2013-06-18CITY OF OKEECHOBEE
JUNE % 2013 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 14
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
CALL TO ORDER - Mayor.
June 18, 2013, City Council Regular Meeting; 6:00 p.m.
II. OPENING CEREMONIES:
Mayor Kirk called the June 18, 2013, Regular City Council Meeting to order at 6:00 p.m.
Invocation to be given by The Very Reverend Father Edward Weiss, Church III Council Member Williams offered the invocation due to Father Weiss' absence;
of Our Saviour; Pledge of Allegiance led by Mayor. Mayor Kirk led the Pledge of Allegiance.
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 Five -Year Longevity Service Award to Ryan Holroyd
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
In recognition of Mr. Ryan Daniel Stephen Holroyd's five years of employment, Mayor Kirk gave a brief biography
stating, he is originally from New Hampshire, a Ft. Pierce Central High School graduate, Class of 2003. Following
graduation he became a Certified Pharmacy Technician, and earned his Associates of Science degree in Criminal
Justice from IRSC, then later graduated from their Police Academy. He became a Florida Certified Law Enforcement
Officer, and began his career at the Police Department on June 8, 2008, after having worked part-time for one year.
During the last five years, Mr. Holroyd has successfully completed many educational courses and is a Certified Field
Training Officer. In 2009 the Terrorist Screening Center Operations of the FBI commended him for his handling of a
national security matter due to an arrest he made. He was named the 2011 City Police Officer of the Year.
67
68 .TUNE 18, 2013 - REGULAR MEETING - PAGE 2 of 14
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED.
A. Present a Five -Year Longevity Service Award to Ryan Holroyd Mr. Holroyd exemplifies the selfless dedication it takes to serve the citizens of this community. It is an honor to
continued, recognize his five years of service with a framed "Longevity Service Certificate" and an engraved Cross brand pen.
Mr. Holroyd noted his appreciation for the opportunity to be of service to the public, commenting "it has been an
interesting five years" and he looks forward to a long career with the department.
B. Present a ten-year Longevity Service Award to Adam Crum. Due to the absence of Mr. Crum, they deferred the item until later in the meeting. They addressed the item during the
Public Hearing section of the meeting between items A and B. In recognition of Mr. Adam Dean Crum's 10 years of
employment, Mayor Kirk gave a brief biography stating, he is a long time Okeechobee resident and a 1999 OHS
graduate. He is an Advanced Certified SCUBA Diver, Florida Certified EMT and Florida Certified Firefighter, having
graduated from the iRSC Fire Academy in 2003. While attending the academy, Mr. Crum worked in Fire Safety for the
Sebring international Raceway, and both the City of Okeechobee and Lorida Firefighter Volunteer Departments. He
began his career at the City Fire Department on June 11, 2003. He has successfully completed many educational
courses. Received praise for his assistance with repairs and maintenance on equipment and vehicles, which in tum
helps the Department financially. Earlier this year the Pension Fund Members elected him to serve on the Board of
Trustees which oversees the Firefighters Retirement Plan. It is an honor to recognize his 10 years of service with a
framed "Longevity Service Certificate" and an embossed portfolio, In addition to this award, Mr. Crum's fringe benefits
for accrued annual leave will increase, and he has met the retirement vestment requirement as well as the education
reimbursement requirement. Mr. Crum, accompanied by his wife, Wendy, and their three children, thanked the Mayor
and Council for the recognition, commenting "1 enjoy my job, most importantly where 1 work, the morale of the
department is positive, and that makes coming to work even better."
C. Proclaim the week of June 17 - 21, 2013 as "Small Business Mayor Kirk proclaimed Small Business Week, and read the following proclamation in its entirety: "Whereas, the City'
Week." of Okeechobee was built on the dreams of entrepreneurs and adventurers, who dared to chart their own paths;
and Whereas, staying true to this legacy of innovation, our local small businesses continue to blaze new trails
of success; and Whereas, small businesses power our economy; and Whereas, the City of Okeechobee
wishes to recognize small businesses for the key role they play in keeping our economy strong. Now,
Therefore,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida,
do hereby proclaim the week of June 17 through June 21, 2013 as `Small Business Week' in the City of
Okeechobee and urge all citizens to join with us in this observance as we celebrate the accomplishments of
small business owners and their employees and encourage the development of new small businesses. " Mr.
'
John Gurney, Chair of the Business Advocacy Committee for the Chamber of Commerce, Okeechobee Main Street
Executive Director, Ms. Shane Turgeon, Mr. John Creasman, and from the Small Business Development Center, Mr.'
Duke Evans, Business Analyst was present to receive the proclamation.
,TUNE 18, 2013 - REGULAR MEETING - PAGE 3 OF 14
II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the
Council Action for the May 21, 2013, Regular Meeting. May 21, 2013, Regular Meeting; seconded by Council Member Watford. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the May 2013 Warrant Register:
General Fund ................................ $453,089.53
Public Facilities Improvement Fund ............... $ 73,847.68
Community Development Block Grant-HR Fund ..... $ 5,183.00
Community Development Block Grant-ED Fund ..... $ 1,265.10
Law Enforcement Special Fund .... ...... . .... . .. $ 135.00
Capital Improvement Projects Fund ............... $ 109.62
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A.1. a) Motion to read by title only proposed Ordinance No,1098,
Application No.13-001-SSA, submitted by owner, Okeechobee
Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment
to the Future Land Use Map, from Single Family to Industrial - City
Planning Consultant (Exhibit 1).
Council Member Watford moved to approve the May 2013 Warrant Register in the amounts: General Fund, four
hundred fifty-three thousand, eighty-nine dollars and fifty-three cents ($453,089.53); Public Facilities Improvement
Fund, seventy-three thousand, eight hundred forty-seven dollars and sixty-eight cents ($73,847.68); Community
Development Block Grant -Housing Rehabilitation Fund, five thousand, one hundred eighty-three dollars ($5,183.00);
Community Development Block Grant -Economic Development Fund, one thousand, two hundred sixty-five dollars and
ten cents ($1,265,10); Law Enforcement Special Fund, one hundred thirty-five dollars and zero cents ($135.00); and
Capital Improvement Projects Fund, one hundred nine dollars and sixty-two cents ($109.62); 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 "D" was withdrawn and New Business Item "H" was added to receive an update from Gary Ritter.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M.
Council Member O'Connor moved to read by title only, proposed Ordinance No.1098, Application No. 13-001 -SSA,
submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment to the Future
Land Use (FLU) Map, from Single Family to Industrial; seconded by Council Member Watford.
70 JUNE 18, 2013 - REGULAR MEETING - PAGE 4 OF 14
II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 1. b) Vote on motion to read by title only, proposed Ordinance No.1098,
Comprehensive Plan FLU Map Amendment No.13-001-SSA.
c) City Attorney to read proposed Ordinance No.1098 by title only.
2. a) Motion to adopt proposed Ordinance No.1098.
b) Public comments and discussion.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1098 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE:
PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION'
OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR
AN EFFECTIVE DATE."
Council Member Williams moved to adopt proposed Ordinance No.1098; seconded by Council Member Watford.
Mayor Kirk yielded the floor to City Planning Consultant Bill Brisson of LaRue Planning and Development Services to
review the application and give the Planning Staff Report findings and recommendations. Application No. 13-001 -SSA
as noted above, was submitted by the property owner to change the FLU classification on 1.493 acres, specifically
being Lots 1 to 5 and 7 to 12, of Block 44, City of Okeechobee, Plat Book 1, Page 10, and a 0.413 acre unplatted
parcel, East of Block 44, all located in the 700 and 800 blocks of Northwest 9t' Street and along the North boundary
of the CSX Transportation Railroad.
The same property owners currently own and operate an asphalt and concrete plant on Blocks 45 and 46, located to
the East. The applicant purchased the subject property in 2011. Since the purchase they have been cleaning the
property of overgrown vegetation, abandoned vehicles and trailers, and demolished a dilapidated commercial
structure. However, in order for them to use the property for storage of industrial materials associated with the
operation of the existing plant, they must change the land use and zoning as outside storage of these types of
materials is not a permitted use, or special exception use, in any residential zoning districts.
The Planning Staff Report findings are that the surrounding properties have the following FLU, Zoning and Existing
use: To the North are Lots 7 to 10 of Block 41, with Single Family (SF) FLU and Residential Multiple Family (RMF)
zoning. It is owned by the First Missionary Baptist Church of Deans Court and used for a parking lot. Then Lots 11 and
12 of Block 41, is Commercial (C) FLU with Commercial Professional Office (CPO) zoning and is vacant. The applicant
purchased this property through a Tax Deed in 2008, and obtained a rezoning (No. 09-003-R) in 2009 to CPO to build
an office for the asphalt/concrete plant. While the property is vacant, the previous use was a bar that burned down
and never reopened. Okeechobee Asphalt demolished the structure, as it created a public nuisance.
JUNE 18, 2013 - REGULAR MEETING - PAGE 5 OF 14 71
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE li
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2 b) Public comments and discussion on proposed Ordinance No,1098, Continuing with areas to the North, an unplatted 0.516 acre parcel is Multi -Family (MF) FLU, RMF zoning, and has
Comprehensive Plan FLU Map Amendment No. 13-001 -SSA an existing home built in 1977. Still North and to the East, is the Florida Department of Transportation maintenance
continued. yard and facility. Areas to the East have an Industrial FLU and zoning with an asphalt/concrete plant as the existing
use. To the immediate South is the CSX railroad that runs East to West through the City, with a zoning of Industrial.
Farther South of the railroad, is MF and SF FLU with RMF and Industrial zoning. The existing use is a home and six
multi -family type residences all built in 1950 (historically occupied as migrant housing), and the CSX Railroad spur on
the Industrial lands. To the immediate West (of Lot 5, Block 44) is SF FLU, RMF zoning and has a single family
residence. Then farther to the West are MF FLU and RMF zoning with the existing use by the First Missionary Baptist
Church of Deans Court. This is their former sanctuary and fellowship hall, now used as classrooms, offices and
storage.
Addressing the consistency with the Comprehensive Plan, Planning Staff found that Lots 7 to 12 should be reclassified
to Industrial due to their adjacency to the railroad, and the depth of the lots (approximately 42 feet) make them
unsuitable for residential use. In addition, the unplatted parcel should be reclassified to Industrial, as it is immediately
next to the existing asphalt and concrete plant. There is a road (Northwest 7" Avenue) that separates this parcel from
the RMF lots in Block 44. However, it is recommended that Lots 1 to 5, be reclassified from FLU SF to MF. The report
further explains, while Industrial may be acceptable, it is not found to be the most appropriate, as the primary goal of
the Future Land Use Element is to maintain a high quality living environment through a well -planned mix of compatible
land uses and to preserve its distinctive natural and historic resources and to provide public services to its residents
at a minimum cost. Except the narrow Lots (7-12 of Block 44) bordering the North side of the railroad, and the two
Commercial lots (11-12 of Block 41) on the North side of Northwest V Street, all properties in this neighborhood have
been designated for residential use, and most are zoned RMF. The property owners and residents have the right to
expect some form of residential use on these properties.
On findings relative to the consistency with other aspects of the Comprehensive Plan, the Planning Staff Report
agreed with the applicant's statement, the requested changes, either in whole or part, will have no appreciable effects
upon the projected population of the City; adjacent unincorporated areas; traffic levels, or provision of public facilities
or services.
The Planning Board considered the matter at their meeting of May 16, 2013, disagreeing with Planning Staff, and
offered a recommendation to change the FLU to Industrial as requested on the application. The minutes were included
in Exhibit One and reflect the motion was based on consistency with the longtime existing industrial type uses adjacent
to the railroad.
72 JUNE 18, 2013 - REGULAR MEETING - PAGE 6 OF 14
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2 b) Public comments and discussion on proposed Ordinance No. 1098, Mayor Kirk opened the floor to hear from the public. Mr. Bruce Snell of 3078 Northwest 34`h Avenue, purchased the
Comprehensive Plan FLU Map Amendment No. 13-001-SSA unplatted 0.516 acre parcel, at 701 Northwest 91h Street, North of the subject property approximately a year ago. He
continued. asked that the FLU change be denied due to the impacts of the industrial activity on the surrounding residential area.
,,He further explained he is remodeling the home, and the dust from the asphalt plant is a problem. Mr. David Thomas,
Jr., who identified himself as a neighbor and friend of Mr. Snell, offered support to the claim regarding the dust being
a nuisance, and concerns for the neighborhood should expansion of the existing industrial activity be approved.
Mr. Robert Gent, Vice President of Okeechobee Asphalt, addressed the Council stating he was unaware of the dust
nuisance. He asked that the neighbors call him when there is a problem and offer him the opportunity to address it
accurately. He explained the company has purchased many of the surrounding properties. Most had code violations
due to the lack up upkeep or health/safety nuisances. Once purchased, they were cleaned up and brought into
compliance. He elaborated further that the company had been storing materials on the subject property. Once the land
was cleared, they began installing a concrete type of wall/fence around the perimeter. He was advised by Code
Enforcement that he could not have that type of fencing/buffer, nor could he use the property for storing the company's
aggregate due to the zoning permitted uses. This is the reason for both the FLU application and rezoning petition.
Once these are finalized, he intends to "immediately complete the concrete wall/fence, and landscape the perimeter
with Florida Cherry Shrubs, mulch and smaller plants." Attorney Cook asked Mr. Gent to elaborate on the definition
of 'aggregate materials' He replied, it is rock, sand, and shell, it is used to make the concrete, and these would be the
only materials stored on the property.
Mayor Kirk began the Council discussion by disclosing Mr. Snell contacted him regarding the dust nuisance and
objecting to the land use change. Several church members also contacted him concerning the dust. They explained
that it coats them in the short distance to walk from the parking lot into the church building, as well as their cars.
Further, he stated his concerns of the negative impact on the neighborhood by expanding the industrial activity.
Several Council Members responded that industrial activity is expected along railroads. The church recently built the
new sanctuary farther North, as the previous building was located next to the railroad. The discussion turned to
whether the City had a mechanism to assure the residents that a buffer would be required to off -set potential impacts
caused by expanding the industrial activity. Generally FLU nor rezonings can be approved with contingencies or
conditions. Buffering requirements are not addressed in FLU Map amendment applications. It is however, addressed
as a specific item on the Rezoning Petition, "The proposed use can be suitably buffered from surrounding uses, so
as to reduce the impact of any nuisance orhazard to the neighborhood." Planner Brisson elaborated further that since
the property would be a change in use, the City can require the owner to submit for Site Plan Review under the
Technical Review Committee, who could then enforce very specific types and sizes of buffers, constructed or installed.
JUNE 18, 2013 - REGULAR MEETING - PAGE 7 OF 14
AGENDA III COUNCIL ACTION - DISCUSSION - VOTE
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2 b) Public comments and discussion on proposed Ordinance No. 1098, The discussion then turned to the concerns with property owners' rights. Should this be approved, due to the location
Comprehensive Plan FLU Map Amendment No. 13-001-SSA of the subject property, industrial activities would be very close to both churches, not to mention all the homes. There
continued. has to be a balance of consistency regarding decisions on land issues for this neighborhood, compounded by the
complexity of a very active railroad, makes that difficult. The City wants businesses to flourish and grow, but when
citizens offer legitimate concerns they should be addressed. The Council asked whether Staff could offer any
information on the notices from Code Enforcement regarding the concrete fence, or other issues that may have been
sent to Mr. Gent? At this time, nothing could be expounded on, except that it had not been an issue that went before
the Code Enforcement Board. Council Member Maxwell offered that there are good arguments on both sides, however,
he would rather have industrial over MF in his neighborhood due to the lack of demand for MF. There seems to be
a disproportionate percentage of MF land uses within the City. Added to the fact that based on statistical data, multi-
family development and associated activities can negatively impact an area worse than commercial or industrial
activities.
c) Vote on motion.
Due to the number of concerns discussed, and the differences of recommendations between the Planning Staff and
Planning Board, Council Member Watford moved to postpone the motion to adopt proposed Ordinance No.
1098, until a date certain of the July 16, 2013; seconded by Council Member O'Connor. There was no further
discussion.
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Mayor Kirk temporarily suspended the Public Hearing items to recognize Mr. Crum and present his longevity
service award.
B.1. a) Motion to read by title only proposed Ordinance No. 1096, Rezoning Council Member Watford moved to read by title only, proposed Ordinance No.1096, Rezoning Petition No.13-001-R,
Petition No. 13-001-R, submitted by owner, Okeechobee Asphalt & submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone Lots 1 to 5 of Block 44, City of
Ready Mix Concrete, Inc., to rezone Lots 1-5 of Block 44, City of Okeechobee from Residential Multiple Family to Industrial; seconded by Council Member O'Connor.
Okeechobee from RMF to IND - City Planning Consultant (Exhibit
2).
b) Vote on motion to read by title only. VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
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11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
B.1. c) City Attorney to read proposed Ordinance No.1096 (Rezoning Attorney Cook read proposed Ordinance No. 1096 by title only as follows: "AN ORDINANCE OF THE CITY OF
Petition No.13-001-R) by title only. OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE
FAMILYZONING DISTRICT TO INDUSTRIAL ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGL Y;
PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt proposed Ordinance No.1096. 111 Council Member Watford moved to adopt proposed Ordinance No.1096; seconded by Council Member O'Connor.
b) Public comments and discussion. Due to the action (on the previous item) regarding Future Land Use Application No.13-001-SSA being postponed,
Rezoning Petition No. 13-001-R cannot be considered either. Council Member Watford moved to postpone
adopting proposed Ordinance No.1096, until a date certain of July 16, 2013, seconded by Council Member
O'Connor. There was no further discussion.
c) Vote on motion. VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
C.1. a) Motion to read by title only proposed Ordinance No.1097, Council Member O'Connor moved to read by title only, proposed Ordinance No.1097, extending a moratorium on the
extending a moratorium on the collection of the City's Public Works collection of the City's Public Works Impact Fees, Law Enforcement Facilities Impact Fees, and Fire Impact Fees;
Impact Fees, Law Enforcement Facilities Impact Fees, and Fire seconded by Council Member Watford.
Impact Fees - City Attorney (Exhibit 3).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No.1097 by title only
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1097 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC
WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILI TIES IMPAC TFEE SCHEDULE,
AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM
FOR THE COLLECTION OFIMPACT FEES FROMJULY 1, 2013 TO JUNE30, 2014; PROVIDING FOR CONFLICT,
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE."
.TUNE 18, 2013 - REGULAR MEETING - PAGE 9 OF 14
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
C. 2. a) Motion to adopt proposed Ordinance No. 1097. 111 Council Member Watford moved to adopt proposed Ordinance No. 1097; seconded by Council Member O'Connor.
b) Public comments and discussion. Mayor Kirk asked whether there were any public comments or questions. There were none. The Planning Board
reviewed the proposed ordinance, acting as the Local Planning Agency, and offered a recommendation of adoption.
Administrator Whitehall explained that nothing has changed with the economy since the approval of the moratorium
last year. He would like the Council to consider a gauge of when to reconsider implementing impact fees again. The
School Board voted to extend their moratorium another year as well. The County's remain in effect.
c) Vote on motion. VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:15 P.M.
IX. NEW BUSINESS.
A. Consider a request for approval of a remote parking lot to Mr. Steven Dobbs, of Steve Dobbs Engineering, presented a request from CRCO Properties, LLC. (Dr. Charles and
accommodate parking for a new fitness center - Steven Dobbs, Rachel Bartels), to approve a remote parking lot on Lots 10 to 12 of Block 77, City of Okeechobee Subdivision, Plat
CRCO Properties (Exhibit 4). Book 1, Page 10, (107 Northeast 61h Street), for a proposed new fitness center and nutrition store to be located on Lots
18 to 20 of Block 57, (704 North Parrott Avenue, formerly Rita's Furniture). The proposed development underwent Site
Plan Review by the Technical Review Committee on May 16, 2013. The plan is to convert an existing 8,000 square
foot retail building into a fitness center, a retail nutrition store, and a warehouse for storage. They reviewed and found
the initial plans did not provide the required 40 parking spaces. The site can only accommodate approximately 20
spaces. Fitness centers have one of the highest number of parking space requirements.
CRCO Properties recently purchased the property at 704 North Parrott Avenue, and own the majority of the property
one block South (Block 77) where they built and operate Big Lake Eye Center. This is the same area where the
proposed 44-space parking lot is to be constructed. The customers would walk thru the alleyway, cross Northeast 71h
Street to the subject property. In an effort to address the concern of the fitness/nutrition customers traversing from the
remote parking lot onto another's property located at 610 North Parrott Avenue, owned by David and Anita Nunez,
a written agreement was provided to Attorney Cook at the TRC meeting. He is reviewing it for legal sufficiency. Signs
indicating'No Parking' will have to be installed along 7" Street to keep customers from parking illegally along the right-
of-way.
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.TUNE 18, 2013 - REGULAR MEETING - PAGE 10 OF 14
AGENDA
COUNCIL ACTION - DISCUSSION -VOTE
IX. NEW BUSINESS CONTINUED.
A. Consider a request for approval of a remote parking lot to
The TRC offered a recommendation for the City Council to approve the concept for the remote parking lot with the
accommodate parking for a new fitness center continued,
condition that the development reappear (before the TRC) to address the construction details and compliance issues.
The Council asked for clarification, and Mr. Dobbs responded yes, there will be clear, sufficient signage to the remote
parking, and that they will require employees to park there. Mr. Dobbs added there was another issue to be resolved,
which is a means of tying the properties together so that should one of them be sold the remote parking would have
to remain as long as it is required for the use on the subject property. In addition, the Council requested the agreement
between CRCO Properties and Mr. and Mrs. Nunez, be recorded in the public record so the provision stay with that
property as well.
The discussion briefly focused on using a portion of the right-of-way by installing a large culvert and expanding the
on -site parking, that in reality created on -street parking, but only accessed through the parking lot, not from North
Parrott or Northeast 7" Street. There is no provision in the Code to allow this. Permits would also have to be approved
by both FDOT and South Florida Water Management District (SFWMD) and long term maintenance of the culvert
assigned. Council Member Watford asked, should the remote parking only be approved, would that completely stop
the project? Mr. Dobbs responded no, he then compared a large site plan drawing he brought with him to the smaller
copy distributed in Exhibit 4. The copy of the site plan Mr. Dobbs showed Council Member Watford was obtained by
the Clerk for public record.
Council Member Watford moved to approve the remote parking lot only for CRCO Properties as presented for
the above stated site and project, and that it does not include the on -street parking; seconded by Council
Member Williams.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
B. Discuss a proposed workshop recommended by the Planning Board
The Planning Board requested a workshop with the City Council as a means to discuss how to proceed with
to discuss Holding (H) Zoning category - City Planning Consultant
addressing changes to the Holding Zoning and agricultural uses within the City. In an effort to clear up the
(Exhibit 5).
inconsistencies between the FLU Map, the Zoning Map and the actual use of properties, the Planning Board has been
conducting workshops to review all these areas. Due to the number of properties that have to be addressed, Planner
Brisson presented them by categories, the first being all with a Holding Zoning District. He offered a recommended
zoning change that was based on consistency with the current FLU, or due to existing/surrounding uses, a
recommendation to change both the FLU and zoning.
JUNE 18, 2013 - REGULAR MEETING - PAGE 11 of 14 77
it AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
IX. NEW BUSINESS CONTINUED.
B. Discuss a proposed workshop recommended by the Planning Board
to discuss H Zoning category continued,
On September 20, 2012, the Planning Board offered a recommendation to the City Council regarding the proposed
changes to these properties, which the City Council considered on October 16, 2012. However, they denied the
majority with a request for the Planning Board to offer recommendations as to whether the City should recreate a
Holding Zoning District. If yes, that they use the `orange zoning book' as a guide to draft proposed district regulations,
and include light agriculture as one of the principle permitted uses. They also asked that they consider adding light
agriculture uses in other permitted principle uses for other zoning districts and land use categories. Finally, once the
City had all the amendments adopted, those effective property owners whose properties where denied rezonings at
the October 16 meeting decide to keep the Holding zoning or rezone to what was being recommended by Planning
Staff.
At the February 21, 2013, Planning Board meeting a recommendation was offered to amend the Land Development
Regulations by creating a Holding Zoning District and the specific regulations. Planner Brisson will be presenting this
in ordinance format to the Council at a later date. However, Text Amendments to the Future Land Use Element of the
Comprehensive Plan have to be approved first to allow these amendments. Due to an advertisement error, the
proposed amendments considered on February 21, had to be reconsidered at the May 16, 2013 meeting as a public'
hearing item. According to the discussion, the Planning Board was concerned that the Planning Staff's proposed'
changes were not entirely the direction the Council had inferred. In an effort to understand how to proceed, the Board
requested a workshop. Administrator Whitehall was instructed to coordinate a date and time that the majority of
members from both boards could attend. Workshops are advertised as any type of meeting with a published agenda.
The Council specifically noted that the discussion would only pertain to this subject.
C. Motion to approve a Landscape Construction and Maintenance Council Member Watford moved to approve a Landscape Construction and Maintenance Memorandum of Agreement
Agreement for the Florida Highway Beautification Council Grant - (between the City and Florida Department of Transportation) for a Florida Highway Beautification Council Grant (in
City Administrator (Exhibit 6). coordination with Okeechobee Main Street [OKMS], in the amount of $100,000.00 for landscaping medians in Parrott
Avenue, a/k/a/ State Road 15/US Highway 441); seconded by Council Member O'Connor,
The City Council adopted Resolution No. 2012-08 on September 25, 2012, which authorized OKMS to apply for and
accept a Highway Beautification Grant, and enter into a Highway Beautification Landscape Construction and
Maintenance Agreement. The Grant was awarded as Project No. 433726-1, in the amount of $100,000.00.On April
3, 2013, the City committed to $17,000.00 matching funds (either monetary or in -kind services).
Attorney Cook advised under paragraph seven of the proposed agreement, FDOT will pay the City for only costs
allowed by Florida Statute 339.2405(11), explaining the grant shall provide for the costs of purchase and installation
of a sprinkler system, the cost for plant materials and fertilizer.
JUNE 18, 2013 - REGULAR MEETING - PAGE 12 OF 14
AGENDA
COUNCIL ACTION - DISCUSSION -VOTE
IX. NEW BUSINESS CONTINUED.
C. Motion to approve a Landscape Construction and Maintenance
Attorney Cook continued, the grant may provide for the costs for labor associated with the installation of the plantings
Agreement for the Florida Highway Beautification Council Grant
so long as it is specifically provided for in the grant. He recommended the City provide for these costs of labor in the
continued.
Landscaping Plan, which is a separate document, but an exhibit ("B") to this agreement. Council Member Watford
moved to amend the motion on the floor to include that any costs for labor associated the installation of the
plantings be addressed in the Landscaping Plan; seconded by Council Member Maxwell.
VOTE ON MOTION TO AMEND
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED.
VOTE ON MOTION AS AMENDED
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED,
D, Consider recommendation by the Code Enforcement Board for
The item to consider a recommendation by the Code Enforcement Board for action to abate nuisance property located
action to abate nuisance property located at 400 Southeast 10"
at 400 Southeast 10" Avenue for demolition by Chief Smith (Exhibit 7), was deleted from the agenda.
Avenue for demolition - Chief Smith (Exhibit 7).
E. Motion to award a Street Sweeping Bid in the amount of $24,996,40
Council Member Watford moved to award a Street Sweeping Bid (No. PW-03-00-05-13, to the lowest bidder, for a five -
annually, to Clean Sweep & Vac, LLC - Public Works Director
year contract) in the amount of $24,996.40 annually, to Clean Sweep & Vac, LLC (of Stuart, as recommended by City
(Exhibit 8).
Staff); seconded by Council Member O'Connor.
The City conducted the bid Opening on May 28, 2013, at 2:00 p.m. Other bidders and annual amounts for 1,086.8 curb
miles, plus the City Hall parking lot were: All Seasons Landscape Contractors, Inc. of Ft. McCoy for $60,974.00; USA
Services of Longwood for $64,252,52; and AmeriSweeps of Palm City for $26,007.12. Public Works Director Allen
submitted a memorandum in Exhibit 8 which explained the current street sweeping contract was awarded to
AmeriSweeps for the last seven years. In rebidding the services, he utilized Geographic Information System (GIS) tools
that were not previously available, allowing staff to recalculate the actual curb miles being swept, which resulted in
a reduction of $15,500 from the current annual contract. The references for Clean Sweep have been verified, the City
of Stuart recently signed a second contract with them. The Mayor and Council received a copy of an email and letter
from Mr. Craig Ahal, President of AmeriSweeps, in which he explained he could not attend the meeting tonight, and
that their bid was an enhanced proposal to include special event sweeping and listed the community events.
Administrator Whitehall explained that bids have to be compared on the same basis. The enhancements were not an
option required by the City and therefore could not be a contributing factor in awarding the bid.
.TUNE 18, 2013 - REGULAR MEETING - PAGE 13 of 14 79
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
IX. NEW BUSINESS CONTINUED.
E. Motion to award a Street Sweeping Bid in the amount of $24,996.40 VOTE
annually, to Clean Sweep & Vac continued. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
F. Motion to approve a temporary change to the City's Housing Council Member Watford moved to approve a temporary change to the City's Housing Assistance Plan (HAP, adopted
Assistance Plan to allow the City Administrator to temporarily by Resolution No. 2010-08) to allow the City Administrator to temporarily approve change orders for only code and/or
approve change orders for only code and/or health/safety violations health/safety violations for the final three CDBG-HR projects (Contract No. 10DB-05-07-57-02-H08); seconded by
for the final three (3) CDBG projects - City Administrator (Exhibit 9). Council Member O'Connor.
City Grant Consultant Nancy Phillips is requesting the change in the current HAP, which allows the Grant and City
Administrator's to approve change orders up to three thousand, five hundred dollars, to allow them to approve all
change orders resulting from code, safety, or health violations only. The City currently has homeowners for the Ervin,
Massey and Koger projects, staying in hotels while their homes are being completed, with efforts being made to return
them home as quickly as possible. The CDBG funds cover the expenses for their temporary relocation. Due to the City
Council summer meeting schedule, waiting to approve these potential change orders could delay the projects, causing
further change orders for time allowance. All change orders approved under this temporary HAP change, will be
presented to the City Council for final authorization.
KIRK - YEA
WATFORD - YEA
VOTE
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
G. Motion to approve a change order for a CDBG Housing Applicant in Council Member Watford moved to approve a change order for a CDBG-HR (Contract No. 10DB-05-07-57-02-H08)
the amount of $7,628.00 for the installation of a new roof - City Housing Applicant (Mattie Ervin) in the amount of $7,628.00 for the installation of a new roof (project at 920 Northwest
Administrator (Exhibit 10). 111 9" Street); seconded by Council Member Williams.
This project was originally awarded as Bid No. ADM-01-00-01-13 to Sinemark Construction, LLC, in the amount of
$30,900.00. Ms. Phillips reported through a memorandum in Exhibit 10 that two other change orders were approved
for this project. The first was in the amount of $877.00 to remove and install a new water heater and drain pan. The
second was for $1,248.00 to remove and install a rear utility room door. Total for all three change orders is $9,753.00,
and there are sufficient CDBG-HR funds to cover these items.
JUNE 18, 2013 - REGULAR MEETING - PAGE 14 OF 14
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
IX. NEW BUSINESS CONTINUED.
G. Motion to approve a change order for a CDBG Housing Applicant in VOTE
the amount of $7,628.00 for the installation of a new roof continued. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
ITEM ADDED: H. Update from South Florida Water Management District -
Gary Ritter, Okeechobee Operations Center Director.
X. 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 thesote purpose of backup for official records of the Clerk,
ATTEST: �} '"s E. i , Mayor
`—, Dowling R. Watford, Jr., Mayor Pro=.e-fro
Lane Gami6tea, *CW, City Clerk
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Mr. Gary Ritter, Director for SFWMD Okeechobee Operations Center gave an update on the condition of Lake
Okeechobee. Water discharges continue from the lake as it is currently 13.9 feet, and the ideal depth is 12.5 feet. The
SFWMD Executive Director, Melissa Meeker, recently resigned and Mr. Ernie Barnett was appointed as Interim
Executive Director, Council Member O'Connor asked how Mr. Barnett compared to Mr. Bob Brown, who was
instrumental in helping Okeechobee during all the flooding with the storms. Mr. Ritter responded Mr. Barnett has
always been very responsive, has always listened to concerns, he understands this area, and he and Mr. Brown
graduated college together.
Mr. Ritter also reminded everyone the June 71h meeting of the County Coalition for Responsible Management of Lake
Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon was postponed to this Friday.
They are meeting at the Okeechobee County Court House. This Coalition is a multiple County based advisory group
organized primarily for the purpose of providing the general public, the South Florida Water Management District, the
United States Army Corps of Engineers, the Florida Department of Environmental Protection, the Florida Legislature,
and various groups and committees with a body which will present a variety of issues dealing with the health and
welfare of the lakes, estuaries, and riverine systems consisting of Lake Okeechobee, the St. Lucie and
Caloosahatchee Estuaries, and Lake Worth Lagoon, and all of the bodies of water connected to those. No official
action was necessary on this item, the Mayor and Council noted their appreciation for the updates.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 8:23 p.m. The next
regular scheduled meeting is July 16, 2013, at 6:00 p.m.
CITY OF OKEECHOBEE
DUNE 18, 2013
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF
CALL TO ORDER - MAYOR: June 18, 2013, City Council Regular Meeting, 6:00 p.m.
OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour;
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 +i
Council Member Dowling R. Watford, Jr. +�
Council Member Clayton Williams L'
City Administrator Brian Whitehall L---
City Attorney John R. Cook
City Clerk Lane Gamiotea ;✓
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith i —
Public Works Director David Allen
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present a Five -Year Longevity Service Award to Ryan Holroyd.
B. Present a Ten -Year Longevity Service Award to Adam Crum.
C. Proclaim the week of June 17 - 21, 2013 as "Small Business Week.' �/�J'
June 18, 2013 PAGE 2 of 4
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the May 21, 2013 Regular Meeting.
W / ,
VI. WARRANT REGISTER - City Administrator. ,
A. Motion to approve the May 2013 Warrant Register. �� (JW .,0
General Fund $453,089.53
Public Facilities Improvement Fund $ 73,847.68
Community Development Block Grant Fund $ 5,183.00
Community Development Block - Economic Grant Fund $ 1,265.10
Law Enforcement Special Fund $ 135.00
Capital Improvement Projects Fund $ 109.62
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. 106
Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION.
A.1.a) Motion to read by title only proposed Ordinance No. 1098, Application No. 13-001-SSA, submitted by owner, Okeechobee Asphalt & Ready Mix Conrete,
Inc., for a small-scale amendment to the Future Land Use Map, from Single Family to Industrial - City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only. 0 /5,AW
/ 111"_
c) City Attorney to read proposed Ordinance No. 1098 by title only.
2.a) Motion to adopt proposed Ordinance No, 1098.
i
b) Public comments and discussion.
c) Vote on motion.
June 18, 2013 PAGE 3 of 4
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
B.1.a) Motion to read by title only proposed Ordinance No. 1096, Rezoning Application No. 13-001-R, submitted by owner, Okeechobee Asphalt & Ready Mix
Concrete, Inc., to rezone Lots 1-5 of Block 44, City of Okeechobee from RMF to IND - City Planning Consultant (Exhibit 2).� ` f�
b) Vote on motion to read by title only. I-Aetk� eAAA-�,
c) City Attorney to read proposed Ordinance No. 1096 by title only.
2.a) Motion to adopt proposed Ordinance No. 1096.
b) Public comments and discussion.
c) Vote on motion. / C
CA.a). Motion to read by title only proposed Ordinance No. 1097, extending a moratorium on the collection of the City's Public Works Impact Fees, Law
Enforcement Facilities Impact Fees, and Fire Impact Fees - City Attorney (Exhibit 3).
b) Vote on motion to read by title only. A
c) City Attorney to read proposed Ordinance No. 1097 by title only.
2.a) Motion to adopt proposed Ordinance No. 1097
b) Public comments and discussion.
c) Vote on motion. aJ�u c
CLOSE PUBLIC HEARING. 2,'1-5—
IX. NEW BUSINESS.
A. Consider a request for approval of a remote parking lot to accommodate parking for a new fitness center - Steven Dobbs, CRCO Properties (Exhibit 4)
B. Discuss a proposed workshop recommended by the Planning Board to discuss Holding (H) Zoning category - City Planning Consultant (Exhibit 5).
C. Motion to approve a Landscape Construction and Maintenance Agreement for theFloridaHighway Beautification Council Grant - City Administrator
(Exhibit 6). ,: �i�%�� /,�!.d�t d�, �- i lrzk4 Q� /(l�t�i 6 U
D. Consider recommendation by the Code Enforcement Board for action to abate nuisance property located at 400 SE 10`h Avenue for demolition - Chief Smith
(Exhibit 7).
E. Motion to award a Street weeping Bid in the a --mount
m� ount of $24,996.40 annually to Clean Sweep & Vac, LLC - Public Works Director (Exhibit 8).
F. Motion to approve a temporary change to the City's Housing Assistance Plan to allow the City Administrator to temporarily approve change orders for only
codgg.�and/or health/safety violations for the final three (3) CDBG projects - City Administrator (Exhibit 9).
/51 f c 1' / U",,,& -Jt4 ! b-�
G Motion to approve a change order for a CDBG Housing Applicant in the amoun of $7,628.00 for the installation of a new roof - City Administrator
(Exhibit 1(l). ")ia
X. ADJOURN MEETIN . �`�
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Jul �/J�-a-�iJ
PLEASE TAKE NOTICE AND BE ADVISED that if aApersdesires to appeal any decision made by e City uncil 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.
June 18, 2013 PAGE 4 of 4
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'RDEPENDENT _ _
-NEWSPAPERS
OKFECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a—,�4iA�='._:_V�
r
in the matter of........-
t
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of —— _
A.ffiant .further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the .first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
r f 1'
Tom Byrd
Sworn to and subscribed before me this
---day of -x -.. ._6L..1-;�AD
Notary Public, State of Florida at Large
(863) 763-3134
CITY COUNCIL MEETING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Okee-
)bee will meet in Regular Session on Tuesday, Tune 18, 2013 at 6,00
I., at Gty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. Tie public
rafted and encouraged to attend.
'LEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a
Med court reporter will be made of the foregoing meeting. Accordingly,
person who may seek to appeal any decision involving the matters no-
sl herein will be responsible for making a verbatim record of the testimo-
and evidence at said meeting upon which any appeal is to be based.
ase contact C ty Administrat on at 863-763-3372, or website
w c tvofok hob om to obtain a copy of the agenda.
n accordance with the Americans with Disabilities Ad (ADA) of 1990 per-
s needing special accommodation to participate in this proceeding
uld con. the C ty Clerk's Otf ce at 863-763-3372 for assistance.
Lane Gamiotea, CMC, Gty Clerk
ANGIE BRIDGES
+; AW+: MY COMMISSION # EE 177653
EXPIRES: April 20, 2016
' pf Bonded Thru Notary Public Underwriters
-'1.eM•!plCS.i'A��"IN�i.S'.':'M::...�e'i'.s..M.w�✓nwwev�....w.�._.-._..
Presented To:
RYAN D. HOLROYD
In Recognition of Your Five Years of Service,
Hard Work, and Dedication
to the City of Okeechobee, its Citizens, and your fellow employees
June 8, 2008 to June 8, 20I3
Presented on this 18"' day, of June, 2013 on behalf of
the Mayor and City Council for the City of Okeechobee, Florida
James F Kir Mayor
Attest:-, G
Lane Gamiote CMG, City Clerk
Presented To:
In Recognition of Your 10-Years of Service,
Hard Work, and Dedication
to the City of Okeechobee, its Citizens, and your fellow employees
June 11., 2003 to June. .11., 2013
Presented on this 18'hday of June, 2013 on behalf of
the Mayor and City Council for the City of Okeechobee, Florida
James E. Kirk, mayor
Attest:
Lahe Gamiolt CMC, City Clerk
Bio on Firefighter Adam Crum:
Mr. Adam Dean Crum is a long time resident
and an OHS graduate, Class of 1999.
He is an Advanced Certified SCUBA Diver, Certified EMT and Firefighter,
having graduated from the IRSC Fire Academy in 2003.
Mr. Crum worked in Fire Safety for the Sebring International Raceway
while attending the academy, as well as
the City of Okeechobee and Lorida Firefighter Volunteer Departments.
He began his career at the City Fire Department on June 11, 2003.
During the last 10 years, he has successfully completed
many educational courses and has received praise for his assistance
with repairs and maintenance on equipment and vehicles,
which in turn helps the Department financially.
Earlier this year he was elected by the Pension Fund Members
to serve on the Board of Trustees which oversees
the Firefighters Retirement Plan.
It is an honor to recognize his 10 years of service with a framed certificate of
longevity and an engraved portfolio.
t
Office of the Mayor
-4, Okeechobee, Florida
WHEREAS, the City of Okeechobee was built on the dreams of entrepreneurs and
adventurers who dared to chart their own paths; and
WHEREAS, staying true to this legacy of innovation, our local small businesses continue
to blaze new trails of success; and
WHEREAS, small businesses power our economy; and
WHEREAS, the City of Okeechobee wishes to recognize small businesses for the key role
they play in keeping our economy strong.
NOW THEREFORE, I, James E. Kirk., by virtue of the authority vested in me as Mayor of
the City of Okeechobee, Florida, do hereby proclaim the week of June 17 through
June 21, 2013 as "Small Business Week" in the City of Okeechobee and urge all
citizens to join with us in this observance as we celebrate the accomplishments of
small business owners and their employees and encourage the development of new
small businesses.
In witness whereof I have hereunto set my
hand and caused this seal to be affixed.
ames E. Kirk, Mayor
Attest
Lane Gamibtea, City Clerk, CMC -F
Date: June 18,
CITY OF OKEECHOBEE
PROCLAMATION
Small Business Week
WHEREAS, the City of Okeechobee was built on the dreams of entrepreneurs and adventurers who
dared to chart their own paths; and
WHEREAS, Staying true to this legacy of innovation, our local small businesses continue to blaze new
trails of success; and
WHEREAS, Small businesses power our economy; and
WHEREAS, the City of Okeechobee wishes to recognize small businesses for the key role they play in
keeping our economy strong;
NOW, THEREFORE, the City Council of the City of Okeechobee, does hereby proclaim:
June 17th — June 21st, 2013 as "Small Business Week"
and proclaim
June 21st, 2013, as "Small Business Day" in the City of Okeechobee
We urge all our citizens to join with us in this observance as we celebrate the accomplishments of small
business owners and their employees and encourage the development of new small businesses.
Dated this 18th day of June, 2013.
ATTEST:
Name of Person(s) Group or Organizations Represented:
Small Business Administration
Small Business Development Center
Chamber of Commerce of Okeechobee County
Okeechobee Main Street
Economic Council of Okeechobee County
City Council- Small Business Week Proclamation- June 18, 2013
Names in attendance per support organization:
Small Business Administration: Vincent Lopresti, Area Manager.
Small Business Development Center: Duke Eva s, Business Analyst, and Cedric Gibson, Regional
Director.
Chamber of Commerce of Okeechobee County: John Gurney, Business Advocacy Committee
Chairman, and Antoinette Rodriguez, Executive Director.
1/
Okeechobee Main Street: Maureen Burroughs, President, and Sharie Turgeon, Executive
Director.9t,",
�� '-,
Exhibit 1
June 18, 2013
ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING
THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN
FROM SINGLE FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION
OF ORDINANCE AND 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 received and reviewed certain application(s) (No. 13-001-SSA),
submitted by Robert Gent, Registered Agent for Okeechobee Asphalt and Ready
Mixed Concrete, Inc., for a small-scale amendment to the Future Land Use Map of
the City's Comprehensive Plan, and said application(s) being reviewed by the City's
Planning Board, acting as the Local Planning Agency, at a duly advertised meeting
held on May 16, 2013, which determined such application to be consistent with 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 application complies with the requirements of Florida Statutes 163, Part
II, and that the proposed applications 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 Small Scale
Development Activities Comprehensive Plan 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 Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II,
Florida Statutes.
SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP.
The following described land consisting of approximately 1.493 acre(s) is
hereby re -designated for purposes of the Future Land Use Map of the City
of Okeechobee Comprehensive Plan:
Ordinance No. 1098 - Page 1 of 2
a. Application No. 13-001-SSA, from Single Family to Industrial. The Legal
Description of Subject Property is as follows:
Lots 1 through 5 and the North 40 feet of Lots 7 through12, of Block
44, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County Public
Records; together with
Beginning at the Northwest corner of Block 45 of said Plat, and run
West 150 feet to the East line of Northwest 8th Street; thence South
along the East line of Northwest 8th Street, 200 feet to the North line
of Seaboard Air Line Railroad right-of-way; thence East along the
North line of said railroad 150 feet to the Southwest corner of Lot 4 of
said Block 45; thence North along the West line of said Block 45, 200
feet to the Point of Beginning; being a part of the former but now
abandoned, Florida East Coast Railway right-of-way; Less the East 60
feet thereof; said land situate lying and being in 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 more particularly described as "Future Land Use: 2000 City of
Okeechobee, March 19, 1991, as amended March 3, 2009", 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.
SECTION 6. EFFECTIVE DATE.
The effective date for the enactment of Ordinance No.1098 shall be thirty-one (31)
days after the adoption of this ordinance.
INTRODUCED for first reading and final public hearing on this 18T" day of June, 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
ADOPTED after first reading on the 18" day of June, 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
James E. Kirk, Mayor
Ordinance No. 1098 - Page 2 of 2
INDEPENDENT _
NEWSPAPERS
OKEECHOBEE NEWS
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attache copy of
advertisement being a _ _ t__
in the matter of (.,, ,': +,+..tip , ut'` > _
L'
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for --publication in the said newspaper.
- r
Toni Byrd
Sworn to and subscribed before me this
Y AD
Notary Public, State of Florida at Large
"
«=
ANGIE BRIDGES
MY COMMISSION # EE 177653
q, as
pFd '
EXPIRES: April 20, 2016
Bonded Thry Notary public Underwriters
(863) 763-3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
PLEASE TAKE NOTICE that the City Council of the City of Okeechobee,
pFFlplloosrrssida will on Tuesday, June 18,gg2013 at N to consider final readlr p6:00 p.m. or as soon thereafter
lbleat on of the followinOrdinance
intoHall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUBUC
ollaw: No. .110 8: AN ORDInNANCE OF THE CITY OF OKEECHO EE,
FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE
PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FU-
TURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PAR-
TICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO
INDUSTRIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND
REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN;
PROVIDING FOR AN EFFECTIVE DATE.
The Ordinance is regarding Small Scale Comprehensive Plan Future Land
iUse Map Amendment Application No. 13-001-SSA, submitted by property
owner, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready
Mixefod Concrpertoe, Inc., to 1.493 charge the Flocated uture Lann the d Use designation from SF toNW `9lhrST The pro tporysed use is to extend the rexisti70p ant and 800 blocks of
LEGAL• Lots 1 through 5 and the North 40 feet of nnggLots 7 through 12, of
Bock 44, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County Public
Records; together with
Beginning at the Northwest comer of Block 45 of said Plat, and run West
150 feet to the East line of Northwest 8th Street; thence South along the
East line of Northwest 8th Street, 200 feet to the North line of Seaboard Air
Line Railroad right-of-way; thence East along the North line of said railroad
150 feet to the Southwest corner of Lot 4 of said Block 45; thence North
along the West line of said Block 45, 200 feet to the
Point of Beginning; be•
ing a part of the former but now abandoned Florida East Coast Railway
right-of-way; Less the East 60 feet thereof; said land situate lying and being
All members of the public are encouraged to attend and participate in said
Hearing. The proposed ordinance may be inspected in its entirety by mem-
bers of the public at the Office of the City Clerk during normal business
hours, Mon -Fri, 8:00 AM4:30 PM, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a
certified court reporter will be made of the foregoing meeting. Accordingly,
artyperson who may seek to appeal any decision Involving the matters no-
ticed herein will be responsible for making a verbatim record of the testimo-
ny and evidence at said meeting upon which any appeal is to be based.
Please contact City Administration at 863-763-3372, or website
w �w citvofokee nobee min. to obtain a copy of the agenda,
In accordance with the Americans with Disabilides Act (ADA) of 1990 per-
sons needing special accommodation to participate in this proceeding
should contact the City Clerk's Office at 863-763-3372 for assistance.
by: James E. Kirk, Mayor
Lane Gamlotea, CMC, City Clerk
[7
MAY 16, 2013 - PLANNING BOARD - PAGE 2 OF 9
AGENDA
V. OPEN PUBLIC HEARING - Chairperson.
A. Application No. 13-001-SSA submitted by Okeechobee Asphalt and
Ready Mixed Concrete, Inc., is requesting to change the Future Land
Use classification from Single Family to Industrial on Lots 1 through
5 and 7 through 12 of Block 44, City of Okeechobee, together with a
0.413 acre unplatted parcel, located in the 700 and 800 blocks of NW
9" Street (Exhibit 1).
Hear from Planning Staff,
ACTION - DISCUSSION - VOTE
CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:03 P.M.
Application No. 13-001-SSA, submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc., is requesting to
change the Future Land Use (FLU) classification from Single Family to Industrial on Lots 1 through 5 and 7 through 12
of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of
Northwest 9" Street.
Chairperson Pro-Tem Brass yielded the floor to Planning Consultant Brisson who reviewed the application highlights
and pointed out there had been a mapping error with the FLU and Zoning maps, and some copies may be incorrect.
These parcels have been discussed as conflicts between the FLU and Zoning maps at a workshop held last year. The
consensus of the Board at that time was to change the FLU and Zoning to Industrial for Lots 7 through 12 of Block 44,
and the 0.413 acre parcel due to the contiguous proximity to the railroad and that the depth of the lots made them
unsuitable for residential use. For Lots 1through 5 of Block 44, the consensus was to change the FLU to Multi -Family
due to the long time resident and owner of Lot 6 having the right to expect that the other lots would be used for
residential purposes.
Planner Brisson explained that the Board should base their decision on the Planning Staff report, the application, their
discussion, and what is presented during the Public Hearing, in addition to the fact that a Petition for a rezoning of these
parcels is to follow.
Board Member Ritter questioned the recommendation for Industrial on Lots 7 through 12 as these were located adjacent
to the residential ones and suggested there should not be an encroachment to the residential area. Board Member
Baughman questioned the fit of residential in this area, where there are so many Industrial uses and in trying to keep
the consistency within our Land Use and Zoning. Since there are Industrial uses all around this area, in order to keep
it consistent, it should be Industrial, adding there is a major intersection at Northwest 9" Street and 9" Avenue, with
heavy truck traffic. Board Member Baughman then turned to the area that has been identified as the Commercial
Corridor as an example and how this affects the residential area surrounding those property owners. Board Member
Brass interjected the biggest difference between these Commercial and Industrial areas is a geographic need. Should
a resident already be contending with Industrial properties, compounded by the railroad, with the perception that the
industrial expansion has been held back until recently, they may feel like they have been sold down the road cause
Industrial Zoning is much more invasive than the Commercial Zoning.
MAY 16, 2013 - PLANNING BOARD - PAGE 3 OF 9
M
II AGENDA III ACTION - DISCUSSION - VOTE II
V. PUBLIC HEARING CONTINUED.
A. 2. Hear from the property owner or designee/agent on
Application No. 13-001-SSA.
Public comments or questions from those in attendance, or
submitted to the Board Secretary.
Disclosure of Ex-Parte communications by the Board.
5. a) Consideration of a motion to recommend the City Council
approve or deny application.
Mr. Robert Gent, General Manager for Okeechobee Asphalt and Ready Mixed Concrete addressed the Board by first
thanking Mr. Brisson and stating that even though he didn't agree with his recommendation, he did agree that should
there be an empty lot present in a residential neighborhood, one would expect a home to be built upon it. However,
Northwest 91" Street is around 90 percent Industrial activity, and the railroad borders to the South. He stated he thought
his company had always been a "good neighbor" and they have tried to clean up the business. When he originally
purchased Lots 1 through 5, there were three abandoned homes on it that were demolished. The lots are not really big
enough to build anything other than a small single family home. Okeechobee Asphalt is trying to be more competitive
and he is hoping to increase his personnel by next year. At the moment, his intent is to use this property for materials
and supply storage.
Member McCreary inquired as to whether the resident of Lot-6 would be inundated with dust and dirt. Mr. Gent replied
that he is sensitive to the fact that there is a home adjacent to this property, so he plans to construct a small wall and
landscaping to buffer the impact as well as beautification.
Chairperson Pro -Tern Brass asked whether there were any comments or questions from those in attendance. There
was none.
Chairperson Pro-Tem Brass asked whether Board Members had ex-parte communications to disclose for the record.
There was none.
Planning Staffs findings are as follows: The primary goal of the FLU Element is to continue to maintain a high quality
living environment through a well -planned mix of compatible land uses and to preserve its distinctive natural and historic
resources, and to provide public services to its residents at a minimum cost. Even though the applicant purchased the
property and has been using it for storage of materials, Planning Staff does not find the application to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan. In regards to consistency of other aspects of the
Comprehensive Plan, Planning Staff agrees there should be no appreciable effects on the projected population of the
City, adjacent unincorporated areas, traffic levels, or public facilities and services.
Board Member Baughman made a motion to recommend the City Council approve Application No. 13-001-SSA,
submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc.,to change the Future Land Use classification from
Single Family to Industrial on Lots 1 through 5 and 7 through 12 of Block 44, City of Okeechobee, together with a 0.413
acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9t' Street, based on consistency and the
Industrial activity surrounding the area along with the railroad; seconded by Board Member McCreary.
MAY 16, 2013 - PLANNING BOARD - PAGE 4 OF 9
II AGENDA III ACTION - DISCUSSION - VOTE II
V. PUBLIC HEARING CONTINUED,
A. 5. b) Board discussion of a motion to recommend the City Council �� Chairperson Pro Tem Brass asked whether there was any further discussion. There was none.
approve or deny Application No. 13-001 -SS A continued.
c) Vote on motion.
HOOVER -ABSENT BURROUGHIS-ABSENT BAUGHMAN-YEA BRASS -No KELLER-YEA
McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED.
The recommendation for Application No. 13-001-SSA will be forwarded to the City Council for consideration at a final
Public Hearing on June 18, 2013
B. Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Petition No.13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc, is requesting to rezone from
Mixed Concrete, Inc. is requesting to rezone from Residential Multiple Residential Multiple Family and Residential Single Family -One (RSF-1) to Industrial on lots 1 through 5 of Block 44, City
Family and Residential Single Family-1 to industrial on Lots 1 through of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9" Street.
5 of Block 44, City of Okeechobee, together with a 0.413 acre
unplatted parcel, located in the 700 and 800 blocks of NW Y' Street
(Exhibit 2).
1. Hear from Planning Staff regarding Petition No. 13-001-R. Planning Consultant Brisson explained to the Board that in association with the previous application the applicant is
requesting to rezone the property as well. As previously explained, the City maps were recently updated and the
unplatted parcel was erroneously marked as RSF-1. It, along with Lots 7 through 12, are already Industrial. Since the
recommendation is to change the FLU, then the rezoning should reflect the same.
2. Hear from the property owner or designee/agent. III The applicant was present and did not have anything further to add.
3. Public comments or questions from those in attendance, or Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There was
submitted to the Board Secretary. III none.
4. Disclosure of Ex-Parte communications by the Board. Chairperson Pro-Tem Brass asked whether Board Members had ex -pane communications to disclose for the record.
There was none.
5. a) Consideration of a motion to recommend the City Council Planning Staffs findings are as follows: This rezoning is being addressed concurrently with a Small Plan Amendment
approve or deny petition. to the City's FLU Map. Staff has recommended denial of this request and has recommended it be changed to Multi -
Family instead.
Exhibit 1
City of Okeechobee
Date: S-1 (—1g` _petition No.
General Services Department 41tjl
yee Paid: GE5140 f tte Y j risdiction: P i
55 S.E. P Avenue, Room 101
Okeechobee, Florida 39974-2903
tA Hearin — i - 12 Hearin
--� —---'
Publication Dates:
_.. _
Phone: (863) 763-M72, ext.218
Fax: (863) 763-1686 !_
Notices Mailed -
IV TtC) i,FOR, 'CC MPF fIENSIV CaE.AN MENE71ViENt
TO BE COMPLETED BY CITY STAFF:
Verified FLUlyi
Verified Zoning Designation:
C
Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment
Xf Small Scale (SSA) 10 acres or less
❑ Small Scale (SSA) More than 10 but less than. 20 acres if the proposed
amendment will have a positive effect in addressing the problems of low
per capita incomes, low average wages. high unemployment, instability of
employment, and/or other indices of economically distressed
communities.
APrucANT ftFASE NOTE:
Answer all questions completely and accurately. Please print or type responses. If additional space is
needed, number and attach additional sheets_ The total number of sheets in your application
is: `''PPjifie. t 11 1rt�cl. LI-XC"bd 4iw- 0.1413CL6
Submit 1 (one) copy of the complete application and amendment support documentation, including
maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required
to be submitted by the applicant-
1, the undersigned owner or authorized representative, hereby submit this application and the attached
amendment support documentation. The information and documents provided are complete and accurate to
the best of my knowledge.
Bate
ram:_k �=%�
Signature of Owner or
Authorized Representative*
*Attach Notarized Letter of 0wrier's Authorization
For questions relating to this application packets call the General Services Dept. at (863)-763-3372, Ext. 218
Page 1 of 7
Applicaton for Comprehensive Plan Amendment (6/09)
' '
1. , , ' IAPPLIGAN'CIr4GENT/C�'NNER NFCRMAT16N
Bob Cent - Okeechobee Asphalt & Ready Mixed Concrete, Inc.
Applicant:
503 NW 9th Street
Address
Okeechobee
Florida
34972
City
State
Zip
(863) 763-7373
(863) 763-7379
bgent@lynchpaving.com
Telephone Number
Fax Number
E-Mail
Jeffrey M. Sumner,
PE - AECOM Technical
Services, Inc.
Agent*
3550 SW Corporate
Parkway
Address
-
Palm City
Florida
34990
City
State
Zip
(772) 219-2931
(772) 286-3925
jeff.sumner@aecom.com
Telephone Number
Fax Number
E-Mail
Same as applicant.
Owner(s) of Record
Address
City
State
Zip
Telephone Number
Fax Number
E-Mail
Name, address and qualification of additional planners, architects, engineers, environmental
consultants, and other profdssionals providing information contained in this application.
*This will be the person contacted for all business relative to the application.
For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext., 218
Page 2 of 7
Applicaton for Comprehensive Plan Amendment (6/09)
!i. - REtUEsTti etANt3E:Please�.see Setiont.e�ct�dut�}
A. TYPE: (Check appropriate type)
❑ Text Amendment ® Future Land Use Map (FLUM) Amendment
B. SUIMMARY of REQUEST (Brief explanation):
Amend the Future Land Use designation of Lots 1-5 and 7-121,
Block 44 from the existing Single Family to proposed
Industrial. n vA i vini , . An `U, n if" d i'2 .AA I 1y f1 �5
-•- md • • ■ -�•-
RIMMAKNIUMASMIA. PROPERTY LocATIOIV:
1. Site Address: NW 9th Street and NW 9th Avenue (see attached
Figure A-1, Aerial Map) �tp �-
2. Property ID #(s): 3-15-37-35-0010-00440-0010, 3- 4-N _3 f '��-- '�-_
3-15-37-35-0010-00440-0030, and .�•,N"37Al(�
B. PROPERTY INFoRmAnoN (Note: Property area should be to the nearest tenth of an acre. For
properties of less than one acre, area should be in square feet.)
I . Total Area of Property: 1 acres
2. Total Area included in Request. 1- �`es; , cre s
a. In each Future Land Use (FLGT) Category:
(1) 1."Iacres - SINGLE-FAMILY
(2)
(3)
(4)
b. Total Uplands: 1."'acres
C. Total Wetlands: 0 acres
For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218
Page 3 of 7
Applicaton for Comprehensive Plan Amendment (6/09)
3. Current Zoning: IND / RMF / A F 1
4. Current FLU Category: SINGLE-FAMILY
5. Existing Land Use: VACANT
^
6. RNuested FLU Caiegpn INDUSTRIAL
D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY
Development Type
Existing FLU
Category
Proposed FLU
Category
Residential
Density (DU/Acre)
4 DU/ac
Number of Units
4
Commercial (sq. ft.)
Industrial (sq. ft.)
23,500
At a minimum, the application shall include the following support data and analysis. These
items are based on the submittal requirements of the State of Florida, Depalunent of Community
Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee
Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by
the applicant.
A. GENERAL INFORMATION AND MAPS
Unless otherwise specified, the Applicant must provide the following materials .for any
proposed amendment that will affect the development potential of properties. If large
maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for
inclusion in public hearing packets.
NIP, I. Wording of any proposed text changes. Not applicable.
/2. A map showing the boundaries of the subject property, surrounding street network,
and Future Land Use designations of surrounding properties. See Figure F-1,
tta led.
3. A map showing existing land uses (not designations) of t be subject property and
surrounding properties. See Figure E-1,attached.
✓ 4. Written descriptions of the existing land uses and how the proposed Future Land Use
designation is consistent with current uses and current Future Land Use designations.
See attached Application Summary letter.
✓ 5, Kai) Myny ifrif zon r aoc clsubject property and surrounding properties.
See,/b. Certified property boundary survey; date of survey; surveyor's name, address and
phone number; and legal description(s) for the property subject to the requested
change. Boundary survey, prepared by GSI, attached.
For questions relating to this application packet, call the General Services Dept. at (863)-763-3312, Ext. 218
Page 4 of 7
Applicaton for Comprehensive Plan Amendment (6109)
7. A copy of the deed(s) for the property subject to the requested change. See attached.
V 8. An aerial map showing the sub
,Aect groperty and surrounding properties.
See Figu e A-1, atta he .
a` 9. If applicant is not the owner, a notarized letter from the owner of the property
authorizing the applicant to represent the owner. Not app 1 i c ab 1 e .
B. PUBLIC FACILITIES IMPACTS See attached Public Facilities Impact
Statement letter.
Note: The applicant must calculate public facilities impacts based on a maximum develop-
ment scenario.
1. Traffic Analysis
a. For Small Scale Amendments (SSA)
(1) The Applicant shall estimate of traffic volumes associated with the
proposed change using the most recent edition of Trip Generation
prepared by the Institute of Traffic Engineers and assuming maximum
development potential of the property.
(2) If the proposed Future Land Use change will result in an increase of
100 or more peak hour vehicle trip ends in excess of that which would
result under the current Future Land Usc designation, the Applicant
shall attach a Traffic Impact Study prepared by a professional trans-
portation planner or transportation engineer
b. For Large Scale Amendments (LSA)
All LSAs shall be accompanied by a Traffic Impact Study prepared by a
professional transportation planner or transportation engineer.
C. Traffic Impact Studies are intended to determine the effect of the proposed
land use change on the city's roadway network and the city's ability to accom-
modate traffic associated with the proposed change over a ten-year planning
period.
d. An inability to accommodate the necessary modifications within the financially
feasible limits of the city's plan will be a basis for denial of the requested land
use change;
2. Provide estimates of demand associated with maximum potential development of the
subject property under the current and proposed Future Land Use, designations for
provision potable water, sanitary sewer, and recreation/open space as follows:
a. Potable Water and Sanitary Sewer demand based on:
(1) 114 gallons per person per day (gppd) for residential uses
(2) 0.15 gallons per day per square foot of floor area for nonresidential uses
b. Recreation, and Open Space demand for residential uses of 3 acres per
thousand peak. season population.
For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218
Page 5 of 7
Applicaton for Comprehensive Plan Amendment (6/09)
Provide a letter from the appropriate agency substantiating the adequacy of the
existing and proposed facilities, to support development resulting from the proposed
change, including:
a. Solid Waste;
b. Water and Sewer;
C. Schools.
In reference to above, the applicant should supply the responding agency with the
information from Section's U and III for their evaluation, as well as estimates of
maximum population and nonresidential square footage developable under the existing
and proposed Future Land Use categories. The application should include the
applicant's correspondence to the responding agency.
C. ENVIRONMENTAL IMPACTS
Proposed plan amendments shall be accompanied by evidence that the following studies
either have been completed for another permitting agency or are not relevant to the property.
There shall be inventories of
Wetlands and aquifer recharge areas. Not applicable.
2. Soils posing severe limitations to development. Not applicable.
Uniquehabitat. Not applicable.
4. Endangered species of wildlife and plants. Not applicable.
S. Floodprone areas. Not applicable.
A INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN
1. Discuss how the proposal affects established City of Okeechobee population
projections. No impact on population projections.
2. List all goals and objectives of the Bonita Springs Comprehensive Plan that are
affected by the proposed amendment. This analysis should include an evaluation of
all relevant policies under each goal and objective. Not applicable.
3. Describe how the proposal affects the County's Comprehensive Plan as it relates to
adjacent unincorporated areas. No affect on County' s Plan.
4. List State Policy Plan and Regional Policy Plan goals and policies that are relevaht to
this plan amendment. Not applicable.
For questions relating to this application packet, call the General Services Dept, at (863)-763-3372, Ext. 218
Page 6 of 7
Applicawn for Comprehensive Plan Amendment (6/09)
E. JUSTIFICATION OF PROPOSED AMENDMENT
Justify the proposed amendment based upon sound planning principles. Be sure to support all
conclusions made in this justification with adequate data and analysis. see attached
Application Summary letter.
1f; PEE SCHEDULE:
Large Scale Amendment (LSA)
$4,000.00 plus $30.00 per acre
Small Scale Amendment (SSA)
$850.00 plus $30.00 per acre
Text Amendment Flat Fee
$2,000.00 each
+ i+
I, Bob Gent certify that I am the owner or authorized representative of
the property described herein, and that all answers to the questions in this application and any
sketches, data, or other supplementary matter attached to and made a part of this application, are
honest and true to the best of my knowledge and belief. I also authorize the staff of the City of
Okeechobee to enter upon the property during normal working hours for the purpose of investigating
and evaluating therequestmade through this application.
Signature of Owner or Authorized Agent Date *------ T
Typed or Printed Name
STATE OF_ (� r ► Cx i
Cotes O
The foregoing instrument was certifie ands scribed before me this day of
[r AO k 20 , by , who is pto me
or who has produced as identification. r
JACQUELINE J PALMER
MY.COMMISSION # EE02403'
EXPIRES September 07, 2014
printed Nye of Notary Public r�
Commission Expires on: k t �' 4
For questions rela ng to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218
Page 7 of 7
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SUBJECT
PROPERTY
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LYNCH PAVING
N.W. 9TH STREET
16
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18
COMPREHENSIVE PLAN
LAND USE
1
SINGLE - FAMILY
MULTI - FAMILY
COMMERCIAL
INDUSTRIAL
FUTURE LAND USE DESIGNATIONS
PUBLIC FACILITIES
RESIDENTIAL MIXED USE
AEC OM FIGURE
PROjECT NO. I
6.102685% 1 F-1
4--o, tot-,SS4- -ffa)
/ateLYNCH PAVING AECOM
EXISTING LAND USES E-1
A 1-4 R
A COM
March 8, 2013
Mr. Bill Brisson
Planning Consultant, City of Okeechobee
AECOM 772 286 3883 tel
3550 S.W. Corporate Parkway 772 286 3925 fax
Palm City, Florida 34990
www.aecom.com
RE: Requested Comprehensive Plan Amendment
Block 44, City of Okeechobee — Okeechobee Asphalt & Ready Mix Concrete, Inc.
Summary and Public Facilities Impact Statement
Dear Bill:
This letter is intended to summarize the above -referenced application, and to provide a Public
Facilities Impact Statement as required by the City. The application is concurrent with an application
for rezoning of a portion of the same property.
Application Summary
Okeechobee Asphalt & Ready Mix Concrete, Inc. (Applicant) owns the property subject to this
application: Lots 1-5 and 7-12, Block 44 in the City of Okeechobee. The property is currently vacant,
�� t�j3ttC and is bounded to the west by mixed residential and institutional uses (church), on the south by a
railroad right-of-way, on the north by a vacant parcel owned by a church and a vacant commercially -
zoned parcel owned by the Applicant, and on the east by the existing asphalt and concrete plant
owned by the Applicant. The subject parcel has a current FLU designation of SINGLE-FAMILY, as
shown on the attached Figure F-1 — Future Land Use Designations. Lots 7-12 are currently zoned
INDUSTRIAL (IND), and Lots 1-5 are currently zoned RESIDENTIAL MULTIPLE FAMILY (RMF)., WLL.
CEO, pacc.� is lcwwd RSV 1
The Applicant requests amendment of the Comprehensive Plan to change the Land Use designation
of the subject property from SINGLE-FAMILY to INDUSTRIAL. The Comprehensive Plan Amendment
would make the existing zoning of Lotsg�-�2 cgis ent with the Comprehensive Plan, and would
allow for proper re -zoning of Lots 1-5this � zo ing is being requested under a concurrent
application). The requested change in FLU and zoning will allow for use of the subject property
consistent with the operation of the existing plant. Specifically, the applicant intends to utilize the
subject property for material storage. The use is consistent with the surrounding area, and makes
appropriate use of the existing rail line on the south side of the property.
Public Facilities Impact
The Applicant intends to utilize the subject property for storage of materials associated with operation
of the existing asphalt/concrete plant, and therefore impacts to public facilities are expected to be
minimal. However, it is understood that the application must calculate impacts based on a "maximum
development scenario". Therefore, utilizing a maximum building coverage of 50% (per City Land
Development Regulations), it is assumed that the subject property could, at most, include 23,500
square feet of Industrial floor area.
c:\documents and settings\sumnerj\desktop\lynch paving\summary and impact statement -flu
amendment final 08-march-2013.docx
A COM
1. Traffic Analysis
Traffic anticipated for industrial property is widely variable in the ITE manual, and based on
specific criteria for the development which cannot be known at this time (number of
employees, etc.) Industrial use of the subject property is not anticipated to increase traffic
flows above what would be expected with development of the subject property as single-
family residential lots. A detailed Traffic Impact Analysis is not being provided.
2. Water, Sewer and Recreation/Open Space
The existing residential lots, if developed, could conceivably generate 456 gallons per day
(114 gallons per day per unit). The proposed use could generate up to 3,525 gallons per day
(0.15 gallons per day per square foot). Recreation / Open Space analysis is not applicable.
3. Adequacy of Existing Public Facilities
The proposed use is consistent with surrounding development, and it is anticipated that, even
in the maximum -development scenario, the proposed Land Use change would not be
burdensome to existing public facilities for solid waste and water/sewer. The proposed use
would decrease the potential burden on public schools compared to the existing land use.
All other questions are addressed directly in the application. If you require any further information,
please do not hesitate to contact me at your earliest convenience at 772-219-2931, or
jeff.sumner@aecom.com. Thank you in advance for your assistance.
Sincerely,
AECOM Technical Services, Inc.
Jeffrey M. Su her, PE
Managing Engineer
Cc: Bob Gent, Owner
6documents and settings\sumnerj\desktop\lynch paving\summary and impact statement -flu
amendment final 08-march-2013.docx
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Parcel ID Number. 3-15-37-35-0010-00440-0010
Prepared by and return to:
SUSIE BURK
Okee Tande Title Company, IM.
105 NW 6111 Street
Okeechobee, Florida 34972
FRB NO.31414
Warranty Deed
This indenture, Executed this Inne 6, 2011 A.D. Between
FILE NUM 2011005545
OR BK 00701 P6 1614
SHARON ROSERTSOHr CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTYr FLORIDA
RECORDED 06/07/2011 03103333 PH
AhT 62r500.00
RECORDING FEES $18.30
DEED DOC s437.50
RECORDED BY H Pleon
Pas 1614 — 1615; (2oss)
DAN BUCHANAN aWa DANNY R. BUCHANAN, AN UNMARRIED MAN,
whose address is 801 NW nU AVE, OKEECHOBEE, FL 34972, hereinafter called the grantor, to
OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation,
whose post office address is: P. O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee:
(whenever need bends the term "granwe *0 "grantee" include as the pubs to this instrument and the heirs, legal representatives and assigns of
individuals, and the moccswra and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, romises, releases, conveys and confirms
unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, viz:
Legal Description as Exhibit "A"
Parcel ED Number: 3-15-37-35-0010-00440-0010
Subject to covenants, restrictions, easements of record and taxes for the current year.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever, and that said land is Gee of all encumbrances except taxes
accruing subsequent to December 31, 201 A
In Witness Whereof, the said grantor has signed and scaled these presents the day and year first above written
Signed, sealed an del' ed In our presence:
XQU (Seal)
Sylvia E. BurX D UCHAM a DANNY R. BUCHANAN
VAtnesa Printed Na710 • 801 NW TH AVE, OKEECHOBEE, FL 34972
State of Florida
County of Okeechobee
The foregoing instrument was acknowledged before me this June 6, 2011, by DAN BUC a/k/a ANNY R BUCHANAN,
AN UNMARMD MAN, who is/am personally known to me or who has produced a dui entification
SYLVIA L BURK
MY COMMI8310N tt SE062620 No u tc Sylvia E. Burk
EXPIRES February 13, 2016 Fri time
�o sreatsl mom
�^ My Commission Expires
Book701/Pagel614 CFN#2011005545 Page 1 of 2
Exhibit "A"
PARCEL I: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA
PARCEL # 3-15-37-35-0010-00440-0010
PARCEL II: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA
PARCEL43-15-37-35-0010-00410-0030
UM
PARCEL III: THE NORTH 40 FEET OF LOT •11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE
COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA. (ss/rc'11)
PARCEL# 3-15-37-35-0010-00440-0110
File Number: 31414
Legal Description with Non Homestead
Closers Choice
Book701/Pagel615 CFN#2011005545 Page 2 of 2
This instrument prepared by and return to:
United Title Agencies i Inc.
1315 N. Dixie Highway,
Lako Worth Florida, 33460
W.C. File # 11-4-0-218
Tax folio #: 3.15-37-35-0010-0440-0030
Warranty Deed
F I I_E HUM 2011004416
OR ESK 00700 PG 1.330
SHARON ROSERTSOHr CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY, FLORIDA
RECORDED 05/05/2011 12114:05 Ph
ANT 60r000.00
RECORDING FEES $10.00
DEED DOC $420.00
RECORDED BY S Creech
Ps 13301 Ups)
This Indenture, made this 27th., day of April, 2011, Between
Curtis Parks, a single man, and Alma Grace, a single woman,
grumtori,
Whose post office address is: 3924 N.W. 7& Street, Okeechobee, Florida 34972
and
Okeechobee Asphalt and Ready Mixed Concrete, Inc„ a Florida Corporation, grantee'.
whose post office address is P.O. Box 1994, Okeechobee, Florida 34973
Witnesseth: That said grantor, for and in consideration of the sum of $10.00 (Tea dollars) and other good sad
valuable considerations to. said grantor in hard paid by said grantee, the recelpt whercof is hereby acknowledged,
has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forover, the following described
land, situate, lying and being in Okeechobee County, Florida, to -wit:
Lots 3, 4, S,Block 44, And the North 40 feet of Lots 7, 8, 9 and 10, Block 44, Okeechobee, according to the plat
thereof, recorded in Plat Book 2, Page 11, Public Records of St. Lucie County, Florida and Plat Book 5,
Pages) 5, of the Public Records of Okeechobee County, Florida.
TO HAVE AND TOHOLD the sawtogetherwithallandsingulartheTenements,hereditaments,andappuftenancea
there unto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim
whatsoever ofthe said Grantor, either in law or equity, to the only proper use, benefit andbehoof of the said Gramteo
in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantorhas good right sod lawful authorityto sell and convey said land; that the grantorhemby fully warrants
the title to said had and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 2010.
Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to
reimpose sane, zoning ordinances, and taxes for the current year and subsequent years.
•"Grantor", "person", "he", "she", "it ;"they", and "grantee" or the liko shall include singular, plural, past and future
tense without distingeishmem and shall be considered in its proper tense, time,k gender as text may require or admit
In Witness Wherco4 Grantor has hereunto set grantors hand and seal the day and year first above written.
Signed, sealed and delivered in our resence.
r _.(SEAL)
L-, SEAL)
(
Witness: Grace
C A--,h4 E. l✓arli,�rs>�ah S�
STATE OF Florida COUNTY OF Okeechobee
The foregoing instrument was acknowledged before me this 27dL day of April, 2011, by
Curtis Parka, a single man, and Alma Grace, a single woman,
who is personally known to me or who bas produced a drivers license as identification and who did
take an oath.
0 — -
No ublic My Commission expires:
Book70O/Page1330 CFN#2011004416
4 G
This instrument prepared by and return to:
Nicole A. Davis
United Title Agencies I Inc.
1315 North Dixie Highway.
Lake Worth, Florida. 33460
File # 11.4-0-246
Tax folio #: 2-16-37-3"A00-00003-0000
Warranty Deed
This Indemure, made this 1".. day of August, 2011. Between
FILE NUM 2011007806
OR BK 00704 PG 0635 �E `
SHARON ROSERTSONe CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY► FLORIDA
RECORDED 08/10/2011 11142r19 Ali
ANT 60►000.00
RECORDING FEES $10.00
DEED DOC $420.00
RECORDED BY N Pinon
Ps 0633; (1as)
Betty Joan Hayes, A Single Woman,
granw.
Whose post office address is: 1801 North West 3rd. Land, Unit #109, Okeechobee. Florida 34912
and
Okeechobee Asphalt and Ready Mix Concrete, Ino., a Florida Corporation, grautce�.
whose post office address is 503 North weal 9th. Street, Okeechobee. Florida 34973
Wimesseth: That said grantor, for n of the sum of S10.00 (Ten dollars) and other good and
valuable wnsidemtioru to said gran by said grantee, the receipt whereof u hereby aclatowledged,
has granted, bargained and sold to rho and granteds heirs and assigns forever, the following described
land, situate, lying and being in Okee So Florida. to -wit:
Beginning at the Northvrestcoma ofB Okeechobee, according to the plat thcseofrecorded inPlat
Book 2, Page 17, Public Record: of St Lucie da, sad run Wes1150 feet m the East line o£Tascalooss
Street; theme South along the East lino 00fed tothe Noah tine ofSeaboard Air Una Ratlroad
right ofway; thanes East along theNorth ' foot to the Southwest comerofLot 4 ofsaid Block
45; thence North along the Wort lino of said Poi ofBeginning; being a part oft!» former but
now abandoned. Florid* EwtCoast Rat7way right of MY. East 60 feet thereof; said land situate lying and
being in Okeahobeo County, Florida
TOHAVEAND TO HOLD the same togetherwith all andsiagulartheTenementshereditamont%andappurteaeaces
then unto belonging or In anywise appmuming, and all the estate, right title. interest, hen, equity and claim
whatsoever of the slid Grantor, either in law or equity, to the onlyproper use, benefit and bahoofof the said Grantee
in fee simple forever.
AND dw grantor banby covenants with said grantee that the grantor is lawfully seized of said land in fee simply
that ihograntor ban good right and lavaV authorityto sell and convey said land; that the granmr hereby"wwants
the title to said land and will defend the same against the lawful claims of allpersons whomsoover; and thatsaid land
is free of all encumbrancca, except taxes accruing subsequent to December 31. 2010.
Subject to restrictions, resotvations, easements and limitations ofrecord, if erg, provided that dim shall not serve to
reimpose same, zoning ordinances, and taxes for We current year and subsequent years.
*"Grantor". "person", "lto", "she". "rt", they". and "grantee" or the Mw shall include singular plural, past and Mare
tenaewitioutdistinguislanentandshallbe considered in itspropertense, time & gender as text may require or admit.
In Witness Whom& Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and de m presence.
6 (SEAL)
Wim K-0iWd-1— Betty Jean Rayes
—(SEAL)
witness c �ta,•/pJ ilf Ilea !r
STATE OF Florida
COUNTY OF Okeechobee
nwfongoingiasnvmeatwaaacknowlelgedboforemod& 1".dayofAugust.2011,byBetty leaaHayea ASingle
Woman, who is personally known to me or who has produced a drivers license as identification and
who did take an oath.
My Commission expires:
Notary o
pY/Mt:A1000tIHl
WOOWaOBlt'aIIDD! M
e °art�+t>w arwrr" e.
Book704/Page635 CFN#2011007806 Page 1 of 1
AEiCC*A 9-GURF
LYNCH PAVING DROJFCT NO,
AFC�U
Sx. �Ovmww Aevww
imm
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AERIAL MAP
Staff Report
Small Scale
Comprehensive Plan Amendment
Prepared for The City of Okeechobee
Applicant: Okeechobee Asphalt & Ready Mixed
Concrete, Inc
Petition No.: 13-001-SSA
II., Itt "��,Planning
,%& Management Services, Inc,
U6,
.1 2#75 Jackson Street, Suitv. 206
I . Forl Myem, Florida
M 239 334- 3366
Serving Florida Local Governments Since 1988
Staff Report
Small Scale Comprehensive Plan Amendment
(General Information
Owner/ Applicant
Applicant Address
Site Address
Applicant Phone Number
Applicant Email
Contact Person
Contact Phone Number
Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Petition No. 13-001-SSA
Bob Gent - Okeechobee Asphalt & Ready
Mixed Concrete, Inc
503 NW 9ll' Street
Okeechobee, FL 34972
805 and 811 NW 9"' Street
801 NW 8lh Avenue
863-763-7373
bgent@lynchpaving.com
Amy Eason, AECOM
772-286-3883
Existing Proposed
Future Land Use Map Classification Single Family Industrial
RMF (lots 1 — 5);
Zoning District IND (lots 7 — 12) IND
IND (FEC r/w parcel)
Storage of
Use of Property Vacant asphalt/concrete
materials
Acreage 1.493 1.493
Serving Florida Local Governments Since 1988
Staff Report
Small Scale Comprehensive Plan Amendment
Legal Description of Subject Properties
Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Petition No. 13-001-SSA
LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
LOTS 3, 4, AND 5 AND THE NORTH 40 FEET OF LOTS 7, 8, 9 AND 10, BLOCK 44,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, AND PLAT BOOK
5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC
RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT
BOOK 1 PAGE 10 PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 45, TOWN OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND RUN
WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH
ALONG THE EAST LINE OF TUSCALOOSA STREET 200 FEET TO THE NORTH
LINE OF SEABOARD AIR LINE RAILROAD RIGHT OF WAY; THENCE EAST ALONG
THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SOUTHWEST CORNER
OF LOT 4 OF SAID BLOCK 45; THENCE NORTH ALONG THE WEST LINE OF SAID
BLOCK 45, 200 FEET TO POINT OF BEGINNING; BEING A PART OF THE FORMER
BUT NOW ABANDONED, FLORIDA EAST COAST RAILWAY RIGHT OF WAY;LESS
THE EAST 60 FEET THEREOF; SAID LANDS SITUATE LYING AND BEING IN
OKEECHOBEE COUNTY, FLORIDA
Parcel Identification Numbers: 3-15-37-35-0010-00440-0010, 3-15-37-35-0010-00440-0030,
3-15-37-35-0010-00440-0070, 3-15-37-35-0010-00440-0110,
2-16-37-35-OOAO-00003-0000
__q .
The Applicant is requesting to amend the Future Land Use Map from Single Family to
Industrial. Based on the size of the property (1.493 acres), this application qualifies
under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the
Comprehensive Plan because the State Statutes allow up to 20 acres under the Small
Scale Plan Amendment procedures in a County designated as Economically
Distressed.
'-' 2
Serving Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Small Scale Comprehensive Plan Amendment Petition No. 13-001-SSA
Adjacent Future Land Use Map Classifications and Zoning Districts
North: Future Land Use Map Classification: Single -Family, Commercial
and Multi -Family (see map)
Zoning District: RMF and CPO (see map)
Existing Land Use: Vacant except for single
family homes on Lot 6 and
north of the FEC r/w parcel
(see map)
East: Future Land Use Map Classification: Industrial
Zoning District: IND
Existing Land Use: Okeechobee Asphalt and
Ready Mixed Concrete
facilities
South: Future Land Use Map Classification: Single -Family and Multi -
Family south of railroad
Zoning District: RSF 1 south of railroad and
NW 8th Street
Existing Land Use: Residential apartments and
vacant
West: Future Land Use Map Classification: West of Lot 5 is Single -
Family; beyond that is Multi -
Family;
West of Lot 7 is Single -
Family
Zoning District: West of Lot 5 is RMF;
West of Lot 7 is IND
Existing Land Use: West of Lot 5 is a Single-
family home then a Church;
West of Lot 7 is vacant
(see map)
i 3
Sening Florida Local Governments since 1988
Staff Report
Small Scale Comprehensive Plan Amendment
Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Petition No. 13-001-SSA
The Applicant is proposing to amend the Future Land Use Map to allow industrial uses
on the subject property. It is our understanding that Lots 7 — 12 have been used for
storage of industrial materials. The Application states that the intended use of the
properties is for storage of industrial materials, but if the requested change is approved,
use of the property will not be limited only to storage.
Internal Consistency with the Comprehensive Plan
A. Consistency with Goals, Objectives and Policies of the Plan
The primary goal of the Future Land Use Element is to continue to maintain a high
quality living environment through a well -planned mix of compatible land uses
[emphasis added] and to preserve its distinctive natural and historic resources and to
provide public services to its residents at a minimum cost. The Applicant is requesting
to amend the Future Land Use Map from Single Family to Industrial.
As some of you will recall, each of the properties contained within this Application were
the subject of discussion during a work session held in May of 2012. At that time the
following materials were presented to the Board:
LOTS 7 — 12: We recognized that the property is owned by Okeechobee Asphalt and
Ready Mixed Concrete. While there was what appeared to be a small single-family
house and an RV, it was considered vacant in the Property Appraiser's records. It is
our understanding that the property has been used to some extent for the storage of
industrial materials associated with Okeechobee Asphalt and Ready Mixed Concrete
operations. At that time our recommendation was to change the Future Land Use
Category of these lots from Single-family to Industrial. The basis for this
recommendation was to recognize its adjacency to the railroad and that the depth of the
lots (about 42 feet) make the lots largely unsuitable for residential use.
We still believe Industrial is the most appropriate Future Land Use Category for
these lots.
l,.. 4
mom,
Serving Florida Local Governments Since 1988
Staff Report
Small Scale Comprehensive Plan Amendment
Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Petition No. 13-001-SSA
THE ABANDONED FEC R/W PARCEL: Originally this property was thought to have
no Future Land Use Designation. However, since that time, it was determined that an
error had been made some time ago and research showed that the property carries a
Single Family designation. This property is also owned by Okeechobee Asphalt and is
immediately adjacent to existing facilities and operations associated with its ready
mixed concrete operations. This and the parcels separation by roadways from
residential uses and residentially zoned properties served as the basis for our
recommendation to change the Future Land Use category to Industrial.
We still believe Industrial is the most appropriate Future Land Use Category for
this parcel.
LOTS 1 — 5: These properties are all vacant and are also designated Single -Family on
the Future Land Use Map (FLUM). Immediately to the west is a single-family home. To
the north is a vacant commercially designated lot which, as we understand it, is likely to
be used as office for Okeechobee Asphalt. The other vacant parcels on the north side
of NW 9th Street are owned by the Missionary Baptist Church which has its physical
location at the southwest corner of the intersection of NW 9th Street and NW 9th Avenue.
While an Industrial designation may be acceptable, the more appropriate Future Land
Use designation would be Multi -Family. This designation would be consistent with the
aforementioned goal in the Future Land Use Element. Specifically, except for the
narrow lots bordering the north side of the railroad, and the one commercial lot, all
properties in this neighborhood have been designated for residential use, and all are
zoned RMF. Clearly all property owners and residents in the neighborhood have the
right to have expected one form or another of residential use on these properties. At
that time we stated "We believe a Multi -Family FLU designation is the most
appropriate..."
We still believe Multi -Family is the most appropriate Future Land Use Category
for these properties.
B. Consistency with Other Aspects of the Comprehensive Plan
We agree with the Applicant that the requested changes to the Future Land Use Map,
either in whole or in part, will have no appreciable effects upon the projected population
of the City; adjacent unincorporated areas; traffic levels, or provision of public facilities
or services.
ML 31.Eiu 5
Serving Florida Local Governments Since 1988
Staff Report
Small Scale Comprehensive Plan Amendment
Applicant's Name. Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Petition No. 13-001-SSA
Recommendation
Based on the foregoing materials and analysis, the Staff recommends that the Planning
Board recommend to the City Council to:
Deny the Applicant's request to amend the Future Land Use Map from Single -
Family to Industrial for Lots 1 — 5 of Block 44. Rather, we recommend changing
the Future Land Use Designation to Multi -family.
2. Approve the Applicant's request to amend the Future Land Use Map from Single -
Family to Industrial for Lots 7 — 12 of Block 44 and the FEC r/w property in Block
45.
Submitted by:
Wm. F. Brisson, AICP
May 3, 2013
Planning Board Hearing: May 16, 2013
Council Hearing: June 4, 2013
Attachments: Future Land Use Map, Zoning Map, and aerial photograph
6
Sensing Florida Local Governments Since 1988
Staff Report
Small Scale Comprehensive Plan Amendment
N-W. 8 TH STREET
.4 6
WW TTH COURT
------ F-1
j TZ T-3
COINMEHENSWE PLAN
LAND USE
WtJLn -FAmiu,
WUMERCIAL
1.
INIMSTRIAL
rACIUT(Er.
RES*F
MIXG-0 USE
Applicant's Name.- Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Petition No. 13-001-SSA
FUTURE LAND USE
SUBJECT SITE AND ENVIRONS
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Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Small Scale Comprehensive Plan Amendment Petition No. 13-001-SSA
ZONING
SUBJECT SITE AND ENVIRONS
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Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc.
Small Scale Comprehensive Plan Amendment Petition No. 13-001-SSA
EXISTING LAND USE
SUBJECT SITE AND ENVIRONS
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Exhibit 2
ORDINANCE NO. 1096 June 18, 2013
AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL MULTIPLE FAMILYZONING DISTRICT TO
INDUSTRIAL ZONING DISTRICT; AMENDING THE ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
No. 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the property owners, Robert Gent, Registered Agent for Okeechobee Asphalt
& Ready Mixed Concrete, Inc., has heretofore filed Petition No. 13-001-R, pursuant
to the Land Development Regulations of the City of Okeechobee for the purpose
of rezoning a certain tract of land consisting of 0.803 acres from Residential Multiple
Family to Industrial Zoning District, and that this request be removed from the
boundaries of the above mentioned zoning district to allow for the processing of the
rezoning petition; and
WHEREAS, said petition was reviewed by the City's Planning Consultant who determined,
based on initial findings and review provided by the applicant, that such petition is
not consistent with the Comprehensive Plan and does not consider such to be
appropriate with the zoning uses within the City; and
WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised
meeting held on May 16, 2013, determined that based on additional findings that
such petition is consistent with the Comprehensive Plan and considers such to be
appropriate with the zoning uses within the City; and
WHEREAS, the City Council agreed with the recommendation of the Planning Board and
hereby finds such rezoning petition to be consistent with the City's Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend
aforesaid revised Zoning Map as hereinafter set forth;
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that:
SECTION 1. LEGAL DESCRIPTION.
The following described land consisting of approximately 0.803 acres, as the subject
property, located in the City of Okeechobee, to -wit:
LOTS 1 THROUGH 5 OF BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
SECTION 2. ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to
reflect the subject property to be changed from Residential Multiple Family to
Industrial.
Ordinance No. 1096 - Page 1 of 2
5
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 21" day of May,
2013.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 18" day of June,
2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Ordinance No. 1096 - Page 2 of 2
AGENDA
V. PUBLIC HEARING CONTINUED,
A. 5. b) Board discussion of a motion to recommend the City Council
approve or deny Application No,13-001-SSA continued.
c) Vote on motion.
B. Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready
Mixed Concrete, Inc. is requesting to rezone from Residential Multiple
Family and Residential Single Family-1 to Industrial on Lots 1 through
5 of Block 44, City of Okeechobee, together with a 0.413 acre
unplatted parcel, located in the 700 and 800 blocks of NW 9P Street
(Exhibit 2).
1. Hear from Planning Staff regarding Petition No. 13-001-R.
2. Hear from the property owner or designee/agent.
3. Public comments or questions from those in attendance, or
submitted to the Board Secretary,
4. Disclosure of Ex-Parte communications by the Board
5. a) Consideration of a motion to recommend the City Council
approve or deny petition.
MAY 16, 2013 - PLANNING BOARD - PAGE 4 Of 9
ACTION - DISCUSSION - VOTE
Chairperson Pro Tem Brass asked whether there was any further discussion. There was none.
VOTE
HOOVER -ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -No KELLER-YEA
McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED.
The recommendation for Application No.13-001-SSA will be forwarded to the City Council for consideration at a final'
Public Hearing on June 18, 2013
Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc. is requesting to rezone from
Residential Multiple Family and Residential Single Family -One (RSF-1) to Industrial on Lots 1 through 5 of Block 44, City
of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9' Street.
Planning Consultant Brisson explained to the Board that in association with the previous application the applicant is
requesting to rezone the property as well. As previously explained, the City maps were recently updated and the
unplatted parcel was erroneously marked as RSF-1. It, along with Lots 7 through 12, are already Industrial. Since the
recommendation is to change the FLU, then the rezoning should reflect the same,
The applicant was present and did not have anything further to add.
Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There was
none.
Chairperson Pro-Tem Brass asked whether Board Members had ex-parte communications to disclose for the record.
There was none.
Planning Staffs findings are as follows: This rezoning is being addressed concurrently with a Small Plan Amendment
to the City's FLU Map. Staff has recommended denial of this request and has recommended it be changed to Multi -
Family instead.
MAY 16, 2013 - PLANNING BOARD - PAGE 5 OF 9
11 AGENDA 111 ACTION - DISCUSSION - VOTE 11
V. PUBLIC HEARING CONTINUED.
B. 5. a) Consideration of a motion to recommend the City Council
approve or deny Petition No. 13-001-R continued.
b) Board discussion.
c) Vote on motion to approve or deny Petition No. 13-001-R.
C. Consider Comprehensive Plan Future Land Use Element Text
Amendment to accommodate the inclusion of limited agriculture uses
in all Future Land Use categories, provided the property is zoned
Holding - Senior Planner (Exhibit 3, Attachment A, Page A-1
through Page A-7).
1. Hear from Planning Staff,
Board Member Baughman moved to recommend the City Council approve Petition No. 13-001-R submitted by
Okeechobee Asphalt and Ready Mixed Concrete, Inc. to rezone from Residential Multiple Family to Industrial on Lots
1 through 5 of Block 44, City of Okeechobee; seconded by Board Member Ritter.
Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none.
VOTE
HOOVER -ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -NO KELLER-YEA
McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED.
The recommendation for Petition No. 13-001-R will be forwarded to the City Council for consideration at a final Public
Hearing on June 18, 2013
Consider Comprehensive Plan Future Land Use Element Text Amendment to accommodate the inclusion of limited
agriculture uses in all Future Land Use categories, provided the property is zoned Holding.
Planner Brisson referenced his memorandum dated April 10 regarding proposed changes to accommodate the inclusion
of limited agriculture in all Future Land Use categories provided the lands are zoned Holding. This matter was previously
heard before this Board in February, though was not advertised as a public hearing, which is a state requirement. The
Planning Board has already made a recommendation that the City Council re-create/adopt a Holding Zoning Category.
Owners will be allowed to have Limited Agriculture uses as long as properties are zoned Holding. He further explained
that the definition of Limited Agriculture is a non-commercial business that allows grazing, boarding or raising of
livestock. The main concern is regarding lands zoned as RSF-1.
Board Members Ritter and McCreary were concerned with the property owners who have something other than Holding
Zoning and children who are raising animals for 4H and FFA. Board Member McCreary had grave concerns that the
recommended changes, as presented in the Planner's memorandum, would cause problems with being allowed to keep
4H and FFA animals on their property. He did not want to tamper with what was already allowed as this then could cause
misinterpretations. Discussion ensued as to how the Board should proceed.
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, -who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of -(� i:. i..t ii. r' �.. t i y...c__ . <....":
1
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further s saY�' that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for.publication.ha.-the said newspaper.
i
Tor1i Byrd
Sworn to and subscribed before me this
---- day of �.�.�.-_�,_I_-�.-._._..' �_. --
AD
Notary Public, State of Florida at Large
Ntv n�,
''
E„ti .....
+; i r
ANGIE BRIDGES
MY COMMISSION # EE 177653
€
EXPIRES. April 20, 2016
cF �
Bonded Thru Notary Public Underwriters
(863) 763-3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
PLEASE TAKE NOTICE that the City Council of the City of Okeechobee,
Florida will on Tuesday, June 18 2013 at 6:00 p m., or as soon thereafter
possible, at City Hall, 55 SE 3ra Ave., Okeechobee, FL, conduct a PUBLIC
HEARING to consider final reading for adoption of the following Ordinance
Into law: No. 1096: AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHO-
BEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICU-
LARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE
FAMILY ZONING DISTRICT TO INDUSTRIAL ZONING DISTRICT,
AMENDING THE ZONING MAP ACCORDINGLY• PROVIDING FOIE
pCONFr�LIICTS, SEVERABILITTgY AND AN EFFECTIVE GATE.The ordinance Is by
ReaPetition No. 13-001-R, submitted
dyy Mixeded Concrete, IncGen.,
t Registered Ao M District, onfor bae�phaa &
ly 0.803 acres, from RMF to IND for pptrrhooepe located in the 800 Block of
NW 9th St, Legal: Lots 1-5, Block 44, Ctty of Okeechobee, Plat Book 5 Page
5, Public Records of Okeechobee County, Florida. The proposed use is to
extend the existing plant.
All members of the public are encouraged to attend and partlripate in saki
Hearing. The proposed ordinance may be Inspected in Its entirety by mem-
bers of the pubic at the Office of the City Clerk during normal business
hours, Mon -Fri, 8:00 AM4:30 PM, except for holidays
PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record byy a
certltied court reporter will be made of the foregoing meetlng. Accordirtgty,
any person who may seek to appeal arty derision involving the matters no'
ticed herein will be responsible for makingg a verbatim record of the tesbmo•
ny and evidence at said meeting upon whkh any appeal Is to be based.
In accordance with the Americans with Disabilities Act (ADA) of 1990 per-
sons
needing special accommodation to particlpato in this proceeding
should contact the City Clerk's Office at 863-763-3372 for assistance.
by: James E. Kirk, Mayor
Lane Gamiotea, CIVIC, City Clerk
445222 ON 6/7/2013
MEMORANDUM
TO: Mayor, Council, Administrator FROM: Planning Board Secretary Bumette j
DATE: May 17, 2013 SUBJECT: Planning Board Recommendation on
Rezoning Petition No. 13-001-R
The Planning Board met Thursday, May 16, 2013 and offered the following recommendation:
Planning Staff did not recommend Industrial, but did recommend Residential Multiple Family. After a
lengthy discussion, the following motion passed: Board Member Baughman made a motion to
recommend the City Council approve Petition No. 13-001-R submitted by Okeechobee Asphalt and
Ready Mixed Concrete, Inc. to rezone from Residential Multiple Family to Industrial on Lots 1 to 5,
Block 44, City of Okeechobee, located in the 800 block of NW 9t' Street; seconded by Board Member
Ritter.
The attached is the information that was provided to the Board.
Thank you.
Exhibit 2
City of Okeechobee
Date: Petition No.
General Services Department Wafl
Fee ftd•,Q%�r Jurisdiction: f?
55 S.E. 3td Avenue, Room 101
I a Hearing: _ t (D_ 2 Hearing: ` �?'1 -
Okeechobee, Florida 34974-2903
Publication Dates:
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Notices Mailed:
Rezone, Special Exception and Variance
APPLICANT INFORMATION
1
Nameof property owner(s): Okeechobee Asphalt & Ready Mixed Concrete, Inc.
2
Owner mailing address; 503 NW 9th Street, Okeechobee, FL 34.972
3
Name of applicants) if other than owner Same as owner.
4
Applicant mailing address: Same = .. :..:
4a
e-mailaddress: bgent@lynchpaving.com
5
Name of contact person (state relationship): Bob Gent. (owner)
6
Contact person daytime phone(s): (863) 763-7373
PROPERTY INFORMATION
Property address/directions to property:
7
Lots 1-5, Block 44, City of Okeechobee (NW 9th Street: at NW 8th Ave.)
land 6XIB aC t (bl (AhandoIled PW4 oP Fee, hW "J) ,
Describe current use of property.
Vacant.
8
Describe improvements on property (numberltype buildings, dwelling units , occupied or vacant, etc.
None
9
Source of potable qte : N/A Method of sewage disposal: N/A
10
Approx. acreage: acres Is property in a platted subdivision? No for FCCQP Parr OL, F5
Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe.
No.
11
12
Is a pending sale of the property subject to this application being granted? No. -
Describe uses on adjoining propertyto the North: ludustrial - aspha:..t: FJant.
residential and
13
North:vacant
East:b p t cant.
Commercial parcels. Y f' i
south:vacant industrial -zoned lots West: ,angle -family residence.
xby applicant.
14
Existing zoning: RMF ity L_-�Wuy Future Land Use classification SINGLE-FAMILY
Have there been nY pnor rezoning, special exception, variance, or site plan approvals on the
16
property? (2 j No (_ j Yes. If yes provide date, petition number and nature of approval.
16
Request is for: (2 } Rezone (___) Special Exception (__j Variance
17
Parcel Identification Number: 3-15-37-35-0010-00440-0010, 3-15-37-35-00440-0030, Etn
Li
Fee_Rk E H13ac, ;J o' , r-,I.
." .
(Rev 01/12) Page 1 off I
�-r(&Wv
44
REQUIRED ATTACHMENTS
Applicants statement of Interest in property:
18
Owner wishes to re -zone and utilize as support for existing plant.
Non-refundable application fee: Rezoning: $850 plus $301acre; Special Exception. $500 plus $30/acre;
Variance: $500
19
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges 8
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.
20
Last recorded warranty deed:
21
Notarized letter of consent"from ptbperty owner (if applicant is diffeeerit frorim property owner) N %A
Three property surveys (one no larger than 11f x 17j) containing: See attached survey.
a. certified boundary survey, date of survey, surveyors name, address and phone number
22
b. Legal description of property pertaining to the application
c. Computation of total acreage to nearest tenth of an acre
23
List of surrounding property owners with addresses and location sketch of the subject property. See
the Information Request Form from the Okeechobee Property Appraisers Office (attached)
24
Affidavit attesting to completeness and correctness of the list (attached)
25
Completed specific application and checklist sheet for each request checked In line 15
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
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature
Printed Name
Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 213
a
(Rev 01112) Page 2 of 1 {
131.
arcelID Number. 3-15-37-35-0010-00440-0010
hgnmd by and mhwn to:
SUSHIBURK
Okeo-Tantie Title Compaey.Inc.
IDS NW 6th suitor .......
Okeechobeo. Plaids 34M
FMA NO.31414
Warranty Deed
This Indenture. Executed this June 6, 2011 A.D. Between
FILE MUM 2011005545
OR BK 00701 PG 1614
SHARON ROBERTSONr CLERK OF CIRCUIT COURT
OKEECHOBEE CWHTYe FLORIDA
RECORDED 06/07/2011 03103133 Pit
ALIT 62a500.00
RECORDING FEES $18.30
DEED DOC $437.50
RECORDED BY 11 P 1 amn
Psi 1614 : WW Qossl
DAN BUCHANAN a/Wa DANNY IL BUCHANAN, AN UNMARRIED MAN,
whose address is $01 NW 8TH AVE. OKEECHOBEE, FL 34972, hereinafter called the grantor, to
OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation,
whose post oilice address is: P.O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee:
(Whawva used herein rho tens *SMWs" sad "aranta" ImIuds a0 the Varna to Us ianunxat and the bobs, lead xpmmta4va and assiam of
Individuals, and the suaasors and assitttu of eotpastiont)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, vir
Legal Description as Exhibit "A"
Parcel ID Ntmober. 3-15.37 3S-0010-00440-0010
Subject to covenants, restrictions, easements of record and taxes for the current year.
Together with all the tenements, hereditament and appurtenances O=cto belonging or in anywise appertaining. .
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenant with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convoy said land; that the grantor hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes
accruing subsequent to December 31, 201 D.
In Witness Whereof, the said grantor bas signed and sealed these present the day and year first above written.
Signers; sealed an del ed in our presence: .
(Seal)
Sylvia E. ur *Ad-
*THA1;�=XUVCPH0I
BUCHANANwildest Printed Nam EE, FL 34972
10 41 =)—%A
State of Floridi
County of Okeechobee
The foregoing instrument was acknowledged before its this June 6, 2011. by DAMNXdri#wo
NNY R. BUCHANAN,
AN UNMARRIED MAN.
who Ware personally hewn to me or who has producedtication.
;,p'"r��3Yl.VfA �' KURK
?' MY COt:NiOt9slpN A HE062o2o PrI a amer c Sylvia E. Burk
EXPIRHS fabruery 13, Y015
s, My Comadsaton Expires
0--Ir-7n4 in.... —4 C4 A ^r_k14&'1n4 4 flf%CCA C rl..-- 4 —9 r1
Exhibit "A"
PARCEL I: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA
PARCEL # 3-15-37-35-0010-00440-0010
FAME
PARCEL II: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA
PARCEL43-15-37-35-0010-00410-0030
AND
PARCEL III: THE NORTH 40 FEET OF LOT i 1 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE
COUNTY, FLORIDA. ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA. (ss/ra'11)
PARCEL# 3-15-37-35-0010-00440-0110
File Number: 31414
Legal Description with Non HommtM
Ciosele Choice
Re%n47l14 /Donc4 G24 F 10%MK[4'N14 4 nnAr,A r, D,,-- 7 ^F 7
• Fzl_E NUM 2011004416
OR BK 00700 PG 1330
SHARON ROSERTSONr CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY► FLORIDA
RECORDED 05f03J2011 12114.03 PH
AHT 6Or000.00
RECORDING FEES $10.00
DEED DOC $420.00
RECORDED BY"S Credch. .......
This instrument prepared by and mum to: Ps 13301 UPS)
United Title Agencies I Inc.
1315 N. Dixie Highway.
Lsks Werth.. Florida, 33460
W.C. File # 114-0-218
Tax folio t): 3-15-37-35-0010-0440-0030
Warranty Deed
This Indenture, mado this 271b., day of April, 2011, Between
Curds Parks, a single man, and Alma Grace. a single woman,
grantor+'.
Whose post offrco address is: 3824 N.W. 7dL Street, Okeechobee, Florida 34972
and
Okeechobee Asphalt and Ready Mixed Concrete, Inc., a Florida Corporation, granteeo.
whose post office address is P.O. Box 1994.Okeechobee, Florida 34973
Witnesseth That add grantor, for and in consideration of the sum of $10.00 (Ten dollars) and other good and
valuable considerations to said grantor In hand paid by said grantee, the receipt whereofis hereby acknowledged,
has gtantod, bargained andsold to the said grantee, and grantee's heirs and odgus forever, the following described
land, aituate, lying and being in Okeechobee County, Flodda, to -wit:
Lots 3, 4, 5, Block 44, And the North 40 feet of Lots7, 8.9 and 106 Block 44.Okeechobee, according to the plat
thereof, recorded In Plat Book 2, Page 17, Public Records of St. Lucre County, Florida and Plat Book 3,
Page(s)5 of the Public Records of Okeechobee County, Florida.
TO HAV H AND TO HOLD the same together with all and singular the Tenements, hemditaments. and appurtenauces
there unto belonging or In anywise appertaining. and all the estate, right title, interest, lien, equity and claim
whatsoever of the said Gra&or, either in law or equity, to the only proper use, benefit and behoof ofthe saidGtantea
in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantorbas good right and lawful authorityto sell and convey said land; that the grantor hereby Mywamwtr.
the title to said land and will defend the same against the tawtd claims of all persons whomsoever, andthat said land
is freo of all encumbrances, except taxes accruing subsequent to December 31, 2010.
Subject to restrictions, reservations, casements and limitations ofrocord. if any, provided that this shall not serve to
reimpose same, zoning ordinances, and taxes for the current year and subsequent years.
"Grantor", "person", "he", "she", "it ,"they", and "grantee" or the Me shall include singular, plural, past and Rrturo
tense without distingaishment and aball be considered in its propertense, time dt gender as textmayroquiro or admit.
In Witness Whereof Grantor has hereunto set grantor's band and seal rho day and year first above written.
Signed, sealed and delivered in our r"ence.
ON
s A.� a %-
(sl?nL)
M✓ F
w�� lemma Grace wee (sl?AL)
e A ..'
STATB OF Florida COUNTY OF Okeechobee
The foregoing instrument was acknowledged before me this 27th. day of April, 2011. by
Curtis Parks, a single man. and Alma Grace, a single woman,
who is personally known to me or who has produced a drivers license as identification and who did
take an oath.
of My Commission expires:
No blia
C1nnL7lltl/�nr�40'2!1 4AAA A4a n...... 4 —9 4
FILE NUM 2011007806
OR SK 00704 PG 0635
SHARON ROBERTSOHP CLERK Of CIRCUIT COURT
OKEECHOBEE COUNTYr FLORIDA
RECORDED 08/l0/2011 11342319 AN
ANT 60r000.00
RECORDING FEES $10.00
Ilds instrument prepared by and return to. DEED DOC $420.00
Nicole A. Davis RECORDED BY N P 1 ooa
United Title Agedeies I inti
1315 North Dixie Highway,
Lake Worth, Florida, 33460
File # 114-0-246
Tax folio #: 2-16-37-35AA00-00003-M
Warranty Deed
This Indenture, made this 1", day of August, 2011. Between
Betty lean Hayes, A Single Woman,
gr'aotor'.
Whose post office address is: 1801 North West 3rd. Land, Unit #108, Okee:bobo% Florida 34972
and
Okeechobee Asphalt and Ready Mix Concrete, Im. a Florida Corporation, gradeoa.
whose poet office address is 503 North West M. Street, Okeechobee, Florida 34973
witnessetk That gala grantor, for lion of the sun of S10.00 (Tea dollars) and otht« good and
valuable consddentiorus to said gran aid by said grantee, the receipt wlrenoaf is hereby acknowledged,
has Wanted, bargained aad sold to Ore and gramco'a hods and assigns Forever, the following descnbod
land, situate, lying and being in Okceeha Florida, to-wie
Beginoing at theNorthwestcomer ofBl Okemhobe%wtwdingto dwphMthereof recorded inPlat
Book 2, Page 17, Public Records of St LWand rut West 150 feet to the Fast firm ofTeacalooss
Street; thence South along theFastlineoOfeet tothe NorOtline otSeaboardAir L'meRailroad
rightofway;thenceEastalongtheNorih50foettotbeSouthwestcomeroflot4ofsaidBlock
45; thence North along the West line ofsPoint ofBogianing; being a part of" former but
now abandoned, Florida Fast Coast Rs7way right of way East 60 feet tbamt,, avid land situate lying and
being in Okeechobee County, Florids.
TO HAVE AND TO HOLD the soma together with aU and singular the Tonements, hereditaments, and appurtenances
them unto belonging or in anywise appertaiaiu& and all the estate; right title, interest, lien, equity and claim
whatsoever oftheaid Grantor, either In law or equity, to the only proper use, benefit and bohoofofthe said Grantee
in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that tbagrantorhas good right andlawfal authority to sell and convey said land; that the grantorhoreby " warrants
the title to aid land and will dofencl dA same againstthe lswfidclafmsof all personawbomsoeva , and that 3aid land
is fee of all encumbrances, except taxes accruing subsequent to December 31. 2010.
Subject to restrictions, reservations, easements and limitations ofreeord, If any. provided that this shall not serve to
reimpose same, zoning ordinances, and taxes for the current year and subsequent years.
-Grantor", "person", "he", "she", "it","they". and "Wantee" or the like shall include singular. plural, last and future
tense without distiaguishmentand shell be considered in itsproper tense, time gender as text may require of Admit
In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written
3igaed, sealed and dalivere�Preatnca
Wits O„(�EiOu►d...t_ Bottylean ayes
l �/t/� / (SEAI)
Witness:CAu.-%S.t-1.N,,ro=
STATE OF Florida
COUDTI'Y OF Okeechobee
'ILefxWinginsbuwvawasacknowledgedbeforemothis 1•.dayofAugust, 2011.byBettyJesnHnyea,ASingie
Woman, who is personalty known to me or who has produced a driven licence as identification and
who did talon an oath.
My Commission expires:
NotaryP o
NYflIF.tA0D01MB1.
WIF fta910NIg0 ZM4
e trawargrADMtMdswaea
Book704/Page635 CFN#2011007806 Page 1 of 1
31S/MAPPING DEPARTMENT
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14 11 16 1 17 1 1{ 70 11 n u u n
OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE
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n118 MAP NAe UM CO1APLID FROM THE MWITAUU"TIC. WOR149M -
6"AND THE OKEEOHOSi WWM PROPOTYAPPRA"" OFACrt DOES NOT
kNUW RESPONSISI RY FOR ERRORS OR"DYNIUCNE OONU24ED HEREON
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W.C.'BILLi SHERMAN. PROPERTY APPRAISER
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,f Legend
" SUBJECT PROPERTY
�] WITHIN 100'
AN!!LA J0W"0W^ SW
PIN DSP
OWNER NAME
ADDRESS 1
ADDRESS 2
ADDRESS 3
CITY NAME
ST
ZIPCODE
2-16-37-35-0A00.00001.0000
IVAN D DOVERSPIKE TRUST
9501 CONNER
DETROIT
MI
48213
2-16-37-35-WO-00002-0000
SNELL BRUCE & PAMELA
3078 NW 34TH AVE
OKEECHOBEE
FL
34972
2-1637-35-0A00-00003-0000
OKEECHOBEE ASPHALT & READY MIX
503 NW 9TH STREET
OKEECHOBEE
FL
34972
2-16-37-3
SALRY RR
ASSESSED BY DOR
C/O CSX CORP
500 WATER STREET
J910
JACKSONVILLE
FL
332020000
2-16-37-35.OA00-00011-0000
OKEECHOBEE COUNTY
304 NW 2ND ST
OKEEHCOBEE
FL
1349TZWOO
3-15-37-3 10-00380-0070
TANGLEWOOD LTD
C/O A & M PROPERTIES INC
PO BOX 5252
LAKELAND
FL
1338076252
3-15-37-35-0010-00390-0010
ABNEY SELINA H
8272 SW 78TH LN
GAINESVILLE
FL
32608
3-15-37-35-0010.00390-0170
ABNEY SE INA H
8272 SW 78TH LN
GAINESVILLE
FL
32608
3-15-37-354010-00400-0070
TIITF/DOT
SUBMAINTENANCE YARD
% DNR DOUGLAS BLDG
3900
COMMONWEALTH
BLVD
TALLAHASSEE
FL
323996575
3-1537-35-0010-00410-0010
LANE SAM
1702 NE 3RD ST
OKEECHOBEE
FL
349720000
3-15-37-35-0010-00410-0030
OKEECHOBEE ASPHALT & READY MIX
PO BOX 1994
OKEECHOBEE
FL
349731994
3-15.3735-0010-00410-0070
FIRST MISSIONARY BAPTISTCHURCH
OF DEANS COURT, INC
P 0 BOX 2400
OKEECHOBEE
FL
349732400
3-15-37-35-0010-00410-0110
OKEECHOBEE ASPHALT & READY MLX
PO BOX 1994
OKEECHOBEE
FL
349731994
3-15.37-35-0010-00440-0010
OKEECHOBEE ASPHALT & READY MIX
PO BOX 1994
OKEECHOBEE
FL
349731994
3-15-37-35-0010-00440-0030
OKEECHOBEE ASPHALT & READY MIX
PO BOX 1994
OKEECHOBEE
FL
349731994
3-1537-3"0104)0440-0070
OKEECHOBEE ASPHALT & READY MIX
PO BOX 19"
OKEECHOBEE
FL
349731994
3-15.3735-0010-00440-0110
OKEECHOBEE ASPHALT & READY MIX
PO BOX 1994
OKEECHOBEE
FL
349731994
3-1537-35-0010-00450-0010
OKEECHOBEE ASPHALT & READY MIX .
503 NW 9TH STREET
OKEECHOBEE
FL
34972
315-37-35.0010-00460.0220
SEABOARD COAST LINE RAILROAD
%WALPOLE FEED & SUPPLY CO
2595 NW 8TH STREET
OKEECHOBEE
FL
34974
3-153735-0010-00470-0010
WALPOLE KEITH A
28W SW 16TH ST
OKEECHOBEE
FL
34972
3-15-3735-0010-00470-0100
WALPOLE FEED AND SUPPLY CO
2595 NW 8TH STREET
OKEECHOBEE
FLI
34972
3-1537-35-0010-00610-0110
UNITED FEED CO-OP, INC
P 0 BOX 485
OKEECHOBEE
FL 1349730485
3-15-373 10.00620-0010
SWEAT JAMES JR
PO BOX 1908
OKEECHOBEE
FL 1349731908
3-1537-35-0010-00620-0110
SWEAT JAMES JR
PO BOX 1908
OKEECHOBEE
FL
349731908
3-15-37-35-0010-00630-0010
SWEAT JAMES JR
PO BOX 1908
OKEECHOBEE
FL
349731908
3-15-37-35-0010-00630-0110
SWEAT JAMES JR
PO BOX 1908
OKEECHOBEE
FL
349731908
3-15-37-35-0010-00650-0010 IEVERGLADES
FARM EQUIPMENT IPQ
BOX 910
IBELLE
GLADE
FL
334300910
3-1537-35-0010-00650-0110 JWHEELER
BROTHERS INC JPQ
BOX 1396
IWINTER
HAVEN
FL
338820000
ADDITIONAL. INFORMATION RE UIRED FOR A REZONING
A ......Current
zoning classification; . RMF. � RSCA..._......__ Requested zoning a lassifieation.. IN D..................................... ................ .
Describe the desired permitted use and intended nature of activities and development of the property?
s
Material storage associated with existing asphalt plant.
1s a Special Exception necessary for your intended use? (-?5j No (--J Yes If yes, briefly describe:
C
Is a Variance necessary for your intended use? (-2�j No (. _J Yes ifyes. briefly describe:
D
Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or
proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation tactors for the most similar use as
E
contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TiA must identify the
number of net new external trips, pass -bay calculations. intgrilal capture calculations, a.m. and pan. peak hour trips and level
orservice on all adjacent roadM links with and without the project. Not applicable.
p.
Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described
below. Attach additional sheets as necessary.
FINDINGS REQUIRED FOR GRANTING A REZONING
OR CHANGE IN LAND DEVELOPMENT
REGULATIONS (Sec. 70-340, LDR page CD70:16)
It is the Applicants responsibility to convince the Planning Board/LPA and City Council that approval of
the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and
presentation sufficient explanation and documentation to convince the reviewing bodies to find that:
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
This application is concurrent with an application requesting change
of Future Land Use from SINGLE-FAMILY to INDUSTRIAL. The proposed use
is consistent with the surrounding area.
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations.
The proposed use is a normal and permitted customary use in Industrial
zoning per the City Land Development Regulations.
3. The proposed use will not have an adverse effect on the public interest.
The proposed use is consistent with the surrounding area, and will
not have an adverse impact on the public interest.
4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is
not contrary or detrimental to urbanizing land use patterns.
The proposed use is appropriate for the location proposed, is
reasonably compatible with adjacent uses, and is not contrary to
urbanizing land use patterns.
5. The proposed use will not adversely affect prolicrty values or living conditions, or be a deterrent to Idle improvement
or development of adjacent property.
The proposed use is not expected to adversely affect property values
or living conditions.
(Rev 01/)2) Page 6 of I 1
Findings required for rezoning or change In land development regulations (coot.)
6. The Of600sed use ci i be suitAbly buil'eiid froin surrounding uses, so iXs to reduce Elie impact of any auisance wr
hazard to the neighborhood
If required, the proposed use can be suitably buffered from
surrounding uses.
The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and
utility services
The proposed use will not create a density pattern that could be
expected to overburden any public facilities.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety,
The proposed use will not create traffic congestion, flooding or
drainage problems, or otherwise affect public safety.
9. The proposed use has of been inordinat ly burdened by un Coess rest ich
Tie proposed use has no been inorcinat�ly our tined by unnecessary
restrictions.
The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in
light of the above criteria and offer a recommendation for approval or denial.
(Rev 01112) Page 9 of 1 i
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R MONUMENT,
N60'15'44"W 0.40'
t
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672.56_--.
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LOCATION MAP
NO SCALE
DESCRIPTION
AD of Lots 3. 11 and 12, Block 41, All of Lots 1 through 5 and the North 40 feet
of Lots 7 ttwough 12. Block 44, Okeechobee. OCI r g to the plot thereof, os
recorded kt Plot Book 5. Page 5, of the Public RaeoIds, of Okeechobee County,
Florida.
TOGETHER WITH THE FOLLOWING PARCEL, (/T I C3 ."r�`f' 1--'•'
Beglrl at the Northwest comer, of Block 45, of sold plat; thence South 89'50',37`
West, o distance Of 150,00 feet, to the East right of way the of TuseWooso Street
(NW eth Avenue), a 70 toot wideaFight of way, thence South 00'09'23" East along
the East right of way line, of sold Tuscaloosa Street, a distance of 200.D0 feet, to
the North right of way line of Seaboard Air Line Railroad,, thence North 89'50'37`
East, along said North right of way line, a distance of 150.00 feet to the Southwest
comer of Lot 4 of sold Stock 45; thence North 00'09'23" West, along the West line
of sold Block 45, o distance of 200.00 feet, to Point of Beginning, being o part of
the former, but now nbondonsd, Florida East Coast Railway, LESS and EXCEPTING the
East 60 feet thereof, said land situate lying and being in Okeechobee County, Florida.
Said lands contain 1.973 Acres, more or less
LEGEND
(P
PLAT DATA
CCNC
CONCRETE
(C
CALCULATED FROM FIELD MEASURCJ,"TS
CAN
CABLE TELEVISION
(0)
DEED
SO.
SQUARE
P.O.C.
POINT OF COMMENCEMENT
FT.
FEET
P.00.B_
P.O.T.
PENT OF BESGLR4N0
POINT OF TANGENCY
1NF0,
709
ITFORMATON
TOP OF BANK
L.D.
LICENSED BUSINESS
OHu
OVERHEAD UTUTEs
PRM
PERMANENT REFERENCE MONUMENT
Sy
SANITARY VALVE
IR/c
5/8" IRON ROD & CAP STAMPED iB7673
IN
GAS VALVE
C.M.
CONCRETE MONUMENT
WV
*ATM VALVE
IR
Q.R.&
IRON ROD
RECORDS BOOK
PLAT
IR
N
IRRICATRM
VALVE
PPC D
PUT BOOK
yY
FIRE HYDRANT
PAGE
VIELL
A
ANGLE
WATER METER
RRAMM
ARC d1R
LENGTH
WATER DACKFLOW PREVENTOR
Co
CHORD
DRAINAGE MANHOLE
GO
CHORD
SAWTARY MANHOLE
LICE
UO AT&T
VNIDERCROOND ELECTRIC
UNDERGROUND AT&T
NA&M HOLE
FIBER CPTTq ,UNCIIDN BOX
it
RIGHT RIGHT OF WAY
ElEC7RICAL .UNCTION DOx
GONGS 11ONING
TV AINCIIOI Box
CBS
M/
T%J' k STRUCTURE
WATER MAIN
WOOD POWER POE
P.U.
PUBIJC UTUTY EASEMENT
CONCRETE POWER Paz
D.E
U.E
DRANACE EASEMENT
UTILITY EASEMENT
SIGN
CLEAN OJT
(
� �
N
NIXtTTiDW (oR NaRiN)
Ater T)
N
NUMBER
RAINNA )C.7
CE $TRIURE (f"AT)31R8 ET)
DRAINAGE
W-k
NORM ANICRICAN VERTICAL DAITAR
CHAIN LINK FENCE
EL
C.L
F.E.C.
EliVAIKM
CHAIN UHI
ADRIDA EAST COAST
X--
H00 MRE FENCE
AREA CALCUL477ONS
LOT 3, BLOCK 41 0.161E ACRES
LOTS 11-12, BLOCK 41 0.321E ACRES
LOTS 1-5, BLOCK 44 0.803* ACRES<
NORTH 40 LOTS 7-12, BLOCK 44 0.275E ACRES
FORMERLY' F.E.C. RAILWAY (ABANDONDED) 0.4(3t ACRES
i' OTAL 1.973t ACRES
NOTES
t) NOT VALID WITHOUT THE SIGNATURE ARID THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2) ADOITIOH$ OF, DELETIONS TO SURVEY MAPS OR REPORTS, BY OTHER THAN THE SIGNING SURVEYOR ISPRO OTED. WITHOUT CONSENT
QF THE SIGNING SURVEYOR.
3) DESCRIPTION -446M1 HEREON WRITTEN BY OEOMATICS SERVICES, NC,
4) THE LAST. DATE OF FIELD WORK WAS JANUARYD 1Z 201Z
THIS OFFICE RM AIGHT-OF-WAM SEMpy1%raECORD. SV(H INFORW71DN�5= DE OBTAINED AND C0*1RNED RY OTHERS IHROIGH APPROPRIATE RiljOR
VERIFICATION.
e) BEARING$ SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF NW 91h STREET HAVING A BEARING OF N.I9'S0'37- E. (ASSUMED)
T) UNDERGROEIkD UTIUFTM V1UTY SERVICES fOUW 71CHS AND MPROVEMI ITS WERE NOT LOCATED AS A PART OF THIS SURVEY,
D)) TOTAL PARCEL CONTAINS 4.50E ACRE$, MC$E OR IiSS.
9) TD MANE THE NAP tAI NSI4 THE SYMBOLS SHO"q HEREON AND AS DESCREIED N THE LEGEND ARE
NOT ALWAYS TO SC" BUT
NGLCAIE THE gI1RYEIET LLJCATa..
11) NORTHINCAASTING CODRDNAIES SHOWN BASED ON HAD 93 STATE PLANE DATUM (FLORIDA EAST 204EI
'a 4 Gas
MICHAEL T. OWEN PROFESSIONAL SURVEYOR AND MAPPER SIGNATU DATE:
FLORIDA REGISTRATION M56
JOB / 7f-121.2
SHEET NO.,
OF J
vl 1 1 VI vf\1_L=VI-IVDCC
OFFICE OF THE CITY CLERK
RECORDS RESEARCH AND/OR REQUEST FORM
Today's Date: 4([� t-f%/ Date Required: 5�
Contact Name: Phone: ✓J
Email: Fax Number(s):
U IRF RACK nF FnPAA IF MnPF .4PAn% 1 Q A/gj=nPn1 6,Aq7eq
Objective of Research/Records being requested: at"
ir)a 0 y N t:v
a o o S
�ll`C i21ehL. �eS
Results of Research: Records Room Location:
RESEARCH TIME & COPY FEES PER RES NO. 09-05:
Research Start Time: Stop Time: Total Hrs: (x) $ /hour
$
-Research time over 15 minutes considered extensive & must be charged for
No. of pages (single sided): x 150 each
$
No. of pages (double sided): x 200 each
$
Other:
$
[]If request is for building plans/permits, include notation for them to follow up with County Planning & Development, as records prior to 1996
are housed there. Exception: we have some commercial plans only, review inventory first.
Response reviewed by Clerk priorto release: ❑Yes []No Clerk's Notes:
Research Completed by: Date: Receipt No. Total Cost $
Request to Check Out Record(s):
•Records cannot be checked out PAST close of business day & require approval of Clerk. If not an employee, a copy of drivers license must be attached.
Out/Signature: Date:
Returned/Signature: Date:
Update Records Management/Laser Fiche Files:
Was record(s) in LF: []Yes. If []No, initials/date now scanned:
❑Prior to refiling the records, add the original request and response to LF file only
❑Add note to outside of the record, date & initials "Records Request Scanned"
Verified Records Content & Refiled by: Date:
Staff Report
Rezoning Request
Prepared for The City of Okeechobee
Applicant: Okeechobee Asphalt & Ready Mixed
Concrete, Inc
Petition No.: 13-001-R
Planning
Management. Services, Inc.
B75 Jackson Street, Suite 206
IfflIlEftworl hfyers, Flud
239-334-3366
Serving Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-001-R
'General
Information
-
_
Bob Gent Okeeckiobe sphalt &Reddy
Owners Applicant
1
Mixed Concre
503 NW 91" Street
A
Applicant Address
Okeechobee, FL 34972
811 NW O strut
Applicant Phone Number
863-763-7373
Applicant Ema$l
bg gcfipvir�g.
ant__._._. - .._. ,._ion?.__....__.-......_ _ . _.. _....._.
Contact Person
Amy Eason, AECOM
Contact Phone, Number
1 772-286-3883
Future Land Use Map Cisssification
Zoning District
Use of Property
Acreage
Existing
Proposed
gie Familt
Industra_
RMF
IND
Material storage.
Vacant
` associated with
existing asphalt
�_
' plant..._. ..................
.._ .. ,_......_._.. _......._ ....... _...
0.803
- .... _
0.803
Legal Description of Subject Property
LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
LOTS 3, 4, AND 5, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 2, PAGE17, PUBLIC RECORDS OF ST
LUCIE COUNTY, FLORIDA, AND PLAT BOOK 5, PAGE 5, OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Parcel Identification Number: 3-15-37-35-0010-00440-0010, 3-15-37-35-0010-00440-0030,
WL
�k
Serting Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-001-R
In association with his application to amend the Future Land Use Map from Single
Family to Industrial, the Applicant is requesting to rezone Lots 1 — 5 of Lot 44 (0.803
acres) from RMF to IND (Industrial).
Adjacent Future Land Use Map Classifications and2oning Districts:
North: Future"Land Use Map Classification: Single Family and
Commperciel_.__......
Zoning District: RMF and CPO
i Existing Land Use: Vacant
East: {Future Land Use Map Classification:
South:
Zoning District:
Existing Land Use:
Future Land Use Map Classification:
Zoning District:
Existing Land Use:
West: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
Single -Family, but
Applicant has submitted
a SSA to change this
:.property to Industrial
IND
Vacant
Single -Family, but
Applicant has submitted
a SSA to change this
property to Industrial
IND
Vacant
West of Lot 5 is Single -
Family; beyond that is
Multi -Family
West of Lot 5 is RMF
West of Lot 5 is a
Single-family home then
a Church
2
Cam
Serving Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 93-001-R
Analysis
Section 70-340 of the Land Development Regulations requires that the reviewing body find that
an application for rezoning meets each of the following conditions. The Applicant has provided
comment to each of the required findings. These are repeated below.
However, in this instance ...
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
"This application is concurrent with an application requesting change of Future Land Use
from SINGLE-FAMILY to INDUSTRIAL. The proposed use is consistent with the
surrounding area."
Staff Comment: This rezoning application is being addressed concurrently with the
Applicant's request for a Small Plan Amendment to the City's Future Land Use Map (FLUM)
to change the Future Land Use Designation from Single -Family to Industrial. Staff has
recommended denial of the request to change the Future Land Use designation to
Industrial, and has recommended it be changed to Multi -Family instead.
If the Applicant's request for an Industrial designation on the FLUM is approved, the only
zoning district that is consistent with the Industrial Future Land Use category is IND,
Industrial, and the Applicant's requested rezoning would have to be approved.
On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial
would be inconsistent with the City's Comprehensive Plan and could not be approved. In
that case, a rezoning to Multi -Family would be most appropriate.
In any case, while the balance of the findings of Sec. 70-340 (items 2 through 9) would be
applicable in most rezonings, they are not in this case and the Staff has provided no
comments on the Applicant's responses to those findings.
2. The proposed use being applied for is specifically authorized under the zoning district in the
Land Development Regulations.
"The proposed use is a normal and permitted customary use in Industrial zoning per the City
Land Development Regulations."
3. The proposed use will not have an adverse effect on the public interest.
"The proposed use is consistent with the surrounding area, and will not have an adverse
impact on the public interest."
3
Serving rlorida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-001-R
4. The proposed use is appropriate for the location proposed, is reasonably compatible with
adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns.
"The proposed use is appropriate for the location proposed, is reasonably compatible with
adjacent uses, and is not contrary to urbanizing land use patterns."
5. The proposed use will not adversely affect property values or living conditions, or be a
deterrent to the improvement or development of adjacent property.
"The proposed use is not expected to adversely affect property values or living conditions."
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact
of any nuisance or hazard to the neighborhood
"If required, the proposed use can be suitable buffered from surrounding uses."
7. The proposed use will not create a density pattern that would overburden public facilities
such as schools, streets, and utility services.
"The proposed use will not create a density pattern that could be expected to overburden any
public facilities."
8. The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
"The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety."
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
"The proposed use has not been inordinately burdened by unnecessary restrictions."
4
Sensing Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-001-R
Recommendation, i
If the City approves the requested amendment to change the Future Land Use Category of Lots
1 — 5 of Block 44 to Industrial, Staff recommends approval of the rezoning to Industrial.
On the other hand, if the City denies the FLUM change to Industrial, a rezoning to Industrial
would be inconsistent with the City's Comprehensive Plan and could not be approved. In that
case, Staff recommends rezoning the property to Multi -Family.
Submitted by:
Wm. F. Brisson, AICP
May 6, 2013
Planning Board Hearing: May 16, 2013
Council Hearing: June 4, 2013 and June 18, 2013
Attachments: Future Land Use Map
Zoning Map
Aerial photograph
5
Sowing Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-001-R
FUTURE LAND USE
SUBJECT SITE AND ENVIRONS
1111- 111 L
1 ii If 1 al a Y 2 41 t la : , , • a a ;
'; I IT ■ 1
1 16 0 ir)' ;• :: 2. 24 21. 2t% I/ a 1. 110 -'
. ,
f 5
I
I
.Ka N.W. 10 TH STREET
- 7 • 11 ---1-1D D
Z Z Z
al
6 G 4 3 2 i sti,
2
•11. - 1 . ..,. ____. _ _, ...
ii .... 4 ■
OS I 1 CO
...- . 56 OS AS 14,19 ,aC 21 4 aa 24 25 26 , 7 111,1to n .
2. 1—.„ 1
Z' Z Z
I I .
IIIIIIIIIII
I E I I
I .
IA 13 9 1 ii 0 6 • 3 2 i 1 .1 5 5 4 5 1
•NM
_. 1/1,1119PPrinr Se • * 7 I r 7 ji lc= =1 —1 ' ...,,,
MCI "iW F4 R ' ' RO. •
i
__ ..____________ . _________.. —Subject
NW. 8TH STREET Property .._
. to 5,--
l - -
71 3 . 1 2 :, ; 2
1_____,
,
, pi 12
us ! 12 ' 2 :
.... r ■
1 13 a = i ,
i
i 3
1 =
111 a 12, 44 OS 112 7 112 4 39 i 5 „ (4,-,, : 4
.I. 64 65_-__i,
kW. 7 TH 0OURT x .-; IS. -a, 16 rf$4
I— : X
u• 1; I
1 1 , II
,,
*a *1 a ,„1,_ 3
•
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s • •
12 1
I
7
. i
1 41 I; ilj 1 e l II „, . • ,X : 49 9 1
1111 O. r3 et VS 1€ EZ 11 2..,
o) 26 to
...
COMPREHENSIVE PLAN
LAND USE _-
SttIGLE-PAItTLY
alli IN1.11j1.FAMILY ,
• KX2/.11471117.3,4_ .
INIITiAd.
. _
I .
' . = PUBLIC.FACILfTle3 z
itESnakITIALKOX:F..-.0 WIE '
6
spin*.iikvrictx 7.,.....1-1■,,,,r;.ro,-pv-sin,,, ios,s
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-O01-R
ZONING
SUBJECT SITE AND ENVIRONS
I }r * .• 1
__ 1.
bti a.
11
I 1.--kiL i 1
EN 1
...."."-r—r 40
1
12 — Filigliiii I s
•III 5
SI
Subject ,
1
¶7 , _ >
11-C 1
ZONING sr—
® s 31-.XI SrWYxltf rte:to Cr
aCii_ .: 1 ._
a,a-WIT A
Rai-Sal,xi'V -a.7..
Fi%!a?
72m >t3+11.3e^,w3ttlACE4.3V!_
,......^ Mi-r...S10031.11.41:iiR _19gx1r,
rta=s-m=_aus;144 awa:ESS,VIP_n 4
...,- FFzxtidx T-v_xt t;:wPaVefx 4itket..I'Va"
Staff Report Applicant's Name: Okeechobee Asphalt &
Ready Mixed Concrete, Inc
Rezoning Request Petition No. 13-001-R
SUBJECT SITE AND ENVIRONS
x
„ , ' . al vit
4
s i
NW 10TH STREET x
4
•
,i VAa}Vi 4 ., 4 , , .
} •T,
:.
s�
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{ w FI•3. t
'a - li W) CEP x
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ro �.. ,'T * 01.4011 Pk
...
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Sukject Pr-peg -
CSK,Iii -RIYI FII7YiD .,- ti p„t K� a
r
e ub t.
/ ...
wit Ar ' ti �Bcs}:a.s I-
_ , _ ; , Jr
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Sonia.MasW Iowa.Goreraireems Since 6 Mis
Exhibit 3
June 18, 2013
ORDINANCE NO. 1097
AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING
CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC
WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW
ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION
71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION
OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM
JULY 1, 2013 TO JUNE 30, 2014; PROVIDING FOR CONFLICT,
PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 985 adopted by the City Council on June 5, 2007, providing
for impact fees, codified in Chapter 71 of the City of Okeechobee Code of
Ordinances; and
WHEREAS, the City Council has enacted a moratorium on the collection of impact fees as
outlined in Code Book Sections 71-13, 71-23, and 71-33, by Ordinance No. 1071,
adopted May 17, 2011, from July 1, 2011 to June 30, 2012, and Ordinance No.
1086, adopted July 17, 2013, extending the moratorium from July 1, 2012 to June
30, 2013; and
WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed
the proposed amendment, at a duly advertised meeting held on May 16, 2013 and
hereby recommends the extension of the moratorium suspending the collection of
impact fees for an additional year, July 1, 2013 to June 30, 2014; and
WHEREAS, the City Council agrees with the Planning Board's recommendation and finds
enacting such moratorium to be in the best interest of the inhabitants of said City
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. Amendment and Adoption.
Sections 71-13 Public Works Impact Fee Schedule, 71-23 Law Enforcement
Facilities Impact Fee Schedule, and 71-33 Fire Impact Fee Schedule, of Chapter
71 of the Code of Ordinances of the City of Okeechobee, are hereby amended and
adopted to read as follows:
The Impact Fee Collection Schedules imposed pursuant to Sections 71-13, 71-23,
and 71-33 herein were suspended from July 1, 2011 through June 30, 3012; from
July 1, 2012 through June 30, 2013; and shall continue for the period beginning July
1, 2013 and ending June 30, 2013.
SECTION 2. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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.
Ordinance No. 1097 - Page 1 of 2
AGENDA
VI. NEW BUSINESS CONTINUED.
A. 1. a) Consider a recommendation to extend the Impact Fee
Moratorium for another year, July 1, 2013 to June 30, 2014
(Exhibit 4).
b) Board discussion.
c) Vote on motion.
2. Consider any other proposed LDR's amendments
VII. ADJOURNMENT - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that d 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
proceedings, such interested person will reed a record of the prongs, 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
MAY 16, 2013 - PLANNING BOARD - PAGE 9 OF 9
ACTION - DISCUSSION - VOTE
The City Council along with the Board of County Commissioners and School Board adopted the collection of Impact
Fees. The City's fees are outlined in Code Book Section 71-13 for Public Works, 71-23 for Law Enforcement, and 71-33
for Fire Facilities. Due to recent economic issues, the City Council has suspended the collection of City Impact Fees from
July 1, 2011, on an annual basis, The School Board suspended the collection of their impact Fees as well since October,
11, 2011. As the Local Planning Agency, the Planning Board has been requested to review the matter and offer a!,
recommendation to the City Council, either to adopt or not adopt the extension of the moratorium to collect City Impact',
Fees for an additional year, July 1, 2013 to June 30, 20%
Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none.
Board Member Baughman made a motion to recommend the City Council extend the Impact Fee Moratorium for another
year, July 1, 2013 to June 30, 2014; seconded by Board Member Creasman.
VOTE
HOOVER -ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -YEA KELLER-YEA
McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED,
Chairperson Pro-Tem Brass asked whether there were any requests for amendments to the Land Development
Regulations. There were none offered.
There being no further items on the agenda, Chairperson Pro Tem Brass adjourned the meeting at 8:43 p.m.
Chairperson Pro-Tem Brass filed Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public
Officers.
1NDEPErgDENT
NEWSPAPERS
OKEECHOBEE NEWS
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three tunes a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of . _
in the 1.9th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
i
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
I f,r
r.
Toi11 Byrd
Sworn to and subscribed before me this
' -day of ` ,' � " ' � AD
Notary Public, State of Florida at Large
f _
rr°'• 4; ; ITINGiE QRIDGES
+; = MY COMMISSION # EE 177653
r o EXPIRES: April 20 2016 e
+F OF Fl"�a`�• Bonded Thnf Notary Public Underwriters
(863) 763-3I34
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CM ORDINANCE
PLEASE TAKE NOTICE that the City Council of the City of Oker
Florida will on Tuesday, June 18, 2013 at 6:00 p.m. or as soon It
possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a
HEARING to consider final reading for adoNCE Fption of the following 0
OF OKETII
Into
nnma NamF�nnTNG CRODDE�BOOK CHAPTTHE ER 71 IM ACI
AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PRUVIUMS
FOR AN EICTENSION'OF A MORATORIUM FOR THE COLLECTION OF
EMPACT FEES FROM IULY 1 2013 TO TUNE 30 2014• PROVIDING
FOR CONFLICT, PROVIDING FOR SEVERABIIF*; ANd PROVIDING
FOR AN EFFECTIVE DATE
All membbers ofthepublic are encouraged
gged to attend and participate in
said members of the publk�atsed theoOffice of theaGty Clebe rk during normal busiected in its ness
hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a
certified court reporter will be made of the foregoing meeting. Accordingly,
anyperson who may seek to appeal any decision imrohdng the matters fro_
ticed herein will be responsible for making a verbatim record of the testirho
ny and evidence at said meeting upon which any appeal is to be based.
Please contact City Administration at 863-763-3372, or website
•ti, UW41wechobee.com. to obtain a copy of the agenda.
In accordance with the Americans with DisabilitiesAct(ADA) of 1990 per-
houldns neontact theeCCtty Clerk's Office at 8fi-7accommodation to 633372te in this for assistance.
by: James E. Kirk, Mayor
Lane Gamlotea, CMC, City Clerk
445224 ON 6/7/2013
Superintendent Board Chairperson:
Ken Kenworthy n�,PeeYeobee
David Williams
School Distric County Board Vice Chairperson:
" 863462-5000 700 S. W. Second Avenue Fax 863-462-5151 India Riedel
Board Members:
Okeechobee, Florida 34974 Joe Arnold
Gay Carlton
Malissa Morgan
Rc ego►
June 12, 2013
Ms. Robbie Chartier
County Administrator
Board of County Commissioners
304 NW 2"d Street
Okeechobee, FL 34972
Re: Public Education Impact Fees
Dear Ms. Chartier:
The School Board of Okeechobee County, at its meeting on June 11, 2013,
approved recommending to the Board of County Commissioners of Okeechobee
County the continuation of suspension and waiver of the imposition and collection of
Public Education Impact Fees. This is in accordance with a resolution (copy
enclosed) adopted by the School Board on October 11, 2013.
Please call me if you have any questions.
Sincerely,
1�"'
Ken Kenworthy
Superintendent
/ga
Enclosure
cc: Mr. Brian Whitehall, City Administrator, City of Okeechobee, Florida
School Board Members
Okeechobee County Schools: Achieving Excellencel
RESOLUTION RECOMMENDING THE SUSPENSION END WArvER
OF
THE IMPOSITION AND COLLECTION
OF
THE PUBLIC EDUCATIONAL FACILITIES IMPACT FEE
WHEREAS, the School Board of Okeechobee County, Florida, adopted its Impact Fee Resolution dated
November 21, 2006, in reliance upon an impact fee study prepared by Walter H. Keller, Inc., requesting the
Board of County Commissioners to adopt a public educational facilities impact fee in compliance with the
provisions of Section 235.193, Florida Statutes, and
WHerteAS, current student enrollment for the 2011-12 school year is M students less than was
projected, and future projected student enrollment through school year 2021-22 is expected to continue to
decline,. and
WHEREAS, based upon the present decline in student enrolment and future projections of the continued
decline in student enrollment, the anticipated need for new school constriction due to population growth is
minimal:
Now, THEREFORE, be it hereby resolved by the School Board of Okeechobee'County, Florida, that the
Board of County Commissioners of Okeechobee County, Florida, is hereby requested to suspend and waive
the imposition and collection of the public education impact fee until June 30, 2012, and thereafter to
annually continue the waiver and suspension of such fee pending receipt of a new impact fee study
recommending the re -imposition and collection thereof.
Adopted this 11th day of October, 2011.
ATTEST:
VV,
Ben Benworthy NJ
Superintendent and Secretary to the Board
OEMZCROsa CovHTz §ooL Boann ,
02=01osssycsftOAhWL
Seii owe , Chairman
Exhibit 4
June 18, 2013
CITY OF OKEECHOBEE
($63) 76.,� 337-' FAX (863) 76--1686
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TO:
CITY ADMINISTRATOVS OFFICE
55 SE 3''D AVENUE
CiKEECHOBEEj FLORIDA 34974
NAME.- Steven L. Dobbs
ADDRESS: 1062 Jakes Way
Okeechobee, FL 34974
TELEPHONE:
863-824-7644
FAX:
MEETING:
REGULAR ® SPECIAL C3
WORKSHOP ❑
DATE: 6/18/2013____
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THECITY COUNCIL AGENDA:
CRCO Properties - Remote Parkingl arking on City Right of Way approval
PLEASE STATE WHAT DEPARTMENTiS) YOU HAVE. WORKED W ITH:
City Administrator, Ci fbli Puc Works Director and the City Technical Review
---
Committee______---
PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL:
To approve. remote parking as shown on the attached exhibit.
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH
APPLICABLE DOCUM ENTS:
The current property_ was originally constructed as a furniture store_and_it
proposed to be -converted -to afitness_facility._ Due_ to_th.e_Sncrease _in required__.
parking, it cannot all be met onsite and a remote location will be required.
IF A PRESENTATION I5 TO BE MADE, PLEASE LIMIT THE TIME TO TEN AIM INUTES UNLESS OTH F.RWISE
APPROVED BY THE MAYOR.
.f
SIGNED BY: -- __ ��TT _L- - DATE:..._ ii
Staff Report
Site Plan Review
Prepared for. -
Applicant:
Petition No.:
"I 1planca'rng
r'
11,375 Jackson Street, Suite 2066, 6
Fort Myers, Ooridi
239.334-3366
Serving Florida Local Governments Since 1988
The City of Okeechobee
CRCO Properties, LLC
(Fitness Ctr., Nutrition Store)
13-002- TRC (Revised to include remote parking lot)
i& Management Services, Inc.
`*
Staff Report
Site Plan Review
Applicant: CRCO Properties, LLC
Petition No.: 13-002-TRC
General Information
Owner:
- ; CRCO Propkrties, LLC
364 NW 116"' Street
Owner Address:
Okeechobee, FL 34972
Applicant:
CRCO Properties, LLC
364 NW115th Street
Applicant Address:
Okeechobee, FL 34972
Site Address:
; 704 North. Parrott Avenue
Okeechobee, FL 34972
Contact Person:
Steven L. Dobbs, P.E., Engineer
Appllcant/Contact Phone Number: 8637824-7644
LOTS 18, 19, AND 20, BLOCK 57, OKEECHOBEE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
The Applicant is converting an existing 8,000 square foot retail furniture store to a 5,000
square foot fitness center, 1,500 square foot retail nutrition store and 1,500 square feet
of warehouse space. All functions will take place inside the building with 3 — 5
employees and the hours of operation will be from 6:00 AM until 8:00 PM.
The Applicant is proposing to provide parking at a remote lot behind the Big Lake Eye
Care building, as provided for under Sec. 90-511(a)(2).
Following is the Staff analysis of the project's consistency with the various City
requirements and regulations. Instances where the Staff believes the submission to be
deficient are highlighted.
Future Land Use
Map Classification
Zoning District
Use of Property
Land Area
Existing
Commercial
CHV
Former furniture store
20,909 sq ft (0.48 acres)
Proposed
Commercial
CHV
Fitness center & nutrition
store with warehouse space
20,909 sq ft (0.48 acres)
� 1
Serving Florida Local Governments Since 1988
Staff Report
Site Plan Review
Applicant: CRCO Properties, LLC
Petition No.: 13-002-TRC
North: Future Land Use Nlap Claassification:ornmercial
- i Zoning District:
- - - ::-- Exiistin-_9 -~- Land Use:
--.._...._.__- ..... _..._._...___.._ ._
_ _
--wick Change oil . & lube service
- -- ._ ._
East Future Land Use Map Classification:
Commercial
Zoning District:
CHV
Existing Land Use:
Mini -storage & towing service
South ---, Future Land Use Map_Classification
Commercial
Zoning District:_ _
-:-
; CHV
_-.. _.
Existing Land Use:
- - - -- - - .
Offices
West: Future Land Use Map Classification:
Commercial
Zoning District:
CHV
Existing Land Use:
Building & open storage
of Public
Potable Water and Sanitary Sewer: Since the demand for potable water and sewer
service associated with a 5,000 square foot fitness center and other uses proposed for
the existing building will significantly exceed that which would normally be associated
with a furniture store, the Applicant should obtain a letter from the Okeechobee Utility
Authority (OUA) stating that it has adequate capacity to serve the proposed use.
Solid Waste Disposal: On a number of occasions the County has confirmed a consi-
derable level of excess capacity available to serve the solid waste disposal needs of
other developments in the City. It appears reasonable that the volume of solid waste
associated with a development of this size can also be accommodated within the
capacity of the County's Solid Waste Facility.
Traffic: According to the 7th Edition, ITE Tripp Generation Manual, the proposed mix of
uses is likely to generate about 28 vehicle trips during the weekday PM peak hour.
While this is considerably more than the most recent use as a furniture store (which only
generated slightly less than four trips), it is not significant with respect to the available
capacity of the adjacent roadways.
Serving Florida Local Governments Since 1988
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
Drainage: In the event of any increase in the amount of impervious surface on the site
will require that the Applicant meet all standards required by the City of Okeechobee and
the South Florida Water Management District.
Regulation
Required
Provided
Minimum Parcel
6,250 square feet; 50'
20,909 square feet; 147' width
Size
width
Minimum Front
20 feet for buildings,
Yard Setback
10 feet forparking
50+ feet for building.
Minimum Side
Yard Setback
8 feet
23 feet on the east and west sides
Minimum Rear
10 feet
Existing rear setback is nonconforming at
Yard Setback
about nine feet.
Maximum Lot
50%
38.6%
Coverage
Maximum Lot
Coverage and
Other Impervious
85%
80.8% (est.)
Surfaces
one space per 150 sf of
fitness center
(5000/150) = 33.3;
one space per 1,000 sf of
Off- street Parking
warehouse
There are now ten (10) parking spaces
(1500/1000) = 1.5;
located in front of the building. More
discussion is provided on the following page.
one space per 300 sf of
retail (1,5001300) = 5;
total required = 40
spaces
Serving Florida Local Governments Since 1988
Staff Report
Site Plan Review
Applicant: CRCO Properties, LLC
Petition No.: 13-002-TRC
DISCUSSION REGARDING USE OF REMOTE PARKING BEHIND BIG LAKE EYE CARE
The Applicant has suggested using the unimproved area behind Big Lake Eye Care, a property
also owned by the Applicant to augment the ten spaces presently located on the subject site.
Staff has visited the site and nearby properties and explored the viability of using this property
as a remote parking lot to serve the proposed use under the provisions of §90-511(a)(2).
This visit indicated that the only likely pedestrian route to be utilized by patrons of the proposed
use(s) to go to and from the proposed off -site parking area would be crossing NE 7`h Street into
and through the parking lot behind the property located at 610 N. Parrott Avenue.
The Applicant has submitted a preliminary drawing of the proposed remote parking lot. This
drawing indicates to us that the walking distance between the front door of the subject property
and the nearest parking space in the remote lot will be about 370 feet. At a common pace of 3
to 3.5 mph, it would take one about somewhat under 1 '/ minutes to go from the closest parking
space to the door of the fitness center. If one is at the most remote parking space, the walking
distance would be about 600 feet and would take between 2 and 2.3 minutes. Having traversed
this route a couple of times during my site visit, I did not find it inconvenient. I did not walk the
longer route to the most remote space at that time.
Even though the distance between the remote parking lot and the fitness center may be
acceptable, parking will most likely occur along the right-of-way on the south side of NE 7"'
Street before patrons will use the remote lot, unless no parking signs are erected and rigorously
enforced.
Since the property between the remote parking lot and NE 7`h Street is not owned by the
Applicant, it would be necessary to obtain a written agreement with the owner of 610 N. Parrott
Avenue to allow pedestrian access across this private property to access the remote parking
area behind Big Lake Eye Care. Without such an agreement, safe and convenient access to
the remote lot could not be guaranteed and therefore the remote lot could not be considered to
adequately serve the proposed use, as required under §90-511(a)(2).
The Applicant has submitted an agreement with Ms. Anita Nunez, owner of the property at 610
North Parrot Avenue. If the agreement is deemed by the City Attorney to be legally acceptable,
this would satisfy this concern.
One required for 5,000 to None provided. If the remote parking lot is
Off-street Loading 25,000 square feet of approved, we would recommend that the
commercial floor space. required loading zone be located in the on -
site parking lot.
If the remote lot is approved, all location and
Parking Space dimensional requirements will need to be
Dimensions and met. For example, to avoid conflicts the first
Locations parking space should be located 20 feet
from the east property line.
Minimum Driveway 24-feet for 90 degree This will have to be addressed when the site
Width parking plan for the remote lot is reviewed.
ML
4
Serving Florida Local Governmems Since 1988
Staff Report
Site Plan Review
Applicant: CRCO Properties, LLC
Petition No.: 13-002-TRC
Regulation
Required
Provided
Landscaping
Requirements for
Assuming that no additional parking is
parking and
provided on site, and no other physical
vehicular use areas
changes are made to the subject site, the
(Sec 90-533)
property can be considered grandfathered
with respect to any need for landscaping and
buffering.
However, the Applicant will ultimately need
Required landscape
buffer areas
Sec. 90eas
to submit a landscape plan for the remote
parking lot that meets all of the applicable
Landscape design
and plan.
landscape requirements_
Sec. 90-538
Requirements
Sidewalks: There are no sidewalks anywhere along the north side of NE 7th Street. There is
a sidewalk along the south side of the street between Parrott Avenue and NE P Avenue.
Lighting Plan: if the remote lot is approved, the Applicant will need to submit a photometric
lighting plan showing an average of one-half horizontal foot candle, per Sec. 78-71.
Dumpster Location: We could find no dumpster location indicated on the site plan.
I:! ItL'�7
Oak:
Serving Florida Local Governments Since 3988
5
Staff Report
Site Plan Review
Applicant: CRCO Properties, LLC
Petition No.: 13-002-TRC
,'Recommendation:
Based on the foregoing information and analysis, we believe that a remote parking lot in the
location proposed by the Applicant could be considered to adequately serve the proposed
uses provided the following conditions are met:
The City Commission approves the Applicant's request for the use of off -site parking
facilities.
2. A legally acceptable agreement, which provides for access through the property at 610
North Parrott Avenue and/or along the public alleyway between NE 7tn Street and the
proposed remote parking lot, is executed between or among the appropriate parties.
3. The Applicant submits to the City a written agreement ensuring the continued availability
of the off -site parking facility for parking use as required under Sec. 90-511(a)(2).
4. The applicant submits a site plan for the remote parking lot which, together with the on -
site parking spaces, provides for at least 40 off-street parking spaces as required by the
LDC. The site plan must also meet all other applicable requirements of the LDC as relates
to access, size and location of parking spaces, buffering, landscaping and lighting,
including the submission of the required landscape and photometric lighting plans.
5. Suitable locations for a dumpster and loading zone are provided on the subject property
(704 North Parrott Avenue).
6. Should the City determine that parking signs are needed along the north side of NE 7th
Street, between Parrott Avenue and NE 2"d Avenue, the Applicant will be responsible for
the cost of the signs and their placement in the right-of-way.
Submitted by. -
Wm. F. Brisson, AICP
Planning Consultant
April 26, 2013
TRC Hearing date: May 16, 2013
Attachments: Future Land 'Use Map
Zoning Map
Aerial showing subject property, remote parking lot, and pedestrian route
U
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
FUTURE LAND USE MAP
N
Subject
•
56
Property
COMPREHENSIVE PLAN
LAND USE
171_ SINGLE FArnitILY
at MULTI-FAMILY
COMMERCIAL
INDUSTRIAL
PUELIC FACILITIES
Hi]RESIDIalTIAL MIM )USE
.1: 3
7
Serving Florida Local Governments Since 1988
... -
Staff Report Applicant: CRCO Properties, LLC
,
Site Plan Review Petition No.: 13-002-TRC
ZONING MAP
H .
_ 1 f 51111Mplim_
N
"sr
......
■
• _
Subject wr
Property 1
1 1
i
"II ,
I ■
i up 1
1 1 1
! -7145
,
1
i
11111 . ,
., .
o
1111 .,
,
ZONING
as ZES :0Vt0...S.J.f..1.1Er."- .^...r•Lt-Wr.^.0tiv,,r).o. _
1;.0-toWn.'
:,/,If--,-ryzige
M.:3-f=11e_k:M:l -re
.11C-r.
(...f. pv-ap•SESO4V+Tv_t crli.TFAX1.2e
MVP-nsicet TKI.WOE_E rr..)k".!
•!:..F-.•1 ErT.351,:7 k.e`,14C,LF Fkt'IL.'
. ,.: i
8
Serving ing Florida LOC21 Governments Since 1988
Staff Report Applicant: CRCO Properties, LLC
Site Plan Review Petition No.: 13-002-TRC
AERIAL VIEW OF SUBJECT PROPERTY
AND PROPOSED REMOTE LOT AND PEDESTRIAN ROUTE
a► .._ _ 0 -
i t' rM ,ti1 7# .i i& . - __ Ni. . .sj. stir
t♦..•i Wes' 4 ,_,_ ,.� ,,
8
,e t t J
Subject gr 1
,'
�,.Prspet M 'i.
,,.-; , rn *1,N °3
AMrV'1� . S '"� 41;M' � 4.1�l71uff'` `,... ,; ',<•
. t � t i. Lake - I i :,,'--;:-.7.. .�1 Cn m s{.: { +.e
, �
U a ' �'t l" .^ � � r �i c i 1".. 7 ^∎. '. . ', •
u
a {.,1 ./JM `Y' . tea C ,IL\
- _ ... t . —
Pedestrian Route
IN Nearest Parking Space
1 Farthest Parking Space
liCl'a---'
_
9
Serving Florida ore Governments Since 1988
I
MINUTES OF THE
TECHNICAL REVIEW COMMITTEE
THURSDAY, MAY 169 2013,10:00 A.M.
CITY OF OKEECHOBEE
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
Page 1 of 3
CALL TO ORDER — Chairperson.
The meeting was called to order at 10:00 a.m. by Chairperson Whitehall.
II. STAFF ATTENDANCE — Secretary.
City Administrator Brian Whitehall - Present
Building Official Jeffrey Newell - Present
Police Chief Denny Davis - Present
Fire Chief Herb Smith - Present
Public Works Director David Allen - Present
City Engineer -Position is vacant at this time
Non -Voting Ex-Officio Members:
City Attorney John R. Cook - Present (arrived at 10:07 a.m.)
City Planning Consultant Bill Brisson - Present
OUA Executive Director John Hayford - Present
County Environmental Health Department Representative - Present
School District Representative - Absent
Board Secretary Patty Burnette - Present
III. MINUTES — Secretary.
A. Police Chief Davis moved to dispense with the reading and approve the February 21, 2013 Technical
Review Committee regular meeting minutes; seconded by Fire Chief Smith. Motion carried
unanimously.
IV. NEW BUSINESS — Chairperson.
A. CRCO Properties, LLC. 13-002-TRC. Application was submitted by Steven Dobbs, P.E., on behalf of
the property owner, CRCO Properties, LLC, in regards to converting an existing 8,000 sq. ft. retail
furniture store to a 5,000 sq. ft. fitness center, a 1,500 sq. ft. retail nutrition store and a 1,500 sq. ft. of
warehouse space located at 704 North Parrott Avenue, Okeechobee, FL. and to include remote parking
lot — Senior Planner.
City Planning Consultant Brisson explained to the Board that the applicant is proposing to convert an
existing commercial building as stated above. The legal description is Lots 18 to 20 of Block 57, City of
Okeechobee. Plans were originally reviewed and found the project did not provide the adequate
required parking, and included parking along the right-of-way on Northeast 7th Street. The City's Land
Development Regulations do not allow private, off-street parking to be located in the public right-of-way.
TRC - May 16, 2013 - Page 2 of 3
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC. 13-002-TRC continued.
In an effort to address the 10 additional parking spaces required, but cannot be constructed on the subject
property, the applicant is requesting to utilize a remote parking lot on additional property they own, located
one block south (behind Big Lake Eye Care). Discussion then turned to pedestrian safety, and concerns that
customers would park illegally along the right-of-way, regardless of the remote parking area. Then the fact
that customers would be crossing another owner's property, located at 610 North Parrott Avenue was a
concern. Should the remote parking be approved,. Planner Brisson suggested "No Parking" signs be erected
along 7th Street and rigorously enforced and the two property owners enter into a written agreement, giving
consent for the customers to traverse across each other's property. The agreement would need to be
reviewed for legal sufficiency by Attorney Cook prior to execution. A proposed agreement was then
distributed, should it be deemed legally acceptable by Attorney Cook, this would adequately address the
safety concerns.
For the record, and to clarify, Administrator Whitehall, confirmed with the Board that parking on the right-of-
way was not up for discussion as this was not the prerogative of the TRC to propose to the City Council.
However, should the City Council decide to address it as a means to approve a parking reduction, they
could. All Board members were in agreement.
Engineer Steven Dobbs, addressed the Board by first stating that he did not have an updated site plan to
provide at this time, as he was trying to satisfy all the parking requirements before having the applicant
expend additional costs on the project, once approval is obtained for the remote parking, revised proposed
construction plans would be submitted.
Following a lengthy discussion, the consensus of the TRC was to recommend the applicant seek approval
from the City Council for the off-street parking arrangement (remote parking), then return for the Board to
address the construction conditions and details. A full site plan would be required showing 40 parking
spaces, based on the City Council's decision, as well as addressing a solid waste dumpster location and
loading zone on the subject property.
Comments from the Departments:
County Environmental Health Department: Mr. McCoy commented the current septic system was
constructed and designed for two bathrooms. Should the applicant propose installing showers or using a
Jacuzzi, the system would most likely need to be upgraded. The applicant responded he was proposing to
abandon the current septic system and install a lift station.
QUA: Mr. Hayford's comments reflected there is a fire hydrant on the site, and a force main is located one-
half a block to the south within the alleyway. He confirmed the property is utilizing septic, not sewer. Finally,
should the applicant propose each of the three types of businesses have individual addresses, the meter will
need to be changed to one for each business address.
Building Official: Mr. Newell's main concern was with a change of ownership and whether the remote
parking lot would be tied to the subject property, and how it could continue legally, should the applicant
decide to sell either property.
Public Works: Mr. Allen was concerned with parking as well and providing a safe route for pedestrians
crossing Northeast 7th Street.
Police Department: Chief Davis noted his concerns with potential illegal parking on the right-of-way and that
his department would be enforcing the no parking along 71h Street. He further gave an example of another
fitness center with a parking agreement and the patrons continue to park illegally on the right-of-way.
TRC - May 16, 2013 - Page 3 of 3
IV. NEW BUSINESS CONTINUED.
A. CRCO Properties, LLC.13-002-TRC continued.
Fire Department: No issues were received.
Fire Chief Smith moved to recommend to the City Council to approve the concept of the remote
parking lot with the condition that the construction details and compliance issues be addressed by
the Technical Review Board regarding Application No. 13-002-TRC; seconded by Public Works
Director Allen. Motion carried unanimously.
V. ADJOURNMENT— Chairperson.
There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee
meeting at 11:02 a.m.
PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical
Review Committee 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 Service's media
are for the sole purpose of backup for official records of the Department.
Brian Whitehall, Chairperson
ATTEST:
Patty M. Burnette, Secretary
---------------------------------------------
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MAY 16, 2013 - PLANNING BOARD - PAGE 5 OF 9
ACTION -DISCUSSION --VOTE. .
V. PUBLIC HEARING CONTINUED.
C. . Consider Comprehensive Plan Future Land Use Element Text Consider Comprehensive Plan Future Land Use Element Text Amendment to accommodate the inclusion of limited
Amendmentto accommodate the inclusion of limited agriculture uses agriculture uses in all Future Land Use categories, provided the property is zoned Holding.
in all Future Land Use categories, provided the property is zoned
Holding - Senior Planner (Exhibit 3, Attachment A, Page A 1
through Page A-7).
1. Hear from Planning Staff.
Planner Brissson referenced his memorandum dated April 10 regarding proposed changes to accommodate the inclusion
of limited agriculture in all Future Land Upecategorles provided the lands arezoned Holding. This matterwas previously
heard before this Board in February, though was not advertised as a public hearing, which is a state requirement The
Planning Board has already made a recommendation that the City Council re-createladopta Holding Zoning Category.
Owners wilt be allowed to have Limited Agriculture uses as long as properties are zoned Holding. He further explained
that the definition of Limited Agriculture is a non-commercial business that allows grazing, boarding or raising of
livestock. The main concern is regarding lands zoned as RSF -1.
Board Members Ritter and McCreary were concerned with the property owners who have something other than Holding
Zoning and children who are raising animals for 4H and FFA. Board Member McCreary had grave concerns that the
recommended changes, as presented in the Planner's memorandum, would cause problems with being allowed to keep
4H and FFA animals on their property. He did notwantto tamperwith whatwas already allowed as this then could cause
misinterpretations. discussion ensued as to how the Board should proceed.
MAY 16, 2013 - PLANNING BOARD - PAGE 6 of 9
V. PUBLIC HEARING CONTINUED.
C. 2. Public comments or questions from those in attendance, or Chairperson Pro-Tem Brass asked whether there were any comments orquestions from those in attendance. There was
submitted to the Board Secretary. none.
N
3. Disclosure of Ex Pade communications by the Board. Chairperson ProTern Brass asked whether Board Members had ex parte communications to disclose for the record.
There was none,
4, a} Consideration of a motion to recommend the City Council Board Member Baughman made a motion to create the category Holding. This motion died for a lack of a second.
approve or deny Text Amendment.
Board MemberMcCreary made a motion regarding the Comprehensive Plan Future Land Use EtementTextAmendment
to accommodate the inclusion of limiteu agriculture uses in all Future Land Use categories, provided the property Is
zoned Holding, to withhold any decisions tonight and to plan a session with the City Council and the public In Public',
Hearing format to further appropriately resolve the matter, seconded by Board Member Ritter.
b) Board discussion. Chairperson Pro-Tem Brass asked whetherthere was any furtherdiscussion. Board MemberBaughman was concerned
that nothing would come from having this session with the City Council and the public, as the public did not show up the
last time and it was advertised as a Public Hearing. Board Member Ritter pointed out that the majority of the Board was
not present at the City Council meeting when this topic was up fordiscusslon and he really wanted to sit down and be
eye to eye with the Council, as they had struggled with this issue as well.
c) Vote on motion VOTE
HOOVER -ABSENT BURROUGHS ABSENT BAUGHMAN-YEA BRASS -YEA KELLER-YEA
McCoy - ASSENT RriTER - YEA CREASMAN - YEA MCCREARY • YEA MOTION CARRIED,
The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be
determined,
Exhibit 6
June 18, 2013
FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT,
LANDSCAPE CONSTRUCTION, AND MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of , by and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida,
hereinafter called the "DEPARTMENT" and the City of Okeechobee, a political subdivision of the State of Florida,
existing under the Laws of Florida, hereinafter called the "AGENCY."
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 15/SR 700, (US 98/ US
44 1) as part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas
within the right of way of State Road 15/SR 700, (US 98/ US 441); and
WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed
by AGENCY and has, through the Florida Highway Beautification Council, awarded AGENCY a beautification
grant for installing such landscaping; and
WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT
designating and setting forth the responsibilities of each party; and
WHEREAS, AGENCY, by Resolution No. 12-08, dated September 251h, 2012, and attached hereto as
Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties
covenant and agree as follows:
N 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as
specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be pursuant to Rule 14-
40.003, Florida Administrative Code, as it may be amended from time to time. The AGENCY shall not
nn change or deviate from said plan(s) without written approval of the DEPARTMENT.
2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way
within the right of way pursuant to the Landscape Maintenance Plan(s) included as Exhibit "C", and Rule
14-40.003, Florida Administrative Code, as it may be amended from time to time. The above named
functions to be performed by the AGENCY shall be subject to periodic inspections by the DEPARTMENT.
The AGENCY shall not change or deviate from said plan(s) without written approval of the
DEPARTMENT.
3. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the
Work Zone Traffic Control Plan(s) included as Exhibit "D", and Rule 14-40.003, Florida Administrative
Code.
4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility
above -mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not
properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his
designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to
the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of
thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected
within this time period, the DEPARTMENT may at its option, proceed as follows:
a. If installation is not completed pursuant to the plans in paragraph 1, the DEPARTMENT may
complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the
reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT.
If installation has been properly completed or if the DEPARTMENT elects not to complete the
landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs
2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with
DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or
C. The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its
own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of
the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its
original condition. The AGENCY will own such materials as it removes and the
DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion,
remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the
cost of any removal.
Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT,
AGENCY shall cease installation and maintenance activities under this AGREEMENT.
5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be
removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be
necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to
meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60)
calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the
same.
6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or
3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall
take all steps necessary to ensure that its employees or third parties perform as required under this
AGREEMENT.
7. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph 8 of this
AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of $100.000.00 of such
installation may only include costs which are allowed by Section 339.2405(11), Florida Statutes.
8. Payment shall be made to the AGENCY by the DEPARTMENT under the following conditions.
a. This AGREEMENT has not been terminated pursuant paragraph 4.
b. The grant award has not lapsed pursuant to paragraph 11.
C. Written certification of the completion of the installation and acceptance by the AGENCY is
provided to the DEPARTMENT.
d. The Highway Beautification Council has inspected and issued written approval of the work or has
issued a written waiver of its inspection rights pursuant to this AGREEMENT.
e. A DEPARTMENT Landscape Architect has inspected the work and has issued a written
determination that the AGENCY has completed the installation of the landscaping pursuant to the
terms of this AGREEMENT.
9. Payment under paragraph 8 of this AGREEMENT is also subject to the following conditions.
a. Proof of receipt and approval of goods and services must be available upon request by the
DEPARTMENT or the State Comptroller pursuant to Section 215.42, Florida Statutes.
b. Bills for fees or other compensation for services or expenses that are recovered pursuant to this
AGREEMENT shall contain detail sufficient for a proper preaudit or postaudit thereof.
Records of costs incurred under the terms of this AGREEMENT shall be maintained by the
AGENCY and made available upon request to the DEPARTMENT at all times during the period
of this AGREEMENT and for three years after final payment is made. Copies of these documents
shall be provided to the DEPARTMENT upon request. Records of the costs incurred include the
AGENCY'S general accounting records, together with supporting documents and records of the
City of Okeechobee, FL and all subcontractors performing work, and all other records considered
necessary by the DEPARTMENT for a proper audit of costs.
10. The administration of funds awarded by the DEPARTMENT to the AGENCY may be subject to audits
and/or monitoring by the DEPARTMENT as described in this section.
a. In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures
may include, but not be limited to, on -site visits by DEPARTMENT staff, limited scope audits as
defined by OMB A-133, and/or other procedures. By entering into this AGREEMENT, the
AGENCY agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited
scope or project -specific audit of the AGENCY is appropriate, the AGENCY agrees to comply
with any additional instructions provided by the DEPARTMENT to the AGENCY regarding such
audit. The AGENCY further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General.
In the event that the AGENCY expends a total amount of State awards (i.e., State financial
assistance provided to the AGENCY to carry out a State project) equal to or in excess of
$300,000 in the AGENCY's fiscal year, the AGENCY must have the State single or project -
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable
rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 and
10.650, rules of the Auditor General. Paragraph 7 to this AGREEMENT indicates State funds
awarded through the DEPARTMENT by this AGREEMENT. In determining the State awards
expended in its fiscal year, the AGENCY shall consider all sources of State awards, including
State funds received from the DEPARTMENT, except that State awards received by a non -State
entity for Federal program matching requirements shall be excluded from consideration.
C. In connection with the audit requirements addressed in paragraph 10.c. above, the AGENCY shall
ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This
includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida
Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General.
d. If the AGENCY expends less than $300,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that
the AGENCY expends less than $300,000 in State awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from the
AGENCY's funds obtained from other than State entities).
e. Copies of the financial reporting packages required by paragraph 10 of this AGREEMENT shall
be submitted by or on behalf of the AGENCY directly to each of the following:
FDOT District Highway Beautification Council Grant Coordinator
Michael Schulte, RLA
801 North Broadway Avenue
Post Office Box 1249
Bartow, FL 33831
michae1.schulte@dot.state.fl.us
State of Florida Auditor General
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Any reports, management letters, or other information required to be submitted to the
DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with
OMB Circular A-133, Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of
the Auditor General, as applicable. When submitting financial reporting package to the
DEPARTMENT for audits, AGENCY should indicate the date that the financial reporting
package is delivered to the DEPARTMENT in correspondence accompanying the financial
reporting package.
11. The beautification grant awarded pursuant to this AGREEMENT shall be effective and continue for a
period of one (1) year from the date of this AGREEMENT.
12. The term of this AGREEMENT commences upon execution.
13. The AGENCY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission or negligent act by the AGENCY, its agents, or employees, during the performance of the
AGREEMENT, except that neither the AGENCY, its agents, nor its employees will be liable pursuant to
this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission,
or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance
of the AGREEMENT.
14. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the
AGENCY in the performance of services pursuant to this AGREEMENT, the DEPARTMENT will
immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report
their findings to each other within seven working days and will jointly discuss options in defending the
claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation
of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in
such claim pursuant to this section. The DEPARTMENT's failure to notify the AGENCY of a claim shall
not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the
AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if
only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if
the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in
the same percentage as that judicially established.
15. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there
are no other AGREEMENTs and understanding, oral or written, with reference to the subject matter hereof
that are not merged herein and superseded hereby.
16. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the
consent of the DEPARTMENT.
17. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of
Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of
Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
By:
City of Okeechobee. FL
(AGENCY)
Mayor
Attest: (SEAL)
Clerk/Director
Legal Approval
Catalog of State Financial Assistance (CSFA) Number - 55003
CSFA Title - Florida Highway Beautification Council
Object Code — 750003
Category - 088850
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
Attest: (SEAL)
Executive Secretary
Legal Approval
District Landscape Architect
EXHIBIT "A"
RESOLUTION BY LOCAL GOVERNYWENTAL ENTITYACCEPTING GRANT.
AND AUTHORIZING ITS OFFICERS TO EXECUTE THIS AGREEiVIENT ON ITS BEHALF
EXHIBIT "C"
LANDSCAPE YLIAINTENANCE PLAN APPROVED BY DISTRICT LANDSCAPE ARCHITECT
RESOLUTION NO. 12-08
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT
A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY
BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION,
AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips within the Florida Department of
Transportation rights -of -way must be maintained and attractively landscaped; and
WHEREAS, the City Council of the City of Okeechobee beautifies and improves various
rights -of -way by landscaping within the City of Okeechobee; and
WHEREAS, the City Council of the City of Okeechobee wishes to authorize Okeechobee
Main Street to apply for a Highway Beautification Council Grant from the Florida
Department of Transportation, and if awarded, to accept the grant, and enter into a
Highway Beautification Grant, Landscape Construction, and acknowledge the
Maintenance Memorandum of Agreement between the City of Okeechobee and the
Florida Department of Transportation.
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.
The City Council of the City of Okeechobee hereby authorizes Okeechobee Main
Street to apply for a Highway Beautification Council Grant from the Florida
Department of Transportation, and if awarded, to accept the grant, and enter into a
Highway Beautification Grant, Landscape Construction, and acknowledge the
Maintenance Memorandum of Agreement between the City of Okeechobee and the
Florida Department of Transportation.
SECTION 2.
The City Clerk of the City of Okeechobee is hereby directed to send copies of this
Resolution to the Department of Transportation and all other persons as directed by
the City Council for the City of Okeechobee.
SECTION 3. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODt10EC? AND ADOPTED in regular sessio "r 2 m day of September, 2012.
garl
$TJames E. Kirk, Mayor
Gamiotea, G City Clerk
REVIEWED FOR L L 1S FFICIENCY:
John R. Cook, City Attorney
Resolution No. 12-08 Page 1 of 1
VII. NEW BUSINESS CONTINUED.
Consider change to Council Meeting date for October 2012 through
January 2013 - City Clerk (Exhibit 2).
ITEM ADDED TO THE AGENDA: C, Motion to adopt proposed Resolution
No.12-08 supporting Okeechobee Main Street's application for a Florida
Department of Transportation Highway Beautification Grant - City
Administrator (Exhibit 2a).
Vill. OPEN FINAL BUDGET PUBLIC HEARING - Mayor.
A. Mayor announces that the purpose of this public hearing is to
consider the final reading of ordinances for the proposed millage
rate levy and proposed budget for Fiscal Year 2012-2013.
SEPTEMBER 25, 2012 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 3 OF 6
Council Member Watford moved to approve the Council Meeting date changes as presented (cancel the October 2,
2012, November 20, 2012, December 18, 2012 and January 1, 2013 Regular Meetings, and postpone the November
6 Regular Meeting to November 13; seconded by Council Member Williams. Clerk Gamlotea was instructed to
schedule the Investiture Ceremony to coordinate with Judge Hendry's schedule.
VOTE
KIRK -YEA MAXWELL-YEA O'CoNNGR-YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED,
Council Member Watford moved to adopt proposed Resolution No. 12-08 authorizing Okeechobee Main Street
(OKMS) to apply for and accept a Florida Department of Transportation Highway Beautification Grans; seconded by
Council Member O'Connor.
Council MemberWaiford read proposed Resolution No.12-08 by title only as follows: "A RESOLUTION OFTHECITY
OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A
HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT,
LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE."
Mr. John Creasman, Vice President of OKMS, thanked the Mayor and Council for adding the resolution to the agenda
at the last minute. They just learned today that the grant application has to be mailed by Thursday. There will be
additional items to settle with the City should the grant be awarded, such as a maintenance agreement. Mr. Creasman
confirmed the grant will come to OKMS, not the City, and there is no obligation on the City's behalf,
KIRK - YEA
WATFORD-YEA
MAXWELL-YEA O'GONNOR-YEA
WILLIAMS - YEA MOTION CARRIED.
MAYOR KIRK OPENED THE BUDGET FINAL PUBLIC HEARING AT 6:18 P.M.
Mayor Kirk announced that the purpose of this public hearing is to consider the final reading of ordinances for the
proposed miilage rate levy and proposed budget for Fiscal Year 2012-2013.
Exhibit 7
Robin Brock
June 18, 2013
From: Sue Christopher <schristopher@cityofokeechobee.com>
Sent: Wednesday, June 12, 2013 2:44 PM
To: 'Robin Brock'
Subject: City Council Agenda Item
Case #12-128
Marguerite Donofrio
400 SE 101h Avenue
Lot: 1 Blk:4
Parcel #3 22-37-35-0230-00040-0010
At the June 11, 2013 meeting of the Code Enforcement Board Case #12-128 Marguerite Donofrio of 400 SE 101h Avenue
was found in violation of Ch 30 Sec 30-43 Public nuisance due to a dilapidated & derelict house. The Code Board is
recommending City Council take action to abate the nuisance. The consensus among the Code Board was the house
needs to be demolished.
Bid Tabulation Sheet
Street Sweeping Bid Opening
Bid No. PW-03-00-05-13
Bid Opening: May 28, 2013 at 2:00 p.m.
Company Name
Clean Sweep & Vac, Inc.
2201 SE Indian Street
Stuart, FL 34997
772-349-9311
Exhibit 8
June 18, 2013
Unit price Bid Amount
(1086.8 curb miles
Plus City Hall Pkg lot)
$23.00 $24,996.40 Annually
(incl Parking lot)
All Seasons Landscape Contractors, Inc. $55.00
PO Box 358
Ft. McCoy, FL 32134
352-236-4294
USA Services
PO Box 520580
Longwood, FL 32752
407-339-1800
Ameri Sweeps
2740 SW Martin Downs Blvd.
Palm City, FL 34990
772-221-8040
Posted on May 28, 2013 at 3:15 p.m.
To be Removed on June 4, 2013 at 3:15 p.m.
$58.90
$60,974.00 Annually
(incl $1200/yr Pkg lot)
$64,252.52 Annually
(incl $240/yr Pkg lot)
$23.93 $26,007.12 Annually
(incl Parking lot)
note: multiplication error on
bid reflected $25,576.38
CITY OF OKEECHBEE David Allen, Public Works Director
To: Brian Whitehall, City Administrator
From: David Allen, DPWks
Date: For June 18, 2013 City Council meeting
Re: Street sweeping contract bid results and recommendation
The results of the request for proposals for our annual street sweeping contract are listed below. I am
recommending that the City award the contract to the lowest bidder, Clean Sweep & Vac, from Stuart in
the amount of $24,996.40 annually. There were no bids submitted by local contractors for the street
sweeping contract.
The City received bids from four vendors including the vendor that is currently being utilized by the city.
The current contract has been in place for seven years and it was felt that it was in the best interest of
the City to re -bid the contract. An additional benefit in re -bidding the contract is that by utilizing GIS
tools that were not previously available, we were able to recalculate the actual curb miles being swept
which may have resulted in a reduction of $15,500 in the annual contract.
References for Clean Sweep have been verified, all three of the references have spoken well for the
company and Stuart has signed a second contract with them.
Let me know if you want me to proceed or if you have any questions.
PW 03-00-05-13 Street sweeping Bid Tabulation
Company Unit Price
Bid Amount (Incl City Hall
(Curb Mile)
Parking Lot)
Clean Sweep & Vac, Inc.
2201 SE Indian Street
$23.00
$24,996.40 Annually
Stuart, FL 34997
772-349-9311
Ameri Sweeps
$26,007.12 Annually
2740 SW Martin Downs Blvd
$23'93
note: multiplication
Palm City, FL 34990
error on bid reflected
772-221-8040
$25,576.38
All Seasons Landscape Contractors, Inc
PO Box 358
$55.00
$60,974.00 Annually
Ft. McCoy, FL 32134
352-236-4294
USA Services
PO Box 520580
$58.90
$64,252.52 Annually
Longwood, FL 32752
407-339-1800
Devin Maxwell
From: Craig R. Ahal <craiga@amerisweeps.com>
Sent: Tuesday, June 18, 2013 3:23 PM
To: 'Brian Whitehall'
Cc: jkirk@cityofokeechobee.com; dwatford@cityofokeechobee.com;
dmaxwell@cityofokeechobee.com; moconnor@cityofokeechobee.com;
cwilliams@cityofokeechobee.com
Subject: Sweeping contract
Attachments: City of Okeechobee - Proposal Letter - May 2013.doc
Good Afternoon Brian,
Unfortunately I cannot attend tonight's city council meeting as I am out of town on a college tour with
my son.
I have reviewed your staffs recommendation for the street sweeping contract. I wanted to thank you
for the opportunity to participate in the process and also to be of service to the city for the last 7 years.
I did want to point out a few things that I would like you to consider before tonight's vote.
Amerisweeps has been a service provider for the City of Okeechobee for the last seven years.
year original agreement with 2 contract extensions.
Amerisweeps has had one service issue communicated to them within the last 12 months which
was in December of 2012 and less than 7 within the entire 7 year period. All of which were
immediately responded to and resolved.
Amerisweeps bid is $84.23 per month more than the low bidder, making our proposal very
competitive.
Amerisweeps original bid included an enhanced service proposal that is attached to this
email. The enhancements are for additional sweeping for the 6 special events held within the
city. We have been doing this for this for several years, but it was not requested in the bid.
Based on the items listed above, I believe Amerisweeps is the better choice for The City of
Okeechobee. If you should decide to move forward without Amerisweeps as your partner, I
understand and thank you again for the opportunity to be of service to you.
Craig R. Ahal
President
http://www.amerisweeps.com
Office 1-888-221-8040 Cell - 772-285-7617
Street and Parking lot Sweeping
May 28, 2013
RE: Street Sweeping
David David Allen, LEEDO AP O+M
Public Works Director
City of Okeechobee
55 SE Third Avenue
Okeechobee, Florida 34974
Dear Mr. Allen:
Thank you for the opportunity to submit a proposal to provide street sweeping for
The City of Okeechobee. I have attached all of the required bid documents and an
enhanced proposal to include special event sweeping. Included in our pricing for this
bid, Amerisweeps will provide additional special event sweeping service. This
enhancement will be for the defined weekly sweeping area the week prior and the
week after the following events to ensure a clean roadway and area for these
events.
• Martin Luther King Parade - January
• Top of the Lake Art Festival - February
• Speckled Perch Festival and Parade - March
• Labor Day Festival and Parade - September
• Homecoming Parade - October
• Christmas Festival and Parade - December
If you have any questions regarding the aforementioned, please contact me at 772-
221-8040. 1 look forward to hearing from you and continuing to be your long-term
maintenance company.
Sincerely,
Craig R. Ahal
President
Exhibit 9
MEMORANDUM June18,2013
NANCY PHILLIPS & ASSOCIATES, L.C.
7408 Edisto Drive Tel: 561-432-1524
Lake Worth, Florida 33467 FAX: 561-432-6734
June 13, 2013 TRANSMITTED VIA EMAIL
TO: Mayor and City Council, City of Okeechobee
FROM: Nancy Phillips, Grants/Funding Specialist
SUBJECT: CDBG Housing Program
CDBG Contract No.: 1 ODB-05-07-57-02-H08
The City is currently completing the final three (3) housing rehabilitation projects. Due to the change in the
City Council's summer meeting schedule, I would like to propose a temporary change to the language in the
City's Housing Assistance Plan (HAP) as it pertains to the approval of change orders.
In the City's HAP, it states: "Change orders up to Three Thousand Five Hundred Dollars ($3,500.00) may be
authorized by the CDBG program administrator and City Administrator. All change orders exceeding this
amount shall require the authorization of the City Council."
I would like to propose that this language be changed to allow the City Administrator to temporarily approve
change orders for only code and/or health/safety violations in an effort to keep the housing construction moving
forward in a timely manner. All change orders will be presented to the City Council at their next scheduled
meeting for final authorization.
The City currently has homeowners staying in hotels while their homes are being completed and efforts are
being made to return the homeowners to their homes as quickly as possible. The CDBG grant does pay for the
temporary relocation of the homeowners while they are in the hotels.
Action Proposed: Approve a temporary change to the City's Housing Assistance Plan to allow the City
Administrator to temporarily approve change orders for only code and/or health/safety violations for the final
three (3) CDBG projects (Ervan, Massey and Koger). This action is being taken to not delay the construction
work on each project due to the change in the City Council's summer meeting schedule. All change orders
approved by the City Administrator will be presented to the City Council for final authorization.
Thank you very much for considering this request. Please do not hesitate to contact me if you have any further
questions and/or comments.
/nsp
Exhibit 10
MEMORANDUM June 18,2013
NANCY PHILLIPS & ASSOCIATES, L.C.
7408 Edisto Drive Tel: 561-432-1524
Lake Worth, Florida 33467 FAX: 561-432-6734
May 29, 2013 TRANSMITTED VIA EMAIL
TO: Mayor and City Council, City of Okeechobee
FROM: Nancy Phillips, Grants/Funding Specialist
SUBJECT: Approval of Change Order for CDBG Housing Applicant — Mattie Ervan
CDBG Contract No.: IODB-05-07-57-02-H08
Several months ago the City approved the rehabilitation of the Mattie Ervan project at 920 NW 91h Street. The
work is almost completed on this house. At the time on initial inspection with the contractor, the defective
roofing system was discussed and it has been decided it would be best to install a new roof. This change order
will involve the removal of two layers of existing asphalt shingle roofing, re -nail existing plywood sheathing,
install new 30# roof felt, galvanized drip flashing, lead plumbing vent flashings, and asphalt shingle roof. The
cost of this change order is $7,628.00.
In the City's Housing Assistance Plan, it states: "Change orders up to Three Thousand Five Hundred Dollars
($3,500.00) may be authorized by the CDBG program administrator and City Administrator. All change orders
exceeding this amount shall require the authorization of the City Council."
For your information, there have been two other change orders already approved for this project: (1) Removal
and installation of new hot water heater and drain pan - $877.00; and (2) Removal and installation of rear utility
room door - $1,248.00 for a total of $2,125.00. The work is currently being completed. The total for all three
change orders would be $9,753.00. There are amply CDBG funds to cover these expenses.
Therefore, I would like your approval of this Change Order for the Mattie Ervan project in the amount of
$7,628.00 for the installation of a new roof.
Thank you very much for considering this request. Please do not hesitate to contact me if you have any further
questions and/or comments.
/nsp
Attachment
5WMaw. Con SfY-U0 .ex
$301990.
The Updates!
F• k
from the City Administrator's Desk
SS SE 3rd Av., Okeechobee, FL 34974
City Council meeting of June 18, 2013
Grant funding approved!!! — The Governor's Office allowed the funding for
the canal cleanup project ($250k) grant. I wanted Senator Grimsley and
CAS to be present when the City announces the grant award and Ms.
Grimsley is not avail until the July 16th meeting, so we've scheduled it for
then. Dale Milita advised the both Sen Grimsley and Rep Pigman were
instrumental in pushing the project funding through. Milita will also give a
legislative summary at the July meeting.
You will notice that a match was incorporated this year and in order to
move on the project the City will have to budget accordingly (from the
Public Facilities Fund). Earlier in the year the City submitted two grant
requests to our Legislators — One for the Commerce park for continued lake
maintenance and the other for "storm water retrofit" (essentially canal cleanup).
The City submitted these last year and the Governor eventually vetoed both.
CDBG Housing program — On the Agenda is a memo from Grant
Consultant Nancy Phillips requesting that the City Administrator be given
temporary authority to approve change orders for the three last
outstanding houses, including:
Mattie Ervan, 902 NW 91h St. (Sinemark Const)
You will notice a separate Agenda memo request on this project to
cover the roof installation but we are concerned about other
unanticipated costs.
))Mary Massey, 504 NW 17th St (Mehaffey Const)
»Mary Koger, 915 NW 12th St (Platinum Perf Bldrs)
While we won't have final change order information for each of these by
next Tuesday's meeting, we don't want to be in a position to delay
construction until after the July City Council meeting.
S. Parrott Av landscaping project (Main St grant) — The City approved a
September 25th, 2012, Resolution (#12-08) committing the City to enter
into an Agreement and Memo of Maintenance and now it's been added to
the Agenda to affirm.
Helicopter meeting — we met on 6/4/13 to discuss the installation of the
helicopter at the park. The Huey will be painted and trailered and ready
for a ceremony on July 4th at the park and at the Okee tanie in connection
w/ a fireworks project.
Amtrak - CSX Depot — Councilman Watford and 1 met w/Amtrak reps, Todd
Stennis and Anella Popo on 4124113. Amtrak still supports the City's efforts to
refurbish the depot and pledged to contact State Legislators to express same.
They indicated that the new kiosk should only strengthen the City's position and
be nothing but compatible. As you recall, CSX had a contingency that Amtrak
had to be a principal in any restoration/occupancy efforts.
Page 1
6118113 Activity Rpt Cont'd
Building Dept / General Services:
• Impact fees (Ord 1097,2"d Rdg) — 1st Rdg was 5/21/13 and Planning Bd
recommendation - 5/16/13 to continue the impact fee moratorium for
another year. Attached find updated comparisons of neighboring
governmental agencies, City building permit history and estimated impact
fee loss due to the moratorium. Note: on 5/30/13 the City rec'd the radio
invoice ($114,834.95 vs original estimate of $112,642.85). The City has
waited for the billing in order to exhaust Impact fees on same... amounting
to $31,003 (Police) and $18,750 (Fire) = $49,753 total. The total billing for
the radios should be about $114,000 incl General fund expense. I say
"about" because we found an error in the billing we are trying to resolve.
The original estimate was $112,643, but the City did add some equipment
incl a cpl of spares, batteries and battery chargers.
• A/C for City hall 2"d Floor — After having coolant added several times and
after malfunctions, we were advised that the AC is shot and in need of
replacement. We've taken quotes and are having Cooling Refrigeration
Services replace same as indicated on the quotes below (we solicited all
AC businesses for a quote)
Council Room/City Admin AC replacement quotes
Contractor
Amount
SEER
Rating
Capacity
Note
$2,800.00
13.5
2.5 Ton
Capacity less than existing system
$3,600.00
16
2.5 Ton
Capacity less than existing system
Cooling refrigeration Services
$3,200.00
13
3.5 Ton
Recommended Oation
Emory Walker
$4,100.00
13
3.5 Ton
$4,500.00
14
3.5 Ton
$3,597.00
13
3.5 Ton
Price increase of $542 is greater than
$4,139.00
14
3.5 Ton
expected lifecycle energy savings of
Glades Air Conditioning
$400
Price increase of $1923 is greater
$5,520.00
16
3.5 Ton
than expected lifecycle energy
savings of $1200
Fitness Center at former Rita Furniture location — The biggest obstacle
that confronted the 5/16/13 TRC was the lack of parking on the site plan.
According to the staff report, 40 spaces are required but there are only 10
at the site. The TRC recommended to the City Council to approve the
installation of an alternate parking lot to satisfy the parking requirements
for the fitness center project, owned by CRCO Properties (Dr Bartel) but
not without some reservations and contingencies. Steve Dobbs is
Page 2
6118113 Activity Rpt Cont'd (Fitness Center, former Rita's Furniture)
scheduled on the Agenda and the Staff Report is included as an Exhibit.
Furthermore, Steve sent me an email that he wanted me to forward to the
City Council... it's enclosed in the packet w/ my cover memo.
Okeechobee Asphalt rezone - On the Council Agenda (Ord 1096,
Zoning 2 Rdg), Okeechobee Asphalt is requesting a change to Industrial
ZoninW and Future Land Use of properties west of their current facility on
NW 9Street. Mr. Brisson is recommending Multi -Family as the highest
(buffer) use for the northwest parcels zoning, incl lots 1-5, acted upon at
the last meeting for a 1st Reading. I spoke to Bob Gent, owner and he
assured me that they plan to provide a landscape barrier at the property
line.
Ord 1098 is on the Agenda - to change the Future Land Use from Single
Family to Industrial for all the Okeechobee Asphalt parcels shown below:
Holding (H) Zoning category — You'll notice the Agenda Exhibit wherein
the Planning Board proposed having a workshop /w the City Council to
discuss the `H' Zoning. It will be elaborated on at the meeting.
Commercial Corridor/Transitional overlay - The Planning Board discussed
creating a commercial corridor and transitional overlay area... as the City
briefly discussed back in 2010 in connection w/ the Comp Plan Evaluation
and Appraisal Report (EAR). I distributed the map w/ my last report. The
Board recommended the 'corridor' but rejected the transitional areas
which appeared to cause those residents in attendance much heartburn.
Next Planning Board June 20th — looks pretty innocent, including two
required Comp Plan 'element' changes incl compatibility of land uses near
an airport and providing a School Board 'non -voting' member to the Board
for input to Comp Plan and Zoning issues relating to residential density.
Page 3
6118113 Activity Rpt Cont'd
Finance:
Pension General Employees — At the last meeting the f/y/e 2012 audit
reflected the pension reports for the Police and Fire but not the
'component unit' General Employees which includes the OUA. I've copied
the corresponding audit page from the General Employees audit and
attached it along with the info from the City's audit for comparison
purposes. If you want a copy of the 35 +/- page audit, please just ask.
FEMA closes TS Fay docs — Just tho't
it was interesting that the 'new' FEMA
has finally closed out the 2008 tropical
storm Fay reporting. FYI — the City
rec'd $18,902 in reimbursable
expenses.
Budpet/Capital Improvements — Each
Dept head has completed a preliminary
C/1 listing. We will be using the
spreadsheets as part of our budget preparation/planning but also with the C/l
element of the Comp Plan.
Budget calendar (draft):
7/1/13 Rec certification from Property Appraiser
7/16/13 Set date/time for public hearings and set tent millage
8/20/13 Budget Workshop 5:OOPM
8/27/13 2"d budget Workshop 5:OOPM (if needed)
9/3/13 1 St Pub Hearing (possible if Appraiser sends Cert 7/1)
9�1 M 1St Pub Hearing (alternate, if we don't red the
Appraiser certification on 7/1/13)
9/17/13 Final Public Hearing arin 6:OOPM
913 Final Pu /24/ . , .g 6:OOPM alternate if.,.) , bli c He
Fire and code Enforcement:
• Code mtq 6/11/13 — fines and condemnation of Marguerite D'onofrio's 2-
story dilapidated house at 400 SE 1 Oth Av. The consensus of the Code
Board was that the nuisance needed to be abated by demolition and it's
on the Agenda.
Police:
• April 2013 activity includes:
Calls - 604; traffic warnings - 134; traffic citations - 109; arrests - 40
• May 2013 activity includes:
Calls — 556; traffic warnings — 110; traffic citations — 96; arrests — 4
Public Works:
• Activity Report June 2013— Enclosed herewith please find same.
• Roundabout replacing signal at SW 5th Av and S Park St — Culpepper and
Terpening, has designed the artist's rendition of the roundabout proposed
for SW Park & 5t" Av., enclosed in the packet.
Page 4
6118113 Activity Rpt Cont'd (Public Works)
• Street Sweeping bids — On the Agenda are the bids rec'd 5/28/13 for
street sweeping services. The 5-yr contract has been renewed annually
for two additional years. For comparison purposes, the existing contract
(Amerisweeps, bid in 2006) was for $40,500/yr, the low bid at the time.
We're recommending award to Clean Sweep & Vac at $24,996.40/yr.
• SR 70 (Applebee's) turn lane project — The City finally rec'd (6/6/13)
approval of the construction Agreement. I noticed that there is a
stipulation that all work has to be done after 8:OOPM and before 6:OOAM.
Which could have a negative impact on the bid, but I think the grant
estimate is adequate. Attached is the Notice, published 6/12/13, bids to
be opened 7/10/13.
• 441170 intersection proiect — Atty Cook, DPWks Allen & 1 met w/ FDOT ROW
acquisitions rep to discuss the ROW involved and the fact they've met w/ the
Hamrick Trust. He presented a spreadsheet reflecting a `cost to cure' various
construction related items not previously included in the intersection contract. /
was a bit taken back at DDT's approach of moving the `cost to cure' to the City vs
assuring that all costs are borne directly by the inevitable contractor. No wonder
they were a bit evasive on direct questions on how they intended to replace the
Chamber sign, for example... estimated at $18, 000. Other items include
`reimbursement' for tree replacement, concrete, electrical, irrigation work,
driveway and sod replacement.
• SW 11th Street 200-block retention area — finally appears to be getting underway.
You may recall it's a CDBG categorized under `disaster relief — 2008' storm
event, Tropical Storm Fay, I believe. There's $25, 000 allotted to the dry retention
project, administered by the County and it appears the advertising will commence
515113 w/a bid opening date of 614113. Enviro Tech Systems, 2800 S Parrott
was the successful bidder on County projects amounting to some 787,000
of which the 11th St project is one of. At first glance it appears to that the
City project is less than $10,000, but we need to decipher some of the
many line items to determine if any of those were combined and part of
the City project.
• Park at Taylor creek, SE 7" St — Met w/ Don Fox, on 6/4/13, 9am, to
discuss grant possibilities and fund from the Florida Fish & Wildlife (FFW)
Conservat'n. A formal application would be required in March 2014, but he
mentioned FFW may have some funding avail w/out a formal grant ap,
such as trees/other domestic landscape.
Attached is a rendition I rec'd from Culpepper & Terpening that also incl a
v-ball court that s/b removed. Mr. Fox had some indigestion about the
splash park... not from a grant perspective but a const/maint opinion.
• Airboat — we've done some work on the engine but it still isn't functioning
and the airboat is crucial to spraying the canals. Investigating alternatives
End....
Page 5
May 23, 2013
CITY OF OKEECHOBEE
IMPACT FEES COMPARISON STUDY
Ft. Pierce Impact fees are in place
Sebring No impact fees
LaBelle Moratorium for past 2 years, up for review next year
Clewiston No building impact fee
Belle Glade No impact fees
Daytona Beach (I called twice and LM, waiting for return call)
Indian River Shores (I was referred to Indian River County)
Vero Beach (I was referred to Indian River County)
Indian River County Impact Fees for 9 categories, 3 of those categories are
suspended
possible implementation of an 18 month moratorium for all
categories to be decided within the next few months
St. Lucie County
Hendry County
Highlands County
Impact Fees are in place in all categories
Moratorium in place
Moratorium in place indefinitely
Okeechobee County Impact Fees in place
YEARLY PERMIT TOTALS COMPARISON
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
January
45
32
95
69
42
26
35
28
35
24
42
Februa
44
27
125
60
67
43
35
32
30
40
33
March
39
55
97
76
55
32
23
60
52
39
35
April
48
44
117
43
42
41
43
30
36
40
34
May
42
50
87
91
61
29
38
58
55
44
22
June
31
33
106
60
67
47
50
49
40
46
July
54
53
80
60
48
56
36
32
40
52
August
30
55
80
39
52
32
33
31
30
33
Septembe
47
35
76
39
33
39
40
37
36
28
October
48
127
51
41
35
26
45
36
46
48
Novernbet
35
85
53
36
28
21
25
36
39
29
December
17
125
53
24
25
23
36
36
21
18
Total
1 480
721
1020
638
555
415
439
465
460
441
166
1200
1000
800
600
400
200
Building Permits Issued
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
City of Okeechobee
Loss of Impact Fee Revenue Analysis
July 1, 2012 to May 22, 2013
Month/Year
Project
Use
Police
Fire
Public
Works
3% Admin
Fee
Total
Impact Fee
Jul-12
T-Pro
Residential
$ 356.00
$ 405.00
$ 745.00
$ 45.18
$ 1,551.18
Aug-12
New American Physical T
Medical Offic
$ 30.00
$ 67.00
$ 125.00
$ 6.66
$ 228.66
Jan-13
Owner Builder
Residential
$ 356.00
$ 405.00
$ 745.00
$ 45.18
$ 1,551.18
Jan-13
Owner Builder
Residential
$ 356.00
$ 405.00
$ 745.00
$ 45.18
$ 1,551.18
Totals
$ 1,098.00
$ 1,282.00
$ 2,360.00
$ 142.20
$ 4,882.20
5/22/2013
11:30 AMUsers\Brian\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\MSZNE05L\Impact Fees - not recvd 2012 and 2013
Impact Fees Collected
as of Sept 30th, 2011
Law
Name
Admin Fee
Enforcement
Fire Protection Transportation
State Farm
$
105.45
$
114.00
$
254.60
$
475.00
Jersey Mikes
$
139.44
$
127.40
$
107.80
$
72.80
Southeast Milk
$
58.22
$
64.80
$
234.00
$
637.20
Southeast Milk
$
19.40
$
21.60
$
78.00
$
212.40
Park Place (Hampton Im
$
4,126.80
$
15,330.00
$
28,220.00
$
15,045.00
FY 2007/2008 $ 4,449.31 $ 15,657.80 $ 28,894.40 $ 16,442.40
Blaine Ellison
$
195.30
$
356.00
$
405.00
$
745.00
Shoppes on Boardwalk
$
199.80
$
216.00
$
482.40
$
900.00
Smith, Rosa
$
195.30
$
356.00
$
405.00
$
745.00
Shoppes on Boardwalk
$
87.52
$
798.60
$
950.40.
$
1,168.20
Shoppes on Boardwalk
$
9.99
$
45.00
$
100.50
$
187.50
New American Physical
$
38.63
$
174.00
$
388.60
$
725.00
FY 2008/2009 $ 726.53 $ 1,945.60 $ 2,731.90 $ 4,470.70
ALF/VNA
$
283.18
$
754.00
$
4,368.00
$
4,317.20
AMSA Holdings
$
109.16
$
244.00
$
1,219.70
$
2,175.00
Shoppes on Boardwalk
$
31.12
$
114.00
$
490.20
$
433.20
Neal Long Duplexes
$
372.00
$
1,120.00
$
3,160.00
$
8,120.00
BOCC-EOC
$
70.60
$
318.00
$
710.20
$
1,325.00
Shoppes on Boardwalk
$
17.16
$
236.60
$
200.20
$
135.20
Walpole Inc.
$
27.03
$
61.20
$
238.00
$
601.80
Big Lake Eye Care
$
53.84
$
395.00
$
492.10
$
907.50
Family Heritage
$
13.32
$
60.00
$
134.00
$
250.00
Loumax Dev-Warehousf
$
56.94
$
131.40
$
474.50
$
1,292.10
FY 2009/2010 $ 1,034.34 $ 3,434.20 $ 11,486.90 $ 19,557.00
United Feed -Warehouse
$
93.60
$
216.00
$
780.00
$
2,124.00
Mossel, Roland
$
111.60
$
336.00
$
948.00
$
2,436.00
KST
$
62.40
$
144.00
$
520.00
$
1,416.00
FY 2010/2011 YTD $ 267.60 $ 696.00 $ 2,248.00 $ 5,976.00
Total each Dept. $ 6,477.79 $ 21,733.60 $ 45,361.20 $ 46,446.10
Grand Total (not including admin fees)
$ 113,540.90
,,;elf I, C, 44!5
15
GASB STATEMENT NO.25
SCHEDULE OF FUNDING PROGRESS
Entry Age
Actuarial
[Actuarial
Actuarial
Accrued
UAALAs %
Value
Liability
Unfunded AAL
Funded
Covered
of Covered
Valuation
of Assets
(AAL)
(UAAL)
Ratio
Payroll
Payroll
Date
a
b
b-a
alb
c
b-a /c
10/1/12
$7,944,172
$9,058,179
$1,114,007
87.7 %
$3,023,756
36.8 %
10/1/11
7,247,383
8,630,615
1,383,232
84.0
3,098,116
44.6
10/1/10
6,964,794
8,229,125
1,264,331
84.6
3,266,478
.38.7
1011109
6,431,001
7,882,255
1,451,254
81.6
3,279,829
44.2
10/1/08
5,998,631
7,128,391
1,129,760
84.2
3,209,747
35.2
10/l/07
5,546,642
6,471,299
924,657
85.7
3,066,152
30.2
10/1/06
4,924,260
5,678,734
754,474
86.7
2,749,183
27.4
1011105
4,370,291
5,024,716
654,425
87.0
2,397,261
27.3
10/1/04
4,025,555
4,688,862
663,307
85.9
2,415,380
27.5
10/1/03
3,927,627
4,313,550
385,923
91.1
2,333,505
16.5
GRS
CITY OF OKEECHOBEE, FLORIDA
Required Pension Supplementary Information - Schedule of Funding Progress
Last Six Fiscal Years
Police Officers' Pension Plan
Actuarial
Unfunded
Accrued
(Assets in
UAAL as a %
Actuarial Actuarial Liability
excess of) AAL Funded
of Covered
Valuation Value of AAL
(UAAL) Ratio
Covered Payroll
Date Assets (a) Entry Age (b)
(b-a) (a/b)
Payroll (c) ((b-a)/c)
2012
$ 6,044,391
$ 6,187,990
$ 143,599
97.68%
$ 928,285
15.5%
2011.
5,71.2,560
5,886,480
173,920
97.05%
936,580
18.6%
2010
5,666,207
5,659,633
(6,574)
100.12%
967,957
-0.7%
2009
5,424,146
5,201,828
(222,318)
104.27%
947,296
-23.5%
2008
5,253,380
4,966,790
(286,590)
105.77%
917,647
-31.2%
2007
4,973,343
4,722,755
(250,588)
105.31%
896,164
-28.0%
Firefighters' Pension Plan
Actuarial
Unfunded
Accrued
(Assets in
UAAL as a %
Actuarial Actuarial Liability
excess of) AAL Funded
of Covered
Valuation Value of AAL
(UAAL) Ratio
Covered Payroll
Date Assets (a) Entry Age (b)
(b-a) (alb)
Payroll (c) ((b-a)/c)
2012
$ 2,595,508
$ 2,556,559
$ (38,949)
101.52%
$ 429,008
-9.1%
2011
2,428,618
2,318,524
(110,094)
104.75%
457,776
-24.0%
2010
2,417,688
2,215,619
(202,069)
109.12%
438,787
-46.1%
2009
2,330,746
2,104,641
(226,105)
110.74%
456,742
-49.5%
2008
2,255,117
1,898,670
(356,447)
118.77%
461,494
-77.2%
2007
2,123,157
1,705,380
(417,777)
124.50%
450,792
-92.7%
* The annual required contribution (ARC) is calculated using the aggregate actuarial cost method.
Information in this schedule is calculated using the entry age actuarial cost method as a surrogate
for the funding progress of the Plan.
PUBLIC NOTICE
REQUEST FOR PROPOSALS NO. PW-02-00-06-13
CITY OF OKEECHOBEE
LIMITED ROADWAY IMPROVEMENTS TO SR 70
Opening Date and Time: July 10, 2013 at 2:00 p.m.
The City of Okeechobee City Council is seeking proposals for limited roadway improvements consisting
of turn lanes on SR 70 on behalf of Applebee's Neighborhood Grill & Bar. These improvements are
funded through the City's Community Development Block Grant (CDBG) project 12DB-E08. Firms
properly registered in the State of Florida are encouraged to submit their proposal for consideration. In
order to be considered, bids must be received by the City of Okeechobee, General Services Dept., 55
SE 3rd Avenue, Okeechobee, Florida 34974 by 2:00 p.m., Wednesday, July 10, 2013 at which time all
responses to this request will be recorded in the presence of one or more witnesses. Any proposals
received after the above noted time and date will not be opened or considered.
Bids should be submitted in a separate sealed envelope marked "LIMITED ROADWAY
IMPROVEMENTS TO SR 70 BID NO. PW-02-00-06-13" and may be mailed, hand -delivered or
express mailed to the address listed above. Facsimile or emailed bids will not be accepted.
A MANDATORY pre -bid meeting will be held on Tuesday, June 18, 2013 at 1:00 p.m. in the City of
Okeechobee City Council Chambers at 55 SE Td Avenue, Okeechobee, Florida. You must attend this
meeting in order to submit a response to this RFP.
Please note that bonding requirements apply to this bid opportunity.
This solicitation does not commit the City of Okeechobee to award any contracts, to pay any costs
incurred in the preparation of a response to this Bid, or to contract for any services. The City reserves
the right to reject any or all submittals received as a result of this solicitation, or to cancel in part or in its
entirety this Bid, if it is in the best interest of the City to do so.
City of Okeechobee is an Equal Opportunity Employer and Drug/Smoke Free Work Place.
James E. Kirk, Mayor
TO: Mayor Kirk, Council Members and Administrator Whitehall
FROM: Lane Gamiotea, City Clerk/Personnel Administrator
DATE: June 13, 2013
In addition to our daily routine work, here are items of notable interest:
Citizen Boards -
•There is a vacancy on the Code Enforcement Board for an Alternate Member. Notice is on the bulletin
board, as well as emailed to all citizen board members and OKMS to add to their bi-weekly clip board
email.
Personnel -
•Monthly Accrued Annual, Sick and Personal Leave Reports and notifications distributed to employees.
-Processed applications for PW Director Allen to interview for Temporary Part -Time Maintenance
Operators.
-We have one OHS student working in our office under the Workforce Solutions Work Experience
Program.
-Created a form for employees to process when returning from extended sick leave or surgery, but not
related to Worker's Comp or FMLA Leave (we had these for FMLA & WC leave but not for normal
circumstances).
Advertisements - from May 20 to June 13:
- 8 Legal Notices were/will be published in the Okeechobee News for Ord #1096, #1097, & #1098, 6/18
Council Mtg, 6/11 Code Bd Mtg, 6/20 Planning Board Mtg, & Comp Plan Text Amendments.
-2 Classified/Employment notices were published in the Okeechobee News for a Temporary Part -Time
Maintenance Operator.
• All above items were posted on the City Hall Bulletin Board and web site. In addition the Pension Board
8/5 mtg, and all meetings of Boards/Committees the Mayor and Council serve as liaisons were posted.
• There is also a Special Pension Board of Trustees' Meeting (all 3 boards) scheduled for 6/20 at 10 am.
The investment firm handling our accounts has issued a letter of resignation. Melisa will be sending a
copy of the letter and notice to all General Fund members, the Police and Fire Pension Board
Secretaries will be notifying their appropriate members as well.
The Grove Community Development District - the annual proposed budget for FY 2013-14 was
received as required, please advise if you'd like a copy.
Education & Training -
- Melisa and I attended the FACC Summer Academy from Sat., June 8 - Wed., June 12. 1 would add that
in addition to attending class, in order for us to receive any points we have to submit written short -essay
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type responses of specific questions on each class, and turn them in before we leave the academy.
These are the classes we attended, and possible changes/follow up to be done based on information
learned at these classes:
Athenian Dialogue: "Leadership the Eleanor Roosevelt Way" required us to read the 12 chapter
book written by Robin Gerber prior to the academy, then attend a 6-hour class where we utilized a
workbook created by the class facilitator, Mark Abels (former City Manager, current UCF professor) to
make correlations between the information in the book and finding resources/tools to help us in being
better leaders for our cities.
New Trends in Public Records Requests was taught by Bob Guthrie, Dana Crosby & Daniel Mantzaris,
Attorneys of deBeaubien, Knight, Simmons, Mantzaris & Neal (this firm is the "City Attorney" for the City
of Clermont and St. Cloud). In addition to reviewing the basics of F.S. 119, they reviewed recent cases
within surrounding emails, text messages and voice mails, which seem to be the biggest problems as
most people do not realize these too are PUBLIC RECORD and have RETENTION PERIODS. The
majority of cities (us included) do not have specific detailed polices on these issues with using advance
technology. In addition to the records created by technology, the class covered how to help clerks to be
ready to shield their cities and avoid being a target for aggressive individuals who use the law as a sword.
■Information Gained & Alarming Issues reviewed:
■There are two brothers who are specifically targeting cities on these issues and filing law suits.
■Elected Officials personal home computers will and have been seized in order to extract all public
records from their emails.
■Elected Officials, hired consultants, and employees cell phones will and have been seized to extract
all public records from their text messages and voice mails.
■Public records don't have to be granted in hard copy or email, if the person wants to take a picture
of the public records using their smart phone they are now allowed to but have to be permitted to do
so in a separate room, and the city can charge for the use of the room.
■lf you lease or rent city owned buildings/property/facilities, that organization is now subject to the
open public records law - an Attorney General Opinion has just been requested to clarify this issue.
(Clermont has it built into their lease agreements that if you lease/rent any building you understand
that you are now subject to the open records law and should a request be made they have to produce
that record to the clerks office).
■Anything shown at a public meeting is a public record that is in any manner relevant to the topic of
discussion, the City is required to retain it - including boards and committees (even if it is a
preliminary document, a draft or unfinished version of a picture, drawing, etc, a huge sign a business
wanted to show off, even if its `the only one we have', if it is held up at the podium or passed around,
it now belongs to the City for public record).
-Mixing city and personal business on devices is very dangerous, you can and will loose all privacy.
■What needs to be done:
■Compare our current records management and copies policy with the City of Clermont and Orlando (both recently won
court battles), draft a new policy for the Attorney Cook to review, forward to Council for consideration to adopt and
implement. Educate employees on what to do and how to handle records requests, as those "targeting" city's are purposely
going to other city buildings or even stopping employees out in the field to request a particular public record, or asking the
employee offering the public record their opinion or interpretation of the record.
■The City needs to decide whether to have separate 'City only' devices for emails, text messages or voice mails. Leon and
Manatee County's recently adopted policies that all county business has to be conducted through county issued devices
(computers/ipads/cell phones) and county accounts for email, etc, if they use their personal device to receive any county
business they are on their own to legally defend themselves. We are currently waiting on the case law regarding how
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protected you are by receiving city/county business on your personal device and then forwarding it to your
city/county device/account.
■The City should consider adding language to the Agenda Item Request forms and all Agendas (including citizen boards)
warning/advising that if you show something, pass it around, etc, it must be left with the city clerk/board secretary and is
now a public record.
Body Language was taught by Trina Pulliam of Trainnovations, Inc., on the magic of communicating
without speaking by sending messages using body posture, gestures, facial expressions and eye
movements. The purpose of the class was to identify our own unconscious gestures that are aggressive
behaviors, learn the meaning of and use other behaviors to be better and effective communicators.
Records Preservation was taught by Dennis Curran of Kofile Preservation and JoAnn Constantini of
Constantini & Associates on the best practices and approaches for preserving historical documents, and
reproducing them for public records. Analog verses digital of various media forms, shredding documents,
storage environments for long and short term, and the development of new media forms.
Researching the F.S. & Legislative Update was taught by Attorney Christy Goddeau of the Law Office
of Glen Torcivia and FLC Legislative Director Scott Dudley reviewed changes in interpretations of existing
F.S., and new F.S.
■What needs to be done & Insights Gained:
■If the City Attorney is not required to review the entire chapter 166 then each department head should be doing so, this
is the chapter where the legislature puts things that they have no idea where else to put it.
■Elected Officials cannot serve on a political committee.
■S.B. 50 passed which will completely change bidding and negotiation procedures (the City will need to compare the
current adopted procedures and code for conflicts).
■Defined Benefit Retirement Plans now have to send in financial report information to the State.
■Changes were made to mortgage foreclosures and lien laws (this might assist in resolving Code Enforcement issues).
■Major changes to Alarm System Contractors (this might require changes to our building permits).
■The Public Testimony law that passed requires local gov't to provide the public an opportunity to be heard, the final
version allows exemptions listed for certain emergency situations and when acting in quasi-judicial capacity; the public
comment does not have to be held at the same meeting when the action is taken, there will be more on this topic as case
law and interpretation arise. The irony noted was that the "public testimony law" was adopted "without taking any public
testimony."
■Employee benefits law final version created an 11-member task force to review the impact of the State's preemption of
these changes. However, the local government will not have a representative on this committee.
■SB 1106 passed which preempts local governments from adopting any ordinance, regulation or rule or policy that restricts
or otherwise limits agri-tourism activity on land classified as agricultural. (This may affect how we move forward with
changes to our LDR's and comp plan with Holding zoning and agriculture uses.)
■Finance Directors are to now complete a Financial Disclosure Form 1.
■There is now a grace period to amend financial forms.
■Prohibits gifts over $100 from a vendor doing business with the City.
■Ethics complaints against a candidate now have to be filed 30 days prior to the election (it used to be 5 days) for
investigation to begin.
-Neither an Elected Official nor Candidate can accept public employment if they know the position is being offered to gain
influence or give an advantage based on office/candidacy.
■Early vote now has to begin 10 days prior and end 3 days prior to the election, SOE's can extend it from the 15t'' to 11t''
day before and end 2"d day prior to election.
■Early voting sites are required to be open a minimum of 8 hours and maximum of 12 hours per day.
■Campaign Treasurer Reports. The law now requires 15 reports (from the current 9). However, the Division of Elections
offered Opinion #98-03 in that if a City that has by ordinance/charter adopted the FL Election Code and does not have a
primary election, they can stay with the current 9 reporting dates. (I will verify our code meets this requirement).
■Changes where made to SOE deadlines, dates of primary's and deadlines for ballots being submitted to the State for
approval. Once Mrs. Hagan has returned from her annual conference (held this week) we'll be reviewing the City's
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qualifying and election time line. I believe we will be having to move ours up to either early August or late July to meet the
new requirements.
Parliamentary Procedures was taught by Professional Registered Parliamentarian Patricia McDougle
as an interactive class where the participants had to work through different scenarios during meetings
to figure out the correct parliamentarian procedure of handling the situation.
Employment and Labor Law was taught by Attorney Lara Donlon of the Law Office of Glen Torcivia
reviewed best practices for personnel records and HR records as they relate to the State records
retention and destruction policy, and the variables that temporary and/or part-time employees bring to
the equation. EEOC, FMLA, ADA, ADEA, GINA, FLSA, & Employee litigation highlights and best
practices.
■What needs to be done & Insights gained:
■The City's Employee Personnel Policy & Procedures needs a complete overhaul.
Happiness at Work was taught by Dr. Tippy Amick of the Florida Institute of Government to give us
effective strategies and simple tips to manage the stresses and setbacks we encounter and focus on
healthy paths to happiness, even when feeling our most overwhelmed.
Planning & Zoning Items -
- Assisted in reviewing the comprehensive plan text amendment information going to the Planning Board
from Mr. Brisson for the June meeting
• Happy Birthday's wishes being sent to:
Name Month/Date
Department
Lt. Hagan 6/25
Police
Chief Davis 7/6
Police
Mitch Brydebell 7/18
Fire
• Happy Anniversary wishes being
sent to:
Names
No. Yrs - Month/Date
Ted & Jean Denisk
29 - 6/23
The Newells
29 - 6/28
Brian & Diane Whitehall
38 - 6/28
Adam & Wendy Crum
5 - 6/28
Marvin & Camela Roberts
13 - 7/1
Donald & Jeannie Hagan
13 - 7/1
India & Bob Riedel
30 - 7/16
Dates to Note - 0 Jun 11: Code Board Meeting
4 Jun 18: City Council Meeting
4 Jun 20 @ 6 pm: Planning Board Meeting
(D Jun 24-Jul 9: Melisa out of the office
Name
Phil Conroy
Jack Boon
Department
CEB
Building Official
Administration
Fire
Public Works
Police
Finance
Month/Date Department
6/27 Police
7/15 Police
4 Jun 16: Fathers Day
4 Jun 20 @ 10 am: Special Pension Mtgs
4 Jul 4: Holiday City Hall closed
Pending Items & Projects on the Horizon -
ew Creating a Committee to review the applications for the recipient of the Paragon Award.
uw Revising/Updating the Citizen Board Handbook.
uw Upgrading the City's web site provider to be able to utilize the Laser Fiche web portal for records
management, allowing citizens to view public records from their computers.
Page 4 of 4
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I F M D S C♦! f i o C M,I E C i U ll t
CITY OF OKEECHOBEE, PUBLIC WORKS
To: Brian Whitehall, City Administrator
From: David Allen, Public Works Director
Date: 6/13/2013
Re: Public Works Activity Report
In addition to the normal ongoing nativities such as mowing, reviewing business tax receipts
and other normal projects, the Public Works Department has completed the following:
• Drainage Issues.
t�,
In response to a storm event on May 1st which
caused some minor flooding in the vicinity of
South park street and SW 6th Avenue. To
mitigate future problems in the area, two
projects were completed. The first was to
replace an existing culvert on the West side of
SW 6th Avenue that was crushed and
restricting flow from the area. As seen in the
picture to the left, the water was
approximately hub cap deep in some of the
areas just to the South of South Park Street.
An additional project was completed on the South East corner of the above mentioned
intersection to alleviate problems associated with similar rain events for the business on
that corner. The issues were the result of having an undersized drain channel between the
sidewalk and curb which caused water to pool
on the north and east side which caused
flooding issues near the entrance to the
business. As seen in the photo to the left, a
new concrete channel with approximately
twice the drainage capacity was poured along
with a new metal cover to allow safe
pedestrian passage over the drain.
In response to ongoing drainage concerns along the North side of South Park between SW 10th
and 11th Avenue, a new culvert was
installed under SW 11th Avenue on
the North side of the intersection.
This new culvert gives water a second
path to move to the West and South
F pw, of the intersection.
4
• Other Storm response
As a result of a wind storm, a large tree
was blown down on the north side of SW
6th street between SW 2"d and 3`d
Avenues. The tree was very old and had
suffered significant decay in the trunk
and a large amount of concrete had
previously been placed in the trunk to try
to stabilize the tree. The tree was located
on both public right of way as well as the
adjoining lot. The owner of the lot
contracted with a tree service to remove
the tree and the Public Works
department removed the tree stump
because of it's impact on the adjacent
sidewalk as well as removing the large
concrete block from the stump.
Additionally, Public works utilized a
backhoe to help to the tree removal
company safely push a large segment of
the tree that had become lodged several
feet above the ground during the cutting
process. In addition to the stump
removal effort, Public works also
repaired the section of sidewalk
damaged by the removal of the tree
along with additional areas of the
adjoining sidewalk that were in need of repair.
E
, 4,
• Sidewalk repair and maintenance
Handicap Access ramps were replaced on Six corners along the North side of South Park Street
to allow improved handicap access.
• Street Light Maintenance
Public Works staff contracted with a local electrical contractor to perform maintenance on the
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street lights on Park and Parrot streets. The contractor was necessary due to the height of the
lights which is beyond the reach of the Public Works lift truck. In addition to changing multiple
light bulbs in the light heads, a potentially hazardous problem was identified and repaired by
the electrical contractor. Fortunately the problem was identified during the maintenance
process. As shown in the pictures above, a short in the base of the one of the light poles was an
accident waiting to happen. When the electrician went to remove the access cover, an
electrical arc was created which could have caused serious harm or possibly death to an
untrained person.
• Street Repair and Maintenance
A small sink hole located just to the west of the boat ramp on SE 4th Street is currently under
repair. The hoe shown below was the result of water slowly infiltrating into the adjacent
manhole which caused erosion of the underlying surface. The surfaces of the wall inside the
manhole have been sealed and the hole has been filled. Final parching of the hole will occur as
soon as we are certain that the leak has been stopped.
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