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2012-10-16CITY OF OKEECHOBEE OCTOBER 16, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 17 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor. October 16, 2012, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Mayor Kirk called the October 16, 2012, Regular City Council Meeting to order at 6:05 p.m. Invocation to be given by Father Edward Weiss, DID, Church of Our Saviour; The invocation was offered by Council Member Williams in the absence of Father Edward Weiss, DD; Pledge of Allegiance led by Mayor. III The Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Distinguished Service Award to Eagle Scouts Matthew Saucier and Colton Brown. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mr. Colton Brown and Mr. Matthew Saucier were each presented a Distinguished Service Award, by Mayor Kirk, which read, `in recognition of your commitment to excellence and dedicated service to the community. " Mr. Saucier was present to receive the certificate on behalf of his son, Matthew, who is attending college in Tallahassee. These young men were presented their commendations for their community service projects, which involved replacing and painting the park benches within Flagler Park. The project was part of their final process in earning the prestigious Eagle Scout Award. Im AGENDA V. MINUTES - City Clerk. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 2 OF 17 COUNCIL ACTION - DISCUSSION - VOTE 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 September 25, 2012 Regular Meeting and September 25, 2012, Regular Meeting and Final Budget Public Hearing; seconded by Council Member O'Connor, Final Budget Public Hearing. There was no discussion on this item. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2012 Warrant Register: General Fund .......... ........... ........... $401,490.48 Public Facilities Improvement Fund ............... $ 11,457.37 CDBG Fund ..... ............................ $ 5,241.00 Capital Improvement Projects Fund -Impact Fee$ ....... 5,048.40 Capital Improvement Projects Fund ................. $2,461.88 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vlll. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCES - Mayor. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the September 2012 Warrant Register, in the amounts: General Fund, four hundred one thousand, four hundred ninety dollars and forty-eight cents ($401,490.48); Public Facilities Improvement Fund, eleven thousand, four hundred fifty-seven dollars and thirty-seven cents ($11,457.37); Community Development Block Grant Fund, five thousand, two hundred forty-one dollars ($5,241.00); Capital Improvement Projects Fund -Impact Fees, five thousand, forty-eight dollars and forty cents ($5,048.40); and Capital Improvement Projects Fund, two thousand, four hundred sixty-one dollars and eight -eight cents ($2,461.88); seconded by Council Member Williams. There was no 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. New Business item L was added to discuss a proposed Mosquito Control Services Contract. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 6:08 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 1092 for Council Member Watford moved to read by title only, proposed Ordinance No. 1092, for transmittal of City -initiated transmittal of City -initiated Future Land Use Map Amendments and Future Land Use (FLU) Map Amendments and set Final Public Hearing for January 15, 2013; seconded by Council set Final Public Hearing for January 15, 2013 - City Planning 11 Member O'Connor. Consultant (Exhibit 1). :AGENDAx VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 3 OF 17 - DISCUSSION ;VOTE A.1. b) Vote on motion to read by title only and set final public hearing date, VOTE for proposed Ordinance No.1092. III KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1092 by title only. Attorney Cook read proposed Ordinance No. 1092 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACTS OF LAND MORE PARTICULARL Y DESCR/BED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; REVI SING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM INDUSTRIAL TO PUBLIC FACILITIES, REVISING THE FUTURE LAND USE MAP ON CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO MULTI -FAMILY, REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM NO DESIGNATION TO SINGLEFAMILY, REVISING THEFUTURELAND USEMAP ONA CERTAIN TRACT OFLAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL TO PUBLIC FACILITIES; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve proposed Ordinance No.1092 for first hearing III Council Member Watford moved to approve the first reading for transmittal of proposed Ordinance No.1092; seconded and transmittal. by Council Member Williams. b) Public discussion and comments. Mr. Bill Brisson, City Planning Consultant appeared before the City Council to explain the proposed six FLU map amendments discussed at Planning Board workshops, as well as an unanimous recommendation of approval at their September 20, 2012 Public Hearing. The following two properties FLU classification will be changed from Single Family to Industrial; *Map ID No.12b is for a portion of Diamond R. Fertilizer properties, located at 710 Northeast 5th Avenue. The specific area being considered for changes are all of Block 52, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records, a portion of abandoned Riverside Drive (contiguous to Blocks 52 and 53), a portion of closed Northeast 6th Avenue, from 7th Street, North to the CSX Railroad; and a portion of closed Northeast 8th Street, from 4th Avenue, East to Taylor Creek and parallel with the railroad. Blocks 52 and 53 are already zoned and being used as Industrial, only the closed streets would require a rezoning, in order to have both maps consistent. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 4 of 17 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. A. 2. b) Public discussion and comments continued for proposed Ordinance *Map ID No. 12c is a vacant 0.99 acre unplatted parcel owned by William Mason and located along Northeast 9th No. 1092. 11 Street, West of Taylor Creek, East of Block 51 and North of the railroad. The property will also require a rezoning from Holding to Industrial in order to make both maps consistent. The surrounding existing uses are Industrial. The following property's FLU classification will be changed from Industrial to Public Facilities: • Map ID No.13a is the Okeechobee Utility Authority (OUA), Ground Water Treatment Plant and Wellhead Field, located at 1200 Northeast 121 Street and consists of 23.86 unplatted acres. The OUA is aware of the proposed change and stated in a letter through their attorney, Tom Conely, they have no objections. The property will also require a rezoning from Holding to Industrial in order to make both maps consistent. The following three properties FLU classification will be changed from Single Family to Multi -Family. 9 Ma ID D No. 17 is owned by Ruth G. Spradley and Gale B. Nemec, Trustees for the Nemec Children's Trust. It is a vacant 1.600 unplatted acre, triangular shaped parcel located West of Southwest 7' Avenue and North of Southwest 6t' Street and contiguous to Blocks 190 and 191, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records. Blocks 190 and 191 are already zoned Residential Multiple Family, only the 1.6 acre parcel will require a rezoning, and a FLU amendment will be considered later for Blocks 190 and 191, in order to make both maps consistent. Council Member Maxwell noted his concerns with adding almost three acres of Multi -Family classification to the existing percentage. City Planners have cautioned both the Planning Board and Council in regards to the disproportionate percentages of Multi -Family within the City. As part of the planning consistency, the City has to maintain balance of all land use categories based on the size of the City. The following property's FLU classification will be changed from no designation to Single Family; + Map ID No.18 is an unplatted 5.919 acre parcel owned by Ivan D. Doverspike, Trust, and located at 1202 Northwest 8' Avenue, (part of the abandoned railroad). This property would require a rezoning from Holding to Single Family. The existing use is a vacant two-story building with an office, enclosed storage, livestock pens, and an apartment, a livestock barn, several sets of holding pens and a small rodeo arena. The previous cattle company is no longer in business. The majority of the surrounding uses are governmental offices and single family homes. The following property's FLU classification will be changed from Commercial to Public Facilities: *Map ID No.19 is the West half of Block R of FLAGLER PARK, between Blocks 154 and 170, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records, and the Chamber of Commerce office building. Planner Brisson explained that this property was deeded to the City to be used only as a Chamber office, the FLU needs to reflect the public use. The property is already zoned Public Facilities. 10 ^�b OCTOBER 16, 2012 - REGULAR MEETING - PAGE 5 of 17 Il AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 Vill. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. A. 2. b) Public discussion and comments continued for proposed Ordinance No. 1092. c) Vote on motion. RECESS PUBLIC HEARING - Mayor. IX. NEW BUSINESS. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council asked Clerk Gamiotea whether any of the property owners had contacted the City. The Plant Manager of Diamond R Fertilizer (Map ID No. 12b) was in attendance at the Planning Board Hearing with no objections. Mr. Mason, (Map ID No. 12c), stopped in City Hall to review all the proposed changes and stated he had no objections. Trustees Ruth Spradley and Gale Nemec, (Map ID No. 17) called and stated "thank you, we like it." Most of the concerns from owners were regarding the rezonings, not the Future Land Use changes. Council Member Maxwell again noted his concerns for Map ID No. 17, as it increased the properties density and the overall impact of land use percentages of the City. He made a motion to amend proposed Ordinance No. 1092 by omitting Paragraph C (changing Map ID No. 17 from SF to MF). Motion died for lack of second. The Council did not agree as the majority of the surrounding uses were Industrial and Multi -Family. In addition, with Blocks 190 and 191 already zoned Multiple Family, it would be difficult to explain why the unplatted parcel could not be zoned the same. There being no further discussion on this subject, Mayor Kirk called for a vote to approve the first reading for transmittal to the Department of Economic Opportunity for proposed Ordinance No. 1092. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk interrupted the Public Hearing to announce that due to the lateness of the meeting, he would recess the Public Hearing in order to address New Business Item A only, then he would come back to the Public Hearing. There were no objections noted for this change. MAYOR KIRK RECESSED THE PUBLIC HEARING AT 7:25 P.M. AND RECONVENED THE REGULAR MEETING. A. Motion to award contractors for FY 2011 CDBG Housing City Grant Administrator, Nancy Phillips appeared before the Council and explained that on September 19 bids were Rehabilitation Program, Bid No. RFP ADM-05-00-09-12 - Nancy received for seven housing projects; five are housing rehabilitation projects, two are demolition/replacement projects. Phillips (Exhibit 3). Six contractors submitted bids. The City's Housing Assistance Plan program guidelines provides that bids should be awarded to the lowest bidder, who is within 15 percent of the below and above the cost estimate. OCTOBER 16, 2012 -REGULAR MEETING -PAGE 6 OF 17 10, II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. A. Motion to award contractors for FY 2011 CDBG-HR Program, Bid No. RFP ADM-05-00-09-12 continued. As well, each contractor must satisfactorily complete one job through the CDBG-HR before receiving any additional contracts. Due to these requirements, the projects are being recommended for award in a manner that is most cost- effective to the program and not necessarily to the apparent low bidder. The Cebrena Thomas project will need to be awarded at a later date as the recommended contractor will have to finish a previously awarded project. Finally, the bid for the Maria Gomez project will need to be rejected as the applicant no longer meets the requirements for the grant. Mr. Harry Schock and his wife were in attendance, and wished to thank the Council for their endeavors on being awarded the housing grant, which is allowing them an opportunity to fix their home. Council Member Watford moved to award Bid No. RFP 05-00-09-12 for the Fiscal Year2011 Community Development Block Grant -Housing Rehabilitation Program [No.11 DB-05-07-57-02-H-08], as presented in Exhibit Three (and listed below), deferring the Cebrena Thomas bid award for a later date and rejecting the bid for Maria Gomez; seconded by Council Member Williams. Contractor McHaffey Construction Clean Cuts, LLC Neal Long Construction Platinum Performance Builders White Sands Construction KIRK - YEA WATFORD - YEA Project Owner Patricia Anderson Gloria Goulette Henrietta Ridley Harry Schock Marilyn Smith Project Location 912 NW 12' Street 809 SE 9`h Court 1609 NW 7' Avenue 1805 NW 71h Avenue 512 SE 10`h Avenue MAXWELL - YEA WILLIAMS - YEA Project Amount $44,075.00 $56,700.00 $29,800.00 $49,300.00 $76,900.00 O'CONNOR - YEA MOTION CARRIED. Vill. RECESS REGULAR MEETING AND RECONVENE PUBLIC HEARING FOR III MAYOR KIRK RECESSED THE REGULAR MEETING AND RECONVENED THE PUBLIC HEARING AT 7:28 P.M. FIRST READING OF ORDINANCES - Mayor. B. 1. a) Motion to read by title only and set January 15, 2013 as a final Council Member Watford moved to read by title only, and set January 15, 2013, as a final public hearing date for public hearing date for proposed Ordinance No. 1093, City -initiated proposed Ordinance No. 1093, City -initiated Rezonings; seconded by Council Member O'Connor. Rezonings - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. III VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 7 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vlll, PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 1093 by title only. Attorney Cook read proposed Ordinance No. 1093 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE, BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARL YDESCRIBED HEREIN, FROM HOLDING TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1); FROM HOLDING TO INDUSTRIAL (1ND); FROM HOLDING TO PUBLIC FACILITIES (PUB); FROM HOLDING TO HEAVY COMMERCIAL (CHI); AND FROMHOLDING TO RESIDENTIAL MULTIPLE FAMILY (RMF); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve first reading of proposed Ordinance No. 1093. Ili Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1093; seconded by Council Member Williams. b) Public discussion and comments. Planner Brisson appeared before the Council, outlining each parcel that is being considered for rezoning. These rezonings stem from the Comprehensive Plan Evaluation and Appraisal Report (EAR), adopted by the City Council last year. This report denoted the number of inconsistent zonings when compared to the Future Land Use Map and that within the coming year the City would address these issues. The first areas Planning Staff is recommending the City address are the properties currently zoned "Holding." As of October 6,1998 there were no longer regulations for this zoning district. The Planning Board is unanimously recommending approval. All the property owners were mailed a certified letter explaining the proposed changes and that any questions regarding their taxable value or agriculture exemption status needed to be addressed with the Property Appraiser's Office. The properties had a sign posted on them and all surrounding owners within 300 feet were notified as well. The zoning for the following described properties, are being considered to be changed from Holding to Residential' Single Family -One, based on and as recommended by the Planning Staff Report findings. The FLU is already Single Family, excluding Map ID No. 18: Map ID No.1 properties are all located in City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County, public records and listed as: * Ivan D. Doverspike, Trust, located at 1202 Northwest 13th Street owns Lots 1 to 12, inclusive of Block 7, Lots 1 to 6 are vacant; there is a residence on Lots 7 to 12. •Fort Drum Corporation, owns Lots 1 to 26, inclusive of Block 8, all of which is vacant improved pasture land and located between Northwest 13th and 14th Streets. • Ivan D. Doverspike, Trust, owns Lots 1 to 6 of Block 10; it is vacant and located along Northwest 131 Street. *Shirley Johnson owns Lots 7 and 8 of Block 10 which has two residences and a quad-plex, and is located at 810 Northwest 12" Street. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 8 OF 17 I) AGENDA III COUNCIL ACTION - DISCUSSION - VOTE N VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. B. 2. b) Public discussion and comments continued for proposed Ordinance •Willa M. Hickson owns Lots 9 and 10 of Block 10; it has a residence and is located at 806 Northwest 12" Street. 1093. *Anita Leverette owns Lot 11 of Block 10; it has a residence and is located at 804 Northwest 12`h Street. *Jimmie L. Potts owns Lot 12 of Block 10, it has a residence and is located at 800 Northwest 12" Street. •Suzette Quarles and Charlotte Harris owns vacant Lot 1 of Block 23 located at 1109 Northwest 8' Avenue. *Joe N. and Johnny L. Brown own vacant Lot 2 of Block 23 located at 803 Northwest 12h Street. *Suet Fong Tsang and Andre Bargel, own vacant Lot 3 of Block 23 located along Northwest 12" Street. *Habitat for Humanity owns vacant Lot 4 of Block 23, located along Northwest 12' Street. *Shirley R. Johnson owns vacant Lots 5 and 6 of Block 23, located at 1110 Northwest 9`h Avenue. •Gloria R. and Mary D. Brown owns vacant Lot 7 of Block 23 located at 1100 Northwest 9`h Avenue. *Mary L. Wright owns Lot 8 of Block 23, it has a residence and is located at 808 Northwest 11' Street. • Bruce and Pamela Snell own Lot 9 of Block 23, it has a residence and is located at 806 Northwest 11 ' Street. *Sharon Johnson owns Lot 10 of Block 23, it has a residence and is located at 804 Northwest 11" Street. *Shirley Johnson owns Lot 11 of Block 23, it has a residence and is located at 802 Northwest 11' Street. *Robbie L. Ridley owns Lot 12 of Block 23, it has a residence and is located at 800 Northwest 11' Street, Map ID No. 2 properties are all located in the Northwest Addition subdivision, Plat Book 1, Page 25, Okeechobee County public records, the entire block is vacant, and listed as: *Janet Mays and Rob Bentz own Lots 1 to 18 and the West half of 19 of Block 13, located between Northwest 71' Court to Vh Street. *George W. and Carol H. Moore own Lot 20 and the East half of 19 of Block 13, located at Northwest 7#h Court and 10' Avenue. Map ID No. 3 is owned by Dowling R. Watford, Trustee, for Lots 1 to 26, inclusive of Block 68, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records. The entire block is vacant. Map ID No. 4 addresses three improve pasture land parcels and two owners. Frank Altobello Charitable Remainder Trust III owns two of the unplatted parcels, one being 9.890 acres, located South of Southwest 2' Street; and the other is 9.120 acres, located North of Southwest 6th Street. Montebello 13, LLC owns the third parcel consisting of 13.3210 unplatted acres located between Southwest 6`h and 9`h Streets. There is livestock on these parcels. Map ID No. 5 has two parcels, they are owned by three sisters, Madonna L. Arnold, Melissa Bryant and Laura Graisbery. The first one contains 1.725 unplatted acres located at 517 Southwest 21" Street, which has two homes located on it. The other is a 12.210 unplatted acre pasture, located South of Southwest 21"' Street, with livestock. 4f0 OCTOBER 16, 2012 - REGULAR MEETING - PAGE 9 OF 17 ii AGENDA COUNCIL ACTION -DISCUSSION -VOTE Vill. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. B. 2. b) Public discussion and comments continued for proposed Ordinance III Map ID No. 6 is owned by Frank Altobello, Trustee, and consists of 32.8 unplatted acres located South of Southeast 1093. 8" Street and along the West side of Taylor Creek. The existing use is improved pasture land with livestock. Map ID No. 7 is owned by Inland American ST Florida Portfolio JP3, LLC (Suntrust Bank), which consists of 2.210 unplatted acres located behind 815 South Parrott Avenue. The parcel is an extension of the existing bank property. The drive-thru tellers used to be located on this parcel. Map ID No. 8 is owned by William G. and Glenda Carver and is their residence, located at 1105 Southeast 91h Drive. The parcel contains 2.0 unplatted acres. Map ID No. 9 consists of two parcels, both owned by Wayne and Bonnie Thomas. One parcel, located at 802 Southeast 10th Avenue, is 4.710 acres and is where their home is located. The other parcel, is the East contiguous 9.5 unplatted acres, which is being used for livestock. Map ID No.10 is owned by Ricky and Bunny Lightsey and consists of 0.490 unplatted vacant acres located between Block 116 and Taylor Creek. Map ID No.11 is owned by Javier Ordenez, and consists of 51.190 unplatted acres located East of Taylor Creek and South of CSX Railroad. The current use is improved pasture land, it has livestock on it from time to time. Correspondences were received from Nikki Eskow, Regional Manager of CSX, Mr. Craig and Mr. Todd Chambers, both of whom own property within the City Commerce Center, and an appearance by Mr. Kay, of 403 Northeast 9' Avenue at the Planning Board Meeting, all of whom stated their objections to the RSF-1 zoning due to the properties proximity of the railroad and existing industrial uses. Map ID No. 12a is owned by Dale S. and Martha A. Reiss, located at 649 Northeast 611 Street, the portion being considered for rezoning is the unplatted parcel located between Block 82 and Taylor Creek. The existing use is a residence. Map ID No.14 consists of several lots within Blocks 32 and 35, all located in the City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, all the properties are vacant and listed as: •Baku) K. and Hina R. Patel own Lots 8 to 11 of Block 32, located along Northeast 10th Street. *William Mason owns Lots 12 and 13 of Block 32, located at Northeast 111h Street and 3`d Avenue. *Abdul-Khuddus and Parveen Syed owns Lot 20 and the West 5 feet of 21, located along Northeast 10th Street. AGENDA VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 10 OF 17 COUNCIL ACTION - DISCUSSION - VOTE B. 2. b) Public discussion and comments continued for proposed Ordinance *Mark E. Barwick owns Lots 22 to 25, less the West 5 feet of 21, located along Northeast 9th Street. 1093. III • Dean and Carl Weidling own Lots 1 to 6 and 24 to 26 of Block 35, located along Northeast 9" and 10' Streets. *Carl P. Weidling, III owns Lots 20 to 23 of Block 35, located along Northeast 9th Street. Map ID No. 15: consists of several Lots within Blocks 1, 2, 15 and 16, all located in the City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, all the properties are vacant, located along Northeast 12th, IS' and 141 Streets, and listed as: *Suraia Husain, Trustee owns Lots 1 to 4 of Block 1; Lots 6 and 21 to 26 of Block 2; Lots 1 to 4, 25 and 26 of Block 15; and all of Block 16. •Muzaffar Husain, Trustee owns Lots 5 to 8 of Block 1; Lots 1 to 5 of Block 2; and Lots 5 to 6, 21 and 22 of Block 15. • North American Islamic Trust owns Lots 7, 8, 23 and 24 of Block 15. Map ID No.18 is owned by Ivan D. Doverspike, Trust, located at 1202 Northwest 8" Avenue. The unplatted 5.919 acres has a barn with an apartment and office as well as a small rodeo arena. This parcel was discussed during proposed Ordinance No.1092 and has a pending FLU map amendment. The rezoning for the following properties, are being considered to be changed from Holding to Industrial, based on and as recommended by the Planning Staff Report findings. Map ID No.12b is owned by Diamond R. Fertilizer located at 710 Northeast 51' Avenue. The area being considered for rezoning is the closed streets contiguous to Blocks 52 and 53, specifically, a portion of abandoned Riverside Drive, a portion of closed Northeast 6' Avenue, from 7' Street, North to the CSX Railroad and a portion of closed Northeast 8' Street, from 4' Avenue, East to Taylor Creek and parallel with the railroad. This parcel was discussed during proposed Ordinance No.1092 and has a pending FLU map amendment. Map ID No.12c is a vacant 0.99 acre unplatted parcel owned by William Mason. It is located along Northeast 911 Street, West of Taylor Creek and East of Block 51. This parcel was discussed during proposed Ordinance No.1092 and has a pending FLU map amendment. Map ID No.13b is a vacant 0.36 acre unplatted parcel owned by Recycling Concepts, LLC. It is located North of CSX Railroad and West of Northeast 12" Avenue (East City Limits). The FLU is already Industrial. 0 OCTOBER 16, 2012 - REGULAR MEETING - PAGE 11 of 17 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE it Vill. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. B. 2. b) Public discussion and comments continued for proposed Ordinance111 The rezoning for the following property is being considered to be changed from Holding to Public Facilities, based on 1093. and as recommended by the Planning Staff Report findings: Map ID No.13a is the OUA, Ground Water Treatment Plant and Wellhead Field, located at 1200 Northeast 12" Street and consists of 23.86 unplatted acres. This parcel was discussed during proposed Ordinance No. 1092 and has a pending FLU map amendment. The rezoning for the following property is being considered to be changed from Holding to Heavy Commercial based on and as recommended by the Planning Staff Report findings: Map ID No. 16 consists of Lots 9 and 10 of Block 15, City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, and owned by the North American Islamic Trust, Inc. located along on Northeast 131' Street. The existing use is vacant. The current FLU classification is Commercial. The rezoning for the following property is being considered to be changed from Holding to Residential Multiple Family, based on and as recommended by the Planning Staff Report findings: Map ID No. 17 is owned by Ruth G. Spradley and Gale B. Nemec, Trustees for the Nemec Children's Trust, it is a vacant 1.600 unplatted acre, triangular shaped parcel located West of Southwest 71' Avenue and North of Southwest 6"' Street, contiguous to Blocks 190 and 191, City of Okeechobee. This parcel was discussed during proposed Ordinance No. 1092 and has a pending FLU map amendment. Mayor Kirk asked whether there were any questions or comments from the public. There was a lengthy discussion between the Council, Planning and City Staff, several property owners in attendance and about whether the City should allow the Holding zonings to continue so not to jeopardize anyone's agriculture exemption status. There was quite the discussion and confusion on properties that have an agriculture use verses an agriculture exemption. The City Council has always allowed agriculture uses, regardless of the zoning, as that is the heritage and main revenue source of Okeechobee. Many 4-H and FFA students live within the City -These students raise various types of show livestock and as long as the neighbors are not impacted by health hazards or other nuisances by the animals, they are allowed. When an owner can meet the statutory requirements, regulated by the Property Appraiser, they can obtain an agriculture exemption on their property assessments. Most of the large parcels considered within this ordinance have an agriculture exemption and agriculture use. OCTOBER 16,2012 - REGULAR MEETING - PAGE 12 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. B. 2. b) Public discussion and comments continued for proposed Ordinance Council Member Watford moved to amend proposed Ordinance No. 1093, by returning it to the Land Planning Agency 1093. with the recommendation to create a holding category to include light agriculture and to request that they give these property owners the opportunity to choose either the Holding or the appropriate zoning. The motion to amend was then withdrawn from the floor as the Council considered it better to start the entire matter over with additional instruction. Mayor Kirk called for a vote to approve the first reading of proposed Ordinance No. 1093. c) Vote on motion, VOTE KIRK - No MAXWELL - No O'CONNOR - No WATFORD - No WILLIAMS - No MOTION DENIED. ow Discussion regarding additional instructions due to proposed Council Member Watford moved to send theproposed rezonings back to the Land Planning Agency (Planning Board), that they consider a recommendation to create a Holding zoning category to include light agriculture Ordinance No. 1093 being voted down. uses, that they give the effected property owners an opportunity to either remain at Holding or choose the appropriate zoning; seconded by Council Member O'Connor. In response to Council Member Maxwell's question of whether this course of action would necessitate the City to create a Holding FLU classification, Planner Brisson responded, to keep the Holding zoning district, we would need to add the wording in the Comprehensive Plan. The Council was clear that they are not wanting to create a Holding FLU classification, nor a means to change the FLU map to Holding. What they want addressed are issues such as the Holding zoning allowing light agriculture uses and that this zoning is allowed within certain FLU categories. The Planning Board will need to ensure they review all the FLU categories so not to exclude any that are already in use, as there may be other FLU categories that will require Holding zoning and/or light agriculture uses addressed. In addition, the Planning Board should consider amending the Zoning District categories and create regulations for a Holding zoning, using the previously adopted "oran-ge book" as a guide. They should also look at adding light agriculture uses in other Permitted Principal Uses for other Zoning Districts as the City allows this use. Council Member Maxwell also asked whether addressing the issues in this manner still meet the purpose of the EAR? Mr. Brisson replied, essentially yes, as the purpose of the EAR, was to make the Comprehensive Plan and Zoning complimentary. Council Member Watford asked Attorney Cook whether he needed to abstain from voting since he is a Trustee of one of the subject properties. Attorney Cook replied he did not think so as it is not a personal gain. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 0 OCTOBER 16, 2012 - REGULAR MEETING - PAGE 13 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. o' Discussion regarding additional instructions due to proposed The Council then turned the discussion to the properties that were addressed in proposed Ordinance No. 1092, the Ordinance No.1093 being voted down continued. FLU changes, as these need to have their rezonings considered. Council instructed Staff to prepare a new ordinance, necessary advertisements and notifications to address the five properties, Map ID No. 12b,12c, 13a, 17 and 18, and set it for first reading at either the November 13 or December 4 meeting, keeping the January 15, 2013, final hearing date. CLOSE THE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 8:04 P.M. IX. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No. 1094 and set Council Member Watford moved to read by title only, proposed Ordinance No. 1094 and set November 13, 2012, as November 13, 2012 as a final public hearing date, LDR a final public hearing date, LDR Amendments; seconded by Council Member O'Connor. Amendments - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1094 by title only. Attorney Cook read proposed Ordinance No. 1094 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OFORDINANCES SECTIONS 90-572(a)(1) BYCHANGING THE METHOD FOR CALCULATING THEAMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH SINGLE BUSINESS OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1094; seconded by Council 1094. Member Watford. b) Discussion. Planner Brisson provided the purpose for the changes to the sign regulations, as initiated by McDonalds. The amendment reflects. 90-572(a)(1) The total area of all building signs for an enterprise shall not exceed One one 1 square foot of sign face area for each linear foot ofpropedy along the front of the lot. - the building width that faces the, feet front of the lot (for example, if the width of the building I'ming the front of the lot is 50 wide the maximum btal-s* For the purpose of this section, the front of the lot is that side upon which the property is addressed. This change is consistent with other provisions of the sign regulations and will be easier for Staff to administer. The Planning Board voted unanimously to recommend approval. AGENDA IX. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion for proposed Ordinance No.1094. C. Motion to adopt proposed Resolution No.12-09, City Government Week - City Clerk (Exhibit 5). D. Motion to adopt proposed Resolution No.12-10, Construction Agreement with FDOT - City Administrator (Exhibit 6). E. Motion to adopt proposed Resolution No.12-11, regarding Amendment 4 - City Administrator (Exhibit 7). KIRK - YEA WATFORD - YEA OCTOBER 16, 2012 - REGULAR MEETING - PAGE 14 OF 17 COUNCIL ACTION - DISCUSSION - VOTE MAXWELL- YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to adopt proposed Resolution No. 12-09, City Government Week; seconded by Council Member Watford. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 12-09 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITYGOVERNMENT WEEK, OCTOBER 21 THROUGH 27, 2012, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 12-10, Construction Agreement with Florida Department of Transportation (relating to CDBG-ED No.12DB-OH-07-57-02-E08, constructing turn lanes on North Park Street, a/k/a State Road 70 East, between Southeast 101 to 131 Avenues); seconded by Council Member Williams. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 12-10 by title only as follows "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING THE CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENTS; PROVIDING FOR SEVERAB/LITY; PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 12-11 regarding Amendment 4; seconded by Council Member O'Connor. There was a lengthy discussion on this item, with Council Member Maxwell noting his concerns and objections to its adoption. Ry AGENDA IX. NEW BUSINESS CONTINUED. E. Motion to adopt proposed Resolution No. 12-11, regarding Amendment 4 continued. F. Consider a Temporary Street Closing Application submitted by First Baptist Church to close Southwest 6" Avenue between North and South Park Streets on October 31, 2012 for a Community -wide "Trunk -or -Treat" event - City Administrator (Exhibit 8). G. Consider a request to change the date from November 10, 2012 to November 17, 2012 on a previously approved Temporary Street Closing Application that was submitted by First Baptist Church for its Annual Flag Football Awards Day - City Administrator (Exhibit 9). OCTOBER 16, 2012 - REGULAR MEETING - PAGE 15 OF 17 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 12-11 by title only as follows "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATEADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA MAXWELL - NO O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to approve a Temporary Street Closing Application submitted by First Baptist Church to close Southwest 6t" Avenue between North and South Park Streets on October 31, 2012, for a Community - wide "Trunk -or -Treat" event; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve a request to change the date from November 10 to 17, 2012, on a previously approved Temporary Street Closing Application that was submitted by First Baptist Church for its Annual Flag Football Awards Day; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Consider Temporary Street Closing Application submitted by Council Member O'Connor moved to approve a Temporary Street Closing Application submitted by Central Elementary Central Elementary School to close SW 5" Avenue between SW 6" School to close Southwest 5" Avenue between Southwest 6" and 7" Streets on November 2, 2012, from 4:00 p.m. Street and SW 71" Street on November 2, 2012 from 4:00 p.m. - to 8:30 p.m. for a Family Festival; seconded by Council Member Watford. There was a brief discussion on this item. 8:30 p.m. for a Family Festival - City Administrator (Exhibit 10). KIRK - YEA WATFORD - YEA MAXWELL- YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED, OCT06ER 16, 2012 - REGULAR MEETING - PAGE 16 of 17 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. Consider Citizen Board Appointments - City Clerk (Exhibit 11) J. Motion to approve a contract for Building Official and Inspection Services with JC Newell & Associates - City Administrator (Exhibit 12). K. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,800.00 for the annual mapping services - City Administrator (Exhibit 13). Council Member Watford moved to appoint Mr. Noel Chandler as a Regular Member to the Okeechobee Utility Authority Board, term ending March 1, 2013, (replacing Randy Huckabee); seconded by Council Member O'Connor. KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to approve a contract for Building Official and Inspection Services with JC Newell and Associates (effective November 1, 2012); seconded by Council Member Williams. Administrator Whitehall was notified by Mr. Ray Schaub, who currently has the contract for building official services, of his need to end his contract. He is downsizing to spend more time with his family. Mr. Newell works for Mr. Schaub, and at the City three days a week, therefore he is already acquainted with everyone and the system. Mr. Schaub is recommending the City enter into a contract directly with Mr. Newell. It was also noted that the current building permit rate schedule was attached to the contract for reference. The City does not have an adopted fee schedule as it has always been established by the contracted provider. The fees are remaining the same. KIRK - YEA WATFORD - YEA MAXWELL- YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,800.00 for the annual mapping services; seconded by Council Member Watford. KIRK - YEA WATFORD - YEA VOTE MAXWELL- YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. E47 AGENDA IX. NEW BUSINESS CONTINUED. OCTOBER 16, 2012 - REGULAR MEETING - PAGE 17 OF 17 COUNCIL ACTION - DISCUSSION - VOTE ITEM ADDED TO THE AGENDA: L. Motion to piggyback on Clewiston's Council Member Williams moved to piggyback on the City of Clewiston's Mosquito Control Contract, retaining Fleming Mosquito Control Contract with Fleming Pest Management, to conduct an Pest Management, for up to $2,000,00, to conduct a one-time adult mosquito insecticide application; seconded by adult mosquito insecticide application - City Administrator (Exhibit 14). 1 Council Member O'Connor. There was a brief discussion on this item. IX. ADJOURN MEETING - Mayor. 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: Lane Gamiotea, CMG, City Clerk James E. Kirk, Mayor VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Meeting at 8:36 p.m. The next regular scheduled meeting is November 13, 2012, at 6:00 p.m. *"W NEEPENDENT _ � NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite U, Okeechobee, FL 34974 (863) 763-3134 0 STATE OF FLORIDA 1 l� uRik COUNTY OF OKEECHOBEE x 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, Fl ada, that the attached copy of advertisement being a C 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 {3- 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 poste 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 afiant 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 advertisemen publication in the said newspaper. ._.... ___ ..-.............. _____ Tom Byrd Sworn to and subscribed before me this —day of L' �.L AD Notary Public, State of Florida at Large C17Y COUNCIL MEETING NOTICE AND PUBLIC HEARING PDR COMPREHENSIVE PLAN FUTURE LAND USE MAPAMENDMENTSAND REZONI1, NOTICE IS HEREBY GNEN that the City Council of the City of Okeecho will meet N Rular Session on Tuetda October 16, 2012 at 6: l at City l be Hall, at this rne9?one to consider six Comprehensive n Future Land Use Map Amendments, the other to consider 21 Rezonings, II initlated by the City and reaommended by the Manning Board. Sppeeccific m. mwtion, maps and agenda are available on the website, cityofokeecho .con, Or Contact City Clerk's Office 863-763-3372. The public is invite nd ed to attend. P TAKE NOTICE AND BE ADVISED that no stenographic record by a fled Court reporter WIN be made of the foregoing meeting. Accordingly, rly o who may seek to appeal any decision involving the matters. no - herein will be responsible for maltinn9 a verbatim record of the testime- y and evidence. at said meeting upon which any ap al is to be based, in cnrdance with the Amerkans with Disabilities Act (ADA) of 1990 person cedingspedaI accommodation ho partlapate in this proceeding should con fhe City Uerk''s Ofnce at 863-763 3372 for assistance. limes E. Kirk, Mayor .Lane Gamkitea, CMC, City Clerk 28598 ON 10(12/2012 ANGIE BRIDGES w COMMISSION EE 177653 EXPIRES: Apn120, 2016 BoAM Tlw Notary Public Underwriters CITY OF OKEECHOBEE OCTOBER 16, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA Al 6, 4,1, � CALL TO ORDER - MAYOR: October 16, 2012, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Ed- , 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 City Clerk Lane Gamiotea ,/' Deputy Clerk Melisa Jahner ✓ Police Chief Denny Davis Fire Chief Herb Smith v-' Public Works Director David Allen IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Distinguished Service Award to Eagle Scouts Matthew Saucier and Colton Brown. t A0 PAGE 1 OF 4 a October 16, 2012 PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 25, 2012 Regular Meeting and Final Budget Hearing. Lit l � � c tt-A, VI. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2012 Warrant Register. General Fund $401,490.48 Public Facilities Improvement Fund $ 11,457.37 CDBG Fund $ 5,241.00 Capital Improvement Projects Fund -impact Fee $ 5,048,40 Capital Improvement Projects Fund $ 2,461.88 VII. AGENDA - Mayor. A. Requests for the a dition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCES - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1092 for transmittal of City -initiated Future Land Use Map Amendments and set Final Public Hearing for January 15, 2013 - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. /I'? C.- c) City Attorney to read proposed Ordinance No.1092 by title only. 2.a) Motion to approve proposed Ordinance No.1092 for first hearing and transmittal. b) Public discussion and comments. c) Vote on motion. October 16, 2012 PAGE 3 of 4 VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. B.1.a) Motion to read by title only and set January 15, 2013 as a final public hearing date for proposed Ordinance No. 1093, City -initiated Rezonings -City Planning Consultant (Exhibit 2). i 1'C b) Vote on motion to read by title only and set final public hearing date. Avp c) City Attorney to read proposed Ordinance No. 1093 by title only. 2.a) Motion to approve first reading of proposed Ordinance No. 1093. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING. /7: 5 1 : IX. NEW BUSINESS. A. M� to � ar contractors for FY 2011 CDBG House Rehabilitation Program, Bid No. RFP ADM-05-00-09-12 - Nancy Phillips (Exhibit 3). iC, B.1.a) Motion to read by title only proposed Ordinance No. 1094 and set November 13, 2012 as a final public hearing date, LDR Amendments - City Planning Consultant (Exhibit 4). ,Q,(1 f-}U b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1094 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1094. b) Discussion. c) Vote on motion. C_' October 16, 2012 PAGE 4 of 4 IX. NEW BUSINESS CONTINUED. C Motion to adoptproposed Resolution No. 12-09, City Government Week - City Clerk (Exhibit 5). D. Motion to adopt propos Resolution No. 12-10, Construction Agreement with FDOT - City Administrator (Exhibit 6). AI � elj &J, E. Motion to adopt proposed Resolution No. 12-11 regarding Amendment 4 - City Administrator (Exhibit 7). , n D F. Consider a Temporary Street Closing Application submitted by First Baptist Church to close SW 6th Avenue between North and South Park Streets on October 31, 2012 for a Community -wide "Trunk -or -Treat" event - City Administrator (Exhibit 8). I1?.0, ,(QW'I."�' G. Consider a requestrochange the date from November 10, 2012 to November 17, 2012 on a previously approved Temporary Street Closing Application that was submitted by First Baptist Church for its Annual Flag Football Awards Day - City Administrator (Exhibit 9). , 1 ''M . /-4 C-) H. Consider Temporary Street Closing Application submitted by Central Elementary School to close SW 5' Avenue betw'eSW 6ch Street and SW 7`h Street on November 2, 2012 from 4:00 p.m. - 8:30 p.m. for a Family Festival -City Administrator (Exhibit 10).'Lo &Ji at-0 � �''a - I. Consider Citizen Board Appointments Cit Clerk (Exhibit 11). �� ✓� / ( %'�I �'J J. Motion a pr �e apontract for Building Official and Inspection Pervices with JC Newell & Associates - City Administrator (Exhibit 12). c7xK. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,800.00 for the annual mapping services - City Administrator (Exhibit 13). X. ADJOURN MEETING. ��' L-- 1'(,�� L � , �IL( ?ice ci/ .�i fit 6 Iry) PLEASE TAKE NOTICE AND BE ADVISED that if/any person desires to appeal any decision made by the City Coun ' with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. 0 IN 1= ctj� c�/l F 14 F A44 z&a Zc-1-6k (y lu-1 PF) Z4ji C j � F�� CU ram'ALI F � � F Pat tp-( F �u _Oatl.2 J-4 Af 01 low I�xyv- lo/ #-/f / , 4 e?x wl� � X0 14 a,� e-ruAA� P 4 c� �r: Ow tai 'LAIL a,7 4:7f Ao - 9A k4i vk AAAtz I�iv �l C/-, I�Jla-4j Ld/ I -14- AD — Office of the Mayor City of Okeechobee, Florida Presented to Colton Brown in recognition ofyour Commitment to Excellence and Dedicated Service to the Community "Pride is a personal commitment, it is an attitute which separates excellence from mediiocrity." In witness whereof, on October 16, 2012, I have hereunto set my hand and . `cd sed this seal to be affixed. laMfs E. Kirk, Mayor ATTEST. L' ."U/ Yb6V (, cam-" Lane G miotea, City Clerk Office of the Mayor City of Okeechobee, Florida Presented to In recognition ofyour Commitment to Excellence and Dedicated Service to the Community "Pride is a personal commitment; it is an attitute which separates excellence from mediiocrity." In witness whereof, on October 16, 2012, 1 have hereunto set my hand and caused this seal to be aff" ed. �l J mes E. Kirk, Mayor n ATTEST.•! r{ Lan Gamiotea, City Clerk Melisa Jahner From: John Wilson <jawilson@bsamail.org> Sent: Sunday, September 30, 2012 7:11 PM To: Melisa Jahner Cc: jrnaborhood@yahoo.com Subject: RE: City Council Meeting Info Hello Melisa. Hope you had a nice weekend? The information I have for the two young men is as follows: Matthew W.R. Saucier (Eagle Scout) Currently attending his first year of college in North Florida. Matt's project involved the cleaning, repair and painting of all of the concrete tables & benches ( newspaper many of which were decades old) in Flagler Park. Their were approximately 7 youth (other Eagle Scouts) and 4 adults who participated in the project. Companies who donated supplies were the City of Okeechobee, Burgess Supply Company & Home Depot. Note: the City of Okeechobee provided a City Fire Truck and driver to assist with the pressure cleaning of the concrete benches. Colton Brown (Eagle Scout rank pending final review). Currently attending Okeechobee High School. Colton's project involved the cleaning, repair and replacement of pressure -treated wood in the cast iron benches in Flagler Park. All of the benches wre removed from their concrete bases, cleaned and reinstalled with the new P.T. wood. Approximately 10 youth and 4 adults participated & assisted in the project. Supplies were provided by the City of Okeechobee. Also, the following is some of the language that is typically inserted into the press release for the new Eagle Scout newspaper announcement: If the certificate presenter has the time, he may want to add some of this text to his "speech"? Each candidate must earn 21 merit badges and successfully complete a community, church, or synagogue -related service project to earn his Eagle Scout rank. Other out -standing American citizens who have become Eagle Scouts, are former President Gerald R. Ford, Jr., 32 astronauts, including James Lovell and Neil A. Armstrong, head of the F.B.I. William Sessions, and Robert M. Gates, former Director, CIA. Other notable Eagle Scouts include Walter Cronkite, Steven Spielberg and Hank Aaron. The title of Eagle Scout is held for life, giving rise to the phrase "Once An Eagle, Always An Eagle". Hope i did not overload you with info? Please let me know if you need anything else. Yours In Scouting, John A. Wilson Big Lake District Professional GULF STREAM COUNCIL BOY SCOUTS OF AMERICA 8335 North Military Trail Palm Beach Gardens, FL 33410 863.532.8397 - Cell 561.694.8585 - Office 561.694.9050 - Fax www.GulfStreamCouncil.org I From: Melisa Jahner [mjahner@cityofokeechobee.com] Sent: Wednesday, September 26, 2012 9:32 AM To: John Wilson Subject: RE: City Council Meeting Info Good day to you also, Mr. Wilson, I will be waiting on the information. Melisa Jahner, CIVIC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E-Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. -----Original Message ----- From: John Wilson [mailto:iawilson@bsamail.orgl Sent: Tuesday, September 25, 2012 8:55 PM To: Melisa Jahner Subject: RE: City Council Meeting Info Greetings and Salutations Ms. City Hall Lady!!!! Obviously received your message and thereby my response. I will get the info back to you tomorrow night and in the meantime, hoping that you have a great day tomorrow. Thank you..... John A. Wilson Big Lake District Professional GULF STREAM COUNCIL BOY SCOUTS OF AMERICA 8335 North Military Trail Palm Beach Gardens, FL 33410 and 863.532.8397 - Cell 561.694.8585 - Office 561.694.9050 - Fax www.GulfStreamCouncil.org<https://webmail.netbsa.org/exchweb/bin/redir.asp?U RL=http://www.gulfstreamcouncil.org/> From: Melisa Jahner [mjahner@cityofokeechobee.com] 2 Sent: Tuesday, September 25, 2012 P3026 AM ...r To: John Wilson Subject: City Council Meeting Info Good Morning John, Please forward me the information regarding the two scouts and their achievements. Melisa Jahner, CIVIC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E-Mail Address is Public Record and Governed By: the State of Florida, Public Records Law.= EM Robin Brock From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Wednesday, January 25, 2012 2:37 PM To: Mayor James Kirk; 'Clayton Williams'; 'Dowling Watford'; 'Devin Maxwell' Cc: 'Robin Brock' Subject: park benches pk 3 and 4 C- �( CC Fyi- Donnie and I met Mike Brown and his Eagle scout applying son, Colton, in the park a week or so ago. As part of his service project he has chosen to refurbish the 16 benches in parks 3 & 4..a great, much needed project. They want to get the project completed by Speckled Perch fest, March 10-11 and he expects to get District approval very soon and will immediately commence. While he wishes to solicit donations as part of the process, I told his father that the City will provide wherever the young man comes up short. Administrator City of Okeechobee (863) 763-3372 ext: 212 fax: (863) 763-1686 E-Mail: bwhitehall(a)cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. (;.P. SOLUTIONS" Cj 210 S c �7 ��-- C'E� rat>Y) / L /U 900 Cowboy Circle, Labelle, FL 33935 863-675-1500 • www.Nitro30.com Exhibit 1 ORDINANCE NO. 1092 Oct 16, 2012 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM INDUSTRIAL TO PUBLIC FACILITIES; REVISING THE FUTURE LAND USE MAP ON CERTAIN TRACTS OF LAND MORE PARTICULARLYDESCRIBED HEREIN FROM SINGLE FAMILYTO MULTI -FAMILY; REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF 'LAND MORE PARTICULARLY DESCRIBED HEREIN FROM NO DESIGNATION TO SINGLE FAMILY; REVISING THE FUTURE LAND USE MAP ON ACERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL TO PUBLIC FACILITIES; PROVIDING FOR INCLUSION OFORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has initiated revisions to the Future Land Use Map of the City s Comprehensive Plan, being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on September 20, 2012, which determined such revisions to be consistentwith the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed revisions comply with the requirements of Florida Statutes 163, Part II, and that the proposed revisions are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Comprehensive Small Scale Future Land Use Map Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Comprehensive Plan Small Scale Future Land Use Map Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described properties, as the subject property, located in the City of Okeechobee, to -wit: Ordinance No.1092 - Page 1 of 6 A. The following properties Future Land Use classification is changed from Single Family(SF) to Industrial (IND): (MAP ID NO. 12B) PORTIONS OF ABANDONED CITY STREETS: NORTHEAST 8 TH STREET, FROM a AVENUE EAST TO TAYLOR CREEK; NORTHEAST 6T"AVENUE, FROM 7T" STREET NORTH TO CSX RAILROAD; RIVERSIDE DRIVE ALONG WEST SIDE OF TAYLOR CREEK AND CONTIGUOUS TO BLOCKS 52 AND 53, AND ALL OF BLOCK 52, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (MAP ID NO. 12C) 0.990 ACRES CONSISTING OF: BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE'35 EAST, SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK 1, OKEECHOBEE, ACCORDING TO THE PLAT THEREOFRECORDED IN PLAT BOOK 5, PAGE 5, AND PLAT BOOK 1, PAGE 10 OF PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, RUN THENCE SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND THE 'SOUTHERLY PROJECTION THEREOF, OF BLOCKS 1,16,17, 32 33, 34 AND 51 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY; THENCE RUN EAST, ALONG THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY, TO THE WESTERN SHORE LINE OF THE ONOSHOHATCHEE RIVER OR TAYLOR CREEK, AS NOW LOCATED; THENCE RUN NORTHERLY, AS NOW LOCATED, TO THE INTERSECTION WITH i Hk NUK 11 BOUNDARY LINE OF SAID SECTION 15; THENCE RUN WEST, ALON( SAID NORTH SECTION LINE, TO THE POINT OF BEGINNING. LYING'11 AND COMPRISING A PART OF THE NORTHWEST ONE -QUARTER O SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEI COUNTY, FLORIDA. LESS AND EXCEPT: A STRIP OF LAND 100.00 FEET IN WIDTH, LYING IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, 'FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT OF BEGINNING IS ALSO SHOWN ON SURVEY OF RIVERSIDE 'DRIVE,' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT =BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; SAID POINT OF BEGINNING IS ALSO A POINT OF (INTERSECTION OF THE NORTHERLY RIGHT-OF- WAY LINE OF NORTHEAST 13T" STREET, (FORMERLY NINETEENTH STREET), AND THE WESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE BEAR NORTH89 DEGREES56 MINUTES 33 SECONDS EAST ALONG THE EASTWARD PROJECTION OF THE NORTH RIGHT- OF-WAY LINE OF SAID NORTHEAST 13 `TH STREET A DISTANCE OF 108.33 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT-017- WAY LINE OF RIVERSIDE DRIVE; THENCE BEAR SOUTH 22 DEGREES 40'MINUTES 26 SECONDS WEST ALONG THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE A DISTANCE OF'108.33 FEET; THENCE BEAR SOUTH 89 DEGREES 56 MINUTES 33 SECONDS WEST PARALLELWITH THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF NORTHEAST 13T"STREET TO THE INTERSECTION WITH THE SAID WESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE A DISTANCE OF 10833 FEET; THENCE BEAR NORTH 22 DEGREES 40 MINUTES 26 SECONDS EAST ALONG THE SAID WESTERLY RIGHT-OF- WAY LINE OF RIVERSIDE DRIVE A DISTANCE OF 108.33' FEET TO THE POINT OF BEGINNING. Ordinance No.1092 - Page 2 of 6 B. The following property's Future Land Use classification is changed from Industrial (IND) to Public Facilities (PUB): (MAP ID NO. 13A) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 15, THENCE -SOUTH 89 DEGREES 23 MINUTES 09 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 15, A DISTANCE OF 97.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS WEST ALONG SAID NORTH BOUNDARY LINE OF THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 15, A DISTANCE OF 124611 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 16; THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 15, A DISTANCE OF 1802.64 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF THE TAYLOR CREEK WATERSHED EASEMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, -PAGE 26 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE SOUTH 31 DEGREES 33 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY TAYLOR CREEK EASEMENT LINE, A DISTANCE OF 50.86 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID EASEMENT LINE, SAID CURVE BEING CONCAVE TO THE EAST, HAVING A RADIUS OF 190.00 FEET AND A CENTRAL ANGLE OF`69 DEGREES 47 MINUTES 35'SECONDS; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 198.28FEET TO THE END OF SAID CURVE; THENCE SOUTH 28' DEGREES 14 MINUTES 33 SECONDS EAST CONTINUING ALONG SAID EASTERLY EASEMENT LINE, A DISTANCE OF 20883 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST PARALLEL WITH THE AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 15, A DISTANCE OF 324.62 FEET; THENCE SOUTH 00 DEGREES 36 MINUTES 51 SECONDS EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 232.67 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 513.00 FEET; THENCE NORTH 00 DEGREES 36 MINUTES '51 SECONDS WEST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 400.00 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST, PARALLEL WITH AND 250.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID NORTH BOUNDARY LINE OF SECTION 15, A DISTANCE OF 2148.74 FEET THENCE NORTH 00 DEGREES'35 MINUTES 11 SECONDS WEST, A`'DISTANCE OF 260.00 FEET TO THE INTERSECTION WITH SAID NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE - QUARTER OF SECTION 15 AND THE POINT OF BEGINNING. CONTAINING 23.857 ACRES, MORE OR LESS. The following properties Future Land Use classification is changed from Single Family (SF) to Multi -Family (MF): (MAP ID NO.17) ALL OF BLOCKS 190 AND 191, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE '10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. TOGETHER WITH: Ordinance No.1092 - Page 3 of 6 *%10 1.600 ACRES CONSISTING OF: THAT PORTION OF THE FLORIDA EAS AND OF NORTH CURVE STREET, SINCE ABANDONED, AS SHOWN ON PLAT OF FIRST ADDITION TO OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 11 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, 'FLORIDA, WHICH IS BOUNDED ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF BLOCK 251,-(SAME ALSO BEING A PART OF THE EAST LINE OF A TRACT OF LAND KNOWN AS THE STATION GROUNDS OF SAID RAILWAY COMPANY), AND ON THE SOUTH BY A LINE EXTENDING FROM THE SOUTHERNMOST POINT OF BLOCK 191, AS SHOWN ON THE PLAT OF THE TOWN OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, IN A WESTERLY DIRECTION, SAID LINE BEING NORTH OF AND PARALLEL WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF THIRD STREET, AND WHICH IS BOUNDED ON THE NORTH BY WESTERLY EXTENSION OF THE NORTH LINE OF FIFTH STREET, OF SAID TOWN OF OKEECHOBEE AFORESAID AND ALL THAT PART OF FOURTH STREET AND FIFTH STREET LYING WEST OF SEVENTH AVENUE IN SAID 'TOWN 'OF OKEECHOBEE. D. The following property's Future Land Use classification is changed from No Designation to Single Family (SF): (MAP ID NO. 18) 6.919 ACRES CONSISTING OF A STRIP OF LAND 150 FEET WIDE LYING BETWEEN BLOCKS 6,11, 22, 27 AND LOTS 1 TO 3 OF 40, ACCORDING TO THE PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AS THE EAST BOUNDARY, NORTHWEST 8TH AVENUE (FORMERLY TUSCALOOSA STREET) AS THE WEST BOUNDARY, AND NORTHWEST 14 T" STREET AS THE NORTH BOUNDARY. 'PROPERTYIS'A PORTION OF THE ABANDONED FLORIDA EAST COAST RAILWAY COMPANY RIGHT-OF-WAY. E. The following property's Future Land Use classification is changed from Commercial (C) to Public Facilities (PUB): (MAP ID NO. 19) THE WEST HALF OF BLOCK R OF FLAGLER PARK, BOUNDED BY BLOCK 154 TO THE NORTH AND BLOCK 170 TO THE SOUTH, CITY OF OKEECHOBEE SUBDIVISION, AS 'RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance; and the revisions to the Future Land Use Map 1.1 as amended December6, 2011,which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. 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. Ordinance' No.1092 - Page 4 of 6 SECTION'6. EFFECTIVE DATE. The effective date of this plan amendment, should the amendment not be timely challenged, shall be 31 days afterthe State Land Planning Agency notifies the local government that the plan amendment package is complete. Should it be timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted. amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment maybe issued or commence before it has become effective. Should a final order of noncompliance be issued by the Administration, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the State Land Planning Agency. INTRODUCED for first reading of the ordinance for transmittal, in accordance with F.S. 163.3184(11), at public hearing this 16" day of October. 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing for transmittal, in accordance with F.S. 163.3184(11), this 1'5"' day of January, 2013. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1092 Page 5 of 6 on19 TI � i't"iTTi JOS 9 i Planning Management ' rvices, Inc. Memorandum To: Planning Board Members From: Bill Brisson Date: August 6, 2012 Subject: Materials for September LPA Public Hearing on proposed changes to the Future Land Use Map (FLUM) and proposed changes to the Official Zoning Map. Attached are materials to be considered at the upcoming public hearing on September 20, 2012. The recommended changes to the FLUM and Official Zoning Map are those we discussed at our meeting in June. As you will recall we discussed a series of properties that are shown as "H- Holding" on the Zoning Map. In addition to these areas (numbered 1-18 on the colored tabloid size map included with this memorandum), we have added number 19, the Chamber of Commerce Property at 55 South Parrott Avenue. Following are brief summaries and explanations of the materials: A. Conflicts between the FLUM and the Zoning Map that involve properties that are now shown on the Zoning Map as "IT'Holding District. There are a number of areas throughout the City that are zoned "IT' Holding. These are outlined on the colored map with the color of the property indicating its Future Land Use designation. Each area is numbered for identification purposes. As you may recall, there is no longer an "FP' zoning district in the Land Development Code. Therefore the zoning on these parcels needs to be changed to one of the current zoning districts. In some instances we may also recommend changing the current Future Land Use Designation to ensure consistency between the Zoning and Future Land Use Maps. B. The materials in your packet include: (1) The aforementioned color 11" by 17" map showing the specific conflict areas. (2) Basic information about the properties involved and our recommendations. Except for number 19, the location of the Chamber of Commerce, which has not yet been discussed, these recommendations are based on a consensus reached on each item during the June 1 lt' meeting; or, in the case of numbers 17 and 18, the April and May meetings. Providing Planning and Management Solutions for Local Governments Since 1988 ..... ..._.... .... 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 www3arueplanning.coin KM IM (3) "Google" aerials showing the existing uses of the various properties and those in the immediately surrounding area. Where there is insufficient room to spell out the actual uses, the following abbreviations are used: S or SF = single-family home; DUP = Duplex V = Vacant; MF = Multi -family; MH = Mobile home, Ofc = Office Finally, because this will be an advertised public hearing, it is possible, even likely, that there will be a number of property owners and residents in the audience wishing to speak and be heard. I look forward to meeting with you as we begin the formal process of adopting changes to resolve conflicts between the FLUM and the Zoning Map, thereby providing the basis for a clear understanding by representatives of the City, property owners and the public at large as to how properties in the City may be development and redeveloped. Should you have any questions prior to our meeting, please feel free to contact me. �x Serving Florida Local Governments Since 1988 Scomiss • III Nonni :: ►ii �� -- � 1111 � ��; �•��,1 ll �111111�1 11111111� ■ on •:1':!:!• 1111111111►.,� ,. 11111 ■1111�, ■�110 ��■m ■iiir S ■■■ i� _■■ ■■1■ ■ M OSINE■ I:•z. ♦ t► t► ► f ►t►t•l ♦t►ti ►�t►�t►�t►�t►�t►�t►�t►�tt 111-®Aftl IY IN "'INIM-11 11111 tilivill, loll rii�lliilill ruil HIM ............... IN IN um RECOMMENDATIONS FLUM CHANGES AND/OR REZONINGS ID# ExistingUse(s)Location/Addresses FLUM onin Recommendation Vacant lots as well as nine Some vacant lots referred to only by street number. rH, Specific addresses include: 1202 NW 13" St.,800, 1 single-family homes and one lot with a triplex and two 803, 804, 806, & 810 NW 12 1St.;1109 NW 8 Single -Family Holding Rezone to RSF1 single-family units. Av.; 1100 and 1110 NW 9 Av.; 800, 802, 804,806, & 808 NW 1 lthAv. 2 Whole block is vacant. Located on NW 7 Ct. between NW 10 and NW Single -Family H, Holding Rezone to RSFI l lth Avenues 3 Whole block is vacant. Located on NW 7 St. between NW 9 and NW Single -Family H, Holding Rezone to RSF1 10`" Avenues Property is improved pasture referred to only by 4 All properties are vacant. street number. Properties are located between SW Single -Family H, Holding Rezone to RSF1 2nd and 9`h Streets just east of SW 10`h Av. Two single-family units on 517 SW 2 1 " St.; balance of property has no 5 small lot, large parcel is specific address but is located in southwest most Single -Family H, Holding Rezone to RSF1 vacant. part of City on north side of 23`d St. 6 Vacant Improved pasture between SE 8 ' and 13 Streets Residential H, Holding Rezone to RSF1 west of Taylor Creek Mixed Use Western strip of this lot is part of the parking for the Rezone to RSF1 which would leave 7 commercial office use 815 South Parrott Av. Single -Family H, Holding the parking use nonconforming as it immediately to the west and is now. owned by the same entity. 8 Single Family 1105 SE 9t" Dr. Single -Family H, Holding Rezone to RSF1 9 Vacant Westernmost parcel is 802 SE I Oth Av.; parcel to Single -Family H, Holding Rezone to RSF1 east has no address. 10 Vacant No address; located south of NE 4` St. west of Single -Family H, Holding Rezone to RSF1 Taylor Creek. 1 Vacant No address; large tract located east of Taylor Creek Single -Family H, Holding Rezone to RSF1 to Citylimits and south of the railroad track. Accessory building to single- d, Associated with single-family use 12a family use 649 NE 6 St. Single -Family H, Holding of adjoining parcels. Rezone to RSF1. 0 ID# Existing Uses Location/Addresses FLUM Zoning Recommendation f Part zoned This area is part of the Diamond Fertilizer property and 12b Unpaved part of Diamond Fertilizer 710 NE 5 Av. Single -Family H, Holding although unpaved, is used in the operation, Change and part FLUM to Industrial for all parts and rezone "H" propel' zoned IND part to IND. Although not owned by the adjacent property (vehicle No Address; located between railroad sales) it appears to share the same access. Given the 12c Vacant tracks and NE 9 St., west of Single -Family H, Holding Industrial land use and zoning on the adjacent property Creek. and its fronting on the railroad, it would not appear suitable for residential use. Change FLU to Industrial and rezone to IND, %QUA facility 13a (looks like water storage tank) but 1200 NE 12`h St. Industrial H, Holding Change FLUM to Public Facilities and rezone to most of the land is PUB as suggested by OUA. vacant. No address; it's a small triangular piece 13b Vacant at the very southeast corner of the Park Industrial H, Holding Rezone to Industrial of Commerce. No addresses; all properties are vacant 14 All vacant and located between NE 9`" & l I Single -Family H, Holding Rezone to RSF1 Streets and NE 3rd & 5ib Avenues. Only one parcel has an address, 150 NE 13"' St.; the balance of the parcels have 15 All vacant no addresses; they are located between Single -Family H, Holding Rezone to RSF1 NE 14'h and 12d' Streets west of Taylor Creek. 16 Vacant No address; lot is located on ;the south side of NE 13 St. one lot in from the Commercial H, Holding Rezone to CHV as other properties in similar situations north of NE I Oh Street. lot fronting on US 441. No address; it's vacant lots on west side It's bordered on the north by Industrial and on the west 17 All Vacant of SW 7`" Av. between SW 4 b St. south Single -Family H, Holding by Multi -Family. Change FLU to Multi -Family and to, but not including, 704 SW 6d' St. rezone property to RMF Mostly vacant and No address; it's abandoned RR right-of- �, 18 what appears to be way from City Limits at NW 14 St. No designation H Holding Designate property as Single -Family on the FLUM south to, but not including,700 NW 9 and rezone it to RSF1 a residence/office. St. 19 Chamber of Commerce 55 South Parrott Avenue. Commercial PUS Change FLU to Public Facilities E HOLDING (H) CONFLICT # 1 w�V-fw J*L+ scant Vacant Lip Wit I Vacant"` kin-nnimr ... III l7p A :0,1 M- 7. Yard NV%' I JT 11 5 T ils V V .7 vaodht At 4 V V V V, Tri W 1 7 c I a vii 2 SifiVe faIll ity, mm 401 i 7 H Vacant S "Vaca,nt -§ingre V, m ift AM L IA Res/ R R ROW1 ierving Florida kxal k;OVerylinlenis Mince 1989 HOLDING (H) CONFLICTS # 2 & 3 lip our Jaidl gal., PRO sp '49 Ak Zrl�: -A V- -4A Sewing Florida hwal Governments since 1988 HOLDING (H) CONFLICT # 4 _ - - - - • f.. .:,'F 1. •.a. .. . ., ♦e Y ' s ,1 '. 14 , s t �. fj • a .. y , . ,. , A � H dlt« ^4 - . Mitr - ' ' - * - JL ,it ".J G 1� �.F .. i ',., `:., 1. f y, � h x;: M'f�0 ' f .' _ !�f h), r 1i n,'�.� st •R _ h _ w Churcl " w -' " r u y n ._-.._ 1 � { - ,A � Y ♦ ' :yam . .. A i : + t-.. 'w+Mi.. � +�':� t pad ..� _ 'Victarll v r _ > _ ' _ ♦ Nbl Serving Florida l.fx:fl Governments '�inCe 1988 HOLDING (H) CONFLICT # 5 �s` y'Yai+l Mementaty School &h Serving Florida LucA Giikernmoits Since 108R HOLDING (H) CONFLICTS # 6 & 7 f r < F .bra q' 44 » Inset of #7 Area 3k- Sk}Inliciu Li ;il i;,rcrrllnic-Ll!!L Circe I9Rti jr j.at� .1 ti Av I! HOLDING (H) CONFLICTS # 8 & 9 °.. r :, ly,r•4 ' ..i--. Lai �'-'a Y i`y µ� ..�� f '+ � �-, - r ti y :� .tY � •�Y�� 1 2 cm 4 Serving Florida LorcA ;rwernnums since 1988 11 HOLDING (H) CONFLICTS # 10 & 11 r, a , a 1:. "=T( - � .%+,�." �� 4 - � - : "^'� °M � rr'"+ ,�y.,��+ "t r . ! � ' '" a � ► M1 � � -� .� w ,' � i .t..t' �r,� _ ' a, ^ t .-� 11' .•� �•.. ,�... 1i:� ��,.� ,s.,. —... �_i' _ + *"it *` 1e, S '' + � � �Yi�. _ ' �� .a E • L 1• 1 Serving Florida local Covernmetits since 1988 12 HOLDING (H) CONFLICTS # 12 a, b, c r 4�7 .0. a' - r . ,,, �a� �• ,� a � � �„„ � . _ r .. +tip . ..... y x $# i A �r,. . a • .d. :x >"a. i a .Jt r ; rY art 3C ; 4 w.r +11 j P r` &b Serving Florida iuc:fl i;nn•rnnuntx since 1988 III �� i i•".� u ; �� r ,t� .�,+��y '. f 44.# r. a HOLDING (H) CONFLICTS # 13 - 16 -• tv i A mr 41 Okeechobee Commerce Center a " d . ni .e Jk y f h: , �, �. r i 1, ' w,. F� i•ia 1' a v r+ _ i�TTa c , _ r a e , » iWb _ n &h Serving Florida Lkxal Governments Sinckr 1988 A •_ �,. _t.,..., t x�M SeYvmg Florida Local i;(H-ernm,mh Sitice (�7yti HOLDING (H) CONFLICTS # 17 • 15 HOLDING (H) CONFLICTS # 18 5arciriFtnnda IAh II t II�V[IIIIIeIIIT SIIICe 108 IL, HOLDING (H) CONFLICTS # 19 � j 1 IA' AN% 4*&l. T Serving Fkuidu IocaI Eric-r[It I,III x inre 198', 17 SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 2 OF 12 V. OPEN PUBLIC HEARING FOR PROPOSED COMPREHENSIVE PLAN FUTURE III CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING FOR COMPREHENSIVE PLAN FUTURE LAND USE LAND USE (FLU) MAP AMENDMENTS - Chairperson (Exhibit 1). 111(FLU) MAP AMENDMENTS AT 6*03 P.M. A. 1. Motion to recommend the following properties FLU classification be Board Member Burroughs moved to recommend the City Council change the FLU classification from Single Family (SF) changed from Single Family (SF) to Industrial (IND): to Industrial (IND), on the properties listed on Map ID No.12b and 12c below, based on, and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy, 2. Public Comments and Discussion. Chair Hoover yielded the floor to City Planning Consultant Brisson who explained that the properties were being looked at due to conflicts between the Future Land Use and the Rezoning Maps. Due to their proximity to the railroad and existing use, the classification to industrial is deemed the most appropriate. Map ID No. 12b is for a portion of Diamond R. Fertilizer properties, located at 710 Northeast 51h Avenue. The specific property being considered for changes are all of Block 52, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records, and a portion of abandoned Riverside Drive (contiguous to Blocks 52 and 53), a portion of closed Northeast 6' Avenue, from 711 Street, North to the CSX Railroad; and a portion of closed Northeast 8' Street, from 4' Avenue, East to Taylor Creek and parallel with the railroad. Chair Hoover asked whether there were any questions from the public on this property. Mr. Wayne Prevatt, Plant Manager of Diamond R was in attendance and had no objections to the proposed changes. Map ID No,12c is a vacant 0,99 acre unplatted parcel owned by William Mason. Its located along Northeast Y' Street, West of Taylor Creek and East of Block 51, Chair Hoover asked whether there were any questions from the public on this property. There were none. 3. Vote on Motion. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED. B.1. Motion to recommend the following property's FLU classification be Board Member McCoy moved to recommend the City Council change the FLU classification from IND to Public Facilities changed from IND to Public Facilities (PF): III (PF), on the property listed on Map ID No.13a below, based on, and as recommended by the Planning Staff Report findings; seconded by Board Member Burroughs. 2. Public Comments and Discussion, Map ID No.13a is the Okeechobee Utility Authority (OUA), Ground Water Treatment Plant and Wellhead Field, located at 1200 Northeast 12' Street and consists fo 23.86 unplatted acres. Mr. Brisson advised that the OUA is aware of the proposed change and has no objections, as this use qualifies as public. Chair Hoover asked whether there were any questions from the public on this property. There were none. SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 3 OF 12 u a 011FINg V. PUBLIC HEARING FOR COMP PLAN FLU MAP AMENDMENTS CONTINUED. B. 3. Vote on Motion, for Map ID No. 13a property to be changed from IND VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA to PF. MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED C.1. Motion to recommend the following property's FLU classification be Board Member Burroughs moved to recommend the City Council change the FLU classification from SF to Multi -Family changed from Single Family (SF) to Multi -Family (MF): (MF), on the property listed on Map ID No. 17 below, based on, and as recommended by the Planning Staff Report findings; seconded by Board Member Keller. Map ID No.17 is owned by Ruth G. Spradley and Gale B. Nemec, it is a vacant 1.600 unplatted acre, triangular shaped 2. Public Comments and Discussion. parcel located West of Southwest 7t Avenue and North of Southwest 61" Street, contiguous to Blocks 190 and 191, City of Okeechobee. Chair Hoover asked whether there were any questions from the public on this property. There were none. 3. Vote on Motion. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED D. 1. Motion to recommend the following property's FLU classification be changed from no designation to SF: Board Member Burroughs moved to recommend the City Council change the FLU classification from no designation to SF on the property listed on Map ID No. 18 below, based on, and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy. 2. Public Comments and Discussion. Map ID No. 18 is an unplatted 5.919 acre parcel owned by Ivan D. Doverspike, Trust, and located at 1202 Northwest 8"' Avenue, (part of the abandoned railroad). Chair Hoover asked whether there were any questions from the public on this property. Ms. Ozzie Fleming, identified herself as a representative for the Dean's Court neighborhood, and asked for clarification; whether the property would be used for industrial uses. It was explained that the property was being recommended to SF which would not allow industrial type uses on the property. 3. Vote on Motion. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER - YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED SEPTEMBER 20, 2012 PLANNING BOARD -PAGE 4 OF 12 V. PUBLIC HEARING FOR COMP PLAN FLU MAP AMENDMENTS CONTINUED. E.1. Motion to recommend the following property's FLU classification be Board Member McCoy moved to recommend the City Council change the FLU classification from Commercial (C) to PF changed from Commercial (C) to PF: III on the property listed on Map ID No.19 below, based on, and as recommended by the Planning Staff Report findings; seconded by Board Member Keller. 2. Public Comments and Discussion. Map ID No.19 is the West half of Block R of FLACLER PARK, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records, and the Chamber of Commerce office building. Planner Brisson explained that this property was deeded to the City to be used only as a Chamber office, the FLU needs to reflect the public use. Chair Hoover asked whether there were any questions from the public on this property. There were none. 3. Vote on Motion. VOTE III HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER - YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - N/A MOTION CARRIED CLOSE THE COMPREHENSIVE PLAN FLU MAP AMENDMENTS PUBLIC III CHAIR HOOVER CLOSEDTHE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENTS AT 6:24 P.M. ALL HEARING - CHAIRPERSON. ITEMS DISCUSSED WILL BE PRESENTED TO THE CITY COUNCIL ON OCTOBER 16, 2012. VI. OPEN THE PUBLIC HEARING FOR PROPOSED REZONINGS - Chairperson 111 CHAIR HOOVER OPENED THE PUBLIC HEARING TO CONSIDER PROPOSED REZONINGS AT 6:24 P.M. (Exhibit 1), A. 1. Motion to recommend rezoning the following properties from Holding Board Member Ritter moved to recommend the City Council rezone the properties listed on Map ID No.1 through 12a, (H) to Residential Single Family-1 (RSF-1): 14,15 and 18 below, from Holding (H) to Residential Single Family-1 (RSF-1) based on, and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy. 2. Public Comments and Discussion. Planner Brisson explained that the properties about to be discussed were being considered for rezoning due to the conflicts between the FLU and Zoning maps and that since the City was not successful in adopting Holding Zoning District Regulations, the properties need to have the appropriate zoning district identified, Map ID No.1 properties are all located in City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County, public records and listed as: Ivan D, Doverspike, Trust, located at 1202 Northwest 131 Street owns Lots 1 to 12, inclusive of Block 7, Lots 1 to 6 are vacant; there is a residence on Lots 7 to 12. -Fort Drum Corporation, owns Lots 1 to 26, inclusive of Block 8, all of which is vacant improved pasture land and located between Northwest 13`h and 1411 Streets. I SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 5 OF 12 0 e VI. REZONING PUBLIC HEARING CONTINUED. A. 2. Public Comments and Discussion for properties being considered to Continued from Page Four, Map ID No. 1: rezone from H to RSF-1 continued. -Ivan D. Doverspike, Trust, owns Lots 1 to 6 of Block 10; it is vacant and located along Northwest 13" Street. -Shirley Johnson owns Lots 7 and 8 of Block 10 which has two residences and a quad-plex, and is located at 810 Northwest 12t' Street. -Willa M. Hickson owns Lots 9 and 10 of Block 10; it has a residence and located at 806 Northwest 12" Street. -Anita Leverette owns Lot 11 of Block 10; it has a residence and located at 804 Northwest 12" Street. -Jimmie L. Potts owns Lot 12 of Block 10, which has a residence and located at 800 Northwest 12t' Street. -Suzette Quarles and Charlotte Harris owns vacant Lot 1 of Block 23 located at 1109 Northwest 8" Avenue. -Joe N. and Johnny L. Brown own vacant Lot 2 of Block 23 located at 803 Northwest 12" Street. -Suet Fong Tsang and Andre Bargel, own vacant Lots 3 of Block 23 located along Northwest 12t' Street. -Habitat for Humanity owns vacant Lots 4 of Block 23, located along Northwest 12' Street. -Shirley R. Johnson owns vacant Lots 5 and 6 of Block 23, located at 1110 Northwest 9' Avenue. -Gloria R. and Mary D. Brown owns vacant Lots 7 of Block 23 located at 1100 Northwest 9t'Avenue. -Mary L. Wright owns a residence located at 808 Northwest 11" Street, Lot 8 of Block 23. -Bruce and Pamela Snell own a residence located at 806 Northwest 11'" Street, Lot 9 of Block 23. •Sharon Johnson owns a residence located at 804 Northwest 11`" Street, Lot 10 of Block 23. -Shirley Johnson owns a residence located at 802 Northwest 11" Street, Lot 11 of Block 23 -Robbie L. Ridley owns a residence at 800 Northwest 11' Street, Lot 12 of Block 23. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 31 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the property. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No. 2 properties are all located in the Northwest Addition subdivision, Plat Book 1, Page 25, Okeechobee County public records and listed as: -Janet Mays and Rob Bentz own vacant Lots 1 to 18 and the West half of 19 of Block 13, located between Northwest 7'" Court to 8" Street. -George W. and Carol H. Moore own vacant Lot 20 and the East half of 19 of Block 13, located at Northwest 7`" Court and 10t' Avenue. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 21 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the property. Chair Hoover asked whether there were any questions from the public on this property. There were none. SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 6 of 12 VI. REZONING PUBLIC HEARING CONTINUED, A. 2. Public Comments and Discussion for properties being considered to Map ID No. 3 is owned by Dowling R. Watford, Trustee, for Lots 1 to 26, inclusive of Block 68, City of Okeechobee, Plat rezone from H to RSF-1 continued. Book 1, Page 10, Okeechobee County public records. The entire block is vacant. The property owner was mailed a' certified letter from Clerk Gamiotea, explaining the proposed changes. There were 27 courtesy notices mailed to surrounding property owners within 300 feet as well as a sign posted on the property. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No. 4 addresses three parcels and two owners. Frank Altobello Charitable Remainder Trust III owns two of the vacant unplatted parcels, one being 9,890 acres, located South of Southwest 2' Street; and the other as 9.120 acres, located North of Southwest 61' Street. Montebello 13, LLC owns the third vacant parcel consisting of 13.3210 unplatted acres located between Southwest 6"' and 9' Streets. The existing use for all three is improved pasture land. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 60 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on each parcel. Chair Hoover', asked whether there were any questions from the public on this property. Mrs. Sylvia Band!, of 705 Southwest 101"', Avenue, addressed the Board with concerns about elevations should homes be built on these parcels. The Southwest'. section has had a drainage issue for many years and she was concerned that continued development without major repairs could impact the area further. It was explained that the property owners are not developing the properties at this time. Map ID No. 5 has two parcels, they are owned by three sisters, Madonna L. Arnold, Melissa Bryant and Laura Graisbery. The first one contains 1.725 unplatted acres located at 517 Southwest 21" Street, which has two homes located on it. The other is a 12.210 unplatted acre pasture, located South of Southwest 21" Street. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 29 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. Ms. Bryant expressed her concerns to be able to continue utilizing the pasture with livestock in order to keep the agricultural exemption on the property. She was advised that the City does not have jurisdiction over the exemptions and she would need to address that with the Property Appraiser's Office. Map ID No. 6 is owned by Frank Altobello, Trustee, and consists of 32.8 unplatted acres located South of Southeast 8" Street and along the West side of Taylor Creek. The exisiting use is improved pasture land, The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes, There were 63 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on each parcel, Chair Hoover asked whether there were any questions from the public on this property. An adjoining resident, Ms, Gay Wilkins submitted an email stating concerns with increased traffic along Southeast 8' Street should this property be developed in the future, n 0 SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 7 OF 12 VI. REZONING PUBLIC HEARING CONTINUED. A. 2. Public Comments and Discussion for properties being considered to Map ID No. 7 is owned by Inland American ST Florida Portfolio JP3, LLC (Suntrust Bank), which consists of 2.210 rezone from H to RSF-1 continued. unplatted acres located behind 815 South Parrott Avenue. The parcel is an extension of the existing bank property. The drive-thru tellers used to be located on this parcel. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 16 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcel. Chair Hoover asked whether there were any questions from the public on this property. Planner Brisson explained that the parking lot would still be non conforming, but allowed. Ms. Wilkins submitted an email with the same concerns noted for this parcel as well. Map iD No. 8 is owned by William G. and Glenda Carver and is their residence, located at 1105 Southeast 9t° Drive. The parcel contains 2.0 unplatted acres. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 15 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcel. Chair Hoover asked whether there were any questions from the public on this property. Mr. Carver was present and had concerns about subdividing the parcel to his heirs. He was assured the zoning would not prohibit him from doing so. Map ID No. 9 consists of two parcels, both owned by Wayne and Bonnie Thomas. One parcel, located at 802 Southeast 101 Avenue, is 4.710 acres and is where their home is located. The other parcel, is the East contiguous 9.5 unplatted acres. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 50 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcel. Chair Hoover asked whether there were any questions from the public on this property. Mrs. Thomas addressed the Board expressing concerns with water drainage and the impacts of new subdivisions within the area. Map ID No.10 is owned by Ricky and Bunny Lightsey and consists of 0,490 unplatted acres located between Block 116 and Taylor Creek. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 21 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcel. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No.11 is owned by Javier Ordenez, and consists of 51.190 unplatted acres located East of Taylor Creek and South of CSX Railroad. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 87 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcel. Chair Hoover asked whether there were any questions from the public on this property. Correspondences were received from Nikki Eskow, Regional Manager of CSX, Mr. Craig and Mr. Todd Chambers, both of whom own property within the City Commerce Center, and an appearance by Mr. Kay, of 403 Northeast 91' Avenue, all of whom stated their objections to the RSF-1 zoning due to the properties proximity of the railroad and existing industrial uses, SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 8 OF 12 VI. REZONING PUBLIC HEARING CONTINUED. A. 2. Public Comments and Discussion for properties being considered to Planner Brission explained the process to develop this property and that their concerns would be accurately addressed rezone from H to RSF-1 continued. at that time. The owner is not requesting the rezoning for development, again this is the City initiating the consistency of the two maps. Map ID No. 12a is owned by Dale S. and Martha A. Reiss, located at 649 Northeast 61" Street, the portion being considered for rezoning is the unplatted parcel located between Block 82 and Taylor Creek. The existing use is a residence. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 8 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcel. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No. 14 consists of several lots within Blocks 32 and 35, all located in the City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, all the properties are vacant and listed as: -Baku[ K. and Hina R. Patel own Lots 8 to 11 of Block 32, located along Northeast 10t° Street. William Mason owns Lots 12 and 13 of Block 32, located at Northeast 11' Street and 3rd Avenue. Abdul-Khuddus and Parveen Syed owns Lot 20 and the West 5 feet of 21, located along Northeast 10t° Street, Mark E. Barwick owns Lots 22 to 25, less the West 5 feet of 21, located along Northeast 911 Street. Dean and Carl Weidling own Lots 1 to 6 and 24 to 26 of Block 35, located along Northeast 91h and 10' Streets -Carl P. Weidling, III owns Lots 20 to 23 of Block 35, located along Northeast 911 Street. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 14 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No. 15: consists of several lots within Blocks 1, 2,15 and 16, all located in the City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, all the properties are vacant and located along Northeast 12", 13"' and 13"' Street, and listed as: -Suraiya Husain, Trustee owns Lots 1 to 4 of Block 1; Lots 6 and 21 to 26 of Block 2; Lots 1 to 4, 25 and 26 of Block 15; and all of Block 16. -Muzaffar Husain, Trustee owns Lots 5 to 8 of Block 1; Lots 1 to 5 of Block 2; and Lots 5 to 6, 21 and 22 of Block 15, North American Islamic Trust owns Lots 7, 8, 23 and 24 of Block 15. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 14 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 9 OF 12 0 a VI. REZONING PUBLIC HEARING CONTINUED. A. 2. Public Comments and Discussion for properties being considered to rezone from H to RSF-1 continued. 3. Vote on Motion. B. 1. Motion to recommend rezoning the following properties from H to IND. 2. Public Comments and Discussion. Map ID No.18 is owned by Ivan D. Doverspike, Trust, located at 1202 Northwest 8t'Avenue. The unplatted 5.919 acres has a bam with an apartment and office as well as an small horse arena. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 36 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. HOOVER -YEA BURROUGHS-YEA BRASS - YEA KELLER - YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - N/A MOTION CARRIED Board Member Burroughs moved to recommend the City Council rezone on the properties listed on Map ID No. 12b, 12c and 13b, below, from H to IND based on, and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy. Map ID No. 12b is owned by Diamond R. Fertilizer located at 710 Northeast 5" Avenue. The parcel being considered for rezoning are the closed streets contigious to Blocks 52 and 53, specifically, a portion of abandoned Riverside Drive. A portion of closed Northeast 6' Avenue, from 7t' Street, North to the CSX Railroad and a portion of closed Northeast 8'h Street, from 4" Avenue, East to Taylor Creek and parallel with the railroad. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 19 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No.12c is a vacant 0.99 acre unplatted parcel owned by William Mason. Its located along Northeast 91" Street, West of Taylor Creek and East of Block 51. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 9 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. Map ID No. 13b is a vacant 0.36 acre unplatted parcel owned by Recycling Concepts, LLC. Its located North of CSX Railroad and West of Northeast 12'" Avenue (East City Limits). The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 23 courtesy notices mailed to surrounding property owners within 300 feet of these properties. Chair Hoover asked whether there were any questions from the public on this property. There were none. SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 10 OF 12 Vt. REZONING PUBLIC HEARING CONTINUED. B. 3. Vote on Motion to recommend rezoning Map ID No. 12b,12c and 13b VOTE HOOVER - YEA BURROUGHS -YEA BRASS - YEA KELLER - YEA McCoy -YEA from H to IND, MORGAN - ABSENT RITTER- YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED C.1. Motion to recommend rezoning the following property from Holding Board Member McCoy moved to recommend the City Council rezone on the property listed on Map ID No.13a, below, to Public Facilities (PUB): from H to PUB based on, and as recommended by the Planning Staff Report findings; seconded by Board Member Burroughs, 2. Public Comments and Discussion. Map ID No.13a is the QUA, Ground Water Treatment Plant and Wellhead Field, located at 1200 Northeast 12" Street 3. Vote on Motion and consists fo 23.86 unplatted acres. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 9 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED D.1. Motion to recommend rezoning the following property from Holding Board Member Burroughs moved to recommend the City Council rezone on the property listed on Map ID No.16, below, to Heavy Commercial (CHV): from H to Heavy Commercial (CHV)I based on and as recommended by the Planning Staff Report findings; seconded by Board Member Ritter. 2. Public Comments and Discussion Map ID No. 16 consists of Lots 9 and 10 of Block 15, City of Okeechobee subdivision, Plat Book 1, Page 10, 3. Vote on Motion Okeechobee County public records, and owned by the North American Islamic Trust, Inc. located along on Northeast 13" Street. The existing use is vacant. The property owner was mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 7 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER - YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - N/A MOTION CARRIED 0 0 0 SEPTEMBER 20, 2012 - PLANNING BOARD -PAGE 11 OF 12 VI. REZONING PUBLIC HEARING CONTINUED, E.1. Motion to recommend rezoning the following property from Holding Board Member Burroughs moved to recommend the City Council rezone on the property listed on Map ID No.17, below, to Residential Multiple Family (RMF): III from H to Residential Multiple Family (RMF), based on and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy. 2. Public Comments and Discussion Map ID No.17 is owned by Ruth G. Spradley and Gale B. Nemec, it is a vacant 1.600 unplatted acre, triangular shaped parcel located West of Southwest 7" Avenue and North of Southwest 6" Street, contiguous to Blocks 190 and 191, City of Okeechobee. The property owners were mailed a certified setter from Clerk Gamiotea, explaining the proposed changes, There were 13 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whetherthere were any questions from the public on this property. There were none. 3. Vote on Motion VOTE III HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED CLOSE THE PUBLIC HEARING FOR REZONINGS - CHAIRPERSON. III TO THE E CITYHOOVERCLOSED COUNCIL ON HE REZONING PUBLIC HEARING AT 7:32 P.M. ALL ITEMS WILL BE PRESENTED VII. NEW BUSINESS - Chairperson. A. Consider Petition No. 12-001—TA, amending Land Development Ms. Susanne Wildner submitted Petition No.12-001-TA on behalf of McDonalds Corporation, requesting a change in Regulations, Section 90-572(a)(1), Sign Regulations - McDonalds the Land Development Regulations, Section 90-572, Building Signs, Paragraph (a)(1), forbuilding with a single business Corporation (Exhibit 2). or occupant. The current regulations reads one square foot of sign face area for each linear foot of the building width that faces the front of the lot (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet), The applicant is requesting the City consider changing this to increase the amount of allowable sign face area to include in the calculation not only the front street but side and rear streets as well The Planning Staff Report, presented by Mr. Brission specifically responded to the applicants case, a brief history of the changes made to the sign regulations and a comparison table as to how much signage they would be allowed prior to and after the adoption of Ordinance No. 994, which completely revised the sign regulations. While Planning Staff did not recommend adopting the proposed changes as requested by the applicant, the following recommended changes were offered: "The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot. For the purpose of this section, the front of the lot is the side upon which the property is addressed !` 0 DMIBIT 2 OCT 16, 2012 Will be provided at the meeting Exhibit 2 Oct 16, 2012 ORDINANCE NO. 1093 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE, BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO RESIDENTIAL SINGLE FAMILY -ONE (RSF- 1); FROM HOLDING TO INDUSTRIAL (IND); FROM HOLDING TO PUBLIC FACILITIES (PUB); FROM HOLDING TO HEAVY COMMERCIAL (CHV); AND FROM HOLDING TO RESIDENTIAL MULTIPLE FAMILY (RMF); 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 City of Okeechobee, pursuant to the Land Development Regulations of the City of Okeechobee and Florida Statutes has initiated certain tracts of land to be rezoned from Holding (H) to: Residential Single Family -One (RSF-1) Zoning District, Industrial (IND) Zoning District; Public Facilities (PUB) Zoning District; Heavy Commercial (CHV) Zoning District; Residential Multiple Family (RMF); and that this request be removed from the boundaries of the above mentioned zones to allow for the processing of the rezonings; and WHEREAS, said proposed rezonings were submitted by Planning Staff report and reviewed by the City's Planning Board at duly advertised Workshops held on May 17, 2012 and June 21, 2012 and at a Public Hearing held on September 20, 2012. Said Board determined such rezonings 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 rezonings 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 DESCRIPTIONS. A. The zoning for the following described properties, are hereby changed from Holding to Residential Single Family -One (RSF-1) as the subject property, located in the City of Okeechobee, to -wit: (MAP ID NO. 1) LOTS 1 THROUGH 12, INCLUSIVE OF BLOCK 7, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. LOTS 1 THROUGH 26, INCLUSIVE OF BLOCK 8, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. LOTS 1 THROUGH 12, INCLUSIVE OF BLOCK 10, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. Ordinance No. 1093 Page 1 of 12 LOTS 1 THROUGH 12, INCLUSIVE OF BLOCK 23, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. (MAP ID NO.2) LOTS 1 THROUGH 20, INCLUSIVE OF BLOCK 13, NORTHWEST ADDITION SUBDIVISION, PLAT BOOK 1, PAGE 25, OKEECHOBEE COUNTY, PUBLIC RECORDS. (MAP ID NO. 3) LOTS 1 THROUGH 26, INCLUSIVE OF BLOCK 68, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. (MAP ID NO. 4) TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89 DEGREES 53 MINUTES 11 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6T" STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 53 MINUTES 11 SECONDS WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00 DEGREES 04 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89 DEGREES 53 MINUTES 58 SECONDS EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00 DEGREES 06 MINUTES 02 SECONDS EAST A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS; TOGETHER WITH; COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89 DEGREES 53 MINUTES 11 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6T" STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00 DEGREES 04 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 04 MINUTES 58 SECONDS WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89 DEGREES 54 MINUTES 50 SECONDS EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00 DEGREES 04 MINUTES 58 SECONDS WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2ND STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11 DEGREES 11 MINUTES 52 SECONDS AND A LONG CHORD BEARING NORTH 62 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00 DEGREES 04 MINUTES 58 SECONDS EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89 DEGREES 54 MINUTES 50 SECONDS WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00 DEGREES 06 MINUTES 02 SECONDS EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89 DEGREES 53 MINUTES 58 SECONDS WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING; CONTAINING 9.90 ACRES, MORE OR LESS; AND INCLUDING: A PARCEL OF LAND IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED Ordinance No. 1093 Page 2 of 12 AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF BLOCK 250, FIRST ADDITION TO THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF ON FILM IN THE OFFICE OF THE CIRCUIT COURT OF OKEECHOBEE COUNTY, FLORIDA THENCE, BEAR NORTH 89 DEGREES 59 MINUTES 17 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 9T" STREET TO THE SOUTHWEST CORNER OF PROPERTY DESCRIBED IN O.R. BOOK 268, PAGE 196, PUBLIC RECORDS OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING, A DISTANCE OF 502.45 FEET; THENCE, CONTINUE NORTH 89 DEGREES 59 MINUTES 17 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 9T" STREET TO THE SOUTHEAST CORNER OF BLOCK 202, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE, NORTH 0 DEGREES 04 MINUTES 21 SECONDS EAST, A DISTANCE OF 1,040.00 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 202; THENCE, NORTH 89 DEGREES 59 MINUTES 54 SECONDS EAST, A DISTANCE OF 558.40 FEET, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST 6T" STREET TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN O.R. BOOK 268, PAGE 196, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE, SOUTH 0 DEGREES 01 MINUTE 36 SECONDS WEST, A DISTANCE OF 1,040.10 FEET TO THE POINT OF BEGINNING; CONTAINING 13.320 ACRES, MORE OR LESS. (MAP ID NO. 5) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER; THENCE RUN SOUTH 175 FEET; THENCE RUN EAST 425 FEET; THENCE RUN NORTH 175 FEET; THENCE RUN WEST 425 FEET TO THE POINT OF BEGINNING. LESS ROAD RIGHTS -OF -WAY. AND; LOTS 1, 2 AND 22, BLOCK 37, CROZIER'S WOODLAND PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS ALL ROAD RIGHTS - OF -WAY. LESS LANDS DESCRIBED IN O.R. BOOK 412, PAGE 108, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: A PARCEL OF LAND LYING IN LOT 1, CROZIER'S WOODLAND PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID CROZIER'S WOODLAND PARK BEAR NORTH 00 DEGREES44 MINUTES 09 SECONDS EAST ALONG THE WEST BOUNDARY OF CROZIER'S WOODLAND PARK A DISTANCE OF 136.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 44 MINUTES 09 SECONDS EAST TO THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED IN O.R. BOOK 412, PAGE 108, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA A DISTANCE OF 28.09 FEET TO THE INTERSECTION WITH A CURVE IN THE RIGHT-OF-WAY OF SOUTHWEST 21 sT STREET, CONCAVING TO THE NORTHEAST, HAVING A RADIUS OF 310.58 FEET, A DELTA OF 05 DEGREES 05 MINUTES 06 SECONDS AND A LONG CHORD BEARING SOUTH 34 DEGREES 46 MINUTES 55 SECONDS EAST A DISTANCE OF 27.69 FEET; THENCE ALONG ARC OF SAID CURVE IN THE RIGHT-OF-WAY OF SOUTHWEST 21ST STREET A DISTANCE OF 27.70 FEET TO THE CUSP OF A CURVE CONCAVED TO THE SOUTH, HAVING A RADIUS OF 9.00 FEET, A DELTA OF 141 DEGREES 55 MINUTES 40 SECONDS AND A LONG CHORD BEARING SOUTH 71 DEGREES 41 MINUTES 50 SECONDS WEST A DISTANCE OF 17.02 FEET; THENCE WESTERLY ALONG ARC OF SAID CURVE A DISTANCE OF 22.21 FEET TO THE POINT OF BEGINNING. CONTAINING 1.725 ACRES, MORE OR LESS. TOGETHER WITH: THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LESS ALL ROAD RIGHTS -OF - WAY AND LESS LANDS DESCRIBED IN O.R. BOOK 412, PAGE 108, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND LESS LANDS DESCRIBED IN O.R. BOOK 694, PAGE 1638, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND; THE WEST ONE-HALF OF THE Ordinance No. 1093 Page 3 of 12 fir►' '"w SOUTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING TWO (2) PARCELS OF LAND: PARCEL 1: COMMENCE AT THE SOUTHWEST CORNER OF WOODLAND PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 28, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE BEAR NORTH 87 DEGREES 51 MINUTES 05 SECONDS EAST ALONG THE SOUTH BOUNDARY OF SAID WOODLAND PARK, A DISTANCE OF 230.73 FEET TO THE SOUTHWEST CORNER OF LOT4 IN BLOCK40 OF SAID WOODLAND PARK, FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 05 SECONDS EAST ALONG SAID SOUTH BOUNDARY LINE, A DISTANCE OF 99.74 FEET TO THE SOUTHWEST CORNER OF LOT 5 IN SAID BLOCK 40; THENCE BEAR SOUTH 01 DEGREES 53 MINUTES 18 SECONDS EASTALONG THE SOUTHWARD PROJECTION OF THE EAST LINE OF SAID LOT 5, A DISTANCE OF 76.01 FEET; THENCE BEAR SOUTH 87 DEGREES 51 MINUTES 05 SECONDS WEST, PARALLEL WITH THE SAID SOUTH BOUNDARY LINE OF WOODLAND PARK, A DISTANCE OF 99.74 FEET TO A POINT THAT LIES ON THE SOUTHWARD EXTENSION OF THE WEST LINE OF SAID LOT 4; THENCE BEAR NORTH 01 DEGREES 53 MINUTES 18 SECONDS WEST, A DISTANCE OF 76.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING. AND; PARCEL 2: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST ONE -QUARTER OF SOUTHWEST ONE -QUARTER OF NORTHEAST ONE -QUARTER; THENCE BEAR NORTH 87 DEGREES 50 MINUTES 00 SECONDS EASTALONG THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER OF SOUTHWEST ONE -QUARTER OF NORTHEAST ONE -QUARTER, A DISTANCE OF 230.63 FEET; THENCE BEAR SOUTH 01 DEGREES 45 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.00 FEET; THENCE BEAR SOUTH 87 DEGREES 50 MINUTES 00 SECONDS WEST, PARALLEL WITH AFORESAID NORTH LINE, A DISTANCE OF 160.00 FEET; THENCE BEAR NORTH 45 DEGREES 13 MINUTES 37 SECONDS WEST, A DISTANCE OF 102.65 FEET TO THE POINT OF BEGINNING; CONTAINING 12.210 ACRES, MORE OR LESS. (MAP ID NO. 6) BEING A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE -QUARTER OF SECTION 22,TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE -QUARTER, OF SAID SECTION 22, THENCE SOUTH 00 DEGREES 17 MINUTES 36 SECONDS EAST ALONG THE WEST BOUNDARY LINE OF SAID SECTION 22, A DISTANCE OF 212.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 49 SECONDS EAST A DISTANCE OF 1,441.65 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF TAYLOR CREEKAS SHOWN ON A PLAT RECORDED IN PLAT BOOK 2, PAGE 83; THENCE SOUTH 16 DEGREES 59 MINUTES 49 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 319.94 FEET; THENCE SOUTH 19 DEGREES 38 MINUTES 07 SECONDS WEST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 838.97 FEET; THENCE SOUTH 20 DEGREES 17 MINUTES 30 SECONDS WEST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 455.95 FEET, TO THE NORTH LINE OF PARCEL 4 AS DESCRIBED IN O.R. BOOK 507, PAGE 209 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID LINE MEASURING 901.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22. THENCE SOUTH 89 DEGREES 20 MINUTES 09 SECONDS WEST ALONG A LINE BEING 901.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF SECTION 22, A DISTANCE OF 517.92 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 36 SECONDS WEST, ALONG A LINE MEASURING 210.00 FEET EAST OF WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE WEST BOUNDARY OF SAID SECTION 22, A DISTANCE OF 36.00 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 09 SECONDS WEST, ALONG A LINE MEASURING 937.00 FEET NORTH OF WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTHERLY Ordinance No. 1093 Page 4 of 12 KMOW BOUNDARY OF SAID SECTION 22, A DISTANCE OF 210.00 FEET, TO A POINT ON THE AFOREMENTIONED WEST BOUNDARY LINE OF SAID SECTION 22; THENCE NORTH 00 DEGREES 17 MINUTES 36 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION 22, A DISTANCE OF 1008.37 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 09 SECONDS EAST, PERPENDICULAR TO AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID SECTION 22, A DISTANCE OF 200.00 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 36 SECONDS WEST ALONG A LINE 200.00 FEET PERPENDICULAR TO AND PARALLEL WITH THE WESTERLY BOUNDARY OF SECTION 22 A DISTANCE OF 450.00 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 09 SECONDS WEST ALONG A LINE PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SECTION 22, A DISTANCE OF 200.00 FEET, TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY LINE OF SAID SECTION 22; THENCE NORTH 00 DEGREES 17 MINUTES 36 SECONDS WEST, ALONG SAID LINE WESTERLY BOUNDARY, A DISTANCE OF 32.50 FEET TO THE POINT OF BEGINNING; CONTAINING 32.800 ACRES, MORE OR LESS. (MAP ID NO. 7) BEGINNING 244.5 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST (SAID POINT BEING ALSO THE NORTHWEST CORNER OF THAT SECOND PARCEL OF LAND DESCRIBED IN O.R. BOOK 151, PAGE 633, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA) AND RUN NORTH ALONG THE WEST LINE OF SAID SECTION 22, A DISTANCE OF 32.65 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTHEAST 8T" STREET; THENCE RUN EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SOUTHEAST 8T" STREET, A DISTANCE OF 200.01 FEET; THENCE RUN SOUTHERLY ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 22, A DISTANCE OF 31.60 FEET TO THE NORTHEAST CORNER OF THE AFORESAID PARCEL OF LAND DESCRIBED IN O.R. BOOK 151, PAGE 633; THENCE RUN WEST ALONG THE NORTH LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN O.R. BOOK 151, PAGE 633, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2.210 ACRES, MORE OR LESS. (MAP ID NO. 8) THE NORTH 132 FEET OF THE NORTHWEST ONE -QUARTER OF SOUTHWEST ONE -QUARTER OF SOUTHEAST ONE -QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; CONTAINING 2.0 ACRES, MORE OR LESS. (MAP ID NO. 9) BEGINNING 89 FEET NORTH OF THE NORTHWEST CORNER OF NORTHWEST ONE-HALF OF SOUTHEAST ONE -QUARTER AND RUN EAST ON A LINE PARALLEL WITH THE NORTH BOUNDARY OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, FOR A DISTANCE OF 300 FEET FOR A POINT OF BEGINNING: FROM SAID POINT OF BEGINNING THENCE CONTINUE EAST FORA DISTANCE OF 200 FEET; THENCE SOUTH, ON A LINE PARALLEL WITH THE WEST BOUNDARY OF SAID SECTION 22, A DISTANCE OF 749 FEET TO A POINT; THENCE RUN WEST ON A LINE PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION 22, A DISTANCE OF 200 FEET TO A POINT, THENCE NORTH ON A LINE PARALLEL WITH THE WEST BOUNDARY OF SAID SECTION 22,749 FEET TO THE POINT OF BEGINNING, CONTAINING 3.44 ACRES, MORE OR LESS AND INCLUDING THE WEST'/27 ACRES OF A PARCEL BEING 150 FEET WIDE AND PARALLEL TO THE 3/44 ACRES; CONTAINING 4.710 ACRES, MORE OR LESS. A TRACT OF LAND BEING A PORTION OF GOVERNMENT LOT 7 AND THE EAST ONE-HALF OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 22; THENCE SOUTH 89 DEGREES 53 MINUTES 15 SECONDS WEST 842.68 FEET; THENCE NORTH 00 DEGREES 57 MINUTES 53 SECONDS WEST738.27 FEET TO A POINT ON THE SOUTH BOUNDARY OF WRIGHT'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS Ordinance No. 1093 Page 5 of 12 OF OKEECHOBEE COUNTY, FLORIDA; THENCE EAST ALONG SAID SOUTH BOUNDARY LINE OF WRIGHT'S FIRST ADDITION 504.36 FEET; THENCE SOUTH 00 DEGREES 28 MINUTES 30 SECONDS EAST, AND PARALLEL TO THE EAST BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 22, A DISTANCE OF 210.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 15 SECONDS WEST 16.00 FEET; THENCE SOUTH 00 DEGREES 28 MINUTES 30 SECONDS EAST AND PARALLEL TO SAID EAST BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER, A DISTANCE OF 77.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 15 SECONDS EAST 116.00 FEET; THENCE SOUTH 00 DEGREES 28 MINUTES 30 SECONDS -EAST AND PARALLEL TO SAID EAST BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER, A DISTANCE OF 428.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 15 SECONDS EAST 245.00 FEET TO A POINT ON SAID EAST BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER; THENCE SOUTH 00 DEGREES 28 MINUTES 30 SECONDS EAST ALONG SAID EAST BOUNDARY LINE 22.22 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 7, SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, RUN NORTH 00 DEGREES 38 MINUTES 15 SECONDS WESTA DISTANCE OF 76.27 FEET TO THE SOUTH BOUNDARY OF WRIGHT'S FIRSTAND SECONDADDITION; THENCE RUN WESTA DISTANCE OF 274 FEET; THENCE CONTINUE WEST 71 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 00 DEGREES 28 MINUTES 30 SECONDS EAST A DISTANCE OF 210.00 FEET; THENCE RUN WEST A DISTANCE OF 16.00 FEET; THENCE RUN NORTH 00 DEGREES 28 MINUTES 30 SECONDS WEST A DISTANCE OF 210.00 FEET; THENCE RUN NORTH 89 DEGREES 53 MINUTES 15 SECONDS EAST A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. CONTAINING 9.500 ACRES, MORE OR LESS. (MAP ID NO. 10) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 115, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE NORTHWEST CORNER OF PARCEL 4 OF PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST BOUNDARY OF SAID PARCEL 4 TO THE INTERSECTION WITH THE CENTERLINE OF NORTHEAST 4T" STREET (FORMERLY TENTH AVENUE) FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF BLOCK 116 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116; THENCE RUN EAST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF NORTHEAST4T" STREET (FORMERLYTENTH AVENUE) EXTENDED EAST; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE, TO THE POINT OF BEGINNING; CONTAINING 0.490 ACRES, MORE OR LESS. (MAP ID NO. 11) THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE-QUARTERAND NORTH ONE-HALF OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER SOUTH OF THE SAL RAILROAD RIGHT- OF-WAY; SOUTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER; THE SOUTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER; NORTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER; AND THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER LYING Ordinance No. 1093 Page 6 of 12 Nftw EAST OF TAYLOR CREEK; FRACTIONAL NORTHWEST ONE -QUARTER EAST OF TAYLOR CREEK AND SOUTH OF THE SAL RAILROAD; AND ALL THAT PORTION OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER AND THE SOUTHEAST ONE -QUARTER OF NORTHWEST ONE -QUARTER, SOUTH OF THE SAL RAILROAD IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THAT LIES EAST OF TAYLOR CREEK IMPROVED CHANNEL AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA: LESSAND EXCEPT A PORTION OF THE SOUTHEAST ONE -QUARTER AND A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER CORNER ON THE SOUTH LINE OF SAID SECTION 15, BEAR NORTH 00 DEGREES 10 MINUTES 04 SECONDS EAST ALONG THE ONE -QUARTER SECTION LINE A DISTANCE OF 1399.41 FEET TO THE POINT OF BEGINNING. THENCE BEAR NORTH 89 DEGREES 25 MINUTES 18 SECONDS EASTALONG A LINE 80.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF SAID SECTION 15, A DISTANCE OF 673.21 FEET TO THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 15; THENCE BEAR NORTH 00 DEGREES 11 MINUTES 25 SECONDS WESTALONG THE AFORESAID EAST LINE A DISTANCE OF 450.00 FEET; THENCE BEAR SOUTH 89 DEGREES 25 MINUTES 18 SECONDS WEST A DISTANCE OF 873.03 FEET; THENCE BEAR SOUTH 00 DEGREES 10 MINUTES 04 SECONDS EAST A DISTANCE OF 83.36 FEET; THENCE BEAR SOUTH 89 DEGREES 25 MINUTES 18 SECONDS WEST A DISTANCE OF 119.60 FEET TO THE EASTERLY SHORE LINE OF TAYLOR CREEK; THENCE BEAR THE FOLLOWING COURSES IN A SOUTHERLY DIRECTION ALONG THE EASTERLY SHORE LINE OF TAYLOR CREEK AS FOLLOWS: SOUTH 36 DEGREES 59 MINUTES 52 SECONDS EAST A DISTANCE OF 70.15 FEET, SOUTH 26 DEGREES 01 MINUTE 09 SECONDS EAST A DISTANCE OF 49.01 FEET; SOUTH 20 DEGREES 22 MINUTES 54 SECONDS EAST A DISTANCE OF 24.40 FEET, SOUTH 09 DEGREES 48 MINUTES 57 SECONDS EAST A DISTANCE OF 23.52 FEET, SOUTH 02 DEGREES 45 MINUTES 22 SECONDS EAST A DISTANCE OF 49.28 FEET, SOUTH 0 DEGREES 20 MINUTES 24 SECONDS EAST A DISTANCE OF 49.34 FEET, SOUTH 02 DEGREES 34 MINUTES 03 SECONDS WEST A DISTANCE OF 76.66 FEET, SOUTH 00 DEGREES 53 MINUTES 25 SECONDS WEST A DISTANCE OF 44.65 FEET; THENCE BEAR NORTH 89 DEGREES 25 MINUTES 18 SECONDS EASTA DISTANCE OF 245.92 FEET TO THE POINT OF BEGINNING. AND LESS THE FOLLOWING PARCEL CONTAINING 1 ACRE, MORE OR LESS: A PARCEL OF LAND LYING IN THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, THENCE PROCEED SOUTH 89 DEGREES 21 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 89 DEGREES 21 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 208.70 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00 DEGREES 20 MINUTES 48 SECONDS WEST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER A DISTANCE OF 208.70 FEET; THENCE DEPARTING SAID PARALLEL LINE, RUN NORTH 89 DEGREES 21 MINUTES 13 SECONDS EAST A DISTANCE OF 208.70 FEET; THENCE RUN SOUTH 00 DEGREES 20 MINUTES 48 SECONDS EAST ALONG A LINE PARALLEL WITH AND 70.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID EAST LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, A DISTANCE OF 208.70 FEET TO THE POINT OF BEGINNING. CONTAINING 51.190 ACRES, MORE OR LESS. Ordinance No. 1093 Page 7 of 12 *rn' Nomlor (MAP ID NO. 12A) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGATTHE SOUTHEAST CORNER OF BLOCK 52, OKEECHOBEE, ACCORDING TO THE PLATTHEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND SOUTHERLY PROJECTION THEREOF OF BLOCKS 82 AND 83, OF SAID PLAT OF OKEECHOBEE AND ALSO ALONG THE WESTERN BOUNDARY OF PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3,PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE INTERSECTION WITH THE CENTERLINE OF NORTHEAST 6T" STREET (FORMERLY TWELFTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID BLOCK 52 EXTENDED EAST; THENCE RUN WEST, ALONG SAID SOUTH LINE EXTENDED, TO THE POINT OF BEGINNING; CONTAINING ACRES, MORE OR LESS. (MAP ID NO. 14) LOTS 8 THROUGH 13, AND 20 THROUGH 25 OF BLOCK 32, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. LOTS 1 THROUGH 6 AND 20 THROUGH 26 OF BLOCK 35, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. (MAP ID NO. 15) LOTS 1 THROUGH 8, INCLUSIVE OF BLOCK 1, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. LOTS 1 THROUGH 6 AND 21 THROUGH 26 OF BLOCK 2, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. LOTS 1 THROUGH 8 AND 21 THROUGH 26 OF BLOCK 15, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. LOTS 1 THROUGH 11, INCLUSIVE OF BLOCK 16, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. (MAP ID NO. 18) 5.919 ACRES CONSISTING OF A STRIP OF LAND 150 FEET WIDE LYING BETWEEN BLOCKS 6, 11, 22, 27 AND LOTS 1 TO 3 OF 40, ACCORDING TO PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, AS THE EAST BOUNDARY, NORTHWEST 8T"AVENUE (FORMERLY TUSCALOOSA STREET) AS THE WEST BOUNDARY, AND NORTHWEST 14T" STREET AS THE NORTH BOUNDARY. PROPERTY IS A PORTION OF THE ABANDONED FLORIDA EAST COAST RAILWAY COMPANY RIGHT-OF-WAY CONTAINING 5.919ACRES, AND ALL THAT PART OF NORTHWEST 14T" STREET LYING EAST OF NORTHWEST 9T" AVENUE AND WEST OF THE WEST LINE OF LOT 1, BLOCK 6, IF SAID WAS PROJECTED NORTHERLY; ALL OF THE ALLEYWAY LYING WITHIN BLOCK 7; ALL THAT PART OF NORTHWEST 13T" STREET LYING WEST OF NORTHWEST 8T" AVENUE AND EAST OF NORTHWEST 9T" AVENUE; ALL THAT PART OF NORTHWEST 8T" AVENUE LYING NORTH OF THE SOUTH LINE OF LOT 1, BLOCK 10, IF SAID LINE WAS PROJECTED EASTERLY AND SOUTH OF NORTHWEST 14T" STREET; ALL LOCATED WITHIN AND ACCORDING TO THE PLAT OF OKEECHOBEE, SECTION 16, TOWNSHIP 37 SOUTH RANGE 35 EAST AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1093 Page 8 of 12 w✓ NOW B. The zoning for the following described properties, are hereby changed from Holding to Industrial (IND), as the subject property, located in the City of Okeechobee, to -wit: (MAP ID NO. 12B) PORTIONS OF ABANDONED CITY STREETS: NORTHEAST 8T" STREET, FROM 4T" AVENUE EAST TO TAYLOR CREEK; NORTHEAST 6T" AVENUE, FROM 7T" STREET NORTH TO CSX RAILROAD; RIVERSIDE DRIVE ALONG WEST SIDE OF TAYLOR CREEK AND CONTIGUOUS TO BLOCKS 52 AND 53, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (MAP ID NO. 12C) BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK 1, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, RUN THEN SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND THE SOUTHERLY PROJECTION THEREOF, OF BLOCKS 1, 16, 17, 32, 33, 34 AND 51 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARDAIRLINE RAILROAD RIGHT-OF-WAY; THENCE RUN EAST, ALONG THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY, TO THE WESTERN SHORE LINE OF THE ONOSHOHATCHEE RIVER OR TAYLOR CREEK, AS NOW LOCATED; THENCE RUN NORTHERLY, MEANDERING ALONG SAID WESTERN SHORE LINE OF SAID CREEK, AS NOW LOCATED, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID SECTION 15; THENCE RUN WEST, ALONG SAID NORTH SECTION LINE, TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE NORTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT: A STRIP OF LAND 100.00 FEET IN WIDTH, LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT OF BEGINNING IS ALSO SHOWN ON SURVEY OF RIVERSIDE DRIVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; SAID POINT OF BEGINNING IS ALSO A POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF NORTHEAST 13T" STREET, (FORMERLY NINETEENTH STREET), AND THE WESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE BEAR NORTH 89 DEGREES 56 MINUTES 33 SECONDS EAST ALONG THE EASTWARD PROJECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID NORTHEAST 13 T" STREET A DISTANCE OF 108.33 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE BEARSOUTH 22 DEGREES40 MINUTES 26 SECONDS WEST ALONG THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE A DISTANCE OF 108.33 FEET; THENCE BEAR SOUTH 89 DEGREES 56 MINUTES 33 SECONDS WEST PARALLEL WITH THEAFORESAID NORTHERLY RIGHT-OF-WAY LINE OF NORTHEAST 13T" STREET TO THE INTERSECTION WITH THE SAID WESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE A DISTANCE OF 108.33 FEET; THENCE BEAR NORTH 22 DEGREES 40 MINUTES 26 SECONDS EAST ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE A DISTANCE OF 108.33 FEET TO THE POINT OF BEGINNING; CONTAINING 0.990 ACRES, MORE OR LESS. (MAP ID NO. 13B) THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING NORTH OF THE SAL RAILROAD LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE, FLORIDA. CONTAINING 0.360 ACRES, MORE OR LESS. C. The zoning for the following described property, is hereby changed from Holding to Public Facilities (PUB), as the subject property, located in the City of Okeechobee, Ordinance No. 1093 Page 9 of 12 0 M to -wit: (MAP ID NO. 13A) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS: COMMENCEATTHE NORTHEAST CORNER OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 15, THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 15, A DISTANCE OF 97.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS WEST ALONG SAID NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 15, A DISTANCE OF 1246.11 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 15; THENCE SOUTH 89 DEGREES 23 MINUTES 09 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 15, A DISTANCE OF 1802.64 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF THE TAYLOR CREEK WATERSHED EASEMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 26 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE SOUTH 31 DEGREES 33 MINUTES 02 SECONDS WEST ALONG SAID EASTERLYTAYLOR CREEK EASEMENT LINE, A DISTANCE OF 50.86 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID EASEMENT LINE, SAID CURVE BEING CONCAVE TO THE EAST, HAVING A RADIUS OF 190.00 FEET AND ACENTRALANGLE OF 59 DEGREES47 MINUTES 35 SECONDS; THENCE SOUTHERLYALONG THE ARC OF SAID CURVE, A DISTANCE OF 198.28 FEET TO THE END OF SAID CURVE; THENCE SOUTH 28 DEGREES 14 MINUTES 33 SECONDS EAST CONTINUING ALONG SAID EASTERLY EASEMENT LINE, A DISTANCE OF 208.83 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST PARALLEL WITH THE AFORESAID NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 15, A DISTANCE OF 324.62 FEET; THENCE SOUTH 00 DEGREES 36 MINUTES 51 SECONDS EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 232.67 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 513.00 FEET; THENCE NORTH 00 DEGREES 36 MINUTES 51 SECONDS WEST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 400.00 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 09 SECONDS EAST, PARALLEL WITH AND 250.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID NORTH BOUNDARY LINE OF SECTION 15, A DISTANCE OF 2148.74 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 11 SECONDS WEST, A DISTANCE OF 250.00 FEETTO THE INTERSECTION WITH SAID NORTH BOUNDARY LINE OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 15 AND THE POINT OF BEGINNING; CONTAINING 23.860 ACRES, MORE OR LESS. D. The zoning for the following described properties, are hereby changed from Holding to Heavy Commercial (CHV), as the subject property, located in the City of Okeechobee, to -wit: (MAP ID NO. 16) LOTS 9 AND 10 OF BLOCK 15, CITY OF OKEECHOBEE SUBDIVISION, PLAT BOOK 1, PAGE 10, OKEECHOBEE COUNTY, PUBLIC RECORDS. E. The zoning for the following described property, is hereby changed from Holding to Residential Multiple Family (RMF), as the subject property, located in the City of Okeechobee, to -wit: (MAP ID NO. 17) THAT PORTION OF THE FLORIDA EAST COAST RAILWAY COMPANY RIGHT-OF-WAY, SINCE ABANDONED, AND OF NORTH CURVE STREET, SINCE ABANDONED, AS SHOWN ON PLAT OF FIRST ADDITION TO OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 11 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, WHICH IS Ordinance No. 1093 Page 10 of 12 `0W Nue BOUNDED ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF BLOCK 251, (SAME ALSO BEING A PART OF THE EAST LINE OF A TRACT OF LAND KNOWN AS THE STATION GROUNDS OF SAID RAILWAY COMPANY), AND ON THE SOUTH BY A LINE EXTENDING FROM THE SOUTHERNMOST POINT OF BLOCK 191, AS SHOWN ON THE PLAT OF THE TOWN OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, IN A WESTERLY DIRECTION, SAID LINE BEING NORTH OF AND PARALLEL WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SOUTHWEST 3RD STREET, AND WHICH IS BOUNDED ON THE NORTH BY WESTERLY EXTENSION OF THE NORTH LINE OF SOUTHWEST 5T" STREET, OF SAID TOWN OF OKEECHOBEE AFORESAID AND ALL THAT PART OF SOUTHWEST 4T" STREET AND 5T" STREET LYING WEST OF SOUTHWEST 7T" AVENUE IN SAID TOWN OF OKEECHOBEE; CONTAINING 1.600 ACRES, MORE OR LESS. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed to the appropriate zoning as noted above in Section One. 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 at a Public Hearing and set for Final Public Hearing on this 16' day of October, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of January, 2013. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1093 Page 11 of 12 ■��■� loll ��iii dill 11�1111■1 111111 TWbit 5 RESOLUTION NO. 12-09 Oct 16, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 21 THROUGH 27, 2012, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, City Government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City Government Officials and Employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by City Government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City of Okeechobee does encourage all citizens, City Government Officials and Employees to do everything possible to ensure that this week is recognized and celebrated accordingly. SECTION 2. Thatthe Cityof Okeechobee does encourage educational partnerships between City Government and schools. SECTION 3_ That the City of Okeechobee does support and encourage all City Governments to actively promote and sponsor "Florida City Government Week." Resolution No. 12-09 Page 1 of 2 En 0 SECTION 4. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 161" day of October, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-09 Page 2 of 2 `W Exhibit 6 RESOLUTION NO. 12-10 Oct 16, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING THE CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to enter into an agreement with the Florida Department of Transportation (FDOT) to improve transportation facilities on the State Highway System; and WHEREAS, the City of Okeechobee is willing to install turn lanes on State Road 70 (Park Street) between mile post 10.152 (Southeast 10w Avenue) and mile post 10.334 (Southeast 13' Avenue), Okeechobee, Florida; and WHEREAS, FDOT requires that the City of Okeechobee adopt a Resolution authorizing execution of a Construction Agreement. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the Construction Agreement for this project with the FDOT is approved. SECTION 2. That David Allen, Public Works Director, City of Okeechobee is authorized to execute the Construction Agreement with the FDOT. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 16" day of October, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-10 Page 1 of 1 A 4"'. *4111111le too STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION M-040-89 CONSTRUCTION AGREEMENT MAINTENANCE OGC -04112 Page 1 of 4 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, (_Address) 4722 Kenilworth Blvd., Sebring, FL 338% (hereinafter referred to as the "DEPARTMENT") and Cit-yof Okeechobee (Address) 55 SE 3rd Ave:, %eednbee, FL 34974 (hereinafter referred to as the 'Construction Coordinator"). WITNESSETH: WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the planning, development, and operation of the State Highway System; and WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property owner to finance, construct, and improve public transportation facilities; and WHEREAS, the Construction Coordinator proposes to construct certain improvements to SR 70 Section 91070 Subsection N/A from Begin MP 10.152 to End MP 10.334 Local Name qR 70 Ttrrrt 1 anes (A lebpe',$) located in Okeechobee County (hereinafter referred to as the "Project"); and WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the Department upon acceptance of the work. NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions: 1. The recitals set forth above are specifically incorporated herein by reference and made a part of this Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the DEPARTMENTS right of way to perform all activities necessary for the construction of See attached exhibit A scope of services/special provisions. 2. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual (°PPM") Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Construction Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should construction be suspended for more than 5 working days. 4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Project. Such amount shall be carried in a minimum amount of not less than N/A and 001100 Dollars ($ N/A ? for bodily injury or death to any one person or any number of persons in any one occurrence, and not less than N/A and 00/100 Dollars ($ N/A ) for property damage, or a combined coverage of not less than NIA and 00/100 Dollars ($ N/A ). Additionally, the Construction Coordinator shall supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a surety authorized to do business in the State of Florida, payable to the DEPARTMENT. The bond and insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall i 850-040-89 MAINTENANCE OGC — 04112 Page 2 of 4 provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. if the Construction Coordinator is a local governmental entity they will be exempt from these requirements. 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ('MOT') throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards ' must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. 12. All work and construction shall be completed within days of the date of the last signature affixed to this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction Coordinator. 13. The Construction Coordinator shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 14. The Construction Coordinator will be responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 15. Upon completion of construction, the Construction Coordinator will be required to submit to the DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project 16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the Construction Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction CM cm &%-o4o-9s MAINTENANCE OGC —04/12 Page 3 of 4 Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction Coordinator shall pay the invoice within thirty (30) days of the date of the invoice. 17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability for tort actions as set forth in Section 768.28(5), Florida Statutes. 18. All formal notices, proposed changes and determinations between the parties hereto and those required by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information listed below. 19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of DEPARTMENT right of way. 20. This Agreement shall be governed by the laws of the State of Florida in terms of. interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the DEPARTMENTS District Secretary or his/her designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such delegation shall not release the Construction Coordinator from its obligation to perform this Agreement. 22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 23. This instrument, together with the attached exhibits and documents made part hereof by reference, contain the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 25. The failure of either party to insist on one or more occasions on the strict performance or compliance with any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce the same. 26. No term or provision of this Agreement shall be interpreted for or against any party because that party or that parry's legal representative drafted the provision. 27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction Coordinator, including, without limitation, performance of the Project within the DEPARTMENTS right of way. The term "liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities. The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of Exhibit 3 MEMORANDUM Oct16,2012 NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 October 1, 2012 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Overview of CDBG Housing Applicants - RFP ADM-05-00-09-12 CDBG Contract No.: I ODB-05-07-57-02-HO8 On September 19, 2012 bids were received and opened for seven (7) CDBG housing projects. The bid opportunity was advertised in the local newspaper on September 2, 2012. Ten (10) contractors attended the mandatory walk-thru and six (6) submitted bids. With the adoption of the City's new Housing Assistance Plan (HAP) program guidelines, the bid should be awarded to the lowest responsible and responsive bidder who is within a 15 percent range that is below and above the cost estimate. A copy of the bid tabulation is attached to this memorandum for your review. The cost estimate was derived from local fair market construction costs. Also noted in the City's HAP it states "Each contractor must satisfactorily complete one job through the Housing Rehabilitation Program before receiving any additional contracts....". Due to this requirement, the Patricia Anderson rehabilitation project was awarded in a manner that was most cost-effective to the program and not necessarily to the apparent low bidder. By doing this, the work is spread among five (5) contractors who will now have the opportunity to complete the one job requirement. A copy of the bid tabulation is attached to this memorandum. The four (4) housing rehabilitation projects are noted below: Owner Patricia Anderson Address 912 NW 12te Street, Okeechobee, FL. Item # System Description of Work Location 001 FIooring Install new baseboards throughout the home. Various 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airhandler in existing space. Exterior HVAC system shall be new central electric minimum 15 SEER, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new windows throughout home; Windows shall Various Doors be Insulated Impact resistant glass with Low -Solar -Gain Low-E Glavin , Energy Star labeled and Hurricane Page I ,%W `"w V approved. Bedroom windows must be sized properly for egress. Include all windowsills and finish work necessary. Install a new prehung interior door in the bathroom. Install new closet doors in the master bedroom, third bedroom and linen closet. 004 Electrical Install a new Iighting fixture with globe in the kitchen. Various Wire the entire home to meet NEC and install GFCI outlets in all wet areas of the home. Install a new exhaust fan in the bathroom. Install hard wired smoke detectors in all common areas of the home. Install new ceiling fans with light fixture and globe in all bedrooms. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior walls one main color and prime and paint all ceilings white. 006 Exterior Remove and replace roofing shingles over pitched roof, Exterior sheathing, eave drip, fascia and all soffit, install new rolled roofing over the flat portion of the roof. 007 Insulation Install attic insulation to meet R-30. Attic 008 Plumbing Install new kitchen cabinets with the same footage to include the bar, new countertops, sink, fixture, shutoff valves and plumbing lines. 009 Interior Repair all damaged or deteriorated drywall throughout Various the home to include all trim, taping and texture best to match existing. 010 Appliances Install a new microwave with range hood combination Kitchen in the kitchen. Bids Submitted: Cost Estimate: Clean Cuts, LLC McHaffey Construction Neal Long Construction Platinum Performance Builders Sweat Trucking & Paving White Sands Construction $44,200.00 $44,075.00 $49,150.00 $39,998.00 $37,450.00 No Bid Submitted $46,787.75 - �IM0, v. ,i Recommendation — Consider award for Patricia Anderson project to the most cost-effective bidder based upon HAP requirement that each contractor must have successfully completed one job prior to being awarded multiple projects. The most cost-effective contractor is McHaffey Construction, w o is within e 15 percent range elow or above the cost estimate, in the amount of W,075.00. Owner Gloria Goulette Address 809 SE 9t° Court, Okeechobee, FL. Item # System Description of Work Location Page 2 001 Flooring Install sheet vinyl in all wet areas of the home and Various carpet in the living room, dining room and all bedrooms of the home. 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airhandler in existing space. Exterior HVAC system shall be new central electric minimum 15 seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new prehung exterior door at the rear and front Various Doors entrance, install all new closet doors and new interior prehung doors throughout the entire home. Install new windows throughout home; Windows shall be Insulated Impact resistant glass with Low -Solar -Gain Low-E Glazing, Energy Star labeled and Hurricane approved. Bedroom windows must be sized properly for egress. Include all windowsills and finish work necessary. 004 Electrical Install hardwired smoke detectors in hallway and Various bedrooms. Install a new light fixture with globe in the utility room. Install a new 200 amp electrical panel box and wire the entire home to meet NEC. Install GFCI outlets in all wet areas of the home. Remove the wall - mounted heater in the living room and bath, repair drywall to include all taping texture and finish work necessary to the wall. Remove the ceiling fan from the kitchen, repair drywall, correct all existing Nviring and remove switch panel from wall. Install new electrical outlets, outlet covers, switches and switch plate covers throughout the entire home. Install carbon monoxide detectors to meet current code. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior walls one main color and prime and paint all ceilings white. 006 Interior Repair all damaged or deteriorated drywall throughout Various the home to include all trim, taping and texture best to match existing. Remove all wall covering throughout the home and reinstall drywall where needed, to include all taping texture and finish work necessary. Complete all drywall and finish work necessary to complete the utility room. In the main bathroom securely anchor the linen closet to the wall. 008 Exterior Remove and replace roofing shingles, sheathing, eave Exterior drip, fascia and all soffit. Remove and reinstall pressure - treated plywood on the rear porch ceiling to include all trim and finish work. Install a new garage door to meet the current hurricane code. 009 Insulation Install attic insulation to meet R-30. Attic 010 Plumbing Replace the hose bib located to the left of the rear Various entrance. Install a new shower with surround and toilet to include all plumbing and new fixtures in the utility room. Install new kitchen cabinets with the same footage to include new countertops, sink, fixture, shutoff valves and plumbing lines. Page 3 M CM Bids Submitted: Cost Estimate: In the main bathroom install a new porcelain bathtub with tile surround to include new fixture, drain line and all plumbing lines. Install a new toilet to include water supply line and shut off valve. Install a new vanity with new sink, fixture, shutoff valves, drain and supply lines. Clean Cuts, LLC McHaffey Construction Neal Long Construction Platinum Performance Builders Sweat Trucking & Paving White Sands Construction $56,700.00 $57,500.00 $64,800.00 $52,300.00 $58,157.00 No Bid Submitted -- $54,806.25 iq = ayo Recommendation — Consider award for Gloria Goulette project to low bidder, Clean Cuts, LLC, who is within the 15 percent range below or above the cost estimate, in the amount of $56,700.00. Owner Henrietta Ridley Address 1609 NW 7`h Avenue, Okeechobee. FL. Item # System Description of Work Location 001 Flooring Install sheet vinyl in all bedrooms and carpet in the den. Various 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airbandler in existing space. Exterior HVAC system shall be new central electric minimum 15 seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new prehung exterior doors at the rear and front Various Doors entrance of the home to include deadbolts and knobs keyed alike. Install new prehung interior doors in the bath and hallway closet. Install new windows screens where missing or damaged 004 Electrical Install hardwired smoke detectors in hallway and Various bedrooms. Install a new ceiling fan with fixture and globe in the kitchen and master bed room. Wire the entire home to meet NEC and install GFCI outlets in all wet areas of the home. Install a new energy star rated minimum 21 cu. ft. refrigerator, four burner stove with glass see through door and range hood. 005 Paint Paint exterior of home with one main color and one trim Various color. 006 Exterior Affix cable and telephone wires securely to the home Exterior 007 Insulation Install attic insulation to meet R-30. Attic 008 Plumbing Install new kitchen cabinets with the same footage to Various Page 4 on include new countertops, sink, fixture, shutoff valves and plumbing lines. In the main bathroom install a new porcelain bathtub with tile surround to include new fixture, drain line and all plumbing lines. Install a new vanity with new sink, fixture, shutoff valves, drain and supply Iines, new vanity must be appropriate size to fit opening. Plumb the water heater pressure relief to the exterior of the home. Bids Submitted: Clean Cuts, LLC $32,550.00 McHaffey Construction $34,175.00 Neal Long Construction $29,800.00 `.9' S`lL Platinum Performance Builders $28,300.00 Sweat Trucking & Paving $24,364.00 White Sands Construction No Bid Submitted Cost Estimate: $33,637.50 (5 0 `t 6 j 5 Recomtmendation — Consider award for Henrietta Ridley project to low bidder, Neal Long Construction, who is within the 15 percent range below or above the cost estimate, in the amount of $29,800.00. Owner Harry Schock Address 1805 NW 7"' Avenue, Okeechobee, FL. Item # System Description of Work Location 001 Flooring Install sheet vinyl flooring throughout entire home to Various include baseboards. 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airhandler in existing space. Exterior HVAC system shall be new central electric minimum 15 SEER, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new windows throughout home; Windows shall Various Doors be Insulated Impact resistant glass with Low -Solar -Gain Low-E Glazing, Energy Star labeled and Hurricane approved. Bedroom windows must be sized properly for egress. Include all windowsills and finish work necessary. Install new exterior prehung and interior prehung doors throughout the entire home, include keyed alike deadbolts and knobs on exterior doors. 004 Electrical Install new ceiling fans with light fixture and globe in Various the living room and all bedrooms. Install a new exterior light fixture with globe on exterior of home. Install carbon monoxide detectors in home to meet current code. Page 5 IM EM Install a new range hood in kitchen. Install hard wired smoke detectors in all common areas of the home. Wire the entire home to meet NEC and install GFCI outlets in all wet areas of the home. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior walls one main color and prime and paint all ceilings white. 006 Exterior Remove and replace roofing shingles, sheathing, eave Exterior drip, fascia and all soffit screens. Install new attic vents on the gable ends. Remove existing gutters from the front of the home and reinstall, include all hardware or missing components needed to complete. 007 Insulation Install attic insulation to meet R-30. Attic 008 Plumbing Install new kitchen cabinets with the same footage to Various include new countertops, sink, fixture, shutoff valves and plumbing lines. In the main bathroom install a new porcelain bathtub with tile surround to include new fixture, drain line and all plumbing lines. Install a new toilet to include water supply line and shut off valve. Install a new vanity with new sink, fixture, shutoff valves, drain and supply lines. Install a new electric water heater comparable to existing size to include all electrical work and plumbing the pressure relief to the exterior of the home. 009 Interior Repair all damaged or deteriorated drywall throughout Various the home to include all trim, taping and texture best to match existing. Install white wire closet shelves in all closets. 010 Appliances Install a new gas four burner stove with auto pilot. Kitchen Bids Submitted: Cost Estimate: Clean Cuts, LLC McHaffey Construction Neal Long Construction Platinum Performance Builders Sweat Trucking & Paving White Sands Construction $53,800.00 $53,900.00 $60,300.00 $49,300.00 $50,000.00 No Bid Submitted $51,423.75 Recommendation — Consider award for Harry Schock project to low bidder, PjaWwm Performance Builders, who is within the 15 percent range below or above the cost estimate, in the amount of $49,300.00. Owner Cebrena Thomas Address 925 NW 11'h Street, Okeechobee. FL. Page 6 Item # System Description of Work Location 001 Flooring Install sheet vinyl and new baseboards throughout the Various home. 002 HVAC Install new HVAC system in home, include all work Interior/ needed to accommodate airhandler in existing space. Exterior HVAC system shall be new central electric minimum 15 SEER, Energy Star Rated heating and air conditioning system with Service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 003 Windows/ Install new sliding door and windows throughout home; Various Doors Windows and door shall be Insulated Impact resistant glass with Low -Solar -Gain Low-E Glazing, Energy Star labeled and Hurricane approved. Bedroom windows must be sized properly for egress. Include all windowsills and finish work necessary. Install new closet and prehung interior doors throughout the entire home Install new exterior doors in the utility room and the front and rear entrance of the home with knobs and deadbolts keyed alike. 004 Electrical Install a new lighting fixture with globe in the kitchen, Various bath, front exterior and utility room. Wire the entire home to meet NEC and install GFCI outlets in all wet areas of the home. Install hard wired smoke detectors in all common areas of the home. Install new ceiling fans with light fixture and globe in all bedrooms, living and dining room. Install a new electric water heater comparable to existing size to include all electrical work and plumbing the pressure relief to the exterior of the home. Replace all electrical outlets, switches and all covers throughout the entire home. 005 Paint Paint exterior of home with one main color and one trim Various color. Paint all interior walls one main color and prime and paint all ceilings white. 006 Exterior Remove and replace fascia and all soffit. Exterior Install a concrete ramp at the front and exterior entrance. Install sod from the home to the property line right of way in the front yard. Install a new mailbox including address numbering. 007 Insulation Install attic insulation to meet R-30. Attic 008 Plumbing Install new kitchen cabinets with the same footage to Various include the bar, new countertops, sink, fixture, shutoff valves and plumbing Iines. In the main bathroom install a new porcelain bathtub with tile surround to include new fixture, drain line and In EM all plumbing lines. Install a new toilet to include water supply line and shut off valve. Install a new vanity with new sink, fixture, shutoff valves, drain and supply lines. 009 Interior Repair all damaged or deteriorated drywall throughout Various the home to include all trim, taping and texture best to match existing. Install handicap grab bars in the bathroom to meet ADA compliance. 010 Appliances Install a new energy star rated minimum 21 cu. & Kitchen refrigerator, four burner stove with glass see through door and range hood. Bids Submitted: Cost Estimate: Clean Cuts, LLC McHaffey Construction Neal Long Construction Platinum Performance Builders Sweat Trucking & Paving White Sands Construction $51,400.00 $59,905.00 $50,900.00 $44,986.00 $41,676.00 No Bid Submitted $45,827.50 Recommendation — Please table the award of the Cebrena Thomas project until the apparent low bidder, Sweat Trucking and Paving has completed the Shirley Roberts project. The award will be brought back to the City Council at a future meeting once Sweat Trucking and Paving have completed the one project requirement before being awarded any future projects. Two (2) demo/replacement projects were also put out to bid. The work write-up for each applicant is noted below: Owner Marilvn Smith Address 512 SE 101h Avenue, Okeechobee FL Item # System Description of Work Location 001 DEMOLITION Demolition and safe, legal, disposal of all materials and All clean up of job site for the construction of the new house. Special attention should be directed to the attached reports regarding asbestos and lead containing materials and recommendations in those reports. Any recommendations included in the reports regarding asbestos and lead shall become part of the Work 002 SITEWORK Provide mandatory boundary, site survey and plan. All CM Preparation of site for new construction shall include 36 inches of fill dirt for bidding purposes, any additional fell will be addressed through a change order , grading, compacting and testing necessary for this house including handicap accessible concrete ramp, curb cuts, driveways, driveway aprons, and sodding installed from the exterior of the home out to 20 feet unless more is required by current code. Any site in a flood zone shall be constructed at least one foot above base flood elevation. The required certificate of elevation is the responsibility of the contractor, if property is located in the flood zone and a copy must be submitted with the final pay request Treat for termites prior to pouring slab. 003 NEW STRUCTURE Site built homes shall consist of the following: All Minimum 1000 sq. k 2 bedroom, I bath, with additional 9' by I5' covered front porch and kitchen — dining and living room combination. Materials shall be concrete slab -on -grade, CMU walls, and shingled hip roof with Vinyl vented soffits, aluminum fascia and roof vents. All plans and permitting shall be the responsibility of the contractor. Exterior shall be painted with one main color and one trim color. 004 ELECTRICAL, Minimum 200 amp service and wiring to meet NEC. All APPLIANCES, (Note: electric service shall be located on side or rear AND HVAC of house). New 4 burner electric stove, new water heater, range hood, all electrical fixtures, switches, and other items necessary for a complete house in move -in condition. Provide new minimum 18 cu. ft. frost -free Energy Star Rated refrigerator. HVAC system shall be new central electric minimum 15 seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, electrical and other items necessary for a complete system. 005 INTERIOR Provide plaster or drywall walls, textured ceilings, new All carpet in living room, bedrooms and hall, and vinyl flooring in kitchen and bathroom. All walls and ceilings to be painted one color. Insulate walls to minimum R-19, and ceilings to R-30. Include all handicap accessible interior and exterior doors, screen doors, and closet doors necessary. Exterior doors shall include deadbolts, keyed alike. On M 006 SEPTIC SYSTEM Provide new septic system and drain field. For bidding purposes, provide price for an elevated system, with five feet of fill for the drain field and abandonment of All existing septic tank If a new septic is not required the final pay request will be adjusted based on this unit price. (The only allowable change order for this item is if a lift pump or additional fill is required) 007 PLUMBING New plumbing fixtures shall include toilet, bathtub or All shower with built in seat (homeowner to select which type), bathroom vanity and kitchen sink. Install washer and dryer hook-ups in enclosed space with louvered doors and utility shelving, and 2 exterior hose bibs. Connect to community water system if available, or existing well. 008 WINDOWS Windows shall be Insulated Impact resistant glass with All Low -Solar --Gain Low-E Glaazngs, Energy Star labeled and Hurricane approved. Number, size and location to be determined by contractor's plans. Bedroom windows must be sized properly for egress. 009 CABINETS Provide minimum 10' of base cabinets and Kitchen/ countertops, and 8' of wall cabinets in kitchen. Provide Bathroom medicine cabinet and mirror in bathroom with light above mirror. 010 MISC. Provide minimum of 2 towel bars in bathroom, toilet Various paper holder, shower bar, and minimum 5' X 5' concrete pad at rear exterior entrance. Install 911 addressing as required. Bids Submitted: Clean Cuts, LLC $84,700.00 McHaffey Construction $94,000.00 Neal Long Construction $89,235.00 Platinum Performance Builders $128,230.00 Sweat Trucldng & Paving $105,936.00 White Sands Construction $76,900.00 Cost Estimate: $76,600.00 Recommendation — Consider award for Marilyn Smith project to low bidder, White Sands Construction, who is within the 15 percent range below or above the cost estimate, in the amount of $76,900.00. Owner Maria Gomez Address 1106 SW 5" Street. Okeechobee. FL. 10 rn Item # System . Description of Work Location 001 DEMOLITION Demolition and safe, Iegal, disposal of all materials and All clean up of job site for the construction of the new house. Special attention should be directed to the attached reports regarding asbestos and lead containing materials and recommendations in those reports. Any recommendations included in the reports regarding asbestos and lead shall become part of the Work- 002 SITEWORK Provide mandatory boundary, site survey and plan. All Preparation of site for new construction shall include 36 inches of fill dirt for bidding purposes, any additional fill will be addressed through a change order , grading, compacting and testing necessary for this house including handicap accessible concrete ramp, curb cuts, driveways, driveway aprons, and sodding installed from the exterior of the home out to 20 feet unless more is required by current code. Any site in a flood zone shall be constructed at least one foot above base flood elevation. The required certificate of elevation is the responsibility of the contractor, if property is located in the flood zone and a copy must be submitted with the final pay request. Treat for termites prior to pouring slab. 003 NEW STRUCTURE Site built homes shall consist of the following: All Minimum 1200 sq. ft, 3 bedroom, I bath, with additional 9' by 15' covered front porch and kitchen — dining and living room combination. Materials shall be concrete slab -on -grade, CMU walls, and shingled hip roof with Vinyl vented soffits, aluminum fascia and roof vents. All plans and permitting shall be the responsibility of the contractor. Exterior shall be painted with one main color and one trim color. 004 ELECTRICAL, Minimum 200 amp service and wiring to meet NEC. All APPLIANCES, (Note: electric service shall be located on side or rear AND HVAC of house). New 4 burner electric stove, new water heater, range hood, all electrical fixtures, switches, and other items necessary for a complete house in move -in condition. Provide new minimum 18 cu. ft. frost -free Energy Star Rated refrigerator. HVAC system shall be new central electric minimum 15 seer, Energy Star Rated heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, piping, L-L electrical and other items necessary for a complete, I system. 11 CM CM 005 INTERIOR Provide plaster or drywall walls, textured ceilings, new carpet in Iiving room, bedrooms and hall, and vinyl flooring in kitchen and bathroom. All walls and ceilings to be painted one color. Insulate walls to minimum R I9, and ceilings to R-30. Include all handicap accessible interior and exterior doors, screen doors, and closet doors necessary. Exterior doors shall include deadbolts, keyed alike. Provide new septic system and drain field. For bidding 006 SEPTIC SYSTEM purposes, provide price for an elevated system, with five feet of fill for the drain field and abandonment of existing septic tank. If a new septic is not required the final pay request will be adjusted based on this unit price. (The only allowable change order for this item is if a lift pump or additional fill is required) 007 PLUMBING New plumbing fixtures shall include toilet, bathtub or shower with built in seat (homeowner to select which type), bathroom vanity and kitchen sink. Install washer and dryer• book -ups in enclosed space with louvered doors and utility shelving, and 2 exterior hose bibs. Connect to community water system if available, or existing well. 008 WINDOWS Windows shall be Insulated Impact resistant glass with Low -Solar -Gain Low E Glazzings, Energy Star labeled and Hurricane approved. Number, size and location to be determined by contractor's plans. Bedroom windows must be sized properly for egress. 009 CABINETS Provide minimum 10' of base cabinets and countertops, and 8' of wall cabinets in kitchen. Provide medicine cabinet and mirror in bathroom with light above mirror. 010 MISC. Provide minimum of 2 towel bars in bathroom, toilet paper holder, shower bar, and minimum 5' X 5' concrete pad at rear exterior entrance. Install 911 addressing as required. Bids Submitted: Clean Cuts, LLC McHaffey Construction Neal Long Construction Platinum Performance Builders Sweat Trucking & Paving White Sands Construction 12 $98,700.00 $I11,000.00 $102,430.00 $145,770.00 $117,318.00 $84,400.00 All All All All Kitchen/ Bathroom Various 0 Cost Estimate: Not Provided At This Time Recommendation — Reject all bids for Maria Gomez project as Ms. Gomez recently advised the City that she had married in March, 2012. This required that the application be reviewed for income eligibility based on 4 household members. When taking her husband's annual income into consideration, applicant is no longer income eligible for the program. A complete copy of each RFP is on file in the CDBG files if you wish to review these documents. Please do not hesitate to contact me if you have any further questions and/or comments. /nsp 13 0 0 City of Okeechobee Housing Rehabilitation (CDBG) 11DB-H08 Bid Tab Bids Opened September 19, 2012 Anderson Goulette Ridley Schock Thomas Smith Gomez Rehabilitation Rehabilitation Rehabilitation Rehabilitation Rehabilitation Replacement Replacement Clean Cuts, LLC. $44,200.00 QORs!ts,< $32,550.00 $53,800.00 $51,400.00 $84,700.00 $98,700.00 lis3,$6;pp Mancils Tractor NO BID NO BID NO BID NO BID NO BID NO BID NO BID McHaffey Construction -!ii'j"$440.1s00;rn?i;t; $57,500.00 $34,175.00 $53,900.00 $59,905.00 . $94,000.00 $111,000.00 Neal Long Construction Co. $49,150.00 $64,800.00 j l ;lfi Fli 1 [t E,M!$29 800 0,0iF,!M it $60,300.00 $50,900.00 $89,235.00 $102,430.00 Platinum Performance Builders $39 998.00 $52 300.00 $28 300.00 f' l�7S1.. iitl!I it�;niiil:-i"',(iii(i�11! k!ri�(ilt;.4t .Ol000rlll $44,986.00 $128,230.00 $145,770.00 i Bowline Construction NO BID NO BID NO BID NO BID NO BID NO BID NO BID Sweat Trucking $37,450.00 $58,157.00 $24,364.00 $50,000.00 ;Ir;'$41,67ti`00!;1!ji'` $105,936.00 $117,318.00 Ted Starr Construction Inc. NO BID NO BID NO BID NO BID NO BID NO BID NO BID Overland Construction NO BID NO BID NO BID NO BID NO BID NO BID NO BID White Sands Construction NO BID NO BID NO BID NO BID NO BID 'iii°Gli'iik"=i,l'•lil'k,�jlifj`I�ii'ill+'(f�'r11 Iliid' i;!$7,b' 9OQ l).Q i ?' $84,400.00 Cost Estimate $ 46,787.75 $ 54,806.25 $ 33,637.50 $ 51,423.75 $ 45,827.50 $ 76,600.00 N/A 15% Above Estimate $ 53,805.91 $ 63,027.19 $ 38,683.13 $ 59,137.31 $ 52,701.63 $ 88,090.00 N/A 15% Below Estimate $ (39,769.59) $ (46,585.31) $ (28,591.88) $ (43,710.19) $ (38,953.38) $ (65,110.00) N/A Recommended contractor McHaffey Clean Cuts Neal Long Platinum Builders Sweat Trucking White Sands No Award Exhibit 4 ORDINANCE NO. 1094 Oct 16, 2012 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1) BY CHANGING THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations within the City; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations 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, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed amendments, at a duly advertised meeting held on September 20, 2012 and hereby recommends certain changes, amendments or modifications to the Code to present to the City Council for ordinance adoption; and WHEREAS, the City Council agrees with the Planning Board's recommendation and finds enacting such amendments to be in the best interest of its citizens of said City. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: SECTION 1. Amendment and Adoption. That Chapter 90, ZONING, ARTICLE IV, Division 5, Signs, Section 90-572(a)(1), Code of Ordinances for the City of Okeechobee, Florida, are amended in the following respects: Sec. 90-572 — Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed One one 1 square foot of sign face area for each linear foot of property along the front of the lot. - the buffi'dimg width that feees the fromt of the lot (foi example, Of the width of the buildij ig facing the front of the lot is 50 feet wide the rmax*rnum total s*gm faee area of all building signs is 59 square feet.) For the purpose of this section, the front of the lot is that side upon which the property is addressed. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underlined Language to be deleted Is strackta ougtr Ordinance No. 1094 Page 1 of 2 14W `400, SECTION 3. Severability. If any provision or portion of this ordinance is declared by a 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 161' day of October, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 13"' day of November, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added is underlined Language to be deleted Is attick tMougfr Ordinance No. 1094 Page 2 of 2 City of Okeechobee Date: Petition No. _Tp General Services Department , Fee Paid: Scow 9/141IR diction: N3 C C' C- 55 S.E. 3`d Avenue, Room 1011S Hearing f- 2" Hearing:3�t(c-l� Okeechobee, Florida 39974-2903 -- Publication Dates: Phone: (863) 763-3372, ext. 218 Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: McDonald's Corporation — Agent: Code Checkers, Inc., Susanne Wildner 2 Mailing address: P.O. Box 3211, Jupiter, FL 33469 3 E-mail address: info@codecheckers.com 4 Daytime phone(s): 561-743-8066 Do you own residential property within the City? (_) Yes LX_) No 5 If yes, provide address(es) Do you own nonresidential property within the City? LX_) Yes L) No 6 If yes, provide address(es) 401 NE Park Street REQUEST INFORMATION Request is for: (_X_) Text change to an existing section of the LDRs L� Addition of a permitted use L__) Deletion of a permitted use 7 Addition of a special exception use Deletion of a special exception use (� Addition of an accessory use Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in st ikeeut and additions in underline format. (This description may be provided on separate sheets if necessary.) Sec. 90-572. - Building signs (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot a street or access drives (for example, if the width of the building facing the front of the lot one street is 50 feet wide and building length facing an additional street is 100 feet, the maximum total sign face area for all building signs is 150 square feet.) 8 (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single -use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (a) above. Provide a detailed listin use(s) to be added or deleted and the ling district(s) and section(s) to be changed. (This descrn may be provided on separate sheets if n�ssary.) Q / 9 Non-refundable application fee of $500 -P 0 • C: K -A 3-co-5 Note: Resolution No. 9841 Schedule of Land Development Regulation Fees and Charges - 10 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. Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishabVby a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this Si lure / P//rinted NameDate J41tl�►ruroE �V t4.cXwGn7fim C4tc5.5 `2c%'2.. o0E G44E 1SLn'ZS� ING -� A(aE'V'i c. albs Gott�� For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 4 LDR Amendment Application Page 2 of 3 9 Provide a detailed listing of ie(s) to be added or deleted and the zor ng district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) Sec.90-572 (a)(1) I I REQUIRED ATTACHMENTS I Non-refundable application fee of $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - When 10 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. For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 FINDINGS REQUIRED FOR GRANTING A MANGE IN LAND DEVELOPMENT RELATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request 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 the proposed change and its likely effects: 1. Are not contrary- to Comprehensive Plan requirements. N/A 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. Text Amendment is Requested for Clarification of `= Specifically the Wall Sign Regulation for determining allowable area of signs on multi -street frontage lot with a narrow Building Street Front. 3. Will not have an adverse effect on the public interest. No. This Text change may help the public better identify businesses from a side street. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. Yes. This Text change is appropriate, reasonable & compatible. 5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. No. Text change will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. 6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Text Change is only for business wall signs per code allowed now in Sec 90-572.. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. N/A 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. N/A 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Text Amendment should only clarify restriction. Sec.90-572 (a)(2) remains intact to limit maximum size of any building wall sign to 60 sq'. Amended Addition: , oe *ft 10. Your responses addressing the above findings should be as descriptive as possible. You should also make a case for your request by explaining why the existing regulation is inappropriate or inadequate, and why what you are proposing is appropriate not only for your particular interest but also for other property owners and the City as a whole. Attach additional pages as may be necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate it and your submission in light of the above criteria and the overall appropriateness of the request and offer a recommendation for approval, approval with changes, or denial. �odresso suni a Wo i a i g P enI r e 0.. r e, F ,. b 0 U r 0t 11l,. I=➢ 0 1 n risidet`, � ,.. t cr mi the Aim . wr roadway 9' WsWcawwn l lt. t1" ajdv WOUP Review _ u =c:ed or ? i _ 6 is the PCPKIT i CX nq AW !' ! 9 l ,e t- 6 < h o � tic ;.' xi u :�f � ft ��F.ia�r,} :I.S aCIS"."r. � tt_ . �lrF c! �It}.`zit EC,._ E.1i:[. _ G .cif"lyri� , M[.ItM t), the t'f-(ETiLgti .e_ :cd'?c:'C1 lic!)or"tald s. Affer a short Sri. -Vey of just ilie Iirlsi-1e ses to fed near & armind our loca ion ou St: It(, 70, we quickly l,, located Int.IltiWe existing lJocations that woiAd suffer directly should they Deer,€ to re-sign their busine:-,-, under this latest code regulation. This text change :-on ection would not allow for any greater benefit- to these natTow building frontage businesses otl er tl n "tat Is already, enjoyed by all ober rrudd-fronsge busin"s s. ley `itR Hdng the lan utge noted hi our proposed text anwndrt ent, the intent- of die code would not be i.iilt to l h'ur' art -ended to correct this disparity. In f ra they would still he ul.ject to the san-te WiHng al7phc abh (in -rent regulations of signs that would r"en ain Stact: MAIM (a)(2) - Maximum Srcle' Vv It Signs 60sE1' & Sec. 9(r-!_ 7'a - lt`'laxin urn € ot:al Area of Ml Signs - lir its the conihined sign area of buildings sigris, gi"und Agns and (-;CAe signs U) one square toot for each linear foot: of prope ty on a frontage stI een talus one square foot for each two linear feet of property, on side streets, tldditI nAly and finaIlly, the ldr! :,l it vi idng liut"311( woWd benefit in having less �.1ifk u I t-y in locating, l-rl.iHNng Itwi street frontage businesses s when approacl'i.ng f amn a side street. Currently these locabons are so linlimd by c.ument regulation they have We to rm i- lovv €l iign area renvining to label the from other than a rimin Mum frontage apKoach, The k Er}l',<:4 g ,.'3ge f."i_l.t i ns N..j l..-.-ate .? v}3liiq, }7 1.,.1.v } ,.serif oll, on L"M *McDonald's 401 Park Street Zoning Review COMMENTS: (As originally proposed) there would be four signs, not counting the existing pole sign. Proposed Max. area of all building Location of Sign signs (so signs allowed (sf) §90-572(a) 1 & 3 1. "McDonald's" on roof on front of buildin 39.5 2. "M" on front wall 14.0 3. "McDonald's" on roof on west side of building (drive-thru 39.5 side 4. "M" on east side wall (non- drive thru side 14.0 TOTAL 107 49 Street Frontages Max. total area of all signs, SR 70: 144'; (one pole or ground sign and NE 4" Av: 300' all building signs) [§90- NE 5' Av: 150' 573(a)] [144 + '/2 of 150)+( y2 of 300) =6911 Comment: Only 49 square feet of building signs are allowed. The proposal contemplated 107 square feet. Following are the Zoning Reviet vs connhlete. (.,-vent wde regulations noted: Sec. 90-572, Building signs. (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet). (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single -use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (a) above. [Note, tdkis reference skoutd be to subsection (1), not (a)] „,,r 44800, The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under sections 90-570 and 90-572, respectively. (a) Total number of all signs. Only the following number and types of signs and advertising devices shall be located on any lot or parcel at any one time, subject to the following conditions: (1) Ground signs and pole signs (permit required). One ground sign or pole sign is allowed in the front yard, and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (2) Inflatable wind signs, search lights, and spot lights (permit required). Not more than one inflatable wind sign or search light or spot light shall be permitted on a single lot or parcel. Inflatable wind signs, search lights, and spot lights shall be permitted only within the commercial and industrial zoning districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign, search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, c. No such inflatable wind sign, searchlight, or spotlight shall be placed on the public right-of-way. (3) Other signs such as portable signs, banners, and non -inflatable wind signs (no permit required). a. On lots with one single -occupancy building, not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: 1. The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be sixteen square feet in area and eight feet in height. b. On lots with multiple buildings or a multiple occupancy building, one portable sign, banner, or noninflatable wind sign is allowed for each unit within the building(s) and such sign, banner, or noninflatable wind sign shall not exceed sixteen square feet in area or eight feet in height. (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 (a)(3), above, shall not exceed 48 square feet. M cJo �mz, eased, 'i they cuir€ nt recuhtioltl lecenthr'ri” doled-k-kDotiald's opted to have only (3) 14 sq' `M' z ... m..$ lw.t�v_ivE:1wi Stc t7d i _>> h; € .,. cif l .� sl.� c., i, k� t C.�',1.. ti5 i RE: McDONALD'S RESTAURANTS State of Florida — All State and Local jurisdictions Ref: 2012 Major Remodel & New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint and/or SUSANNE WILDNER of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authonz n, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this au orizetion for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this day ofaQ%NW V1�6, 2012, by TIM CHESS, Area Construction Manager of MCDONALD's CORPORATION, whor has produced. i as identification. NOTARY XMLIC41TATZ 6F FLORIDA 'Aff,.....'�, Jonathan M. Paules NOT LIC/ STATE OF F ORIDA =_Commission #DD867605 Prinf Name:, .�cn� �.�e� n i : ��,.•' Expires: APR. 05, 2013 My Commission expires: A0Z 05 2v;3 nONDOTw;MIANICBONDING CD:.INC NOW %mol RE: McDONALD'S RESTAURANTS State of Florida — All .State and Local jurisdictions Ref: 2012 Major Remodel & New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint J. MARK PAULES and/or of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authorization, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this aut ration for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing 'jpstrument was acknowledged before me, the undersigned authority, this l c. day of zuA2-- , 2012, by TIM CHESS, Area Construction Manager of MCDONAL.Ws CORPORATION, who is personally known to me or has produced. as identification. OTARY P LIC/ STATE OFF ORIDA ��Tt1RYPUBLTCSTATEOFFLORIDA Susanne M. Wildner Print Name.( :Commission #DD788514 My Commission expires: ExPim: JULY 17, 2012 BONDED TRRU ATLAnIC BONDW CO., INC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That I, CATHERINE A. GRIFFIN, Vice President of McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonald's Plaza, Oak Brook, Illinois 60523, being desirous of appointing an attorney -in -fact to act on behalf of the corporation, do hereby nominate, constitute and appoint Michael Motta, Development Director, Tim Chess, Area Construction Manager, Rosangela DeMello, Area Construction Manager, Ramon Santos, Area Construction Manager, Stephanie Tyrrell, Area Construction Manager, Jose Villar, Area Construction Manager, Pia Viphuthanond, Area Construction Manager members of the McDonald's Real Estate and Construction Department at its regional office location at 10150 Highland Manor Drive, Suite 470, Tampa, Florida 33610, as true and lawful attorney -in -fact with the following powers for and on behalf of McDonald's USA, LLC, a Delaware limited liability company regarding the following: To prepare, file, execute and otherwise prosecute any and all types of applications for rezoning, special use permits, subdivisions, variances and any other land use matter necessary for the construction and development of McDonald's restaurants located in the State of Florida. 2. To appear before administrative and legislative bodies, to present testimony to such bodies and to otherwise represent McDonald's USA, LLC, a Delaware limited liability company in zoning and other land use hearings in cities, municipalities and counties located in the State of Florida. 3. To do any other act on behalf of McDonald's USA, LLC, a Delaware limited liability company with regard to land use applications and procedures involved in the construction and development of McDonald's restaurants in the State of Florida. 4. To exercise all powers and to do all acts on behalf of McDonald's USA, LLC, a Delaware limited liability company deemed by said attorney -in -fact to be incidental to, or necessary or appropriate to carry into full effect the foregoing powers, hereby ratifying and confirming all that said attorney can lawfully do or cause to be done buy virtue hereof. This power of attorney shall remain in full force and effect until revoked by me provided further that said revocation shall be of no effect in respect to parties acting or things done in reliance herein prior to the actual receipt by them of written notice of said revocation. This power of attorney shall terminate one (1) year from the date hereof unless sooner revoked by me. In witness whereof, I have executed this agreement this 2 day of February. 2012. ATTEST_ McDONALD'S CORPORATION, a Delaware corporation Atca Ruth A. Schoenmeyer, Senior Counsel Catherine A. Griffin, Vice-ies�dent STATE OF ILLINOIS } COUNTY OF DUPAGE } ss. I Gwen E. Nakutis, a Notary Public in and for the said county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Vice President and Ruth A. Schoenmeyer, Senior Counsel of McDonald's Corporation who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 2 day of February, 2012. =-STATE SEALAKUTIS � Xe My commission expiresATE Or" ILLINOISGwen E. Nakutis, Notary Public XPIRES-04118114CA)ocuments and Settings\=10563\Application Data\Hummingbird\DM\Temp\CORPLEGAL-#1031_Power of Attorney_ doc McDONALD'S CORPORATION CERTIFICA ;i OF SECRETARY I, Gloria Santona, as an officer of-MoDouald's Corporation, a corporation organized and existing under the laws of the State of Delaware, United States of A_gnerica (the "Company"), hereby certify as follows, as of the date hereof: I am the duly appointed, qualified and acting Corporate Executive Vice President, General Counsel and Secretary of -the Company. 2. Catherine A. Griffin is the duly appointed, qualified and acting Corporate ' Vice President — Deputy General Counsel and Assistant Secretay of the Company, and, as such, is vested with and maintains the powers and responsibilities incident thereto, as authorized by the Delaware General Corporation Lave, the Company's Restated Certificate of Incorporation, and the Company's Amended and Restated By -Taws. 3. The signature opposite Catherine A. Griffin's name below is her genuine signature: . /�.... Catherine A. Griffin IN WnMSS WHEREOF, I have hereunto set my hand on this 2007. McDONALD'S CORPORATION 00A �-- Gloria Santona Corporate Executive Vice President, General Counsel and Secretary Document n: 40324o-vi NOW Staff Report Request for Text Amendment to the Land Development Regulations Prepared for Applicant. Petition No.: The City of Okeechobee McDonald's Corporation 12-001-TA Planni.rig & Management Services, Inc. --' 1375 Jackson Sim -et, Suitt 206 Fort 4ryers, Fkrrida 239.33+ 3306 Serving Florida Local Governments Since 1988 M Staff Report Request for Text Amendment to LDRs n Applicant's Name: McDonald's Corporation Petition No. 12-001-TA �enera� lriformlat%n �. � ,; Owner/ Applicant: McDonald's Corporation Agent: Code Checkers, Inc. Agent Address: P.O. Box 3211, Jupiter, Florida Contact Person: Susanne Wildner Phone Number: 561-743-8066 E-mail Address info@codecheckers.com Request Applicant is requesting a text amendment to Sec. 90-572(a)(1) of the Land Development Regulations to change the method of calculating the square footage of sign face area allowable for building signs on buildings with a single occupant. The requested change is proposed to read as follows: Sec. 90-572. — Building Signs (a) Building signs for building with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the f ent of the lot a street or access drives (for example, if the width of the building facing the front of the lot one street is 50 feet v4de and building length faciniz an additional street is 100 feet the maximum total sign face area of all building signs is 150 square feet.) The effect of the change is to increase the amount of sign face area allowable by including in the calculation of allowable sign face area building frontage on side and rear streets as well as the primary street frontage. Searing Florida Local Governments Since 1988 Staff Report `"' Applicant's Name:. McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Section 70-340 of the Land Development Regulations requires that all petitions for change of the land development regulations shall be considered in relation to the following criteria, where applicable. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. The proposed change and its likely effects are not contrary to Comprehensive Plan requirements. "N/A" Staff Comment: No modification of sign regulations would be in conflict with the City's Comprehensive Plan. 2. The proposed change and its likely effects are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. "Text Amendment is Requested for Clarification of Sec. 90-572. - Building Signs. Specifically the Wall Sign Regulation for determining allowable area of signs on multi - street frontage lot with a narrow Building Street Front." Staff Comment: We do not agree that the proposed change is a clarification. Rather, it is a significant change in the manner that the allowable area of building signs is calculated. Nevertheless, our research indicates to us that the changes to Sec. 90-572 under Ordinance 994 could be considered to have resulted in rather severe reductions in allowable building signage. We believe the method of calculating allowable signage should be relaxed somewhat, thereby allowing a modest increase in building signage for single tenant occupancies, but we do not favor the specific change proposed by the Applicant. This opinion applies as well to the Staff Comments offered on each of the following criteria. The Staffs position will be explained more fully later in the Staff Report. 3. The proposed change and its likely effects will not have an adverse effect. on the public interest. "No. This Text change may help the public better identify businesses from a side street." Staff Comment: We do not believe that a modest increase in the size of allowable signage will have an adverse effect on the public interest. However, most businesses, particularly those on major thoroughfare, do not rely upon identification from side streets. In fact, most business relay more on pole signs for identification than building signs. While improvement of visibility from side streets may result from a proposed change, it is not a significant basis upon which to base an amendment to the LDRs. s 2 Serving Florida Local Gocernmems Since 19$8 Staff Report Request for Text Amendment to LDRs `401, Applicant's Name: McDonald's Corporation Petition No. 12-001-TA 4. The proposed change and its likely effects are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. "Yes. This Text change is appropriate, reasonable & compatible." Staff Comment: A modest change in the amount of building signage allowable will be appropriate for the commercial locations where the signage will occur and will not be detrimental to urbanizing land use patterns. These areas are established commercial areas where signage is expected. 5. The proposed change and its likely effects will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. "No. Text change will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto." Staff Comment: A modest change in the amount of building signage allowable will be appropriate for the commercial locations where the signage will occur and will not adversely affect property values or living conditions in the various commercial zoning districts. 6. The proposed change and its.likely effects can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Text Change is only for business wall signs per code allowed now in Sec 90-572." Staff Comment: Building signage is not normally considered to require buffering from surrounding uses. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "N/A" Staff Comment: We agree this is not applicable. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "N/A" Staff Comment: We agree this is not applicable. EL, 3 seeing Florida Local Goveriiments Sine 1998 Staff Report `"'" Applicant's Name" &Donald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. "Text Amendment should only clarify restriction. Sec.90-572 (a)(2) remains intact to limit maximum size of any building wall sign to 60 sq'." Staff Comment: On the contrary, modest relaxation of the limits on building signage will reduce restrictions in the commercial zoning districts. Further, the Applicant has been instructed that he/she should make a case for the request by explaining why the existing regulation is inappropriate or inadequate, and why what is proposed is appropriate not only his/her particular interest but also for other property owners and the City as a whole. The Applicant provides the following rationale in his/her response to the above instructions: "It is McDonald's position to be Community Minded; to support, improve, maintain and rein- force the communities in which they operate. So with respect and consideration for Okeechobee's current Land Development Regulations, we are requesting this text amendment only to clarify Sec. 90-572. - Building Signs. Specifically, only the Wall Sign Regulation Text for determining allowable area of signs on multi -street frontage lots with a narrow Building on Street Front. Currently, the regulation unfairly limits the building wall signs of multi -frontage businesses that have a narrow building on the addressed street front and face additional streets/ access ways. Based on the City's position that the 'front. of Ohm- '^*' definition as referred to in City Code Sec. 90-572 refers to the street upon which the property is addressed and absent an assigned street address, the front of the lot is considered that side fronting on the most major roadway classification. McDonald's Zoning Review attached on page 5-6 is the perfect example* of the regulations adverse effect on a business. The outcome is clearly illustrated by the recently remodeled McDonald's. After a short survey of just the businesses located near & around our location on State Road 70, we quickly located multiple existing locations that would suffer directly should they need to re-sign their business under this latest code regulation. This text change correction would not allow for any greater benefit to these narrow building frontage businesses other than what is already enjoyed by all other multi -frontage businesses. By striking the language noted in our proposed text amendment, the intent of the code would not be diluted but amended to correct this disparity. In fact, they would still be subject to the same limiting applicable current regulations of signs that would remain intact: Sec.90.572 (a)(2) - Maximum Side Wall Signs 60sq' & Sec. 90-573 — Maximum Total Area of All Signs - limits the combined sign area of building signs, ground signs and pole signs 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." Serving Florida Local C.o ernments Since 1988 Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA .S'tf106mmients k; 1 +sue q ah;.I When Ordinance 994 was adopted, the calculation of the amount of building signage on single -occupancy buildings was not questioned. While other parts of the new sign ordinance were thoroughly discussed during consideration of Ord. 994, no one on the Planning Board or the City Council questioned the change in how allowable building signage was calculated. Consequently, Sec. 90-572 was adopted as proposed in the City Attorney's initial draft. This represented a dramatic reduction in the amount of signage that would be allowed. Prior to Ord. 994, a single -occupancy use could calcu- late the amount of allowable signage based on the linear feet of the property fronting on a street as well as property along a side or rear street. Ordinance 994 reduced the calculation to include only the building frontage along the front of the lot. In some instances the amount of building signage allowable under the current regulations is less than 10% of that before the adoption of Ord. 994. During the Site Plan Review of the McDonald's renovation, it was found that the pro- posed signage exceeded that allowable under the Code. When McDonald's recognized that it could only have 49 square feet of building signage, the firm decided that this was insufficient and, after discussion with the City Staff, it was determined that the most appropriate approach would be to request a change to the text of Sec. 90-572. We agree in principal with the Applicant's request, but after analyzing the situation, believe that there is a better solution than that proposed by the Applicant. While the Applicant's proposal does address the problem associated with multi -frontage parcels with narrow buildings facing the front of the lot, it also increases the amount of signage permissible on larger lots with larger buildings more than we believe is appropriate. Also, the Applicant's approach still bases the amount of signage allowable on the size of the building facing the various streets. We believe this is cumbersome and requires that the frontage of the building be calculated. This can sometimes be difficult when there are irregularities in the shape of the building. Therefore, we propose returning to calculation of allowable signage to a method based on the linear street frontage along the front of the lot. Since the dimension of the front of a lot is easily determined and can be found on any survey, no special calculations are required. Our proposal is to calculate the allowable building signage based on one square foot of signage for each linear foot along the front property line. Linear footage of property along rear streets or side street property lines are not counted in the calculation. Following is a table showing how much building signage is allowed prior to Ord. 994, under the current regulations, as proposed by the Applicant, and under the proposal recommended by the Staff. NI—rL, 5 Seninq Florida Local (;occarnmems Since 1988 Staff Report Request for Text Amendment to LDRs Applicant's Name: McDonald's Corporation Petition No. 12-001-TA ALLOWABLE BUILDING SIGN SQUARE FOOTAGE SELECTED SINGLE-OCCUPANY SITES ON SR70 AND US 441 ORIGINAL PRIOR TO B T W APPLICANT'S STAFF ORD. 994 ', AEGUL"ONS PROPOSAL PROPOSAL % of BUSINESS ADDRESS SF SF % of Orig. SF Orig. SF % of Orig. McDonald's 401 NE Park St. 525 49 9% 149 28% 144 27% Wendy's 502 NE Park St. 525 40 8% 130 25% 140 27% Orig. Eqpt. Auto & Truck Parts 415 NE Park St. 375 105 28% 195 52% 150 40% Walgreen's 100 NW Park St. 1350 120 9% 520 39% 300 22% Region's Bank 305 NE Park St. 675 115 17% 300 44% 150 22% Eye Care Center 520 S Parrott Av. 290 65 22% 130 45% 100 34% Golden Corral 700 S Parrott Av. 800 70 9% 265 33% 200 25% Cowboy's BBQ 102 SW 14th St. 750 150 20% 260 35% 300 40% TD Bank 1506 S Parrott Av. 1250 110 9% 320 26% 250 20% Average ---------- 726.7 ---------- 91.6 ---------- 252.1 ---------- 192.7 Percent of signage allowed prior to Ord. 994 12.6% 34.7% 26.5% The specific data for each of the foregoing businesses, upon which the above results are predicated, are provided in the appendix to this report. I Serving Florida Local Gk)x,ernmenrs Since 1988 Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA RCcmmier'wcC;atior>' �! In lieu of the changes to Sec. 90-572 proposed by the Applicant, Staff recommends the following changes. Sec. 90-572. — Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed One one square foot of sign face area for each linear foot of property along the front of the lot. —the building Nyidth that faees the front f it, 10t (fOF example, if the width of the building f4eing the ftent of the lot is 50 feet wide the maximum tatal sign faCe afea Of all building signs is cn square feet.) For the purpose of this section, the front of the lot is that side upon which the property is addressed. Submitted by: Wm. F. Brisson, AICP September 12, 2012 Planning Board Hearing: September 20, 2012 Council Hearing: Vt Reading, October 16, 2012 2nd Reading, November 6, 2012 Attachments: Appendix: Supporting data i sl R 7 Serving Florida Local C.mernmems Since 1988 APPENDIX COMPARISON OF BUILDING SIGN SQUARE FOOTAGE ALLOWED SELECTED SINGLE -OCCUPANCY SITES ON SR 70 AND US 441 UNDER PRIOR AND CURRENT REGULATIONS, AND NEW ALTERNATIVE PROPOSALS. Eye TD OE Auto & Region's Care Golden Cowboys Bank Truck Characteristic McDonald's Wendy's Parts Walgreen's Bank Center Corral BBQ Lot size (approx. sf) 43,200 44,100 22,500 90,000 45,000 14,000 60,000 45,000 75,000 Lot width at front (approx. If) 144 140 150 300 150 100 200 300 250 Lot depth (approx If) 300 315 150 300 300 140 300 150 300 Bldg. size (approx. sf) 4,900 3,600 9,450 16,800 8,050 4,225 8,750 8,250 5,500 Bldg. facing front of lot (approx. If) 49 40 105 120 115 65 70 150 110 Bldg. depth (approx. If) 100 90 90 140 70 65 125 55 50 # of street frontages 2 2 2 4 3 2 3 3 4 Square feet of signage allowed: Prior to Ord. 994(l) 51625 3�5 R.,-A...�. �„ m.. , :1350 675 290 800 750 1250 Currently (2) 49 40 105 120 115 65 70 150 110 Per Applicant's proposa1(3) 0 ,._ 5� .� � _._ .. 20`1 �" <�.. , 300 130 265 260 320 Per Staff proposal(4) 144 140 150 300 150 100 200 300 250 (1) = Front lot width times 1.5 plus other street frontages (2) = Building frontage (3) = Total linear footage of building facing streets (4) = Front lot width NOTE: It is assumed these are single -occupancy buildings. Building and lot dimensions are approximate as measured from GIS mapping and/or Google aerial photography. 0 SEPTEMBER 20, 2012 - PLANNING BOARD -PAGE 11 OF 12 VI. REZONING PUBLIC HEARING CONTINUED. E.1. Motion to recommend rezoning the following property from Holding Board Member Burroughs moved to recommend the City Council rezone on the property listed on Map ID No.17, below, to Residential Multiple Family (RMF): 11 from H to Residential Multiple Family (RMF), based on and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy, 2. Public Comments and Discussion 3. Vote on Motion CLOSE THE PUBLIC HEARING FOR REZONINGS - CHAIRPERSON. VII. NEW BUSINESS - Chairperson. A. Consider Petition No. 12-001—TA, amending Land Development Regulations, Section 90-572(a)(1), Sign Regulations - McDonalds Corporation (Exhibit 2). Map ID No,17 is owned by Ruth G. Spradley and Gale B. Nemec, it is a vacant 1.600 unplatted acre, triangular shaped parcel located West of Southwest Ph Avenue and North of Southwest 6�1 Street, contiguous to Blocks 190 and 191, City of Okeechobee. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes. There were 13 courtesy notices mailed to surrounding property owners within 300 feet, as well as a sign posted on the parcels. Chair Hoover asked whether there were any questions from the public on this property. There were none. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - NIA MOTION CARRIED CHAIR HOOVER CLOSED THE REZONING PUBLIC HEARING AT 7:32 P.M. ALL ITEMS WILL BE PRESENTED TO THE CITY COUNCIL ON OCTOBER 16, 2012. Ms. Susanne Wiidner submitted Petition No.12-001-TA on behalf of McDonalds Corporation, requesting a change in the Land Development Regulations, Section 90-572, Building Signs, Paragraph (a)(1), for building with a single business or occupant. The current regulations reads one square foot of sign face area for each linear foot of the building width that faces the front of the lot (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet), The applicant is requesting the City consider changing this to increase the amount of allowable sign face area to include in the calculation not only the front street but side and rear streets as well. The Planning Staff Report, presented by Mr. Brission specifically responded to the applicants case, a brief history of the changes made to the sign regulations and a comparison table as to how much signage they would be allowed prior to and after the adoption of Ordinance No. 994, which completely revised the sign regulations. While Planning Staff did not recommend adopting the proposed changes as requested by the applicant, the following recommended changes were offered: "The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot. For the purpose of this section, the front of the lot is the side upon which the property is addressed." SEPTEMBER 20, 2012 - PLANNING BOARD - PAGE 12 OF 12 E C VII. NEW BUSINESS CONTINUED. A. Consider Petition No. 12-001—TA, amending Land Development Board Member Burroughs moved to approve Petition No. 12-001-TA, submitted by Ms. Susanne Wildner, on behalf of Regulations, Section 90-572(a)(1), Sign Regulations continued. property owner McDonald's Corporation, and recommend the City Council consider amending Section 90-572 (a)(1), as presented by Planning Staff, "The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot. For purposes of this section, the front of the lot is that side upon which the property is addressed;' seconded by Board Member McCoy. 1. Public Comments and Discussion regarding Petition No.12-001-TA. Chair Hoover asked whether there were any questions from the public on the proposed amendment. There were none. 2. Vote on Motion VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-YEA MCCOY-YEA MORGAN - ABSENT RITTER - YEA BAUGHMAN - YEA MCCREARY - N/A MOTION CARRIED. B. Consider any additional requests for amendments to the City Land Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. Development Regulations. There were none. Vill. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:45 p.m. °w 850-040-89 MAINTENANCE OGC — 04112 Page 4 of 4 this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability under the indemnities granted to the DEPARTMENT in this Agreement 30. Construction Coordinator: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Construction Coordinator during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Name David Allen CONSTRUCTION COORDINATOR CONTACT INFORMATION Title Public Works Director Office No. 862 763-3372 x225 Cell 561-420-M Email mall-eu@L fQkuecb bee ccm Name m w : uudi 7 r. • Office No. P• • ll :• = •.• IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION COORDINATOR DEPARTMENT OF TRANSPORTATION By: David Allen (Signature) By: (Print Name) Public Works I?i rector Critle) (Date) Legal Review: _ (Signature) (Print Name) (Title) (Date) CM Vale Exhibit 7 RESOLUTION NO. 12-11 Oct 16, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a proposed constitutional amendment sponsored by Florida Legislature will be placed on the 2012 General Election Ballot as "Amendment 4"; and WHEREAS, this proposed constitutional change reduces the current assessment limitation on non - homestead real property from 10 percent to 5 percent; and WHEREAS, the proposed amendment grants first-time homesteaders an additional homestead exemption equal to 50 percent of the just value of the property up to the county median home value; and WHEREAS, the proposed amendment creates a provision that allows the Legislature by general law to prohibit increases in the assessed value of homestead property if the just value of the property decreases; and WHEREAS, Amendment 4 creates inequities for non -homestead properties by allowing identical properties to be taxed differently, and Amendment 4 extends the sunset provision already in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer; and WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating an unfair disadvantage for new businesses that would have to pay higher property taxes than their more established counterparts; and WHEREAS, the non -homestead assessment cap reduction and the first-time homesteader provision apply to city and county taxes and not to school property taxes; and WHEREAS, over the last few years, several property tax initiatives, including additional homestead exemptions, Save Our Homes portability and statutory millage caps, have also contributed to the unequal treatment of Florida's taxpayers. WHEREAS, there are estimates of the total tax impact of Amendment 4 of $1.6 billion cumulatively over a four-year period beginning in 2013-2014, with approximately $447 million bome by municipalities. NOW THEREFORE, it is resolved before the City Council for the City of Okeechobee Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee, Florida, will evaluate the impact Amendment 4 may have on its property taxes. Section 2. That the City of Okeechobee, Florida, urges its residents to carefully consider the potential adverse consequences of Amendment 4 before voting in the November 2012 General Election. Resolution No. 12-11 Page 1 of 2 0 0 Section 3. That a copy of this resolution be provided to the membership of the Florida League of Cities, Inc. and other interested parties. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. Section 5. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 161h day of October. 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 12-11 Page 2 of 2 IL r) i\ e &a, City of Okeechobee Brian Whitehall Office of the City Administrator October 15, 2012 TO: City Employees FIR: City Administrator RE: Amendment 4 There's a ballot Constitutional Amendment question this November that deserves your attention, especially as an employee of a municipality. In plain English and to paraphrase the 10/14/12 Stuart News: "If you're not the person getting the benefit of lower values, you're the one paying for it" "It's not a tax break for current homesteaders" Basically the components of Amendment 4 include: 1. For new owners, those not owning property in the last 3 years, they receive a 50% additional homestead exemption (n/a schools) gradually decreasing over a 5 year period (ex reduced 20% annually) for property purchased after 1/1/12. 2. If the just value of your homesteaded property decreases, the assessed value can't increase. 3. Non -homestead properties - for vacation homes, for example, rather than a 10% increase cap, it's reduced to 5% and #2 above is also applicable Points: 1. Cities have already suffered through property value decreases and this provision is after the fact. It's very difficult to calculate the City's budget impact but there'll be an impact... piling on further financial hardship for 'us'! 2. Tax breaks are applied unequally. So, a shift in the tax burden may result where those not receiving a benefit will receive a higher tax. 3. Don't let special interest groups' advertising manipulate your vote! Attached: • FL League of Cities flyer • City of Okeechobee Council resolution for 10/16/12 55 S,E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 0 iM Know the Facts About AMENDMENT 4 Amendment 4 is one of many state constitutional amendments that will appear on the November 2012 General Election ballot. What the Amendment Does. The official ballot summary is lengthy and has several significant components that: ✓ Reduce the current assessment limitation on commercial property, vacant property and second homes. ✓ Give first-time home buyers an additional homestead exemption. ✓ Allow the Legislature to prohibit increases in the assessed value of homestead property if the just value of the property decreases. ✓ Apply the assessment cap reduction and the first-time home buyer provisions to city and county taxes, not to school property taxes. AMENDMENT 4 Unfair. Unbalanced. Unworkable. To learn more, visit http://www.floridaleagueofcities.com/News.aspx?CNID=907 2 Paid for by the Florida League of Cities. 301 South Bronough Street, Suite 300, Tallahassee, FL 32301 s %� *111111111110 The Facts About NOM Amendment 4 takes a complicated property tax system and makes it worse! It shifts Florida's property tax burden onto new and growing businesses and Florida residents while providing special benefits to out-of-state and non -homestead property owners. Hurts new jobs and growing businesses. Amendment 4 puts new and growing businesses at a disadvantage by making them pay higher taxes than paid by established businesses. This measure will stymie business expansion of Florida -based businesses and discourage new businesses from locating to Florida. Makes our complicated property tax system even worse. Florida's property tax system is already complex. Numerous changes have been made over the years, which makes it difficult to understand. Amendment 4 just adds to the confusion. Is unfair to Florida (homestead) residents. Amendment 4 favors out-of-state, second home property owners and owners of large tracts of vacant land and shifts the cost of paying for public services to long-time Florida residents. This measure creates an unfair "us -versus -them" tax system that hurts those who live and work here. Is unbalanced because identical properties will pay different taxes. Amendment 4 takes an already unfair and unbalanced tax system and makes it even worse by providing special benefits for out-of-state and second home property owners. Amendment 4 will allow identical properties to be taxed differently. It allows this inequity to be in place until 2023. It will impact cities' major revenue source. By providing special tax benefits to out-of-state and second property owners, local governments will see its major source of revenue negatively impacted again. Property taxes are used to fund basic services such as police protection, fire protection, parks and recreation, and other public services citizens depend on. MEMO ENT 4 Unfair. Unbalanced. Unworkable. Paid for by the Florida League of Cities. 301 South Bronough Street, Suite 300, Tallahassee, FL 32301 Exhibit 8 CITY OF OKEECHOBEE Oct 16, 20 55 SE THIRD AVENUE O)KEECHOBEE, FL 34974 Tele: 863-763-3372 cat. 218 Fax: 363-763-1686 SPECIAL EVENTS AND/OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Received: - _ j Date Issued: A J Application No: 0 I Dates of Event: Fee: N Date Paid: NIA Information: Organization: I r-frs* a -A'st ai.- - Tax Exem t No: I 5q- 04 8767 Mailing Address: `'01 St✓ { S4. Oke4t Cu L 3Vf7V Contact Person: `.- CCb #- kL r E-Mail Address: 4R Ae okee-. D ff ... U L1V1UT: Work: S63 74X=9j7L Home: y-- Cell: _ 3 Summary of activities: rzAnk 'v--- -!feat " ev f A-00e'd Lk Frsf' K- -A a.,d 6f�r I ��G o0% r AIF, .S. or Ar . . .[ •f L-I ll �f /hsv Ti^ n E. l At, s tQC -7 /ti Alv. l--alwe a i.n2 e 141 �- rL'L J ShRC wr/J e- j r•L cOnt o CO✓r. 7c. .rroceeus usage: O O e r+ GfL rze— gwz-1 Please check requested Parks: Flagler Parks: o City Mall Park o #1 Memorial Park o #2 ❑ #3 d#4 E4j rah#6 OR. Address of event: Parcel 11): cm TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: guc �figc f 5*- 44P's Street Address L-j- ,0 1';-1 S PC,-,L, -8A- s City State Zip Code Street(s) to be closed: fLQ. / C, Dates to be closed: Times to be closed: e VR uL Purpose of Closing. rttI Pbe;Tfn u Attachments Required: Charitable Function Temporary Street and Sidewalk Closing D Site Plan ® Original signatures of all residents, property owners and business owners affected b the closing. >- Copy of liability insurance in the amount of P> 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. 0-Proof of non-profit status 6► If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be B-Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. 0- State Food Service License, if applicable. Is State Food Service License, if applicable. l- State AIcoholic 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: l- Clean up is required within 24 hours. l- No alcoholic beverages permitted on City property, streets or sidewalks. 1�- 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). 1- The Department of Public Works will be responsible for delivering the appropriate barricades. i> 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, Aire, 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. rn 0 I hereby acknowledge that I have read and completed.this :application, the attached Resolutions No.(s) 03- 03 and 04-03, concerning the use ;and the miles 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. Apflicant Signature Date °°®'OFFICE USE ONLY®°° Staff Review FireDepartment:ENO I Public P 1 , , City ' 11 i /��!%�. XWA 1111�.S E►: w-YOWE NOTE: APPLICATION AND INSURANCE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on _ /o /i c, /t -,x, Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date lM .Z CITY OF OKEECIIOBFIE Exhibit 9 55 SE THIRD AVENUE OKEECIt0:i EE, FL 34974 Oct 16, 2012 Tele: 863-763-3372 ext. 213 Fax: 363-763-1686 SPECIAL EVENTS ANWOR, TIi MPORARY STREET AND SIDEWALK CLOSING PERMIT A.PPLICATZON d..PaWd Page l of l Date Received: (— r- t Date Issirtrif-. 7- /� Application No. IA ��(� Dates of Event: &I. Mov• tL, ' XP � Fee: Date Paid: t3 Information Organization: ' Ta_x Exem p t No: Mailing Address: (lfl WdrUch4w f—COW71-1 Contact Person: Tkr,45��- G2 t nI6. lRecwxf i7 . f Defe C -1-Ctxr0.x)) E-Mail Address: '1'eie gone: �yorl{: - Home• Cell: Sul„mat-v of activities: _ XW Proceeds usage: :Please check requested Parks: 1)1k Flagler Parks: o City Flail P. rl{ ❑ 91 Memorial Park ❑ 42 ❑ #3 o #4 a 45 o #6 OR Address of event: Parcel ID: or We LMM T.Eivipof tzy STREET AND SI.DEW,6VLI{ CLOSING IN +O.RMATION If not using Park(s), provide event address: Street Address City State Zip Cede Streets) to be closed: .1 t �`t+' ((J17 �j f I " �Ef ` ` r fJ1. ' �_ Date(s) to be closed: Time(s) to be closed: C_tr` \M p a ) h r1n`-- �ose of Closing: [�� (', r Awaxds 1 Attachments Required: Charitable Function TemporalTemporar Sidewalk Closing 1> Site Platt ® Original signatures of all residents, property owners and business owners affected by the closing, l� Copy of liability insurance in the amount of l- Copy of liability insurance in the amount of S1,000,000.00 with the City of Okeechobee and S1,000,000.00 with the City of Okeechobee and R.E. fialnrick Testamentary Trust as additional R.E. Hamrick Testamentary Trust as additional insured. insured. b'►Proof of non-profit status ® If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be ®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. I P- State Food Service License, if appli cable. 0- 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.) No te: l� Clean up is required within 24 hours. 0- 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 ;Ere 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. E> Dumpsters and port-o-lets are required when closings 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 [told 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. PFRRIIARY 7. 2D12 - Rmn an MFF:-nwr, - Pnnr F nc R AGENDA;COUNCIL'ACTION - DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. C. Consider a recommendation by the Code Enforcement Board to begin foreclosure proceeding son Case No.11-119, Cody Brown, 813 Southeast 3id Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat continued. The Council discussed whether the property taxes were delinquent and utilizing the nuisance abatement process rather than foreclosure procedures. Attorney Cook advised he could look into both, and use whichever was most cost effective, while bringing the property into compliance, Council Member Watford made a motion to move forward with foreclosure or nuisance abatement procedures for Case No. 11.119, Cody Brown L813 Southeast 3rd Street, Lot 4 of Block 1 in Wilcox Shores First Revised Plat; seconded by Councll Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED D. Consider Temporary Street Closing Application submitted by Okeechobee Mainstreet for 2012 events - Cynthia Birdashaw, Council Member Watford moved to approve temporary street closing applications submitted by Okeechobee Main Street for the 2012 community events as listed in Exhibit Four and below; seconded by Council Member O'Connor. Executive Director (Exhibit 4). •Temporarily close a portion of Southwest Td and 4" Avenues between North and South Park Streets from 5:00 p.m. March 9 until 6:00 p.m. March 11 for the Annual Speckled Perch Festival and Parade; ■ Temporarily close the portion of Southwest Td and 4" Avenues between North and South Park Streets from 5:00 p.m., April 13 until 5:00 p.m., April 15 for the Annual Top of the Lake Art and Music Festival; ■Temporarily close the portion of Southwest 3'd and 41' Avenues between North and South Park Streets from 5:00 p,m., August 31 until 6:00 p.m., September 3 for the Annual Labor Day Celebration; and ■ Temporarily close the portion of Southwest 3'd and 41 Avenues between North and South Park Streets from 5:00 p.m., December? until 10:00 p,m„ December forthe Annual Top of the Lake Christmas Festival and Lighted Parade. VOTE KIRK •YEA MAXWELL•YEA O'CONNOR - YEA WATFORD-YEA WILLIAMS YEA MOTION CARRIED. E. Consider Temporary Street Closing Application submitted by First Council Member Watford moved to approve temporary street closing applications submitted by First Baptist Church Baptist Church of Okeechobee for 2012 events - Teresa Arranls, of Okeechobee for the 2012 community events as listed in Exhibit Five and below; seconded by Council Member Recreation Director (Exhibit 5). Williams. ■ Temporarily close a portion of Southwest 4'" Street between 5" and 6'" Avenues from 6:00 a.m. to 10:00 p.m. on February 251 for the Men's Fellowship; • Temporarily close a portion of Southwest 4°" Street between 5' and 6" Avenues from 7:00 a,m. to 7:00 p.m. on March 3" for the Upwards Basketball and Cheedeading Awards; FEBRUARY 7, 2012 -REGULAR MEETING -PAGE 7 of 8 AGENDA s;: ,..,,,:`e0UNCI L..ACTION-DISCUSSION-VOTE vlll. NEW euslNEss CONTINUED. E. Consider Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for 2012 events continued. IX. RECESS THE REGULAR SESSION ENTER INTO CLOSED EXECUTIVE SESSION - Mayor. A. Discuss pending administrative proceedings regarding the litigations of Carter Pritchett Advertising, inc. vs. City of Okeechobee and Centennial Builders of Lee County, Inc, vs. City of Okeechobee - City Attorney. X. ADJOURN THE CLOSED EXECUTIVE SESSION AND RECONVENE REGULAR SESSION - Mayor. *Temporarily close a portion of Southwest 4 ' Street between 5"' and 6" Avenues from 8:00 a.m. to 7:00 p.m. on May 1 go' for D-Now Weekend; zTemporarily close a portion of Southwest 4" Street between 5" and 6" Avenues from 8:00 a.m. to 5:00 p,m. daily from July 9 through 13 and reroute traffic around the ROC facility to one-way during drop-off and pick-up times only; and a Temporarily close a portion of Southwest 4" Street between 5" and 6' Avenues from 7:00 a.m. to 7:00 p.m, on November 101' for the Flag Football Awards Day. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD -YEA WILLIAMS -YEA MOTION CARRIED. MAYOR KIRK RECESSED THE REGULAR SESSION AT 6:55 P.M. IN ORDER TO ENTER INTO A CLOSED EXECUTIVE SESSION. Mayor Kirk announced that as per Florida Statute 286.011, Attorney Cook requested a closed executive session for the City Council to discuss settlement negotiation or strategies relating to litigation filed by Carter Pritchett Advertising, Inc., and Centennial Builders of Lee County, Inc, The only members allowed to stay in the Council Chambers during this portion of the meeting were Mayor Kirk, Council Members Maxwell, O'Connor, Watford and Williams, Attorney Cook, Administrator Whitehall, City Clerk Gamiotea and Attorney Robert C. Shearman of Henderson, Franklin, Starnes and Holt, P.A. A court reporter, Deborah Carmela Dew, FPR of Atlantic Reporting, was also present to record the session and the transcript shall be made part of the public records upon conclusion of the litigation, MAYOR KIRK ADJOURNED THE CLOSED EXECUTIVE SESSION AND RECONVENED THE REGULAR SESSION ATa;12 P.M. Mayor Kirk verified with Attorney Cools that no action needed to be considered in regular session, 0 3 i 1 w . 's Exhibit 10 CITY OF OKEECROBEE Oct 16, 20 55 SE TAD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763 3372 ext. 218 Fax: 863-763-1686 SPECIAT, EVENTS AND/OR, TEMPORARY STREET[' AND SIDEWALK CLOSING PERMIT[' APPLICATION pnrrn 1 —'r 2 Date Received- �- �}- t � Date Issued: v j V; J Application No: Q lyr Dates of Event: NOV. ?- Fee: /A Date Paid: a %b CM i TEMPORARY STREET AND SIDE'WAL& CLOSPiG INIFORTYLkTION If not using Park(s), provide event address: Street Address City State Zip Code •r w Streets to be closed: -�VL V U ! C Dates to be closed: Times to be closed: Purpose of Closing: _ a� -- - ha.�rid�, cam. -I-�I� e-d�+.�*-3 Attachments Required: Charitable Function Tern ora Street and Sidewalk Closing l► 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 RE. Hamrick Testamentary Trust as additional insured. insured_ ►Proof of non-profit status ► If any items are being sold on City streets or sidewalks, a Temporary Use Permit CIW) must be ►Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department ► State Food Service License, ff!pplicable. I ► State Food Service License, if a lieable. l•- 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- 0- No alcoholic beverages permitted on City property, streets or sidewalks. 0- 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). 0► 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 sure approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the applicant_ _ CM I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 03 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. CERTIFI TE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HAMRICK TEST/AMEARY TRUST AS ADDITIONAL INSURED. Applicant Sign e Date •°6•OEF`ICE USE ONLY**** . . Department: Administrator:City City Clerk: , xis p r.-, Date: NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date iM TO: Mayor and Council Members FROM: City Clerk Gamioted SUBJECT: OUA Board Appointment DATE: October 9, 2012 Exhibit 11 Oct 16, 2012 As you are aware, the City's regular appointed member to the OUA Board recently resigned. My office published the vacancy in the local newspapers, the City web site and forwarded a public notice to send to various organizations. We have received one applicant to date, from Mr. Noel Chandler. Please consider appointing Mr. Chandler to finish Mr. Nuckabee's term, ending March 1, 2013. Thank you. R A M v400e CITY OF OKEECHOBEE Revised 512212012 - Office of the City Clerk OKEECHOBEE UTILITY AUTHORITY BOARD MEMBERS Members Appointed by City Steve Nelson, Chairperson 1407 SE e Avenue , Okeechobee, FL 34974 863-763-5100 (work), 863-763-7550 (fax) 863-763-0328 (home) Appointed to Board: December 1996 . Current Term Ends: March 1, 2015 Randy Huckabee 1265 SE 23'd Street Okeechobee, FL 34974 863-763-2171 (work), 863-634-2510 (cell) Appointed to Board: January 17, 2012 Current Term Ends: March 1, 2013 Jeff Fadley, Alternate 510 SE 81' Avenue Okeechobee, FL 34974 863-763-5733 (work), 863-763-6199 (fax) 863-697-3345 (cell) Appointed to Board: March 1, 2011 Current Term Ends: March 1, 2013 Members Appointed by County Tommy Clay, Vice Chairperson ` 400 SW 13' Street Okeechobee,FL 34974 863-763-5593 (work), 863-467-1810 (home) 863-634-7205 (cell) Appointed to Board: February 2011 Current Term Ends: March 1, 2015 Thomas Hoover, 2"d Vice Chairperson 2473 SW 2e Avenue Okeechobee, FL 34974 863-467-1559 (home), 863-610-1997 (celo Appointed to Board: February 2003 Current Term Ends: March 1, 2013 John Creasman, Alternate 1545 SW I Terrace Okeechobee, FL 34974 863-763AB46 (home), 561-723-6465 (cell) Current Term Ends: March 1, 2013 e Member and Alternate Chosen by Above Members (,Resident in Service Area of Glades Coun Melanie Anderson Harry Moldenhauer, Alternate 1292 Hunter Road 1344 Hunter Road Okeechobee, FL 34974 Okeechobee, FL 34974 863-467-0287 (home) 863-462-5811 (work), 863-462-5218 (fax) Appointed to Board: December 1996 863-634-4482 (cell) Current Term Ends: March 1, 2015 Appointed to Board: March 2003 Current Tenn Ends: March 1, 2013 Staff John Hayford, Executive Director Basil Coule, Director of Finance Roy Reno, Director of Operations 100 SW 5" Avenue Okeechobee,FL 34974 863-763-9460 (office), 863-763-9036 (fax) Tom Conely, Attorney 401 NW Vh Street Okeechobee,FL 34972 863-763-3825 (office), 863-763-6856 (fax) All correspondences should be mailed to the OUAOffice,100 Southwest5th Avenue, Okeechobee, Florida 34974. The Board meets the 2"d Tuesday of each month, 8:30 A.M., at the Okeechobee Utility Authority Office, Board Meeting Room. Contact Kristy Hamblen, Executive Secretary, for copies of the agenda. City of Okeechobee 55 Southeast 3m Avenue * Okeechobee * Florida * 34974 * (863) 763-3372 APP{ IP_ATIntJ l=nR (11TY ROARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used. by the City Council in considering action on yourappointmeni: The application MUSTB.E COMPLETED IN FULL. Answer "none" or "not applicable' where appropriate. ✓CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH HOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Cade Enforcement Boards. ❑ Planning Board - Board ❑ Code vr6keechobee Utility O General Employees O Other. of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: d f✓ )9 2 NAME COMMONLY USED: EL RESIDENCE ADDRESS: 3 qq I Y HOW LONG AT ADDRESS: LA 3 Years Is this in the City Umits? M(es ONO MAILING ADDRESS: oo 3 S (,D t' , v HOME TELEPHONE: A is 3_ I,b 3— Z $ CEL110THER TELEPHONE , P to CURRENT EMPLOYER & OCCUPATION: G .16 9 1 -P_ 0 e e kebot Id Z ieu 2 i' IT BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH: -. - 9 ARE YOU A US CITIZEN? Wfes ONo, explain: FLORIDA REGISTERED VOTER? MYe-s County Registered in: ONO EDUCATION: High School Name Location: .& Year Graduated: Q j e�, ► '� POST SECONDARY EDUCATION: NAME&LOCA710N DATES ATTEND MM11CATMEGREERE:CD. MILITARY SERVICE: DATM BRANM DATE DISCHARGED Lan".-196Y ,VA-v7 1 q Vr ARE YOU CURRENTLY EMPLOYED AS: OGeneral Contractor ❑Business Person ❑Architect © (./ALL THAT APPLY) OEngfneer OSub-Contractor OReallor OAttomey ODoctor USurveyor tr7!'ay Person Durban Planner OLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: DDRESS _ TYPE OF RUSINESS 308 TITLE . DATES _ d d I* d k n7y o t'' (61 oil 30:1 i�NAMES � wolLi� t%L d 1tivi'h a- a d, � s) T� �-pth 4 T-k z' Cm En HAVEYOU EVER BEEN APPOINTED OR DO YOU FURRENTLYSERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT_? IRYES LINO IF YES, LIST: AGENCY BOARD NAME POSITION DATES C t t t0{j� 4uA¢s� M e Mbl� STATEYOUR EXPERIENCESAND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHATQUALIFYYOU FOR THIS APPOINTMENT. H Ci t f y�S (ems �7r COw� ram. �I �� i,eR b?T yh ©1?q q C-4 o6 -i 4 ti ©;.X ca► t; �v �, 0(4p, WAA CVR-MP4- I , C• "f we"4,5 Vh e a HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) REIATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? DYES mmo. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? II+ ES 12NO IF YES, LIST: OFFICETITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT i ft9�tYtt► l lR4if{^ 'ate a t2 4a� In ca ►" yn. �.oUia.— a a 16 'A HAVEYOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTESTTO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES ano 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� c HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDgSTATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? DYES ONO IF YES, LIST. DATE: NATURE OF VIOLATION: DISPOSMON: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, 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 THATARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: 4�n wI iO- a4ALEOFEMALE ETHNIC GROUP: 86AUCASIAN 013LACK ❑SPANISH HERITAGE GNATIVE AMERICAN OASIAN OR PACIFIC ISLANDER GOTHER(specify): ✓ALLTHATAPPLY: &&RTIME PERIOD VETERAN CIDISABLED VETERAN 3VIETNAM VETERAN HANDICAPPED STATUS: OYES do IF YES, WHAT IS THE HANDICAP? 0-1 "a ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE 0 OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)i? CiYES poo DESCRIBEANYSMLLS AND BACKGROUND INFORMATION ABOUT YOURSELFTHAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON- IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE ►��h to og!,-i-,a n c �'�C 11 Own wi a � 14h o 1&2 tin Oa'h ►4_�If e 3n2 p )arc-3 � S (�1 .0g a r g ? �ItoK Cb r- r 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. I 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 requestthat 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 thatfalsification, omission, misleading statements, or misrepresentation Is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. t hereby acknowledge that I have read and understand each of the above statements_ Signature of Applicant: "0,A! - U Date: ©The City Code Book Sec. 70-151, 7U-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 responsibilities include revenue collection and enforcement of child support enforcement and certain Investigators in the department of children and families [see gii9.07(3)(k)1, F.S.I. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RO AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFRCE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INIT ALTERM: LETTER SENT: REAPPOINTMENT(5): RESIGNED: CERTIFICATE AWARDED: r 1. Exhibit 12 Oct 16, 2012 Oct 16, 2012 CONTRACT FOR SERVICES BUILDING OFFICIAL & INSPECTION SERVICES WITH JC NEWELL & ASSOCIATES 6576 SE FLORAL TERRACE Hobe Sound FL 33455 WHEREAS, the City of Okeechobee, Okeechobee County, Florida ("Municipality") requires high quality professional building and mechanical inspection services sensitive to community needs and, who is certified by the State of Florida, WHEREAS, JC Newell & Associates, as a sole proprietor ("Agency"), proposes to provide inspection and plan approval services for the Municipality including inspectors and meeting the Municipality's needs for such inspection services, as an independent contractor, NOW THEREFORE, in consideration of the foregoing and mutual covenants contained in this agreement, the parties agree that: The Agency will provide for the Municipality, inspectors whose duties shall include plans examination, issuance of permits, and field inspections for compliance of the Florida building codes and necessary services related to contacts with residents and Municipal Officials, and all associated tasks necessary to meet the inspection and building official needs of the Municipality. The Agency is to provide an employee and that employee is hereby designated as the Building Official of the Municipality. The Municipality shall provide zoning administration. 2. All Inspectors, plan reviewers and building officials employed or retained by Agency and who are used for inspections shall possess standard certificates and licenses as required by Florida Statutes Chapter 468, and shall maintain same at all times for the duration of this agreement. The Agency shall provide: A. Salary and benefits of the inspectors B. Field communication equipment C. Vehicle or mileage/allowance for the inspectors D. Supplemental systems and support and administrative coordination E. Availability for meeting public at Municipality during regular office hours Monday thru Thursday and upon request to testify before a Board or in a court hearing. F. To assist in building code enforcement activities and available for back-up inspection purposes when the principal inspector is unavailable. G. Necessary state fees for the Agency H. Certificate of insurance showing all coverages with a minimum of $1 million of general liability and errors and omissions coverage. I. That the Agency and/or appropriate inspector shall be available to testify upon request at any contested code board meeting or county court hearing. *4W Building Inspection Agreement Page 2 of 4 4. The term of this agreement shall be on an annual basis renewable automatically on October I" of each calendar year. Either the Municipality or the Agency may terminate this agreement with or without cause upon 90 days written notice to the other party of such intention to terminate. The Agency shall possess no vested right to annual continued retention by the Municipality other than that expressly set forth herein. At the end of the termination notice, any permits received and issued prior to the last day shall have the fees paid to the Agency as provided in the contract and the inspections relating to those fees shall be performed by the Agency. Permit applications received after the last day shall be the responsibility of the Municipality and no payment shall be made to the Agency for those permits. Any notice to the Municipality shall be sent to the Municipal authority directly in charge of inspection procedures. Any notice to the Agency shall be sent to JC Newell & Associates, 6576 SE Floral Terrace, Hobe Sound, FL 33455. 5. The Agency is the exclusive provider of the services Iisted, described and provided by this Contract for the entire area of the Municipality during the term of this Contract. Any other provider of building, electrical, plumbing, HVAC, or mechanical plan reviews and inspection services to the Municipality during the term of this Contract will be considered a violation of this Agreement. 6. At all times material to this Contract, the Agency shall be considered an independent contractor, and not an employee of the Municipality. As such, the Agency may select the means, timing and manner of its performance hereunder, so long as the Agency complies with the minimum requirements of licensing and performance of inspection services as set forth herein. The Agency is not authorized to bind or obligate the Municipality to the public or any other agency for any purpose, except solely to supply services, and to enforce and review and approve building permits and methods of construction in accordance with applicable state and local building codes. The Agency shall be responsible for its own local, state and federal taxes, income tax, social security, Medicaid, 1099 reporting, 940 & 941 payroll tax, or other assessments that may arise out of the operation of the business of the Agency, and to hold the Municipality harmless there from. The Agency shall implement and enforce the building codes of the State of Florida and the Municipality and shall engage such personnel and equipment as, in its opinion, is deemed adequate for such purposes. Should the Municipality object to the method and manner of the implementation of the codes by the Agency, the Municipality shall notify the Agency, in writing, specifically identifying areas of inadequacy and the Agency shall have thirty (30) days after receipt of the notice to cure such inadequacies. 7. This agreement shall not authorize the performance of any construction work within the Municipality by persons or organizations not duly licensed. The Agency shall not issue a building permit to any contractor, subcontractor, or others for the performance of work in the Municipality who are not properly licensed and authorized to do such work. The Agency will not authorize or allow any development that is in violation of any Municipal, State or Federal law. 8. In all matters concerning the performance of the obligations and duties of this agreement, the Agency agrees to indemnify the Municipality, its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission of the Agency, and causing injury to any person or persons or property, whomsoever and whatsoever. Building Inspection Agreement 7C Newell & Assoc (10/16/12) Page 3 of 4 Correspondingly, the Municipality agrees to indemnify the Agency its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission solely under the terms of performance of inspection and building official services of the Municipality, and causing injury to any person or persons or property, whomsoever and whatsoever. The Agency agrees to, at all times, at its expense, carry comprehensive general liability insurance in the amount of not less than one million dollars. A certificate of insurance indicating that such policies are in full force and effect will be supplied to the Municipality. The Municipality agrees to provide to the Agency proof of the existence of comprehensive general liability insurance upon request. 4. Compensation - All fees, including those derived from Exhibit 1, for any services provided by the Agency for the Municipality shall be collected by the Municipality. For its responsibilities outlined herein, the Agency shall invoice and be compensated Five Thousand Two Hundred Dollars ($5,200.00) per month. 10. Agency business hours devoted to the Municipality - The Agency's normal working business hours at the Municipality's offices will be from 8:00 AM to 4:30PM on Monday through Thursday. Said hours/days may be adjusted for extenuating circumstances, upon mutual approval of the Agency and the Municipality. Again, in the event of the Agency principal being temporarily unable to fulfill the normal working hours, he shall be responsible to provide a competent replacement of whom shall be approved by the City Administrator. The Agency will be available to represent the Municipality, if requested, at Board Meetings (i.e. Code Enforcement Board). The Agency will be available, as reasonably as possible, to field questions by phone during those hours that are not described above. 11. The Agency will perform special inspections for which no permit fee is required, such as complaints and property maintenance inspections, at the direction of the City Administrator, or his designee, and forward those reports to the appropriate person(s) with their findings. The Municipality shall compensate the Agency for all such duties and meetings outside of normal business hours at the rate of $20.00 for each hour including travel time, if applicable, for meetings. There will be a one -hour minimum per inspection trip or meeting. No additional time shall be compensated by the Municipality unless approved by the City Administrator. 12. The Agency shall provide a monthly statement of services rendered which will include a recap of permits issued, inspections and other activity applicable to his work with the Municipality. The Municipality shall compensate the Agency as soon as is practical after the end of the calendar month following the period services. 13. if any provision of this agreement is held to be invalid or unenforceable for any reason, this agreement shall remain in full force and effect in accordance with its terms, disregarding such unenforceable or invalid provision. 14. This agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duly authorized agents of both the Municipality and the Agency. M Building Inspection Agreement — JC Newell & Assoc (10/16/12) Page 4 of 4 15. The terms of this Agreement may not be assigned by either party. 16. This agreement shall be governed by the laws of the State of Florida with respect to the interpretation and performance. Any suit brought in connection with this agreement will be brought and maintained in Okeechobee County, Florida. 17. Any failure of a party to enforce the party's rights under any provision of this agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein. 18. The Municipality is to provide office space, desk, desk chair, file cabinets, local phone service and use of a photocopier and fax machine for the Agency during the term of this agreement. The Municipality further agrees to provide necessary software, business forms, internet and permit clerk. Permit clerk will process permit applications and may issue single permit form, under the direction of the Building Official, when requested by contractor. (Example, HVAC, shed, fence). 19. The Agency agrees to provide these services and the Municipality agrees to accept these services commencing on November 1, 2012. v/ Zv! y DATE C IEWELf & ASSOCIATES (AGENCY) James E. Kirk, Mayor DATE CITY OF OKEECHOBEE (MUNICIPALITY) Acknowledged and accepted Attest: City Clerk Approved as to form and legality City Attorney low 1"W EXHIBIT 1 Page I of 2 To JCNewell & Assoc BO Contract - 11/1/12 CITY OF OKEECHOBEE FLORIDA PERMIT FEE SCHEDULE Building valuation of commercial and residential new building construction wilt be based on the most resent publishing of the International Code Council Building Safety Journal, building valuation data, estimates per square foot, including the regional modifier, of all under roof according to the type of construction and use. A. Residential One and Two Family Dwelling: 1. New building $4.10 per thousand of total valuation $40.00 minimum 2. Remodelladditions $6.00 per thousand of total valuation $40.00 minimum 3. Accessory Structure $6.00 per thousand of total valuation $40.00 minimum 4. Roof/Reroof $40.00 5. *Plan Review $.40 per thousand of total valuation $40.00 minimum B. Commercial Building 1. New building $5.75 per thousand of total valuation $50.00 minimum 2. Additions $7.00 per thousand of total valuation $50.00 minimum 3. Remodel $7.00 per thousand of total valuation $50.00 minimum 4. Accessory Structure $7.00 per thousand of total valuation $50.00 minimum 5. Roof/reroof $7.00 per thousand of total valuation $50.00 minimum 6. *Plan review $1.50 per thousand of total valuation $100.00 minimum 7. Occupational License $50.00 8. Other $50.00 minimum Rn C C. Mechanical and Miscellaneous EXHIBIT 1 Page 2 of 2 To JC NewelI & Assoc BO Contract- 11/1/12 1. Plumbing New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 2. HVAC New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 3. Electric New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 4. Gas New Structure, Additions and Alterations - $40.00 plus $1.00 per thousand of total valuation $40.00 minimum 5. Mobile Home Set-up Fee New Structure - $50.00 includes building only. Electric, Mechanical and Plumbing - separate permits as needed. (does not include accessory structures) 6. Special Inspections and All Other Inspections Where No Permit Fee is Generated $40.00/hr. l hour minimum $40.00 7. Signs Plan Review: New or replacement with or without electric $l 25 per thousand of total valuation $40.00 minimum (Text changes, Lexanface repfacerrent and'WhiTmounted Signs ku than 32sf. - no plan reviewfee) Inspection: $5.75 per thousand of total valuation $50.00 minimum 8. Demolition Fee $70.00 for the first $20,000.00 of structure value and $4.00 per $1,000.00 of structure value thereafter 9. Re -inspection Fee - $40.00 10. Double Fee required for all work started prior to permit issuance. 11. Failure to call for inspection - $40.00 * All plan review fees are due at time of plan submittal. 6576 SE Floral Terrace, Hobe Sound, Florida 33455 • 772 349 0127 ■ newelljeffery@gmail.com Jeffery Carpenter Newell Objective Available to provide a contractual Building Official professional service or temporary/part time employment. Experience 2005 - 2010 Town of Jupiter Island, Florida Hobe Sound, Florida 33455 Director of Planning, Zoning & Building ■ Department Head. ■ Administration of Florida Building Code & local zoning regulations. Responsible for department budget preparations and administration. ■ Prepared and presented applications for the Impact Review Committee, Board of Adjustment, Code Enforcement Board, and town related reports to the Town Commission. Acted as public relations representative between the residents and local government. 2001 - 2005 Village of Tequesta, Florida Tequesta, Florida 33469 Director of Community Development Department Head Administration of Florida Building Code & local zoning regulations. Responsible for department budget preparations and administration. Prepared and presented applications for the Planning & Zoning Board, Board of Adjustment, Code Enforcement Board, Community Appearance Board, and the Village Council on matters of zoning and local commercial developments. 1996 - 2001 City of Clewiston Clewiston, Florida 33440 City Manager ■ Administrator of City Government. ■ Preparation and Administration of City Budget. ■ Monitored the City's Utilities (electric and waste water). ■ Prepared monthly reports for the Town Commission on status of city infrastructure. 1992 - 1996 City of Clewiston Clewiston, Florida 33440 Director of Planning & Zoning • Department Head. • Administration of Southern Building Code and local zoning regulations. Reviewed and maintained the City's Comprehensive PIan. Prepared and presented applications for hearing by the Planning & Zoning Board and the Code Enforcement Board. Im 772 349 0127 • newelljeffery@gmail.com Jeffery Carpenter Newell 1989 —1992 City of Punta Gorda Punta Gorda, Florida 33950 Building Inspector ■ Inspection of commercial and residential buildings. ■ Assisted other departments when needed. • Prior to employment with the City of Punta Gorda, licensed as a residential contractor. Education 1994 - 1996 Palm Beach Atlantic University West Palm Beach, Florida Bachelor of Science in the Management of Human Resources 1975 —1977 Manatee Community College A.A. Degree, Liberal Arts with a minor in History. State of Florida Licenses: ■ Building Code Administrator BU1246 • Standard Plans Examiner PX2055 ■ Standard Inspector BN5987 References Bradenton, Florida Mr. Russell White Village ofTequesta, Florida 561 575 6240 Mrs. Joann Forsythe Village ofTequesta, Florida 561 5756220 Mr. Greg Corbitt Village of Tequesta, Florida 561 575 6247 Mrs. Carol Hazel Town of Jupiter Island 772 545 0100 Mrs. Gwen Carlisle Town of Jupiter Island 772 545 0103 Mr. Bobby Hurst Town of Jupiter Island 772 545 0171 Mrs. Terry Morgan Town of Jupiter Island 772 545 0150 Mr. Philippe Jeck Attorney at Law 561 746 1002 Mr. Mark Gaylord Attorney at Law 772 545 7740 0 Exhibit 13 Oct 16, 2012 MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, City Clerk 01 Subject: Annual Bid for Mapping Services Date: October 4, 2012 Please consider waiving the formal bidding procedures and award the annual mapping services bid to Global Mapping Services in the amount of $8,800.00. Mr. Williams is still the mapping consultant for the Property Appraiser and we continue to share the same updated information, which in turn keeps the City's costs down. Since there is no other mapping company that works for the Property Appraisers Office conducting this type of work, I have requested that the City Administrator approve and recommend that this be considered a sole -source based on maintaining operational standards and serves as the best working relationship with the Property Appraiser's Office. In keeping with Code Book Section 2-288. Department Heads may recommend purchase of a specific brand if they feel, through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sole -source purchasing could involve compatibility with existing equipment, maintaining operational standard, or lesser serves requirements which reduce down -time and maintenance cost. When making such a recommendation, the Department Head shall submit written justification to the City Administrator, whom may waive bidding and grant the purchase request in cases where the estimated value of the purchase does not exceed his bid award authority ($7500.00). Above that limit, the written justification and recommendation shall be referred to the City Council for approval. Sole -source reviewed and approved by the City Administrator, to forward to the City Council: Brian Whitehall/City Admin On M Invoice Date Invoice # 10/1/2012 581 Bill To Global flapping, Inc. Lane Gamiotea City Clerk 1418 NW 141 Street City Of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34972 Okeechobee, Fl 34974 Terms Due on receipt Item Description Qty Rate Amount Yearly Semites GIS Yearly Mapping Services 8,800.00 8,800.00 &[)LL Total Due $8.800.00 Payments/Credits $0.00 Balance Due W800.00 (863)697-3834 Conbct@globain7appinginc.com www.globalmappinginc.com i City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhitehall(i�cityofokeechobee.com Q* * * * *Memorandum M Date: Oct 16, 2012 Agenda TO: Mayor & City Council Z. FR: Admin Whitehall ". DPWks Allen RE: Mosquito Control I reported that we have spent about $300 to date on mosquito control dunks, applying them throughout town in any standing water. Research indicates that that application is most effective on future eradication, but, of course, does very little to arrest existing flying mosquitoes. On Monday, Oct 15t', David and I met with Dug Wilson, Fleming Pest Control, and I've attached a quote hereto. It's derived from the Clewiston contract. Please add to the Agenda a motion to piggyback on Clewiston's Mosquito Control Contract retaining Fleming Pest Management, Lehigh Acres, to conduct an adult mosquito insecticide application. Particulars include at least one trap setting ($75) and insecticide application at the rate of $20.15/spray mile with an estimate of 65 miles for a total of about $1300, and purchase two cases of mosquito dunks at a rate of $86.48 @, equaling about $200 for a total of about $1600 in mosquito control. *AW On David Allen From: dug wilson <dugwlsn@yahoo.com> Sent: Tuesday, October 16, 2012 8:52 AM To: dallen@cityofokeechobee.com Subject: Mosquito Control Attachments: clewiston contract 20110001.pdf Good Morning Mr. Allen, It was very nice meeting with you and Mr. Whitehall yesterday. Attached is a copy of the Clewiston contract pricing, (it has been extended) Fleming Pest Management will extend contract pricing to the City of Okeechobee for all services requested. The light trapping (surveillance) is a lump sum on the contract, but broken down it works out to be $75.00 per trap setting. All Fleming needs to begin treatments on an emergency basis is approval and any maps the City may have showing areas to be treated (roads, paths etc). Adulticde (road spraying) will be performed by either truck or Kubota ATV at speeds less than 15 mph at a flow rate of 9.0 ounces per minute at 10 mph. This flow rate makes a large enough cloud to travel hundreds of feet from the road into harborage areas. If in the future the City needs to purchase Larvicides, please feel free to reduce your costs by buying in bulk: Mosquito Dunks (bti) $86.48 per case of 100 Altosid Briquets $142.50 per 100 (longer lasting) If you have any questions or concerns please feel free to call 561-319-3983 or email, Thank you, Douglas (Dug) Wilson Fleming Pest Management PS; I can attend the Council meeting if you like to help with questions if they come up. 0 1.✓ ?0 l( -201 1 N/ToSCltl I to C"ontroI C `()niraCt itv this c,om act m,-ldc and �,-ntcrc�J into in tilt C:I 1 `r' OF ( 1.F,WP—,TOV I'I.(:)K_lf).1. a nl�uticilrll Col,por-afion. l- hoSC rrtiltfltl__' I 15 We:,,l V,:i-irtril :�'t'"�lllt.'.. ( Iti" I ;ti;il:, l`ll)rli l .�.-410 owtvinaflCr reterr-c; to .as .,tire i tt�--, arld Pictmi;._ �- (i 1,80701 Whose ltn"'Hirtu kddres:: is 4' 16 1" Strccl S.W., Lehi,oh 'icrv;, FL 3_,97-6 rllurcirr;iticr rcic:rred to £tk "the Coillntclor-1_ the (It1` :nid the t_onlr<rctor ftC}3Ct}I I lr:rcinaltl=r rete''red to ?'t5 ` .he. Parties"'i rninually and et their ti als_ -is 1. Purpose of Agreement The (`ity has provided a Request for Proposrils to contractors and has received scaled mils li>r corrrpletc lnt>sgtrit_rl ccrntruL including but not limited to, Aerial adult Mosquito insecticide :Applications at S6.010.00 per application, Ground 1_ ltra Low Volume (i ;I,V) Adtdt Mos(Iuitcr Insecticide Applications at )b*"015 per sprat rrtile. Mosquito Larva Slow Rciease 12-0-ciao i_arvic:ide Applications at $74.40 per acre. Mosquito Larva Slow release (Bricluette) 120-day Larvicide Applications in Catch Basins at $6.20 per briquette, Sticky Spray Migration Balrier Adult Mosquito Insecticide with a Minimum of a Seven (7) Day Effectiveness at $72.00 per spray rtrile, and Adult Mosquito Trapping, Ivonito ing, and Species Identification at $10.400.00. The purpose of this agreement is to set. forth) the terms and conditions for tile award of this contact to the Contractor to perform those services in accordance with the. TECHNICAL SPECIFICA`l ONS attached hereto and incorporated as an integral component of this agreement. The Sid Document entitled "The Citv of Clewiston Professional Acriai and (Tround Control Services" presented by Fleming Pest Management, Inc. is incorporated as an integral component of this agreement. The services are; to be provided on the areas within the T-Iarle►n Conununity and the City of Clewiston. 2. .Initial Annual Terttzi of Agreement 1:xcept as hereal.er provided, this agreement shall commence on October 1, 2010. and shall end on November 'W, 21011. 3. encN-val of Contract and Subsequent Terms The contract term, inclusive of all ether terms and conditions provided herein, may be extended bevond the Inifial +mull Term for up to two additional anniull terms, provided the Contractor requests and the City Manager {grants in vvritirlg an extension for an additional arinual terms j. In no event shall the terms and condition : of dais agreernent last beyond November 30. 2013. 4. 'Yerminatio n of Contract — Without Cause Either party .may terminate the contract at any tine; without cause by giving a sixty (60) (lay written notice. 4. Terttrttination of Contract — With Cause l`,itber party rtiay tc:rmlj.iatt this contract at any time if there is Crj-tlSe. provide`.d pre7lrcr rrc�tryication is Overt a describe in section -X .Default Remedies- below=. Cause includes. but not limt d to- noijj)ejfcq'IlIarICL of -Inv obli-euon of* colitrlc : hroarll r 'a Tll:tt2r1'i71 1_'lil] IYm_-pii,."aiti t ..r,'Z t!!?1 . ,zEft i 'Yi. I_ M ' tt. T. ._ I [«�I,:t .ryt_ .1 j•.`� i=_` _ite ?1C. jJ_ :fit nt?ll. on, except f(>r 1nonix-r ornlal(ct ::1 iTi ?E IP"',Ji lt)1 211t]]> 01 IM Or th,- con'relc it7il':,; t7�1i1t�v idl;' rC11L.. "I'deC tivC 13.3i11'ruptcy Code or ap.p0:ittT'kill 1t, cl I'CCCI'.Cr t]i- I-J)SCce. 6. Obligations of the Contractor 1 lRr 3�ltTjl(1(I) t�lC lcmR! ) tr Fill: -- t onir;ictl $__ A. Perfimn all obligations I I NLlant to d?is contract limit -of to of}1ai nm— .:end manit ini.], in cffeci all .applicable liccrtses_ p(rllit&.Iirl Wc]rkel C`{;ltipcnsati,]n flz.lu`ane.c, and Maintain throughout the terintsi of the contract general public- t<<�hility insurance and vclticular insurance p:+licics having personal injury limits for nol. le>s than liIHAS 01' liability mandated by laW, which pc;1licy Or pealicies rnilSt also nanle the CAN , S co- insured. Contractor must provide the City w1h a certificate evicltneing., such insurance within three (4) business days after the execution of this contract, which certificate Shull contain a provision that the coverage cannot he canceled without sixty, (00) days prior wTItten Notice to the ("lty: C~. Provide all of•#he necessary personnel, vehicles, equipment., supplies, fuel, chemicals. and materials to perform all of the services specified in this contract, and to perform all cif those services in a prclfessional and timely manner. and D. Provide the Cite with a copy of a detailed listing of all personnel and a detailed inventory of all equipment necessary to demonstrate that the. Contractor can adequately perform the cont.TaCt. That listing and 'inventory are attached hereto and incorporated as an integral component of this agreement. I1. ?1-1aintain all equipment used in performing the contract in good working condition and neat in appearance with all safety guards in place, F. Perform all of the obligations of CoiitractoT pursuant to this agreement to the:. reasonable satisfaction of the City Manocr of' the City, or his expressly appointed designee. G. By the 7Rh day of each calendar month during the term(s) of the contract deliver to City Manger of' the City, or his e cpressly arptx)iWed designee, a statement of the services provided by Contractor daring the pTeceding calendar month. 7. Obligations of the City Throw,hout the term of-tbe agreement, the C;ity shall: k -0 H)(1 all UjIaCCI`J)Ua�Hc 6wrk or -%Wk 1 1 r bv r I I I en I I)";). I) ci . 'h B. (.III or bcl'(lrc the I ".-)f OIC MOILIL11 1'0110WITI.V lilt'.- 111011d', 1 cEdcd J-xiN to 1. i lhe. \vu, k pim 11) ,.Jr 14. Notices A.'IV provided SO"'11 be JCCHICJ \L-Edk -i-711"ell '01,1100 I)MId ddivcFC(" M- wilt-11 S. \1k1I :N�, 1J d' Ti:S.;C:4 Ltj I[ )CdTI n a i I il I), o of 1R� -, sl I! rak: I I) oi 'I I F I 'Address, .Is 111.1} bo specified by c'lilicr pa-rL\ 10 the i)Mier b,vritten noticc)_ 9. Miscellaneous Fbis doctiment contains the entire understandiiw- Of thC tMIFUCS COTIM-niiiIi lbe subject matter licre.of and shall not be ainended, except in writtwz executed vN-Ith the same fibrinalitv as this a�,ITCCI`nent. This contract shall be interpreted pursuant to Florida law and the venue ti)r Wiv interpretation or enforcement shall be in Hcmdry Count`,, Florida, N W11NESS X-VIIERLOE the parties have signed this agreement or utused their duly authorized of to affix Lheir bands and seals on the daya-nd year indicated herewith, I Fxecuted on behalf of the Citv this tilt` day of Octobe-t . 2010. Bv: Steve McKown, City Manayer Attest: —1 Mlirilyii City Clerk [CITY SENIJ __/j ,e2_ Signature o iine�sl Y Print or TypeNanle of Witness Signature ol'Witness P, r Print orT,,vpe Name- of witnqcSs Rxecuted on behal fofllie ("ontrictor this -> dav ol'Novcmber, 201 7 J11 _k- . S ture of W i t ness Print or]ypc Na-Me of rtr>Eess OCA 16, aD ra. The Updates!` r from the City Administrator's Desk SS SE 3rd Av., Okeechobee, FL 34974 City Council meeting OLOct 16, 2012 • Colton Brown and Matthew Saucier on Agenda for recognition for achieving Eagle Scout. You recall Mr. Colton's project was all the benches in Flagler Park ... he did a remarkably great job with this! • CDBG Housing rehab project bids — On the Agenda is the award of bids opened 9/19/12 for the grant funded housing rehab project. The comprehensive exhibit describes the consultant's (Nancy Phillips & Assoc) recommendation, the improvements for each project along with a bid tab. Budget summary. $560k-housing rehab, $105k admin; $35k occupant relocations. • Legislation — Constitution Amendment 4 ballot question. On the Agenda is a proposed Resolution addressing the Constitutional Amendment 4 as proposed by the FL Leag of Cities. The Resolution points out several issues but in the end simply "urges its residents to carefully consider the potential adverse consequences" of the November ballot question. • Main Street Beautification grant — I placed in your box (and if not picked up, now enclosed in your packet) excerpts from the grant application that the City advocated as the last Council meeting. • Street closings on the Agenda as reflected in Exhibits 7 — 9. Building Dept / General Services: • Zoning and Future Land Use map conflicts — Ord's 1092 & 1093 on the Agenda reflect the Planning Board recommendations to the conflicts. Enclosed in the packets for supporting info is the memo directed to the Planning Board from LaRue's Brisson along with the September 20 Board minutes. McDonald's sign regulation amendment request (Ord 1094 on the Agenda) — Some time ago, I referred to the request from McDonald's for a more liberal signage provision so as to allow adequate side street signage. Currently the Code provides for 'building signs' as 1 sq' for each linear foot of the building facing the front of the lot. McDonald's claims that's too restrictive and is requesting 1 sq' for the building facing any street, giving them credit for the side street. Bill and I both agree that the 'perfect sign ordinance' may be a bit restrictive and there is much data included in the Staff report, but in the end the Planning Bd agreed w/ Brisson's proposal of simply identifying the limitation based on the very quantifiable lot size, with the restriction being 1 sq ft of building signage for each 1 linear foot of frontage property line. In McDonalds' case the end result signage is about the same as their request. Page 1 10/16112 Activity Rpt General Services Cont'd — • Building Official — On the Agenda is a proposed contract for Building Official services from Jeff Newell, who has been acting as a substitute (actually already working 3 days a week) for Ray Schaub. Substantively the contract disparities incl: Schaub's - $5,000 per month plus sixty-five percent (65%) of all building permit fees collected by the Municipality, in the same month, over $6,000. Newell'S - $5,200 per month (without any participation in the fee revenue) Mr. Schaub's contract was considerably more cost advantageous for the City than the prior Independent Inspectors contract and Mr. Newel's contract will be substantively better than Mr. Schaub's. Statistically: Bldg revenue Bldg wage costs Difference 2009-2010 131,200 118,600 12,600 (Ind Inspec 2010-2011 69,300 60,500 8,800 (11+Schaub 2011-2012 108,400 89,000 19,400 (Shaub only Total 308,900 268,100 40.800 In aggregate the last 3 years under Mr. Newell's contract, the City would've realized $121,700 (308900-187200(his contractX3)) vs $40,800. I've discovered that the new building official w/ the County receives $68,000/yr (with a range of $61,908 - $92,863) as an employee with all the benefits above and beyond that amount... again, Mr. Newell will be a contractor of the City w/ no benefits. And, conversing w/ Mr. Schaub, the building official rate proposed with Newell, is very competitive. • Board applications: Noel Chandler has submitted an application for the OUA Board (replacing Randy Huckabee) and is scheduled for approval on this Agenda. John Creasman has submitted an application for the Planning Board and it's intended to hold that application until after the election when Malissa Morgan steps down and the City knows the disposition of Phil Baughman's status (currently an alternate) • Parking related issues & Business License issuance - Over the past few years one of the biggest complaints we have is Code compliance on parking and periodically denying licenses because of a lack of available parking. I am constantly putting myself in a Code compromising position by trying to figure out a way to, well frankly, circumvent the Code in an effort to be pro -business while still justifying compliance and thinking of the more far reaching ramifications. I'm well aware of the contradiction to relax the Code in as much as the parking requirements weren't just drawn out of thin air ... it just takes so much parking for certain types of uses and the City is simply protecting the public's interest. Nevertheless, I receive a barrage of complaints from applicants, owners, and Councilmen about applying what they all think is a common sense approach. Some time ago, the City Council did relax parking requirements in allowing a new business/same use in a prior existing facility that didn't meet current parking standards... like a grandfather clause. Finance: • Nathan Pippin has resigned the Finance Clerk job to accept a position elsewhere and we are accepting applications for that vacancy. Page 2 10/16112 Activity Rpt Finance Cont'd — • Budget - We rec'd good news from the Appraiser's office this week. The final Certification of Taxable Values reflects a 1.89% in taxable value, up from $226,014.111 to $230,286,930 which equates to approx. $32,000 in additional anticipated tax revenue. • Health screening — The `Wellness Fair' (`Fit four fall) program where our employees would have the exposure to health screening is scheduled for Nov 14, 2012. The plan is to have approx 300 employees from the OUA, County and City participate at the Civic Center, on Hwy 98. Fire Dept & Code Enforcement: • Code Board Foreclosure recommendation - At the Oct 9 mtg the Board recommended foreclosure on the property at 407 NE 91t' Av (Kurt Keplinger) as a result of two cases one in 2010 (Case 10-097) with a lien of $5,725 and one in 2011 (Case 11-113) with a lien of $47,500. The City has mowed the property a few times and I've been advised that the mortgage company has released their interest. Plan to consider at the Nov 13th Council Meeting. • Fire Dept Activity report - Chief Smith sent me a 3-page report as to what the department has been up to the last cpl of months and I've attached it hereto. CALLS Jul 2012 11 Aug 2012 11 Fires 2 3 Med/rescue 69 86 Haz mat 3 5 Service Call 4 2 Good Intent Call 17 8 False Alarm/Cancelled 5 4 CALLS Sep 12 11 Fires 2 4 Med/rescue 93 86 Haz mat 4 6 Service Call 2 2 Good Intent Call 10 4 False Alarm/Cancelled 0 4 Fires 7 6 Med/rescue 69 75 Haz mat 10 1 Service Call 3 3 Good Intent Call 21 3 False Alarm/Cancelled 3 2 Public Works: • SR 70 (Applebee's) turn lane project - We met with the FDOT in Sebring last week and I'm attaching the minutes (3-pgs) from the meeting to provide an update. FDOT has implemented a new policy for 'permanent' improvements on DOT R-O-W, which requires a Construction Agreement instead of the normal DOT permitting process. Resolution 12-10 is on the Agenda, approving the Construction Agreement. I've previously sent you a copy of the plans. Page 3 10/16112 Activity Rpt F ,,,,,,ic Works Cont'd — ," L • Post Isaac mosquito control — The City (and County) will receive no government assistance for mosquito control, but we have purchased a few hundred dollars of spray and `dunks' and applied to most standing water area. I know that it isn't as effective as a fogger or aerial application, but anything helps. I've asked Donnie/David to investigate a fogger purchase along with application issues as this isn't the first time we've been compromised. I spoke to Charlie Norris, who conducts the Buckhead Ridge mosquito control. As a good long range solution he would entertain contracting w/ the City but isn't currently in a position to do it. In the mean time he suggested pursuing Clark Mosquito Control and we are investigating that service. • Tech Review Comm for FL Pub Gas — On Nov 15th we plan to have a TRC meeting to review the installation plans of FPU, as was discussed when the City adopted the Franchise Agreement. We will be reviewing : Distribution mapping, showing the main skeleton and various sized lines throughout... with proposed areas and planned construction phases. There should be detail of each area proposed for jack and bore, including any open trench areas. Safety provisions to be made for any construction areas, included traffic concerns etc. Identify all locations w/ easement needs and securing FDOT permitting approval. Identify where FPU plans to have temporary (including staging equipment) and long-term storage. Does the company plan to have an office facility and is it appropriately located? DPWks office remodel — As mentioned we are under construction in that office. SW 21st Storm Sewer County grant funded project — Last construction mtg was held Oct 3. As you can see the project is underway, particularly at the 7th Av intersection and I've attached an update (2-pgs) prepared by CAS. Roundabout replacing signal at SW e A and S Park St — I spoke to Culpepper and Terpening (the engineering firm assoc w/ the Applebee's turn lane) again last week about the roundabout concept and their initial reaction was that they may be able to provide a draft (free of charge) of how it may work. After I receive that I will forward to the Council for discussion. SR 70 & 441 intersection — Timeline- Phase 160% (Jan 2012), Phase 11(Jul 25) 90%, Phase 4 — Nov, Final 12120112, Utility clearances, development of bids and budget timing move the tentative bid letting to 12/4/13. Building design — house elevation discussion — I've had several conversations w/ Bill Brisson on a code amendment. And I've reviewed the changes with Dept Heads. The Bldg Official had some compliance issues w/ the 25-yr storm event compliance matter as an enforcement issue. So, am continuing to work on it. SW 11th St 200 block grant funded retention pond — County grant admin Debbie Belcher is hopeful that some CDBG grant hurdles can soon be rectified. • Coming Council meetings dates: November 13 December 4 January 15 End.... Page 4 CITY OF OKEECHOBEE ` w FIRE DEPARTMENT STATUS REPORT 10 October 2012 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: July/August/September 2012 (Status Report) INCIDENTS Total of 100 Calls for July 2012 (108 in July 2011) (see attached graph) Total of 113 Calls for August 2012 (90 in Aug. 2011) (see attached graph) Total of 111 Calls for September 2012 (106 in Sept. 2011) (see attached graph) Average response time within the city limits for this period (4 minutes) PLAN REVIEWSANSPECTIONS (Chief Smith reviewed/Conducted inspections on the following): * Annual review for Life safety plan per request of "The Heritage" facility. * Plan review of Bad Apple Salon. * Papa John's and McDonald's. * Sacred Heart Church remodel including fire alarm and fire sprinkler systems. * El Cielo Azul (old el amigos) installed a fire sprinkler system. The occupant load will be increased and the new occupant load to be "600" in dance hall and "100" in billiard room. * Conducted courtesy inspection for possible arcade in building the Red Cross is located also. * Deiby's Billiard's located in the Azteca building. INSPECTIONS conducted by duty crew inspectors for (Annual, New Business, New Owners, etc.) (Pre -fire Plans/Walk-through) SPECIAL / MISC. * Fire Crews are conducting weekly "wash downs" of a different intersection in the city every Sunday. * Change in laws that mandate that has the authority to regulate "open burning" within the State of Florida including cities. The Okeechobee Fire Department does not have the authority to issue or regulate open burning within the city limits. The Florida Forestry Division has this authority. * Firefighters assisted OCFR with an airplane crash in the Northwest section. MEETINGS (Chief Smith attvdded the following): 100, * Council Meeting * TRC and Code Enforcement * Mutual Aid Agreement with OCFR on mutual aid procedures * With OUA on upgrades recommendations for the hydrants and water supply in the city. * With Chief Stokes of the Seminole Reservation to discuss mutual aid and network. Members participated in pension board meetings. FIRE PREVENTION & PUBLIC RELATIONS * Waiting for response from Attorney Cook on the possibility of utilizing a third party company to assist with fire protection system reporting required by inspection companies and business owners at no cost to the city. * Assisted EOC with identification of flooded homes within the city in hopes of the owners possibly getting federal assistance. (Lt. Hagen assisted greatly also with this project) * Firefighter Josh Sanders assisted/participated with Career Day at IRSC. * Duty crews participated in parades and Engine one utilized for councilman. * Assistant Chief Douglas set up Fire Prevention Week program for the local schools. * Fire Crews conducted Fire safety and Fire Extinguisher training classes for several local businesses within the city. TRAINING * Conducted the first mutual aid pre -fire plan with OCFR at the Ecotec complex on SW 7th ave. One of the things produced from the mutual aid meetings between the two departments to ensure services are continued and improved as necessary when the two departments are working together. * Firefighters attended pipeline training for the new natural gas lines being installed in the county and city. * Firefighters attended required FEMA classes for Incident Command. * Working on grammar/spelling (reports). (Quality assurance) * Firefighters critiqued a fire department response that was filmed by a newspaper to assist with understanding strategy and be aware how the public perceives us before, during, and after responses. * Participated in mutual aid training with OCFR. PERSONNEL * Working on tweaking overtime procedures in hopes of reducing overtime throughout the year. * Two Fire Officers (Assistant Chief Douglas and Lt. Baugh) now are officially in drop program. * I designated Firefighter Weeks as an "unofficial" safety officer and quality assurance. We are required to have someone designated as the person to go to for medical exposures, etc... Obviously, there is no pay compensation associated with this only a title to meet the requirements. Scheduled a mandatory staff meeting with all firefighters on the 16th of October to go over some changes that are coming up as far as staffing, overtime, changes in responsibilities, and eventually a shift change involving most of the department. I will be requesting a meeting with the Administrator to discuss possible changes in the Kelly day and scheduling pay period to possibly help keep the cost factor down for personnel. * Volunteer Timmy Paln't 'has completed his EMT class and is nb W attending the Fire Academy in Fort Pierce. He will be a good option for full time employment in the future. * Annual physicals are now being conducted for all firefighters. * Replaced large exhaust fan for bays and pressure washer due to high repair cost. * Firefighters repaired the station air compressor in the bays. STATION AND EQUIPMENT * For the most part, the SLERS communication system seems to be working properly with a few issues with "tone outs" occasionally. * Repeaters were installed in Engine 6 and Fire Chiefs vehicle to enhance "talk around" communications on scene. * Battery issues have been resolved after SLER technicians rewired radios. (Fire Chiefs truck) * Brush truck was involved in an accident and has been totally repaired and painted. The truck was not damaged to the point it could not be used. Accident caused by someone running a stop sign and hitting the truck while they were on an emergency call. * Training dummy is in station. We used a homemade dummy made of old fire hose prior. * All the wild land gear has finally come in that we ordered using the 50/50 grant last budget year. * A local company has the ability to make a "training sled" for our department at half the cost. Presently, we use the OCFR's training sled (sled used to imitate chopping and monitor physical ability) during the initial hiring phase and throughout the career of firefighters. The price for a new sled by a manufacturer is around 3,500 dollars. We will be looking into this in the future and it will be discussed with the administrator for guidance. Code Enforcement * See attached reports * Working on several homes involved in foreclosure. (Attempting to make contacts for maintenance) * Working with CSX/Amtrak about substation and older building. * Having issues with code enforcement vehicles rear lights. Have had bulbs changed and looked at by several people. It seems to be ok at this time but have had the lights go out in the last few months. ter✓ Project No.: 12-203 Meeting Minutes No.: 1 Meeting Date: 10/9/12 Issue Date: 10/ 10112 CULPEPPER & TERPENING, INC GONSULt ING ENGINEERS LAND SURVEYORS MEETING MINUTES NO. 1 The contents of these minutes are assumed to be correct unless writer is notified, in writing, of any additions, corrections, or deletions within three (3) calendar days of receipt. Project: City of Okeechobee SR 70 Turn Lanes Meeting: FDOT Pre -Application Meeting Location: FDOT Sebring Office Attendees: As Provided on attached Sign -in Sheet Author: Stefan Matthes Distribution: Attendees For corrections or clarifications. contact: Stefan Matthes Item Action I By Discussion 1.1 AC C&T The purpose of the meeting was to discuss the permit application requirements with the FDOT .for proposed turn lane improvements to SR 70 between SE 101h Avenue and SE 13th Avenue. The purpose of the project is as follows: • The City procured CBDG funds to provide enhanced access to the commercial property's along the south side of SR 70, specifically a directional left turn lane. • The directional left turn lane will provide west bound traffic direct access to a joint use driveway for the recently contracted Applebee's Restaurant, Hampton Inn and US Post Office. • C&T provided a preliminary design of the proposed horizontal improvements for initial review by the FDOT. The preliminary design was based upon the conceptual design utilized to procure the CBDG funds. • The CBDG Funding agreement requires substantial completion of the work by February 2013. • The improvements will be limited to work within the median between 10d, and 131h Avenue and possibly resurfacing of the through travel lanes. No additional improvements are proposed to the boarder of the roadway section. • The project will include upgrading the left turn lanes at both 10th and 13f Street to meet current taper standards. • No improvements are proposed tothe signalized intersection at 1.O1h Street. 1.2 AR C&T The project Key Sheetwill include the following information: • State Road 70 • Section Number 91070 • We Post 10.152 to We Post 10.334 (10th to 131h ) • Access Classification 7 • 35 MPH .Posted Speed Action Complete AA = Action approved AR = Action required H= Hold NA = No Action C:\DOCUME--I\smattlies\LOCALS--1\Temp\ELF20121010_154439\12-203 Okeechobee SR 70 Turn Lanes, 001, FDOT Pre-ap meeting minutes (10 9_12).doc A LEGACY OF EXPERTISE AND EXCELLENCE 2930 SOUTH 25T.H STREET I FT. PIERCE. FL 34981 t772) A54-3537 FAX: (772) 454-9497 Project No.: 12-203 Meeting Minutes No.: 1 Meeting Date: 1019112 Issue Date: 10/10/12 MEETING MINUTES NO. 1 The contents of these minutes are assumed to be correct unless writer is notified, in writing, of any additions, corrections, or deletions within three (3) calendar days of receipt. 1.3 AR City FDOT indicated that the City will be requited to provide Construction Engineering and Ins ection CE services during the construction of the project 1.4 AR City The construction contractor, once selected, will be required to provide a Maintenance of traffic O certification 1.5 AR City The FDOT will require a Pre -Construction meeting to beheld on site prior to commencement with the construction work. 1.6 AR C&T The construction plan preparation will need to follow the typical FDOT Plans Preparation manual (PPM). The plans will be prepared on 11" .x 17" sheets at 40 scale and include the following components: • Key Sheet • Typical Sections • Plans and.profile Sheets • Cross Sections at 50' intervals • Signing and Marking Sheets • Erosion Control Plans • Maintenance of Traffic Plans 1.7 AR C&T Since tine work is limited to improvements within the median, drainage spread calculations will not be required. 1.8 AR C&T The pavement section for the new turn lane work shall match the existing pavement section up to 4" of asphalt The geotech report should provide the existing pavement information. 1.9 AR C&T Resurfacing of the existing travel lanes should be 1-1/4" of FC 9.5 1.10 AR FDOT Larry Ransom will contact the District office to determine if resurfacing of the existing travel lanes will be a requirement of the project He subsequently indicated that it would not be required, however if funding permitted, it could be done as part of the project 1.11 AR FDOT Larry Ransom will run a Lane Closure Analysis of the roadway section to provide the tithes that closing of a travel lane would be permitted by the FDOT. The subsequent lane closure analysis indicated that the work hours for lane closure of SR 70 would be from 7:30 PM to 6:00 AM, 1.12 AR City The project will be permitted through a Construction Agreement between the City and FDOT. The City will need to appoint a Construction Coordinator by City Resolution. FDOT provided a sample resolution to use as an acceptable guideline for City Council approval. 1.13 AR City The Construction Agreement and City Resolution will need to be project specific. The Construction Agreement will not be acted upon by the FDOT's attorney until the plans have been reviewed and accepted and the initial forms provided by the City. Action Complete AA = Action approved AR = Action required H= )'-Told NA = No Action C:\DOCUME-llsmatthes\LOCALS--llTemp\FLF20121010_154439ll2-203 Okeechobee SR 70 Turn Lanes, 001, FDOT Pre -up meeting minutes(10_9_12).doe VOW 1..r Project No.: 12-203 Meeting Minutes No.: 1 Meeting Date: 10/9112 Issue Date: 10/10/12 MEETING MINUTES NO. 1 The contents of these minutes are assumed to be correct unless writer is notified, in writing, of any additions, corrections; or deletions within three (3) calendar days of receipt. Plan review will follow the typical permit submittal process with the exception of the 1.14 AR C&T final permit issuance. The plans submittal will be provided to Mr. Ransom under a cover letter that includes the Standard Access permit form filled out (to provide the pertinent project data). The plans shall be labeled "Exhibit A Sheet _ of " in the lower right hand corner so that they can be attached to the Construction Agreement. 1.15 AR I C&T The review plans can be submitted electronically to expedite the review process. FTAction Complete AA = Action approved AR = Action required H= Hold NA = No Action C:IDOCUME—llsmattheslLOCALS-1\Temp\ELF20121010_154439%12-203 Okeechobee SR 70 Turn Lanes, 001, FDOT Pre-ap meetutnig minutes (10_9_12).doc In City & Okeechobee County SW 215f Street Drainage Improvements October 3, 2012 R Minutes for 2"d Construction Progress Meeting The meeting began at 9:05 AM. Attendees: Okeechobee County: (Owner) City of Okeechobee: Go Underground Utilities: (Contractor) Okeechobee Utility Authority: Craig A. Smith & Associates: (Project Engineer) Roumelis Planning & Development: (HMGP Administrator) South Florida Water Management District: All lines of communication will go through CAS. Old Business Jim Threewits, Deputy County Administrator David Allen, Public Works Director Donnie Robertson Crayton Tillman Jamie Mullis, Inspector Orlando A. Rubio, PE, Dave Hansen Cindy Ricker Kelly Cranford, PE • Contract Start Date: A Notice to Proceed for August 27, 2012 was issued; 100 days for substantial completion and 20 days for project close-out. Meetinci Date Total Days from NTP % Contract Time to Date # of Days Remaining to reach SC Date 10/3/2012 37 19.2 63 • Original Contract Amount: $483,892.58 • Progress Payment: Pay appl. 1 approved • Percent Dollars Complete from most recent pay application: 3.4% ($16,414). Request for rain days will be submitted with each pay application; 3 days have been approved due to TS Isaac and subsequent inclement weather. The Contractor is reminded that specific dates are to be shown in the official request. Additional rain days may be submitted for the 10/5/2012 weekend. • Pre -construction Photos: Gale mentioned that these were delivered to Okeechobee and the City. CAS will be getting a copy shortly. Not submitted to CAS as of this writing. • Lines and Grades: No issues were brought up. • Utility Relocation: Additional deflections could not commence due to high water table from heavy rainfall. *"woe VOW OF OK City & Okeechobee County �Fyp SW 21st Street Drainage Improvements ? m October 3, 2012 Minutes for 2nd Construction Progress Meeting =_ • Submittals: An updated project schedule was submitted at the meeting. Box culvert headwall drawings are to be resubmitted. • Insurance (Bridgefield Employers Ins. Co) • Performance & Payment bonds (Bankers Insurance Company), • Permits and notices: Crayton has coordinated with SFWMD and has submitted a Construction Dewatering permit application. • Contractor's superintendent, construction methodology, and safety: Crayton Tillman will be the point of contact in the field on these matters. • Traffic Maintenance: No issues at this time. New Business • Project sign is under development according to Crayton. Per the previous meeting, Crayton requested to install Structure 28 (MH) within the north concrete driveway apron. The original location was proposed due to proximity of power pole. Crayton will coordinate with FPL to secure the power pole during the installation and CAS has no objection to this relocation. The existing driveway culvert at this location was not called out to be removed and the Crayton has indicated that the culvert will not be touched. However, the City is advised that if the existing pipe is not in good shape, then removal of the pipe may be warranted so as to avoid an additional disruption of the driveway in the future. A response from the City was requested via the previous meeting minutes. City has agreed to have the pipe removed (1013112). • A field meeting was coordinated with Century Link's Jim Nealis regarding a potential conflict with a relocated cable. The result of the meeting was that the new cable has sufficient slack to allow installation of 36" storm pipe. • Meeting was adjourned at 9:25 AM and the next meeting will be held on October 17, 2012 at 9:00 AM at the job site. The County will coordinate with all parties on the meeting time and place. P:\Counties\OkeechobeelOkeechobee Board of County Comm issioners100-0903-108-D-21ST STREEMonstruction MaMorrespondencelMeetingsl2ND PROGRESS MTG1Mtg Minutes for 2nd Progress Mtq SW21ST 2012.10.03.docx Lon 00-41 co October 19, 2012 Okeechobee News M (0 F U C (!lam City council attempts to change sign ordinance By Pete Gawda Okeechobee News It was a long evening for the Okeecho- bee City Council on Tuesday, Oct. 16, as they dealt with three lengthy and complicated ordinances concerning the future land use map, zoning and signs. City planner Bill Brissom got a good workout as he explained the three ordi- nances. After lengthy discussion the council passed the first reading and set Jan. 15 as the date for the second reading for an ordinance that would approve city -initiated changes to the future land use map classifications for six specific areas of the city. The second ordinance considered was defeated after another lengthy discussion. It dealt with city initiated rezoning changes from holding and other categories to various other zoning categories on several separate parcels in the city. The ordinance was sent back to the planning board to allow prop- erty owners to keep their present zoning or change to the zoning recommended by the city planner. The city's comprehensive plan will be amended to allow for holding zon- ing districts and permitted uses of zoning districts will be amended. The third 'ordinance dealt with what Councilman Clayton Williams jokingly calls the city's "perfect" sign ordinance because so much time was spent in developing the ordinance. However, one area that was overlooked in the lengthy sign ordinance development process, according to ,Mr. Bris- som, was the total signage area allowable for a building housing a single business. The council passed the first reading and set Nov. 13 as the date for the final public hearing for an ordinance that would change the city's method of calculating the total amount of building signage allowable for buildings with a single business. Under this ordinance the total square footage of such signage would be no more than one square foot for each linear foot of property along the front of the lot. The front of the lot was defined as the side upon which the property is addressed. The request for the sign- ordinance change was initiated by the McDonald's on Park Street. As a result of remodeling the building, McDonald's was proposing to have a total building signage area of 107 square feet. The current ordinance allows for only 49 square feet. In other action, the council: • awarded contracts to- Clean Cuts, LLC, McHaffey Construction, Neal Long Con- struction, Platinum Performance Builders, Sweat Trucking & Paving, and White Sands Construction for the CDBG Housing Reha- bilitation Program; • passed a resolution making Oct. 21 - 27 City Government Week; • approved a construction agreement with the Florida Department of Transporta- tion concerning turn lanes on Park Street at S.E. 1 Oth Avenue and S.E. 13th Avenue; • approved a resolution urging residents to carefully consider the potential adverse consequences of Amendment 4 on the 2012 General Election Ballot with Councilman Devin Maxwell casting the lone dissenting vote; • approved a temporary street closing for First Baptist Church on Oct. 31; • approved changing the date for a pre- viously approved temporary street closing for First Baptist Church from Nov. 10 to Nov. 17; • approved a temporary street closing request by Central Elementary School on Nov. 2; • appointed Noel Chandler to the Okeechobee Utility Authority Board of Di- rectors; • approved a contract for building official and inspection services; • waived formal bidding procedures and awarded a sole source bid- for mapping ser- vices; and • approved a one time mosquito spray- ing for the entire city. Post your opinions In the Public Issues Forum at www.newszap.com. Reporter Pete Gawda can be reached at pgawda@newszap.com. Sign up for Upward Basketball Upward Basketball is planned at First Baptist Church of Okeechobee. Basketball and Cheerleading registration is $65 due by Nov. 28. Forms/info are available at the church office and by calling 863-763-2171. Evaluations/orientation are mandatory and will be held Nov 29, 5:30-7 p.m. (Ist-4th grade) and Nov. 30, 5:30-7p.m. (5th-6th grade). Prac- tices begin Thursday, Jan..3, 2013. Games are Saturdays between Jan. 12 and March 2. �_HURCH OF OUR SAVIOUR "Come worship with us" Sunday .8am& 10:30am Holy Eucharist Mass in English 12:30 pm Holy Eucharist Mass in Spanish Wednesday 6 pm Holy Eucharist Service 200 NW 3rd Street 863-763-4843 Visit our website at www.okeecoos.com YOUR GBURCH To Advertise YOUR Church! VFW Post announces education writing competitions Ladies Auxiliary to VFW Post 4423 announces the kick-off of Voice of Democracy Scholarship Competition. Local High School students have the opportunity to compete Call 863-763-3134 or email