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2010-09-28CITY OF OKEECHOBEE SEPTEMBER 28, 201 O REGULAR CITY COUNCIL MEETING AND FINAL BUDGET HEARING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 493 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II I. CALL TO ORDER - Mayor: September 28, 2010, City Council Regular Meeting; 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. 11. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Victoria Williams with a 10-Year Service Award Mayor Kirk called the September 28, 2010, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Simpson of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Absent Present Present Present Present Present Present Absent (Major Peterson was present) Present Present Mayor Kirk presented Sergeant Williams with a Longevity Service Certificate, which read, "Presented to Victoria Williams, in appreciation for your 10-years of hard work and dedication with the City of Okeechobee, September 22, 2000 to September 22, 2010, service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance," as well as monogrammed City sweater. Sergeant Williams gave a heartfelt note of gratitude and appreciation for the opportunity to be of service to the City. J A SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 2 OF 8 11 AGENDA 111 COUNCIL ACTION - DISCUSSION - VOTE 11 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 14, 2010 Regular Meeting and First Budget Hearing. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2010 Warrant Register; General Fund .... ......... ........ ........... $386,563.76 Public Facilities Improvement Fund ................ $14,122,44 Capital Improvement Projects Fund ................. $8,259.85 Capital Improvement Projects -Impact Fee Fund ....... $1,406,00 VII. AGENDA - Mayor. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the September 14, 2010, Regular Meeting and First Budget Hearing; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the August 2010 Warrant Register in the amounts, General Fund, three hundred eighty-six thousand, five hundred sixty-three dollars and seventy-six cents ($386,563.76); Public Facilities Improvement Fund, fourteen thousand, one hundred twenty-two dollars and forty-four cents ($14,122.44); Capital Improvement Projects Fund, eight thousand, two hundred fifty-nine dollars and eighty-five cents ($8,259.85); and Capital Improvement Projects -Impact Fee Fund, one thousand, four hundred six dollars and zeracents ($1,406.00); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. III There were none. Vlll. OPEN FIRST PUBLIC HEARING FOR CDBG 2010 FY PROGRAM - Mayor. III MAYOR KIRK OPENED THE FIRST CDBG 2010 FY PROGRAM PUBLIC HEARING AT 6.06 P.M. A.I. a) Discuss the Community Development Block Grant Program for City Grant Consultant Nancy Phillips appeared before the Council to advise that the funding for the 2009 grant cycle Fiscal Year 2010 Funding Cycle - Nancy Phillips, Grant ran out at number 19, the City was ranked 24`h out of 30. She is suggesting the Council move forward to apply for the Administrator. 2010 funding prior to the December 17 deadline. Should Council wish to apply for the grant funds a motion would be in order after taking public comments. SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 3 OF 8 495 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. CDBG PUBLIC HEARING CONTINUED. A.I. b) Public comments and discussion for the CDBG Program for Fiscal Mayor Kirk asked whether there were any comments or questions from the public? There were none. The Mayor then Year 2010 Funding Cycle. opened the floor for Council discussion. Council Member Watford asked, whether this was basically the same application? Ms. Phillips replied yes, but we will be starting all over again, holding a Citizens Advisory Task Force meeting in October along with a fair housing workshop, as well as City staff will be providing a few items. The 2009 application was designed to be modified into the 2010 application with ease. There will be future public hearings regarding the application. Council Member Watford moved that we submit a grant proposal for the Funding Cycle for 2010 for the CDBG grants; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING FOR CDBG 2010 FY PROGRAM - Mayor. III MAYOR KIRK CLOSED THE CDBG 2010 FY PROGRAM FIRST PUBLIC HEARING AT 6:11 P.M. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION 6:12 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1066 regarding Council Member Watford moved to read by title only, proposed Ordinance No, 1066 regarding Petition No.10-003-R, Petition No.10-003-R, submitted by Jennifer Williamson, on behalf submitted by Jennifer Williamson, on behalf of property owner Lifestyles and Healthcare LTD, to rezone property from of property owner Lifestyles and Healthcare LTD, to rezone property Commercial Professional Office (CPO) to Heavy Commercial (CHV); seconded by Council Member Williams. from CPO to CHV - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1066 by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1066 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO HEAVY COMMERCIAL (CHIT ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE " 496 SEPTEMBER 28, 2010 - REGuLAR MEETING & FINAL BUDGET HEARING - PAGE 4 OF 8 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE A. 2. a) Motion to adopt proposed Ordinance No.1066. 111 Council Member Markham moved to adopt proposed Ordinance No. 1066; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Both the Planning Board and Planning Staff are recommending approval. Council noted that they discussed this petition at the first reading and no further discussion was necessary. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 1067, Council Member Watford moved to read by title only, proposed Ordinance No. 1067, amending the Land Development amending the Land Development Regulations providing for Special Regulations providing for Special Exception Uses of Commercial and Industrial zoned land for purposes of Nursing Exception Uses of Commercial and industrial zoned land for Homes; seconded by Council Member Williams. purposes of Nursing Homes - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1067 by title only. Attorney Cook read proposed Ordinance No. 1067 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE 716, LAND DEVELOPMENT REGULA TIONS, AS AMENDED, AMENDING DIVISIONS 7, 8 AND 10; SECTIONS 96-253, 90-283, AND 90-343, PROVIDING FOR SPECIAL',I EXCEPTION USES OF COMMERCIAL AND INDUSTRIAL ZONED LANDS FOR PURPOSES OF NURSING HOMES; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1067, 111 Council Member Markham moved to adopt proposed Ordinance No. 1067; seconded by Council Member Williams b) Public discussion and comments. 111 Mayor Kirk asked whether there were any questions or comments from the public? There were none. There was a brief discussion at the first reading as to whether Council wanted to allow nursing homes as a permitted use in any zoning category. Administrator Whitehall again brought the matter up. The Council felt the ordinance was sufficient as presented. SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 5 OF 8 497 I) AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. PUBLIC HEARING FOR ORDINANCES CONTINUED. B. 2. c) Vote on motion. CLOSED PUBLIC HEARING FOR ORDINANCES - Mayor. X. NEW BUSINESS. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCES AT 6:17 P.M. A. Consider a Temporary Street Closing request submitted by First Council Member Markham moved to approve a Temporary Street Closing Application submitted by First Baptist Church Baptist Church for SW 41' Street Between 5" and 6" Avenues from of Okeechobee to temporarily close the portion of Southwest 4th Street between 5`h and 61h Avenues from 7:00 a.m. 7:00 a.m, to 6:00 p.m. on October 2, 9, 16, 23, 30 and November 6 to 6:00 p.m. on October 2, 9,16, 23, 30 and November 6 and 13, 2010 for pedestrian crossing during the Flag Football and 13, 2010 - City Clerk (Exhibit 3). Games; seconded by Council Member Williams. XI. OPEN PUBLIC HEARING FOR FINAL BUDGET ADOPTION - Mayor. A. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 2010-2011. B. Mayor announces that the proposed millage rate levy represents 10.51% less than the roll back rate computed pursuant to F.S. 200.065 (1). VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK OPENED THE FINAL BUDGET PUBLIC HEARING AT 6:20 P.M. Mayor announced that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 2010-2011. Mayor announced that the proposed millage rate levy represents 10.51 % less than the roll back rate computed pursuant to F.S. 200.065 (1). C.1. a) Motion to read by title only, proposed Ordinance No. 1068 , levying Council Member Watford to read by title only, for proposed Ordinance No.1068, levying a millage rate of 7.2432 for a millage rate of 7.2432 for the General Fund Budget - City Attomey the General Fund Budget; seconded by Council Member Williams. (Exhibit 4). t M 1 SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 6 OF 8 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 XI. FINAL BUDGET PUBLIC HEARING CONTINUED. C.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1068 by title only 2. a) Motion to approve the final reading of proposed Ordinance No 1068. b) Public comments and discussion. c) Re -computation of millage rate (if required). d) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1068 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 7.2432 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.2432 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITYPURPOSES; THAT SAID MILLAGE RATE IS 10.51 PERCENT (10.51%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1068; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council's discussion noted that under the circumstances with the revenues down considerably, this is probably the most fair way to move forward in order to continue the level of service the City wants to fund. The millage has not been taken lightly, several months of work have gone into the budget trying to keep any proposed millage increase at a minimum. Re -computation of the millage rate was not required. KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA O'CONNOR - ABSENT MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No. 1069, Council Member Watford moved to read by title only, proposed Ordinance No. 1069, establishing revenues and establishing revenues and expenditures of all City Funds for Fiscal expenditures of all City Funds for Fiscal Year 2010/2011; seconded by Council Member Williams Year 2010/2011 -City Attorney (Exhibit 5). 11 b) Vote on motion to read by title. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. SEPTEMBER 28, 2010 - REGULAR MEETING S FINAL BUDGET HEARING - PAGE 7 OF 8 499 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II A. FINAL BUDGET PUBLIC HEARING CONTINUED. D.1. c) City Attorney to read proposed Ordinance No.1069 by title only 2. a) Motion to adopt proposed Ordinance No.1069. b) Public comments and discussion. c) Vote on motion. CLOSE FINAL PUBLIC HEARING FOR BUDGET ADOPTION - Mayor. Attorney Cook read proposed Ordinance No.1069 by title only as follows: AN ORDINANCEADOPTINGANANNUAL BUDGET FOR THE CITYOFOKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010' AND ENDING SEPTEMBER 30, 2011; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $7,467,065.00, TRANSFER -IN OF $590,818.00 AND EXPENDITURES OF $5,312,474.00, LEAVING A FUND BALANCE OF $2,745,409.00, PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,586,420.00, EXPENDITURES OF $771,223.00 AND TRANSFER -OUT OF $317,700.00, LEAVING A FUND BALANCE OF $497,497.00, CAPITAL IMPROVEMENT PROJECTS FUND REVENUES OF $8,145, 690.00AND EXPENDITURES OF $1,040,568.00 AND TRANSFER -OUT OF $272,618.00, LEAVING A FUND BALANCE OF $6,832,504.00, CAPITAL IMPROVEMENT PROJECTSFUND-IMPACTFEEREVENUES OF$43,779.00, EXPENDITURES OF$0.00 AND TRANSFER OUTOF$500.00, LEAVINGA FUND BALANCE OF$43,279.00, LAWENFORCEMENTSPECIAL FUND REVENUES OF $3,137.00 AND EXPENDITURES OF $0.00, LEAVING A FUND BALANCE OF $3,137.00; PROVIDING AN EFFECTIVE DATE Council Member Markham moved to adopt proposed Ordinance No. 1069; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council Members thanked the Department Heads for all their work on the budget and for working out all issues without having to come to the Council. Administrator Whitehall pointed out a notation within his memorandum dated September 14, 2010, distributed at the first hearing, "the City's operating budget had decreased 24.98 percent since 2007. We are in year number six of a 'hiring freeze' with no new hires and year number two of no cost of living adjustment or benefit increase to existing employees." VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE FINAL BUDGET PUBLIC HEARING AT 6:29 P.M. 500 SEPTEMBER 28, 2010 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 8 OF 8 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 XII. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:29 p.m. III The next regular scheduled meeting is October 19, 2010 at 6:00 p.m. 11 Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane G miotea, CM , City Clerk %WW NEWSPAPERS OKEECHOBEE NF_WS STATE OF FLORIDA COUNTY OF OKEECHOBEE NT 107 S. V. 17th Street, Suite D, Okeechobee, H_ 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee Nees, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a i r 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 _tlifj �-iJ g. Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant 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 for publication in the said newspaper. , I t Judy Kasten Sworn to and subscribed before me this t —day ofAD r` Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLOF r, Angie Bridges ;Commission #DD779715 Expires: APR. 20, 2012 BONDED THRU ATLANTIC BONDING CO., INC. (863) 763-3134 FIRST PUBLIC HEARING N017a City of Okeechobee will be conducON a Public Hearing for $700,000 from the Fk e Florida Department be used for one of the 1. To benefit low and moderate income persons; or 2. To aid In the prevention or elimination of slums or blight or 3. To meet other community development needs of recent origin having a particular urgency because existing conditions pose a serious and im- mediate threat to the heath or welfare of the community and where oth- er financial resources are not available to meet such needs. The categories of actvtlies for which the FY 2010 funds may be used are in the areas of housing, neighborhood revitalization, commercial revitalization, or economic development and induce sudr im nieM xWities as acqui- sition b n of real property,ans to private -for- t business, purchase of ma- drkrery and equipment construcdon oferlgnffrasWMre, rehabilitation of houses matbn and regceardin�g n. Additional In - the rarcial nge of andenergy that may be�undertaken will be provided at the.INI: hearing. For each activity that is proposed, at least 70% of the funds must benefit low and moderate income persons. In developing an application for submission to DCA, the City must plan to minimize displacement of persons as a result of planned CDBG activities. In addition, the City is required to develop a plan to mist displaced persons. The public hearing to receive citizen views concerning the cdmmunity's eco- nomk and community development needs will be at the City Council meet- ing held in the C(ty of bkeerhobee Council Chambers on Tuesday, September 28, 2010 at 6:00-p.m. The meeting will be held at the Okeecho- bee City Hap, 55 S.E. 3fd Avenue, Okeechobee. For information concem- m the public hearing, contact the City Administrator's Office or telephone 863-763-3372. - Is being conducted in a handicapped accessible to arson rereqquiring an Inter�r for the hearing knpa d sfoukf contact the Oily AdrNnKbators Office a prior to the meefMq and an Interpreter will be pn peak lnq person w ing OD attend the public I City Administrator's Oltce at least five calenda and a lanou a intemreter will be provided. To 71. Any handicapped person ngshould � meeeting a City A Kirk, , City Clerk 112110 • • lk4DEPENDENT _ EMMENEWSPAPERS 0I<rEC1lOIIEE NEWS 107 S_1ti_ 7'rh Sereet, Suite D, Ol.. •chnL,: F L. , 074 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director 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 __L' _� ( Al-( in the matter of in the 1.9th 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 for publication in the said newspaper. - - -- -L` -- Judi/ Kasten Sworn to and subscribed before me this day of '= t` , / <. -'= AD Notary Public, State of Florida at Large i )VOTARY PUT3T.:IC-STATE OF FLORTD Angie B t-i(19c',: t l{ fi i:55i.GTl .y s1t`) j7J718 _ rC 1 t.i''ii. CO, 2012 80NDF.I) TkiRU 1ATI.ANTIC .BONDING Co., INO. FINAL BUDGET HEARING AND REGULAR CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the Cityof f Okee- chobee Tamday,will conduct the 2Ft 2016, 6Bud P00 µm. ublic Hearing as and ular l�aaftfter n on after possible, at Hall, 55 SE 3rd Ave, Rm 2D0, Okeechobee, Florida. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AN BE ADVISED that no stenographic record by a rtiRed cecourt reporter will be made of the foregoing meeting. AcoordingN, any who may seek to I any decision irmlvlg the matters no - herein will be responsible for making a verbatim record. of the tesWro- ny and evidence at said meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to paMdpate In this proceeding should contact the City Clerk's Office at 863-763-3372 for affiance. by: James E. Kirk, Mayor Lane Gamlotea, CIVIC, City Clerk 366672 ON 9/24/2010 • CITY OF OKEECHOBEE SEPTEMBER 28,2010 REGULAR CITY COUNCIL MEETING AND FINAL PUBLIC BUDGET HEARING OFFICIAL AGENDA CALL TO ORDER - Mayor: September 28, 2010 City Council Regular Meeting and Final Public Budget Hearing, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Alayor James E. Kirk ✓council Member Lowry Markham ,(Council Member Mike O'Connor aj�4u_ ' , ,Coouncil Member Dowling R. Watford, Jr. council Member Clayton Williams v6it Administrator Brian Whitehall Attorney John R. Cook ,-City Clerk Lane Gamiotea ,,Deputy Clerk Melisa Jahner )(Police Chief Denny Davis ire Chief Herb Smith .ate P&-u�� v-Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Victoria Williams with a Ten -Year Service Award. PAGE 10F 5 V. VI. w SEPTEMBER 28, 2010 - CITY COUNCIL AGENDA - PAGE 2 OF 5 MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 14, 2010 Regular Meeting and First Public Budget g V 1�i� Hearin . � «�,L — A(LI WARRANT REGISTER - City Administrator. A. Motion to approve the August 2010 Warrant Register. General Fund $386,653.76 Public Facilities Fund $ 14,122.44 Capital Projects Improvement Fund $ 8,259.85 Capital Projects Impact Fee Fund $ 1,406.00 AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN FIRST PUBLIC HEARING FOR CDBG 2010 FY PROGRAM - Mayor. A.1.a) Discuss the CDBG Program for Fiscal Year 2010 Funding Cycle -Nancy Phillips, Grant Administrator. / ` � 5ee? ` b) Public comments and discussion. CLOSE PUBLIC HEARING FOR CDBG 2010 FY PROGRAM. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 141 a7 /�� ' cam W 7 e h-�- A.1.a) Motion to read by title only proposed Ordinance No.1066 regarding Petition No.10-003-R, submitted by Jennifer Williamson on behalf of property owner Lifestyles and althre LTD to rezone property from CPO to CHV - City Planning Consultant (Exhibit 1). ll.i)q b) Vote on motion to read by title only. -f� SEPTEMBER 28, 2010 - CITY COUNCIL AGENDA - PAGE 3 OF 5 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. A.1.e) City Attorney to read proposed Ordinance No.1066 by title only. 7 2.a) Motion to adopt Ordinance No. 1066. '1 ?,z L a-! A e_ . i b) Public comments and discussion. 7X _ Q ��� � pth- A& "� e% c) Vote on motion. %Lf17/-/ L�- B.1.a) Motion to read by title only proposed Ordinance No, 1067, amending the Land Development Regulations providing for Special Exception Uses of Commercial and,,inf�ustri l zo ed Ian/ for purposes of Nursing Homes -City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1067 by title only. 2.a) Motion to adopt Ordinance No.1067. u21�1� b) Public comments and discussion. c) Vote on motion. /rL 9k �l (I &A, , CLOSE PUBLIC HEARING FOR ORDINANCE ADOPTION. X. NEW BUSINESS. A. Consider a Temporary Street Closing Request submitted by First Baptist Church for SW 4" Street between 5" & 6`h Avenues from 7:00 a.m. to 6:00 p.m. on September 25, October 2, 9,16, 23, 30 and November 6 & 13, 2010 - City Cleric (`Exhibit 3). �t wry 466 SEPTEMBER 28, 20'10 - CITY COUNCIL AGENDA - PAGE 4 OF 5 YJ. OPEN PUBLIC HEARING FOR FINAL READING OF BUDGET ORDINANCES - Mayor. � : ''% A. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed miliage rate levy and proposed budget for fiscal year 2010-2011. B. Mayor announces that the proposed miliage rate levy represents10.51% less than the roll back rate computed pursuant to F.S. 200,065 (1). C.1.a) Motion to read by ti le only pro ased Ordinance No.1 levying a miliage r 7.2432 for the General Fund Budget -City Attorney (Exhibit 4). C{�� n'..tt 1 b) Vote on motion t read by title only. c) City Attorney to read proposed Ordinance No.1068 by title only. 2.a) Motion to adopt Ordinance No.1068. b) Public discussion and comments.`') c Re-coMutation of mina e rat if required.) Mp 9 q( Q ) LLi d) Vote on motion. DA.a) Motion to read by title only proposed Ordinance No.1069 establishing revenues and expenditures of all City Funds for Fiscal Year 2010/2011- City Attorney (Exhibit 5).� b) Vote on motion to read by title only. �)l CaA L� c) City Attorney to read proposed Ordinance No.1069 by title only. t /4 it rn�hc t 2.a) Motion to adopt Ordinance No.1069. 0 SEPTEMBER 28, 2010 - CITY COUNCIL AGENDA - PAGE 5 OF 5 Xi. PUBLIC HEARING FOR FINAL READING OF BUDGET ORDINANCES CONTINUED. D.2.b) Public comments and discussion. c) Vote on motion. ,'} 1, £crx- CLOSE PUBLIC HEARING FOR FINAL READING OF BUDGET ORDINANCES. XII. ADJOURN MEETING - Mayor. � . 6�� 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 proceeding, and for such purpose may need to ensure 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 tapes are for the sole purpose of backup for official records of the Clerk. A-C cep v TF IL"� AA"-Y, a. dell k- -4 pl(-� ItY 4-e e,61669 r,��'J /V,4,,,V-4 - I 47 (" "f ICJ 16tr 7 10 ou-,j bvL E bONGEg�' SERVIGE. PreserteJ To At V�G�0�la In Appreciation for Your 10-Years of t--lard \Y,//or� and Dedication with 4e City} of 06-ect obee September 22, 2000 th-rouet September 22, 2010 Service is tke lifeblood of any} organization. Qver#kng flowfrom it and is nourished b4 it. Tt e City} and Your �-e (ow Citizens �ave -Penef itted Greatly} by Your performance. presented 4is 28tk L4 of September, 2010 James E. Klpk, Maror bane Gamlotea, MG, MY GIerk • • _eNDEPENDENT HEW5PAPERS 0KGEC110BEENRIVS 11-4R.1?th�trect, uitrD,(�kc�chnhi° II_ }9?:1 (85-3)76±-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that -the attached..coyly of advertisement being a in the matter of t l in the 1.9th 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 for publication in the said newspaper. r Y. r - Judy Kasten Sworn to and subscribed before me this —day of _ ___ _ AD I Notary Public, State of Florida at Large NOTARY ftMT,TC-STATE OF FLORIA Angie Bvidlges -nlnt)ssion >_779718 Ca T ices: A?'R. 20, 2012 30NDED THHU ATLANTIC BONDING CO., INC., PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeec rida will on Tuesday, September 28, 2010 at 6:00 p.m. or as soon ;r possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct HEARING on and thereafter to consider final reading of the fo lmance into law: 1066: AN ORDINANCE OF THE CITY OF 'a DISTRICT TO HEAW COMA. AMENDING THE ZONING CONFLICT'S, SEVERABILrTY The Ordinances regarding Rezoning Petition No. 10-003-R, submitted by Jennifer Williamson, on behalf of property owner, Lifestyles and Healthcare LTD (Okeechobee Healthcare facility), to change the zonin district from CPO to CHV, for approximately 4.319 unplatted acres, looted at 1646 N US HighwHighway 441. - ay of the agenda may be obtained from the City website www.city- ofokee9obee.com, or contact Administration, (863) 763-3372 x 212. A copy of the entire application(s) is available at the Gty Clerk's Office during regular business hours, Mon -Fri, Bam-4i30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter con- sidered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the Administration Office at 863-763-3372 for assistance. Lane Gamiotea, CMC, CITY CLERK • • DMIBIT 1 St r 28, 2010 ORDINANCE NO. 1066 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) 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, Jennifer Williamson, on behalf of property owner, Lifestyles and Healthcare LTD, more particularly described hereafter, has heretofore filed Petition No.10-003- R, pursuant to the Land Development Regulations of the City of Okeechobee forthe purpose of rezoning a certain tract of land consisting of 4.319 acre(s) from Commercial Professional Office (CPO) Zoning District to Heavy Commercial (CHV) 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 August 19, 2010, 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: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AS RECORDED IN O.R. BOOK 258, PAGE 756, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR SOUTH 89 DEGREES 52 FEET 43 INCHES WEST ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 132.00 FEET; THENCE BEAR NORTH 00 DEGREES 00 FEET 07 INCHES WEST A DISTANCE OF 325.39 FEET; THENCE BEAR NORTH 89 DEGREES 59 FEET 53 INCHES EAST TO THE INTERSECTION WITH AFORESAID EAST LINE OF SECTION 9, A DISTANCE OF 132.01 FEET; THENCE CONTINUE NORTH 89 DEGREES 59 FEET 53 INCHES EAST A DISTANCE OF 448.33 FEET; THENCE BEAR SOUTH 00 DEGREES 00 FEET 07 INCHES EAST TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 321.60 FEET; THENCE BEAR SOUTH 89 DEGREES 32 FEET 54 INCHES WEST ALONG SAID SOUTH LINE OF SECTION Ordinance No. 1061 Page 1 of 2 10 A DISTANCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (4.319 acres) zoning classification to be changed from Commercial Professional Office (CPO) Zoning District to Heavy Commercial (CHV) Zoning District. 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 public hearing on this 14' day of September, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor ADOPTED after First Public Hearing this 28t' day of September, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1066 Page 2 of 2 • V. OPEN PUBLIC HEARING - Chairperson. Application No. 10.003-SSA submitted by Jennifer Williamson to change the Future Land Use classification for 1646 Hwy 441 North, Lifestyles & Healthcare Ltd., from SF to C - Senior Planner. Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council.. B. Petition No.10-003-R submitted by Jennifer Williamson to change the Zoning for 1646 Hwy 441 North, Lifestyles & Healthcare Ltd. from CPO to CHV - Senior Planner. AUGUST 19, 2010 - PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 4 There were none. Mr. Brisson explained the property has been occupied by a Nursing Home since 1984. This was prior to the adoption of the City's Comprehensive Plan under the 1985 Growth Management Act. At that time the property was Zoned CPO which was the equivalent of today's CHV district, and a nursing home was an allowable use. When the City subsequently adopted its new LDRs in 1998, the CPO district then was divided as CHV, CLT and CPO districts, none of which allow a nursing home. The City is initiating this SSA as well as a rezoning to CHV and an amendment to the CHV district to allow a nursing home in that district. The intent of this SSA as well as the changes to the Zoning are to ensure that the FLUM, zoning and current use of the property are consistent and to remove the nonconforming status of the City's largest private employer and which we believe was an unintended consequence of prior changes to the City's zoning and LDRs. Board Member Burroughs moved to find the application consistent with the Comprehensive Plan and to recommend approval to City Council to change the land use designation from Single Family (SF) to Commercial (C) for property located at 1646 Hwy 442 North, Lifestyles & Healthcare Ltd., City of Okeechobee Comprehensive Plan Small Scale Future Land Use Map Amendment Application No.10-003 SSA; seconded by Board Member Brass. There was no discussion. MAXWELL-YEA HOOVER -ABSENT BURROUGHS - YEA McCoy -ABSENT KELLER- YEA LUVIANO - YEA MORGAN - ABSENT BRASS - YEA BAUGHMAN - ABSENT MOTION CARRIED. 11 Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council. Mr. Brisson addressed the Board with the same presentation as the SSA. Board Member Burroughs moved to recommend to City Council to approve Rezoning Petition No.10-003 R, changing the zoning from Commercial Professional Office (CPO) to Heavy Commercial (CHV) for property located at 1646 Hwy 441 North, Lifestyles & Healthcare Ltd. , City of Okeechobee; seconded by Board Member Luviano. There was no discussion. V. OPEN PUBLIC HEARING CONTINUED. B. Petition No.10-003-R continued. Application will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council, C. 2010 Evaluation and Appraisal Draft of the City's Comprehensive Plan - Senior Planner. VI. CLOSE PUBLIC HEARING - Chairperson. VII. NEW BUSINESS - Chairperson A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. AUGUST 19, 2010 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 4 MAXWELL-YEA HOOVER -ABSENT BURROUGHS - YEA McCOY- ABSENT KELLER- YEA LUVIANO - YEA MORGAN - ABSENT BRAss - YEA BAUGHMAN-ABSENT MOTION CARRIED. 11 Application will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council. Mr. Brisson distributed an e-mail received from Chair Maxwell of concerns to be addressed in the EAR Draft with responses by Mr. Brisson. After some discussion by the Board, Mr. Brisson stated he would incorporate the changes requested by the Board before review and consideration from City Council. Board Member Burroughs moved to recommend to City Council the EAR Proposal of the City's Comprehensive Plan for review and consideration; seconded by Board Member Brass. There was no discussion. MAXWELL - YEA HOOVER -ABSENT BURROUGHS - YEA McCoy -ABSENT KELLER- YEA LUVIANO-YEA MORGAN-ABSENT BRASS - YEA BAUGHMAN - ABSENT MOTION CARRIED. Mr, Brisson requested the Board change permitted use to Heavy Commercial (CHV) Zoning District to allow nursing homes. After some discussion the Board decided to allow nursing homes to CHV Zoning district by special exception. Board Member Burroughs moved to recommend to City Council to allow nursing home as a permitted use in the Heavy Commercial (CHV) Zoning District as a permitted use by special exception; seconded by Board Member Keller, AUGUST 19, 2010 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 4 City of Okeechobee General Services Depart 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Date: 7/16/10 Ak Petition No. 1 - - Fee Paid: N/A Jurisdiction: PB/CC I" Hearing: 8/19/10 2°d Hearing: 4�- 10 g Q FP Publication Dates-f Notices Mailed: I MI'm 1 Name of property owner(s): Lifestyles & Healthcare LTD 2 Owner mailing address: 1646 Hwy 441 N 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 55 SE Third Avenue 4a a -mail address: wo, c na r Uca ca no n. CO r''1` 5 Name of contact person (state relationship): n'ier W►��IcimSOn 6 Contact person daytime phone(s): Fq y : 7i �'S7-D 115 R. 5° 'M MOW 7 Property address/directions to property: 1646 N. Hwy 441 8 Describe current use of property: Nursing Home 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. N/A 10 Approx. acreage: 4.319 Is property in a platted subdivision? No 11 Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: Non -conforming use 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: County East: County South: Commercial/Residential West: County 14 Existing zoning: CPO Future Land Use classification SF 15 Request is for: (X) Rezone O Special Exception O Variance 16 Parcel Identification Number: 2-09-37-35-OA00-00010-0000 17 .. Applicant's %statement of interest in property To make the use conforming and consistent Revised 11/08 Page 1 of 10 Non-refundable application fee: Rezoning $85U; Special hxception: 1iJUU; variance: s.)uu; all plus $30/acre 18 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and N/A 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 actual costs. 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x 17") containing: 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number ( ) b. Legal description ( ) c. Corn utation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject / 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) "/A 23 Current zoning classification: CPO Requested zoning classification CHV What is the desired permitted use and intended nature of activities and development of the 24 property? Nursing home Is a Special Exception necessary for your intended use? No 25 26 I Is a Variance necessary for your intended use? No 27 28 29 30 Applicant's materials addressing required findings for granting a rezoning (attach). Describe the Special Exception sought: Are there similar uses in the area? If so, describe them: If a business, briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: Revised 11 /08 Page 2 of 10 Revised 11/08 Page 3 of 10 FINDIN4- REQUIRED FOR GRANTING A REZ, SING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA 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 body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. NO 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes 3. The proposed use will not have an adverse effect on the public interest. NO 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 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 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. Existing 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. NO 9. 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. Revised 11/08 Page 4 of 10 • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 r; �Iim �/ Prepared for: The City of Okeechobee Applicant.' City of Okeechobee Petition No. 10-003 R (Lifestyles & Healthcare, LTD) Staff Report Applicant: City of Okeechobee Rezoning Petition No.: 10-003-R General Information Owner: Lifestyles & Healthcare, LTD Address: 1646 Hwy. 441 N, Okeechobee, FL Applicant: City of Okeechobee Applicant Address E-Mail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage 55 SE Third Avenue, Okeechobee, FL bclement@cityofokeechobee.com Betty J. Clement, General Services Coordinator Existing Proposed Residential Single- Commercial Family CPO Nursing Home 4.319 acres CHV Nursing Home 4.319 acres Location: 1646 Hwy. 441 N. PARCEL ID#2-09-37-35-OA00-00010-0000 Legal Description: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR S 89 DEGREES, 52 MINUTES, 43 SECONDS W ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 132.00 FEET; THENCE BEAR N 00 DEG 00 MIN 07 SEC W A DIST OF 325.39 FT; THENCE BEAR N 89 DEG 59 MIN 53 SEC E TO THE INTERSECTION WITH THE AFORESAID LINE E LINE OF SEC 9 A DIST OF 132.01 FT; THENCE CONT N 89 DEG 59 MIN 53 SEC E DIST OF 448.33 FT; THENCE BEAR S 00 DEG 00 MIN 07 SEC E TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 321.60 FEET; THENCE BEAR S 89 DEGREES, 32 MINUTES, 54 SECONDS W ALONG SAID SOUTH LINE OF SECTION 10, A DISTNCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. • • Staff Report Rezoning Description of the Request Applicant: City of Okeechobee Petition No.: 10-003-R The matter before the Local Planning Agency and City Council is an application for a rezoning of a 4.319 acre property, located at 1646 Hwy. 441 North, from CPO to CHV. The property is and has been occupied by a Nursing Home since 1984. At that time the property was Zoned CPO which was the equivalent of today's CHV district, and a nursing home was an allowable use. When the City subsequently adopted its new LDC in 1998, the then CPO district was divided into the CHV, CLT and CPO districts, none of which allow a nursing home. The City is also initiating an SSA to redesignate the property on the Future Land Use Map from Single -Family to Commercial and proposing to add a nursing home as a permitted use in the CHV district. These actions taken together will ensure that the Future Land Use Map, zoning and current use of the property are consistent and will remove the nonconforming status of the City's largest private employer. We believe the property's nonconforming status was an unintended consequence of prior changes to the City's zoning and LDC. North: East: Future Land Use Map Classification: Zoning District: Existing Land Use: Uninc. OkeechobeeCounty: Commercial Mixed Use & Urban Residential Mixed Use Uninc. Okeechobee County: Residential General Hospital Future Land Use Map Classification: Uninc. Okeechobee County: Urban Residential Mixed Use Zoning District: Uninc. Okeechobee County: Neighborhood Commercial 2 Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial and Single -Family Zoning District: CHV and Holding Existing Land Use: Vacant West: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land Use: Vacant Staff Report Rezoning General Comments: Applicant: City of Okeechobee Petition No.: 10-003-R The requested rezoning to CHV is consistent with the general pattern of commercial expansion evident in the area within two blocks of US 441. Further, the property has been used as a nursing home for over 25 years, is the City's largest private employer and is located adjacent to the hospital. These factors coupled with the need to ensure consistency between the zoning and the FLUM and the long-standing use of the property for a nursing home support the proposed rezoning to CHV. Analysis: -1 Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. Staff Comments relating to each of the criteria are provided in bold typeface: The proposed use is not contrary to Comprehensive Plan requirements. Approval of the rezoning is intended to accompany the proposed change to Commercial on the FLUM. Rezoning to CHV will then be consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. This application is also being accompanied by a proposed change to allow a nursing home in the CHV district as a permitted use. Prior to the 1998 adoption of the new LDC, hospitals and nursing homes were allowed as a special exception on the property. The requested change to allow a nursing home in the CHV district will treat nursing homes and hospitals equally, as they were in 1984. 3. The proposed use will not have an adverse effect on the public interest. A nursing home has long been operated on the property and the rezoning will have no effect on the public interest except that it will ensure that the City's largest private employer may continue as a permitted use rather than experience the difficulties associated with nonconforming status. Staff Report Applicant: City of Okeechobee Rezoning Petition No.: 10-003-R 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. In light of its proximity to the hospital, this location has and will continue to be appropriate for a nursing home and even commercial uses, particularly those that are associated with the medical field. Surrounding properties are all vacant suitable for commercial and other urban uses which are compatible with a nursing home. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. Continued use as a conforming nursing home will have no adverse affect upon land values or living conditions in the area. 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. Since no changes in the physical use are intended, the rezoning will result in no new need for buffering. The size of the property will provide ample opportunity for buffering should physical changes be made to the property in the future. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. The facility has been operating for over 25 years and has created no burden on the ability of public facilities to continue to provide adequate levels of service. No changes in this status are expected as a result of the rezoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The facility has been operating for over 25 years and rezoning of the property to a classification that will allow the existing nursing home use will create no additional traffic, congestion, or drainage problems and will not affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. We are aware of no special burdens that would unnecessarily restrict development on this subject property. Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10-003-R Based on the foregoing analysis, Staff recommends approval of the proposed rezoning from CPO to CHV. Submitted by: James G. LaRue, AICP August 10, 2010 Planning Board hearing: August 19, 2010 City Council Hearings: (1st) September 7, 2010 with Second reading scheduled thereafter. Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial FUTURE LAND USE Lifestyle & Healthcare Property and Environs NW 11th Street SINGLE - FAMILY ® MULTI - FAMILY 0 RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL 0 PUBLIC FACILITIES NE 11th St. c m Q M 300 0 300 600 Feet 7 ZONING Lifestyle & Healthcare Property and Environs NE 1 NW 11th Street C M H RSF1 0 RMH 0 RSF2 ® RMF CPO 300 0 300 600 Feet CLT CBD CHV IND 0 PUB s Okeechobee County Property Appraiser - Map Printed on 8/10/2010 10:55:27 AM I* Okeechobee County Property Appraiser V­­ 130 460 390 f6 W.C. 'Bill' Sherman, CFA - Okeechobee, Florida - 863-763-4422 —-------------------- -- (PARCEL: 2-09.37-35-OAOO-00010-0000 -REST HOMES (007800) 1 _l FDEPENDENT - NEWSI-AMRS OKEECHOBEEENEWS 07 5.6;- 7701 Strret, Suite D, Ol eechohrr, FI_ 3,07d (863) 763-3134 -� NOTICE OF LAND DEVELOPMENT STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director 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 .,,c�-?�`` < in the matter of ) L,.T in the 19th judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of l 1%5 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 for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this - ,day of 4--L, 1'k_ _ti. _� C 16 AD Notary Public, State of Florida at Large 140TA Y PUBLIC -STATE OF FLO10,�IDA Angie Bridges Commission # DD7797 i8 F,xpires: APR. 20, 2012 BoxDf.D "1'1jR1J ArLANTic BONDING CO, MC. REGULATION CHANGE The City of Okeechobee proposes to adopt the following ordinance: ORDINANCE NO. 1067: AN ORDI- NANCE OF THE CITY OF OKEE- CHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVEL- OPMENT' REGULATIONS, AS AMENDED, AMENDING DIVI- SIONS 7, 8 AND 10; SECTIONS 90-253, 90-283, AND 90-343; PRO- VIDING FOR SPECIAL EXCEP- TION USES OF COMMERCIAL AND INDUSTRIAL ZONED LANDS FOR PURPOSES OF NURSING HOMES; PROVIDING FOR CON- FLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The First Public Hearing on the pro- posed ordinance will be held on Tuesday, September 14, 2010 at 6:00 p.m. or as soon thereafter pos- sible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL. A copy of the agenda may be obtained from the City website www.cityofokeechobee.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 busi- ness hours, Mon -Fri, 8am=4:30pm, except for holidays. 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 meeting, or hearing will need to ensure a ver- batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommo- dation to participate in this proceed- ing should contact the Administration. Office at 863-763-3372 for assistance. Lane Gamiotea, CMC, CITY CLERK PUBLISH: 9/5/2010, Okeechobee News, • 0 L)mmT 2 ORDINANCE NO. 1067 SErr 28, 2010 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING DIVISIONS 7,8 AND 10; SECTIONS 90-253, 90-283, AND 90-343; PROVIDING FOR SPECIAL EXCEPTION USES OF COMMERCIAL AND INDUSTRIAL ZONED LANDS FOR PURPOSES OF NURSING HOMES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations within the City; and WHEREAS, although nursing homes are a defined use in Chapter 66 of the Land Development Regulations, such designation does not appear as a special exception or permitted use within the zoning ordinances of the City of Okeechobee; and WHEREAS, such use within certain zoning categories would be appropriate within the City of Okeechobee, and their location, set -backs, and other conditions can be accommodated while at the same time securing the welfare and safety of the citizens of Okeechobee through proper zoning methods, and WHEREAS, it is determined that such use is more intensive than single or multiple family uses, causes additional traffic concerns, requires additional parking, and could impact residential zoning areas adversely if not adequately addressed at the planning stage; and WHEREAS, the issue has been addressed by the Planning Board, acting as the Local Planning Agency for the City of Okeechobee, and has recommended to the City Council for the City of Okeechobee, that nursing homes would be a permitted use within a Heavy Commercial (CHV) Zoning District, by special exception; and WHEREAS, the City Council for the City of Okeechobee accepts the recommendations of the Planning Board acting as the Local Planning Agency and believes that placement of such land uses within the recommended zoning district benefits the citizens of the City of Okeechobee, and also accommodates any developers who desire to seek a development permit for such uses within the City of Okeechobee; NOW THEREFORE, be it ordained 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: Section 1. That Ordinance No. 716, Division 7, Section 90-253. Special exception uses, is hereby amended as follows: The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: No change. Nursing homes. Section 2. That Ordinance 716, Division 8, Section 90-283. Special exception uses., Language underlined is to be added. Ordinance No.1008 - Page 1 of 2 is hereby amended as follows: The following uses and structures are permitted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1)-(21) No change. Nursing homes. Section 3. That Ordinance 716, Division 10, Section 90-343. Special exception uses., is hereby amended as follows The following uses and structures are permitted in the IND district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1)-01) No change. Nursing homes. Section 4. Conflicts. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 5. Severability. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be effected thereby, but shall remain in full force and effect. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 14t' day of September, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 28t'' day of September, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. James E. Kirk, Mayor Ordinance No.1067 - Page 2 of 2 AUGUST 19, 2010 - PLANNING BOARDIBOARD Of ADJUSTMENT AND APPEALS - PAGE 3 Of 4 V. OPEN PUBLIC HEARING CONTINUED. B. Petition No.10-003-R continued. VOTE MAXWELL-YEA HOOVER -ABSENT BURROUGHS-YEA McCoy -ABSENT KELLER- YEA LUVIANO-YEA MORGAN-ASSENT BRASS -YEA SAUGHMAN -ABSENT MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Nearing on September 28, Application wig be torw+eerded in ordinance form fora gnat Public Nearing on September 28, 2010 before City Council. 0 2010 before City CouncfL C. 2010 Evaluation and Appraisal Draft of the City's Comprehensive Mr, Brisson distributed an e-mail received from Chair Maxwell of concerns to be addressed in the EAR Draft with Plan - Senior Planner. responses by Mr. Brlsson. After some discussion by the Board, Mr. Brisson stated he would incorporate the changes requested by the Board before review and consideration from City Council. Board Member Burroughs moved to recommend to City Council the EAR Proposal of the City's Comprehensive Plan for review and consideration; seconded by Board Member Brass. There was no discussion, VOTE MAXWELL-YEA HOOVER -ABSENT BURROUGHS-YEA McCoy -ABSENT KELLER- YEA LUVIANO-YEA MORGAN -ABSENT BRASS -YEA BAUGHMAN -ABSENT MOTION CARRIED. VL CLOSE PUBLIC HEARING - Chalrperaon. VII. NEW BUSINESS - Chalrperson A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. Mr. Brlsson requested the Board change permitted use to Heavy Commercial (CHV) Zoning District to allow nursing homes. After some discussion the Board decided to allow nursing homes to CHV Zoning district by special exception, Board Member Burroughs moved to recommend to City Council to allow nursing home as a permitted use in the Heavy Commercial (CHV) Zoning District as a permitted use by special exception; seconded by Board Member Keller. AUGUST 19, 2010 - PLANNING BOARDIBOARD Of ADJUSTMENT AND APPEALS - PAGE 4 Of 4 LXHIBIT 3 MPr 28, 20I0 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 SPECIAL EVENTS AND/OR, STREET AND SIDEWALK CLOSING PERMIT APPLICATION Page l of 3 Date Received: L Date Issued: Application No: Dates of Event:LO Fee: Date Paid:' Information - Organization: I Fix fis} kAe KL Tax Exempt No: Mailing Address: O 4t&het Fl- Contact Person: Tkas r E-Mail Address: Telephone: Work: 1 r Home: Cell: 34 Summary of activities: ar)n1 k,, i l .. nr nnp.c C, 41) IR nni-no,, n rP i)lr1 \lor-1 nn SOA u-'rCo . Qs �o l3A qI pm rroceeas usage:''L (' jLhAl :,/1 ,.h ✓� c 5 Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ 45 ❑ 46 OR Address of event: Parcel ID: I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. ' 1 G6 " 0 al -ju in Applicant Signature Date ""OFFICE USE ONLY**** Staff Review City Engineer: Date: a-o 1 v Fire Department: Date: 4 BuildingOfficial: ;;' Date: Public Works: Dater. Police Department: Date: 4' BTR Department: Date: p/p City Administrator: Date: n City Clerk: O' ;v r— Date: 2 o j NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Street and Sidewalk Closing submitted for review by City Council on Date Street and Sidewalk Closing reviewed by City Council and approved _ Date 0 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: o I�.I � �r u. � � , Imo. T lt}-k � +1 5�►-� C �-�, �.:v � ►tee S � �-i u.�.t1 �-(�.� ��aC �- �i E' i � s Street Address City State Zip Code Street(s) to be closed: 5 HA 4 6 Dates to be closed: SaQJ.Q Uek a 3C I�l sr Times to be closed: 9 l9 rr, Purpose of Closing: Ce ,1 on Cwyx Attachments Required: Charitable Function Street and Sidewalk Closin ► Site Plan ► Original signatures of all residents, property owners and business owners affected by the closing. ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. ►Proof of non-profit status ► If any items are being sold on City streets or /J sidewalks, a Temporary Use Permit (TUP) must b *-Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ► State Food Service License, if applicable. 1 ► State Food Service License, if applicable. �- ► State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: ► Clean up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant. DATE (MM/DDIYY OP ID D` R� CERTIFICA' ; OF LIABILITY INSURAN` A 04/28/1 PRODUCER I THIS CFRTIFICATF IS iSS1iFn AS A MATTFR nF INRn RMeTlnu SIHLE INSURANCE GROUP, INC. P. O. BOX 160398 ALTAMONTE SPRINGS FL 32716 Phone:407-869-0962 Fax:407-774-0936 INSURED First Baptist Church of Okeechobee, Inc. 401 SW 4th Street Okeechobee FL 34974 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURER A: Philadelphia Insurance company INSURER 8: INSURER C INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN K LTR ALM � INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY) POLICY DATE (MMIDDIAYYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR PHPK502091 12/01/09 12/01/10 EACH OCCURRENCE $ 1 , 00O , 00 0 PREMISES(Eaoccurence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1 , 006-1-0 0 _0 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICYFI JEcr Loc PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS PHPK502091 12/01/09 12/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 r X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEM OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below 5 TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER City of Okeechobee and The RE Hamrick Testamentary Trust 55 SE 3rd Avenue Okeechobee FL 34974 ACORD 25 (2009/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE The ACORD name and logo are reg ©1988-2009 ACORD CORPORATION. All rights reserved. marks of ACORD bpTI4 PAV-4 S-- Z 0 • LXHIBIT 4 StrT 28, 2010 ORDINANCE NO. 1068 AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY; PROVIDING THAT 7.2432 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.2432 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 10.51 PERCENT (10.51%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S. 200.065 (1); PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1: The City Council of the City of Okeechobee. Florida hereby levies a tax of 7.2432 per thousand dollar valuation on all real and personal property within the corporate limits of said City, provided however, that 7.2432 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead on the general laws of the State of Florida. Section 2: That as designated in Section 1, hereof, 7.2432 per thousand dollar valuation shall be used for general City purposes in carrying on and conducting the government of said City. Section 3: The millage rate adopted is 10.51 percent less than the roll -back rate as computed in accordance with Florida Statutes Section 200.065 (1). Section 4: That this ordinance was proposed, considered and adopted under the provisions of Florida Statues Chapter 166 and Section 200.065. Section 5: This ordinance shall take effect October 1, 2010. INTRODUCED for first reading and public hearing on the 14th day of September, 2010. James E. Kirk, Mayor ATTEST: LANE GAMIOTEA, CMC, CITY CLERK PASSED AND ADOPTED after second reading and second public hearing on the 28th day of September, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1068 Page 1 ..k- INDEPENDENT _ NEWSPAPERS C)li 1T('l l0 3FF NFWS STATE OF FLORIDA COUNTY OF OKEECHOBEE I7 St1 I7tI, Street, Suitt• D, Cal i•cltuhe FI ,F974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, ttiat the attached copy of advertisement being a in the matter oft- r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of— r r' 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- inission or refund for the purpose of securing this advertisement for publication in the said newspaper. A. Judy Kasten Sworn to and subscribed before me this _ day of _ _i-'. ( ____ AD Notary Public, State of Florida at Large , NOTARY pLTRI,TC-STATE OF II 'Clues " fission #s13:t779718 l,.TIT 20, 2012 Fxpi; es: -GONDIv EH" ATLANTIC BONDI.N6; C ),, WC. (863) 763-3134 CONSIDERATION OF C N077ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of e dda will on Tuesday, September 28, 2010 at 6:00 p.m. Or as ,r possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL con HEARING on and thereafter to consider final reading of tI finance into law: 10": AN ORDINANCE LEVYING A WHICH RATE IS SET nrY er COPY of the agenda may be obtained from the City website www, ,eechobee.com, or contact Administration, (863) 763-3372 x 212 y of the entire application(s) is available at the City Clerks Office dt dar business hours, Mon -Fri, Bam-4:30pm, except or holidays. EASE TAKE NOTICE AND BE ADVISED that if any person desires to any decision made by the City Council with respect to any matter i 'ed at this meeting, or hearing will need to ensure a verbatim recon 1100eedings is made, which record indud i es the testimony and evide the appeal to be based, City Clerk media are used for the se Of of bad k -up for the department ose accordance with the Americans with Disabilities Act (ADA) of 1990 f needing special accommodation to participate in this proceed Id contact the Administration Office at 863-763-3372 for assistance. Gamiotea, CMC, CITY CLERK • • EMIBIT 5 ,SErr 28, 2010 ORDINANCE NO. 1069 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $7,467,065.00, TRANSFER -IN OF $590,818.00 AND EXPENDITURES OF $5,312,474.00, LEAVING A FUND BALANCE OF $2,745,409.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,586,420.00, EXPENDITURES OF $771,223.00 AND TRANSFER -OUT OF $317,700.00, LEAVING A FUND BALANCE OF $497,497.00; CAPITAL IMPROVEMENT PROJECTS FUND REVENUES OF $8,145,690.00 AND EXPENDITURES OF $1,040,568.00 AND TRANSFER -OUT OF $272,618.00, LEAVING A FUND BALANCE OF $6,832,504.00; CAPITAL IMPROVEMENT PROJECTS FUND -IMPACT FEE REVENUES OF $43,779.00, EXPENDITURES OF $0.00 AND TRANSFER -OUT OF $500.00, LEAVING A FUND BALANCE OF $43,279.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $3,137.00 AND EXPENDITURES OF $0.00, LEAVING A FUND BALANCE OF $3,137.00; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1: The City Council of the City of Okeechobee, Florida, after having held a public hearing on the annual budget, including General Fund, Public Facilities Improvement Fund, Capital Improvement Projects Fund, Capital Improvement Projects Fund -Impact Fee, and Law Enforcement Special Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011. GENERAL FUND Revenues Fund Balance $2,745,409.00 Ad Valorem Taxes - 7.2432 $1,738,569.00 Other Fees $ 885,023.00 Intergovernmental Revenue $ 952,091.00 Charges for Current Services $1,061,666.00 Fines, Forfeitures and Penalties $ 30,141.00 Uses of Money and Property $ 2,000.00 Other Revenues $ 52,166.00 Total Revenues $7,467,065.00 Transfer -In from Public Facilities Improvement Fund $ 317,700.00 Transfer -In from Capital Improvement Projects Fund Impact Fee $ 500.00 Transfer -In from Capital Improvement Projects Fund $ 272,618.00 TOTAL REVENUES AND TRANSFERS $8,057,883.00 Expenditures Legislative $ 103,374.00 Executive $ 158,452.00 City Clerk $ 182,879.00 Financial Services $ 201,288.00 Legal Counsel $ 70,461.00 General Services $ 476,538.00 Law Enforcement $1,847,171.00 Ordinance No. 1069 Page 1 of 3 • u Fire Protection $1,255,849.00 Road and Street Facilities $1,016,462.00 Total Expenditures $5,312,474.00 TOTAL EXPENDITURES AND TRANSFERS $5,312,474.00 GENERAL FUND BALANCE $2,745,409.00 PUBLIC FACILITIES IMPROVEMENT FUND Revenues Fund Balance $ 939,338.00 Revenues $ 647,082.00 Total Revenues $1,586,420.00 Expenditures Total Expenditures $ 771,223.00 Transfer -Out to General Fund $ 317,700.00 TOTAL EXPENDITURES AND TRANSFERS $1 A88,923.00 PUBLIC FACILITIES IMPROVEMENT FUND BALANCE $ 497,497.00 CAPITAL IMPROVEMENT PROJECTS FUND Revenues Fund Balance $7,798,190.00 Revenues $ 347,500.00 Total Revenues $8,145,690.00 Expenditures Total Expenditures $1,040,568.00 Transfer -Out to General Fund $ 272,618.00 TOTAL EXPENDITURES AND TRANSFERS $1,313,186.00 CAPITAL IMPROVEMENT PROJECTS FUND BALANCE $6,832,504.00 CAPITAL IMPROVEMENT PROJECTS FUND -IMPACT FEE Revenues Fund Balance $ 41,769.00 Revenues $ 2,010.00 Total Revenues $ 43,779.00 TOTAL REVENUES AND TRANSFERS $ 43,779.00 Expenditures Total Expenditures $ 0.00 Transfer -Out to General Fund $ 500.00 TOTAL EXPENDITURES AND TRANSFERS $ 500.00 CAPITAL IMPROVEMENT PROJECTS FUND IMPACT FEE BALANCE $ 43,279.00 LAW ENFORCEMENT SPECIAL FUND Revenues Fund Balance $ 3,132.00 Revenues $ 5.00 Ordinance No. 1069 Page 2 of 3 Total Revenues $ 3,137.00 Expenditures Total Expenditures $ 0.00 LAW ENFORCEMENT SPECIAL FUND BALANCE $ 3,137.00 Section 2: That this ordinance was proposed, considered and adopted underthe provisions of Chapter 166 and 200.065 Florida Statues. Section 3: This ordinance shall be effective October 1, 2010. INTRODUCED for first reading and public hearing on the le day of September, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after final reading and second public hearing on the 28th day of September, 2010. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1069 Page 3 of 3 • • -"NDEPENDENT _ NEWSPAPERS OKI rCtIOI3C[ NEWSreet, Suit,' l0i �_1V. 17t1 �i-D, C11,. rhol.re, f I_��•l')74 (.'3�i3j 76i-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director 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 ._ in the matter of �: - _.,� v ✓:.! -, e, in the 1.9th 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 for publication in the said newspaper. Judy Kasten �i Sworn to and subscribed before me this --daY of _� --- AD Notary Public, State of Florida at Large a NOTARYfiLTBTJC-STATE OF T,G1�liJCi ff Cciin ,�issi0li * L 7 %9/ 18 Wires: APR, 20, 2012 BONDED THRU ATLANTIC AONDING CO,, INC. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, September 28, 2010 at 6:00 p.m. or as soon there- after possible, at City Hall, 55 SE 3rd-Ave., Okeechobee, FL conduct a PUB- LIC HEARING on and thereafter to consider final reading of the following Ordinance into law: 1069: AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FIS- CAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDIFIG SEPTEMBER 30,201 WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF ¢7,46r7,065.00, TRANSFER -IN OF $590,818.00 AND EXPENDI- TURES OF ;5,312,474.00, LEAVING A FUND BALANCE OF , $2,745,409.00; PUBLIC FACILITIES IMPROVEMENT FUND REVE- NUES OF $1,586,420.00, EXPENDTTURES OF $771,223.00 AND TRANSFER -OUT OF $317,700.00, 7,497.ROVEMLEAVING A FUND BALANCE OF 54900• CAPITAL IMPENT PROJECTS FUND REVENUES OF ;8,145,.00 AND EXPENDITURES OF $1,040,568.00 AND TRANSFER -OUT OF $272,618.00, LEAVING A FUND BALANCE OF FEE �E'V�E .0 ; OFITAL IMPROVEMENT PROJECTS FUND -IMPACT ¢``4''31 '7779.00, EXPENDITURES OF $0.00 AND TRANSFER -OUT OF aaw 00, LEAVING A FUND BALANCE OF $43 279.00• LAW ENFORCEMENT SPECIAL FUND REVENUES OF ;3,137.00 AND EXPENDITURES OF $0.00, LEAVING A FUND BAL- ANCE OF $3,137.00; PROVIDING AN EFFECTIVE DATE. A copy of the agenda may be obtained from the City website www.city- ofokeechobee.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, Bam-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter con- sidered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole purpose of back-up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the Administration Office at 863-763-3372 for assistance. Lane Gamlotea, CMC, CITY CLERK 366280 ON 9/17/10