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2008-01-151 CITY OF OKEECHOBEE JANUARY 15, 2008 REGULAR CITY COUNCIL MEETING CALL TO ORDER - Mayor: January 15, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 4, 2007 Regular Meeting. SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 Mayor Kirk called the January 15, 2008 Regular City Council Meeting to order at 6:00 p.m. Pastor Dawson of the First United Methodist Church was present for Pastor Simpson and offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Absent (Assistant Chief Douglas was present) Present Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the December 4, 2007 Regular Meeting; seconded by Council Member C. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD -YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 45 M JANUARY 15, 2008 - REGULAR MEETING - PAGE 2 OF 6 V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2007 Warrant Register: General Fund ............................. $421,466.83 Public Facilities Improvement Fund ............. $18,386.99 Capital Improvement Projects - Vehicles Fund ..... $18,000.00 CDBG Grant Fund ........................... $8,968.50 B. Motion to approve the December 2007 Warrant Register: General Fund ............................. $390,493.85 Public Facility Improvement Fund ............... $20,799.42 Community Development Block Grant Fund .. , .... $1,869.00 VI. AGENDA - Mayor. Council Member Watford moved to approve the November 2007 Warrant Register in the amounts: General Fund, four hundred twenty-one thousand, four hundred sixty-six dollars and eighty-three cents ($421,466.83); Public Facility Improvement Fund, eighteen thousand, three hundred eighty-six dollars and ninety-nine cents ($18,386.99); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Community Development BlockGrant Fund, eight thousand, nine hundred sixty-eight dollars and fifty cents ($8,968.50); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the December 2007 Warrant Register in the amounts: General Fund, three hundred ninety thousand, four hundred ninety-three dollars and eighty-five cents ($390,493.85); Public Facility Improvement Fund, twentythousand, seven hundred ninety-nine dollars and forty-two cents ($20,799.42); Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whetherthere were any requests forthe addition, deferral or withdrawal of items on today's agenda? agenda. Representatives from South Florida Water Management District (SFWMD) were present, Mayor Kirk added their 11 presentation as New Business item G. VII. NEW BUSINESS. A.1. a) Motion to read by title only, and set February 19, 2008 as a final Council Member Watford moved to read by title only, and set February 19, 2008 as a final public hearing date, for public hearing date, for proposed Ordinance No. 1007 regarding proposed Ordinance No.1007 regarding Alley Closing Application No. 86, submitted by Steve Dobbs on behalf of the Alley Closing Application No. 86, submitted by Steve Dobbs on property owner, Fosler, LLC; seconded by Council Member L. Williams. behalf of the property owner, Fosler, LLC - City Attorney (Exhibit 1). JANUARY 15, 2008 - REGULAR MEETING - PAGE 3 OF 6 47 VII. NEW BUSINESS CONTINUED. A.1. b) Vote on motion to read -by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA 11 C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1007 by title only. Attorney Cook read proposed Ordinance No. 1007 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITYCLERKTO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first read of proposed Ordinance No. 1007. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1007; seconded by Council Member L. Williams. b) Discussion. Mayor Kirk opened the floor for discussion. At the December 4 meeting, the Council requested a site plan of the proposed project. Mr. Dobbs explained that he has been out of town, and did not submit the copies. He would get them to the Council immediately. The proposed development was reviewed by the Technical Review Committee in December, the only comments missing were from the police department. Council Member Markham asked that the site plan be distributed to them with sufficient review time and not at the next meeting. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Motion to adopt proposed Resolution No. 08-01, implementing a Council Member Watford moved to adopt proposed Resolution No. 08-01, implementing a social security collection social security collection policy under state requirements - City policy under state requirements; seconded by Council Member Williams. Attorney (Exhibit 2). Attorney Cook read proposed Resolution No. 08-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A SOCIAL SECURITY COLLECTION POLICY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. JANUARY 15, 2008 - REGULAR MEETING - PAGE 4 OF 6 VII. NEW BUSINESS CONTINUED. C. Motion to adopt proposed Resolution No. 08-02, regarding priority Council Member Watford moved to adopt proposed Resolution No. 08-02, regarding priority issues requested by the issues requested by the FLC for submittal to the legislative FLC for submittal to the legislative delegation for the 2008 session; seconded by Council Member L. Williams. delegation for the 2008 session - City Attorney (Exhibit 3). Attorney Cook read proposed Resolution No. 08-02 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION." The items denoted in the resolution are as follows: • Re -authorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental permitting processes; • Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; • Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; • Enhances municipal control over municipal employee pension plan management and funding; • Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; • Broadens municipal home rule and other authority to issue tax -increment financed bonds and other forms of indebtedness without approval by referendum; • Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Motion to approve a Temporary Street Closing Application Council Member Markham moved to approve a Temporary Street Closing Application submitted by Okeechobee submitted by Okeechobee County Supervisor of Elections, to close County Supervisor of Elections, to close Northwest 3`d Avenue, between Northwest 2"d and 3`d Streets from 5:00 p.m. Northwest 3`d Avenue, between Northwest 2"d and 3`d Streets from until notified, on January 29, 2008 to provide a secured ballot box drop site at the Court House; seconded by Council 5:00 p.m. until notified, on January 29, 2008 for the purpose of Member L.' Williams. There was a brief discussion on this item. election - City Clerk (Exhibit 4). JANUARY 15, 2008 - REGULAR MEETING - PAGE 5 OF 6 f VII. NEW BUSINESS CONTINUED. D. Motion to approve a Temporary Street Closing Application VOTE submitted by Okeechobee County Supervisor of Elections, to close KIRK - YEA MARKHAM - YEA WATFORD - YEA Northwest 3`d Avenue, between Northwest 2"d and 3`d Streets from C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 5:00 p.m. until notified, on January 29, 2008 for the purpose of election continued 11 E. Motion to approve an amendment to Holmes Cabinets purchase Council Member Watford moved to approve an amendment to Holmes Cabinets purchase contract; seconded by contract - City Administrator (Exhibit 5). 111 Council Member Markham. As outlined in Exhibit Five, the following are the only changes being made, the remainder of the contract stays the same: Paragraph 14. Special Provision: A. Change the date from December 31, 2007 to December 31, 2009 as the time line for one or more lots shall contain an operating business within one year of obtaining all necessary permits for construction. B. Change from a five-year period to December 31, 2012 as the date that the buyer shall be restricted to not convey any lots subject to the agreement. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F. Motion to approve a Developer's Agreement between the City of Council Member Watford moved to approve a Developer's Agreement between the City of Okeechobee and InSite Okeechobee and InSite Development Group - City Administrator Development Group; seconded by Council Member L. Williams. Following a lengthythe Council determined there were (Exhibit 6). to many unanswered items. The motion and second where withdrawn from the floor. The matter will continue to be worked out between staff and brought back to the Council for consideration. ITEM ADDED TO AGENDA: G. Presentation from South Florida Water Benita Whalen first addressed the Council regarding her recent transfer to the West Palm Beach Office. Mr. Gary Ritter Management District regarding the new water restrictions. will be Acting Service Center Director. Mr. Ritter announced that he will be one of the applicants for the position. Ms. Vicki Nowlan, Outreach Media Specialist, addressed the Council regarding the new water restrictions recently put in place. There will be a community awareness campaign as all water sources are included in the restrictions. SFWMD rely's on the local law and code enforcement departments for enforcement. The first violations will be warnings hung on the doors of anyone witnessed violating the water restrictions. 50 JANUARY 15,2 008 - REGULAR MEETING - PAGE 6 OF 6 VII. NEW BUSINESS CONTINUED. G. Presentation from South Florida Water Management District There was a lengthy discussion between the Mayor, Council and SFWMD representatives regarding the concerns of regarding the new water restrictions continued. Okeechobee and the economic impact the drought is having on the community. Mayor Kirk noted these comments are not a personal attack. However, as the elected body of Okeechobee, they must voice their concerns as much as possible to ensure we are being heard by SFWMD. Council Member Markham noted that the district seems to always be more concerned with the South part of Florida or the Southern portion of the lake, and no one is ever concerned with the North -end and the damages being done to our community. In closing Mayor Kirk wished Ms. Whalen well on her new endeavor and requested that a letter of recommendation for Mr. Ritter on behalf of the Mayor and Council be drawn up and forwarded to the appropriate person. Vill. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT6:58 P.M. III The next Regular Meeting is scheduled for February 5, 2008. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. James E. Kirk Mayor ATTEST: . ,l Lane Gamiotea, QVIG . City Clerk AFFIDAVIT g&UBLISHER • OKEECHO EE 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 City Council Meeting PO #013546 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 01/10/2008 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 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 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. larri'esA. Hughes, Jr., (Publisher) Sworn to and subscribed before me this day of A.D. 2008 CITY COUNCH. MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council ofthe City of Okeechobee will meet in Regular Session.. on Tuesday, January 15, 21108: it 6:00 p.m a6City Hall; 55 SE 3rd AV!, Itm.200; Okeecholie ;;Florida. The public is invited and encouragedto attend. Fora copy Of the agenda contact City Administration at (863) ' 763-3372 x 212 PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this meeting. such interested person will need a record ..the need and for sucpurposemay o of the proceedings o ensure a verbatim record made, which record includes the to is ornboena y and evidence- upon which the appe al is City Clerk'media are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 296.26, persons with disabilities needing special accommodation to participate in this proceed- ing should contact Lane Gamiotea, no later than two (2) working days prior to the Proceeding at 863-763-3372 x 214; if you are bearing or voice impaired, call TDD 1-800-222 3448 (voice) or I-888-447-5620 (M) by: James E. Kirk, Mayor City clerk Lane Cramiotea, Publish:01/10/2008 Okeechobee Times ---------------------------------- I a_' -- (SEAL) Notary Public AdY,PGe.,:OSt'd1eE-.>ei�nat) u _ FxPiles: fw,25; 2008 Bonded`fbn1 Wantic Bonding Co- Enc. Page -1- CITY OF OKEECHOBEE - January 15, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: k i rJan 15, 2008, City Council Regular Meeting6:00 p.m. _- .v T II. OPENING CEREMONIES: Invocation given by J fit lo lUS[?ii . —��1��1�� 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 IV, MINUTES - City Clerk. ` A. Council Member moved to dispense with the reading and approve the Summary of CgpinciJ action for the 12/4/2007 Regular Meeting, seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C.: WILLIAMS L. WILLIAMS MOTION: DENIE �ARRIED. V. WARRANT REGISTERS - City.Ad i !stator. A: Council Member {JCL r moved to approve the November 2007 Warrant Register in the amounts: General Fund, ur hundred twenty-one thousand, four hundred sixty-six dollars and eighty-three cents ($421,466.83); Public Facility Improvement Fund, eighteen thousand, three hundred eighty-six dollars and ninety-nine cents ($18,386.99); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Community Development Block Grant Fund, eight thousand, nine qdred sixty-eight dollars and fifty cents ($8,968.50); seconded by Council Member VOTE KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIEC AEiRIED: VJ VULU VII IIIVIIVI I. U V TIE YEA NAY ABSTAIN ABSENT K C' _ILLIAMS RKHAM Page -2- B. Council Member lk1 k moved to approve the December 2007 Warrant Register in the amounts: General Fund, hree hundred ninety thousand, four hundred ninety-three dollars and eighty-five cents ($390,493.85); Public Facility Improvement Fund, twenty thousand, seven hundred ninety-nine dollars and forty-two cents ($20,799.42); Community Development Block Grant Fund, one thous nd, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIED/ RRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? �jC' S /-' 01 VII. NEW BUSINESS. A.1. a)Council Member ttaLLLrnoved to read by title only, and set February 19, 2008 as a final public hearing date, for proposed dinance No. 1007 regarding Alley Closing Application No. 86, submitted by Steve Dobbs on behalf of the property owner, Fosler, LLC - City Attorney (Exhibit 1); seconded by Council Member 4 ' 1 c.3 b) Vote on motion to read by title only and set the final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read proposed Ordinance No. 1007 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2, a) Council Member L] moved/to approve the first read of proposed Ordinance No. 1007; seconded by Council Member b) Discussion. Q o,a.� �( &r kkA ,z tk l d u L� f 0- V_q LIS c) ote on mo ion. VOTE YEA NAY ABSTAIN ABSENT K CWILLIAMS MARKHAM WATFORD L, !WILLIAMS _ NNWTION: DENIED RR Page -3- B. Council Member moved to adopt proposed Resolution No. 08-01, implementing a social security collecti n olicy under state requirements - City Attorney (Exhibit 2); seconded by Council Member "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A SOCIAL SECURITY Tff T ON P L Y, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." VOTE Q%A(7Y ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L.- WILLIAMS MOTION: DENIED/ RRll C, Council Member moved to adopt proposed Resolution No. 08-02, regarding pri ity issues requested by the LC for submittal to the legislativ delegation for the 2008 session -City Attorney (Exhibit 3); seconded by Council Member "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE2008 I LAyJVE ESSION.,, • Re -authorizes the affordable housing trust funds, preserves the documentarystam ee as the trust funds' funding source and removes the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental permitting processes; W Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; *.Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; ♦. Enhances municipal control over municipal employee pension plan management and funding; • Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; 4 Broadens municipal home rule and other authority to issue tax -increment financed bonds and other forms of indebtedness without approval by referendum; 0 Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD I WILLIAMS _ __ RIInTInNnFNIFn/ ORRIFD_) Page -4- D. Council Member Z moved to approve a Temporary Street Closing Application submitted by Okeechobee County Supervisor of Elections, to close Northwest 3'd Avenue, between Northwest 2"d and 3'd Streets from 5:00 p.m. until notified, on January 29, 2008 to provide a secured ballo box drop site at the Court House - City Clerk (Exhibit 4); seconded by Council Member IL (Y"v IL V! VOTE YEA NAY ABSTAIN ABSENT hK C.WILLIAMS i MARKHAM VO 4TFORD L� �WILLIAMS MOTION: DENIED/ ARRIED. Council Member moved to approve an amendment to Holmes Cabinets purchase contract - ChyAdmi trator(Exhibit5);secondedbyCouncilMember ,L Lj-W { a t YEA NAY ABSTAIN ABSENT LLIAMS HAM ORD L *ILLIAMS OTION: DENIED/ ( RIED — Page -5- F. Council Member moved to approve a Developer's Agreement between the City of Okeechobee a I InSite D velopment Group - City Administrator (Exhibit 6); seconded by Council Member ew _', 'P4,�f R�� q,4� . . . ..... d rInz cx_4,� / � lam. v"'l�`--' / , �( �� . !�.-iL'L-G"iK � `�' '�/j///I'/J�.. �"v- ✓`.-' �JCii��"I l✓ 0 Ida F VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L: WILLIAMS MOTION: DENIED/CARRIED. VIII. MAYOR ADJOURNED THE MEETING AT P.M. 2,21 a,21 m �2C/ n 4r m--6At?T U 0,7y �jp F"ll WK ;��,� �� , �� } , ti `' l Jam' a P-,q )4q - 19 )7�7 J/ 1011-d )141 pl*yl �� Page -1- CITY OF OKEECHOBEE - January 15, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I'�' CALL TO ORDER - Mayor: Jan 15 2008, City Council Regular Meeting 6:00 g.m. II OPENING CEREMONIES: Invocation -given by l�(u S(Shx F MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present 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 Absent 1►. MINUTES - City Clerk. k Council Member ` ^ moved to dispense with the reading and approve the Summary �,Council Action tor the 12/4/2007 Regular Meeting, seconded by Council Member n ti ITE YEA NAY ABSTAIN ABSENT R K MARKHAM WATFORD ¢ WILLIAMS 4a WILLIAMS Y MOTION: DENT /CARRIED V; WARRANT REGISTERS - City Administrator. Ai Council Member D (,�-' moved to approve the November 2007 Warrant Register in the amounts: General Fund, four hundred twenty-one thousand, four hundred sixty-six dollars and eighty-three cents ($421,466.83); Public Facility Improvement Fund, eighteen thousand, three hundred eighty-six dollars and ninety-nine cents ($18,386.99); Capital Improvement Projects Fund - Vehicles, t eighteen thousand dollars ($18,000.00); Community Development Block Grant Fund, eightthousand, nine hu`nor ed sixty-eight dollars and fifty cents ($8,968.50); seconded by Council Member TE YEA NAY ABSTAIN ABSENT - RK RKHAM +� 1 ,ATFORD C WILLIAMS v WILLIAMS v— MOTION: DENIED/ ARRI . Ii -- - Page -2- B. Council Member , tk; moved to approve the December 2007 Warrant Register in the amounts: General Fund, three hundred ninety thousand, four hundred ninety-three dollars and eighty-five cents ($390,493.85); Public Facility Improvement Fund, twenty thousand, seven hundred ninety-nine dollars and forty-two cents ($20,799.42); Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member 11i VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIE VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? ti! C i cJLtLt, VII. NEW BUSINESS. A.1. a)Council Member moved to read by title only, and set February 19, 2008 as a final public hearing date, for proposed Ordinance No. 1007 regarding Alley Closing Application No. 86, submitted by Steve Dobbs on behalf of the property owner, Fosler, LLC - City Attorney (Exhibit 1); seconded by Council Member[; b) Vote on motion to read by title only and set the final public hearing date VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM v WATFORD C. WILLIAMS v L. WILLIAMS v MOTION: DENIED)CARRIED) c) Attorney Cook read proposed Ordinance No. 1007 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved too approve the first read of proposed Ordinance No. 1007; seconded by Council Member c 1 b) Discussion. i + ew ULL c} Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED! ARRIEU. Page -3- B. Council Member U�, " moved to adopt proposed Resolution No. 08-01, implementing a social security collection policy under state requirements - City Attorney (Exhibit 2); seconded by Council Member "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A SOCIAL SECURITY COLLECTION POLICY, PROVIDING FOR CONFLICTS, SEVERABIL/TY, AND AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS V' MARKHAM WATFORD L.-WILLIAMS ✓�---� MOTION: DENIE CARRIED C. Council Member ) moved to adopt proposed Resolution No. 08-02, regarding priority issues requested by the FLC for submittal to the legisl ive delegation for the 2008 session - City Attorney (Exhibit 3); seconded by Council Member ` � tO ( "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION." • Re -authorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental permitting processes; 0:Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; • Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; • Enhances municipal control over municipal employee pension plan management and funding; 0 Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; •Broadens municipal home rule and other authority to issue tax -increment financed bonds and other forms of indebtedness without approval by referendum; *-Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. V TE YEA NAY ABSTAIN ABSENT KIRK C WILLIAMS J MARKHAM WATFORD L. WILLIAMS MOTION: DENIE 6/CRRI Page -4- D. Council Member ' S moved to approve a Temporary Street Closing Application submitted by Okeechobee County Supervisor of Elections, to close Northwest 3rd Avenue, between Northwest 2"d and 31d Streets from 5:00 p.m. until notified, on January 29, 2008 to provide a secured ballot, box d�op site at the Court House - City Clerk (Exhibit 4); seconded by Council Member V i 3 1 1" ATE YEA NAY ABSTAIN ABSENT RK WILLIAMS RKHAM ZTFORD 4 WILLIAMS NllDTION: DENT�ARRIE Council Member moved to approve an amendment to H Imes Cabin i purchase contract - City Administrator (Exhibit 5); seconded by Council Members Cabinets j j p I�� ,�,,,;•,; � t '[i..--'�,.,� � X�4r.L.,L �i l.Lv�,��'� ��=i.i.._G� Ci.` ��. �o .••7„ ' 1 �� 1 u Yf vi i+ t4 {I I d. i 1 Page -5- F. Council Member moved to approve a Developer's Agreement between the City of Okeechobee and oSite Development Group - City Administrator (Exhibit 6); seconded by Council Member V'& cta- M wr, v-17 P T p b)-a 10,ccut cuL-c (iYk,a jitts-i,�m coax A DA2 -oafw"o J-Lcu date," lcua lb!,4 ou, CCU, kep �KL . � � . ,� .L the L �Ct z:c �y Viu �:LSC4 C,4� yk), C&(7 6k -tLLLL Jul ptvw- A I CITY OF OKEECHOBEE JANUARY 15, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 • I. CALL TO ORDER - Mayor: January 15, 2008, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. 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 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 4, 2007 Regular Meeting. JANUARY 15.2008 PAGE 2 OF 3 • • V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2007 Warrant Register. General Fund $421,466.83 Public Facilities Fund $ 18,386.99 Capitol Projects -Vehicles $ 18,000.00 CDBG Fund $ 8,968.50 B. Motion to approve the December 2007 Warrant Register. General Fund $390,493.85 Public Facilities Fund $ 20,799.42 CDBG Fund $ 1,869.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A.1.a) Motion to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No.1007 regarding Alley Closing Application No. 86, submitted by Steve Dobbs on behalf of property owner Fosler, LLC - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1007 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1007. b) Discussion. c) Vote on motion. JANUARY 15, 2008 PAGE 3 OF 3 0 VII. NEW BUSINESS CONTINUED. B. Motion to adopt proposed Resolution No. 08-01, implementing a Social Security Collection Policy under State requirements - City Attorney (Exhibit 2). C. Motion to adopt proposed Resolution No. 08-02 regarding priority issues requested by the Florida League of Cities for submittal to the Legislative Delegation for the 2008 Session - City Attorney (Exhibit 3). D. Motion to approve a Temporary Street Closing Application submitted by Okeechobee County to close NW 3'd Avenue, between NW 2Id & 3`d Streets, from 5:00 p.m. until notification from the Supervisor of Elections, on January 29, 2008 for the purpose of the election - City Clerk (Exhibit 4). E. Motion to approve an amendment to Holmes Cabinets Purchase Contract - City Administrator (Exhibit 5), F. Motion to approve a Developer's Agreement between the City of Okeechobee and InSite Development Group - City Administrator 6 Exhibit . ( ) Vill. 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 media are for the sole purpose of backup for official records of the Clerk. EXHIBIT NO. _ JAN 15 - f READ EXHIBIT NO. FEB 19 - FINAL ORDINANCE NO. 1007 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 86) from Steve Dobbs,P.E., on behalf of the property owner(s), Fosler, LLC (a Florida Limited Liability Company), for the closing of a certain alleyway as described in this ordinance to utilize the property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running East to West located between Lots 1 through 10 and Lots 17 through 26, inclusive of Block 28, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 19' day of February, 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 151h day of January, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 PASSED and ADOPTED on second and final public hearing this 19' day of February, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerk Subject: Alley Closing No. 86 Date: November 28, 2007 Attached is a completed alley closing application submitted by Steve Dobbs on behalf of property owners Fosler, LLC, to close the East to West alleyway located in Block 28, between Lots 1 to 10 and 17 to 26. The purpose of the alley closing is to utilize the area for a multi -family development and drainage. Utility companies, Embarq, Comcast and OUA, do not require any type of easement. FP&L has no objection with this alley closing, except they noted that they will need an easement for future power. City Engineer Bermudez objects to the alley closing due to drainage problems in the City. Administrator Whitehall is in agreement with Engineer Bermudez. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alleyway and present it for first reading at the January 15, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. °i Llttc e :7 illJ 7 1 0 L1,7 t5,I±i_aHfi ;F`s; -ia paje a November 21, 2007 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Job No.: 2007-237 Subject: Application for Alley Closing Project: Casa Bella Dear Reviewer= On behalf of our client, please accept the attached submittal for the Alley Closing regarding the above noted development_ Materials required per the application in,structions are enclosed as well as the application fee in the amount of $25.00. Please contact our office as to the sufficiency of this application at your earliest convenience. Please do not hesitate to contact me should you have any questions or require additional information. Thank you, Marci S. Weseman Administrative Assistant Rudd Jones, P.E. and Associates, PA cc: Randy Simler File 210Ntt� Pa�7P Slued • Si k,90/' - OA--he 3 96-1y 7-076 • Far A634167-'17, pared By: • CITIZENS TITLE OXLJ IE INC 10295 W SAMPLE ROAD SUITE 206 CORAL, SPRINGS, FL 33065 PERSONAL REPRESEIN TIVE DEED FildP%- 9207em i This Indenture made this It day ofOCT013ER A.D. 2007 between :t NYSOLA GRANT AS PERSONALREPREgENTIM OF TM ESTATE O� MZLTON GEORGE GRANT as Grantor*, whose address Is- 14432 ViELXMGTON TRACE WELLINGTON, FL33414 i and FOSLER. LLC j i as Grantee*, whose address is=728 SANDPIPER WAY NORTH NORTH PALM BEACH; FL 33408 WITNESSETK That said Grantor, for and in consideration_ of the purr of TEN A IM 00/1001S ($10.00) Dol lays and other good and valuable Considerations to said grantor In hand paid b i said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantet and grantee's heirs and assigns forever the following described land located in the County ofoKEECKC BEE State of Florida, to -wit: LOTS 1 THROUGH 10; INCLUSIVE AmD LOTS 17 THROUGH 26 INCLUSWV BLOCK 28, CITY OF 0KEECHOBEE ACCORDING TO THE PLAT OR MAP THEREOF CRIB_ED IN PLAT BOOK 5, AT PAGE(S) 5, OF THE PUBLIC RECORDS OF OKEECHOEE COUNTY, FLORIDA_ Property Tax 10 Namber.3-IS 37 3"010-00Z80.0010, R3-15-37-35-0010-0026 -0100 3-15-37-35-0010-b0280-0170 and 3-15-37-3-0010-0028D-0180 SUBJECT TO easements, restrictions and reservations of record, if any but this shad not reimpose same and taxes for 2007 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. 'Singular and plural are interchangeable as context requirrs_ IN WITNESS WHEREOF, Grantor has hereurto set grantor's hand and seal the day and year first above written, (WITNESS 1).OAAA SIGN AND PWNT NAME NY3 QRANT, AS R mE OF THE ESTA-M OF MELTON OBOROE GRANT (WITNESS 2) SKIN AND PRMT NAME State of FI.QRIDA County of 4fr- •^ - t - The foregoing instrument was acknowledged before me on this % ` `,- daydadur- 2007 b NYSOLA GRANT is personally known to me or who has produced - d[_ as identification and did take any oatb. My Commissions Expires. Amber-1"B.Mt,Mict►aei- �Commie4Tar4ilt>�- ,� E+� Saplemilet'2T, 2DW ri 17. WN-WAMM . ... pa"j e 3 110V V7 u! ul74J1O �. .. a' --- a ,�tS�.� �� , Ps��1 `'.-j :� ...� � � � i t _ ...� � � �l � � �g�l�Y.r l r �.�y i �,z,�� `�n.:`=--'-•- 4a J" >It -1•r=. t'__"��`i''`..eL�i�' a .pt— � — _�.3L_�^-._e .t. .tom Rr��.,•tn f`e�`�� _ Aw • • •.• .1111111 JAR Authorized Signature Typed Name & Tine (-Ai Phone No- 1 rized Signature Typed Name 8. Title Phone No_ Date •� � 1' ��Y�L Y+.iT1� L dAgd)lgnitlrl Typed Name & Title Phone No. Date n"hF Pr r r]fv of nhPPrhehvql� K First Addition to City of Okeechobee Subdivisions- �^ L dAgd)lgnitlrl Typed Name & Title Phone No. Date n"hF Pr r r]fv of nhPPrhehvql� K First Addition to City of Okeechobee Subdivisions- �^ IF - /1 G' /�z�f. ti ��-T � Sl �-7C33�`f -z9-z Authorized // Signature Typed Name & rifle Phone No_ Date Voice I Data I Internet I Wireless I Entertainment November 20, 2007 Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite 204 Okeechobee, FL 34972 • EMBAR07 Embarq Corporation Mailstop: FLAPKA 0305 P.O. Box 165000 Altamonte Springs, FL 32716- 5000 EMBARQ.com RE: No Object for the Vacation of East/West Alley between NW 10th and 11`h Streest West of NW 5th Ave., Okeechobee County, FL To Whom It May Concern: With reference to the request for a vacation of the alley described above, we do not object to the vacation. If you have any questions, you can reach me at the number shown below. Since .ly, �Ginny Bo g Pen] FRtate ManaaPr TT � qje � OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 November 20, 2007 Foster, LLC c/o Rudd Jones, P.E. & Associates, P.A. Attn: Steve Dobbs 210 NW Park Street Suite #204 Okeechobee, FL 34974 Re: Abandonment of Alley, Block 28, North Okeechobee Dear Mr. Dobbs: The Okeechobee Utility Authority, (OIJA) has reviewed the drawings of the alleyway to be considered for abandonment_ OUA has field -verified that it does not have water or sewer lines in the alleyway between Lots 1-10 and Lotsl7-26 of Block 28, North Okeechobee. OUA does not object to the abandonment of this alleyway. Please let me know should you need any additional information. Sincerely, John F. Ha , P.E. Executive Director Okeechobee Utility Authority 'PI�BL(CV{�QRICS D�R77YIE•�f�' / —al-0-7 2,ee -44",J ld Donnie Robertson, Public Works Date Oscar Bermudez, City Engineer . Data POLICE . . DPAF�NENT Denn�vis, Chief of Police Date Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Alley - Closing From NW 5 h Ave to DOT property, Between NW 10' St and NW 11t' St. Date: November 27, 2007 Re: Application from Fosler, , LLC. 728 Sandpiper Way N., N. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. It is the Engineering Department's opinion that the City of Okeechobee Council shall be very cautious before approving abandoning any Alleys. 11011111111. BUNCH!! NW 12TH SA 13 t em�Ae�n NW 11TH Kj70) L 17 n 1111 Qmmm� o0 m�enlao©o©©nw©o©©� m1�I m® mrtr� ■�, o m' NW 11TH Kj70) L 17 n 1111 Qmmm� o0 m�enlao©o©©nw©o©©� m1�I m® mrtr� ■�, o m' moi ALLEY CASING APPLICATION NO. 86 SURROUNDING CLOSED STREETS SUMOUNDMG CLOSED AL EY3 i t6 T1 t 2 2t 77 9 21 23 Ot f �,IOR ono •�� ooa000 ' 9E�a6m1W1�� 11111110111111 11111110111111 RMiNINif1Y .. :amm::m�s:� s�maa�ss� a mmm�i�om�oe m��mmmo0- nm�mu9� v�nime � i MM �: ►n : mw: my . owe A= . mom. mam: _ Nor.! m�I m r-ow &W � mom: mm �I m0 m o m o mr�a m m� mve �. EM �■ mama m0 m my m ma mo m to Qa o m m� mm i mew Em no III mt� o� m0 m my m� my mo mt� �■ macs m� m� ■ ' �. m� m® om eA m m m m �a m ■¢s m mmm mr�m m� ; mmo EM mm� mmc11 HIM ooa�oo ��oo oma�ma oom�oo oo�aoo oom�oo oma �mm�mmmmmmmm oammm� o ®�m� oonmmm oon�mm oon�mm oon�mm �m�o ®aoiooamoo oaamoo ooQmoo oaamoo aoa 1111111111111 INAoo . SIM - - �mmmmmmm��mmm moo�mm� - � o �m� ��nmm��m oom�m� oom�mm oan�mm �m� o MINIMUM III a H III HIM 1111111oaao� 111111- IS Qo� .r 0 JAN 15 &NVA - EXHIBIT NO. A RESOLUTION NO. 08-01 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A SOCIAL SECURITY COLLECTION POLICY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, effective October 1, 2007, the Florida Legislature adopted new requirements relating to the collection and dissemination of Social Security numbers by all agencies in Florida, including cities in Florida, Florida Statute 119.071(5); and WHEREAS, Florida Statute 119.071(5) requires that cities adopt a Social Security number collection policy, and that a notice must be provided to individuals when an agency collects that individual's Social Security number of the purpose for the collection of the Social Security number. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. The City Council hereby adopts a Social Security Collection Policy whereby any individual from whom a Social Security number is requested will be provided notice of the purpose for the collection of the Social Security number, said notice being attached hereto as Exhibit A. Section 2. That a copy of this Resolution shall be provided to the President of the Senate and Speaker of the House. Section 3. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. Section 4. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon its passage or adoption. INTRODUCED AND ADOPTED in regular session this 151h day of January, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 2 RESOLUTION NO.08-01 hibit A" CITY OF OKEECHOBEE SOCIAL SECURITY NUMBER COLLECTION POLICY NOTICE Please be advised that Florida State Statute regulates the collection and use of your social security number as defined in Chapter 119. This serves as written notification to the collection and purpose thereof: You are being provided this written policy for one or more of the purposes listed below, per Section 19.071(5) Florida Satutes. The City of Okeechobee has requested your Social Security number for the specific purpose and for no other purpose as listed below: ■ To process and report wages pursuant to the Social Security Administration Act ■ To report income pursuant to the Federal Department of Internal Revenue Service ■ To initiate and process applicant or employee background checks to include consumer reports, educational institutions, government agencies, companies, corporations, and credit reporting agencies in compliance with the Fair Credit Reporting Act ■ For Drug Screening Test Identification ■ To process Employee Benefits ■ To process Business Tax Receipts ■ To Process Police Statement(s), Complaint(s) and/or Arrest Affidavit(s) for verification of identity Resolution No. 08-01 Exhibit A - Page 2 of 2 JAN 15 AGENDA - EXHIBIT NO..3 RESOLUTION NO. 08-02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities are challenged to meet the increasing infrastructure, affordable housing, transportation and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee urges Governor Charlie Crist and members of the Florida Legislature to support legislation during the 2008 legislative session that: • Re -authorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental permitting processes; • Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; • Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; • Enhances municipal control over municipal employee pension plan management and funding; Page 1 of 2 • Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; • Broadens municipal home rule and other authority to issue tax - increment financed bonds and other forms of indebtedness without approval by referendum; • Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. Section 2. That a copy of this Resolution shall be provided to Governor Charles Crist, Senator President Ken Pruitt, House Speaker Marco Rubio and members of the Florida Legislature. INTRODUCED AND ADOPTED in regular session this 15t" day of January, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor Page 2 of 2 itv of Okeechobee 55 Southeast 3'd Avenue * Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant CoLmty Today's Date 1/8/2M8 Address 311 MT 3rd Ave Phone(s) 763-4014 Name of Property Owner Address 311 1VI�T 3rr1 Phone(s) 763-9014 Street to be Closed Dates to be Closed Jairuary 29 2008 Time(s) to be Closed 5. Purpose of Closing IIecticxs Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) vwClean-up is required within 24 hours. twNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. swNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. OwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT Authorized Signature FIRE DEPARTMENT ADMINISTRATION Signature CLERK'S OFFICE Au horized Signature /,44 — eDonnie Robertson, Public Works Director Date Typed Name & Title . o Denny Davis, Chief of Police Date Typed Name & Title �/7 CM&U!, Herb _Rmi th, Fire Chi Date Typed Name & Title Occupational and/or State License Verified: Brian Whitehall. City ' Administrator Date j yped Name & Title ftusb • i ooO fit= UZ-- C ft ti7-C.1G Lvm u- rCV-(&U U xe/,Lt-. �w Lane Gamiotea, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05103 am my . m;o■ EMU v� vom io m ■o� s� m o -m© m�swo m;© ®o mo vm vm mm mom mfm m'�°" m� ,. 1 nna © nno Ml�. • MCI o ®� '. ' nnoo nnnnoo nnaaoo ona o . TWIN 6� . :. • � nno�mm nnn�mm �m�o �..�sm�nnnmm wn ono new mm�m �NI 19N91 CEO UtiH won o�ni =�ma ooa�v� �01 �6N mono a�� NE 7TH ST (100') 7 8 9 1 111- F 879 6 5 4 3 2 1 6 5 4 I7 8 91 111 7 8 9 NE 5TH a g: 3 2 1 6151413 2 1 6 5. 4 6 .7 8`. C 11 Z 8 9 111 7 8 9 9 a NE 4TH ST 000 ) F11,1oflo Fu fsIII • Date: Jan 15, 2008 TO: Mayor & City Council Atty John Cook FR: Administrator Whitehal RE: Amendment to Holmes September 2006 Ex Imff 5 JANUA"16, Z0018 Contract for the 2-acre parcel dated Mike and Linda Holmes have requested modifications to their original Purchase Contract as a result of current noncompliance. They indicated that a market turn has resulted in lost revenue, which makes it impossible at this time to fulfill the previous contract provisions. Therefore the following Section of the Contract needs to be amended accordingly: 14. SPECIAL PROVISIONS: A. Buyer or its assign shall proceed with permitting and construction on one or more of the lots being sold. One or more of the lots shall contain an operating business within one year of obtaining all necessary permits for construction of December 31, 2009, whichever comes first. (Original contract calls for Dec 31, 2007) B. Buyer shall be restricted to not convey any lot(s) subject to this Agreement until after December 31, 2012. (Original contract calls for a five-year' period from date oforiginal Agreement restricting conveyance) If you have questions, please advise. Ot J,o /Y) C • • EX1 Isff B JANUARY15 2008 SOUTHERN TRACE DEVELOPMENT AGREEMENT This Development Agreement is entered into this _ day of , 2008 by and between the City of Okeechobee, a municipal corporation under the laws of the State of Florida, having its principal office at 55 S.E. 3`d Avenue, Okeechobee, Florida 34974 hereinafter ("City"); and InSite Development Group, a Florida Corporation, hereinafter ("Developer"), a Florida corporation, whose address is 3201 South Ocean Boulevard, Apartment 1202, Highlands Beach, Florida 33487-2571. WHEREAS, the City of Okeechobee is authorized to enter into a Development Agreement to promote certainty in the development approval process, strengthen the public planning process, encourage sound capital improvement planning and financing, assist in ensuring that there are adequate capital facilities for the development, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, the Developer owns a 37.73 acre development located in Section 15, Township 37 South and Range 35 East in Okeechobee, Florida, legally described on the attached Exhibit "A", on which the developer intends to develop a multi -family residential project known as Southern Trace (hereinafter "Property"); and WHEREAS, the City acknowledges that the proposed development of the property will benefit the City's residents and is an appropriate use of the property; and WHEREAS, the Parties wish to establish by agreement the terms under which the property may be developed; and NOW, THEREFORE, in consideration of the covenants and conditions contained herein and of benefits accrued to each party, the City and Developer agree as follows: I. Recitals. The foregoing recitals are assumed correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Property Subject to this Agreement. The property described on the attached Exhibit "A" is subject to this Agreement. 3. Ownership. InSite Development Group/Curt Lundberg, a Florida Corporation, represents that it is the fee owner of the property and as such may lawfully enter into this Agreement. 4. Consistency with the City's Comprehensive Plan. Concurrent with the effective date of this Agreement, the property is proceeding through a Future Land Use Map Amendment to redesignate the Property from Single Family to Multi -Family. Subject to and upon adoption of said Amendment by the City, the development permitted by this Agreement will be consistent with the City's comprehensive plan. 5. Consistency with the City's Land Development Regulations. The property is currently zoned RSF 1. Upon the effective adoption of the rezoning to RMF, this Agreement shall entitle the Developer to develop on the property all uses permitted by right in the RMF Zoning District. • • 6. Development of the Property. The Developer has prepared site plan which demonstrates the Developer's design of the overall project and which has been approved by the Technical Review Committee (TRC). Developer agrees that final development will be in substantial compliance with the approved site plan as attached hereto as Exhibit `B". 7. Development Obligations. In consideration of this Development Agreement and to assure that the change in the Comprehensive Plan classification is suitable, the Developer hereby voluntarily contributes and the City of Okeechobee accepts, the following terms for development. a. Transportation Obligations. To mitigate the impacts of the development of the property on the City's transportation network, the Developer has agreed to enhance the City's transportation network by making a voluntary contribution to the City. (1) Prior to the issuance of building permits, at the rate in effect at that time, the Developer shall pay to the City within sixty (60) days of the approval and complete execution of this Agreement, a voluntary contribution in an amount equal to its proportional share of all costs associated with the installation of a traffic signal at each of the following intersections: NW 9t' Street and US 441 NW 9t' Street and NW 9t' Avenue. (a) The amount of this monetary contribution for each traffic signal shall be computed in the following manner: The Developer's "fair share" shall be equal to the percentage of the estimated cost of the traffic signal that results from traffic volume generated by the development at and should be calculated at time of 100% occupancy and new traffic count, being divided by the total traffic volume deemed necessary to warrant the need for a traffic signal at the intersection. (b) The City shall deposit the calculated "fair share" monetary contribution into an interest bearing account until such time as the need for the signal is warranted. (c) If a signal is determined to be not warranted according to the Florida Department of Transportation's (FDOT) Warrant Criteria, or the signal is not installed by the City at the time th final Geftitioate of Oeeupaney is issued within five years from date of payment, the monetary contribution and all accrued interest will be returned to the developer. b. Open Space/Recreation Obligations. (1) The Developer shall ensure that the two park areas shown on the site plan shall be, in perpetuity, dedicated to open space/recreation use available for use by the general public and that there shall be no signs posted limiting accessibility to said parks to residents of the project. FJt (o-P9a16 2 • (2) The Developer shall maintain said parks in a clean, visually pleasing and safe condition until such time as the maintenance responsibility is transferred to the homeowner/condominium association with a provision in the agreement requiring the continued maintenance by the homeowner/condominium association in perpetuity. 8. Vested Rights. If the Developer fulfills its obligations for the voluntary contribution for transportation impacts and voluntary allocation and continued maintenance of open space/recreation lands, the project shall be deemed concurrent as to transportation and recrea- tion/open space and shall have no other obligations under the City's Concurrency Management Plan as to transportation facilities or recreation/open space facilities. 9. Applicable Land Use Regulations. Pursuant to Florida Statutes § 163.3223, development within the property shall be subject to the City's land development regulations and policies governing development at the time the Agreement is executed by the City, except as may be modified by the Agreement. The City may apply subsequently adopted regulations and policies only in accordance with that Statute. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restriction. 10. Duration of Agreement. This Agreement shall remain in full force and effect for ten (10) years from its effective date unless terminated earlier as provided in this Agreement. The duration of this Agreement may be extended with the Party's mutual consent in accordance with Florida Statutes § 163.3229. However, the termination of this Developer's Agreement shall not affect the zoning or uses on those portions of the Property if any portion of the Property has been improved or if any portion of the Development has been constructed, including the two park areas and their maintenance obligation. 11. Amendments and Termination. This Agreement may only be amended or terminated with the Party's mutual consent. 12. Notices. All notices required are permitted under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested to the following addresses or to other such persons or addresses as any Party may designate from time -to -time in writing. If to the Developer: Irving Haase 3201 S Ocean Boulevard Apt 1202 Highlands Beach, FL 33487-2571 If to the City: City of Okeechobee 13. Remedies. Any material breach of this Agreement may be enforced by either Party as against the other in an appropriate action in law or equity filed in a Court of competent jurisdiction; provided, however, no such action may be brought until the defaulting Party has been given notice and thirty (30) days in which to cure the default. If the default cannot be reasonably cured within the thirty (30) day period, such period shall be extended if the cure is commenced within such thirty (30) days and the defaulting Party is proceeding with due diligence for such period of time reasonably required to complete the cure. If such material breach should occur prior to issuance of final Certificate of Occupancy, the City retains the right to withhold the issuance of the Certificate of Occupancy until the resolution of the alleged breach. EeG i )y 3/v 14. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be exclusively in Okeechobee County, Florida. 15. Severability. If any part, term, or provision of this Agreement is held to be illegal, void, or unenforceable, the remaining portions or provisions of this Agreement shall not be affected or impaired. Each remaining provision shall remain in full force and effect and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 16. Entire Agreement. This Agreement embodies the whole Agreement 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, regarding the development of the property between the Parties. 17. Conflicts of Law. If State or Federal laws are enacted subsequent to the execution of this Agreement which are applicable to and preclude either Parry's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws. 18. Covenants Running with the Land, its Successors and Assigns. The obligations imposed and entitlements created pursuant to this Agreement shall run with and bind the property as covenants running with the land, and this Agreement shall be binding upon and enforceable by and against the Parties hereto, their personal representatives, heirs, successors, grantees and assigns. 19. Effective Date. This Agreement shall become effective upon the effective date of the City's comprehensive plan amendment designating the property as Multi -Family on the City's Future Land Use Map of the City's comprehensive plan. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year first above written. Irving Haase InSite Development Group Attest: James E. Kirk, Mayor City of Okeechobee Lane Gamiotea, CMC, City Clerk • 0 City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhitehall6rityofokeechobee.com * * * * *Memorandum * * * * * Date: January 15, 2008 TO: Mayor, City Council D P Wks, City Eng, City Clerl , Ci Atty FR: City RE: Southern Trace Devel I just received the attached memo from Planner LaRue's Office pertaining to the administration of traffic improvements born by the Southern Trace Developer. While it isn't imperative that you thoroughly understand the calculations, it's important to understand the concept of the Developers contribution as part of the traffic `concurrency' issue. If you have questions, please do not hesitate to contact me. LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 MEMORANDUM DATE: January 15, 2008 TO: Brian Whitehall and Betty Clement FROM: Bill Brisson RE: Southern Trace Developer's share of traffic improvement costs. Per Betty's e-mail of January 10t' pertaining to an estimate or methodology for computing the developer's fair share of traffic improvements as described in the proposed Developer's Agreement between Southern Trace and the City, we offer the following comments. We wish we could provide you with a more definitive answer, but we still need more information from the FDOT. The standard practice for calculating proportionate share is based on PM Peak Hour traffic volumes from the development divided by the capacity increase multiplied by the cost of intersection improvements inclusive of any turn lane improvements. For example, if the new traffic signal at US 441 and 9d' Street were to increase the capacity from say, 2,000 to 2,400 peak hour trips, and the Southern Trace project generates 94 Peak Hour Trips as was estimated in the Applicant's TIS (March 2007), then the Southern Trace fair share would represent 23.5% (94 divided by 400). If the cost of a traffic signal is $400,000, the Southern Trace share would be $94,000. At this time, however, we are still trying to obtain the correct numbers for this intersection. That is, the real numbers that would replace the 2,000 and 2,400 trip figures used in the example above. With regard to the possible need for a two-way stop, four-way stop, or a traffic signal at the intersection of NW 9 h Street and NW 9t' Avenue, if Southern Trace is likelyto be the only major influence in,this area tlt would cause the need for improvements to this intersection# intersection to fail Southern Trace would be responsible for the entire cost of the intersection improvements, be they a two-way or four-way stop arrangement, turn lanes, or a traffic signal. At this point, we have not been privy to the findings of the traffic study, done this past Fall by the Applicant, for this intersection. I hope this information is helpful. Feel free to call me on my cell phone should you have any questions (941-228-1499) Bil Page 1 of 1 • • bwhitehall From: "robin brock" <rbrock@cityofokeechobee.com> To: "Brian Whitehall" <bwhitehall@cityofokeechobee.com> Sent: Monday, January 14, 2008 1:45 PM Subject: Re: January 10 Meeting Please read below. I talked to her this morning and told her it was too late to be placed on the agenda for this meeting, but she wants to appear. How do you want to handle it? Have her as an add -on? I'm supposed to call her back. -- Original Message ---- From: Nowlan, Victoria To: robin brock Sent: Friday, January 11, 2008 4:58 PM Subject: RE: January 10 Meeting Robin, I know this is late notice but is there anyway that we (SFWMD) can get on the councils agenda for Tuesday evening. It will be Benita Whalen, Gary Ritter and myself. Just under the general category, want to give some updates on the restrictions, etc. Thanks. Victoria Nowlan Community Outreach/Media Specialist Sr. Okeechobee Service Center South Florida Water Management District vnowlan@sfwmc.gov (863) 462-5260 x3045 Cell: (863) 697-1775 From: robin brock [mailto:rbrock@cityofokeechobee.com] Sent: Wednesday, January 09, 2008 10:14 AM To: Nowlan, Victoria Subject: January 10 Meeting Hi Vicki, There will be 3 from the City attending the meeting tomorrow. Have a great day. Robin Brock Executive Secretary City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372, Ext. 212 - office 863-763-1686 - facsimile rbrock a@cityofokeechobee. com 1/14/2008 City of Okeechobee SS SE 3Td Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhiteha10,,cityofokeechobee.com * * * * *Memorandum * * * * * Date: For Jan 15, 2008 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: Local Govt Investment Pool — There seems to be some settling down of the LGIP, as exemplified, by now historic data, wherein the redemptions have been exceeded by deposits and there is a steady $10+ billion balance threshold for the last few weeks. The comments below were rec'd from the Pool late last Wed., 1/9/08. In our January 3, 2008 meeting with the Participant Advisory Committee, the SBA discussed a plan to increase liquidity by at least $2.7 billion over the next four months. However given improving market conditions and BlackRock's able portfolio management, we now expect to make available an estimated $4:7 billion over the next four months. We are pleased with the improved liquidity we've been able to achieve this month, and will release the new liquidity rules during the week of January 14. At that time we will release a detailed explanation of the new rules so that you can calculate the impact on your LGIP account(s). In sum: o We believe that by the end of January, we will be able to raise the liquidity ceiling for Pool A by more than doubling the account balance available from 15% to close to 40%. o We expect to announce a material increase in the current $2 million minimum liquidity ceiling to help smaller pool investors. o By April we expect to have provided a total of roughly $4.7 billion in new liquidity. o We expect to transfer more than $650 million in maturities from Pool B to become new ALB (available liquid balances) in Pool A in the coming months City's Cash position - Let me take this opportunity to review our cash position: Attached please find Finance's Riedel's report reflecting cash balances in each Fund type. Let me add that the City has an additional General Fund CD in the amt of $1,173,000 for a total Gen Fund balance of approx $8.15 million. The Public facilities Fund has about $2 million with annual expected revenue of $700,000+. Our moneys currently gain about 4.81 % in the LGIP and approx 4.25% in the SunTrust Municipal NOW account. Page 1 • Legislation on tax reform - If you have not seen the FL Leag of Cities educational DVD please stop by my office and get a copy (I only have 3). We contemplated showing the video at the City Council meeting but have reconsidered. A more direct approach for the news media may simply be a news release, more specifically expressing our issues. I'm concerned that a media blitz at a meeting may come off as self-serving to the public. I will compose a news release and give it to you prior to distribution to the news media. • Oaks Plaza - this is the former Goody's location. I've probably mentioned to you about the SW 21st St right turn lane project. I have additional information to share. General Services estimates that the eventual impact fees for the project, based on the current site plan will be approx $100,338 of which the City will only reap about $9,000. I've attached a site plan and an est of costs associated with a right hand turn lane in that location, as prepared by Steve Dobbs. The developer is receptive to the property contribution but wants some assurances on construction and limitation on any other obligations. I need to discuss this matter further with each of you. • Holmes Cabinet Contract amendment - I've added to the Agenda a contract modification for the Holmes's to give them more time to comply with the original contract provisions for building purposes. • SFWMD water shortage workshop - Lake Okeechobee is experiencing a 27.73-inch 2-year rainfall deficit*.. potentially the driest since 1932. Chief Smith, Lt Hagan and I attended a water shortage meeting on Thurs, 1/10/08. The Phase III shortage restrictions are to be in effect Jan 15tn and will have some new restrictions including that those that are on WELLS WILL BE SUBJECT TO THE SAME RESTRICTION AS SUFACE WATER SOURCE. I will copy the power point notes from the meeting and include in the packets. • Fire Union negotiation - Attached please find the latest information on the Union. I anticipated placing this matter on the Agenda, but need to do a little more research priorto. • Storm sewer master plan — If you haven't picked up the copy of the Storm Swr study (2 books) they are still at City Hall in the copier room on the table below your in/out box. Again, I've asked Eng. Bill Mathers to provide a written memo w/ his observations. • Sign Ordinance (#994) - Workshop set for Jan 22"d at 6:OOPM • Billboard dispute - The City Council denied the Land Use change last meeting. Centennial Builders filed in Circuit Court for damages associated with not being allowed to construct a 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 been responsive. • Royal Concrete project —At the 1012 (closed session) Atty Cook was instructed to advise all parties involved with the mediation that we proceed to the Hearing process and let The chips fall where they may'. Nothing new at this time. Page 2 • Lake Okeechobee 'Decision Makers Forum' - I plan on attending the forum on 1/17/08 in Belle Glade dedicated primarily to Lake management. • Martin Luther King, Jr. Dam - Jan 21st, City Hall closed Unfinished - older, reiterated business: • Use Commerce Park property for Citygarage use - I've advised DPWks Robertson to clean up the garage grounds area and clean up an area in the north side of Lot 15, Commerce Park to store our 'junk'. • School Concurrence element to the City's Comp Plan — Met at the Freshman Campus auditorium on &27 to review this. l anticipate waiting until the School submits their plan to the DCA for approval prior to the City's Comp Plan amendment process. The City will be expected (probably in Feb/March) to incorporate the School Concurrency Element into our Comp Plan after the school has perfected their submittal. (LaRue concurs) • Main Street/City acquisition of CSX railroad building. Previously incl some communication w/ Main St, which revealed that Walpole's were interested in the CSX property with the idea in mind that a 'land swap' might be feasible. • Mandating underground electrical concept (see Ft Pierce Ord) Other Issues by Dept: Engineering: • NE/NW 9th St & 441 traffic signal — FDOT agreed to conduct another traffic study this February. • Discuss new building elevation requirements — There was some discussion about this in connection with the Storm water plan relating to local Code modifications. Discussed at 2120107 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 of noise, traffic, drain ase and utilities on surrounding properties, and avoid unnecessary impervious surface cover. • DOT bypass discussion — Nothing new to report. Finance: • Activity report attached. • Audit 2006-2007 - as mentioned the field work was completed and now the auditors are awaiting the pension information supplied by OUA, as a component unit of the City's financials. • Gas Tax proportionate share — Have begun a dialog with the County for coming year Fire: • Medical Director— As EMT's the Fire Dept is required to have a Medical Director to more or less 'vouch' for our employees, according to FL Statute. Until now the City has more or less been under the auspices of the County, but effective Jan 1st that option is no longer available to us. The Hospital ER Dept Head has expressed that we need to pay on an employee basis and the Chief is negotiating that cost. Nothing new to report. Page 3 Brantley Code issues - Have asked Code Enf to take pictures and start compliance action ... all over again, as far as I'm concerned... ascertain timelines etc. Property is slowly being cleaned up and the Judgment was lifted due to payment of lien. Again, the 1019107 Code Board recommendation to the City Council was that no action be taken to reduce the 'civil judgment' (as requested by Brantley) until all parcels have closed (sold). Staff is to meet w/ the developers of the property on Monday, 1/14/08. I've been told unofficially that Mr Brantley has only 3 weeks left to clean up the property ... off the record and from a reliable source ... will confirm this hopefully at our Monday meeting. General Services: • Activity report is attached. Note that on the migrant housing, Betty mentions "issued paperwork on three", which simply means that only three of the seven violators have come in and picked up an application, after Code Enforcement's notice. • Migrant housing - As you know we have begun the process of abating inappropriate/illegal migrant facilities. We have ascertained that there are now 6 violators, of which one is on the 1/17/08 PB mtg requesting an exception, three that have picked up the paperwork to request exception, one that is simply vacating the property for compliance and one that has done nothing, which will face the Code Bd. • RV's in trailer Park Code violation - the latest Code issue we are pursuing is the year round parking of RV's in various trailer Parks in town. They require a special exception and we are investigating if any have done that, and which ones are in violation. • Blue Heron development (SE Contractors) — Still nothing new on this. Again, they the last proposal is a Mixed Use PUD for their Timeshare and Condo development. • Fee schedule for building permits et al —Have list of County fee structures. Reviewing those fees w/ Independent Inspectors and City Clerk has offered to conduct a lime study' as to actual costs associated w/ fee generation and arrive at fee schedule. Police: • Activity Report - for 11/14/07 to 1/1/08 957 Calls responded to incl: Arrests-82, Citations-170, Written Warnings- 217, Vehicular crashes/accidents-74 WRITTEN BUILDING CHECKS: OFFICERS LEFT 259 WRITTEN BUILDING CHECKS ON CITY BUSINESS WHICH STATE THAT THIER BUILDING WAS CHECK DURING THE NIGHT. Most of the equipment has arrived for the new patrol cars. We are waiting on a arrival date for the cars. The new CAD server has arrived and the Spillman will be here soon to start installing the equipment. We are also in the process of getting everyone set up with training dates. It will take some time but the Spillman is working very well with us at this time. • Radio Equipment — As you know, post 9111 and the hurricanes has fostered a push to develop an intra-department (State wide) communication improvement. Page 4 0 The 800 MHz system is that solution. My understanding is that inevitably, the lower bands are to be used for data transmission. Briefly, according to Asst Threewitts, the County is closer to securing a grant for purchasing the new 800MHz system, which includes funding for the City's. Last week we had a conf call w/him, the radio tech, and our staff, and reviewed our needs, costs, etc. According to a spreadsheet provided by the County, the City's portion would be $418,179, and is 80% grant funded, leaving a price tag of $63, 404. These are only est., based on some 75 units, incl mobiles, portables and desktops ... a complete renovation of our system. We are prob a few months away from hard numbers and decision -making, but clearly, the cost has always been a huge concem. Our equipment is clearly antiquated and this will be a great opportunity to update same. With the Police Dept, a computer system was top priority w/ radio update a clear second. The Fire Dept has a system that is some 30 years old. Public Works: • Commerce Park Lakes — Oscar continues to work on the grant funded lake excavation project. We've done some surveying and structure investigation w/ SFWMD. • Commerce Pk wetland and property clearing — our crew has continued to clean the north wetland and started some clearing on the north part of the property closest to Douglas Park in an effort to be able to utilize that parcel for potential storage. • Remodel prefab house at -garage property — we've gutted and put new siding on the prefabricated house. The County Christmas decorations (for 441/SR70) have found a new home w/ the County which gives us much new room for our own decorations. • Street Asphalt project - some time ago gave you a list of proposed streets. We've been refining that list and hope to move toward bidding after the first of the year. Prior to that we need to identify where we are planning on making boulevard and sidewalk improvements so that the blvd area is completed prior to applying asphalt. It seems there was this guy on vacation in the famed Florida's Okeechobee area, where he tried to buy some alligator shoes. However, he was not prepared to pay the high prices being demanded by a number of unlicensed vendors. After having failed to haggle any of them down to a reasonable price level, he ended up shouting, "I'll go and kill my own `gator'! One street vendor replied, "By all means, just watch out for those two other `Yankees' who are trying to do the same!" So he went out into the lake, and after a while saw two people with spears, standing still in the water. "They must be those two", he thought. Just at that point he noticed an alligator moving in the water towards one of them. The guy stood completely passive; even as the gator came closer and closer. Just as the beast was about to swallow him, the guy struck home with his spear and wrestled the gator up onto the beach, where several other gators already lay. Together the two threw the gator onto its back, where -upon one of them exclaimed, "Dam it! This one doesn't have any shoes either!" Page 5 l�uad �o�ces �f. � l�sso�,iates �A January 8, 2008 Mr. Brian Whitehall City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Job No.: 2007-224 , RE: Preliminary Estimate of Probably Construction Cost for Turn Lane on SW 21" Street Dear Mr. Whitehall: Per your request, below is a Preliminary Estimate of Probable Construction Costs to construct a turn lane on the south side of SW 21" Street west of Highway 441 S. Item Quantity Unit Cost Total Cost Engineering 1 LS $20,000.00 $20,000.00 Survey 1 LS - $8,000.00 $8,000.00 Mobilization 1 LS $5,000.00 $5,000.00 Silt Fence 1,000 LF $2.50 $2,500.00 Signal Upgrades 1 LS $150,000.00 $150,000.00 18" Concrete Pipe 450 LF $45.00 $34,850.00 1.25" S-1 Asphalt 500 SY $9.50 $3,380.00 8" Shell Base 520 SY $9.50 $4,940.00 12" Subgrade FBV 50 520 SY $6.50 $3,380.00 6" Sidewalk 1,600 SF $5.25 $8,400.00 Milling 950 CY $7.50 $7,125.00 E Inlet 2 EA $3,500.00 $7,000.00 MOT 25 days $1,800.00 $45,000.00 Relocate Fire Hydrant 1 LS $7,000.00 $7,000.00 Relocate Power Pole I LS $25,000.00 $25,000.00 Relocate Drainage 1 LS $40,000.00 $40,000.00 Total Required for Compliance $371,575.00 Contingency +- 25% $92,893.75 Z101W /571< 5#nt� . 5wtrgO� • G arhe( f- 34g1_7 - Aw 863467-076 - Fir 863467,Y7 Total Including Contingency $464,468.75 Should you have any questions or comments, please do not hesitate to call. Sincerely, Rudd Jones, P.E. & Associates, P.A. teven L. Dobbs, P.E. Senior Project Manager City o Okeechobee' .f SS SE 3TdAv OkeechoTee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhttehall(&,,citvofokeechobee.com *****Memorandum***** Date. January 119 200E TO: City Council FR: City Administral RE: Fire Dept Union The Union representation is seeking the following: 1. A 3-year contract that ends 9/30/2010 2. Art 13 ...Compensation. Union requests incorporating a CPI applied to `step plan' category in each yr of the 3-yr contract, including the 2.7% effective retroactively to 10/1/07. 3. Art 14 ...Annual & sick leave. We discussed at the Oct 2007 meeting about the max accumulation of Annual Leave increasing to 295 hours. 4. Art 23 ...Consolidation. The Union does not want a `contingency' on retaining/maintaining all of its employees in the event of consolidation ... they want an unadulterated guarantee that all employees will be retained. The City Atty has to address this matter. 5. Art 13 ... Compensation. Stipends added as Section 7. I'm attaching an updated stipend spreadsheet. CITY OF OKEECHOBEE 40 E100yee Payroll Stipends Study 01/11/08 January I I th, 2008 TO: City Council FR: City Administrator Below is a list of existing / potential stipends for City employees, reflecting budget impact for a 12 month fiscal year and a 9 month neriod... reflectin¢ a l/1/08 startin¢ date: Certification Type Per Month Total Employees Qualified Cost per Month Annual Cost Additional Employer Cost Total Annualized Cost 9 Months FIRE7777777777. Instructor $ 20.00 1 $ 20.00 $ 240.00 $ 18.36 $258.36 Fire Inspector $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $775.08 Driver Engineer $ 20.00 0 $ - $ - $ - USAR Team $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $775.08 Urban Search h Resc Dive Rescue $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $775.08 $ 200.00 $ 2,400.00 $ 183.60 $2,583.60 $ 1,937.70 FIRE EXISTING: (Note: Reimb by the State Firefighters Supplemental Compensation Program) Associate degree $ 50.00 1 $ 50.00 $ 600.00 $ 45.90 $645,90 Bachelor de $ 110.00 $ - $ - $ - ExbdngBudg-dAmrs $ 50.00 $ 600.00 $ 45.90 $645.90 $645.90 SubTotal-Fire Dept S 250.00 $ 3,000.00 $ 229.50 S 3,229-50 $ 2,583.60 P1BLICTi'SS . t � Herbicide application IS 20.00 1 2 IS 40.00 1 S 480.00 1 $ 36.72 IS 516.72 IS 387.54 POLICE: Breath r calibrator $ 20.00 2 $ 40.00 $ 480.00 $ 36.72 $ 516.72 Instructors examples: $ 20.00 $ - $ - $ - Firearm, Defensive tactics, $ 20.00 5 $ 100.00 $ 1,200.00 $ 91.80 $ 1,291.80 Pursuit driving, Taser $ - $ - $ - Records management $ 20.00 2 $ 40.00 $ 480.00 $ 36.72 $ 516.72 $ 90.00 9 $ 180.00 $ 2,160.00 $ 165.24 $ 2,325 24 $ 1,743.93 POLICE EXISTING: Associate degreeA120max $ 30.00 4 $ 120.00 $ 1,440.00 $ 110.16 $ 1,550.16 Bachelor de ee-$120max $ 80.00 4 $ 320.00 $ 3,840.00 $ 293.76 $ 4,133.76 Career Dev Adv-$120max $ 20.00 12 $ 240.00 $ 2,880.00 $ 220.32 $ 3,100.32 Exisn6.gBudge1edA,ntc $ 680.00 $ 8,160.00 $ 624.24 $ 8,784.24 $ 8,784.24 Sub Total Police Dept S 860.00 tS 10,320.00 1 $ 789.48 S 11,109.48 $ 10,528.17 CITYHALL Records management $ 20.00- Certified Municipal Clk $ 20.00 1 $ 20.00 $ 240.00 $ 18.36 $ 258.36 Master Municipal Clk $ 20.00 $ - $ - $ - $ - Business Tax Certificatn $ 20.00 1 $ 20.00 $ 240.00 $ 18.36 $ 258.36 Accr.Assoc Procurement $ 20.00 $ - $ - $ - $ - Cert. Procurement Mngr. $ 20.00 $ - $ - $ - $ - Secretarial Dev Certificate $ 20.00 $ 20.00 1 $ 240.00 1 $ 18.36 1 $ 258.36 Sub Total General Staff IS 60.00 1 $ 720.00 1 $ 55.08 1 $ 775.08 $ 58131 ALL DEP7S unless indicated above , Associate's de $ 30.00 1 $ 30.00 $ 360.00 $ 27.54 $ 387.54 Bachelor's degree $ 80.00 $ - $ - $ - $ - Spanish fluent $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $ 775.08 Sub Total Other $ 90.00 S 1,080.00 $ 82.62 $ 1,162.62 $ 871.97 Cost if im lemented 10/1 $ 1,100.00 $ 13,200.00 $ 1,009.80 $ 16,793.40 $ 14,952.59 Budgeted Amount 2008 $ 730.00 $ 8,760.00 $ 670.14 $ 9,430.14 $ 9,430.14 Cost Difference $ 370.00 $ 4,440.00 $ 339.66 $ 7.363.26 $ 5,522.45 City of Okeechobee* SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-I686 email. bhieehall(i�rityofokeechobee.com * * * * *Memorandum * * * * * Date: Jan 1108 TO: Atty Cook "I.I� FR: City RE: Union Contract As we discussed, there's a provision in the Union Contract that has caused some heartburn that I need your direction on: Article 23 Consolidation of Departments Section 1 — Should City and County Governments seek consolidation of the departments all union employees shall be maintained as employees. Our discussion at the Council meeting involved incorporating `subject to negotiation with the County'. Of course that verbiage is unacceptable to the Union. Please advise if you perceive that there is a compromise in this matter. MEMO 0 0 January Wh, 2008 To: Brain Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, January Business Tax Receipts Based on our tracking of applications for we have seen a slight increase in new applicants. Submittal of new Business Tax applications received: Months # of A 1's Quarter #'s December 10 November 7 October 7 24 September 5 August 10 July 7 22 June 5 May 6 April 7 18 Kim is uploading the application on our website for easy access. Also, if you haven't looked at the BTR page, Kim has listed quite a few helpful sites for new businesses to review to obtain information regarding state and federal regulations, trying to make the process as user friendly as we can. Community Involvement and Promotion: Our Christmas gathering at lunch was a success with xx of our city family attending. Decorations are coming down and being stored for another year. As discussed, we will look at using some of the budgeted funds to assure electrical issues are minimal for next year and then continue with the yearly purchase of replacement decorations. Budaet & Finances 0 0 The LCIR published the latest DOR Revenue Estimates for %2 cent Sales Tax and Municipal Share Revenue Tax estimating a decrease. Based on the initial 2008 LCIR in there is a decrease both of the categories which effect us. 3% or $11,992 for the % cent tax and less than .01 % or $996 in the Municipal sharing category. Our Budgeted amounts for 2008 were decreased even more that the previous estimates and I believe our budget will hold without a shortfall in these specific revenue items. (attached is the previous chart forward with the actual numbers). The Property Tax Reform proposal will be on the Jan. 29t' ballot for voters approval or disapproval. Education of the citizens either reading the ballot ahead of time or viewing it on the Election website would be of help to assist in informing voters. 2007 Audit: Our auditors are basically waiting on the Pension reports. I have been in constant contact with Janet at OUA regarding time frames etc. The Pension auditor has already completed their field work at the pension office and through me, they are also waiting on the Actuary for the 3 pensions before they can go further. We are still ahead of last years timing in re: our audit so I fell confident we should be able to present to council if not February but March. SBA & Banking As mentioned we successfully withdrew the maximum allowable amount from the SBA pool without paying a 2% penalty on our money. Continuing to closely monitor the status of the pool and our investments. All of our SunTrust accounts are Municipal Now accounts which generate an interest rate of the Federal Reserve less .25 (adjusted each Wednesday). The Advisory Council of the pool continues to meet to review investments and communicate with all depositors of the pool to bolster confidence in the pool. Dec. 21, Fund A of the Pool was rated by Standards & Pool a AAA rating, which was one of the goals of the fund and requirements by depositors be accomplished as soon as possible. SBA Accounts as of 12/31/2007: General Fund: $2,443,204.78 Public Facilities $ 884,006,23 Balances in each Checking Account are as follows as of 01 /08/2008: General Fund: $4,533,203.40 Payroll: $ 1,328.59 Public Facilities $1,154,928.76 Capitol Projects $ 636,627.43 CDBG $ 342,686.79 Betty J. Clement • Weeks of: Amber 16, 2007 through General Services Coordinator December 14, 2007 Activity Sheet Building Department - Independent Inspections, Ltd. X Received confirmation that Independent Inspections is about ready to pull the trigger on the new forms. Will keep you updated. X Permit ready for pick up for State Farm Office Building. Issuing our first impact fees. As of this writing they have not picked up their. permit. We are waiting on the notice of commencement. X Ray is back from vacation and has resumed the building official responsibilities. X Issued 19 permits in this time period. X We have 12 outstanding BTRs at the present time, Ray and John Daum are working on the inspections required. Zoning/Land Use/Special ExceptionsNariances - The December 20th Planning Board Meeting will hear 2 Special Exceptions, one 07-008-SE for Lidio Benitez -Chavez for a guest house ref. Sec. 90-103 (3) of the City Code Book. He has turned his garage into an apartment for his daughter at 1001 SW 3ro St. This property is zoned RSF-1 with future land use of SF. The second special exception 07-009-SE is for Rich Sampson, Tom Elmore property owner, for a mechanical and repair service. This property is located at 415 NE Park Street. This property is zoned CHV with future land use of C. A special exception was recently applied for and approved for Park Radial Tire, which never opened, therefore rendering the special exception null and void. City Council also granted a 20% reduction in parking tied solely to the previous owner. Technical Review Committee — The December TRC meeting for site plan review for Casa Bella, development of 37 townhouses to be developed in a single phase on 3.71 acres, located between NW 10th Street and NW 11 th Street, west of NW 5th Avenue, NW of Okeechobee. The applicant is Fosler LLC, Randy Simier, manager, Rudd Jones engineer for the project. Still waiting on the pre -application plat review to be submitted by Park Street Business Center for property located across from the Post Office. General Services — Working with Fred on Code issues as needed. As mentioned in the last activity report, the migrant facility issues are being addressed. The City has issued paper work for three of the migrant facilities. As of this date, only one as been submitted for processing. Working with Steve Dobbs on final requirements for Southern Trace Development. Still waiting for the confirmation letter from DCA on the approval of the small scale land use application. Spoke with Mr. Dobbs concerning the developers agreement and he is going to have Mr. Irving Haas call John to get the ball rolling. Bill Brisson and I have reviewed the current application for rezoning, special exceptions and variances. The new form is posted on the web site so applicants can download and or come to the office to receive. Worked with Kim on the float for the Christmas Parade. Would like to have a City family float decorating party next year and invite the City workers and their families to participate in the decorating, maybe with a small bond fire for roasting marshmallows, and hot chocolate. Just an idea. Kite properties representing the Hampton Inn had a meeting with the City regarding the height requirements of the stairwells for the motel. They will be submitting a variance request for the 10 feet above the allowed 45 foot height requirement. Also will be receiving land use change and rezoning for the parcel of land to the south of the existing Visiting Nurses Association. They are planning an assisted living facility with approximately 30 apartments containing one bedroom. The property is currently zoned multi -family with future land use of single family. The parcel next to the VNA is zoned commercial professional office, this is the zoning district the Planning Board is recommending to City Council for special exception use for ALF. Temporary Use Permits — One Temporary Use Permit at this time for a yard sale at the Seacoast Bank for Theta Omicrom sorority for January 26, 2008. Bids — No bids at this time. Roadway Improvements forthcoming. Public Works Department — Assisting Donnie as necessary with payables, a -mails and faxes.