1046 Emergency Medical ServicesORDINANCE NO. 1046
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA;
REQUESTING AND CONSENTING TO THE INCLUSION OF ALL OF CITY
WITHIN AN AREA DESIGNATED BY OKEECHOBEE COUNTY TO
PROVIDE EMERGENCY MEDICAL SERVICES; PROVIDING FOR ANNUAL
RENEWAL OF SUCH REQUEST AND CONSENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) The Board of County Commissioners of Okeechobee County, Florida (the
"County"), is considering the enactment of an ordinance authorizing the
County to create or identify a specific geographic area within which the
County will impose and collect EMS tax assessments to fund the provision
of emergency medical services within incorporated and unincorporated areas
of the County.
(B) The City Council of Okeechobee has determined that the inclusion of the
incorporated area of Okeechobee within such specific geographic area by
the County for the purpose of providing emergency medical services is in the
best interests of the owners of property within the corporate limits of
Okeechobee. The City Council of Okeechobee approves and incorporates
the ordinance enacted by the County to the extent that the imposition of this
assessment provides a special benefit to each of the parcels to be assessed
by enactment of this ordinance within the City of Okeechobee.
SECTION 2. REQUEST AND CONSENT.
The City Council of Okeechobee hereby requests and consents to the inclusion of
all of the incorporated area of the City within a specific geographic area identified
by the County to provide emergency medical services, facilities, and programs and
to the imposition of an EMS tax assessment by the County in accordance with
Section 125.271, Florida Statutes, to fund such emergency medical services,
facilities and programs. Such request and consent shall become effective upon
adoption of this ordinance for the upcoming fiscal year. The City Council finds that
the provision of emergency medical services is an essential municipal purpose.
SECTION 3. ANNUAL RENEWAL OF REQUEST AND CONSENT.
Request and consent of the City Council of Okeechobee given to the County by this
Ordinance shall be deemed given in advance for each fiscal year hereafter and shall
be automatically renewed for each succeeding fiscal year unless such request and
consent is subsequently withdrawn as provided herein. Request and consent shall
be irrevocable for any fiscal year in which the subject emergency medical service
tax assessments are levied by the County within the incorporated area.
Okeechobee may only withdraw such consent for any subsequent fiscal year by
adopting an ordinance abandoning its consent and providing a certified copy of such
ordinance to the County prior to May 1 preceding the fiscal year for which consent
is being withdrawn.
Ordinance No. 1046 Page 1 of 2
SECTION 4. SEVERABILITY.
The provisions of this Ordinance are severable; and if any section, subsection,
sentence, clause or provision is held invalid by any court of competent jurisdiction,
the remaining provisions of this Ordinance shall not be affected thereby.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect as provided by law.
INTRODUCED for first reading and set for final public hearing on this 21 day of July,
2009.
PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of August,
2009.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SU, FICIENCY:
John R. Cook, City Attorney
Ordinance No. 1046 Page 2 of 2
f te„/
James E. Kirk, Mayor
James E. Kirk, Mayor
,M
The Board met this date in regular session in the Okeechobee Health Department Auditorium, 1728 NW 9 Avenue, at
9:00 A.M.
PRESENT: Chairman Clif Betts Jr., Commissioner Noel Chandler, Commissioner Joey
Hoover, Commissioner Ray Domer and Commissioner Margaret Garrard Helton
ABSENT: None
STAFF: Lyndon L. Bonner, Deputy County Administrator Robbie L. Chartier, Deputy
County Administrator Jim Threewits, County Attorney John D Cassels Jr.,
Planning and Development Director Bill Royce and Deputy Clerk Paula Poskon.
I. Commencement
Chairman Betts called the meeting to order. Reverend Paul Jackson, Sr. offered the invocation, after
which City Mayor James Kirk led the Pledge of Allegiance.
Okeechobee City Mayor James E. Kirk convened the public workshop with all City Council Members:
Dowling R. Watford, Jr., Lowry Markham, Clayton Williams, Mike 0 Connor, City Administrator Brian
Whitehall, City Attorney John R. Cook and City Clerk Lane Gamiotea.
II. Revisions
No revisions were proposed for the agenda
III. Public Comments
Chairman Betts opened the floor to public comments.
IV. Agenda
Thursday, July 9, 2009
Regular Session
Em spit «PAsg
Minutes of the Board of County Commissioners
Okeechobee County Florida
Attorney Elizabeth Maxwell read a letter from the Economic Council to the Board of County
Commissioners and City Council in support of the temporary suspension of the impact fees.
1. Consent Agenda (Items la. -1c.):
a. Approval of Minutes from the June 23, 2009 Regular Session.
b. Approval of Warrant List 13.
c. Emergency Management Performance Assistance Base Grant agreement to increase
amendment in the amount of $30,117.00, for a total amount of $128,843.00, this includes the
current amount of $98,726.00.
Commissioner Ray Domer moved, seconded by Commissioner Noel Chandler, to approve the consent agenda
(including items la.-1c.)
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
1 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
9:08:23 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
2. Public Hearings:
a. 9:00 a.m. Joint Public Workshop to discuss the implementation of the Emergency Medical
Services Special Assessment Program between the County Commission and the City
Council.
County Administrator Bonner convened the joint public workshop.
Lee Evett, Vice President of Willdan Financial Services gave a presentation regarding the
implementation of the proposed Emergency Medical Services /Ambulance Special Assessment
program with the City Council and the Board of County Commissioners.
9:21:57 AM Heather Encinosa, legal council with Nabors, Giblin and Nickerson was recognized.
Ms. Encinosa answered questions from City Council and the Board of County Commissioners.
9:22:05 AM Lee Evett led a discussion with the Board on how this program works.
9:46:02 AM Fire Rescue Director Nick Hopkins led a discussion and explained the costs to the
City and County
The Board of County Commissioners and the City Council had questions regarding fees and
assessments.
9:33:17 AM Heather Encinosa explained the fees.
10:35:18 AM Mack Worley was recognized. Mr. Worley addressed the board regarding the
assessment and property based service. He gave his opposing comments toward the program.
The City will hold its public hearing for the first reading of EMS Consent Ordinance on July 21,
2009, a second reading to adopt EMS Consent Ordinance will be August 4, 2009.
The County will hold their public hearing to adopt EMS Ordinance and adoption of EMS Initial
Rate Resolution on July 23, 2009 at 9:00 am.
The County will hold a community EMS workshop on September 3, 2009 at 5:30 pm and the
final Public Hearing to adopt the Rate Resolution on September 10, 2009 at 5:01 pm.
The City Council adjourned.
b. Letter Agreement with Affiliated Computer Services(ACS) Enterprise Solutions
Deputy Administrator Chartier addressed the Board regarding the Letter of Agreement between
Okeechobee County and ACS Enterprise Solutions. Ms. Chartier explained that it covers many
essential functions on the County's behalf, such as creating or adding programming at an
estimated cost of $1,275.00, creating, producing, and mailing 2009 assessment notices to
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
2 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
property owners affected by changes to fire assessment, residential solid waste assessment and
proposed Emergency Management Services assessment, at an estimated cost of $11,175.00 and
postage costs, for an estimated 15,000 pieces of mail, at an estimated cost of $5,025.00 for a total
cost of $17,475.00.
Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to take the
requested action of $17, 475.00 for the collection of assessments and to authorize the Chairman to sign and
execute the attached Letter of Agreement between Okeechobee County Board of County Commissioners and
ACS Enterprise Solutions for costs associated with production of a first class notice affecting property owners
within our special assessment programs.
11:04:05 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
11:23:48 AM
c. Public Hearing Petition R- 2009 0680 request for a change in zoning from Agriculture (A) to
Residential Single Family (RSF). Stuart Ledis, applicant.
Planning and Development Director Bill Royce addressed the Board regarding a request to
change the zoning for 13183 Highway 441 SE, from Agriculture (A) to the proposed
classification of Residential Single Family (RSF). Mr. Royce stated that the Planning Board
recommended by a vote of four (4) to two (2) that the Board of County Commissioners grant the
request.
Chairman Betts opened the public hearing to accept input from interested parties.
Attorney Devin Maxwell was recognized. Mr. Maxwell addressed the Board on behalf of Mr.
Ledis regarding all three (3) applications.
11:16:37 AM Dorothy Scopelitis was recognized. Ms. Scopelitis addressed the Board in
opposition to this request.
11:17:53 AM James Scopelitis was recognized. Mr. Scopelitis also addressed the Board in
opposition to this request.
11:18:47 AM Mr. George George was recognized. Mr. George is opposed to the commercial
request.
Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, to close the public hearing.
11:20:10 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Commissioner Joey Hoover moved, seconded by Commissioner Noel Chandler, to grant the request for a
change in zoning from the existing classification of Agriculture (A) to Residential Single Family (RSF) on
Petition R 2009 -0680.
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
3 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
d. Public Hearing Petition R- 2009 0681 request for a change in zoning from Agriculture (A) to
Residential Single Family (RSF), Stuart Ledis, applicant.
Planning and Development Director Bill Royce addressed the Board regarding the request to
conduct a public hearing and grant the request for a change in zoning at 12201 Highway 441 SE,
from the existing classification of Agriculture (A) to the proposed classification of Residential
Single Family (RSF). Mr. Royce stated the Planning Board unanimously recommended that the
Board of County Commissioners grant the request.
Chairman Betts opened the public hearing to accept input from interested parties.
Attorney Devin Maxwell incorporated his previous comments.
Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to close the public
hearing.
11:26:09 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Commissioner Domer questioned the right -of -ways in the county.
Commissioner Margaret Garrard Helton moved, seconded by Commissioner Joey Hoover, to grant the request
for a change in zoning from the existing classification of Agriculture (A) to Residential Single Family (RSF).
11:29:46 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
e. Public Hearing- Petition 2009- 0682 request for a change in zoning from Agriculture (A) to
Neighborhood Commercial 2 (NC -2), Stuart Ledis applicant.
Planning and Development Director Bill Royce addressed the Board regarding a request to grant
the request for a change in zoning for 12201 Highway 441 SE, from Agriculture (A) to
Neighborhood Commercial -2 (NC -2). Mr. Royce stated the Planning Board unanimously
recommended that the Board of County Commissioners deny the request.
Chairman Betts opened the public hearing to accept input from interested parties.
Mr. George George, stood before the Board in opposition to the request. Mr. George asked the
Board to deny the request.
Attorney Devin Maxwell stated the property owner, Mr. Ledis, has been working on this issue
for a number of years.
Mr. Ledis was not present at the meeting
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
4 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to close the public
hearing.
11:35:34 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Commissioner Margaret Garrard Helton moved, seconded by Commissioner Noel Chandler, to deny the request
for a change in zoning from Agriculture (A) to Neighborhood Commercial -2 (NC -2).
11:36:38 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
f. Public Hearing- Petition 2009 -0683- request for a change in zoning from Agriculture (A) to
Heavy Industrial (I -2),- Phillip Y. Berger, applicant.
Planning and Development Director Bill Royce addressed the Board regarding a request to grant
the request for a change in zoning for 9555 NE 128 Avenue, from the existing classification of
Agriculture (A) to the proposed classification of Heavy Industrial (I -2). Mr. Royce stated that
the Planning Board unanimously recommended that the Board of County Commissioners grant
the request.
Chairman Betts opened the public hearing to accept input from interested parties.
11:38:14 AM Phillip Berger was recognized. Mr. Berger addressed the Board regarding the
request.
Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, close the public
hearing.
11:38:39 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Chairman Betts recommended the request be granted.
Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, as recommended by the
Chairman to grant the request for a change in zoning from Agriculture (A) to Heavy Industrial (I -2).
11:39:24 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
g. Public Hearing- Petition B- 2009 0049 request to vacate Old Florida Ranch Subdivision
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
5 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
Planning and Development Director Bill Royce addressed the Board regarding a request to
conduct a public hearing and adopt Resolution 2009 -36 to vacate the plat of Old Florida Ranch
Subdivision returning all land within the boundary of the plat to acreage.
Chairman Betts opened the public hearing to accept input from interested parties.
Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, to close the public hearing.
11:41:48 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Commissioner Joey Hoover moved, seconded by Commissioner Margaret Garrard Helton, to adopt Resolution
2009 -36 to vacate Old Florida Ranch Subdivision.
11:45:15 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
3. General Business:
a. Petition B- 2009 -0050 Request that the County abandon a portion of a platted alley right -of-
way in Connors Highlands Subdivision.
Planning and Development Director Bill Royce requested the Board consider Petition B -2009-
0050, to abandon all of the 15 ft. of a platted alley right -of -way in Block 26 of Connors
Highlands subdivision.
Commissioner Noel Chandler moved, seconded by Commissioner Joey Hoover, to allow Planning and
Development to advertise for the abandonment and the north side.
11:48:14 AM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
b. Petition P- 2005 -0007 Request for renewal of contract for construction of required
improvements for Thoroughbred Estates Subdivision.
Planning and Development Director Bill Royce addressed the Board with a request to approve
and authorize the Chairman to execute a renewal of the contract for construction of required
improvements for Thoroughbred Estates subdivision.
Commissioner Hoover felt this item should have been pulled from the agenda due to some
differences between all parties. Mr. Hoover requests a short time extension to work out the
issues.
County Attorney Cassels led a discussion regarding the issue. Mr. Cassels prepared an
amendment to the contract.
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
6 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
12:00:42 PM Attorney Robert Crane who represents the developer of Thoroughbred Estates was
recognized. Mr. Crane addressed the Board regarding his client's property.
12:04:58 PM Commissioner Hoover asked Planning and Development Director Bill Royce how
long it would take to vacate the plat.
12:05:08 PM Planning and Development Director Bill Royce answered questions regarding the
procedures and length of time.
12:12:49 PM Haynes Williams was recognized. Mr. Williams addressed the Board regarding the
right -of -way on his property and the documents.
12:31:42 PM Attorney Crane readdressed Thoroughbred Estates subdivision plat.
12:35:55 PM Commissioner Hoover stated he is in opposition this issue.
12:39:24 PM County Attorney recommended the county's Land Development Regulations are
reviewed.
Commissioner Margaret Garrard Helton moved, seconded by Commissioner Joey Hoover, to approve the
extension of a contract and bond in accordance with the draft that Attorney Cassels proposed with the
amendment be six (6) months rather than two (2) years. (The amendment states twenty three (23) months).
12:46:34 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
c. Parks and Recreation Master Plan Approval /Adoption
David Barth with Glatting Jackson was recognized by the Board, with a request to approve and
adopt the Parks and Recreation Master Plan submitted by Glatting Jackson Kercher Anglin as the
final document to guide the vision for future parks and recreation needs in Okeechobee County.
Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to approve and adopt
the Parks and Recreation Master Plan submitted by Glatting Jackson Kercher Anglin, subject to timely review
and updating, and the County's Comprehensive Plan be updated to reflect the new direction, and embedded
with the language necessary to support the elements of the Parks and Recreational Master Plan, and we actively
seek other governmental agencies and private recreational providers whenever possible to implement
incremental portions of the plan as best interest of the public.
1:09:48 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
d. Establish Florida Department Of Transportation (FDOT) priorities to be included into the
five (5) year work program for FY 2011 -2015
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
7 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
Deputy Administrator Jim Threewits addressed the Board with a request to establish a priority
list of the FDOT project(s) for fiscal year 2011 -2015.
Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to keep the priority
list for FY 2011 -2015 for FDOT's projects in the five (5) year work program in Okeechobee County being the
70 east project, the main intersection, 710 project, and $200,000.00 for intersection improvements.
1:16:37 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
e. Okeechobee County vs. 0 Town Properties, LLC et al
County Attorney John Cassels addressed the Board regarding the foreclosure of 0 Town
Properties, LLC et al. Mr. Cassels does not recommend acceptance of the deed by the County.
1:31:25 PM Marty Lauder an ex banker at Wells Fargo addressed the Board on behalf of Mr.
Butler, stating he did try to get financing for the 0 Town Properties, LLC.
1:20:18 PM Sylvester Butler was recognized. Mr. Butler addressed the Board regarding this
deed offer.
County Attorney Cassels led a discussion regarding the money that was involved in the purchase
of the property and the sale of the property.
Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton not to accept the deed
in lieu of foreclosure for 0 Town Properties, LLC for $150,000.00.
1:42:13 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
f. Budget Discussion
County Administrator Bonner and Deputy Administrator Chartier led a discussion on budget
cuts. The first budget workshop will be July 29, 2009 from 9am to 5am. Mr. Bonner felt they
should lower taxes.
2:01:44 PM Chairman Betts suggested the suspension of the impact fees for a period of six (6)
months, and get the commercial buildings on the books to collect taxes for the next forty (40) or
fifty (50) years as opposed to the collection impact fees.
County Attorney Cassels recommended the Board give approval to go forward with making a
proposal on impact fees.
There was further discussion regarding impact fees.
Commissioner Noel Chandler moved, seconded by Commissioner Margaret Garrard Helton, to schedule a
public hearing, and to move forward to prepare an Ordinance to suspend impact fees.
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
8 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
2:28:5.1 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler and
Commissioner Margaret Garrard Helton. NOES: Commissioner Joey Hoover
and Commissioner Ray Domer. ABSENT: None. ABSTAIN: None.
2:29:24 PM Okeechobee County Sheriff Paul May addressed the Board regarding apportionment
questions on his budget.
Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to use the
apportionment method to work on the budget.
2:41:14 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
4. Staff Reports:
a. County Administrator Bonner discussed the Broadband Initiative Stimulus Proposals
Ms. Lynn Topel with Florida Highlands Rural Economic Development Initiative (FHREDI) was
recognized. Ms. Topel addressed the Board regarding the Broadband Initiative Proposals. Ms
Topel requested to approve the Broadband Initiative. The deadline for the grant application is
August 14, 2009.
Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to approve the Board
of County Commissioners to elect to participate with FHREDI and Rural Area Critical Economic Concern
Grant submitted for the Broadband Initiative.
2:47:48 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Ms. Topel readdressed the Board regarding the Broadband. The funding has to be used within
two (2) years.
Non Agenda Item(s):
710 Extension Project with FDOT
County Administrator Bonner reported that the 710 extension project negotiations between
FDOT and property owners have been satisfied.
Big P Grant for Okee Tantie Campground Marina
County Administrator Bonner discussed an opportunity to apply for a grant for Okee Tantie
Campground Marina for boating improvements. Mr. Bonner requested permission to go over
his $10,000.00 spending limit to pursue the Boating Improvement Grant. (BIG)
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
9 of 1 1
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
Commissioner Ray Domer moved, seconded by Commissioner Margaret Garrard Helton, to allow
Administrator Bonner spend up to $10,000.00 to apply for the Boating Improvement Grant.
2:58:30 PM
The motion carried on the following vote: AYES: Chairman Clif Betts Jr., Commissioner Noel Chandler,
Commissioner Joey Hoover, Commissioner Ray Domer and Commissioner
Margaret Garrard Helton. NOES: None. ABSENT: None. ABSTAIN: None.
Administrator Bonner reported on the following items: Fixed Based Operator is not in
compliance, received an update on the injection well and reported on SFWMD compliance issues
at the Agri -Civic Center.
V. Adjourned
There being no further business or discussion, the meeting was adjourned.
Sharon Robertson
Clerk, Board of County Commissioners
By: Paula Poskon
Sharon Robertson
Clerk of the Board of County Commissioners
Okeechobee County, Florida
10 of 11
July 9, 2009
Clif Betts, Jr., Chairman
Board of County Commissioners
Okeechobee County, Florida
BUSINESS
BOARD OF COUNTY COMNIISSIONERS
312 NW 3 STREET
OKEECHOBEE, FLORIDA
863- 763 -6441
863 -763 -9529 Fax
AGENDA
JULY 9, 2009
9:00 a.m.
MEETING LOCATION
OKEECHOBEE COUNTY HEALTH DEPARTMENT AUDITORIUM
1728 NW 9 AVENUE, OKEECHOBEE, FLORIDA
NOEL CHANDLER 1 VICE CHAIR RAY DOMER
JOEY HOOVER MARGARET GARRARD HELTON
Lyndon L. Bonner John D. Cassels, Jr.
County Administrator County Attorney
Public Comment
CLIF BETTS, JR. CHAIRMAN
1. Consent Agenda: Recommend that the BOCC approve the consent agenda as
presented.
a. Approval of Minutes June 23, 2009 Regular Session Kim Jackson
b. Approval of Warrants Gary Moorman
c. EMPA Base Grant Agreement Increase Mike Faulkner
2. Public Hearings/Time Certains:
a. 9:00 a.m. Joint Public Workshop to Discuss the Implementation of the
Emergency Medical Services Special Assessment Program Lyndon L.
Bonner
b. Letter Agreement with ACS Enterprise Solutions Robbie Chartier
c. 9:00 a.m. Public Hearing Petition R- 2009 -0680 Request for a Change
in Zoning from Agriculture (A) to Residential Single Family (RSF)
Stuart Ledis, Applicant Bill Royce
d. 9:00 a.m. Public Hearing Petition R- 2009 -0681 Request for a Change
in Zoning from Agriculture (A) to Residential Single Family (RSF)
Stuart Ledis, Applicant Bill Royce
e. 9:00 a.m. Public Hearing Petition R- 2009 -0682 Request for a Change
in Zoning from Agriculture (A) to Neighborhood Commercial -2 (NC -2)
Stuart Ledis, Applicant Bill Royce
f. 9:00 a.m. Public Hearing Petition R- 2009 -0683 Request for a Change
in Zoning from Agriculture (A) to Heavy Industrial (I -2) Phillip Y.
Berger, Applicant Bill Royce
g. 9:00 a.m. Public Hearing Petition B- 2009 -0049 Request to Vacate Old
Florida Ranch Subdivision Bill Royce
3. General Business:
a. Petition B- 2009 -0050 Request that the County Abandon a Portion of a
Platted Alley Right -of -Way in Connors Highlands Subdivision Bill
Royce
b. Petition P- 2005 -0007 Request for Renewal of Contract for Construction
of Required Improvements for Thoroughbred Estates Subdivision Bill
Royce
c. Parks and Recreation Master Plan Approval /Adoption Darrell Enfmger
d. Establish FDOT Priorities to be Included into the Five -Year Work
Program for FY 2011 -2015 Jim Threewits
e. Okeechobee County vs. 0 Town Properties, LLC, et al John Cassels
f. Budget Workshop for Proposed FY 2009 -2010 Robbie Chartier
Budget Discussion Lyndon L. Bonner
4. Staff Reports:
a. Broadband Initiative Stimulus Proposals Lyndon L. Bonner
5. Commissioner Reports:
Any person deciding to appeal any decision by the BOCC with respect to any matter
considered at this meeting or hearing will need to ensure that verbatim record of the
proceedings is made and that the record includes the testimony and evidence upon which
the appeal will be based.
NOEL CHANDLER 1 VICE CHAIR iv
JOEY HOOVER
BUSINESS
Public Comment
SPECIAL MEETING AND BUDGET WORKSHOP AGENDA
Adjourn the Workshop
BOARD OF COUNTY COMIVIISSIONERS
312 NW 3 STREET
OKEECHOBEE, FLORIDA
863- 763 -6441
863 763 -9529 Fax
WEDNESDAY, JULY 29, 2009
9:00 a.m.
MEETING LOCATION
(Q'"
OKEECHOBEE COUNTY HEALTH DEPARTMENT AUDITORIUM
1728 NW 9TH AVENUE, OKEECHOBEE, FLORIDA
CLIF BETTS, JR. CHAIRMAN V"
RAY DOMER
MARGARET GARRARD HELTON j/
Lyndon L. Bonner v" John D. Cassels, Jr. Ab
County Administrator County Attorney
1. Convene Joint Public Workshop Between the Okeechobee City Council and
Okeechobee Board of County Commissioners to Discuss the Implementation of
the Emergency Medical Services Special Assessment Program
2. Convene Special Meeting of Okeechobee Board of County Commissioners
a. Adoption of Ordinance 2009 -03, EMS Tax Assessment Apportionment
and Collection Robbie Chartier
b. Adoption of Resolution 2009 -41, Initial EMS Tax Assessment Rate
Robbie Chartier
c. Budget Action Lyndon L. Bonner
Any person deciding to appeal any decision by the BOCC with respect to any matter
considered at this meeting or hearing will need to ensure that verbatim record of the
proceedings is made and that the record includes the testimony and evidence upon which
the appeal will be based.
CITY OF OKEECHOBEE
JULY 29, 2009
CITY COUNCIL AND BOARD OF COUNTY COMMISSIONERS
SUMMARY OF JOINT WORKSHOP DISCUSSION
BOCC Chair, Cliff Betts called the July 29, 2009 Joint Workshop to order at 9:00 a.m. in the Okeechobee
Health Department Auditorium, located at 1728 Northwest 9 Avenue, Okeechobee, Florida.
Officials and Staff present were:
Mayor James E. Kirk
Council Member Lowry Markham
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Clerk Lane Gamiotea
BOCC Chairperson Cliff Betts
Commissioner Noel Chandler
Commissioner Ray Domer
Commissioner Margaret Garrard Helton
Commissioner Joey Hoover
County Administrator Lyndon Bonner
Deputy County Administrator Robbie Chartier
Deputy County Administrator Jim Threewits
Deputy Clerk Paula Poskon
Chair Betts recognized Sid to give a brief invitation to the Philippino Cultural Arts Center Ground Breaking
this Saturday. Invitations have been sent to the BOCC and City Council.
The invocation was offered by Reverend Paul Jackson, Sr; followed by the pledge of allegiance.
The purpose of this workshop was to allow for continued discussion between the City Council and Board of
County Commissioners regarding the implementation of a EMS Special Assessment to both City and
County property owners. The City Council, through communications to Administrator Whitehall, expressed
the concern of not having an sufficient public meetings in order to give forums where tax payers could have
more opportunities to express their agreement or disagreement with the adoption of this matter. The
County respectfully offered this workshop to address that concern.
Chair Betts yielded the floor to County Staff, and consultants. Mr. Lee Evett, Vice President of Willdan
Page 1 of 5
Financial Services presented a power point presentation to the boards and members of the public that
were present. The same power point presentation was made at the July 21, 2009 City Council meeting,
with the exception of one new additional slide.
For review, Why An Assessment Program? •Assessments are not based on property value, ownership or
use. EMS assessments based on benefit analysis; Historic service demands by property type. Current
cost of EMS service demand by individual parcels. Everyone pays their fair share. Stable dedicated
revenue stream. Assessments only fund authorized services. EMS Assessment Provisions. •Total
assessment equal or less than cost of authorized services. •Assessments based on special and peculiar
benefit to properties. •Costs must be fairly and reasonably apportioned. What Does a Benefit Analysis
Provide? •Derives historical demand for EMS services by property type -EMS call value. •Equitably
apportionment of costs to properties. Call Data. 7,998 EMS calls received from 2007 -2008. 1,325 of these
EMS calls are non property related. 6,673 EMS calls relate to specific property types: Residential 5,224.
Hotel /Motel /RV Parks 38. Commercial 1,393. Industrial/Warehouse 18. (Political boundaries were not Note
whether they were in the City or County was not separated out). EMS Assessment Costs. •Fiscal Year
2009 -10 EMS (proposed) Budget $1,795,133.00.
New slide:
Total Assessable $1,795,133.00
Less non property 293,896.00 (County to absorb)
Less govemment assessment 53,711.00 (County to absorb includes $22,002 of City property)
Based on conversations with Commissioner Hoover, Mr. Evett distributed a handout with the following
information:
Commercial Budget Allocation
Total Commercial Square Footage
Amount Per SF
Industrial Budget Allocation
Total Industrial Square Footage
Amount Per SF
First Year Maximum
312,690.00 418,991.00
$5,674,343.00 $5,674,343.00
0.05511 0.07384
4,035.00 5,475.00
$2,488,951.00 $2,488,951.00
0.0016 0.0022
Discussion ensued regarding Commissioner Hoover's suggestion, as he was trying to find another
methodology that would be more palatable to the City, as well as various other methods. Attorney
cautioned the boards to not implement the assessment on residential parcels only, adding that her job was
to ensure the County adopted a rate and method that was fair and reasonable to all property owners.
Mayor Kirk and Council Member Watford noted they still had a problem with assessing the churches.
Attomey advised there is an option for a category of churches and non profits to be included so that they
are exempted from the assessment.
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City Administrator Whitehall the city council indicated, what we have been told is the $256,000,000.00
would remove the city from the disparity of $260,000,000.00 how much the city parcels will generate in
revenue. Not a simple matter for BOCC to address, if the city council vote no to adopt the ordinance.
Methodology is not based on political boundaries, city is more dense, sure the call volume is more than.
Chair Betts then asked for anyone from the public who wanted to address the boards. Reverend Jackson,
noting he was addressing the boards on behalf of the Ministerial Association to formally request the
churches be exempted from the assessment. Mr. Mack "Hoot" Worley expressed is disagreement with the
assessment and offered a sales tax to be implemented through the County, where everyone would pay
their share, including those who do not own property but would or could use the service should they be in
an accident or require medical treatment of some of nature.
There are bills that have to be paid at the church, much Tess to add the assessment. Think the new method
might be a better way to go, but do not believe the churches need to be in there. From the minitrial
association, voted on it and are officialling requesting that you not approve it.
Mack "Woot" Worley, support your efforts to offer the service to the community. State legislature counties
with economic concern this option, many counties do not have. Correct. Hired consultant firm to show you
how to put th peg in the whole, not how to do it. The consultant advocating for you to accept this option.
User base service, people use not property service. Urge you not to adopt this option, poor way to address
this issue. Hoover asked me to bring another option. Tax state have used forever, sales tax is the better
method to use for this, everyone has to pay it. Sales tax as a way to fund this.
Robert Leon, CEO of Raulerson Hospital, address concem with regard the hospital paying the
assessment. Hospital is exemption since we take individuals regardless of not being able to pay. Current
proposal we are exempt. Does not have any call history for EMS.
11- u.hl
Mr. Blair weed lived over 30 years, may have mis understood, a hotel 50 rooms, $100.00, 10,000 s.f.
seems to be a little bit of an inequity, can't say I°m happy about this assessment, amazed and starled at
the expense of EMS for the county, over $7,000 per day, unfunded portion, over $5,000 per day, 30.5% is
funded leaves 70% unfunded, about 11 calls per day, almost 2 calls per day are non property related, how
many were real calls? How many were frivilious, dealth with mom and dad, to call EMS is easy to do, how
many were repeated by the same caller? Trying to see what kind of waste involved? Potential answers
greater efficiencies, create a panel to review waste areas. Appendix A, budget $7400.00 for tires for one
year. How do you use that amount of money for tires? Think there is room for greater efficiencies. I know
the average call price is $6 $450.00 per call unfunded, propose $225 to be paid by the caller as a
user fee. Perhaps they will consider the importance of their call when they know they will have to pay.
Even vacant land owners are benefitted by the service of EMS. Should they not have the privilege of
contributing this services? Not advocating more taxes, people are struggling to pay as it is. Couldn't help
but look at one other place. Arrest log, and how many. There is a certain segment in our community that
demonstrate lack of good judgement. They put law enforcement in jeopardy every day. In order to help the
county you try to come up with a revenue stream. I would advocate an arrest jail booking fee, minimum
$200.00 this is not a presumption of guilt or innocense, they are using our services by making the wrong
Page 3 of 5
decisions. Make them pay, if all charges are dropped then drop the fee, all charges dropped, reimburse the
money. Just like you go into a hotel you are expected to pay. It may create a deterent of bad behavior.
Bett,s your in a better position than most, medicare /medicaid know where they pay and a lot of our lost is
that, we've talked about how to get those costs and that is hard for us to recover. Chief bill's them and we
are at their mercy. Drives the costs up.
Randy Huckabee, encouraged by what I have heard today, a lot of other options to look at, do not need to
rush on this, taking on the shades of Washington. As far as churches you know how I feel, feel the same
on businesses. The tax will be passed on to me and every other business owner. Yes we have people from
out of the county. Good neighbor recipient. Mute point, lesser of two evils for a flat assessment. Strongly
look at exempting the churches.
Mike O'Connor, work place, church, the rentor, commercial property, my rent is going to go up and I don't
even own the property, effect everybody.
Watford, procedure, appreciate on time frame and are getting flack just like Washington, so that's the
reason an unfortunate. City council we have August 4 for our final hearing on the ordinance. Basically we
have no say in that? The rates? The BOCC will set the rates, we have not say whatsoever, yes lets do an
assessment but lets do it this way or that. Yes. Watford, worse case scenario, passes second reading?
Adopt ordinance and preliminary rate resolution. Didn't you say there is a chance they will not adopt it?
Correct the rate resolution does not have to be adopted. Agree with the hospital's situation. This is
scenario is that this is an availability,
Ray Domer, everybody keeps forgetting why we do it and shocked with the amount of money, confuses me
every body seems to agree with a part of this and a part that they don't so any part of it is not accurate
then how can you see any of it, each piece is needed or you distort the entire program. Not for having to
tax anyone. Where are we going to get the money? Revenue is not there. We balanced our budget but we
cannot stump our toe. Mr. May has an important job, he's in shock how much money cannot be sent to
fund the S.O. can't run the county on our savings. Trying to be as fair as possible. We have experts here
telling us how to do this and here we are telling them how to do it differently. They made a
recommendation to us as the most fair way and most defendable. Reinventing it is not a good time. What
have seen and written on this I think is fair. To redesign it is risky. People forget this is not a fee for
performing the service but to have the service on hand as you need it and as we grow, this will have to
grow. Going to have a big bearing on others to other constitutionals. Everybody wishes its better. We only
have so many dollars. This hasn't been that big of an issue, until we realized we could not fund it from the
host fee's. Do not think we can find a better more fair method and use the historic data. As far as I see I
like the per square footage now, If this appropriationment information is historic, information data, agrees
accurate then to me this method has got to be as fair as you can arrive at don't see how we can't adopt
this. Don't like telling people we have to add another fee. But other fees or tax will be implemented.
Consultants have read some numbers to mix what we talked about this moming. Heather, 3 methods, 1st is
ours, square footage what was passed out and the 3r is the might be some
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res 74.00 hotel motel RV same numbers $2 per unit commercial $223.00 per building industrial $9 per bldg
762.00 per building govt buildings looking at number of buildings to give as much information, commercial
rate 2/3 based on size would pay more smaller to larger, most are less than 5,000 sf, just something that
we wanted to throw out to you.
Mayor you will provide the city with what happens here today? Yes before August 4.
There being no further discussion, the workshop was adjoumed at 11:02 a.m.
Page 5 of 5
Commercial Budget Allocation
Total Commercial Square Footage
Amount Per SF
Industrial Budget Allocation
Total Industrial Square Footage
Amount Per SF
First Year
312,690
5,674,343
0.05511
4,035
2,488,951
Maximum
418,991
5,674,343
0.07384
5,475
2,488,951
0.0016 0.0022