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2008-09-16168 -OF'OkfiFC CITY OF OKEECHOBEE 0 t, m SEPTEMBER 16, 2008 REGULAR CITY COUNCIL MEETING AND FIRST BUDGET PUBLIC HEARING SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE I. CALL TO ORDER - Mayor: September 16, 2008, City Council Regular Meeting; 5:01 p.m II. OPENING CEREMONIES: Invocation given by Pastor Loy Mershimer of the Presbyterian Church; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Skip Eddings with a Five Year Certificate of Service. B. Present Jeanna Lanier with a Five Year Certificate of Service. Mayor Kirk called the Regular City Council Meeting to order on September 16, 2008 at 5:01 p.m. The invocation was offered by Pastor Mershimer of the Presbyterian Church; 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 Present Present Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor Mr. Skip Eddings for his five years of service with the City's Police Department. Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor Ms. Jeanna Lanierfor her five years of service with the City's Police Department. SEPTEMBER 16, 2008 -REGULAR MEETING & FIRST BUDGET PUBLIC HEARING -PAGE 2 OF J 6 9 1 AGENDA `` III:` CO[JNCIL ACTION DISCUSSION VOTE . ; II V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 2, 2008 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2008 Warrant Registers: Public Facility Improvement Fund .......... $456,089.21 General Fund ................ . ........ $311,199.98 Capital Improvement Projects Fund - Vehicles . $18,000.00 Capital Improvements Project Fund .......... $1,430.19 VII. AGENDA - Mayor. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the September 2, 2008 Regular Meeting; seconded by Council Member Watford. 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 August 2008 Warrant Register in the amounts: Public Facility Improvement Fund, four hundred fifty-six thousand, eighty-nine dollars and twenty-one cents ($456,089.21); General Fund, three hundred eleven thousand, one hundred ninety-nine dollars and ninety-eight cents ($311,199.98); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Capital Improvements Project Fund, one thousand four -hundred thirty dollars and nineteen cents ($1,430.19); 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 111 Mayor Kirk asked whether there were any requests forthe additions, deferrals orwithdrawal of items on today's agenda? There today's agenda. 111 were none. Vill. OPEN THE COMMUNITY DEVELOPMENT BLOCK GRANT MAYOR KIRK OPENED THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING AT 5:08 P.M. PUBLIC HEARING - Mayor. Council Member L. Williams moved to adopt proposed Resolution No. 08-08, Fiscal Year 2008 Local Housing Assistance Plan A. 1. Motion to adopt proposed Resolution No. 08-08, Fiscal for the CDBG; seconded by Council Member Watford. Year 2008 Local Housing Assistance Plan for the CDBG - Nancy Phillips (Exhibit 1). 11 2. Public comments and discussion. Mayor Kirk read proposed Resolution No. 08-08 by title only as follows: "A RESOLUTION OF THE CITY OFOKEECHOBEE, ADOPTING FISCAL YEAR 2008 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITYDEVELOPMENT BLOCK GRANT PROGRAM, PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 170 SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 3 OF 11 Vill. CDBG PUBLIC HEARING CONTINUED. A. 2. Public comments and discussion continued for proposed City Grant Consultant, Nancy Phillips addressed the Council regarding the Local Housing Assistance Plan being considered Resolution No. 08-08. for adoption. The Department of Community Affairs requires that each local government agency adopt a local housing assistance plan that outlines how the local housing program is administered. She reviewed highlights of the plan such as selection of applicants to be served, the limit on the amount of change orders the City Administrator can approve, the requirements for lead -based paint and the selection of contractors. The plan can be changed should we find some of the requirements are not working. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council Member Watford asked what the purpose of the Task Force meeting was that was held several weeks ago. Ms. Phillips explained the purpose was to endorse the application to the City Council. Should the City be awarded the grant, the Task Force will be involved and meeting more often. Administrator Whitehall responded to a question by Council Member Watford that yes, the City could meet the requirements of the proposed plan and he did not see any adverse requirements. 3. Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD -YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. Motion to adopt proposed Resolution No. 08-09, authorizing Council Member L. Williams moved to adopt proposed Resolution No. 08-09, authorizing the filing of Florida Small Cities CDBG, the filing of Florida Small Cities CDBG, Housing Application Housing Application; seconded by Council Member Markham. - Nancy Phillips (Exhibit 2). i r; 2. Public comments and discussion. Council Member Watford read proposed Resolution No. 08-09 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2008 FLORIDA SMALL I CITIES COMMUNITYDEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND I' COMMENT; PROVIDING FOR SEVERABIL1TY, PROVIDING FOR AN EFFECTIVE DATE." ij Ms. Phillips addressed the Council by explaining this is the second required public hearing to discuss the City's Fiscal Year 2008'' CDBG Housing Category application. The application will be submitted by September 29, 2008 and the City is eligible to receive up to $700,000.00 of CDBG funds. The budget for the application will be $560,000.00 for Housing Rehabilitation; $35,000 for Temporary Relocation; and $105,000.00 for Administration. The application is written to rehabilitate at least ten homes, using $59,500 per house. The Temporary Relocation portion covers rent payments should residences have to be relocated while their home is being renovated and rent for any type of storage facility that might be needed to temporarily store their belongings. SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 4 OF 11 171 P 1 VIII. CDBG PUBLIC HEARING CONTINUED. B. 2. Public comments and discussion continued for proposed Resolution No. 08-09. 3. Vote on motion. CLOSE THE CDBG PUBLIC HEARING - Mayor. IX. PUBLIC HEARING DELAYED UNTIL 6:00 P.M. X. NEW BUSINESS. A. Conduct a Fair Housing Presentation for Elected Officials and the General Public pertaining to the Fiscal Year 2008 Community Development Block Grant - Nancy Phillips. The City received 20 points due to the County graciously earmarking $100,000.00 worth of SHIP funds over the next two years. This made a big difference in the application and the City is very appreciative of this. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council asked several questions regarding the feasibility of the application, due to ones that the City did not get awarded in the past. Ms. Phillips highlighted the increased pointvalue due to the County's designation of SHIP funds. The Citywill not know how many applicants they will receive until the advertisements are sent out. However, she was very positive that they would get at least the minimum needed. She also answered that past applicants could re -apply as well. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE CDBG PUBLIC HEARING AT 5:25 P.M. MOTION CARRIED. Mayor Kirk advised that due to the change in time for the Council meetings, as it is combined with the first Budget Public Hearing, he was concerned that not everyone understood the final public hearing for Ordinance No. 1026 was to be at 5:01 rather than the normal 6:00 p.m. He announced that he would postpone opening the public hearing until 6:00 p.m. and apologized to those present for any inconvenience it may cause. Ms. Phillips explained to the Council that one of the requirements of a housing category CDBG was to hold a presentation regarding fair housing. This was also advertised in the portion of the public hearing notice. She went on to explain that fair housing is a right to choose where you want to live without discrimination. No one can discriminate who they sell or rent to based on similar income level, race, color, religion, sex, national origin, handicap or familiar status. Discrimination is generally not blatant. Should someone feel they have been discriminated against, the City has forms which they can make formal complaints to the State. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council questioned what similar income level was and she answered that should a family of moderate income want to move into any area that was mostly populated with families of low income levels, you cannot discourage them to move into that area. The Mayor and Council thanked Ms. Phillips for her information and time. 172 SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 5 OF 11 II _ AGENDA COUNCIL ACTION'- DISC U3310N -VOTE lI X. NEW BUSINESS CONTINUED. B. Quarterly Report presented by Main Street - Maureen Burroughs (Exhibit 4). Okeechobee Main Street, President Maureen Burroughs, presented a quarterly report. What Have We Done? Hired a new Executive Director, Toni Doyle. Submitted state quarterly reports for 2008 second quarter. Professional service volunteer hours of 130 equals $3,500.00. Non-professional service volunteer hours of 1175 equals $7,226.25. Awarded a $5,000.00 grant from Waste Management and $10,000.00 from local nurseries for trees. Completed and dedicated our 3`d mural project on the Embarq building. Submitted Historic Preservation ordinance to the City for review and approval. Received the 2008 National Main Street Program accreditation. "Way" finding signs have arrived and we are working with the City and DOT on permits and installation. She also had one of the signs with her to show the Council. Successful 2"d Annual National Day of the American Cowboy event. Created the weekly main street clipboard which provides information to our members on various events in town. Developed corporate membership levels for our business members which provide annual sponsorships to all of our events. Increased membership by 48 (32 businesses and 16 friends of OKMS). Joined the Florida Research Coast Economic Council. Developed a plan to execute the existing County Economic Development Plan. Economic Re -structuring Committee is developing the following plans: Marketing and inventory resource. Membership and funding. Developing job recruitment. Continuing negotiations with the City, CSX and Amtrak on the train depot acquisition and restoration. Partnering with Florida Blood Centers - sponsored two blood drives in Okeechobee and collected 103 pints of blood. The third one is scheduled for November 14-15. What's Next? Partnering with OCCA for the Labor Day Rodeo. Partnering with the Friend of the Battlefield for the upcoming re- enactment. Partnering with the County Fair Association. Preparing for the Halloween event at the Agri -Civic Center. Partnering with Accardi-Milrot Jeep, Dodge & Chrysler in the development of a marketing plan to reward people to "Shop in Okeechobee." Complete the adopt a median program and present to the BOCC and City Council for approval. 7`h Annual Top of the Lake BBQ Affair on January 23-24, 2009 at the Agri -Civic Center. 3`d Annual Top of the Lake Art Fest on February 28 through March 1, 2009 in Flagler Park. A copy of the detail budget report from October 2007 through July 2008 was also attached. Mrs. Burroughs distributed a copy of a letter she received from Elbert Batton, President of Lake View Builders outlining his findings after an inspection of the train depot. "This building can be restored to its original beauty and luster. At this time, I am seeking out an architect and structural engineer to do a more thorough examination of the structure including the roof before work begins. I am also exploring the possibility of gaining additional support from subcontractors who may be willing to donate time and/or material to this project." The Mayor and Council thanked Mrs. Burroughs for her updates. C. Motion to approve the purchase of a software upgrade to Council Member Markham moved to approve the purchase of a software upgrade to the Laser Fiche/Records Management the Laser Fiche/Records Management System from System from Municipal Code Corporation in the amount of sixteen thousand, four hundred seventy-five dollars ($16,475.00); Municipal Code Corporation in the amount of $16,475.00 - seconded by Council Member Watford. City Clerk (Exhibit 5). SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 6 OF 11 178 1 X. NEW BUSINESS CONTINUED. C. Motion to approve the purchase of a software upgrade to VOTE the Laser Fiche/Records Management System continued. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. XI. OPEN THE FIRST BUDGET PUBLIC HEARING - Mayor. MAYOR KIRK OPENED THE FIRST BUDGET PUBLIC HEARING AT 5:46 P.M. A. Mayor to announce that the purpose of the public hearing is Mayor Kirk announced that the purpose of this public hearing is to consider the first reading of ordinances for the proposed to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for Fiscal Year 2008-2009. millage rate levy and proposed budget for Fiscal Year 2008- 2009. B. Mayor to announce that the proposed millage rate levy Mayor Kirk announced that the proposed millage rate levy represents 3.45 percent less than the roll -back rate computed represents 3.45 percent less than the roll -back rate pursuant to F.S. 200.065(1). computed pursuant to F.S. 200.065(1). C.1. a) Motion to read by title only, and set September 30, 2008 at Council Member Watford moved to read by title only, and set September 30, 2008 at 5:01 p.m. as the final public hearing date 5:01 p.m. as the final public hearing date for proposed for proposed Ordinance No. 1027, levying a millage rate of 6.7432 for the General Fund Budget; seconded by Council Member Ordinance No. 1027, levying a millage rate of 6.7432 for the C. Williams. General Fund Budget - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set the public VOTE hearing date. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance NO. 1027 by title Attorney Cook ready proposed Ordinance NO. 1027 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE only. WHICH RATE /S SET ONALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY, THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 3.45 PERCENT (3.45%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance Council Member Markham moved to approve the first reading of proposed Ordinance No. 1027; seconded by Council Member No. 1027. L. Williams. 174 SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 7 OF 11 XI. FIRST BUDGET PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion. c) Re -computation of millage rate (if required). d) Vote on motion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council briefly reviewed the millage rate. Council Member Watford again stated his suggestion to lower the millage rate further. Re -computation of the milage rate was not necessary. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only, and set September 30, 2008 as Council Member Watford moved to read by title only, and set September 30, 2008 at 5:01 p.m. as the final public hearing date the final public hearing date for proposed Ordinance No. for proposed Ordinance No. 1028, establishing revenues and expenditures of all City Funds for Fiscal Year 2008-2009; 1028, establishing revenues and expenditures of all City seconded by Council Member L. Williams. Funds for Fiscal Year 2008-2009 - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set the public VOTE hearing date. III KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1028 by title Attorney Cook read proposed Ordinance No. 1028 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL only. BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $5,447,977.00 AND EXPENDITURES OF $5,447,945.00, TRANSFER -IN $337,929.00; TRANSFER OUT $78,000.00, LEAVING A FUND BALANCE OF $9,492,815.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $965,418.00 AND EXPENDITURES OF $565,968.00, TRANSFER OUT $337, 929.00, LEAVING A FUND BALANCE OF $61,521.00; CAPITAL PROJECTS IMPROVEMENTS FUND REVENUES OF$734,750.00ANDEXPENDITURES OF$60,000.00, TRANSFER OUT $600.00, LEAVING A FUND BALANCE OF $674,150.00, CAPITAL PROJECTS -VEHICLES FUND REVENUES OF $888,833.00 AND EXPENDITURES OF $881,251.00, TRANSFER IN $78,000.00, LEAVING A FUND BALANCE OF $85,582.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $3,137.00 AND EXPENDITURES OF $0.00, LEAVING A FUND BALANCE OF $3,137.00, PROVIDING AN EFFECTIVE DATE." 2. a). Motion to approve the first reading of proposed Ordinance III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1028; seconded by Council Member No. 1028. L. Williams. SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 8 OF 11 XI. FIRST BUDGET PUBLIC HEARING CONTINUED. D. 2. b) Public comments and discussion. c) Vote on motion. CLOSE FIRST BUDGET PUBLIC HEARING - Mayor. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council asked for clarification of some items listed under the Capital Improvements and Projects. The Water Supply Study is a state mandate that is in conjunction with the School Concurrency mandate. The Emergency Vehicle Purchase (Hybrid SUV), the term hybrid is meant only as "green" not that the City is specifically going to purchase a hybrid, especially in the light of current research regarding hybrids. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE FIRST BUDGET PUBLIC HEARING AT 6:58 P.M. WATFORD - YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:02 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1026, Council Member Watford moved to read by title only, proposed Ordinance No. 1026, Street and Alley Closing Application No. Street and Alley Closing Application No. 91, submitted by 91, submitted by First Baptist Church, East to West Alleyway of Block 186, Southwest 5th Street between Southwest V and 4th First Baptist Church, East to West Alleyway of Block 186, Avenues and Southwest 4`h Avenue between 4th and 5"' Streets, City of Okeechobee; seconded by Council Member C. Williams. Southwest 5' Street between Southwest 3' and 4' Avenues and Southwest 4th Avenue between 4th and 5'h Streets, City of Okeechobee - City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1026 by title Attorney Cook read proposed Ordinance No. 1026 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND only. ABANDONING THEALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS-OF-WAYAS DESCRIBED HEREIN, EAST TO WEST ALLEYWAY WITHIN BLOCK 186, CITY OF OKEECHOBEE, AND A PORTION OF SOUTHWEST 5T" STREET AND SOUTHWEST 4T" AVENUE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITYITS SUCCESSORSANDASSIGNS, A NONEXCLUSIVEEASEMENT FOR PUBLIC UTILITIES PURPOSES; 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." 1 7 ('0 SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 9 of 11 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No.1026. 111 Council Member Markham moved to adopt proposed Ordinance No.1026; seconded by Council Member C. Williams. b) Public comments and discussion. The purpose of the request is to join properties for future construction of a sanctuary, educational buildings, offices and parking. The utility companies are requiring easements. City Engineer Bermudez objects to the alley, street and right-of-ways closing, due to the severe drain��.,and thehusyness-ofthe streets-reQuested. The-C , which was provided and distributed at the meeting. The research consisted of specific areas of the LDR's that the applicant could not meet without the streets and alleyways being closed; and other streets that were closed which created a "dead-end." Mayor Kirk asked whether there were any comments or questions from the public? Mr. Steve Dobbs, Project Engineer, addressed the Council briefly by responding to a request from Council Member Watford as to whether a cul-de-sac could be constructed at the area where the dead-end is created. This can be accomplished and the applicant has agreed to that stipulation, and he confirmed with Attorney Cook that the matter could be handled through a perpetual easement. Council Member Markham noted his appreciation to the applicant for agreeing to the cul-de-sac. He and Council Member Watford also questioned how soon Southwest 4" Avenue would be blocked to thru-traffic and whether it could remain open as long as possible. Once the City adopts the ordinance, it is recorded in the official County Records. A copy is sentto the applicant and it is their responsibility to provide the legal description to their property and liability insurance company as soon as possible, since the liability of the street is no longer the City's. Council Member L. Williams also thanked the applicant for agreeing to provide the cul-de-sac. However, she was still not in favor of closing the street. Mr. Eric Myers agreed with Council Member L. Williams comments and spoke against the street closings. Pastor Huckabee addressed the Council by stating he wanted to clear up the perception that the street and alley closings were only to benefit First Baptist Church. In looking at the events calendar over the last few months, and in the coming months, there are over 25 different organizations that use the facilities at the Church. The expansion of the facilities is not just for the church but for the entire community. Council Member Watford stated his difficulty regarding the street closings, he was appreciative to the applicant for how they have handled this situation. He personally has struggled with the decision. There are several factors that had to be considered. One, we all have an attachment to the First Baptist Church building, whether we are members or not, by either attending weddings, funerals or other special occasions that have been held over the last fifty years. It is somewhat of a landmark. He has also received calls regarding the possible demolition of the current church building. However, that decision is for the church members to make, not the Council, nor should it influence their decision regarding the street and alley closings. The church has been and continues to be a big part of the community. 1 1 SEPTEMBER 16, 2008 - REGULAR MEETING He FIRST BUDGET PUBLIC HEARING - PAGE 10 OF 11 07 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. COUNCIL #k JVN.-DISCUSSION =VOTE The second factor to consider is, the church is growing, and needs the property in order to stay within the City. We (the City), unfortunately do not have large parcels of land that can be purchased to develop. Closing the streets to join several of their parcels, makes sense so they can remain at the same location. The City has voted in the past to close streets and alleys to adjoin properties for other developers. A third factor is the proximity of the Freshman Campus to the property, which keeps Southwest 4t' Avenue from continuing further South past 6"' Street. The final factor was whether this was a good thing for the City, he believes that it is, he does not advocate closing streets. However, he believed this application has merit. Council Member Markham added that he has been a member of the church for 62 years. He remembers moving from the "old" sanctuary to the new one, that they are currently using. The change was difficult. At first he was not open to this new proposed sanctuary. However, the memory is always there of the times in both buildings. Recently he was researching streets that have been closed within the City. Although we do not like approving them, there are times when they are necessary. The discussion ensued, Council Member Watford moved to amend proposed Ordinance No. 1026_by adding the requirement of a cul-de-sac at the north, dead-end created area of Southwest 4tn Avenue, with the Technical Review Committee approval for the requirements; that a reverter clause be added, with a 24 month time period and the understanding that extensions can be requested; that the Church workwith the City to keep Southwest 4u, Avenue open until it is needed for the project; seconded by Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - NO MOTION CARRIED TO AMEND. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - NO MOTION CARRIED AS AMENDED. CLOSE PUBLIC HEARING - Mayor. III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:44 P.M. 178 SEPTEMBER 16, 2008 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 11 OF 11 XII. ADJOURN MEETING - Mayor. III THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:45 P.M. 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. ATTEST: James E. Kirk, Mayor Lane amiotea, CMC, City Clerk AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a City Council & First Budget Public Hearing Meeting 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 09/11/2008 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. A. Hughes, Jr., Sworn to and subscribed before me �f this /Ilii�.. day of Xd"Az'v J A.D. 2008 NOTARY PLTBLIC-STATE OF FLORMA Rosealee A. Brennan Commission #DD766393 Expires: JUKE 25, 2012 BONDED THRU ATLANTIC BONDING CO., INC. CITY COUNCILAND FIRST BUDGET PUBLIC BEARING MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session and First Budget Public Hearing on Tuesday, September 16, 2008, 5:01 p.m. at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee; Florida. The public is invited and encouraged to attend. A copy of the agenda will be available on our website at www+citvofokee cbobee.comor contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with re- spect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpos of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing 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 hearing or voice impaired, call TDD 1-800-955-8770 (voice) or 1-800-955-8771 MY). by: James E. Kirk, Mayor Lane Cramiotea, CMC, City Clerk Publish: 09/112008 Okeechobee Times :7 Page 1 of 8 CITY OF OKEECHOBEE - SEPTEMBER 16, 2008 - REGULAR CITY COUNCIL MEETING & FIRST BUDGET PUBLIC HEARING - HANDWRITTEN MINUTES BY Lane Gamiotea CALL TO ORDER - Mayor Kirk September 16, 2008 at p.m. II. OPENING CEREMONIES: Invocation given by Pastor Loy Mershirer of the Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, 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 Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Skip Eddings with a Five Year Certificate of Service. Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor Mr. Skip Eddings for his five years of service with the City's Police Department. B. Present Jeanna Lanier with a Five Year Certificate of Service. Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor Ms. Jeanna Lanier for her five years of service with the City's Police Department. V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for a 2, 2008 Regular Meeting and Budget Workshop; seconded by Council Member )eptember . There was no discussion on this item. VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS v �— MOTIO CA�RRf� ED/ NIED. : 0 • Page 2 of 8 VI. WARRANT REGIST -City Administrator. A. Council Member oved to approved the August 2008 Warrant Register in the amounts: Public Facility Improvement Fund, four hundred fifty-six thousand, eighty-nine dollars and twenty-one cents ($456,089.21); General Fund, three hundred eleven thousand, one hundred ninety-nine dollars and ninety-eight cents ($311,199.98); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Capital Improvements Project Fund, one thousand four hundred thirtydollars and nineteen cents ($1,430.19); seconded by Council Member VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS t/ MOTI ARRI ENIED. VII. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda.Q VIII. MAYOR KIRK OPENED THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING AT 5 : A P.M. A.1. a) Council Member moved to adopt proposed Resolution No. 08-08, Fiscal Year 2008 Local Housing Assistance Ian for the CDBG - Nancy Phillips (Exhibit 1); seconded by Council Member b) Public comments and discussion. /n 42 fC IC ht aCL �z _ (al ICI ou1� "A RESOLUTION OF THE CITY OF OK ECHOBEE, ADOPTING FISCAL YEAR 2008 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." c Itq/Lt kip Q L q U� G't 6t_& t_w �7 "%tj Cow A(0,4t C011 ()4aV�C� �� soxf c) Vote on motion. YEA NO ABSENT ABSTAINED KIRK v MARKHAM WATFORD C. WILLIAMS v L. WILLIAMS v MOTI : CARRIE DENIED. Page 3 of 8 B.1. a) Council Member � moved to adopt proposed Resolution No. 08-09, authorizing the filing of Florida Sm II Cities CDBG , Housing Application - Nancy Phillips (Exhibit 2); seconded by Council Member b) Public comments and discussion. "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2008 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITYAFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." "et ohetcted 16 k.�)d cos(5 �0 hoc�Q c��i!s �3 -i�i AoS�aC'�u� c� /.,P ap a (1 o-17 0), CIO awe C� no w cc � {� �� n,,eA biid ('V'/w&ja /Vt, 0,0v a-,�t aA`6 '4) pt/ytCott am A/t, Ct�t V 0X&7 7qatu M d6 0 Jtczl 16 hmzn,�, txt4t, kcha& ,�6m> Cc.J� l�-QAS`F�-u-� C.o�-��-cso we wtcc� G�a.ue rn�e �PvuJ�uC'e� c) Vote on motion. YEA NO ABSENT ABSTAINED KIRK t/ MARKHAM WATFORD Y C. WILLIAMS L. WILLIAMS c/ MOTION A RIE DENIED. MAYOR KIRK CLOSED THE CDBG PUBLIC HEARING AT P.M. Page 4 of 8 IX. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A. 1. a) Council Member moved to read by title only, proposed Ordinance No. 1026, Street/Alley Closing Application No. 91, submitted by First Baptist Church, East to West Alleyway of Block 186, Southwest 5tn Street between Southwest V and 4tn Avenues and Southwest 41h Avenue between 4tnand to Streets, City of Okeechobee - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to ready by title only. YEA NO ABSENT ABSTAINED KIRK 17- MARKHAM WATFORD C. WILLIAMS v L. WILLIAMS MOTION(CARRIED ENIED. c) Attorney Cook read proposed Ordinance No. 1026 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS-OF-WAYAS DESCRIBED HEREIN, EAST TO WEST ALLEYWAY WITHIN BLOCK 186, CITYOF OKEECHOBEE, AND A PORTION OF SOUTHWEST 5M STREET AND SOUTHWEST 4M AVENUE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 1026; seconded by Council Member b) Public comments and discussion. The purpose of the request is to join properties for future construction of a sanctuary, educational buildings, offices and parking. The utility companies are requiring easements. City Engineer Bermudez objects to the alley, street and right-of-ways closing, due to the severe drainage problems, and the busyness of the streets requested. UT ot t" ` U k /Y c. Ut-c ✓k-�G(. r�`Gt:�' 9�0 /�u.� cam- - �L�' �.t cICOC fCui 991( do ! -M nuz.4cJ J� ve �c t o �.� c dae Ld cru-0-,b �� lk-� cc aid , W &b Itral do /J07V 0 and q 0-1 clow, af &XQ CJ a � elk d ad J6 k-t, 0 ply-w c) Vote on motion YEA NO ABSENT ABSTAINED KIRK c� MARKHAM ✓ WATFORD ✓ C. WILLIAMS ✓ L. WILLIAMS is MOTION• ARRIE /DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 0 P.M. Page 5 of 8 X. NEW BUSINESS. r �LoP A. Conduct a Fair Housing Presentation for Elected Officials and the General Public pertaining to the �Fiscal Year 2008 Community Development Block Grant - Nancy Phillips. VP tcu�x kak� wu(�LkJ" eqJ - cd u elLh sk OL k-� CAAjj w- tq /,s CA N-)-, C- �P� C}Lt oCJtz rr �f c� rt g c, ,vk, Z VA,1 Oct,, ,[ t'x aL. ftc,�:) lz, /,-'& ( (-Aav-t w%¢'� 07 n Qo, Vw Dai C C� to C r Page 6 of 8 B. Quarterly Report presented by Main Street - Maureen Burroughts (Exhibit 4). CL"A J91Q-�£ t. VU CJ,,( Cat 1PP50G_A J . �;ht� N� ?� iS-tee, ,� Cc • Cuutu.c"_L Uok . SGl o C Ply , A d r op f)ucicca.� P/4tC�' P Q Q "4A L- �5 vi c e e, d _ S ep M� 2cr� f o �� 40 . "�f b cLla.Ct'D� 1VU 3V\41 Cie C'' f(u�col� M Lo Cc»c_r�tiu,,K�4a- C. Council Member moved to approve the purchase of a software upgrade to the Laser Fiche/Records Management/System from Municipial Code Corporation int eh amount of sixteen thousand, f ur hu dred seventy-five dollars ($16,47.5.00) - City Clerk (Exhibit 5); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK � MARKHAM `" WATFORD `l� C. WILLIAMS L. WILLIAMS v MOTTO . CARRIED / ENIED. • • Page 7 of 8 Xl, MAYOR KIRK OPENED THE FIRST BUDGET PUBLIC HEARING AT J` P.M. A. Mayor Kirk announced that the purpose of the this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for Fiscal Year 2008-2009. B. Mayor Kirk announced that the proposed millage rate levy represents 3.45 percent less than the roll- back rate computed pursuant to F.S. 200.065(1). C.1. a) Council Member moved to read by title only and set September 30, 2008 at 5:01 p.m. as the final public hearing date for proposed Ordinance No. 1027, levying a millage rate of 6.7432 for the General Fund Budget - City Attorney (Exhibit 6); seconded by Council Member b) Vote on motion to read by title only and set the public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK v MARKHAM WATFORD C. WILLIAMS v L. WILLIAMS MOTION. CARRIED f ENIED. C) AttorpW r.j&- ready proposed Ordinance NO. 1027 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITYPURPOSES; THAT SAID MILLAGE RATE IS 3.45 PERCENT (3.45%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE." 2. a) Council Member r X M moved to a prove the first reading of proposed Ordinance No. 1027; seconded by Council Member o b) Public comments and discussion. LJti C -L 1 4-C,_ b _Lx. C) Re -computation of millage rate (if required). d) Vote on motion. YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD U C. WILLIAMS L. WILLIAMS MOTI . CARRIED ENIED. • .7 T Page 8 of 8 D.1. a) Council Member L) moved to read by title only and set September 30, 2008 at 5:01 p.m. as the final public hearing date for proposed Ordinance No. 1028, establishign reveneues and expenditures of all C't Funds for Fiscal Year 2008-2009 - City Attorney (Exhibit 7); seconded by Council Member b) Vote on motion to read by title only and set the public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM cl� WATFORD C. WILLIAMS L. WILLIAMS MOTIO : CARRIE ENIED. c) Attorney Cook ready proposed Ordinance NO. 1028 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $5,447,977.00 AND EXPENDITURES OF$5,447,945.00, TRANSFER -IN $337,929.00; TRANSFER OUT $78,000.00, LEAVING A FUND BALANCE OF $9,492,815.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $965,418.00 AND EXPENDITURES OF $565,968.00, TRANSFER OUT $337,929.00, LEAVING A FUND BALANCE OF$61,521.00; CAPITAL PROJECTS IMPROVEMENTS FUND REVENUES OF $734, 750.00 AND EXPENDITURES OF $60, 000.00, TRANSFER OUT $600.00, LEAVING A FUND BALANCE OF$674,150.00; CAPITAL PROJECTS -VEHICLES FUND REVENUES OF$888,833.00 AND EXPENDITURES OF $881,251.00, TRANSFER IN $78, 000.00, LEAVING A FUND BALANCE OF $85,582.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $3,137.00 AND EXPENDITURES OF $0.00, LEAVING A FUND BALANCE OF $3,137.00; PROVIDING AN EFFECTIVE DATE." 2. a) Council Member �Zffi moved to Ipprove.the first reading of proposed Ordinance No. 1028; seconded by Council Member b) Public comments and discussion. _/k_ e-" , l � � cLr, 4L o �,, _� jF S . i 0 sZwack/,e (Ac uct-1 t- LL lc Sc 112c ccb- 1'�c 1WAtUue BSc' c� t Q C �ru `��t, <,o , 7 ,y-%� CAL Ux U,c,IC� � , tiP i�ti- C �u�ic-au o� �I �' G�Lv�-� � -�-,c� � . !. y ✓�-t.cn 8 C) Vote on motion. YEA NAY ABSTAIN ABSENT KIRK MARKHAM v WATFORD C. WILLIAMS L. WILLIAMS MOTIO : ?AR;RIE`D/ENIED. MAYOR KIRK CLOSED THE FIRST BUDGET PUBLIC HEARING AT , 59 xil. MAYOR KIRK ADJOURNED THE MEETING AT P.M. 0 0 -Du-) -Bo) btAgP P14 no ad vow Wa-(�Qp, dim`%, QpR�ec�af� McL4 Y-- q6w -1-4- hx IV-e,u ?c�,u aJ— �-o ftrLe ftaao 4-D 3(cl &-Sap-- in bwv---) - L,*Cl Cv I Puu CA q 0 r L4 PC�S��°�c��h� �ti��he,„ �c;.,�! F�� - �oQIC�c� c� (�a�.�E(,at. I �Cll 6 s R SU - 'D *,cxqk-¢t, - R/ - eut 6cJ C,mss Ci,2,eo )Cocc C� t�cy�5, GL�- C��2 � Leue� l0, '�e% Pof�a C/U4- ce a�.w (.�f U.ee o �- l � f1 �u %l,�-f �� %�'f,�1Q�Ga[� Gt c� lh- � — dcq4 novxV �JaJ-60 46 cp,,& �Q�t,FC10�I� r U--Q km) U� flu &k4x hwa&I , � .e�ua o� DIES ��rc-w� ICc�j�;�.ed C��o-F, �1cw c-� D.C.' ctu baa Co- maaNN-f KN-(J� cq- pd- -;� I�CCIc�, �rtau � 0. l�P�i�.K• t�o.�( ('er�n�uc� �`�G�n, ��n& �aA QAu,i U\- \1 a NJ t 6bUJ Czd 1� o u�u�cf %FQ�. gu. �� c� 4�nc& 44 O(.u,ukcLh OLCLW�t Pv-" 4z) ono -ram- no aw 6,ts\-� � Cr-ZL, *o-+ �- 'N c,,-kcv-- ��= V�czn c��x��, Yam.- cc, c � r� ,� �^ �n l�cp �,��"� c ace . Now d hQk J76 qupg pw� A4 kcm- (a.Cq- J)oAuo laKt - Sc*- oko (,ICU -ft awvp L�D �t�;q -c�,d Lp Ova LU W3 (Al� ru��t.�l , i1� �.u-e �a a c�,�c � e c,�,iC� ty Sqcw ek cue CCe� (�n� �ece�.ci ��-�� C2�t�f CCU Cticajkj 0- f cad -alt P.4 cr ,�j� C � ��1 �G� 4uu - u�vc* �o C zi4 a-9-ot t \.- � its, C�� 4 �eqa/tC�)C-UJL" rya cl C �A�iu /9�/a �u d �?i � Cl'��c✓ cS��Lu ��'�1 � 1�1�,��LCto�- t OS /law poutb aj . �� Chi , �� i�-e c�u� U-�� Aoor� � e ��rG�� af 500 pGe� � � SI- coo � GaQ �, c acl C�[C�c� � c-� 5-a(, �PJQAJ A\u &Pz�, LuktL --- ---- ----- ---- ---- J-1 - --- ----- ------ - ---- ------ - - -------- --------- 0 0 .. R c�u r� c� �,, �j� C� .�� /coxLq vu QA mo-AA 4-t-) Nadu owo- Sa e" ox �f Ott ke vedA m PA to tLt,4 *i�tcu, L�uppo WU /Dopox ctp, Na ad I(AUAo r8e b�po Acc Yyl Co,t 4 . 4 /w- c Ci Page 1 of 8 CITY OF OKEECHOBEE - SEPTEMBER 16, 2008 - REGULAR CITY C UNCIL MEETING & FIRST BUDGET PUBLIC HEARING - HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor Kirk September 16, 2008 at J�� p.m. II. OPENING CEREMONIES: Invocation given by Pastor Loy Mershirer of the Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT ABSENT.p Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Skip Eddings with a Five Year Certificate of Service. Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor Mr. Skip Eddings for his five years of service with the City's Police Department. B. Present Jeanna Lanier with a Five Year Certificate of Service. Chit Mayor Kirk presented a certificate of Longevity Service and an engraved cross pen to honor Ms. Jeanna Lanier for her five years of service with the City's Police Department. V. MINUTES - City Clerk. A. Council Member. �, moved to dispense with the reading and approve the Summary of Council Action for the Sep ember 2, 2008 Regular Meeting and Budget Workshop; seconded by Council Member �Cct There was no discussion on this item. VOTE: YEA NO ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTIO :CARRIED/D NIED. ABSTAINED Page 2 of 8 VI. WARRANT REGIST�V, , y Administrator. A. Council Membe�"'(i 6 d�"fo approved the August 2008 Warrant Register in the amounts: Public Facility Improvement Fund, four hundred fifty-six thousand, eighty-nine dollars and twenty-one cents ($456,089.21); General Fund, three hundred eleven thousand, one hundred ninety-nine dollars and ninety-eight cents ($311,199.98); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Capital Improvements Project Fund, one thousand four hundred thirty dollars and nineteen cents ($1,430.19); seconded by Council Member Y ) ) �, VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTIOI1. CARRIE�DENIED. VII. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. VIII. MAYOR. KIRK OPENED THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING AT ,� :0, P.M. A.1. a) Council Memberyo u _ moved to adopt proposed Resolution No. 08-08, Fiscal Year 2008 Local Ho sin3 Assistance Plan for the CDBG - Nancy Phillips (Exhibit 1); seconded by Council Member b)� Public co ments and discussion. "A RESOLUTION OF THE CITY OF OKEECHOBEE, ADOPTING FISCAL YEAR 2008 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, L rW�L/t `�,�lLl<.LL/Ruin_ !4r/lLi( kltcti.tl lG [1�E. `� i_i ✓ .C�l i�i 6,% c) L. 1,IJI, �. L � { / (`1 � J - �1 L 1i14 �'n-(_ . Vote on motion. KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NO ABSENT ABSTAINED MOTION CARRIELi I DENIED. • Page 3 of 8 B.1. a) Council Member iAt,t'" moved to adopt proposed Resolution No. 08-09 authorizing the filing of Florida Small Cities CDBG , Housing Application - Nancy Phillips (Exhibit 2); seconded by Council Member IL ir>1. b) Public com;ne�nts,and dcussion. "A RESOLUTION OF • E CITY OF OKEECHOBEE, AUTHOR12 G THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2008 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITYAFFA/RS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERAB/LITY; PROVIDING FOR AN EFFECTIVE DATE." ��;•-c-c !tt r," �� 9/�9�'`�' �;�.uc. E ��z`� ,�� 1��C<<�-�-cat JV- �IC/ �" j,^-1,�� — •.(�'.l,�j la � � �-t_�'.2t Gi. Cr�_ (��'�.4._�., ��'_�u cat. - �, ,c �'�. �,� Ct e (' 1� J. - C - �',€_ l k J / Joj Y// C c) Vote on motion. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS � MOTION(A RIE4)/ DENIED. MAYOR KIRK CLOSED THE CDBG PUBLIC HEARING AT L5 = Z- P.M. 60(,W "--, ( "Jage4of 8 IX. MAYOR KIRK OPENED TH� PU LIHEARING FOR ORDINANCE ADOPTION AT P.M. A. 1. a) Council Member l , moved to read by title only, proposed Or No. 1026, Street/Alley Closing Applic 'ion No. 91, submitted by First Baptist Church, East to West Alleyway of Block 186, Southwest 51h Street between Southwest 3' and 41h Avenues and Southwest 41h Avenue between 4th and 5th Streets, City of Okeechobee - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to ready by title only. YEA NO ABSENT ABSTAINED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: RRIED / DENIED. c) Attorney Cook read proposed Ordinance No. 1026 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS -OF -WA Y AS DESCRIBED HEREIN, EAST TO WEST ALLEYWAY WITHIN BLOCK 186, C/TYOF OKEECHOBEE, AND A PORTION OF SOUTHWEST 5M STREET AND SOUTHWEST 4M AVENUE, AS RECORDED /N PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT /N AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 1026; seconded b Council Member y -a��i, b) Public comments and discussion. cLe �d �1 i rJu ti�! /Ll,f ur-✓; ✓ y The purpose of the request is to join properties for future construction of a sanctuary, educational buildings, offices and parking. The utility companies are requiring easements. City Engineer Bermudez objects to the alley, street and right-of-ways closing, due to the severe drainage problems, and the busyness of the streets requested. t- / 4c / (� �� Lr ' n •>!1' � � � � tL � Gib—%�� _ A e 'c / "[.`r c) Vote on motion YEA NO ABSENT KIRK ABSTAINED MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: CARRIED / DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. 'Wo LAIL A,; JIMAY 2zvf�_�t� 0 QiJ . ow Jt All x- c 41 kct a- a • kill ✓� �� lyt�' ri� C-Zt / x_ ✓�, f-"aid. � l y1!�lsi`L�_ '-� (_� / /Yt I,L �_1F �� %5'�1 /r / ,��' 1 1�"�� }�f' "i�� c C i i (.L%�`11C_ I C' ' 'r�� . !.''� L " , ✓ �r;�Q_��u ( `�� x: tom- ,�t�L`'� % , � c�_.,, Page 5 of 8 X. NEW BUSINESS. A. Conduct a Fair Housing Presentation for Elected Officials and the General Public pertaining to the Fiscal Year 2008 C , ommunity Development Block Grant - Nancy Phillips. qw j VO LA jji4,too , Yjc 6 r�, B. C. Page 6 of 8 Quarterly Report presented by Main Street - Maureen Burroughts (Exhibit 4). 5Y a r�/.iil ;�%1_ /a C JS i 14 � � 1 44- Council Member 'F44_k moved to approve the purchase of a softwar grade to the Laser Fiche/Records Management/System from Municipal Code Corporation i eh mount of sixteen thousand, four hundred"seventy-five dollars ($16,475.00) -City Clerk (Exhibit 5); seconded by Council Member_, � r VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTIO (-,ARRI'E)D DENIED. - -------- ------ -------- - - ------ -- - ----- - ----- - - ------- - -------- ------- - ------ f"C • • Page 7 of 8 XI. MAYOR KIRK OPENED THE FIRST BUDGET PUBLIC HEARING AT P.M. A. Mayor Kirk announced that the purpose of the this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for Fiscal Year 2008-2009. B. Mayor Kirk announced that the proposed millage rate levy represents 3.45 percent less than the roll- back rate computed pursuant to F.S. 200.065(1). C.1. a) Council Member ' I � moved to read by title only and set September 30, 2008 a0— the:01 . as the final public heari g date for proposed Ordinance No. 1027, levying a millage rate of 6.7432 for General Fund Budget - City Attorney (E h(it 61; seconded by Council Member P 0')L-, . . b) Vote on motion to read by title only and set the public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK I MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION. ARRIED / ENIED. c) /Attorney Cook ready proposed Ordinance NO. 1027 by title only as follows: "AN ORDINANCE LEVYING A M/LLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITYPURPOSES; THAT SAID M/LLAGERATEIS 3.45 PERCENT (3.45%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE." 2. a) Council Member Lrlj; move toapprove the first reading of proposed Ordinance No. 1027; seconded by Council Member b) Public comments and discussion. c) Re -computation of millage rate (if required). d) Vote on motion. YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION. RRIED)/DENIED. • • Page 8 of 8 D.1. a) Council Member moved to read by title only and set September 30, 2008 at 5:01 p.m. as the final public hear g date for proposed Ordinance No. 1028, establishign reveneues and expenditures of all Ci y Fpnds for Fiscal Year 2008-2009 -City Attorney (Exhibit 7); seconded by Council Member b) Vote on motion to read by title only and set the public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MO ION: C� DENIED. c) Attorney Cook ready proposed Ordinance NO. 1028 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $5,447, 977.00 AND EXPENDITURES OF$5,447,945.00, TRANSFER -IN $337,929.00; TRANSFER OUT $78,000.00, LEAVING A FUND BALANCE OF $9,492,815.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $965,418.00 AND EXPENDITURES OF $565,968.00, TRANSFER OUT $337,929.00, LEAVING A FUND BALANCE OF $61,521.00; CAPITAL PROJECTS IMPROVEMENTS FUND REVENUES OF $734, 750.00 AND EXPENDITURES OF $60,000.00, TRANSFER OUT $600.00, LEAVING A FUND BALANCE OF $674,150.00, CAPITAL PROJECTS -VEHICLES FUND REVENUES OF $888, 833.00 AND EXPENDITURES OF $881, 251.00, TRANSFER IN $78, 000.00, LEAVING A FUND BALANCE OF $85, 582.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $3,137.00 AND EXPENDITURES OF $0.00, LEAVING A FUND BALANCE OF $3,137.00, PROVIDING AN EFFECTIVE DATE." 2. a) Council Member '64, 2qk-., moved o approve the first reading of proposed Ordinance No. 1028; seconded by Council Member I b) Public comments and discussion. 1),trY4, /1 ��.1��L IN t� ! i-eI l: - . I c) Vote on motion. YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: RRIED I4NIED. MAYOR KIRK CLOSED THE FIRST BUDGET PUBLIC HEARING AT xil. MAYOR KIRK ADJOURNED THE MEETING AT P.M. CITY OF OKEECHOBEE SEPTEMBER 16, 2008 REGULAR CITY COUNCIL MEETING AND FIRST BUDGET HEARING OFFICIAL AGENDA PAGE 1 OF 5 01. CALL TO ORDER - Mayor: September 16, 2008 Regular City Council Meeting and First Budget Public Hearing, 5:01 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Loy Mershirer, Okeechobee Presbyterian 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Skip Eddings with a Five Year Certificate of Service. B. Present Jeanna Lanier with a Five Year Certificate of Service. SEPTEMBER 16, 2008 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 2, 2008 Regular Meeting. VI. WARRANT REGISTER - City Administrator. • A. Motion to approve the August 2008 Warrant Register. Public Facility Fund $456,089.21 General Fund $311,199.98 Capital Projects Vehicle Fund $ 18,000.00 Capital Projects Improvement Fund $ 1,430.19 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR THE ADOPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT RESOLUTIONS - Mayor. A.1.a) Motion to adopt proposed Resolution No. 08-08, Fiscal Year 2008 Local Housing Assistance Plan for the Community Development Block Grant -Nancy Phillips (Exhibit 1). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to adopt proposed Resolution No. 08-09, authorizing the filing of Florida Small Cities Community Development Block Grant Housing Application - Nancy Phillips (Exhibit 2). SEPTEMBER 16, 2008 - CITY COUNCIL AGENDA - PAGE 3 OF 5 Vill. PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT RESOLUTION ADOPTION CONTINUED. BA.b) Public comments and discussion. c) Vote on motion. • CLOSE PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT RESOLUTIONS. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - MAYOR. A.1.a) Motion to read by title only proposed Ordinance No.1026, Street/Alley Closing Application No. 91, submitted by First Baptist Church, East to West Alleyway of Block 186, Southwest 5tn Street between Southwest 3rd and 4t' Avenues and Southwest Ot' Avenue between Southwest 4t' and 5m Streets, City of Okeechobee - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1026 by title only. 2.a) Motion to adopt Ordinance No.1026. • b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING FOR ORDINANCE ADOPTION. X. NEW BUSINESS. A. Conduct a Fair Housing Presentation for Elected Officials and the General Public pertaining to the Fiscal Year 2008 Community Development Block Grant - Nancy Phillips. SEPTEMBER 16, 2008 - CITY COUNCIL AGENDA - PAGE 4 OF 5 X. NEW BUSINESS CONTINUED. B. Quarterly Report presented by Main Street - Maureen Burroughs (Exhibit 4). C. Motion to approve the purchase of a software upgrade to the Laser Fiche/Records Management System from Municipal Code Corporation in the amount of $16,475.00 - City Clerk (Exhibit 5). XI. OPEN PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES - MAYOR. A. Mayor announces that the purpose of this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 2008-2009. B. Mayor announces that the proposed millage rate levy represents 3.45 % less than the roll back rate computed pursuant to F.S. 200.065 (1). C.1.a) Motion to read by title only and set September 30, 2008 as a final public hearing date for proposed Ordinance No. 1027, levying a millage rate of 6.7432 for the General Fund Budget- City Attorney (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1027 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1027. b) Public comments and discussion. c) Re -computation of millage rate (if required). d) Vote on motion. • is SEPTEMBER 16, 2008 - CITY COUNCIL AGENDA - PAGE 5 OF 5 XI. PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES CONTINUED. D.1.a) Motion to read by title only and set September 30, 2008 as a final public hearing date for proposed Ordinance No. 1028, establishing revenues and expenditures of all City funds for Fiscal Year 2008/2009 - City Attorney (Exhibit 7). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1028 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1028. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES. XII. 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. SWAT I6'" , AGENDA - EXHIBIT NO. I RESOLUTION NO. 08-08 A RESOLUTION OF THE CITY OF OKEECHOBEE, ADOPTING FISCAL YEAR 2008 LOCAL HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida recognizes the need to establish local policy guidelines for their FY 2008 Community Development Block Grant (CDBG) Housing Program; and WHEREAS, the City of Okeechobee, Florida has developed the "City of Okeechobee FY 2008 Local Housing Assistance Plan" that conforms with the application requirements for the CDBG Housing Program which is adopted as part of Florida Administrative Code Rule 9B-43 that governs the CDBG program, and WHEREAS, it is the intent of the City of Okeechobee, to the greatest extent feasible, to improve the housing standards for the very low and low -to -moderate income residents of the City through the use of CDBG and other City Housing programs. 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 Council for the City of Okeechobee, Florida, hereby adopts the "City of Okeechobee FY 2008 Local Housing Assistance Plan" for the Community Development Block Grant Program. SECTION 2. That the City Administrator and/or his designee coordinate the implementation of said Plan. SECTION 3. That all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. SECTION 4. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 16th day of September. 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 C� J MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 September 9, 2008 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Adoption of "City of Okeechobee Fiscal Year 2008 Local Housing Assistance Plan" for the Community Development Block Grant Program The Florida Department of Community Affairs (DCA) requires that each local government adopt a Local Housing Assistance Plan that outlines how the local housing program is administered. A copy of this document is attached for your review. Please review the "City of Okeechobee Fiscal Year 2008 Local Housing Assistance Plan" for the Community Development Block Grant and consider adoption at your September 16, 2008 City Council meeting. Several highlights of the Housing Assistance Plan include the selection of applicants to be served, the limit on the amount of change orders that the City Administrator can approved, the requirements for lead based paint, and the selection of contractors. I will be present to address any comments you might have on the proposed City's FY 2008 Housing Program. /nsp Attachment CITY OF OKEECHOBEE HOUSING ASSISTANCE PLAN GUIDELINES FOR THE FFY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Prepared by City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 With Assistance from Nancy Phillips and Associates 7408 Edisto Drive Lake Worth, Florida 33467 561-432-1524 C Section TABLE OF CONTENTS Page I. Purpose of the Program.......................................................................................................2 II. Designated Authority..........................................................................................................2 III. Definitions..........................................................................................................................3 IV. Housing Rehablitation Objectives and Policies...................................................................3 V. Applicant Eligibility...........................................................................................................5 VI. System for Applicant Selection..........................................................................................6 VII. Conflict of Interest...............................................................................................................9 VIII. Property Eligibility...........................................................................................................I I IX. Structural Requirements....................................................................................................13 X. Housing Rehabilitation Financing.....................................................................................15 XI. Procedures..........................................................................................................................16 XII. Clearance/Permanent Relocation/Demolition Relocation.................................................24 XIII. Insurance............................................................................................................................25 XIV. Relocation/Displacement...................................................................................................26 XV. Appeal Complaints............................................................................................................26 XVI. Program Income.................................................................................................................26 XVII. Reports, Records and Data................................................................................................27 XVIII. Property Acquisition Policy...............................................................................................27 XIX. Amendments......................................................................................................................30 Page 1 CITY OF OKEECHOBEE HOUSING ASSISTANCE PLAN GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I. PURPOSE OF THE PROGRAM A. Project Area City of Okeechobee, Florida, hereinafter referred to as the City, shall provide financial assistance to those qualified applicants residing in the city limits of the City of Okeechobee. B. Purpose of Assistance The sole purpose of the financial assistance shall be to provide decent, safe and sanitary housing for very low and low -to -moderate income residents. This assistance will be provided through the rehabilitation of existing structures that are deemed to have "substandard" conditions that need to be corrected. Also, assistance may be provided for the demolition and replacement of homes are deemed to be "unrepairable". Work will be undertaken to bring the structures into compliance with the Florida Building Code, the City's Housing Code and other applicable local codes. The construction work on a dwelling unit will be completed by a state registered or certified general contractor, certified building contractor, and certified residential contractor who is licensed by the Florida Department of Business and Professional Regulation. C. Operating Rules and Regulations This program shall be operated in accordance with all applicable rules and regulations of the City, the State of Florida and the U.S. Department of Housing and Urban Development. II. DESIGNATED AUTHORITY A. Designated Approval Officer The City Administrator or his/her designee is designated as the approval officer. Page 2 III. DEFINITIONS For the purposes of this plan, the following definitions shall apply: A. Home - A housing unit constructed on the owner -occupied site either of masonry or frame construction materials. B. Manufactured and/or Modular Home - A manufactured home fabricated on or after June 15, 1976, in an off -site manufacturing facility for installation or assembly at the owner - occupied building site on a permanent foundation with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act. C. Mobile Home - A structure transportable in one or more sections that is which is 8 body feet or more in width and is built on an integral chassis and designed to be used a dwelling when connected to required utilities. D. Owner -Occupied — The applicant must be the owner of the housing unit to receive assistance and must reside in the home at the time of submitting an application for assistance. The Okeechobee County Property Appraisers' records and an Ownership and Encumbrance Certificate will be used to verify ownership. W. HOUSING REHABILITATION OBJECTIVES AND POLICIES A. Objectives The objectives of the City of Okeechobee CDBG Housing Rehabilitation Program are: 1. To encourage the revitalization of very low to low -to -moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan (DPL) Program. 2. To remove unhealthy or hazardous conditions in low -to -moderate income households. 3. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of low -to -moderate income neighborhoods to improve their community. 4. To preserve existing housing stock, or replacement of substandard housing. 5. To enable low -to -moderate income families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 6. To reduce utility costs and to improve the comfort of very low to low -to -moderate income families through weatherization aspects of rehabilitation. Page 3 7. To improve the property tax base in low -to -moderate income neighborhoods. 8. To increase employment and training opportunities for local residents and minority persons through the provision of funds for the rehabilitation of homes. 9. To make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements and as good judgment may dictate. 10. To minimize impact of program participation on recipients and to limit direct costs encountered because of program participation. B. Rehabilitation Policies It is the policy of the City of Okeechobee CDBG Housing Rehabilitation Program to: l . Assure that the Program is administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.) 2. Treat all participating property owners, residents, and contractors fairly, with sensitivity and respect for their needs, and in accordance with program rules. 3. Provide all program participants any reasonable assistance necessary to carry out the objectives of the program, bearing in mind: 1) that property owners hold the primary responsibility for maintaining their property and personal finances, 2) that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors and employees; and 3) that any assistance provided must be authorized at the proper level. 4. Assure that no member of the Congress of the United States, the Citizen Advisory Task Force or the City of Okeechobee City Council shall share in proceeds or benefits of CDBG funded rehabilitation work, unless approved by the Florida Department of Community Affairs. 5. Allow some flexibility in administering the program in order to meet the program's goals and objectives of rehabilitating each addressed dwelling to attain HUD Section 8 Minimum Housing Quality Standards and the Florida Building Code. The City of Okeechobee City Council may waive program rules only when the result will be consistent with established goals and objectives, and applicable federal, state or local regulations. Page 4 • • 6. Housing rehabilitation will be the first priority, with housing replacement units being addressed when program funds are available. V. APPLICANT ELIGIBILITY A. Tenure Characteristics In order to receive Housing Rehabilitation Assistance, an individual or family making application for assistance must be the homeowner who is occupying a residential unit located within the City. All property taxes must be paid up-to-date and the property must be without judgments and/or liens. Also, the financial resources of the household must not exceed the low- and -moderate income standards distributed by HUD for the program year(s) that assistance is being provided. The applicant will be considered the owner if he/she: 1. Is the "owner of record" on the official property records on file with the Okeechobee County Clerk of the Circuit Court and Okeechobee County Property Appraiser; 2. The owner must possess and provide clear title to the property, although it may be jointly owned and the property may be mortgaged. Ownership through life estate, heir property or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. Property must have been granted "homestead exemption" to receive assistance. 3. The owner must reside in the dwelling to be rehabilitated for at least one year prior to the time of application. 4. Property tax, mortgage payments and utility bills must be current and ownership must not be jeopardized by any other threat of foreclosure, default or clouded title. 5. Residents and owners of rental property, including rental duplexes, are not eligible to participate in the program. B. Low- to Moderate -Income Requirements Individuals or families must meet the low- to moderate -income eligibility requirements and be owner occupants currently residing in the residential unit to be rehabilitated. For the purposes of income eligibility, income shall be determined as provided for by the U.S. Department of Urban Development Section 8 Program Household Income Limits as specified in 24 C.F.R. 813.106. Income from all sources of any family member including individuals who are 16 years of age or older and who reside in the dwelling unit of the applicant shall be counted as a part of the income. Income is the amount from the following sources, but not limited to such Page 5 sources: gross salaries, including tips, bonuses, Councils, overtime pay; pensions and annuities; business profit for self-employed persons, including farmers; interest and dividends; any public assistance, including Aid to Families with Dependent Children, Supplemental Security Income, unemployment compensation; Social Security; estate or trust income; rental income; and gains from sale of property or securities, including contract for deed, and child support and alimony. The most recently issued low-income family standards under the Housing Act of 1937 as prepared by the U.S. Department of Housing and Urban Development shall be used to determine eligibility for Housing Rehabilitation Assistance. The low-income limits for families larger than eight persons will be determined by adding 6.25 percent of the four -person income limit base to the eight -person limit for each person in excess of eight. The limits developed by the use of these factors will be rounded to the nearest $50. VI. SYSTEM FOR APPLICANT SELECTION A. Application Processing Methods An advertisement may be placed in the local newspaper and a public service announcement may be broadcast on a local radio station notifying residents of an application period, if applicable. Community meetings advising potential beneficiaries of the program might also be held if the City so desires. The City may also elect to utilize the listing of potential beneficiaries who have made application to the housing programs administered by the Okeechobee County SHIP Department as potential Community Development Block Grant beneficiaries. The application form for eligibility determination must be completed by the applicant. Applications may be obtained at City Hall located at 55 S.E. Third Avenue between 9:00 a.m. and 12:00 p.m. and 1:00 p.m. and 4:00 p.m. Monday through Friday. The application shall be returned to the City Hall with the following documentation: To Verify Examples of Acceptable Documents Residency: Drivers license, voters registration or a utility bill. Legal Ownership: Deed of record Income/Wages: Pay stubs or letter from employers (past or present), social security allotment letter and other similar documents. This pertains to all working family members. Family Members: Copy of all household members Social Security Cards, birth certificates or a notarized statement Page 6 from a neighbor or friend stating how many individuals live in the household. Public Assistance: Letter from the Florida Department of Health and Rehabilitative Services concerning Food Stamp, Aid to Families with Dependent Children or any other public assistance, indicating the amount of assistance and the number of persons in the family. The application process will have a noticed cut off date for the receipt of Applications, if a public advertisement is used to solicit applicants. Applications received after that date shall be considered on a "first come, first completed" basis after the primary list of applicants has been considered. An applicant shall be considered eligible for Housing Rehabilitation Assistance if they meet the income requirements and their dwelling unit is suitable for rehabilitation. To be suitable for rehabilitation, the dwelling must be inspected by a representative of the City's Building Department, if available, and Housing Rehabilitation Specialist and determined to be in a "substandard" condition. Only code violations will be addressed with the CDBG funds. A cost estimate of repairs will be prepared based on the needs identified in the initial inspection and work write-up. Completed applications shall be considered giving preference in the following order: PRIORITY POINT VALUE Very Low Income Families 30 Low Income Families 30 Elderly 30 Disabled 30 Female Head of Household (Single with at least 1 dependent) 30 Male Head of Household (Single with at least 1 dependent) 30 If CDBG assistance has been provided in the last seven (7) years, the applicant shall not be eligible to receive assistance under the FY 2008 program unless they are of very low income status. The City will not discriminate against any applicant for assistance because of race, color, religion, sex, familial status, handicap, national origin or age. B. Identification of Units Page 7 Housing Rehabilitation will take place only on units approved by City of Okeechobee in accordance with grant requirements established by the State of Florida. Alternate units may be provided to replace any primary units that may become ineligible. The City will review applications received using the following selection criteria: 1. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. Assistance for mobile or manufactured housing will be included in the program, but will be restricted to replacement of said structure with a site built home, unless specifically prohibited by local or state regulations. 2. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, etc. 3. Compatibility (consistency) of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 4. Recipients' willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 5. Is the structure more than 50 years old? The applicant shall indicate on the application form whether to his/her knowledge the structure is older than 50 years old. If he/she answers yes, or if other evidence suggests the structure is more than 50 years old, the City must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property appraiser, tax records, or other government agencies records will be researched to verify the age of the structure. 6. This program will not assist in the rehabilitation or replacement of rental housing structures. C. Approval of Ranking, and Removal of Units from the Program The Housing Rehabilitation Specialist and the Project Administrator shall review and rank the applications based on the criteria noted above. A listing by name and address will be provided to the Citizens' Advisory Task Force (CATF) and their recommendation shall be provided to the City Council for their approval. An applicant shall be notified via mail or telephone after the application is reviewed. Final eligibility approval will be given after approval of the work write-up and award by both the CATF and the City Council. In all cases, it is understood that the financial limitations associated with a Community Development Block Grant Housing program, specifically addressing the number of units required to be completed under the activity and program shall be an overriding factor in determining which units shall ultimately be addressed. Page 8 The Housing Rehabilitation Specialist or the Project Administrator may remove a housing unit from the program for a change in household income, approved selection criteria, or for not complying with the minimum qualification procedures. If it is determined that it is necessary to remove an applicant from the program, a certified letter will be sent to the applicant stating the reasons for the removal. The applicant will have the right to appeal the decision as identified in the following Complaint Procedures or as noted in the Citizen Participation Plan. D. Complaint Procedures Complaints concerning the Housing Rehabilitation Assistance program shall be made in writing and addressed to the City Administrator within fifteen (15) working days of commencement of the dispute. The City Administrator will contact the complainant and attempt to resolve the problem. The City Administrator shall issue a written response to the complainant within fifteen (15) working days of receipt of a written complaint. If the complainant is not satisfied with the City Administrator's response, he/she may file an appeal within fifteen (15) working days of receipt of the written decision by the claimant to the CATF for the CDBG program. The CATF shall submit a written recommendation to the City Council within fifteen (15) working days of receipt of the appeal. The City Council shall consider the recommendation at its next regularly scheduled meeting. A decision shall be made by the City Council at such meeting. The decision of the City Council shall be the final authority concerning the complaint. VII. CONFLICT OF INTEREST All applicants that may have a business or familial relationship with a member of the City of Okeechobee City Council, CATF Committee, Housing Rehabilitation Specialist, Program Administrator, or participating construction contractors must fully disclose this relationship on the Application and definitely before a construction contract is executed. In addition, all beneficiary names and addresses must be disclosed at the regular meetings of the City of Okeechobee City Council and the CATF as selection of beneficiaries occur and these names and addresses must be included in the minutes of both the City Council and the CATF meetings. The City Council and CATF members must disclose any relationship with an applicant and must abstain from any vote related to that applicant. As soon as a final ranking of the applications is made, that ranking and any cases of conflict of interest must be made known at a meeting of the City Council. Prior to any rehabilitation, the City Council must receive written notification of DCA's approval of the application, in accordance with 24 C.F.R. Section 570.489. If this process is not followed the local government and/or the applicant may be liable for returning the funds to the program. Page 9 For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: The person must declare on the application form that a conflict of interest may exist. 2. The governing body must decide whether to proceed requesting a waiver on the potential participant dispute the conflict of interest. 3. If the person who the conflict on interest exists with is a voting member of the governing body, that person must declare a conflict of interest and not vote on the potential participant. 4. The City Attorney shall prepare a written document stating in his/her opinion proceeding with potential participant's residence would not violate any state or local law. 5. A written request for waiver is sent by the City to DCA for review and comment. 6. If a waiver is obtained, the potential participant would be placed with other potential participants as outlined herein. No dwelling unit owner, lessor, lessee, tenant, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or subcontractor to be paid with Community Development Block Grant funds for the rehabilitation of said building, nor shall they be paid for their own labor with Community Development Block Grant funds for the rehabilitation of said dwelling unit. VIII. PROPERTY ELIGIBILITY A. Unit Characteristics Only single-family owner -occupied dwelling units consisting of site built homes, modular or manufactured homes that have the "blue DCA" decal are eligible for Housing Rehabilitation Assistance. Multiple -family and/or rental dwelling units and mobile homes, modular homes or other forms of manufactured housing that do not have the "blue DCA" decal are not eligible for Housing Rehabilitation Assistance. At no time will mobile homes, modular homes or other forms of manufactured homes received CDBG assistance unless they are provided assistance under the Demo/Replacement program. Documentation from the Okeechobee County Property's Appraisers office shall be obtained to assist in determining the age of the housing unit. If the housing unit is determined to be older than fifty (50) years, pictures shall be taken of the housing unit and submitted to the Florida Bureau of Historic Preservation for guidance. Page 10 The single-family dwelling unit and property is required to be in compliance with other appropriate local codes (i.e. nuisance, trash or other environmental or health codes) prior to initiation of housing rehabilitation construction. B. Condition and One -to -One Ratio After rehabilitation, all dwelling units addressed with Community Development Block Grant funds shall be in compliance with the Section 8 Housing Quality Standards as promulgated by the U.S. Department of Housing and Urban Development, the Southern Standard Housing Code, and/or the local housing code. Upon completion of the rehabilitation of each dwelling unit, the ratio of the cost of housing rehabilitation to the projected market value of the rehabilitated dwelling unit shall be at least one to one. Example: if post -rehabilitation value of $30,000 is less than the cost of rehabilitation work -write up of $35,000, the City may elect to cover the costs for a new site built home to be constructed on the owner's property if adequate funds are available. C. Types of Costs, Improvements and Activities Eligible Costs: Housing Rehabilitation Assistance shall be used only for those repairs and/or replacements which are necessary to correct violations of the Florida Building Code, the City's Housing Code, Section 8 Housing Quality Standards, and/or local codes, eligible items designated by the Florida Department of Community Affairs including the listed items: Eligible Improvements: 1. Any improvement required to bring the housing unit up to code and Section 8 Housing Quality Standards, including, but not limited, to: A. Structural system B. Electrical system C. Plumbing system D. Heating system E. Windows and Hurricane Protection F. Insulation G. Kitchen cabinets H. Stove and refrigerator I. Roofing system J. Extra bedrooms (if required due to family size) K. Ceramic Tile Floor for durability and mobility purposes 2. Any improvement designated as eligible by the Florida Department of Page 11 Community Affairs; 3. Weatherization and energy conservation improvements; 4. Exterior painting; 5. Improvements to adapt the property for use by the physically handicapped; 6. Improvements necessary to meet flood hazard standards; and 7. Flood hazard insurance. All improvements must be physically attached to the property and permanent in nature. Upon approval of the City Council, Housing Rehabilitation Assistance may be used to rehabilitate residential properties listed on the national, State, or local Registers of Historic Places if funds are available. Some general property improvements may be provided at the owner's expense. Other additional improvements, above those required to achieve minimum standards, are optional and at owner expense. The cost for any such improvements shall be borne totally by the owner who must deposit the funds with the local government before the improvements begin if the improvements are to be a part of the rehabilitation contract. General property improvements that are paid for by the property owner must be included in the Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation Program. However, ineligible new construction must be contracted separately. The property owner must also deposit the necessary funds to cover the additional improvements into the local government's program account. This must be done prior to construction. Otherwise, the addition items will not be included in the construction. Furthermore, any construction not covered in the construction contract will be inspected by the local Building Inspector, but will not be inspected by the Housing Rehabilitation Specialist. Ineligible Improvements: General property improvements including, but not limited to, additions for family rooms, carports or ineligible items as identified by the Florida Department of Community Affairs. Other Eligible Activities: Community Development Block Grant funds may be used for temporary relocation allowance for those occupants displaced temporarily by rehabilitation activities being Page 12 • • carried out with Housing Rehabilitation Assistance. Temporary relocation assistance for storage in the amount of $200.00 per month, not to exceed $400.00 per housing applicant, may be provided as specified in the City's Community Development Block Grant Program Antidisplacement and Relocation Assistance Plan or City of Okeechobee Housing Assistance Plan, whichever is greater. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $200.00 per month for the duration of the construction period. If it becomes necessary, the City may determine that temporary relocation exceeding the $800.00 limit may be required if unusual circumstances exist. In rare circumstances, funds may be available to assist with temporary rental while a home is being demolished and a replacement housing constructed. The payment of fair market rent shall be strictly adhered to. IX. STRUCTURAL REQUIREMENTS A. General In addition to owner eligibility requirements for participation in the Housing Rehabilitation Program, the dwelling must be: below Section 8 Minimum Housing Quality Standards; and 2. feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction must: a) correct all violations of the local housing code and Section 8 standards; b) provide interim controls or abatement for lead -based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead based paint. If lead based paint is found, interim control procedures will be used for all houses rehabilitated at or below $25,000. Houses above $25,000 will be rehabilitated using abatement procedures. The occupants will be notified of the hazards of lead -based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements and appropriate abatement procedures; c) meet applicable local zoning requirements, as well as local, state and federal housing code requirements for rehabilitation work; d) leave at least 20 % of the original structure based upon the formula provided in this chapter; e) not exceed the program costs noted in this chapter; and f) be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such. Page 13 g) New Construction or substantial improvement of any residential building located within the 100 year flood plain shall have the lowest floor, including basement elevated no lower than (1) foot above the base flood elevation (or per local code). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided. B. Structural Integrity Rehabilitation requires that at least 20% of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total 100% of the structural value of the house. These components and ratios are: roof - 20%, exterior walls - 60%, and flooring system - 20%. As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced and 25 % of the flooring system (including framing) must be replaced. The factors are then ratioed based on the 20/60/20 formula, so that 50% replacement of the roof is equal to replacing 10% of the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and 25 % replacement of the flooring system equals 5 % replacement of the structure. Thus, replacement equals 10%, plus 30%, plus 5%, or a total of 45% of the structure. This leaves 55 % of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by the Housing Rehabilitation Specialist. Should significant deterioration occur between application and time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by the Housing Rehabilitation Specialist whether to replace it with an alternate unit or to request a change in type of rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract requirements. C. Cost Feasibility As an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas: $59,500.00 per single family detached house These limits are at the allowable CDBG financing limits, and assume requirements for owner contributions or leveraging, if these limits are exceeded. The limits may be exceeded for rehabilitation costs when alternative funds are available for leveraging, but must be specifically approved by the City Council as exceeding the described limits. In addition, the cost of rehabilitation and improvements may not exceed the after -rehabilitation value of the dwelling. For site -built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed $75 per square foot of dwelling Page 14 space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. X. HOUSING REHABILITATION FINANCING The Housing Rehabilitation Program provides financing to homeowners in the form of 100% Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a contingency reserve. A. Deferred Payment Loans (DPL) Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable or unlikely to obtain conventional financing due to their income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within five years of the date of the DPL or within ten years of the date of the DPL for a demo/replacement project, or fails to maintain reasonable required standards of care and maintenance. During the five-year or ten-year period, the principal is "forgiven" or subtracted from the principal balance in equal monthly amounts, so that at the end of the fifth or tenth year of owner occupancy (by at least one of the recipients if owned jointly), the loan is fully amortized. There is no interest charged during the time period of the DPL. In the event that the sole owner dies or both/all owners die within the DPL loan period, repayment of the loan will not be required as long as their heirs are deemed to be low -to - moderate income. If repayment of a DPL becomes due, the prorated principal balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. If the owner is unable to make such payment, the City Council may, at their discretion, allow repayment of the DPL over a term not to exceed ten (10) years, at a yield of not more than 1 % below the FHA rate at the time the DPA becomes due. Homeowners whose household incomes do not exceed the HUD Section 8 low -to - moderate income limit will receive a Deferred Payment Loan for 100% of the cost of rehabilitation. No funds will be provided for vacant, renter -occupied or commercial properties. With the exception of the demo] iti on/relocation program, where the owner of a dilapidated structure received a payment for a replacement structure and the existing structure is removed, no existing low- and moderate income housing units will be demolished or converted to non -low and moderate -income housing under this project. The maximum DPL for an owner -occupied single family dwelling is from CDBG funds is $59,500.000 unless approved by the City Council. If rehabilitation costs require more than $59,500.00 and the owner is unable to finance the additional cost, the dwelling unit may be Page 15 disqualified unless alternative funding is available. Grant application scoring indicates an average rehabilitation amount that is to be attained. Very high costs frequently adversely impact other units planned for rehabilitation, therefore the ability to maintain the necessary average must enter into the decision process. As a general policy, a contingency amount of about 5% should be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment to pay for all required changes exceeding the authorized loan limit, or if the Administrator determines that the situation does not require a contingency fund. There might be instances where it will be necessary to combine the financial resources of the CDBG and other housing programs to provide appropriate housing assistance to the residents of the City. In these instances, all program guidelines must be strictly adhered to. XI. PROCEDURES A. Application and Inspection Each property owner who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation. If either the owner or the structure does not meet eligibility requirements for program participation, the Housing Rehabilitation Specialist will reject the application. A written rejection notification will be sent to the owner via certified mail and the local government designated representative within ten (10) days stating the reason for rejection. If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the Housing Rehabilitation Specialist and approved by the property owner. The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the owner covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals, bids are solicited for the job. B. Solicitation of Potential Contractors The City wishes to encourage local general contractors, building contractors, and residential contractors to participate in the Housing Rehabilitation Assistance Program. The construction work on a dwelling will be completed by a state registered or certified general contractor, residential contractor, and building contractor, and who is licensed by the Florida Department of Business and Professional Regulation. Page 16 Contractors residing or maintaining offices in the local area will be recruited through posting of public notice to all such contractors, as part of the local government's compliance with Federal Section 3 requirements. This special effort may be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate program file, if applicable. The City shall always exercise care and good judgment in approving a contractor. An informational meeting to discuss the CDBG program may be held with all potential contractors who wish to participate in the program. Each contractor shall be required to complete a Contractors Qualification Questionnaire prior to being awarded any projects. In order to participate in the Housing Rehabilitation Program, a contractor must be certified as eligible by the Administrator of Housing Rehabilitation and by the Florida Department of Community Affairs. Basic contractor qualifications include: 1. Current license(s) with the appropriate jurisdiction; 2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level; 3. Insurance: Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. A certificate evidencing Auto Insurance including bodily injury in an amount not less than $1,000,000 per accident and in the aggregate. A certificate evidencing General Liability insurance covering bodily injury,including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence. Copies of certificates shall be provided to the City. The Contractor shall provide the City with a certificate of insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record, including: (a) references from two (2) suppliers who have done business with the contractor involving credit purchases; and (b) references from three (3) subcontractors who have subcontracted with the contractor; and (c) the ability to finance rehabilitation contract work so all bills are paid before requesting final payment; Page 17 5. Satisfactory references from at least three (3) parties for whom the contractor has done construction; 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or DCA; The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information, and reserves the right to check any reliable source in establishing such determination. The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre -bid conference. Program procedures, such as bidding and payment are also explained to the contractor. C. Disqualification Contractors may be prohibited or removed from program participation for: 1. poor workmanship, or use of inferior materials; 2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice; 3. failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs; 4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely prior to the submission of a pay application to the City; 5. disregarding contractual obligations or program procedures; 6. loss of license(s), insurance or bonding; 7. lack of reasonable cooperation with owners, rehabilitation staff or the others involved in the work; 8. abandonment of a job; 9. failure to complete work in a timely manner; 10. inability or failure to direct the work in a competent and independent manner; 11. failure to honor warranties; Page 18 12. ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or DCA; 13. other just cause that would expose the Program or owner to unacceptable risk; 14. failure to respond to a minimum of three (3) consecutive requests for bids; or 15. at the contractor's request. D. Bidding Bidding shall be done on a competitive bid basis. The City will advertise for bids at least twelve (12) days prior to the bid opening in a local paper and a paper of general circulation. A memorandum may be mailed to minority contractors and interested contractors at least twelve (12) days prior to the bid opening. The City will prepare the bid package, advertise and review all bids to determine if the bid is responsible and responsive. Each contractor must attend a pre -bid conference held at the house to be rehabilitated or demolished and a new replacement home construction. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s). Sealed bids will be opened at a public bid opening. The bids will then be tabulated. The CATF will review and make a recommendation to the City Council for approval. The City Council shall award the construction contract to the lowest responsible and responsive bidder who is within plus or minus fifteen (15%) percent of the cost estimate prepared by the Housing Rehabilitation Specialist. The City Council reserves the right to reject any and all bids and to award in the best interest of the owner and the City. No housing unit owner, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. E. Contractor's Work Each contractor must satisfactorily complete one job through the Housing Rehabilitation Program before receiving any additional contracts. No contractor will be allowed to have more than three (3) jobs under construction at one time without consent of the local government designated representative unless: 1) the anticipated date of commencement is after the scheduled, and estimated, date of completion of current jobs; or Page 19 2) the contractor has demonstrated, through past performance his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the City Council if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. F. Contracting The Housing Rehabilitation Specialist presents each case to the CATF who will make a recommendation for award to the City Council before the DPL and contract is signed. The DPL amount, contract amount, contractor and owner eligibility are all approved by the designated representative of the City. The rehabilitation contract is executed between the homeowner and the contractor when the rehabilitation DPL is closed, with the three (3) day rescission period running simultaneously for both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the designated representative authorized to act on behalf of the City Council. The DPL and the Notice of Commencement are recorded immediately. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of performance (generally 45 - 60 days) begins with issuance of the Notice to Proceed. D. Change Orders Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written change order before the additional work is started. The change order is executed by the owner and contractor and is approved by the Housing Rehabilitation Specialist and the designated representative. Change orders may be issued to correct code deficiencies or to obtain any other desired change in the work. CDBG funds can only be for change orders that correct code violations as documented by the local building official, a bonafide code violation report, or to meet Section 8 housing quality standards found after construction begins. Other changes will be at the owner's expense. Any change orders which cumulatively exceed One Thousand Dollars ($1,000.00) above the original contract amount shall only be paid with CDBG funds if the change orders are to correct documented code violations based on a bonafide code violation report or to meet Section 8 Housing Quality Standards. Page 20 Change orders up to Three Thousand Five Hundred Dollars ($3,500.00) may be authorized by the CDBG program administrator and City Administrator. All change orders exceeding this amount shall require the authorization of the City Council. E. Paint The Homeowner shall select the color of paint to be used. Once selected by the Homeowner, the paint color shall not be changed by the City, the Contractor or the Homeowner. The use of lead based paint shall be prohibited in dwelling units rehabilitated with Community Development Block Grant funds. If addressing a pre-1978 home with Community Development Block Grant funds, the City shall procure the services of a Lead Paint Inspection firm to conduct the required Lead Paint tests (i.e., initial inspection, the Risk Assessment, and the clearance test.) The homeowner shall be notified of the hazards of lead -based paint poisoning: 1) Advised that the property may contain lead -based paint; 2) Advised of the hazards of lead -based paint; 3) Advised of the symptoms and treatment of lead poisoning; 4) Advised of the precautions to be taken to avoid lead -based paint poisoning (including maintenance and removal techniques for eliminating such hazards); 5) Advised of the need for and availability of blood lead level screening for children under seven (7) years of age; and 6) Advised that if lead -based paint is found on the property, appropriate removal and/or abatement procedures may be undertaken in accordance with Florida Department of Community Affairs Technical Memo: HCD: CDBG-93-12, dated November 30, 1993. E. Initiation of Construction When the contract has been successfully awarded, the participant may be required to temporarily relocate out of their residence. The participant will have their belongings moved and stored in accordance with the Temporary Relocation Guidelines of the Antidisplacement and Relocation Assistance Plan or City of Okeechobee FY 2008 Housing Assistance Plan Guidelines, whichever is greater. If the housing unit is going to be demolished and replaced, temporary storage in an amount not to exceed $200.00 per month may be paid for the duration of the construction period. After the participant has vacated the dwelling unit and the Notice to Proceed has been issued, the house is then rehabilitated in accordance with the rehabilitation standard specifications, the standard building code, and the work write-up. F. Inspections Page 21 Periodic inspections of the rehabilitation construction are performed by City of Okeechobee and the Housing Rehabilitation Specialist throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. Inspection and approval of completed work must be conducted by the Housing Rehabilitation Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of the work is also required before payment is received. G. Payment Contracts of $10,000 or less will not be paid until the contractor has completed the job. Contracts in excess of $10,000 allow a partial payment upon satisfactory completion of 60% of the work, with a retainage of 20% of the completed contract amount. Completion of 61 % - 90% of the work allows a partial payment less a retainage of 20% of the full contract amount. Depending on extenuating circumstances and contract balance, a second partial payment may be authorized at the recommendation of the Housing Rehabilitation Specialist, designated representative and the Administrator. Rehabilitation Construction Completion Payment Schedule Percentage of Funds Paid Less than 60% 0 % 60% 1 40% 100% 2 80% 100%* -100% *After Certificate of Occupancy is issued and all punch list items are completed Demo/Replacement Payment Schedule will be explained in the construction contract Approval of a partial payment requires: a determination by the Housing Rehabilitation Specialist and the designated representative that the claimed percentage of completion of the work has been satisfactorily completed. Payment will be issued for the amount claimed less retainage depending on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the contractor; 2. approval of the work by the owner; and Page 22 3. an affidavit from the contractor stating that either: (a) there are no claims for unpaid goods and/or services connected with the job and all laborers, suppliers and subcontractors have received just compensation for their goods and services up to the date of the request (as evidenced by full or partial waiver of lien from subcontractors); or (b) a list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires: acceptance of all work by the property owner, the Housing Rehabilitation Specialist and designated representative; 2. submission of all manufacturers' and other warranties (i.e., appliances, roofing, extermination, contractor's warranty coveting the entire job for one year, etc.); 3. waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice; 4. a certificate of occupancy or final approval from the Building Inspector to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements; 5. completion of all punch list items; and 6. an affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner. If the owner refuses to authorize payment due to a dispute with the contractor, the Program Administrator may recommend disbursement without the owner's approval if the claim is shown to be without merit or inconsistent with policies and the goal of the program. Such disbursement shall be issued only after the Program Administrator has reviewed the facts and circumstances involved in the dispute and has determined that the owner's refusal to issue payment is without just cause. A record of all pertinent information may be presented to the CATF for their review in accordance with the Complaint Procedures. The City Council has the authority to uphold, rescind or reverse a previous CATF determination. An appeal of the local determination/decision made by the City Council should be filed with the Department of Community Affairs. Sufficient documentation to this effect shall be placed in the case file. Upon completion of the project, the local building inspector will issue a Certificate of Occupancy. The participant is required to move back into the dwelling unit at this point. Page 23 H. Warranty of Work by Contractor All rehabilitation work performed by the Contractor shall be covered by a one (1) year warranty. Such warranty shall confer upon the Homeowner, for a period of one (1) year, the right to require the Contractor to correct significant defects and inadequacies in the work performed under the construction contract. I. Disputes and Contract Termination Disputes, the owner's right to stop work, and termination of the contract by the owner or contractor shall be as authorized in the Contract for Rehabilitation. Follow -Up After completion of the contract, it is the owner's responsibility to notify the contractor in writing of any defect in the work or material. The owner is also requested to notify the Housing Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so assistance in follow-up can be provided. If the contractor does not respond to the owner's written complaint within a reasonable time frame and in a satisfactory manner, the Administrator will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she will send written request for warranty service to the contractor and a copy to the designated representative. The contractor will then take action as monitored by the owner and the Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a contractor from participation with the program. XH. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION A. General Permanent Relocation and/or Demolition Relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti -displacement and Relocation Policy. B. Clearance Requirements are identified by the Housing Rehabilitation Specialist and are included in the replacement unit bid package. In this way, the same contractor is responsible for site cleanup and preparation as for provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted Page 24 separately, bid packages are prepared with procedures following those identified for rehabilitation in this manual. C. Permanent Relocation/Demolition Relocation This activity involves replacement of an eligible owner occupied unit that is beyond economic repair. The Program Administrator will decide with the Housing Rehabilitation Specialist on a case -by -case basis about the feasibility of demolishing an existing housing unit and the construction of a new slab "site built" replacement unit. Decision items will include budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary case -by -case. Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications based on household size and composition of those who live in the home. Bidding contracting and inspections then proceed as in the rehabilitation process. Cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits that may not be exceeded without approval from the City Council are: (a) four or more bedrooms - $80,000 (b) three bedrooms - $78,500 (c) two bedrooms - $70,500 Necessary site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. Budgetary and scoring constraints, as well as priorities for assisting other households, may dictate that some homeowners will be offered less than the maximum amounts shown hereto, even if their demolition and replacement housing costs are above the offered amount. In these cases, homeowners must provide non-CDBG funds from other sources, or they may decline the offer and withdraw from the program. If the offer is declined, no CDBG funded demolition will occur. XIII. INSURANCE In designated flood plain areas where the existing housing unit is being demolished and a new housing unit is being constructed, the floor elevation of the new unit must be located above the existing one hundred (100) year flood plain elevation. The one hundred (100) year flood plain elevation benchmark must have been established by a registered land surveyor. The owner shall be required to obtain flood insurance on the residence as part of the CDBG Program requirements. The cost of the flood insurance shall be an eligible CDBG grant expense. X. RELOCATION/DISPLACEMENT Page 25 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to displacement under the City of Okeechobee Community Development Program; since City of Okeechobee does not acquire the vacated (demolished or rehabilitated) property and residents participate voluntarily. Therefore, temporary relocation services consisting of storage and temporary rental will be provided in accordance with guidelines outlined the City of Okeechobee Anti -Displacement and Relocation Policy and CDBG Housing Assistance Plan. Household/property owners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance, which must be confirmed in writing. If the Administrator determines the applicant to be ineligible for assistance, the Administrator shall send written notification to the applicant, stating that the application has been rejected and the reason for the rejection. XV. APPEALS/COMPLAINTS The Housing Rehabilitation Specialist, the designated representative and the Program Administrator are authorized by the City Council to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the Housing Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid, it must be issued in writing within a period of 45 days of its occurrence. Responses also should be issued in writing. If the complainant is not satisfied with the Program Administrator's response, the issue must be presented in writing to the City of Okeechobee CATF in accordance with the Complaint Procedures. If the complaint cannot be resolved by the CATF, the City Council will review the grievance and make a decision based upon program regulation, local policies, and availability of funds. Further appeals, if necessary, must be addressed to the Florida Department of Community Affairs. XVI. PROGRAM INCOME No program income is planned to result from this program. Deferred Payment Loans will be monitored by the Housing Rehabilitation Specialist during the CDBG period of agreement. After the expiration of the agreement between City of Okeechobee and the State, the monitoring will be performed by the designated representative. If repayment of a DPL or program income is received during the CDBG agreement period, it will be used for additional rehabilitation as authorized by the Department of Community Affairs. Program income or DPL payment received subsequent to closeout will be returned to the Department of Community Affairs unless the state's program income regulations are changed. Page 26 XVII. REPORTS, RECORDS AND DATA The City shall retain and maintain accurate files and records on each applicant including all documentation pertinent to the applicant. Such files shall be open for inspection and retained for a period of not less than six (6) years following the satisfaction of the applicable DPL. The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, reports, estimates, records and other data as the City may request concerning work performed or to be performed under this Program. The Contractor shall be required to maintain his/her reports, records and data for the rehabilitation work for a period of six (6) years, from the date of the final approval of rehabilitation work completed under this Program. XVIII. PROPERTY ACQUISITION POLICY A. Voluntary City of Okeechobee may purchase property with Community Development Block Grant funds for use in the Community Development Program. While most property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased on a voluntary basis. The City shall determine the property features needed and the budget available for the purchase defined in the contract agreement. A request for proposals will then be published in a local newspaper. The request will state the specifications and budget, and indicate that the purchase is voluntary. No displacement of renters may occur as a result of the program. Owners will not receive any relocation assistance so owner -occupants must waive the Uniform Act Rights. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a proposal to the recipient for purchase of their property in response to a public invitation or solicitation of offers. The City Council is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site specific and at least two properties in the community meet the criteria established by the local government for usage, location and/or interest to be acquired. The City Council prior to publication of a public notice or attendance of any local government representative at a property auction must approve all voluntary acquisitions in principle. must: A public notice must be published inviting offers from property owners. This notice Page 27 accurately describe the type, size and approximate location of the property it wishes to acquire; 2. describe the purpose of the purchase; 3. specify all terms and conditions of sale, including maximum price; 4. indicate whether or not an owner -occupant must waive relocation benefits as a condition of sale; 5. announce a time and place for offers to be accepted; and 6. announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The Uniform Relocation Act does not apply to voluntary acquisitions. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a responsible official. Records of offers shall be kept. Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can be reached. Clear title must be present in every transaction. The City Council must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the City Council that can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. B. Non -Voluntary Acquisition Plan Acquisition of property (including easements and right-of-way) using federal funds shall occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent owner, (5) appraisal and review appraisal services solicited and appraiser retained, (6) appraisal received and sent for review, (7) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (8) offer to purchase and notice of just compensation sent owner, (9) owner contacted by attorney or other representative and contract formalized, (10) settlement costs calculated and closing date set, (11) closing conducted with funds changing hands and, (12) records of proceedings retained. Page 28 The Uniform Relocation Act requires certain specific procedures such as some letters being sent certified. The CDBG Implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. In no case will CDBG funds be utilized which would create involuntary displacement. C. Timing/Planning Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable. Every attempt shall be made to effect a design that is not wholly site dependent, that is, where two or more sites are suitable for the project. It is recognized this may not always be possible, however, a policy of minimizing single site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects shall not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up. The City Council shall make the determination as to whether or not bidding, award and start up may proceed to closing on the property. In those cases where need for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur, minimized. XIX. AMENDMENTS The City Council shall have the right to change, modify or revoke all or any part of these guidelines by a majority vote. DULY AMENDED AND ADOPTED this day of , 2008. CITY CLERK Page 29 JAMES E. KIRK Mayor SECOND PUBLIC HEARING NOTICE • The City o10k is applying to the Florida Department of Community Affairs ((BCA) for er the Housing Rehabilitation category in an amount up to $700,000 u TY 2008 Florida Small Cites Community Development Block Grant {CDBG) ram. For each actN ry that is proposed, at least 70% of the funds nust behefit low and moderate income persons. The activities, dollar amounts and estimated percentage benefit to low and moderate income persons for which is applying are: The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 8 Afffant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo too sl ribed before me this day of A.D. 2fp Notary Public, tale of Florida at ge Percentage Benefit to Low and Moderate Activifies Proposed Dollar Amounts Income Persons 14a Rehab/Demo/Replacement $560,000 10D% )08 Temporary Relocation $ 35,000 100% >1AAdminisbalion $105,000 WA $700,000 At the time of this notice, it Is unknown 4 the gent application wort have any leverage from Okeechobee County. the CDBG project will undertake rehabilitation, demolition and/or replacement of 10 low and moderate income housing units, of which up to 3 will be occupied by very.low income homeowners. Temporary relocation bet efds will also be provid- ed to program beneficiaries. The City of Okeechobee plans to minimize displacement of persons as a result of planned CDBG funded activities in the following mamrer: o permanent displace- ment is anticipated. Only temporary relocation is anticipated. If any persons are displaced as a result of these planned activities, the CttV will as- sist such persons in the following manner: The City will follow the guidelines out- lined in their Anodisplacement and Relocation Policy and their Local Housing Assistance Plan. A public hmadrpl o provide c tizens an oppahmlty o comment on the application vng. be held at the Cily CouncN meeting on Tuesday, September 16. 2008 at 5:01 p m. a as soon thereafter as posside. Tfus meeMg mg be held at the %who-'. bee C ty Hall, 55 S.E. Third Avenue. A draff wpy of parts of the application will be available for review at that tune. A final copy of the application will be made ova table at the C ty Admin strator's Office on Monday through Friday between the hours of 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 p.m. no more than five days after September 29, 2008. The appgcation vng be submitted to DCA on or before September 29, 2008. To obtain atldrbonal urtormatbn concerning the W-, plication and tine public hearing contact Mr Brian Whitehall, City Admiresbata, Cdy of Okeechobee, 55 S.E. Third Avenue, Okeechobee, or telephone 863-763-3372. e public hearing is being conducted in a handicapped accessible location. handicapped person requin an xde prefer fa the heanng impared or the v ty impaired shag contact Mr. Whdehall a[ least five calendar days poor 1 meeting and an imarprater will be provided. Arty non-English speaking p wish nit o Mend the public hearing should contact Mr. Whitehag at least fry ender days poor to the meeting and a language interpreter wit be provides access a Telecommunication Device for Deaf Persons (TDD), please rag tiie da Retay Service at 1-8D0.955-8771. Any handicapped person requiring s accommodation at this meeting should contact Mc Mi etull at least five cal days prior to the meeting. Pursuant to Section 102 of the HUD Reform Act of 1989, the following disclosures will be submitted to DCA with the application. The disclosures will be made available by the City of Okeechobee and DCA for public inspection upon request These disclosures will be available on and after the date of submission of the ap- plication and shall continue to be available for a minimum period of sic years. 1.Other Qovemment (tederat, state and local) assistance to the project in the form of a Qiff, grant, loan, guarantee, insorance payment, rebate, subsidy, credo, tax benefit or any other form of direct or indirect benefit by source and amoumi; 2.The identities and pecuniary interests of all developers, contractors, or consul- tards involved in the application for assistance or in the planning or development of the project or activity; 3. The identifies and pecuniary interests of arty other persons with a pecuniary in- terest in the project that can reasonably be expected to exceed $50,DO0 or 10% of the grant request (whichever is lower); 4. For those developers, contractors, consultants, property owners, or others listed In two (2) orthree (3) above which are corporations, or other entities, the identifi- cation and pecuniary interests by corporations or enfity of each officer, director, principal stockholder, or other official of the e"; 5. The expected sources of all funds to be provided to the project by each of the providers of those funds and the amount provided; and 6. The expected uses of all funds by activity and amount i on Fair Housing will also be conducted for elected officials public. '<nTP.RY PUBLIC -STATE OF FLORIDA Angle Bridges ,'oCommission # DD779718 '�tl�r - Expires: APR. 20, 2012 ;RUED TURD ATI A[4TtC BONDING Ca, INC. &hchd / �"Jr�uft Ah eat SEPT 16' - AGENDA - EXHIBIT NO. �-- RESOLUTION NO. 08-09 A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE FILING OF THE CITY OF OKEECHOBEE'S FISCAL YEAR 2008 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF SIGNATURE AUTHORITY; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, during the 1983 Legislature Session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Block Grant Program created by Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality, and WHEREAS, Florida Statutes, Chapter 290, designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; and WHEREAS, it is the intent of the City of Okeechobee to apply for Fiscal Year 2008 Florida Small Cities Community Development Block Grant funding in the Housing category; and WHEREAS, the City of Okeechobee's Fiscal Year 2008 Florida Small Cities Community Development Block Grant Application reflects the community development needs of the City. 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 Council for the City of Okeechobee, Florida authorizes the Mayor and/or Pro-Tem to execute and submit to the Florida Department of Community Affairs the City's application in the Housing category for Fiscal Year 2008 Florida Small Cities Community Development Block Grant Application. SECTION 2. That the City Administrator is authorized to act in connection with the application and to provide such additional information as may be required. by the Florida Department of Community Affairs for the application and throughout the entire grant process, once awarded. SECTION 3. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. Page 1 of 2 INTRODUCED AND ADOPTED in regular session this 161h day of September, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 W w MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 September 9, 2008 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: FY 2008 CDBG Housing Application Summary The Second Public Hearing to discuss the City's FY 2008 CDBG Housing Application is scheduled for September 16, 2008 at the City Council meeting. A summary of the Housing Application that will be submitted by September 29, 2008 is noted below: CITY OF OKEECHOBEE CDBG HOUSING REHABILITATION GRANT APPLICATION The City is eligible to receive $700,000 of CDBG funds for this project. The budget for this grant is as follows: Housing Rehabilitation $560,000 Temporary Relocation $ 35,000 Administration $105,000 TOTAL CDBG BUDGET $700,000 Average CDBG Cost Per House - $59,500.00 Mr. Whitehall is working with the Okeechobee County SHIP Department to secure leverage funds for the grant application. Further information should be available on this at the Second Public Hearing. This year's program will rehab 10 housing units, of which 3 will be occupied by very low income residents. The application may be changed based upon comments received at the Second Public Hearing. I will be available to answer any comments you might have. /nsp • SECOND PUBLIC HEAFuNG NOTICE The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECliOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobe Okeechobee County, Florida; that the attached copy of advee, sin in r1i ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 8 --------------- Affiant further says that the said Okeechobee N ''sews t a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been Published continuously in said Okeechobee County Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first Publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose ring this advertisement for publication in the said newspaper. i Swo to nd sly ribed before me this day of A.D. 2CO7 Notary Public, � � late of Florida at ge lie CA) fora Okeechoa grant be er aPPI 'ng toe Florida Department of community (DCA) fora gram under the Housing Rehabilitation category in an amount 3700,000 under the FFY 2008 Ronda Small Cites Community Development Grant (CDBG ram. For each activity that is proposed, at least 70% funds rust benefit low and moderate income persons. The activities 70 , amounts and estimated percentage benefit to low and moderate Income ce for which is applying are: Pemarrile Benefit to Proposed Donor Amounts Low and oderate Income Persons b/Demo/Replacemem o abon s560,000 S 35,000 sioalao8105,000 100% WA $700,000 I the time of this nobce, it is unknown if the grant application will have any leverat from Okeechobee County he CDBG project will undertake rehabilitation, of and/or replacement of h low and moderate income rs Teti units, of which up to 3 will be occupied b very low Tram be homeowners. Temporary relocation benefits will also be Prov(d eel to program beneficiaries. e City of Okeechobee plans to mini Planned CDBO funded d(splacenhent of persons as a result of nded activities in the following manner: lip permanent displace- nent is anticipated. Only temporary relocation is anticipated. m any persons are displaced as a result of these planned activities, the Cdy will oust such persons in the ementng manner The City win follow the guidelines n lined in chef Arhtdisplacement and Reoocation Policy and their Local Hw., Assistance Plan. A public hearing to provide citizens an opportunity to comment on the appiket will be held at the City Council meeting on Tuesday, September 16, 2008 at 5: m. dovr as soon thereafter as possible. This meeting well be held at toe Okeech be av 1 Hal, e fare S.E. atom tvemue. AAnn�t copy of Parts of the application v available at the City Administrator's Office on Mondma the application will be ma hours of 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:30 p,m. no moo to hann tbetween h days after September 29, 2008. The application will be submitted to DCA On r before September Public c he To obtain additional information concerning 4 pNraton and a pubic hewnng contact Mr. Brian Whitehall City AdnanistV6 ,61 of Okeechobee, 55 S.E. Third Avenue, Okeechobee, or telephon 863-763.3372. The hapPuuMlcc hh�eaaring is being conducted in a handicapped accessible location. qny ly nmPaued sealrlecor�etl Mr aWhdehallaaat leastm�eeccale ndar aysappnor o ifee meeting and an interprela will be provided. Any non-Erhylish speakirg Person wishing to apttnend the public hearing should contact Mr. Whitehall at least five cal - access ayiefecommu cabn meeting vie for Dd a language af �Peersoonns (TDD) will please provided. To accomdaR modation at tits m0eet A should contact M(r. Whcert hatl sonat requiring ast five can calendar aP Person requir ng special days prior to the meeting. Pursuant to Section 102 of the HUD Reform Act of 1989, the following disclosures will be submitted to DCA with the application The disclosures will be made available by the City Okeechobee and DCA for public inspection upon request These disclosures will be available on and after the date of submission of the ap Plication and shall continue to be available for a minimum Period of sic years. 1. Other govffnfmnt (federal, state and local) assistance to the Project in the farm be a tigff, grad, loan, guarantee, insorance payment, rebate, subsidy credo, tax benefit, or any other form of direct or indirect benefit by source and idy amount 2. The idenntines and pecuniary interests of all developers, contractors, or consul- tants involved in the application for assistance or in the planning or development Of the Project or activity; 3. The t in th es arid pecuniary interests of arry other Persons with a Pecuniary in- terest in a Project that can reasonably be expected to exceed $50,000 or 10% of the gram request (whichever is lower); TOr In two those 2) Of three(3) above wh clh are coan rporations Property owners. or others listed cation and pecuniary are ice orporations, or other ernttes, the idenrofi- principal stockhblder, or other official off the entitonsy r of each ofFicer, director, Th 'led sources of all Prov(d of those funds and theamountProds to be ovided; and ded to a Project by each of the The expected uses of all funds by activity and amount. on Fair Housing will also be conducted for elected officials ublic. 70TARY PUBLIC -STATE OF FLORIDA Angie Bridges Commission #DD779718 Expires: APR. 20, 2012 .VDED THRU ATLANTIC BONDING Co., INC. qlg�_ 4h�btl c? mcnuft � �-- • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a i❑ the matter of tea► J��MI Mv A_.I, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of G Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and ssub`cribed before me this —5-!5q day of t r A.D. 20 d0 Notary Public, S a e of Florida at Large PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, Se bar 16, 2008 at 5:01 p.m., or as soon thereafter as possible, at City HaN, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final readu, of the Ordinance into law: NO.1026: AN ORDINANCE CLOSING, VACATING AND ABA DONING THE ALLEYS OR AL. LEYWAYS AND STREETS OR RIGHTS -OF -WAY AS DESCRIBED HEREIN, EAST TO WEST ALLEYWAY WITHIN BLOCK 186, CITY OF OKEECHOBEE, AND A PORTION OF SOUTHWEST STH STREET AND SOUTHWEST 4TN AVENUE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RE- SERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; 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; PROVID- ING FOR AN EFFECTIVE DATE. The ordinance is regardtn Street and ASey Closing Application No. 91 submitted by the First Baptist Chumh of Okeechobee. The request is to close the East to West alleyway of Block 186, Southwest 5th Street between Southwest 3rd & 4th Avenues and Southwest 4th Avenue between Southwest 4 & 51h Streets, C'dy of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. AN members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entkelyby members of the ppuubic in the Office of the City Clerk during regular business hours, Mon-fti, Sam-4:30pm, excepptt for holidays. PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which LrjDI-800-955-13T70171 ncludes the testimony and evidence upon whit the appeal is to be based. rk media are for the sole purpose of backup for official records of the Clerk ordance with the Americans with Disability Act (ADA) and Florida Stables persons with disabilities needing special accommodation to participate k ceeding should contact Lane Gamiotea no later than two (2) work ng days the proceedi at 863-763-3372 x215; I hearing or voice impaired, cal00-955-87701voice) or 1-800-955-8771 (T M. amiotea, CMC, CITY CLERK ON W5108 NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges ,0"Commission # DD779718 - Expires: APR. 20, 2012 Bi.,YDED THRU ATL,AIMC BONDING Ca, INC VA, Zilhdotl,5 REVISED AUG 19r" Tin READ - EXHIBIT NO. SEAT 16 - FINAL - EXHIBIT NO. ,3 ORDINANCE NO. 1026 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AND STREETS OR RIGHTS -OF -WAY AS DESCRIBED HEREIN, EAST TO WEST ALLEYWAY WITHIN BLOCK 186, CITY OF OKEECHOBEE, AND A PORTION OF SOUTHWEST 5T" STREET AND SOUTHWEST 4T" AVENUE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLU LM EASEMENT FOR PUBLIC UTILITIES PURPOSES,4ANTING 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 a Street and Alley Closing Application (No. 91) from the First Baptist Church of Okeechobee for the closing of a certain alleyway and a portion of a certain streets or rights -of -ways as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway and streets or right-of-ways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A fifteen foot wide alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 186, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with That portion of Southwest 51 Street, lying between the West boundary line of Southwest 3r' Avenue and East boundary line of Southwest 4t' Avenue and between the Southern boundary line of Lots 7 to 12 of Block 186 and the Northern boundary line of Lots 1 to 6 of Block 195, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with That portion of Southwest 4th Avenue, lying between the South boundary line of Southwest 4th Street and the South boundary line of Southwest 5th Street and between the West boundary line of Lots 6 and 7 of Block 186 and West Boundary line of Southwest 5th Street and the East boundary line of Lots 1 and 12 Page 1 of 2 of Block 187, and East boundary line of previously abandoned Southwest 5th Street, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the alleyway located in said Block 186, CITY OF OKEECHOBEE and along the portions of Southwest 41h and 51h Streets and Southwest 411 Avenue. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 16! day of September, 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 19th day of August, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 16t'' day of September, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • DIIBIT 3 AUGUST 5, 2008 July 29, 2008 Dear Mayor and Council: The First Baptist Church of Okeechobee has created a "New Building Committee" (NBC) to work with architects and civil engineers in order to move forward with creating and then build a new sanctuary and classrooms. In order to meet all city codes we will need to apply to close several streets and alleys. Attached is a copy of the site plan to show how the properties can be contiguous once the streets and alleys are closed. Please note that the East to West Alley in Block 188 is indicated to be closed. However, that has been withdrawn from the application as the adjoining property owner would not give their consent. The other property owner involved, the Church of Jesus Christ of Latter -Day Saints, has signed their consent to closing the portion of Southwest 5t' Street between 3' and 4th Avenues, this is an unimproved grass street at this time. Easements are being requested from the utility companies, and we understand will be addressed in the ordinance. At a later date, as the church moves forward with construction, we will be working with each individual utility company in meeting their individual requirements to relocate the utilities as required. The church submitted traffic counts for Southwest 4th Street, as requested by City Staff. The documented count was completed on Monday, July 28 from 7 a.m. to 6 p.m. and noted that out of 112 cars that used 41h Street, 60 went to the ROC. Thank you in advance for your consideration of this application. Lane Gamiotea NBC Committee Member t �: 'y � ��- � • • • i �. III 'T � is/X. V f•V��,: p{ rre` I 4 '. i `d •P t/� hP I �e .s I ii i1�'. �'` —• rlfi :�� I�I�b.,. I .M.a. dfi!aLkal sattP �'di�'a*''"-�°.Htd ��` r ,�'8i1r8G �R 841r'�!��Tr.•� r 77,, 'r��yr8�""�'�'-�8� b �' _i I�;s �??x'r�ii �,�L� ' a/ 3r �p ?�q�,,a�� ., � 1►1 a. ■ r_ _ _ rt �{ 9 t z ti S� ! D'. aa�. a�tr € NN RPM ^ ►fix,.'r>r-l�✓''�_T`/trr'i § sd �: .11111��j +�' • _ • �Idr'iry.�??8.��"L'�i l!�r�l, �Y�''�' vdnT(a•% 'L• i ,t r' All , '� Z� a rmNn 1200 SE�WORSHIPTER POTENTIAL MAX. BUILDING TOTAL 1OR �� COVERAGE AREA 5,414 SF.6,182 NSPACE EXISTING PRESCHOOL _ ' GROUND LEVEL 2 CLASSROOMS AT ' - - � TOTAL 5,497 NSF. � 520 NSF TOTAL 1040NSF GROUND LEVEL 2. CLASSROOMS AT 556 NSF. i TODDLER/BED BABIES AT 277 NET 4 CLASSROOMS AT SECOND LEVEL AT 1341 NSF TOTAL ' TOTAL 7,730 NSF CLASSROOM SPACE 2 CLASSROOM AT GROUND LEVEL AT 556 NSF 4 CLASSROOMS AT SECOND LEVEL AT 1300 NSF TOTAL TOTAL 2,412 NSF CLASSROOM SPACE Construction Phase 2 t-•4 z T j.I ED[. f M Fm x •ter; Y Master Site Plan SCALE: 1 INCH = 50 FEET m" First Baptist Church of Okeechobee • Okeechobee, Florida • - Schwab, Twitty & Hanser Architectural Group, Inc. Okeechobee County Property Appraiser -,A&p Printed on 10/4/2007 4:39:02 PM Page 1 of 1 SUBJECT STREET AND ALLEYWAYS SURROUNDING CLOSED STREETS AND ALLEYS PROPERTY OWNED eY FsC CITY OF OKEECFSEE STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF PPLICANT: Emory WaI r, Registered Agent The foregoing instrument was acknowledged before me this Oc%L& 3/ -7ef by (date) Emory Wa/ker, who is personally known to me or who produced (applicant) and who did (did not) take oat . Notary Public, Commission No. NOTARY PU�BUU-S AISOF FLORIDA Phyliss Gayle Hodges (Name Of Notary typed, printed or stamped) �L.omm1sSion ITi552632 My Comm. Expires: 05/15/2010 as identification .'"' 7 "'?J.,'0 ' � i 3 { ��" RR ALLEY AND STREET CLOSING CONSENT LETTER Date: March 31 , 2008 To: The City of Okeechobee, Office of the City Clerk Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints, owns the following property: Lots 1 to 12 of Block 195, city of Okeechobee Subdivision as recorded in OR Book 202, Page 407, and does hereby consent or agree To the closing of the streets described below: That portion of Southwest 5tn Street between Southwest 3d and 4tb Avenue and lying between Block 186 and 194, city of Okeechobee Subdivision. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah C oration Sole (Property Owner) By: '/ Au orized A ent Print Name of Authorized Agent: r-, STATE OF UTAH : ss COUNTY OF SALT LAKE On this `� dayof , personally appeared before me personally known to be an Authorized Agent of CORPORATION OF THE BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, who acknowledged before me that he signed the fore -going instrument as Authorized for CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS MST OF LATTER-DAY SAINTS, a Utah corporation sole, and that the seal impressed on the within instrument is the seal of said Corporation; and that said instrument is the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said Corporation and that said Corporation executed the same. FLORA D. WRIGHT Not Public 1._ NOTARY PUBLIC - STATE OF UTAH $ 50 E. NORTH TEMPLE STREET SALT LAKE CITY, UT 84150 MY Comm. Exp. 10/10/2009 ----MHR-LU-CUUDk��'Ul LILY Ur uKeecnou-8e-- Page 2 ljoh" , ,UJ —vim A it_F77 i��•C,�r-I f��y.�. ��i..t.,..:��d��E�`:'��A�III�R�p��l��i��r � }!� 1� :d Signature v For City of P,,g 3 +1,rJ LA )ed Name & Titls - k t / o®s 1—lew. W3-allf1 %'.?/-O� Phone No. Date dam ions lea . u echobee & Flrst Addition to Cihr of Okeechobee Subdivisions: L !z "AfC,4C-•tctr O A r,- t i t 7->7`- L IA.331S-f 0Y Typed Name & Title Phone No. - - Date First Baptist Church of Okeechobee WATER CONFLICTS SW 4th Street between SW 5th Avenue & SW 6th Avenue Existing 2-inch water main located within existing R/W, currently serves residence Back Alley Block 188 Existing 2-inch water main located within existing alley, currently serves residence SW 4th Avenue between SW 4th Street & SW 5th Street Existing 2-inch water main located within existing R/W, should stay in service if possible Back Alley Block 186 Clear SW 5* Street between SW 4th Avenue & SW 3rd Avenue Meter at NW comer of Block 195 WASTEWATER CONFLICTS SW 4th Street between SW 5th Avenue & SW 6th Avenue Nothing existing, however this would be the logical route to serve area to west if sewer required in the future Back Alley Block 188- Existing lateral located within existing alley, currently serves several residences SW 4th Avenue between SW a Street & SW Sth Street Clear Back Alley Block 186 Clear SW 5th Street between SW 4th Avenue & SW 3rd Avenue Clear Pt C q j ' Page 3 • Donnie Robertson, Public Works b 19car " Date Bermudez, City Engineer Dat F pRbt t th Den Davis, Chief of Police Date r riJ/IRM- 1OWN Bria Whi a Ii, City - dministrator Dalo � '.�� .:o Lam; I I' �!� -.r -� � � ALi • i NMI I LA E GAMIOTEA, CIVIC, CITY CLERK ri-,m-a9 DATE 7, 08 Traffic Count for SW 5th Avenue & SW 4th Street Church Traffic Through Traffic 7:00-7:30 7:30-8:00 8:00-8:30 8:30-9:00 9:00-9:30 it 9:30-10:00 It 10:00-10:30 1 10:30-11:00 11:00-11:30 11:30-12:00 12:00-12:30 12:30-1:00 is 1:00-1:30 1:30-2:00 C�) 2:00-2:30 2:30-3:00 3:00-3:30 3:30-4:00 lil 4:00-4:30 4:30-5:00 5:00-5:30 5:30-6:00 Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: October 09, 2007 Re: Alley — and City Streets closing application for the First Baptist Church of Okeechobee Besides all the issues concerning severe drainage problems in City of Okeechobee, I the City Engineer can not understand the senseless request made from the First Baptist Church to obtain some of busies and more needed streets of our City. More than two years ago, I disapproved similar petition when the same Church requested that the City to abandon an existing and functional street. At that time they obtained their goal, but this time I consider their petition simply selfish and goes against City Residents. It is the Engineering Department's opinion and my personal comment that the City of Okeechobee Council shall not approve to abandon either City Alley or the City functional Streets. • 9/16 EXHIDIT 3 Additional Info #2 MEMORANDUM TO: Mayor Kirk, Council Members Markham, Watford, C. Williams, L. Williams, Administrator Whitehall and Attorney Cook FROM: Lane Gamiotea, City Clerk-� SUBJECT: Areas in the City where streets were closed that created "dead -ends" DATE: September 16, 2008 1 was asked to identify areas where streets were closed that basically created a "dead-end." I tried to only find areas where a street was already established. The map attached will help locating the area. 1. NW 81' Avenue, the road closure stops at the alley in Block 10 2. NW 3ro Avenue (the street was paved half way, later United Feed applied for the closing of the entire street) 3. NE 2"d Avenue - Attaway Lumber Yard, road stops at south line of Lot 3/Blk 57 & Lot 13/Blk 56 4. NE 31 Avenue - Attaway Lumber Yard, road stops at south line of Lot 2/Blk 56 & Lots 12/Blk 55 5. SW 4' Avenue between 20' & 21s' Streets FC--i-ty :o—fOkeechobee Fture Land Use ON OECEMBER 4.2007 CHANDES 0.5 0.75 1 " WERE MADE TO THE OFFICIAL 0 0.125 0.25 Miles ' � FUfURE LAND USE MAP THROUGH �� APPLICATION 07-014SSA General Notes: Alleys shown hereon are 15 or 20 feet in width. See appropriate subdMsion plat for specific alley widths. This map has been compiled from the most current data available. The City of Okeechobee is not responsible for any errors or omissions contained herein. TO: FROM: SUBJECT: DATE: MEMORANDUM 40 Rddc��ex- Tn-F� mu?ufr � C� Mayor Kirk, Council Members Markham, Watford, C. Williams, L. Williams, Administrator Whitehall and Attorney Cook Lane Gamiotea, City Clerk av Additional information requested for FBC Street & Alley Closing #91 September 12, 2008 As suggested at the first reading, below is the information provided by email from Steve Dobbs, Project Engineer. Below are several "specific" reasons why FBC needs to close the streets and alleys in order to meet city requirements to develop a building the size that is proposed. These were issues that FBC's Engineer and Architect discussed with City Planning Consultant, Bill Brisson on July 3, 2008. (1) Allows for the use of shared parking. (2) Allows the Church to calculate impervious surface coverage based on the whole site rather than on a block -by -block basis. (3) Allows the Church to calculate setbacks based on the whole site rather than on a block -by -block basis. (4) Allows the Church to calculate open space coverage based on the whole site rather than on a block -by -block basis. (5) Allows the Church to calculate building coverage based on the whole site rather than on a block - by -block basis. (6) Create a Unity of Title for all three blocks, which would allow all of the properties to be treated as one parcel, which then allows items 2-5 above to be accomplished. Without this, the church could possibly have to demolish buildings they did not intend to. These are existing buildings that have been remodeled in the last two to three years. The following excerpt is from a written correspondence from the City Planners, who suggested the unity of title approach to FBC since the City does not have a PUD approach that could be utilized. "We feel comfortable that, with a unity of title, developing the entire project as one use and calculating building coverage and impervious surface coverage on the basis of the entire property will achieve the goals intended by such regulations." • • Okeechobee Main Street, Inc iV yr r 2nd and 3rd Quarter Update August 28,, 2008 0 i w I--+ 3 s • Hired a new Executive Director: Toni Doyle OZA • Submitted State quarterly reports for 2nd Qtr 2008. Professional Service volunteer hours - 130 hours = $3.500.00 Non -Professional Service volunteer hours —1175 hours = $79226.25 Total volunteer hours 1305 = $10,726.25 • Awarded $5000 grant from Waste Management, matched by $10,000 from local nurseries for trees. • Completed and dedicated our 3rd mural project on the Embarq building • Submitted Historic Preservation Ordinance to the City for review and approval. • Received the 2008 National Main Street Program accreditation. • Way finding signs have arrived. Working with City and FDOT on permits and installation. • Successful 2nd annual National Day of the American Cowboy event • Created the weekly Main Street Clipboard which provides information to our members on the various events in town. What Have We Done? 0 0 What Have We Done? • City entrance signage is in the engineering & permitting process • Developed Corporate Membership levels for our business members which provides annual sponsorships to all of our events • Increased membership by 48 ( 32 business and 16 Friends of Main Street) • Joined the Florida Research Coast Economic Council • Developed a plan to execute the existing County Economic Development Plan •Economic Restructuring Committee is developing the following plans: •Marketing and Inventory Resource` •Membership and funding *Developing job recruitment • Continuing negotiations with the City, CSX and Amtrak on train depot acquisition and restoration • Partnering with Florida's Blood Centers: sponsored two blood drives in Okeechobee and collected 103 pints of blood. Third is scheduled 11-14115 Y,t,�(� r y 1 a f1 1 ! What"s Ne x • I Y • Partnering with OCCA for the Labor Day Rodeo • Partnering with The Friends of the Battlefield for the upcoming re- enactment • Partnering with the County Fair Association • Preparing for the Halloween event at the Agri -Civic Center • Partnering with Accardi-Milrot Jeep, Dodge & Chrysler in the development of a marketing plan to reward people to "Shop in Okeechobee". • Complete the Adopt -a -Median program and present it to the BOCC and City Council for approval. • 7th annual Top of the Lake BBQ Affair on Jan 23/24, 2009 at the Agri - Civic Center • 3rd annual Top of the Lake Art Fest on Feb. 28 & Mar.1, 2009 in Flagler Park 6:39 PM 08/27/08 Cash Basis *Okeechobee Main Street, Inc. • Profit & Loss October 2007 through July 2008 Ordinary Income/Expense Income 4650 • 2007 Fun Shoot 465005 • Golf Cart Fee 465004 • Sponsor Fees 465003 • Redeposit of Starting Cash 465002 • Raffles 465001 • Entry fees Total 4650 • 2007 Fun Shoot 4403 • Cowboy Day 440316 • Starting Cash Re -Deposit 440315 • Soft Drinks 440314 • Beer Sales 440312 BBQ Contest 440311 NDOTC Vendor fee 440310 • Silver Sponsorhip 440309 • Gold Sponsor 440308 • Platinum Sponsor 440307 • Bronze Sponsorship Total 4403 • Cowboy Day 7800 • Juried Art Show Income 7803 • Art Sponsor 7804 • Booth Fee 7805 • Application Fee 7800 • Juried Art Show Income - Other Total 7800 • Juried Art Show Income 4402 • Refunds 4999 • House Income 499901 • Waste Management 4999 • House Income - Other Total 4999 • House Income 4500 • Contributed support 4578 • Halloween Candy Donations 4577 • 50 50 4576 • Grill Raffle 4575 • Honey Baked Ham Sales 4574 • People's Choice 4573 • Beer Sales 4564 • TDC Advertising Reinbursement 45643 • National Day of the Cowboy 45642 • Art Fest 45641 • BBQ Total 4564 • TDC Advertising Reinbursement 4563 • Soft Drink 4551 • BBQ Entry Fee 4557 • Electrical Fee 4556 • RV Site 4555 • Additional BBQ Site 4554 • Vending Fee 4551 • BBQ Entry Fee - Other Total 4551 • BBQ Entry Fee 4560 • Pledges 4550 • BBQ Sponsorship 4210 • Corporate/business grants 4540 • Local government grants 4500 • Contributed support - Other Total 4500 • Contributed support Oct '07 - Jul 08 300.00 150.00 400.00 1,696.00 4,005.00 6,551.00 1,000.00 822.05 884.00 400.00 1,700.00 3,750.00 3,000.00 4,000.00 1,100.00 16,656.05 2,015.00 1,850.00 600.00 936.00 5,401.00 163.15 51.60 2,094.00 2,145.60 70.00 1,278.08 545.00 6,158.23 740.00 3,347.00 3,133.00 1,485.00 2,346.00 6,964.00 1,884.00 375.00 30.00 410.00 370.00 8,525.00 9,710.00 245.00 5,141.22 2,500.00 40, 000.00 250.00 78,832.53 Page 1 6:39 PM •Okeechobee Main Street,• Inc. 08/27/08 Profit & Loss Cash Basis October 2007 through July 2008 4600 • Membership 4601 Family 4602 Friend 4603 • Large Business 4604 • Medium Business 4606 • Small Business Total 4600 • Membership Total Income Expense 9075 • National Day of the Cowboy 907512 • Beer Expense 907510 • Rental Expense 907509 • Arnold's Wildlife Donation 907507 • BBQ Prize Money 907506 • Poster Expense 907505 • NDOTC Security 907504 • Beer License 907503 • Drink Expense 907502 • Signage 907501 • Starting Cash 9075 • National Day of the Cowboy - Other Total 9075 • National Day of the Cowboy 9050 • Fun Shoot 905108 • Prize Expense 905106 • Trapper Expense 905105 • Golf Cart Rental 906104 • Shoter Expense 905103 • Refreshments 905102 • Starting Cash Total 9050 • Fun Shoot 9000 • Art Fest 9013 • Scholarship Fund 9012 Tent Rental 9011 Starting Cash 9010 • Art Posters 9009 • Ribbons 9008 Trophies 9007 Marketing Expense 9005 • Art Winner 9004 • Art Judges 9002 Signage 9001 Supplies Total 9000 • Art Fest 7700 • Honey Baked Ham Purchases 8000 • Halloween Festival 8002 • Sign Expense 8001 • Halloween Candy 8000 • Halloween Festival - Other Total 8000 • Halloween Festival 7900 • Mural Projects 7905 Artist Payment 7901 Mural Paints Total 7900 • Mural Projects Oct '07 - Jul 08 50.00 700.00 500.00 2,500.00 5,550.00 9,300.00 119, 049.33 328.30 1,314.18 150.00 175.00 292.60 700.00 25.00 882.16 1,445.00 1,400.00 1,071.55 7,783.79 392.40 120.00 200.00 2,200.00 950.00 400.00 4,262.40 500.00 1,504.50 400.00 444.50 143.62 239.21 2,078.00 3,000.00 100.00 342.00 567.27 9,319.10 5,708.32 672.50 431.48 0.00 1,103.98 5,000.00 80.00 5,080.00 Page 2 6:39 PM 08/27/08 Cash Basis 4kkeechobee Main Street Inc. • Profit & Loss October 2007 through July 2008 8900 • BBQ Competition Expenses 8928 • Arena Rental 8927 • Security Expense 8926•Beer Expense 8925 • Beer License Expense 8924 • Media Expense 8922 • Cash Boxs 8921 • Electrical Expense 8917 • Misc Expense 8916 • Sanitation Expense 8912 • Rental Equipment Expense 8911 • Entertainment Expense 8909 • Prize Money Expense 8908 • Cold Drink Expense 8907•Ice Expense 8906 • Trophies Expense 8903 • Condiment Expense 8902 • Office Supplies 8901 • FBA Expenses Total 8900 • BBQ Competition Expenses 8600 • Business expenses 8680 • Checking Acct Service Chg 8610 • Bad debt expense 8670 Organizational(corp)expenses 8620 Sales taxes Total 8600 • Business expenses 8500 • Misc expenses 8570 • Advertising expenses 8520 • Insurance - non -employee 8530 • Membership dues - organization 8590 • Other expenses 8560 • Outside computer services 8540 • Staff development Total 8500 • Misc expenses 8100 • Non -personnel expenses 8180 • Books, subscriptions, reference 8160 • Equip rental & maintenance 8140 • Postage, shipping, delivery 8170 • Printing & copying 8110 • Supplies Total 8100 • Non -personnel expenses 8200 • Occupancy expenses 8264 • Waste Management 8263 • OUA 8262 • Newspaper 8261 • Cell Phone 8270 • Security System Expense 8210 • Rent, parking, other occupancy 8220 Utilities 8260 Telephone & telecommunications Total 8200 • Occupancy expenses 7500 • Other personnel expenses 7520 • Accounting fees Total 7500 • Other personnel expenses 6560 • Payroll Expenses 7200 • Salaries & related expenses 7260 • Florida UC Fund Total 7200 • Salaries & related expenses Oct '07 - Jul 08 1,460.25 500.00 723.83 25.00 2,576.00 700.00 1,325.00 400.00 225.00 1,083.50 675.00 7,500.00 615.36 214.00 1,654.00 191.10 786.17 1,315.52 21,969.73 6.00 355.24 61.25 333.66 756.15 771.80 540.70 1,535.00 688.79 239.00 275.00 4,050.29 275.00 169.00 13.94 177,35 831.19 1,466.48 69.12 53.11 29.43 884.05 54.00 6,496.00 1,705.35 1,332.60 10,623.66 1,125.00 1,125.00 27,424.62 17.06 17.06 Page 3 6:39 PM SOkeechobee Main Street, Inc. 08/27/08 Profit & Loss Cash Basis October 2007 through July 2008 8300 • Travel & meetings expenses 8350 • Tolls 8340 • Hotel 8330 • Meals 8320 Conference,convention,meeting 8310 Travel 8300 • Travel & meetings expenses - Other Total 8300 • Travel & meetings expenses Total Expense Net Ordinary Income Other Income/Expense Other Expense 9800 • Fixed asset purchases 9830 • Capital purchases - equipment Total 9800 • Fixed asset purchases Total Other Expense Net Other Income Net Income Oct '07 - Jul 08 29.40 291.16 172.48 200.00 497.97 620.46 1,811.47 102,502.05 16, 547.28 881.95 881.95 881.95 -881.95 15,665.33 Page 4 LAKE VIEW 200 NW 5th Street ZBUILDERS, INC. Okeechobee, FL 34972 _ r www.lake-view-builders.com State Certified Building Contractors September 16, 2008 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 To Whom It May Concern: Office: 863 -763 -3100 Fax: 863 -763 -4455 "Let Experience Work For )ou" On September 15, 2008, I conducted a visual inspection of the Old Depot Building. The structure of the building appears to be in good condition throughout. The walls are plumb and straight. This building can be restored to its original beauty and luster. At this time, I am seeking out an architect and structural engineer to do a more thorough examination of the structure including the roof before work begins. I am also exploring the possibility of gaining additional support from subcontractors who may be willing to donate time and/or materials to this project. The restoration of this beautiful old building will definitely be a great asset to the City of Okeechobee. I am looking forward to working with Main Street and The City to restore this landmark. If there are any questions, please feel free to contact me. Thank you, /r �- Elbert R. Batton, President cc: Okeechobee Main Street 1� SEPT Y MEMORANDUM TO: Mayor and Council FROM: Lane Gamiotea, City Clerk SUBJECT: Purchase of Software Upgrade for Records System DATE: September 3, 2008 Several years ago, the Council approved the purchase of a stand alone Laser Fiche Software, Computer and Scanner system to assistwith the State requirement of Records Management. This system has been an asset to my department in organizing and retrieving documents. At the time of the purchase I explained that this was the first step and eventually we would want to expand the system so that other offices within the City could utilize the system. Since that time their technology has expanded and they have also added a "web link" where citizens can go to the city's web site and search for the records at their leisure and print them at their home. During the 2007/08 budget process I requested, and the Council approved $19,290.00 in order to upgrade this system. This item is also included in the City 5-Year Capital Outlay Plan of the Comp Plan. I am respectfully requesting that you consider approving the purchase of the Laser Fiche upgrade, in the amount of $16,475.00 to Municipal Code Corporation. If you want "first hand" knowledge how the web link system works, please log on to http://www.cityofsebastian.org and click at the top left corner "Public Records" the page will then have instructions to click the laser fiche web link. You can search their records by putting in a word or two and A will search all the system to show you the documents that have the topic you were looking for. Please let me know if you have any questions. Thank you. is • EXISTING SOFTWARE & SUPPORT Q 1 LF Executive Credit -$2,492 RI LF Executive LSAP Credit -$518 -$518 Total Software & Support Credit -$3,010 NEW SOFTWARE & SUPPORT Q 1 LF Group Server $ 50 Q 1 LF Group Server Basic LSAP $450 Q 2 LF Full User United ($750 each) *includes snapshot and email $1,500 Q 2 LF Full User United Basic LSAP ($150 each) $300 Q 10 LF Retrieval User United ($300 each) *includes email $3,000 Q 10 LF Retrieval User United Basic LSAP ($60 each) $600 Q 1 LF Weblink $7,995 Q 1 LF Weblink Basic LSAP $1,590 Q Project Management Services $1,800 Total Software & Support $19,485 PAYMENT & BILLING TERMS MCCi will invoice 100% of the total contract amount upon ordering of software. Payment will be due upon receipt of an invoice. Total Cost $16,475 PROFESSIONAL SERVICES PROPOSAL MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserfiche Software & Services to the City of OKEECHOBEE, FL, a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the existing terms and conditions. Submitted by MCCi, LLC on September 3, 2008: Accepted this day of , 2008 by the City of OKEECHOBEE, FL Signature Title: SEAT 16" - f READ - EXHIBIT NO. SEAT 30T" - FINAL - EXHIBIT NO. ORDINANCE NO. 1027 AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 6.7432 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 3.45 PERCENT (3.45%) LESS THAN THE ROLL- BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1: The City Council of the City of Okeechobee. Florida hereby levies a tax of 6.7432 per thousand dollar valuation on all real and personal property within the corporate limits of said City, provided however, that 6.7432 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead on the general laws of the State of Florida. Section 2: That as designated in Section 1, hereof, 6.7432 per thousand dollar valuation shall be used for general City purposes in carrying on and conducting the government of said City. Section 3: The millage rate adopted is 3.45 percent less than the roll -back rate as computed in accordance with Florida Statutes Section 200.065 (1). Section 4: That this ordinance was proposed, considered and adopted under the provisions of Florida Statues Chapter 166 and Section 200.065. Section 5: This ordinance shall take effect October 1, 2008. INTRODUCED for first reading and public hearing on the 16t' day of September, 2008. James E. Kirk, Mayor ATTEST: LANE GAMIOTEA, CMC, CITY CLERK PASSED AND ADOPTED after second reading and second public hearing on the 30'h day of September, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney SEPT 16r" - ItEAV EXHIBIT NO. '7 SEPT 30TH - FINAL EXHIBIT NO. ORDINANCE NO. 1028 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEARTHE CITY OF BEGINNING OKEECHOBEE, FLORIDA, FOR OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009949H CH BUDGET SETS ,447NOO,TRANSFER-IN92.00; EVENUES OF $$337,7eO 9 AND EXPENDITURES OF $5 TRANSFER OUT $78,000.00, LEAVING A FUND BALANCE OF $9,492,815.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $965,418.00 AND EXPENDITURES OF $565,968.001 TRANSFER OUT $337,929.00, LEAVING A FUND BALANCE OF $61,521.00; CAPITAL PROJECTS IMPROVEMENTS FUND REVENUES OF $734,750.00 AND EXPENDITURES OF $60,000.00, TRANSFER OUT $600.00, LEAVING A FUND BALANCE OF $674,150.00; CAPITAL PROJECTS -VEHICLES FUND REVENUES OF $888,833.00 AND EXPENDITURES OF $881,251.00, TRANSFER IN $78,000.00, LEAVING A FUND BALANCE OF $85,582.00; LAW ENFORCEMENT LEAVING A FUND BALANCE AL FUND REVENUES OF $3,137.00 AND EXPENDITURES OF $0 00 OF $3,137.00; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1: The City Council of the City of Okeechobee, Florida, after having held a public hearing on the annual budget, including General Fund, Public Facilities Improvement Fund, Capital Projects Improvement Fund, Capital Projects -Vehicles Fund, and Law Enforcement Special Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the fiscal year beginning October 1, 2008 and ending September 30, 2009. GENERALFUND Revenues $9,232,513.00 Fund Balance $2,202,784.00 Ad Valorem Taxes - 6.7� $1,364,125.00 Other Fees $1, Intergovernmental Revenue 29,619.00 $$29,600.00 Charges for Current Services $21,009.00 Fines, Forfeitures and Penalties $121,009.00 Uses of Money and Property $174 738.00 Other Revenues $14,680,490.00 Total Revenues T Transfer -In from Public Facilities Improvement Fund $337 929.00 TOTAL REVENUES AND TRANSFERS $15,018,419.00 Page 1 of 3 _Expenditures Legislative Executive $138,938.00 City Clerk $167,320.00 Financial Services $188,011.00 Legal Counsel $208,191.00 General Services $125,732.00 Law Enforcement $458,898.00 Fire Protection $1,824,008.00 Road and Street Facilities $1,251,345.00 Total Expenditures $1.085.502 00 $5,447,945.00 Transfer -Out to Capital Projects -Vehicles Fund TOTAL EXPENDITURES AND TRANSFERS — $78 000 00 $5.525.945 00 GENERAL FUND BALANCE $9,492,475.00 PUBLIC FACILITIES IMPROVEMENT FUND Revenues Fund Balance Revenues $344,502.00 Total Revenues $620,916.00 $965,418.00 Expenditures Total Expenditures $565,968.00 Transfer -Out to General Fund _ $337 929 00 TOTAL EXPENDITURES AND TRANSFERS $903 897 00 PUBLIC FACILITIES IMPROVEMENT FUND BALANCE $61,521,00.00 CAPITAL PROJECTS IMPROVEMENT FUND Revenues Fund Balance Revenues $718,600.00 Total Revenues $16,150 00 $734,750.00 Expenditures Total Expenditures $60,000.00 Transfer -Out to General Fund $600 00 TOTAL EXPENDITURES AND TRANSFERS _ $60.600 00 CAPITAL PROJECTS IMPROVEMENT FUND BALANCE $674,150.00 CAPITAL PROJECTS -VEHICLES FUND Rev_ Fund Balance Revenues $24,272.00 Total Revenues $864.561.00 $888,833.00 Transfer -In to General Fund $78.000 00 TOTAL REVENUES AND TRANSFERS $966,833.00 Page 2 of 3 Expenditures Total Expenditures $881.251.00 CAPITAL PROJECTS -VEHICLES FUND BALANCE $85,582.00 LAW ENFORCEMENT SPECIAL FUND Revenues Fund Balance $3,127.00 Revenues _ $10.00 Total Revenues $3,137.00 Expenditures Total Expenditures $0.00 LAW ENFORCEMENT SPECIAL FUND BALANCE $3,137.00 Section 2: That this ordinance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statues. Section 3: This ordinance shall be effective October 1, 2008. INTRODUCED for first reading and public hearing on the 16th day of September, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor ADOPTED after final reading and second public hearing on the 301h day of September, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor 01 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #: 4 Edited Date: 8/27/2007 Edited India Riedel 2005/2006 2006/2007 2006/2007 2007/2008 BUDGET. ACTUAL BUDGET ESTIMATE PROPOSED TO BUDGET PERSONNEL COST: 1100 EXECUTIVE SALARIES 44,527 48,028 48028 50,065 2,037 1200 REGULAR SALARIES 28,367 29,912 29912 31,180 1,268 1300 OTHER SALARIES 9,466 13,229 13229 13,427 198 1510 LONGEVITY/SERVICE INCENTIVE 0 0 0 0 0 2100 FICA 57964 6,975 .6975 6,315 -660 2200 RETIREMENT 7,871 8,605 8605 9,060 455 2300 LIFE AND HEALTH INSURANCE 11,699 11,211 10900 11,489 278 2400 WORKERS COMPENSATION 1,799 690 690 759 69 TOTAL PERSONNEL COSTS: 109,693 118,650 118339 122,295 3,645 SUPPLIES AND OTHER SERVICES: 3103 MUNICIPAL CODE 0 350 3,500 0 ' ° 3,500 , - 0 3400 OTHER CONTRACTUAL SERVICES 7,5IA 8,500 8000 8,412 -88 4000 TRAVEL AND PER DIEM 1,205 2,700 1194 2,000,--'-700 4100 COMM_ & FREIGHT 3,116 3.800 3137 3,450 -350 4500 INSURANCE 0 6,452 6452 7,097 645 4609 R&MEQUMMENT 672 1,870 701 3,570 1,700 4900 ADVERTISING/OTHER CHARGES 6,502 21,000 9679 11,000 -10,000 4901 EDUCATION 1,137 2,000 1445 1,500 -500 4909 MISCELLANEOUS/ELECTION 1,343 5,700 5700 500 -5,200 05100 OFFICE SUPPLIES 1,498 2,500 1853 2,000 -500 5400 BOOKS, PUBLICATIONS, ETC 1,785 2,500 2285 2,300 -200 6400 EQUIPMENT ($750 OR MORE) 1,300 1,500 0 19,290 17,790 6401 JMICRO FILM EQUIPMENT 1,970 2,000 1118 0 -2,000 TOTAL SUPPLIES AND OTHER SERVICES 28,392 64,022 41564 64,619 597 TOTAL COST: 138,085 182,672 159903 186,914 Cost changes included in above cost Retirement contribution increased from 11.04 to 11.15%_ 2200 2300 Health Insurance Increase by 5.40/. 2400&4500 Work comp and Property/CasualtyProperty/Casualty est. increase of 10%. 4609&6401 Deleted Line Item 6401 and combined as Equipment Maintenance $1200 to 4609 Line 6400 Expansion of Laser Fiche Retention System Decrease of various Line. Items based on trend and past expenditures Page 7 CITY OF OKEECHOBEE Capital Outlay Summary - All Departments FIVE YEAR CAPITAL lTlnn AllL l,?t+wlTo nn f% n♦IX Improvements Current Budget FY05/06 Proposed Revenue Source FY06107 Proposed Revenue Source FY07/08 Proposed Revenue Source FY08/09 Proposed Revenue Source FY09/10 Planned. Revenue Source FY10/11 Planned Revenue Source Cl Hall 3 1 Imaging plans - Need more detail $2,000 A $2 000 A $2,000 A $2,000 A $2,000 4 Map cabinet $2,000 A 5 Furniture -Desk, chairs $1 100 A $800 A 6 Laser Fiche - change from stand alone system to networking system for City Hall, Police and Fire Subtotal $15 700 A,F � _ S2000„,. Fire 1 Ladder Truck $800,0001 D,F 2 Fire truck/Pumper $225,000 D, F, A 3 Brush truck $75 000 D F Subtotal€ Q 5800 000 ``_ a ... a" f. ' w ° S7S' 000,. c � 5225.000 Pollee 1 Computer System - Police/Di atch/Evidence/Proa $100,000 D. F. A 3 Squad Car E ui men( $40,000 $40.000 A $40,000 A $40 000 A $40,000 A $40,000 A 4 Handheld radios (new) Subtotals S0i000s n .p.,. a«...=.'F TS140 0081�-„�565000a S..' 3 S25,000 E A '...,e`+ $40'`Ot}0_ w.'} t �` " ;540'000, �� Public Works City barn91 garage doors City of Okeechobee Comprehensive Plan Capital Improvements Element