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2007-05-01 Regular Meeting760 �y„OF:0 1 yG m ..4r7s15 . I. CALL TO ORDER - Mayor: May 1, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford; Jr. Council Member Clayton Williams 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. PRESENTATIONS AND PROCLAMATIONS. CITY OF OKEECHOBEE MAY 15 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Proclaim the week of May 13 -19, 2007 as "National Nursing Home Week." PAGE 1 OF 11 Mayor Kirk called the May 1, 2007 Regular City Council Meeting to order at 6:00 p.m In the absence of Reverend Weiss, the invocation was offered by Reverend Simpson 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 Absent Present Present Present Present Present Mayor Kirk proclaimed the week of May 13-19, 2007 as "National Nursing Home Week' and read the proclamation in its entirety as follows: "WHEREAS, our community's citizens now residing in nursing homes have contributed immeasurably to Okeechobee heritage over the years, and WHEREAS, Okeechobee nursing home residents are themselves living history, and WHEREAS, member facilities of the American Health Care Association and the Florida Health Care Association are sponsoring many activities in observance of National Nursing Home Week guided by this year's theme, `Treasure Our Elders" and which begins on Mother's Day, May 13, 2007. 1 1 761 MAY 1, 2007 - REGULAR MEETING - PAGE 2 OF 11 I� AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of May 13 -19, 2007 as "National Nursing Home Weep' continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 17, 2007 regular meeting. VI. AGENDA - Mayor. Proclamation continued: NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of May 13, 2007 as NATIONAL NURSING HOME WEEK in the City of Okeechobee and urge all members of this community to join in this year's National Nursing Home Week observance by visiting Okeechobee Health and Rehabilitation Center, recognizing the high quality of care that it provides." Ms. Sandy Perry, Vice President of the Okeechobee Health and Rehabilitation Center, and Mr. Andrew McKillop, Administrator of the Okeechobee Health and Rehabilitation Center were present to receive the Proclamation. Mr. McKillop thanked the Council and distributed a fact sheet in regards to the facility. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the April 17, 2007 Regular Meeting, seconded by Council Member C. Williams. There was no discussion on this item. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. 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. There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A. 1. a) Motion to defer proposed Ordinance No. 981 until a Council Member Watford moved to defer action on proposed Ordinance No. 981 until a recommendation is submitted recommendation is submitted by the Planning Board - City Planning by the Planning Board; seconded by Council Member Markham. Consultant (Exhibit 1). b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to defer proposed Ordinance No. 982 until a Council Member Watford moved to defer action on proposed Ordinance No. 982 until a recommendation is submitted recommendation is submitted by the Planning Board - City Planning by the Planning Board; seconded by Council Member Markham. Consultant (Exhibit 2). AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion. KIRK - YEA C. WILLIAMS - YEA COUNCIL ACTION - DISCU MARKHAM - YEA L. WILLIAMS - YEA MAY T, 2007 - REGULAR MEETING - PAGE 3 OF 11 ON -VOTE WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 983 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 983 regarding Future Land Use Map Future Land Use Map Amendment Application No. 07-007-SSA, Amendment Application No. 07-007-SSA, submitted by Gianinna Mitchell; seconded by Council Member L Williams. submitted by Gianinna Mitchell - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 983 by title only. Mayor Kirk read proposed Ordinance No. 983 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 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 COMMERCIAL (C); 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 Ordinance No. 983. Council Member Watford moved to adopt proposed Ordinance No. 983 seconded by Council Member L. Williams. b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 007-SSA submitted by Gianinna Mitchell, on behalf of property owner Jesus Silvas, forproperty located at 1001 Southwest 3`d Avenue, from Single Family (SF) to Commercial (C). The Planning Board reviewed the application at their April 19, 2007 meeting and recommends denial, as it was found to be inconsistent with the Comprehensive Plan. City Planning Consultant, Mr. Bill Brisson (of LaRue Planning and Management Services) briefly reviewed the Planning Staff Report recommending denial based on the following: Analysis: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which the City must establish compatibility criteria for adjacent land uses. 763 1 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. MAY 1, 2007 - REGULAR MEETING - PAGE 4 OF 11 COUNCIL ACTION -DISCUSSION -VOTE A. Consistency with the Land Use Categories and Plan Policies continued: The proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities. When approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses. The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Southwest 2"d Avenue). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. Ms. Bobbi Wilson, residing at 910 Southwest 3`d Avenue stated her objection. Mr. and Mrs. Hayes were present to support her objection. KIRK - NAY C. WILLIAMS - NAY VOTE MARKHAM - NAY L. WILLIAMS - NAY MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. WATFORD - NAY MOTION DENIED. A.1. a) Motion to read by title only and set May 17, 2007 as the final public Council Member Watford moved to read by title only and set May 17, 2007 as the final public hearing date for hearing date for proposed Ordinance No. 984, regarding Rezoning proposed Ordinance No. 984, regarding Rezoning Petition No. 06-005-R, submitted by H2O1dings, rezoning a 16.24+/- Petition No. 06-005-R, submitted by H2O1dings, rezoning a 16.24+/- acre of vacant unplatted land from RMH and Holding to CHV; seconded by Council Member L. Williams. acre of vacant unplatted land from RMH and Holding to CHV - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 764 MAY 1,'2007 - REGULAR MEETING - PAGE 5 OF 11 AGENDA COUNCIL ACTION:- DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 984 by title only. Mayor Kirk read proposed Ordinance No. 984 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARL YDESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THEZONINGMAPACCORD►NGLY; PROVIDING FOR CONFLICTS, SEVERABILITYANDANEFFECTIVEDATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 984. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 984; seconded by Council Member C. Williams. b) Discussion. This Ordinance amends the Zoning district from RMH and H to CHV for two vacant, unplatted parcels of land located North of East North Park Street (State Road 70 East, across from Royals Plaza). Legal description: A parcel of land lying in Section 15 Township 37 South, Range 35 East, Okeechobee County, Florida and being more particularly described as follows: Parcel A: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet. 20 inches West. 63.49 feet; thence North 00 degrees 16 feet 59 inches West. 250.90 feet; thence South 89 degrees 54 feet 49 inches West, 186.29 feet to the Point of Beginning; thence continue along said line South 89 degrees 54 feet 49 inches West, 674.15 feet; thence North 00 degrees 13 feet 56 West, 943.80 feet; thence North 89 degrees 10 feet 00 inches East, 336.67 feet; thence North 00 degrees 15 feet 28 inches West, 49.99 feet; thence North 89 degrees 9 feet 59 inches West, 336.64 feet; thence South 00 degrees 16 feet 59 inches East, 1002.57 feet to the Point of Beginning. Approximately 15.05 acres. Parcel B: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet 20 inches West 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet to the Point of Beginning; thence South 89 degrees fifty- four feet 49 inches West,186.29 feet; thence North 00 degrees 13 feet fifty-six inches West, 276.78 feet; thence North 89 degrees 2 feet 40 inches East, 186.30 feet; thence South 00 degrees 16 feet 59 inches East, 279.61 feet to the Point of Beginning. Approximately 1.19 acres. The petition was submitted by Craig Hackl on behalf of property owner(s) H2O1dings, LLC. There were 59 notices sent to the surrounding property owners. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their August 17, 2006 meeting and recommended approval. Several property owners were present at the Planning Board meetings and the transmittal hearing for the Large Scale Future Land Use Map Amendment relating to the same property. The surrounding owners were assured they would be advised of when the Final Public Hearing would take place on the rezoning since a date could not be given at the Planning Board meeting. Due to recent events with the Large Scale Application, the rezoning can now move forward. 765 MAY 1, 2007 - REGULAR MEETING - PAGE 6 of 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE I� VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. City Planning Consultant, Mr. Bill Brisson (of LaRue Planning and Management Services) briefly reviewed the Planning Staff Report recommending approval as follows: Summary: The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to East North Park Street (S.R. 70), in addition to the existing land uses of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to Comprehensive Plan requirements. CHV Zoning would be a consistent zoning should the applicant's request for the Commercial Future Land Use category be granted. The applicant has applied for a Large Scale Future Land Use Amendment and Staff did recommend for approval of that request as the proposed use and zoning are not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the CHV Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning should it be determined that the impacts are not too intensive for the surrounding area. 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. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV Zoning District. 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 and zoning should it be approved would not be a deterrent to the improvement or development of adjacent properties as should it be properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or any nuisance or hazard to the neighborhood. Should it be necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. 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. 766 MAY 1, 2007 - REGULAR MEETING - PAGE 7 OF 11 AGENDA COUNCILACTION- DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. Planning Staff Report continued: The proposed change, should it be granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning is consistent with the Comprehensive Plan and data and analysis shows that a commercial center is appropriate in the neighborhood. Mr. Brisson remarked that the Department of Community Affairs (DCA) approved the Comprehensive Plan Large Scale Future Land Use Map Amendment on April 12, 2007 for the same property. He also noted that the applicant has been notified that they can not have more than 200,000 square feet of commercial use (floor area of building). Council Member Watford asked whether setting conditions was allowed? Mr. Brisson replied that this condition is already stipulated in the Comprehensive Plan Future Land Use Element (Policy 2.6), it has just been brought to the applicants attention. It was discussed whether or not the motion and the Ordinance should be amended to add the DCA's limited maximum square feet stipulation. Since this is the first reading, Staff will have the opportunity to consult with Attorney Cook before the final hearing and the appropriate modifications will be made. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. B. Presentation of the 2006 Audit Report - Debbie Bradley, Hoyman Ms. Deborah Bradley, Auditor Director, of Hoyman, Dobson and Company, PA., presented and distributed copies of Dobson. the results for the 2005/2006 Fiscal Year audit. The following are highlights of financial activity for the year ended September 30, 2006: The City's total assets exceeded its liabilities by $14,901,540.00, and the City's total revenues were $7,005,165.00 compared to total expenses of $5,735,354.00 which resulted in a $1,269,811.00 increase in net assets. Ms. Bradley briefly reviewed: General Funds, $8.5 million this year, $6.8 last year, a $1.7 million increase, mostly in cash due to projects being completed and the receipt of reimbursements from grants; Liabilities, $489,505.00 this year, $135,303.00 last year, an increase at most to accounts payables for due invoices for road resurfacing; Fund Balance, Unreserved fund, this year $6.6 million, last year $5.5 million, an increase of $1.1 million; Revenues, $6.5 million this year, $5.9 million last year, $600,000.00 increase, mainly due to tax increase, an increase for property value and growth and an increase for electrical franchise fees, revenues exceeded expenditures by $98,105.00 from last year; Pension Trust Funds, contributions of $439,047.00, the market is at prime. For Internal Control over Financial Reporting no matters were noted that were considered to be material weaknesses. For Internal Control of Compliance, no instances or other matters were found to be required to report under Government Auditing Standards. Certain findings and recommendations were noted in the Independent Auditors Management Letter, dated March 27, 2007 as the following: 1. Journal Entries, the City does not have a system for documentation and approval of journal entries. MAY 1, 2007 - REGULAR MEETING - PAGE 8 OF 11767 [l 1 AGENDA IF COUNCIL ACTION- DISCUSSION - VOTE I1 VIII. NEW BUSINESS CONTINUED. B. Presentation of the 2006 Audit Report continued. C. Motion to adopt proposed Resolution No. 07-06 extending the moratorium on accepting applications for off -premises signs as provided in Resolution 07-04 - City Attorney (Exhibit 5). Audit Continued: Recommendation: the adoption of a policy whereby prior to entry in the accounting software, journal entries are formally prepared on a standardized worksheet with a full explanation and with reference to adequate supporting data. All entries should be initialed by the preparer and the individual approving them in order to attribute responsibility to the appropriate individuals. We further recommend the worksheets be maintained in a file in numerical order for easy access. 2. Expenditures in Excess of Budget, it does not appear the budget was monitored sufficiently to determine the need for transfers of funds within a department or the need to amend the budget to take into consideration the actual expenditures of the City. Recommendation: the City utilize the budget as a tool to compare actual to budgeted expenditures to enable consistent monitoring and control of the City's expenditures, thereby, insuring they are within the limits set by the City Council. Prior Year findings: 1. Credit Card Policy. The City does not have a written policy that provides guidance for the use of credit cards when employees travel on City business. Recommendation: the City implement a comprehensive written credit card policy consistent with applicable laws, ordinances, and other guidelines that complements the existing travel policy. Ms. Bradley thanked Mrs. India Riedel, Accounts Supervisor and stated it was a pleasure to have her on board. Council Member Markham thanked the staff for an excellent job, and Mayor Kirk remarked that it was a good audit. Council Member Watford moved to adopt proposed Resolution No. 07-06 extending the moratorium on accepting applications for off -premises signs as provided in Resolution 07-04; seconded by Council Member Markham. Mayor Kirk read Resolution No. 07-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, EXTENDING THE PROVISIONS OF RESOLUTIONS NO.06-10 AND NO.07-04 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OF APPLICATIONS FOR OFF -PREMISES SIGNS DESIGNED TO BE BILLBOARDS; PROVIDING AN EFFECTIVE DATE." This Resolution extends the moratorium provisions of Resolutions No. 06-10 and 07-04 until September 1, 2007 or until the City Council adopts an amendment to the sign ordinance, or until the pending litigation is resolved, whichever first occurs. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAY 1, 2007 - REGULAR MEETING - PAGE 9 OF 11 AGENDA COUNCIL ACTION:- DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. D. Discussion pertaining to a request from business owners in the Daniels Building for a sign to be placed to display each business name - Bobbi Poole (Exhibit 6). E. Presentation of Quarterly Report from Okeechobee Main Street - Maureen Burroughs. President. Ms. Bobbi Poole represented the business owners of the Daniels Building located on South East Park Street. They are requesting a sign to be posted on the corner of Parrott Avenue and Park Street showing all the businesses that are available on the block. Reason being, the new residents of Okeechobee are not familiar that the building is called the "Daniels Building," and they are not familiar with the area for other land mark or street directions. The business owners feel that a visual sign would assist newcomers with locating the businesses. Ms. Poole had checked for visibility blockage and believes that the sign would not block the view of those driving on Parrott Avenue. Administrator Whitehall researched the Code Book and could not find any Section to permit this request, as it would allow private for profit businesses to advertise within a City right-of-way. Mayor Kirks concern was should this be granted, then other businesses will be requesting the same, which will cause an over abundance of signs along the roads. Council suggested that they consider other options to promote their business, or find a way to post their signs on their own property and within the sign regulations. Maureen Burroughs, Okeechobee Main Street (OKMS) President, reviewed the 2nd Quarterly Update 2007 as follows: What Have We Done? First Annual Juried Arts Fest; One thousand dollars($1,000.00) scholarship, there are two recipients: Fifth Annual Top of the Lake BBQ; Rip Van Winkle Children Show at the schools: Luncheon for Congressman Tim Mahoney in conjunction with the First County Fair; Spring Newsletter; Second grant for the old jail, due in May 2007; Applied for three thousand dollars ($3,000.00) grant from Target for Art Fest 2008; Received a grant from Lowe's for twenty five thousand dollars ($25,000.00) to begin Courtyard Park Project; Design Committee has secured services of Rudd Jones & Associates to begin the architectural design for the courtyard project; Began the process of developing an Arts League/Council with assistance from the State Division of Cultural Affairs; Met with Bonnie Dearborn, Southeast Florida Regional Preservation Office regarding the old bank building, will be meeting with owner and State Representative in near future; Completed the State Quarterly Report - OKMS has volunteered 2393 hours, in -kind contributions of four thousand seven hundred sixteen dollars and ninety-five cents ($4,716.95) to OKMS and Okeechobee; Conducted meeting with CXS Railroad Representative, received confirmation of interest in donating station and leasing land; Established five new business members - total membership now 89 businesses and 38 individuals; Provided volunteer services for First Annual County Fair; Second mural has been started on Robinson Building; Muralist has been selected for third project on the Embarq Building. What's Next? Adopt a Median Program in conjunction with Florida Department of Transportation, workshop in July; Development of plan for securing funding for Courthouse Park, grants, private and public monies; Okeechobee Beautification Fun Shoot; Established Second Top of the Lake Art Fest for February 23`d and 24`h of 2008; Planning Sixth Annual BBQ; National Day of the Cowboy event on July 28, 2007. The Profit and Loss Statements for October 2006 through March 2007 were also distributed. Council stated their appreciation for the quarterly updates. There was no official taken on this item. MAY 1, 2607 - REGULAR MEETING - PAGE 10 OF 11 " 6 9 AGENDA Vill. NEW BUSINESS CONTINUED. F. Consider request for a cattle drive down State Road 70 to the Agri Center on July 28, 2007 in honor of "National American Cowboy Day' - Bill Phares, Okeechobee Cattlemen's Association. G. Motion to ratify the re -appointment of Robin Brock to the City General Employees and OUA Pension Board of Trustees. term beginning January 1, 2007 and ending December 31, 2009 - City Clerk. H. Motion to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 7). COUNCIL ACTION - DISCUSSION - VOTE Mr. Bill Phares, of the Okeechobee Cattleman's Association presented his request to the Council, stating that President Bush has designated the Fourth Saturday in July as the National Day of the Cowboy. The first national day of observance was July 23, 2005. The Okeechobee Cattleman's Association would like to honor our local cowboys and share our heritage by celebrating "National Day of the Cowboy" on July 28, 2007. One of the activities scheduled for this event is to reenact a cattle drive. The cattle will be driven by experienced cowboys of the Cattlemens Association and the Sheriff's Department posse'. The Seminole Indians are providing the Corrientes Cattle, which have been on cattle drive reenactments and are accustomed to traveling on pavement. The cattle drive will begin at West North Park Street, proceed Eastward along North Park Street through the City to the County Ag Center. Mr. Phares met with Sheriff May, Police Chief Davis and the Department of Transportation (DOT) to request the road be closed for this drive. It will be approximately one hour and will start at 10:00 a.m. The Council stated their support of this event and instructed Staff to continue to coordinate with Sheriff May and DOT to work out the necessary details and bring back to Council for final approval Council Member Watford moved to ratify the re -appointment of Robin Brock to the City General Employees and OUA Pension Board of Trustees, term beginning January 1, 2007 and ending December 31, 2009, seconded by Council Member Markham. Clerk Gamiotea explained that Ms. Brock was elected by fund members, but the appointment is to be ratified by Council. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement between the City and the County; seconded by Council Member L. Williams. There was a brief discussion regarding the concern of whether this agreement is implementing the City to collect the Fire Impact Fee along with the EMS Impact Fee. The fees have been categorized into two categories, one being Fire one hundred seventy thousand dollars ($170,000.00) and the other being EMS, seventy-four thousand dollar: ($74,000.00). Ma or Kirk instructed Administrator Whitehall to meet with Mr. Walter Keller for clarification or the EMS/Fire Rescue Impact agreement. 770 MAY 1, 2007 - REGULAR MEETING - PAGE 11 OF 11 �I AGENDA' I COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. H. Motion to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement continued. Motion to approve the Road Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 8). J. Motion to approve the Corrections Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 9). 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. Ci Clerk media is for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane' amiotea, CM , City Clerk s Council Members Watford and L. Williams withdrew the motion and the second motion. This item has been postponed until Staff can clarify the City will not be collecting Fire Impact Fees from City residents. Council Member Watford moved to approve the Road Impact Fees Interlocal Agreement between the City and the County; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the Corrections Impact Fees Interlocal Agreement between the City and the County; seconded by Council Member L. Williams. Council Member C. Williams asked when this Interlocal Agreement will be in effect? Administrator Whitehall replied. ninety (90) days after the approval from the Department of Community Affairs. The effective date should be in July, 2007. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:40 P.M. The next regularly scheduled meeting is May 15, 2007. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of Cily Council Meeting PO #13363 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 04/27/2007 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeech(i')ee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement-, and affiant fu 1her says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. L Jame�A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this c`T �Jt, _ day of A.D. 2007 (SEAL) lc - Notary Public d ,.)ljseaiee A. Brennan =�^l ` ommission #DD318483 Expires: Jun 25; 2008 BondedThlu Atlantic Boadina Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN thin the Cin CauncJ of the City of Oja, chohec mill inert in Regular Sauian on Tuesday. 'r'1a) 1. 2007, 6:00 P.n,. at Cin Hall.» SE _rd Ale. Rn, 300. Okarchohee. Florida. The Public is iced and rncouraged n, mound. Fur a copy of the "'end' contact Coy Administrmion at (S6,) 76i-3;72 1 212. PLEASE TAKE NOTICE AND BE ADVISED that If any Person desires to appeal any decision .Wade by the City Council whh respect to any manor considered u, this meeting. such intrrested person will need a record of Ili toproceedings. and for such purPos Y ensure a verhatitn record of the Proceedings is made, which record includes the testimony and evidence upon which the aPPeal is to be teased. Tapare used far the sole Purpose of back-up Tar" for the Clerk=s Office. In accordance with the Americans with bdites Act DFloridaS tame 29626.iabiliteeedinarwcial ommn,dau„npertinpute in dos ptnceedmg ,I Id cas Lunr Ganfunea, no I,— than I w1urk ino ,.i1, p�i�`r nthe PLi,ecKti,n_r s 86:-763-;172 z ' 11. if vuu are heanne or v r impaired. call TDD 1-800-'-2'-3=18 (")ice) or l-SS8 �147-5620 (FTY). by. lames E. Kirk, Mayor Lane Ganuotea. CMC, City Clerk Publish040-712007 Okeechobee Tin," Page -1' CITY OF OKEECHOBEE - May 1, 2007 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, May 1, 2007 City Council Regular Meeting 6.00 p.m. II. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss Church of Our Saviour: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. 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 v' IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk proclaimed the week of May 13-19,2007 as "National Nursing Home Week' and read the proclamation in its entirety as follows: WHEREAS, our community's citizens now residing in nursing homes have contributed immeasurably to Okeechobee heritage over the years; and WHEREAS, Okeechobee nursing home residents are themselves living history; and WHEREAS, member facilities of the American Health Care Association and the Florida Health Care Association are sponsoring many activities in observance of National Nursing Home Weekguided by this year's theme, `Treasure Our Elders" and which begins on Mother's Day, May 13, NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of May 13, 2007 as NATIONAL NURSING HOME WEEK in the City of Okeechobee and urge all members of this community to join in this year's National Nursing Home Week observance by visiting Okeechobee Health and Rehabilitation Center, recognizing the high quality of care that it provides. a �, V. MINUTES - City Clerk. A. Council Member - moved to dispense with the reading and approve the Summary of Council Action for the April 17, 2007 Regular Meeting, seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED RRIED. _ Page -2- I. AGENDA - Mayor. A. Requests for the addition, deferralor withdrawal of items on today's agenda.- VIL MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1 .a Council Member �� moved to defer proposed Ordinance No. 981 until a -recommendation is bythe-P1ann+ngBoard -City Pfanning-CwstAtant{Exh4Wtl}seconded - by Council Member iYl - b)_ Vote_ on motion. VOTE YEA NAY ABSTAIN ABSENT _ KIRK - -- / - - C. WILLIAMS MARKHAM WATFORD '! L. WILLIAMS MOTION: DENIED/ �MED� B.-1-.a) Council Member _ �w moved- to-.defer_proposed- Ordinance No. 982untif-a - recommendation is submitt d by the Planning Board -City Planning Consultant (Exhibit2); seconded - - by Council -Member _ - WATFORD- - - L.-VM-LIAMS MOTION: DENI ARRI C. 1. A,)Coundl_Member 1� moved. to read_ - ---- - b"e-.o* proposed Ordinance hlo__983- - -- - ------ regarding Future Land Use map Amendment Application No. 07-007-SSA, s bmitted by Gianinna - - - MitcheA-City<Planning Consultant(Ex#Ibit3) seconded-byCouncIlMember - ---- - _--- - - --b)-- -Vote on -motion to read by title- only. VOTE YEA NAY ABSTAIN ABSENT - - -- C. WILLIAMS MARKHAM- - WATFORD L. WILLIAMS - -- - - - -- MOTION. -D proposed-Otmance . onty as fcdows: -A ORWANCE OF THE_ - - CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVE PLA&v, ORDINANCE NO. 635AS AMENDED, BY REV/S/NO_THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED_FUTURE LAND -USE M PIN T-HE-COMPREHEU%W PLAN; - PROVIDING-F4OaAN -- - EFFECTIVE DATE." Page -3- 2. a) Council Member (v i , moved to adopt proposed Ordinance No. 983 seconded by Council Member U b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas for property located at 1001 Southwest 3rd Avenue, from Single Family (SF) to Commercial (C). The Planning Board reviewed the application at their April 19, 2007 meeting and recommends denial, it was found to be inconsistent with the Comprehensive Plan, The Planning Staff Report recommends denial based on the following: Analysis: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan, Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. The proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities. When approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses. The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Southwest 2nd Avenue). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. The Planning Board moved to find Comprehensive Plan Map Amendment Application No. 07-007-SSA inconsistent with the Comprehensive Plan, and recommends denial to City Council. m 4 At - c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILI,IAMS--� MOTION: ENI€ ARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. Page -4- VIM NEW BUSINESS. \ - _ A.1. a) Council Member -_-moved-to read by title only and -set May 17, 2007 as the final public - hearing date for proposed Ordinance No. 984, regarding Rezoning Petition No. 06-005-R, submitted - - - by H2Oldings, rezoning a 6.24+/--acreof vacant unplatted land from MH and Holdingto-CHV -City Planning Consultant (Exhibit 4); seconded by Council Member b) Vote on motion_ to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS v _MARKHAM WATFORD L. WILLIAMS 6,,' - - - - - MOTION: DENIED CRI�E c) Attomay-6eek read proposed Ordinance -No. 984 by title -only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING_A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED-HEREhV_ FROM RESIDENTIAL MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICT TO HEAVY - EOMM€RaAL-XHV}-ZONING -DISTRICT, - AMEND/NCv THE-ZONING---NAP-ACCORDtNGL y, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.,, 2. a) council Member ��i move to approve the first reading of proposed Ordinance - - - No, 984; seconded by Council Member - b) Discussion. TNsOrdinance-amends-the Zoning designation 4rom-RMH and fito-CHVfor-vacantunplattec[-property located North of East North Park Street (State Road 70 East, across from the Post Office). Legal description: A parcel of land lying in Section 15 Township 37 South, Range 35 East_, Okeechobee - County' and being more particularly described as follows: Parcel l : Commence at the Southeast corner of said Section 15;_thence along the South -line of said -Section 15, South-a9 degrees 2 feet-40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet, 20 inches West, 63-49 feet, thence North -OD degrees -16-feet-59inches West,-250.90 feet; 4hence South 89 degrees 54-feet- 49 inches West, 186.29 feet to the Point of Beginning; thence continue along said line South 89 degrees 54 -- _ - feet 49-inches-West, 674.15-feet; thence North 00 degrees t3-feet56 West; 94380fieet; thence North 8g- - degrees 10 feet 00 inches East, 336.67 feet; thence North 00 degrees 15 feet 28 inches West, 49.99 feet; - thence forth 89-degrees�9 feet 59-inches-West, 33-664 feet; thence South 00 degrees 16 feet 59 inches East, 1002.57 feet to the Point of Beginning. -_Approximately 1.5.0.5 acres. Parcel 2: Commence at the Southeast corner of said Section 15; thence South along the South line of said Section 15, South 89 degrees 2 feet 40 ----- - ----_inches_West-4K26-feet to apointon the -South line -of gestien-15;�hense Non,4W degrees-57- t2afnehes West, 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet to the Point of Beginning; ---tbeneo,-South-89- degrees 54-#eet 49 inches West, t86.29 feet; thence North 00 degrees-16-feet %inches - c West, 276.78 feet; thence North 89 degrees 2 feet 40 inches East, 186.30 feet; thence South 00 degrees 16 - ee me es ast, 279 61--feet to the -Point of Beginning. Approximately 1.19 acres. The petition was submitted by Craig Hackl on behalf of property owner(s) H2Oldinys LLC._There were_59-notices sent the __ - _-- -- - surrounding property owners with no response to date. The property was posted with a sign advertising the requestof_the-rezoning,-dates-and times otboth the-Manning-Boardand-City-Councilpublis-hearings-The- $Y Planning Board reviewed the application at their August 17, 2006 meeting and recommended approval. Planning Staff Report Summary: ,f t c- r Ce l - B. PrOWnfalion ofithe20-M-audit Report- Debbie Sra-dieyHoyman Dobson - -- - r C) ul aL, wL L Ok C -- ----- ----- Page -7- C. Council Member moved to adopt proposed Resolution No. 07-06 extending the moratorium on accepting applications for off -premises signs as provided in Resolution 07-04 - City Attorney (Exhibit 5); seconded by Council Member ` rn A#k read Resolution No. 07-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, EXTENDING THE PROVISIONS OFRESOLUTIONS NO. 06-10ANDNO.07-04 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OFAPPLICATIONS FOR OFF - PREMISES SIGNS DESIGNED TO BE BILLBOARDS, PROVIDING AN EFFECTIVE DATE." Vote on motion. MOTE YEA NAY ABSTAIN ABSEN KIRK v C. WILLIAMS MARKHAM WATFORD L. WILLIAMS v MOTION: DENIE ARRIED ' D. Discussion pertaining to a request from business owners in the Daniels Building for a sign to be placed to display each business name - Bobbi Poole (Exhibit 6). r E ;� f ryL a p I '� 'n i C �a c-T nq s �( Page -9- F. Consider request for a cattle drive down State Road 70 to the Agri Center on July 28, 2007 in honor of "National American Cowboy Day" - Bill Phares, Okeechobee Cattlemen's Association. ILI+ l C 1� Cf C------------- 70 i S � 4-t J C 6 Ca C !,k�LL 4- �C ►� j C E�-C C % C� CCC _ >/ �C� CC"� CSC C� CC�CJ Page -11- I. Council Member moved to approve the Road Impact Fees Interlocal Agreement bet een the City and the County - City Administrator (Exhibit 8); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD v L. WILLIAMS v MOTION: DENIEDCRRIED: J. Council Member moved to approve the Corrections Impact Fees Interlocal Agreement between the Gity and the County - City Administrator (Exhibit 9); seconded by Council Member ' n Vote -on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK I- C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/C RIED. XI. MAYOR KIRK ADJOURNED THE MEETING AT P.M. Page -1- CITY OF OKEECHOBEE - May 1, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, May 1 2007 City Council Regular Meeting 6 00 p m IL OPENING CEREMONIES: Invocation iven bv r :-ss, Y g Church of Our Saviour; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Ahim ant Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. 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 IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk proclaimed the week of May 13-1 W007 as "National Nursing Home Week' and read the proclamation in its entirety as follows: WHEREAS, our community's citizens now residing in nursing homes have contributed immeasurably to Okeechobee heritage over the years; and WHEREAS, Okeechobee nursing home residents are themselves living history; and WHEREAS, member facilities of the American Health Care Association and the Florida Health Care Association are sponsoring many activities in observance of National Nursing Home Week guided by this year's theme, `Treasure Our Elders" and which begins on Mother's Day, May 13; NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of May 13, 2007 as NATIONAL NURSING HOME WEEK in the City of Okeechobee and urge all members of this community to join in this year's National Nursing Home Week observance by visiting Okeechobee Health and Rehabilitation Center, recognizing the high quality of care that it prov'p'es. 3 / V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the April 17, 2007 Regular Meeting, seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS �✓ MOTION: DENIEI%CARRIED Page -2- VI: AGENDA - Nbyor.- --- A. Requests for the addition, deferral or withdrawal of items on today's agenda. - l _ - r _ - VII: MAYOR -KIRK OPENED THE -PUBLIC HEARING FOR ORDINANCE ADOPTION AT j; -L P.M. A.1 .a) Council Member._ �`, J t^� �_ moved to defer�preposed Ordinance No. 981 until a _ recommenda iorrissubmit db . e Pl nni"ard--Gity-Wannhg-Consu tart Exhibit }; seconded - by Council Member f - - b) Vote on motion. - --VOTE YEA -NAY---ABSTAIN AB -SW - -- --- - KIRK _ - C. WILLIAMS - - MARKHAM WATFORD L. WILLIAMS -- _ - MOTION: DENIED/ ARRIED. B. 1' ) Council Member __ ' ; - moved to defer proposed Ordinance_ No. 98 ntil a recommendation is su mite y t e Planning Board - City planning Consultant (Exhibit ; 9 ( ibit 2); sec ded by Council Member {-G= „- - - - b) Vote on -motion. VOTE YEA NAY ABSTAIN ABSENT C. WILLIAMS WATFORD - L. WILLIAMS- MOTION: DENIE CARRIED C._1.a L.ouncil-Member ' moved -tar ' ead by�+tlev*-proposed-Ordinanee Ne: 983 _ - - regarding Future Land Use hiap Amendment Application No. 07-007-SSA, sub led by Gianinna -- - --M+teheN-CCityPlannirtg C-Onsuft R4Exhf *3f, secondodbyCourfcitMei ber -b) Vote On -men to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK-C. WILLIAMS MARKHAM - - - - - - - _.WATFORD_ L. WILLIAMS- -- -MOTION:- DENIEDO - , e) xead proposed Ordinance No. 983 by title only as follows: "AN ORDINANCE OF TH CITYOFOKEECHOBEE, FLOR/DAAMEND/NG_THEC/TYOFOKEECHOBEErDUPREHENSLVE-_ _ _ PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON -- - _ - - - -----A CERTAIN-IR4CT_OF-LAND_MORE-pARTXULARL-Y-,0ESCR/BE-D_,HERE-Il1FFR0M-SINGLE- FAMILY (SF) TO COMMERCIAL C ; -REVISED-FUTURE�-LANDL-USE -M P-� �E- C--OMPRE R 1� S1 F ORDINANCE -Aiv EFFECTIVE DATE. OR -AN-- ---- _ - _ 2. a Council Member ,� _ ) moved to adopt proposed Ordinance No. 983 seconded by - - Council Member i - - - Page -3- b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas for property located at 1001 Southwest 3'd Avenue, from Single Family (SF) to Commercial (C). The Planning Board reviewed the application at their April 19, 2007 meeting and recommends denial, it was found to be inconsistent with the Comprehensive Plan. The Planning Staff Report recommends denial based on the following: Analysis: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. The proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities. When approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses. The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Southwest 2Id Avenue). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. The Planning Board moved to find Comprehensive Plan Map Amendment Application No. 07-007-SSA inconsistent with the Comprehensive Plan, and recommends denial to City Council. Y c) Vote on motion VOTE YEA NAY ,ABSTAIN ABSENT KIRK , r. C. WILLIAMS MARKHAM WATFORD L. WILLIAMS. MOTION. DENIED/BAR CD, MAYOR KIRK CLOSED THE PUBLIC HEARING AT ^ V r� P.M. Page -4- VIII. NEW BUSINESS. A.1. a) Council Member i ` L _ moved to read by title only and set May 17, 2007 as the final public hearin date for 9 prodsed Or i d nanoe-Rio. 984, regarding Rezoning Petrtton-No.-06-005-11, _ submitted by H201dings, rezoning a 16.24+/- acre of vacant unplatted land from. H and Holding to CHV = City Planning Consultant (Exhibit 4); seconded by Council Member = " b) Vote on motion to read by title only. - - VOTE_ __ YEA- NAY ABSTAIN___ ABSENT KIRK C_WILLIAMS - MARKHAM WATFORD L. WILLIAMS MOTION: DENIE C RIED. --- - --- - - - c) read proposed Ordinance No. 984 by title only as follows: "AN ORDINANCE OF THE -- -CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL-ZONINGMAP OFOKE€£HOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, - - - FROM -RESIDENTIAL MOBILE HOME-(RMH) AND HOLDING -"ZONING -DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROWDtWFOR CONFLICTS, -SEVERABILITY AND ANEFFECTIVE-DATE."- - - A. 2. a)uncil Member No. 984,-seconded by. Council - - - _ moved�,o approve the first reading of proposed Ordinance -Member 1 A,. _- Page -5- commercial uses are allowed and authorized under the CHV Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning should it be determined that the impacts are not too intensive for the surrounding area. 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. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV Zoning District. 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 and zoning should it be approved would not be a deterrent to the improvement or development of adjacent properties as should it be properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or any nuisance or hazard to the neighborhood. Should it be necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. 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, should it be granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning is consistent with the Comprehensive Plan and data and and analysis _ shows that a commercial center is appropriate in the neighborhood. Recommendation: Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. rti `ul.lJt 14 A'..lr �'-y.�. i' i,s_ �k ._ i . " � ` - 4 �` _-L".v �,.— t � � j;':t./S. � �! . ..c `�,1 f � t•'y-.i,[�/[+: i `jA� � t' [,,�f�rp c) Vote on hiG otion. VOTE YEA NAY ABSTAIN ABSENT KIRK,; . C. WILUAMS -X . f MARKHAM FORD WAT ' .r: ;�,-�`� _4.,� ; .'j 'fit ,(•�,: i�� i L. WILMS MOTION DENIE D//CARRIED r , - Page -6- B. _ Presentation of the 2006 Audit Report - Debbie Bradley, Hoymgn Dobson. i 4,'41 a X rat }fir1, j �. ��.✓ w ?_ j_. r l _ 1 q 4?fY;.I.c� a ,r j rC -Y�i- �...,I. L. yt,;t.1-:) t/�1 l\ t~.-1. 1r�':t.-iF1. �•J( ^.i l� a - f — n �„ r � y a� _ -�_ 77 y��jj(ttrr -- jr � S 1� g ) 1i Y r i ! i, 1 �� , Ili, �'✓V��.,% -�" .. .'._ . ,?.,�� `_ ��{� :il.t, M ' i r _ — - - - - ---- - - Page -7- C. Council Member L _ moved to adopt proposed Resolution No. 07-06 extending the moratorium on;_eccepting applications for off-premis, s signs as provided in Resolution 07-04-City Attorney (Exhibit 5); seconded byCouncil Member_-;{',��.:� iy ok read Resolution No. 07-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, EXTENDING THE PROVISIONS OFRESOLUTIONS No. 06-10AND N0.07-04 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITYOFAPPLICATIONS FOR OFF - PREMISES SIGNS DESIGNED TO BE BILLBOARDS, PROVIDING AN EFFECTIVE DATE." i Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD ! L. WILLIAMS�'f MOTION: DENIEDIP�/�RRIED Page -8- D. Discussion pertaining to a request from business owners in the Daniels Building fora sign to be placed - to display each business -name - Bobbi Poole (Exhibit_&). r :. I h I l / jj - 1 ' tram, __ -. .-_ ! ��/4 L.•_,( �„r,-�iS- .. fC.."!"C� � j' / Y/li ?21X.` 1 �.' � � I t � L f � /��J �� rr �y , s l / l r A r , s r f - f � n r t ' , rL -7 p, 1 ''r j� I4. ��<� ✓j.�'�� 44 r , ' 1� ,. c ' , i/ L f� -- - j /p t Page -9- E. Presentation of Quarterly Report from Okeechobee Main Street - Maureen Burroughs, President. Al IV. YA _411 Ar I 4 )Lj' Page - 10- F. Consider request for a cattle drive down State Road 70 to the Agri Center on July 28, 2007 in honor _ of "National American Cowboy Day" --Bill Phares, Okeechobee Cattlemen's Association. SL �t f 7 _ I d+ t` ��..� i.. ltj 1 r�k-�._4..". r ! it Vc • P , t ' r ( � r t r 'l i J ) r r i � `•{L r 1 , r r , i 1 A r Y r 1 } h � n I r l 14— —it 4r_, j{ tt ! ff r �:.. I � r �x f fit, rr,_ : z w� • �' �1 k , t ! % r r r` v —LAP ` �.��_r Page -11- G. Council Member t .10 rL k . moved to ratify the re -appointment of Robin Brock to the City General Employees and 0 A Pension Board of Trustees, term begin ►�'ng January) 2007 and ending December 31, 2009 - City Clerk; seconded by Council Member ? AJ� Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. H. Page -12- Council Member iik - - �- moved to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement,be weea the Uy and theCounty- City Administrator{Exhi[W7j; seconded by Council Member�� j, � Page - 13- I. Council Member moved to approve the Road Impact Fees Interlocal Agreement !and the County - City Administrator (Exhibit 8); seconded by Council bqtwee ; n the he Citi Member (��v I Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED*RRIp,. IV. a CITY OF OKEECHOBEE MAY 1, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: May 1, 2007 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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 PRESENTATIONS AND PROCLAMATIONS. A. Proclaim the week of May 13 -19, 2007 as "National Nursing Home Week." MINUTES - City Clerk. PAGE 10F 3 A. Motion to dispense with the reading and approve the Summary of Council Action for the April 17, 2007 regular meeting. 1, 2007 PAGE 2 of 3 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 defer proposed Ordinance No. 981 until a recommendation is submitted by the Planning Board - City Planning Consultant (Exhibit 1). b) Vote on motion. B.1.a) Motion to defer proposed Ordinance No. 982 until a recommendation is submitted by the Planning Board - City Planning Consultant (Exhibit 2). b) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 983 regarding Future Land Use Map Amendment Application No. 07-007-SSA, submitted by Gianinna Mitchell - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 983 by title only. 2.a) Motion to adopt Ordinance No. 983. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set May 17, 2007 as the final public hearing date for proposed Ordinance No. 984, regarding Rezoning Petition No. 06-005- R, submitted by H2O1dings, rezoning a 16.24+/- acre of vacant unplatted land from RMH and Holding to CHV - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 984 by title only. 1, 2007 PAGE 3 OF 3 Vill. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 984. b) Discussion. c) Vote on motion. B. Presentation of the 2006 Audit Report - Debbie Bradley, Hoyman Dobson, C. Motion to adopt proposed Resolution No. 07-06 extending the moratorium on accepting applications foroff-premises signs as provided in Resolution 07-04 - City Attorney (Exhibit 5). D. Discussion pertaining to a request from business owners in the Daniels Building for a sign to be placed to display each business name - Bobbi Poole (Exhibit 6). E. Presentation of Quarterly Report from Okeechobee Main Street - Maureen Burroughs, President. F. Consider request for a cattle drive down State Road 70 to the Agri Center on July 28, 2007 in honor of "National American Cowboy Day" - Bill Phares, Okeechobee Cattlemen's Association. G. Motion to ratify the re -appointment of Robin Brock to the City General Employees and OUA Pension Board of Trustees, term beginning January 1, 2007 and ending December 31, 2009 - City Clerk. H. Motion to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 7). Motion to approve the Road Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 8). J. Motion to approve the Corrections Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 9). IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, 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. .�-3 f } T✓� �# -fib N ��t'- - 1' r 'iq k t ?'a.v.. WAIIN Office of tf a Mayor O%eecbobee, Ff ori6a YEWEAS our conrnlunity s citizens now residing in nursing � contributed hffmasurablJr to 4wclobee ljeritage over tte years, and 7y 4eec;4odoee nursin9lioine residentsare t! m �l�l�! sand JMAS, ymem&r acilrties of t ie Aynerican HWAl Cdre Association and 44 .Florida Heel Care Association are spronsoring nlanJr activities in observance of NationalNurs*g Horne Weer guided 6Jr t*Sjwr's t ems '�'rer�sure Our Elders" and nlji Arms on Motivr's Day, MaJr 13 2007 NO W THEREFOR I James E. Kir� hy virtue olt�e au44ork vested in nee as Mayor of the City of ()6 ewjcA?46, Florida do lereh proclahff t�e hmeek of �* may 13 2opo7as NATIONAL ArURSINGHOME WEE * tlx ck of Okeecand urge allmem&rs of 4 s coMMIfitJr to join in tlis Jrear's NationalNurshng Horne Week observance hy visiting Oke A4w Healo and Rel�AAtation center, recognizhng t,4e lgy ,# itJr of care t. at it provides,,,- t In lyitmw xAmeof I�am lope tdset. ss � Almd and m ssed gks "ho A. ' a ff KhlM ti Lane Ga CAI Okeechobee Health Care Facility 1646 Hwy 441 N Okeechobee, FL 34972 (863) 763-2226 Okeechobee Health Care Facility, 1646 Hwy 441 N, is located just south of Raulerson Hospital. It is one of Okeechobee's greatest and least -known assets. Built twenty-two years ago by local residents, Faye and Jack Williamson, the facility has been expanded over the years to its present size of 173 beds. Okeechobee Health Care Facility provides care for a broad cross-section of disabilities for seniors. There is sub -acute and skilled care, long-term care, and a secured area that provides safety for Alzheimer's and residents with dementia. The facility has an excellent therapy department which includes: Speech Therapy, Physical Therapy and Occupational Therapy. The average length of stay for rehabilitation patients on the subacute skilled unit is 22 to 24 days. Approximately 88% of all admissions are discharged back to their community residences. Medical care is provided by physicians from Raulerson Hospital. The facility's building is ranked the 2"d safest in Okeechobee, with the county health department building being the safest. There is a disaster plan which covers various events that could occur. The building has a double sprinkler system and two emergency generators. Also, there is sufficient food and water available on -hand at all times for staff and residents for a week's operation. In addition to being a highly rated 5-Star facility, Okeechobee Health Care Facility employs 225 employees and contributes a significant economic benefit to the city and county. Local businesses and vendors supply much of OHCF's required needs. While the facility operates at near capacity, local residents are referred to the facility from Raulerson and hospitals on the East and West coasts. OHCF has a devoted and compassionate staff which provides care for the frail elderly. Stimulating activities are also available for residents including art classes, crafts, hand -bell choir, exercise, karaoke, singing, pet therapy, Bingo, baseball, volley ball, board games, and a resident computer for Solitaire and email. In addition, local churches and individuals provide wonderful services and entertainment for the residents regularly. 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 Comity, Florida, that the attached copy of advertisement, being a . _. - W, HIME's � M � in natter of Od t� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Affiant Luther says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. before me this A,D.20 0- State of Florida at Large PUBLIC NOTICE CONSIDERATION OF ADOPTING ��p pKE Npn�E fat the CA CITY ORDINANCE on Tue ay May 1, 2007 at 6:00 Colma of thud o�Okeecl ee,Adda w , m.. or as soen a er po �f �, 55 SE 3d Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thematta to consider final reading of the follow lnp Ordinance into law: NO. 981: AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CRY OF OKEE- CHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT FIL((OFF�LAND MORE PARTICULARLY DESCRIBAMILI J); PROVIDIINGEFOR INCLUSION ON OFFROMINGLE ORD NANCE 1) (ffIRSED FU- TURE LAD USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EF- FECTIVE DATE The ordinance is regarding Small Scale Comprehensive Plan Mure Lard Use Map Amendment licatton No. 07.005-SSA submitted by Steve Dobbs on behalf of property owner s) InSiter Do I meat 6rou . The reheat is to change the Future Land Use designation from Sine Farm u to MWtt Famiy(MF) for vacant prop- erty located between Northwest 5th and tth The and Norflrv�est 11th and 13th Streets. Legal description: all of Blocks 11, 12, 21 and 22, City of Okeechobee Subdivision, and �istnapproximately 11o.229aapcm(s).a8and �d p ioa�e d ��anno Thellpi �posedmiQr�na&ce i(: - e nspecfea ui a erdfre y oyumGtnbers a fhe pubOC in the Office of the City Clerk during regular business hours, hmn-Fri, 8am4:38pm, exppcLeppEttpfor holidays. nTt E �Np0 pp ��gg ,rff pe ro aI de' sion'm'.%'byOthe City Ga�rncO VW&"resp ct AM cre's'AW1 a hearing, such interested person wig need a recall 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 ttre appeal is to be based. City Clerk tapes are forthesole purposes of backup ifoor official records of the Ciertkatut 2rig.�g pedrs'ons w drsabili esaneedin, �pecail'accotntmodtibonn top iapatein this proceeding should contact Lane Gamietea no later than two (2) working days ror to the proceeding at 863-763-3372 x215; it hearing or voice impaired, call D 1-8g00-222-3448 (voice) or 1-888-447-5620 M.2058260NTl2 O C,CITYCLERK ....,,rs ................... ..... ....,. CONSTANCE L. HAWSE Xne, Comm# DD0563848 Expires 6/14/2010 .1, Florida Notary A$sn., Inc ........N..................................i/ MAY I AGENVA -EXHIBIT NO. I Ordinance No. 981 Future Land Use Map Amendment Application No. 07-005-SSA, submitted by Steve Dobbs on behalf of property owner(s) InSite Development Group was postponed for recommendation at the April 19, 2007 Planning Board Meeting. Due to advertising deadlines, the ad was published on April 20, 2007. Please defer this matter until a recommendation is submitted by the Planning Board. 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 ` matter of V in. the 14th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues 1 d Ok h b e News H Aunt further says that the sat eec o e newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each Yeek and has been entered as second class mail matter at the post o-ffice in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the a=_cached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement f9r-publication in the said newspaper. PUBLIC NOTICE CONSIDERATION OF ADOPTING �Epg� AK opn�E fKat �s �AdCvITY ORDINANCE C� o} on Tuesday May 1, ZW7 at 6:Ou p.m or as�soon lhehafterOkepeocstsN�ee.lptjdl 55 SE 3rd Ave., Okeechobee, R conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance into law: NO. 982: AN ORDI- NANCE OF THE CITY OF OHEECROBEE, FLORIDA AMENDING THE CRY OF OtEE- CHOBEE 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 (SFl TO COMMER- CIAL (CI; PROVIDING FOR INCLUSION OF ORDINANCE AND ISED FUTURE LAND USSE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 07.006-SSA submitted by Muhammad Nooruddln on behalf of property owger(s) A.M.S. A. Holdings, LLC. The request Is to change the Future Land Use designation from Single Fanxty (SF) to Co medal (C) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision and iseadpproxiimanadtely�00.6644ratccrree((ss)a. �d a Thelpmember p sedsfg�naceblmayPbee insupeed Luoi hs erhtirery by m8mbeis of the�puoea in the Office of the City Clerk during regular business hours, Mon -Fri, Bam-4: m, except for holidays. PLEASE TA �(E NO�ICFCANDD BE A�IVI�ED thagi p perm1desi2s a� m� decision ma a by a dy Couna w resp o any m a co e hearing, such interested person will need a record of the Woceediings, and for such purpose may need to ensure a verbatim record of the pproceedkhgs is made, which recortl includes the testimony and evidence upon which the appeal'is to be based. City Clerk tapes are for the sde purpose of backup for official records of the Clerk 2kcordance wi�t�E /�nlricans v�dh OLsabBity ActAD�iafhd Florid ��, persons sir h ies nee mg specia acc n to pa ch m this proceeding 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 11-800-2�222-3444M8 (voice) or 1-888-447-5620 2058165*8107 C,CITYCLERK --........................................ 4 CONSTANCE L. HAWSE and o ibed beforemhis)_ � goDD0563848 A.D. 20E*ims 6/1412010 Foida Ntary Asn. Inc�. ?votary Public, State of Florida at Large MAY 1 AGENDA -EXHIBIT NO. r� Ordinance No. 982 Future Land Use Map Amendment Application No. 07-006-SSA, submitted by Muhammad Nooruddin on behalf of property owner(s) A.M.S.A. Holdings, LLC was postponed for recommendation at the April 19, 2007 Planning Board Meeting. Due to advertising deadlines, the ad was published on April 20, 2007. Please defer this matter until a recommendation is submitted by the Planning Board. 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 01 auverusemem, ucurg a ej-t)�� ire matter of L. 'ludi A in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues_ of A fn'ant fimh— cavc that the cam Okeechobee News i:, a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any dscount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper- CONSIDERATION OF ADOPTING A CITY ORDINANCE consider final reading of the following Ordinance Into lavir NO. 983: AN NCE OF THE CITY OrOAEECHOBEE. FLORIDA AMENDING THE CITY OF CIA. (C ; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND U E MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE The ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 07-007-gSA submitted by Giatdmta Mitchell on behaB of property owner(s) Jesus Silvas. The request Is to change the Future Land Use designation from Single FamBy (SF) to Commercial (C) far hY bated at 1001 Southwest 3rd Avenue. Legal description: Lots 7 and 8 of Bock 8, South OkeerNo- bee Subdivision and is appradmately 0.325 acma(ss). and oarhc� d Thelpropoeeds .o1 emayRbe�nosper3ed in its e�rety by . o the in the Office of the City Clerk during regular business fours, Mon -Fri, 8am-4h n, except for holidays. cionEthat rs �cdeiisnma No'uncpVAacE aoor.t860a r�i hearing, such interested person will need a record of the pmcee&W, and for such purpose may need to ensure a verbatim record of the proceedirgs 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. this proceeding should contact Lane Gamiotea no later than two (2) working days pprior to the proceeding at 863-763-3372 x215; 6 hearing or voice impaired, call TDO 11a-807t0--'222-3448 (voice) or 1-888-447-5620 (1-M. 205831GUN 4/2U/?C' CITY CLERK %(<'i`.,....................................E CONSTANCE L HAWSE ...... ands c'' d before me this z Canrnl� DD05rb3&18 of t A.D.20 miles 8/14lT010 m flarde Notary Assn► .Inc �0 ---- • State of Florida at Large MAY 1 AGFNGA -FINAL PH - FXH/8/T Na. � ORDINANCE NO. 983 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); 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. 07-007-SSA), submitted by Gianinna Mitchell on behalf of property owner(s) Jesus Silvas for a small-scale amendment to the Future Land Use Map 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 April 19, 2007, and submitted by staff report, which determined such applicant(s) to be inconsistent with the Comprehensive Plan and not appropriate to the future land uses within the City; and WHEREAS, the City has not agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are 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 0.325 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-007-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 2 LOTS 7 AND 8, SOUTH OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, 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. 979 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 1! day of May, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 1st day of May, 2007. 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 City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 echo Okebee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: (p 7 Petition No. a� -s Fee Paid: a,CyC Jurisdiction: L >z .a�•t,.� 1st Hearing: * 2nd Hearing -t Publication Dates: 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): l7C S U S Sr V a A R.Owner mailing address: ) 0 0 r< 5 \jV -3' AVozr'we- OKaCChobf1J 34W4 r L Name of applicant(s) if other than owner (state relationshi 1 P) GiCi��nnq IVI� ICh� j c M�t�tns�o �DDr2SS Applicant mailing address: (lii5 S �} St�eefi CKee-C110" , L 34ci 74 A. N T Name of contact person (state relationship): G f� Contact person daytime hone(s): Fax: 357 — j S7 r R 0 Property address / directions to pro perty:e STr' (Z • rL f r t!'1C ( ()(2 r— Parcel Identification Number:' C�� 3 A"e `'e Can r�7`' fi�� - 3 -'2 1 — 3 -7 - -5 - ?>,=-) o `o Size of the Property (in acres): Current Zoning Designation:.z Current Future Land Use Designation: Existing Use of the Property: Proposed Future Land Use Designation: Proposed Use of the Property: CC(ops-'—k I C(L Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attached): '7C Uniform Land Use Application (rev. 12/03) Page 1 of 2 --✓ Survey of Property (11" x 14", 20" Scale) — Letter Outlining Request N/ Notarized Letter of Owner's Authorization ✓ Application Fee (non-refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to Zdaandmay result in the summary denial of this application. M \ Printed Name Date Page 2 of 2 Uniform Land Use Application (rev. 12/03) MARCH 01, 2007 To whom It May Concern, I, Jesus Silvas, owner of the property located at 1001 SW 3 Avenue, Okeechobee, fl 34974, give authorization to Gianinna Mitchell to represent me in the process to rezone Au D N n c. my property to commercial. t_-A.c B A n/ 6 E Thank you for your help, Sincerely, / X Jesus Silvas YP3) G3 q- g9�42 MANNALPIM UyWwWw' N w 416M Hp,v-c-t-i 14-,W07 �o Vv fro �nrl 1+ M a, y Co to c, WANT -CCD Oe'F-N vs 1 NJ � -- o F:- T:: ► c F POS—St 31e 0SE- QS A C ON TitP,c�U'fZ o P=FkC�., 3 \f� U II I".2a I C sTIz'E'"1� � � I 142,50' '�iLC'GK 1 20,00' v I FLOOD ZONE: 'X' SURVEYOR'S CERTIFICATE UNMAPPED I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD, I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 6 PURSUANT TO SECTION Y4720FLORIDA 7 OR ORIDA STATUTES,NANDUTHAT THERE ARE NO ABOVE GROUN�ROACHMENTS OTHER THAN SHOWN. H� TE, �� ,7''h � PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION N6427 FRED W REPASS P.S,M. LEGAL DESCRIPTION: OUH OKEECHOBEE, ACCORDING TO HTHECPLAT STHEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ADDRESS, IDOL SW 3RD AVENUE OKEECHOBEE, FLORIDA 1" 11 NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 2, LANDS SHOWN HEREON WERE NOT ABSTRACTED L — FOR. RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP, 3. LAND DESCRIPTION HEREON WAS PROVIDED BY 1 4, BE RINGS SHOWN THE CIENT, CENTERLINEHEREON ORE BASED ON THE Lze K U N U , 5, THIS SURVEY NOT TO:BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATIIIN OF PROPERTY CORNERS , ��q 61 ELEVATIONS SH6" HEREON ARE BASED UPON 1 N,G.V.D• 1929, . 7, SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE, 20,00 e. DIMENSIONS PREVAIL OVER SCALE, - j y� C JESUS SILVAS 1 BIG LAKE, TITLE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY SEACOAST NATIONAL BANK, LEGEND ITS SUCCESSOR .AND/OR ASSIGNS, FIELD WORK COMPLETED, 12/1� 2/06 ' AS THEIR INTERST MAY APPEAR • -FOUND CONCRETE MONUMENT -FOUND 5/6' DIA, IRDN ROD 4 -EXISTING WIRE FENCE -y -EXISTING CHAINLINK FENCE MCINTOSH AND ASSOCIATES -EXISTING WOOD FENCE SURVEYING S MAPPING RY SU7FrLE Y rL -CENTER LINE FFE -FINISH FLOOR ELEVATION 325 SW SOUTH QUICK CIRCLE tl]Dr F- PSM -PROFESSIONAL SURVEYOR PORT ST, LUCIE, FLORIDA 34953 ATIONAL HA AND MAPPER (772)878-7568 (office & fax) R/W -RIGHT-OF-WAY PC -POINT OF CURv Yi Na, A -DELTA ANGLE CERTIF, qF AUTHORIZATION NO, LB7332 L -ARC LENGTH 21 X 0,00-TYPICAL ELEVATION TT i CA ,I t C . Sc —a i f t i r �--1, �� t�.i titS�+i _ i-i Ir1 _j E b ,� ,� � L�3C'�-z•��_- �F� �yy t S h uill '1r r J {. j � t! •�•' � ... nit � `� � �., r. t u , ','.>^•. y 1:• —T ". 'S N )'�+N. '+3. T - _ it` ,t F - y, t t 0 Y ti T�. 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'� iYy � �l� 4tR ... 1...5 .�,��. ,• I I 1, 1- :5r.•. r. .7 L:.. rl✓< � r.�",T • l ! .q I R /�3,,. :�. i'�j• x ::'A-s, r, •A, rr ;�' ', 'i �, �.i �.. p..r1:1 +�1 . :u ,y,�,,�yr ..,,,M. •:+.: "•i" ,. + .'�" t:_ i " 11 ((,. t ��•�f '�Y:)3 ,T'•' e�t' ?.''� s`S:fFti••kp:�'?�• Kr.�a..'' .$:'P.. .q`..y, Y:.* � "'uT � '�- `'�� .p„ P ii,1 a -J , ..r7 `h .)x. _ 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Jesus Silvas Petition No. 07-007-SSA Staff Report Applicant: Jesus Silvas Small -Scale Comprehensive Plan Amendment Petition No. 07-007-SSA Location: 101h Street Legal Description: LOT 7 AND 8, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.325 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. NorEh, Fiixure Land Use Map.Classificatinu: Single:F4iAl Zoning District: RSF-1 Existing I an&Use: Single FamlI R s cl nees East: Future Land Use Map, Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family Residences South: Future Land Use Map -Classification: Single Family and Commercial Zoning District: RSF-1 and CPO Existing Land Use: Churches Staff Report Applicant: Jesus Silvas Small -Scale Comprehensive Plan Amendment Petition No. 07-007-SSA u Wiest Future Laid Usealt!Iag Classfiafaih Singlemy y: a SKr Zoning District: uati�. .-,.�[�d• Ui�.»r,:.,... .-,....iX:s.w�c,�».z ""y, r�' zr I91il311— �'"':&":d..:,`z¢'�.s'�fir:,xT.'�Kf The subject property is located in the southwest quadrant of the City. The property is developed with a 1-story wood frame house. The applicant would like to convert this residence into an office which will be used by a contractor. The zoning for the subject property is RSF-I which is consistent with the current Future Land Use classification and the existing use of the property. The surrounding area is a single family neighborhood and a commercial office would be out of place if allowed. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Coneurrency of Adequate Public Facilities If approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and SW 2nd Avenue.) Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. __ 2 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Jesus Silvas Petition No. 07-007-SSA Analysis and Conclusions Staff does not recommend approval of the applicant's request to amend the Future Land Use Map to Commercial because the proposed amendment is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. Submitted by: James G. LaRue, AICP April 11, 2007 APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 8 OF 16 V. PUBLIC HEARING CONTINUED. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Chair Ledferd asked Mr. Nooruddin whether he wished to address the Board. Mr. Nooruddin expressed a desire to possibly Application No. 07-006-SSA continued. use one lot that the house sits on for the office and the remaining three lots for an assisted living facility. Mr. Cook advised Mr. Nooruddin that there is a time period for changing and re -changing the land use. It was decided that the application, with the consent of the applicant, this application would be postponed until the next regular meeting at which time the applicant could decide the disposition of the application. Board Member Maxwell moved to postpone Comprehensive Plan Map Amendment Application No. 07-006-SSA until the May 17, 2207 regular Planning Board/Board of Adjustment and Appeals meeting; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -YEA KELLER-ABSENT MCCOY-YEA BURROUGHS-YEA JOHNS -YEA JUAREZ-NON-VOTING MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. Postponed until the May 17, 2007 Planning Board meeting. C. Consider Comprehensive Plan Small Scale Future Land Use Map Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA. The application Amendment Application No. 07-007-SSA. The application is being is being submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas. The application is to change the Future submitted by Gianinna Mitchell on behalf of property owner Jesus Land Use from Single Family (SF) to Commercial (C) for property located at 1001 Southwest 3`d Avenue. Legal description: Silvas. The application is to change the Future Land Use from Single Lots 7 and 8 of Block 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed use is to remodel Family (SF) to Commercial (C) for property located at 1001 Southwest the existing residence for a professional business office. 3`d Avenue. Legal description: Lots 7 and 8 of Block 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed use is to remodel the existing residence for a professional business office - Planning Consultant Application will be forwarded in ordinance form for a final Public Hearing on May 1, III Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. 2007 before City Council. Mr. Brisson presented the Planning Staff Report Summary: The subject property is located in the Southwest quadrant of the City. The property is developed with a 1-story wood frame house. The applicant would like to convert this residence into an office which will be used by a contractor. The zoning for the subject property is RSF-1 which is consistent with the current Future Land Use classification and the existing use of the property. APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 9 OF 16 V. PUBLIC HEARING CONTINUED. C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA continued. The surrounding area is a single family neighborhood and a commercial office would be out of place. Analysis: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. The proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities. When approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses. The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and SW 2"d Avenue. Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. Conclusion: LaRue Planning Staff does not recommend approval of the applicant's request to amend the Future Land Use Map to Commercial because the proposed amendment is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. Chair Ledferd requested the applicant address the Board. Mrs. Gianinna Mitchell stated that her request was to have a construction office. The Board expressed a concern of keeping the commercial sector to the first two blocks, off Parrot Avenue and this would be encroaching on the residential section. Mr. Cook asked whether this could be a home occupation? The reply was that there could be no employees. Chair Ledferd said there could potentially be traffic issues. Chair Ledferd asked whether there were any comments from the public. There were none. Board Member O'Connor moved to find Comprehensive Plan Map Amendment Application No. 07-007-SSA submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 1001 Southwest 3`d Avenue, inconsistent with the Comprehensive Plan, and recommends denial to City Council; seconded by Board Member Burroughs. APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 10 OF 16 V. PUBLIC HEARING CONTINUED. C. Consider Comprehensive Plan Small Scale Future Land Use Map VOTE Amendment Application No. 07-007-SSA continued. LEDFERD - YEA HOOVER -YEA KELLER - ABSENT MCCOY -YEA BURROUGHS-YEA JOHNS -YEA JUAREZ-NON-VOTING MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. D. Consider Rezoning Petition No. 07-004-R. The petition is being Rezoning Petition No. 07-004-R. The petition is being submitted by Muhammad Nooruddin on behalf of owner A.M.S.A. submitted by Muhammad Nooruddin on behalf of owner A.M.S.A. Holdings, LLC. The petition is to change the zoning designation from Residential Single Family -One (RSF-1) to Commercial Holdings, LLC. The petition is to change the zoning designation from Professional Office (CPO) for property located at 608 Northeast 2°d Avenue. Legal description: Lots 3 through 6 of Block Residential Single Family -One (RSF-1) to Commercial Professional 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Office (CPO) for property located at 608 Northeast 2"d Avenue. Legal Small Scale Future Land Use map Amendment Application 07-006-SSA. description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07-006-SSA - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on May 15, III Application will be forwarded in ordinance form for a final Public Hearing on May 15, 2007 before City Council. 2007 before City Council. Mr. Brisson presented the Planning Staff Report Summary: The applicant is proposing to rezone the property to CPO to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Analysis: 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO would be most compatible with this specific neighborhood as there are already properties on this Block with the same zoning and being used in a similar way. 2. The proposed use being applied for is specifically authorized under the zoning districtin the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code 3. The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CPO zoning and the proposed use as a home health office as requested by the applicant is appropriate for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. EXHIBIT NO. EXHIBIT NO. ORDINANCE NO. 984 MAY I - M REAa MAY 15 - FINAL 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 MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Craig Hackl, on behalf of property owner H2O1dings, LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 06-005-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 16.24 acre(s) from Residential Mobile Homes (RMH) and Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on August 17, 2006, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby 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 Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: PARCEL A: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTH LINE OF SAID SECTION 15, SOUTH 89 DEGREES 2 FEET 40 INCHES WEST, 486.26 FEET TO A POINT OF THE SOUTH LINE OF SECTION 15; THENCE NORTH 00 DEGREES 57 FEET 20 INCHES WEST, 63.49 FEET; THENCE NORTH 00 DEGREES 16 FEET 59 INCHES WEST, 250.90 FEET; THENCE SOUTH 89 DEGREES 54 FEET 49 INCHES WEST, 186.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID LINE SOUTH 89 DEGREES 54 FEET 49 INCHES WEST, 674.15 FEET; THENCE NORTH 00 DEGREES 13 FEET56 INCHES WEST, 943.80 FEET; THENCE NORTH 89 DEGREES 10 FEET 00 INCHES EAST, 336.67 FEET; THENCE NORTH 00 DEGREES 15 FEET 28 INCHES WEST, 49.99 FEET; THENCE NORTH 89 DEGREES 09 FEET 59 Page 1 of 2 INCHES WEST, 336.64 FEET; THENCE SOUTH 00 DEGREES 16 FEET 59 INCHES EAST, 1002.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15.05 ACRES, MORE OR LESS. PARCEL B: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTH LINE OF SAID SECTION 15, SOUTH 89 DEGREES 02 FEET 40 INCHES WEST, 486.26 FEET TO A POINT ON THE SOUTH LINE OF SECTION 15; THENCE NORTH 00 DEGREES 57 FEET 20 INCHES WEST, 63.49 FEET; THENCE NORTH 00 DEGREES 16 FEET 59 INCHES WEST, 250.90 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 54 FEET 49 INCHES WEST, 186.29 FEET; THENCE NORTH 00 DEGREES 13 FEET 56 INCHES WEST, 276.78 FEET; THENCE NORTH 89 DEGREES 02 FEET40INCHES EAST,186.30 FEET; THENCE SOUTH 00 DEGREES 16 FEET 59 INCHES EAST, 279.61 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.19 ACRES, MORE OR LESS. 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 Mobile Home (RMH) and Holding (H) Zoning District to Heavy Commercial (CHV) 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 1st day of May, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of May, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: City Council Members From: James G LaRue, AICP Date: April 30, 2007 Subject: 06-005-R H2O Holdings The item before you today is a rezoning which was submitted by the applicant last year concurrent with an application to amend the Future Land Use Map. The Staff Report was approved by City Staff and the LPA pending the Future Land Use Map Amendment's approval by the Department of Community Affairs. On April 13, 2007, we received approval of the Map Amendment request to allow a limited amount of commercial uses on the subject property. This limitation was set forth by a new policy (Policy2.6) within the Future Land Use Element of the Plan. As described by the attached August Staff Report, this applicant's request to rezone the Property to CHV is consistent with the Comprehensive Plan and Staff recommends approval of the request. JGL:ik cc: Brian Whitehall, City Administrator John Cook, City Attorney Lane Gamiotea, City Clerk Betty Clement, General Services Coordinator Jae, o11 ce MEMORANDUM TO: Mayor Kirk, Council Members, Administrator Whitehall, Staff and Press FROM: Melisa Eddings, Deputy Clerk `` )' SUBJECT: Revised Staff Report for H2O1dings, LLC/06-005-R DATE: April 30, 2007 Please disregard the Staff Report which is dated July 2006 of your packet material. The most current Revised Staff Report is dated August 2006 which is attached. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Revised Staff Report Rezoning Request Applicant: Owner: From: Petition No. Craig Hack4 President H2O Holdings, LLCC, Residential Mobile Home (RUH) and Holding to Heavy Conunercial (CHV) 06-005 R Staff Report Rezoning Request Applicant: Craig Hackl/1-12O Holdings LLC Petition No. 06-005-R General Information Property Control _ 2-15-37-35-OA00-00008-0000 and Number 2-15-37-35-OA00-00007-0000 Future Land Use Single Family:, ' Commercial Designation Zoning District RMH & H CHV Acreage 16.24 ` 1624 Density 4 du/ac NA Access SR 70 Same Legal Description: Parcel A: A parcel of land lying in Section 15. Township 37 South. Range 35 East_ Okeechobee County. Horida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89°02'40' W., 486.26 feet to a point on the South line of Section 15; thence N.00'57'20"W., 63.49 feet; thence N.00°16'59"W., 250.90 feet; thence S.89054'49"W., 186.29 feet to the POINT OF BEGINNING; thence continue along said line S.89°54'49"W., 674.15 feet; thence N.00°13'56"W., 943.80 feet; thence N.89°10'00"E., 336.67 feet; thence N.00°15'28' W., 49.99 feet; thence N.89°09'59"W., 336.64 feet; thence S.001I6'59"E., 1002.57 feet to the POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. Parcel B: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89°02'40" VJ., 486.26 feet to a point on the South line of Section 15; thence N.00°57'20"W., 63.49 feet; thence N.00°16'59"W., 250.90 feet to the POINT OF BEGINNING; thence S.89°54'49"W., 186.29 feet; thence N.00'13'56"W., 276.78 feet; thence N.89°02'40"E.. 186.30 feet; thence S.00'16'59"E., 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. Staff Report Rezoning Request Applicant: Craig Hackl/H2O Holdings LLC Petition No. 06-005-R The owner/applicant requests a rezoning for the subject property from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) in order to develop a commerciallretail center with a variety of uses. IVot'th t _Vl`Ctssl#I,+1Qn S11'lgles Family .. .. , South: FLUM �Classification Zoning District: Existing Land Use: West: FLUM Classification: Zoning District: Existing Land Use Commercial and Single Family Commercial Commercial Single Family RMH and RSF-1 Residential The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to SR 70, in addition to the existing land uses of the abutting properties, the proposed commercial development would be consistent with the current surrounding land uses. I. The proposed use and Zoning are not contrary to Comprehensive Plan requirements. The Heavy Commercial Zoning District would be a consistent zoning if the applicant's request for the Commercial Future Land Use category is granted. The applicant has applied for a Large Scale Future Land Use Amendment and staff did recommend for approval of that request as the proposed use and zoning are not contrary to the Comprehensive Plan requirements. OJ Staff Report Rezoning Request Applicant: Craig Hackl/1-120 Holdings LLC Petition No. 06-005-R 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the Heavy Commercial Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning it has been determined that the impacts are not too intensive for the surrounding area. 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. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV Zoning District. 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 and Zoning if approved would not be a deterrent to the improvement or development of adjacent properties if it is properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for the development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. 3 Staff Report Rezoning Request Applicant: Craig Hackl/H20 Holdings LLC Petition No. 06-005-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safely. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can, be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. 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, if granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification Based on the above analysis, Heavy Commercial Zoning is consistent with the Comprehensive Plan and data and analysis shows that a commercial center is appropriate in the neighborhood. Recommendation Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. Submitted by: James G. LaRue, AICP Planning Consultant August 2006 51 City of Okeechobee General Services apartment 55 S.E 3`d Avenue, Room I0:1 Okeechobee, Florida 34974-2903 ,Phone: (863) 70-3372, cxt. 21.8 Fax: (W) 763-1686 r'ue PaEd 500 . oo j Ur;sd;r,tio„4-CC, Is( Hearing cig ''rid H=irinz — J�lS D t'chiiCeti�n �7ata �J � is 5 j Notice; Mztikd: Uniform Land Use Application _ Rtrrainee- ecial ,, xes tp ion • Variance ✓ name cd properly owner(s): L. t.-c, l� t Dwrur inai)ing aCt:ress: P© �� y Z�iS 3�Qt�c-tc►� �.A�il� fi�27�tJ� Ft- 33�t2-C� I' - r Nam afapplicant(s) if othL i ---er than owner (stn c relationship): � Q />lCa V1n _ Litir � vQesi 0"T it i Applicpa mailing address: Pv (50X -32 oh 3 t?cx.tN� 6r PG�S Gig t� 7ct S Fc- 2>34 2c> C _ A' Nam: of contact person (state relationship): GQ pt� jAL A P9-05 01t 20L-D1 1445 Contact uc;rson davtimC hone(%L �J6 t -1 G1 i - 22?C,Z� 71 Property address! d i n ctio s to proporty_ �J . SkDC D,r jq_ -1,0 AC � u`�S � Pc f� � C— F t C -c Iz iicate current use of property: �J Describc improvements an prc;r-�erry, including numb-Mr/type of dwellings and whether ocw ied � irnoec Sr,sru� n 1 Approximate rt' urrl)cr Of ficces: 1 2> . W Dr_ is propeM in a platted subdivision? a Is there t current or recent use of the- prope-ty that islwats a .ivtation of county ordinance? Ifs, describe : Havz there barn any land Le Spplicztior.s .onccmhig alt or part of this propr-T?! ill the la t }ia,r':` If so, indieutC dare, il t_ature and applicant's tar nc: 1 ' 's a sale subject to this application being granted? C) is the subjccr parcel your to:al holdings at that location? if not; describe the remaining or intended uses: __ . J . 1-5 .. — .. r lU Cnt; !vvrtn: ' Svu�h: C�I�i�ER-C,tl�t✓ last. G©l&INECLLiAI- tYcst Cotes �tS Existing rvaing: Ic Future Lund Use clastiiiictatior.: � e -- i' GcPt� ' � At2' RI`5 M� E t2C, ii�U LAar:c0�1d7e�,lificRtion iotRcyuestea: Re7onc m._LJ SpcciaJ Exception VIa6ance bcr: it o c (J06[? ConfirmailUn of lnfoi-riiutiun Accuracy T hereLy certify that the irrornuirion ir, this ttpplirArior, i;,• correct. The infocmatior included in this application is for rise by Elie City of Okeechvbcc in processing my rogttest. Falsc or misleading information may be punishable by a fine of tip to $tift.1100 and impri. en of up t 30 dby3 grid may result in the ,vumrrlay denial of this application. Printed Name - - -- bate Uniform, Land Use Application (rcv, Ile,-;) Page I of 2 (��► c�� - i -3°� !�R c �ooc��l �,c,�v) . i A (-1 r - F L W C N SF Ze)Aj . Cj1 v E "114 less partalready zo"d O-f4v = /5-.Gt5 -f/- ocres �-Lossi\n,,Iali-eadyzettfdCi4V_ F-LLI : Cf�'F /. M f/- ar re s Current zoning classification: R-:guested zoniTtb elasSirication : A (,t V i R WhtYt is your desired permitted u%c tinder the proposed classificatim: O ty if panted, will the new zone be candguous with a like. come? , E Ott Is a special Exception necessary for your inwrided use? � � Variance? Dmribe the Special Exception :cough: jq�S I E c. Provide sptcifc L DR ordinance citation: L Are there other similar uses in the aria? is so, describe- X- C E Why would grunting your requcst be in the best interest of the arca raid resident%? L. U !fbusiness, briefly dcicribe nature including number of emloyces, hours, noise generation and activities to be N cnnducted outside of a building: Describe Variance s xtgltt: 1 v A .R Describe physical charactetistic of property that makes valiance: necessary: T ;A A � C. Did you mme or contn%utc to the characteristic? is so, descriiic: E 4 • N V4 hat is the rninimtmt variance necessary'? f Uniforn Land Use Application (rev. 11'03) Page 2 of 2 06-cos-C February 22, 2006 The City of Okeechobee Board of Adjustments, Land Planning Agency Planning Board City Hall 55 S.E .Third Avenue Okeechobee, FL Re: Zoning Change Request Tax ID 2-15-37-35-OA00-00007-0000 2-15-37-35-OA00-00008-0000 Dear Zoning Board Members: Attached herewith are the necessary documents in support of our request for a zoning change for a portion of the property described in this submittal. The subject of this request is a 21.14 acre parcel fronting on the north side of State Route 70, east of State Route 441 in Okeechobee City, Florida. That portion of the subject site fronting on State Route 70 is currently zoned "Commercial" whereas the rear portion of the same site is zoned "future residential". Current interest in new housing development in Okeechobee suggests significant increases in population in the near future. In turn, the need for commercial space and the jobs it brings rises in response to hous- ing growth. The advantages that commercial zoning development brings to Okeechobee City in the form of sales taxes, an enhanced real estate tax base and increased level of employment is self evident. State Route 441 presently has the largest commercially developed properties within the city. State Route 70, immediately west of State Route 441 and now to the east of 441 constitutes the other principal commercially zoned district serving the community. Future development along State Route 70 eastward to Fort Pierce and southeast along State Route 710 (Bee Line Highway) will attract significant traffic and commercial potential to the benefit of Okeechobee, both City and County. This concept is already supported by every inquiry we have had on the subject property to date in which interest in the property has been to zone the site "Commercial" in its entirety. As indicated herein, the subject site is surrounded by commercially zoned property to the East and South. Small trailer parks exist immediately West and across State Route 70 to the Southwest. A drainage Swale and overhead power lines separate the subject site from undeveloped residentially zoned property to the North accessible only via SE 13th Avenue or perhaps off of State Route 441 North of State Route 70. We respectfully request the subject property be changed to "all commercial" zoning from its current zoning which is part commercial, part residential for the following reasons: I. "Highest and best uses" of the subject site zoning is "Commercial" in that this zoning will benefit the city most through sales taxes, higher real estate property taxes and increased employment. 2. State Route 70 at the subject property's location could hardly be considered a suitable roadway from a residential perspective. Despite the fact that a four way intersection can be developed midway across the subject site frontage, there is no other access to the currently zoned "Residential" portion of this prop- erty. This means that access to the residential portion would only be available from a highly trafficked roadway (State Route 70) through property that is currently zoned "Commercial" — a circumstance which is neither safe nor attractive to residential development. I All inquirers to date concerning the subject property have expressed the desire to have the entire site zoned "Commercial". Furthermore, these interested parties wish to co -develop the subject site with the adjoining 18 acres to the East (currently zoned commercial), to create a "destination" spot for the city. Although premature, early talks reveal a mixed -use plan of retail (both large and small) and office space. This would not only create a "destination" spot for family and friends, but it could also generate numer- ous jobs for local citizens. 4. As Okeechobee City and County continue to grow, the State Route 70 corridor, particularly extending east from State Route 441, will be better served by a site of the size, shape and character of the subject property to be commercially zoned. This property, along with the adjoining 18 acres, has the potential not only to becoming a "destination" spot, but it WILL be the first thing travelers from the East will see when they cross into city limits. 5. Currently zoned trailer parks along State Route 70 should be phased out over time as they no longer meet the "highest and best use" test and in fact are fast becoming a liability to the community in terms of real estate tax contribution, requirements for City services, stability and appearance. We would be pleased to respond to any questions that our proposal raises, but hopefully circumstances cited in support of our request for the zoning changes requested are both self evident and self explanatory. Respectfully submitted, W\, Craig M. Hackl President H2O Holdings LLC LEGAL DESCRIPTION PARCEL A A PORTION OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast comer of said Section 15; thence along the South line of said Section 15, S.89002'40' W., 486.26 feet to a point on the South line of Section 15; thence N.00057'20' W., 63.49 feet; thence N_00'16'59W., 250.90 feet; thence S.89054'49' W., 186.29 feet to the POINT OF BEGINNING; thence continue along said line S.89'5449' W., 674.15 feet; thence N.00'13'56' W_, 943.80 feet; thence N.89'10'00"E_, 336.67 feet; thence N.00*15'28' W., 49.99 feet; thence N.89009'59'W., 336.64 feet; thence S.00'16'59"E., 1002.57 feet to the POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. SEE ATTACHED FOR SKETCH This legal description and the attached sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Bearings shown hereon are based on the State Plane Coordinate System, North American Datum of 1983/1990 Adjustment (NAD83/90), Florida West Zone. The reference bearing is the Southerly line of Section 15, Township 37 South, Range being S.89'02'40' W. 35 East, Okeechobee County, Florida, Prepared by: WilsonMiller, Inc. - CP J Gary W. Rashfoird Profe sionaLSurvey©r and Mapper No. LS6305 State of Florida P-I.N_ 03552-004-002 CCsPOO Ref.: A-035S2-087 Date: April18.2006 Date Offices strategically located to serve our clients 800-649.4336 Fort Myers Office 4571 Colonial Boulevard • Fort Myers, Florida 33912 - 239 9391Q20 • Fax2399393412 wilsonmfllercom S/1fy200644288 Ver. 01[-YFLiLL uw Z9099' B q9& - 00000 W1150nMIII&Ona — K Lic.0 LC-000017o LEGAL DESCRIPTION PARCEL B A PORTION OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89002'40"W., 486.26 feet to a point on. the South line of Section 15; thence, N.00°57'20"W., 63.49 feet; thence, N.00'16'59' W., 250.90 feet to the POINT OF BEGINNING; thence, S.89054'49' W., 186.29 feet; thence N.00016'59' W., 276.78 feet, thence N.89002'40"E., 186.30 feet; thence S.00016'59"E., 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. SEE ATTACHED FOR SKETCH This legal description and the attached sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Bearings shown hereon are based on the State Plane Coordinate System, North American Datum of 1983/1990 Adjustment (NAD83/90), Florida West Zone. The reference bearing is the Southerly line of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being S.89002'40"W. Prepared by: WilsonMiller, /nc Gary 1N ashford Professional Surveyor and Mapper No. LS6305 State of Florida - Date Offices strategically located to serve our clients 899-649.4336 Fort Myers Office 4571 Colonial Boulevard • Fort Myers. Florida M912.239.9391020 • Fax239.939.3412 511MM06- 44289 vcr.. o,,.,HuU wilsonmiller cam z9e99s99-9e9. - o0000 WilsonMiller, Inc. — FL Llo.0 LC-0000170 i Prepared by and return to: Leonard Rutland, Jr., Esquire 759 South Federal Highway Suite 303 Stuart, FL 34994 File Number: 10837.24 Space Above This Line For Recording Data Warranty Deed FILE NUM 2004004662 OR BK 00525 PG 1999 SHARON ROSERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 03/15r'2004 12"51=27 F1 R'l CORDING FEES 10-5'0 DEED DOC 3?850.itl:1 R.ECORDE:D BY G Newfaotmn This Warranty Deed made this loth day of March, 2004 between Harbour Bay Properties, Inc., a Florida corporation, whose post office address is c/o Theodore G. Glasrud, 3634 SE Fairway East, S t, FL 34997, grantor, and H2O1dings, LLC, a Delaware limited liability company whose post office address is c/o tee: f'-. 334d0 (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: SEE ATTACHED EXHIBIT "A" Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: a State of Florida County of Martin The foregoing instrument was acknowledged before me this Harbour Bay Properties, Inc., on behalf of the corporation. 14 *ense as identification. ' [Notary Seal] our Bay of pee ties, Inc. ~ eo ore a nt (Corporate Seal) 1 Oth day of March, 2004 by Theodore G. Glasrud, President of He his personally known to me or [X] has produced a driver's Notary P ltc ranted Name: LEONARD RUTLAND JR. NotaryPublic- o r a My Commissiol"i1 Commission #CC929236 DoubleTimee . I Fund File No.: 57-04-61 Exhibit A Parcel 1 • The West '/2 of the Southwest '/. of the Southeast %. of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, lying North of the North right-of-way line of State Road No. 70; Except the North 50 feet of the West %= of the West Yh of the Southwest '/. of the Southeast '!+ for road purposes; also Except the following described property conveyed to the State of Florida: A parcel of land in the West ,'/z of the Southwest '/. of the Southeast '/ of Section 15, Township 37 South, Range 35 East, Being more particularly described as follows: Commence at the South % corner of said Section 15; thence run Northerly on the '/4 section line a distance of36.95 feet to the centerline of State Road 70; thence.North 80°. 54' 49" East, on said centerline a distance of 347. 10 feet; thence Northerly at 90° to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 90° 'a distance of 20 feet; thence Southerly at 90° a distance of 17 feet: thence Westerly at 90° a distance of20 feet to the Point of Beginning. Parcel Id. Number: R2-1.5-37-35-OA00-00007-0000 Parcel 2: Beginning at the Southwest corner of the East''/, of the Southwest''/. of the Southeast'/. of Senior. 15. Township 37 South. Range 35 East and run North along the West j boundary a distance of 594 feet: then run East a distance of 186.3 feet. then run South a distance of 594 feet to the South Boundary of Section 15. then run West a distance of I 186.3 feet to the POINT OF BEGINNING. Less and Except the right-of-way for State Road 70. I Parcel Id. Number: R2-15-37-35-OA00-00008-0000 1375 Jackc)n Street, Suite 206 Fort Mye. Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net REVISED Staff Report Rezoning Request Applicant .• Craig Hackl, President Owner.- H2O Holdings, LLC. From: Residential Mobile Home (RUH) and Holding to Heavy Commercial (CHV) Petition No. 06-005-R Staff Report Rezoning Request Applicant: G.-ig HackU1-12O Holdings LLC Petition No. 06-005-R General Information 4 & F = E�cls#ln tcs�'...s M,11 osed Property Control 2-15-37-35-OA00-00008-0000 and Number 2-15-37-35-OA00- 00007-0000 Future Land Use Singie Farllly Carnmerclal Qeslgnatl60 , Zoning District RMH & H CHV Aeroage Density 4 du/ac NA Access SR 70'' Same Legal Description: Parcel A: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89°02'40"W., 486.26 feet to a point on the South line of Section 15; thence N.00°57'20"W., 63.49 feet; thence N.00°16'59"W., 250.90 feet; thence S.89054'49"W., 186.29 feet to the POINT OF BEGINNING; thence continue along said line S.89054'49"W., 674.15 feet; thence N.00°13'56"W., 943.80 feet; thence N.89010'00"E., 336.67 feet; thence N.00'15'28"W., 49.99 feet; thence N.89°09'59"W., 336.64 feet; thence S.00°16'59' -., 1002.57 feet to the POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. Parcel B: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89°02'40' W., 486.26 feet to a point on the South line of Section 15; thence N.00°57'20"W., 63.49 feet; thence N.00'16'59"W., 250.90 feet to the POINT OF BEGINNING; thence S.89°54'49' W., 186.29 feet; thence N.00°13'56"W., 276.78 feet; Staff Report Applicant: G.-ig Hackl/H20 Holdings LLC Rezoning Request Petition No. 06-005-R thence N.89002'40' E., 186.30 feet; thence S.00016'59"E., 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. Request: The owner/applicant requests a rezoning for the subject property from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) in order to develop a Commercial/Retail Center with a variety of uses. Adjacent Future Land Use Map Classifications and Zoning Districts: South: FLUM Classification: Zoning District: Existing Land Use: Commercial and Single Family Commercial Commercial West: FLUM Classification: Single Family Zon111g; ©stnc .. RM Existing Land Use: Residential The site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing Commercial uses for the property, but an exact use has not been determined at this time. Given the property's proximity to SR 70, in addition to the existing land uses of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Analysis 1. The proposed use and Zoning are not.contrary to Comprehensive Plan requirements. Heavy Commercial Zoning would be a consistent Zoning only if the Commercial Future Land Use category is granted. 2 Staff Report Rezoning Request Applicant: G.-ig HackU1-12O Holdings LLC Petition No. 06-005-R 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of Commercial uses are allowed and authorized under the Heavy Commercial Zoning District. The applicant has stated the retail uses will be a part of the development, but it is not clear what is being asked for. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning if it is determined the impacts are not too intensive. 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. Surrounding uses that are Commercial show compatibility with uses allowed under this Zoning District but it remains to be determined regarding the residential areas. 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 and Zoning if approved would not be a deterrent to the improvement or development of adjacent properties if it is properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant would need to submit a letter to the City which discusses the anticipated flow of water and sewer for the development. The applicant needs to submit information from the OUA which discusses whether there is sufficient capacity to serve the proposed development. The applicant must submit a traffic analysis which will determine the impact of traffic on the surrounding roadway network. This analysis should portray the total impact of surrounding Commercial trips, also. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at 3 Staff Report Rezoning Request Applicant: C.-ig Hackl/H2O Holdings LLC Petition No. 06-005-R the site plan review phase of development. As stated above, traffic impacts will need to be determined by submitting a traffic analysis. 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, if granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification Based on the above analysis, Heavy Commercial Zoning does not seem appropriate unless all the data and analysis shows that a Commercial center is appropriate in the neighborhood. Recommendation Staff did not recommend approval of the request at this time to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. On May 23, 2006, the Land Planning Agency recommended for approval of the applicant's request contingent upon the applicant providing the following additional information before the August 1, 2006 City Council transmittal meeting for the applicant's Large Scale Future Land Use Map request. 1. Potable Water Issue: The anticipated flow for the subject property has not been provided. We need a determination of how much potable water the entire site is expected to demand. Submit a letter to the Okeechobee Utility Authority (OUA) to determine whether the OUA will have the capacity to serve the proposed development. The response should take into consideration the existing capacity of the water supply plant, how much is already committed to use, and a cumulative impact for already approved development. 2. Wastewater Issue: The anticipated flow for wastewater has not been determined. As with the potable water issue, a determination of wastewater flows should be given to the OUA. As you know, the excess capacity of the wastewater treatment plant is less than 300,000 gallons per day (GPD), but until the expansion to the plant is completed we need to know if the OUA will have the capacity to handle your commercial development. il Staff Report Rezoning Request Applicant: G...ig HackU112O Holdings LLC Petition No. 06-005-R 3. Drainage/Stormwater Management Issue: Because of the amount of impervious areas which is customary with commercial uses, we need an idea of how stormwater discharge will be handled on the site. Drainage plans can be submitted during the site plan review phase of development, but for now we need a statement which will discuss, for example, possible detention areas, connecting culverts or outfall structures which will manage surface water on the site. 4. Traffic Issue: We also requested that you submit a traffic analysis which demonstrates how the proposed development would impact the surrounding roadway network. The study must contain quantitative analysis dealing with the impacts of the proposed commercial development throughout the short-term planning timeframe (5-years) and the long term planning timeframe (10-years). It is suggested that this be done for the roadway segments within a 3-mile radius of the subject property. In addition, the analysis must take into consideration the adopted level of service (LOS) standard for the surrounding roads, especially SR 70, and how the proposed development will impact the LOS. Submitted by: James G. LaRue, AICP July 2006 5 NORDC45T CORNER OF SECTION 15 9 10 NORTH OLAWR CORNER OF SE". 75 - __ - NORTHWEST CORNER 0E SECTION 15 10 11 15 14 16 15 N scut w fm I - - NTMM of OF THE SOUIHIYEST "RTER, OF THE _ - _ - SOUINAST OIARTER OF SECTKM/ 15-37-35 0 50. +00 - xw 77 I 631 7 ACITT6" 17. 3 S%51'M1 AM' +, . 5 AOP157A1 49. ,- ti Q I~ 4 A y 3 3a zz z3 PARCEL A 1505 ACRES y SURVEYOR'S NOTES — 2 MIS ORAWN'G DOES NOT PURTYMT TO 3 OEL.14WE THE REGULATORY ,ATRTSOTCHON W y FM fEOERAL. SATE OR LOCAL AGE© I HEREON ED ON RIFSTA71' FY SPATE COOfr D TE 5-1 NO TH N & MOR/TI AYfRX,AN 1XR9f OF I91LT/1990 190 1990 AT XWWNT (NA083/9O). FLORIO4 K57 REFERENCE BEARMG TS8 ZONE. LAVE SYA/TH MIE OOF SECTION 15. 8£INIJG S89'01'40' W. CCNtNER IIONGWgNRS WERE NOT SET IN CONNNCWN IWTH THE PREPAIUNDN OF THIS SKIFICTI. " PARCEL B . O 1.19 ACRES ©� 33 P.O.B. P.O.B. 7+vs4wiatLs• -PARCEL A PARCEL 8 CKV alreaAl r PARCEL C' - - 4.95 ACRES P.O.B. 13 PARCEL C zI 15 14 16 15 _ . — .. _ . e n 4 P.O.C. 22 23 - 21 22 SOI7IF1'AST f.OPIMfR OF SE. SOYn.MINT CORNER OF SECTION 15 - SKETCH ONL Y - NOT A SURVEY SEE ATTACHED FOR LEGAL DESCRIPTIONS / ,'" oruwK er: vpl/12ii + CHECKED e% GOV13M 05M II—. �•�•'�'°+�"+w+••��+ CLOSED W. FIELD WW/PAC.E: OKEE/l CHEF: adrW�•Ml�{IYri4Q.1�M�7b•Wrt MR�. Y4Y �� TITLE: SKETCH TO .ACCOMPANY LEGAL DESCRIPTIONS REZONING FOR PORTIONS OF SECTION 15, -TOWNSHIP 37 S., RANGE 35 E. - OKEECHOBEE. FLORIDA /+s/os CUE M: sss DONHMCHGAN AVEK_LsurE 233 CHCAGO, 11MM solo+ 312-5E5-45M _ +''+� 15-iis�ax OOOfl RF K0. KrL nat amu sm w®0 na®e 05611000000 MASLD 1 1 o-oss11-001 �� Ky arw �„D om®p/rwHn AAfa M S5 COO" P!( AM i aSr 28 1111- . ACW. aWAER a, SaazY An Cave I/OAC 15-7-Z " • (CACG H75/%XA4: CORNEN FAC[SW GitAG11J _ N 114 CaMW OF SO 45:-J7--35 " aw vwr Cr om adabim PUKE onm Abu N 1 1 1 1 1 1 1 1 1 1 1 y.. �..�..�..z�,,. .:� F i .y �` '....-�., e�: ��3'�.+.� ;1 II 1 1 1 1 1 , ,..;._;...C3ru.-'._��,•::,u3..o 3a_.,$S"'.�,^a.,.'.s'.a'S'�.R�_4.rtiE G't�4gs1 A. 3. Petition No. 06-005-R continued. 3. Drainage/Stormwater Management Issue: Because of the amount customary with commercial uses, we need an idea of how sr� site. Drainage plans can be submitted Burin °f impervious areas which is .,rmwater discharge will be handled on the need a statement which will discuss, for ex a g the sit-' Plan review phase of development, but for now we structures which will manage surface - '``p1e° possible detention areas, connecting culverts or outfall water on the site. 4. Traffic Issue: VV-,; also requested that you submit a traffic Proposed devPi�pment would impact the surrounding roadway network.Is demonstrates how the quantitariVe analysis dealing with the impacts of the proposed commercial development stud y must contain 1 • �.ort-term planning time frame (5-years) and the long term planning time froamee(10- e rs). I the suggested that this be done for the roadway segments withing a 3-mile radius of the subjecty ars) It is addition, the analysis must take into consideration the adopted level r service L In surrounding roads, especially SR 70, and how the proposed development _ Property. ( Ot the standard for the P twill impact the LOS. Chairperson Ledferd asked whether there were in questions. Board Member F3t}r whether the applicant had adegnatel�addre�scd the surrounding rou�h� gnest�oned stated during the Pu[ure Land Use Ma pr°pei�� ok�'ners coucernti that were p .4rnendment dISCUSS100 Mr. Craig Hack] replied that at this time only the potable water, sewer and traffic addressed. Buffering and other issues raised at the previous meeting and cannot be adequately impacts had to be until we know what development will be constructed. Those issues will be addresedaBdressed review. during site plan Alternate O'Connor noted that this will also have to be considered before the City approval, and not until the Comprehensive Plan FutureCouncil for final approved first. Clerk Gamiotea distributed copies of a conceptual drav,d Use u�gScale wMa re Council. P Amendment is Presented to City Chairperson Ledferd asked whether there were anymore question for Mr. Hack]? Alternate Epifanio Juarez as asked whether Mr. LaRue had seen the cone answered yes, along with the water and sewer study, which were reviewed bytMr.ual LaR e and awing.Mr. Dulmer approved. Au st 17, 2006 - Planning BoardBoard of Adjustment and A eats - Page 4 of 14 10 Nil V. PUBLIC HEARING CONTINUED. A. 3. Petition No. 06-005-R continued. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the propose - 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, if granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial iate unless all the data and analysis shows that a Commercial center is Zoning does not seem appropr appropriate in the neighborhood. Recommendation: Staff did not recommend approval of the request at this time to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location_ (fin Mav 23, 2006> the Land l'luunin�� .1«cnc% recommended for approval of tltc applicants rcqucs contingent upon the applicant providing the following additional information before the August 1, 2006 City Council transmittal meeting for the applicant's Large Scale Future Land Use Map request. 1. Potable Water Issue: The anticipated flow for the subject property has not been provided. We need a determination of how much potable water the entire site is expected to demand. Submit -a letter to the Okeechobee Utility Authority (OUA) to determine whether the OUA will have the capacity to serve the proposed development. The response should take into consideration the existing capacity of the water supply plant, how much is already committed to use, and a cumulative impact for already approved development. 2. Wastewater Issue: The anticipated flow for wastewater has not been determined. As with the potable water issue, a determination of wastewater flows should be given to the OUA. As you know, the exces- capacity of the wastewater treatment plant is less than 300,000 gallons per day (GPD), but until th, l om leted we need to know if the OUA will have the capacity to handle you expansion w the p ant is c p commercial development_ V. PUBLIC HEARING CONT-MMD. A. 3. Petition No. 06-005-R continued. 17, 2006 - Board/Board of Adjustment and 2. The proposed use being applied for is specifically authorized under the Zoning Development Regulations. Several types of commercial uses are allowed and authorized District in the Land Zoning District. The applicant has stated that retail uses will be a th°rized under the CHV clear what is being asked for. part of the development, but it is not 3. The proposed use and Zoning will not have an adverse effect on the public interest. will not be negatively affected by this Zoning if it is determinedst. The Public ;r. the 4. The use is approp�rP u1�Crest F1ot too intensive. riate for the location proposed, is rPa;onably compatible IS not contrary or detrimental to urbanizirR ' v 16 land use patterns. Surroundingwus1esdth t are Co jacent land uses, and Show compatibility with uses ,�'.�- dhu wed under this Zoning District but it remains to be determinedCommercial 1+1-residential areas. regarding 5. The proposed use will not adversely affect property values or living the improvement or development of adjacent property _ The proposed use anal 7._onin� if conditions, or be a dete7Tent to not be a detel7ent [() the improvement or developrnt'nt of adjacent properties if It is ro er �tpp,o�ed would 6• The proposed use can be suitably buffered from Surround' I P ly plalined_ nuisance or hazard to the neighborhood. If necessary,g uses, so as to reduce the impact or any impacts upon the neighborhood. site plan requirements can help to reduce any 7• The proposed use will not create a density pattern that would overburden public schools, streets, and utility services. The applicant would need to submit a letter to discusses the anticipated flow of water and sewer for the d p facilities such a development. The applicant needs to submit information from the OUA which discusses whether there is sufficient capacity to development. The applicant must submit a traffic analysis which will determines serve the proposed the surrounding roadway network. This analysis should impact of traffic on Portray the total impact Commercial trips, also. pact of surrounding 8. The proposed use will not create traffic congestion, flooding or drainage problems, public safety. The proposed development is required to meet all conditions and standard or otherwise affect City of Okeechobee and the Florida Administrative Code for drainage. This can bed s required by the review phase of development. As stated above, trafc impacts will need to be determined b the site plan t traffic analysis. by submitting 10 17, 2006 - Planning Board/Board of Adjustment and Appeals - Page 2 of 14 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. A. Rezoning Petition No. 06-005-R - City Planning Consultant. 1. Motion to remove Petition No. 06-005-R from the table. 2. Vote on Motion 3. Consider a recommendation to the City Council for Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H2O Holdings, LLC, to rezone two unplatted, vacant 15.05 acres parcels located North of East North Park Street from Holding and Residential Mobile Home to Heavy Commercial. Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today' agenda. New Business Item A, a proposed amendment in parking regulations will specifically bi discussed. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H2O Holdings, LLC, to rezone two unplatted, vacant 15.05 acres parcels located North of East North Park Street from Holding and Residential Mobile Home to Heavy Commercial. Board Member Hoover moved to remove from the table, Rezoning Petition No. 06-005-R seconded by Board Member McCoy. Vote LEDFERD - YEA NOOVFR - YEA BURROUGNS - YEA KELLER - YEA MAXWELL - YEA MCCOY - YEA JOHNS -YEA M6TION CARRIED. Planning Staff Report Summary: The site is currently vacant and undeveloped and within the RMH, Holding, and C1 V Zoning Districts. The applicant is proposing Commercial uses for the property, but an exact use has not been determined at this time. Given the property's proximity to East North Park Street (SR. 70), in addition to the existing land uses of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to comprehensive plan requirements. CHV Zoning would be a consistent Zoning only if the Commercial Future Land Use category is granted. "•;.s�'%",.' fa a.�'., 1 1 Tt*�'��..��rs...,a.�.�`,�s:sd::_ .wWm.,;��?,,.5 '�.. :v a ?, x. � � :...a �.: ,a. ". ., a�.� •,,La .� "�' +:�+n3s ` :+p�. 'a - �""�"` 3' = ^-n.. V. PUBLIC ; HEARING .1 , ..3,..t •^`.,...i". ,...T 4,—s`!.�+''"F,.._`�sy_RY.i' env. :. ii a`. ,F A. 3. Petition No. 06-005-R continued. Chairperson Ledferd asked whether there were questions or corrinen - � is from the public? c There were none Board Member Burroughs moved to find Rez. dung Petiti to Heavy Commercial, con No. 06-005-R to rezone two unplatted, vacant 15.05 acre parcels located North of F �"st North Park Street from Holding and Residential Mobile Home Council; seconded byonsi� Cent with the Comprehensive Plan and recommend approval to the Ci ard Member Johns_ ty R o 5le Ul-WERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAXWELL - YEA MCCOY - YEA ,JOHNS - YEA MOTION CARRIED. A second public hearing will be held before the City Council pending Large Scale Chairperson Ledferd advised that a second public hearing will be held before Comprehensive Plan Map Amendment Application 06-C1-001 at a date to be determined, approval of Large Scale Comprehensive Plan Ma Amendment A the City Council pending in the Council Chambers P Application 06-C1-001, at a date to be determined, in the Council Chambers_ QUASI-JUDICIAL 11 A. Special Exception Petition No. 06-008-SE, Tom Forbes is the applicant Consider Petition No. 06-008-SE to allow the placement and set-up on behalf of property owners Isaac and Cinderella Kelbie to allow the manufactured more than five years prior to the date of this application. of a mobile home that was placement and set-up of a mobile home that was manufactured more than five years prior to the date of the application - Building Official. Building Official Tom Forbes presented an application on behalf of Isaac and Cinder ella low the placement and set-up of a mobile home that was manufactured more than five years prior to thie toeda e of this application located in the River Bend Mobile Home Park located at 1307 South Parrott Avenue, Lot 50, City of Okeechobee. M June 27, 2006 - Board/Board of Adjustments and Appeals - Page 6 of 12 V. PUBLIC HEARING CONTINUED. D. Consider Petition No. 06-013-R continued. 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. 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. Hack], on behalf of property owners, H2oHolding, LLC. This application was deferred from the May 23, 2006 meeting - City Planning Consultant. 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. F. Consider Petition No. 06-012-R: Recommendation to the City Council to rezone Lots 11 and 12 of Block 175, City of Okeechobee, from Residential Multiple Family (RMF) to Light Commercial (CLT). The subject property is located at 216 Southwest 3`d Avenue. Ismael Gardune-Telles and Maria Ester Garduno are the property owners - City Planning Consultant. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA JUAREZ. = Y EA �%'i(:COY - YEA JOHNS -YEA BURROUGHS - YEA MOTION CARRIED. Petition will be forwarded in ordinance form for a final Public Hearing on August 1, 2006 before City Council. 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. FELLER - YEA LEDFERD - YEA JUAREZ - YEA MCCOY - YEA JOHNS - YEA BURROUGHS - YEA MOTION CARRIED. Due to the postponement of action, the second public hearing will be reschudeled for Septernberl9, 2006 before the City Council. Petition No. 06-012-R was submitted by the property owners, Ismael Gardune-Telles and Maria Ester Garduno. The request is to rezone Lots 11 and 12 of Block 175, City of Okeechobee, from Residential Multiples Family (RMF) to Light Commercial (CLT). The subject property is located at 216 Southwest 3 Avenue. AV �7 RRIN12 1 2 Honorable Mayor and Members of City Council The City of Okeechobee, Florida We have audited the financial statements of the City of Okeechobee, Florida for the year ended September 30, 2006, and have issued our report thereon dated March 27, 2007. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under Generally Accepted Auditing Standards and Government Auditing Standards As stated in our engagement letter dated September 7, 2006, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance about whether the financial statements are free of material misstatement. Because of the concept of reasonable assurance and because we did not perform a detailed examination of all transactions, there is a risk that material errors. fraud, or illegal acts, may exist and not be detected by us. As part of our audit, we considered the internal control of the City of Okeechobee, Florida. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City of Okeechobee, Florida's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our tests was not to provide an opinion on overall compliance with such provisions. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City of Okeechobee, Florida are described in Note I to the financial statements. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which -there is a lack of authoritative guidance or consensus. Certified Public Accountants 215 Baytree Drive I Melbourne, FL 32940 1 p: (321) 255.0088 fi (321) 259.8648 2221 Lee Road, Suite 151 Winter Park, FL 32789 1 p: (407) 422.16811 b (407) 423.1681 www.hoyman.com Honorable Mayor and Members of City Council The City of Okeechobee, Florida Page Two Accounting Estimates Accounting estimates are an integral part of the basic financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements is the useful lives of capital assets. Management's estimate of the useful lives of capital assets is based on the historical lives of similar assets and market prices. We evaluated the key factors and assumptions used to develop the estimated useful lives in determining they are reasonable in relation to the financial statements taken as a whole. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the City of Okeechobee, Florida that could potentially cause future financial statements to be materially misstated, even though we have concluded that such adjustments are not material to the current financial statements. We proposed no audit adjustments that could, in our judgment, either individually or in the aggregate, have a significant effect on the City of Okeechobee's reporting process. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental units financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that facts. To our knowledge, there were no such consultations with other ac c;;* .ate (Dwa�u Honorable Mayor and Members of City Council The City of Okeechobee, Florida Page Three Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City of Okeechobee, Florida's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. This information is intended solely for the use of the City Council and management of the City of Okeechobee, Florida and should not be used for any other purpose. Very truly yours, Hoyman Dobson Melbourne, Florida March 27, 2007 J "Gateway to South Florida" CITY OF OKEECHOBEE9 FLORIDA ' Financial Statements Year Ended September 30, 2006 ' CITY OF OKEECHOBEE, FLORIDA ' Table of Contents As of September 30, 2006 ' Introductory Section Page Title Page 1 ' Table of Contents City Officials 2 ' Financial Section 3 Independent Auditors' Report ' Management's Discussion and Analysis 5 Basic Financial Statements 7 ' Government -wide Financial Statements • Statement of Net Assets ' • Statement of Activities Fund Financial Statements 15 16 Governmental Funds • Balance Sheet 18 • Statement of Revenues, Expenditures, and Changes in Fund Balances 20 • Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Fiduciary 22 ' Funds (Component Units that are Fiduciary in Nature) • Statement of Fiduciary Net Assets • Statement of Changes in Fiduciary Net Assets 23 24 ' Notes to Financial Statements Required Supplementary Information Other Than Management's Discussion and Analysis 25 ' • Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund • Notes to Required Supplementary Information 46 ' • Independent Auditors' Report on Internal Control Over Financial Reporting and on 47 Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 49 • Independent Auditors' Management Letter ' 51 1 z CITY OF OKEECHOBEE, FLORIDA City Officials As of September 30, 2006 James E. Kirk Mayor, Chairman Noel A. Chandler Roscoe Lowry Markham Dowling R. Watford, Jr. Lydia Jean Williams Council Members John R. Cook City Attorney Brian Whitehall City Administrator Lane Gamiotea City Clerk India Riedel Account Supervisor Herbert Smith Chief of Fire Denny Davis Chief of Police Donnie Robertson Director of Public Works Oscar Bermudez City Engineer T Independent Auditors' Report ' Honorable Mayor and Members of the City Council City of Okeechobee, Florida ' We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2006, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City of Okeechobee, Florida's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the fiduciary fund type and the discretely presented component unit. Those financial statements were audited by ' other auditors whose reports have been furnished to us, and this report, insofar as it relates to the fiduciary fund type and the discretely presented component unit is based on the reports of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Okeechobee, Florida, as of September 30, 2006, and the respective changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated March 27, 2007 on our consideration of the City of Okeechobee, Florida's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Certified Public Accountants 215 Baytree Drive I Melbourne, FL 32940 1 p: (321) 255.00881 f: (321) 259.8648 2221 Lee Road, Suite 15 1 Winter Park, FL 32789 1 p: (407) 422.16811 f (407) 423.1681 www.hoyman.com City of Okeechobee, Florida Page Two The management's discussion and analysis, and budgetary comparison information on pages 7-12 and 46-47 are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Hoyman Dobson Melbourne, Florida March 27, 2007 ' CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2006 Our discussion and analysis of the City of Okeechobee, Florida's (the City) financial performance provides an overview of the City's financial activities for the year ended September 30, 2006. Please read it in conjunction ' with the City's basic financial statements, which immediately follow this discussion. FINANCIAL HIGHLIGHTS ' The following are highlights of financial activity for the year ended September 30, 2006: ' • The City's total assets exceeded its liabilities at September 30, 2006 by $14,901,540. • The City's total revenues were $7,005,165 for the year ended September 30, 2006, compared to ' total expenses of $5,735,354 which resulted in a $1,269,811 increase in net assets. ' OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to basic financial statements. A. Government -Wide Financial Statements The government -wide financial statements, which consist of the following two statements, are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private sector business. The statement of net assets presents information on all the City's assets and liabilities with the difference h' > between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. ' The government -wide financial statements can be found on pages 15 and 16 of this report. B. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City's funds can be divided into two fund types: governmental funds and fiduciary funds. ' Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the year. Such information may be useful in evaluating a government's near -term financing requirements. CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis 30, 2006 B. Fund Financial Statements (continued) Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the City's near -term financing decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures and changes in fund balances provide reconciliations to facilitate this comparison between governmental funds and governmental activities. The basic governmental fund financial statements can be found on pages 18 through 22 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government -wide financial statement because the resources of those funds are not available to support the City's own programs. The basic fiduciary fund financial statements can be found on pages 23 and 24 of this report. C. Notes to Basic Financial Statements The notes provide additional information that is essential for a full understanding of the data provided in the government -wide and fund financial statements. The notes to basic financial statements can be found on pages 25 through 43 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of financial position. The following table reflects the condensed government -wide statement of net assets. City of Okeechobee Statement of Net Assets Current and other assets Capital assets Total assets Other liabilities Noncurrent liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets 2006 2005 $ 9,227,438 $ 7,471,081 6,834,598 6,967,824 16,062,036 14,43 8,905 495,626 147,310 664,870 659,866 1,160,496 807,176 6,409,553 6,526,653 1,212,050 1,097,206 7,279,937 6,007,870 $ 14,901,540 $ 13,631,729 ' CITY OF OKEECHOBEE, FLORIDA ' Management's Discussion and Analysis September 30, 2006 Governmental Activities ' Total net assets increased by approximately $1.3 million primarily as a result of a $348,000 increase in other liabilities and a $1.6 million increase in current and other assets. The increase in other liabilities was due to an approximately $317,000 increase in accounts payable which resulted mainly from construction in progress ' activities. The increase in current and other assets was due to an approximately $2.3 million increase in cash and cash equivalents combined with an approximate $536,000 decrease in due from other governments. The increase in cash resulted mainly from revenues exceeding expenditures in the general fund and grant reimbursements received in 2006 for construction completed during 2005. The decrease in due from other governments was also ' a result of the receipt in 2006 of the reimbursements from grants for the construction projects completed in 2005. ' The following table shows condensed revenue and expense data: City of Okeechobee, Florida Statement of Activities 2006 2005 REVENUES: Program revenues: Charges for services $ 705,821 $ 642,920 ' Operating grants and contributions Capital grants and contributions 892,449 312,868 1,010,019 2,421,262 General revenues. Property taxes Public utility taxes 2,005,277 793,263 1,725,357 744,198 Franchise fees 492,638 396,548 Investment income and other 1,802,849 1,438,214 Total revenues 7,005,165 8,378,518 EXPENSES: General government 1,134,619 1,054,975 Public safety 2,799,856 2,582,009 Transportation Physical environment 716,294 1,064,591 724,021 674,963 Interest on long-term debt 19,994 24,668 Total expenses 5,735,354 5,060,636 Change in net assets 1,269,811 3,317,882 ' NET ASSETS, beginning 13,631,729 10,313,847 NET ASSETS, ending $ 14,901,540 $ 13,631,729 CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis 30, 2006 Governmental Activities (continued) The City experienced an almost 16% decrease in total revenues —a $1.373 million decrease to $7.005 million. Capital grants and contributions decreased $2.108 million, mainly due to the completion of the Commerce Center which was fund by grants. Much of the approximately $790,000 increase in general revenues came about because of ad valorem property taxes yielding approximately $280,000 more revenue than in the prior year due to an increase in property values and new construction, unrestricted investment earnings increasing $153,000 to $240,000 due to increases in SBA deposits as well as a 1.6% increase in interest rates to 5.4% and finally, the City recognized $137,000 more in gain on sale of capital assets for a total of $196,000 due to sales and scrapping of more fixed assets than in the previous year. The public safety expenses increased approximately $218,000 to $2.8 million. Increases in salaries, supplies, fuel, repairs and retirement all contributed to the increase in public safety expenses. The physical environment expenses increased $390,000 to $1.065 million. The increase in physical environment expenses is due in part to increased trash collection fees and significant increases in road repairs related to road striping. FUND FINANCIAL ANALYSIS As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $8,025,671, an increase of $1,448,198 in comparison with the prior year. Approximately 83 percent of this total amount, $6,645,283 constitutes unreserved fund balance, which is available for spending at the government's discretion. The remainder of fund balance is reserved to indicate that it is not available for new spending because it has already been committed 1) for public facilities of $1,207,867, and 2) for a variety of other restricted purposes of $172,521. The general fund is the chief operating fund of the City. At the end of the current fiscal year, unreserved fund balance of the general fund was $6,652,239, while total fund balance was $8,028,444. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance and total fund balance represent approximately 109% and 131% of total general fund expenditures, respectively. ' CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis September 30, 2006 The Community Development Capital Project fund has a fund balance deficit of $(6,997) as of September 30, 2006. The community development projects are being funded on a reimbursement basis with federal and state ' grant funds. These grants do not allow for reimbursement of the cost of the grant administrator consultant fees, the engineering inspection fees, and certain costs that were incurred before the grant was in place. The City will absorb the costs of the community development projects not funded by the grants. ' General Fund Budgetary Highlights ' The amount appropriated for expenditures increased from $5,754,192 to $6,309,627 an increase of $555,435. The amounts expended in the categories of physical environment and debt service principal exceeded the budgeted amounts by a total of $132,699 and $8,252, respectively, which was offset by expenditures of $189,745 ' less than the budgeted amounts for general government, public safety, capital outlay, and debt service resulting in net expenditures of $48,794 less than budgeted. The expenditures in excess of appropriation were mostly due to additional costs as a result of the road repairs and increased fees for trash collection. The debt service principal was exceeded due to the allocation of the budget between principal and interest. CAPITAL ASSETS AND LONG-TERM LIABILITIES ' Capital assets. The City's investment in capital assets for its governmental funds as of September 30, 2006, amounts to $6,834,598 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, equipment, and construction in progress. During the year, the City's net capital asset balance decreased $133,226 from $6,967,824. ' Major changes to capital assets during the current fiscal year included the following: • Entered into a lease for twenty four police vehicles. ' • Sold 24 used police vehicles. • Construction of the sidewalks and parks for downtown. • Sold Commerce Center lot. City's Capital Assets ' (net of depreciation) 2006 2005 Land 1,2 5 1,301,965 Buildings 1,221,860 1,253,601 Improvements other than building 3,455,458 1,275,903 Equipment 866,315 835,983 Construction in progress - 2,300,372 Total $ 6,834,598 $ 6,967,824 Additional information on the City's capital assets can be found in note 4.C. on page 37 of this report. CITY OF OKEECHOBEE, FLORIDA Management's Discussion and Analysis ber 30, 2006 Long-term Liabilities Note payable Capital leases Compensated absences Total City's Outstanding Debt Long-term Liabilities 2006 2005 $ - $ 29,338 425,046 411,833 239,824 218,695 $ 664,870 $ 659,866 The City's long-term liabilities increased $5,004 (1 percent) during the current fiscal year. Long-term liabilities increased even though the note payable was paid off. The addition of a new capital lease for new police cars and additional liability for compensated absences were mostly offset by the sale of the old police cars and payoff of the amount owed on the related lease. Additional information on the City's long-term debt can be found in note 4E and 4F on pages 38-39 of this report. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET The City Council maintained the millage rate of 7.1899 for fiscal year 2007. Revenues for the fiscal year 2007 adopted budget for all funds of the City total approximately $15,600,000, an increase of 21.9% from the prior year budget for all funds of approximately $12,800,000. The major changes occur in the General Fund, Public Facilities Fund, Industrial Development Fund, and the CDBG Grant Fund. Expenditures for the fiscal year 2007 adopted budget for all funds of the City total approximately $7,800,000, an increase of approximately 9.9% from the prior year budget for all funds of approximately $7,100,000. The major changes occur in the General Fund, Public Facilities Fund, Industrial Development Fund, and the CDBG Grant Fund. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the City of Okeechobee's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, Florida 34974. 12 BASIC FINANCIAL STATEMENTS I 11 1z THIS PAGE IS INTENTIONALLY LEFT BLANK. CITY OF OKEECHOBEE, FLORIDA Statement of Net Assets - Governmental Activities September 30, 2006 ASSETS Cash and cash equivalents $ 8,163 458 Accounts receivable 126,814 Due from other governments 220,362 Inventories 10,663 Overfunded pension costs 706,141 Capital assets: Nondepreciable Land 1,290,965 Depreciable, net of accumulated depreciation Buildings 1,221,860 Improvements other than buildings 3,455,458 Equipment 866,315 Total assets i nA,? nllC, LIABILITIES Accounts payable Accrued expenses Deferred revenue Noncurrent liabilities: Due within one year Due in more than one year Total liabilities NET ASSETS Invested in capital assets, net of related debt Restricted for: Law enforcement Public facilities Unrestricted Total net assets 395,651 30,284 69,691 73,114 591,756 1,160,496 6,409,553 4,183 1,207,867 7,279,937 $ 14,901,540 The accompanying notes are an integral part of this financial statement. 15 CITY OF OKEECHOBEE, FLORIDA Statement of Activities - Governmental Activities Year Ended September 30, 2006 Functions/Programs Expenses Program Revenues Net (Expense) Operating Capital Revenue and Charges for Grants and Grants and Changes in Services Contributions Contributions Net Assets General government $ 1,134,619 $ 614,187 $ 190,464 $ - $ (329,968) Public safety 2,799,856 35,642 215,241 - (2,548,973) Transportation 716,294 55,992 486,744 - (173,558) Physical environment 1,064,591 - - 312,868 (751,723) Interest on long term debt 19,994 - - - (19,994) Total governmental activities $ 5,735,354 $ 705,821 $ 892,449 $ 312,868 (3,824,216) General revenues Property taxes 2,005,277 Public utility taxes 793,263 Franchise fees 492,638 Shared revenues not restricted to specific programs 1,282,709 Unrestricted investment earnings 240,438 Miscellaneous 84,177 Gain on sale of capital assets 195,525 Total general revenues 5,094,027 Change in net assets 1,269,811 Net assets, beginning 13,631,729 Net assets, ending $ 14,901,540 The accompanying notes are an integral part of this financial statement. 16 THIS PAGE IS INTENTIONALLY LEFT BLANK. CITY OF OKEECHOBEE, FLORIDA Balance Sheet - Governmental Funds September 30, 2006 Community Development Nonmajor General Capital Project Funds ASSETS Cash and cash equivalents $ 7,939,266 $ 219,968 $ 4,224 Accounts receivable 126,814 - - Due from other governments 175,885 44,477 - Due from other funds 265,321 - - Inventory 10,663 - - Total assets $ 8,517,949 $ 264,445 $ 4,224 LIABILITIES AND FUND BALANCES Liabilities Accounts payable $ 389,530 $ 6,121 $ - Accrued expenses 30,284 - - Due to other funds - 265,321 - Deferred revenue 69,691 - - Total liabilities 489,505 271,442 - Fund balances: Reserved for: Encumbrances 157,675 - - Inventory 10,663 - - Law enforcement - - 4,183 Public facilities 1,207,867 - - Unreserved, undesignated 6,652,239 (6,997) 41 Total fund balances (deficit) 8,028,444 (6,997) 4,224 Total liabilities and fund balances $ 8,517,949 $ 264,445 $ 4,224 Amounts reported for governmental activities in the statement of net assets are different because: Negative net pension obligation resulting from overfunding of the police officers' and firefighters' pension plans. Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. Long-term liabilities, including capital leases and notes payable are not due and payable in the current period and therefore are not reported in the funds. Net assets of governmental activities The accompanying notes are an integral part of this financial statement. 18 Total Governmen 31 Funds $ 8,163,458 126,814 220,362 265,321 10,663 $ 8,786,618 $ 395,651 30,284 265,321 69,691 760,947 157,675 10,663 4,183 1,207,867 6,645,283 8,025,671 706,141 6,834,598 (664,870) $ 14,901,540 19 CITY OF OKEECHOBEE, FLORIDA Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds Year Ended September 30, 2006 Revenues Taxes Intergovernmental Charges for services Licenses and permits Fines and forfeitures Interest and other Miscellaneous Total revenues Expenditures Current: General government Public safety Transportation Physical environment Capital outlay Debt service: Principal retired Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses) Transfers in/(out) Capital lease proceeds Proceeds from sale of capital assets Total other financing sources Net change in fund balances Fund balances (deficit), beginning of year Fund balances (deficit), end of year General $ 3,094,495 2,429,431 324,666 278,851 44,714 240,383 84,177 6,496,717 1,113,483 2,620,409 716,294 603,017- 561,493 471,717 19,994 6,106,407 390,310 42,593 455,592 441,500 939,685 1,329,995 6,698,449 $ 8,028,444 The accompanying notes are an integral part of this financial statement. 20 Community Development Capital Project Nonmaj or Funds Total Governmental Funds 3,094,495 92,472 - 2,521,903 - - 324,666 - - 278,851 - - 44,714 - 452 240,835 - - 84,177 92,472 452 6,589,641 43 125 1,113,651 - 9,282 2,629,691 - - 716,294 78,212 - 681,229 14,260 - 575,753 - - 471,717 - - 19,994 92,515 9,407 6,208,329 (43) (8,955) 381,312 - (42,593) - - - 455,592 - 169,794 611,294 - 127,201 1,066,886 (43) 118,246 1,448,198 (6,954) (114,022) 6,577,473 $ (6,997) $ 4,224 $ 8,025,671 21 CITY OF OKEECHOBEE, FLORIDA Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2006 Net change in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. The net effect of various miscellaneous transactions involving capital assets (i.e. sales, trade ins, and donations) is to increase net assets. The net effect of overfunded pension contributions that are reported as expenditures in the fund financial statements and are recorded as a net pension asset on the statement of net assets. The issuance of long-term debt (capital lease) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. This amount is the net effect of these differences in the treatment of long-term debt and related items. Compensated absences reported in the statement of activities when earned. As they do not require the use of current financial resources, they are not reported as expenditures on governmental funds until they have matured. This is the amount of compensated absences reported in the statement of activities in the prior year, that has matured in the current year. Change in net assets of governmental activities $ 1,448,198 62,544 (195,770) (40,157) 16,125 (21,129) $ 1,269,811 22 CITY OF OKEECHOBEE, FLORIDA Statement of Fiduciary Net Assets - Pension Trust Funds September 30, 2006 Assets Cash and cash equivalents Prepaid insurance Receivables Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund Balances Reserved for pension benefits Total liabilities and fund balances • • 1' hj 1 UNIT General Pension Employees' Trust Funds Pension Trust $ 6,463,844 $ 4,943,674 - 3,858 53,635 48,943 $ 6,517,479 $ 4,996,475 $ 20,979 $ 12,745 6,496,500 4,983,730 $ 6,517,479 $ 4,996,475 The accompanying notes are an integral part of this financial statement. 23 CITY OF OKEECHOBEE, FLORIDA Statement of Changes in Fiduciary Net Assets - Pension Trust Funds Year Ended September 30, 2006 Additions Contributions State City Employees Total contributions Investment earnings: Net increase in the fair value of investments Interest and dividends Less investment expense Net investment income Total additions Deductions Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year COMPONENT UNIT General Pension Employees' Trust Funds Pension Trust $ 185,553 $ - 191,188 282,892 62,306 155,620 439,047 438,512 458,562 352,211 10,563 8,657 469,125 360,868 (39,221) (30,098) 429,904 330,770 868,951 769,282 179,127 156,186 45,020 44,302 42,992 19,272 267,139 219,760 601,812 549,522 5,894,688 4,434,208 $ 6,496,500 $ 4,983,730 The accompanying notes are an integral part of this financial statement. 24 1 ' CITY OF OKEECHOBEE, FLORMA Notes to Financial Statements September 30, 2006 NOTE CONTENTS PAGE ' l . SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity 27 B. Government -wide and Fund Financial Statements 27 ' C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation 28 D. Assets, Liabilities, and Net Assets or Equity 29 1. Cash and investments 29 ' 2. Receivables and payables 30 3. Prepaid items 30 4. Capital assets 31 ' 5. Compensated absences 31 6. Long-term obligations 31 7. Fund equity 32 ' 2. RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS ' A. Explanation of certain differences between the governmental fund balance sheet and the government -wide statement of net assets B. Explanation of certain differences between the governmental fund statement of revenues, 32 ' expenditures, and changes in fund balances and the government -wide statement of activities 32 ' 3. STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY A. Budgetary information 33 ' 4. DETAILED NOTES ON ALL FUNDS A. Deposits and investments 34 ' B. Receivables 36 C. Capital assets 37 D. Interfund receivables, payables, and transfers 38 ' E. Capital lease 38 F. Changes in long-term liabilities 39 ' 5. OTHER INFORMATION A. Risk Management 39 ' B. Retirement Commitments - Defined Benefit Plans 39 6. CAPITAL PROJECT FUND BALANCE DEFICIT 43 ' 7. SUBSEQUENT EVENTS 43 THIS PAGE IS INTENTIONALLY LEFT BLANK. ' CITY OF OKEECHOBEE, FLORIDA ' Notes to Financial Statements September 30, 2006 ' NOTE 1- SUI MARY OF SIGNIFICANT ACCOUNTING POLICIES ' A. REPORTING ENTITY The City of Okeechobee (the City) was originally incorporated in 1915 and its present charter was adopted in 1919 ' under Chapter 8318 of Special Acts of 1919. The City operates under the council form of government and provides the following services: general government, public safety, transportation, and physical environment. ' These financial statements present the primary government and its component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are combined with data of the primary government. The City has no blended component units. Discretely presented ' component units are entities that are legally separate from the City, but whose relationship with the City are such that the exclusion would cause the City's financial statements to be misleading or incomplete. The financial data of these entities are reported in a separate column in the combined financial statements. ' Discretely Presented Component Unit ' City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System — Substantially all of the City's general employees and the employees of the Okeechobee Utility Authority participate in this cost sharing, multiple employer public employee retirement system. The plan was established by City Ordinance No. 655, as ' amended and restated by City Ordinance No. 686. Complete financial statements for this component unit may be obtained from the City's administrative offices located at: ' 55 S. E. Third Avenue Okeechobee, Florida 34974 ' B. GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS ' The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. Governmental activities are those which normally are supported by taxes and intergovernmental revenues. Likewise the primary ' government is reported separately from certain legally separate component units for which the primary government is financially accountable. ' The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program reve- nues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or ' privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2006 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, charges for services, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds: The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The community development capital project fund accounts for the assets, liabilities, revenues and expenditures related to the construction of infrastructure and other improvements in the City of Okeechobee. Additionally, the City reports the following fund types: The pension trust fund account is used to account for assets held by the City in a fiduciary capacity for the police officers' and firefighters' pension plans. The funds are operated by carrying out specific terms of statutes, ordinances and other governing regulations. ' CITY OF OKEECHOBEE, FLORIDA ' Notes to Financial Statements September 30, 2006 INOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) IC. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION (CONTINUED) ' Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in the government -wide financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. ' The effect of interfund activity has been eliminated from the government -wide financial statements. ' Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Expenses for compensated absences are allocated based on the assigned function of the related employee. ' When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first, then unrestricted resources as they are needed. ' D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY I. Cash and investments State statutes authorize the government to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest -bearing time deposits or savings accounts in qualified public depositories, and direct obligations of the U. S. Treasury. Investments in the Local Government Surplus Funds Trust Fund, a 2a-7 like pool, are carried at amortized cost, which approximates fair value. A "2a-7 like pool" is an external investment pool that is not registered with the SEC as an investment company, but nevertheless has a policy that it will, and does, operate in a manner consistent with ' the SEC's Rule 2a-7 of the Investment Company Act of 1940, which comprises the rules governing money market funds. Thus, the pool operates essentially as a money market fund. The fair value of the position in the pool is the same as the share value of the pool share. ' The City pools the investments of its governmental funds. Investment earnings of the pool are allocated to the participating funds at the end of each month based on the ratio of each participant funds' investment to the total pooled investment. ' For purposes of the fiduciary funds, cash and cash equivalents include cash deposits and cash funds held in broker accounts. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2006 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 1. Cash and investments (continued) Within the pension trust fund, the City of Okeechobee Police Officers' and Firefighters' Retirement System is authorized within certain limitations by its governing board to invest in time, savings, and money market deposits, obligations of the U.S. government and government agencies, stocks, commingled funds administered by national or state banks, mutual funds, bonds, and foreign securities. The City of Okeechobee General Employees' Retirement System is authorized within certain limitations by its governing board to invest in certificates of deposit, repurchase agreements, commercial paper, obligations of the U.S. government and government agencies, stocks, bonds, and foreign securities. Pension trust fund investments are reported at fair value. Short-term investments are reported at cost, which approximates fair value. Securities traded on a national or international exchange are valued at the last reported sales price. Investments that do not have an established market are reported at estimated fair value. Gains and losses from the sale or exchange of investments are recognized on the transaction date. The difference between the excess of fair value over cost represents unrealized gains. 2. Receivables and payables All trade and property tax receivables are considered to be fully collectible. The City's property tax is levied annually on the real and personal property located in the City on January 1 st of the prior year. Tax collections by the Okeechobee County tax collector begin in November of each year with a due date of March 31 of the following year. All property taxes remaining unpaid at May 30 are subject to a tax certificate sale. The City is permitted by state law to levy taxes up to 10 mills on assessed valuation for the General Fund. The tax rate for the fiscal year was 7.1899 mils. The City Council determines the millage rates and adopts a tax levy by resolution prior to September 30 to fund the next ensuing fiscal year's budget. The assessment of all properties and collection of municipal taxes are provided by the County's Property Appraiser and Tax Collector. The ad valorem tax calendar is as follows: Lien date - January 1 Levy date - Prior to September 30 Due date - November 1 Delinquent date - April 1 All property taxes remaining unpaid at May 30 are subject to a tax certificate sale by the Tax Collector. 3. Prepaid items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. ' CITY OF OKEECHOBEE, FLORIDA ' Notes to Financial Statements September 30, 2006 ' NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ' D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 4. Capital assets ' Capital assets, which include: property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. ' The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Property, plant, and equipment is depreciated using the straight line method over the following estimated useful ' lives: Assets Years Buildings 25-60 Building improvements 12-20 Vehicles 10 Equipment 5-15 S. Compensated absences It is the government's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. All sick and vacation pay is accrued when incurred in the government -wide financial statements A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee ' resignations and retirements. 6. Long-term obligations ' In the government -wide financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net assets. ' In the governmental fund financial statements, the face amount of debt issued is reported as other financing sources. ' The City has no bond premiums, discounts, or issuance costs associated with its long-term obligations. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2006 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. ASSETS, LIABILITIES, AND NET ASSETS OR EQUITY (CONTINUED) 7. Fund equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Reserves for encumbrances represent amounts remaining on outstanding purchase orders and contracts that are not available for appropriation. Reserves for inventory represent amounts paid from current resources for use in future years that are not available for appropriation. Reserves for law enforcement and public facilities represent amounts that are legally restricted by outside parties for specific purposes. NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS A. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS The governmental fund balance sheet includes a reconciliation between fund balance -total governmental funds and net assets -governmental activities as reported in the government -wide statement of net assets. One element of that reconciliation explains that "long-term liabilities, including bonds payable, if any, are not due and payable in the current period and therefore are not reported in the funds". The details of this $664,870 difference are as follows: Capital leases payable Compensated absences Net adjustment to reduce fund balance - total governmental funds to arrive at net assets -governmental activities $ 425,046 239,824 $ 664,870 B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXENDITURES, AND CHANGES IN FUND BALANCES AND THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES The governmental fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net changes in fund balances - total governmental funds and changes in net assets of governmental activities as reported in the government -wide statement of activities. One element of that reconciliation explains that "governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense". The details of this $62,544 difference are as follows: Capital outlay Depreciation expense $ 575,753 (513,209) Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities $ 62,544 2 ' CITY OF OKEECHOBEE, FLORMA ' Notes to Financial Statements September 30, 2006 NOTE 2 — RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (CONTINUED) ' B. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL FUND STATEMENT OF REVENUES, EXENDITURES, AND CHANGES IN FUND BALANCES AND ' THE GOVERNMENT -WIDE STATEMENT OF ACTIVITIES (CONTINUED) Another element of that reconciliation states that "The net effect of various miscellaneous transactions involving capital assets (i.e., sales, trade-ins, and donations) is to decrease net assets". The details of this $195,770 difference are as follows: In the statement of activities, only the gain on the sale of capital assets is reported. However, in the governmental funds, the proceeds from the sale increase financial resources. Thus, the change in net assets differs from the change in fund balance by the cost of the capital assets sold. $ (611,295) The statement of activities reports gains arising from the disposal of capital assets. However, these disposals do not appear in the governmental funds because ' the assets are not financial resources. 195,525 Donations of capital assets increase net assets in the statement of activities, but ' do not appear in the governmental funds because they are not financial resources. 220,000 Net adjustment to increase net changes in fund balances — total governmental ' funds to arrive at changes in net assets of governmental activities $ 195,770 Another element of that reconciliation states that "the issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds". Neither transaction, however, has any effect on net assets. The details of this $16,125 difference are as follows: Debt issued or incurred: Capital lease financing $ (455,592) Principal repayments 471,717 ' Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities $ 16,125 NOTE 3 — STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. BUDGETARY INFORMATION As permitted by GASB Statement No. 34, Basic Financial Statements and Management Discussion and Analysis for State and Local Governments, the City has elected to disclose all budgetary information in the notes to the required supplementary information on page 47. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2006 NOTE 4 — DETAILED NOTES ON ALL FUNDS A. DEPOSITS AND INVESTMENTS Banks and savings and loans must meet the criteria to be a qualified public depository as described in the Florida Security for Public Deposits Act in accordance with Chapter 280, Florida Statutes before any investment of public funds can be made with them. At year end, the carrying amount of the City's (Primary Government) deposits was $3,420,017 and the bank balance was $3,568,833. In addition, the City holds $324 of petty cash. The component units carrying amount of deposits was $110,813 and the bank balance was $110,813. Monies invested in amounts greater than the FDIC insurance coverage are secured by the banks pledging securities with the State Treasurer in the multiple financial institutions collateral pool. The investment of municipal funds is authorized by local ordinance and Florida Statutes which allow the City to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest -bearing time deposits or savings accounts in qualified public depositories, direct obligations of the U.S. Treasury, commercial paper with certain ratings, pre -refunded municipal obligations, banker's acceptances maturing within one year, investment agreements, direct and general long-term and short-term obligations of any state with proper credit rating and full faith and credit pledge, municipal obligations with proper credit rating and repurchase agreements with maturities of 30 days or less with organizations with certain stipulations and requirements. The Municipal Police Officers' and Firefighters' pension trust funds are authorized to invest in annuity and life insurance contracts; insured time or savings accounts of banks, saving and loan associations, and credit unions; obligations of the U.S Government or agencies thereof; bonds issued by the State of Israel; stocks, commingled funds administered by national or state banks, mutual funds, bonds, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; foreign securities up to 10% of the fund assets; and real estate, provided the cost is no more than 10%. The City of Okeechobee and the Okeechobee Utility Authority Employees' Retirement System (Discretely Presented Component Unit) is authorized to invest in annuity and life insurance contracts; insured time or savings accounts of banks or savings and loan associations; obligations of the U.S Government or agencies thereof, bonds issued by the State of Israel; and bonds, stocks, commingled funds administered by national or state banks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided the security is traded on a nationally recognized exchange and holds a rating in one of the three highest classifications. Credit risk In accordance with Florida Statute 218.415, it is the City's policy to invest in certificates of deposit and pooled investment accounts with the State Board of Administration. Interest rate risk In accordance with Florida Statute 218.415(6) the City's policy is to match investment maturities with known cash needs and anticipated cash flow requirements. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements ber 30, 2006 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) A. DEPOSITS AND INVESTMENTS (CONTINUED) At September 30, 2006, the City had the following investments: Investment Type Government -wide Local government surplus fund trust fund investment pool Pension Funds Investment Maturity (years) Fair Value Less than 1 1-5 Over 6 $4,743,117 $4,743,117 - Rating Unrated Fixed income securities have inherent financial risks, including credit risk and interest rate risk. Credit risk for fixed income securities is the risk that the issuer will not fulfill its obligations. Nationally recognized statistical rating organizations ("NSROs"), such as Moody's and Standard and Poor's, assign credit ratings to security issuers and issues that indicate a measure of potential credit risk to investors. Fixed income securities considered investment grade are those rated at least l3aa by Moody's and BBB by Standard and Poor's. Concentration of credit risk is an increased risk of loss which occurs as more investments are acquired from one issuer (i.e. lack of diversification). Interest rate risk exists when there is a possibility that changes in interest rates could adversely affect an investment's fair value. Custodial credit risk for deposits exists when, in the event of the failure of a depository financial institution, an entity may be unable to recover deposits, or collateral securities, that are in the possession of an outside party. The investments of the Plan included shares of an intermediate term bond fund comprising approximately 39% of ' the investments and an international equity fund comprising approximately 9% of the investments. The portfolio characteristics of the intermediated term bond fund, which was comprised of approximately 30% U.S. Government and Federal Agency Securities, includes an average maturity of 7.5 years with an effective duration of 3.7 years. ' The fund philosophy is to invest in domestic corporate investment grade bonds rated A or higher by major credit rating agencies, mortgages and U.S. Government Securities. The Fund itself was not rated by a major credit rating agency. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements September 30, 2006 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) A. DEPOSITS AND INVESTMENTS (CONTINUED) Investment Tyne Proprietary Funds Common and Collective Funds B. RECEIVABLES Receivables as of September 30, 2006 are as follows: Fair Value Rating $ 1,030,475 Unrated 10,266,230 Unrated $ 11,296,705 Municipal Municipal Component Unit Police Officers' Firefighters' General Pension Pension Employees General Fund Trust Trust Pension Trust Franchise/Utility taxes $ 57,836 $ - $ - $ - Garbage 48,128 - - - Contributions - 44,559 9,076 48,943 Other 20,850 - - - Receivables, net $ 126,814 $ 44,559 $ 9,076 $ 48,943 ' CITY OF OKEECHOBEE, FLORMA ' Notes to Financial Statements September 30, 2006 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) ' C. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2006 was as follows: ' Beginning Transfers Ending Balance _ Increases Decreases Balance ' Governmental activities: Capital assets, not being depreciated: Land $ 1,301,965 $ - $ (11,000) $ 1,290,965 Construction in progress 2,300,372 (2,300,372) - - ' Total capital assets, not being depreciated 3,602,337 (2,300,372) (11,000) 1,290,965 Capital assets, being depreciated: Buildings 1,592,277 - = 1,592,277 ' Improvements other than buildings 1,530,115 2,534,632 4,064,747 Equipment 1,620,822 561,493 (474,987) 1,707,328 ' Total capital assets being depreciated 4,743,214 3,096,125 (474,987) 7,364,352 Less accumulated depreciation for: Buildings (338,676) (31,741) - (370,417) Improvements other than buildings (254,212) (355,077) - (609,289) ' Equipment (784,839) (126,391) 70,217 (841,013) Total accumulated depreciation (1,377,727) (513,209) 70,217 (1,820,719) ' Total capital assets, being depreciated, net 3,365,487 2,582,916 (404,770) 5,543,634 Governmental activities capital assets, net $ 6,967,824 $ 282,544 $ (415,770) $ 6,834,598 ' Depreciation expense was charged to functions /programs of the government as follows: ' Governmental activities: General government $ 19,552 Public safety 115,578 ' Physical environment 378,079 Total depreciation expense - governmental activities $ 513,209 7 CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2006 NOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) D. INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS The composition of interfund balances as of September 30, 2006, is as follows: Due to/from other funds: Receivable Fund le Fund Amnnnt General Community Development Capital Project $ 265,321 The City's capital projects are funded by federal and state grants on a reimbursement basis. The City advanced funds from the General Fund to the Capital Project Fund for the payment of the project costs. Once reimbursement is received under the grants the advances will be repaid. E. CAPITAL LEASE The government has entered into a lease agreement as lessee for financing the acquisition of certain vehicles for the police, fire and public works departments. This lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of its future minimum lease payments as of the inception date. The assets acquired through the capital lease are as follows: Asset: Vehicles $ 455,592 Less: Accumulated depreciation (19,472) Total $ 436,120 Obligations of governmental activities under the capital lease at September 30, 2006, were as follows: Year Ending Sept. 30, Principal Interest Total 2007 $ 51,769 $ 20,231 $ 72,000 2008 54,399 17,601 72,000 2009 98,212 14,584 112,796 2010 145,281 7,052 152,333 2011 75,385 1,412 76,797 Total $ 425,046 $ 60,880 $ 485,926 CITY OF OKEECHOBEE, FLORMA ' Notes to Financial Statements September 30, 2006 INOTE 4 — DETAILED NOTES ON ALL FUNDS (CONTINUED) ' F. CHANGES IN LONG-TERM LIABILITIES Long-term liability activity for the year ended September 30, 2006, was as follows: ' Beginning Ending Due Within Balance Additions Reductions Balance One Year ' Governmental activities: Notes payable $ 29,338 $ - $ (29,338) $ - $ - ' Capital lease 411,833 455,592 Compensated absences 218,695 39,002 (442,379) (17,873) 425,046 239,824 51,769 21,345 Long-term liabilities $ 659,866 $ 494,594 $ (489,590) $ 664,870 $ 73,114 For the governmental activities, compensated absences and capital leases are generally liquidated by the general fund. ' NOTE 5 — OTHER INFORMATION ' A. RISK MANAGEMENT The City is exposed to various risks of loss, including, but not limited to theft, damage or destruction of its ' buildings, equipment, records, and monetary assets, and liability for personal injury, property damage, and consequences of employee and public official actions. The City participates in a non -assessable public risk pool to cover significant loss exposure and purchases commercial insurance for third party pollution liability coverage. The pool maintains a loss reserve and purchases specific excess insurance, aggregate excess insurance and multiple loss coverage from commercial carriers and underwriters. ' B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS Plan Descriptions — The City contributes to two single -employer defined benefit pension plans: City of Okeechobee Municipal Police Officers' Pension Trust Fund and City of Okeechobee Municipal Firefighters' Pension Trust Fund ' (the Plans). The Plans provide retirement, disability, and death benefits to plan members and their beneficiaries. Chapters 185 and 175 of the Florida Statutes establish the minimum benefits and the minimum standards for the operation and funding of the Police Officers' and the Firefighters' Municipal Pension Trust Funds, respectively. Per City Ordinances Nos. 750 and 749, sole responsibility for administering the Plans is vested in the Board of Trustees of each plan. The Boards cannot amend the provisions of the plans without the approval of the City. The Plans issue publicly available financial reports that include financial statements and required supplementary information. ' The reports are available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. CITY OF OKEECHOBEE, FLORIDA Notes to Financial Statements 30, 2006 NOTE 5 — OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS (CONTINUED) Funding Policies — The contribution requirements of plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 5% of their annual covered salary for the Police Officers' and Firefighters' Municipal Trust Funds. The City is required to contribute an amount equal to the difference in each year between the total aggregate member contributions for the year, plus state contributions for such year, and the normal cost for the year, as shown by the most recent actuarial valuation of the plan; the current rate is 16.86% for the Police Officers' plan and 5.94% for the Firefighters' plan. The City recognized as revenues and expenditures on -behalf payments relating to pension contributions for its public safety employees that the State of Florida paid to the Police Officers' and Firefighters' Plans in the amounts of $134,181 and $51,372, respectively. These contributions are funded by an excise tax upon certain casualty insurance companies on their gross receipts of premiums from policy holders. Annual Pension Cost — The annual required pension contributions for the Plans were determined as part of the October 1, 2006 actuarial valuations using the aggregate actuarial cost method. The aggregate actuarial cost method does not identify or separately amortize unfunded actuarial liabilities. The actuarial assumptions included (a) 7% investment rate of return (net of administrative expenses) and (b) projected salary increases of 6% for both the Police Officer's Trust and Firefighter's Trust. Both (a) and (b) included an inflation component of 4%. The actuarial value of assets was determined using a method which recognizes actual investment return in excess of the assumed return evenly over a four year period. Trend information for each of the City's defined benefit plans: Annual Percentage Net Year Pension Of APC Pension Ending Cost (APC) Contributed Obligation Municipal Police Officers' 9/30/04 $ 200,959 93 % $ (375,035) 9/30/05 213,688 105 (385,076) 9/30/06 278,439 96 (348,367) Municipal Firefighters' 9/30/04 $ 45,897 102 % $ (363,775) 9/30/05 53,415 95 (361,222) 9/30/06 45,897 96 (357,774) CITY OF OKEECHOBEE, FLORIDA U Notes to Financial Statements September 30, 2006 NOTE 5 — OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS — DEFINED BENEFIT PLANS (CONTINUED) Pension Plan — Discretely Presented Component Unit Plan Description - The City contributes to the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System (the System), a cost -sharing multiple employer defined benefit pension plan administered by the System's Board of Trustees. The System provides retirement, disability, and death benefits to plan members and their beneficiaries. The Board of Trustees is authorized by City Ordinance No. 686 to establish and amend all plan provisions. The System issues a publicly available financial report that includes financial statements and required supplementary information. That report is available from the City of Okeechobee, Florida, 55 S.E. Third Avenue, Okeechobee, Florida 34974. ' Funding Policy — The contribution requirements of the plan members and the City are established and may be amended by City ordinance. Plan members are required to contribute 6% of their covered annual salary. The City is required to contribute at an actuarially determined rate; the current rate is 11.04% of covered payroll. The City's ' contributions for the years ended September 30, 2006, 2005, and 2004 were $81,262, $68,164, and $65,511, respectively, and were equal to the required contributions for each year. Pension trust funds fiduciary net assets activity as of September 30, 2006 was as follows: ASSETS Cash and cash equivalents Prepaid insurance Receivables Total assets LIABILITIES Accounts payable FUND BALANCES Reserved for pension benefits Total liabilities and fund balances Firefighters' Pension $ 1,919,456 9,076 $ 1,928,532 $ 7,178 Police Officers' Pension $ 4,544,388 44,559 $ 4,588,947 $ 13,801 1,921,354 4,575,146 Total Pension Trust Funds $ 6,463,844 53,635 $ 6,517,479 $ 20,979 COMPONENT UNIT General Employees' Pension $ 4,943,674 3,858 48,943 $ 4,996,475 $ 12,745 496,500 4,983,730 $ 1,928,532 $ 4,588,947 $ 6,517,479 $ 4,996,475 __ 41 CITY OF OKEECHOBEE, FLORWA Notes to Financial Statements September 30, 2006 NOTE 5 - OTHER INFORMATION (CONTINUED) B. RETIREMENT COMMITMENTS - DEFINED BENEFIT PLANS (CONTINUED) Pension trust funds increase in fiduciary net assets activity as of September 30, 2006 was as follows: ADDITIONS Contributions State City Employees Total contributions Investment earnings: Net increase in fair value of investments Interest and dividends Total investment earnings Less investment expense Net investment income Total additions DEDUCTIONS Benefits paid to participants Refunds on termination Administrative expenses Total deductions Change in net assets Net assets held in trust for pension benefits, beginning of year Net assets held in trust for pension benefits, end of year COMPONENT UNIT Total General Firefighters' Police Pension Employees' Pension Pension Trust Funds Pension $ 51,372 $ 134,181 $ 185,553 $ - 26,004 165,184 191,188 282,892 20,244 42,062 62,306 155,620 97,620 341,427 439,047 438,512 137,187 321,375 458,562 352,211 3,177 7,386 10,563 8,657 140,364 328,761 469,125 360,868 (11,733) (27,488) (39,221) (30,098) 128,631 301,273 429,904 330,770 226,251 642,700 868,951 769,282 30,477 148,650 179,127 156,186 1,885 43,135 45,020 44,302 15,142 27,850 42,992 19,272 47,504 219,635 267,139 219,760 178,747 423,065 601,812 549,522 1,742,607 4,152,081 5,894,688 4,434,208 $ 1,921,354 $ 4,575,146 $ 6,496,500 $ 4,983,730 ' CITY OF OKEECHOBEE, FLORMA ' Notes to Financial Statements September 30, 2006 NOTE 6 - CAPITAL PROJECT FUND BALANCE DEFICIT ' Expenditures exceeded revenue in the Community Development Capital Project fund which resulted in a fund balance deficit. The expenditures in this capital project fund that are not reimbursed by grants will be funded by the General Fund. ' NOTE 7 - SUBSEQUENT EVENTS ' On January 2, 2007, the Council awarded the Commerce Center Northeast 12th Street Extension contract in the amount of $416,655. Subsequent to year end, the City entered a lease agreement to purchase twenty-four 2007 police vehicles at $20,000 per vehicle. ' 4 THIS PAGE IS INTENTIONALLY LEFT BLANK. 44 REQUIltED SUPPLEMENTARY INFORMATION OTHER THAN MANAGEMENT'S DISCUSSION AND ANALYSIS CITY OF OKEECHOBEE, FLORIDA Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual General Fund Year Ended September 30, 2006 Revenues Taxes Intergovernmental Charges for services Licenses and permits Fines and forfeitures Interest Miscellaneous Total revenues Expenditures Current: General government Public safety Transportation Physical environment Capital outlay Debt service Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses) Operating transfers in (out) Capital lease proceeds Sale of capital assets Net other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing sources (uses) Fund balances, beginning of year Fund balances, end of year Reconciliation of budgetary to GAAP basis Current year encumbrances Prior year encumbrances Actual Variance with Original Final (on Budgetary Final Budget Budget Budget Basis) Positive (Negative) $ 2,798,326 $ 2,798,326 $ 3,094,495 $ 296,169 2,150,423 2,150,423 2,429,431 279,008 288,328 288,328 324,666 36,338 236,316 236,316 278,851 42,535 26,782 26,782 44,714 17,932 70,000 70,000 240,383 170,383 4,500 4,500 84,177 79,677 5,574,675 5,574,675 6,496,717 922,042 1,213,144 2,638,676 731,469 612,000 611,017 463,465 39,856 6309627 1,213,144 2,638,676 731,469 612,000 611,017 463,465 ';9 RS6 (734,952) (734,952) (85,000) Gidi, (85,000) C1nn (84,400) (64,400) (819,352) (819,352) 6,698,449 6,698,449 $ 5,879,097 $ 5,879,097 1,118,451 94,693 2,620,469 18,207 716,294 15,175 744,699 (132,699) 569,209 41,808 471,717 (8,252) 19,994 19,862 6,260,833 48,794 235,884 970,836 42,593 127,593 455,592 455,592 441,500 440,900 939,685 1,024,085 1,175,569 1,994,921 6,698,449 - 7,874,018 $ 1,994,921 157,675 (3,249) $ 8,028,444 The accompanying notes to required supplementary information are an integral part of this financial schedule. 46 ' CITY OF OKEECHOBEE, FLORMA ' Notes to Required Supplementary Information September 30, 2006 IA. BUDGETARY INFORMATION ' Annual budgets are adopted on a basis consistent with U.S. generally accepted accounting principles for all governmental funds. All annual appropriations lapse at fiscal year end. The City manager may make transfers of appropriations within a department as long as the total budget of the department is not increased. Transfers of appropriations between departments require the approval of the council. The legal level of budgetary control (i.e., the level at which expenditures may not legally exceed appropriations) is the department level. The council made several supplemental budgetary appropriations during the year. ' Encumbrances accounting is employed in governmental funds. Encumbrances (e.g., purchase orders, contracts) outstanding at year end are reported as reservations of fund balances and do not constitute expenditures or liabilities ' because the commitments will be re -appropriated and honored during the subsequent year. For the year ended, budget expenditures exceeded revenues in the General fund. However, this is pursuant to the ' legally adopted budget to expend available fund equity (cash carryforward) and does not constitute a deficit. For the year ended September 30, 2006, physical environment expenditures and debt service expenditures ' exceeded appropriations in the general fund by $132,699 and $8,252, respectively. These excess expenditures were covered by available fund balance in the general fund. 0 THIS PAGE IS INTENTIONALLY LEFT BLANK. �t&JMAXDW"W, Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor and Members of the City Council City of Okeechobee, Florida We have audited the financial statements of the governmental activities, each major fund, and the aggregate fund information of the City of Okeechobee, Florida, as of and for the year ended September 30, 2006, which collectively comprise the City's basic financial statements and have issued our report thereon dated February 9, 2007. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We did not audit the financial statements of the fiduciary fund type and the discretely presented component unit. Those financial statements were audited by other auditors whose reports have been furnished to us, and this report, insofar as it relates to the fiduciary fund type and the discretely presented component unit, is based on the reports of the other auditors. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of Okeechobee, Florida's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Okeechobee, Florida's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions Certified Public A ccoun tan ts 215 Baytree Drive I Melbourne, FL 32940 1 p: (321) 255.0088 1 F. (321) 259.8648 2221 Lee Road, Suite 15 1 Winter Park, FL 32789 1 p: (407) 422.16811 F (407) 423.1681 www.hoyman.com Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Two was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or -)ther matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the City of Okeechobee, Florida in a separate letter, Independent Auditors' Management Letter, dated March 27, 2007. This report is intended solely for the information and use of the City of Okeechobee, Florida, City Council, management, and the State of Florida Office of the Auditor General and is not intended to be and should not be used by anyone other than these specified parties. ,e4t'Ir+! J4",V Hoyman Dobson Melbourne, Florida March 27, 2007 Ff I i ��i - ' Independent Auditors' Management Letter ' Honorable Mayor and Members of the City Council City of Okeechobee, Florida ' We have audited the financial statements of the City of Okeechobee, Florida as of and for the fiscal year ended September 30, 2006, and have issued our report thereon dated March 27, 2007. ' We conducted our audit in accordance with United States generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Compliance and Internal Control over Financial Reporting. Disclosures in that report, which ' is dated March 27, 2007, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor ' General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. ' The Rules of the Auditor General (Section 10.554(1)(h)1.) require that we address in the management letter, if not already addressed in the auditors' reports on compliance and internal controls, whether or not recommendations made in the preceding annual financial audit report have been followed. The recommendations made in the ' preceding annual financial audit report have been corrected except as noted below under the heading Prior Year Findings and Recommendations. As required by the Rules of the Auditor General (Section 10.554(I)(h)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Okeechobee, Florida complied with Section 218.415, Florida Statutes. rThe Rules of the Auditor General (Section 10.554(1)(h)3.) require that we address in the management letter any findings and recommendations to improve financial management, accounting procedures, and internal controls. In ' connection with our audit, we had the following such findings: Certified Public Accoun tan ts 215 Baytree Drive I Melbourne, FL 32940 1 p: (321) 255.0088 1 B (321) 259.8648 2221 Lee Road, Suite 15 1 Winter Park, FL 32789 1 p: (407) 422.16811 B (407) 423.1681 I www.hoyman.com Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Two FINANCIAL MANAGEMENT, ACCOUNTING PROCEDURES, AND INTERNAL CONTROLS 1. Journal Entries Criteria: Management is responsible for establishing and maintaining effective control over and accounting for the assets of the City. Context: During our testing of journal entries we noted the absence of formal documentation and approval of entries made to the general ledger. While selecting journal entries from an "edit" report for testing it was noted that there were corrections of correcting entries. We also noted that the explanations accompanying the entries were inadequate in many instances. Effect: The accounting records could be adjusted by journal entries without proper approval or supporting documentation. Cause: The City does not have a system for documentation and approval of journal entries. Recommendation: We recommend the adoption of a policy whereby prior to entry in the accounting software, journal entries are formally prepared on a standardized worksheet with a full explanation and with reference to adequate supporting data. All entries should be initialed by the preparer and the individual approving them in order to attribute responsibility to the appropriate individuals. We further recommend the worksheets be maintained in a file in numerical order for easy access. Management's Response: Presently journal entries are made and are kept chronologically together for reference and review. The log and the entries as well as the documentation will continue to be available for review by all requesting the information. A list of numbered journal entries will be provided to the City Administrator for approval prior to entry in the accounting software. 2. Expenditures in Excess of Budget Criteria: Management is responsible for budgetary control of the City's expenditures. Context: The Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual for the General Fund indicates expenditures exceeded the budgeted amount for the line items Physical Environment and Interest. Several departments are included in this line item which in total exceeds the budgeted amounts by $132,699 and $8,252, respectively. Effect: Exceeding the budgeted amount for individual line items of the budget could result in the City incurring expenditures in excess of appropriations and is in noncompliance with Florida Statutes. Cause: It does not appear the budget was monitored sufficiently to determine the need for transfers of funds within a department or the need to amend the budget to take into consideration the actual expenditures of the City. Recommendation: The budget is a tool for the management to monitor expenditures and maintain control over spending. We recommend the City utilize this tool to compare actual to budgeted expenditures to enable consistent monitoring and control of the City's expenditures, thereby, insuring they are within the limits set by the Board of Commissioners. ' Honorable Mayor and Members of the City Council City of Okeechobee, Florida ' Page Three Management's Response: Continuous review of the budget and budget expenditures is made throughout the year. Management had already made the decision to complete a mid year amended budget to present to council for review and amendment for expenditures. The items included in the "Physical Environment Department" include more than one department. Our City charter allows overages as long as the department does not exceed the budget. PRIOR YEAR FINDINGS AND RECOMMENDATIONS 1. Credit Card Policy Criteria: Written policies and procedures, which clearly define responsibilities of employees, are essential in order to provide both management and employees with guidelines regarding the efficient and consistent conduct of City business and the effective safeguarding of the City's assets. In addition, written policies and procedures, if properly designed, communicated to employees, and effectively placed in operation; provide management additional assurances that City activities are conducted in accordance with applicable laws, ordinances, and other guidelines. Also, written policies and procedures assist in the training of new employees. Context: During our testing of travel and credit card expenditures we noted inconsistent documentation of credit card expenditures. Effect: The lack of a policy contributes to the opportunity for fraud and/or abuse to occur. Cause: The City does not have a written policy that provides guidance for the use of credit cards when employees travel on City business. Recommendation: We recommend the City implement a comprehensive written credit card policy consistent with applicable laws, ordinances, and other guidelines that complements the existing travel policy. Management's Response: A Travel/Per Diem and Credit Card Policy has been implemented and disseminated to Department heads and their employees. This will continue to ensure the services and commodities purchased are necessary for the Citys' operation. The Rules of the Auditor General (Section 10.554(1)(h)4.) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on compliance and internal controls and are not clearly inconsequential: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures, (3) improper or inadequate accounting procedures (e. g., the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. Our audit disclosed no matters required to be disclosed by the Rules of the Auditor General (Section 10.554(1)(h)4.). The Rules of the Auditor General (Section 10.554(1)(h)5.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. The City of Okeechobee, Florida was originally chartered as a Town on September 11, 1959. On July, 1970, the City was incorporated as a political subdivision of the State of Florida with a six member Council, including a Mayor and Deputy -Mayor. The City of Okeechobee was created pursuant to Chapter 70-983, Laws of Florida, Regular Session 1970. In November 1989, a Honorable Mayor and Members of the City Council City of Okeechobee, Florida Page Four seventh Council member was added and the Mayor became a voting member. The Mayor and Council are elected by the registered voters of the City of Okeechobee, with the entire Council selecting the Deputy -Mayor. The Council appoints the City Manager, who in turn functions as the administrator of the everyday operations of the City. The City of Okeechobee, Florida has no component units. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a.), a statement must be included as to whether or not the local government entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes. In connection with our audit, we determined that the City of Okeechobee, Florida did not meet any of the conditions described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(l)(h)6.b.), we determined that the annual financial report for the City of Okeechobee, Florida for the fiscal year ended September 30, 2006, filed with the Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2006. As required by the Rules of the Auditor General (Sections 10.554(h)6.c. and 10.556(7)), we applied financial assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This management letter is intended solely for the information of the City of Okeechobee, Florida, City Council, management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. t=WDobsSon n Melbourne, Florida March 27, 2007 MAY I AGENDA - EXHIBIT No. 5 RESOLUTION NO. 07-06 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, EXTENDING THE PROVISIONS OF RESOLUTIONS NO. 06-10 AND 07-04 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OF APPLICATIONS FOR OFF -PREMISES SIGNS DESIGNED TO BE BILLBOARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, by previous Resolutions No. 06-10 and 07- 04, imposed a moratorium on the acceptance and processing of any applications within the City for the erection of off -premises signs designed as billboards; and WHEREAS, Resolution No. 07-04 set a date of May 1, 2007 by which time the City would consider and enact amended sign ordinances for use in the City that addressed such billboard advertising; and WHEREAS, since the imposition of the moratorium the City has been sued by Centennial Builders of Lee County, Florida, a develop/sign contractor, concerning the denial of permit for erection of billboard advertising, which suit seeks damages and a judicial determination via declaratory judgment concerning the legal effect of the present ordinance and denial of permit, which suit may not be resolved for several months; and WHEREAS, such judicial determination and/or amendment to current sign regulation is a prerequisite to lifting the moratorium in order to secure the rights and liabilities of the City in the dispute, which further requires an extension of the moratorium. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT the provisions of Resolutions No. 06-10 and No. 07-04 previously adopted by the City are herein extended in their entirety to September 1, 2007, or until the City Council adopts an amendment to the sign ordinance, or until the pending litigation is resolved, whichever first occurs. INTRODUCED AND ADOPTED in regular session this 1st day of May, 2007 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 ExnIBIT 6 MAY 1, 2007 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 V Avenue Okeechob , Florida 349 NAME: &L,a ADDRESS: 117/!)6 J %'I TELEPHONE: FAX: MEETING: REGULAR WSPECIAL O WORKSHOP ❑ DATE: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKEb WITH THUS FAR: PLEASE STAVE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS `TO BE MADE. PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: % v SIGNED BY: � DATE. _-&b to�r/ i I Dear City Commissioners, 'We as a group of business owners would like to have permission to put signage in the median near 441. `We wouCd Like it to be eye -level, as not to interfere 'With the view as traffic goes north on 441. 'We wiClpay for the installation. 'We will aCCagree on the design, something to enhance the area. 'We will not be in need of any electricity for night time visibility. Below are the signatures of alCparticipating occupants of the DanieCbuilding. P-4X 5•-- --------------- ----� -Z Coo 3 7 6. 8.)--- -- ---- - -- ----5 9•)---------------------------------- 10.)--------------------------------- Please schedule us for the next City Commissioners meeting to discuss this, if need be. eaZl- 2716 1 q Okeechobee Main Street, Inc 2nd Quarter Update City Council May 1,, 2007 .uV4'" What Have We Done? OU V W • Presented 1st Annual Juried Arts Fest in the park on Feb 23/24, 2007 • Presenting a $1000 in scholarships from Okeechobee Main Street • Presented 5th annual Top of the Lake BBQ Affair • Sponsored the Rip Van Winkle children show at the school • Sponsored a luncheon for Tim Mahoney in conjunction with the County Fair • Produced our spring newsletter • Began work on the second grant for the old jail due in May, 2007 • Applied for $3,000 grant with Target for Art Fest 2008. • Found grant through Lowe's for park improvements, working with Design Committee to utilize this grant to begin courtyard park project, maximum request $25,000. • Design committee has secured services of Rudd Jones & Associates (Steve Dobbs) to begin the architectural design plan phases for costing purposes • Began process of developing an Arts League/Council in Okeechobee with assistance from State Division of Cultural Affairs. What Have We Done? IC.11 ou VJaeo a rw Vtim,.o 4 • Met with Bonnie Dearborn SE FL Regional Preservation office regarding the bank building; received packet addressing tax incentives and report from the state. Will be setting up meeting with owner and State representative in near future. • Completed the State quarterly report. OKMS has volunteered 2393 hours this quarter. When multiplied by $6.15 hourly rate the value is $4716.95 in -kind contributions to the OKMS program and to Okeechobee. • Conducted meeting with CSX representative to begin negotiations to secure ownership of old train station. Received confirmation from CSX of interest in donating station and leasing land. • Established 5 new business members. This brings out total membership to 89 businesses and 38 individuals. • Provided volunteer services for 1st Annual County Fair • 2nd mural has been started on Robinson's building • Muralist has been selected for 3rd project on the Embarq building What's Next? Developing project plans for several community events: • Adopt a Median Program in conjunction with FDOT (July workshop for DOT District 1.) • Development of plan for securing funding for Courthouse Park via grants, private and public monies • Okeechobee Beautification Fun Shoot • Established 2-23/24, 2008 for 2nd Top of the Lake Art Fest • Planning 61h annual BBQ • National Day of the Cowboy event on 7-28-07 11:41 AM Okeechobee Main Street, Inc. 04/27/07 Cash Basis Profit & Loss October 2006 through March 2007 Oct '06 - Mar 07 Ordinary Income/Expense Income 7800 • Juried Art Show Income 7807 • Food & Beverage 402.00 7806 • Banner 10.00 7803 • Art Sponsor 2,328.65 7804 • Booth Fee 1,625.00 7805 • Application Fee 585.00 Total 7800 • Juried Art Show Income 4,950.65 4300 • Green Market Fees 215.00 4500 • Contributed support 4577 • 50 50 240.00 4576 • Grill Raffle 800.00 4575 • Honey Baked Ham Sales 3,357.72 4574 • People's Choice 360.00 4573 • Beer Sales 1,800.00 4564 • TDC Advertising Reinbursement 45642 • Art Fest 1,940.00 45641 • BBQ 2,390.00 Total 4564 • TDC Advertising Reinbursement 4,330.00 4562 • BBQ Dinner Pledges 4,764.00 4551 • BBQ Entry Fee 4555 • Additional BBQ Site 300.00 4554 • Vending Fee 350.00 4553 • Port -A -Let 170.00 4552 • Clean -Up Fees 260.00 4551 • BBQ Entry Fee - Other 5,800.00 Total 4551 • BBQ Entry Fee 6,880.00 4560 • Pledges 70.00 4550 • BBQ Sponsorship 4,150.00 4210 • Corporate/business grants 2,000.00 4540 • Local government grants 20,000.00 4500 • Contributed support - Other 150.00 Total 4500 • Contributed support 48,901.72 4600 • Membership 4602 • Friend 200.00 4604 • Medium Business 500.00 4606 • Small Business 1,900.00 Total 4600 • Membership 2,600.00 Total Income 56,667.37 Expense 9000 • Art Fest 9010 • Art Posters 959.00 9009 • Ribbons 124.61 Page 1 of 3 11:41 AM Okeechobee Main Street, Inc. 04/27/07 Cash Basis Profit & Loss October 2006 through March 2007 Oct'06 - Mar 07 9008 • Trophies 281.20 9007 • Marketing Expense 3,347.30 9006 • Portable Toilets 75.00 9005 • Art Winner 2,900.00 9004 • Art Judges 100.00 9003 • Entertainment 450.00 9002 • Signage 465.00 9001 • Supplies 882.77 Total 9000 • Art Fest 9,584.88 7700 • Honey Baked Ham Purchases 2,863.54 8000 • Halloween Festival 8001 • Halloween Candy 394.58 T t 18000 Halloween Festival 394.58 oa 7900 • Mural Projects 7904 • Mural Dedication Supplies Total 7900 • Mural Projects 8700 • Green Market 8712 • Advertising 8711 • Portable Toilets Total 8700 • Green Market 8900 • BBQ Competition Expenses 8926 • Beer Expense 8925 • Beer License Expense 8924 • Media Expense 8923 • Misc Hardware 8921 • Electrical Expense 8920 • Meat Expense 8916 • Sanitation Expense 8914 • Marketing Exp - T-shirt, apron 8912 • Rental Equipment Expense 8911 • Entertainment Expense 6910 • Bread Expense 8909 • Prize Money Expense 8906 • Trophies Expense 8905 • Signage Expense 8903 • Condiment Expense 8901 • FBA Expenses Total 8900 • BBQ Competition Expenses 8600 • Business expenses 8680 • Checking Acct Service Chg 8610 • Bad debt expense 8670 • Organizational (corp) expenses Total 8600 • Business expenses 7000 • Grant & contract expense 359.00 359.00 64.50 273.66 338.16 380.27 25.00 2,390.00 800.00 9.13 2,123.48 300.00 1,803.30 1,457.50 800.00 215.45 7,950.00 683.73 150.00 173.86 739.37 20,001.09 6.00 320.00 61.25 387.25 Page 2 of 3 11:41 AM Okeechobee Main Street, Inc. 04/27/07 Profit & Loss Cash Basis October 2006 through March 2007 Oct '06 - Mar 07 7020 • Grants to other organizations 1,000.00 Total 7000 • Grant & contract expense 1,000.00 8500 • Misc expenses 8570 • Advertising expenses 100.00 8530 • Membership dues - organization 390.00 8590 • Other expenses 64.65 Total 8500 • Misc expenses 554.65 8100 • Non -personnel expenses 8181 • Web Hosting Service 18.40 8170 • Printing & copying 204.25 8110 • Supplies 1,852.87 Total 8100 • Non -personnel expenses 2,075.52 8200 • Occupancy expenses 8261 • Cell Phone 71.97 8210 • Rent, parking, other occupancy 2,182.20 8220 • Utilities 618.53 8260 • Telephone & telecommunications 536.05 Total 8200 • Occupancy expenses 3,408.75 7500 • Other personnel expenses 7520 • Accounting fees 410.00 Total 7500 • Other personnel expenses 410.00 6560 • Payroll Expenses 14,324.48 8300 • Travel & meetings expenses 8330 • Meals 45.63 8320 • Conference,convention,meeting 410.00 8310 • Travel 88.92 Total 8300 • Travel & meetings expenses 544.55 Total Expense 56,246.45 Net Ordinary Income 420.92 Net Income 420.92 Page 3 of 3 EXHIBIT 7 MAY 1, 2007 INTERLOCAL AGREEMENT (EMS/Fire Rescue Impact Fees) THIS AGREEMENT entered into this _ day of April, 2007, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the CITY OF OKEECHOBEE, a Florida municipal corporation, (City). WHEREAS, the County has adopted a EMS Impact Fee Ordinance to address the need for EMS/Fire Rescue (hereinafter referred to as "EMS") capital improvements in Okeechobee County; and WHEREAS, the City and the County wish to enter into this Interlocal agreement to provide for the collection of EMS impact fees within unincorporated area of the County and within the municipal boundaries of the City. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees to: a. Collect the applicable EMS impact fee as provided in the Okeechobee County EMS Impact Fee Ordinance. b. Mairitain all records of the EMS impact fees collected including the name, address, and amount paid. The City shall, on a monthly basis, provide copies of such records to the County, with the copies being provided by the 15th day of each month reflecting collections received the previous month. C. Remit to County all funds collected as EMS impact fees. The City may impose an administrative charge of not more than three percent (3%) of the funds collected which may be kept by City as reimbursement for the its actual cost of collection of the funds. The City shall remit the impact fee funds to the County, by the 15th day of the month following collection. d. Notify the County Administrator or his designee when there is a request for a development permit for a residential use that is not designated in the EMS impact fee schedule. C. Notify the County Administrator or his designee when there is an offer to donate or construct part of an EMS capital improvement project by a developer in the City, in lieu of paying all or part of the EMS impact fee. f. Provide the County on December 1 of each year, annual financial reports and information pertaining to the collection of EMS impact fees by the City during the previous fiscal year. 2. County agrees to: a. Collect the applicable EMS impact fee as provided in the Okeechobee County EMS Impact Fee Ordinance. b. Provide to the City, administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. C. Expend impact fee funds for the sole purpose of providing EMS capital improvements that will increase EMS capacity necessitated by the development that paid impact fees in a manner that will demonstrably benefit the payers of the impact fees as provided in the Okeechobee County EMS Impact Fee Ordinance. d. Provide to the City, on January 1 of each year, annual financial reports and information showing how impact fees were used during the previous fiscal year and how impact fees are planned to be used during the current fiscal year. e. Notify the City when it has received an offer by a developer to donate or construct all or part of an EMS capital improvement located within the City in lieu of payment of all or part of the EMS impact fee as provided in the EMS Impact Fee Ordinance, and whether it has accepted or rejected the offer. f. The County shall hold the City harmless should any suit or legal action be brought to contest the validity, of the EMS impact fee ordinance or to contest the amount of any impact fee imposed or collected pursuant to the EMS impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to the City. Should a Court of competent jurisdiction order a refund of all or part of any EMS impact fee or should any refund be agreed to by the County, the refund shall be paid solely by the County. 3. The County shall have the final authority and responsibility as provided in the EMS Impact Fee Ordinance as to whether to accept an offer by a developer to donate or to construct all or part of an EMS capital improvement in lieu of payment of all or part of the EMS impact fee. 4. The County shall have the final authority and responsibility for the use and expenditure of impact fee monies pursuant to the EMS Impact Fee Ordinance. • 5. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 6. This Agreement shall be effective for a period of ten (10) years beginning on the date that all parties, have executed this Agreement. The Agreement may -be amended, terminated or extended upon mutual written agreement of all parties. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: OKEECHOBEE COUNTY, FLORIDA Clerk , Sharon Robertson Chairman Okeechobee County, Florida DATE: ATTEST: Clerk APPROVED AS TO FORM AND CORRECTNESS: By: ounty Attorney y . CITY OF OKEECHOBEE, FLORIDA Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: I0 City Attorney EXHIBIT 8 MAY 1, 2007 INTERLOCAL AGREEMENT (Road Impact Fees) THIS AGREEMENT entered into this day of April, 2007, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the CITY OF OKEECHOBEE, a Florida municipal corporation, (City). WHEREAS, the County has adopted a Road Impact Fee Ordinance to address the need for road capital improvements in Okeechobee County; and WHEREAS, the City and the County wish to enter into this Interlocal Agreement to provide for the collection of road impact fees within unincorporated area of the County and within the municipal boundaries of the City. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees to: a. Collect the applicable road impact fee as provided in the Okeechobee County Road Impact Fee Ordinance. b. Maintain all records of the road impact fees collected including the name, address, and amount paid. The City shall, on a monthly basis, provide copies of such records to the County, with the copies being provided by the 15th day of each month reflecting collections received the previous month. C. Remit to County all funds collected as road impact fees. The City may impose an administrative charge of not more than three percent (3%) of the funds collected which may be kept by City as reimbursement for the its actual cost of collection of the funds. The City shall remit the impact fee funds to the County by the 15th day of the month following collection. d. Notify the County Administrator or his designee when there is a request for a development permit for a residential use that is not designated in the road .impact fee schedule. e. Notify the County Administrator or his designee when there is an offer to donate or construct part of a road capital improvement project from a developer in the City, in lieu of paying all or part of the road impact fee. f. Provide the County on December I of each year, annual financial reports and information pertaining to the collection of road impact fees by the City during the previous fiscal year. 2. County agrees to: a. Collect the applicable road impact fee as provided in the Okeechobee County Road Impact Fee Ordinance. b. Provide to the City, administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. C. Expend impact fee funds for the sole purpose of providing road facility capital improvements that will increase road capacity necessitated by the development that paid impact fees in a manner that will demonstrably benefit the payers of the impact fees as provided in the Okeechobee County Road Impact Fee Ordinance. d. Provide to the City, on January 1 of each year, annual financial reports and information showing how impact fees were used during the previous fiscal year and how impact fees are planned to be used during the current fiscal year. e. Notify the City when it has received an offer by a developer to donate or construct all or part of a road capital improvement located within the City in lieu of payment of all or part of the road impact fee as provided in the Road Impact Fee Ordinance, and whether it has accepted or rejected the offer. f. Hold the City harmless should any suit or legal action be brought to contest the validity of the road impact fee ordinance or to contest the amount of any impact fee imposed or collected pursuant to the road impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to the City. Should a Court of competent jurisdiction order a refund of all or part of any road impact fee or should any refund be agreed to by the County, the refund shall be paid solely by the County. 3. The County shall have the final authority and responsibility as provided in the Road Impact Fee Ordinance as to whether to accept an offer by a developer to donate or construct all or part of a road capital improvement in lieu of payment of all or part of the road impact fee. 4. The County shall have the final authority and responsibility for the use and expenditure of impact fee monies pursuant to the Road Impact Fee Ordinance. 5. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 6. This Agreement shall be effective for a period of ten (10) years beginning on the date that all parties have executed this Agreement. The Agreement may be amended, terminated or extended upon mutual written agreement of all parties. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: -z (7)L, t) CO, Clerk, Sharon Rober son Okeechobee County, Florida ATTEST: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA 2 �y� Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: CITY OF OKEECHOBEE, FLORIDA Clerk Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: City Attorney • ExnIBIT 9 MAY 1, 2007 INTERLOCAL AGREEMENT (Corrections Impact Fees) THIS AGREEMENT entered into this _ day of April, 2007, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the CITY OF OKEECHOBEE, a Florida municipal corporation, (City). WHEREAS, the County has adopted a Corrections Impact Fee Ordinance to address the need for corrections facility capital improvements in Okeechobee County; and WHEREAS, the City and the County wish to enter into this Interlocal agreement to provide for the collection of corrections impact fees within the unincorporated area of the County and within the municipal boundaries of the City. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees to: a. Collect the applicable corrections impact fee as provided in the Okeechobee County Corrections Impact Fee Ordinance. b. Maintain all records of the corrections impact fees collected including the name, address, and amount paid. The City shall, on a monthly basis, provide copies of such records to the County, with the copies being provided by the 15th day of each month reflecting collections received the previous month. C. Remit to County all funds collected as corrections impact fees. The City may impose an administrative charge of not more than three percent (3%) of the funds collected which may be kept by City as reimbursement for the its actual cost of collection of the funds. The City shall remit the impact fee funds to the County, by the 15th day of the month following collection. d. Notify the County Administrator or his designee when there is a request for a development permit for a residential use that is not designated in the corrections impact fee schedule. e. Notify the County Administrator or his designee when there is an offer to donate or construct part of a corrections capital improvement project by a developer in the City, in lieu of paying all or part of the corrections impact fee. f. Provide the County on December 1 of each year, annual financial reports and information pertaining to the collection of corrections impact fees by the City during the previous fiscal year. 2. County agrees to: a. Collect the applicable corrections impact fee as provided in the Okeechobee County Corrections Impact Fee Ordinance. b. Provide to the City, administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. C. Expend impact fee funds for the sole purpose of providing correction facility capital improvements that will increase corrections capacity necessitated by the development that paid impact fees in a manner that will demonstrably benefit the payers of the impact fees as provided in the Okeechobee County Corrections Impact Fee Ordinance. d. Provide to the City, on January 1 of each year, annual financial reports and information showing how impact fees were used during the previous fiscal year and how impact fees are planned to be used during the current fiscal year. e. Notify the City when it has received an offer by a developer to donate or construct all or part of a corrections capital facility improvement located within the City in lieu of payment of all or part of the corrections impact fee as provided in the Corrections Impact Fee Ordinance, and whether it has accepted or rejected the offer. f. The County shall hold the City harmless should any suit or legal action be brought to contest the validity of the corrections impact fee ordinance or to contest the amount of any impact fee imposed or collected pursuant to the Corrections impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to the City. Should a Court of competent jurisdiction order a refund of all or part of any corrections impact fee or should any refund be agreed to by the County, the refund shall be paid solely by the County. 3. The County shall have the final authority and responsibility as provided in the Corrections Impact Fee Ordinance as to whether to accept an offer by a developer to donate or construct all or part of a corrections facility capital improvement in lieu of payment of all or part of the corrections impact fee. 4. The County shall have the final authority and responsibility for the use and expenditure of impact fee monies pursuant to the Corrections Impact Fee Ordinance. 5. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 6. .This Agreement shall be effective for a period of ten (10) years beginning on the date that all parties have executed this Agreement. The Agreement may be amended, terminated or extended upon mutual written agreement of all parties. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: L Clerk, Sharon Robe tson Okeechobee County, Florida ATTEST: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: By: ounty Attorney CITY OF OKEECHOBEE, FLORIDA Clerk Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: City Attorney City of Okeechobee 55 SE 3.d Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehall(a cityofokeechobee.com * * * * *Memorandum * * * * * Date: For May 1, 2007 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • PUD reps — Have attached the 3-page section of the 4/19 Planning Board meeting minutes to the back of this report for your review. The Planning Board apparently wants one more shot at the matter before it moves to the City Council. • Royal Concrete proiect — Nothing new to report! Met with Royal at site on 3127 (as did all Council members less Mayor). Have been advised that the 4126-27107 Administrative Hearing has been postponed indefinitely, I'm sure until PUD regs have been proposed. • Main Street sponsored `cattle drive'- Bill Phares is scheduled to appear. • _Sign request installation — Bobby Poole gathered support and wishes to appear to request the installation of a directional sign at 441 S and SE Park St reflecting the businesses to the east of 441. • Legislative proposal on property tax relief - The Governor's proposal to double the homestead exemption form $25k to $50k would result in a loss of $20, 300, 000 in taxable value. Using last year's millage rate of 7.1899 would result in a revenue loss of $146, 000. Currently there is $62, 659, 477 in assessed residential value applicable to the Homestead exemption. Another House Bill could inevitably call for a reduction of the City's millage rate from 7.1899 to 4. 7326... a 34 % reduction of about $748, 270Y ***Another proposal, a Constitutional amendment, calls for the implementation of increased sales tax by up to $.025 (2.5 cents) but there has been little discussion as to how the sales tax would be distributed, if approved by the voters.. • Main Street/City acquisition of CSX railroad building Below is most recent communication: Apr 17 2007: Brian, I spoke with Keith Walpole last week and he stated they had interest in developing a land swap with CSX for the area where the train station currently resides to a piece of property to the west. Once I make contact with the new CSX rep, I will develop a meeting between her and Keith to see if there is any synergy in his proposal. I will keep you informed. Terry Burroughs, Treasurer Okeechobee Main Street, Inc. Page 1 From: Eskow, Nikki [mailto:Nikki—Eskow@csx.com] Sent: Monday, April 16, 2007 4:15 PM To: Terry Burroughs Cc: Pollock, Eddie; Overbay, Lori Subject: RE: Update on CSX station in Okeechobee Terry, We did receive the letter of interest from Brian Whitehall, City Administrator for the City of Okeechobee, advising the City's interest in the Depot. CSX would prefer to donate the depot to the City, as previously mentioned and lease the land. We have a new manager who will be handling depot donations, named Lori Overbay, and I have copied her on this e-mail as a way of introducing the two of you. Lori will progress the project from here. Lori's e-mail address is: Lori OverbavCc0-csx.com and she can be reached at: 904- 633-4837. 1 will provide Lori with the file and all information regarding the depot. Sorry we were unable to meet when I was there in Okeechobee. Take care, Nikki M. Eskow Regional Sales Manager CSX Real Property J-915 • School Concurrencv —Have forwarded the Kimley-Horn School Concurrency element to our Comp Plan to Jim LaRue's office. Expect to take Council action on the Public School Element to our Comp Plan prior to 611107. Recall that the City will participate in the preparation fee in lieu of retaining LaRue's services. • Impact Fees - The Interlocal Agreements (Roads, Corrections, Fire) for administration of the County's Impact fee are on the Agenda. Have been working on additional info for the City's impact fee development almost on a daily basis w/ Walter Keller. He hopes to have a revised fee schedule by Tuesday's meeting and he will develop the City's Ordinance. I reviewed the Cap Improvement detail and removed some essential projects in consideration of the unknown legislative tax initiatives. It is always easier to increase the fees later rather than decrease them and face criticism/ litigation. This at least starts the methodology. The timeline is completed study and ordinance prepared by week of May 7th, Planning Board review on May 17th, Council action thereafter. • Use Commerce Park property for City garage use — Councilman Markham and I have discussed on a couple of occasion the possibility of using some of the Commerce Park property for City use. Conceptually it is in a more suitable area than the Residential area we are now using. I have purposely not done repairs, for example, to the hurricane damaged garage because of the potential move. And instead of a permanent shed for the Police used a more portable one. More discussion to follow/Your thoughts? • Donation of Gazebo/park benches — Met with Treasure Coast Hospice Liaison Darlene Webb on 2126107, after getting a quote of $8745 for 11 tables and 2 8' benches delivered w/the City installing. We just followed up and confirmed that they are considering. Page 2 • Mandating underground electrical concept (see Ft Pierce Ord) • Lawn waterinq restriction — Issued 3122 even numbered residents wtr from 4am- 8am, Thurs & Sun, odd numbered from 4am-8am on Wed & Sat. A Phase 3 water restrictive status was issued eff 4/13/07 and on 4/10/07 our guys met with SFWMD. Virtually no complaints rec'd at PD and only 2 complaints at SFWMD for April. SFWMD is to supply additional paperwork to PD for compliance, but to date SFWM is administratively handling complaints. • Burn ban — County wide burn ban in place. • Main Street Quarterly Report — Maureen Burroughs is scheduled to appear. • CRA Expansion — Okeechobee Main Street is investigating the expansion of the CRA. I have asked Main Street to appear at a future Council Meeting to review the matter. This was discussed a year or so ago and some headway is being made as indicated below: Apr 23. 2007 From: Karen Hanawalt, Main Street To: 'Terry Burroughs'; 'Kathleen Shatto' ; 'bwhitehall'; sybels@earthlink.net One of the consultants that responded to my request has sent four references. Greg Beliveau is with LPG Urban and Regional Planners in Mt. Dora. The references are as follows: Ralph Bowers, City Manager, City of Fruitland; Glenn Irby, City Administrator, City of Umatilla; Ronald Stock, City Manager, City of Leesburg; and Jim Stevens, City Manager, City of Wildwood. In Greg's response to me, he said he recently helped three cities expand their CRA's. I have all the contact information, let me know the next step. He is aware of the time frame. We need to spend our remaining $3,000 by the end of June. Apr 18 From: Karen Hanawalt, Main Street To: Greg Beliveau Thank you for responding to my email request. Would it be possible for you to supply our Economic Committee with referrals? We are anxious to move forward on this project. Apr 16 From: Greg Beliveau To: Karen Hanawalt sure can, use recently expanded three cities CRA's. will call soon. April 16 From: Karen Hanawalt [mailto:khanawalt@mainstreetokeechobee.com] To: Greg Beliveau, LPG Urban & Regional Planners, Mt Dora Subject: Okeechobee Main Street/CRA Good Afternoon Mr. Beliveau, Okeechobee Main Street has grant dollars that need to be utilized by the end of June. Our Board of Directors has decided to try to use these dollars to hire a consultant that can assist us with a plan to expand our current out -dated CRA. Joan Jefferson sent me the list of available consultants to contact. I understand that there is a bit of a time crunch, but if it is at all possible, would you please contact me at the number below. I can also be reached on my business cell phone, 863-634-9979. Thank you. • Canal clean up — Have attached a map and a quote to address the canals in the SE section of town. TSI quote is $38,025. As you know we did not 'budget' the work but the draught situation may preclude our budget. Am continuing to investigate alternative quotes and funding. Page 3 Other Issues by Dept: City Attorney and legal issues of concern: • Code Enforcement — Would like to consider following through with the Code - provided -for Citation Procedure (Sec 18-71 et.al.) I will have Atty Cook develop the appropriate Resolutions as described therein to designate the specific violations along with specific penalties as supplied by Chief Smith. • Billboard/sign Ord — Passed a resolution placing a moratorium on billboards until an Ordinance can be prepared. As previously mentioned I did receive a Notice of Appeal from Centennial Builders for a second billboard application (1301 N Parrot Av) which was clearly submitted after the Council set a moratorium. Atty Cook indicated that Centennial cannot repeal an issue that there had never been action on ... more to follow. • Billboard dispute — As previously reported, Centennial Builders has now filed in Circuit Court for damages associated with not being allowed to construct the billboard on SR 70 west. As you might recall, in Feb the BOA affirmed Independent Inspector's November revocation of the July 2006 building permit. Centennial is seeking damages of $15,000. Our insurance carrier, PRM, through Gallagher Bassett Services has responded to the allegations asking for procedural compliance. • Semi Parking Code Modification — Dennis Wilson, 1102 NW 7th Ct has picked up application for zoning change vs the Special Exception route to allow semi pkg. • Cable TV — Finally reed a draft franchise agreement (basically from fall 2004 negotiations) from Comcast and Atty and I will be reviewing same. • Mural approval process — as discussed briefly during Main St mention of their latest mural project, the City Code needs amended to move the mural approval process from the City Council to the Design Review Board. • George Dupont appeared at the 1/3/05 - requesting license for mobile vending `cart'. Lane is waiting on some clarification from Atty Cook. • Litigation — plaintiff Dale Proudfoot - involved; in a 10114106 accident, as a passenger, at an unmarked T-intersection at NW 11 th Av and 7th Court where he received injury. The matter has been passed on to PRM. • Litigation - Jerome Smith / Plaintiff, Jonathan Robinson — have heard little about except we've been advised that PRM will not be representing the City as it is an uncovered item. Atty Seidule, Plaintiff's Atty, Stuart, has made public records request. Atty Cook indicated that he has spoken to Atty Seidule. Engineering: • DOT bypass discussion — Met at Haynes Williams office on 4/4/07 to review conceptuals w/ DOT officials. The dollars are staggering incl $3.5 million study and an est $250 million project cost. One important side note I took away from the meeting (from DOT) was that they have $700, 000 funding approval to investigate/study the 441 and 70 intersection traffic. (I immediately tho't of our N e Street traffic signalization project.) Note: Oscar met with Co Asst Admin Threewits (week of 2126107) to briefly discuss traffic congestion and was told that the County has some funds to apply toward the study. The County has requested DOT participation. Page 4 Discuss new building elevation requirements —. Discussed at Z20/07 meeting - The Code (LDR Ch 78, Sec 78-1 (a)) states: 2) Developments shall be designed to provide adequate access to lots and sites, avoid adverse effects or noise, order traffic, drainage and utilities on surrounding properties, and avoid unnecessary impervious surface cover. Have continued to talk w/ Mr Lege a cpl of times about his situation at 101 SW 7rn Av. SFWMD/County Storm Water Master Plan development - Enclosed is the CAS Stormwater Utility Feasibility study (rec'd 4/24/07). As you recall we have retained Bill Mathers as the City's consultant on this matter. While CAS has asked to set up another meeting w/ the County and them, we are waiting for Mr. Mathers (who was just given the report) to render conclusions. OUA request for increased wellhead protection — Rec'd a letter from OUA requesting that City Code Sec 82-61 (b) (the NO development activity exclusion section) be increased to 1000 feet from 300' as a result of Entegra considering the installation of a well that will have a 'cone of influence' on OUA's existing wells. Have forwarded the request to Engineering for review, as the matter may not be that simple, may have an adverse effect on other buildable lots at the Park, may immediately put the Entegra bldg as incompliant, etc. etc. The general consensus is that SFWMD or the EPA will review well applications and determine if there is adverse influence to the City's water supply system. Finance: • Financial Statements f/v/e 2006 (Audit Report) - On this meeting agenda. Enclosed is the City's Financial Statements for f/y/e 9/30/06. • Budget adjustments - Scheduled to be on this meeting agenda and enclosed herewith. • Employee 457 implementation - Have yet to coordinate employee participation meetings but soon will. • Group Health Insurance - expect renewal quotes in May. Fire: • Code issues - Brantley - Again, Atty Cook echoed that the property is under a sales agreement. Am seeking further clarification on the matter. • Union — Met in March w/ Union reps and received some of their requests. General Services: Blue Heron development - As of this date they do not have the requested info submitted and are not scheduled for the May 17th Planning Bd mtg. Note: Southeast Contractors, Sebring, appeared at the 3/15 Planning Board meeting and as expected a large crowd appeared. As you know, they plan to locate a condominium complex at the marina site and `villas' to the north/east, in the middle of the subdivision. LaRue's denial report lead the way to an eventual table of any action pending additional information on traffic concurrency and surface water/drainage concerns. Page 5 • Fee schedule for buildinq permits et a/ —We now have complete list of County fee structures. My suggestion is to review those fees w/Independent Inspectors and City Clerk has offered to conduct a `time study' as to actual costs associated w/ fee generation and arrive at fee schedule to implement at /eat by beginning of fiscal year. Police: • Activity Report for 4/11/07 — 4/24/07 Calls for Service 268, Arrest 10, Citations 52, Written Warnings 52, Accidents 24 Completed and implemented a new Use of Force policy for our department. Chief to make a copy and forward it to me. We are also working on new job descriptions for our department. This week we are holding two nights of in service training in our training room. The classes being taught are Use of force and the Use of a Taser Device. We were able to buy four Taser Guns through a grant. While my plans are to equip each officer with a taser in the future this at least gives us one unit per shift. • Bike Night at Beef O'Brady's — Have advised Chief to have B-O-Bs perfect Special Use Permitting and investigate alcohol consumption `rules'. • New 800 MHz system radio — The County finally chose a vendor to assist in design and grant funding. Had an info meeting on 1123107 attended by Police Dept reps. This is going to be a huge expenditure (hopefully funded by grants) that should start to take form over the next several months. Public Works: • Asphalt program — PWks Dir Donnie and I are working on same. Want to address blvd areas, Central Elementary area, some ditch areas (100 blk SW 6th Av) along with some streets. • Commerce Park — Would continue to invite you to go to the Park and see the progress. Have invoiced $44,000 (to Holmes and Adron Fence) for the fill, which will help the City financially when tackling the S Lakes. As reported, we had Telehar clean the first lot on the south side as you enter the park, and our Public Works Dept has done a great job w/ wetland cleaning. LBFH is preparing a change order to submit to the DCA for the south Lake area. • Baffle Box SE 4th St at the boat launch ... will proceed as soon as box arrives - DEP deadline is 6130107. Expect delivery in about 1-2 weeks. • Form based Code — Councilman Watford heard a power point presentation wherein the philosophy of a form based code was presented. Essentially, it is a concept of graphic or illustrative type of presentation within the Code. The approach might be most useful in the building dept as an easier to understand procedure. The City of Stuart, Development Director, Kev Freeman, presented the demonstration which could theoretically reduce text content by as much as 75% in some instances, while at the same time conveying a "sence of place" to the urban areas of the community. Page 6 April 19, 2007 minutes from the Planning Board regarding the proposed PUD regulations. Mr. Brisson presented new points for the memorandum that was distributed at the April 3, 2007 workshop regarding changes to the Planned Unit Development (PUD) regulations. He went on to say that his goal tonight was to listen to what the Planning Board would like to add to the PUD regulations. First he reviewed each point and referenced them by page and item number. The changes to the ordinance as prepared are as follows: Page one, Sec. 90-401 (b) Mixed -use PUD, shall be permitted only on land designated as mixed -use residential in the comprehensive plan. (c) Should read: A conceptual site plan of the proposed development shall be submitted and approved prior to a change to the mixed -use PUD zoning district. Adding (d) in addition to the requirements and limitations of these sections, 90- 401 through 90- 406 a mixed -use PUD shall comply with all limitations and standards set forth in policy 2.1 of the Future Land Use Element of the Comprehensive Plan. This is a temporary situation for the mixed -use PUD zoning. Initially the Planning Staff was only trying to prepare a PUD for the residential, but while doing so the two should be separated. Vice Chair Hoover inquired as to what the ordinance was referencing? Mr. Brisson stated that it is different criteria than in the Comprehensive Plan Amendment, Policy 2.1 of the Future Land Use Element. One example is development in this category will be required to cluster in order to maximize open space and natural spaces and shall include single family and multi -family site acreage. Residential shall not be less than 45 percent of the mix and the commercial shall not exceed 15 percent. The percentages are in the Comprehensive Plan, but at the time the Planning Staff was preparing this, they had not been adopted. There are other uses that are allowed in the category besides residential, commercial being one. He reported that he was concerned about not incorporating all facets of the categories that would be allowed in the mixed -use. Board Member Maxwell interjected that we need to get some mixed -use zoning into the Comprehensive Plan in order for this to be applicable. Mr. Brisson agreed, he also reported that it is in the Comprehensive Plan but not the land use. When it is in the land use you will have it to refer to in the Ordinance. Otherwise people may not look at it and think they can do the old mixed -use land use. It is a stopgap measure to make sure that the Comprehensive Plan is referred to when applying for the Mixed -Use PUD. Vice Chair Hoover asked, when referring to mixed -use residential versus mixed -use, are those not two different categories? Mr. Brisson answered yes, but referred to the Comprehensive Plan stating that the mixed use residential as incorporating other uses that are non-residential. Page 1 of 1 Board Member Maxwell asked would a mixed -use normally include residential? Mr. Brisson answered yes. All forms of the elements are sited in the Comprehensive Plan. Paragraph (b) should not refer to residential at all. If there is residential in any part of 90-401 (b) it should be stricken. It is just a mixed -use PUD. No reference to residential. Mr. Brisson went on to refer to page four. Residential Planned Unit Development (PUD-R) District, 90-421 (b)2)) will add enhanced common open space and/or amenities and an improved living environment. There really should be a common open space, which is the whole idea behind the PUD. That does not mean that your yard area cannot count as your open space, but they should not comprise all of it. Also added was (d) to require a conceptual site plan of the proposed development shall be submitted at time of application and approved prior to a change in zoning to the PUD-R zoning district. On page six Sec., 90-423 (e) change width to dimension, to read "The minimum open space dimension must be 10 feet." Length or width, in other words, no dimension should be less than 10 feet. In next section (9(a)) line five 6,250 square feet, add "1,250 square feet for duplexes" in essence the same density. Also density greater than seven units per acre should be five units per acre. The reason for that is a 6,250 square foot lot is about seven units per acre, but when developing, there are streets and cul-de-sacs, in reality what you end up with is five units per gross acre when you add in drainage and possible roadways. Essentially what the Planning Staff is saying is that the City should be providing some small improved recreation area. Mr. Brisson went on to add we used a zero lot line subdivision as an example of how to assess the impact of the new PUD regulations. The purpose was to show how those regulations did not really create a situation which would significantly lower the number of units than what you could get if you did the development in the standard zoning. It was to show that they are less flexible. The PUD should always enhance the land. Some would prefer the PUD to be very flexible. The problem with this is, agreement with the developers. Vice Chair Hoover mentioned that most of the PUDs' she has investigated leave open space for negotiation. Mr. Brisson responded that he preferred not not battle over subjective opinions. Board Member O'Connor asked where the Planning Staff came up with the 15 feet between buildings? Mr. Brisson answered less than 15 feet would not allow for light and air. Mr. Wally Sangar addressed the Board stating that on a zero lot line you are give easement to maintain your building. Mr. Cardenas from Royal Concrete Concepts explained with a drawing about zero lot line. He said there is a two foot easement from neighboring property to maintain the side of your house. The shortest distance between Page 2 of 2 houses that Mr. Brisson wants to see is 12 feet. Mr. Cardenas said he would like to see 10 feet between buildings, allowing for a small recreation area. Mr. Sangar suggested 12 feet between buildings. Mr. Brisson said he had no problem with 12 feet. Board Member Burroughs stated that we could always increase it. Mr. Brisson was asked about the overhang of the roof in relationship to the space between buildings. The space is calculated stucco to stucco. oard Member O'Connor suggested that open space be flexible for retired occupancy oard Member Maxwell suggested that the conceptual site plan Mso me ude elevation drawings. Mr. Cardenas remarked that page eight (c) is limited to design. Board Member Maxwell added that we are a rural community, and we need to develop what we can live with. Mr. Bill Bartlett suggested that the City needs to know what growth is needed and base the PUD on that information. Mr. Jeff Sumner of LBFH Engineering expressed a desire to eliminate the separation between buildings. Mr. Brisson responded he did not like the idea of not have any open space between buildings. Board Member Maxwell inquired about landscaping. Mr. Brisson replied that the weakness in the PUD is parking and buffering. He stated that he would not like to get involved with specific landscaping for the PUD at this time, it should be addressed in the landscaping section of the LDR's. Mr. Brisson finalized his presentation with a request for Board members to send him their ideas and he review them for incorporation into the current proposed PUD regulations. Mr. Maxwell said that he wanted clarification on line of review. Mr. Sumner requested that the requirements for the PUD be on the application. Board Member O'Connor re -iterated his comments for smart growth. The key is to keep it as simple as we can. We are the stewards of the City, we need to help not restrict. Board Member Maxwell again noted his difference of opinion and that the City needs specifics. Mr. Brisson stated that he felt with instruction and discussion from this meeting and the comments he will be receiving from the Board that he could have a workable ordinance for the Board to recommend to the City Council at the May 17 meeting. Chair Ledferd asked whether there were any remaining questions from the Board or public. There were none. Page 3 of 3 Ac 20. 2007 3:18PM uo.3083 P. 2 2TSI Disaster Recovery . Services April 20, 2007 Mr. Donnie Robinson Okeechobee County Proposal Removal and disposal of vegetation, silt, sand or sluff from waterways, lake or creeks_ Debris will be removed in such a manner to prevent compromising the stabilized banks. TSI will be cautious of property of individual homeowners. Price S 19.50 per cubic yard. Estimated debris to be removed 1950 CY@ S38,025.00. If accepted this proposal will form a part of any other contract that may result from this proposal. Please sign below and fax to (407) 891-7739, if proposal is accepted. If you have any questions concerning this quote, please do not hesitate to contact me at (407) 891-7731. Regards, Henry Elmore V. P. of Operations TSI Disaster Recovery Services, Inc. Donnie Robinson Okeechobee County, FL Signature & Date TSI DISASTER RECOVERY SERVICES, Inc. - 1700 13Street, Suite 4 — St. Cloud, FL — 34769 Phone - 407-891-77311 Fax - 407-891-7739 4U 5, HEET C 701 RSF 1. IND w 1 E. 3 ACT STREET f 70' 1 F. li i a RMH ---k. =4TH IZE L T! E. 5 M STq---, t7U*j -n 11 7 7 w S.E.6 TH SMEET t 70'1 CT". R )4 IC, i t 21 : ! 1 3-- 11 Li -I RSF 1 S. E. 7,rH MEMET [A in j a I I,5� n 77- S.E.3 TH C=T H RMF L2-2- f 27 6as �- 9t1101 94 H S.F-9 TH STREET (Go'l 4 S. F 3 7H COUP (60-1 S. E. W TH STREET C 50'1 S. E. to 7H STREET f 60, 1 I R&Fl I TH MW r fff i '7- jijGjj:; L. 13 TH STREET f60,1 n 9 1 14 TH STREET 160- 1 18 7-,: 1 212 I21 1 1 I. 3 7 1 t2 p ji 4546 d 2 7 it dQ. 149' S. L 14 TH Mir S. F- [I ITT. CUT [ 60 221 ic i 6 1H �r- 1 _J 9 :2 5611 3. E Ll IN STAW (WI SMMT EMT ftl LgT, 2 3� T RSFI a I HOUSE MJK rugs Property Tax Relief Plans 1 at Year 5 Years Statewide Tax Savings (bil $): 5.8 23.6 Average Taxpayer Savings 1st Yr : Homestead $ 1,244 38% Non -Homestead Residential $ 760 16% Commercial/Industrial $ 3,260 16% Mks 7U01 1st Year 5 Years Statewide Tax Savings (bil $): 6.3 41.8 Average Taxpayer Savings 1st Yr : Homestead $ 495 19% Non -Homestead Residential $ 819 19% Commercial/Industrial $ 3,548 19% mouse comoinea 1 at Year 5 Years Statewide Tax Savings: 6.3 44.2 Average Taxpayer Savings 1st Yr : Homestead $ 495 19% Non -Homestead Residential $ 819 19% Commercial/Industrial $ 3,548 19% SENATE SJR 3u34 1st Year 5 Years Statewide Tax Savings (bil $): 0.4 1.5 Average Taxpayer Savings (1st Yr): Homestead $ 40 1.2% Non -Homestead Residential $ 34 0.7% Commercial/Industrial $ - bps l uzu a l uzz 1st Year 5 Years Statewide Tax Savings (bil $): 1.1 10.8 Average Taxpayer Savings 1st Yr : Homestead $ 89 3.5% Non -Homestead Residential $ 148 3.5% Commercial/Industrial $ 641 3.5% oenaie luomDmea 1st Year 5 Years Statewide Tax Savings: 1.1 12.4 Average Taxpayer Savings 1st Yr : Homestead $ 89 3.5% Non -Homestead Residential $ 148 3.5% Commercial/Industriaf $ 641 3.5% Explanatory Notes: (')—HJR 7089 and SJR 3034 Impala begin In FY 2009-10 list Year). 5-year impacts are for the period FY 2007-08 through FY 2011-12. (-)--HB 7001, 881020, impacts begin In FY 2007-08. (---)—House Combined plan assumes implementation of HB 7001 beginning in FY 2007-08 and implementation of the compulsory elements of HJR 7089 beginning in FY 2009-10, with the exception of the revenue knit/cep. (—)—Senate Combined plan assumes implementation of SBs 1020 and 1022 in FY 2007-08 and implementation of SJR 3034 In FY 2009-10 4/24/2007 11:47 AM i