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2014-06-17
250 CITY OF OKEECHOBEE JUNE 17, 2014 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor. June 17, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Edward Weiss, Church of Our Savior; Pledge of Allegiance led by Mayor. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 20 -Year Longevity Service Award to Fire Lieutenant PhD Conroy PAGE 1 OF 8 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the June 17, 2014, Regular City Council Meeting to order at 6:00 p.m. In the absence of The Very Reverend Edward Weiss, of the Church of Our Saviour, the invocation was offered by Council Member Williams; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk and Fire Chief Smith presented Mr. Phillip Conroy with a $250.00 Longevity Service Award and a framed certificate which read, "In recognition of your dedication to the citizens of the City, and a devoted work ethic for twenty years, May 31, 1994 to May 31, 2014." Chief Smith took the opportunity to officially commission Firefighter Conroy, by pinning of the Lieutenant rank, and gave a biography of his firefighting career. Lieutenant Conroy was accompanied by his wife, Debbie to celebrate this accomplishment. AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Present a 20 -Year Longevity Service Award to Fire Lt. Glenn Hodges. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014 Regular Meeting and May 20, 2014 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2014 Warrant Register: General Fund Public Facilities Improvement Fund Appropriations Grant Fund FDOT Grant Fund Law Enforcement Special Fund VII. AGENDA - Mayor. $341,532.13 $ 13,400.37 $ 98,801.25 $ 2,280.00 $ 209.00 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. 1107, amending the Comprehensive Plan to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for each land use category - Planning Consultant (Exhibit 1). JUNE 17, 2014 - REGULAR MEETING - PAGE 2 OF 8 251 COUNCIL ACTION - DISCUSSION - VOTE On behalf of the City, Mayor Kirk and Fire Chief Smith presented to Lieutenant Glenn Hodges a Longevity Service Award ($250.00), and a framed certificate which read, "In recognition of your dedication to the citizens of the City, and a devoted work ethic for twenty years, June 17, 1994 to June 17, 2014. "Chief Smith gave a biography of his firefighting career. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the May 6, 2014, Regular Meeting and May 20, 2014, Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to approve the May 2014 Warrant Register in the amounts: General Fund, three hundred forty -one thousand, five hundred thirty -two dollars and thirteen cents ($341,532.13); Public Facilities Improvement Fund, thirteen thousand, four hundred dollars and thirty -seven cents ($13,400.37); Appropriations Grant Fund, ninety -eight thousand, eight hundred one dollars and twenty -five cents ($98,801.25); FDOT Grant Fund, two thousand, two hundred eighty dollars ($2,280.00); Law Enforcement Special Fund, two hundred nine dollars ($209.00); seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:14 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1107, amending the Comprehensive Plan to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for each land use category: Single - Family Residential, Multi- Family Residential, Mixed Use Residential, Commercial, Industrial, and Public Facility, relating to using property for livestock, animals, grazing, gardens, hay, and similar type uses; seconded by Council Member Watford. 252 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Vote on motion to read by title only, proposed Ordinance No. 1107. c) City Attorney to read proposed Ordinance No. 1107 by title only. 2. a) Motion to adopt proposed Ordinance No. 1107. b) Public comments and discussion. JUNE 17, 2014 - REGULAR MEETING - PAGE 3 OF 8 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No.1107 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A DEFINITION OF LIMITED AGRICULTURE; AMENDING POLICY 2.1 OF THE FUTURE LAND USE ELEMENT BY LISTING THE ALLOWABLE USES AND APPROPRIATE ZONING DISTRICTS FOR THE SINGLE - FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, MIXED USE RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC FACILITY FUTURE LAND USE CATEGORIES; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to adopt proposed Ordinance No. 1107; seconded by Council Member O'Connor. Mayor Kirk asked whether there were any comments or questions from the public. There were none. The floor was yielded to City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, 1375 Jackson Street, Suite 206, Fort Myers, Florida, to review Ordinance No. 1107. He explained this is the final adoption stage. The Public Hearing, which was held January 21, 2014, was for first reading and transmittal, in accordance with Chapter 9J -11 F.A.C. and F.S. 163.3184(15), to the Department of Economic Opportunity (DEO), and the following agencies: Florida Department of Education (FDOE), Florida Department of Environmental Protection (FDEP), Florida Department of State, Florida Department of Transportation- District One (FDOT), Central Florida Regional Planning Council (CFRPC), South Florida Water Management District (SFWMD), and the Okeechobee County Planning Department. The agencies have reported back with no comments from: SFWMD, CFRPC, FDOT, FDEP, the Florida Department of State and the Okeechobee Planning and Zoning. DEO suggested the following amendments to strengthen the City's Comprehensive Plan in order to foster a vibrant, healthy community: 1) to establish an intensity use standard for "indoor recreation" use allowed with the Single - Family Residential Future Land use category, and 2) establish density of use standards for the residential uses (group homes; adult family care homes; assisted living facilities; and limited residential use associated with a commercial building) allowed within the Commercial Future Land Use category. Mr. Brisson stated while he agreed with DEO's recommendations, he suggested the ordinance be adopted without modifications. They will be addressed in a future amendment. Council Member Watford shared his contentment with this ordinance, hoping it will serve as a compromise to continue to allow the 4 -H /FFA /Civic Clubs to raise their livestock and limited agricultural uses. AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion, to adopt proposed Ordinance No. 1107. B. 1. a) Motion to read by title only, proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50- 32 through 50 -59 - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1111 by title only. 2. a) Motion to adopt proposed Ordinance No. 1111. b) Public comments and discussion. JUNE 17, 2014 - REGULAR MEETING - PAGE 4 OF 8 253 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59; seconded by Council Member O'Connor. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1111 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE 11 LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50 -32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1111; seconded by Council Member Williams. Mayor Kirk asked whether there were any comments or questions from the public. There were none. He then yielded the floor to Attorney to Cook, and he explained this is a request from the Finance Department, as the fees have not been increased since 1995 when the Business Tax Equity Study was completed. According to F.S. 205.0535(4), the City can increase up to five percent on alternating years. Council Member Maxwell added (not directly related to the main subject), he would like to work towards finding a better process that would encourage new or expanding businesses to locate in vacant buildings. Some of the issues that seem to deter this stems from bringing the building and /or property up to existing codes. 254 JUNE 17, 2014 - REGULAR MEETING - PAGE 5 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion, to adopt proposed Ordinance No. 1111. C. 1. a) Motion to read by title only, proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1112 by title only. 2. a) Motion to adopt proposed Ordinance No. 1112. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015; seconded by Council Member Watford. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. City Attorney read proposed Ordinance No. 1112 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 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, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1112; seconded by Council Member Maxwell. Mayor asked whether there were any comments or questions from the public. There were none. Administrator Whitehall stated, since the first reading of this ordinance, the School Board has taken action to continue their impact fee moratorium as well. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:28 P. M. 1 1 1 AGENDA IX. NEW BUSINESS. A. Midyear Report of Chamber of Commerce of Okeechobee County - Terry Burroughs, President (Exhibit 4). JUNE 17, 2014 - REGULAR MEETING - PAGE 6 OF 8 255 COUNCIL ACTION - DISCUSSION - VOTE Mr. Terry Burroughs, President of the Chamber of Commerce of Okeechobee County, reviewed the mid -year report that was contained within Exhibit Four. The 2014 Board of Directors list was missing Robert Lee, Director at Large. The Chamber Accomplishments were: increased membership from 152 to 234; completed the Initial Leadership Okeechobee Program with 15 graduates; the Business Assistance Group has assisted the following businesses in our community to get started: Parrott Island Grill, Tin Fish Restaurant, 2nd Street Pizza Restaurant, Geechee Mon's BBQ Restaurant, Slide on By, Zippy's, Charles Composites and Applebee's; published the first Chamber Community Guide and Directory, also available on website; completed two different shopping events for the community: Mistletoe Marketplace and Cupids Corner; hosted monthly power networking breakfasts; hosted quarterly business after hours; hosted various financial and insurance seminars for Chamber members; attended the quarterly Florida Association of Chamber Professionals (FACP) conference in Orlando; assisted Okeechobee High School with the migrant student graduation exercises; represented Okeechobee County as a Board Member of the Treasure Coast Crime Stoppers. The Business Development Accomplishments were: developed new website to market both the Chamber and economic development efforts; became a member of the Florida Research Coast Economic Development, with Mr. Burroughs currently Chairman of the Board; assisted in funding the target industry study for 4 County Region of the Florida Research Coast; attended the Florida Power and Light (FPL) Powering Seminar in Port St. Lucie, to understand how to utilize tools provided on the powering website in development of responses to Request for Information requests; developed asset map for City and County identifying available industrial properties and amenities; attended the initial FPL Powering Seminar in May 2014, with various site selectors while understanding how to market our community; developed 2 page layout in the June 2014 edition of Florida Trend marketing the Florida Research Coast which features Okeechobee; participated as a panelist at the annual Treasure Coast Business Summit; participated in a mock site visit with Florida Heartland Rural Economic Development Initiative (FHREDI), Okeechobee County and Staff Member of the Site Selector Group to assist us in identifying areas where we can be better prepared to respond to RFI request; attended the quarterly Enterprise Florida Inc. (EFI) conference calls; represented Okeechobee County as a Board Member of Career Source - Research Coast. Future Plans are as follows: Chamber Activities - business of the year award; increase membership to 275 members by year end; create two new events in the downtown area; implement second Leadership Okeechobee class in September. Business Development Activities - develop a market plan for the Commerce Center in conjunction with the Florida Research Coast, meet with site selectors to market the Commerce Center properties; work with Indian River State College (IRSC) in developing further technical training courses to assist the education of our workforce. 256 AGENDA IX. NEW BUSINESS CONTINUED. A. Midyear Report of Chamber of Commerce of Okeechobee County continued. B. Consider a Temporary Street Closing request submitted by First Baptist Church for Vacation Bible School on July 7 through 11, 2014, re- routing traffic around R.O.C. to enter Southwest 3rd Street from Southwest 6th Avenue, through parking lot, Southwest 4`h Street exit only to Southwest 5'h Avenue from 7:30 A.M. until 8:45 A.M. and 11:30 A.M. until 12:30 P.M., for drop off and pick up- City Administrator (Exhibit 5). C. Consider appointments to the Centennial Celebration Ad Hoc Committee - City Clerk (Exhibit 6). JUNE 17, 2014 - REGULAR MEETING - PAGE 7 OF 8 COUNCIL ACTION - DISCUSSION - VOTE The financial report reflected, Total Assets of $59,965.13 as of June 3, 2014, compared to June 3, 2013, at $56,120.27; Total Liabilities and Equity of $59,965.13 as of June 3, 2014, compared to June 3, 2013, at $56,120.27. Council Member Maxwell stated the Commerce Center is an untapped resource, and a great project to draw future development and jobs. Council Member Williams was pleased that IRSC is working toward technical training to help youth get skills and the necessary certifications. Mayor Kirk thanked Mr. Burroughs for the good report. No official action was requested or required on this item. Council Member Watford moved to approve a Temporary Street Closing request submitted by First Baptist Church for Vacation Bible School on July 7 through 11, 2014, re- routing traffic around the R.O.C. to enter Southwest 3rd Street from Southwest 6th Avenue, through parking lot, Southwest 4th Street exit only to Southwest 5th Avenue from 7:30 A.M. until 8:45 A.M. and 11:30 A.M. until 12:30 P.M., for drop off and pick up; seconded by Council Member O'Connor. Council Member Watford asked Police Chief Davis whether the City would be able to accommodate this request, he answered, yes. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to appoint Magi Cable, Jeanne Enfinger, Dawn Hoover, J.D. Mixon, Antoinette Rodriguez, Sharie Turgeon, and John Williams as Regular Voting Members, and Justin Domer, Katrina Elsken, Donna Gaiser and Susan Giddings, as Advisory Non - Voting Members, to the Centennial Celebration Ad Hoc Committee (CCAHC); seconded by Council Member Williams. Clerk Gamiotea reported by memorandum (Exhibit 6), that a copy of Resolution No. 2014 -02, and a modified version of the citizen board application was sent to each of the ten community organizations. The eleven returned applications was due to the amount of enthusiasm within the community in celebrating the City's centennial. By sending a copy of the resolution, individuals should have a clear understanding of the requirements involved when appointed to serve on the CCAHC. As hoped, several of the applicants represent more than one of the organizations contacted, and additional groups such as the Cattlemen's Association, the Fraternal Order of Police, and the Okeechobee Agri - Council are now being represented as well. 1 1 AGENDA IX. NEW BUSINESS CONTINUED. C. Consider appointments to the Centennial Celebration Ad Hoc Committee continued. 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 whit1ii t i appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. f Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor JUNE 17, 2014 - REGULAR MEETING - PAGE 8 OF 8 257 COUNCIL ACTION - DISCUSSION - VOTE To clarify the purpose of including the First Baptist Church and the First United Methodist Church was due to both celebrating their centennial in 2015, thereby allowing coordinated efforts. Additionally, after the resolution was adopted, the Clerk's Office learned the Okeechobee News will be 100 years old, and Mrs. Elsken returned an application as well. Individuals, regardless of their affiliation with any church or organization, are more than welcome to assist on this project. They may do so by attending the meetings, volunteering with the many events or contests that will be held, or complete an application to specifically be appointed. It is not a requirement, nor the intent by the City, that only those who are part of the organizations listed within the resolution could only be appointed, it is going to require many volunteers. The Council was reminded that the committee members may change along the way, as well as the number of advisory members. However, the Clerk asked that the number of voting members remain the same. In discussing the semantics of hosting a year -long centennial with other municipal clerks, the best advice she received was to have a good group of hardworking go- getters with a strong chairperson to lead them. The Council thanked Clerk Gamiotea for her efforts, they recognize this will cause additional work loads on her and her staff. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:00 p.m. The next regular scheduled meeting is July 15, 2014. INDEPENDENT NMI NEWSPAPERS OKEECHOBEE NEWS 107 S.W. NEWSPAPERS OKEECHOBEE NEWS 107 S. 17th Street, Suite D, Okeechobee, FL 34974 J J STATE OF FLORIDA COUNTY OF OKEEC.1-IOB.EE 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 in the 1.9th Judicial. District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of __ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class rnail 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. Toni Byrd Sworn to and subscribed before rn.e this Notary Public, State of Florida at Large AD k.g l ' ANGIE BRIDGES :+r MY COMMISSION # EE 177653 ''' EXPIRES: April 20, 2016 Bonded Tlw Notary Public Underwriters (863) 763-3134 JLA,ri e (C1 , 'Z C� (11 C C Coit CITY COUNCIL MEETINGS NOTICE IS HEREBY GIVEN that the June 3, 2014, City of Okeechobee City Council Meeting has been cancelled. The next regular City Council meeting will be held on Tuesday, June 17, 2014, 6:00 p.m., or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public Is invited and encouraged to attend. Contact City Admin- istration at 863- 763 -3372, or website, cityofokeechobee.com, to obtain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any dedsion made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 465620 ON 5/30/2014 City of Okeechobee June 17, 2014 Regular City Council Meeting Minutes -Lane 55 SE 3`d Avenue * Council Chambers * Okeechobee, FL 34974 I. CALL TO ORDER - MAYOR: Mayor Kirk called the June 17, 2014, City Council Regular Meeting, to order at 6:00 p.m. II. OPENING CEREMONIES: In the absence of the Very Reverend Edward Weiss, of the Church of Our Saviour, the Invocation was offered by Council Member Williams; the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT Council Member Devin Maxwell PRESENT Council Member Mike O'Connor PRESENT Council Member Dowling R. Watford, Jr. PRESENT Council Member Clayton Williams PRESENT City Administrator Brian Whitehall PRESENT City Attorney John R. Cook PRESENT City Clerk Lane Gamiotea PRESENT Deputy Clerk Melisa Jahner PRESENT Police Chief Denny Davis PRESENT Fire Chief Herb Smith PRESENT Public Works Director David Allen PRESENT IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 20 -Year Longevity Service Award to Fire Lt. Phil Conroy. Chief Smith gave a bio, the framed certificate and $250.00 were presented by Mayor Kirk. B. Present a 20 -Year Longevity Service Award to Fire Lt. Glen Hodges. Chief Smith gave a bio, the framed certificate and $250.00 were presented by Mayor Kirk. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014 Regular Meeting and May 20, 2014 Regular Meeting. Council Member Williams moved; seconded by Council Member Watford. discussion: none. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2014 warrant register: General Fund $341,532.13 Public Facilities Improvement Fund $ 13,400.37 Appropriations Grant Fund $ 98,801.25 FDOT Grant Fund $ 2,280.00 Law Enforcement Special Fund $ 209.00 Council Member Watford moved; seconded by Council Member Williams. discussion: none. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. None. VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:14 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 1107, amending the Comprehensive Plan to provide a Page 1 of 4 definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for each land use category: Single - Family Residential, Multi- Family Residential, Mixed Use Residential, Commercial, Industrial, and Public Facility, relating to using property for livestock, animals, grazing, gardens, hay, and similar type uses - Planning Consultant (Exhibit 1). Council Member O'Connor moved; seconded by Council Member Watford. b) Vote on motion to read by title only. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS • YEA O'CONNOR • YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1107 by title only. Attorney Cook read proposed Ordinance No. 1107 by title only as follows: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE" 2. a) Motion to adopt proposed Ordinance No. 1107. Council Member Watford moved; seconded by Council Member O'Connor. b) Public comments and discussion. Mayor, hear from Planner first. Brisson, of LaRue Planning and Managment, final adoption stage, previous public hearing for transmittal, state agencies have all reported back, there were a few recommendations from DEO, mostly related to the recreation element of the comp plan, and recommend that you adopt without modifications, but address the DEO recommendations in a future amendment, and he agrees with them. Watford, question on the process of adopting, Brisson clarified procedures. {notation /reminder: insert the remarks from the state agencies, list those who reviewed w/o any comments, then those w/ comments, if possible summarize the recommended changes} Mayor asked whether there were any comments or questions from the public, there were none. Council discussion: Watford, went thru this like the perfect sign ordinance. Satisfied with what we came up with. There was an article in the Okeechobee news and I received a call or two by residents on letting livestock being allowed in the city. Know there are pros and cons on that. Thought about it since recd calls. Have the same feelings, were still somewhat of an ag community. We want to allow this for the 4 -H type projects and such. Satisfies and a compromise for what we need to do. c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. B. 1. a) Motion to read by title only proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59 - City Attorney (Exhibit 2). Council Member Watford moved; seconded by Council Member O'Connor. b) Vote on motion to read by title only. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1111 by title only. Attorney Cook read proposed Ordinance No. 1111 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE 11 LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50 -32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1111. Council Member O'Connor moved; seconded by Council Member Williams. Page 2 of 4 b) Public comments and discussion. Mayor asked whether there were any comments or questions from the public, there were none. Mayor to Cook, did you want to add anything? Request came from Finance to increase the fee's that have not been increased since 1995, minimum amount. Devin, not so much related to this increase, but we need to find a better process to help get current vacant buildings, and bringing up to code, the process of what will be required, Mayor added thats a good idea. c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS • YEA O'CONNOR - YEA MOTION CARRIED. C. 1. a) Motion to read by title only proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 3). Council Member O'Connor moved; seconded by Council Member Watford. b) Vote on motion to read by title only. VOTE KIRK - YEA WATFORD • YEA MAXWELL • YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1112 by title only. Attorney Cook read proposed Ordinance No. 1112 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 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, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1112. Council Member O'Connor moved; seconded by Council Member Maxwell. b) Public comments and discussion. Mayor asked whether there were any comments or questions from the public. There were none. Brian, since first reading the school took action to continue their impact fee moratorium too, Mayor, good to know. c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:28 P. M. IX. NEW BUSINESS. A. Midyear Report of Chamber of Commerce of Okeechobee County - Terry Burroughs, President (Exhibit 4). Terry Burroughs, President of the Chamber reviewed the reported that was contained within Exhibit Four. Your Officers page doesn't show Robert Lee, Director at large. Member increased from 152 -234. Second class for applications for leadership program. Published the chamber community guide and directory. Completed 2 different shopping events for the community, Mistletoe Marketplace and Cupid Corner. Hosted monthly power networking breakfasts. Hosted quarterly business after hours. Hosted various financial and insurance seminars for chamber members. Attended the quarterly FACP conference in Orlando. Assisted OHS in the migrant student graduation exercises. Represents Okeechobee County as board member of the treasure coast crime stoppers. Developed website to make both the chamber and economic dev efforts. Member of the FL Research Coast Economic Dev and currently is a char. Assisted in funding the target industry study for 4 county region of the fl reach coast. Attended the FPL powering seminar in Pt St Lucie to understand how to utilize tools provided on the powering website in dev of responses to RFI request. Dev asset map for city and county identifying available industrial properties and amenities. Attened to initial FPL powering seminar in may 2014 with various site selectors whiel understanding how. {notation /reminder: [distributed flyer ), obtained copy for the official record }. Dev 2 page layout in the June 2014 edition of FL trend marketing the Fl Researh Coast withi Okeechobee is featured Future Plans: business of the year award. Increase our membership to 275 members by year end. Crate 2 new event sin the downtown area. Implement second Leadership Okeechobee class in September. Business Dev Activities: Develop market plan for the commerce park. In conjunction with the Florida Research Coast, meet with site selectors to market the commerce park properties. Work with IRSC in developing further technical training courses to assist the education of our workforce. Page 3 of 4 Devin, commerce park is great to and a draw to develop for the future for jobs, small busiensses that called you or the chamber and called you, and seems to be something positive. Terry - consultant Mike Johnson, how much tile he ships out of that plant. Hopefully were on the right tract. Commerce park to get going. Mentioned my favorite topic with the empty grocery store, people don't understand if you live on the North or East part of town you have to pass that store, and can be marketed differently than they are use to. A call center was looking for a place to move into, and unfortunately it didn't work for them with that type of business. Call center doesn't have high paying jobs but it allows more jobs for lessor education. Working on Berman Road to do things, closer to the interstate for distribution. Williams, college is working toward that technical school, going to be a great thing to help the youth get skills and the certification they need to work those jobs. Hope college going to take that and run with it. Terry, working closely with Russ, need to all work together to help the community as a whole. Financial report reflects {notation /reminder: insert info from the financials here} Mayor, thanks for the good report. No official action was requested or required on this item. B. Consider a Temporary Street Closing Request submitted by First Baptist Church for Vacation Bible School on July 7 -11, 2014, re- routing traffic around R.O.C. to enter SW 3' Street from SW6th Avenue, through parking lot, SW 4th Street exit only to SW 5th Avenue from 7:30 AM - 8:45 AM and 11:30 AM - 12:30 PM for drop off and pick up - City Administrator (Exhibit 5). Council Member Watford moved; seconded by Council Member O'Connor. discussion: Watford to Denny, we can accommodate this? Denny: yes. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA C. Consider appointments to the Centennial Celebration Ad Hoc Committee Received applications from: 1. Magi Cable 6. Dawn Hoover 2. Justin Domer 3. Jeanne Enfinger 4. Donna Gaiser 5. Susan Giddings 7. JD Mixon 8. Antoinette Rodriguez 9. Sharie Turgeon 10. John Williams Also received: 11. Katrina Elsken O'CONNOR - YEA MOTION CARRIED. - City Clerk (Exhibit 6). Sent but not returned: 12. Shirley Johnson 13. Mary Beth Cooper Council Member Watford moved; seconded by Council Member Williams, to appoint to the CCAHC Voting members as: 1. Magi Cable 2. Jeanne Enfinger 3. Dawn Hoover 4. JD Mixon 5. Antoinette Rodriguez 6. Sharie Turgeon 7. John Williams Advisory Members as: 1. Justin Domer 2. Donna Gaiser 3. Susan Giddings 4. Katrina Elsken Watford, hope we don't offend anyone, we want as much representation as possible. Members may have to change, and we can add advisory members as necessary. Devin, who do they ask for at the city? They can contact the clerks office, the application is also online. Mike, finally understand why the 2 churches were listed, they have a centennial too. What about church of God? They were contacted, have their 100th a year ago. Any of the churches can submit for an alternate member, or anyone else for that matter. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. Mayor Kirk adjourned the meeting at 7:00 p.m. Page 4 of 4 City of Okeechobee June 17, 2014 Regular City Council Meeting Minutes; 55 SE 3`d Avenue * Council Chambers * Okeechobee, FL 34974 I. CALL TO ORDER - MAYOR: Mayor Kirk called the June 17, 2014, City Council Regular Meeting, to order at 6:00 p.m. II. OPENING CEREMONIES: The Invocation was offered by the Very f the Church of Our Saviour; the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT Council Member Devin Maxwell PRESENT Council Member Mike O'Connor PRESENT Council Member Dowling R. Watford, Jr. PRESENT Council Member Clayton Williams PRESENT City Administrator Brian Whitehall PRESENT City Attorney John R. Cook PRESENT City Clerk Lane Gamiotea PRESENT Deputy Clerk Melisa Jahner PRESENT Police Chief Denny Davis PRESENT Fire Chief Herb Smith PRESENT Public Works Director David Allen PRESENT IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 20 -Year Longevity Service Award to Fire Lt. Phil Conroy. ...i: ,✓.k t(...,.. iii /� t'..F_.t ti .Y f�. ',(. /;.4_,u,� ( B. Present a 20 -Year Longevity Service Award to Fire Lt. Glen Hodges. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2014 Regular Meeting and May 20, 2014 Regular Meeting. Council Member (;/ discussion: 7i t, moved; seconded by Council Member =!'t ) VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA LION CARRIED.' VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2014 warrant register: General Fund $341,532.13 Public Facilities Improvement Fund $ 13,400.37 Appropriations Grant Fund $ 98,801.25 FDOT Grant Fund $ 2,280.00 Law Enforcement Special Fund $ 209.00 Council Member GC moved; seconded by Council Member (!(41) discussion: L) VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CoNR -- -YEA_ ( MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Page 1 of 6 VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINNCE - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6: / P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 1107, amending the Comprehensive Plan to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for each land use category: Single - Family Residential, Multi - Family Residential, Mixed Use Residential, Commercial, Industrial, and Public Facility, relating to using property for livestock, animals, grazing, gardens, hay, and similar type uses - Planning Consultant (Exhibit 1). Council Member moved; seconded by Council Member b) Vote on motion to read by title only. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA c) City Attorney to read proposed Ordinance No. 1107 by title only. Attorney Cook read proposed Ordinance No. 1107 by title only VAC 'ING ND A: ■ONI f. THE A Y OR ' EYW YA .ESCRIB CIT '. • ' EC : S : u1VI • I,S R OR' # INP AT :00 RE OR K. H•B • N/ , F ORID AND'IRE•TI /TH 2. a) O'CONNOR - YEA TION CARk1E9� 0 `PEI'' "TH OR 0 "EEC - ECOU' Y 'L► IDA; P HEREI GE 5 • ITY Motion to adopt proposed Ordinance No. 1107. Council Member X1-1('(,) moved; seconded by Council Member �%j(,� b) Public comments and discussion. Mayor asked whether there were any comments or questions from the public. 1)'/ f. (__ it_ �A /�'� % 1� i ✓ i � 1 � {' % `�'a,2 L�: -t?�c �� ii J e' r t` j 9 i yCt "- -p.0 L('_� /,'J c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA 0' • • ' -_YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Page 2 of 6 B. 1. a) Motion to read by title only proposed Ordinance No. 1111, amending Article II, Local Business Tax, Chapter 50, Taxation, to increase the Business Tax rates and provide correction of language in Sections 50 -32 through 50 -59 - City Attorney (Exhibit 2). Council Member A`(} moved; seconded by Council Member b) Vote on motion to read by title only. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR YEA -MOTION CARRIE:_, c) City Attorney to read proposed Ordinance No. 1111 by title only. Attorney Cook read proposed Ordinance No. 1111 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE 11 LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50 -32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1111. Council Member j0 moved; seconded by Council Member Cr .(t) b) Public comments and discussion. Mayor asked whether there were any comments or questions from the public. JJ ( .�rT jE It k. (/� ) iL ��,,,t 4 iCL,,�C.li, . "-- )t %.4,, . , f /kill iL ' l ,,L L( l "?.. r -t L'..t r ; (i'. ),i{: � � .(qi .if .c. G <. l ;C f.0-- r 1)1 - C2 /1_ c) Vote on motion. VOTE «_% KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'Co - . YEA ._ OTION CARRIED. Page 3 of 6 C. 1. a) Motion to read by title only proposed Ordinance No. 1112, providing for an extension of a moratorium for the collection of Impact Fees from July 1, 2014 to June 30, 2015 - City Attorney (Exhibit 3). Council Member )1,i_ () moved; seconded by Council Member , `� ( -L' b) Vote on motion to read by title only. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA (MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1112 by title only. Attorney Cook read proposed Ordinance No. 1112 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 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, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1112. Council Member „ 1' moved; seconded by Council Member rt/ �' b) Public comments and discussion. Mayor asked whether there were any comments or questions from the public. J c_ 1 /-tit ( ( , �LC c) Vote on motion. VOTE A, °;A,.CL; KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT G :0. M. Page 4 of 6 IX. NEW BUSINESS. A. 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Consider a Temporary Street Closing Request submitted by First Baptist Church for Vacation Bible School on July 7 -11, 2014, re- routing traffic around R.O.C. to enter SW 3rd Street from SW6th Avenue, through parking lot, SW 4th Street exit only to SW 5th Avenue from 7:30 AM - 8:45 AM and 11:30 AM - 12:30 PM for drop off and pick up - City Administrator (Exhibit 5). Council Member i < moved; seconded by Council Member 1/,' - ! VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA (T MOTION CARRIED. C. Consider appointments to the Centennial Celebration Ad Hoc Committee - City Clerk (Exhibit 6). Received applications from: Also received: ,a ° Sent but not returned: LA. Magi Cable 11. Katrina Elsken 12. Shirley Johnson 2. Justin Domer r� 13. Mary Beth Cooper L. 3. Jeanne Enfinger o 4. Donna Gaiser ✓ 5. Susan Giddings ti� `' c1 `'S A. awn Hoover JD Mixon Antoinette Rodriguez iYSharie Turgeon ,,10 -. John Williams t, t(; ltL •fi l r (l_ of ,71 -4y tt, 6tt {I. `�.' Li( ` \ 1 t'° }/; y /l . i'� / k _ -k{(r t, LOI Council Meber members as: 1. 2. 3. 4. 5. 6. 7. Moved; seconded by Council Member (;etc) To appoint the CCAHC Advisory Members as: 1. 2. 3. 4. 5. 6. 7. VOTE ji -1 %)t /;i� %�t.,_�y J I KIRK - YEA WATFORD, EA, / rF t,�L,/c (,LL X. ADJOURN MEETING - Mayor. 7:/6 MAXWELL - YEA WILLIAMS - YEA Mayor Kirk adjourned the meeting at Lii L y r,L Iet`i v,�`t v (Li if, NOR -YE' / , .44. / `A-1,/,,1/4 c <_ (la��z Page 6 of 6 p.m. 01 palUDSaJd CA* poi"- r n I Highlight Timeline on Phil Conroy: - An OHS graduate, Class of 1982 - Obtained his Firefighter Certification from IRSC in 1995 - Began career with the City on May 31, 1994, as a Firefighter /EMT, hired by Chief Tomey -In 1998 he was presented a Distinguished Service Award from Governor Chiles as well as a Certificate of Appreciation by the Brevard County Public Safety Department for his service in Operation Firestorm - In 2007 and 2014 he was appointed by his co- workers to serve on the Employee Grievance Committee -April 1, 2014 he was promoted to the position Lieutenant 5 �� ts., . , -r; on -9 gv q c n. °• r(9 o 0 not...4C2.= 5 5 a. -h v O O N. f'�1 C n, st^ cI-77 La. OO a 4 (; o CD O Q T O n z" 5 O P • N r E _n ro CD .4 N. R o a c r O -Ti o 4 n a. cv G'1 r lil z z 01 paluasa.id at I n Claim so r 1:14.41 Highlight Timeline on Glenn Hodges: - Obtained his Firefighter Certification in 1985 -Began career with the City on June 17, 1994, as a Firefighter /EMT, hired by Chief Tomey -In 1998 he was presented a Distinguished Service Award from Governor Chiles as well as a Certificate of Appreciation by the Brevard County Public Safety Department for his service in Operation Firestorm -Was appointed by his co- workers and served since 1999 as a Trustee on the Firefighters Pension Fund Board -April 29, 2004 he was promoted to Lieutenant Exhibit 1 June 17, 2014 ORDINANCE NO. 1107 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A DEFINITION OF LIMITED AGRICULTURE; AMENDING POLICY 2.1 OF THE FUTURE LAND USE ELEMENT BY LISTING THE ALLOWABLE USES AND APPROPRIATE ZONING DISTRICTS FOR THE SINGLE - FAMILY RESIDENTIAL, MULTI - FAMILY RESIDENTIAL, MIXED USE RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC FACILITY FUTURE LAND USE CATEGORIES; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Planning Act of 2011 provides for communities to amend their adopted comprehensive plan following the expedited state review process; and WHEREAS, the proposed amendments qualify b be submitted uncer the expedited state review prccess; and WHEREAS, Planning Staff has prepared proposed amendments identifying uses and zoning districts that are appropriate to implement the purposes of the various Future Land Use Categories in the Comprehensive Plan and provided data and analysis supporting the proposed amendments; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the proposed amendments; has discussed same at a duly acvertised public hearing on September 19, 2013, and recommends the City Council transmit the proposed amendments to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the C :ty Council; and 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 Presidinc Officer for the City; that: SECTION 1. The City Council for the City of Okeechobee, Florida amends herein the Comprehensive Plan by adding to the List of Definitions a definition for the term Limited Agriculture, to read as follows: Limited Agriculture: Commercial or noncommercial boarding. raisinc and grazing of horses and cattle; noncommercial raising or keeping of hogs, sheep. and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. SECTION 2. That the City Council for the City of Okeechobee, Florida amends herein the Future Lane Use Element of the Comprehensive Plan by modifying Policy 2.1 a -d to read as follows: Policy 2.1: The foilowing land use designations are established for the purpose of managing future growth: a) Single- Family Residential. Permitted uses ate -ene- single - family dweffing- orreaehlot and- structdres- accessory- tothe- residential -ese; include single - family dwellincs, mobile home parks, houses of warship, public and private schools, and public facilities, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with low density resider.tiat Language to be added is underlined Cerrg Ordinance No. 1107 - Page 1 of 6 development such as boa•dirg__houses, bed and brealefasts, adult family care homes. assisted living facilities, community, centers. indoor and outdoor recreation and public utilities may be permissible under certain circumstances. 1. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housirg Policy 1.6, the maximum density for single family development shall be five units per acre. 2. Zoning districts considered appropriate within this future land use category include Rural Heritage (RH), Residential Single - Family One (RSF 1), Residential Mob`le Home (RMH), and Residertial Planned Unit Development (PUD -R). b) Multi - Family Residential. Permitted uses include all uses listed as permissible in the Single- Family Residential future and use category plus apartments, duplexes, condominiums, sngteffamily-hormses; and public facilities, limited agriculture, and accessory uses customary to permissible uses. 1. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multifamily development shall be 11 units per acre. 2. Zoning districts considered appropriate within this future land use cateoory include RH, Residential Single - Family Two (RSF 2). Residential Multiple Family (RMF) and PUD -R, c) Mixed Use Residential. Intended to accommodate and provide flexibility for development of multiple uses within a residential setting. In order for land to be considered for this designation, land requested to be placed it this category shall be a mir.imum of 30 acres. Development within this category would be allowed to be no more than seven and one -half (7.5) dwelling units per gross acre. 1. Aii new development within the Residential Mixed Use Category shall be required to be zoned lvlixed Use Planned Unit Development PUD -ivy es—e— Planned —Development —or Planned- unit - Development. 2. Development within this Residential Mixed Use Category will be required to cluster in order to maximize open space and natural areas. Development within the Residential Mixed Use Category is permitted to be clustered at higher than gross density as loeg as the cross density is not exceeded for the total acreage within the Residential Mixed Use Category. 3. Development within the Residential Mixed Use Category is encouraged to orovide a mix of uses, including a mix of residential types, recreational amenities, civic spaces and convenience and commercial uses intended to serve residents and their guests in order to minimize trips outside the Residential Mixed Use Category. 4. Development is encouraged to provide creative site designs, and clustering is required to provide for greater common open space and mixed -use development. The planning flexibility Language lo be added is underlined 6u Se-le- bie-dereted -is wlr Ordinance Nc. 11107 - Page 2 of 6 Land Uses in Mixed Use provided through the planned development process shall encourage and facilitate creative design techniques. a. Residential Development. These areas shall include single and /or multiple fami.y home site acreage, and shall include, but not limited to. single - family attached and detached; duplexes and two- family units; and town hornes and other multi - family dwelling types. b. Non - residential Development. These areas will include vehicular and pedestrian ways, commercial and institutional areas, club houses and associated facilities. utility buildings, maintenance areas, ternis courts and associated non - residential uses, c. Residential and Non - residential Development acreage may account for no more than 60 percent of the gross area within the Residential Mixed Use Category. Intensity/ and density standards for all uses within this category are set forth in the Intensity /Density table below: Minimum Land Use Mix Maximum % Land Use Mix Maximum Density /Int Residential 45% 50% 7.5 gross du /ac Commercial /Non- residential' 10% 15% .35 FAR' Open Space 40% 53% .25 FAR' 'Floor Area Ratio d. Limited Agriculture. The foregoing use limitations not- withstanding, limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. d e. Open Spaces. These areas will include preserved natural areas, buffers, lakes, parks, golf courses, nature trails, retention areas, conservaticn areas, scenic resources, green hefts, wetlands and associated areas and must account for a minimum of 4C percent of the property within the Residential fvlixed Use Category. Golf course airways will account for no more than 50 percent of the open space of the subject Residential Mixed Use Category. No development (residential/ commercial) structures are intended, but only recreation oriented buildings and/or structures. e f. The owners will employ management strategies in and around any golf course to address the potential for pesticide /chemical pollution of the groundwater and surface water receiving areas. The management practices will include: The use of slow release fertilizers and/or carefully managed fertilizer applications which are timed to ensure maximum root uptake and Language to be added is underlined ten jaagedo-tre•deleted- ie- ss:ruck thrcug`i Ordinance No. 1107 - Page 3 of 6 minimal surface water runoff or leaching to the groundwater; ii. The practice of integrated pest management when seeking to control various pests, such as weeds, insects, and nematodes. The application of pesticides will involve only the purposeful and minimal application of pesticides, aimed only at identified targeted species. The regular widespread application of broad spectrum pesticides Is not acceptable. The management program will minimize, to the extent possible, the use of pesticides, and will include the use of the United States Department of Agriculture Soil Ccnservation Services Soil Pesticide Interaction Guide to select pesticides that have a minimum potential for leaching or loss due to runoff depending on the site- specific soil conditions; iii. The coordination of the application of pesticides with the irrigation practices (the timirg and application rates of irrigation water) to reduce runoff and the leaching of any pesticides and nutrients; iv. The utilization of a golf course manager who is licensed by the State tc use restricted pesticides and who will perform the required management functions. The golf course manager will be responsible for ensuring that the golf course fertilizers are selected and applied to minimize fertilizer runoff into the surface water and the leaching of those same fertilizers into the groundwater; and v. The storage, mixing and loading of fertilizer and pesticides will be designed to prevent /minimize the pcllution of the natural environment. f o. The shorelines of any stormw✓ater management lakes must be sinucus in configuration, and must be sloped or bermed. The littoral zones around the ponds must be planted with native wetland herbaceous plants, and trees or shrubs can be included within the herbaceous plants. At least few. species must be planted. The minimum required number of plants will be one plant per linear foot of lake shoreline as measured at the control elevation water level. The littoral shelf should provide a feeding area for water dependent avian species. 5. As individual zonings to PUD are submitted to the City, they shall include as a minimum the following informa tic n: a. A showieg of the amount o' units as a part of the maximum approved or the parent parcel. b. A Traffic Aneysis submitted verifying that adequate capacity currently exists or will exist prior to the issuance of any Certificates of Occupancy. Language to be added is underlined e ==- feted- is-atruck-ihrotgh Ordinance Nc, 1 107 - Page 4 of 6 6. Any lands Included or amended into the Residential Mixed Use Category must demonstrate the non- existence of urban sprawl by: a. Submitting a fiscal impact study demonstrating a net fiscal benefit to the City. b. Directing new growth to areas where public facilities exist, are planned within the City or County Five Year Capital improvements Plan, or are committed to through a Developer Agreement, or otherwise assured to be funded by the appropriate agency. c. Requiring all development to be connected to central water and sewer, di Commercial. Permitted uses include the full an of offices, retail, personal and business serviceutomotive, wholesale, warehousing, and related commercial activities, and accessory uses customary to permissible uses. Also--p-er; totted - ate- peblic- faeifities— Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities. communications faci;ities, hospitals, group homes. adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, maybe permissible under certain circumstances. 1. Commercial development shall not exceed a Boor area ration of 3.00 and the maximum impervious surface for development within this category shali not exceed 85 percent of the site. 2. Zoning districts considered appropriate within this future lanc use category include Commercial Professional Office (_CPO;, Light Commercial (CLT) Heavy Commercial (CHV) ant Central Business District (CBD). e) Industrial. Permitted uses include large -scale manufacturing or processing activities, alsoperntitted-erre-business offices and schools, wholesaling and warehousing, public facilities. public utilities, limited retail and service uses and off -site signs, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvace yards. fortunetellers, bul{ storage of hazardous materials and manufacturing of chemical or :eater products may be permissiole under certain circumstances. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. 2. Zoning districts considered appropriate within this future land use category include only RH and Industrial (IND). f) Public Facility. Permitted uses include public facilities and uses such as parks, schools, government buildings, fire stations, and other recreational and non - recreational public properties, and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this category shall not exceed 85 percent of the site. Language to be added is underlined canug —teri eieted-is-struck- tivotKatt Ordinance No. 1107 - Page 5 of 6 2. Only the Public Use (PUB) Zoning district is considered appropriate within this future land use category. SECTION 3. Conflict. All ordinances or parts of ordinances in ccnf!ict herewith are hereby repealed. SECTION 4. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unen=orceable. then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. Effective Date. The Effective date of this plan amerdmere, if the amendment is not timely challenged, shall be 31 days afterthe State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the State Lard Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance issued by he Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent tc the State Land Planning Agency. INTRODUCED for first reading of the ordinance for transmittal in accordance with Chapter 9J -11 FAC and F.S. 163.3184(15), at a public hearina this 21" day of January, 2014, James. E. Kirk, Mayor .ATTEST: Lane Gamiotea, CMC. City Clerk PASSED AND ADOPTED on Second and Final Public Hearing this 17th day of June, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea. CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is urderlined eng 'e'deteteel- s-st=tt.k- ktxough Ordinance No. 1107 - Page 5 0` 6 Rick Scott GOVERNOR The Honorable James E. Kirk Mayor, City of Okeechobee City Hall 55 Southeast Third Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: FLORIDA DEPARTMENTJ' ECONOMIC OPPORTUNITY March 5, 2014 Jesse Panucci<o EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Okeechobee (Amendment No. 14- 1ESR), which was received on February 7, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the Department of Economic Opportunity's authorized scope of review that will be adversely impacted by the amendment if adopted. We are, however, providing a technical assistance comment consistent with Section 163.3168(3), F.S. The technical assistance comments will not form the basis of a challenge. They are offered as suggestions which can strengthen the City's comprehensive plan in order to fostera vibrant, healthy community. Technical Assistance Comment: The Department recommends that Future Land Use Element Policy 2.1 be revised to: (1) establish an intensity of use standard for the "indoor recreation" use allowed within the Single - Family Residential future land use category: and (2) establish density of use standards for the residential uses (group homes; adult family care homes; assisted living facilities; and limited residential use associated with a commercial building) allowed within the Commercial future and use category. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such reviewing agency comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be I• :.rich D •r.l rm:i u of Iicil.ornic it .:n hn;ir., 1 ..hl;: cl• i? i i.linpc '07 Ii I .. tirrr,,; I .i'Iaha -<c,, ! ! • . _ ") + i?fia i:? '1 0h lcjl ':'I. 1273 Vie∎% -.rl tiri_I:i∎.l; .r� `,r•r'• +:i.tc_r ,rn, ! I,I_I {t r:,`;•,:.tai:� l :.... c(i1I I l.l. I(C) f I,' (ryr`ry, i''iI The Honorable James E. Kirk, Mayor March 5, 2014 Page 2 of 2 deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, at (850) 717 - 851.0, or by email at scott .rogers @cleo.myflorida.com. Sincerely, Ana Richmond Comprehensive Planning Manager AR /sr Enclosure: Procedures for Adoption cc: Brian Whitehall, City Administrator James G. LaRue, AICP, Planning Consultant, LaRue Planning & Management Services, Inc. Patricia M, Steed, Executive Director, Central Florida Regional Planning Council 186 JANUARY 21, 2014 • REGULAR MEETING • PAGE 3 OF 12 AGENDA �1 COUNCIL ACTION- DISCUSSION • VOTE VI. WARRANT REGISTERS • City Administrator. A. Motion to approve the November 2013 Warrant Register. General Fund 5417,355.83 Public Facilities Improvement Fund $ 16,832.51 Capital Improvement Projects Fund $ 22,930.03 Community Development Block Grant -ED Fund $ 65,604.48 Law Enforcement Special Fund $ 106.03 B. Motion to approve the December 2013 Warrant Register.. General Fund 5480,093.45 Public Facilities Improvement Fund 5 95,473.06 Capital Improvement Projects Fund $ 1,232.24 Community Development Block Grant -ED Fund $ 9,281.39 Council Member Watford moved to approve the November 2013 Warrant Register in the amounts: General Fund, four hundred seventeen thousand, three hundred fifty -five dollars and eighty -three cents (5417,355.63); Public Facilities Improvement Fund, sixteen thousand, eight hundred thirty-tyro dollars and fifty-one cents (516,83251); Capital Improvement Projects Fund, twenty-hvo thousand, nine hundred thirty dollars ( $22,930.00); Community Development Block Grant-Economic Development Fund, sixty-five thousand, six hundred four dollars and forty -eight cents (565,604.48); and Law Enforcement Special Fund, one hundred six dollars (5106.00); seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK •YEA k1AXWELL -YEA O'CONNOR • YEA WATFORD -YEA WILLLAI5S -YEA MOTION CARRIED. Councl Member Watford moved to approve the December 2013 Warrant Register in the amounts:General Fund, four hundred eighty thousand, ninety•threedollars and forty -five cents ($480,093.45); Public Facilities Improvement Fund, ninety -five thousand, four hundred seventy-three dollars and six cents (595.473.06); Capital Improvement Projects Fund, onethousand, twohundredthirty- twodollarsandhventy-fourcents($1, 232.24); Community Development Block Grant•Economic Development Fund, nine thousand, two hundred eighty-one dollars and th irty•nine cents ($9,281.39); seconded by Councl Member Williams. There was no discussion on this item. VOTE VII. AGENDA • Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE TRANSMITTAL - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1107 - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. KIRK -YEA MaxvrELL•YEA O'CONNOR •YEA WATFORD -YEA WILLwas • YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral orwithdrawalof items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE TRANSMITTAL AT 6:20 P.M. Councl Member Watford moved to read by title only, proposed Ordinance No. 1107 ; seconded by Council Member Williams. VOTE KIRK -YEA MAXWELL -YEA O'CONNOR -YEA WATFORD• YEA WILLLALS -YEA MOTION CARRIED. JANUARY 21, 2014 - REGULAR MEETING - PAGE 4 OF 12 187 AGENDA COUNCIL ACTION • DISCUSSION • VOTE VIII. PUBLIC HEARING FOR ORDINANCE TRANSMITTAL CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 1107 by title only. 2. a) Motion to approve for Transmittal to the Slate Department of Economic Opportunity proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide adefinition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for all Land Use Categories. b) Public comments and discussion. Altomey Cook read proposed Ordinance No. 1107 by fide only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING THE CITY'S COMPREHENSNE PLAN; PROVIDING FORA DEFINITION OF LIMITED AGRICULTURE; AMENDING POLICY 2.1 OF THE FUTURE LAND USE ELEMENT BY LISTING THE ALLOWABLE USESANDAPPROPRVATEZONING DISTRICTS FOR THE SINGLE-FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, MIXED USE RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC FACILITY FUTURE LAND USE CATEGORIES; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE" Council MemberWalford moved to approve for Transmittal to the State Department of Economic Opportunity proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for all Land Use Categories; seconded by Council Member O'Connor. City Planning Consultant Mr. Bill Brisson of LaRue Planning and Management Services, reviewed the proposed ordinance and Planning Staff recommendations. The amendments began when inconsistencies between the Future Land Use and Zoning Maps were Identified and outlined in the 2010 Evaluation and Appraisal Report, followed by several Planning Board workshops, hearings, ajoint workshop with the Council, and considerable public input Based on the minutes of September 19, 2013, the Planning Board is unanimously recommending approval. Contained within ExhibitOne is a memorandumdated January9, 2014, from Mr. Brisson, which includes the proposed verbiage for the text amendments, as we as the list of properties currently zoned Holding, those not zoned Holding however, with an Agriculture Tax Exemption, their future land use, existing use, and a map of the City identifying each of the properties. Then, supplemental materials consisting of a summary and explanation of the proposed Land Development Regulation (LDR) amendments, the Planning Board recommendation, and a draft ordinance. The supplemental materials will be considered at a future meeting. However, this was given to assist the Council in their review of how the zoning will be amended and how it coordinates with the Comprehensive Plan. For the record, Council Member Watford noted his family owns property identified on the map, and that he attended the September 19 Planning Board meeting as the Trustee of the property. During the course of discussion, Council was dear they do notwant to jeopardize the 4H, Future Farmers of America, or show animal projects, wanting to make sure students will be able lo participate in raising their livestock animals. Nor do they want to cause an owner to lose their agricultural exemption status. 1881 JANUARY 21, 2014 • REGULAR MEETING • PAGE 5 OF 12 AGENDA COUNCIL ACTION • DISCUSSION • VOTE VIII. PUBLIC HEARING FOR ORDINANCE TRANSMITTAL CONTINUED. A. 2. b) Public comments and discussion continued on motion to approve for Transmittal, proposed Ordinance No. 1107. Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Poky 2.1. In oNerto implement the changes in Future Land Use Policy 2.1, the term Limited Agriculture needs to be adequately defined. The proposal reads: 'Commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of maximum of three in total number of fags, sheep and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or safe.' This definition is also being recommended to adopt in the LDR's. Council Member Maxwell had concerns with the definition being mistakenly applied to aresddential single family and misleading to citizens. Councl Member Watford agreed that the maximum number could be taken out of the definition for the Comprehensive Plans purposes. There were concerns voiced on the definition being too broad as well. Mr. Brisson elaborated, it is better to have broad Comprehensive Plan language; this shows you contemplated alkwing it. Then, the zoning sets the specifics to 1. In essence we are saying 'Nis is that you can do, should the zoning a0ow it; and here are the specifics to it when it is allowed? Fo0owing further discussion, an amendment was offered. Council Member Watford moved to amend No definition of Limited Agriculture in proposed Ordinance No. 1107. by striking out "a maximum of three in total number:" seconded by Council Member Williams. In regards to discussing the proposed changes to Policy 2.1, for the purpose of accommodating limited agriculture, as a permitted use on property designated by the Future Land Use as Single -Family Residential (SFR), Mu10 -Family Residential (MFR), and Industrial (IND). Limited Agriculture Is permitted only as an interim use on Mixed Use Residential (MUR) property. Noting further that limited agriculture uses w0 not be permitted on Commercial (C) or Public Facility (PF) designations. The specific Zoning Districts considered appropriate within each Future Land Use category is required to be listed. One of the forthcoming recommendations in the LDR amendments is to adopt a new Zoning District and Regulations entitled, Rural Heritage (RH) (similar to the 1970'Ho ding' zoning district). and will need to be included in Policy 2.1. The proposal shows RH zoning is appropriate for SFR, MFR, and IND land use designations only. In addition to addressing the limited agriculture amendments, Planning Staff recommends the City provide a more detailed fisting of permitted and special exception uses allowed in each appropriate land use category, as a means of meeting the Community Planning Act requirement, Florida Statute 163.3177(6)(a)1,'... where each future land use category must be defined in terns of uses included .. ' This caused each Land use category to be amended by adding asummary type list of the permitted and special exception uses within the zoning district that is allowed within a specific land use category. AGENDA VIII. PUBLIC HEARING FOR ORDINANCE TRANSMITTAL CONTINUED. A. 2. b) Public comments and discussion continued on motion to approve for Transmittal, proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. JANUARY 21, 2014 - REGULAR MEETING - PAGE 6 OF 12 189 COUNCIL ACTION • DISCUSSION -VOTE To clarify by example, within the Commercial land use, the allowable zonings are Heavy Commercial, Light Commercial, Commercial Professional Office, and Commercial Business District. Each zoning contains two lists, one is permitted uses, the other list, uses by special exception. A summary type list was added in the commercial portion of Policy 2.1 to clearly address what the City allows in each land use category. Council Member Maxwell questioned and strongly objected to this proposal as being extraneous, illustrating that the list of uses is already contained within the zoning districts, adding repetitive specific language in the land use categories will defeat the concept of having broad Comprehensive Plan language, as clarified earlier. Mr. Brisson responded that the current policy does not give much direction in these categories, and the change should eliminate, not cause confusion, as to what is allowed when it is directed in both the Comprehensive Plan and the LDR's. Council Member Maxwell disagreed and suggested the Council postpone action until at least the first hearing on the LDR amendments. The majority of the Council did not agree, and was confident that amendments could be made at the final adoption stage. The LDR amendments are proposed for presentation at one of the February meetings, Since this ordinance cannot be considered for final adoption until reviewed by State Agencies, it is possible that the LDR's could be adopted before these. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The definition, should the motion to amend pass, will read: 'Limited Agriculture: Commercial or noncommercial boarding, noncommercial raising and grazing of horses and cattle; raising or keeping of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale.' VOTE ON MOTION TO AMEND KIRK -YEA MAXWELL• YEA WATFORD • YEA WILLIAtis - YEA O'CONNOR -YEA MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL • No O'CONNOR - YEA WATFORD - YEA WILLIAMS • YEA MOTION CARRIED As AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE TRANSMITTAL AT 7:22 P.M, ''ia.iis.nn: "r4artia, ems n.- i_)' ..s11_ R' -11 Memorandum Exhibit 1 £ ' - n. 21, 201 To: Honorable Mayor and City Council From: Bill Brisson Date: January 9, 2014 Subject: Materials on proposed changes to the Comprehensive Plan as recomrnended by the LPA at its public hearing on September 19, 2013. As a result of the July 18th joint workshop meeting of the City Council and the Planning Board, the Planning Board, sitting as the Local Planninc Agency (LPA), held a public hearing on September 19, 2013 and recommends to the City Council the adoption of the following changes to the-Future Land Use Element of the Comprehensive Pan. The following text provides summaries of the proposed changes. The specific text changes to the Comprehensive Plan follow the summary. Summary of Proposed Amendments to the Comprehensive Plan A. .Add definition for the term "L'mited Agriculture". B. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Single -Fa;r ily Residential future land use category (FLUC) to: (2 provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC, one of which is "limited agriculture." include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC, one of which is the new Pi-1 Dist'rict. C. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the liRulti..Famity Residential FLUC to: ( 1) provide a .nor: detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC, one of which is "limited agriculture." (2) include a listing of tt-re Zoning Districts that are appropriate to implement the purpose of FLUC, acne of which is the nee RH District. D. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Mixed Use Residential FLUC to identify that "limited agriculture" is a permissible interim use in the FLUC. Modify the text of Policy 2.1 of the Future Lana Use Element as it applies to the Commercial FLUC to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC. Stn•islg 17c'dQ Sitter L9 8 (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC. F. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Industrial FLUC to (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC, one of which is "limited agriculture." (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC, one of which is the new RH District. G. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Pubtic Facility FLUC to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC. (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC. 1. PROPOSED CHANGES TO THE 'COMPREHENSIVE PLAN This section deals with the proposed changes to the Comprehensive Plan as they relate to allowable uses in the various future land use categories. New text is underlined and text proposed to be deleted is shown in strikeout format. For emphasis, we have highlighted those changes that relate to the issues revolving about Invited agriculture and /or properties that are currently shown as "H- Holding" on the City's Zoning Map. The table and accompanying tabloid size color map at the end of this rMemora.ndum provide basic information on the properties in the City that are potentially affected by these changes. A. Changes to the List of Definitions in the Comprehensive Plan To implement the changes to Policy 2.1, covered '.n subsection B, following, we propose to add a definition for the term "Limited Agriculture" to page 14 -7 of the List of Definitions in the Comprehensive Plan, to read as follows: "Lisnriited Ai etiltrere: Coinilme;cial ornonconunereial boarding, raising, and grazing of horses and cattle: noncommercial raisin or keeping of a maximum of three in total number of hogs. she. and goats: noncommercial plant and vegetable gardens: and cultivation of hays for use or sale." B. Changes to the Future Land Use Element to provide a more detailed and appropriate listing of the uses and zoning districts that are appropriate in each of the City's Future Land Use Categories. The next six pages show the specific text changes proposed for Policy 2.1 of the Future Land Use Element contained in the City's Comprehensive Plan as amended through December 6, 2011. These changes are intended to accommodate limited agriculture in those future land use categories where lands are presently shown as "H" on the Zoning map; or, lands located in other zoning districts but fcr which an agricultural exemption has been granted by the Okeechobee Property Appraiser. In addition, we have proposed changes intended to more clearly meet the requirement of Sec. 103.3177(6)(a)1 of the Community Planning Act, that each future land use category must he defined in terms of uses included..." . For clarity, we have also identified the specific zoning districts that are appropriate in each future land use category. Ser inn norida l.c::ai Go rnli rus Since 1913S Oibjcctive 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: growth: I._t :I, b The following land use designations are established for the purpose of managing future a) Single-) a nrdy Residential, Permitted uses are ogle- :sixg1c hrn:a t lli -fly eaeh let —and Cruet -tires aeeessc y-- to --t:he sesidontial- e include single-family dwellings, mobile home parks, houses of worship., public and private schools. public facilities, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential develoD-- ment such as boarding' houses, bed & breakfasts, adult family care homes, assisted living, facilities, coiniuuiiity centers. indoor and outdoor recreation and public utilifies may be permissible under certain circumstances. 1. 'Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. Zoning districts co.nsdered appropriate within this future land u.se category include RfI, RS.F 1, I:IAIL, and PUT) -R. b) Multi-family Residential. Permitted uses include all uses listed as permissible in the Single - Family Residential future land use catc o y phis apartments, duplexes, condominiums, single family h -&use ere -1o` line -single family-dwellings, public fticilities, limited agriculture. and accessory uses customary topernzissible uses. 1. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1. 6, the maximum density for multi-family development shall be 11 units per acre. 2. Zoning districts considered appropriate within this future land use category include RH RS F 2.1 MF, and PUD-R. c) Mb_cd Use Residcuatiaf. Intetaded to accommodate end provide flexibility for develop—ilea—it of multiple uses within a residential setting. In order for land to be considered for this designation, land requested to be plated in this category shall be a minimum of 30 acres. Development ,,ithili this category would be allowed to be no ,.nor: than seven and one -half (7.5) dwelling units per gross acre. 1. AL! new development within the Residential Mixed Use Category shall be required to be zoned PUD -.M as a- ? -lanne i v~-:ltrp,nent c.f -g2-ia ed -Unit I3e ; elopmeni ?. Development within this Residential Mixed Use Category will be required to cluster in order to niaxirnize open space and natural areas. Development Scrt,iu Fi aicla l.;x:al Go•.,.;mi :cut: SSrca within the Residential Mixed Use Category is permitted to be clustered at higher than. gross density as long as the gross density is not exceeded for the total acreage within the :Residential Mixed Use Category. 3. Development within the Residential Mixed Use Category is encouraged to provide a mix of uses, including a mix of residential types, recreational amenities, civic spaces and convenience and commercial uses intended to serve residents and their guests in order to minimize trips outside the Residential Mixed Use Category. 4. Development is encouraged to provide creative site designs, and clustering is required to provide for. greater common open space and mixed-use development. The planning flexibility provided through the }Tainted development process shall encourage and facilitate creative design techniques. a. Residential Development. These areas shall include single and /or multiple family home site acreage, and shall include, but not be liinited to, single - family attached and detached; duplexes and two - family units; and town homes and other multi-family dwelling types. b. Non - residential Development. These areas will include vehicular and pedestrian ways, commercial and institutional areas, club houses and associated facilities, utility buildings, maintenance areas, tennis courts Auld associated non- residential uses. c. Residential and Non - .reside tial Development acreage may account for no more than 60% of the gross area within. the Residential Diffixed Use Category. Intensity; and density standards for all uses within this cate- gory are set forth in the Intensity/Density Table below: Per ent Aggregaa•te ai i Use MiV Within the Mixed 'Use r� uttsre Land Use Map Category Lando Uses it Mixed Use l •flaXimi2 <ai]n ' ant —fIIitm % % Land Use Laird lJse lwtzx li' ux Maximum • iihttatasif Residential 45% j 50 %, I 7.5 gross du /fie _x _ Coii1n ieia1/Noi3 -a eside!�Liati 10% 15% .35 FAR ti) Open Space. 40% 53% I .25 FAR `i) t} Floor Ara Ratio 5ei�.in; Llodd. :.c tad Gc -"rcrnmvncs 5inse d. Limited Aariculture. The foregoing use limitations notwithstandhiiu, liri3ltcd aericulture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved plamied development. d e. Open Spaces. These areas will include preserved natural, areas, buffers ?aloes, parks, golf courses, nature trails, retention areas, conservation areas, scenic resources, green belts, wetlands and associated areas and must account for a minimum of 4O0,/ of the property within the Resideniial Mixed Use Category. Golf course fairways 'will account for no ltlore than fifty percent (50 %) of the open space of the subject Residential Mixed Use Category. No development (residential /commercial) structures are intended, but only recreation oriented. buildings and /or structures. e The owners will employ management strategies in and around any golf course to address the potential for pesticide/chemical pollution of the groundwater and surface water -receiving areas. The management practices will include: i. The use of slow release fertilizers and /or carefully managed fertilizer applications which are timed to ensure maximum muin root uptake and minimal surface water runoff or leaching to the groundwater; ii. The practice of integrated pest management when seeking to control various pests, such as weeds, insects, and nematodes. The application of pesticides will .involve only the purposeful and minimal application of pesticides, aimed only at identif :ied targeted species. The regular widespread application of broad spectrum pesticides is not acceptable. The management program will minimize, to the extent possible, the use of pesticides, and will include the use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Interaction Guide to select pesticides that have a minimum potential for leaching or loss due to rtin.off depending en the site - specific soul conditions; iii. The coordination of the application of pesticides with the irrigation practices (the timing and application rates of irrigation water) to reduce runoff and the leaching of any pesticides and nutrients; iv_ The utilization of a golf course manager who is licensed by the Slate to use restricted pesticides and who will perform the required management functions. The golf course manager will be responsible for ensuring that the golf course fertilizers are selected and applied to minimize fertilizer runoff into the surface water and the leaching of those sai:ne fertilizers into the groundwater; and v. The Storage, mixing and loading of fertilizer and pesticides will be designed to prevent/minimize the pollution of the natural environment. f g. The shorelines of any storl "nwater management lakes nli:st be sinuous in configuration, aiicl ►dust be sloped ar bernted. The littoral zones around the ponds must be planted with native wetland herbaceous plants, and trees or shrubs can be included within the herbaceous plants. At least four species must be planted. The minimum required number of plants will be one plant per linear foot of lake shoreline as measured at the Scrv:in;; riorida Lo;ai i:orcr :ullurw.: Siitcv 15:3;'• control elevation water level. The littoral shelf should provide a feeding area for water dependent avian species. 5. As individual zonings to PUD are submitted to the City, they shall include as a minimum the following infatuation: a. A showing of the amount of units as a part of the maximum approved for the parent parcel. 1 >. .A Traffic Analysis submitted verifying that adequate capacity currently exists or will exist prior to the issuance of any Certificates of Occupancy. 6. Any lands included or amended into the Residential Mixed Use Category must demonstrate the non - existence of urban sprawl by: a. Submitting a !fiscal impact study demonstrating a net fiscal benefit to the City. b. Directing new growth to area where public facilities exist, are planned within the City or County Five Year Capital Improvements Plan, or are committed to through a Developer Agreement, cr otherwise assured to be funded by the appropriate agency. c. Requiring all development to be connected to central water and sewer. d) Commercial. Permitted uses include the full range of retail, personal and business services. offices, automotive, wholesale, warehousing, related commercial activities, and accessory uses customary to permissible uses. Also permitted. arepu'blie— f-aeili -ties Other uses related to and consistent with commercial development such as houses of worship. public facilities, public utilities, communications faeilities, hospitals, group homes, adult family care homes. assisted living facilities. and limited residential use associated with a commercial buildinig , may be pcnnissible under certain circumstances. 1. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Zoning districts considered appropriate within this future land use category include CPO, CLT, CI IV and CBD. Industrial. Permitted uses include large -scale manufacturing or processing activities, 11,4se -peiii ed --arm business offices and schools, wholesaling and warehousing. public facilities, public utilities. limited retail and service uses. and off-site sinus. limited agriculture.. and accessory uses customar fio �ertrlissiblc uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers. Milk storage of hazardous materials and manufacturing of chemical or leather products may be permissible under certain circumstances. 5crving Florkfn Lt1G:U Ccvg.vrimvot$ Sbur 2S3S 1. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Zoning districts considered appropriate within this future land use category include only RH and IND. Public: Facility. Permitted uses include public facilities and uses such as parks, schools, government buildings, lire stations, other recreational and non - recreational public properties, and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this categrol-y shall not exceed 85% of the site. 2. Only the PUB Zoning district is considered appropriate within this future land use category. PROPERTIES ZONED "I-4, HOLDING" F U14 Lot/Parcel Characteristics .1]) Ex :stilt. lJ.se(s) L:tr ationt addresses 1 Vacant lots as well as nine single-family homes and one lot with it triplex and two single- Tamil units. } Soinc vacant lots refereed to only by street ittniber. Specific addresses include: 1202 NW 13th St._, 800, S03 804, 806, & 810 NW 12" `th 1 .109 NV: 8U; AV.; 1 100 arid 11T 0 NW 9 Av.; 800, 802, 8)4,806, & 808 NW 11:1: Av. Single- Family Single- Tamil ' _ 16 lots less than 1 *acre 5 vacant lots 1 acre or more 1 vacant parcel 2.2- _acres T 2 1 Whole block is vacant. !_t'c ted on NW `' C. between NW 10th and 11i NW 1 1 Avenues 9 Whole block is vacant. Located on NW 7°i St. between N\ 9.1. and NW 10th Avenues Simile- gamily r Si:lyie- Family 2 vacant parcels., each 2.2 act-es f. v ealit parcel ia; 1..9 acres; F vacant parcel ® E3.3 ... e es 4 Ail properties are vacant. Property is improved pasture referred to only by street number and jgcatec1 between SW 2 and 9 ' Sheets ju;t east Q1'S�� • 101F Av. ci Iwo single-family unit's on Simla lot, large parcel is vacant. Vacant 517 SW 23" St; balance of property has no specific ad1d1't:s but is located in southwest most )art of City on north side of Skit 23'd St. improver pasture between SE 86 and 13 ' s , Streets rest o. Taylor Creek SiiTtglc_ Family Resideeiaial Mixed Use 1 vacant parcel (t [2.9 acres; 1 parcel 1.5 acres, both under Fame ownership 1 vacant parcel ,�Z ' 2 S acres - r 6 Western strip of this lot is part of the parking, for the t on;niei'Ciu1 office use immediately to 137e Wes[ 8.i CG owned by the sante entity. 815 South Parrott Av. Single- Family Pared is 2.2 acres part of which is used Ter a parking lot for adjacent property. Single Family 3105 SE 9th Dr. Sui lc- �. k'a07ii'y' 1 vacant 2.2 acre parcel g Vacant Westernmost paice.i is 802 SE r0" Av.; parcel to cast has no tiddrass. Si wle- Family 1 vacant parcel e 4.7 acres; 1 vacant parcel , 9.9 acres, both tinder same ownership 1? (1 Vacant No address; located south of NE '-icy St. west of Taylor Creek. tingle- Family 1 vacant lot of Bess than one acre Ser"in, 1' orida Loc■:l CCR•t:luJrnc> Since 19S.; Ser nt r'IoricLt Lcc. t Govcr'nnu ;,) Sio.c;a 19 :36 PROPERTIES ZONED "II, HOLDING" ID Existin• Use s Location/Addresses PLUM Lot /Parcel Characteristics 11 Vacant No address; large tract located east o'fTaylor Creek to C!ry limits and south of the railroad c. - 111g1c^.- Family s : vacant 1par•c::9 - ! 56.4 acres 12a Accessory building to building sin�7le- family use i� 649 NE, 6' St. tingle- Family Siuglt - Family 1. vacant lot less than one acre 14 All vacant. No addresses; all properties are vacant and located between NE 9i1' & 1 I Streets and NE 3'l& 5`h .Avenues. 1: v depot lets less than one acre I "- All vacant Only one parcel, has an address, 150 NE 13`I' St.; the balance of the parcels have no addresses; they 1 14th y are located between NE 14 and 12ih Streets Nw•est of Taylor Creels. Single- Family l2 vt9cr� ?'! Cots less than one acre it tot �. i.I ac. PROPERTIES NOT ZONED "H ", IS1J'T WITH AGRICIJLTIURAL EXEPMIF IONS ID Existing; 7Jsc(s) Location/Add PLUM/ Zonfn s l�otlFarcel e(p :1r cie; isfiss A I Improved Pasture 3- i6 -37 -35 -0160 -00010 -0050 I IND /IND Exemption 41.9 ac. z . 1 Itn roved Pasture 2 -2 -^ 1 17 -35- 0.400 - 00006 -13000 1 SF /I'UD -R Ag Exemption, SD.4S ac. _ C lm roved Pasture � 2.,21. 37 35 0Aoo Opt} l2 13000 (I1�1r /l�(tRF ,1g E,xctnpiian, p.97 ac. Ag Exem t ^pion, 8.92 ac. Aa Exetntption.ir_l ; 00 1) ltn• roved Pasture 2- 21- 37- 35 -0A00- 00033 -0000 E Improved Pastur 2- 21.3 7- 33•0A00- •00043 -0000 SF/R .FI sr/RSF: Ser nt r'IoricLt Lcc. t Govcr'nnu ;,) Sio.c;a 19 :36 City of Okeecikobee Properties Potentially Affected by Proposed Clum.ges L si niE j.11 LI ' t11-71,1=i;Pr'''''---■:)t-71)1-7---A1•\: ,r;L---1-' 1 1 1 tiil a i t 11 t 0•-, t FT 1--i 1-11,-Hpit J ix 1 1 t•-- - ----. ----- ..., , - . ,,,• , ,,..‘,.., mitt...!Lit zu f-:-..- -1L ni 111773-17,:i Lt--JE ---1 '1 lit/ //5--- C -- k ...„__I 4,,-,,-.- - . • 7 4,--7-T-Wp_-::: '-'• 1 .,,,,:_ra-J -___L;_:_-tL--,:_-_L-1 -1111--11T-_-•,,,r- LE q F"---6 i" ,.-;TEgir-_4 1-1 1 iir-:.-t E 1 1 L.U. • - , t,„„ 1- IY--1 k _ .....1J [EFT, El if'? El al -i.P EL- FT ---A L-1-71:11, - t-t ii 1-'1: r:Hc_.-4 • fiTEJJ '----14-"-c. , L..... _ _ 1 ,..; _1 _ _ i. riT--_TirilZIT Li.: • *71 -1 r, , .-r- , , .p.: -in . 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I _....1: 17. ;i7r, —,, Pi i.1 . .,--,,-;-. :. 8 nt 111' 4- 4-711 ::-. Er :=1t1Edr-1:. 1 J2,'.., r:-1-7..,._.. :._ 471. : !' '.k..... \,:,-N%-•::\ ,.,5 Lir, 4,;,'). 11,.__Jt_ ,,,,.„ J--.-/ , r . • '-,- -, c •• - • ' s•--)reY:-'A •-• ' ' • -' -...A • -, ___ i. 1,11rr -17-1:1-_---71'' , -,1'.._ I— ' D .'\ - \-(-.),,1L1 - .:.4.1 ..! tt+),Lfil_.,....r ,...11A- ................ 4•1,-.....-2L..:■•■.,.--,- 2r; ■-if,,,:::', LEGENOi ,•-0;1_1.1,■,, 1.-1'-:-3;,-"___:„. 1,_s._ • 1---,3 1. ' I .. . :,. ! 2 (-- p • I \ . •1,1 (-Lc r.•›) I - • > ,› ': t•-__ ,,..1.-.rrt-_, 1 t"ij1 ----r !----i I I! 'Fr 2Ctl Ad Aft1:: ,ii.ss-u•4•. 4----'-i-f' ;1 [ j21 ▪ • 1,, :"1E 'NON 'If Zoned Area l•-/, •2.1). wiAg Exerrfibun • -7-11 r 4, 1-• . 1 —17- ' Furii-Ma L_Emd Liss swerLE_ FAI141ty ILLTI - FAMILY COMMERCIAL irMUSTRIAL. Unuc FACILITIES RESIDENTIAL MIXED USE 0.3 0.1:5 C .3 Miles ".` INDEPENDENT _ N NEWSPAPERS OKEECHOBEE NEWS I,)7 1V 1 STATE OF FLORIDA COUNTY OF OKEECHOBEE J E S(rcel, Suite L), Okccc!,,,b, FI 34374 063) 7633134 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 tltaiter 31 in the 17th 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. Toni Byrd Sworn to and subscribed before me this 7 day of •,1 AD Notary Public, State of Florida at Large ANGIE BRIDGES —� v COMMISSION # EE 1775:3 EXPIRES: April 20, 2016 TInv May PuhicUnaermite PUBLIC HEARING NOTICE AMENDING THE CITY OF OKEECHOBEE, FL COMPREHENSIVE PLAN NOTICE: The City Council of the City of Okeechobee, will on Tuesday, June 17, 2014, at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, conduct a Public Hearing to consider final reading for ADOPTION of the following Ordinance into law: No. 1107: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A DEFINITION OF LIMITED AGRICULTURE; AMENDING POLICY 2.1 OF THE FUTURE LAND USE ELEMENT BY LISTING THE ALLOWABLE USES AND AP- PROPRIATE ZONING DISTRICTS FOR THE SINGLE - FAMILY RESIDEN- TIAL, MULTI - FAMILY RESIDENTIAL, MIXED USE RESIDENTIAL, COM- MERCIAL, INDUSTRIAL, AND PUBLIC FACILITY FUTURE LAND USE CATEGORIES; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. This Ordinance proposes to amend the Comprehensive Plan as follows: • Provide a definition for Limited Agriculture. • Amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for each land use category: Single -Fam- ily Residential, Multi - Family Residential, Mixed Use Residential, Commercial, Industrial, and Public Facility, relating to using property for livestock, animals, grazing, gardens, hay, and similar type uses. The Public and all interested parties, calling SPECIAL ATTENTION TO any 4 -H or FUTURE FARMER OF AMERICA MEMBERS who raise LIVESTOCK and /or FOWL for Exhibits, LIVESTOCK SHOWS, and /or COUNTY FAIRS; or any PERSONS with LIVESTOCK or FOWL on property within the City Limits are encouraged to attend the meeting and be heard. Comments may be sub- mitted orally or in writing before or at the hearing. The proposed amendments may be viewed on the City website, cityo- fokeechobee.com, or at the Office of the City Clerk, during normal business hours, at the address above. ANY PERSON DECIDING TO APPEAL any decision made by the City Coun- cil with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the tes- timony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or-opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Published BY: Lane Gamiotea, CMC, City Clerk Exhibit 2 June 17, 2014 ORDINANCE NO. 1111 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ARTICLE II LOCAL BUSINESS TAX, IN CHAPTER 50, TAXATION, OF THE CODE OF ORDINANCE FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59, LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4); PROVIDING FOR CORRECTION OF LANGUAGE WITHIN SECTIONS 50- 32 THROUGH 50 -59, BY REMOVING ALL REFERENCES RELATED TO THE TERM OCCUPATIONAL LICENSE, AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 50, Article II of the Code of Ordinances for the City of Okeechobee, Florida, provides for the imposition and regulation of Local Business Taxes, in accordance with Florida Statute Chapter 205; and WHEREAS, the City of Okeechobee completed a Business Tax Equity Study in 1995, and thereby permits the municipality to increase or decrease local business tax rates of up to 5 percent on alternating years, in accordance to Florida Statutes Chapter 205.0535(4); and WHEREAS, the City Council of the City of Okeechobee, has not increased the local business tax rates since the adoption of Ordinance No. 697 on July 27, 1995, and has determined it to be in the best interest of the City of Okeechobee to enact a 5 percent increase in the amount of the local business tax rate applicable to all categories of local business' as set forth in Section 50 -59 of the Code of Ordinances; and WHEREAS, by State Legislative action effective January 1, 2007, the term "Local Business Tax" was deemed to be more appropriate than "Occupational License Tax," and such action caused the City of Okeechobee to adopt Ordinance No. 977 on March 6, 2007, amending the same terminology within Chapter 50 of the Code of Ordinance. However, variations of the term occupational license were not entirely replaced throughout Sections 50 -32 through 50 -59 of the Code of Ordinances. In an effort to clarify conflicting terms, and to not cause confusion, all language pertaining to references of occupational license, or licensee, will be amended appropriately. 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: Section 50 -59 in Article II Local Business Tax, within Chapter 50 Taxation, of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted as follows: Section 50 -59. License Local Business Tax Schedule. The following enumeration of license local business taxes shall be paid to the City by the persons engaging in occupations, professions, trades, business, and pursuits named. The license local business tax is to be an annual tax, except as otherwise stated. Language to be added is underlined Language to be deleted is to be ate., 1, tl.,ougl, Ordinance No. 1111 - Page 1 of 11 100 AGRICULTURE AND FORESTRY 101 Lawn /yard /landscape $30.00 $ 31.50 200 CONSTRUCTION Contractors: Contractors $ 75.00 $ 78.75 Subcontractor $ 50.00 $ 52.50 300 MANUFACTURING 301 Manufacturers . 00 $ 78.75 302 Cement bulk plants $ -5.00 $ 78.75 400 TRANSPORTATION, COMMUNICATION, AND UTILITY SERVICES 401 Radio /TV stations $ -65.06 $ 68.25 402 Septic tank service $ 50.00 $ 52.50 403 Transportation: rail, bus and truck $ 85.00 $ 89.25 Utilities: 404 Electric $135.00 $141.75 405 Telephone $ 05.00 $ 89.25 406 Telegraph $ -85.00 $ 89.25 407 Refuse or trash removal company $*00.00 $105.00 408 Cablevision $125.00 $131.25 500 RETAIL AND WHOLESALE SALES 501 Manufactured home sale $ 75.00 $ 78.75 502 Retail sales - not as primary business $ 25.00 $ 26.25 Retail sales - primary business: 503 1 -4,999 gross square feet $-7-5700 $ 78.75 504 5,000- 10,000 gross square feet $100.08 $105.00 505 10,001- 50,000 gross square feet $-1-50:00 $157.50 506 Over 50,000 square feet $500.00 $525.00 507 Dealers, new and used (auto, boat, etc.) $ -75700 $ 78.75 508 Gasoline dealers, liquid petroleum, etc. $ -60.00 $ 63.00 509 Gas plants (bulk) $- -85700 $ 89.25 510 Bakeries $ -50.00 $ 52.50 511 Auction sales $150.00 $157.50 512 Florists $-5000 $ 52.50 513 Adult book/video entertainment $566.06 $525.00 600 EATING AND DRINKING PLACES 601 Bars /lounges /pubs $300.06 $315.00 Food Services: 602 1 -25 occupancy $-30.00 $ 31.50 603 26 -149 occupancy $- -75:00 $ 78.75 604 150 -249 occupancy $175.00 $183.75 605 More than 250 occupancy $*85.00 $194.25 606 Fast food service $225.00 $236.25 607 Delicatessen /snack bar $-50700 $ 52.50 700 FINANCE, INSURANCE AND REAL ESTATE 701 Banks /savings and loans /credit union $1225 700 $131.25 702 Finance companies $125.00 $131.25 703 Abstract/title company $ -30.00 $ 52.50 704 Business /management/consulting $ -30.00 $ 52.50 705 Accounting /tax service $ -56:69 $ 52.50 706 Bail bondsman $ -50.00 $ 52.50 710 Insurance: 711 Each company writing $ -50790 $ 52.50 720 Real estate $ 52.50 721 Real estate brokerage $ -50.00 $ 52.50 730 Mortgage broker: 731 Brokerage $9:00 $ 52.50 Language to be added is underlined Language to be deleted is to be Ordinance No. 1111 - Page 2 of 11 740 Investment firms: 741 Brokerage $ -50.06 $ 52.50 800 SERVICES 801 Advertising $ 50.00 $ 52.50 802 Answering service $ 30.00 $ 31.50 803 Car wash /detail service $-30.09 $ 31.50 804 Catering business $-35.00 $ 36.75 805 Cleaning /maintenance /janitor services $ -30.00 $ 31.50 806 Collection agency $-35.00 $ 36.75 807 Court reporting service $ -50.00 $ 52.50 808 Detective agency $-5497(36 $ 52.50 809 Dry cleaners $ 50.00 $ 52.50 810 Employment agency $ 35.00 $ 36.75 811 Express /shipping company $ 35.00 $ 36.75 812 Funeral home $ 05.00 $ 89.25 813 Health spas /exercise $ 50.00 $ 52.50 814 Job printing $ -50:96 $ 52.50 815 Laundries /Laundromats $ 35.00 $ 36.75 816 Locksmith $ 35.00 $ 36.75 817 Pest control service �9 $ 52.50 818 Photography studio $-09 $ 52.50 819 Repair service - miscellaneous $ -35.00 $ 36.75 820 Tanning beds /booths each $-25.96 $ 21.00 821 Travel agency $- -50.06 $ 52.50 822 Upholstery shop $ -50.06 $ 52.50 823 Water treatment service $-50.00 $ 52.50 824 Wrecker service $ -50.00 $ 52.50 825 Vehicle repair service $ -50.00 $ 52.50 826 Machine shop $ -50.09 $ 52.50 900 RECREATION FACILITIES 901 Amusement Park $200:90 $210.00 902 Amusement Parlor $ 75.00 $ 78.75 903 Per machine additional $ 5:66 $ 5.25 904 Auto vending machine, each $ 5.00 $ 5.25 905 Bowling alley $ -85:90 $ 89.25 906 Golf course - 9 hole $ 75.00 $ 78.75 907 Second 9 holes $ 50.00 $ 52.50 908 Separate driving range $-5700 $ 5.25 909 Shows /circus /carnival, daily $100.00 $105.00 910 Skating rink $100 706 $105.00 911 Theater - (15` screen) $406:06 $105.00 912 Each additional screen $ 50.00 $ 52.50 913 Pool tables (each) $ 20.00 $ 21.00 1000 RENTALS 1001 Automobile /truck/trailer $ -50.06 $ 52.50 1002 Apartment, multiple one -story dwelling, town house and condominiums $- -50:90 $ 52.50 Plus per unit charge $ 3.00 $ 3.15 1003 Equipment rental $-50700 $ 52.50 1004 Public lodging $-25700 $ 26.25 Plus per bed charge $ --1.09 $ 1.05 1005 Commercial property per unit rented $-25700 $ 26.25 1006 Warehouses $36700 $ 31.50 1007 Mobile home parks $- 25.06 $ 26.25 Per space (additional) $ 2.00 $ 2.10 1009 Clothes rental $-25706 $ 26.25 1010 Video rental $ 50.00 $ 52.50 Language to be added is underlined Language to be deleted is to be Ordinance No. 1111 - Page 3 of 11 2000 PROFESSIONAL 2001 Each person holding a professional license $ -6.90 $ 52.50 2002 Hospital /nursing home $ 55.00 $ 57.75 2003 Medical /dental facility $ 50.00 $ 52.50 2004 Barbershop /beauty shop $ -35.00 $ 36.75 2005 Each additional operator $ -8709 $ 18.90 3000 NON - CLASSIFIED 3001 Auctioneers $ 75.00 $ 78.75 3002 Child care centers $ 50.00 $ 52.50 3003 Dance hall $ 75.00 $ 78.75 3004 Fortuneteller /palmist $27 -5.90 $288.75 3005 News companies $1-50.00 $157.50 3006 Pawnbrokers $200.00 $210.00 3007 Studios, dance /karate $ 50.00 $ 52.50 4000 Any other business not listed above $- -50.09 $ 52.50 SECTION 2: Sections 50 -32 through 50 -58 in Article II Local Business Tax within Chapter 50, Taxation of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted as follows: Section 50 -32. rice Local business tax imposed. (3) Any person who does not qualify under the provisions of subsections (1) or (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license local business tax is not prohibited by Section 8 of Article I of the United States Constitution. Section 50 -33. Presumption of engaging in business; liability forficense local business tax. In any prosecution under this article, any sign, advertisement, building occupancy of commercial property, directory listing or activity indicating that a business, calling, profession or occupation is being conducted at a location within the City, shall be prima facie evidence that the person is liable for a license local business tax and the burden shall be upon the defendant to rebut the same. Section 50 -34. License Local business tax expiration; limited to one year; partial -year licenses local business taxes. All licenses local business taxes shall expire on September 30 of each year. No liccnsc local business tax shall be issued for more than one year, and for each license local business tax obtained between October 1 and October 21, the full tax for one year shall be paid except as provided in this article, and for each ficensc local business tax obtained between November 1 and September 30. The tax to be paid shall be calculated by adding the number of months from the month in which the premises to be taxed opens for business through the month of September and multiplying that sum by one - twelfth (1/12) of the full tax for one year for such license local business tax, but in no event shall less than one - twelfth (1/12) tax be paid for any license local business tax. Section 50 -35. Time for sale of licenses local business taxes; when due and payable. All licenses local business taxes shall be sold by the Department of Finance beginning August 1 of each year and shall be due and payable on or before September 30 and shall expire on September 30 of the succeeding year. The license local business tax may be paid on the first business day following the last day of the month without penalty, provided that the last day of the month falls on a weekend or holiday. Section 50 -36. Issuance of license local business tax. (a) No person shall engage in any business, profession, occupation, trade, Language to be added is underlined Language to be deleted is to be s Ordinance No. 1111 - Page 4 of 11 amusement or industry within the City without first having procured a license local business tax from the City which ficensc shall be issued to each person on receipt of the amount provided and after any such qualifications, licenses, permits, or requirements have been met in accordance with City and all other governmental entities including County, Federal and State with the issuance or denial being finalized by the City. The receipt of license local business tax shall expire at the end of the period for which the license local business tax is issued as specified in this article. All City franchise operations shall be required to maintain an local business tax even if the office is not located within the City limits. (b) New license local business tax application. An applicant for art occupatienal license a local business tax shall submit a completed application and a non- refundable administrative or processing fee of $10.00. Upon acceptance of a completed application, the application shall have approval from the building official for approval of proper zoning and building regulations, the fire department for inspection and compliance with the fire codes, the police department for compliance with the applicable safety codes, the local sanitation company for verification of garbage solid waste disposal and the public utilities utility authority for compliance of water /sewer regulations. Each of the departments and companies listed in this section must have approved the application prior to issuance of Iieense the local business tax. (c) Whenever any business, occupation or profession shall fall into more than one of the classifications contained in the schedule set forth in this article, such occupation, business, or profession, shall be required to comply with the license local business tax requirement and to pay the license local business tax imposed under or pertaining to each classification or privilege. Further, a license local business tax shall be obtained in the manner prescribed in this section for each branch establishment or location of the business within the City engaged in, as if each such branch, establishment, or location were a separate business. (d) For the retail sales classification, the City shall determine the square footage of each establishment subject to this tax by measuring the interior gross floor dimensions of the establishment from wall to wall, and not excluding any interior partitions, restroom facilities, storage areas, counter space, display counters, or other interior structures. Any licensee business may contest and appeal the determination of square footage by requesting the City to review, and recalculate, if necessary, the determination. If such procedure and determination is not satisfactory, the licensee-business may then request to be placed on the agenda with the City Council, who shall hear the complaint, and whose decision shall be final. Section 50 -37. Prerequisites to issuance of certain licenses local business taxes. Each person required to pay a licensc local business tax by this article shall report all information necessary for a proper determination of the amount, and type, of eeerpatienaf local business tax due. No otettpatieftaFfieense local business tax shall be issued to any person otherwise required by ordinance of the City or laws of the state to have a certificate of competency, a permit, or to have passed an examination before engaging in business or profession, until proof of such compliance is furnished to the City. Further, each applicant shall provide proof of ownership of the business, either by articles of incorporation, or compliance with the fictitious name statute, or when operating under the proper name of the applicant. Section 50 -38. Authority of city regarding liccnsc& local business taxes. The City shall have the authority to make such investigation and inspection of the place of business and records of the person required to pay the local business tax in order to verify any information received from the applicant, ascertain the type and size of business to determine type of license local business tax, equipment, inventory, employees, or such other data as needed to process the Language to be added is underlined Language to be deleted is to be 5 ..F th.v l, Ordinance No. 1111 - Page 5 of 11 license local business tax. The City shall have the authority, as may be permitted by law, to enter, free of charge, during business hours, any place of business in connection with which a license local business taxis imposed under this article, and to request exhibition of the last license local business tax paid, and to produce such records and information as allowed in this article. If the applicant, after written request of the City, refuses to comply, or allow such investigation, the City, after due consideration of all information, concerning the business and activities of the applicant, may make an assessment of any taxes estimated to be due, and the amount so assessed, until otherwise verified by audit, shall be deemed to be the amount oflicense local business tax imposed. This shall not preclude the imposition of any other penalty as may be allowed by this article. Section 50 -39. Transfer of license business license tax. (a) No license local business tax shall be transferred from person to person or place to place, or the business name or classification changed except, upon the consent of the City in writing. (b) Any local business license tax may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of up to ten percent of the annual license local business tax, but not less than $3.00 nor more than $25.00, and presentation of the original license local business tax and evidence of the sale. (c) Upon written request and presentation of the original, license the local business tax, any Iieense may be transferred from one location to another location in the City upon payment of a transfer fee of up to ten percent of the annual license local business tax, but not less than $3.00 nor more than $25.00. (d) In the event of the death of the licensee business owner; the failure of the business; or such other unanticipated interruption in the carrying on of the business, the balance of period of time for which the license local business tax would otherwise be valid may be transferred to a new owner as provided in this section, with the consent of the City and payment of the transfer fee, but in no event shall any such unused portion of the license local business tax be refunded by the City. Section 50-40. Fraudulent license local business tax void ab initio. Any license local business tax issued upon any false statement made under oath shall be considered as void ab initio and shall not protect the holder thereof from prosecution from transacting business without a license local business tax. Section 50-41. Revocation of license local business tax; right to appeal. The City reserves the right to revoke, or refuse to issue, reissue or transfer, any license local business tax sought under this article for cause. The term "cause" is defined as a violation of any provision of this article, municipal or county ordinance, or law of the state by the lieeneee business, his employees or agents; that the issuance, re- issuance, or transfer of such license local business tax is not in the interests of public health, safety, or welfare; or that it appears the business methods of work conducted or carried on by the licensee business is being conducted or carried on through unfair or fraudulent methods, to the detriment or damage to the public health, safety or welfare. Such revocation, refusal to issue, reissue, or transfer shall occur only after written notice of intent to revoke, or intent to refuse to reissue or transfer, is provided to the licensee business. The licensee business shall have the right to appeal this intent to the City Council within ten days of receipt of such notice, by notifying the City Administrator in writing of this appeal. The City Council, within 15 days thereafter, shall include this appeal on the regular agenda for public hearing, to determine if such refusal to issue, reissue, transfer, or intent to revoke a license local business tax is in the public interest. The licensee business shall be given written notice of his hearing at least five days prior to such meeting, and of this right contest the action. The City Council, after hearing from all interested parties, by majority vote, shall either sustain the position of the City Language to be added is underlined Language to be deleted is to be sMougtr Ordinance No. 1111 - Page 6 of 11 Administrator, or order the Administrator to not revoke the license local business tax or to issue, reissue, or transfer such license local business tax. Section 50-42. License Local business tax to be displayed. The licensee business owner shall keep his-license the local business tax displayed conspicuously at the place of business in such manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the City. Section 50-43. Penalties for violation ofiieense local business tax regulations. (a) Liccnec;, Local business taxes that are not renewed when due and payable are delinquent and subject to a delinquency penalty of 10 ten percent for the month of October, plus an additional five 5 percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the local business tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local deettratianaFfieense business tax, if required, is subject to a penalty of 25 percent of the license local business tax due, plus a surcharge of $75.00 in addition to any other penalty provided by law or ordinance. Section 50-44. Exemptions; motor vehicles. Vehicles used by any person licensed under this article for the sale and delivery of tangible personal property at either wholesale or retail from his place of business on which a license local business tax is paid shall not be construed to be separate places of business, and no tieense local business tax may be levied on such vehicles or the operators thereof as salespersons or otherwise by a county or incorporated municipality, any other law to the contrary notwithstanding. Section 50-45. Farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products; certain exemptions. (a) No local occupational ieense business tax shall be required of any natural person for the privilege of engaging in the selling of farm, aquacultural, grove, horticultural, floricultural, tropical piscicultural, or tropical fish farm products or products manufactured therefrom, except intoxicating liquors, wine, or beer, when such products were grown or produced by such natural person in the state. (b) A wholesale farmer's produce market shall have the right to pay a tax of not more than $200.00 for a license local business tax that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual local business taxes to so engage. Section 50-47. Exemption allowed certain disabled persons, the aged, and widows with minor dependents. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000.00, shall be allowed to engage in any business or occupation in counties in which they live without being required to pay for a licen3c local business tax. The exemption provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption is disabled, the nature and extend of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof, be issued a license which shall have plainly stamped Language to be added is underlined Language to be deleted is to be at,,., ti n,,.,,.yt, Ordinance No. 1111 - Page 7 of 11 or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (b) In no event under this section or any other law shall person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license local business tax to sell intoxicating liquors or malt and vinous beverages. Section 50-48. Exemptions allowed disabled veterans of any war or their unremarried spouses. (a) Any bona fide, permanent resident elector of the state who served as an officer or enlisted person during any of the periods specified in FS 1.01(14) in the Armed Forces of the United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the air force, army, navy, coast guard, or marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States, and who at the time of his application for a liccn ° local business tax as mentioned in this section shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the state, and production of an honorable discharge from the service of the United States: (1) Be granted a license local business tax to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the licensee business as a means of livelihood and for which the state, county, or municipal- license local business tax does not exceed the sum of $50.00 for each without payment of any liccnme local business tax otherwise provided for by law; or (2) Be entitled to an exemption to the extent of $50.00 on any license local business tax to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the licensee business as a means of livelihood when the State, County, or municipaNicenee local business tax for such business or occupation shall be more than $50.00. The exemption heretofore referred to shall extend to and include the right of licensee business to operate an automobile- for -hire of not exceeding five- passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee business owner and is being operated by him them as a means of livelihood and that the proper license local business tax for the operation of such motor vehicle for private use has been applied for and attached to such motor vehicle and the proper fees therefor paid by the licensee business. (b) When any such person shall apply for a license local business tax to conduct any business or occupation for which either the county or municipal-license local business tax as fixed by law shall exceed the sum of $50.00, the remainder of such license local business tax in excess of $50.00 shall be paid in cash. (c) Each and every tax collecting authority of this state and of each county thereof and each municipality therein shall issue to such persons as may be entitled under this section a license local business tax pursuant to the subsection (b) of this section and subject to the conditions thereof. Such license local business tax when issued shall be marked across the face thereof "Veterans Exempt License" - "Not Transferrable." Before issuing the license local business tax, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption provided for in this section. The proof may be made by establishing to the satisfaction of such tax collecting authority by means of certificate of Language to be added is underlined Language to be deleted is to be strack-tirrotrefir Ordinance No. 1111 - Page 8 of 11 honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting: (3) The certificate of the veteran's service officer of the county in which applicant lives, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license local business tax within the meaning and intent of this section; All licenses local business taxes issued under this section shall be in the same general form as other State, County, or local business taxes and shall expire at the same time as such other licenses local business taxes are fixed by law to expire. (d) AU licenses local business taxes obtained under the provisions of this section by the commission of fraud upon any issuing authority shall be deemed null and void. Any person who has fraudulently obtained any such fieense local business tax, or who has fraudulently received any transfer of a license local business tax issued to another, and has thereafter engaged in any business or occupation requiring a license local business tax under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required license local business tax under the laws of the state. Such license local business tax shall not be issued in any county other than the county wherein such veteran is a bona fide resident citizen elector, unless such veteran applying therefor shall produce to the tax collecting authority in such county a certificate of the tax collector of his home county to the effect that no exemption from license local business tax has been granted to such veteran in his home county under the authority of this section. (e) In no event, under this or any other law, shall any person, veteran or otherwise, be allowed an exemption whatsoever from the payment of any amount required by law for the issuance of a license local business tax to sell intoxicating liquors or malt and vinous beverages. Section 50-49. Religious tenets; exemption. Nothing in this article shall be construed to require a license local business tax for practicing the religious tenets of any church. Section 50 -50. Charitable organizations; occasional sales; fund - raising; exemption. No local business tax shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fund - raising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. Section 50 -51. Mobile home setup operations; local license business tax prohibited; exception. No county, municipality, or other unit of local government may require a duly licensed mobile home dealer or a duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as defined in FS 320.822 to be licensed to engage in such operations. However, such dealer or manufacturer shall be required to obtain a local business tax for his or her permanent business location or branch office, which iieense local business tax shall not require for its issuance any conditions other than those required by FS Ch. 320. Section 50 -52. Prohibition of local business tax without exhibition of state license or registration. (a) Any person applying or renewing a local business tax Language to be added is underlined Language to be deleted is to be at,.,.. Ordinance No. 1111 - Page 9 of 11 to practice any profession regulated by the State Department of Business and Professional Regulation, or any board or commission thereof, must exhibit an active state certificate, registration, or license, or proof of copy of the same, before such local occupational liccnso business tax may be issued. Thereafter, only persons applying for the first time for a local occupational liccnoo business tax must exhibit such certifications, registration, or license. (b) The State Department of Business and Professional Regulation shall, by August 1 of each year, supply to the City a current list of professions it regulates and information regarding those persons for whom local business tax should not be renewed due to the suspension, revocation, or inactivation of such person's state license, certificate, or registration. The City shall not renew such license local business tax unless such person can exhibit an active state certificate, registration, or license. Section 50 -53. Pharmacies and pharmacists. The City shall not issue an occupational licence a local business tax to operate a pharmacy unless the applicant shall first exhibit a current permit issued by the State Board of Pharmacy; however, no such local business tax shall be required in order to practice the profession of pharmacy. Section 50 -54. Assisted living facilities. The City may not issue a local business tax for the operation of an assisted living facility pursuant to Part III of FS Ch. 400 without first ascertaining that the applicant has been licensed by the State Agency for Health Care Administration to operate such facility at the specified location. The State Agency for Health Care Administration shall furnish to local agencies responsible for issuing local business taxes sufficient instructions for making the above required determinations. Section 50 -55. Prerequisite for issuance of pest control occupationaFlicense local business tax. The City may not issue a local business tax to any pest control business coming under FS Ch. 482, unless a current license has been procured from the State Department of Agriculture and consumer Services for each of its business locations in the City. Upon presentation of the requisite licenses from the Department and the required tax, a local business tax shall be issued by the City. Section 50 -56. Health studios; consumer protection. The City shall not issue or renew an a local business tax to engage in business as a seller of travel pursuant to Part XI of FS Ch. 559 unless such business exhibits a current registration or letter of exemption from the State Department of Agriculture and Consumer Services. Section 50 -58. Telemarketing businesses; consumer protection. The City may not issue or renew a local business tax for the operation of a telemarketing business under FS 501.604 and 501.608, unless such business exhibits current license or registration from the State Department of agriculture and Consumer Services or a current affidavit of exemption. 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 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. Language to be added is underlined Language to be deleted is to be strnsirthravgtr Ordinance No. 1111 - Page 10 of 11 SECTION 5: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 20`h day of May, 2014. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 17`h day of June, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is to be at, .k tl".,.yl. Ordinance No. 1111 - Page 11 of 11 INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite 0, Okeechobee, FL 34974 J J 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 � •, ,. , , ��� � _ r .. �; ' °�,_ in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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. Tom Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large AD " ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20 2016 od -.. Bonded Thru Notary Public Underwriters (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE INCREASE IN LOCAL BUSINESS TAX RECEIPT FEE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, June 17, 2014 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUBLIC HEARING to consider final reading for adoption of the following Ordinance into law: No. 1111: AN ORDINANCE OF THE CITY OF OKEECHOBEE, TER R50, TAXATION, OF THE CODE LOCAL ORDINANCE FOR FOR THE CITY OF OKEECHOBEE; PROVIDING FOR A 5 PERCENT INCREASE IN THE BUSINESS TAX RATE APPLICABLE TO ALL CATEGORIES OF LOCAL BUSINESS' AS SET FORTH IN SECTION 50 -59 LOCAL BUSINESS TAX SCHEDULE, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 205.0535(4 • PROVIDING FOR CORRECTION OF LAN- GUAGE ALL REFERENCES CNCES RELATEDOTO TO TERM OCCUPATIONAL OT RLI CENSE,AND REPLACING WITH THE APPROPRIATE REFERENCE OF LOCAL BUSINESS TAX; PROVIDING FOR CONFUCTS, PROVIDING FOR SEVERABILTTY; AND PROVIDING FOR AN EFFECTIVE DATE. The Ordinance proposes to increase tax rates for local business' within the City, which will amend City Code of Ordinances Chapter 50, Article 11, Sec- tion 50-59. This increase Is authorized by Florida Statutes 205.0535(4) which permits an Increase or decrease in tax rates of up to 5 percent (5 %1 on alternating years. This ordinance proposes a 5 percent (5 %) increase in tax rates applicable to all categories of local business' as set forth in Chap- ter 50, Section 50-59, Code of Ordinances, with a resulting effect of a 5 per- cent (5 %) Increase in the amount of Local Business Tax currently pald by each affected business within the City of Okeechobee. The ordinance also amends Chapter 50, all Sections by removing all references to the language pertaining to the use of the word license. 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 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Gty Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any Item on the agenda; a copy of the document, picture, video, or Rem MUST be provided to the City Clerk for the City's records. By: Lane Gamlotea, CMC, City Clerk 465621 ON 6/1/2014 Exhibit 3 June 17, 2014 ORDINANCE NO. 1112 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, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 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, fora period of one year by Ordinance No. 1071, adopted May 17, 2011, from July 1, 2011 to June 30, 2012; for a period of a second year, by Ordinance No. 1086, adopted July 17, 2012, from July 1, 2012 to June 30, 2013; for a period of a third year by Ordinance 1097 adopted June 18, 2013, which extended the moratorium from July 1, 2013 through June 30, 2014; 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 15, 2014, and hereby recommends the extension of the moratorium suspending the collection of impact fees for an additional year, July 1, 2014 to June 30, 2015; 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; from July 1, 2013 through June 30, 2014; and shall continue to be suspended for the period beginning July 1, 2014 and ending June 30, 2015. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1112 - Page 1 of 2 SECTION 3. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 20`" day of May 2014. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17`h day of June 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1112 - Page 2 of 2 11IDEPENDENT NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 5.W . 17th Street, Suite 1), Okeechobee, FI. 34974 Before the undersigned authority personally appeared Torn 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 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, corn - mission or refund for the purpose of securing this advertisement for publication in the said newspaper. p Tom Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large AD ANGIE BRIDGES MY COMMISSION # EE 177653 : EXPIRES: Apri) 20, 2016 of rd:' Bonded Thru Notary Public Underwrileis (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING • A CITY ORDINANCE PLEASE nK NOTICE 1,h2 h ak Florida oesdayJu a 7014 at 6 :00 p m or as soon ther fter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUBLIC HEARING to consider final reading for adoption of the following Ordinance into law: No. 1112: 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 I FOR AN MPACT FE S FROM OF ULY MORATORIUM 2014 TO JUNE THE PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the. City ensure a with verbatim erecord of the proceeding is made and the �recor�d includess the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par - ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. 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ADDRESS: Ste'' ' (. TELEPHONE: O lD -7" G 2 FAX: MEETING: REGULAR W SPECIAL ❑ WORKSHOP ❑ DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON `T -HE CITY COUNCIL AGENDA: IM �� Cx112 �F V % tZ --' c ii CAA. t y1.4-9-- PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH: PLEASE STATE DESIRED ACTION BY THE CTTY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: DATE: � h1 dis+ril,9MdmI' 4-11-14 ee& Mis a'. A. Evim4 Florida's Research Coast Research Coast .Odado 0 •CFampa St! Pe6sburg al'; Sarasota Jaw elbourn Atlantic Ocean Vero Beach Air Fort Pierce Okeecho Myers Stuart xn Interslaln - lumpike Nue IAA A� 'Palm Be Fort Lauder Miami Four Counties. One Goal. Economic Stability. Behind every prosperous community is a solid business base creating job opportunities and increasing tax revenues. Florida's Research Coast brings together the resources of four economic development organi- zations and the local workforce board to create jobs and increase tax revenues in southeast Florida. Okeechobee, Indian River, Martin and St. Lucie counties make up Florida's Research Coast Economic Development Coalition. This business - driven, public - private partner- ship is committed to keeping the four - county region economically competitive through business, education and governmental collabora- tion. Site selection, financial assistance, training and workforce development, market intelligence, expedited permitting and export assistance are just some of the services offered to new and existing businesses here. Targeting Long -Term Prosperity The Florida Research Coast Coalition assists the expansion of the region's existing business base while it works to attract new industry in targeted sectors that are consistent with long -term prosperity: Agriculture, Aviation /Aerospace, Clean /Green Technologies, Corporate Headquarters, Life Sciences and Marine. The State of Florida recently launched a comprehensive marketing effort of its workforce boards, resulting in the new statewide brand CareerSource Florida. The career development professionals at CareerSource Research Coast work directly with employers to align their demand for skilled talent with the needs of residents seeking employment and career development opportunities. Generating Success During the past year, the Research Coast has seen new industry investment and existing business expansion region wide. Recent success stories include: Okeechobee County CHARLES COMPOSITES Charles Composites' new manufacturing facility in Okeechobee County will create 28 new jobs and $3.85 million in capital investment. A strategic supply partner of Charles Industries, Charles Composites manufactures and distributes underground enclosures to large utility providers, telecommunication companies, wireless companies and cable television companies. Marlin County PARADIGM PRECISION In Martin County, the expansion of Paradigm Precision retained 400 positions and will create 200 new jobs with a $16- million capital investment. The firm (formerly TurboCombuster) specializes in the manufacturing of complex, high - tolerance machined and fabricated components for gas turbine engines. Indian River County FLOAT ON CORP. Float On Corp. will add 45 new employees as its spin -off company, Island Boats, begins manufacturing a retractable/ expandable pontoon boat. The new company's patent - pending R &E Slide allows the boat to retract or expand its beam with push of a button. Float On is investing $500,000 in construction and equipment at the facility in Indian River County. SL Lucre County TRADITION MEDICAL CENTER St. Lucie County is the site of Tradition Medical Center, a new 90-bed state -of- the-art acute care hospital that provides medical - surgical services, an intensive care unit, an emergency department and a neonatal intensive care unit. Built at a cost of $110 - million, the medical center is a part of Martin Health System and employs 400 associates. Research Coast ECONOMIC DEVELOPMENT COALITION For more information, please contact us at www.FloridaRC.com. Indian River County • Martin County • Okeechobee County • St. Lucie County CareerSource Research Coast June 17, 2014 CITY OF OKEECHOBEE .:� 0 'r -! • 55 SE THIRD AVENUE • �,ry`- _ '' OKEECHOBEE, FL 34974 ` Tele: 863 -763 -3372 ext. 218 Fax: 863 - 763 -1686 ,, r.,�� SPECIAL EVENTS AND /OR, TEMPORARY +. o STREET AND SIDEWALK CLOSING PERMIT APPLICATION Page 1 of 3 Date Received: (p - 9 - 90 14 Date Issued: Application No: /.% NM Date(s) of Event: Date Paid: j ake.A '�- i I j 6%30 Ara 4-d IZ. t� coN NhA Fee: Information: Organization: I cis A- 60.0-&- ChLtxe V 1 Tax Exempt No: I 5Q - ()9k/ 8707 Mailing Address: j' ( . (SW L( -k artek 1 C .QeChC)1: -)te . FL 349.1q Contact Person: Po s I-f " Tac b7 t -i-CcJ& E -Mail Address: 3a c:oN -� 2 co o hoo . e"ctYl Telephone: Work: 1 ` pri - I(Q5 I_Flome: 1 1 Cell: I $1o3 -1 -H 7 -3 IN 1 Summary of activities: 11111MIM_ f s t 3t L, _ " arc i, :Art _ G� •r -c Q. mC.( • i, . , `5 rte-- r-o-L�4 - . ri-a"� L. Ca •I.' i- MINIM - i i!L ' • -! , ( - a"' r c • • 03 HI: c !u 1 . • • . ' Le •f�rcS -+- s .. Si ,c. -f -rct(-' • L 9 ' L -:, a4-� f .4-- +0 .. ' L 3 r i A ' o -4- S.,:,.. 1 v ' ` • . ti s Lc .{ r • ' V A Ay-€.1 LOhcch C: t r'c i [ i e. k.-1-61...91419 (1Jjw . (4Lst tot er ' ,--.)-1-ti .be, . Proceeds usage: NM ;›ti - - Q.Q. Please check requested Parks: j3 R-- 1 Flagler Parks: ❑ City Mall Park ❑ #1 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ #5 ❑ #6 _ OR Address of event: 3 to 6 1 A.l �Jq-i t u u) l t.► . N (I-4,p RO , Parcel ID: Page 3 of 3 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04 -03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HA MRICK TESTAMENTARY TRUST AS ADDITIONAL INSURED. 0710 D /3 77�'il5 0 Q Pm a Applicant Signature 6( 1 ua -C-- Date U -0114 Pj i4 ""OFFICE USE ONLYO°0A Staff Review adilitriiisigimerran 1 J' 2 Fire Department: ;, " �/ eir,• ' Date: ' - Building Official: �� C', , c,,_7',e—,[ Date: to -4--! - Public Works: / / — Date: Police Department: _ _ . / Date: BTR Department: (../P---) 80/1-i' e.z.). Date: (p %c City Administrator: ) �,�/ Date: �O A�� RIM= City lerk: ty �� j if A I ,421Ar trrs ' 4 -910'1. Date: NOTE: APPLICATION AND INS CE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date ,4,C FIRSTBA OP ID: T7 5,...r CERTIFICATE OF LIABILITY INSURANCE I OATElMMI00,YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to Iho terms and conditions of tho policy, certain policies may require an endorsement. A statement on IhIs certificate does not confer rights to tho certificate holder In Lieu of such ondorsomont(s). PRODUCER SIHLE INSURANCE GROUP, INC. P. O. BOX 160390 ALTAMONTE SPRINGS, Ft. 32716 Elizabeth S. Hendrick INSURED First Baptist Church of Okeechobee, Inc. 401 SW 4th Street Okeechobee, FL 34974 COVERAGES CERTIFICATE NUMBER: CONTACT 10: Certificate Department PHONE (AIC. No, Ese :407389 -3505 Lt N,): 407-389-3580 AOORESS: certlflcates(Wsihie.com INSURERS) AFFORDING COVERAGE INSURER A:Philadelphla Insurance Company INSURER 8 : INSURER C: INSURER D: INSURER E : NAIC 1 09566 INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrrH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED tIEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE e� PMLIZTEFF 11011L 'ERP -- I POLICY NUMBER (MM 1301YYYY) (MMIOOLYYYY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABMU rY Cl AIMSMADE DTI OCCUR X Prof Liab 6E1 t AGGPEGAIE LIMIT APPLIES PEP. 1 POLICY n JFCT PRO- I I lUC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X X P1IPK1108802 12/01/2013 12101/2014 SCHEDULED AUTOS NON -OWNED AUTOS EACH OCCURRENCE _ DALTAt;ET7TTEITTEO- PREMISES 16a ottuoncnj, MEO E>'.P(Any re)opgrson) _ f PERSONAL d ADV INJURY f GENERAL AGGREGATE f PRODUCTS - COMP1OPAGG t Emp Bon. f $ 1,000,000 f 100,000 5,000 1,000,000 2,000,000 2,000,000 PHPK1108802 12/01/2013 1 2/0112 01 4 COMBINED SINGLE LIM! (Ea accident) f BODILY !I/JURY (Per ptlsnn) UMBRELLA LIAB EXCESS LIAR DEO El RErENI ON f WORKERS COMPENSATION AM EMPLOYERS' LIABILITY ANrY I N PPCPrdETORFARTNEPIEiECLITIVE OFFN:ERA/L•AEER EXCLUDED: EC1i (..J N 1 A (Mandatory In NH) II yes. dn,rnbe tads. DES.PI.PTION IF OPEPAI IONS t {dtiv OCCUR C.l. AIMS.MAOE BODILY dIJURY (Pe modern) '-S 'TAI T? 0AMAce II'ER ACCIDENT) PIP f f f t 1,000,000 1,000,000 EACII 0CCLIRRE14(0 AGGREGATE 10,00C DESCRIPTION OF OPERATIONS! LOCATIONS r VEIICLES (Attach ACORO 101. Additional Items Ike Schedule If more space Is required) City of Okeechobee and R.E. Hamrick Testamentary '!'rust are included as Additional Insured with respects to General Liability where required by written contract. CERTIFICATE HOLDER we ,'T.AUI 1 Ir60 c C- 1. CACI I A. :. :rDcur F L DISEASt:_- Er.. Errri0yEE 0 L DISEASE. r.L}:Y l.lMn CANCELLATION CITYOKE City of Okeechobee R.E. Hamrick Testamentary Trust 55 SE 3rd Avenue Okeechobee, FL 34974 SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 110 POLICY PROVISIONS. AUT }IORILED REPRESENTATIVE rfa.). ACORO 25 (2010105) @ 1988 -2010 ACORD CORPORATION. All rights reserved. Tho ACORD name and logo aro rag 'stored (narks of ACORD TO: Exhibit 6 June 17, 2014 MEMORANDUM Mayor Kirk, Council Members Maxwell, DATE: June 6, 2014 O'Connor, Watford, Williams, Attorney Cook & Administrator Whitehall FROM: City Clerk Gamiotea SUBJECT: CCAHC Appointees As requested, I forwarded a form to the ten organizations listed within the resolution for inquiries of possible appointees to the City's Centennial Celebration Committee. We've received positive feedback, and thankfully, due to the news article, and the information being forwarded to most of the organizations membership, I also sent the form to anyone else who inquired about it, or if they were suggested. To date, I've received the following forms from individuals desiring to be appointed to the CCAHC: NAME Cable, Magi Domer, Justin Enfinger, Jeanne Gaiser, Donna Gittings, Susan ita Hoover, Dawn Mixon, J.D. {'Rodriguez, Antoinette furgeon, Sharie *Williams, John ORGANIZATION THEY ARE A MEMBER OF Retired Ed Assoc, Historical Society (VP) Chamber, City Business 100th Com'te 1St United Methodist Church Rotary (Pres) Okee the Mag, Chamber (Director), OKMS, Economic Council 100th Com'te 1St Baptist Church, Rotary, Economic Council (Tres), Educational Foundation (Sec), City Planning Board (Chair) Chamber, Kiwanis Club (Pres), FOPA (Pres), For Okee (Pres), Drug Court Advocates Chamber (Exe Dir), OKMS OKMS (Exe Dir) Chamber, OKMS, Kiwanis, Economic Council, Cattlemen Assoc (Tres), Okee Agri - Council, Farm Bureau These individuals have received the form, but have not returned it to date: Shirley Johnson, Mary Beth Cooper, and Katrina Elsken. However, it is possible that I will receive them, and more next week, I will send an updated list the day before the June 17th meeting. If you would like to review the individual applications, please call me, or stop by the office. Thank You. City of Okeechobee 55 SE 3r1 Av Okeechobee FL 34974 -2932 Office of the City Administrator Brian Whitehall Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall na,cityofokeechobee.com * * * * * Memorandum * * * June 16, 2014 TO: Mayor & City Council FR: City Administrator CC: City Clerk, City Atty RE: Conversation w/ Nick Blount, FPL RE: NE Okeechobee Co preferred site for FPL $1 billion+/ - dollar plant investment * bth4xdeI mit) tift&pr+ &Maki 611-14 114 nrii4.44 4.6 &pi • See attached excerpt from FPL 10 year power plant site plan • A cpl of years ago FPL purchased a 2800 acre site in NE Okeechobee Co • Last year FPL moved the site from a potential site to a preferred site • FPL will require a new operational plant by approx 2019 • Two sites considered most probable incl Okeechobee and Putnam Co From Nick's view the Okeechobee site looks favorable due to factors such as the location of proposed gas transmission line, electrical transmission to reach the grid and other economics. Appears water supply will be a deep well and the tax structure are issues of some concern for FPL. • Community support DOES mean a lot in the scheme of things, as FPL has had entities actually resist plant construction • Timetable — They need to receive info by July 31 to be considered in the 10 -yr plan decision making. We expect to meet w/ Nick and develop a package that will involve adoption of a resolution at the next City Council meeting (July 15, 2014). FPL Ten Year Power Plant Site Plan 2014 -2023 Submitted To: Florida Public Service Commission Miami, Florida April 2014 FPL 10 yr power plant site plan (excerpt Pg 113 etc) IV.F Preferred and Potential Sites Based upon its projection of future resource needs, FPL has identified six (6) Preferred Sites and four (4) Potential Sites for future generation additions. Preferred Sites are those locations where FPL has conducted significant reviews and has either taken action, is currently committed to take action, or is likely to take action, to site new generating capacity. Potential Sites are those sites that have attributes that support the siting of generation and are under consideration as a location for future generation. Some of these sites are currently in use as existing generation sites and some are not. The identification of a Potential Site does not indicate that FPL has made a definitive decision to pursue generation (or generation expansion or modernization in the case of an existing generation site) at that location, nor does this designation indicate that the size or technology of a generator has been determined. Analyses of any modernization candidates would include evaluation of numerous factors including: fuel delivery, transmission, permitting, etc. The Preferred Sites and Potential Sites are discussed in separate sections below. IV.F.1 Preferred Sites The modernization of FPL's Riviera Beach site was scheduled to be completed on /near April 1, 2014 (the filing date for this 2014 Site Plan). Therefore, the Riviera Beach modernization is not discussed further in this chapter. FPL currently has identified six (6) Preferred Sites. Four of these are existing plant sites: Port Everglades, Lauderdale, Putnam and Turkey Point; two of these would be new plant sites: Hendry County and Northeast (NE) Okeechobee County. The Port Everglades site is a location where modernization work, to replace the former steam generating units with new combined cycle (CC) technology, is in progress. The modernization work is scheduled to be completed in mid -2016. The existing gas turbines (GTs) at the Port Everglades and the Lauderdale sites are projected to be removed by the end of 2018. Five new combustion turbines (CTs) are projected to be added at the Lauderdale site by the end of 2018 to partially replace the capacity from existing GTs at Port Everglades and at the Lauderdale sites. These actions will aid in addressing compliance with new air emissions standards. The Hendry County, NE Okeechobee County, and Putnam sites are the likely next locations for new CC units after the Port Everglades and Lauderdale projects mentioned above have been completed. In addition, the Hendry County and Okeechobee County sites are also likely sites for new photovoltaic (PV) facilities. In regard to the Turkey Point site, the nuclear capacity uprate project was successfully completed in 2013. The new Turkey Point nuclear Units 6 & 7 are currently projected to come in- service in 2022 and 2023, respectively. The first two Preferred Sites discussed below are in general chronological order with respect to when the capacity additions are projected to occur. The remaining four Preferred Sites are discussed in alphabetical order. Preferred Site # 1: Port Everglades Plant, Broward County This site is located on the existing FPL Port Everglades Plant property within the City of Hollywood, Broward County. The site is surrounded by the Port of Port Everglades. The site has barge access via the Port of Port Everglades. A rail line is located near the plant. Preferred Site # 2: Lauderdale Plant, Broward County This site is located at and situated within the existing FPL Lauderdale Plant property, approximately 392 acres, within the Cities of Dania Beach and Hollywood in Broward County, Florida. The jurisdiction for the City of Hollywood is a small area south of SW 42nd Street in the eastern portion of the property. The remainder of the Plant property is located in the City of Dania Beach. The Plant property is located east of U.S. Highway 441, north of Griffin Road, west of SW 30UAvenue, and south of Interstate 595. The existing accesses to the Plant are from SW 24hAvenue and SW 42'dStreet. The adjacent properties include residential properties to the south, the South Broward County Resource Recovery Facility to the west, Pond Apple Slough to the north and commercial properties to the east. Preferred Site # 3: Hendry County, Hendry County FPL has acquired an approximately 3,120 -acre site in southeast Hendry County, off CR 833. The Hendry County site has been listed as a Preferred or Potential Site in previous FPL Site Plans as a possibility for a future PV facility and /or natural gas -fired CC generation. FPL currently views the Hendry site as one of the most likely sites to be used for future large -scale generation. Preferred Site # 4: NE Okeechobee County, Okeechobee County FPL has purchased a site of approximately 2,800 acres in Northeast Okeechobee County. The site is in an unincorporated, rural area and is predominantly used for agricultural production. FPL's transmission lines intersect the property. The Northeast Okeechobee County site has been listed as a Preferred or Potential Site in previous FPL Site Plans as a possibility for a natural gas -fired CC generation and /or future PV facility. Natural gas -fired CC generation will be made possible by the May,2017 projected commercial operating date of the Florida Southeast Connection (FSC) natural gas pipeline. FSC is within 3 miles of the NE Okeechobee County site. FPL currently views the Okeechobee site as one of the most likely sites to be used for future large -scale generation. (Cont'd) Preferred Site # 4: NE Okeechobee County, Okeechobee County h. Site Selection Criteria Process (excerpt) The Northeast Okeechobee County site has been selected as a Preferred Site due to consideration of various factors including system Toad, transmission interconnection, the proximity of the proposed FSC natural gas pipeline, and economics. Environmental issues were not a deciding factor since this site does not exhibit significant environmental sensitivity. Preferred Site # 5: Putnam Site, Putnam County FPL is currently evaluating the existing Putnam Plant site for future natural gas -fired generation as part of a potential modernization project. This 66 acre site is located on the east side of Highway 100 opposite the former FPL Palatka Plant in East Palatka. The Putnam site has been listed as a Potential Site in previous FPL Site Plans as a possibility for future natural gas -fired CC generation. FPL currently views the Putnam site as one of the most likely sites to be used for future large -scale generation. Preferred Site # 6: Turkey Point Plant, Miami -Dade County The Turkey Point Plant (Turkey Point) is located on the west side of Biscayne Bay, 25 miles south of Miami. Turkey Point is directly on the shoreline of Biscayne Bay and is geographically located approximately 9 miles east of Florida City on Palm Drive. The land surrounding Turkey Point is owned by FPL and acts as a buffer zone. Turkey Point is comprised of two natural gas /oil conventional steam units (Units 1 & 2), two nuclear units (Units 3 & 4), one combined cycle natural gas unit (Unit 5), nine small diesel generators, and the cooling canals. A capacity uprate project for the two nuclear units was successfully completed in 2013. The Everglades Mitigation Bank (EMB), an approximately 13,000 acre, FPL- maintained natural wildlife and wetlands area that has been set aside, is located to the south and west of the site. The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of June 17, 2014 • Chamber mid -year report by Terry Burroughs is on the agenda. • Canals demuckinq grant funded ($250k) project — Contractor TSI owner Henry Elmore update as of May 29, 2014: 2490 yds removed, 2000 cu yds expected yet to be removed On SE 7th St canal av daily volume removed was 180 cy /day Along this part of canal, north up to about 1204 SE 8th it's been about 90 cy /day Have run into the same issue of sand displacement to reach 2ndary layer of muck. Plan to remobilize next Monday (June 2 "d) and expect rate should pick up to about 200 cy /day. Will leave this canal (Augustus /SE 8`) completed by June 13 -15 Will take 3 days to set up at north end of 3`d leg (at SE 3`d St cul -de -sac) or June 16 to June 18. "Project is on track as far as budget is concerned..no overage, but about 17% shy of estimated removal at this juncture. ", Emphasized that they are on budget, and the initial mobilization was included into the 1st payment est. Update as of June 9, 2014 — costs to date at $209,000 at finish of leg 2 (of 3) and have relocated to north leg (behind Domer's) where the contractor will demuck as monies allow (up to $250k) Note: Notice to proceed was on December 16 and they executed it on Dec 18. TSI has until Sep 16, 2014 to complete the project. • 2014 legislative appropriation requests — The governor approved the budget and the City will be receiving grant confirmation through the DEP of the $100,000 monies to apply to what will be the unfinished canal /storm sewer project. • The train depot — As you are aware the depot has, as of this date, been partly demolished. I've reviewed some of the history of how it came to this point and have attached (3 -pgs) it hereto. • Bomb scare at Police Dept 2014 06 11 — You were made aware of the incident last Wed at the PD. Below is the immediate press release and attached is the picture of the detonation devices. Military surplus items were brought into the Police Department for disposal. Department resources advised us to contact the Saint Lucie County Bomb Squad. After describing the items to the Bomb Squad, we were advised to evacuate for safety reasons. Upon the Bomb Squads arrival, the items were removed and disposed of safely. Police Chief Denny Davis Released by Det Bill Saum, P.1.0. • Ord 1111 BTR Code and fee changes (2nd rdq) — on Agenda to update the Code to the terminology `business tax receipt' and increase the BTR fees 5 %. • Ord 1112 Impact fee (2nd rdg) — on the Agenda and continues the impact fee assessment moratorium for another year, through June 30, 2015. Page 1 6/17/14 Activity Rpt Cont'd • FPL 10 -yr power plant site selection plan submitted to Florida Public Service Comm in April - included Okeechobee County as a potential site for a power generation plant according to Nick Blount, Treas Coast area mgr, at last week's Economic Council meeting. I'm working on developing a support resolution for the Agenda, but don't have it prepared yet. Tara Rowley forwarded some notes from the meeting and same is attached (2 pgs). You can view the report mentioned above at: http: / /www.fpl.com /about/ten year /ten year site plan.shtml (reflects the option to look at geographic site selection alternates, by selecting `maps' or by selecting the link `plans', which is also here: http: / /www.fpl.com /about/ten year /pdf /2014TYP text. pdf • Ord 1107 Aq use and allowable uses in various zoned area (2nd Rdq) on agenda. You recall we had a 1st rdg on this in January and have since distributed it to various agencies for Comp Plan amendment approval /sign off. For reference purposes, the City met with the Planning Board last September to discuss issues related to `H - Holding' zoned parcels and to limited agriculture throughout various Land Uses along with a new potential `RH' (Rural Heritage) zoning district. In this Ord there are some use categorization definition to more easily identify acceptable zoning categories within each Land Use category. This ordinance act as a precursor to developing further action on a revamp of the Holding zoned parcels. Finally, thereafter the City will tackle the H- Holding zoned parcels...once the uses are provided for by the ordinances mentioned above • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. City Atty: • FDOT / Hamrick litigation — The Mar 27 meeting wherein, Atty Cook and I were to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation was cancelled and hasn't been rescheduled. • Barbara Mills, 406 NW 5th St, nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. City Clerk: • Centennial Celebration - Not skipping a beat, Lane has solicited members for the Centennial Ad Hoc Committee as provided for in last meetings Resolution 2014 -02 and appointments for same are on the Agenda. Page 2 6/17/14 Activity Rpt Cont'd Fire: • Activity report year to date is attached (3 pgs). Below is a detail of the Jan -May 2014 calls to the Dept by category: Fires Explosion Med /rescue Haz- Mat/Dangerous Service Call Good Intent Call False Alarm /Cancelled Special 26 1 462 22 16 71 15 2 General Services / Planning Board: • Building permit by number — India gave you an indication of the revenue line item, which included other fees, as part of the mid -year budget review. But I wanted to illustrate just the building permit activity here: 1200 1000 800 600 400 200 0 1020 721 638 555 415 439 465 460 441 351 -1 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 YTD • Air conditioner in Dep Clk's office replacement — The City accepted the quote from Cooling and Refrigeration Services (CRS) at a cost of $4,506 of the quotes we rec'd. Unfortunately, we expected the installation by now but the contractor had to delay his services. The existing A/C, while on its last leg and pumped full of coolant is holding its own until we can reschedule the installation. Police: • Activity report — May 2014 - Calls- 581; Traffic Warnings -45; Traffic Citations -95; Arrests -42 Public Works: • 2014 Asphalt program — At the last meeting we entered into a Contractor's Agreement with Lynch Paving `piggybacking' with Okeechobee County's accepted bid, opened from 2/24/14. All of the documents have been executed and I'm attaching the latest spreadsheet for you review. Page 3 6/17/14 Activity Rpt Cont'd • Proposed Taylor Creek Park — Culpepper & Terpening submitted the 319 grant application and we have rec'd confirmation that the State rec'd the ap in a timely manner. • 441 median Iandscapinq (Grant funded -Main St) — Have been advised that contractor Tree Locators will be finished by Wed., 6/18/14 with the $72,987.60 project. We have scheduled a walk through on Thursday at 8AM. • Downtown medians Iandscapinq — Distributed a diagram of the proposed re- landscaping in the downtown area and have attached (1 page) that diagram hereto. The cost originally distributed reflected the bid price installed by Tree Locators and that has since been adjusted so that all of the 450 +/- plants should be approx $3k. • City median landscaping — I spoke to Brad Goodbread a few weeks ago and he said they had some 180 +/- trees dedicated to our medians that "have been setting on the rack" ready for installation and will try to schedule in the next few weeks. Page 4 End.... City of Okeechobee - CSX depot demolition Condensed history of the CSX depot to demolition June 4 2014 Over the years several attempts were made to salvage the CSX depot but in early 2007 the effort intensified considerably when Okeechobee Main Street first expressed its intention to partner with the City. When negotiating with CSX, the City was advised that it was necessary to enter into Agreements w/ Amtrak, CSX and Main Street with the contingencies that Amtrak will continue to operate a passenger service out of the old depot, once restored. In June 2008, when faced with the possibility of CSX demolishing the depot, the City took a preemptive measure by adopting a Resolution placing a moratorium on demolition of buildings of 50 years or older. That Resolution provided for exclusions of nuisance buildings and, naturally CSX balked at the Resolution as they deemed the building a nuisance... constituting a safety liability to their company. Moving the building, if the City could acquire it, to a location owned by the City, simply didn't appear to be an option due to the bldg composition and condition. Of course this is the complication faced by the City, or any local government in building restoration. Should the tax payers foot the bill for salvaging "historic" buildings? The courthouse is a prime example of a salvageable building that required a significant investment and resulted in a beautiful asset to the community. The former Jail building apparently was not. Unlike the old Courthouse or Jail, the CSX depot property is not owned by the local government, it's privately owned which complicates the restoration efforts, especially when you have an uncooperative owner. By July 2008, the City gained a Right of Entry, CSX conducted a lead and asbestos study and the City inked a Letter of Intent with CSX under the circumstances that the depot would be demolished if no agreement was made. A few months thereafter the City attempted to renegotiate the Letter of Intent (before entering into further Agreement) by striking, among other issues, the provisions that required the City to have the building renovation completed within 9 months w/ Amtrak actively using the facility and to either demolish of relocate the now renovated building within 90 days if Amtrak discontinued passenger service. After gaining the Right of Entry and starting on a plan for rehabilitation it was learned that CSX would be requiring Railroad Protective Insurance (RPI) of any contractor working on the depot. We also learned that the annual premium associated with the RPI was about $25,000 /year... CSX required the RPI of each and every contractor individually. This was a huge setback and, according to CSX, not negotiable. The City developed a sample Agreement for Amtrak but was unable to reach execution of the Agreement. CSX Depot demolition review Page 1 In 2010, Amtrak built a new ADA compliant platform beside the depot to better shelter its passengers along with a 550' platform and communications became less and less enthusiastic about partnering in the restoration project. CSX's position was that "with the new depot (shelter) being constructed, it is unlikely that the existing depot will be used for passenger rail which was the basis of the proposed Agreement. Meanwhile it continues to deteriorate and present a significant liability for CSX. CSX will quickly evaluate its next steps." Over the next few years some communication continued but was unproductive. In April 2014 CSX sold the property to Fort Drum Corporation, according to the Co Property Appraiser's office. B& B Site Development was retained to demolish the building and in May was able to get a demolition permit from the City. - Phil Baughman is a Board Member on Okeechobee Main Street and he advised the Board that he was retained to remove the building... nothing was mentioned to the City by Main St - Mr. Baughman advised the Chamber President, Terry Burroughs that he intended to demolish the building...nothing was mentioned to the City by Mr. Burroughs or the Chamber. - Mr. Baughman completed a building permit calling it an abandoned warehouse without a parcel identification or an address identification and it was misinterpreted by the building dept that it was at a different location, west of the depot. In June 2014, the contractor, B& B Site Development started demolition. When asked about the condition of the building, he said it would have been an obvious hazard to be inside of the unstable building as it collapsed under its own weight when demolition started. Renovation would've been near impossible but certainly more expensive than constructing a new, like building. The City Building Official concurred with a written report stating that the walls, constructed of unreinforced terracotta tile w/ stucco and sand mortar, were significantly structurally compromised by age and vibration because of the proximity of the rail. The wood components were termite damaged throughout the building. The City Attorney advised that the Resolution passed by the City in 2008 was not adequate to deter the demolition. The adoption of an ordinance is required that describes the process wherein the owner, in a case such as this, would have an appeal process. In reviewing a couple of sample ordinances I found procedures that would require the owner to go through a process of approval, gaining a 'Certificate of Appropriateness'. However, even equipped with preservation findings from a committee or board the owner would be subject to repairing or demolishing the building. CSX Depot demolition review Page 2