CITY OF OKEECHOBEE APRIL 1, 2014 REGULAR CITY COUNCIL MEETING RD

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1 CITY OF OKEECHOBEE APRIL 1, 2014 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 I. CALL TO ORDER - Mayor. April 1, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smi Public Works Director David Allen Mayor Kirk called e April 1, 2014, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by e Very Reverend Faer Edward Weiss, of e Church of Our Saviour; e Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called e roll: Absent IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim e mon of April 2014 as Water Conservation Mon. Mr. Gary Ritter, Intergovernmental and Outreach Representative for Sou Florida Water Management District (SFWMD) received e Water Conservation Mon Proclamation presented by Mayor Kirk, and read into e record as follows: WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, e State of Florida, Water Management Districts and e City of Okeechobee are working togeer to increase awareness about e importance of water conservation; and WHEREAS, April, typically a dry mon when water demands are highest, is annually designated as Water Conservation Mon, to educate citizens about how ey can help save Florida s precious water resources; and WHEREAS, e City of Okeechobee encourages and supports water conservation, rough various educational programs and special events; and (continued)

2 APRIL 1, REGULAR MEETING - PAGE 2 OF 11 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim e mon of April 2014 as Water Conservation Mon continued. B. Proclaim e mon of April 2014 as Fair Housing Mon. V. MINUTES - City Clerk. A. Motion to dispense wi e reading and approve e Summary of Council Action for e March 18, 2014, Regular Meeting. VI. - Mayor. A. Requests for e addition, deferral or widrawal of items on today s agenda. WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, us promoting a healy economy and community. NOW THEREFORE, I, James E. Kirk, by virtue of e auority vested in me as Mayor of e City of Okeechobee, Florida, do hereby proclaim e mon of April 2014 as WATER CONSERVATION MONTH in e City of Okeechobee. Mutual gratitude was expressed between Mr. Ritter and Administrator Whitehall for each of eir entities supporting e oer on recent endeavors surrounding water quality improvements. On behalf of e City, Mayor Kirk read into e record, e following proclamation as follows: WHEREAS, April 11, 2014 marks e 46 anniversary of e passage of e U.S. Fair Housing Law, Title VIII of e Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing wiout regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, e City of Okeechobee is committed to highlight e Fair Housing Law, Title VIII of e Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs at will educate e public about e right to equal housing opportunities, and to plan partnership efforts wi oer organizations to help assure every American of eir right to fair housing. NOW, THEREFORE, I, James E. Kirk, by virtue of e auority vested in me as Mayor of e City of Okeechobee, Florida, do hereby proclaim e mon of April 2014 as FAIR HOUSING MONTH, and urges all citizens to celebrate Fair Housing roughout e year. Council Member Williams moved to dispense wi e reading and approve e Summary of Council Action for e March 18, 2014, Regular Meeting; seconded by Council Member O Connor. There was no discussion on is item. Mayor Kirk asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. New Business Item D was added. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M.

3 APRIL 1, REGULAR MEETING - PAGE 3 OF 11 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Motion to read by title only, proposed Ordinance No. 1109, regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No SSA, to reclassify a acre unplatted parcel, from Single Family Residential to Commercial, located at East Nor Park Street and Soueast 10 Avenue, submitted by property owner(s) CSW 13, LLC. Planning Board recommends approval - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to adopt proposed Ordinance No Council Member Watford moved to read by title only, proposed Ordinance No. 1109, regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No SSA, to reclassify a acre unplatted parcel, from Single Family Residential to Commercial, located at East Nor Park Street and Soueast 10 Avenue, submitted by property owner(s) CSW 13, LLC; seconded by Council Member O Connor. In e absence of Attorney Cook, Council Member Watford read proposed Ordinance No. 1109, by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to adopt proposed Ordinance No. 1109; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked wheer ere were any comments or questions from e Public. There were none. The floor was yielded to City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, 1375 Jackson Street, Suite 206, Fort Myers, Florida, to review Application No SSA, submitted by Attorney Sneider of e Law Office of Glenn J. Sneider, L.C., located at 200 Souwest 9 Street, Okeechobee, on behalf of Mr. Carrol Word, Registered Agent, for CSW 13, LLC, of 1080 Soueast 23rd Street, Okeechobee. The property was purchased in December of last year. It was occupied as a Mobile Home Park for many years. Mr. Word is in e process of relocating some of e mobile home units, most do not meet requirements due to eir age, and are having to be demolished.

4 APRIL 1, REGULAR MEETING - PAGE 4 OF 11 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion for Ordinance No. 1109, (No SSA), continued. According to e application, e owner envisions to develop e property for commercial uses such as a mix of retail and a restaurant. Additionally, e Council will be considering a concurrent Rezoning Petition No R, for Heavy Commercial. Attorney Sneider and Mr. Word were present to respond to questions. Mr. Brisson s recommendation for approval, as well as e Planning Board s unanimous recommendation of approval, are based on e findings wiin e Planning Staff Report: Due to e requested Commercial land use classification, and e property being located along East Nor Park Street (State Road 70), which falls wiin e area at is considered part of e City s commercial corridor, e application was found to be consistent wi e City s Comprehensive Plan, specifically Policy 2.2 and Objective 12 of e Future Land Use Element. Additionally, it is found to be consistent wi State and Regional Policy Plans as it is a proposed use on previously developed urban land. The applicant addressed adequacy of public facilities. A letter was provided from e Okeechobee Utility Auority (OUA) to confirm potable water and wastewater could be provided for a commercial development. Based on e approved traffic analysis for nearby commercial development, it appears e level of traffic generated by e proposed development will have a minimal impact on Nor Park Street and Parrott Avenue (U.S. Highway 441). Bo roadways are operating at a level of service F which is e lowest level rating, eir adopted level of service standard is a C. However, Planner Brisson noted in e findings at e applicant will need to provide a traffic impact analysis at e time of site plan review. The analysis will need to include e impact to Soueast 10 Avenue in addition to e State and Federal roadways. The results of is analysis may limit e intensity of e commercial development for is property. Regarding solid waste, e County recently confirmed a considerable level of excess capacity to serve e solid waste disposal needs in e City. The proposed development will be required to address, during site plan review, at it meets all drainage standards required by e City and SFWMD. The property contains no environmentally sensitive areas or oer physical attributes at would limit development. The application is found to be compatible wi adjacent and nearby land uses which are, to e Nor (across Park Street) e existing use is vacant, wi a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to e East is e Post Office, wi a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To e Sou is a mobile home park wi approximately 20 units, wi a Single-Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to e West is a retail shopping center, wi a Future Land Use of Commercial and Heavy Commercial zoning.

5 APRIL 1, REGULAR MEETING - PAGE 5 OF 11 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion for Ordinance No. 1109, (No SSA), continued. The full Legal Description for e unplatted parcel is: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 Sou, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at e intersection of e West right-of-way line of S.E. 10 Avenue (formerly Hancock Street) wi e Sou right-of-way line of State Road 70, ence run West along said Sou right-of-way line of State Road 70 for a distance of 365 feet, more or less, to a point on e West Boundary line of Government Lot 2 in Section 22, Township 37 Sou, Range 35 East; Thence run Sou along said West line of Government Lot 2 for a distance of 315 feet to e Souwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; ence run East, along e Sou boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to e West right-of-way line of S.E. 10 Avenue (formerly Hancock Street); ence run Nor along said West right-of-way for a distance of 315 feet, more or less, to e Point of Beginning. Being e same property described in ose certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in e Public Records of Okeechobee County, Florida. LESS AND EXCEPT at property subject to e Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of e Public Records of Okeechobee County, Florida. Council Member Watford asked for clarification as to e procedure for Small Scale Amendments require one reading before e Council, and en to be forwarded to e State for approval. Mr. Brisson responded, yes. Council Member Watford also asked wheer ere were any entrances or curb cuts along Nor Park Street for is property. Mr. Brisson replied, yes, ere is one at is time, and e Department of Transportation will regulate, wheer it can remain when re-developed. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:17 P.M.

6 APRIL 1, REGULAR MEETING - PAGE 6 OF 11 VIII. NEW BUSINESS. A. 1. a) Motion to read by title only, and set April 15, 2014, as a final public hearing date for proposed Ordinance No. 1110, regarding Rezoning Petition No R, submitted by property owner(s) CSW 13, LLC, to rezone a acre unplatted parcel, located at East Nor Park Street and Soueast 10 Avenue, from Residential Mobile Home to Heavy Commercial - City Planning Consultant (Exhibit 2). Council Member Watford moved to read by title only, and set April 15, 2014, as a final public hearing date for proposed Ordinance No. 1110, regarding Rezoning Petition No R, submitted by property owner(s) CSW 13, LLC, to rezone a acre unplatted parcel, located at East Nor Park Street and Soueast 10 Avenue, from Residential Mobile Home to Heavy Commercial; seconded by Council Member O Connor. b) Vote on motion to read by title only, and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1110, by title only. 2. a) Motion to approve first reading of proposed Ordinance No In e absence of Attorney Cook, Council Member Watford read proposed Ordinance No. 1110, by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME TO HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Council Member O Connor moved to approve first reading of proposed Ordinance No. 1110; seconded by Council Member Williams. b) Discussion. Mr. Brisson reviewed Rezoning Petition No R, submitted by Attorney Sneider of e Law Office of Glenn J. Sneider, L.C., located at 200 Souwest 9 Street, Okeechobee, on behalf of Mr. Carrol Word, Registered Agent, for rd CSW 13, LLC, 1080 Soueast 23 Street, bo were in attendance. This petition is for e same property previously considered during e Public Hearing, Comprehensive Plan Amendment Application No SSA. Mr. Brisson is recommending approval, as well as a unanimous recommendation of approval by e Planning Board, based on e findings wiin e Planning Staff Report: The proposed rezoning would be consistent wi e Comprehensive Plan, wi e adoption of Application No SSA.

7 APRIL 1, REGULAR MEETING - PAGE 7 OF 11 VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued for Ordinance No. 1110, (No R). The proposed use is specifically auorized under e zoning district, and will not have an adverse effect on e public interest as e surrounding uses are commercial in nature. The proposed use is appropriate for e location, is reasonably compatible wi adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. To e Nor (across Park Street) e existing use is vacant, wi a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to e East is e Post Office, wi a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To e Sou is a mobile home park wi approximately 20 units, wi a Single-Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to e West is a retail shopping center, wi a Future Land Use of Commercial and Heavy Commercial zoning. The proposed use will not adversely affect property values or living conditions or be a deterrent to e improvement or development of adjacent property. The replacement of a nonconforming mobile home park will act to improve e likelihood at property values will be beneficially affected and improve e potential of redevelopment of adjacent properties. In regards to e proposed use being able to be suitably buffered from surrounding uses, so as to reduce e impact of any nuisance or hazard to e neighborhood, need will be determined and addressed during site plan review. Preliminary, it would appear at e only area likely to require buffering would be e mobile home park to e Sou. The proposed commercial uses should not create a density pattern at would overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or oerwise affect public safety. Noting however ere are several issues at will have to be adequately addressed during site plan review. A letter was provided from e OUA to confirm potable water and wastewater could be provided for a commercial development. Based on e approved traffic analysis for nearby commercial development, it appears e level of traffic generated by e proposed development will have a minimal impact on Nor Park Street and Parrott Avenue (U.S. Highway 441). Bo are presently operating at a level of service F which is e lowest level rating, eir adopted level of service standard is a C. However, Planner Brisson noted in e findings at e applicant will need to provide a traffic impact analysis at e time of site plan review. The analysis will need to include e impact to Soueast 10 Avenue in addition to e State and Federal roadways. The results of is analysis may limit e intensity of e commercial development for is property. Regarding solid waste, e County recently confirmed a considerable level of excess capacity to serve e solid waste disposal needs in e City. The proposed development will be required to address, during site plan review, at it meets all drainage standards required by e City and SFWMD. The proposed use has not been inordinately burdened by unnecessary restrictions.

8 APRIL 1, REGULAR MEETING - PAGE 8 OF 11 VIII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued for Ordinance No. 1110, (No R). The full Legal Description for e unplatted parcel is: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 Sou, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at e intersection of e West right-of-way line of S.E. 10 Avenue (formerly Hancock Street) wi e Sou right-of-way line of State Road 70, ence run West along said Sou right-of-way line of State Road 70 for a distance of 365 feet, more or less, to a point on e West Boundary line of Government Lot 2 in Section 22, Township 37 Sou, Range 35 East; Thence run Sou along said West line of Government Lot 2 for a distance of 315 feet to e Souwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; ence run East, along e Sou boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to e West right-of-way line of S.E. 10 Avenue (formerly Hancock Street); ence run Nor along said West right-of-way for a distance of 315 feet, more or less, to e Point of Beginning. Being e same property described in ose certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in e Public Records of Okeechobee County, Florida. LESS AND EXCEPT at property subject to e Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of e Public Records of Okeechobee County, Florida. Council Member Maxwell commented he would prefer to have someing more definite such as a preliminary site plan, or prospective commercial tenants to review. He supports e request as it will most likely upgrade e area at has become somewhat of a blight. The Council and Mr. Brisson conveyed eir confidence in e Technical Review Committee to appropriately address all regulations during e site plan review and enforce compliance. There were no comments from e public. c) Vote on motion. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) - Chief Smi. Fire Chief Smi distributed copies of a Summary Analysis of e Public Protection Classification Program Survey (PPC) conducted by e Insurance Service Office (ISO), on July 1, 2013, and enusiastically announced at on June 1, 2014, e City s PPC will be upgraded to a Class/Level 3 rating from a Class/Level 4. The ISO is e leading supplier of data and analytics for e property and casualty insurance industry. The rating plays an important role for insurance companies to use for marketing, underwriting, and establish fair premiums for homeowners and commercial fire insurance. Generally, communities wi a substantially low rating, are offered lower premiums. The PPC also provides fire department s wi a valuable benchmark tool for planning, budgeting and justifying fire protection improvements.

9 APRIL 1, REGULAR MEETING - PAGE 9 OF 11 VIII. NEW BUSINESS CONTINUED. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) continued. A collective team effort between e City and e OUA resulted in e improved ranking to a Class/Level 3 (scores from to 79.99). The City s final score of 71 points, was configured on a 100-point scale. The rating is assigned to a community upon analyzing data using uniform criteria developed by e National Fire Protection Association and e American Water Works Association. The areas analyzed by ISO field representatives, e City s points earned, followed by total points allowed are: Emergency Communication: 10 percent of e overall score is based on how well e communications center receives and dispatches fire alarms. Specifically reviewed were communications facilities provided for e general public to report structure fires, Enhanced 911 telephone service including wireless, computer-aided dispatch facilities (CAD), alarm receipt and processing at e communication center, training and certification of City Dispatchers and facilities used to dispatch fire department companies to reported structure fires (dispatch area of Police Department). Emergency Reporting: 2.40/3 points, Telecommunicators: 4/4 points, Dispatch Circuits: 1.57/3 points, for a total of 7.97 out of 10 points. Fire Department: 50 percent of e overall score is based upon e department s structure fire suppression system, staffing, training, geographic distribution of fire companies, operations, and community risk reduction. Engine Companies: 4.76/6 points, Reserve Pumpers: 0.41/0.50 points, Pump Capacity: 3/3 points, Ladder/Service Companies: 3.55/4 points, Reserve Ladder/Serve Trucks: 0/0.50 points, Deployment Analysis: 7.79/10 points, Company Personnel: 4.83/15 points, Training: 2.46/9 points, Operational Consideration: 2/2 points, for a total of out of 50 points. Water Supply System: 40 percent of e overall score is based on e adequacy of e water supply system, alternate water supply operations, and ability to distribute water to meet e needed fire flows at selected locations of up to 3500 gallons per minute. Supply System: 27.60/30 points, Hydrants (size/type/installation): 3/3 points, Inspection and Flow Testing: 6.40/7 points, for a total of 37 out of 40 points. The Divergence Factor, which recognized disparity between e effectiveness of e fire department and e water supply is points. The Community risk reduction scored 4.21 out of 5.50 points and covers Fire prevention and Code Enforcement: 1.61/2.2 points, Public Fire Safety Education: 1.83/2.2 points, and Fire Investigation Programs: 0.77/1.1 points. Chief Smi elaborated at his department received two oer ISO evaluations over e past 20 years. In 2003 e rating was at a Class/Level 4, wi e knowledge at it was close to being lowered to a Class/Level 5, one main factor being e amount of quick grow and development in e community, wi e department personnel and equipment

10 APRIL 1, REGULAR MEETING - PAGE 10 OF 11 VIII. NEW BUSINESS CONTINUED. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) continued. (Continued from page 9) remaining status quo. The previous evaluation to at was completed in e mid 1990's, wi e City barely receiving a Class/Level 4 rating. Mayor Kirk and e Council commended Chief Smi and his staff on eir efforts. He added at his department has been diligent in meeting many of e requirements set by e ISO for specific areas such as testing of fire hose; testing maintenance and replacement of equipment; and testing and scheduled maintenance of engines. He was proud of e improvements and progress, such as: e City being awarded e Ladder Truck Grant, better response times, upgrades to e Dispatch CAD system, and e improved water services from e OUA. In response to Council Member O Connor s question, as to wheer he could send a copy of e report to his insurance company, Chief Smi responded yes, and it would be in e best interest of all citizens to do e same. There was no official action necessary for is item. ITEM ADDED: D. Consider an increase from e estimated cost of $72, to e bid award of $110,208.54, for 12 Patterned Crosswalks wiin e Florida Department of Transportation (FDOT) State Road 70/Highway 441 Improvements Project, Resolution No Administrator (Exhibit 3). Administrator Whitehall began by explaining he was notified via on March 31, 2014, by e Florida Department of Transportation (FDOT) at ey awarded e State Road 70/441 Improvements/Widening Project to Ranger Construction. Included wiin e full project scope are e twelve Patterned Crosswalks, wi e amount increasing to $110, (or $ per square yard). This is $38, more an e original estimate of $ per square yard (or $72, based on 690 square yards). FDOT is requesting e difference be deposited in e escrow account before April 7, Direction on how to proceed is being requested. Administrator Whitehall asked FDOT wheer e line item for e crosswalks could be rebid separately, to possibly reduce e cost. Furer stating at e City s interest, as e entity responsible for e cost, was not represented due to e bidding meods. FDOT responded at it could not be separated out and rebid. The only accommodations ey could make would be to revise e limits of e work to reduce e cost, or remove it entirely. In an effort to provide e Council wi budgetary information, Administrator Whitehall presented information from Finance which shows e Public Facilities Improvement Fund Summary wi Proposed Revenues of $641,551.00, Expenditures of $675,500.00, and Transfer to General Fund of $398,000.00, wi an outline of items and bids not purchased or bid out to date. No portion of e crosswalk project is included wiin is budget. He recommended at should e Council decide to continue wi is project, at e funds from reserves in e Capital Improvements Project Fund be utilized. A mid-year budget amendment is planned for May. Council discussed at leng eir concern by FDOT s handling of e project, how it has exceeded eir reshold, and at eir disappointment is justifiable when reflecting to e beginning, as pointed out by Council Member Maxwell, e crosswalks were originally promised at no expense to e City. FDOT en changed eir policy, wiout notification, requiring local governments to pay for aesetic enhancements.

11 APRIL 1, REGULAR MEETING - PAGE 11 OF 11 VIII. NEW BUSINESS CONTINUED. ITEM ADDED: D. Consider an increase from e estimated cost of $72, to e bid award of $110,208.54, for 12 Patterned Crosswalks wiin e Florida Department of Transportation (FDOT) State Road 70/Highway 441 Improvements Project, Resolution No continued. The scope of e project was greatly decreased. When e original plans are compared to current ones, it can be documented to show significant differences. The Council adopted Resolution No (October 1, 2013) as requested by FDOT, agreeing to pay $68, for e crosswalks. Then, presented wi anoer request by FDOT, to adopt Resolution No (action taken on November 5, 2013), increasing e amount to $72,112.00, as e nd crosswalk at West Nor Park Street and Norwest 2 Avenue was excluded from e first request, and added a requirement at e City deposit e funds in an escrow account. Now, ey are requesting a 50 percent increase. The position FDOT has taken is simply not reasonable, nor one at any government entity can tolerate as a policy standpoint. The City should be able to express a desire for improvements and be granted a workable mechanism at a price certain, or at e least have some control over e bidding meods. Council Members Watford and Williams, suggested e project be deleted and request e funds be returned. However, upon furer discussion, e consensus of e Council was to notify FDOT at e funds wiin escrow are all at are available for e project, and e City has high expectations at FDOT and e contractor can negotiate wiin at cost to complete e project. Furer, discussed and agreed upon, as recommended by Council Member Watford, at a letter be sent to e Legislative Delegation Representatives, Senator Denise Grimsley and Florida House Representative Cary Pigman, outlining e situation, e flawed policies and procedures from FDOT, and how e City has been treated unfairly. Council Member Maxwell will assist Administrator Whitehall wi writing e letter, since he has been involved wi e project from e onset. IX. ADJOURN MEETING - Mayor. Please take notice and be advised at when a person decides to appeal any decision made by e City Council wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. City Clerk media are for e sole purpose of backup for official records of e Clerk. There being no furer discussion nor items on e agenda, Mayor Kirk adjourned e meeting at 7:12 p.m. The next regular scheduled meeting is April 15, ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk