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2012-01-17
1 CITY OF OKEECHOBEE JANUARY 17, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 I. CALL TO ORDER - Mayor: January 17, 2012, City Council Regular Meeting; 6:00 p.m. 11. OPENING CEREMONIES: Invocation to be given by Reverend Jim Benton, Faith Tabernacle; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor 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 Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. Mayor Kirk called the January 17, 2012, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Jim Benton of Faith Tabernacle Church; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the January 3, 2012 Regular Meeting. I January 3, 2012 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. 66Z JANUARY 17, 2012 - REGULAR MEETING - PAGE 2 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II 1IFA WARRANT REGISTER - City Administrator. A. Motion to approve the December 2011 Warrant Register: General Fund ................................ $436,697.85 Public Facility Improvement Fund ................. $ 13,596.09 CDBG Fund ................................. $ 5,000.00 Capital Improvement -Impact Fee Fund ............ $ 19,015.00 Capital - Project Fund .......................... $ 47,265.60 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Council Member Watford moved to approve the December 2011 Warrant Register in the amounts: General Fund, four hundred thirty-six thousand, six hundred ninety-seven dollars and eighty-five cent ($436,697.85); Public Facility Improvement Fund, thirteen thousand, five hundred ninety-six dollars and nine cent ($13,596.09); CDBG Grant Fund, five thousand dollars ($5,000.00); Capital Improvement Projects Fund -Impact Fees, nineteen thousand, fifteen dollars ($19,015.00); and Capital Improvement Projects Fund, forty-seven thousand, two hundred sixty-five dollars and sixty cent ($47,265.60); seconded by Council Member Williams. There was a brief discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Unfinished Business Item A was withdrawn. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1079 regarding III Council Member Watford moved to read by title only, proposed Ordinance No. 1079 regarding amendments to the City amendments to the City Land Development Regulations- City Land Development Regulations; seconded by Council Member Williams. Attorney (Exhibit 1). b) Vote on motion to read by title only. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1079 by title only. Council Member Watford read proposed Ordinance No. 1079 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINITIONS, BYADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEFINITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS TO PROVIDE SIDEWALKSALONG STREETS; SECTIONS 90-103(1), 90-133(1), AND 90-193(2), BYADDING BED AND BREAKFAST ESTABLISHMENTS TO THE LIST OF SPECIAL EXCEPTION JANUARY 17, 2012 - REGULAR MEETING - PAGE 3 OF 8 [ ( 3 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VII. PUBLIC HEARING CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1079 by title only USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY; SECTIONS 90-135(B)(1) AND 90-196, BY continued. CLARIFYING THEMINIMUM YARD REQUIREMENTS FORZERO LOT LINE SINGLE-FAMILYDWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1) AND (2) AND 90-282(3) AND (5) BYADDING LAUNDROMAT AND TAKE-OUT RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY, BY MODIFYING SECTION 90-316 TO RECTIFY AN INCORRECT REFERENCE; SECTIONS 90-342 AND 90-343 BY MOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUBSECTION 90-511(e)(6) PROHIBITING PARKING SPACESADJACENT TOA DRIVEWAYFROMBEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAYOFA PUBLIC ROAD; SECTION 90-512 BYMODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTABLISHMENTS; BY DELETING SECTION 90-535 IN ITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SECTION 90-573(B) TO RECTIFY AN INCORRECT REFERENCE; BY MODIFYING THE TITLE OF DIVISION 9 TOINCLUDE SUPPLEMENTAL USE REGULATIONS; SECTIONS 90-693(3), 90-695(3), AND 90-696(3) BY MODIFYING THE MINIMUM SIDE AND REAR YARDS FOR COMMUNITY CENTERS, ADULT FAMILY CARE HOMES ORASSISTED LIVING FACILITIES, AND HOUSES OF WORSHIP; BYADDING A NEW SECTION 90-702 SETTING FORTH REGULATIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS;' PROVIDING FOR FINDINGS OFFACT; PROVIDING FOR SEVERABILITY, AND PROVIDING FORAN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1079. 111 Council Member Williams moved to adopt proposed Ordinance No. 1079; seconded by Council Member O'Connor. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Senior Planning Consultant Bill Brisson was present to address questions. The discussion clarified the amendments were more of a housekeeping nature from areas noted throughout the year that were in conflict with each other or not addressed at all. The Planning Board voted unanimously to recommend approval of the changes. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. �6� JANUARY 17, 2012 - REGULAR MEETING - PAGE 4 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING CONTINUED. B.1. a) Motion to read by title only, proposed Ordinance No. 1080 regarding Rezoning Application No. 11-002-R, submitted by Steve Dobbs on behalf of property owner Okeechobee Church of God for property located at 301 Northeast 4'h Avenue to change the zoning on Lots 7-12 of Block 120 from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO) - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1080 by title only 2. a) Motion to adopt proposed Ordinance No. 1080. Council Member Watford moved to read by title only, proposed Ordinance No. 1080, regarding Rezoning Application No. 11-002-R, submitted by Steve Dobbs, on behalf of property owner, Okeechobee Church of God, for property located at 301 Northeast 4th Avenue, to change the zoning designation on Lots 7 to 12 of Block 120, City of Okeechobee Subdivision, from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO); seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford read proposed Ordinance No. 1080 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Williams moved to adopt proposed Ordinance No. 1080; seconded by Council Member O'Connor b) Public comments and discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mr. Steve Dobbs was present on behalf of the applicant as well as Pastor Mark Smith of the Okeechobee Church of God. Mr. Brisson explained the applicant, Planning Staff and Planning Board were unanimous in the choice of CPO rather than the original request of Light Commercial (CLT). This zoning change will enable both the future land use classification and zoning designation to be compatible. The Planning Staff Report findings are as follows: the proposed rezoning is not contrary to Comprehensive Plan requirements. The proposed use of a cafe is specifically authorized under the zoning district as a special exception in both the CPO and CLT Districts. The proposed use will not have an adverse effect on the public interest since the use of the cafe and the church are not simultaneous events. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, to the North is the parsonage for the Church of God zoned RSF-1; to the East are single family homes zoned RSF-1; to the South are offices and single family homes zoned RSF-1 and Heavy Commercial (CHV); and to the West is vacant property zoned CHV. The proposed use is not contrary or detrimental to urbanizing land use patterns, nor will it adversely affect property values, living conditions, be a deterrent to the improvements or development of adjacent property. JANUARY 17, 2012 - REGULAR MEETING -PAGE 5 OF 8 6 C 15 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued to adopt proposed (Continued from page 4) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact Ordinance No. 1080. of any nuisance or hazard to the neighborhood. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. It will not create traffic congestion, flooding or drainage problems or otherwise affect public safety. The proposed use has not been inordinately burdened by unnecessary restrictions. Council Member Watford thanked the applicant for agreeing to the lesser use. Council Member Maxwell asked whether the parking agreement was factored in the rezoning and did the recent changes to parking requirements for storefront churches come into account on this application. Mr. Brisson explained the parking was not a factor in the rezoning, it was a special condition on the Special Exception Application (11-003-SE). Regulations for storefront churches were not taken into account as this does not qualify as one. The cafe is an accessory use to the church. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only, proposed Ordinance No. 1081 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1081, regarding a natural gas franchise a natural gas franchise agreement with Public Utilities Company - agreement with Public Utilities Company; seconded by Council Member Williams. City Attorney (Exhibit 3). b) Vote on motion to read by title only. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1081 by title only. Council Member Watford read proposed Ordinance No. 1081 by title only as follows: "AN ORDINANCE GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF 30 YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF OKEECHOBEE, FLORIDA, WORKS FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, AND SALE OFGAS, INCLUDING NATURAL, MANUFACTURED ORMIXED GAS; PROVIDING SEVERABILITYAND AN EFFECTIVE DATE UPON FINAL PASSAGE." 2. a) Motion to adopt proposed Ordinance No. 1081. Council Member Watford moved to deny the adoption of proposed Ordinance No. 1081; seconded by Council Member 11 O'Connor. b) Public comments and discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. JANUARY 17, 2012 - REGULAR MEETING - PAGE 6 OF 8 AGENDA VII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued to adopt proposed Ordinance No. 1081. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. VIII. UNFINISHED BUSINESS. A. Motion to approve a settlement agreement regarding the Carter Pritchett litigation (as noted from December 6, 2011 meeting) - City Attorney. IX. NEW BUSINESS. A. Presentation by Grant Administrator Nancy Phillips regarding CDBG Housing Grant 10DB-H08, followed by a motion to approve the applicant ranking list - City Administrator (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE The Council noted that in light of the number of questions at the first reading and further research by Staff, it would be easier to start over with a new ordinance addressing all the issues. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. MOTION CARRIED. This item was withdrawn from the agenda and will be addressed in Executive Session on February 7, 2012. City Grant Administrator Nancy Phillips of Nancy Phillips and Associates addressed the Council regarding the status of the housing rehabilitation grant applications. The City solicited housing applications through November 12, 2011, after advertising in the local newspaper and received 14 applications. One application was deemed over income, one withdrew, leaving 12 applications to be ranked according to the criteria noted in the City's Housing Assistance Plan (HAP) as follows: Very Low Income Families, 30 points; Low Income Families, 30 points; Elderly, 30 points; Disabled 30 points; Female Head of Household (single with at least 1 dependent), 30 points; Male Head of Household (single with at least 1 dependent) 30 points. Ms. Phillips advised that the City has to rehabilitate 10 houses as part of the qualifications for the grant. After the applicant ranking order has been approved each house will be inspected to identify the necessary improvements. Bids for Request for Proposals will be advertised on each individual home. Should a house be deemed necessary for demolition, it will be considered after the other homes have been completed. The City can still receive applications and will be considered after the 10 have been completed and whether funding is available. Ms. Phillips stated the Council must disclose any relationship to an applicant at this time. The Mayor and Council noted for the record that to the best of their knowledge, they were not related to any of the applicants listed in Exhibit Four. Council Member Watford moved to approve the CDBG Housing Rehabilitation Grant applicant ranking list in the following order; seconded by Council Member Maxwell: JANUARY 17, 2012 - REGULAR MEETING - PAGE 7 OF 8 lz-7 1 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. A. Presentation by Grant Administrator Nancy Phillips regarding CDBG 1. Beverly Alvarado 605 NW 17th Street 2. Marilyn Smith 512 SE 10th Avenue Housing Grant 10DB-1-108, followed by a motion to approve the 3. Leslie Arnold 1009 SW 11 th Street 4. Shirley Roberts 915 NW 9th Street applicant ranking list continued. 5. Patricia Anderson 11 NW 12th Street 6. Cebrena Thomas 925 NW 11th Street 7. Maria Gomez 1106 SW 5th Street 8. Mattie Wyatt 106 NW 5th Street 9. Debra Leon 604 NW 15th Street 10. Gloria Goulette 809 SE 9th Court 11. Henrietta Ridley 1609 NW 7th Avenue 12. Judy Curtis 209 SE 8th Avenue VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to appoint the Grievance Committee, term being January 18, III Council Member Watford moved to approve the Personnel Grievance Committee, for a term of two years, January 18, 2012 - January 17, 2014 - City Clerk (Exhibit 5). 2012 to January 17, 2014; seconded by Council Member Williams: DEPARTMENT ACTIVE MEMBER ALTERNATE MEMBER Police Skip Eddings Larry Parzygnat Fire Jeff Baugh Adam Crum Finance Nathan Pippin India Riedel Administration Robin Brock Melisa Jahner Public Works Marvin Roberts Clint Gould VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Consider Citizen Board Appointments - City Clerk (Exhibit 6). The Code Enforcement Board has one vacancy due to Mr. Frank Irby being appointed as a County Commissioner. After advertising on the City's website and through various organizations, no applications have been received to date. The vacant positions term expires April 30, 2012. Normally the procedure would be to move one of the alternate members to fill the vacancy. However, as recommended by Clerk Gamiotea, the Council decided it was best to leave the position vacant and address the appointments at the April 3, 2012 meeting so the term will be a full three year appointment. 6 i-, � JANUARY 17, 2012 - REGULAR MEETING - PAGE 8 OF 8 IX., NEW BUSINESS CONTINUED. C. Consider Citizen Board Appointments continued. The City's regular appointed member to the Okeechobee Utility Authority Board is vacant due to Mr. Irby's appointment. The alternate member, Mr. Fadley, wishes to remain in his position. Notices have been published since the end of November, 2011, only one application has been received from Mr. Randy Huckabee. There was discussion as to advertise longer so there could be more applicants to choose from. Council Member Watford moved to appoint Mr. Randy Huckabee as the City's Regular Member to the Okeechobee Utility Authority Board, term being Januaryy.18, 2012 through March 1, 2013, seconded by Council Member Williams. KIRK - YEA WATFORD - YEA X. ADJOURN MEETING - Mayor. VOTE MAXWELL - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. Please take notice and be advised that when a person decides to appeal any decision made by the City council with There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:43 p.m. 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 The next regular scheduled meeting is February 7, 2012 at 6:00 p.m. are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane amiotea, C, City Clerk CITY OF OKEECHOBEE JANUARY 17, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - MAYOR: January 17, 2012, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Jim Benton, Faith Tabernacle; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk ,/ Council Member Devin Maxwell ✓ Council Member Mike O'Connor✓ Council Member Dowling R. Watford, Jr.;/ Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook aA& � City Clerk Lane Gamiotea ,/ Deputy Clerk Melisa Jahner ✓ Police Chief Denny Davis ✓ Fire Chief Herb Smith ✓ Public Works Director Donnie Robertson ✓ IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 3, 2012 Regular Meeting. dL4 el, IM W VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Z�,6 — /La'1L c- W jtw,, WARRANT REGISTER - City Administrator. A. Motion to approve the December2011 Warrant Register.N.aa'` General Fund $436,697.85 (' OW u ALI )U -7 Public Facility Fund $ 13,596.09 r%. CDBG Fund $ 5,000.00`�'`� Capital -Impact Fee Fund $ 19,015.00 Capital - Project Fund $ 47,265.60 OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. (� A.1.a) Motion to read by title only proposed Ordinance No. 1079 regarding amendments to the City Land Development Regulations- City Attorney (Exhibit 1). b) Vote on motion to read by title only. tv, C 'a u f_ JYu anti Ac_tc) c) C� to read proposed Ordinance No. 1079 by title only. 2.a) Motion to adopt Ordinance No. 1079. ���-) ►�V� �� ,iil U Cc'�� �. b) Public Zments and Discussion. 6kG'�/.LlG-J � �',c7^ , c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No.1080 regarding Re -zoning Application No. 11-002-R, submitted by Steve Dobbs on behalf of property owner Okeechobee Church of God for property located at 301 Northeast 4`h Avenue to change the zoning classification on Lots 7-12 of Block 120 from RSF-1 to CPO - City Attorney (Exhibit 2). January 17, 2012 PAGE 2 of 4 17, 2012 PAGE 3 of 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 13.1.1b) Vote on motion to read by title only.��(��l�„�u c) Cit ey�to read proposed Ordinance No. 1080 by title only. 2.a) Motion to adopt Ordinance No. 1080. (,� Awii 7 b) Public comments and discussion.�.� ` ���� � _ � ' l�l� 1 �� � �t�� ,mot ✓� �-� � ✓� � a c) Vote on motion. CA.a) Motion to read by title only proposed Ordinance No.1081 regarding a natural gas franchise agreement with Florida Public Utilities Company - City Attorney (Exhibit 3). b) Vote on motion to read by title only. �►ul, C �' c) City Atto a proposed Ordinance No. 1081 by title only. 2.a) Motion to adopt Ordinance No. 1081. n� y b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. UNFINISHED BUSINESS. A. Motion to approve a settlement agreement regarding the Carter Pritchett litigation (as noted from December 6, 2011 meeting) - City Attorney. January 17, 2012 PAGE 4 of 4 IX. NEW BUSINESS. A. Presentation by Grant Administrator Nancy Phillips regarding CDBG Housi g Grant 10DB-1-108, followed by a motion to appro a the applicant ranking list - City Administrator - (Exhibit 4). �— /t11 C1vtV�zC /�(tca� /� czSJ c cti�,z, B. Motion to appoint the Grievance Committee, term being January 1,8, 2012 - January 17, 2014 -City ClerkjExhibit 5). ;e� �� cV&,Q C. Consider Citizen Board Appointments - City Clerk (Exhibit 6). t B (jt )c Ca �� i7��i X. ADJOURN MEETING. � (,1d.. 43 r �4, �✓� _ �/L lLd C� 6 �i -`Z° � G� { �(,•t�, . � � Y`-'�) �,�'i 1C-(� `.ii`ll�i� �Ltl' 1� c+U /ii�7 �C ��'.%Zii,L�(.t.(�-U�K-��,.�.�.%J� 1 1 lye/ o �� l a�- X,,&u Gam- o 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 evidenceu upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. ,� J, CU4-41t-LA-a-111- A e 14 F1 t,u lOj2,L- d NDEPEMM NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a__ u) �- in the matter of I in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of C f 14 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement fopj!ir<licatioy}n the said newspaper. Byrd Sworn to and subscribed before me this � i, —__day of.t_ AD Notary Public, State of Florida at Large ,,jT iRY PUBLIC -STATE OF Fi,rjfiIDA Angie Bridges :Commission # DD779718 �` Expires: APR. 20, 2012 3oNDED THRU ATI A1V rIC BONDING CO,, INC. (863) 763-3134 P YCOUNICIL NEERN6 NOTICE NOTICE IS.HERGIVEN that the CRy Council of the atY of Okee[ha will meet m Rer Session on 7anuary 17, 2012; at 6:00 .m, at City Hall, E 3rd Ave, R. 000, , Florida. The public Invite0 and entoud'to attend. MEASE TAIL NOAND BE ADVISED that no sberwgraD remrd _- tied court repowR-tie made of the taregoing ig. Accord vfio mek to any gedston l�lvlog the matters herein will beonsible (or making a verbatMn record of the tests and evidence aid meetingupon vArk)n arty appeal B m be based. cold City irjistratbn at863-763-3372, or websfte to Main a mpy of the agenda. . Ina wne AtnerkansAct (ADA) of,1990 perneedirw speciommodation to participate inn this proceeding should the City CleOffice at 863-763.3372 for assistance. lames E.-I0rk, orLane Gamiotea , City Clerk063 ON 13 f0 LXHIBIT 1 JAN 17, 2012 ORDINANCE NO. 1070" AN ORDINANCE OF THE CITY OF OKEECHOBEE,, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINITIONS, BY ADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEFINITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS TO PROVIDE SIDEWALKS ALONG STREETS; SECTIONS 90-103(1), 90- 133(1), AND 90-193(2), BY ADDING BED AND BREAKFAST ESTABLISHMENTS TO THE LIST OF SPECIAL EXCEPTION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY; SECTIONS 90-135(B)(1) AND 90-196, BY CLARIFYING THE MINIMUM YARD REQUIREMENTS FORZERO LOT LINE SINGLE-FAMILY DWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1) AND (2) AND 90- 282(3) AND (5) BY ADDING LAUNDROMAT AND TAKE-OUT RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY; BY MODIFYING SECTION 90-316 TO RECTIFY AN INCORRECT REFERENCE; SECTIONS 90-342 AND 90-343 BY MOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUBSECTION 90-511(e)(6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVEWAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUBLIC ROAD; SECTION 90-512 BY MODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTABLISHMENTS; BY DELETING SECTION 90-535 IN ITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SECTION 90- 573(B) TO RECTIFYAN INCORRECT REFERENCE; BY MODIFYING THE TITLE OF DIVISION 9 TO INCLUDE SUPPLEMENTAL USE REGULATIONS; SECTIONS 90-693(3), 90-695(3), AND 90-696(3) BY MODIFYING THE MINIMUM SIDE AND REAR YARDS FOR COMMUNITY CENTERS, ADULT FAMILY CARE HOMES OR ASSISTED LIVING FACILITIES, AND HOUSES OF WORSHIP; BY ADDING A NEW SECTION 90-702 SETTING FORTH REGULATIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to update recent legislative amendments; to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications to the code to present to the City Council for ordinance adoption; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the city and its citizens costs and time, this ordinance is a compilation of many Language to be added is underlined Language to be deleted is fought Ordinance No. 1079 Page 1 of 8 amendments, which when adopted, will amend each of the cited code sections upon its effective date; and WHEREAS, the City Council for the City of Okeechobee, Florida, has considered the recommendations of the Planning Board and Staff, and concludes that each of the proposed amendments are in the best interests of the City and its citizens, that said amendments are necessary and appropriate to make the codes more consistent and responsive to the needs of the City and its citizens. 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 1. That the City Council for the City of Okeechobee, Florida amends herein Chapter 30, ENVIRONMENT, Section 30-35(c) as follows: (c) All apartments of four units or more Except for single-family developments, all residential developments of four or more dwelling units must use a�°e-re�taii°ee1-ta ttse commercial sanitary garbage containers as approved by the city. Areas where such containers are located must be screened from view on all sides by a fence not less than four feet and not more than six feet in height, with provision for convenient and safe access by the collection service. Street -side pick-up of garbage or trash is prohibited. Section 2. That the City Council for the City of Okeechobee, Florida amends herein Chapter 66, GENERAL PROVISIONS, Section 66-1, Definitions, as follows: Adult family care homes or assisted living facilities means a building designed or used as permanent living quarters for six or more unrelated persons or families, in which individual cooking facilities are not provided. The term "adult family care homes or assisted living facilities" includes an adult congregate living facility, monastery,boardinghouse, fraternity house, and housing for the elderly. The term "adult family care homes or assisted living facilities" shall not include a hotel, motel, or nursing home. Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Boardinghouse means an owner -occupied dwelling, or part thereof, wherein #atrr or more people are sheltered fbr , in which lodging, and perhaps meals, are provided to individuals unrelated to the owner for compensation: includes a rooming house. and bed and breakfast establishments. Bed and Breakfast establishment means an owner -occupied dwelling in which overnight accommodations and a morning meal are provided, for compensation, to transients. Cluster development means the development of residential dwelling units, or commercial, industrial or institutional building floor area, in which the density or intensit of the uses is increased by the transfer of density or intensity from one site or part of a site to another. Such development is authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. Community center means a meeting or assembly hall, museurn, art gallery, Language to be added is underlined Language to be deleted is struelt t . aug'i Ordinance No. 1079 Page 2 of 8 a facility used for recreational social educational or cultural activities, and not operated primarily for profit. Dock means any fixed or floating accessory structure for securing vessels, loading or unloading persons or property or providing access to the water. Flag means any freely waving material containing colors, patterns, insignias or symbols except as otherwise defined for the purposes of distinguishing a flag from a banner (see definition of a flag in Division 5, Signs, 00-564). Flea market means a market held in an open area or structure where parcels of land or portions of a building(s) are rented to individual merchants to display and sell goods Floor area ratio means a ratio of gross floor area of all struettires on a lot to thO +et -area the gross floor area of all buildings or structures on a lot divided by the total area of the lot. Height (See definitions for building height and structure height) Home occupation means a business, profession, or trade carried out for financial gain by a resident and within the resident's dwelling unit. dwelling f6r finaneialgain by an oeeupant of the dwelling. Hotel means an establishment containing primarily sleeping accommodations for transient guests, with me pro i i le for ecoking rooms with no kitchen facilities other than a microwave coffee got, and small refrigerator, and which may have restaurants, personal services and indoor recreation as accessory uses. House of worship means a church, temple, synagogue and similar centers of an established religion for the primary_ purpose of conducting religious services on a regular basis. -- - 00i Dry cleaner/laundry means an establishment where retail customers drop off and pick up clothing for laundering and/or cleaning. Laundering and/or dry cleaning may be conducted on the premises. Laundromat means an establishment providing home -type washing, drying, and dry cleaning and/or ironing machines on the premises for rental use to the general public. Lower income family means a family or household whose annual income does not exceed 80 percent of that of a median family or household income for the city, adjusted for household size. Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the fabrication and/or assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. Marina means a facility for storing, servicing, fueling, berthing, and securing of boats and which may include eating, sleeping, and retail facilities for owners, crews, and quests. Nonconforming use means a lawful building, structure or land existing on the date of enactment or amendment of these regulations, but which does not conform to the use regulations of the district in which it is located. Language to be added is underlined Language to be deleted is strtiek-through Ordinance No. 1079 Page 3 of 8 Nursing home means an establishment providing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is are provided; but not including hospitals, clinics and institutions. Off-street loading space means space at least ten feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle while loading or unloading persons or cargo. Outdoor vehicle sales lot means an establishment for the sales of new and used operable vehicles including cars, campers, recreational vehicles, trailers, trucks, boats and similar vehicles; and excluding golf carts riding mowers, go-carts, farm equipment and mobile homes. Pier (see Dock) Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not-for-grofit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. Recreational vehicle park means land under unified control designed to accommodate two or more shortter short-term overnight parking of for five or more recreational vehicles, and not for permanent residential use. Research laboratoa means a facility for investigation into the natural, physical, or social sciences which may include engineering and product development. Residential migrant housing facility means housing provided for individuals and their families who are migrant farm workers to be occupied solely by such migrant farm workers and their families while employed in active agricultural operations. Restaurant means an establishment where food and drink are prepared, served, and consumed mostly within the principal building. Restaurant take-out means an establishment where food and/or beverages are sold in a form ready for consumption where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering1 and pickup of food and/or beverages may take place from an automobile when a special exception for drive -through service has been approved. Retail store means an enclosed establishmentselling retail goods, and not, in which goods or merchandise are sold or rented directly to the general public-, and which does not involve the manufacture or processing of such goods except as may be incidental and subordinate to the retail sale as in the case of a retail bakery or jeweler. Service, personal, means an establishment ineluding. primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, dry eleanei`, nail care, pawnshop, reducing studio salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a restaurant, take-out restaurant, cafe, printer, pawnshop, dance or music studio, pet shop as well as a bar or tavern for on -premise consumption of aiechot alcoholic beverages, and similar establishments. Structure height means the vertical distance measured from the average elevation of a proposed finished grade for the structure to the highest point of the structure (for roofed structures see Building height) Section 3. Language to be added is underlined Language to be deleted is trough Ordinance No. 1079 Page 4 of 8 That the City Council for the City of Okeechobee, Florida amends herein Chapter 78, DEVELOPMENT STANDARDS, Section 78-36 to read as follows: Sec. 78-36 Sidewalks, driveways, and pedestrian access. �aj When required. (1) All projects, except for those involving only one individual single- family structure, constructed in zoning districts set out in Section 90-71 of this Code, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. Section 4. That the City City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-103(1), 90-133(1), and 90-193(2) by adding bed and breakfast establishments to the list of special exception uses in the RSF 1, RSF 2, and RMF Districts, respectively, to read as follows and to renumber subsequent uses accordingly RSF 1 District, Sec. 90-103. Special exception uses. (I )Boardinghouse (2 Bed and breakfast establishments with six or fewer sleeping rooms RSF 2 District, Sec. 90-133. Special exception uses.... (1) Boardinghouse (2) Bed and breakfast establishments with six or fewer sleeping rooms RMF District, Sec. 90-193. Special exception uses. (2) Boardinghouse (3) Bed and breakfast establishments. Section 5. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-135(B)(1) and 90-196 by clarifying the minimum yard requirements for zero lot line single-family dwellings in the RSF 2 and RMF Districts, respectively, to read as follows: RSF 2 District, 90-135. Lot and structure requirements (b) Minimum yard requirements... (1) Single-family dwelling: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet RMF District, 90-196. Lot and structure requirements. (2) Minimum yard requirements... (a) Single-family dwelling and two family dwellings: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet Language to be added is underlined Language to be deleted is straek4hreagh Ordinance No. 1079 Page 5 of 8 Section 6. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-253(1) and (2) and 90-282(3) and (5) by adding laundromat and take-out restaurant to the list of special exception and permitted uses in the CLT and CHV Districts, respectively, to read as follows: CLT District, 90-253, Special exception uses. (1) Restaurant, take-out restaurant, cafe. (2) Dry eleamer, latind Dry cleaner/laundry, Laundromat CHV District, Sec. 90-282. Permitted uses. (3) Restaurant, take-out restaurant, cafe. (5) Dry eieaner, latimel Dry-cleaner/laundry, laundromat Section 7. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90-316 to read as follows: Sec. 90-316. Additional regulations The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in section 99-394 90-315, such applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regulation. Section 8. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90-342 and 90-343 by moving cafe from the list of special exception uses to the list of permitted uses in the Industrial District and by adding certain personal service uses to the list of permitted uses in the Industrial District. Section 90-342, Permitted uses. 22 Cafe (23 Barbershop, beauty shop 24 Dry Cleaner/laundry LZ51 Nail care (261 Shoe repair (271 Tailor Section 9. Section 90-343, Special exception uses. (5) —GaW That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new subsection 90-511(e)(6) to read as follows: (6) For new construction no parking space accessed via a driveway from a public road shall be located closer than 20 feet from the right-of-way line of said public road. Section 10. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, Section 90-512 by modifying the off-street parking requirement for automobile sales establishments to read as follows: DIVISION 3. OFF-STREET PARKING AND LOADING Sec. 90-512. Space regulations. Language to be added is underlined Language to be deleted is struek through Ordinance No. 1079 Page 6 of 8 (2) Commercial Uses: Automobile sales. 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Section 11. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by deleting Section 90-535 in its entirety and modifying Section 90-534 to read as follows: Sec. 90-534. Required residential and nonresidential buffer areas. For all development undertaken throughout the city, except for these associated with construction of an individual single-family or duplex structure, landscaped buffer areas shall be required within required setbacks and landscaped as follows: Section 12. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by modifying Section 90-573(b) to read as follows: (b) Total area of all signs. The combined sign area of building signs, ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection (fie) a 3 , above, shall not exceed 48 square feet. Section 13. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by modifying the title of Division 9 to read as follows: DIVISION 9. SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS Section 14. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, relating to required minimum side and rear yards for community centers, adult family care homes or assisted living facilities, and houses of worship as set forth in Sections 90-693(3), 90-695(3) and 90-696(3) each to read as follows (3) Minimum yards Front 40 feet Side 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. Section 15. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new Section 90-702 setting forth regulations specifically pertaining to outdoor vehicle sales lots, to read as follows: Language to be added is underlined Language to be deleted is struelrthrough Ordinance No. 1079 Page 7 of 8 Sec. 90-702. Outdoor vehicle sales lot Outdoor vehicle sales lot reauirements are follows: Location Where permitted by district regulations. Minimum lot area 6,250 50 feet wade square feet, 10,000 square feet; 100 feet wide ( Minimum yards As permitted by district regulations. Maximum lot coverage As permitted by district regulations. Max. impervious coverage As permitted by district regulations. Maximum height As permitted by district regulations Ln Special requirements Display area: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition. Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15% of the site that is required to be pervious. Vehicles on display must be located at least three (3) feet from any sidewalk or property line. Lighting: Artificial lighting used to illuminate the premises must be directed away from ad'acentproperties and streets shining only on the subiect site. Section 16. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 18. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 3rd day of January, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of January, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struelt through Ordinance No. 1079 Page 8 of 8 -1NDEPENDEPAT itr Ir�wsrwrt�s OKEECHOBEE NEWS 107 S.W. 1701 St—L Suite D, Okeechobee. FL 34974 (863) M-3134 PUBLIC NOTICE STATE OF FLORIDA CONSIDERATION OF ADOPTING COUNTY OF OKEECHOBEE A CITY ORDINANCE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a _LPL-(.� 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 __-- / , 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement.jxwTublication in the said newspaper. Tom Byrd Sworn to and subscribed before me this __day of , _ l _ AD i Notary Public, State of Florida at Large J l .r01'AFY P LIC-STATE OF Fl , u.. Angie Bridges Cammisston XDD779718 `-� Expires: APR.20,2012 `-CEO �-HFU M1FLANTIIC SONOIN& CO., M PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 17, 2012 at 6:00 p.m. or as soon thereafter j possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a Public Hearing for the first reading of the following Ordinance into law: 1079: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SEC- TION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66.1 DEFINI- TIONS, BY ADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEFINITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVI- SIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS . TO PROVIDE SIDEWALKS ALONG STREETS; SECTIONS 90.103(1), 90- 133(1), AND 90-193(2), BY ADDING BED AND BREAKFAST ESTABLISH- MENTS TO THE LIST OF SPECIAL EXCEPTION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY; SECTIONS 90-135(9)(1) AND 90.196, BY CLARIFYING THE MINIMUM YARD REQUIREMENTS FOR ZERO LOT LINE SINGLE-FAMILY DWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1) AND (2) AND 90-282(3) AND (5) BY.ADDING LAUNDRO- MAT AND TAKE-OUT RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY; BY MODIFYING SECTION 90-316 TO RECTIFY AN INCORRECT REFER- ENCE; SECTIONS 90-342 AND 90-M BY MOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUBSECTION 90-511(sK6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVEWAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUBLIC ROAD; SECTION 90.512 BY MODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTAB- LISHMENTS; BY DELETING SECTION 90-5351N ITS ENTIRETY AND INCOR- PORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SEC- TION 90.573(6) TO RECTIFY AN INCORRECT REFERENCE; BY MODIFYING THE TITLE OF DIVISION 9 TO INCLUDE SUPPLEMENTAL USE REGULA- TIONS; SECTIONS 90-693(3), 90-695(3), AND 90.696(3) BY MODIFYING THE MINIMUM SIDE AND REAR YARDS FOR COMMUNITY CENTERS, ADULT FAMILY CARE HOMES OR ASSISTED LIVING FACILITIES, AND HOUSES OF WORSHIP; BY ADDING A NEW SECTION M702 SETTING FORTH REGULA- TIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the agenda may be obtained from the City website www.cityofo- keechobee.com, or contact Administration, (863) 763-3372 x 212. A copy of the entire application(s) is available at the City Clerk's Office during regular business hours, Mon -Fri, 8am-4:30pm, except for holidays. TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website www.cityofokeechobee.com, to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should con- tact the City Clerk's Office at 863-763-3372 for assistance. PUBU$H: 1.8 2012, Ok—hol— N— by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk t) d 1`XHIBIT 2 JAN 17, 2012 ORDINANCE NO. 1080 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the Okeechobee Church of God, more particularly described hereafter, has heretofore filed Petition No. 11-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.033 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District, and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 15, 2011, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 7 TO 12, INCLUSIVE, OF BLOCK 120 AND THE SOUTH ONE-HALF 15 FOOT ALLEY IN BLOCK 120, AS VACATED IN O.R. BOOK, PAGE 523, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (1.033 acres) zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1080 Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 3rd day of January, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 171h day of January, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1080 Page 2 of 2 DECEMBER 15, 2011- PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 4 II AGENDA III ACTION - DISCUSSION - VOTE II V. CONSIDER PETITIONS AND APPLICATIONS- Chairperson. A. Petition No. 11-002-R, submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4" Avenue, to change the Zoning classification on Lots 7-12 of Block 120, City of Okeechobee, from Residential Single Family -One to Light Commercial - City Planner. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent 3. Open Public Hearing for comment. 4. Close Public Hearing - Chairperson. 5. Board Discussion. Consider motion and vote. Petition No. 11-002-R, submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4" Avenue to change the Zoning classification on Lots 7-12 of Block 120, City of Okeechobee, from Residential Single Family -One to Light Commercial. Mr. Brisson presented the Planning Staff Report of approval, stating the applicant wished to rezone to Light Commercial to allow for a cafe. The Church is proposing a 15 seat, 640 square foot cafe to be located in the Northwest corner of the existing building. Light Commercial is consistent with the Comp Plan, but in order to recognize the least intensive commercial use, which would allow the applicant to do what they wanted, they would recommend Commercial Professional Office. This would still allow a cafe by Special Exception, but does not allow a regular sized restaurant which provides some protection to the surrounding area. The Church owns the property to the North where the Parsonage is located and which would be most impacted. The properties to the South are separated by the Church's' existing buildings and to the East there is a good distance of separation. There are no problems with traffic or congestion and no density involved. The Planning Staff recommends Commercial Professional Office zoning classification. Steven Dobbs, designee for the Property Owner, Okeechobee Church of God, was present for questions from the Planning Board along with Reverend Smith. He stated they would be in agreement with Commercial Professional Office instead of Light Commercial. Chairperson Hoover opened the floor for public comments at 6:10 p.m. There were none. Chairperson Hoover closed the Public Hearing at 6:10 p.m. The floor was opened for Board discussion, there was none. Member Burroughs moved to approve Application No. 11-002-R submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4" Avenue to change the Zoning classification on Lots 7-12 of Block 120, City of Okeechobee, from Residential Single Family -One to Commercial Professional Office; seconded by Member Keller. DECEMBER 15, 2011 - Planning Board/Board of Adjustment and Appeals - Page 3 of 4 II AGENDA III ACTION - DISCUSSION - VOTE II V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 6. Consider motion and vote continued. VOTE HOOVER -YEA BURROUGHS -YEA BRASS - ABSENT KELLER-YEA LUVIANO- ABSENT MCCOY-YEA BAUGHMAN-YEA MORGAN-YEA MOTION CARRIED. VI. OPEN PUBLIC HEARING - Chairperson. QUASI-JUDICIAL Chairperson Hoover opened the Public Hearing at 6:11 p.m. A. Petition No. 11-003-SE submitted by Steven Dobbs on behalf of Petition No. 11-003-SE submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property owner Okeechobee Church of God, for property located at property located at 301 Northeast 4'" Avenue to allow a cafe within a Light Commercial Zoning district. (Ref. Sec. 90-253 301 Northeast 4`h Avenue to allow a cafe within a Light Commercial (1)). Zoning district. (Ref. Sec. 90-253 (1)) - City Planner. 1. Hear from Planning Staff. Mr. Brisson presented the Planning Staff Report of approval stating this was the same property that was just discussed and the rezoning was recommended for approval to Commercial Professional Office. The Church wishes to use the parking on the north side of the street for the proposed cafe. They currently have 40 parking spaces and the cafe would require 9 spaces. Approval is recommended with two stipulations. There will be no overlay in the hours the cafe is open with those that the sanctuary and classrooms are being used or with any other church function. The 11 other being that the City Council approve the parking arrangement as proposed per Sec. 90-483 (1)b. 2. Hear from the Property Owner or designee/agent. III Steven Dobbs, designee for the Property Owner, Okeechobee Church of God, was present for questions from the Planning Board along with Reverend Smith. 3. Open Public Hearing for comment. Chairperson Hoover opened the floor for public comments at 6:30 p.m. There were none. 4. Close Public Hearing - Chairperson. Chairperson Hoover closed the Public Hearing at 6:30 p.m. 5. Board Discussion. The floor was opened for Board discussion, there was none. p. z City of Okeechobee General Services Department SS S.E. 3r° Avenue, Room 101 Okeechobee, Florida 39974-2903 Date: 1 113 I L! Petition No. Fee Paid: Q LIS 0-317 urisdiction: i I" Hearing: I v(• �r7-(� 2nd Hearin ,I , Publication Dates: ` i � �. 3L- Notices Mailed: Rezone, Specta#. Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Okeechobee Church of God 2 Owner mailing address: 301 NE 4th Avenue 34972 3 Name of applicants) if other than owner 4 Applicant mailing address: 4a e-mail address: sdobbs@stevedobbsengineering.com 5 Name of contact person (state relationship): Steven L. Dobbs - Representative 6 Contact person daytime phone(s):863-824-7644 PROPER: 7Y INFORMATION 7 Property address/directions to property: 301 NE 4th Avenue 34972, South 1/2 of block s Describe current use of property: House of Worship 9 Describe improvements on property number/type buildings, dwelling units , occupied or vacant, etc. Sanctuary, Fellowship Hall, classrooms 10 Approx. acreage:2.07 Acres Is property in a platted subdivision? Yes 11 Is there a use on the property that is or was in violation of a city or county ordinance. If so, describe: No 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North:Vacant lot owned by Church, RSF East:Developed Residential Block South:3/4 block Heavy Commercial, 1/2 RSF West:Vacant Land RSF 14 Existing zoning: RSF Future Land Use classification Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property. ( X ) No (_-__) Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone ( X ) Special Exception (—) Variance 17 Parcel Identification Number:3-15-37-35-0010-01200-0010 (Rev. 0411 1) Page I of 1 I REQUIRED ATTACHMENTS Applicant's statement of interest in property: Owner 18 Non-refundable application fee: Rezoning $8'50; Special Exception: $500; Variance: $500; all plus $30/acre Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -- When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the 19 actual costs. 20 Last recorded warranty deed N/A, Quit Claim Deed for Alley Attached 21 Notarized letter of consent farm property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x 17") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description 22 c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and 'location sketch of the subject property. See the 23 Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 For questions relating to this application packet, call General Services Dept, at (863)-763-3372, Ext. 218 (Rev. 04/1 1) Page 2 of I I Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners Ihereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made.to me by members of that Office that the information reviewed constitutes the most recent information available 74 to that office. i therefore attest to this 36 day of OCT® 26 &— a- a ® 1 J Signature of Applicant &� i Name of Applicant (printed or typed) StateofFlorida County of Okeechobee Dom, a,Wl Date Sworn to and subscribed before me this 3U day of ��v�ed , - ®// Personally known to me v or produced as identification and did not take an _oath. iry Public, State of Florida Seal: ��.•• w•,�` ERIC L. MYERS Notary Public - State of Florida • My Comm. Expires Nov 15, 2013 Commission # DD 024817 Bonded Through National Notary Assn. (Rev_ 04J11) Page 3 of l l Nov 29 11 12:10p Okeechobee Church of God 8634671750 p.l CHUPCH Of -I GOD f i Cyr .i r9 a r.a r t7 f F .i PASTORAL APPOINTMENT LETTER August 3. 2009 The Reverend Kenneth Mark Smith (File No. 43857) 301 NE 4th Ave Okeechobee, FL 34972-2992 TO WHOM IT MAY CONCERN This is to certify that Reverend Kenneth Mark Smith has been duly appointed as pastor of the Okeechobee Church of God (Church File No. 194). This appointment is made by Dr. J. Martin Taylor, duly appointed Administrative Bishop of the Church of God in Tampa. Florida, and is effective July 19, 2009. As pastor of the Okeechobee Church of Gad, Reverend Kenneth Mark Smith is to take charge of all church funds, notes, documents, bank accounts and records belonging to the Okeechobee Church of God and coming under the jurisdiction of the pastor in compliance with the rulings of the Church of God General Assembly and recorded in the 2006 Minutes of the Church of GQd GengrR AAAem_.b_IV and the rulings of the 2006 State Ministers Meeting. Further, this ministerial appointment, may also be rescinded at any time by the duly appointed administrative bishop, as provided for in the book of church order or book of discipline for the Church of God, the Minutes of the Church of God General Assembly (2006 e ;fi n , or as amended from time to time. Sincerely, CHU H OF GOD FLORIDA STATE OFFICE Mrilln yforBD. d. shopAdministratve i JMTlnap AC., Rick Wh►tter, Regional Bishop R.O. Harris, Elder Church Clerk All State Office Departments STATE OF FLORIQA I COUNTY OF HILLSBOROUGH Martln TsylOr. duly eppdnlrrd AdMIMAlnthre Blenop o/"Churcree of Uod 1m Floride, p*tson§%Y 1fpPaKOd t4' m• end ponondlty known by me. the undersigned Notary Public In and for the slate and county eforesaid, end sckr+ "Iedgee the he exec ned thk doulment roc the purposes hetBln con(slfled and explesaed, He iNa not take an oetir. \1�1111111i1Ifr/r/!/ v �7 z009• t••r... wrtnass my Rand and seal this Mary n Ftortan, Notary P ftc 1ID0 B721pg My Commission Ezpire9'. �. g. f 3 % y r .ip zI 373t'; r,:l{q;'jMON'T C1RiVF I AMPA FLC)FIOA ,61D 1BI31 t3' 0-3368 t E� `�� '//�/IIIfb liitllO\\```\ 3-15-37-35-0010-01210-0010 WOLFORD WANDA SUE TRUSTEE 1888 EAST R44OAD 6 5 4 JFL322116454 2 1 _--- 3-15-37-35-0010-01210-0070 WOLFORD WANDA SUE TRUSTEE 1888 EAST �1,YROAD 7 8 9 JFL3221�a'14E 11 12 3-15-37-35-0010-01420-0010 TENNISWOOD JAMES R & PATRICIA 10088EECHO AVENUE 6 5 4 3 FL349740 1 7 8 9 10 11 12 120 7 8 9 10 11 12 W W 4 O a 10 oww TyF J R9p SJ Z Q oN aK ex Ww r 7,p�FN3`SO 70" p�>wmo NFrFR 4 ioo o}v�ZUA LL Fo�FF/RD-0�4�0 �491 yoe V �FFC o^� g I z w� W Y 5 We'p°°p F LF �' 2 '- o O 6F O p '01 _w M> z Mw z U of � 7 8 A 1n Legend SUBJECT PROPERTY WITHIN 100' ac �a oQ m�=wa o0'~Oo o=1 2 a �U w �z �z mw Y 19 ow oW LL mWyWN 7 9-z 9 10 11 '.. hW ri N Q U (q�2y� ogR�44o_ y�Fh FtiorR Oao 6 �S2,3S�R� R 4 3 j 2 ° 1 7 ii C] 1 !1 .4 Nov 29 1.1 06:23p Okeechobee Church of God BG34671750 p.1 ADDITIONAL INFORMATION REQUIRED FOR A REZOjYING r__-- ning classification: RSF Requested zoning classification CLT - Light Commercial e desired permitteduse and intended nature of activities and development of the property? rch desires to operate a not for profit cafe, where current and potential members would have a place, to congregate and enio I�tetLowship. Is a Special Exception necessary for your intended use? (_ J No (X ) Yes If yes, briefly describe. C The Cafe is allowed under this zoning with a Special Exception. Is a Variance necessary for your intended use? 6___j No (__)Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use -will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the pr9ject. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page C1370:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. No, in fact the overlaying future land use is commercial and this request will bring the Future Land Use and Zoning into agreement 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the Church is basically requesting a coffee shop. 3. The proposedusewill not have an adverse effect on the public interest. No, the Church has more than sufficient parking for the use since the use of the cafe and the use of the Church are not simultaneous events. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes, there is heavy commercial zoning to the south of the Church where people will be entering and leaving the facility for this use. 5. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Same as 4. (Rev. 04111) Page 6 of 1 I F ink :?t q,--: vrzi aired f0l" rezorling, or Change in 1andt de'a'elopf—`ient regulafionrs (c-ont.) 6. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Same as 4. 7. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the existing use is a Church with different functions at various hours and this will not be adverse to the adjacent property. 4. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use will be of no more impact that the existing use, so no nuisance or hazards are anticipated. 9. The proposed use will not create a density pattern that would overburden public facilities such as schools; streets, and utility services The proposed use will be of no more impact that the existing use, so overburden of existing public facilities is anticipated. 10. The proposed use wil l not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will pose no more traffic impact than the existing use. There are no change to the drainage pattern so no flooding or drainage problems are anticipated. 11. The proposed use has not been inordinately burdened by unnecessary restrictions. No The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev. 04l1 ]) Page 7 of 11 I Illlil 811E ilf if lilll Iflll 1!f 11 lilli l!!II IIIII ll�l III IIII FILE NUN 2005; iJ78 34 OR BK 1310573 PG 13676 SHARON ROBERTSONP CLERK OF CIRCUIT COURT Prepared by and return to: OKEECHOBEE COUNTY? FL E. T. Hunter RECORDED 08/16/2005 03:22:12 PM Attorney at Law RECORDING FEES 1 °.50 H TER & HUNTER, P.A. DEED DOC 0.71) %leer: Street RECORDED BY N Arnold , Fl-, 33020 o.: 0 Quit im Deed �• 50 c7�o S r e This Qui aim Deed made this _/� Ada Sep -@o _ Culbreth, J . o-Trustee, and David 0. Hamrick, Co-Trustee,asTrustees nof the Richard E;llis� Hamrick a/k/a R. E. Hamrick Trust U/W whose post office address is P.O. Addre�s P.O. Box 848, Okeechobee, Florida 34973, grantor, and the Church of God, hose office ddress is 301 NE 4"' Avenue, Okeechobee, Florida 34972, grantee 0 Kw.Mob�� (whenever used herein is rms "grantor" and "grantee" include all the parties to this instrument and the heirs, 1 a epresentatives, and assigns of individuals, and the assigns of corpora40 trusts and trustees) successors and Witnesseth, that sad ntor, for and in consideration of the sum TEN AND N01100 DOLLARS ($10.00) other good and valuable consideration to said grantor in hand paid by said gra the receipt whereof is hereby acknowledged, does hereby remise, release, a 1, tclaiin to the said grantee, and grantee's heirs and assigns forever, all right, title, interest, claim and demand which grantor has in and to the fol ing described land, situate, lying and being in Okeechobee, County, Florida, -wit: A 15 foot wide alley in 111, CITY OF OKEECHOBEE, according to the Plat thereof, recor Plat Book 1, Page 10, Public Records of Okeechobee County, Flo i more particularly described as that alley running East to Wes It Lots 1 to 6 and 7 to 12 of said Block 111. and A 15 foot wide alley in Block 120, CITY OF OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots 1 to 6 and 7 to 12 of said Block 120 It is hereby understood and stipulated that whenever said land hereby conveyed is not used any more for church purposes by the Church of God, that said land shall revert to the Grantors herein or it's successors in title or its assigns. Pursuant to Florida Statute 689.18 (5) this reverter is for an unlimited duration and shall be perpetual. OR E%K C10573 F'G 0677 TO have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in iaKNor equity, for the use, benefit and profit of the said grantee forever. Si9ffl � A Witness WT-Ws-S Iss Whereof, grantors have hereunto set their hands and seal the day first above written. sealed and delivered in our presence: -o / m Witness Name: it-hess Name: H. G. Culbreth. Jr. Co -Trustee David O. Hamrick Co -Trustee (�-" O State of Florida County of Okeechobee The foregoing instrument w s nowledged before me this _/ day of &et� r, 2002, by H. G. Culbreth, Jr. Co -Trustee, who is personally know or has produced a driver's license as identition. VA ", 3udhh M. Mobley Notary S .ram. „= MY COMMISSION # CC896>�(i N a r y P ub t i c _t., = Mays, 2003 Printed Name:Al. 2 �� 1t` BONDEDTKUTROYEAMINSURAN, I y Commission Expires: S S State of Florida County of 04ie ±. A e►'jor-"'r tD The foregoing instrument was acknowledg before me this day of 2002, by David O. Hamrick, Co -Trustee, honis personally known or has produced a driver's license as identification. �� �-r ,f1 Notary Seal a46 °4"N GLORIA HENRIQUES *- MY COMMISSIONIF DD lomm EXPIRES: April 13, 2006 8e11dedThruNda ry Public Underwriters otary Public rinted Name: y Commission Expires: Quit Claim Deed - Page 2 DoubleTime® Property Owner Name(s) Parcel Identification Number Contact Person Name Contact Person Phone Number Requested Items Needed By Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee Church of God 3-15- 37-35-0010-01200-0010 Reverend K Mark Smith 941-526-5132 11-02-2011 Rezoning ❑ I Special Exception ❑� Items Needed: Items Needed: Location map 100' surrounding property from the Location map 100' surrounding property from the outermost outermost portion of subject property. portion of subject property. Surrounding property owners mailing addresses 300' Surrounding property owners mailing address 300' from the from the outermost portion of subject property. outermost portion of sub iect property. Variance 11 Future Land Use Map Amendment Items Needed: Items Needed: Location map 100' surrounding property from the Location map 100' surrounding property from the outermost outmost portion of subject property. portion of subject property Surrounding property owners mailing address 300' from the outermost portion of sub iect property. Information is provided by the Okeechobee County Property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Angela Jones- Fowler Okeechobee County Property Appraisers Office 307 N.W. 5'" Avenue, Suite A Okeechobee, Florida 34972 Phone: (863) 763-4422 Fax: (863) 763-4745 k c.'ise I I I, I I F, Y of 1(i To: Bill Brisson From: Steven L. Dobbs Date: November 29, 2011 Subject: Additional information needed for Church of God application 11-003-SE EM Please find my responses to your questions in italics along with the attached exhibit. These should answer your questions. Describe the location where the Cafe will operate; nothing in the application tells me this. The Cafe will be in the northwest end ofthe building in some remodeled classrooms as shown on the attached exhibit. 2. How many seats are proposed? zpproximately 15 seats tare proposed for the Cafe. What is the square footage of the cafe? We need this to determine what parking is required under the code for the cafe. Approximately 320 sf is set aside for the Cafe with 175 sf for seats and 145 sf as a working area 4. What is the seating capacity of the existing church upon which its parking requirements are based? The church currently has approximately 40 paved parking spaces and approximately 5 acres available for unpaved parkingfor the approximately 300 available seats in the sanctuary. Since there are no concurrent meeting in the sanctuary and the classrooms the sanctuary parking requirement is the ultimate requirement. How many parking spaces are now provided on site, particularly how many are striped in the concrete parking lot and the asphalt area to the north? There are approximately 40 paved parking spaces available. 6. Assuming the Church wishes to use the provision in Sec. 90-482(6) to allow the cafe to count the church parking to meet the parking requirement for the cafe, please give the specific days and hours the cafe will be open and the specific clays and hours the church operations would be using the parking areas. This information will provide the basis for a stipulation allowing the Church parking to be counted towards the cafe parking requirement. The information provided on page 8 of the Special Exception application is a tittle too sketchy to allow us to make such a determination. The chinch has worship services on Wednesday at is 00 pm and Sunday at .10: 00 aan and ().'00 pm. The Cafe tinili be used 5: 00 aaa until 7: 00 par, Monday thru Saturday, e.vice�t Wednesday the Cafe will (ral), be open until S: 00 pm to riot conflict with the Wednesday night service. Please do not hesitate to call 863-824-7644 with any additional questions. Steven L. Dobbs Okeechobee Church of God City of Okeechobee Rezoning and Special Exception Exhibit Proposed Cafe Location -4, - F , Al tr t.. .. V'37 PvE443 PRINTED BY LAWYERS' TITLE GUARANTY FUND. ORLANDO, FLORIDA WILLIAM L. HENDRY aWrrady Deed Attorney as Low OKEECHOBEE, FLORIDA STATUTORY C114i4 30pniurp, Made this �day of /ECEsvIdER A. D. 19 59 , ispluirrit Anthony iiuzzo and .,race his v,71e of the county of iJew riaven State of Connecticut part ies of the first part, and Chester Underhill, Pd&t!:an ieI riaze1.lief, l,. E. Hood, Jacksor, c)avis any: hcbert Joiner, as Tr_istees cfthe I_rczerty of the Churcn of God whose post office address is Okeechc,bee, 1' for i zia of the County of Okeecnobee , in the State of - I or I da part y of the second,part MWO1104, That the said part!,'. s of the first part, for and in consideration of the sum of Seven i'i;ou:;and Five burl :rec; (,-'i,50o.00i Dollars, and other good and valuable considerations to them in hand paid by said part y of the second part, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said part y of the second part, heirs and assigns forever, the following described land, situate, lying and being in the County of Okeechobee in the State of Florida, to -wit: LI is 1 to 12 ir,clu _ve o1 31ac1 120, C:f accorsi r. to tine Flat a, g�_ tllere of r,ccr ed i flat liock 2, f; r� I'i p;:bl c reC.oras of St. L-A.cie ©� Cc,_r,t5, lorlua. q owe i` ; deed is giver, - ,o ;ect to ore reservat 'or,s ? of the Stz:te of i lorica as see _ortc- in that certain ueed from ti-e 'i'rustees of t:ne Internal I;nl;rovernent --una of tip tate of i,loriaa, datea one 5, 1946 and recoraed in _)eed nook 45, paoe 21, I;ublic records of Okeechobee County, 2''loriva. and the said part ;. e s of the first parr ao hereby fully warrant the rare Co Sara land, and will defend the same against the lawful claims of all persons whomsoever. ail WitnPBS NlhPrwf, The said part i,- s of the first partha ve hereunto set the i rhand s and seal s the day and year first above written. Sign s r led and elivered in our presence: c' —(Seal)(Seal) -- - -- ------ - -- - --------- —(Seal) STATE OF C O ii+Ei;' ' IC `"T COUNTY OF v `:iiVE ,, I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared tir.thor.y Nuzzo r_a Gracelnrzzo, his rife to m�:kndw 'to be the person s described in and who executed the foregoing instrument and they acknowled fc d.hefore me that t he y executed the same. V�Vjwl NESS my hand and official .seal in the County and State last aforesaid this day of 909 11y commission expires: ( _ a Notary Public i Vifed this day of A. D. 19 at o'clock M., and Recorded in Deed Book at Page . RECORD VERIFIED Clerk Circuit Court; County, By: Deputy Clerk_ 4 FILED FOR RECORD 01KEECHORFF COUNTY, FLA. 1959 M7' HAYIHEQ E. WILLIAN11"", C,- E �. h c F CIRCUIT COIJ�,' BOOK j ' 7 STATE OF ID 0KEECmC4WF (.0UNT) T4!S k5 TO CEAT; WY T4,AT THIS IS A IRM. AND Of THE RECORDS OAM�l- '�7 9 S p 2 a 3 90 1' 21• 21' �1' 21.A0 1 —Z$. 16•�26'8, NE FOURTH ST. CENTERLINE r ED'6E OF�i3YEMFAi� I O 60 Lo DITCH LINE 266 Zy6 C) ee0 p Ln Z—U. Q9 x> U_ — 1' a J V1 0. k1 6 35 CHURCH OF GOD :HEn I SCALE 1' =50' OSEEMBEE, FLORIDA 1 1 A { frj W 62 Fe 9 21 8� mZ O 26• U WO A 3 66 �� ,"Lu Q �� TOTAL AREA = 94, 595. 44 SQUARE FEET P P 6 to,"COMM Da„ I MPER. AREA = 43, 710. 67 SQUARE FEET STREET ADDRESS: 9 1 2 CHAIN LINK FENCE 1 3 6 301 NE 41 T H AVENUE x —x —x —x —x Z—x —x —x —x —x —x —x —x —x —x —x ---- —x —x — CERTIFIED TO: 1 66 1.92 6p CHURCH OF GOD 0 06 1 1 p 03 y6 1 66 21 21. pP�P Z ASPHALT DRIVE SURVEY OF: Lu e• SPECIAL PURPOSE SURVEY OF BLOCK 120, CITY OF OKEECHOBEE, ACCORDING L<I ee ee QPQ� pa GRASS ' TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, O 9. Q PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. fh Gi N z y O W7-2102 6.3 �' � = w z1 1 STY CBS BLDG W O (CHAPEL 1 c� LL W U zs 6 to. Lu Ct Z I� GRASS GRASS 26 SYS FC 29.0 y �$ 1 Cr 2 (b CERTIFICATE OF SURVEY CONCRETE PARKING LOT 2 STY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED I C.B.S. BLDG j UNDER MY DIRECTION AND SUPERVISION. 35 Z.o,,, 35 — c1 — ------ 299. 2'2------------------ 9 LELAND DYALS, RLS 2084,�7 (1) CENTERLINE _ cr) BM SPIKE IN STREET INTERSECTION NE THIRD STNOTE ELEVATIONS BASED MSL DATUM 1929 ELEVATION = 28. 64 FT. MSL T. SCAW. i' - 50' LOCATIM BLK 120, CITY OF OKEE. SE-TP-R6 LEL A ND D YA L S B ►7w SPECIAL PURMSE SURVEY FOR ATE: H/U/Oi R . I . � . � 08 � D � �+� � CHURCH OF �oB Na : 5646 L O �; JN5646A GOD W . L16WARY 304 S. N. 3rd Ave., Okeechobee, Fla. ADDED ELEVATIONS 4106104 LD PHONE ....763-4909 FAX..... 763-2500 N0. REVISIONS DATE I BY l SEAL F. 8. /Pp.: CO, i9/07 OF Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Church of God Petition No.: 11-002-R �� :1I:xns��>en�c�tll Ser��ii.�t'ti, Inca. 1 i', 1.. r, 1--, S11,'PI., S, lk, 206 tic�n in FIO id: i.c,c ul t �cit erun,e.�nk� Sind I �7 i Staff Report Rezoning Request Owner/ Applicant: Applicant Address Site Address: Contact Person: Applicant/Contact Phone Number: E-mail Address Applicant's Name: Okeechobee Church of God Petition No. 11-002-R Okeechobee Church of God 301 NE 4th Avenue Okeechobee, FI34972 301 NE 4th Avenue Steven L. Dobbs, Representative 863-824-7644 sdobbs@stevedobbsengineering.com Existing Future Land Use Map Classification Commercial Zoning District RSF-1 Use of Property Church Acreage 1.033 acres Proposed Commercial CLT Church 1.033 acres Location: 301 NE 4th Avenue, Okeechobee, FL 34972 Parcel Identification Number: 3-15-37-35-0010-01200-0010 02 CITY OF OKEECHOBEE LOTS 7 TO 12 INCLUSIVE, BLOCK 120 AND SOUTH ONE-HALF 15 FOOT ALLEY IN BLOCK 120 AS VACATED IN OR BOOK 484 PG 523 -• - The Applicant is requesting to rezone the property from RSF 1 to CLT. This request is being filed simultaneously with the property owner's request for a Special Exception to operate a cafe. According to supplemental materials submitted on 11-29-2011, the cafe will have about 15 seats and will be located in about 640 square feet in the northwest end of the building in some remodeled classrooms. 1 tier. f�r� f�4uii.l:r L, .i1 �„n vrn w, III, N , Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 11-002-R Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Single -Family Zoning District: RSF 1 Parsonage for the Existing Land Use: Church of God East: Future Land Use Map Classification: Single -Family Zoning District: RSF 1 Existing Land Use: Single-family homes South: Future Land Use Map Classification: Commercial and Multi -Family Zoning District: CHV and RSF 1 Offices and Existing Land Use: Single-family home West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has included, along with the application, a series of brief statements addressing these criteria. These statements are provided in Times Roman typeface and are followed by the Staff Comments. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "No, in fact the overlaying future land use is commercial and this request will bring the Future Land Use and Zoning into agreement." We agree that the requested CLT zoning is consistent with the current Commercial designation on the Future Land Use Map. However, the current location is just outside of the Commercial Corridor boundaries indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the outer (second) blocks of the "Commercial Corridor" to be developed with light types of commercial use or in multi -family use. This would indicate that the property should be given the least intensive commercial zoning. 2 Staff Report Rezoning Request Applicant's Name: Okeechobee Church of God Petition No. 11-002-R This would be the CPO District. The CLT District allows both a conventional restaurant and a cafe as a special exception, whereas the CPO district allows only a cafe. The difference between the two is that a cafe is limited to no more than 20 seats whereas there is no such limitation on a conventional restaurant. Applicant's stated intent is to operate a cafe. Therefore, CPO is the least intensive zoning that will allow the desired use and have the least potential impact upon surrounding properties and be the most consistent with the Comprehensive Plan and its evolving development policy regarding commercial uses. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "Yes, the Church is basically requesting a coffee shop." We agree. The Applicant's stated intent is to operate a "cafe" open to the general public and located within the church facility. A cafe is a special exception use in both the CPO and CLT districts. 3. The proposed use will not have an adverse effect on the public interest. "No, the Church has more than sufficient parking for the use since the use of the cafe and the use of the Church are not simultaneous events." We agree the use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "Yes, there is heavy commercial zoning to the south of the Church where people will be entering and leaving the facility for this use." We agree that the proposed use is reasonably compatible with the adjacent land uses. While the lands to west are vacant, and zoned for single-family residential use, they are located within the Commercial Corridor and are proposed to be designated Transitional Commercial Overlay which will provide for either CLT, CPO or RMF zoning, all of which are compatible with a similar zoning on the subject property. The property to the immediate north is zoned RSF 1, is owned by the Church, and is used for a parsonage. This is the property that would be most affected by operation of the cafe because one would expect cafe patrons to enter via the driveway on the north side of the Church and use the parking in this area. Properties to the east are single-family uses and to the south are offices and a single-family home. There should be no effect on these properties because they are separated from the proposed cafe by the intervening church buildings. Finally, rezoning to CPO rather than the requested CLT will foster consistency with the evolving Comprehensive Planning policies towards commercial uses, particularly as evidenced in the recently adopted Evaluation and Appraisal Report (EAR). 3 Staff Report Rezoning Request Applicant's Name: Okeechobee Church of God Petition No. 11-002-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "No, the existing use is a Church with different functions at various hours and this will not be adverse to the adjacent property." No, there should be no such adverse effects because the use will not increase traffic or parking during the hours the church is operating. A caf6 is, by definition, limited to 15 seats and therefore would not be expected to generate a significant volume of traffic during the normal weekday peak periods. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The proposed use will be of no more impact that the existing use, so no nuisance or hazards are anticipated." Since the use is being located in about 640 square feet of former classroom space within the existing building, the existing spatial separation from surrounding uses should provide an adequate buffer. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services "The proposed use will be of no more impact that the existing use, so overburden of existing public facilities is [not] anticipated." The commercial operation of a small cafe will have no impact upon density or schools, minimal impact upon water and sewer services, and little impact on the City street system. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will pose no more traffic impact than the existing use. There are no change[s] to the drainage pattern so no flooding or drainage problems are anticipated." A cafe of approximately 640 square feet could generate about seven (7) trips per hour during the weekday peak period. This is a very small traffic impact and should have no appreciable effect upon streets in the immediate vicinity. The caf6 will not be operating while the sanctuary and classrooms are in use, no additional traffic will be generated during these times. In addition there will be no changes in impervious surface coverage and therefore no impact on the existing drainage systems. 4 Staff Report Rezoning Request Applicant's Name: Okeechobee Church of God Petition No. 11-002-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "No" Neither the existing use nor any other allowable uses on the property are burdened by any unnecessary restrictions. Recornmendation Based on the foregoing analysis, Staff recommends denial of the request to rezone the property RSF 1 to CLT. Rather, based on our comments to criteria numbers 1 and 4 on pages 2 and 3, respectively, we recommend approval of a rezoning to CPO. Submitted by. - Wm. F. Brisson, AICP December 7, 2011 Planning Board Hearing: December 15, 2011 Council Hearing: January 3, 2011 Attachments: Future Land Use Map Zoning Map Aerial photograph Parking Exhibit Memo from Steve Dobbs to Bill Brisson, 11/29/2011 5 Staff Report Rezoning Request Applicant's Name: Okeechobee Church of God Petition No. 11-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS N E. 5 TH STREET =I N.E.. 4TH STREET AN' VIOL, ti -7 7-17 -4 -1,770 Li F 71 I NE. -; R.D STREET LZ LLJ N, E, 2 ND STREET COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE LJ LLI 140 6 Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 11-002-R IZONING M44COR"ORATED ME- MAM SU$1NES3 DISTRICT �,LIV HEAVY COMMRCIAL 17. LIGHT CONVAERCIAL PC • C0144 FROFES910NAL OFFICE PI - HOLDRIci ND INDUSTRIAL RIF PUBLIC FoK111M, F"WAIXIEr. I".1111P '!.iF RENDENTIAL "Um F;"Lv Wv. P.Ee(CFNTtAL WOFILE W.11,1E RFF1 RMDEHIA FIW,+LE FMAVY Lj Z 7 1 EXISTING ZONING SUBJECT SITE AND ENVIRONS N.E. 51TH STREET -H STREET 121 �,LE. 3 RD STREET LU 2 Z qq ? 8 Uj F "S"t vI I Ig I'lol Ida 1.1 cj 1 4 ;1 jtj,u+, ill - 120 ESUBJECT PROJPrEERTY Z .7' 6 5 4 3 2 112 119 w Staff Report Rezoninq Request ld2 `•�62.`• �v: • :'•5,fftAiY1, �� mim Applicant's Name., Okeechobee Church of God Petition No. 11-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 'ii.•rvin!; 1'l,.ni�l:!�:L:�:al t;r,+�orr.u��;nts tii!9,.v 1'ls5` +,,fir y - ` + AAM -� . r sitt.• q NE �iH' Aff 0 R� Staff Report Applicant's Name., Okeechobee Church of God Rezoning Request Petition No. 11-002-R OKEECHOBEE CHURCH OF GOD PARKING EXHIBIT Nhii I.o.:a e:.,.- ri�uwntn Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 11-002-R To: Bill Brissori Fronl: Steven L. Dobbs Date: \ c>- ember 29. N i l Subject: Additional irrfornration needed for Clmrch of God avolicatioll 11-003-SE Bill. Please find my responses to your questions nl italics aloilu lvith the attached ezliibit. These should ansm-er vour gltestion. Describe the location where the Cafe will operate: nothing in the application tells me this. T1tc C afc� I rill be in Tile nortltu'est and of building in mule remodale(l (1s Sho ll cell tlle> att(1Clle�(1 e�rilibit. _. How inane° seats are proposed'' �ppr al�nttlTr. lr 1 ? seats the Cgfi�. 'Mint i; the square footage of the cafe" We need this to determine what parkin;, is required lender the cocle for the cafe. Appro.ximatBll' ?_ 0 S'f i.S sCf (157de' f!)7' tIW CnfQ 11 ith I o f fill• s'C'rliS 071d 145 slf as a 11V7.1'Ing area 4. NNInt is the seating* enpaciry of the etistni.T church upon lvllich its parkin, requirements are based'' T le chill'Ch CNrTenT11' has app7VXilllelW1V -i01)al'ed p(11.1,il1- Spaces emcl a)proximarell•? etcr ,.S available Ibl. rnlp(ne'(ipr;r7,rrh for the approximate iv '00 (11 ailable.Svots ill the> +rnlcnlan'. Since 0cl-C are ?to col?0WI ells mfvlhr g ill the s(mcmary cmd the Clas5I-o0711.5 7-Pe11ri1"P71WHI i.S Ille rthillIfIR' r'B,/llire'rlWW. How many parking spaces are now provided on site. particularlt ]row mangy are striped ill the concrete parkinIg lot and the asphalt area to the north? Tlmre are apprcz_Virr 0W1.1' 40 prna�rl parLiu,; space's rn•(tilablo. Ci. Assumin. the Church wishes to use the provision in Sec. 90-4S2('6) to allow the cafe to count the church parking to meet the parkins requirement for the cafe. please !give the specific days aril hours the cafe l� ill be open and the specific days and how-s the church operations would be usim;g the parking areas. This infonnratioll will provide the basis fora stip Antion allowiner the Church pairkin?, to be counted toll ards the cafe parking requirement. The information provided on lake S of the Special Exception application is a little toil sketchy To Aloft is to make such a detemmiation. The c hm-c h has worship .s'crvk,('N oat Tl edii(>s(lar at ': 00 plll allrl.Slarrinr (it )0: il0 (till hurl d: 00 plll. Thee Cqp, u i11 be lls'e(l i. 00 cull mrtil 7, r)ri pnl-llolld(!i• 1127 Satlnrlc. e>. In Ti chTt'sdna' thc� Ctrfa" will orllr bc' erpc'n mail 5 :00 prll 10 rant (011f ict frith the TT vd7lesY1r11 11igly se'r7'ic e. Please do not liv:,mnte to call ',-,(ri -2-1-I(?-1k1 with ally addillon8l glleatl0llti, SteV'en L_ Dobbs 10 'mDEPE DENT _ �NEWSPAPE$S OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J /_1q— /9 �Y_ C� STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a t L—L_ ' 4'-4 in the the matter of ___" 1.yi,� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of / 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement publication in the said newspaper. 1 om Sworn to and subscribed before me this _._.__day of 2tc �� __�C .�AD Notary Public, State of Florida at Large JT PUBLIC -STATE_ OF P ) Angie Bridges :Commission #DD7797I8 Expires: APR. 20, 2012 0MI)ED THRU ATLANT?C BONDING Co. iN(i. cz C- Ord I(Zu PUB= NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the atty Council of the City of Okeechobee, iorida will on Tuesday, January 17, 2012 at 6:00 p.m. or as soon thereafter tAe, at Cty Nall, 55 SE 3rd Ave., Okeechobee, FL oohduR a PLW FARING on and thereafter to consider final mdbV of the folowkV Ordi ce into law: Ord No. 1080: AN ORDINANCE OF THE CITY OF KE EE, FLORIDA,• AMENDING THE OFFian ZONING MAP 0 BEE BY REZOIIING A CERTAIN TRACT OF LAND " Y R° 1) ZDNs®NG"D� FCT TO Ij MIRCIAL PRo NALO!rAP ICPYO)PROV MIDO RQCG RIENCfS,No SET ERI D AN EFFECTIVE DATE. The Ordinance is reaardin9 Retuning PeOtlon No. Y1002 R suhmlGel nge theme zonk g district from RSM to CPO, for apP 1.00333acres, at 301 ME 0 Avenue. TAKE NOTICE AND BE ADVISED that no sMrngraphk record a reporter wR be made of the foregoing rotating. According , any per who may seek to appeal any decision involving the ma'. n will be responsiblefor maldn4 a verbatim record of the Many a at saki meeft uppoonn which any appeal is to be based. Please con Clty'AdMnisbatlonn 863-163-3372, or wrd>stte to obtain a of the agenda. In accordance wtth the Americans with bUrdes Act (ADA) of 1990 Per needkg spetlaI acoonrmodath to parbdoate M this Proceeding shouid ontact the CxY Clern Office at 863-763-3372 for assistance. . James E. Kkic, Mayor Lane Gamiotea CMC, city Qerk 7095 ON b12 LXriIBIT 3 JAN 17, 2012 ORDINANCE NO. 1081 AN ORDINANCE GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF 30 YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF OKEECHOBEE, FLORIDA, WORKS FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, AND SALE OF GAS, INCLUDING NATURAL, MANUFACTURED OR MIXED GAS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE UPON FINAL PASSAGE. WHEREAS, the City of Okeechobee (hereinafter referred to as the "City") exercises control over all publicly dedicated rights -of -way, streets, alleys, bridges, easements and other public places located within the limits of the City; and WHEREAS, Florida Public Utilities Company, (hereinafter referred to as the "Company") has requested permission from the City to erect, construct, operate and maintain a gas system; to import, transport, sell and distribute gas, whether natural, manufactured or mixed within the City; and for these purposes to establish the necessary facilities and equipment and to lay and maintain gas mains, service pipes and any other appurtenances necessary to the sale, transportation and distribution of gas in and along the streets, alleys and other public ways of the City; and WHEREAS, the aforesaid rights -of -way to be used by the Company are valuable public properties acquired and maintained by the City at great expense to the City's taxpayers, and the right to use said rights -of -way is a valuable property right without which the Company would be required to invest substantial capital and property acquisition costs; and WHEREAS, the City desires to insure that the aforesaid rights -of -way used by the Company are promptly restored to a safe and secure condition to protect the health, safety and welfare of the citizens and residents of the City; and WHEREAS, state statutes and City ordinances authorize the City to grant nonexclusive Franchises for the purposes set forth herein; NOW, THEREFORE, BE IT ENACTED BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Grant of Authority. There is hereby granted by the City to the Company the non- exclusive right, privilege, franchise to erect, construct, operate and maintain a gas system and to import, transport, sell and distribute gas, whether natural, manufacture or mixed, within the City, and for these purposes to establish the necessary facilities and equipment and to lay and maintain gas mains, service pipes and any other appurtenances necessary to the sale, transportation and distribution of gas in and along the rights of ways, streets, alleys, bridges, easements and other public way of the City. 2. Non-exclusive Grant. The right to use and occupy said rights of ways, streets, alleys, bridges, easements, and public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said rights of ways, streets, alleys, bridges, easements, or other public places and ways, to any person and/or entity at any time during the period of this franchise. This franchise shall grant the privilege of carrying on the business in all of the City or in part of the City, with no promise that there will be no competition. In the event the City grants a franchise to the competitor of Company, the grant shall not interfere with Company's rights granted hereunder, including physical location of improvements, except as to matters that occur as a result of competition. The City does hereby agree that during the term of this franchise it shall not compete Ordinance No. 1081 Page 1 of 6 with Company unless it becomes necessary to do so in emergency circumstances. The City shall tender proof of said emergency to the Company upon request. 3. Compliance with Applicable Laws and Ordinances. The Company shall, at all times, during the life of this franchise, be subject to all lawful exercises of police power by the City, and to such reasonable laws, rules and regulations as the City shall hereafter, by resolution or ordinance provide, including, but not limited to, any ordinances pertaining to excavation, reconstruction and development requirements and standards all of which shall not be in conflict or inconsistent with Promulgated Safety Rules and Regulations of the Florida Public Service Commission and Federal and/or Florida Departments of Transportation. 4. Company Liability - Indemnification. It is expressly understood and agreed by and between the Company and the City that as additional consideration for the grant of this non-exclusive franchise the Company shall fully indemnify and hold harmless the City its officers, agents and employee from all claims, debts, liabilities, demands, interests, court costs, attorney's fees (including bankruptcy and appellate attorney' fees) to itself or any third person, taxes (including but not limited to any real, personal and sales taxes attempted to be assessed and/or assessed as a result of this Franchise Agreement), whetherfor bodily injury, death, property damage orotherwise, in anyway arising out of the operations of Company or of its gas system in the City contemplated by this Agreement and/or related work upon Company's gas system whether directly authorized by this Agreement or not. The City shall notify the Company's representative in the City within thirty (30) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any neglect, default or misconduct, as_ aforesaid on the part of the Company. Provided further, nothing herein is intended to act as a waiver of the City's rights, privileges, and immunities under the doctrine of "sovereign immunity" and/or limits of liability set forth in section 768.28 of the Florida Statutes regardless of whether any such obligations are based in tort, contract, statute, strict liability, and negligence, product liability or otherwise. The provisions of this section shall survivethis Agreement. 5. Service Standards. The Company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are, or may be, set forth by the Florida Public Service Commission and/or other agency and/or entity with jurisdiction to regulate and/or promulgate rules regarding Company's operations. In the event Company or any aspect of the natural gas trade, as contemplated hereunder, is deregulated, the Company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are, or may be, promulgated by the City. In the event the City has not promulgated rules and regulations, at the time of deregulation, then, the Company agrees to maintain and operate its system in compliance with the rules and regulations by which they are governed prior to deregulation until such time as the City has had an opportunity to promulgate rules and regulations or pass an ordinance governing those items regulated by the Florida Public Service Commission, governing service standards, safety standards and quality controls. In the event of deregulation, the City does hereby agree, it will not regulate rates. 6. Conditions on Construction Location Restoration and Relocation. All pipes, mains, conductors an other appurtenances, including connection with service pipes, hereafter laid in streets, alleys, avenues, or other public places, shall be laid under the supervision of the City Administrator or his designee. Company shall provide reasonable egress from and ingress to abutting property. Notification of said construction, location, restoration or relocation of Company facilities shall be furnished to the City Engineer or his designee by delivery of a letter accompanied by plan drawings showing the proposed work. Said notification shall be submitted no less than three (3) working days prior to commencement of work, with no other application, permit, plan review fees, inspection fees or approval being necessary and at no cost to Company. As soon as practical, but no more than 15 working days after completion of the work, the Company shall submit as -built drawings to the City Engineer or his designee, completing the notification/approval process for said work. Ordinance No. 1081 Page 2 of 6 All pipes, mains, conductors and other natural, artificial or mixed gas equipment and apparatus, including connections with service pipes, laid or placed by the Company shall be so located in rights -of -way, streets, alleys, avenues, bridges, easements or other public places in the City so as not to obstruct, disturb or interfere with any traffic, water flow, water pipes, sewers, drains, catch basins, pavement, sidewalk, driveways, or any other structures installed or any other function of said structures of the delivery of municipal services by the City. The Company shall, when practicable, avoid interfe with the use of any right of way, street, alley, bridge or other highway where the pavement or surface of the streets would be disturbed. In the event drain, sewer, catch basins, water pipes, pavements or other like improvements or the function of said improvements are impaired or injured by such construction, location, restoration or relocation, the Company shall forthwith repair the damage or dysfunction at its sole cost and expense, to the condition prior to said damage or dysfunction. In this regard, the City shall give written notice to Company pursuant to paragraph 19 hereof, of deficiencies that need to be cured by Company. Said notice shall set forth a reasonable period of time, under the circumstances, in which the Company shall cure said deficiency. In default thereof, the City may repair such damage or dysfunction and charge the cost thereof to the Company and collect the same from the Company. In the event at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade of any street, alley or other public way, the Company, upon reasonable notice by the City, shall remove, relay and relocate its mains or service pipes, manholes and other gas fixtures at its own cost and expense. Company agrees to comply with all validly enacted policies, resolutions and ordinances relating to City landscape buffering and other such design and development standards. That for and during the period of this franchise, the City, through its designated agent, shall at all reasonable times, and at the expense of the City, have the right to inspect any and all gas lines belonging to and operated by the Company. 7. Right of Way Not Warranted. The City does not warrant any right, title or interest of any street, alley, or other public way in existence, or hereafter acquired, used by the Company or as may be used by the Company in the future. In the event that the City closes, vacates or otherwise abandons any street, alley or other public way, City shall provide to Company an acceptable easement for Company -owned facilities installed within said street, alley or other public way. 8. Annexation or Contraction. Company agrees that the geographical limits of the franchise area are subject to expansion or reduction by annexation and contraction and that Company may or may not have vested rights in annexed or contracted areas, as may be governed by applicable law. Upon the annexation of any territory by the City, the right, privilege and permit hereby granted shall extend to the territory so annexed, when permitted by law, and all facilities owned, maintained or operated by said Company, located within the territory so annexed upon any of the streets, alleys, or public ways situated in such annexed territory, shall thereafter be subject to all of the terms herein as permitted by law. 9. Approval of Transfer. The Company shall not sell or transfer its system (that portion which is subject to this ordinance) to another person and/or entity, nor transfer any rights under this franchise to another person and/or entity without approval by the City Administrator and said approval will not be unreasonably withheld. In the event the City Administrator does not act upon the issue of approval within forty-five (45) days from presentation, then approval shall be deemed to have been granted. Provided, that no sale or transfer shall be effective until the vendee, assignee, or lessee has filed in the office of the City Clerk an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof. 10. City Rights and Franchise. The right is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing applicable ordinances, such Ordinance No. 1081 Page 3 of 6 additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and not conflict with the rights herein granted, and shall not conflict with the laws of the State of Florida. The City shall have the right to supervise all construction, location, restoration, relocation and installation work performed subject to the provisions of this ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances and Florida Public Service Commission regulations. The failure on the part of Company to comply in any substantial respect with any of the provisions of this ordinance and franchise agreement granted hereunder shall be grounds for revocation of this franchise by the City Commission. Prior to revocation, City shall deliver a written notice, to Company, pursuant to Paragraph 19 hereof, specifying the non-compliance, including a notice that, if the non-compliance is not corrected within a stated number of days, which shall be reasonable under the circumstances, the City shall be permitted to revoke this franchise by reason thereof. Upon the revocation of this franchise by the City Commission, or at the end of the term of this franchise, the City shall have the right to determine whether the Company shall continue to operate and maintain its system pending the decision of the City as to the future maintenance and operation of the system. Nothing in this Franchise shall be construed to prevent the City from acquiring company occupied and/or owned real estate through the exercise of its powers and rights under eminent domain and/or through condemnation proceedings. However, nothing in this Franchise shall be construed as the Company's agreement or acquiescence in any such attempted condemnation by the City. 11. Payment to the City. In consideration for the granting of this Franchise, the Company, its successors and assigns, shall pay to the City, and its successors, an annual amount which will equal 6 percent (6%) of Company's annual gross operating revenue taken in and received by it for providing all aspects of natural gas service to its customers within the corporate limits of the City, as now or hereafter constituted. The Company shall pay the franchise fee provided by this section quarterly on January 1, April 1, July 1 and October 1 of each year during the term of this franchise. Any payments not made by the Company within 20 days after the date said payment is due, shall thereafter be payable with interest at the highest rate allowable by law. It is specifically agreed that the aforementioned revenue shall include only the revenue from "residential" and "commercial" customers' and shall exclude revenues from "interruptible," "industrial" and "other" customers, until and unless a franchise or utility tax is imposed on such interruptible, industrial orother customers, either independently or collectively, of all other competing utility services in the City's corporate limits, including, without limitation, the imposition of franchise or utility taxes on all grades of fuel oils or gases used for "interruptible" or "industrial" or "other" customers at a relatively equal basis on the total of franchise at 6 percent (6%) as contemplated hereunder plus utility taxes as levied on natural gas pursuant to statute and/or rule. Except as otherwise provided for within this Ordinance, the Company shall at all times continue to be subject to and shall pay to the City all legally authorized public service taxes, ad valorem taxes (intangible, personal, real), occupational taxes, and any and all other valid tax, levied or imposed by the City. Such charges and fees shall include but not be limited to licensing, permit fees, development review and inspection fees and all other such fees including fees, charges, taxes and/or assessments validly adopted and/or imposed during the term of this Franchise Agreement. 12. Records and Reports. The City shall have access, at all reasonable business hours, to all of the Company's plans, contracts, engineering, accounting, finance, statistical, customer and service records relating to performance under this ordinance. As well, the City shall have access to all records on file with the Florida Public Service Commission. The Company does hereby acknowledge they have a statutory right to maintain confidentiality with regard to certain items filed with the Florida Public Service Commission. The Company does hereby permit the disclosure to City of any and all records and reports filed with the Florida Public Service Commission, which may be Ordinance No. 1081 Page 4 of 6 relevant to this ordinance, as may be requested by the City. The City shall maintain confidentiality of said records and reports provided the City is legally permitted to do so. In accordance herewith, the Company does hereby authorize the Florida Public Service Commission to furnish full and complete records and reports to the City, as may, from time to time, be requested by the City. As well, Company shall provide directly to the City an annual summary report showing gross revenues received by the Company from its operations within the City during the preceding fiscal year and such other information as the City shall request with respect to properties, quality control, and expenses related to the Company's service within the City. 13. Effective Date and Term of Franchise. The franchise and rights herein granted shall take effect and be in force from and after the first day of the month following the final passage hereof, as required by law, and upon filing of the acceptance by the Company with the City Clerk and shall continue in force and effect for a term of thirty (30) years after the effective date of this franchise. This ordinance shall take effect upon passage, provided that within twenty (20) days of said date, the Company shall signify its unqualified acceptance of this franchise, in writing. Provided, that if the acceptance is not filed within twenty (20) days, the provisions of this franchise shall be null and void. 14. Publication Clause. The Company shall assume the cost of publication of this Franchise as such publication is required by law. A bill for publication cost shall be presented to the Company by the City Administrator upon the Company's filing of acceptance and shall be paid at that time. 15. Penalties. Provided, that any violation by the Company, its vendee, lessee or successor of the provisions of this franchise or any material portions thereof, or the failure to promptly perform any of the provisions thereof, shall be cause for the forfeiture or revocation of this franchise and all rights hereunder by the City after written notice to the Company, Company's failure to cure and continuation of such violation or failure. 16. Law Governing and Venue. This ordinance and the Franchise Agreement granted hereunder shall be interpreted under and governed by Florida law. Venue for any actions arising out of this Franchise Agreement shall be in the State Courts in and for Polk County, Florida. 17. Entire Agreement. This Franchise Agreement and any additional or supplementary exhibits or schedules incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties thereto. 18. Attorney's Fees and Expenses. Except as otherwise provided for herein, the City and the Company hereto agree that if litigation becomes necessary to enforce any of the obligations, terms and conditions of this franchise, the prevailing party shall be entitled to recover a reasonable amount of attorney's fees and court costs, including fees and costs on appeal, from the non— prevailing party. 19. Notices. All notices by either the City or the Company to the other shall be made by depositing such notice in the certified mail of the United States of America, return receipt requested, and such notice shall be deemed to have been served on the date of such depositing in the certified mail unless otherwise provided except in exigent circumstances in which case hand delivery will be acceptable. All notices shall be addressed as follows: to Company: Florida Public Utilities Company 401 South Dixie Highway West Palm Beach, Florida 33401 Attention: Vice President- Regulatory as to City: City of Okeechobee Office of the City Administrator 55 SE 3rd Avenue Ordinance No. 1081 Page 5 of 6 Okeechobee, Florida 34974 Notice shall be provided to the above -named addressees unless directed otherwise in writing by the City or the Company. 20. Non -waiver Provision. The failure of any party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this ordinance shall not be construed as a waiver or relinquishment for future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. 21. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of a competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof. 22. Scrivener's Errors. Sections of this Ordinance may be renumbered or relettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Administrator or his designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 23. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed INTRODUCED for first reading and set for final public hearing on this 3rd of January, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 171h day of January, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1081 Page 6 of 6 NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE MT_ 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a.__4- 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 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisemenj.ferirpublication in the said newspaper. vm Byrd Sworn to and subscribed before me this -� r dy "ei. /-' - AD a of- L• - c...... - — �ll Notary Public, State of Florida at Large 4 � t ,� j fARY PIIBLIGSTATE OI ;D LO u i, Angie Bridges Co"Imission #DD779718 Expires: APR, 20, 2012 ',ONDU THRi7 ATLANTIC BONDING CG., INC. (863) 763-3134 43 TAKE NOTICE that the City Council of the City -of D on Tuesday, January 17, 2012 at 6:00 p.m. or as soon City Hall, 55 SE 3rd Ave., Okeechobee, R conduct n and thereafter to consider final reading of the folio, law: Ord No. 1081: AN ORDINANCE GRAIMNG 11 lima 5EVERABILITY AND AN EFFECTIVE DATE UPON FINAL I ;E. WE NOTICE AND BE ADVISED that no stenographic record byy a cer t reporter will be made of the foregoing meeting. Accordinghj, any who may seek to appeal any decision involving the matters noticed I I'll be responsible for making a verbatim record of the testimony ence at said meeting upon which any appeal is to be based. Please City 'Adm.at 863-763-3372, or website to obtain a copy of the agenda. i accordance with the Americans with Disabilities Act (ADA)'of 1990 Mayor CMC, City Clerk Lane From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Tuesday, January 17, 2012 2:49 PM To: Mayor James Kirk; 'Dowling Watford'; 'Devin Maxwell'; 'Clayton Williams' Cc: 'Robin Brock'; johncook@cityofokeechobee.com; 'Lane' Subject: FL Public Gas and Carter Pritchett Advertising, et al. v. City of Okeechobee Attachments: Ltr Whitehall re executive session 1.16.12.pdf Gentlemen - RE: Carter Pritchett Please read the attached letter from our atty as it relates to the agenda item involving discussion of the mediation agreement w/ re Carter Pritchett litigation. !, therefore, do not anticipate additional discussion about the matter at tonight's meeting. As far as I am concerned the matter can be dispatched when asked for withdrawals to the agenda. Atty Bob Shearman will not be present at tonight's Council Meeting. Furthermore Atty Cook has advised that he may be arriving late to the meeting due to case load at the Courthouse. RE: FL Public Gas Further, I have spoken to most of you about the need for additional time to discuss the franchise for the natural gas service proposed by FL Public Gas. Because the City advertised the second reading and made mention at the last meeting of the proposed action, I would anticipate that at the appropriate time on the agenda it may be cleaner to simply deny the Ordinance and start over w/ a 1" reading at a later date. Of course, the Council has the option of also simply removing it from the agenda for this meeting. Thanks Admin Whitehall From: Courtney Ward(mailto:Courtney.WardC«@henlaw.com1 Sent: Monday, January 16, 2012 1:40 PM To: bwhitehallC-Ocityofokeechobee.com; jrcook1648@yahoo.com Subject: Carter Pritchett Advertising, et al. v. City of Okeechobee Good afternoon. Attached find correspondence for review. I have Bob scheduled to go out to Okeechobee tomorrow, January 17th, at 6:00 for a meeting at City Hall. If that changes, please let me know. Thanks! Courtney Ward Assistant to Robert C. Shearman Henderson, Franklin, Starnes & Holt, P.A. 1715 Monroe Street P.O. Box 280 Fort Myers, FL 33902 Direct Dial: 239.344.1346 Direct Fax: 239.344.1501 Courtney.Ward(cDhenlaw.com www.henlaw.com i CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. To reply to our e-mail administrator directly, please send an e-mail to administrator(-henlaw.com IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to be used, and cannot be used, for the purpose of avoiding tax -related penalties. If you wish to engage this firm to provide formal written advice as to federal or state tax issues, please contact the sender. 2 Henderson IFran 1<1 i n ATTORNEYS AT LAW VIA E-MAIL ONLY Brian Whitehall, City Administrator City of Okeechobee 55 S.E. Td Street Okeechobee, FL 34974 1715 Monroe Street Post Office Box 280 -Fort Myers, FL 33902-0280 Tel: 239.344.1100• Fax: 239.344.1200• www.henlaw com Bonita Springs • Sanibel Reply to Robert C. Shearman Board Certified Civil Trial Lawyer Direct Fax Number 239.344.1501 Direct Dial Number 239.344,1346 E-Mail: robert.shearman@henlaw.com January 16, 2012 Re: Carter Pritchett Advertising, et al. v. City of Okeechobee Claim No. 010523-27122-EO-01 Insured: PRM/City of Okeechobee Centennial Builders and Carter Pritchett Advertising v. City of Okeechobee Claim No. 010523-028222-EO-01 Insured: PRM/City of Okeechobee Dear Brian: I'm glad that we were able to recently connect and make some progress in this case. I was also able to speak with Steve Ramunni on a couple of occasions and let him know that we are in fact working to bring this matter to a conclusion. I understand that the City is concerned about perpetuating billboards contrary to its long range plans. Although our Mediated Settlement Agreement provides for one existing billboard to be refurbished and a second to second to be constructed at the edge of town, members of the City Council are interested in exploring the possibility of negotiating a time limit for the existence of the billboards. We have discussed this possibility with Steve Ramunni previously, and his clients have proposed a 20 year period after which the billboards will be considered non -conforming uses and not subject to rebuilding. This could, however, result in the billboards being maintained for a very long period of time. Last week I discussed with Ramunni the possibility of placing a definitive time limit on the existence of the billboards. He did not reject this proposal outright, but stated that the time period in question would have to be long enough so that his clients could Henderson, Franklin, Starnes & Holt, P.A. Brian Whitehall January 16, 2012 Page 2 recoup their investment and realize some profits. Just for discussion sake, we mentioned a ten year period for the refurbished billboard, after which it would be removed; and with regard to the newly constructed billboard a ten year period after which it would be considered a non -conforming use, and a twenty year period after which it would have to be removed. Steve indicated that his clients would have to "crunch some numbers" before he could address these topics in more detail. Rather than traveling to Okeechobee for an unproductive public meeting, Steve stated that he would prefer that the City address this subject in an executive session and come up with a proposal which he could take to his clients. I agree that this would probably be beneficial, but wanted to be sure that we had a basis for initiating an executive session, keeping mindful of the Sunshine Law. Because no final judgments have been entered in the lawsuits filed by Ramunni's clients, and instead they have been dismissed temporarily in order to allow the parties an opportunity to try and conclude our Mediated Settlement Agreement, it appears that the City could convene in an executive session to discuss potential settlement of these claims. My associate, David Hughes, has assisted me in this matter and has located an Attorney General Opinion, AGO 94-33, directly on point. That decision addressed the Gainesville -Alachua County Regional Airport's authority to conduct an executive session in order to avoid providing a plaintiff access to records of strategy and settlement meetings to gain an advantage in anticipation of future litigation. In that case, the individual specifically dismissed his lawsuit without prejudice in order to force the Airport Authority to conduct its strategy and settlement meeting in public, and use the information once he refiled the lawsuit. The Attorney General recognized this as a sham and stated: Accordingly, it is my opinion that to give effect to the purpose of Section 286.011 (8), Florida Statutes, a public agency may maintain the confidentiality of a record of strategy or settlement meeting between a public agency and its attorney until the suit is dismissed with prejudice or the applicable statute of limitations has run. (Emphasis added.) Ramunni has no objection to allowing us an opportunity to provide notice of the executive session and conduct the meeting. This would allow him to take proposals to his client for consideration and the matter could be brought back up before the Board at a public meeting down the road for final approval, if necessary. I will continue to discuss with you the outlines of a proposal which we could present to the Council. I will Henderson, Franklin, Starnes & Holt, P.A. Brian Whitehall January 16, 2012 Page 3 also copy this letter to John Cook. I understand that you will keep me advised as to the scheduling of an executive session. RCS/cgw cc: John Cook, Esq. Very truly yours, Jsf IZ9bert C Shearman (signed in W r. Shearman s absence to avoid delay) Robert C. Shearman Henderson, Franklin, Starnes & Holt, P.A. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY FLORIDA CIVIL ACTION CARTER PRITCHETT ADVERTISING, INC. & CENTENNIAL BUILDERS OF LEE COUNTY, INC., Plaintiffs, V. CASE NO. 2007-CA-87 THE CITY OF OKEECHOBEE, A FLORIDA MUNICIPAL CORPORATION, Defendant. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CIVIL ACTION CENTENNIAL BUILDERS OF LEE COUNTY, INC., a Florida corporation and CARTER PRITCHETT ADVERTISING, INC., a Florida corporation Plaintiffs, V. CASE NO. 2008-CA-062 THE CITY OF OKEECHOBEE, a Florida Municipal Corporation, Defendant. SETTLEMENT AGREEMENT AND RELEASE The parties to this action, CARTER PRITCHETT ADVERTISING, INC. & CENTENNIAL BUILDERS OF LEE COUNTY, INC, CENTENNIAL BUILDERS OF LEE COUNTY, INC., a Florida corporation and CARTER PRITCHETT ADVERTISING, INC., f s. a Florida corporation (hereinafter "CARTER PRITCHETT/CENTENNIAL") and the CITY j OF OKEECHOBEE (hereinafter "OKEECHOBEE"), hereby stipulate and agree as follows: WHEREAS, CARTER PRITCHETT/CENTENNIAL instituted legal actions against OKEECHOBEE arising out of applications for building permits to construct billboards within the City limits, as set forth in those certain legal actions entitled: Carter Pritchett Advertising, Inc. & Centennial Builders of Lee County v. The City of Okeechobee, Case No. 2007-CA-87, Centennial Builders of Lee County, Inc. and Carter Pritchett Advertising, Inc. v. The City of Okeechobee, Case No. 2008-CA-062, and Mary Ann Newcomer v. The City of Okeechobee, Case No. 2008-CA-004, pending in the Circuit Court in and for the Nineteenth Judicial Circuit of Florida in and for Okeechobee County, Florida ("the litigation"). WHEREAS, OKEECHOBEE denies all allegations, liability, and damages in full; and WHEREAS, the parties hereto, to avoid the costs and uncertainties of litigation, have negotiated a settlement of all claims between themselves as set forth below: 1. OKEECHOBEE will present to the City Council for approval a proposal whereby CARTER PRITCHETT/CENTENNIAL would be permitted to construct a billboard on the State Road 70 corridor, east of Taylor Creek, in an area zoned "heavy commercial' within OKEECHOBEE. 2. OKEECHOBEE will submit for approval to the City Council a proposal allowing CARTER PRITCHETT/CENTENNIAL to replace its existing billboard on the State Road 15 north corridor, allowing for its removal and the construction of one billboard with a maximum height of 30.5 feet to the top and 20 feet to the bottom, with Page 2 dimensions of 10.5x36 feet, set back a minimum of 15 feet from the edge of the sign to the right-of-ways, and otherwise compliant with all City codes, within Section 16, Block 58. 3. OKEECHOBEE shall recommend approval of the proposals set forth in paragraphs 1 and 2 above under the sign ordinance in existence as of November 1, 2006, and that the billboards so constructed be considered conforming structures. In the event CARTER P RICH ETT/CENTENNIAL is unable to locate suitable properties within a the areas described in paragraphs 1 and, CARTER PRICHETT/CENTENNIAL may present alternate locations to OKEECHOBEE for consideration in the context of this agreement and OKEECHOBEE agrees to give reasonable consideration to such alternate locations. 4. The billboards described in paragraphs 1 and 2 shall be static structures without electronics, other than standard lighting, without moving parts, flashing lights, or three dimensional images. 5. OKEECHOBEE agrees to present the proposals outlined in the Settlement Agreement to the City Council in executive session and to advocate their approval. No G statements, writings, or opinions expressed by legal counsel, insurers, agents, representatives, or parties shall be admissible for any purpose in any subsequent proceedings, whether judicial or administrative for any reason whatsoever. 6. CARTER PRITCHETT/CENTENNIAL shall identify specific proposed parcel for construction of the billboard identified in paragraphs 1 and 2 above to OKEECHOBEE for presentation to the City Council within six months of the date of this Agreement. Page 3 7. The litigation shall be stayed pending presentation of this proposed Settlement Agreement to the City Council and, upon approval of the Settlement Agreement, the litigation shall be dismissed with prejudice, each side to bear its own costs and attorney's fees. 8. CARTER PRITCHETT/CENTENNIAL agrees to indemnify, defend and hold harmless OKEECHOBEE from all claims advanced by Marie Newcomer Tuten, or any other individual or entity claiming an interest in any permitsoor applications i described in the litigation, and CARTER PRITCHETT/CENTENNIAL represent and warrant that they have full and complete authority and right to settle the claims set forth in the litigation. 9. This Settlement Agreement is wholly conditioned upon and subject to approval by the OKEECHOBEE City Council, which approval, if granted, is conditioned upon the dismissal with prejudice of that certain action styled: Mary Ann Newcomer v. The City of Okeechobee, Case No. 2008-CA-004, in the Circuit Court in and for the Nineteenth Judicial Circuit of Florida in and for Okeechobee County, within 10 days of approval by the City Council. 10. In the event that the Settlement Agreement is approved by the City Council, CARTER PR ITCH ETT/CENTENN IAL shall have four months to apply for building permits for the proposals outlined in paragraphs 1 and 2, and shall have eight months after issuance of building permits by OKEECHOBEE, if such building permits f are issued, to complete the construction of the billboards, as outlined in paragraphs 1 and 2. CARTER PR ITCH ETT/CENTENN IAL agrees to use all reasonable efforts and exercise due diligence in pursuing the building permits and construction. ' Page 4 OKEECHOBEE agrees to reasonably and expeditiously process the applications submitted by CARTER PRITCHETMENTENNIAL, pursuant to paragraphs 1 and 2 above. 11. It is understood and agreed that this Settlement Agreement represents the compromise of doubtful and disputed claims, and that the consideration called for herein does not constitute and is not to be considered as an admission of liability on the part of any of the parties, by whom all liability is expressly denied. 12. In executing this Settlement Agreement, the parties represent that: (a) this Settlement Agreement and Release was signed KNOWINGLY, VOLUNTARILY, FREELY AND OF THEIR OWN VOLITION; and (b) in signing this Settlement Agreement and Release, the parties have consulted with or had the opportunity to consult with an attorney, and in fact, have been advised to consult with an attorney. 13. The parties agree that each party will be responsible for the payment of their own attorney's fees and expenses, including mediation fees, in connection with the litigation and the negotiating and drafting, the presentation of the Settlement Agreement to the City Council, and any subsequent efforts in connection with the application and construction process. 14. Each party was represented by independent counsel in this matter. Furthermore, the parties obtained advice from said counsel concerning the meaning, scope, and effect of this Settlement Agreement and Release. 15. The parties agree to execute and deliver all such other documents, agreements, or certificates necessary to effectuate the terms of this Settlement Agreement. Page 5 16. This Settlement Agreement shall be governed by and construed under and in accordance with the laws of the State of Florida, both substantive and remedial, and shall be deemed to have been executed and delivered in the State of Florida, and shall be construed and enforced in accordance with the laws of Florida, without regard to conflicts of law provisions. 17. Any and all actions arising from or relating to the Settlement Agreement shall be commenced in Okeechobee County, Florida. 18. This Settlement Agreement constitutes the entire agreement and understanding of the parties hereto, supersedes any prior agreements between the parties, whether written or oral, and may not be exchanged, altered, or modified, except in writing and executed by the parties hereto. Each party acknowledges that no representation, inducement, promise, or other agreement, oral or otherwise, was made by any party, or anyone acting on behalf of any party, and that no representation was relied upon by any party, except to the extent that such representation, inducement, promise, or agreement is set forth in this Settlement Agreement. 19. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CARTER PRITCHETT/CENTENNIAL hereby releases, acquits and forever discharges OKEECHOBEE of and from any and all claims, damages, costs, expenses, demands of whatsoever kind or nature, and causes of action, whether known or unknown, direct or indirect, latent or patent, mature or contingent, whether arising in law or equity which CARTER PRITCHETT/CENTENNIAL ever had, or may have in the future by reason of any act, omission, matter, transaction, event, or other thing, from the beginning of time, up to and including the date of this Page 6 Settlement Agreement, including but not limited to, all claims or causes of action arising from or related to applications for building permits, or the issuance of permits, as more fully described in the litigation. IN WITNESS WHEREOF, the parties have hereunto signed their names on the day and year written below. Dated: / /z �o Dated: x O Dated: CARTER PRITCHETT ADVERTISING, INC. �7 By: Title: CENTENNIAL BUILDERS OF LEE r:rli INT'V Mr. FOX & RAMUNNI, P.A. 2211 Widman Way, Suite 250 Fort Myers, FL 33901 Counsel for CARTER PRITCHETT/CENTENNIAL Cl' Dated: ' ' t Z - 1 By Tit Page 7 Dated; Robert C. Shearman HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Attorneys for OKEECHOBEE Post Office Box 280 1715 Monroe Street Fort Myers, FL 33902-0280 Page 8 NANCY PHILLIPS & ASSOCIATES, L.L.C. 7408 Edisto Drive Lake Worth, Florida 33467-7533 561-432-1524 — Telephone 561-432-6734 — Facsimile January 10, 2012 MEMORANDUM TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, CDBG Consultant SUBJECT: Approval of CDBG Ranking List CDBG Housing Grant IODB-H08 EXHIBIT 4 JAN 17, 2012 VIA EMAIL The City solicited housing applicants through November 12, 2011. In response to the newspaper advertisements, the City received fourteen (14) applications for housing rehabilitation assistance through CDBG grant 1 ODB-H08. One (1) application was deemed to be "Over Income" and would not be eligible for participation in the program. Also, one (1) applicant withdrew their application. Therefore, there are twelve (12) active applications that the City is working with. In order to determine the order that assistance will be provided, applications were ranked according to the criteria noted in the City's Housing Assistance Plan (HAP): 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 All applications have been reviewed and the following ranking list is being presented for your approval: No. Name Address Rankin Points 1 Beverly Alvarado 605 NW 17 Street 90 2 MarilynSmith 512 SE I e Avenue 90 3 Leslie Arnold 1009 SW 11 ul Street 90 4 ShirleyRoberts 915 NW 9 Street 60 5 Patricia Anderson 911 NW 12 Street 60 6 Cebrena Thomas 925 NW 11 Street 60 7 Maria Gomez 1106 SW 5 Street 60 8 Mattie Wyatt 106 NW 5th Street 60 9 Debra Leon 604 NW 15 Street 60 10 Gloria Goulette 809 SE 9 Court 60 11 Henrietta Ridley 1609 NW 7h Avenue 30 12 Judy Curtis 209 SE 8t Avenue 30 Please advise if you are related to any of the above noted CDBG housing applicants so a Conflict of Interest waiver can be processed. The City Council must disclose any relationship with an applicant and must abstain from any vote related to that applicant. In addition to the approval of the Ranking list, I will also be available at the City Council meeting on January 17a' to discuss the CDBG housing project and answer any questions you might have. /nsp FY 2011 Income Limits Documentation System FY 2011 Income Limits Summary Okeechobee I $44,300 County I Very Low ' 54°l0 $15, 900 ! $18,150 $20, 400 $22, 650 $24, 500 I $26, 300 1 $28,100 1 $29, 900 Income Limits i } Extremely Low (30Q/o) E $9,550 ! $10,900 $12,250 $13,600 $14,700 $15,800 $16,900 $18,000 Income i Limits Low 80% v( u Income $25,400 1 $29,000 1 $32,650 $36,250 $39,150 $42,050 1$44,950 1 $47,850 Limits i1 { I For details on the calculation steps for each of the various parameters, please click the "Median Income" column heading or the Income Limits row labels ("Very Low -Income (50%) Limits", "Extremely Low -Income (30%) Limits", and "Low - Income (80%) Limits"). Income Limit areas are based on FY 2011 Fair Market Rent (FMR) areas. For a detailed account of how this area is derived please see our associated FY 2011 Fair Market Rent documentation system. 5/31/11 Lane From: nsp <nsp920@aol.com> Sent: Monday, January 16, 2012 2:33 PM To: Igamiotea@cityofokeechobee.com Cc: bwhitehall@cityofokeechobee.com; rbrock@cityofokeechobee.com Subject: Minutes of Tuesday's Public Meeting Attachments: Rankling list memo-revised-1-10-12.docx Lane -- CDBG requires that the ranking list by name and address be noted in the minutes of 1-17-12 meeting. I have attached a copy of the list to make it easier for you. Please contact me if you have any questions. Thanks! Nancy Phillips Nancy Phillips & Associates 7408 Edisto Drive Lake Worth, FL 33467-7533 561-432-1524 - Office 561-432-6734 - Facsimile 1 EXHIBIT 5 JAN 17, 2012 4 y,aF,QK�FCfr MEMORANDUM TO: Mayor & Council FROM: City Clerk/Personnel Administrator Gamiotea " DATE: Jan. 11, 2012 SUBJECT: City's Personnel Grievance Committee Appointments As per the City Personnel Policies and Procedures, the City Council needs to consider appointing a Grievance Committee, for two years, from the Police, Fire, Finance, Administration (includes General Services and Clerk's Office) and Public Works Department's. The following is the list of active and alternate members submitted from each of the above departments: DEPARTMENT Police Fire Finance Administration Public Works ACTIVE MEMBER Skip Eddings Jeff Baugh Nathan Pippin Robin Brock Marvin Roberts ALTERNATE MEMBER Larry Parzygnat Adam Crum India Riedel Melisa Jahner Clint Gould Thank you for your consideration and please advise should you have any questions. EXHIBIT 6 dart 17, 2012-Aencla MEMORANDUM TO: Mayor and Council Members FROM: City Clerk Gamiotea SUBJECT: Citizen Board Appointments DATE: January 17, 2012 1. Code Enforcement Board c�, We have one vacancy due to Mr. Irby being appointed as a County Commissioner. We have been advertising on the City's website, and through various organizations. We have not received any applications to date (as I had hoped we would). Normally I would bring a request to the Council to move one of the alternate members to finish the regular members term. However, since Mr. Irby's term expires April 30, 2012, would the Council want to consider waiting and make it a full term (three-year) appointment at the April 3 meeting? Should you decide to go ahead and appoint one of them to fill the term, it will be until April 30, 2012. Attached is a copy of the board members list. Please be sure and let citizens know we have a position to fill on this board. 2. OUA a�> We have one vacancy on this board, again due to Commissioner Irby's appointment. We have advertised through local organizations and directly on this months water/wastewater bills. I contacted the City's alternate, Mr. Fadley and he does not wish to be appointed as a regular member due to his work schedule, he has a difficult time being able to stay for the entire meeting. I followed up on several phone calls with citizens being interested in serving. However, the residency requirement and attending day time meetings have been noted obstacles. We received one application to date, from Mr. Randy Huckabee. Mr. Irby's term does not end until March 30, 2013. 1 can either continue to advertise or a motion would be in order to appoint Mr. Randy Huckabee (application attached) as a regular board member, term being January 18, 2012 through March 30, 2013. CITY OF OKEECHOBEE Revised 1/1712012 MJ - Office of the City Clerk CODE ENFORCEMENT BOARD (Citizen Board 3-Year Terms are Appointed by the City Council) Jamie Gamiotea (Chairperson) 824 SE 1Oth Street Okeechobee, FL 34974 863-357-1191 (home) 863-763-3322 (work) Appointed to Board: May 1, 1999 Current Term: 5/1/2009 to 4/30/2012 Jim Pippin 1204 SE 8th Avenue Okeechobee, FL 34974 863-467-0030 (home) 863-634-6134 (cell) Appointed to Board: July 21, 2009 Current Term: 5/1/2010 to 4/30/2013 Judy Douglas 813 SE 10' Street Okeechobee, FL 34974 863-763-4442 (home) 863-697-6834 (cell) Appointed to Board: August 18, 2009 Current Term: 5/1/2011 to 4/30/2014 Vacancy - Regular Member (replace Frank Irby) Current Term: ending 4/30/2012 Rennae Sweda 497 SW 21" Street Okeechobee, FL 34974 863-467-1994 (home) 863-763-1107 (work), Appointed to Board: April 30, 1999 Current Term: 5/1/2011 to 4/30/2014 Randy Huckabee 1265 SE 23`d Street Okeechobee, FL 34974 863-634-2510 (cell 863-763-2171 (work)) Appointed to Board: May 6, 2008 Current Term: 05/01/2011 to 04/30/2014 Melissa Close 810 SE 101h Street Okeechobee, FL 34974 863-357-2744 (home) 863-634-1712 (cell) Appointed to Board: August 18, 2009 Current Term: 05/01/2010 to 04/30/2013 Louise Conrad (Alternate) 210 NE 8th Avenue Okeechobee, FL 34972 863-697-1411 (cell) Appointed to Board: May 17, 2011 Current Term: 05/18/2011 to 04/30/2013 Theodore J. Denisuk (Alternate) 1101 SE 81h Avenue Okeechobee, FL 34974 863-467-8932 (home) 561-449-3815 (cell) Appointed to Board: October 18, 2011 Current Term: 10/19/2011 to 04/30/2014 CODE ENFORCEMENT STAFF HERB SMITH, FIRE CHIEF/CODE ENFORCEMENT OFFICER FRED STERLING, CODE ENFORCEMENT OFFICER SUE CHRISTOPHER, BOARD SECRETARY JOHN COOK, BOARD ATTORNEY 55 SE 3rd Avenue, Okeechobee, FL 34974 Fire Department 863-467-1586, Code Enforcement 863-357-1971 BOARD MEETS THE 2nd TUESDAY OF EACH MONTH, 6:30 P.M., CITY HALL, COUNCIL CHAMBERS, ROOM 200, CONTACT THE BOARD SECRETARY FOR COPIES OF THE AGENDA 04/22/2008 15:11 B637F`904 FBC OKEECHOF?r-- PAGE 01 venue * Florida * 34974 �1r APPLICATION FOR CITY RneRI'f/r--nuuiTT1ri~ n0anim7iu =m-irc Please print or type aft informafion. The information from this application will be used by the City Council in considering action on yourappointment. The application MUSTBLCCOMPLETEDIN,FULL. Answer "none'° or "not applicable"where appropriate_ CHECK HOARG(S) OF INTMEST TO YOU (A COPY OF EACH aOAHOS DUTIES, MEETING DATES Ac TIMES ARE ATTACHED): Cl Planning Board - Board ode Okeechobee Utility ElGeneral Employees O Other. of Adjustment & Appeals -41' onaement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: Years. Is this in the City L'units? es ONO m MAILING ADDRESS:° HOME TELEPHONE rl4o CELUOTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION: BUSINESS ADDRESS: e/ 4) 51' e00097 WORK TELEPHONE: 8 I FAX NUMBER(S): 90 DATE OF BIRTH:G ARE YOU A US CITIZEN? es ONO, explain: FLORIDA REGISTERED VOTER? Oes County Registered in: t7No EDUCATION: High School Name & Location: 1�eers1-1Y10- Year Graduated: 1-y 7 yr POST SECONDARY EDUCATION' NAME A LDCATigN: DATM ATTENDED CER77FIQATFE EGREE REC 3- /YGe/,7fe-- 74- ��Pas�.rL•� s✓Or�sPat•r ,���f�'wos�'/ /Y76-b'P �%% ,�j."y. .. MILITARY SERVICE:DATES: PATE oisctlAAc o: Alll�-, ARE YOU CURRENTLY EMPLOYED AS.-'* OGeneral ContracW fitness Person []Architect (./ALL. THAT APPLY) UEng[neer b Contractor OReattor C]Attomey ODoctor OSumeyor - IXAy Person OUrben Planner -- • QLandscape Archltect b4/ LL/ LI�F7tf 1�: 11 Tib 3Ib "yF74 r bu UKEEUHUbS ' . PAGE 02 LIST ALL OF YOUR EMPLOYMENT. EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME a ADDRESS TYPE OF BMWs JUB TLl'LETLI'LE DATES Y 610hpe4 HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? DYES N90. IF YES. LIST: Maio BPARO bm POSMON ATEB STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORY THAT QUALIFYYOU FOR THIS APPOINTMENT. , � ZCe aµ� VKdl" S G'`.e-IF— °` vp-'g' ^e HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? QYES�0- IF YES, LIST. ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? DYES EAP. IF YES, UST: OFfICE THE DATE OF ELECTION T E tbllEt DF QOYEL�IVMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TOTHE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES/MO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? A/0 174/ LL/ Lnlb 10: 11 bbJ t b "i'JU4 r iSl UKttl f1UtSF HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES t IF YES, UST: ( — NATURE OF VMA-nON-, olspg aw. DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT AHE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: t"ALE C]FEMALE ETHNIC GROUP: 05AUCASIAN 13BLACK USPANISH HERITAGE ONATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(sp®cify): .'ALL THAT APPLY: OWARTIME PERIOD VETERAN ODISABLED VETERAN CIVIETNAM VETERAN HANDICAPPED STATUS:. OYES{S{ .1F YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE* OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? OYES DESCRIBEANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. ►"A� 0. Vl i Ll I"e 6"@� j1.� Q► 'C (�-n {-Q c�-� s.�r . tL2.> ko� Q ' Parv�.c. a. S- (,1�G-C-V (,Jcs�-.L,,c.� P�-�" -ice-�-. ��.•rc-�.'�. �a-'�r-av�� F7or--E�d��'ov� e�' �? l e-,nh !ems v . lV C.. i Coe..p 04/22/2008 15:11 8637E'g904 FBC OKEECHOFrc PAGE 04 STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my' knowledge. I authorize Investigation of all statements contained in this application. 1 hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. l understand that this application is a Public Record and Is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge #bat-""&- "rgad and understand each of the above statements. Signature of ®City residence is only a requirement for the OUA and Pension Boards. WThe City Code Book Sec. 70-151. 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." *Other covered jobs include_ correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibl(tles include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families (see §119.07(3)(k)l, F.S.). PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3R3 AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: J, REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: M Randy Huekabee. Th.D.. pastor/Teaeher Steve Wegmann pastor of Education i senior Rdults David Harris pastor of Worship Mark McCarter pastor of High school/College Jacob Hicks pastor of Children/middle school Teresa Ilrrants Director of Recreation ministry Carlene Huekabee Director of Biblical Diseiplingl Women ministries 401 S. W. Fourth street Okeechobee. rt 34974 (863) 763-2171 fax (863) 763-8904 e-mail: Fbeoltee@eotthlink.net January 10, 2012 Mrs. Robbie Chartier County Administrator Okeechobee County Dear Mrs. Chartier and Board of County Commissioners, I want to thank you for the confidence you placed in me by selecting me to serve on the Okeechobee Utility Authority Board. It has been an enlightening and great experience in learning more about Okeechobee County and the wonderful people we have serving us. Due to a personal reason, I am choosing to vacate my seat as the County Alternate. Hopefully, I will have an opportunity to serve with these outstanding individuals and staff again in the near future. Again, thank you for the opportunity to serve this past year ally ypurs, (R ndy uckabee, Th.D. Pa too eacher c.c. John Hayford DIs*ihV� e°dI of 1//7//� 2 n(� The Updates! from the SS SE 3Yd Av., Okeechobee, FL 34974 City Council meetingof.Ian 17, 2012 City Administrator's Desk • Florida Public Utilities Franchise Ord #1081 (2"d Rdca on Agenda, but expect to fail/deny/delay, pending additional research) — I've spoke to Berry Kennedy, FPU Director of Gas Operations, about the sample ordinance for a 30-year franchise for construction and operation of a natural gas distribution facility. We've been analyzing other franchise agreements including soliciting info from existing FPU customers. In light of that, I expect that the ordinance will be significantly changed to the point of creating a new rendition. • Proposed park at SE 6th Av and SE 7th Street — The latest rendition of the park has been given to the Park Comm. And tentatively there's a mtg set for Jan 23rd at 6:OOPM (Comm members incl. Daryl Roehm, Steve Nelson, Jamie Gamiotea, James Causier, Pat Mullins, Toni Doyle, John Creasman, Phil Baughman and Frank DeCarlo) • Carter Pritchett Advertising v. City billboard issue on Agenda — Enclosed in the packet pls find a copy of the Mediation Agreement for review. The two main issues, as I see it, outside of completely disallowing the signage altogether, have been reiterated by Atty Steve Ramunni, representing Carter Pritchett/Centennial Bldrs, essentially confirming that they can't move the proposed sign location easterly (as requested by the City) and his client is firm on the 20 year (vs 10 year) period before non- conformance provisions be instituted on a proposed billboard. We have had some discussion on the latter of those two issues in as much as suggesting his clients agree to a 15 year provision wherein the sign would be removed (vs just non-compliance). However, there has been little productive progress. took the liberty of inviting Atty Bob Shearman, the City's appointed PRM attorney to help explain the situation to the City Council. Further he is investigating the feasibility of calling for a closed session of which Atty Ramunni concurs could be delayed, pending additional negotiation. • CDBG for housing repair -grant — Nancy Phillips plans on giving an update of the process. We've added a chart to the exhibit that reflects the income levels for the qualifying applicants and we are seeking Council action as an Agenda item, approving the ranking list. Pls note Ms. Phillip's comment that any relationship between any Councilman and any of the applicants must be disclosed, a conflict of interest form must be completed, and abstention from voting is required. We're hopeful that w/ the $700k grant the City can fund all of the housing rehabilitation projects being ranked. • Chamber lease - The new Chamber has received a draft lease and made a few modest changes and Atty Cook is now reviewing. Page 1 1/17112 Activity Rpt Cont d — Chamber building and IRS — Since the auction of personal property on Nov 30 the IRS continues to maintain that they have a legal interest it the lease due to their filing prior to the date of the City's Judgement and Writ of Possession and the Internal Revenue Code authority, albeit they've never supplied the City with written document to that effect. I hope to have further information from Congressman Rooney's office as I've spoken to them after Terry Burroughs wrote a poignant letter: Hope this email finds you well. 1 am writing this email in hopes Congressman Rooney may be able to assist us with an issue that has been on going with the IRS regarding the old Chamber of Commerce in Okeechobee for over 18 months As you are aware the old Chamber was shut down by the IRS and their assets seized due to non payment of taxes from 2001 through 2008 in 2010. The new Chamber which / am in vo/ved with] purchased the assets of the old Chamber at an auction in November, 2011. Prior to that the City had filed a civil action against the old Chamber evicting them from the building. The order was signed by a circuit judge in December agreeing with the City thus evicting the old Chamber from the premises, thus cancelling the lease. However, the IRS is ignoring the fact the lease is no longer va/id and has indicated to the City that they should pay the outstanding amount of dollars the IRS feels the lease is worth. The original lease that was cancelled was in the amount of $I per year with a term of50 years The IRS believes the property has a commercial value potentially in the amount of the outstanding tax bill of $IOOK. The bui/ding in question resides on property owned by the Hammrick Trust, but under the authority of the City of Okeechobee since 1952. The City of Okeechobee is not interested in providing taxpayer dollars to the IRS to release the lien off of a building that currently resides on City propertyand has no valid lease associated with it. Furthermore, we are of the opinion the IRS should have went after the Old Chamber Board of Directors for any unpaid taxes However, they have chosen to ignore the criminal aspect of this overall and has focused on making the City taxpayers pay fora few individuals transgressions, thus holding the building hostage in our community. The City Manager and I met on Friday and decided that we would appeal to Congressman Rooney to see if there was anything he could assist us with resolving this issue. I fee/ the IRS is not abiding by the letter of the law by ignoring the fact that,? Board of Directors still exists on paper according to the Florida Division of Corporations, therefore they should be held accountable for their actions Any assistance or guidance that Congressman Rooney or yourself may offer would be greatly appreciated. /f you should have any questions regarding this, you may call myself at 863 697 a25 or Brian Whitehall, City Manager at 863 763 3372. City Clerk: • Citizen Board Appts — Lane has interest in both the Code Enf Board and the OUA Board and will hopefully have the application(s) in front of you by the meeting date, so we are adding it to the Agenda. Page 2 1/17112 Activity Rpt Cont d (City Clerk)— • Appt of the Personnel Grievance Committee (2-yr term) is on the Agenda as provided by the Personnel Code. The Committee (GC) is used in the event of an unresolved grievance between a subordinate and a Dept Head. The GC recommendations are either accepted or rejected by the parties involved but in the case of rejection the matter is then appealed to the City Council. • Procedure in the event of an election tie -Recall that the Council's request was to investigate minimizing the number of days to hold a subsequent run-off Special Election. Finance: • Fund Balance categorization method - as mentioned in previous memos, the Govt Acctg Standard bulletin (GASB) #54 recommends designating uses for municipal reserves (the fund balance). Plan to have the recommended policy at next meeting, but we are waiting on whether the instrument necessitates a Resolution or an Ordinance. Fire Dept & Code Enforcement: • Nuisance properties in Dean's Ct - In June 2011 the City passed a Resolution advocating a County DREF (Disaster Recovery Enhancement Fund) grant for funding demolition of dilapidated properties. In Sep 2011, 1 received great news from Admin Chartier that as part of demolition project some six dilapidated bldgs within the City would be funded. Unfortunately, according to grant Admin Debbie Belcher, they are still waiting on DEO to execute the approved project documents. The City, on its own, demolished the two northern most houses (south of IRSC) which were part of the project but in turn, will provide funds for other nuisance properties. Of course, I didn't realize in June that it would be taking this long, as the Code Enf Dept had secured appropriate owner documentation for an additional parcel. General Services: • Ord #1079 2"d Rdq - on the Agenda, addresses a host of LDR updates. • Ord #1080(2" d Rdq) - On the Agenda is the Church of God, 301 NE 4t' Av, zoning change from SF residential to Commercial Prof Office to accommodate a cafe, previously approved for a Sp Exeception. • Tech Review Comm (TRC) 1/19/12 mtg - will review a cafe request for the Elite Title bldg, 311 NE 2w St. I've attached a floor plan for the building. Police: SLERS radio - Most of the radio issues are resolved and each Dept is up and running. I say 'most' because there are some bugs we are working on. I mentioned the possibility of extraordinary costs to accommodate paging capability. Now it appears that we maybe able to join OUA's 'one - call' system which works like a 'reverse 911' and can page out specific cell or landline numbers all at once ... in much the same way that OUA notifies Page 3 1/17112 Activity Rpt Cont'd (Police SLERS)— customers of a water main break. This may be at considerably less cost than originally suspected... investigation continues. Public Works/Engineering: • City Engineer - continuing to work on a new job description. • SW 21 Storm Storm sewer project funding — I contacted Jim Threewits about the project and found that the County has been given tentative approval and as soon as formal grant -use confirmation is rec'd they plan on moving to the bid stage. • Asphalt project — Have developed a spreadsheet as we continue to review streets and are reviewing bid/contract updates since the last time the City took bids • 200 bik of SW 11th Street dry retention area — As part of a County 2008 hurricane disaster mitigation CDBG, at an estimated $20,000, the project calls for essentially excavating the R-O-W and replaced with a dry retention area. While close to bidding apparently there's some housekeeping issues incl SFWMD permitting and a CSX issue at another location using the same grant. • Sidewalk program 2012 — We have begun developing next year's project. If you have input on the matter pis advise. Page 4 JiaeWal ramp Kitchen H A Empty Office nk Prep L Counter L uompartment I W Sink A Y Storage HALLWAY reezer a v es Empty Office Table # fining Room #2 Table # Handicap Accesible Bathroom Wooden Ramp Planter C Lobby/Ordering O Carry -Out Pickup area U N T E Porch Rental Office Appx 276 Sq Feet Empty Office Empty Office Empty Office a e #4 Dining Room #1 C Table Planter Empty Office Porch v 1, U Wr_.S Go�IG I e^ pLai - iCxrrK �'7r'`� J FLOOD ZONE: "X" MAP'.UNMAPPED SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD, I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECT[ON 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABBOOv.FrGRQ ND ENCROACHMENTS OTHER THAN SHOWN. i BY,r.�� .' � // _.�" DATE. PROFESSIONAL SURVEYOR AND PER FLORIDA REGISTRATION B6427 FRED W. REPASS P.S.M. LEGEND, a -FOUND CONCRETE MONUMEN' -FOUND 5/8' DIA. IRON ROD O -EXISTING WIRE FENCE CI- -CENTER LINE FFE -FINISH FLOOR ELEVATION! PSM -PROFESSIONAL SURVEYOR AND MAPPER . R/W -RIGHT-OF-WAY PC -POINT OF CURVE p -DELTA ANGLE L -ARC LENGTH �pQ' -TYPICAL ELEVATION _NCH TT it FNQ Sld 51 .v Pai k-ST��keeckobee-- i'SG 2nol St Ib LEGAL DESCRIPTION: LOTS 11 AND 12, BLOCK 143, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 311 NE 2ND ST OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NUT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS, 6, ELEVATIONS SHOWN HEREON ARE BASED UPON N.G. V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE, CERTIFIED TO: FRANCES W. KIRTON BIG LAKE NATIONAL BANK ELITE TITLE, INC. TICOR TITLE INSURANCE CO. FIELD WORK COMPLETED, 12/15/04 McINTOSH AND ASSOCIATES BOUNDARY SURVEY SURVEYING & MAPPING PREPARED ON THE ORDER OF, 325 SW SOUTH QUICK CIRCLE BIG LAKE NATIONAL BANK PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (oFPIce & fax) SCALE, DRAWN BY, (FILE NO.- CERTIF. OF AUTHORIZATION NO, LB7332 1'=30'. TMW 1 12-029-04