countywide, almost 5 percent of all households are severely overcrowded; most of these are renters. Severely Overcrowded Units, All Okeechobee Households, by Tenure more than 1.5 persons per room Owners 2.8% Renters 9.8° o All households White renters have a higher incidence of cost burden than Hispanics and Blacks in the county. Blacks have the lowest incidence of cost burden, but a large majority of Blacks who are cost -burdened are severely burdened. Severe cost burden of 50 percent or more, which Puts a household at risk of homelessness, is almost equally common among black and white renters, at 18+ percent of all renters. More than one-third of Hispanic households are cost - burdened, but fewer than half of these are paying more than 40 percent of income for rent. Percent of Renters Cost Burdened, by Race/Ethnicity Rent as - - -- — - 1 of 30+% 35-39% 40-49% 50+% Gross Income 1 27 10%/, lihd' 2-15°�o �yy'lrire -fl`I L 32.01110 18211) Housing Problems in Block Groups with Nigh Proportion of Minority Population Defining Block Groups with High Proportion of Minority Population A block group is the smallest geographic unit for which the Census Bureau tabulates sample data. Okeechobee County's nineteen block groups had populations ranging from 4W 1 to 4,080 in 2000. For this assessment, block groups where minority population is 10 percentage points higher than in the county as a whole are considered to have lugh proportions of minority households. For I lispaiucs, the threshold is 29 percent of population; for African Americans, 18 percent. Looking at Okeechobee's population through this lens reveals that the county's large I lispanic population is dispersed widely throughout the county. There are no block groups in which the Hispanic population is 29 percent or more. Hispanic population amounts to 26 percent of the total in the area between Fagle Bay Drive and Seventh Avenue, south of I Iighway 70 (block group 2, tract 9900). } iousing Needs Assessment for Okeechobee County - Ricdiard Genz - Ilou.vq & COMmr;nuy 11!47 111 l';rge 70 • Three block groups have high proportions of African Americans. The three adjacent block groups are between Parrot Avenue and Highway 70 in the northeast quadrant of the city of Okeechobee. On the map below, they are tract 9901/1 in the upper right corner, and tract 9903/2-3 between N. Parrot and I Iighway 70. Many units are overcrowded in these neighborhoods. A few units have no bleat, and renter cost burden is a problem. Housing Needs Assessment for Okeechobee County Richard Genz - Housing ln.r gbi - Page 71 Housing Conditions in Okeechobee Neighborhoods with High Proportion of Minority Population Block'Group/Tract 1/9901 2/9903 3/9903 African American population 810 441 182 African American % of total population 20o//' 100% 22`Yo in block groin---- - _ - - Owner rate, African American IIII N/Al 69.9% 66.2% Total owner renter households 621/296 109/47 269/66 No kitchen, `io total units 2.6% 0 0 0 No plumbing, % total units No heat, % total units 2.W/o 5.80/1) Rent cost burden 30°'o+, °,o of all renters 38.4% 25.5°/o 63.6% Rent cost burden 50°4)1 io of all renters 30.9% 75,,i,o 242°io 25.50/o 5).3„ .;n Owner cost burden 30%+, % of all 5.8oio owners _ -%fore than 1 occu ant er room, °�o ofall pp 145°l0 12.8°%0 63.6°/0 renter I IH store than 1.5 occupants I,rr morn, ;o of 1 All renter 1111 More than I occupant per room io of all 3 10 0 7 1° o owner I III I More than 1.5 occupants per room, °'o of U , 4.b0i„o all owner H1-i -'Overall ownership rate is 67.7`io. Only 33 African American households are accounted for in Census ownership statistics for the block group, an apparent error. Very high renter cost burdens and crowded unit percentages were re -checked for accuracy. Source for all tables this section: Calculations of Census 2000 SF-3 by housing & Community Insight. I lousing Needs Assessment for Okeechobee County - Richard Genz -I c15,C om>rrarngy bt.right - Page 72 F rmworker Housing An entire shady could be devoted to the complicated challenge of how to meet Okeechobee migrant and seasonal farmworker needs for decent housing affordable on very low incomes. This assessment will set out the basic terms and the latest estimates of farmworker demographics, with a few strategy recommendations drawn from those who work closely with farmworkers. In a September 2004 report, the Shimberg Center at the University of Ulorida estimates that there are about 2,300 farmworkers living in the county.63 These 2,300 workers comprise about 15 percent of the county's total employed population. Total population living in Okeechobee's farmworker households was estimated at 3,351. In Okeechobee, there are an estimated 1,541 farmworkers who are not accompanied by any family members. "T'here are about 774 workers accompanied by family, and living in some 517 households. (Many households have more than one farmworker.) The following tables present the details on farmworker population in Okeechobee and nearby counties: IF'arinworkers in Okeechobee and Nearby Counties, 2002 County - f Percentage of'State's Unaccom- p:mied Lhraccgm- panied Total Unaccom- Accoro-' panied Accom-' panied Iotal Accom- Total Farr- Tgtal Farm - Dann Migrant Seasonal Migrant Seasonal Labor Workers Workers panied Workers Workers \X'orlters panied Workers workers worker Ilouse- hspendi- hold toles Members Okeechobee 1.7% 1,078 _462 1,541 253 521 774 2,315 3,351 I lighlands_ 1 Oo 0 2 505 1,07-1 3,579 588 1,211 1_,799 5,378 7,786 Martin _ 2.0% 1,231 528 1,759 289 595 884 2,642 3,825_ St. Lucie - 2.2o'o 1,351 579 1,930 317 _653 970 2,899 4,197 Palm Beach _ 9_3% 5 866 2 515 8,381 1,376 2 836 4,212 12,592 18,229 .wurcc. t-tuverstry or rionaa Jmmberg Center September 2-004 Accompanied farmworker Households in Okeechobee and Nearby Counties, 2002 County Accompanied Migrant Worker Households Accompanied Seasonal Worker Households- Total Accompanied Worker Okeechobee _ 136 381 517 Iii hlands _ —316 884 1,200 Martin 155 _ 434 590 St. Lucie 170 477 647 Pal l"I) Peach 740 2,070 2,810 JOnTCe: Untverstty of Hortda Shimberg Center September 2004 Housing Needs Assessment for Okeechohee Counry - Richard Getlz - 110u.rin,9 & Camzrrzmizy Inregbt - Page 73 The farmworker population and its housing needs are diverse. IIere are the basic categories of the farmworker population, and housing issues unique to each one. Category of Worker and Definition Seasonal farmworker: "An individual whose principal employment [51 percent of timed is in agriculture on a seasonal basis, who has been so employed within the last twenty-four months." (US Migrant FIealth Program) Migrant farmworker meets the seasonal farmworker definition but "establishes for the purposes of such employment a temporary abode" in Okeechobee and at other work site... (US Migrant FIealth Program) tJnaccompanied farmworker lives in the county alone, although might have spouse in Nlexic.o or other country of origin. Accompanied farmworker has raised the money and negotiated the legal process to bring a spouse, and sometimes children, into the US. The reunion usually happens after several year,., of living in Okeechobee as an unaccompanied worker. Issue Because seasonal farmworkers often work for nine or more months per year in the greater Okeechobee region and supplement agricultural work with other income in the off season, they are in a position to settle into the Okeechobee community if decent housing is affordable to them. Periodic migration to distant agricultural or other employment causes housing vacancies during Okeechobee's off-season. Workers face the choice of breaking the lease on their Okeechobee residence and losing it, or paying rent for an Okeechobee unit they will not occupy for several months. Privately owned mobile homes and trailers commonly house unaccompanied workers in very poor conditions. Some barracks -style facilities exist, but these are also bad solutions according to farmworkers and housing advocates. Other options 'ire motel, d��rrrritory or aV11_t1ncnt units. \Vorl.ers acc<impanicd by a spousc hilt n< children may continue to live in motels or low-cost apartments. With children, a single- family rental house is the right beginning, but homeownership should be the goal. Okeechobee Nonprofit IIousing specializes in promoting homeownership for farmworker families on this part_ of the continuum. Undocumented status prevents many seasonal and migrant farmworkers from occupying subsidized liousing, including Okeechobee's two subsidized apartment complexes. I-lowever, Okeechobee's lack of Section 8 vouchers and scarcity of subsidized housing makes documentation a non -issue for most workers seeking rentals, since waiting lists for the county's few subsidized units are years long. In Okeechobee, advocate Sister Elinor Sevigny reports code enforcement efforts by the health department have resulted in closure of several licensed migrant labor camps, typically trailer parks of old mobile homes. Code enforcement was easier to accomplish when substandard and dilapidated homes were concentrated in these camps. Since no alternative housing has been produced, and farmworker demand has remained steady, the result has been that farmworkers have crowded into scattered -site single-Eatrlily units, body site -built and manufactured. "The I Tousing Needs As�essinent ft,r Okeechobee County - Richard Genz I lousing c-'- Colmwunily Inigbi - page 74 overcrowded, substandard conditions continue to exist in large numbers, but the problems are now less visible and code enforcement has become less stringent. Drank Williamson, a longtime citrus grower in the county, confirmed that the four -month off-season gap in a farrnworker's income over the course of a year is a key problem in devising housing solutions. "If workers had 12 months of income, housing problems would have worked themselves out many years ago," he said. On the positive side, Mr. Williamson emphasized the strong work ethic of farmworkers and their determination to persist for years with minimal comforts in an attempt to bring their families into the US and climb into the middle class. Some obsersers interviewed for this study commented that unaccompanied men living alone and working; long hours, for a few years, may not care much about substandard housing conditions. However a recent University of Florida research study including farmworker interviews emphasized that "all stakeholder groups concurred that the most important things are that housing be structurally sound, clean, safe, and healthy." The study quoted one farmworker as follows: "I thought it would be better here than in Mexico, but I was wrong. The material used to construct houses is better in Mexico. The houses here are full of creatures, like cockroaches. yY hen I first carve t lived in a trailer. When we moved to Pierson [FI.1, there was no place to rent. Everyone I knew said they had the same experience. For five years, housing was a very bad experience."ea I"or accomp;mied workers seeking to become homeowners, documentation becomes an important issue. f"annte 1\he, Freddie Mac, and Ginnie Mae, the secondary mort�,ap rnarl:el (1,, not pltrchase morWages made h) undocurncnted immigrants. 13a111<s can legally lend to undocumented people, but in general they must hold loans in portfolio, and most lenders strictly limit the quantity of non -saleable mortgages they are willing to accurnuiate. Another problern is that many undocumented people do not have accounts with financial service institutions that enable them to build the credit history that portfolio lenders must analyze to approve a mortgage. On this front there are solutions available. Afore and more institutions are accepting the consular identity card known as a r=h1?C7&i card. 'Thousands of Texas bank accounts have been opened using the-vatrinuki. The IRS Individual Taxpayer Identification number also helps lenders approve mortgage applications from otherwise undocumented immigrants, by giving lenders access to an IRS tally of the loan applicant's earnings.65 Housuig Needs ,Assessment for Okeechobee County- Richard Genz - Houenag e� Co�rrmuirz�� Irreroht - page 75 Housing Programs in Okeechobee County Overview The cournty's existing housing programs are tightly focused on particular segments of housing need, such as first-time homebuyers (SHIP) and tarmworkers (ONPI 1). A comprehensive housing initiative has yet to emerge. The Affordable Housing Advisory Committee is taking steps to understand and address the county's housing needs as a whole. The following section summarizes briefly the individual housing activities underway. Okeechobee Nonprofit Housing Okeechobee Nonprofit I lousing (ONPI 1) has operated in the county since 1988. The organization is incorporated as a nonprofit corporation under section of 501(c)(3) of the federal tax code. It is recognized by HUD as a Community Housing Development Organization, or CIIDO. CIIDM O's must meet UD requirements for grassroots representation on the board of directors. They are eligible for a set -aside of funds frorrl the federal I IOM1' block grant program. ONPI I built its first eight units in 1990-1991. Single-family Domes "vere built for 526 1wr squ�rre tc,t nd sr>ld for just S40,000 thanks to the efforts of a local builder- who kept ��>ts oa and Pt-011t to ,I minimum. Barnett Bank supported the prr,ject with bel,)w-rnat-kct into rest rate I��an, and C>keecbr;bec N I' housing contributed sott second mortgage hinds. ONPI I has supported Sister 1?linor Sevigny's homeownership promotion work among farmworkers in Okeechobee. Sister Elinor says 100 homeowners have resulted from the org,-1111zation's facilitation. Sister Elinor uses her real estate license, knowledge of Spanish, and connections with local lenders and homeowners to connect upwardly mobile farmworkers with appropriate housing and loans. This program requires no subsidy, since Sister Elinor is supported by the Catholic Church and can provide her services without cost when necessary. There has only been one foreclosure since the program beg -,in - 'I'll e org�mization received a IIOME grant of $975,000 to construct 15 single-fanuly rental units in the El 'Mirasol/Dewberry area. Harbor Federal provided a $225,000 market rate loin and Okeechobee N-P housing donated sites. HOMF1 program assistance came with restrictions th,rt have proven to be difficult to work with in the local rental market. S All non -US citizen occupants must be documented (all household members) ® I IOUSChOldS earning less than 50 percent of median income pay $6438/month including utilities ® Households earning less than 60 percent of median income pay $529/rnonth including utilities ® 1-Iouseholds must spend no more than 30 percent of income for rent, including utilities I lousing Needs Assessment for Okeechobee County - Richard Genz - Rousing & Covmnureuy /rrsi�bt -page 76 The 30 percent limitation means that to afford the 50 percent of median rent of $438, a household must earn at least $17,520. Only households with three or more members can meet that minimum income test. Households of three must fall within a narrow band ($17,520 to $19,450) or they will exceed the maximum income test. To afford the 60 percent of median rent of $529, a household must earn at least $21,160. Only households with three or more members can meet that minimum income test. Households of three must fall within a narrow band ($21,160 to $23,340) or they will exceed the maximum income test. For both income levels, in practice it will primarily be families of four or more that constitute a viable market for these rental units. Rent levels for these new, single-family, CBS structures are far below market rates. However, occupancy of HOME -assisted rentals requires tenants to provide documentation and also to limit the number of residents who can share the unit. Even though competing housing options such as mobile home rentals are riot as desirable and cost substantially more, some households prefer to stay away from government assistance altogether. There are some mismatches between HOME fund regulations and the economics of the Latino households who are prime candidates for this housing developed by ONPH. Some workers in the I ,anno community make low wages but work very long hours, as on dairy farms where they work twelve hour shifts. This can push incomes over the maximum and reduce the number of renters eligible for the program. In some households, teenage or college -age children, or siblings, have income that must be counted toward lhousehold income under 11011\11? regulations. It would seem that a concentrated marketing campaign oriented to families of 4 or more members, including paid advertising, could make these rental units a success story. The market is there. Okeechobee Community Improvement Association The Okeechobee Community Improvement Association began as a cleanup program with a focus on the Douglas Park neighborhood. The organization has an all -volunteer staff. It is moving beyond cleanup with plans to use Community Development Block Grant ((,DBG) funds to demolish vacant houses and prepare eight lots for construction of homes which would be priced to qualify for SHIP assistance. The group also wants to program CDBG funds to create a second access point for the neighborhood. Affordable mousing Advisory Committee For almost ten years the county's Affordable Housing Advisory Committee has overseen the county's SHIP program planning. The Committee was instrumental in advocating for preparation of housing needs assessment, which it sees as the basis for a county affordable housing strategy and attracting funding for affordable housing. tlousing Needs Assessment for Okeechobee County Richard C;enz Holimi C_omijerrrrity ln�zghl -Page 77 In February 2003, the committee voted to recornmend to the County Commissioners that the county enter into a formal partnership with an established nonprofit housing organization or a local housing authority. The committee has also researched the formation of an Okeechobee Housing Authority or other vehicle for bringing Section 8 Housing Choice Vouchers into the county. Continuum of Care/Mission Outreach A new organization has formed to fulfill the IWD mandate for a "continuum of care" to address the needs of homeless. Replacing the Treasure Coast Homeless Services Council (Louise Hubbard) in this role will be Ms. Penny Phillippi, Director of the Florida. Ilear land Rural Consortium hased in Sebring (863-102-6925)_ Ms. I lubbard is familiar with the profile of people homeless and at -risk of homelessness in Okeechobee. The definition of homelessness in a rural county does not often fit the urban image of a person camping in the open or sleeping under a bridge. Although slie reports there are some people in that situation in Okeechobee County, more common are situations like single adults and families who wind up being the ninth or tenth occupants of a two - bedroom mobile home in an age 55+ park, where eviction could happen at any time. She estimates that there may he up to 200 single adults in such situations. In addition, i Iubbard reports that working poor households with children comprise about_ one-third of the homeless or those at -risk. Families are commonly among those who seek help from organizations like Mission Outreach in the county, led by Bruce Swinford. 11any homeless or at risk people migrate to oastal areas where nu>rc° services :trid slicIter-s arc av�itl:thlc. ;according to tits. IIuhbard, the neAv Consortium in Sebring antld apl>Iv Ior a small anu;unt OF funding, about $28,000, from the state for homeless services. A point in -tune survey of homelessness is an important part of any application. Kristen Barker of New Ilorizons, a mental health substance abuse service -provider in Fort Pierce, serves Okeechobee County as a caseworker. Most of her agency's clients have set -IOUs, persistent mental illness and are receiving Medicaid assistance. V[s. Barker says Okeechobee has no housing facilities for these individuals, or for those needing supportive housing while recovering from substance ahuse. Unless family support and housing is availahle, people with these special needs have to leave the county to try to Find the living environments they need. Okeechobee Senior Services Okeechobee Senior Services arranges in -home health care For 38 senior households. Forty are on the waiting list. There is one assisted living facility in the county. Dunklin has 20 beds, and will be expanding to 50 beds. The facility is Medicaid -approved and rents arc $1500 per month. OSS case manager Janet McKenna reports there are also two market -rate assisted living facilities with rents at .about $2000 per month. Both are full, with waiting lists. In 1VIs. 1McKenna's view, the urgent need for seniors in the county is for duality rental housing. "W(' I lowtag Needs Assessment for Okeechobee County - RichArd Lenz - Iloujiq & CCif,mwongy tn) q- Page 78 need to help people move out of old mobile homes into good rental units where they're not so isolated," she said. 1,134 Okeechobee seniors (19.3%) have difficulty going outside the home without assistance. Persons Experiencing Difficulty Going Outside Nome Alone, Okeechobee County -�� ef- --- Number of Persons i 6-64 1,519 65 f - - 1,134 Total 2,653 — - Source: Census 2000 Table P-41. Excludes persons in institutions like nursing homes. A general indication of the need for supportive housing among non -institutionalized Okeechobee seniors is the number who have a self care disability, which was 407 in 2000. This arnounts to about 7 percent of the senior population over 65. Self -care disability is any condition making it difficult to dress, bathe, or get around inside the home. Incdlantown Non --Profit Housing and Community Development Corporation IndGlntUWn Non Profit I lousing (INPI1) was cst�ihlish(,d in 1979. It is the only nonprofit group building l(),.v incc)rnc honsitig in Martin County, and has responded to requests to operate in Pilm Beach, Martin, and St. Lucie counties. The organization won a I\Iaxwell Award from Fannie Mae for its Booker Park in -fill single-family farmworker project in the early 1990's. INPI-I has assisted Okeechobee Nonprofit I lousing in developing its I I01\IL; assisted single-family rental units, and has provided some technical advice to the county's I lousing Advisory Committee. Donna Carman, executive director, says she is ready and willing to partner with Okeechobee County if her organization's development capacity can be of assistance. Like other nonprofit developers the organization uses a wide array of government financing programs, including Rural Development and ITOMF funds. Indiantown constructed and manages three multifamily developments housing 150 families. It also is building 44 three - and four-bedroorn affordable for -sale homes and redeveloping a mixed -use project of affordable rental apartrrients and a grocery store. Indiantown won a national award from Fannie Mae in the early nineties for its 8-unit Booker Park infill project consisting of new single-family units for migrant farmworkers in Indiantown. INP 1 has not yet used low income housing tax credits in rental development. It has used USDA Section -515 funds with accompanying rental assistance for its projects to date, along with FIOME funds to minimize debt costs. INPII provides a six hour lhomebuyer education training program. Housing Needs Assessment for Okr. echobee County - Richard Lenz -I Ioumlig L- ConelnW lity hrn�ht - Page 79 How County Policies and regulations effect Housing Land Use Regulation Background In 197-1, the county adopted a zoning code. it was too late to prevent a haphazard development mix of mobile and site -built homes in the urbanized area, but the county has succeeded well in concentrating development in the southern part of the county. Ninety percent of the county's land has been preserved as undeveloped agricultural land. The future Lind use plan continues this pattern of concentrating development in the south while recognizing 11 rural activity centers where low -density residential development is accommodated. Manufactured Tiousing is Tightly Ref, -,elated ving agricultural character, the present land use regulations are very In addition to preser strong on controlling HUD -code manufactured housing. Recently the City of Okeechobee revised its manufactured housing regulations to conform to the county's in most respects. "]'hose rcgul<A!i(�ns are described in the tanufactured housing section of this assessrnctit. i'hi�v imp�r.,c important used I1111)-code units that mzrV he instilled, and ,1Iso regular(• the design :rnd appear;urce of new homes. 'I hose control, benefit both the county and homebuyers. "I'he regulations that impose 15 and 30 acre minirYnims on new DTI I parks and subdivisions have the effect Of discouraging such developments. This policy is entirely understandable given the county's very heavy reliance on this particular form of housing, but the county's goals could be better achieved with even more attention to design standards, incentives for construction quality upgrades, and consumer education. County Has No Sites for Multifamily Housing A major problem is the absence of multifamily zoning- in the county. G110e this may be rooted in the vision of preserving the County 's rural character, the unavailability of multifamily housing in Okeechobee County has undoubtedly played a role in driving both renters and owners to manufactured housing as the only affordable alternative. Although up to 18 units per acre are permitted in the large area zoned urban residential mixed use, a zone change is required. Zone changes for very small multifamily buildings have been approved without controversy, but larger -scale projects almost invariably provoke opposition frorn neighbors. Multifamily construction can bring down the cost of ownership units and make, them competitive with higli-end manufactured homes. Even more importantly, multifamily construction is badly needed to increase the stock of quality rentals in the county. The "not in my backyard" syndrome is just as strong in Okeechobee as elsewhere, and tine several developers it for this assessineutwere unanimous in saying that the absence of sites zoned l�)r multifamily construction is a major obstacle to I Iousing Needs Assessment for Okeechobee County - Richard Genz - flouszq v Co.,1vrninzty Imi hi page 80 developing rental or townhouse units in the county. The housing element of the county's comprehensive plan lays out the goal of "provid[ing] adequate sites for low and moderate income housing based on projections and demand for such housing." Designating well - located land for multifamily housing would be a straightforward and effective way to meet this goal. Fligh-density residential development would be especially useful on the east side of the county, where it could contribute to the county's integration with the coastal county economy. Multifamily zoning there could also support the county's economic development efforts by attracting businesses wishing to relocate to Okeechobee near the I-95 corridor. City of Okeechobee The city has zoned land for multifamily housing to a maximum of 10 units per acre. There are about 44 acres of RAW-10 land vacant in the city, according to consulting planner Jim LaRue's rough estimate. The city offers a 20 percent density bonus for housing affordable to "lower income families," enabling developers to build one extra unit per acre in RSFA and RSF-2 zones. The provision has not been used during the past six years. City council is empowered to reduce or eliminate fees and charges for affordable housing developments initiated by government agencies, and nonprofit or limited profit organizations. Subdivision Regulations The cminrv's engineering standards were updated in 1992. Underground utilities, sidew;tllcs, and curb uit(r ci)nsiruChon ;Ire espenstve Items otten required In counties east but not In Okeedr�,bee.°`�s Iand gists increase, curl -glitter systems may become more cost effectivc: than drainage systems that require wider rights -of way. Infrastructure Sewer and Water Subdivision developmen twill be constrained by d1e capacity of the County's sewage treatment plant. The plant is at about 90 percent of capacity. The Okeechobee Utility Authority estimates the plant can service expected growth through approximately May — November 2005. The possibility of a development moratorium has been disc, issed, but county administrator George Long does not foresee the need for it. He says sewer capacity expansion is county government's top priority, and a $589,000 contract has been signed for system design. I lookup tees are $1,500 per unit for water and $3,000 per unit for wastewater. Water and sewer is available throughout the urbanized area in south Okeechobee County. Extending lines to service new subdivisions is the responsibility of the developer. To date no major extensions have been funded by developers. I tousior Nceds Assessinent for Okeechobee Comity Richard Geiiz - IIoujzrrp & Colwzir.<urzty In zght Rage 81 Septic systems are feasible on lots as small as '12 acre, dependaig on soil conditions. In some areas around the lake, muck makes septic systems impractical. Well water is widely used outside the urbanized area. Transportation Highway 70 four -laving has been in the works for many years and is not expected to happen for at least another 5-7 years. To date, traffic congestion has not been an issue for subdivision approval. Timely, Predictable Permitting Several builders and developers interviewed said that permittingwas reasonably timely and predictable. Some gave the City the edge for clarity of procedures and For heirng somewhat more developer -friendly. hrorn the First due diligence examination to final approval, an experienced budder said a 25- unit subdivision takes about one year to process. Property Taxes and Fees "faxes in Okeechobee County arc relatively tow, at 8 mills. Inside the city, au additional 7.1 mills arc levied. 7'hc large number oflowvalued mobile/marwlacturcd lhorncs reduces the tax base, but the county's landlill generates revenue by serving coastal coc.rntie Impact Fees were first discussed by county officials in 1996. With the rccent surge in construction activity, a consensus has developed to impose impact fees, and in 2004 the county is preparing to contract for a study to set fee levels. Okeechobee's Mousing flan The Housing Element of the county's comprehensive plan was last revisited in 1995. Some of the initiatives die docurnetit calls for include: ® Periodic workshop to address housing needs and opportunities in Okeechobee County ® Review regulation and permitting processes to maximize private sector participation in meeting housing needs ® Identify and eliminate substandard housing, including replacing/demolishing 20 units per year ® Planned unit development and cluster development ® Density bonuses or tax incentives to encourage provision oFaffordable housirig by the private sector }Mousing Needs As�essmcnt for Okeechobee County -Richard Genz Flotr�zrt; C;Y C_otrunarufly In�zgf�l -page �2 Recommended. Strategies Strategy: Promote Development of Affordable Rental Housing Development of new rental housing is a major need, to address existing cost burden and improve the quality of rental stock. The county needs to invite rental development by creating a clear path for developers, and by attracting subsidy. Action: Re -zone land for multifamily housing At present there is no land outside the city of Okeechobee that is zoned for multifamily housing Although land can be rezoned, and small parcels are readily being rezoned, when a project of I5 or more units is proposed, NiNIBY obstacles mount_ From a housing developer's perspective, having to begin the already -complex process of developing affordable rental housing with a zone change and a public hearing is anything but inviting. The county should take the initiative to re -zone land for multifamily housing ']'his is admittedly a bold proposition because it means the county takes the heat, sending a strong signal to developers that Okeechobee wants to promote development of multifamily housing. Action: Compete for limited Section 8 Vouchers for people with disabilities )kccchobee Cot_inty does not benefit from the major icderEl rent subsidy program the Section S voucher program. Section 8 1 lousing Clmice \ otichers ,Ire so named bCCaUSe the program enables low-income renters to choose privately owned rental housing anywhere in a community, so long as the market rent is below IIUD's m11_xlmun1 ($508 for a MR, including utilities in 2004). Voucher holders generally pay a maximum of 30 percent of household income, although new riles enable localities to increase the tenant contribution in order to serve more households. I -IUD pays landlords the difference between the tenant's payment and the actual rent including utilities. Section 8 vouchers are available to households earning less than 80 percent of median ($34,550 for a four -person household in 2004) . Although Section 8 is often considered a program to subsidize existing units, it can be critical for new rental development. The costs of land and construction in many markets are out of proportion with local renter incomes. Even when other subsidies are used in the development, such as rental tax credits and subsidized second mortgages, the resulting rents may still exceed what qualifying low income tenants can afford. Section 8 Voucher funding is provided by I -IUD on a competitive basis. Bringing Section 8 to Okeechobee County would require demonstrating administrative capacity to operate the program. The county could create that capacity, or partner with an existing organization, probably one that already manages it. t-lousing Needs Assessment for OLeechobee County - Richard Genz - ftouszi,g c'� ln,q'ghl- Page 83 According to Karen Cato -"Turner in HUD's Miami office, the county could file an application to administer the Section 8 voucher program using any of the following administrative mechanistns: A local housing authority (Note: the idea of forming a local housing authority is discussed in the final recommendation of this assessment.) * An office of county government ® A non-profit organization Once an administrative approach is decided, there remains a major obstacle: 1IUD is not accepting applications for new vouchers, except to benefit people with disabilities. Disabilities include physical, mental, or emotional impairments that substantially impede a head of household or spouse from living independently. The program is called Mainstream Housing- Opportunities for Persons with Disabilities.66 1n FY 2004, HUD offered a tiny 11.8 million (320 vouchers) for competitors nationwide. Except for this pool of vouchers, at present there is no opportunity For Okeechobee to bring Section 8 to the county. At a minimum, by competing for the limited vouchers available for people with disabilities, the aOrrnty will position itself to win vouchers when and if HUD expands the program in the future. Section 8 is such a hasic housing resource that the county needs to be involved on whatever scale is available, Action: Seek Rural Housing Service dental assistance Tlw USDA'S' PurA I lousi,ig Sct-vicc (10 IS) provides inc��n�e t��nanrr;, but rent:d assistance front Rl 1S is tied to specific aparunenls that arc financed at least partially by either the Section 515 Rural Rental 1 tons jig Program or the Section 514 Farm Labor I lousing Program. The rental assistance itself is part of the Section 521 program. A combination of 515 and 521 support is providing the county's only subsidized rental housing at the Tanglewood and Okeechobee Commons projects. Greg Caruthers, the agency's director for Okeechobee and 14 other counties in the West Palm Beach area office, expects that some $3 million in 1 percent mortgage funds from Section 515 and another $3 trillion in farm labor housing funds will be available statewide in the next funding round. Funds are made available for competitive applications in November every year.67 Some funds are set aside for developments sponsored by nonprofits. Although RHS mortgage financing itself is a relatively minor subsidy to a rental project, since each project typically receives only a few hundred dlousand dollars of funding, the real benefit to developers is the availability of rental assistance. Caruthers says that rental projects financed partially by 515 or 514 mortgages commonly receive rental assistance commitments for 70 percent of the units in the project. Like Section 8 vouchers, RI IS rental assistance makes up the difference between 30 percent of renter income and the full market rent, including utilities_ Very low income households earning less than 50 percent of median income get priority For rental assistance ($21,600 for a household of four in 2004). The county should work closely with dle RI IS West Palm N ach office to calculate which development orgrznizations the county could partner \60h, and what incentives tile county Rousing Needs Assessment for Okeechobee County - Richard Genz i tOwv+ g & Community In_�zght- Page 84 could offer, to be competitive for RHS 515 financing and 521 rental assistance funding to the county. Action: Coinpete for rental -related HOME hinds The Florida Housing finance Corporation manages a competitive funding process for federal HOME Investment Partnership block grant funds. Local governments sometimes use HOME funds to provide rental assistance, on the Section 8 voucher model, for up to two years. This is known as 'Tenant -Based Rental Assistance, or TI3RA. For at least the 2005 funding round, [,FII,C will devote all competitive HONII_? funds to hurricane -related housing rehab. In October 2004 the agency was still working on a funding formula that would send HOME money to counties depending on the estimated hurricane damage in each county. Another common use for HOME funds is below -market rate and/or deferred payment second mortgage funding to increase the financial feasibility of rental housing development. TOME funds for rental project second mortgages are allocated as part of the agency's "universal application" for rental tax credits, depending on how a particular project scores on a variety of measures. The county should partner with nonprofit or for -profit developers to seek HON4F funds for rental assistance and/or for low -interest rental project financing. Action: Partner with nonprofits to develop Section 202 supportive horsing for the elderly HUD's Section 202 program provides funding to nonprofit organizations for development and operation of senior housing. It is currently 11UD's largest rental construction program, but relative to the needs it is a small program that funds only about 5,800 new units per year. The 202 program makes capital grants to reduce construction costs and also provides rental assistance to enable projects to reach very low income seniors. Pre -development funds are also available to help nonprofits with feasibility analysis, site control, and project planning. Many projects get funding for service coordinators who help seniors both in the project and in the neighborhood to access needed services. Although senior housing typically gains local approval more readily than family housing, Okeechobee has experienced NINTBY for senior rental housing proposals. There are two obstacles that could provide opponents of a Section 202 project with ammunition: Because apartments are owned by nonprofits and are not syndicated, they do not pay local property taxes ® HUD's cost controls on 202 structures tend to force developers to skimp on design and produce buildings that may have a "project" look Housing Needs Assessment liar Okeechobee County - Richard Gene - Hou.,zug c�r Cornrnunily inji bt -page 8$ These problems are not insurmountable. The loss of tax revenue can be explained as the county's contribution to a needed facility. Additional subsidy from HOME could contribute to more attractive design features. Action: Revive Okeechobee 111 Okeechobee does not have any rental projects subsidized by tax credits. Okeechobee has a significant advantage in attracting tax -credit subsidized apartments. For 2004, HUD has designated the county as one of 30 nonmetropoll tail counties that are "difficult development areas" (DDA). Projects in these counties can receive up to 30 percent more competitively -assigned tux credits under the Florida Housing Finance Corporation's allocation plan. FI IFC reserves 10 percent of the state's total tax credit allocation for use in small counties. Federal law requires that 10 percent of credits be set -aside for projects sponsored by nonprofit developers. Tax credit projects sponsored by nonprofits do pay property taxes to local jurisdictions. The county and the city of Okeechobee have an immediate opportunity to revive the Okeechobee It expansion of Okeechobee Commons. This project has already won the blessing of F] IFC, including tax credit allocation in the 2002 funding round, and a subsidized $1 million second mortgage [turn the agency's Sadowski Act-Iended S,y11, program. :Mtliough the Heritage Company executive responsible for Okcecho�hee II stated In a pli�,uc interview that the project did not l t-c-ccd duce to 1]orida I lousing I�inar;cc Corporati,ti concers about weak demand, acid the abscnec of Seciiun 8 voucfu�r th nwis appear, not to he the case. Jane Dixon, housing Credits Manager at F1 IFC, confirmed that the project was rejected due to the FUl FC board's lack of confidence that Heritage could successfully complete Okeechobee 11. Heritage was having "numerous problems" with agency -funded rental projects, and the problems came to a head in 2003, Ms. Dixon said. A copy of the FIIFC market study was obtained for this assessment via Freedom of Information Act request. It projected that the market of income -qualified tenants was such that "absorption is expected to average 15 to 18 units per month, resulting in a 3 to 35 month absorption period to achieve a 95 percent occupancy level. Absorption could be higher during the first few months after opening." The study also reported that "it is likely that the 22 units with rents at 50 percent of area median household income will be leased before completion." The site is ,ilready zoned for multifamily housing, and reportedly there was no neighborhood opposition to the 50-unit expansion, -which included 40 units set aside for elderly households. Rents were to be affordable to households from $15,100 to $19,450 (one - person to three -person households). The county :and the city could approach developers who have been successful in the current round of V1 IFC tax credit allocation, and are in good standing with the agency. Pinnacle, Carlisle, Gatehouse,a and CED are exmples of F[ Ii"C:-experienced development firms that ttousiug Needs Assessment for Okeechohee County - Richard Gene - Iloarsirzg d� Co�nmunzty Lztznfit Page �S6 could be approached. The availability of a properly zoned site and FIIFC's prior approval of a tax credit project should definitely interest developers. Strategy: Improve Farmworker Housing The county could identify potential sponsors and seek out funding from two programs of government subsidized housing that provide housing specifically for Florida farrnworkers: US Department of Agriculture Section 514 and 516 housing for farmworker families. Florida has 3,822 units of Section 514/516 housing. There are none in Okeechobee County. Florida Housing Finance Corporation -assisted farmworker family developments using SAIL, I TOME, and tax credits. FHFC has allocated or approved funding for 1,743 units of farmworker housing, including 365 of the units also receiving Section 514/516 funding."' Competition for these limited resources will be very keen. Subsidy programs require at least one resident to be a legal immigrant, ruling out a large part of the market. Market -based solutions supported by progressive county action on code enforcement and high -density land use regulation would avoid both of these problems. Aggressive code enforcement to eliminate substandard farmworker housing should be combined with corresponding efforts to create acceptable substitute housing. A creative approach from county government would introduce flexible standards for the replacement housing-. A basic challenge in housing migrant ,vorkcrs is to keep costs low enough so that a $160-$200/month rep-eenue stream h)rlust 8 tuonths out of the yearsutftces to cover construction and maintemtnce c()sts. :N'ttintenauce is a large expense given the wear -and tear involved in housing groups of unaccompanied men. Sister F?linor Sevigny, who has extensive experience with the county's farmworker community, thinks unaccompanied workers would choose to live in small, low- cost KOA-style cabins if such housing were available on the market. She envisions a compound of simple units where workers live 3-4 to a cabin. If an ownership stake were devised for the workers, they would have an incentive to care for the housing. A recent study that included extensive interviews of farrnworkers, growers, local officials, and housing providers found that barracks -style housing was not favored. Dormitory, motel, or apartment -style housing was preferred for unaccompanied workers."'.A different opinion was expressed by Kathy Shorter, who handles worker camp licensing for the Okeechobee health department. 1VIs. Shorter says drat of all the licensed facilities she sees, the plan that best meets workers' needs is known as Willard Mays, a barracks -style accommodation that houses 60 workers in 2 bedroom units, with a separate outside bathhouse. A model farm -worker housing project exists in Homestead's Everglades village. Key elements of the 382-unit worker -managed project include: • A mix of units from 2-BR duplexes to 5 BR S/F homes • Rents from about $375-$4251 subsidized by USDA so that tenants pay no more than 30 percent of income (average tenant income $12,000) Housing Nce(s Assessment for Okeechobee County Richard Genz - FTmf ng & Goiziminity h)nghi- Page 87 ® h�Iiami-Dade County contribution of 51 million m USDA funding of $38 million ® Month -to -month leases and tight management m Incremental development over the years, beginning as a 400-unit, county operated, dilapidated trailer park; now consists of 450 homes with 1,800 residents Okeechobee's high -density mobile home parks could present an opportunity Cor farmworker housing because high density reduces unit costs. A park could be purchased by a consortium including growers, the county, and farrnworkers. Replacement of old units witli safe, late -model, professionally inspected used or repossessed units could provide decent units for as little as $20-$25 per square foot. An alternative would be to preserve the high density of an TMH park while converting the park into a site -built neighborhood with low cost, safe, basic homes. Owner -built units might be possible with good management of the project (as in the RHS 532 owner builder program). For many workers accompanied by their spouses, homeownership is the right strategy. financing is a key challenge. It is not illegal to lend to undocumented aliens, but mortgage lenders must innovate to control risks and identify handing sources. A county partnership with local lenders could generate portfolio loan programs that avoid legal restrictions of the secondary mortgage market. Workers may be difficult to qualify for loans both because of income/crcdit constraints and legal status. The Mortgage Guaranty Insurance Corporation (:1IG IC) has just begun a pilot Mortgage insurance program to serve farmworkers. C, IIISLlmer credit counseling organiz;ttions have developed experience in building; t1trtnworkcr credit histories >tnd bxnkin relationships. Self 1 1elpa , st.rtt�wide development credit union in Dtjrh:ini NC, li.ts experience with mortgage lending, t�:)r undocumented aliens and could he consulted informally by Okeechobee lenders. Strategy: Education Promoting affordable housing is about more than bricks and mortar. Ilouseholds need preparation in order to meet the market Unqualified, would he buyers and renters with poor credit may remain locked out of even the most affordable units. I [omeowners who view a home or manufactured home simply as shelter may overlook wealth -building possibilities that are essential to the long-term prosperity of their families. Consumer education about housing benefits lenders by reducing loan delinquencies and defaults. Lenders often prefer to deliver education through partnerships with governments and non -profits. Another dimension oChousing education is community -wide information about the nature and role of affordable housing in building a diverse, viable community. Action: Tape steps to pre-enlpt NIMBY Public receptivity to basic Dousing, including rental housing, is a crucial resource. 11 the people of Okeechobee Countt, remain open to tine creation of modest rental and ownership Howing Nmis Assessment for Okeechobee County - Richard Gene - 11011.41z bl.q'h! - Page 89 units, resources and developer energy will flow to the county. If, on the other hand, d-le county develops a reputation as a "not in my backyard" community, resources and developer energy for affordable housing will go elsewhere. Informational campaigns such as the successful one mounted in the State of Maine to support a housing bond issue can be organized around the concept that "working families need affordable housing." The county's website, media events, posters and billboards, and the words of public officials should all be used to promote the basic concept that working families need affordable housing. Examples of attractively designed, well -managed affordable housing projects can be used to overcome resistance. Good design should be emphasized in the project approval process too. In conjunction with the school district, an educational campaign about housing costs and worker incomes could be incorporated in public schools. Action: To prevent NIMBY (not -in -my -back -yard) disputes from polarizing, consider using mediation Mediation has been effective in some thorny affordable housing disputes. In Connecticut, mediators successfully guided municipalities to an agreement on their individual targets for producing a minimum "fair -share" of affordable housing units. The county could offer to fund the services of a professional mediator to resolve differences between neighbors and would-be affordable housing developers, before issues reach a contii�nrltiontl point before the Planning Board. A Request for Proposals could be issued bV the countV, and project(s) could be selected for medial=ion funding. One criterion might be the number of parties already actively participating in the proposal. There are lirnits to dais approach. Experts in mediating land use disputes acknowledge that if protesting neighbors are unwilling or embarrassed to place their genuine concerns on the table for resolution, the mediator's tools may not work. As one report noted, "prejudices masquerading as concerns" need to be exposed for what they are. 'I'liinking bigger, the county could support a legal strategy at the state level. Three years ago Florida amended its lair Housing Act to prohibit discrimination in the permitting of development based on the source of financing, for example, low income housing tax credits or tax-exempt bonds. In a test of the ordinance, a developer in Oldsmar settled a $10 million lawsuit- out-oE court with the City. Action: ProNride an ongoing buyer education and counseling program Buyer education is a proven, low-cost initiative to facilitate the move from renting to ownership. Buyers who complete a 6-8 hour in -person training program gain access to a wider array of financing programs. Research by Freddie Mac has proven a solid relationship between classroom training and loan performance. In Okeechobee, it would make sense to supplement the usual curriculum materials with information about buying a I- IUD -code manufactured home. The author of this assessment recently completed a curriculum for the Florida Department of Community Affairs (supervised by Mr. Marcus IIepburn at DCA). Mousing Needs Assessment for Okeechobee County - Richard Genz - lhju.nng Ems' CO3I)v roily lnsixhl - Page 89 Okeechobee does not have to reinvent the wheel to offer a buyer education program. Many counties are funding home buyer education provided by Consumer Credit Counseling Service (CCCS). Workshops are offered in English and Spanish. Each class lasts six hours; some sessions are all day on a Saturday, and others are broken into two 3-hour sessions. Attendance in central Florida has typically been about 100. High attendance is driven by county and municipal requirements for buyer education in their financial assistance programs, such as a SHIP or ITOPNIF Tying buyer education to special financing develops momentum for the training. CCCS says word-of-mouth referrals, fueled by subsidized financing availability, arc the most effective publicity for the classes. Also productive are lender referrals and newspaper advertising. Information about classes is posted on bulletin boards at major employers, too. The West Palm Beach chapter of CCCS is prepared to deliver 6-hour training progams in Okeechobee County for a fee of $1000 per session. The organization is collaboratingwith Fort Pierce Housing Authority on hon-lebuyer education. CCCS organizes speakers including representatives from lenders, real estate agencies, etc. Richard Clements is the contact person (561-515-2323). CCCS in West Palm Beach offers Free one-on-one credit counseling, and often works with clients over the telephone on a regular basis for up to 1-2 years. Strategy: Ownership !f-lousing Production Action: Increase lase of F11A 203(b) financing for manufactured !lousing Although 64 F1 IA loans Financed new and existing home purchases in Okeechobee during FY 2004, none of these loans Financed manuEactured housing. Because Florida instillation standards qualify as a permanent foundation under I'1IA Atlanta office guidelines,7) the MIA loan program is a valuable resource for Okeechobee -t%1II buyers. Once a home is Financed by FHA, future buyers can also use FHA, which contributes to higher resale value. The program can be used for single -wide and double -wide MH built after "1976 and placed on the owner's land, not on leased land. MH retailers need new sources of financing in the wake of the collapse of the personal - property financing industry. They could be partners. Action: Activate the USDA Rural Housing Service 502 Guaranteed Loan Prograin The RI IS 502 Guaranteed Loan Prograrn offers important benefits to middle -income Okeechobee buyers (up to $66,150 for a family of four). • No downpaymcnt, "i 00% -+- loan -to -value ratio • No private mortgage insurance • Market interest rates • Low paperwork, private lender origination • Ample guarantee autluority means loan Funds are always availabtc f rousing Needs Assessment for Okeechobee County- Richard Genz - t I mwn,� &Comnuurzly ]n,�, - Page 90 • 19 Loans are saleable to secondary market agencies including Fannie Mae During VY 2004, lenders originated only 6 Section 502 loans in the county. There is a real opportunity to expand this program and give homebuyers a useful financing choice. Action: Provide information and financial support for owners of pre-1976 manufactured Homes to enable them to upgrade to late -model units. Pre-1976 homes were built prior to the IIUD code. Quality has improved steadily since the code was enacted, although it still varies widely. Upgrading all pre-1976 homes to post-1994 units installed to current Florida standards will address a ma)or deficiency in the county's housing stock. Some buyers may need information about home quality as much or more than they need financial support. Replacement units should meet existing county desig7-i standards to promote equity -building. Strategy: Improve the Condition of the Housing Stock Action: Offer rehab loan financing to address limited "aesthetic" improvements as well as code problems in owner -occupied and rental properties. The county's present SEIIP program plan calls for $80,000 in low -interest housing rehab loans for the 2005-06 period. I Iowever, because the program is strictly limited to repairing code violations, it has been difficult to put this money to use. The High percentage of manulactiired housing, �,vhich by statute may not be assisted with S111P, is partly to blame. But clearly there is enough substandard site -built housing in the count% to mafce the rehab loan ail important program. Some proportion ()[-the funds, say 40 percent, should be allowed for carpeting, painting, cabinetry, and similar items that update and improve homes, and provide homeowners with an incentive to also repair code violations. Action: Apply for MI-1 rehab, replacement, or park re -development funding from Corporation for Enterprise Development The Corporation for Enterprise Development, a Washington DC based foundation, is preparing to request proposals for funding IIUD-code manufactured housing development initiatives. Re -development: of aging MH communities will probably be one of the focus areas. Another is development of model _N1H subdivisions. The program is set to begin in the first part of 2005. Mr. David Buccholz is the contact person. Action: Work with local lenders to desig"i a rehab program for HUD -code manufactured homes. Manufactured home owners could benefit from equity -line financing- for home improvements. Even if lenders cap combined loan -to -value ratio of the first and second mortgage at 80 percent, many Okeechobee MH owners could qualify for a $5,000 to $10,000 equity line for improvements to their units. The county could consider partnering with lenders by pre-screening applicants and facilitate marketing. Another option would be for the county to develop a loan guarantee fund to facilitate private lending for N11-1 I lousing Needs Assessment for Okeechobee County - Richard Genz - 11ox)-mg & Conrr11U)11 ty hisi�hl - Page 91 improvernent. The Austin (Texas) Housing Finance Corporation created a $250,000 reserve Fund to cover any rehab loan losses. This was sufficient incentive, along with the mayor's leadership, to induce nine Austin banks to agree to lend $25 million at prune, for 20 years, for rehab of 1-4 unit homes. The combined loan to value maximum was 95 percent. The city agency agreed to handle loan administration, including four draws from escrow during rehab completion. Action: Promote use of home equity conversion mortgages for seniors Cash -poor, house -rich seniors often allow home maintenance to slide because their monthly cash flow leaves no room for maintenance or home improvement. Equity conversion mortgages enable house -rich homeowners to receive annuity payments for as long as they live. The amount paid is an interest -bearing, federally insured loan secured by the residence. The loans are insured by F1IX and are formally known as Home Equity Conversion Nfortpl`ages (} IECIt). Single or doublesectionmanufactured homes on the owner's private land are eligible, if they arc certified to meet current Florida installation standards. �tilarketing equity conversion is a specialized undertaking. Consumer Credit Counseling in West Palm I3each has expertise in explaining how the program works to seniors. As Okeechobee home values continue to rise, the program could improve housing and quality of life for the count y's seniors. Action: Inspect and certify rental units i\ change in utility bruin(", h)r rental units could trig�),er �u county inspection W ensure tlr,tt renlal properties rlteet the minimum housing co(Ie. Utilities omld not I)c turned on without county approval for occupancy. Over time tills would increase the quality of the rental stock. This admittedly controversial step could also be applied to ownership housing that changes hands. In the current strong real estate market_, many sellers are realizing sufficient gains that they could afford to pay for basic code improvements. Action: Consider a rehab sub -code Requiring rehabilitations of older homes to conform to the standards of brand new construction can be counterproductive. AX[bile it holds out a high standard, this conventional approach may in fact lead to lower -quality housing. I-hgh costs imposed by the new construction standard prevent rehab jobs from ever taking place. A major HUD report, Baniets to the 1�ebahi&ation ofrlfforelahle lIouj7'11� (I,istokin) has recognized this issue. In one response, the state of New)ersey has implemented a sub -code for rehab. Action: Promote favorable personal property financing for replacement of MM units in parks and on private land One of die county's top housing priorities should be to upgrade as many pre-1994 IiUD- code homes as possible, beginning with pre-1970 homes as first priority. Origen Financial and possibly other (firms are offering special final tcing for owners whose homes were damaged or destroyed by 2004 hurricanes. I lomeowners may obtain financing for new I lousing Needs Assessment for Okeechobee County Rlrtlard (,enz - 1 lou,zarg c:�Omvltumay hailght Page 92 homes with no downpayment, on leased land, at the rates of 8.75 percent for a multi -section and 9.75 percent for a single -section. For double -section homes on private land, Fannie Mae buys loans from selected lenders that have met quality control standards. FYIA insures loans on single- and double -section homes. Working with local lenders and I IUD -code home retailers, the county should promote the availability Of these low-cost loan programs to encourage existing NIH owners to upgrade to post-1994 units that meet county design standards. Action: Eliminate the existing "gray area" of code enforcement for additions to HUD -code manufactured homes A majority of HUD -code homes have site -built additions. The county's code compliance office got out of the business of issuing permits for such additions about four years ago, according to the compliance director Mr. Verwey. Construction of these struchrres is now unregulated. It is important that code enforcement be extended to cover additions. Improperly installed additions can take a home out of corpliance with FIUD code. As the hurricanes showed, additions are highly vulnerable to wind damage and then become projectile hazards. Action: Develop county incentives to encourage buyers to purchase Wind Zone 3 FIUD-code homes for placement in Okeechobee. Wind Zone ? is the miminum lot- Okeechobee. Retailers report that some (wise) buyers are already upgr,,:ding to Wind Gone 3 construction, rated to resist 115 mph. (;iv,en the popularity of 1 IUD -code homes, the county could encourage consumers to opt for this critical upgrade, "vhich will also contribute to the longevity and resale value of the MI I. I loolmp fees for individual buyers could be reduced or waived. For MI I subdivision developers, density could be increased or permit fees reduced. Action: Apply for state assistance to retrofit and upgrade pre-1999 MH installations in MH parks. Since 1999, state funds have been available on a competitive basis to install or replace tie - down hardware on manufactured homes in communities. $2.8 million was available in Fiscal year 2004. The program's formal name is the Residential Construction Mitigation Program. Action: Investigate special assessments for code repairs At present the county'-, recourse in case a property owner fails to snake mandated code repairs is a tak lien. A special assessment affirmatively requiring the landlord to pay for repairs would be a more effective tool. The county should investigate the possibility of charging such an assessment. Action: Increase staffing for pro -active code enforcement To complement financing initiatives that tnake it easier for homeowners and landlords to upgrade homes, tyre county should consider increasing patrolling code enforcement officers. (lousing Needs Assessment for Okeechobee County - Richard Lenz - Hounllg �, Co�nnruutty lrt.rtoh! - Page 93 Their present strategy focuses on improving the appearance of the county. With more staffing, the county could go deeper and address the large number of units particularly manufactured homes, that need to be upgraded or replaced. Action: Activate HUD's Section 203(k) purchase/rehab program HUD's 203(k) loan program makes it possible for home purchasers, current owner - occupants, or nonprofit developers (but not investors) to purchase and/or rehabilitate a 14 unit home with very small cash investment (about 5 percent for purchasers; less for existing owners). There is paperwork involved, and it would be important for the county to provide some administrative support to private lenders to facilitate the program. Action: Maintain strict regulation of installation of HUD -code and modular units. The county should continue to exercise great care in inspecting and approving die installation of HUD -code and modular units. Counties in Florida vary widely in enforcing their responsibilities in this respect, but Okeechobee's inspectors are thorough according to -,t]1 N414 market participants interviewed. The county should consider advocating with Phil I3ergelt of the state DHSMV to persuade 1-IUD to expand MIT installation standards to include local inspection of the way multi -section units are joined at the site (close up). ILLA) is developing new regulations on this matter during fallwinter2004-05. Strategy: Modify Regulations, Programs, and Policies t`tctiota: Utse nztiltifamily zoning to promote homeownership The county has very few multifamily ownership units. Oak Park Villas is one example. Construction costs are lower with shared wall construction, and so are land costs per unit. The county needs more high -quality ownership units, and multifunily ownership units can deliver more quality per dollar than detached single -family homes. Multifamily condos or town homes would add needed diversification to the county's housing stock, and could compete effectively with the top end of the FIUD-code market. Action: Provide affordable housing density bonus A density bonus rewards developers for targeting low-income buyers or renters. The City or Okeechobee offers a 20 percent density increase for such projects. The provision has not been used in recent years, if ever. A bonus of 50 percent should get builders' attention, especially it coupled with an outreach campaign from the county that makes it clear affordable housing is desired by county officials. Density bonuses for affordable housing arc referenced as a possible initiative in the housing element of the county's comprehensive plan. Housing Needs Assessment for Okeechobec Couut}, - Richard Genz - 110 1, n9 & ConeimrniCy In,zghz - page 94 • • Action: Reduce utility hookup fees for affordable housing units The county and Okeechobee Utility Authority could collaborate to reduce or eliminate utility hookup fees for newly built units at prices and rents affordable to, say, households at SO percent of median or less. Action: Identify county -owned land for affordable housing development The COMM could donate, or sell at a reduced rate, land it owns or buys for affordable housing development, either rental or ownership. Local governments elsewhere have used government -owned land as the basis for issuing to developers a competitive request for proposals to create affordable units. The local government is able to select the winning project based on affordability, and quality of design. Some have chosen to cap resale prices on ownership units developed in this way, creating a long-term stock of affordable units. Action: Review 30-acre minimum for MH subdivisions meeting design standards The purpose for the 30-acre rninitnurn for manufactured biome subdivisions is not clear. A well -executed HUD -code subdivision meeting the county's existing design standards would be compatible with site-huilt homes, as demonstrated by Seminole Cove subdivision west of highway 441, north of the lake. Manufactured housing that is designed for compatibly with site -built units have been permitted in all residential districts in California for over 20 years, and the MIT units have in effect "disappeared" into the housing stock. Allowing SUbdlVISlonS Of such homes to be built near site -built neighborhoods would lielp to) ensure that M l I wuners could experience home equity accumulation over time. Segregating vvell- designed manut;lctr�red housirrg perpetuates tile stigma that reduces iti11 I property values. hor example in the Raleigh -Durham NC triangle, Pulte Homes, a large conventional homebuilder, chose to use MUD -code homes in a 1996 subdivision of 72 units. Most units had attached garages and design features similar to those required by Okeechobee's planning ordinance. An analysis of 39 pairs of resales involving 29 homes showed that value increase in the subdivision closely tracked site -built home appreciation in the larger market. Action: Consider inclusionary zoning Inclusionary zoning takes the momentum of a hot construction market and channels some potential profits to low-income buyers and renters, in order to maintain housing suitable for a wide range of incomes in the community. It is specifically permitted by Florida statutes (Sec. 125.01055 and 166.0415). Mandatory inclusionary zoning means that any housing development must automatically include some proportion of affordable units in order to be approved. In a strong housing market, such a requirement need not discourage housing development; it becomes a cost of doing business in a particular location. In Florida, the only major- cite to have adopted inclusionary zoning as of 2002 was Tallahassee. Its ordinance allowed builders to pay a fee to opt out of the affordable housing requirement. Nineteen of the first twenty builders applying for permits after enactment of the ordinance chose this route, raising some housing funds for Leon County but essentially thwarting the attempt to stimulate creation of mixed -income neighborhoods. Housing Needs As for Okeechobee County - Richard Genz - Ilouriteg e:�' Co�mnwaty Injz�bt - page 95 Inclusionary zoning is designed to include a range of housing types, sizes, and/or prices in a single development. Advantages of Inclusionary zoning: ® Reduces economic segregation by dispersing affordable units into market -rate projects v Promotes decentralized production of affordable housing; in effect, units are delivered via partnership program with any housing developer • Proven results and widespread use, including some beginnings in North Carolina Inclusionary zones can be mandatory or voluntary. Set -aside requirements range from 5 to 25 percent. Often there is a tradeoff in which the developer provides the kinds of units desired by the local government in exchange for higher density. Usually there are long-term price or rent controls imposed on the units as well." P,xample: -Montgomery County. Mar ly and There is a good reason why INlontgomery County is so well-known for its illusionary program. It was First (originated in 1974), and as of 2000 the program had generated over 10,781 units priced or rented at rates affordable to households at 65 percent of the area median income. Most programs nationwide "can trace some aspect of their inclusionary zoning ordinances to the Montgomery County program."'2 Key features of :Montgomery's program: a Prom 12.5 to l :) percent (�t untt; ur a project must be scl aside for buvers ()r renters pe,-cent ()l inedLiti. ie:<anipl.c:, $33,500 k)r one person, $52,000 tor live;! Developers receive a density bonus of up to 22 percent depending on The actual percentage of affordable units in the development m Mandatory program s ,'applies to rental or ownership developments of 50 units or more ® Ownership developments with lots larger than one acre exempted ® Owner units designated affordable must remain so for 10 years; rentals, 20 years • Owner unit resale price regulated by deed restriction o Provisions for developers to buy out of the program have rarely been used • Of the nearly eleven thousand affordable units produced, only 3,805 remain subject to formal affordability restrictions example: Davidson North Carolina Davidson NC, population (pop. 7,100 but growing fast) recently amended its zoning ordinances to require new housing developments to price one -eighth (12.5 percent) of units at levels affordable to households at 80 percent of the median income. Of iliose, 30 percent must be affordable to households at 60 percent of median income. Planning Director Warrcn Burgess says the ordinance applies to all projects over 7 units. Burgess reports that four projects including over one thousand units have been approved by the town. A single projectwill develop 900 units, ofwhich 112will be set aside as affordable. I Lousing Needs Assessment for Okeechobee County - Richard Gent - Jforsb& C.oimrriuWD' Page 96 0 for a 30-year period as provided by deed restrictions. The smallest of the approved projects will develop a total of about 30 units each. Davidson offers developers no "opt -out" provision for payment of a fee in lieu of creating affordable units. Affordable units must be dispersed throughout the development. 1000 Friends of Florida Research on Inclusionary Zoning Jairme Ross, affordable housing director for 1000 Friends of Florida, won an award from Fannie Mae in 2004 that will fund her to perform one year of research on inclusionary zoning ordinances around the country. Action: Organize an ongoing county housing initiative As noted it) the section on Okeechobee's housing programs, the county has several initiatives underway which target specific housing needs. But there is no one organization or department that attempts to focus on county housing needs in an integrated, ongoing fashion. The Affordable Housing Advisory Committee is taking a comprehensive view of Okeechobee's housing, but it has no staff and is not in a position to manage housing programs. Step one is for the county to decide whether it wants to systematically commit resources to irnprove housint; opportunities and altorilability, ran an ongoing basis. if the political will exists for the mission, an organicttional structure Should be developed to accomplish it. One organizational model is to create a semi -autonomous local housing- entity with independent authority to finance and/or develop housing, or receive federal housing funds. Two kinds of such organizations can be formed: a local housing authority, or a local housing finance agency. I talked with Anne Lockwood Williamson at the University of Florida, who recently completed a study of housing authorities statewide.73 Based on my discussion with her about the powers and funding access of housing authorities in the state, I see no compelling reason for Okeechobee County to create a housing authority. Housing- authorities deliver two core housing resources: publicly owned rental units, i.e. public hor.ising units; and Section 8 vouchers. MUD is not funding new public housing units, and housing authorities do not get preferential access to the very limited Section 8 funding that is available. The county would need to satisfy I IUD about the administrative capacity of any entity, whether it be a housing authority, department of county government, or a non- profit. Experienced housing authorities do sometimes undertake more entrepreneurial housing finance and development activities. Some develop I IUD Section 202 subsidized rental housing for the elderly and disabled, tax credit apartments, or ownership housing. But a Housing Needs Assessment for Okeechohee County - Richard Genz - Housirrb c Coneinuniiy Ijrszgbt -Page 97 nonprofit housing development organization is a simpler and more flexible tool For pursuing these opportunities. Alternatively, Okeechobee could partner with a housing authority that has development expertise. HUD's Linda Lindstrom recommended Mr. Gleicester Brooks, director of the Fort Pierce Iousing Authority, as a potential partner. Some housing authorities finance housing by issuing tax-exempt revenue bonds, but IF the county wants to take the initiative to expand financing options, it should first develop a working relationship with Florida Housing Finance Corporation. r1t present the F1 I FC is having trouble using all of its authorized bonding capacity. In contrast to a local housing authority, a local housingfinance agency is an organization that could bring many of the capacities of Florida Housing Finance Corporation to the local level. The Housing Finance Authority of Palm Beach County is an example. It issues tax- exempt single-family and multi -Family mortgage revenue bonds. Bond proceeds are used by apartment developers and first-time homebuyers. However, because bond issuances have large transaction costs, it is very unlikely that Okeechobee County would want to issuf1 bonds on its own. A partnership with other counties (like Fscambia) on a bond issue could make sense, if and when F1-IFC has insufficient capacity to meet the county's financing needs. In summary, neither the housing authority nor the local housing finance agency option appears to fit the county's organizational needs in the event that it launches an ongoing housing initiative. In my view, if the county does decide to (o>rmahze a housing initiative, it w(luld make sense to assign coordination of ille initiative to a department of county government, p()ssibly planning),. A county stall rnembcr could serve as 11"using 1)(,11Y :urd progrmn director. The stall person could be charged with evaluating any substantive Changes in county land use policy and ill rastructure policy from a housing perspective with a kind of "housing impact statement." Other roles would include attracting subsidized financing, monitoring and analyzing housing data over time, liaison with nonprofit and private developers for specific projects, and ensuring that housing initiative activities are coherent and complement one another. In addition, local capacity to deliver housing and housing -related services should be developed and supported. The county could consider systematically building the capacity of one or two broadly focused nonprofit housing organizations. A nonprofit housing group is a mission -driven organization that otherwise replicates the skills and knowledge found in a private housing development company. It develops housing that is financially viable, but for various reasons is unattractive to companies that are purely profit -driven. frequently such projects involve. "layered financing" from multiple government programs, each with its own set of riles_ The organization(s) should have housing t=inance and development expertise; be able to provide buyer education; understand housing rehab; be willing and able to engage the special issues surrounding manufactured housing; and be skilled at assembling financial packages from many sources. Finally, the ongoing housing initiative would need to develop a practical strategy to attract private developers who are qualified to deliver high quality affordable housing. This network of 1) government commitment, staff expertise and policy support; 2) nonprofit housing development, finance, and education; and 3) private sector partnership h<.rs Housing Needs Assessment for Okeechobee County - RR hard (;enz f Louring C' Cozvwunio Insight Page 99 produced results in many other locations. The Florida Housing Coalition is in effect a trade organization whose members come from all three sectors of the affordable housing industry, and the Coalition could support development of such a network in Okeechobee County. Housing Needs Assessment for Okeechobee County - Richard Genz - f lou.k n� Glinirtranity hrszght -Page 99 Endn®tes 1 Univ. of Florida BEBR ' Okeechobee County Comprehensive Plan, page 1-2. 3 Census 2000 Table P-28. a Office of Federal Housing Enterprise Oversight Repeat Sales Index. As described by OFHEO, "The use of repeat transactions on the same physical property units helps to control for differences in the quality of the houses comprising the sample used for statistical estimation. For this reason the House Price Index is described as a "constant quality" house price index." s Palm Beach County considers incentives for builders of affordable housing. South Florida Sun -Sentinel, August 25, 2004. ° Housing Element of SRPP, Treasure Coast Regional Planning Council, 1995, p. 2-13. Projections from Florida Long -Tenn Economic Forecast 2002, Bureau of Economic and Business Research, University of Florida. 8 Livability and ,,Iffordability: Open Sfrace 1'reservaiion and Land Supply. Linda E. Hollis, AICP with Douglas R. Porter and Paul S. Tischlet The Growth Management Institute Chevy Chase, MD June 2000. BEBR long -tern forecast for Okeechobee County, from ITTorida Long -Term Economic Torecast 002 p. 255. 10 For $310 million, as rnanY as 50, 000 neiv jobs. Palm Beach Post, October 10, 2003. 11 .Scripps rna-v move site of Palm Beach C'oarnt_y research facility. Economic Council of Palm Beach County Inc. September 23, 2004. 1, Rates not seasonally adjusted. 13 Bureau of Economic and Business Research, University of Florida. The average wage is a weighted average calculated as follows: total wages divided by total number of jobs. Housing budget is based on 30 percent of income. the standard guideline used by federal housing programs and mortgage underwriters. Censns 2000 Table 1-146. In 2000 (here were 5A; 1 married -couple families with at least one eulploticd member. 1' Census 2000 Table P15. 17 Census 2000 Table DP-3. sAverage wage earners can't afford home. Palm Beach Post, March 12, 2004, 19 2003 Florida Price Level Index, 20 Florida Health Insurance study, cited in Florida Rural Health Plan, 2000, 21 Okeechobee County Tax Appraiser data. 22 Census 2000 owner self -valuations. Owner estimates of value have been found to average about 6-8 percent high. 23 Office of Federal Housing Enterprise Oversight Home Price Index. The index uses both sale data and appraisals for refinancing are used to calculate home values. 2 Office of Federal Housing Enterprise Oversight repeat sales home price index. 25 Building Performance: Hurricane !indrew in Florida. FEMA, February 1993. L6 _www.bized.ac.uk. 2' Census 2000 SF-3, Table H79 and Table HCT-6 showing 4,141 owner -occupied MH. 28 Real estate MH in Okeechobee that sold in 2004 had appreciated by a median of 3.8 percent annually since previous sale, as described in the report section on resale housing. 29 Census 2000 Table HCT 14 and Census data on total number of owner -occupied units. 3" Based on calculations of Census 2000 data on the total owner -occupied MH debt outstanding and aggregate home value. Homes with debt outstanding are assumed to be at 50 percent loan -to -value. 31 FMO's accomplishments go beyond land -lease issues to address broad concerns of all manufactured home owners. For a timeline of legislative accomplishments, see: littp://24.129.184.150/fmo/fino homelabout_legislation.asp 32 Shelterforce, Nov. -Dec. 2000, Letter to the Editor from George Allen. "Florida MH community residents enjoy as many, if not more., protections than just about anywhere else in the U.S. and Canada." Housing Needs Assessment for ()kecdio bce County - Richard Genz - I foaazug 6-C.ornreuna ly Inrighl Page 100 33 William Apgar, Harvard Joint Center for Housing Studies, presentation to Neighborhood Reinvestment Corp. conference Atlanta, Feb 2002. 34 Source: Homes by Jolicoeur tabulations of county data. 35 Since implementation of the Florida building code, the planning and development department has emphasized verification of builder cost estimates according to a local builder. 36 Abdigham Hirad and Peter M. Zorn, A Little Knowledge Is a Good Thing-. Empirical Evidence of the Effectiveness of Pre -Purchase Homeownership Counseling. May 22, 2001. http://wmv.fre(ldiemac.coin/corporate/reports/ 37 Source: HUD Atlanta email from Robert J. Reed, 10-13-04. 38 Porter, George. Why Do 1,Ve Need Two Foundations? Online at htt :1P /george- op rter.com/articles,plrp?page=Whv Do We Need Two Foundations.lrtml. 39 Source: Census 2000 1-1-32. 40National Low Income Housing Coalition 2003 Out of Reach. .11 Source: Source Census 2000 H H- 42Source: Shimberg, FI, I Isg Data Clearinghouse and Census C-40 reports. 43 Census 2000 1'able I ICT6 compiled by I ICI; pre-1976 units estimated from data on units built between 1970 and 1979. 41 Census 2000 compiled by I IC1. 45 Prepared by Danter Company, Columbus Ohio. 46 NLIHC Out ofReach. 47 Source: HUD CHAS Compilation of Census 2000. 411 Census 2000, manufactured home data from Census 2000 and Okeechobee County appraiser data. 49 Cited by Wallis, Allan. bt'heel Estate. The Rise and Decline of Wobile Honaes. Oxford University Press 1991 and Johns Hopkins University Press, 1997. P. 213. '0 Hall, John R., Ph.D. Alanzrfactured Home Fires. National Fire Protection Association. May 2003, p. 3 and pp 12-13. 5 1 Factory and.Site-Built Housings A US Department of HUD, Office of Policy Development and Research, Prepared by NAHB Research Center, October 1999. P. 128. "rlfana" actured Housing_ Dream or .y'ighinaare7 Consumer Reports, February 1998. 13 Manufacturers and the Florida Manufactured Housing Association sued I IUD to prevent imposition of wind standards_ According to a DCA-fimded report by Florida International University, the actual implementation of wind standards in the state may have been delayed until June 12, 1995, when the I Ph Circuit US Court of Appeals ruled against the industry and upheld the standards. 54 Based on 66,.700 new manufactured homes placed in Florida since 1999, plus estimated relocations and retrofits. ss Census file SF-3 table HCT-6 calculations. 56 Memo from Wayne Jordan, Community Assistance Consultant, to Phil Bergelt, Df IShIV Program Manager responsible for enforcing Florida M1-1 installation standards, August 24, 2004. " Source: Interview with Arnold Verwey, Code Compliance Director, August 11 2004. 5" Orlando Sentinel, Set Up to Fail, August 16, 1998. 59 Florida International University survey of MH owners, 2001. 611 Hall, John R., Ph.D. Alanufactztred Horne Fires. National Fire Protection Association. May 2003, p. 3 and pp 12-13. 61 Hall, p. 4. 62 Hall, Executive Summary. 63 Shimberg Center, U of Florida. The Need for Farmworker Housing in Florida. September 2004. p. 15. 61 Shimberg Center, University of Florida. Farmworker Housing Needs. September 2001, p. 17. 65 For detailed discussion see Rob Parel & Associates, The Potential for New Homeownership Among Undocumented Latino Immigrants, October 2004. Available from the website of the National Association of Hispanic Real Estate Professionals. b6 For full details on the program and definition of persons with disabilities, see Federal Register, Friday May 14, 2004 page 27907 and following. 67 See the following website for Federal Register notification of finding availability in the Section 515 program for 2004: http://,,vww.rurdev.usda.gov/rd/nofas/2004/rrh03l7O4.pdf. Housing Needs Assessment for Okeechobee County - Richard Genz -housing C/.- C.'onz1,,un4y 1n-4ghl - Page 10l_ 61: Shimberg Center, U of Florida. The Need for Farmworker Housing in Florida. September 2004. p. iii. 69 Flocks, Joan et al. Stakeholder Analysis of Farrnworker (lousing in Florida. 2002. Univ. of Florida Department of Anthropology. 70 Email to the author from Charles E. Gardner, Office Director, 4-29-04. " White, S. Mark. Affordable Housing: Proactive and Reactive Planning Strategies. p. 20. 'Z Brown, Karen Destorel. Expanding -Affordable Housing "Through Inchisionary Zoning: Lessons from the Washington Metropolitan Area_ The Brookings Institution Center on Urban and Metropolitan Policy. October 2001, p. 2. Points describing Montgomery County's program, page 5. 73 Public flousing Authorities in Florida: An Analysis of Selected Issues. February 2004. Shimberg Center for Affordable I lousing. I Iousing Needs Assessment for Okeechobee County - Richard Gen? - I lwwi)�g & Covymani)' ln,i ghl - Page 102 • • EXHIBIT 2 July 18, 2006 ORDINANCE NO. 952 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 81) from Elbert R. Batton for the closing of a certain alleyway as described in this ordinance to utilize the property for beautification and parking; 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: The alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 92, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 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 15th day of August, 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 1st day of July, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 James E. Kirk, Mayor • E PASSED and ADOPTED on second and final public hearing this 15th day of August, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEOHOBEE STREET OR ALLEY CLOSING APPLICATION i C LL+ ret�fiy e-1�s-i )c e6f 10 t��A,Ic n) j PI -Ad -fti CQCU-L 0 /0f ; •. t jr\ k ei GL4- + -0 P, Vh-CW L -to rm-e . 6,Yfn n` rJos e 612i - ✓ Note: if property is in two names by the word "and" both signatures are required (for exam Ji nc Jane Doe). �� (�C L S i1°�Y' cc�k i n "' 0 S W('u G S C1 way �v M SIGNAT OF ASIGNATURE OF CO -APPLICANT: 1hP -T LIC T i Print name: Print Name: The foregoing instrument was acknowledged before me this /� IZ)�O by & (date) !7 7— 7 and , who is personally known to me oi (applicant) (co -applicant) who produced as identification and who did (did not take oath. Public, Commission No� SIMLLYLarc -'IV�e11�/L' .t a� Name of Notary typed, printed or stamped; I InMmWPMnwWBy L-WM to: RY & CONSI.Y, P.A. I W.CONELY,1114FSQUIRE Of&e Drawer 1367 xhabee. FL 34973-W 0486 W0474 �� boo rsOPsPW F3-15-37 35.0010-00420.0110 Y,YM I--; wARRANrYnEM DINA [prepared without examination of tide] Tw4lRANTYMWmadethe 13rdayofNovem*20AbY=ODORBL. KELC1 M% caUed°Grantor",D1D,tiERTR BATMN,whoseadd=iss2201 SW 2f Sheet, FL34974, hereinafter tdd °Grantee°: {NM1 mm wif m*- *" Goelar ed %.*e kAk a e. paks b &k ma and and ac ems. ko WITNEss fn? 'tte Gmtor, for and in consideration of Ten Dollars and other good and valuable consideratioiO whereof is hereby ackrrowiedged, hereby grants, bargains, sells, afiens, remises, releases, confums unto the Grantee, all that certain land situate in Okeechobee County, Florida, AN UNDIVIDED MEMT IM IA s ll and 12,BlA9tOftIfOkwJwb=C=tyFIof& BKIDthePlatthereofM1&din PWBook S, Page S, pW The real l y hereby cwvc* is rmt the hon e*W propeq of Graffior. Subjecttorcokt cKre mmmousandeasements ofrecord,ifmy, whichare not reimposed hereby, and tapes sabsequw to December 31st, 2001. AND the GWor does k*fogy warrant the MID to said land, and will defend the same against kw claims ofall persons whomsoever. R(WIrNM WHEREOF, the said Gmutorhasheremtosethishand andseal thedayand year fintabow written. :, 1 :, , , .91. . / THEODOREL IkDM 2062 SW Ir Lase • 0 OR0488 M0415 ATE OF FLORIDA IUNTY OF OKFECHOBEE o I HEREBY CERTIFY tbst on this day, before me, an officer duly au6miaed in tic State Cou* aforesaid to take aebovAedgmenK personally appeared THEODORE L. ,who[ ] is personally mown to me o r [ ] pmduoedhis Florida &imslicense on and mb emmW the foregoing bstroment and he acknowledged before me that same my hand and official seal mthe County and State hest aforesaid this I'S �y of Novr—;. JP N UC 0� My Commission Expires: WemkViff • mamamt omm FJQiEt 101�7R►IIOIfNmt/9RAyI{1k / Fll.ED FOR RECORD A!'+EECI1tii�Ciol�t'1Y• I�- 379 972 NMI-4 Pal t ki SI UON ROU&MN amt of fAWTCOUT 0�� Courthouse Plaza, LLC. 12450 NW South River Drive, Miami, Florida 33178 Tel: (305) 883-9878 Fax: (305) 883-9788 May 26, 2006 City of Okeechobee 50 SE 2nd Avenue Okeechobee, Florida 34972 Re: Courthouse Plaza - Signature Authorization To Whom It May Concern: 1, Miguel A. Jimenez, Jr. am a managing member of the entity, Courhouse Plaza, LLC FEI 434-2043739 and have been a member since inception of 04112/2005. 1 am also authorized to sign for this entity, Courthouse Plaza, LLC. Please if you should have any questions or need any other information, 1 can be reached at (305) 883-9878. Sincerely, Plaza, LLC. Ulm. UV s aid State of D'pyn t County of Miami - Daote Sworn to (or affirmed) and subscribed before :me this 2 Lam _ day of M QA. i 20 Q(_.P, by (Seal) et,.-4k, CYNTNEA L WALTZ - +� MY COUMI$SION z 001aw02 '' 'w;xo� EXPIRES: October 2$- 2MB 1'W0,"WARY FL WIWS�f R BanrFrp, jr- Or Produced Identification -Jv. Signature Printed Name Type of Identification Produced: (93 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of ject Street/Alley) (Description of Subject Street/Alley) Signature of Property Owner Signature of Property Owner I in /—. A "— Printed Name �'.4P105A 1,LG Printed Name STATE OF 0100Ci LL COUNTY OF ►V aM l l� tC�� Sworn to (or affirmed) and subscribed before me this �2&01 day.of RE'ACzK./ , 20 G , by mvA ip`�'1H CYNTHEAL. WALTZ (Seal) @` My COMMISSION # DO 160202 ?VF;SF EXPIRES: October 22.2006 1-60D,-N ARY R Norery Serv�ca &dorM��9. Personally known OR Produced Identification r ,art'k" d` t e Notaq Signature Printed Name Type of Identification Produced 06- II Y ry FILE NUM 2005015072 1Q� Oo OR BK 00569 PG 0708 SMPA RWTBOfi MW OF CIRCOIT MWT TyhDa, p,�,dm OKEECNOAEE C01lI P FL RECORDED 07/07rM 0009.44 Ph TC[ W. oON=, m, Zoo= RECORODN FM 10.00 OONSLY a CONIMY, P.J. 401 N.N. 6th STEW DEED ODC 7M'00 POST DR&= 1367 RECORDED BY H Aeuez . n 3073-1367 o emd m15-37-35-0010-00920-0070 4r- WarromPeed 1'ki 11ftture; t5ia 2" dayof Wy , 2005 eo.> Between M:DFFM F -�Foffand LIRAS A. CAMBRON, his wife of de Canty of ' � , So of Georgia , ghantom id � �i0u,�2 COT nWUS]C LLC, a Florida limited liability compare► P( CLZQ, LL& PW -nmem. & 12450 South River Drive, Niami, FL 33178 of to corny or Miami-D , We of Florida , grantee. Wifaeasetb on'-------------RS ($10)----------------------- IaLm and m6a goad and wdosbh hid Paid by srRAN1Td?, Poe � whacof h hmy sdmawhdged, hueg,aed,6mgadidandb M 1� eon id assigns i nw, ee fo➢ "dese W lid. ahrk t5, b*ndbdginteC.bayafSame of Florida bwa Lots 7 and 8, BBSS, according to the plat thereof recorded in Pla, public records of Okeechobee County, Florida. Subject to restrictions, re er�#,tions and easements of record, if any, which are not reimposed,y, and taxes subsequent to December 31st, 2004. and Poe gamin do hedy My ws®t ae de b odd hid, and wi &W the some Vint %& dsm of d Poias %honom IR Wihleg Wgff* OR ram have hwi set their hih W = 6 An dry ad ym 6m share wba S1gsed,su1edwdddWW1n9wpnmw C6) 'KG /�V • 11150n®®W FILE MUM 2005015073 7D�pO OR BK 00569 PG 0709 SBARON M0TSDHe CLERK OF CIRCUIT COURT �aDo�eairYdsy00andeY.�« 06EECHDBEE COUNTY, FL RECORDED 07107I20D5 U.110.56 PH xaec W. MBRLY, In. ZOQUJ319 FEES 10.00 cammRECORDING r f irmmlr. P.A. DEED DOC 700.00 101 B.A. 6th STRW RECORDED BY H Aiuez POST NAM MWER 1367 n 31973-1367 _ �0 _ e,Tomb-15-37-35-0010-00920-0090 Warr Deed Thbladeatare,�,a 7th dayof July , 2005 A.O.. &hweea MAGDALENS DIAM d le only of P , sue ofFlorida , graator, and CQ�%0u COIDtTH0O3E �LLC, a Florida limited liability company Ydwsc addrm it: 12450 N:iq.South River Drive, Miami, FL 33178 of me Coney of Mani -Dad , sane of Florida , grantee, � Wanes"& m OMORANfox, afaesamaf --------------------- DOLLARS ($10)----------------------- DDd1aRs. ad adu good and Yalmble a hood pad by GRAND& be =* Tina i Wk ldaa hdgpd, ho pod. bmvi d ad sV to sbe sad nd GRAKM bcff% ==sn od wSm fbmw. & So owng d-zW land. smm. 1ftndb®Rs+eCaw1yd Oka guns of Florida mwk L 9 Q Lots 9 and 10, Block 92,E , according to the plat thereof recorded in Plat Book 5, 5, public records of Okeechobee County, Florida. THE PROPERTY HEREIN CMIYEP(S NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR.• Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2004. ad ee Samos don h2 ft rely waaa6 tk 610 a still had, ad v3 6" ire smo M" bW dim of d pwm vk wo., Ee ALLEY AND/OR STREET Cf OSING CONSENT LETTER TO: City of Okeechobee f VWe, (property owner(s)) own the following property: (Legal (Legal and do hereby consent (agree) to the closing of thb alley and/or street described below: (Description oYSOjbject Street/Alley) &S (De cription of Dke Gh� ref . it a - CD, --!.- jwv�- Jk�� Signature of Property Owner f.` - Woug14 o Printed Name STATE OF I �� COUNTY OF 0ke -CI(Dbfi Street/Alley) �"is i s h s Signature of Property Owner 7 Pnnied Name SHELLY L BIA TON ,9�VP MY COMMISSION t DD435473 ?p�Ro+B EXPIRES: May3CL2fg9 Wy S3�M�ca^oo'm (4WI9H&6t63//���' �JR''cddaaNN Sworn to (or affirmed) and subscribed before me�$his _ L day of , 20Z)62 by (Seal) Notary Ign re SHF- .LYL BAITON y 8` MY CUn+k IS°:ON:FDW354TS Printed Name m EXPI R!�,:: May 30, M l4ml Personally known OR Produced Identification Type otIdentification Produced���-- -:IDntiffs 9 0 r Quo Tkh Data mod Prepared By and Return to: Thotaas W. Barber ONBtg MI ABSTRACT & TITLE INSDRANCS, INC. 207 NW 2nd Street Ok ...Florida 34972 863— 710 o rara�ID:3-15-37-35-0010-00920-0040 Correive Quitclaim Deed This Quitela't RICHARD J REVOCABLE of the County of BALDEI4AR ; whose adds is: 203 of dte County of Whnesseth FILE NUM 2004011323 OR BK 00534 PG 1621 SHM RUBERTSOF r CLM V CIRCUIT COURT OKEECHOBEE COI Mt FL RECORDED 06/21/M 12:03:23 PM RECtROING FEES 10.00 DEED DOC 0.70 RECORDED BY C Saine Madethis 9th day of June , 2004 A.Q. Between 1, SR. and SANDRA H. LASKET, Co -Trustees of THE LASKEY TRUST Ste of Florida , grantors, and D. NEDRANO, his wife Street, Okeechobee, FL 34972 ------------------� and other gond and valmble 000sidA grained, bargained and quitdaitned lothe tying and bang in the County of Oke Parcel #3-15-37-35- State of Florida , grantees. ation of the sum of DOLLARS ($10)----------------------- DOUALS, MRS in hand paid by GRAAfMK the receipt whereof is bemby admowkdged, have 3 and GRANTEES beim suemsors and assigns forever, the Mowing described land, situate, sme of Florida to wit- L, _ (D Lots 4, 5 & fi, Block 92, OBBE, according to the plat thereof recorded in Plat Book 5,- F 5, Public Records of Okeechobee County, a Florida. J The property herein conveBS NOT constitute the HOMESTEAD property of the Grantor. tU� Subject to current taxes, easements and restrictions of record. THIS QUIT -CIA X DEED IS BEING RECORDED TO CORRECT THAT CERTAIN QUIT-CLAIX DE® RSCO = IN OFFICIAL RECORD BOOK 404, PAGE 428, PUBLIC RECORDS OF OKEECHMEE COUNTY, FLORIM. To Have and to Hold the s me wF& with as and str * the wmeamm dte m bdwm or m anywin appamieag ad A de aft; Oft dbk inkmik Jim e" and dam rbet tin of Dao6tis, eebef m hnr w a", fir the use, beaebt and profit of to said gnats m fairer In WIlness wheree4me pan bave kmoo set dnir Ws and "and Siaa ve�l waki l And dpHver M in mw nrmarv! / ,AA /7 f T �0404 M0428 .00 v Y • omcgzBllt a Slangs Paid in the amount of (J- o Cletus C Tu paid in tl�e amaont r of Iiwd d— 3-15-37-35-0010-00920-0040 Goal 81 Coud data - W ty &W ins ldade dds 2M day of ,1998 AD.. lietvreen RICHARD I and SAi11DRA R LASKEY, his wifk r 5 of dicCoray df CNOBEE Sae of Florida , g<88t0r5, and BALDEW Mm ^dndMARUD. MEDRAiVO, his Mfe, .&w whet it:3282 SW ; Oli'EECHOBEE, Florida 34974 efieomty4 OJiEECH smof Florida ,grantees. Witnetseth ----------------------------- ----------------- &N01I 0($10.00)-------------------BOLLAB. mf tuba pd aid mluuW WWda� in bra pod by GRANTEES. Or nc*.baeor is baeby acUmIedo. rove Viomd. Duped red sW m dr: acid GRANITES' hm ud fmaer. &e �l dmvIW bad. wauc. lying and beioa in dK Comm Of OKEEC t sw of Florida w wit: Lots 4, 5, & 6, Block 2,,.,O�KEECROBEE, according of the plat thereof recorded in Plai(tbok 5, Page 5, Public Records of Okeechobee county, Florid ;v t. Subject to -restrictions, tions and easements of record, if any, and taxes subsequ-n�01998. ti4A 307333 C I E K i &" Clr C Wit pm dslasb F* irsmrlieekzssidhvkzdwMd*W la WhM w6U4 - ie � bog - b%Udiwot VAMI eva. is A Ad ' bs✓*w wrMM �•zw - —A ISc* �LIRD 1. Addy 1k_ 19MSB7 SsaK mFi [L MM �11 LYeA R � {Seri qv • ALLEY AND/OR STREET CA OSING CONSENT LETTER TO: City of Okeechobee - I/We, (property owner(s)) own the following proper?y: (Legal DI-scription) (Legal Description) and do hereby consent (agree) to the closing of W6 alley and/or street described below: Li Description of Sj� bj c treeUAlley) Description of Subject treet/Alley) i ature of Pro e Owner Signature of Property Owner Printed Name f Printed Name STATE OF C-:*rl' A COUNTY OF �� L1►0 Sworn to (or affirmed) and subscribed before SHELLY L. BATTON MY COMMISSION * DD435473 pF no�B EXPIRES: May 30.2009 (407) 39"153 Fl dd. N.IsyS rA- am ,5 // 71e)& VA- - p (7)duc-ed FL :s l i cP. (' bn h� day of by 1 K L11 3, (Seal) y+=.SHELLYIL-TOND435473eta//ry Sig ure 2Mi' )V" ^ 5 / Printed Na y Personally known Produced Identification Type 01 a dentification Produced OR s'e a ov �sv -39-,21 y3 -� Las&A L,�-�0 6 9'a 7-71 10405 P 0356 - . Quitclaim Deed Eq ) DaMenlary Vo ps paid In the emois+t:d 'is :1be Tv paid in the MOWA WNW ra ) S RICHARD , m sad ) � SAA®RA$' } of Ck art date 1935 SE 31st ) a=Wvj34974 ) PWWI.D. #3- 35-001�-009ZU001a ) ���- sracseaovamaaaoo�nraoaL Deed made on MAR form con ideration RtaIARD Iv IASgEYOAt M IL lAsw his vak d Remise; Memme and Qua = to RiC m J. LON, SR. AND 51 RkA LASREY, Tr#s, or dw.mesm m mK unk the LAS W UVM TRUST dated Ferry 2ti,19A and Po thereto, with full wer and m d.Ndp toAdA conse e and to MA ar to lease ®r —1 - and otherwise manage and dispose of said real P descrloed herein, pursuad 'on 689.071, Florida Stages, whose address is 1935 SE 31 st Street, Okeechobee, Florida !their inte<est in and to the fbHowing described real property in the County of Okeechobee* O�m ids LOTS 1, Z, 3, 4, 5, and b, BL�"— OKEBMOBK ACCORDING TO PLAT THEREOF RECORDED 1N PLAT BOOK 5, PPUSLIC RECORDS OF OREECHOBEE COUNTY, - FLORIDA. . Signed, sealed and delivered Do 'I' v n2l incur ce: •��. witt►esssigaat�e Name Pd"Name ^01 .. �e S5 Nu�bn: 0t030t12t iimmeSSI:®6rr: J Pral Nmibrr. 3.22 37 354023D-0D130-0010 tY 3-I5-3I-35010-009"10 ��J' 1-IE-37.360aoD0nDDl'CtIO 5\ . WARRANTY DEED 1Cx.360 paw 550 Indenitve made thisdo day of Octohci,19", BETWEEN BIG NATIONAL BANK, a Florida ba"g corporatiaa, of 1409 S. Parrott v0locechobee, Florida 34974 GRANTOR'and RICW*0ASM,(4SANDRA B. LASKEY, big w of 607 S.W.141h Streak Okeechobee, Florida 34974 GRANTEE', WITJYESS A TM:�""tor, for and in consideration of the srm► of TEN and other goodardval®ble!and to said grantor in hand paid by said grarlkG aclo owledged, has glaatd, esold to the praotee and grantee's heirs forever bated in the County of Okeecboitate of Florida, to -wit j attached for kgal description) Q �mpsPeMintheamauntot �` � b U 0 ^S L Cte�k n} GJrait Cautt date V` fully 1 l and said gtaator does hereby lly waraot the title to Sid will &cod the sorters against the lawfid claims of all persons whom/ 'Sigpk and plural are interebangeabie as context requires. Tits, AND Otl/t00'S ($10.00) Wks do receipt whereof is hereby the followingdaatbed had 1 V WffN s WEEREOF, Grantor has h=mto set grantor's hand and seat this day and year first above Written. BIG LAKE NATIONAL BANK COUNTY OF OKEECHOBEE STATE OF FLORMA - . - - � « — .r.:_ .9li ,re....rn, r„1„� lone tw .TOE & MU[ RM 1� JL� �JU t nc� PCB clyt �E cep- 3 o� Authorized Signature Typed Name & Title. Phone No. Date Authorized Signature Typed Name & Title Phone No. Date i�f.1i'cr2F= - z7, "r - //-k. Typed Name &Title CJc�CujJv[. %irdl•�O Phone No. ;il/3. 94 C Phone No. of Okeechobee Subdivisions: �f� /y C. 2,1S cTi eo , 7; . -1-2 L 74 3 315<l z-zz-oL Authorized Signature Typed Name & Title Phone No. Date _r �rF�t March 21, 2006 • Ms. Shelly L. Batton Lakeview Builders, Inc. 200 NW 51h Street Okeechobee, Florida 34972 Dear Ms. Batton: • John A. Hopkins 555 Lake Border Dr. FLAPKA0305-3006 Apopka, FL 32703-5815 I am in receipt of your letter of February 22, 2006. Sprint -Florida, Incorporated has no objection to the closing of the alleyway which you describe in your letter and illustrate in the attachments. Please call me should further discussion be needed. Yours truly, John Hopkins Real Estate Manager 407-889-1627 � �-- r --,- ;- I -re Authorized Signature Date Darne Fbbertscn, Rb is TWs Directix cs-r BMn3jM1 citv� Typed Name & Title Typed Name & Title Vzoat Fete , Dior Typed Name & Title Hzrb Eldth, Fire U eP Typed Name & Title Typed Name & Title 4PPLICATION APPROVED BY: (o 1151xx7 LANE GAw EA, CITY CLERK DATE 6 Date Revised 413103-LO Memorandum To: From: Date: Re: Lane Gamiotea, City Clerk Oscar Bermudez, Engineer June 13, 2006 Alley - Closing application from Elbert R. Batton. 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. In the approval of this Commercial addition the alley was consider a plus issue for drainage purposes. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage PIans for the City of Okeechobee is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. • EximBIT 3 JULY 18, 2006 ORDINANCE NO. 954 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 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(s) Daniel B. Creech, of the property more particularly described hereafter, has heretofore filed Petition No. 06-013-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.313 acre(s) from Residential Single Family -One (RSF-1) 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 has received and reviewed certain application(s) (No. 06-013-R), submitted by property owner Daniel B. Creech, for a rezoning amendment to the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on June 27, 2006, and submitted by staff report, which determined such applicant(s) to be inconsistent with the Comprehensive Plan and is not appropriate with the zoning land uses within the City; and WHEREAS, the City Council finds such rezoning consistent with 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 4 to 10 and the East one-half of Lot 15, Lots 16 to 21, and the West one-half of Lot 22, Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee County, Florida. Page 1 of 2 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 Residential Multiple Family (RMF) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 181h day of July, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 1st day of August, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City Of Okeechobee General Services Depatent 55 S.E. 3`a Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ot,(p D (p Petition No. MW Fee Paid: -!;e • f3a Jurisdiction: P$4 eo, 1st Hearing: (Q 2nd Hearing: 1 g Publication Dates: Notices Mailed: Uniform Land Use Application Rezone - Special Exception - Variance ✓ Name of property owner(s): A Owner mailing address: r P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): IQLA N T Contact person daytime phone(s): 3 — Fax: ✓ Property address / directions to property: 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: is property in a platted subdivision? 4es P R Is there a current or recent use of the property that is/was a violation of county ordinance? if so, describe: f 1 O 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: E' R Is a sale subject to this application being granted? T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: MT South:' East: West: S� f Existing zoning:' l� —� ( Future Land Use classification: S 1 dG LE, _ E 1 L Actions Requested: ( Rezone �) Special Exception �) Variance Parcel Identification Number: -3 — ��s���l�T�1T�r�l�1Ta,3:iLTa�f7>P�� �I ✓ I Confirmation of Information Accuracy II I hereby certify that the information lis application is correct. The information included in this application is for use by t of Okee bee in processi request. False or misleading information may be punishable by a fine of up to $500.00 nd i onment of up o 3 days and may result in the summary denial of this application. Signature Ninted Name Date Unifonn Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: -e S P _ Requested zoning classification: 'ZM F R What is your desired permitted use under the proposed classification: Z i � .� L-Cx- U" kl 4'�l l-FEDe-Aa Lk-- 1Z VZMA O N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? f ' O Variance? kLO Describe the Special Exception sought: S P E C Z 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 O if business; briefly describe nature including number of employees, hours. noise generation and activities to be ly HI 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: F What is the minimum variance necessary? Uniform Land Use Application (rev. 1103) Page 2 of 2 Statement of Interest For Daniel B. Creech Rezoning Application The applicant is requesting the existing zoning of Residential- Single Family — One (RSF-1) to be reclassified as Residential Multiple Family (IMF). The applicant is interested in developing affordable mufti -family housing for residents of Okeechobee. The application i% only for lots 4-10, E '/2 of lot 15 — w'/ of lot 22, Block 99, City of Okeechobee. Tlds Document Prepared By and Return to: CONELY & CONELY, P.A. .TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OXNECHOBEB, FL 34973-1367 Parcel 1DNumber: 3-15-37-35-0010-00990-0010 Grantee#1 TTN: 590-32-2762 Warranty Deed This Indenture, Made this 16 th day of May , 2002 A.D. , Between ALFRED A. ALMONTE, JR. and FRANCES A. CIANCAGLINI and ANN M. VOCCIO of the County of Kent , State of Rhode Island , grantors, and DANIEL B. CREECH whose address is: 406 SW 2nd Street; Okeechobee, FL 34974 of the County of Okeechobee , State of Florida' , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)-------------------- -.-- DOLLARS, and other good and valuable, consideration to GRANTORS in band paid by GRANTEE, the receipt whereof is hereby aclmoWledgod, have granted, bargained and sold to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land, situate, lying and being in the County of OKEECHOBEE • State of Florida to wit: Lots 1 to 26, inclusive of Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee, County, Florida. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if anv, which are not reimposed hereby, and taxes subsequent to December 31st, 2001. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors have hereunto set their bands and seals the day and year fuse above written. Signed, sealed and delivered in our presence: (S-1) Prints Name : (<a l/ (4 ALFRE A . ALMONTE, JR . Wi tnes as to A3 P.O. Address: 5 Deep Meadow Lane, East Greenwich, Rl 02 1 o (Seat) Printed s.� FRANCES A. CIANCAGL Witness as t• A l%� k P.O. Address: 6Appletawn Road GreenMe, RI 02828 (seal) ANN M. VOCCIO P.O. Address: 8 Tabor Drivq Johnston, R102919 - STATE OF RHODE ISLAND COVNPY OF KENT The faregomg instrument was acknowledged before me this 16th day of May , 2002 by ALFRED A. ALMONTE, JR- and FRANCES A. CIANCAGLINI and ANN M. VOCCIO who are personally ]mown to me or who haveproduced their drivers licen a as identification. Printed Name, Notary Public My Camutission Expires: oFFN:UL SFAL 40 SHAM L JUTRtSIAS NOTARY PUSUC-RetGGE AW by conic lzmmw ;REECH-ALMONTE 1—G-."by1D0kp1-y SyV—h-, 200a (363)765-5S55 F—FLWt7-t VV 7/L Ur LU I LL 69 C UL Ur LV 1 ame; REECH DANIEL B ndVa $59,412.13M rte '. ,Okeechobee BJd 1/al, $0.00 arl SW 2ND STREET KEECHOBEE, FL 34974 rVal $59,412.0 ustVa!= $59,412.0 4 I lesi:: ! fp F 5/16/2002 $0.00 V / U $59,412.00 x ;; fable $0.00 i $59 412 001 w �1 ----- -------- This information, Last Updated: 6/22/2006, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or Implied, are provided for the accuracy of the data herein, it's use, or Ws interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http:llokeechobeepacom/GIS/Print Map.asp?pjboubchhjbnligcafceelbjemnolkjkaibfepfga... 5/25/2006 ______—____ �._� ,_�r-�-> YY��"""� i•+�+yii++iwuVu✓/�JiLVVV l.-r-r-JVr1V1 rage 1 Ol 1 26 17 18 19 20 21 22 74 23 :. 1 16 17 18 19 20 21 23 24 � fif � � f TO �� 1 • i - s ' • • - ' • • j{ 0 32 64 96 ft - - ,PARCEL �15r3'�-35-007 900-0 91-0040 �racnNTZ000000) This information, Last Updated: 5/P21,MM, was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://okeechobeepa_comIGISIPrint Map.asp?pjboiibchhjbnligcafeeelbjemnolkikaibfepfga... 5/25/2006 Intended Use, Nature of Activities Development of Property for Daniel B. Creech Rezoning Application The applicant is interested in developing affordable multi -family housing for residents of Okeechobee. The applicant is only going to develop Lots 4-10, E '/ of lot 15 — W'/ of lot 22, Block 99, City of Okeechobee. Special Reasons and Basis for the Request For Daniel B. Creech Rezoning Application The applicant is requesting the existing zoning of Residential Single Family — One (RSF-1) to be reclassified as Residential Multiple Family (RMF). The applicant is interested in developing affordable multi -family housing for residents of Okeechobee. The application is only for lots 4-10, E % of lot 15 — w'/ of lot 22, Block 99, City of Okeechobee. 1375 Jackson Street, Suite 206 • Fort M& Florida 33901-2845 Phone: 334-3366 Fax: 239-334-6384 Email: larue-plaming@att.net Staff Report Rezoning Request Applicant.- Carolyn Arnold Owner: Daniel B. Creech From: RSF-I To: RMF Petition No. 06-013-R Staff Report Rezoning Request General Information Applicant: Carolyn Arnold Petition No. 06-013-R Legal Description: Lots 4, 5, 6, 7, 8, 9, 10 of Block 99 and Lots 15, 16, 17, 18, 19, 20, 21, and the west 1/2 of Lot 22, Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee County, Florida. Request: The applicant is requesting a rezoning for the subject property from RSF-1 to RMF. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family H Vacant Single Family & Industrial RSF1 & IND Single Family Dwellings and Vacant Single Family RSFI Single Family Dwellings Single Family & Public Facilities PUB Municipal Buildings The applicant is requesting the RMF Zoning to develop 2.313 acres of land as triplexes. The applicant is also requesting the Multi -Family Future Land Use category which allows apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 23 units on the subject property. As stated in the applicant's Small Scale Amendment Report (06-014-SSA), the subject property would seem to be more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. As can be seen on the Zoning Map above, an RMF Zoning in this area would be incompatible and create an isolated district within a Single Family neighborhood. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including triplexes. Staff Report Rezoning Request Applicant: Carolyn Arnold Petition No. 06-013-R 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood reflects a mix of low level of residential intensity and public uses. If this property is allowed to be changed to Multi -Family, it will have an adverse impact 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. No, the use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from density increase on the subject. 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. The proposed use could adversely affect living conditions of the adjacent properties. 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 granted, buffering would be determined during the site plan review phase. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Yes, if granted, the proposed use and other rezonings could overburden water, sewer, schools, and streets. The cumulative impacts of this Multi -Family conversion along with other recent occurrences have not been assessed. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Yes, traffic congestion could be a problem on a cumulative basis if this zoning request is granted. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be viewed as a grant of special privilege because the need to change to Multi -Family Zoning has not been demonstrated. Staff Report • Rezoning Request Wplicant: Carolyn Arnold Petition No. 06-013-R PriorSummary and Conclusions • Certification Based on the above information, it is recommended that this Zoning application be deemed inconsistent with the Comprehensive Plan and denied. Recommendation Staff recommends denial of the request to allow rezoning from RSF-1 to RMF. Submitted by: James G. LaRue, AICP Planning Consultant June 20, 2006 • • Mi0 UU9d&jTj7 S URMOW og a plucaC al G'sund h7onQ On T&ODs measo HaToafon Co unwp Food 9a. . I .... _. _ ... _ l. 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Psw ROR10+. m rvtLa son.1 ro. 1201 T. G-AO. eauG _---Dl. SURvE:DP_: CERTIi7CJJE Y•.ot�-✓W ��✓-[�✓ F.,..rrm.s, b LSSOC.1 T7.. .n..a4w .ne.•. ,vr.w• ww [ tn. r n d W cent •^ 1 .A W' ,Rol N. OD•CMo .e.tcn of aae .T of N. M.een •.� r�r ��T.r-e: --• - . --• LAST rKU StMWCY CaTE_ u.T _]. 2002 sro en .tn ,...on[ b lwnc[ • [a.ner.Mn.-. ,n.wpn•n.c .,,r_q, •..cr,•.e h•w^:Y .. tn- o.w m.+.cl•1a w f mr mo-..ep. • n..r •� ...• .n U. f..a rn r ..q y.M-.uy.r`.e.•n •RCJECT tWusCl Su!)f.CL q U. p.,Y•c•n✓.�..M.O tw wR �"'*� PREPARED FOR: DANNY CREECH JJAMES R. ALMOND, PSM A`J—sue /1 207) SYI )Rp TIIrA.LC( j7 OCEECNOfEC. RDAID► Sa97.-2a6a T[L• Aq) af7-ADp rA[: lac)) .U-9121 •1+.o•�tn..cn.•...wm Rre Dev. •S / SS Dete r. 2DO=wM Sr CET COPv,NO+T 2002 June 27, 2006 - Board/Board of and Appeals - Page 5 of 12 V. PUBLIC HEARING CONTINUED. C. Consider Petition 06-014-SSA continued. Is VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - NAY JUAREZ-YEA MCCOY - YEA JOHNS - YEA BURROUGHS-YEA MOTION CARRIED. A second public hearing will be held before the City Council on Tuesday, July IIIbefore Application will be forwarded in ordinance form for a final Public Hearing on July 18, 2006 18, 2006 at 6.00 p.m. in the Council Chambers City Council. D. Consider Petition No. 06-013-R: Recommendation to City Council to rezone Petition No. 06-013-R was submitted by the property owner, Daniel Creech. The request is to Lots 4 to 10 and East one-half of Lot 15 to West one-half of Lot 22 of Block rezone Lots 4 to 10 and East one-half of Lot 15 to West one-half of Lot 22 of Block 99, City of 99, City of Okeechobee, from Residential Single Family -One (RSF-1) to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). Residential Multiple Family (RMF). The subject vacant property is located The subject vacant property is located between Northwest 5th and 6`h Street and Northwest 9`' and between Northwest 5th and 6`' Street and Northwest 9' and 10`h Avenues. The 10`' Avenues. petition was submitted by Daniel B. Creech, property owner. This petition is associated with Application 06-014-SSA City Planning Consultant. • Planning Staff Report Summary: The applicant is requesting the RMF Zoning to develop 2.313 acres of land as triplexes. The applicant is also requesting the Multi -Family Future Land Uses Category which allows apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 23 units on the subject property. As stated in the applicant's Small Scale Amendment Report (06-014-SSA), the subject property would seem to be more consistent with the Comprehensive Plan Policies by remaining in the Single Family Future Land Use category and retaining the existing compatible RSF-1 Zoning which is currently on the site. As can be seen on the Zoning Map, an RMF Zoning in this area would be incompatible and create an isolated district within a Single Family neighborhood. Board Member Hoover made a motion to recommend denial to the City Council based on the Planning Staff findings that Petition 06-013-R is inconsistent with the Comprehensive Plan and incompatible with surrounding zoning; seconded by Board Member Burroughs. une 27.2006 - Board/Board of Adjustments and Appeals - Page 6 of 12 V. PUBLIC HEARING CONTINUED. D. Consider Petition No. 06-013-R continued. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA JUAREZ-YEA MCCOY - YEA JOHNS -YEA BURROUGHS - YEA MOTION CARRIED. A second public hearing will be held before the City Council on Tuesday, August III Petition will be forwarded in ordinance form for a final Public Hearing on August 1, 2006 before 1, 2006 at 6:00 p.m. in the Council Chambers. City Council. E. Consider Petition No. 06-005-R: Recommendation to the City Council to rezone an unplatted, vacant 15.5 acre Parcel of Land from Residential Mobil Home (RMH to Heavy Commercial (CHV) and an unplatted, vacant 1/19 acre Parcel of Land from Holding (H) to Heavy Commercial. The subject property is located North of East North Park Street (State Road 70 East) across from the Post Office. The petition was submitted by Craig M. Hackl, on behalf of property owners, H2oHolding, LLC. This application was deferred from the May 23, 2006 meeting - City Planning Consultant. Board Member Burroughs moved to table Rezoning Petition No. 06-005-R until August 17, 2006 as requested by the applicant; seconded by Board Member Hoover. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA JUAREZ-YEA MCCOY - YEA JOHNS -YEA BURROUGHS-YEA MOTION CARRIED. A second public hearing will be held before the City Council on Tuesday, August Due to the postponement of action, the second public hearing will be reschudeled for 1, 2006 at 6: 00 p.m. in the Council Chambers. III September19, 2006 before the City Council. F. Consider Petition No. 06-012-R: Recommendation to the City Council to rezone Petition No. 06-012-R was submitted by the property owners, Ismael Gardune-Telles and Maria Lots 11 and 12 of Block 175, City of Okeechobee, from Residential Multiple Ester Garduno. The request is to rezone Lots 11 and 12 of Block 175, City of Okeechobee, from Family (RMF) to Light Commercial (CLT). The subject property is located at Residential Multiple Family (RMF) to Light Commercial (CLT). The subject property is located 216 Southwest 3`d Avenue. Ismael Gardune-Telles and Maria Ester Garduno are at 216 Southwest 3`d Avenue. the property owners - City Planning Consultant. 11 A ANk EXNIBIT 4 JULY 18, 2006 55 Southeast Yd Avenue * Okeechobee, Florida 34974 -W863- 763-331Z 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 First Baptist Oxwch _ R.O.C. Today's Date 7 /2006 Address 3 10 STnt 5th . , Ct. , FL 3a97q Phones () fax 763-8904 753-2171 Name of Property Owner City Cf � Address Phone(s) Street to be Closed E1 3 d St 6th Ave and (reL-raite traffic) Dates to be Closed July 17, 2006 through July 20, 2006 Time(s)to be Closed 6.00 p.m. "'8.30 p.m. Purpose of Closing SpX S C3rrp 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) owClean-up is required within 24 hours. v�"No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. PwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. Vw'The 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. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT d Signature FIRE DEPARTMENT orized Signature Authorized ature d Donnie Robertson Public Works Director Date Typed Name & Title. Date Denny Davis Chief of Police Typed Name & Title c � Fire Chief Date Typed Name & Title Brian . whi teha.l i Ci 'Administrator Date Typed Name & Title Lane Gamiotea City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 e c (1446L wed �*` hr1�� l♦ -Dmp alb -4�vvle- - 6:06P.Pt ?; Qx' LY '�r vv"e : 3 : 30 P . bt EXHIBIT g 55 Southeast 3AvenMW Okeechobee, 1 JULY 18, 2UU6 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. TPRU)nDARV cTGCC-r Ak1M OlMnIAIAI v r 1 Name of Applicant (hanber of Camp--raa Today's Date February 16 2006 Address 55 SoL*h PittAvErm Phone(s) 763-6464 Name of Property Owner ._City of Ctancxizee Address 55 Soutbeast 3rd Amrm Phone(s) :12-63-3372 Street to be Closed SIT 2-id Ave., W 3rd Ave. ,.- 99 4th Aw. , SW 5th Ake,, N & S Fk St Dates to be Closed Septenber 2 2006 thrcuqh Saotgrdmr 4 2006 Time(s) to be Closed Purpose of Closing T Day Festival 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) IwClean-up is required within 24 hours. EwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. NwNo 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: ff�rThe City Public Works Department will deliver the appropriate barricades The Clty Police Department will set them out and take them down at the appropriate times. N.wDumpsters and port -a -lets are required when closing the street for more than 3-hours. PUBLIC WORKS DEPARTMENT Authorized. Signature Authorized Signature rized Signature ADMINISTRATION oyjfed Signoure a_ /G_eae. Date Date Donnie Robertson, Public Works Director Typed Name & Title _ Typed Name & Title Herb Smith. Fire Chief Date Typed Name & Title Occupational and/or State License Verified: ian. Whitehall , City . ' Adrnin i yped Name & Title CLERK'S I J i11 W11OFFICE I % Lane Gamiotea City Clerk Authorized §ignature Date Typed Name &Title APPROVED/DENIED BY COUNCIL ON: City of Okeechobee 55 Southeast 3'" AvenLAWOkeechobee, 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. TFMPnRARY STRFFT AW) cmMArA1 le r-1 nolki� Name of Applicant Clamber cf Ctmrerce Today's Date February 16 2006 Address 55 Satth Parrott Ave ie Phone(s) 763-6464 Name of Property Owner City of C1 eedmbee Address Phone(s) 763-3372 Street to be Closed -W 2nd Ave-, S11 3rd Ave. SW 4t Aye. between N 8, Dates to be Closed Decarber 9 2006 Time(s) to be Closed Purpose of Closing Chrisbe,S parade 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) v�rClean-up is required within 24 hours. zwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. OwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Pleasenote there are inside consumption and outside consumption licenses: You.must have the appropriate license. N'The 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. a.wDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Donnie Robertson, Public Works Director Authorized. Signature Date Typed Name & Title _ POLICE DEPARTMENT Denny Davis, Chief of Police Authorized Signature Date Typed Name & Title FIRE DEPARTMENT TiPrb gym; tr} Fire Chief Aut rized Signature Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION /t��Zrian.. Whitehall, City ' AClministrator Sig ature Date i yped Name & Title OFFICECLERICS inwN Mw b 6151.1�1J s d z, 79 111 C-07 8 111,1"ll'o 0 2-1 3 3 19�1 Z Z NW 3RD ST 70 1�19a11000�911�@0�911 Ilmdml 61514131211 OODce ME 10Q�91 all A paa 6151413 mDDice ME lorA F�5 �A� G3 QSouk+ bJ esr 65432 1 6E54 92 , 3 8 111 0� 7]111 9 �19pa90 �19��11 l SW 2ND ST (70') - - -- 91Q191 On �19��11 l SW 2ND ST (70') - - -- 91Q191 On l SW 2ND ST (70') - - -- 91Q191 On On p99�1� F'A � %; m6 5 4 6 5 4 3 2Ll 3 � 7894 A 718 19'Flol �[p91 9mm�1 7 8 910111 7 8 ! 2 LLJ 6 5 4 3 2 1 6 5 a 7 8 9 10111 7 8 5 4f C 1 I 1 VII. NEW BUSINESS CONTINUED. Motion to approve the 2005-2006 Roadway Improvement Bid continued. G. Consider a 90-day worker's compensation leave benefit for Firefighter Phil Conroy - Chief Herb Smith (Exhibit 9), H. Motion to approve Temporary Street Closings for the Chamber of Commerce 2006 Festivals - City Clerk (Exhibit 10), 1. Speckled Perch, March 11.12, 7:00 a.m. to 4:30 p,m., Southwest 211, 3fd, 4", 5", and 61' Avenues between North and South Park Streets. Labor Day, September 2.4, 7:00 a.m. to 4:30 p.m,, Southwest 2"d, 3rd, 41", and 5"' Avenues between North and South Park Streets. MARCH 7, 2006 -REGULAR MEETING • PAGE 13 OF 14497 Northwest 8th Street (from North Parro"wy 441 to 2nd Avenues) Northeast 6th Avenue (from North Park/SR 70 to 6th Streets) Northwest 2nd Street (from North Parro"wy 441 to 3rd Avenues) VOTE KIRK - YEA MARKHAM - YEA WILUAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED, Chief Smith advised that Firefighter Phil Conroy was injured on the job on December 10, 2005. He has been out on workers' compensation since that time, and according to the medical information he has submitted, will continue to be out for several additional weeks. According to the Personnel Policies and Procedures, the Department Head has submitted leave sheets for the City to make up the difference in his salary between what workers compensation has paid in order for him to receive a full salary each week. A 90-day extension would now have to be approved by the City Council for the City to continue making up the difference. Council member Chandler moved togrant a 90-day worker's compensation leave benefit for Firefighter Phil Conroy (beginning March 10 through June 10 2006): seconded by Council member Williams. VOTE _ KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Markham advised that representatives of the Hamrick Trust requested that the City not take any action on the Temporary Street Closings.for the Labor Day and Christmas Parade, until after the Green Market is discussed which is scheduled to be on the May 2nd Agenda. Council Member Watford noted, as long as Staff knows we are responsible for putting them back on the agenda. Council Member Markham responded, right, and they (Hamrick Trustees) just want to wait until after the park items are discussed at the May 2, 2006 meeting. Council Member Watford moved to approve Temporary Street Closing for the Speckled Perch Festival, March 1? through 12", from 7:00 a.m. to 4:30 p.m., for Southwest 2nd, 3'd, 4" 51' and 61' Avenues between North and South Park Streets, as submitted by the Chamber of Commerce; seconded by Council Member Williams. N G we ' VII, NEW BUSINESS CONTINUED, H. Motion to approve Temporary Street Closings for the 0-.h b& of M-- * 2006 Festivals continued. 3. Christmas Parade, December 9, 6:00 p.m. to 8:00 p.m, Southwest 2nd, 311, and 41' Avenues between North and South Park Streets. Motion to approve a Temporary Street Closing request by First Baptist Church for the Fall Festival, October 31, 8:00 a,m. - Midnight, SW 6' Avenue between North and South Park Streets City Clerk (Exhibit 11). VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to Insure that a verbatim record of the proceeding Is made, which record Includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: L�irie;farriiataa,tMC, City Clerk MARCH 7, 2006 - REGULAR MEETING - PAGE 14 OF 14 VO KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Chandler moved to approve a Temporary Street Closing request by First Baptist Church for the Fall Festival, October 3151, from 8:00 a.m, until Midnight, for Southwest 61' Avenue between North and South Park Streets; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED, THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNEDTHE MEETING AT7:30 P.M. The next regularly scheduled meeting is March 21, 2006. • EXHIBIT 6 • JULY 18, 2006 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: &r re-1 ;" L E<` S� ,ec ADDRESS: y 5 SF ��6� 44-, TELEPHONE:. 77 2 - D�O / - 7 �- / p FAXf6; y(6 7 - g S 4 Q MEETING: REGULAR * SPECIAL ❑ WORKSHOP ❑ DATE: 7 liFlo 4_ PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR TR e PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL, q. PLEASE SUMMARIZE. PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACK APPLICABLE DOCUMENTS: -Yut tnq -+t4 ,>r 1nc� Sire�ay C31�4 T ry @/i C� fi IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: -;& A-4 O IN SIGNED BY:40,11-.1, 6 W Q-,-. DATE: �v -a9' CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE MINUTES I. Call to Order - Chairperson. Technical Review Committee Meeting - Chairperson. H. Chairperson and Staff Attendance - Secretary. Voting Members: Tom Forbes, Building Official Brian Whitehall, City Administrator Denny Davis, Police Chief Donnie Robertson, Public Works Director Herb Smith, Fire Chief Oscar Bermudez, City Engineer Non -Voting Ex-Officio Members: Eddie Trent, Okeechobee County Health Department Jim LaRue, LaRue Planning and Management Sen,ices John Cook, City Attorney John Hayford, Okeechobee Utility Authority Betty Clement, General Services Secretary III. Minutes - Deputy Clerk June 28, 2006 PAGE 1 OF6 Attorney Cook called the June 28, 2006 Technical Review Committee meeting to order at 10:03 a.m. General Services Secretary Betty Clement called the roll. Present Present Absent (with consent) Present Present Present Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Technical Motion to approve minutes by Administrator Whitehall, seconded by Public Works Director Review Committee for May 24, 2006 regular meeting. Robertson. • VOTE FORBES - YEA WHITEHALL - YEA SMITH - YEA ROBERTSON - YEA BERMUDEZ -YEA MOTION CARRIED III. New Business Continued. A. Firestone All American Tire & Service. The Application was submitted by Ricky Farrell, Trustee on behalf of property owner Park Tire Land Revocable Trust. The property owner is proposing to open a Tire Store with associated open shop/garage in a single phase. The subject property is located at 415 NE Park Street. 2006 - TECHNICAL REVIEW COMMMEE - PAGE 2 OF6 Planning Staff Report Discussion: This is a site plan review for an automotive service and repair shop. In April 2006, the applicant applied for and was granted a Special Exception (Petition No. 06- 005-SE) contingent upon: 1. Parking to be provided. 2. No body work or heavy engine repair. 3. Landscaping to be included as a part of the Site Plan for this Special Exception. At the time, Staff stated that it was important to have defined ingress/egress and parking delineated for customers and employees. It appears that the existing building was enclosed since it was established as a car dealership, limiting parking in the front. Lack of parking and access must be improved to service the public properly. Additionally, since this is a use within an existing building buffering may be limited, but landscaping would 1es�en the impact and should be provided. Planning Staff Report Recommendation: 1. The applicant has exceeded the maximum amount of impervious surface coverage b\ 4.6%. This should be corrected. 2. The applicant has not complied with the conditions set forth in the Special Exception Request and does not meed Code requirements. The site is required to have approximately 54 parking spaces but has only provided 20 spaces. This should be corrected and the applicant should not be allowed to separate the usage of the building into net usable and non -usable floor space to calculate parking. This privilege is strictly reserved for government office, courthouses, and other public facilities. Additionally, 10 parking spaces back out onto NE 5`h Avenue. June 28, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 3 OF6 New Business Continued. A. Firestone All American Tire & Service, continued. 3. Again, the applicant has not complied with conditions set forth in the Special Exception Request. This site was granted the special exception based on adequate landscaping being provided. The applicant has only provided 3 trees instead of the 14 required by the Code. The applicant must provide a landscaping plan which is consistent with Sections 90-534 and 90-535 of the Land Development Code. 4. The applicant must provide a drawing of the structure which illustrates the building faca� on all four sides and shows the proposed height. 5. The setback and buffer requirements are not being met. Loris Asmussen for Asmussen Engineering presented plans for Firestone All American Tire & Service. Building Official Forbes had no comments. Fire Chief Smith stated he had no issues. City Engineer Bermudez said he had parking issues. 54 spaces are required and Firestone All American only can provide for 32. City Planner LaRue has an issue with the maximum impervious surface ratio which is 9V6. He asked if there was any way to reduce the 90% to 85%. Mr. Asmussen replied, in the effort to provide enough parking, additional pervious surface is unpredictable. Mr. LaRue said, looking at the parking, 20 spaces available, plus 8 for backing out is all he sees, also stated that landscaping requirements need to be met. It was stated that the previous business, Radio Shack, only had 20 parking spaces. The real question is, will 20 spaces work for the use. It just doesn't meet code. Attorney Cook stated that a garage area where they change tires and the customers are not allowed to enter, we should find a way to work with the parking issue. Adjust parking to accomodate the previous statement. Need to take out some of the inside requirements to lessen the park' calculations. Mr. Tom Elmore, previous property owner spoke on behalf of Firestone American Tire & Service. People have been parking on 5' Avenue since 1968. You could put 20 cars on the east side of the building and still be 10' away from the street surface. Mr. Elmore made a passionate plea for parking all around the building. What about using right - a -way in the alley area. This building has been the same since 1968. June 28, 2006 - TECIINICAL REVIEW COMMITTEE - PAGE 4 OF6 D. New Business Continued. A. Firestone All American Tire & Service, continued. City Engineer Bermudez explained it's pretty clear, when you have a new owner, they have to operate to the current codes. Mr. Elmore cited existing businesses using city streets for parking. Planner LaRue explained that we must go by current code. Mr. Dudley, the current owner stated that he has a similar store in Port St. Lucie, in fact it is two (2) stories and only has 16 parking spaces. A garage doesn't require as much parking, since the vehicles are in the garage being worked on. He said he only needed 5-10 spaces for parking. Shared parking has been discussed with McDonald's who has a parking lot behind this building. Mr. Elmore said that he never anticipated there would be a parking problem. He stated that in the previous occupancy of this building of Radio Shack and the auto dealership, there was never an automobile accident associated with the parking or backing out on NE 5'h Avenue. Mr. Elmore stated that 14 trees in a parking lot is ridiculous. Mr. Dudley said if a buffer is needed he will provide. Attorney Cook said that the building hasn't been in operation for some time and needs to be brought up to current code. Mr. Elmore stated that it was in operation 6 months ago as a Radio Shack. He said that he cannot understand how this building worked with its existing parking for the last 38 years, why now does it have to have so many added parking places. Attorney Cook said that the City would like to cooperate, but cannot ignore the current codes for parking. Administrator Whitehall asked if there was enough room to stay on their own property to make the turn into the alley. Mr. Elmore said that the alleyway is 15 foot wide, plenty enough to turn a car around, he also said that if they needed to they could remove the fence that exists. That would clear up the issue for 5' Avenue. Mr. Dudley got the Special Exception for exiting on 5`' Avenue not Highway 70. It was stated that the TRC does not have the prerogative to change the codes, only City Council can contradict the code. Administrator Whitehall said he would much rather see a business than an empty building and have the tax revenue from said business, but TRC cannot contradict the code. Attorney Cook asked if there were any issues other than parking. Planner LaRue stated only the pervious area and landscaping. D. New Business Continued. A. Firestone All American Tire & Service, continued. 2006 - TECHNICAL REvIEW COMMITTEE - PAGE 5 OV 6 Mr. Elmore said that he never anticipated there would be a parking problem. He stated that in the previous occupancy of this building of Radio Shack and the auto dealership, there was never an automobile accident associated with the parking or backing out on NE 5' Avenue. Mr. Elmore stated that 14 trees in a parking lot is ridiculous. Mr. Dudley said if a buffer is needed he will provide. Attorney Cook said that the building hasn't been in operation for some time and needs to b, brought up to current code. Mr. Elmore stated that it was in operation 6 months ago as a Radio Shack. He said that he cannot understand how this building worked with its existing parking for the last 38 years, why now does it have to have so many added parking places. Attorney Cook said that the City would like to cooperate, but cannot ignore the current codes for parking. Administrator Whitehall asked if there was enough room to stay on their own property to make the curve. Mr. Elmore said that the alleyway is 15 foot wide, plenty enough to turn a car around, he also said that if they needed to they could remove the fence that exists. That would clear up the issue for S"' Avenue. Mr. Dudley got the Special Exception for exiting on 51h Avneue not Highway 70. It was stated that the TRC does not have the prerogative to change the codes, only City Council can contradict the code. Administrator Whitehall said he would much rather see a business than an empty building and have the tax revenue from said business, but TRC cannot contradict the code. Attorney Cook asked if there were any issues other than parking. Planner LaRue stated only d pervious area and landscaping. Building Official Forbes stated that we need a redevelopement area and codes for the downtown area that has existing buildings that cannot meet code. He said That Kevin Fall would be a good person to contact. He is, the Redevelopment Agency Director for Seminole County. • • D. New Business Continued. A. Firestone All American Tire & Service, continued. VI. Adjournment - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if anv person desires to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceedins, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verhatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Betty J. Clement General Services Coordinator Attorney John Cook, Chairperson 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 6 OF 6 Motion was made by Fire Chief Smith to approve subject to the Board making a finding under section 90-483 paragraph 2, where City Council can wave parking requirements when a parking study is presented indicating that an increase or decrease in the number of parking spaces may be warranted and that the applicant will gather together documentation supporting a lesser number of required parking spaces and set the matter on City Council Agenda. Seconded by Building Official Forbes. VOTE FORBES - YEA WHITEHALL - NAY SMITH - YEA ROBERTSON - YEA BERMUDEZ-NAY MOTION CARRIED. There being no further items on the agenda. Chairperson Attorney Cook adjourned the Technical Review Committee Meeting at 1 1:00 a.m. § 90-453 OKEECHOBEE CODE purtenances; provided, however, that they shall (3) Computation of parking spaces in places not exceed Federal Aviation Administration height of public assembly shall be based on the limitations. maximum occupancy rating given the (LDR 1998, § 612) building by the fire marshal. Sec. 90-454. Outdoor storage uses in nonres- idential districts. Outdoor storage uses permitted in nonresiden- tial districts, comprising goods and materials, shall be screened from adjacent residential zoning districts by a fence or landscaping at least five feet high. Goods and materials shall not be stored in required yards. (LDR 1998, § 613) Sec. 90-455. Hurricane shelter. Mobile home parks and mobile home subdivi- sions shall provide a hurricane shelter for resi- dents and their guests. (LDR 1998, § 614) Secs. 90-456-90-480. Reserved. DIVISION 2. PARKING AND LOADING REQUIREMENTS* Sec. 90-481. Generally. Off-street parking and loading facilities shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 450) Sec. 90-482. Computation of required off- street parking and loading spaces. Computation of required off-street parking and loading spaces shall be as follows: (1) Computation of parking spaces shall be rounded up or down to the nearest whole number. (2) Computation of parking spaces based on floor area requirements shall be gross floor area. (4) Computation of parking spaces based on number of employees shall be at the max- imum work shift. (5) Spaces for the handicapped are included in the computations of total parking spaces. (6) Parking spaces for two or more busi- nesses may be combined, provided that the total number or spaces shall not be less than the sum of required spaces com- puted separately. Where it can be demon- strated that the need for parking spaces from specific uses do not overlap in time, the number of spaces may be reduced by the number required by the lesser use. (7) Loading spaces for two or more busi- nesses may be combined, provided that the total number of loading spaces shall not be less than the sum of required spaces computed separately. (8) When a building or use is changed, or enlarged in floor area, the off-street park- ing and loading spaces as required in this division shall be provided for those changed or enlarged uses. (LDR 1998, § 451) Sec. 90-483. Modification of parking and loading space requirements. Modification of parking and loading space re- quirements shall be as follows: *Cross reference —Parking, stopping and standing, § 54-41 et seq. Supp. No. 1 CD90:32 (1) The number of spaces may be increased, decreased, or deferred by the city council when: a. A parking study demonstrates that the proposed use would have a de- mand in excess or, or less than, the requirements of these Regulations. b. A parking study demonstrates that the hours of need for maximum park- ing for two or more joint uses do not normally overlap. ZONING A building is in an historic district or is of historic interest. d. A building is in a Commercial, Cen- tral Business District, or Public Use Zoning Categories. (2) The city council may require the appli- cant to provide a parking study when the technical review committee presents data indicating that an increase or decrease in the number of parking spaces may be warranted. (3) An applicant may submit a parking study to demonstrate that either the parking or loading space regulations are excessive for the use proposed, or there is not a current need for all spaces. (4) A parking study requesting deferral of parking spaces shall contain: a. A site plan locating the total re- quired parking spaces and designat- ing the deferred spaces, and a land- scaping plan of the deferred parking area. b. A written agreement with the city that the developer will pay for a study to determine the need to pro- vide the full parking requirement and that the deferred spaces will be converted to parking spaces at the developer's expense should the city determine that additional spaces are needed. (5) The number of parking spaces shall not be reduced below these requirements where there is insufficient parking. (LDR 1998, § 452; Ord. No. 815, § 1, 2-4-2003) Sec. 90-484. Reduction of paved parking space requirements. (a) The number of paved spaces may be re- duced by the city council when a parking study demonstrates that the proposed use normally would have a demand for the total required park- ing spaces only on one or two days a week. § 90-511 (b) Paved parking spaces shall not be reduced by more than 75 percent. (LDR 1998, § 453) Sec. 90-485. Reduction of parking space re- quirements in commercial dis- tricts. (a) In commercial, central business, and public use zoning districts, city council may reduce the number of parking spaces if the technical review committee finds that there is a surplus of on - street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off- street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. (b) City council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parking, and may attach conditions to an approved or alternative parking space reduction. (c) In the CBD the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. (d) In commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. (e) In public use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. (LDR 1998, § 454; Ord. No. 815, § 1, 2-4-2003) Secs. 90-486-90-510. Reserved. DIVISION 3. OFF-STREET PARKING AND LOADING* Sec. 90-511. Design standards. (a) Parking and loading space location. (1) Except as provided in this section, re- quired off-street parking and loading spaces shall be located on the same parcel as the primary use. *Cross reference —Parking, stopping and standing, § 54-41 et seq. Supp. No. 1 CD90:33 \�y .. OF pkF� ti 2 m LL S � 1915* City of Okeechobee July 11, 2006 N 1r. Rickey L. Farrell, Trustee 415 SE Park Street Okeechobee, FL 34974 Dear Mr. Farrell, re: Parking As you should be aware, a parking study is a pre -requisite for City Council to consider your request. I have enclosed a copy of the Okeechobee City Code, Division 2, PARKING AND LOADING REQUIREMENTS for your perusal. If you have any questions, please call the General Services Department at 863-763-3372 extension 217. Sincerely, �L Betty . Clement General Services Coordinator enclosure cc: Asmussen Engineering, LLC Tom Elmore Mr. Dudley 55 S.E. Third Avenue • Okeechobee, Florida 3497412903 • (863) 763-3372 • Fax: (863) 763-I686 • 1375 Jack Street, Suite 206 Fort Myerisorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report - Site Plan REVIEW Prepared for • Firestone Tire & Service Applicant .• Loris Asmussen Staff Report Site Plan Review Applicant's Name: Firestone Tire & Service This is a site plan review for an automotive service and repair shop. In April 2006, the applicant applied for and was granted a Special Exception (Petition No. 06-005-SE) contingent upon: 1. Parking to be provided. 2. No body work or heavy engine repair. 3. Landscaping to be included as a part of the Site Plan for this Special Exception. At that time, Staff stated that it was important to have defined ingress/egress and parking delineated for customers and employees. It appears that the existing building was enclosed since it was established as a car dealership, limiting parking in the front. Lack of parking and access must be improved to service the public properly. Additionally, since this is a use within an existing building buffering may be limited, but landscaping would lessen the impact and should be provided. Required Provided Density _ NA NA Min Lat -Area 6,;25t?s ft ,3Q s t ft • • Staff Report Site Plan Review Applicant's Name: Firestone Tire & Service Re�ruired Provided -zfr Min Lot Width 50 ft 150 ft Setback Requirements Front 20 ft to buildings 40 ft 10 ft to parking/driveway Sides 8 ft W = 12 ft ft Rear loft 8 ft.* Max Lot Coverage 50% 36.5$a/o' Max Impery Surface 85% 89.6%* Maximum Height 45 ft ', _ Unable to determine* Parking Number of spaces., 1I150 ft. �. ,20 spaces provided* . rsq T©tal Sq Ft. = 8,160 lU spaces,_ back out into 5tn Parking _; 54 spaces `, : Avenue:' Landscaping Parking Area 14 trees and 41 shrubs 3 trees and 12 shrubs* Buffer 10 ft along street No buffer along SR 70 and no 2 ft along property line buffer along 5th Avenue 6 feet along property line Recommendation: Staff recommends denial of the site plan review for the following reasons: 1. The applicant has exceeded the maximum amount of impervious surface coverage by 4.6%. This should be corrected. 2. The applicant has not complied with the conditions set forth in the Special Exception Request and does not meet Code requirements. The site is required to have approximately 54 parking spaces but has only provided 20 spaces. This should be corrected and the applicant should not be allowed to separate the usage of the building into net usable and non -usable floor space to calculate parking. This privilege is strictly reserved for government offices, courthouses, and other public facilities. Additionally, 10 parking spaces back out onto NE 5th Avenue. 3. Again, the applicant has not complied with the conditions set forth in the Special Exception Request. This site was granted the special exception based on adequate landscaping being provided. As can be seen above, the applicant has only provided 3 trees instead of the 14 required by the Code. The Staff Report Site Plan Review Applicant's Name: Firestone Tire & Service applicant must provide a landscaping plan which is consistent with Sections 90-534 and 90-535 of the Land Development Code. 4. The applicant must provide a drawing of the structure which illustrates the building facades on all four sides and shows the proposed height. 5. The setback and buffer requirements are not being met. Submitted by: James G. LaRue, AICP Planning Consultant June 2006 PARK TIRE LAND REVOCABLE PARK ST (SR 80) PREPARED FOR: PARK TIRE LAND REVOCABLE TRUST 1595 SE PORT ST LUCIE BLVD PORT ST LUCIE, FL 34952 (772)-201-7510 PREPARED BY: ASMUSSEN ENGINEERING, LLC P.O. BOX 1998 OKEECHOBEE) FLORIDA 34973-1998 TRUST NORTH SHEET INDEX: SHEET 1 OF 2 COVER SHEET SHEET 2 OF 2 SITE PLAN FILE: P.O. Box 1996 OKEEp106EE, mr 31973-t11BB n. (�B13 763-8346 1]IAIL• .nw...aonnnnE.n.t N YS TR O M L C A CVMFr-ATE of AUTHORIZATION NO. 26134 NOT VAIM UNU:ss SITE ONINER PARK TIRE sK ED OMM NAME 415 HE PARK ST OKEECHOBEE. FL 34952 CONTACT: RICKEY L FEWELL TEU 772-201-7510 052406-01 COVER J lOF2 22.36 15' ALLEY 22.27 22.42 2Q.56 DITCH INVERT 100' NORTH 21. 5 J WPP HOL a' `r PAVEMENT :22;58. -�. OF W 17.s' ° W 77 2 .64 21.75 a�ot�o aa' n 2 .20 7 6' 147.03 SO FT 80'2 SAT. W N DISH 19 • o WA R LL 18 VA I VE 21.72 12.1L SHOP 4353.06 SO FT s U) 0 YD ANT W N a FF. EL. 22.85 04 N N y 7 $ ' 8160.07 SQ FT f o 16 o FRENCH DRAIN M a CqO 6 r0 r01i 0 } 5' Q 2 c6� � � 0 14 •:13 ••4 [ 10.1' M F 13 • . Q 0 0 585.60 SO F 5 a) R Q 6 2.QZ E 1428.50 SO FT 11 •_. .� 2 7 50.4' 10. 4Q 22. 261 � • g• • 20. ... •2�:20. .. .22.13 2 6' terrazzo 1' ' 3 2.04 9. o AEL OCA W RRE. 22.Q3 . S/GN HYDRANT 70' R/W .§/CN wv t,• .. 22.5 [22,281 6CONC. WALK D STORM 2267 CURB CUT 22 67 MANHOLE CONC. to CURB M TOTAL AREA: 22302,7 SQF"T / 0.512 AC IMPERVIOUS: 19972,05 SQF-T / 0,46 AC PERVIOUS: 2330,65 SQF-T / 0.052 AC LEGEND W W W W GRASS . •. PAVEMENT BUILDING CONCRETE �-- TRAFFIC FLOW ♦-4--DRAINAGE FLOW 100.00 EXISTING ELEVATION ALL EL, NGVD 1929 — WHEEL STOPS SCALE 1 "=30' ® TREE I P SHRUB NORTH "ORDINANC-F JV0- 7J2 Al -LEY CLOSMIG (OR-5 42a PG- J88,1� Eop izs I 5-4� 0 l5v'(P) 2- SW,W5YE(M) I 149-gV(M) FAD "LS2512 IA49, 9V( 17.9 80-2 TOTAL SITE AREA: .512:fz ACRES f . T J_F Co,*jS.7FUC 770M DE T—FRA AHED . . . . . . . A,z] LOT 10 BLOCK psi N89-052212"*W / 8.83*(M) I STY - TT P0- f - cc. , /V T -- P- Ml- I-f Sp,KD f i BLOCK 151 .1 �:ql a 0. LhW FDVCF- T ZE-7F SLAB -f - W(P, LOT 12 BLOCK 151 to knit-j C.), rlj[, onav, e,k--Q It ( —/&Ix R-Inolt .1 rx� 7 CITY OF OKEECHOBEE CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Department: Finance By: India Riedel MEETING: X REGULAR SPECIAL WORKSHOP DATE: 07/18/2006 AGENDA ITEM: To review last years Millage Rate; Tentative millage rate for fiscal year 2006-2007; Rollback Rate and %of increase; Time and Place of Budget Hearings for advertisement. RECOMMENED ACTION BY THE CITY COUNCIL: Motion to set Tentative Millage rate of 7.1899 for fiscal year 2006-2007. Motion to set advertisement of Budget Hearings. First Budget Hearing set for Sept 19', 2006 (Tuesday) at 5:01 p.m. in the City Council Chambers located at 55 SE 3Td Avenue. Motion to set Second and Final Budget Hearing for Sept. 26d', 2006 (Tuesday) 5:01 p.m. Motion to set Budget Workshop on Sept 6`", 2006 (Wednesday) at 5:01 and to move the regular Council meeting form Sept. 5 to Sept. 6 (Wednesday). Motion to set 2nd Budget Workshop, if needed, on Sept 12d`, 2006 (Tuesday) at 5:01 p.m. SUMMARIZATION AND PERTINENT INFORMATION: The Present Millage rate is 7.1899. Calculating the percentage difference from the taxable value last year and the current taxable value of the same property this year the rolled -back rate is a 4.8% increase. If approved we must advertise an increase in taxes due to the rollback rate calculation, but in fact the millage will remain the same per $1,000.00 in value. Advertisement of the Budget Hearings enables the General Public to address any concerns in regards to the Mileage and/or the Budget. Due to the TRIM time line a request is being made to change the councils regular meeting date of Sept 5th, 2006 to September 6th 2006 (Wednesday). The TRIM requirements also state that all Budget hearing are to be held after 5:00 hence forth the 5:01 p.m. timing. 07-18-'06 16:10 FROM-CLEM, VOCELLE & BERG 772-562-2870 • T-075 P002/005 F-253 CONTRACT FOR SALE AND PURCHASE This Agreement by and between the CITY OF OKEECHOBEE, A MUNICIPAL CORPORATION (hereinafter "SELLER"), and TRC INVESTMENTS, LLC, A LIMITED LIABILITY COMPANY (hereinafter "BUYER"), agree to the terms, conditions and considerations, as follows: 1. AGREEMENT TO SELL: Seller agrees to sell and Buyer agrees to purchase certain land owned by the City, pursuant to the terms and conditions set forth herein. 2. PROPERTY DESCRIPTION: The real property subject to this Agreement is a portion Okeechobee Commerce Center, as shown on the plat thereof. A legal description of said property is attached hereto as Exhibit 1 and is made a part of hereof. 3. PRICE AND TERMS: The purchase price is Five Hundred Sixty One Thousand Dollars ($561,000.00), be paid as follows: a. A deposit of Fifteen Thousand Five Hundred Dollars ($15,500.00) shall be made by Buyer to Seller. Said deposit shall be held in Escrow by Seller and applied to the purchase price at closing. b. A cash certified or local cashiers check for Five Hundred Forty Five Thousand Five Hundred Dollars ($545,500.00) shall be paid by Buyer to Seller at closing and delivery of deed, to total Five Hundred Sixty One Thousand Dollars ($561,000.00). 4. TITLE EVIDENCE: At least five (5) days before closing, a Title Insurance Commitment showing marketable title in Seller shall be delivered to Buyer, along with legible copies of instruments listed as exceptions attached thereto. After closing, an Owner's Policy of Title Insurance shall be obtained by Seller at Seller's expense and delivered to Buyer or Buyer's attorney. 5. CLOSING DATE: This transaction shall be closed and the closing documents delivered on ("Closing"), unless modified by other provisions of this Contract. (��4 ��Ig V`r��4�, W� 1+�m F. . 07 13 ' oG 1G:10 17MI CLEM#CCLLL & BL11G 772 JG2 2370 • T 075 Poo3/00J r 253 6. RESTRICTIONS, EASEMENTS, LIMITATIONS: Seller shall convey marketable title, subject to: comprehensive land use plan, zoning and restrictions, prohibitions and other requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, outstanding oil, gas and mineral rights of record without right of entry, unplatted public utility easements of record (located contiguous to real property lines not more than 10 feet in width as to the rear or front lines and 7 '/2 feet in width as to the side lines), taxes for year of Closing and subsequent years, provided that there exists at Closing no violation of the foregoing and none prevent use of the Property for Commercial purposes(s). 7. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. 8. ASSIGNABILITY: Buyer may assign this Contract to an entity owned by one or more of the principals of TRC Investments, LLC, but Buyer shall not be released from liability under this contract by said Assignment. This contract may not be assigned without the express written consent of Seller, which may not be unreasonably withheld. 9. CLOSING: Closing shall be held in Okeechobee County, office of the City attorney, or other closing agent designated by the Seller. 10. EXPENSES: Documentary Stamps on the Deed and any corrective instrument shall the Buyer. 11. PRORATIONS: All prorations, including taxes, .shall be prorated through the day before closing. 12. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer may be retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 07-18-'06 16:11 FROM-CLEMCELLE & BERG 772-562-2870 • T-075 P004/005 F-253 13. GRANT REQUIREMENTS: Buyer understands that this purchase requires compliance by Buyer with certain grant funding requirements obtained by the City Of Okeechobee for the initial development of the industrial park. Therefore, Buyer certifies that it is familiar with the grant requirements of the Economic Development Administration (EDA) and shall itself, and any successors or assigns, be liable to adhere to the grant requirements to the extent applicable. Failure to adhere to said grant requirements may result in sanctions against the City by the grant agency and the City reserves the right to seek redress against Buyer for such sanctions if it is judicially determined that Buyer failed to adhere to grant requirements. 14. SPECIAL PROVISIONS: A. Buyer or its assign shall proceed with permitting and construction on one or more of the lots being sold. One or more of the lots shall contain an operating business within one year of obtaining all necessary permits for construction or December 31, 2007, whichever comes first. B. If one or more lots are not developed and being utilized for an operating business, or as part of a business on an adjoining lot, at the end of five (5) years from the date of conveyance, then the Seller shall have an option to re -purchase the undeveloped lot(s) at a price of FIFTY THOUSAND DOLLARS ($50,000) an acre. If this right is to be exercised, written notice must be given to the then owner of said undeveloped lot not later than sixty (60) days before the end of the five year period. If the option is not exercised in writing during this time frame, then said option shall lapse and be of no further force and effect. C. Buyer shall not convey any lot(s) subject to this Agreement for a 5-year period from the date of conveyance from Seller to Buyer. 15. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it. TRC INVESTMENTS, LLC: CITY OF OKEECHOBEE. By: (Date) By: (Date) 07-18-'06 16:11 FROM-CLEMitCELLE & BERG 772-562-2870 T-075 P005/005 F-253 Buyer's address for purposes of notice Seller's address for purposes of notice: Phone Phone "��OCe(9r-tific"c6a ion of Taxable Value SECTION I DR-420 R. 01/95 2006 Year (17) Total Prior Year Proceeds: (9) + (16) (18) The Current Year Aggregate Rolled -back Rate: (17) divided by (6) (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, -and MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) divided by (4) (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: [(Line 21 divided by Line 18) - 1.00] x 100 i i tl^ a R, of the first Public To City Of Okeechobee (Name of Taxing Authority) Okeechobee County (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) 264,744,735 44,242,177 9781660 2,085,366 (6) Current Year Adjusted Taxable Value (4) - (5) $ 307, 880 , 206 (7) Prior Year Final Gross Taxable Value $ 293,842,487 (From Prior Year Applicable Form DR-403 Series) 1 do hereby certify the values show herein to be correct to the best of t y knowledge and bel Witness my hand and official signature at Okeechobee ,Florida. this the • lIUJ day f , 2006 eb4_ Signature of PrdpeRy Appraiser TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION 11 G (8) Prior Year Operating Millage Levy $ / Q per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) (10) Current Year Rolled -Back Rate (9) divided by (6) (11) Current Year Proposed Operating Millage Rate $ per $1,000 per $1,000 (12) Check TYPE of Taxing Authority: 11--� County Dependent District Municipal Service Taxing Unit Municipality Independent = Multi -County Water Management District Special District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ Cab per $1,000 (15) Current Year Millage Levy for OTHER VOTED MILLAGE $ C' 0 G) per $1,000 (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ and MSTU's levying a millage. (The sum of Line 19) from each District's Form DR-4201 $ per $1,000 $ 1 ► ! / per $1,000 sq5- 1 do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief.' FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at , Florida, this the day of ,20 Signature of Chief Administrative Officer and Title Address of Physical Location Mailing Address Name of Contact Person City State Zip Phone # - Fax # See Instructions on Reverse Side SEPTEMBER /f//f ///< 2 O O 6 SAFETY SMARTS • When climbing a ladder, carry tools and equipment in a tool belt or haul them up with a rope tied to a bucket or bag. • Always face the ladder when ascending or descending. • To position an extension ladder safely, place its base out at least one-fourth of its height. • More than 500,000 Americans require medical SAFETY treatment each year because of falls from ladders. Weight AUGUST 2006 s M T w T F s OCTOBER 2006 s M T W T F S 1 2 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 19 20 21 • Ladders are rated for their capacity. Choose one (FACTS/STATS that enables to climb and use it safely for the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15 16 17 18 22 23 24 25 26 27 28 you material that you Will carry or place on it. 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 OCSB 5:01pm City Council Budget Hearing 5:01 Budget Workshop 10 Labor Day Labour Day (Canada) 11 Patriot Day 171 18 24 12 13 14 15 16 City Council BOCC 6:00 p.m. 5:01 p.m. 1st Budget Budget Workshop Hearing (if needed) 19 20 21 _ 22 23 City Council , 5:01 p.m. 1st Budget Rosh Hashanah Hearing Autumn begins 25 26 City Council 5:01 p.m. Final Budget Hearing 27 28 29 BOCC 6:00 p.m. Budget Hearing 30 • • EXHIBIT 7 JuLy 18, 2006 CITY OF OKEECHOBEE CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Department: Finance By: India Riedel MEETING: X REGULAR SPECIAL WORKSHOP DATE: 07/18/2006 AGENDA ITEM: To review last years Millage Rate; Tentative millage rate for fiscal year 2006-2007; Rollback Rate and %of increase; Time and Place of Budget Hearings for advertisement. RECOMMENED ACTION BY THE CITY COUNCIL: Motion to set Tentative Millage rate of 7.1899 for fiscal year 2006-2007. Motion to set advertisement of Budget Hearings for advertise on Sept 6`h, 2006 at 5:01 p.m. in the City Council Chambers located at 55 SE 3`d Avenue. SUMMARIZATION AND PERTINENT INFORMATION: The Present Millage rate is 7.1899. Calculating the percentage difference from the taxable value last year and the current taxable value of the same property this year the rolled -back rate is a 4.8% increase. If approved we must advertise an increase in taxes due to the rollback rate calculation, but in fact the millage will remain the same per $1,000.00 in value. Advertisement of the Budget Hearings enables the General Public to address any concerns in regards to the Mileage and/or the Budget. Due to the TRIM time line a request is being made to change the councils regular meeting date of September 51h, 2006 (Tuesday) to September 6 h, 2006 (Wednesday). The TRIM requirements also state that all Budget hearing be held after 5:00 hence forth the 5:01 p.m. timing. SECTION I •02 rd Certifica ion of Taxable Value • DR-420 R. 01 /95 2006 Year Okeechobee County (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes To City Of Okeechobee (Name of Taxing Authority) (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) 264,744,735 44,242,177 9.78 , 660 2,085,366 (6) Current Year Adjusted Taxable Value (4) - (5) $ 307,880,206 (7) Prior Year Final Gross Taxable Value $ 293,842,487 (From Prior Year Applicable Form DR-403 Series) I do hereby certify the values show herein to be correct to the best of Sty knowledge and bel Witness my hand and official signature at Okeechobee . Florida. this the day of % . ., v 2006 f Signature of Pridperty Appraiser W TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority . t will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II �y (8) Prior Year Operating Millage Levy $ l • / ?Ci � per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ , l I & C'r (10) Current Year Rolled -Back Rate (9) divided by (6) $ �� . F& Q I per $1,000 (11) Current Year Proposed Operating Millage Rate $ -7• 1 rc1 q per $1,000 (12) Check TYPE of Taxing Authority: i� County = Dependent District Municipal Service Taxing Unit Municipality Independent L� Multi -County Water Management District Special District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ 6 per $1,000 (15) Current Year Millage Levy for OTHER VOTED MILLAGE $ 0 - per $1,000 (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts and MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) (18) The Current Year Aggregate Rolled -back Rate: (17) divided by (6) (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) divided by (4) (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: [(Line 21 divided by Line 18) - 1.001 x 100 e_') 1 ; 41f nC $ �?) 1( -,;�1,(,�CC e $ ^) c0 . ' per $1,000 $� $ $ r7.1 Cl 1 per $1,000 Da , Ti e rid P r ce of th first Publi Bu t Hear* g: tcbee- V U C D I DUI > 5 �U 1 LlP �fc �P�'lt ' DPP c- 3u`17<{ I do hereby c4tify the millages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at , Florida, this the day of Signature of Chief Administrative Officer and Title ' Address of Physical Location Mailing Address Name of Contact Person ,20 City State Zip Phone# Fax # See Instructions on Reverse Side SUNDAY MONDAYDA • More than 500,000 Americans require medical SAFETYtreatment each year because of falls from ladders. • Ladders are rated for their,,weight eight capacity. Choose one FACTS/STAYS that enables you to climb and use it safely for the material that you will cary or place on it. 3 �4 5 OCSB 5:01p.m. Budget Hearing Labor Day Labour Day (Canada) 10 17 24 11 Patriot Day 18 25 12 19 City Council 5:01 p.m. Budget Hearing 17. 1 AUGUST 2006 S M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SAFETY SMARTS • When climbing a ladder, carry tools and equipment in a tool belt or haul them up with a rope tied to a bucket or bag. • Always face the ladder when ascending or descending. • To position an extension ladder safely, place its base out at least one-fourth of its height. OCTOBER 2006 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 City Council6 CSC 7 5:01 p.m. 5:01 p.m. First Budget 1st Budget Hear. Hearing 13 7Qi1 CSC 26- 27 5:01 p.m. Budget Hearing 14 BOCC 6:00 p.m. 1st Budget Hear. 21 BOCC 6:0 Q Budget Hearing FRIDAY 15 22 29 SATU RDAY 1s 2 I- Rosh Hashanah Autumn begins 30 I& 15 22 29 SATU RDAY 1s 2 I- Rosh Hashanah Autumn begins 30 I& AUGUST z , 0 z 7 ZZV, 2 SAFETY SMARTS • Use only tools that are in good condition and use them only for their designed purposes. • Secure work in a vise or suitable clamp for stability —do not use your hand. O 6• Use open-end, box or socket wrenches instead of adjustable wrenches or pliers. SUNDAY MONDAY TUESDAY1 DULY 2006 S M T W T F S SEPTEMBER 2006 S M T W T F S 1 2 3 4 5 1 1 2 2 3 4 5 6 7 8 3 4 5 6 7 8 9 9 10 11 12 13 14 15 10 11 12 13 14 1,5 16 16 17 18 19 20 21 22 17 18 19 20 21 22 23 OCSB 5:01 23 24 25 26 27 28 29 24 25 26 27 28 29 30 1xn 30 31 1stBudget Hear III 13 20 27 7 Civic Holiday (Canada) 14 21 28 I 15 16 City Council Budget Worksho 5!01 0� 29 30 City Council Budget Worksho 5:00 (if neede ) 10 17 24, 31 11 18 25 12 • Injuries sent more than 39 million Americans to hospital emergency rooms in 2003. SAFETY • About 2.5 million U.S. emergency FACTS/ STATS room visits each year are the result of accidental injuries from cuts and punctures. e City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhitehalacityofokeechobeecom * * * * *Memorandum * * * * * Date: For July 18, 2006 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report Unfinished Business: • Alley vacation request by Elbert Batton on Agenda, (by Courthouse Plaza area-500blk of NW 2w Av) — found nothing in the minutes to corroborate Eng Bermudez's concerns in the TRC minutes (6/22/05, 7/27/05, and revised 2/22/06) relating to Courthouse Plaza, not that it may not have been mentioned. DPWks Robertson reinforced no issues with drainage. • Hurricane preparedness — Plan meeting with Gene O'Neill on June 14th at 10:OOAM to review our planning. • Commerce Center Adron Fence and Holmes Cabinet — The matter has been placed on the Agenda. Adron fence has agreed to purchase the R- O-W and cul-de-sac along with Lots 18, 19, & 20 (orig the motion referred to 10.31 acres and the correct acreage is 11.22 acres incl the Cul de sac- .91 acres) (purchase price of $50k/acre = $561,000)); and Holmes cabinet will be acquiring the east 2 acres of Lot 17($50k/acre = $100,000) (orig approved the west 1.5 acres), all this with Council approval. Atty Cook and Attys representing the two purchasers are preparing Purchase Contracts incorporating the following clauses: • Win 1 yr of closing shall have nec. building permits • shall not sell for 5 years aft issuance of c% * Fed EDA employment stipulations tied to the Park The December 6th motion should be rescinded and replaced with action on Purchase Agreements. The City also needs to vacate the cul-de-sac, r-o-w and easements, prior to closing on the property. • Commerce Park street project - LBFH working on the Commerce Park's NW street (NE 12'"Street extension) and infrastructure. Hope to have a timeline that I can share with you by the City council meeting. Again, will use Mr. Orth for the Lake development engineering advice, while he is retained for the NW project. • Hamrick — Put the Chamber's Xmas/Labor Day festivities applications, which have been delayed, back on the Agenda. As a response to a letter sent to Atty Michael Hamrick, I rec'd a copy of a letter he sent to Atty Cook (dated 6/26/06) and emailed the following observations to Atty Cook: The Council asked that `staff to readdress negotiations with the Trust to develop a'use' policy for the Parks. (The) communication (received) pursues the legality issues that would set the stage for those negotiations. Atty Hamrick poses Page 1 of 6 20some inquiries in his letter that will require investigation and providing legal response thereto. Besides the time and effort taken to answer and clarify each of the questions and your answers thereto, I am, herein, questioning the City Council's definition of a directive to 'negotiate' as it relates to you spending a bunch of time responding and subsequently invoicing the City for your efforts. The matter still remains on the Agenda for the July 18th City Council meeting and the only issues at this time to bring back to the table are legal in nature. This might be presumptuous, but I doubt that a majority of the City Council wishes to hear legal sparring at the meeting (for the benefit of the news media). I understand that the City Council needs to be educated on the ramifications of their actions, but I really believe that the City Council also needs to intervene with further direction. • Garbage Franchise Agreement — Sent an email 7/7/06 as follows: As you recall the City left the Garbage fee issue of capturing the Jan - Sep Waste Management mid -year increase undone. I plan on adding the matter to the August/th Agenda, as Lane reminded me that the proposed Ord has to be advertised. The City has a couple of choices: * Add the 9 month increase to our assessment all at once, or add it over two or three years. * Add nothing and absorb the increase I advocate the three-year approach as it gives the citizens some relief, but the City still captures the 'loss'. The basic increase added by Waste in January is enough of a shock, then the 4.2% cost of living (COLA) along with trying to make it all up in one year would be much to absorb. I have put this (the Resolution incorp a 3-yr payback) on the 811106 Agenda, as the matter has to be published 20 days in advance and needs to meet budget deadlines. • Raulerson Case: Allen, Norton & Blue (the City's Insurance Carrier law firm is scheduling depositions 8/8-9/06. They supplied the City with the Court's pretrial deadlines, distributed to you w/ May 16t' info. They have forwarded a copy of a Magistrate Judge's Recommendation on Defendant's Motion to Dismiss Plaintiffs Complaint. • Technical assistance arrant — As you know the City secured a $10k planning grant from DCA and Jim LaRue has been assisting with the development of the Capital Improvement section of the Comprehensive Plan. Staff supplied draft info for 5-year capital improvements to be used in this process and the budget, which was distributed to you w/May 16t' info. The completion deadline for this grant is Sept 1st. • Impact .fees — Sent Walter Keller a copy of the 5-year cap improvement expense draft. He met with the County on 6/13/06 and is to give me a written recap of that meeting when we meet. Working on further definition on City storm sewer improvements. • Schoof .concurrence — School representative to be invited to future TRC meetings (as per City Code). A more appropriate attendance is probably the Land Planning /Zoning /Board or Adjustments meetings... more suited Page 2 of 6 for school 'monitoring'. We will be having another meeting on June 191h at the Asst Co Admin office to review the proposed Agreement. Other Issues by Dept: City Clerk: • Elections November r, filing period (qualifying week) week is Aug 21 thru Aug 25t''. You will find `Election Agreement', wherein the County and City concur on election procedure and costs, on the Agenda, but it was not avail at 'press time'. • Sandy Thomas (hired Oct '04) resigned as part-time assistant a few weeks ago. Engineering: • Traffic signal at N 441 and NE 9th St (the entrance to the Commerce Center). Will be getting back to DOT in the next several weeks to reconduct traffic study, after their initial denial based on inadequate traffic. • Flooding and storm sewer management — If you haven't completed the questionnaire in connection with the master plan, you can still do so and return it to City staff. Still scheduled to meet with Bill Mathers Engineering Corp, Stuart to define directives. This information will assist the City in our storm water management efforts (vs. the Master Plan) and aid in things like the impact fee structure and Public Works focus. Finance: • Millage, budget hearing — a copy of the Certification of Taxable Value is an exhibit to the minutes and reflects taxable value of $309,965,572, up from $291,633,915 in 2005, an increase of approx $18,000,000 which should generate in excess of $100,000 additional ad valorem proceeds. We continue to work on the budget and are aiming for Aug 15th as our first budget workshop. • Canceled Insurance Consultant Jon Spyker services. I mentioned my plans before and feel that the $10k/yr could be better spent. If the City was in the private sector insurance market I might feel differently, but in the Public Risk Management pool, generally the City has risk management consultation and on group health insurance, Scott Harris does a great job. • Auditor's report — is expected to be on the August 1St Agenda. • As part of the budget process, wage survey info was sent via email and have continued evaluating employee wages that will (have) reach(ed) the maximum of the step plan. Mentioned that some entities simply `wrap' those that have reached the top of the plan to a reclassification. Ex: Pub Wks Foreman would be classed as PWks Foreman II. At that level the longevity compensation would continue, and the Foreman I position would simply be left blank, until the individual retired and the new hire would simply start at the 1 sr level of Forman (I). Another alternative is modifying the Code to extend annual longevity after the 10-yr step plan. Currently, City Code Sect'n 2-91 allows for Page 3 of 6 0 Fire: longevity bonuses from 20 yrs ($250) to 40 yrs ($1250), which of course lies outside of the Step Plan. Code Enforcement —`Marvin Brantley was brought back in front of the Judge on June 26 (not 7/26 as originally reported). The results: o Has Seven (7) days to remove everything but the garbage hoppers o Has until 7/31/06 to remove the garbage hoppers o Ramifications or non-compliance? Code Officer files an affidavit of noncompliance, contempt hearing, jail, if applicable Code Enforcement — At the May a Code Enf meeting the Board approved a motion urging the Council to retain a full time Code Enf officer. We plan to increase Mr Sterling's hours to 30/hrs/Week. Currently he works 18-20. Again, in connection with this the `Magistrate' process to expedite Code (nuisance) complianceissues vs. the current Code Enforcement process is a must! It would be considerably less cumbersome with certainly, much more efficiency. Again, if I haven't talked to you about this, please feel free to express you opinion. Activity report for June is attached hereto. Union - Received a letter dated 6/30/06, from the Union, that the Contract was ratified. No initiation for a new contract as of this date. General Services: • Jacqueline (Jackie) Dunham, 210 24th St., Okee, hired as part-time receptionist (20-30hrs/week at $10/hr) in the Gen Services Dept. Betty Clement assumed Gen Sery Coordinator position on 6/16/06. • Tech Review Comm 6/28 meeting -Firestone All American Tire & Service, 415 NE Park, applied for approval on a site plan that clearly falls short of required parking... not unlike the Jetson building on N Parrott. Enclosed is a copy of LaRue's report and I have previously sent you a copy of the TRC minutes (via email) but am attaching them hereto along with a copy of the Code pertaining to the parking modification. The matter has been placed on the Agenda. • Ords4953. & 954IMF-1 to RMF request from Daniel Creech (in the 900 block of NW 6th Street) is on the Agenda and you'll notice that staff and the Planning Boards are not recommending passing same as the request is construed as a spot -zoning request, not compatible with surrounding property... not to mention Mr. LaRue's observations on MF density below. • LaRue report on Mult-Family density —Attached to this report reflects his continuing 'resistance' to approve MF. As you look at the statistics and graph you can see the allowed growth. • Starting in July will move the LPA/P&BOA to the 3'd Thursday of the month and will essentially combine the agendas. Page 4 of 6 Independent Inspectors — still no permanent Building Official but they have been covering w/ Tom Forbes and John Daum (Inspector). Indep Insp has been interviewing to get a new B/O. Large Future Land Use Map Amendments — We are investigating a `pass - through' ordinance for capturing costs, prompted by the large scale development costs the City is exposed to but applicable to all development. Jim LaRue has provided a copy of Lake Placid's `Pass -through' Ordinance. (Two proposed developments were presented at the May LPA meeting. The CBC Management Corp (via Close Construction,) mentioned in a previous report, submitted their application for 37.5 +/- acre east of S. Parrott between SE 8"' and SE 13"' involving Condo and townhouse living units along w/ a marina. The second proposal, from 1-12O1dings, Palm Beach Gardens, is for the development of 19+/- acres north of SR 70 East, across from the Post Office, proposing an all - commercial area without detail as to actual use at this date.) Police: • Union — FYI - Have heard nothing from the Florida Police Benevolent Assoc since the ballot tally last December, at which time there were 7 votes in favor of forming a union of the 13 eligible voters. • Hiring dispatcher — over the last few months have been investigating hiring a full time dispatcher and I have attached a four page `study' on the matter. • Activity report for 6/15/06 — 7/12/06: Calls for Service: 556, arrests — 23, Citations-117, Accidents — 44. Conducting interviews to replace Darryl Allen, who left to work for Seminole PD. Running several officers thru intoxilyzer training Public Works: • Started cleaning Commerce Park wetlands on July 5th. This will be a time consuming project. As soon as we have the area staked (hopefully LBFH will get on this soon) we will start lake construction. Loris Asmussen (thru CAS) has completed a baseline report and has assisted PWks in identifying vegetation removal. • You will notice that the PWks employees have painted the lobby area at City Hall! • Street Sweeping Contract w/ AmeriSweeps, Palm City, started 7/1/06. • Street Overlay=Project — I'm getting exasperated with Better Roads, initially I had difficulty getting them to execute the contract and now am having problems getting them to start the project. Working on the matter. • Baffle Box that was to be installed on SE 4t' St at the boat launch... received a letter from DEP advising that the 05-06 General Appropriations Act provides up to $100, 000 for the project. The deadline for completion is 6130107, but we hope to start that project this later this failtwinter. Other: Page 5 of 6 • Group Health Insurance — Employees have met with Scott Harris and are choosing enrollment options... plan year ends Aug 1St. I forwarded the proposal via email. This year's premium increases 1.4% if HMO is chosen and a 12.2% reduction if PPO is chosen. (Last year the renewal quote reflected no increase for the HMO plan and a 6.7% reduction for the BCBS Blue Option PPO) • Debbie Belcher has advised (along w/ Nancy Phillips) that the County and City have been approved for funding through the Hurricane Housing RecoveryProgram (Wilma) in the amount of $1.5 million. Of the allotted amount, County wide, 70% must be for housing rehabilitation (incl rehab, replacement, new purch) with the remaining approx 30% for other hurricane related infrastructure. The surface water diversion (Lympkin Creek) project in the SW section has been determined to be a top priority to get funding. • Railroad crossing at NW 9t'' Ay — In May we met with CSX and they are requesting maintenance compensation from the City, (ex. $1800/yr) for NW 9th Av crossing as they plan an improvement for that intersection. They indicated that the City might opt to mow r-o-w in lieu of paying and have since sent correspondence requesting same. I wrote a letter back and it has been attached hereto. • The storage building. SE of City Hall, is in dire need of repair and it was included in the budget. Continuing to gathering design info to bid and/or piecemeal the work. • City Council discussed mandating under -ground electrical installation at a previous meeting. Continue to work on appropriate Council action, but learned that Ft Pierce is not much further than the feasibility stage. Will confer with them and keep you posted. • George Dupont appeared at the Jan 3rd meeting requesting license for mobile vending `cart : Lane is waiting on some clarification from Atty Cook. Page 6 of 6 • • FIRE DEPARTMENT STATUS REPORT 7/13/2006 Mr. Whitehall FIRE DEPARTMENT Calls 64 total for the month of June (see report) Calls dropped of significantly during April but has steadily risen each month Meetings Conducted Officers Meeting for this department Attended required meetings for City Public Relations N/A Station and Equipment Engine 5 (reserve) has sprung a leak in the metal tank---- this will eventually get bigger and once this starts occurring it usually gets difficult to stop additional leaks. We normally try to retrofit engines with poly tanks. Presently, all trucks have poly tanks except Engine 5. We will need to decide whether to band aid this problem or think about a poly tank. Also, this engine is over twenty years old and actually should be close to retirement so I am not sure we should go the poly tank route. All other vehicles in service at this time as well as equipment. Training/Inspections Complete CO on Locals as far as the Fire Department is concerned Completed annual inspection on Wal-mart (took three inspectors and duty crew in two hours) Attended Bird Flu table top exercise for Okeechobee • • Personnel All Firefighters are working at this time. We have several contemplating leaving to other departments. We also, have several volunteers ready or near ready to cover these spots if vacated. Code Enforcement Waiting for Marvin Brantley to complete his work related to judgment last month Complaints and pro active cases are heavier this month perhaps due to the heavy rains causing vegetation to grow Code Officer Fred Sterling and I attended the Code Enforcement Conference in June Code Officer Sterling and Chief Smith have completed all three Levels from the State Coming up: I will be attending the Florida Fire Chiefs Conference on the 21' of July thru the 26`'. Print Date: 7/13/2006 Incident Report, By Type Of Incident Page 1 of 1 Okeechobee Fire Department Incident Date in 6/01/2006 to 6/30/2006 __ 1 2 100s Fire 300s Rescue & EMS 400s Hazardous -- Conditions(No fire) . 500s Service Call 600s Good Intent Call 700s False Alarm & False Call 900s Special Type Graphed Items are sorted by Incident Type Type Of Incident: Total Of Incidents: 100 Series -Fire 2 300 Series -Rescue & EMS 41 400 Series -Hazardous Conditions(No fire) 7 500 Series -Service Call 1 600 Series -Good Intent Call 4 700 Series -False Alarm & False Call 8 900 Series -Special Type 1 Grand Total: 64 Type Of Incident Most Frequent: 300 Series -Rescue & EMS Percentage Value: 3.13% 64.06% 10.94% 1.56% 6.25% 12.50% 1.56% Print Date: 7/13/2006 0 Okeechobee Fire Department 0 Incident Date in i/1C1/2006 to 6/30/2006 80 76 72 c 68 c c 64 as .0 E 60 z 4. 52 48 lb ti�Id, ti�S �, ti��0 Page 1 of 1 Plotted points on Graph read from left to right. Period: # of Incidents: January 2006 79 February 2006 72 March 2006 71 April 2006 51 May 2006 62 June 2006 64 Total Incidents: 399 Print Date: 7/13/2006 Incident Report, By Type Of Incident Page 1 of 1 27 Okeechobee Fire Department Incident Date in 1 /01 /2006 to 6/30/2006 ,a 16 3 30 276 100s Fire 300s Rescue & EMS 400s Hazardous -- Conditions(No fire) IE 500s Service Call 600s Good Intent Call 700s False Alarm & False Call 900s Special Type Graphed Items are sorted by Incident Type Type Of Incident: Total Of Incidents: 100 Series -Fire 30 300 Series -Rescue & EMS 276 400 Series -Hazardous Conditions(No fire) 27 500 Series -Service Call 9 600 Series -Good Intent Call 16 700 Series -False Alarm & False Call 16 900 Series -Special Type 3 Grand Total: 377 Type Of Incident Most Frequent: 300 Series -Rescue & EMS Percentage Value: 7.96% 73.21 % 7.16% 2.39% 4.24% 4.24% 0.80% • 700 600 500 400 300 200 100 0 City of Okeechobee, 2006 2005-2006 Dwelling Unit Increases 2005 2006 Years Old Dwelling Units/Acre- 0 New Dwelling Units/Acre • City of Okeechobee 2005-2006 Small Scale Amendments 05-001-SSA Wilson 05-002-SSA Nunez 05-003-SSA KMJ 05-004-SSA Altobello 05-005-SSA Tedders/Dyal 05-006-SSA Mossel 05-007-SSA Cook 05-008-SSA Goodbread 05-009-SSA Williams 05-010-SSA Wallace 05-011-SSA Goodbread 05-012-SSA Lewis 05-013-SSA Surface 05-014-SSA Stepping Stoi SF to MF withdrew - - SF to MF 0.321 approved 1 3 SF to MF 3.18 approved 13 32 SF to MF 9.9 approved 40 99 MF to COM 0.48 approved 5 0 SF to MF 1.033 approved 4 10 SF to MF 1.39 approved 6 14 COM to MF 0.491 approved 0 5 SF to COM 0.2 approved 1 0 SF to COM 0.17 approved 1 0 SF to MF 0.69 approved 3 7 SF to COM 0.321 approved 1 0 SF to MF 0.689 approved 3 7 SF to MF 0.656 approved 3 7 06-001-SSA Hester MF to COM 06-002-SSA Samms SF to IND 06-003-SSA CR Investments SF to MF 06-004-SSA Childs World SF to MF 06-005-SSA Simms SF to COM 06-006-SSA Fulleda SF to MF 06-007-SSA 06-008-SSA B & R Enterprises SF to COM 06-009-SSA Frazier SF to COM 06-010-SSA Insite SF to MF 06-011-SSA Sullivan SF to COM 06-012-SSA Altobello SF to MF 06-013-SSA Insite SF to MF 06-014-SSA Creech SF to MF 06-C1-001 H2O Holdings SF to COM 06-C1-002 Altobello SF to MF 0.344 2.06 0.516 0.688 0.327 0.332 0.52 0.25 9.33 0.48 9.89 9.195 2.313 21.14 32.97 approved approved approved approved approved denied approved approved approved approved denied (tabled) denied (tabled) denied up for Aug 1 8 2 3 1 0 0 5 7 0 2 0 1 0 37 93 2 0 40 99 37 92 85 0 132 330 City of Okeechobee Police Dept Jul-06 Dispatching Employment The Chief has been requesting consideration in hiring a full time dispatcher and recently I requested that the matter be reduced to writing (see attached Memo from Chief Davis) I also attached an organizational chart for the Police to assist in understanding the Dept needs. A review of current employees: Dispatchinq Wilson FT Mobley PT, interviewing w. County Gomez FT, expect fam medical leave (FML) in 2 to 3 months Wilkerson FT Records: Garcia FT Lanier FT (norm dispatch) (covering for O'Cain) O'Cain on FML to return in approx 30 days (but mentioned that they are leaving for Tenn. employment soon) Statistical need: Number of hours presently filled by parttime help: 24 hour coverage - 8760 (365 X 24hrs) 4 empl X fulltime - 8320 (4 X 2080) 440 manhours short Actual use 504 (see spreadsheet) 4 empl X leave - 384 (4 X 12 X 8hrs) 4 empl X sick 192 (4 X 6 X 8hrs) exp 2 Disp need 80 (10days X 8hrs, special occasions) records use 250 (approx) exp use 2 dispatch 670 (dayshift use, avail to made up full time position) total hours short 2080 Added benfit: difficulty in finding/keeping PT help / alleviation of parttime assistance availability of personnel/scheduling alleviation of overtime Attached spreadsheet reflects overtime attrib to dispatching Total overtime hours were 254 f/y to date (305 annualized) Added cost annualized - $ 10,377.00 $ 6,918.00 regular time $ 3,459.00 overtime (1/2 above regular) 0 0 City of Okeechobee Police Department Dear Brian, Our dispatch is currently, as it has been for well over 20 years, staffed by four persons who have to go through a lengthy training process in order to performs their duties. Each dispatcher get 96 hours of vacation time and 2 days of personal leave a year. This amounts to 480 hours a year. There are 168 hours in a week. The four dispatchers work 160 hours a week (4 dispatchers time 40 hours) this leaves an eight -hour shortfall. This brings the total annual amount of dispatcher coverage shortfall to 576 hours. This does not account for any additional training time, and it assumes that no one ever calls in sick, or worse leaves for other employment. It takes approximately 6-8 weeks to hire and train a new dispatcher. In todays work environment we are faced with the fact that we will almost always be hiring and training a new employee, be it a dispatcher, officer or other employee. We currently have one dispatcher out on the family leave act and will be having another one out in the near future. In the past we have been using our records clerk to cover any shortfalls in dispatch. These shortfalls this year have amounted to nearly a full time position. The records clerk's duties have also increased and we can no longer take her from her duties even the amount of time that is necessary to cover vacations and personal days, let alone sick time and covering when an employee leaves for other employment. We are faced with the same type of problems with our road patrol officers, and will need to address those issues at a later date. Our dispatch situation however has reached a critical point. We provide a 24-hour service all year. There is only one dispatcher working at a time, so when a dispatcher is out someone else has to come to work. The other dispatchers are either working or are on well -deserved days off. They don't mind working over when necessary but I can't allow them to work the equivalent of another full time position. Therefore, it has become necessary for me to ask for an additional dispatch position for the Police Department. This position will cover dispatch shortfalls when necessary. Since dispatch is only manned by one person at a time this dispatcher can also work during those times that we are extremely busy, i.e. parades, holidays and other special functions allowing us to have two dispatchers on duty during those times. The costs associated with this position are broken down as follows: SALARY 25,496.95 FICA 1,950.51 BENEFITS 456.56 RETIREMENT 2779.16 WORKERS COMP. 165.00 TOTAL: $ 30,848.18 50 S.E. Second Avenue • Okeechobee, Florida 34974 • 863/763-5521 • Fax: 863/763-7804 0 • I cannot stress enough how critical this position is for my Department. Your consideration is greatly appreciated. If I can provide any further information please let me know. Sincere Chief Dennis Davis Okeechobee Police Department Command Structure and Staff Chief D. Davis Major B. Peterson Lieutenant D. Hagan Road Patrol Division (supervised by Lt Hagan) Sgt. W. Hill SPt. T. Tamer Sgt. D. Wendt Sgt. V. Williams Ofc. S. Eddings Ofc. B. Reyna Ofc. D. Allen Ofc. R. Cale (recently quit) Ofc. J. Pickering Ofc. K. Muller Ofc. D. Green Ofc. J. Boon Disp. G. Wilson Disp. J. Lanier Disp. B. Gomez Disp. P. Wilkerson (wkg in records) (expect FML in 2-3mo) Disp. T. Mobley- Part Time Dispatcher (filling in for Lanier) (interviewing at Sheriff's office) Records Detective Division (supervised by Mai Peterson T. Garcia Det. B. Saum A. O'Cain (on FML) Det. B. Taylor (Lanier working) Det. J.P. Zeigler Det. M. Shireman-Narcotics Task Force (evening shift) July 13, 2006 • • Overtime spent for dispatchers Fiscal Year 2005-2006 .. '70;�K 6 � Em b gee 6 Pos&n Employee Name Total OT Hours Oct96er Pbjember December January Februarl March l M June Jul Au ust Di r arwa, Hal 44 $75D.22 $6DJ.38 $301.60 $202.06 $75.77 $0.0 $.0 $D.00 $D.00 531 Dispacher Lamr, JeannaP. 98 $513.36 W. $303,09 249.42 $V7.31 $0.00 0536 $322.03 $454.62 694 Dis ateber W1keTmn, Pam 39 $454.76 $415.01 $282.66 $188.44 $0.00 $0.00 $35.33 $D.00 $220.65 696 Dispatcher Wilsm,Glmda 61 $513.90 $446,66 $2282.66 $94.22 6441.29 $0.00 $36.77 $D.00 $0.00 536 Records Clerk 0'C* Avery 0 532 Dispatcher Gomez, Btsedi 4 $70.86 555 Partime Dispatcbm Mobley, Tomi 8 1;120.00 64 MONTHLY OVERTIME TOTALS 254 $2,33232 $2,066.37 $1,110.D1 1 $7X14 I$T44.371 W00 $413.07 $322.03 $795,27 $70.66 532 Partime Dispat Gomez, Bmndi 119.50 Reg $9D.10 $769.07 $339.20 $180.2D $169.60 555 Mobley, Tomi 394 Rag, $840.00 $Z000.00 _PaftimeDispa1 MONTHLY REGULAR HOURS WORKED & PAID 503.5 $OAD $90JOI SNOW $3391D WAO 6180.2D $169-60 $140.00 $2,000.00 $8.00 Total Hcurs Ularked as replacement 757.5 Grass OT $8,647.24 Dispatcher PT 54.388.17 \�y OF , 0 City of Okeechobee Bricn Whitehall Office of the City Administrator June 23, 2006 Leslie L. Scherr CSX Transportation 500 Water Street (SIC J-301) Jacksonville, FL 32202 RE: Maintenance — N-W 9d' Avenue Crossing, DOT #628055B, MRSX-90820 Dear Mr. Scherr, I am responding to your letter about the City's cost of S 1975, associated with NW 9`h Street maintenance agreement. As indicated in your letter, the City wishes to explore alternate alternatives associated with the cost and consider the following in our discussion: • As late as 2004, CSX paid the City S5200 to mow and maintain the same property. CSX cancelled that agreement as of December 31, 2004 with the concept that a new agreement would be negotiated for 2005. No Agreement was ever renegotiated. • As part of street maintenance, the City wishes to have the tracks removed on NW 2nd Street (from Hwy 70 to north of NW 2°d Street. This will help with road condition and cleanup. If the tracks cannot be removed, the road surface still needs to be addressed. In addition thereto, there needs to be track blocks installed to stop any car from running off the tracks. • NW 6`h Street intersection with RR crossing needs to be addressed as the surface is bumpy. • WE plan on removing the tracks at SW Park Street, as it is my understanding that CSX has abandoned same. • There is much debris on both sides of the track, particularly north and south of NW 6`" Street that needs to be removed, so that mowing can be accomplished and the area is no longer an attractive nuisance. The track area north of Hwy 70 also needs to be cleaned up. It's my understanding that DOT used the property in connection with the recent resurfacing project. Please plan to discuss these related issues when we can review the matter, at your convenience. B W/rb C: Donnie Robertson. DPWks; Oscar Bermudez, City Engineer Betty Clement, General Services Coordinator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686