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2012-12-04CITY OF OKEECHOBEE DECEMBER 4, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 7 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 I. CALL TO ORDER - Mayor. December 4, 2012, City Council Regular Meeting; 6:00 p.m. In the absence of Mayor Kirk, Council Member Watford served as Mayor Pro-Tempore and called the December 4, 2012, Regular City Council Meeting to order at 6:04 p.m. II. OPENING CEREMONIES: Invocation to be given by The Very Reverend Edward Weiss, DD, Church of The invocation was offered by The Very Reverend Edward Weiss, DD; Our Saviour; Pledge of Allegiance led by Mayor. I The Pledge of Allegiance was led by Mayor Pro-Tem Watford. 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. City Clerk Gamiotea called the roll: Absent Absent Present Present Present Present Present Present Present Present (entered Chambers at 6:20 p.m.) Present Present A. Present a Certificate of Appreciation to Malissa Morgan for service Mayor Pro-Tem Watford presented a Certificate of Appreciation to Malissa Morgan, in recognition of her outstanding on the Planning Board, Board of Adjustments and Design Review service to the community by serving on the Planning Board, Board of Adjustments and Appeals, and Design Review Board. I Board, from April 15, 2008 through November 20, 2012. Mrs. Morgan was recently elected to the School Board. DECEMBER 4, 2012 - REGULAR MEETING - PAGE 2 OF 7 AGENDA ( COUNCIL ACTION -DISCUSSION VOTE { V. MINUTES - City Clerk. 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 November 13, 2012 Regular Meeting. November 13, 2012, Regular Meeting; seconded by Council Member Maxwell. There was no discussion on this item. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. today's agenda. New Business Item E, Exhibit 5 was added. VII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCES - Mayor. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 6:08 11 P.M. A.1. a) Motion to read by title only, and set January 15, 2013, as the final 11 Council Member Williams moved to read by title only, and set January 15, 2013, as the final public hearing date for public hearing date for proposed Ordinance No. 1095, City initiated proposed Ordinance No. 1095, City initiated rezonings; seconded by Council Member Maxwell. rezonings - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1095 by title only. Attorney Cook read proposed Ordinance No. 1095 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 PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL (IND); FROM HOLDING TO PUBLIC FACILITIES (PUB); FROM HOLDING TO RESIDENTIAL MULTIPLE FAMILY (RMF); FROM HOLDING TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Williams moved to approve the first reading of proposed Ordinance No. 1095; seconded by Council 1095. Member Maxwell. DECEMBER 4, 2012 - REGULAR MEETING - PAGE 3 OF 7 VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. A. 2. b) Public discussion and comments on proposed Ordinance No.1095. At the October 16, 2012 meeting, the City Council voted down proposed Ordinance No. 1093 which addressed rezoning all the properties throughout the City designated as Holding. These five parcels being presented for rezoning were also listed, and as directed by the Council, are being readdressed for rezoning in a separate ordinance, as they have a pending Future Land Use Map Amendment, Ordinance No. 1092, which was passed on first reading. The following properties, are being considered to be rezoned 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 5" Avenue. The area being considered for rezoning are the closed streets contiguous to Blocks 52 and 53, specifically, a portion of abandoned Riverside Drive, a portion of closed Northeast 6" Avenue, from 71" 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. The property owner, as well as surrounding owners, was notified of this Public Hearing and the Final Hearing scheduled for January 15, 2013. The Plant Manager was present at the September 20 Planning Board Hearing and did not state any objections to the rezoning. Map ID No. 12c is a vacant 0.99 acre unplatted parcel owned by William Mason. It is located along Northeast 9t" Street, West of Taylor Creek and East of Block 51. Mr. Mason was notified, as well as surrounding owners, of this Public Hearing and the January 15, 2013 Final Hearing. No one has stated any objections to the proposed rezoning. The following property is being considered to be rezoned from Holding to Public Facilities, based on 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 12t" Street and consists of 23.86 unplatted acres. The OUA Executive Director was notified, as well as surrounding owners, of this Public Hearing and the January 15, 2013 Final Hearing. Their legal counsel sent a letter denoting the OUA had no objections to the proposed rezoning. The following property is being considered to be rezoned 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. The Trustees were notified, as well as surrounding owners, of this Public Hearing and the January 15, 2013 Final Hearing. Prior to the October 16 Hearing, one of the Trustee's called the Clerk's Office to note they were in favor of the rezoning. A letter was received today and distributed prior to the meeting from the Trustee's, which requested the Council continue with the rezoning and future land use map amendment to Residential Multiple Family. DECEMBER 4, 2012 - REGULAR MEETING - PAGE 4 OF 7 I) AGENDA III COUNCIL ACTION - DISCUSSION - VOTE it VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. A. 2. b) Public discussion and comments continued for proposed Ordinance No.1095. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. Council Member Maxwell noted for the record that he was contacted by a neighbor of Map ID No.17, Ms. Debbie Shawner and that she was concerned with the proposed multi -family zoning and its potential effects on the neighborhood. Council Member Maxwell stated he was a proponent from the beginning of resolving the mapping conflicts. However, he had concerns with only addressing the Holding portion of this property, when the contiguous Blocks 190 and 191 will need to be considered. He suggested the entire area be addressed at the same time to give a better idea of how this is a transitional area. Following discussion, Council agreed not to make any changes at this Hearing due to the absence of Mayor Kirk, Council Member O'Connor, and Planning Consultant Brisson, but address them at the Final Hearing. The following described property is being considered to be rezoned from Holding to Residential Single Family -One, based on and as recommended by the Planning Staff Report findings: Map ID No.18 is owned by Ivan D. Doverspike, Trust, located at 1202 Northwest 81h Avenue. The unplatted 5.919 acres has a barn with an apartment and office as well as a small rodeo arena. The Trustee was notified, as well as surrounding owners, of this Public Hearing and the January 15, 2013 Final Hearing. No comments or objections have been noted for this property. Mayor Pro-Tem Watford asked whether there were any additional questions or comments from the public. No one present addressed the Council. VOTE KIRK - ABSENT MAXWELL- NO O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 6:20 P.M. A. Motion to adopt proposed Resolution No.12-12, accepting the Council Member Williams moved to adopt proposed Resolution No. 12-12, accepting the official results from the official results from the Okeechobee County Canvassing Board for Okeechobee County Canvassing Board for the 2012 General City Elections; seconded by Council Member Maxwell. the 2012 General City Elections - City Clerk (Exhibit 2). DECEMBER 4, 2012 - REGULAR MEETING - PAGE 5 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vlll. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No.12-12, accepting the official results from the Okeechobee County Canvassing Board for Attorney Cook read proposed Resolution No. 12-12 by title only as follows: "A RESOLUTION OF THE CITY OFF OKEECHOBEE, FLORIDA; ACCEPTING THE OFFICIAL RESULTS FROM THE OKEECHOBEE COUNTYI the 2012 General City Elections continued. CANVASSING BOARD FOR THE 2012 GENERAL CITYELECTION, PROVIDING FOR TERMS OFOFFICE TO BE', HELD BYJAMES KIRKAND MIKE O'CONNORAS ELECTED CITYCOUNCIL MEMBERS; PROVIDING FOR THE CITYCLERK TO ISSUE CERTIFICATES OFELECTION, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE," Mr. Kirk and Mr.O'Connor's new terms will be January 7, 2013 through January 2, 2017. Statement of Votes Cast provided by the Okeechobee County Supervisor of Elections with 2,658 registered City voters as of October 9, 2012: Name of Candidate: James Kirk Mike O'Connor Ray Worley Polling Precinct (No. 6): 492 431 277 Absentee: 234 253 120 Early Vote: 324 274 193 Provisional: 1 1 0 TOTAL VOTES: 1051 959 590 PERCENTAGE: 40.42% 36.88% 22.69% VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to accept a Florida Department of Law Enforcement Justice Council Member Williams moved to accept a Florida Department of Law Enforcement Justice Assistance Grant in the Assistance Grant in the amount of $2,202.00 for 14 Ballistic Vest amount of $2,202.00 for 14 Ballistic Vest Carriers and two Ballistic Vests; seconded by Council Member Maxwell. Carriers and two Ballistic Vests - Chief Davis. There was a brief discussion on this item. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Consider Citizen Board Appointments - City Clerk (Exhibit 3). In Exhibit Three, Clerk Gamiotea explained that due to Mrs. Morgan's resignation of the Planning Board, the position was advertised, and only one citizen applied to date. The Council has the option of moving an alternate member to the regular member position or appointing the new applicant to the regular member position. DECEMBER 4, 2012 - REGULAR MEETING - PAGE 6 OF 7 IF AGENDA IF COUNCIL ACTION - DISCUSSION -VOTE Vill. NEW BUSINESS CONTINUED. C. Consider Citizen Board Appointments continued. Council Member Maxwell made a motion to move Planning Board/Board of Adjustment/Design Review Board Alternate Member, Mr. Phil Baughman to Regular Member (filling Mrs. Morgan's term: December 5, 2012 through April 30, 2013) and appoint Mr. John Creasman as a new Alternate Member (filling Mr. Baughman's now vacant term: December 5, 2012 through April 30, 2015), seconded by Council Member Williams. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Discussion regarding the American Legion Fair - City Administrator Administrator Whitehall yielded the floor to Mr. Dan Fennell of the American Legion Post 64, who appeared before the (Exhibit 4). Council and advised the annual "American Legion Free Fair" will be held January 10 through 19, 2013. The fair will not disassemble until after 7:00 a.m. on Sunday, January 20 in order to eliminate the noise complaints from surrounding neighbors. Mr. Joey Richardson, the Director of the Amusement Company will be at City Hall tomorrow to complete the Temporary Use Permit application. Chief Davis requested he meet with him as well. Mr. Fennell also advised the Legion is expecting to have two fairs per year in the future. Mayor Pro -Tern Watford thanked Mr. Fennell for his information, noting the community looks forward to the event each year. No official action i was necessary on this item. ITEM ADDED TO AGENDA: E. Consider an Assignment of Lease for Mrs. Monica Clark of Glades Gas thanked the Council for adding the matter to the agenda, and explained she is selling Glades Gas on a 99-year Use of Alley Agreement - Monica Clark (Exhibit some property which has a 99-year lease for use of the East to West alleyway between Lots 8 to 10 and Lots 17 to 5). 19 of Block 49. A copy of the Lease, signed June 14,1977 was included in Exhibit Five along with a proposed Lease Assignment for Council to consider. Council Member Maxwell moved to approve and give permission to the Assignment of Lease, for the Alley Lease Agreement between the City and Glades Gas, to be assigned to the new property owner of Lots 8 to 10 and 17 to 19 of Block 49, City of Okeechobee; seconded by Council Member Williams. While reviewing the proposed document, Mrs. Clark requested the proposed Assignment of Lease be amended to delete paragraph number six. The language requires the new owners to submit an Alley Closing Application within six months. There was a brief discussion, Council Member Williams moved to amend the motion to approve and give permission to the Assignment of Lease by deleting paragraph six; seconded by Council Member Maxwell. DECEMBER 4, 2012 - REGULAR MEETING - RAGE 7 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VDTE VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: E. Consider an Assignment of Lease for VOTE ON MOTION TO AMEND Glades Gas on a 99-year Use of Ailey Agreement continued. KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. 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. y \ ATTEST: James E. Kirk, Mayor Lane Gamiotea, dMC, City Clerk VOTE ON MOTION AS AMENDED KIRK - ABSENT MAXWELL - YEA O'CONNOR - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. There being no further discussion nor items on the agenda, Mayor Pro-Tem Watford adjourned the Meeting at 6:38 p.m. The next regular scheduled meeting is January 15, 2013 at 6:00 p.m. 15 CM 16EPHDIDENT,_ l� NEWSPAPER$ OKEECHOBEE NEWS 107 S.W:'17th Street, Suite D, Okeechobee, FL 34974 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally y appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week . Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attaclw-d copy of advertisement being a 4t1 jIj -� -� %'✓ 2�_ J in the matter of in the 19th Judicial District of the Circuit,�Cou,r# of Okeechobee County, Florida, was published- fx tat newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said :newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the posttdfice in . Okeechobee, in said Okeechobee County,. Florida, .for a period of one year next preceding the first :publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement -for publication in the said newspaper. -----= Tom.: Byrd Sworn to and subscribed before me'thiaf itr";`':: tic JJ day of��rJ ! �, AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION t EE 1776M EXPIRES: April 20, 2016 Bonded Thin Notary PUM Undmv hers (863) 763-3134 CITY OF OKEECHOBEE DECEMBER 4,2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER - MAYOR: December 4, 20� 2, City uncil Regular Meeting, 6:00 p.m. ,`M C PAL — :11Lr,� R caz II. OPENING CEREMONIES: Invocation given by ev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk tIaLu-l--f Council Member Devin Maxwell Council Member Mike O'Connori,{,ttv— Council Member Dowling R. Watford, Jr. ' 1'/i-z 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 b:19 Fire Chief Herb Smith >/ Public Works Director David Allen t,� IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Certificate of Appreciation to Malissa Morgan for service on the Planning Board/Board of Adjustments/Design Review Board. n December 4, 2012 PAGE 2 of 3 V. MINUTES - City Clerk. A. Motion to dispense ith the reading and approve the Summary of Council Action for the November 13, 2012 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. A.1.a) Motion to read by title only and set January 15, 2013 as a final public hearing date for proposed Ordinance No. 1095, City initiated rezonings -City Attorney (Exhibit 1).�- b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1095 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1095. �� k %y► b) Public discussion and comments. `f 7X-) � 4e c Vote on mon� ' FL CLOSE PUBLIC HEARING. (e ; -►/ - n W/ VIII. NEW BUSINESS. l , �/yx��, r ate, f You. A. Motion to adopt proposed Resolution No. 12-12, accepting the official results from the Okeechobee County Canvassing Board for the 2012 General City Elections - City Clerk (Exhibit 2). �G�i , j%1 Aeez-)L , ajl� U B. Motion to accept a Florida Department of L w Enforcement Justice Assistance Grant in the amount of $2,202.00 for 13 Ballistic Vest Carriers and two Ballistic Vests - Chief Davis. b¢ lt,tl, l (U 1 u, Bic, L��2� "� - J"` " ,tt1t �( December 4, 2012 PAGE 3 OF 3 Vill. NEW BUSINESS CONTINUED. (! Consider Citizen Board Appointments -City Clerk (Exhibit 3). nc,B2tx /r/�/,s�-©�'d/P Discussion regarding the American Legion Fair - City Administrator (Exhibit IX. ADJOURN MEETING. �440 1240�- afl JpAA) 6 : 3.3 G' PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and 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. ol (gffize of tfw Atay" ejW of (qkwjoew,, 9&,dda &xten& thi6 &xpwiion 4 appuxiotim to AtatbmP13 a Jl /lrv" ,71T 9"Oruim of &A aubtwu� Smke a 64e ea,lu,d* gfw &tg and pm gdtow edvzew ham J,3wepua qua4 Uwe4ft Dedicatwa Bowd Atwtbzt Of dte DUB`' ai a "iw tmvd and J / appea6 and Dot" Seuiew J (tpa 15); 2008 to, N"wnfi" 20, 2012 eium on j r3eh4 af w jeUV eowa thI6 44 dart' of Dwemb") 2012 jrn wutw6 W&W49 ham hvmmto "d M* ed MU6 eied to h affi"d .5", May," atto t.- eatw eu* etuk *&W Exhibit 1 Dec 4, 2012 ORDINANCE NO. 1095 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 INDUSTRIAL; FROM HOLDING TO PUBLIC FACILITIES; FROM HOLDING TO RESIDENTIAL MULTIPLE FAMILY; FROM HOLDING TO RESIDENTIAL SINGLE FAMILY -ONE; 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: Industrial (IND), Public Facilities (PUB), Residential Multiple Family (RMF) and Residential Single Family -One (RSF-1) Zoning Districts; 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, at the. December 4, 2012, has agreed with the recommendation of the Planning Board for these properties, 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 Industrial, 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 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, RUN THEN SOUTH TOTHE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, Ordinance No. 1095 Page 1 of 5 r..r vow, 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, 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 1, PAGE 10, 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 13TH 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 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 PARALLEL WITH 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 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. B. The zoning for the following described property, is hereby changed from Holding to Public Facilities, as the subject property, located in the City of Okeechobee, 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 Ordinance No. 1095 Page 2 of 5 EASTERLYTAYLOR CREEK EASEMENT LINE, A DISTANCE OF 50.86 FEETTO 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 59 DEGREES 47 MINUTES 35 SECONDS; THENCE SOUTHERLYALONG THEARC 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 THEAFORESAID 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 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 23.860 ACRES, MORE OR LESS. C. The zoning for the following described property, is hereby changed from Holding to Residential Multiple Family, 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, PAGES 10AND 11 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 SOUTHWEST 3RD STREET, AND WHICH IS BOUNDED ON THE NORTH BY WESTERLY EXTENSION OF THE NORTH LINE OF SOUTHWEST 5'h STREET, OF SAID TOWN OF OKEE- CHOBEE AFORESAID AND ALL THAT PART OF SOUTHWEST 4T" AND 5T" STREET LYING WEST OF SOUTHWEST 7T" AVENUE IN SAID TOWN OF OKEECHOBEE; CONTAINING 1.600 ACRES, MORE OR LESS. D. The zoning forthe following described properties, are hereby changed from Holding to Residential Single Family -One, as the subject property, located in the City of Okeechobee, to -wit: (MAP ID NO. 18) APPROXIMATELY 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 BLOCK40, ACCORDING TO PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, AS THE EAST BOUNDARY; NORTHWEST 8T"AVENUE (FORMERLYTUSCALOOSA 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 TOGETHER WITH ALL THAT PART OF NORTH Ordinance No. 1095 Page 3 of 5 V4=10; 140* WEST 14T" STREET LYING EAST OF NORTHWEST 9T" AVENUE AND WEST OF THE WEST LINE OF LOT 1, BLOCK 6, IF SAID LINE WAS PROJECTED NORTHERLY; 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. 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 ,rh day of December, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15"' 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. 1095 Page 4 of 5 0.3 0.15 0 0.3 Miles DECEMBER 4, 2012 Ordiinance No. 1095 Paqe 5 of 5 Map ID No. 12b Owner: Diamond R Fertilizer Co 710 NE 51" Avenue Current Zoning. - Current Future Land Use (FLU): Existing Use: First Reading & Hearing: Final Public Hearing: Holding Single Family a fertilizer company December 4, 2012 at 6 pm January 15, 2013 at 6 pm Property owner was notified by certified mail of the Public Hearing dates & times on November 8, 2012. Mr. Wayne Prevatt, Diamond R Plant Manager attended the September 20 Planning Board Hearings and noted they had no objections to the proposed changes. Proposed Rezoning to Industrial on the vacated portions of NE 8tn Street, 61" Avenue and Riverside Drive. A new sign was posted on the property listing the Public Hearing dates/time. Eighteen notices were mailed to surrounding property owners. No comments have been received to date. September 20, 2012, Planning Board unanimously recommended approval. Proposed changes were also discussed during a Planning Board Workshop Session on June 21, 2012. Council approved at first reading, proposed Ordinance No. 1093 a FLU map amendment, changing the vacated portions of NE 8t" Street, 6tn Avenue, Riverside Drive AND all of Block 52, from Single Family to Industrial. Final Public Hearing is scheduled for January 15, 2013. Owner: Map ID No. 12c William Mason NE 9" Street Current Zoning: Current Future Land Use (FLU) Existing Use: First Reading & Hearing: Final Public Hearing: Holding Single Family Vacant December 4, 2012 at 6 pm January 15, 2013 at 6 pm Property owner was notified by certified mail of the Public Hearing dates & times on November 16, 2012. Proposed Rezoning to Industrial on an unplatted parcel of land that is 0.990 acres, and located along the South side of NE 9th Street, West of Taylor Creek, and North of the Railroad. A new sign was posted on the property listing the Public Hearing dates/time. 7 notices were mailed to surrounding property owners. No comments have been received to date. September 20, 2012, Planning Board unanimously recommended approval. Proposed changes were also discussed during a Planning Board Workshop Session on June 21, 2012. Council approved at first reading, proposed Ordinance No. 1093 a FLU map amendment, changing the same property from Single Family to Industrial. Final Public Hearing is scheduled for January 15, 2013. 'iw'ti;;p ll�tirtik <�c:rl +:nci�fruii•..:al.ti �ii;te I+�titi 0 Map ID No. 13a Owner: OUA 1200 NE 12" Street Current Zoning: Current Future Land Use (FLU) Existing Use: First Reading & Hearing: Final Public Hearing: Holding Industrial Groundwater Treatment Plant and Wellhead Field December 4, 2012 at 6 pm January 15, 2013 at 6 pm Property owner was notified by certified mail of the Public Whearing dates & times on November 8, 2012. Proposed Rezoning to Public Facilities on an unplatted parcel of land that is 23.860 acres, in the Northeast corner of the City Limits. A new sign was posted on the property listing the Public Hearing dates/time. 8 notices were mailed to surrounding property owners. No comments have been received to date. September 20, 2012, Planning Board unanimously recommended approval. Proposed changes were also discussed during a Planning Board Workshop Session on June 21, 2012. Council approved at first reading, proposed Ordinance No. 1093 a FLU map amendment, changing the same property from Industrial to Public Facilities. Final Public Hearing is scheduled for January 15, 2013. • �4 1 3"; Okeechobee Conwerce Center 4" " We A2, t" Flol idz¢ I :)k:jl 111110111S ShWe I 98'k On Map ID No. 17 Owner: Nemec Childrens Trust Ruth G. Spradley & Gale B. Nemec, Trustees West of SW 7th Avenue Current Zoning: Current Future Land Use (FLU) Existing Use: First Reading & Hearing: Final Public Hearing: Holding Single Family Vacant December 4, 2012 at 6 pm January 15, 2013 at 6 pm Property owner was notified by certified mail of the Public Hearing dates & times on November 13, 2012. Proposed Rezoning to Multiple Family on an unplatted parcel of land that is 1.600 acres, located West of SW 8th Avenue and next to Block 190 and 191, and North of SW 6th Street. A new sign was posted on the property listing the Public Hearing dates/time. Thirteen notices were mailed to surrounding property owners. No comments have been received to date. September 20, 2012, Planning Board unanimously recommended approval. Proposed changes were also discussed during a Planning Board Workshop Session on May 17, 2012. Council approved at first reading, proposed Ordinance No. 1093 a FLU map amendment, changing the same property from Single Family to Multi -Family. Final Public Hearing is scheduled for January 15, 2013. HOLDING (H) CONFLICTS 3 0% "1 SoAlfiti; FltL dr, Lar.11 [�)$x ' Owner Map ID No. 18 Ivan D. Doverspike Trust East of NW 6" Avenue, between NW 9"' and 14"' Streets Current Zoning: Current Future Land Use (FLU) Existing Use: First Reading & Hearing: Final Public Hearing: Holding No Designation Office/Residence 6551 sq ft built in 1966 & 7460 sq ft Misc Out Building built in 1947 December 4, 2012 at 6 pm January 15, 2013 at 6 pm Property owner was notified by certified mail of the Public Hearing dates & times on November 13, 2012. Proposed Rezoning to Residential Single Family -One on an unplatted parcel of land that is 5.919 acres. A new sign was posted on the property listing the Public Hearing dates/time. Thirty-five notices were mailed to surrounding property owners. No comments have been received to date. September 20, 2012, Planning Board unanimously recommended approval. Proposed changes were also discussed during a Planning Board Workshop Session on May 17, 2012. Council approved at first reading, proposed Ordinance No. 1093 a FLU map amendment, changing the same property from No Designation to Single Family. Final Public Hearing is scheduled for January 15, 2013. HOLDING (H) CONFLICTS# IS t.;a m��4 .mowV, 10 tt f` y4• �� -y�",e5 'h';, s¥ � ,� _e � .,? �. its "!'J 1.•�Y � ,y_ ,Ai f a L. �( a u xae{ r �r � �� '�`± ' �i t � � 'a r`"",."'�"•. w � wir+���'"� aidlf±tY Spa ( Y � • i�'M�� a Sa±•si±tr l°Inrltt;: Lqc:±l ±i�n'rr±)u±c•n1,; ki±k'v I�?Yti Dec 04 12 04:59p Nemec Properties, Inc. 561 4293807 p.1 CM Nemec Children's Trust 608 Harbour Pointe Way Greenacres, FL 33413 Email: debgtl @aol.com Cell: 561-271-8534 Fax: 561-429-3807 Fax: 2 pages including this page. To: Lane Gamiotea, CMC City Clerk Phone: 863-763-3372 Fax: 863-763-1686 From: Deborah A. Nemec c!o The Nemec Children's Trust Dear Lane, We have another meeting in Riviera Beach tonight and none of the representatives from the Nemec Children's Trust are able to attend the Council meeting tonight. Would you please incorporate the following letter into the meeting this evening. Return Receipt Requested via Fax: 561-429-3807 Thank You, Deborah Nemec Dec 04 12 04:59p Nemec Properties, Inc. 561 4293807 p2 Nemec Children's Trust 608 Harbour Pointe Way Greenacres, FL 33413 Email: debgti @aol.corn Cell: 561-271-8534 Fax: 561-429-3807 December 4, 2012 City of Okeechobee 55 S.E. Third Avenue Okeechobee, FI 24974-2903 Re: Rezoning from Holding to Residential Multiple Family Future Land Use from Single Family to Residential MultiFamily ID 17, vacant Un-platted 1.600 acres contiguous to Blk 190-191 SW 7th Avenue Dear Council Members, The Nemec Children's Trust supports the rezoning of Un-platted 1.600 acres from Holding to that of RMF with a FLU change from SF to RMF. Although we appreciate the position of the City Planners and Member Maxwells' concern to disproportionate percentages of MF within the City; we agree with the majority of Council Members working diligently to maintain consistent City Maps. Furthermore to protect a potential sale of the 3 parcels as a whole, the Nemec Children's Trust strongly favors the Council Members unanimous support of the Planning Staff Report recommendation. We exhort your vote in favor of accepting the proposed ordinance No. 1092 in its entirety; to Rezone Un-platted 1.600 acres to RMF and Change the FLU of Blk 190-191 to RMF. The Nemec Children's Trust would be disappointed with a different outcome. We look forward to continuing our long standing good relationship with the City of Okeechobee. Sincerely, Deborah A. Nemec, Ruth N. Spradley & Gale B. Nemec Im `.rr Exhibit 2 RESOLUTION NO. 12-12 Dec 4, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ACCEPTING THE OFFICIAL RESULTS FROM THE OKEECHOBEE COUNTY CANVASSING BOARD FOR THE 2012 GENERAL CITY ELECTION; PROVIDING FOR TERMS OF OFFICE TO BE HELD BY JAMES KIRK AND MIKE O'CONNOR AS ELECTED CITY COUNCIL MEMBERS; PROVIDING FOR THE CITY CLERK TO ISSUE CERTIFICATES OF ELECTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 17, 2012 by virtue of the provisions of the Charter of the City of Okeechobee and Florida State Law, Mayor Kirk proclaimed and declared that a General City Election be held on November 6, 2012 by the qualified voters for two Council Members; and WHEREAS, as provided in Section 26-4 of the Code of Ordinances, the City's qualifying period was held from Noon, August 20 through Noon, August 24, 2012 in the Office of the City Clerk for all persons who desired to become a qualified City Candidate; and WHEREAS, such persons who qualified to be a candidate for City Council were James Kirk, Mike O'Connor, and Ray Worley; and WHEREAS, the City entered into an Agreement on August 1, 2006, with the Okeechobee County Supervisor of Elections, which sets forth the provisions for the City General Elections Ballot to be held in coordination with the County's Election, and submit such results to the City Council for official acceptance; and WHEREAS, the Canvassing Board Official Results dated November 16, 2012 and signed by Jerry Bryant, County Judge; Gwen Chandler, County Supervisor of Elections; and Mary Beth Cooper, Qualified Elector for the Board of County Commissioners Chairperson; declare the votes given for the Nonpartisan Election held November 6, 2012 are that James Kirk and Mike O'Connor received the highest number of votes for City Council. 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. Statement of Votes Cast provided by the Okeechobee County Supervisor of Elections with 2,658 registered City voters as of October 9, 2012: Name of Candidate: Polling Precinct (No. 6): Absentee: Early Vote: Provisional: TOTAL VOTES: PERCENTAGE: James Kirk Mike O'Connor Ray Worley 492 431 277 234 253 120 324 274 193 1 1 0 1051 40.42% 959 36.88% i 590 22.69% Resolution 12-12 Page 1 of 2 En CM Section 2. That, James Kirk and Mike O'Connor be, and they are hereby declared elected as City Council Members, and shall hold office for four (4) years beginning the first Monday in January following the City General Election and until their successors are elected and qualified as provided in Section 26-5, Code of Ordinances. Terms being January 7, 2013 through January 2, 2017. Section 3. The City Clerk is hereby instructed to issue and deliver Certificates of Election to each candidate elected as provided in Section 26-10, Code of Ordinances. 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 a day of December, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution 12-12 Page 2 of 2 Exhibit 3 Dec 4, 2012 NIEIVIORANDUNI To: Mayor Kirk and Council Members From: Lane Gamiotea, CIVIC, City Clerk ' Subject: Citizen Board Appointment Date: November 29, 2012 There is a vacancy on the Planning Board to replace Regular Member Malissa Morgan, term ending April 30, 2013. After advertising for a vacancy, we received only one application (attached) from John Creasman, (County resident/City business owner), and current Okeechobee Utility Authority Board Member - County Appointee). We also have two very active Alternate Members: ♦ Phil Baughman (County resident/City business owner), who has served since April 17, 2009, current term ending April 30, 2015. ♦ Les McCreary (County resident/City business owner), was recently appointed on April 3, 2012, current term ending April 3q 2-115, The Council has the option to: ♦ Move an Alternate Member of your choosing to Regular Member status to complete Mrs. Morgans term ending April 30, 2013. ♦ Then, appoint Mr. Creasman to fill Alternate Member's term due to above action taken. ♦ Or, appoint Mr. Creasman as the Regular Member, term ending April 30, 2013. Should you have any questions, or require additional information, please do not hesitate to contact me. 55 Southeast 3 Avenue * Okeechobee * Florida APPLICATION FOR CITY R0ARn1(-_r1M tatT'T Please print or type all information_ The infonmation from this application will be used by the City Council in considering action on yourappointment The application MUSTBE COMPLETED IN FULL. Answer "none" or 'not applicable" where appropriate. ✓CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. Ll Planning Board -- Board ❑ Code o,Okeechobee Utility ❑ General Employees Other. of Adjustment & Appeals — Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's x; Mee APPLICANTS FULL NAME NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: Years Is this in the City Limits? Wes No MAILING ADDRESS: /� 7 HOME TELEPHONE: CELUOTHER TELEPHONE CURRENT EMPLOYER & OCCUPATION: eff BUSINESS ADDRESS: �' WORK TELEPHONE FAX NUMBER(S):, DATE OF BIRTH: ARE YOU A US CITIZEN? Kes ONo, explain: FLORIDA REGISTERED VOTER? R4es County Registered In:��/�,t,� pNo EDUCATION: High School Name & Location: � "�� yf/� /�6A JEI,o Lz1 1 6 Year Graduated: l-' 73 POST SECONDARY EDUCATION: NAME & LOCATION. DATES ATTENDED: CERTIFICATEIDEGREE REC'D: `/�7j— 6zC- ��3J� -722 /,/-7sy MILITARY SERVICE: DATES: BRANCK DATE DISCHARGED: NOAJL_ ARE YOU CURRENTLY EMPLOYED AS: i0 THAT APPLY) OGeneral Contractor OEngineer siness Person OArchitect Vb-Contractor (/ALL ORealtor QAttomey DDoctor OSurveyor Clay Person OUrban Planner DLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME/ADDRESS TYPE OF BUSINESS JOB TRLE C 5v�ff ozv,Ce (il:3A3tt- RATES , L7-/��aFn `'n�� )O HAVEYOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR MANY OTHER AGENCY OR GOVERNMENT? DYES Np IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. tt 11 iILL ; Zf'Jt`L(u�3- / f� 0.0C�'2G.;; �'� a3f�-�I 'F�/-i.f:, G.`j,`L, i l3 u��_ %-ETC- cJ'�C� � ,�;. T //-t.% e�� �9 �Jf�.:r• / . - ! � �, r-���t �G /> C� �i^• ��C7C�iJt'�,� c laEi � ✓�or— HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYESNO. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES dNO IFYES, UST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS 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) CIYES NO 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? ADO HAVE YOU EVER BEEN FOUND IN VIOLATION OF FL RJDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? CJYES O IF YES, LIST. DATE: NATURE!OF VIOLATION: DISPOSITION: 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 THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: MALE []FEMALE ETHNIC GROUP: $CAUCASIAN OBLACK ❑SPANISH HERITAGE ONATIVE AMERICAN ❑ASIAN OR PACIFIC ISLANDER CIOTHER(specify): MALL THAT APPLY: OWARTIME PERIOD VETERAN ❑DISABLED VETERAN 13VIETNAM VETERAN HANDICAPPED STATUS: CIYES 4N0 IF YES, WHAT IS THE HANDICAP? ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE Q OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER �119.07(3)(k)1? OYES ` kNO bESCRIBEANYSKILLSAND BACKGROUND INFORMATION ABOUT YOURSELF THATWOULD BE HELPFULTOTHE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. 1 r I ( ^} yt'r:S �-<<1(# J/ _.iC E-i 'T V •G �i 1 .. f %I J..;/L�:'SJ�1 { J {C', t; 1l"T v f l 1 i I•- . , 6- A IJ t"��'C� c�% :I•-��., ir'�c:'�c'L �• -� U.c-�C� �-� � �� J�'�� � r��� f 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. 1 understand that the City may request a copy of my driver's license. I have the rightto requestthat the City completely and accurately disclose to me the contents ofany investigation or reports upon request to the Office of the City Clerk_ CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I havqt�nd urloeEstand each of the above statements_ Signature of ©The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." ®Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see 9119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 37O AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIALTERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDER: Exhibit 4 City of Okeechobee 55 S.E. 3rd Avenue Dec 4, 2012 Okeechobee, Florida 34974 (863) 763-3372 Temporary Use Permit Permit Number: 12-001 Permit Expiration: January 22, 2012 12.00 A.M. Purpose of Request: American Legion Free Fair Property Owner: American Legion Post 64 Address: 501 SE 2r,d Street City: Okeechobee State: Florida Applicant: American Legion Post 64 Phone Number: 863-763-2950 Current Zoning: Residential Multiple Family (RMF) Subdivision: 1 st Addition to City of Okeechobee Date(s) of Event: January 12-22 2012 Zip Code: 34974 Applicant's Address: 501 SE 2"d Street Address of Project: 501 SE 2°d Street FLU Designation: Commercial_LC Restrictions/Remarks:-All debris must be removed upon final completion date Owner understands and agrees to the following: • Issuance of a permit may be subject to other conditions and time limitations. • Issuance of a permit is not authorization to violate public or private restrictions. • Failure to comply with applicable regulations may result in withholding future permits. • There may be additional permits required from other governmental entities. NO NOISE BETWEEN THE HOURS OF 12:00 A.M. AND 7:00 A.M. I certify that I have.,gxmined this permit, it is correct and I will abide by its reauiremen P Iicant's Signature Date `fJCd�t_ �t,Ut.wt�ti�> Genera( ervices Coordinator REF:.ORD.716, Temporary Structures OF' okfi�c !` m kAty of Okeechobee ob�3'x79151� Brian Whitehall Office of the City Administrator January 25, 2012 John & Joyce Richardson J & J Amusements P O Box 485 Middletown OH 44442 RE: Okeechobee Fair tear down process 1/22/12 — noise complaint John and Joyce Richardson, The community of Okeechobee always looks forward to your fair each year. It has a rich tradition in our town, but there is an issue that I need to make you aware of. As part of the permitting process we made the fair contact, Joe Sheldon, aware of some noise issue complaints during the tear down from the previous year. Apparently they had excessively loud music along with the normal dismantling noise. In case you're unaware, the parcel is located next to a residential area. On the permit this year, the City incorporated a 'no noise' provision after midnight on Sunday. I spoke to Mr. Sheldon personally and was assured that there would be no music and a noticeable difference in the tear down process. Unfortunately, the City Police Dept received complaints after midnight, along with the City elected officials, etc. The purpose of this letter is to advise that during next year's permitting process the City will advise and later enforce the restriction to -the -letter in an effort to appropriately address the matter. Thank you for your efforts in Okeechobee and we look forward to seeing you in the years to come. Sincerely, Brian W4 ritehall City Administrator C: *City Police and General Services Depts *Dan Fennell, American Legion Post 64, 501 SE 2nd St, Okeechobee, FL 34974 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 - Fax: (863) 763-1686 W -14em Rddkc- 4-o Ia-y-,a �geodo- ASSIGNMENT OF LEASE N� dun cbi� THIS AGREEMENT, made this 41h day of December. 2012, between the CITY OF OKEECHOBEE, FLORIDA, and GLADES GAS COMPANY, Okeechobee, Florida, as parties to that certain Lease of Alley Agreement dated June 14, 1977, to approve assignment of said lease, agree as follows: The original lease of the CITY OF OKEECHOBEE alleyway to GLADES GAS COMPANY is for the following described alley: A portion of an alley 15 feet in width lying in Block 49, City of Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; being more particularly described as follows: beginning at the Northwest corner of Lot 17 of said Block 49, bear Easterly 142.50 feet to the Northeast corner of Lot 19; thence bear Northerly 20.00 feet to the Southeast corner of Lot4a; thence Southerly 20.00 feet to the point of beginning. 8 y�.Quec k tie14a.so f- j Sep OGUU4- b P4(c 2. That GLADES GAS COMPANY has the opportunity and has requested for approval by the CITY OF OKEECHOBEE to assign this lease, pursuant to paragraph six of the lease, to a purchaser. 3. That refusal to grant permission to assign the lease would serve no municipal purpose. 4. However, as the lease is for a term of 99 years, it also serves no municipal purpose to continue the lease, and closing of the alley appears to be the better solution. 5. Therefore, for the mutual considerations to each party to the lease, as well as the interests of the assignee to the lease, Florida Public Utilities Company, 1640 Worthington Road, West Palm Beach, Florida, the CITY OF OKEE- CHOBEE herein grants permission for the lease to be assigned by GLADES GAS COMPANY, to Florida Public Utilities Company. 06- As a specific condition to this approval of assignment, the parties hereto agree, and shall file an application for an alley closing with the CITY OF OKEE- CHOBEE within six months of the date of this agreement, for the alley described herein. 7. That should the City Council refuse for any reason, to close the alley, then the lease of June 14, 1977, shall remain in full force and effect according to its terms. APPROVED this 41h day of December, 2012. Dowling R. Watford, Jr., Mayor Pro-Tempore ATTEST: REVIEWED FOR LEGAL SUFFICIENCY: Lane Gamiotea, CMC, City Clerk John R. Cook, City Attorney AS TO GLADES GAS COMPANY: Print Name: Title: Date: AS TO FLORIDA PUBLIC UTILITIES COMPANY: Print Name: Title: Date: Page 1 of 1 LEASE 'THIS AGREEMENT made this / �_I/ day of 1.977, between the City of Okeechobee, Florida, a Florida municipaI corporation, hereinafter referred to as Lessor, and Glades Gas ' Company, a corporation, hereinafter referred to as Lessee. WHEREAS, the Lessee is planning on expanding its present facilities, and WHEREAS, said facilities adjoin the below described alley, known as: A portion of an alley 15 feet in width lying in Block 49, City of Okeechobee, according to the plat- thereof recorded in Plat Book 1, page 10, of the Public Records of Okeechobee County, Florida; Being more particularly described.,as i follows: Beginning at the Northwest corner_ of Lot 17 of the s : .I.d Block 49, bear Easterly 142.50 feet to the Northeast borneIr of Lot 19; Thence bear Northerly 20.00 feet: to the Southeast_ corner of 'LotThence bear CJeste:r.ly. 1.4?.50 feat to the �auth:aest cori�.cr of 'Lot 10 ; Thc:r,:cc �Souti r l'v: 2 D.00 ,aG._ :o lie_. �. �.41 t-C7:C-i�c grid VHEREAS, the Lessee wishes to utilize, the alley way / J for a parking and'4storaf,e area, and WHEREAS, said alley is not I.sa.-csently used by the public; NOW THEREFORE Lessor in consideration of the covenants and agreements hereinafter conta7.ned and made can. part of the Lessee, does hereby demise and. lease to Lessee for use only by Lessee, that aforementioned alley way to be used for parking; or storage area and for no other purposes whatsoever in the County of Okeechobee, State ofFlorida, to have and to hold tthe same for ,. and during the term CC)r'imae 1T1 onl k1C LJt._�l Clci'ti C?' " ,J llrL , t ;✓7"7 ,' ` � i.d'" ' expiring on the 1.5th day of June, 2076, inclusive, suet_ LIZ=d�eini�s e-c- :gam - �.' �F= fur c.e fS - -=p't3 =err '81 T : tx9x E3?t. IN CONSIDERATION of said demise and of the covenants and agreements hereinafter expressed, it is covenanted and agreed as follows:' 1. THAT Lessee shall pay as runt for said premises the sum of One ($1.00) Dollar, during the term of this lease, 5. THAT Lessee agrees to hold Lessor harmless against { all comers in case of litigation arising from any acts of Lessee, n its'. agents or employees. 6. THAT Lessee shall not assign this lease without written permission of Lessor. WITNESS the hands and seals of the parties hereto the day and year first above written. ATTEST: CITY OF OKEECHOBEE, FLORIDA CITY CLERK MAYOR WITNESSES: WITNESSES: s to -City of Okeechobee s to G a es� as Company i�As o City of Okeechobee s, o Glades Gas Company GLADES GAS COMPANY s BY ' ' i t N.E. 9tH STREET I v -5 Okeechobee County Property )raiser - Map Printed on 12/4/2012 2: 19 PM Page 1 of 1 Okeechobee County Property Appraiser W,C. "Bill" Sherman, CFA - Okeechobee. Florida - 863-763-4422 PARCEL: - Name: LandVal Site: BldgVal Mail: ApprVal Sales JustVal Info Assd Exmpt Taxable 0 38. 76 114 ft This information, CAMA updated: 11121/2012, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. November 28th, 2012 To: Mayor and Councilmembers From: Brian Whitehall, City Administrator India Riedel, Finance Director RE: Wellness Fair - Inaugural Event The inaugural Wellness Fair, "Fit in the Fall" for the City of Okeechobee Employees was a success. The City, OUA and BOCC jointly hosted a wellness fair for its employees on November 141h, 2012. The goal of the event was to promote and encourage staff to take charge of their health and wellbeing. Health Designs a vendor contracted with Florida Blue (the health insurance administrator) provided health assessments free of charge to its employees, as well as a brief counseling on the assessments findings. Other local vendors/agencies also participated in the event; i.e. a Nutritionist from Raulerson Hospital, Okeechobee Health Dept., Tobacco Free Partnership, BOCC Recreation Dept., Fitness Factory, Seventh Heaven Massage & Body Works, Public Risk Management, and Nature's Panty & Health Foods. There were many activities which the employees participated in at the event, to show that exercise can be fun. The event culminated in the awarding of Bronze, Silver and Gold Medals from the average of each entities score from the event. The biggest prize will be, the employee who amends his/her activities and diet to promote health and wellbeing. 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax Fit in the Fall — 2012 Wellness Fair The below individuals were provided with a Certificate depicting the `High Score" event. Kevin Barber OUA High score for Wii Bowling Bret Johnson OUA High score for Basketball Hoops Eric Ward City High score for Corn Hole Mastery Below are the winners of the events as well as individuals who were eligible (participated in the Fit for Fall Wellness Fair) and were selected randomly for drawings. These items were provided from vendors for their services or purchased by the vendors to be provided as drawings/raffle. Drawings Wii console and games Debbie Vega BOCC Fitness Factory Cody Rodriguez City Seventh Heaven Robin Parrish Clerk Walmart gift card Linda Hazellief BOCC Walmart gift card Doug Tillery BOCC Walmart gift card Melissa Jahner City Walmart gift card Jamie Mullis OUA Walmart gift card Heather Thomas Clerk Walmart gift card Frank Coker BOCC Gift basket from Okeechobee Health Department Jamie Mullis OUA The overall winners (average score of the events) were recognized as per below: Gold Medal, and Certificate Silver Medal, and Certificate Bronze Medal and Certificate Okeechobee Utility Authority City of Okeechobee Okeechobee BOCC 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax City & Okeechobee County r..r SW 21" Street Drainage Improvements Agenda for 6T" Construction Progress On -site Meeting as Meeting Date: November 28, 2012 Meeting Time: 9:00 AM I. Sign in Sheet 11. Regular Meeting Topics A. Approval of previous meeting minutes B. Submittals (FDOT Index 255 -HW, Concrete, Rip -rap) C. List of Subcontractors on site D. Work completed E. Work schedule for upcoming 2 weeks F. Pay Applications: Pay Appl. #3 approved by CAS 11.19.2012; 61.3% dollar complete III. Old Business A. Contract start date: NTP: August 27, 2012; 100 days for substantial completion and 20 days for project close-out. # of Days Remaining to Meeting Date Total Days from NTP % Contract Time to Date reach SC Date 7 (excluding inclement 11/28/2012 93 77.5 weather days) B. Preconstruction photographs A. Lines and grades B. Utility relocations C. Submittals D. Insurance, bonds, permits and notices E. Contractor's superintendence, construction methodology and safety F. Progress payments G. Traffic maintenance IV. New Business P:\Counties\Okeechobee\Okeechobee Board of County Commissioners\00-0903-108-D-21STSTREERConstruction Mqt\Correspondence\Meetings\6TH PROGRESS MTG\Agenda for 6th Progress Mtq SW21ST 2012.11.28.doc ,• . City & Okeechobee County�y.o'dK�d� SW 21st Street Drainage Improvements November 14, 2012�° Minutes for 5th Construction Progress Meeting - Y" us The meeting began at 9:00 AM. Attendees: Ciity 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 David Allen, Public Works Director Donnie Robertson Crayton Tillman Jamie Mullis, Inspector Orlando A. Rubio, PE Cindy Ricker Gary Priest, 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. # of Days Remaining to Meeting Date Total Days from NTP % Contract Time to Date reach SC Date 21 (excluding inclement 11/14/12 79 65.8 weather days) • Original Contract Amount: $483,892.58 • Progress Payment: Pay appl. 1-2 approved; Next pay appl. is scheduled to be prepared by 11.15.12. Payment to GOU for pay appl. #2 is pending. • Percent Dollars Complete from most recent pay application: 31.5%. 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. Rain days may be submitted for the 10/5/2012 weekend. An additional 7 rain days will be requested for past inclement weather — dates must be specific and coincide with CAS. Approved rain days will fall on normal work days. • Pre -construction Photos: Received by CAS on 10.15.2012 • Lines and Grades: No issues were brought up. • Utility Relocation: WM deflection by structure S-9 was completed today. This deflection was unforeseen and previously discussed in the 1st progress meeting. • Submittals: Box culvert headwall drawings are to be resubmitted as discussed via e-mail from CAS to GOU on 11.13.2012. • Crayton indicated that all structures and pipes are installed except for the headwalls, box culverts, and Downstream Defender (DD) and associated pipe. The DD is expected to be delivered on 11/20. � 1 ` City & Okeechobee County SW 21st Street Drainage Improvements November 14, 2012 "'cxt Minutes for 5th Construction Progress Meeting ; us Box culverts are expected to be delivered on 11/26, 11/28, & 11/30. HW installation will take a total of 6 days but may not be consecutive. • Partial release of lien has been received for TWS (Concrete). • Insurance (Bridgefield Employers Ins. Co) — No change. • Performance & Payment bonds (Bankers Insurance Company) — No change. • Permits and notices: Crayton has coordinated with SFWMD and has submitted a Construction Dewatering permit application. Application no. 120925-6 has been assigned permit no. 47-01113-W. However, the permit has not been signed & issued at the time of this writing. Gary Priest indicated that the permit may be executed this week. • Contractor's superintendent, construction methodology, and safety: Crayton Tillman will be the point of contact in the field on these matters. • Traffic Maintenance: See incident under New Business. • Sodding of the swales is on -going. New Business • In addition to field quantities being verified by GOU & CAS at the same time, City staff has agreed to participate in the field verification of quantities in order to expedite payments. Draft pay appl. will be submitted to CAS for Orlando's review and the City's review. After review approval, CAS will notify GOU to submit three executed pay appl. requests. CAS will issue an authorization to the grant administrator. The grant administrator forwards the approval to the County after its review for payment processing which can take up to 45 days. • An incident with a homeowner regarding his concrete driveway restoration occurred on Wednesday - 10.24.12. A police report was filed. The matter was reasonably resolved between the homeowner & contractor. A copy of the police report has been requested by CAS/County. This has not been received as of this date. • Destroyed sod/landscape beyond any right-of-way is to be restored with the same type sod by the Contractor. Restoration within the right-of-way will be performed as per plan/contract. • Crayton indicated that 4-8" & 1-6" WM have been deflected. Work for the thrust block correction by S19 was performed and will be paid through a negotiated change order. • Box culvert installations will occur near the end of November and the Contractor anticipates a road closure on 7tn Avenue. CAS requested that the City, County, school board, Fire & Police are given ample notification (2 weeks). Crayton preferred 1.5 weeks notice. The HW will now be cast -in -place in lieu of pre -cast to minimize crane time and road closure. • Gary stressed the importance of maintaining positive flow in the 7th Avenue ditch during the box culverts & HW installations. • Jamie indicated that 2 valve box risers will be needed and that 2 water meter boxes are to be raised. • David indicated that Century link will be installing new cable near 401 SW 215t. CAS will provide copies of construction plans for their (Century Link) use upon request. • Meeting was adjourned at 10:31 AM and the next meeting will be held on November 28, 2012 at 9:00 AM at the job site. The County will coordinate with all parties on the meeting time and place. Note to all: this meeting could be moved to 12.05.12 — please keep your calendars open. P:1Counties\Okeechobee\0keechobee Board of County Comm issioners\00-0903-108-D-21ST STREEnConstruction MgtlCorrespondenceWeetingsl5th PROGRESS MTG1Mtq Minutes for 5th Progress Mtg SW21ST 2012 11 14 docx