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2014-10-211 CITY OF OKEECHOBEE OCTOBER 21, 2014 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor. October 21, 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. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a Five -Year Longevity Service Award to Jackie Dunham. PAGE 1OF15 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the October 21, 2014, Regular City Council Meeting to order at 6:00 P.M. The invocation was given by The Very Reverend Edward Weiss, of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent Present Present Present Present Present Present Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. On behalf of the City, Mayor Kirk and General Services Coordinator Patty Burnette, presented Ms. Jacqueline (Jackie) Dunham a Five -Year Longevity Service Award of an engraved Cross Pen and a framed certificate. 3 03 304 AGENDA V. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. Present a Five -Year Longevity Service Award to Jackie Dunham continued. B. Present a Ten -Year Longevity Service Award to Justin Bernst. C. Present a Fifteen -Year Longevity Service Award to Sue Christopher. D. Present a Distinguished Service Award to The Very Reverend Edward Weiss. E. Proclaim the week of October 19 - 25, 2014, as "Florida City Government Week." OCTOBER 21, 2014 - REGULAR MEETING - PAGE 2 OF 15 COUNCIL ACTION - DISCUSSION - VOTE The certificate read, "In recognition of your Five -Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees, from October 6, 2009 to October 6, 2014." Ms. Dunham expressed her gratitude for the opportunity to be a part of the City family. On behalf of the City, Mayor Kirk and Police Chief Davis, presented Sergeant Justin Bernst with a Ten -Year Longevity Service Award of an embossed leather portfolio and a framed certificate which read, "In recognition of your Ten - Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees, from October 15, 2004 to October 15, 2014. " Sergeant Bernst was accompanied by his wife Beverly, and thanked the City for this opportunity. On behalf of the City, Mayor Kirk with Fire Chief Smith, presented Ms. Sue Christopher a Fifteen -Year Longevity Service Award of an engraved crystal mantle clock and a framed certificate which read, `In recognition of your Fifteen -Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees, as an Administrative Secretary to the Fire Department, from October 18, 1999 to October 18, 2014." Ms. Christopher commented how she is fortunate to have the opportunity to work in an environment where the Staff has a high degree of integrity. On behalf of the City, Mayor Kirk presented to The Very Reverend Edward Weiss, to honor him upon his retirement, a shadowbox encasing the prestigious Key to the City Distinguished Service Award which read, "WHEREAS, The Very Reverend Dr. Edward A. Weiss, Rector, began his service at Church of Our Saviour on June 4, 2000; and WHEREAS, during his 14 years, many lives have been touched as he has distinguished himself as a humble servant, spiritual leader and a strong advocate throughout the community as well as his church; and WHEREAS, he has sincerely given of his time, portraying discipleship to many local organizations especially the Okeechobee Ministerial Association, building camaraderie among the various denominations throughout Okeechobee. NOW, THEREFORE, in appreciation for your service and dedication to the community, the City of Okeechobee, Florida, proudly recognizes your selfless contributions by honoring you with the prestigious Key to the City." Father Edward was accompanied by his devoted wife Josie, Ms. Sandy Perry of the Okeechobee Ministerial Association and several church parishioners. He humbly accepted the award, as one of the many representatives of the Okeechobee Ministerial Association, praising God for the blessing to have had the opportunity to serve within this community. Mayor Kirk read the following proclamation in its entirety as follows: "WHEREAS, City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and AGENDA V. PROCLAMATIONS AND PRESENTATIONS CONTINUED. E. Proclaim the week of October 19 - 25, 2014 as "Florida City Government Week" continued. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 30, 2014, Regular Meeting and Final Budget Hearing. VII. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2014 Warrant Registers: General Fund Public Facilities Improvement Fund FDOT Grant Fund Capital Improvement Projects Fund $388,664.22 $ 95,015.11 $ 8,614.67 $ 3,035.62 OCTOBER 21, 2014 - REGULAR MEETING - PAGE 3 OF 15 COUNCIL ACTION - DISCUSSION - VOTE WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by City government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of October 19 - 25, 2014, as "FLORIDA CITY GOVERNMENT WEEK" in the City of Okeechobee." City Clerk Gamiotea will forward it to the Florida League of Cities. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the September 30, 2014, Regular Meeting and Final Budget Hearing; 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. Council Member Watford moved to approve the September 2014 Warrant Registers in the amounts: General Fund, three hundred eighty -eight thousand, six hundred sixty -four dollars and twenty -two cents ($388,664.22); Public Facilities Improvement Fund, ninety -five thousand, fifteen dollars and eleven cents ($95,015.11); FDOT Grant Fund, eight thousand, six hundred fourteen dollars and sixty -seven cents ($8,614.67); and Capital Improvement Projects Fund, three thousand, thirty -five dollars and sixty -two cents ($3,035.62); 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. 305 306 OCTOBER 21, 2014 - REGULAR MEETING - PAGE 4 OF 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. CENTENNIAL UPDATE. A. Present the monthly update from the Centennial Celebration Ad Hoc Committee - JD Mixon, Chair (Exhibit 1). Centennial Celebration Ad Hoc Committee (CCAHC) Chairperson J.D. Mixon presented the monthly update to the Council and requested action on serval items as outlined in Exhibit 1: Item One: Motion and second by Council Members Watford and O'Connor to approve the 2015 Centennial sponsored events and activities as presented. The five events being: a Centennial Kick -Off Celebration to be held on Friday, January 9, in Flagler Park; the Mayor's Centennial Gala to be held Saturday, April 18, at the Silver Palms Club House; the Centennial Birthday Party tentativelyplanned for Saturday, June 13; the Centennial Heritage /Founders Day Festival, tentatively planned for Saturday, October 10; and a Centennial Frolic (street dance and barbecue) to be held on Friday, December 11. The activities to date are: the 100 -Days Scavenger Hunt (via social media, #okeechobee100) that will be active from January 19 to June 4; the Centennial Historic Bus Tours sponsored by the Okeechobee Historical Society, tour dates are planned for January 24, April 11, June 20, September 19, and October 17; participation in the Okeechobee High School Kick -Off Classic Football Game and Athletic Booster Club Program, presenting Centennial Logo Patches for the football team and band members uniforms; the Time Capsule Burial Ceremony to be held in connection with the City's Annual Lighting Celebration on Tuesday, December 1; and the Okeechobee Community Theater will be presenting a Historical Play. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Item Two: The CCAHC has discussed with City Staff two Capital Improvement Projects they would like to utilize to commemorate this special occasion for years to come. One is to completely remodel the front entrance walkway at City Hall by updating the lighting, landscaping and using brick pavers. The second is the 2 -acre Taylor Creek Park project, which they would like to rename as the Centennial Park, and assist with raising funds or in -kind donations for the construction of this park. Motion and second by Council Members Watford and O'Connor to approve the Centennial Capital Improvement Projects being the "Brick Pavers /City Hall Front Walkway Remodel Project" and the Taylor Creek Park, officially changing the name to "Centennial Park ". VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Item Three: Covered the issue of approving the Centennial Sponsorship Packets. However, by request of Chair Mixon, it was removed and will be presented at a future update. OCTOBER 21, 2014 - REGULAR MEETING PAGE 5 OF 15 307 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. CENTENNIAL UPDATE CONTINUED. A. Present the monthly update from the Centennial Celebration Ad Hoc Committee continued. Item Four: Motion and second by Council Members Watford and O'Connor to ratify the CCAHC's approval of the Okeechobee Historical Society and the Okeechobee Retired Educators Association as Centennial partners, entitling them to be promoted on all Centennial materials and events as well as the use of the Centennial logo. The Historical Society will be sponsoring the Historic Bus Tours and selling Historic Post Card sets. The OREA will be selling Christmas ornaments featuring the City Seal. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Item Five: Motion and second by Council Members Williams and Watford to approve the Centennial Fundraiser's to date: sell of Brick Pavers for the City Hall Front Walkway Improvement Project; sell Historic Prints; and sell Tickets /Tables to the Mayor's Gala. The brick pavers will be similar to the project at the library. The historic prints will be numbered and of certain limited historical events and /or places. Local photographer, Ms. Sandra Pearce has graciously volunteered her services on this project. The first set of prints will be featured and displayed for sale at the Kick -Off Celebration. Individual tickets will be sold to attend the Mayor's Gala, or a table (seating of eight) can be purchased. The funds collected will go to cover the expenses for hosting the five events and off -set the costs of the capital improvement projects. It was also clarified that all funds will be collected and managed by the City's Finance Department. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Listed within Exhibit One, for informational purposes, were existing community events the CCAHC is partnering with in 2015, which are, January 17: Okeechobee Main Street (OKMS) Day of the American Cowboy; January 21: Kiwanis International Centennial Celebration; February 7 -8: OKMS Top of the Lake Art & Chalk Festival, featuring a Centennial Poster Contest; February 21: FOR Okeechobee, Inc., 5K Ribbon Run; February 28 -March 1: Battle of Okeechobee Re- enactment; March 14 -15: OKMS Speckled Perch Festival & Rodeo; March 28: March of Dimes Walk; April 4: Kiwanis Easter Pancake Breakfast; July 4: FOR Okeechobee, Inc., Independence Day Celebration; September 5 -7: OKMS Labor Day Festival & Parade; October 3: Adam Bryant Minimal Regatta featuring a Centennial Paddle Decorating Contest; December 12: OKMS Lighted Christmas Parade. 308 VIII. CENTENNIAL UPDATE CONTINUED. A. Present the monthly update from the Centennial Celebration Ad Hoc Committee continued. IX. OPEN PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS (LDR's AMENDMENT ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1115, amending LDR, Section 90 -223 Special Exception Uses, by expanding the list to include personal services, excluding pawn shops - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1115 by title only. B. 2. a) Motion to adopt proposed Ordinance No. 1115. b) Public comments and discussion on proposed Ordinance No. 1115. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 6 OF 15 COUNCIL ACTION - DISCUSSION - VOTE The list is not all inclusive as some events still are in need of a CCAHC coordinator, or final consideration of participation may not have been determined yet. In closing, the Mayor and Council thanked Mr. Mixon for the report and to convey to the members how much their work is appreciated. Additionally, Council Member O'Connor noted his gratitude for the update being submitted in a written report format, and requested future ones be presented in the same manner. Mr. Mixon affirmed with the assistance of Clerk Gamiotea this can be accomplished. MAYOR KIRK OPENED THE PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS (LDR's) AMENDMENT ADOPTION AT 6:36 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1115, amending LDR, Section 90 -223 Special Exception Uses, by expanding the list to include personal services, excluding pawn shops; seconded by Council Member Watford. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1115 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART 11 OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS, CHAPTER 90- ZONING, ARTICLE III- DISTRICTS AND DISTRICT REGULATIONS, DIVISION 6 COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT, SECTION 90 -223 SPECIAL EXCEPTION USES, BY EXPANDING THE LIST TO INCLUDE PERSONAL SERVICES, EXCLUDING PAWN SHOP; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1115; seconded by Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public. There were none. This LDR amendment was initiated by Application No. 14- 001 -TA, submitted by Ms. Donna Wildes. She requested to include Personal Services in the Permitted Uses within CPO Zoning Districts. After obtaining a lease agreement with the option to purchase property located at 210 Northwest 511h Street, plans are to operate a health club /fitness center that will provide 24 -hour access of fitness services. The property is zoned CPO and this use is not permitted. 1 1 1 AGENDA IX. LDR AMENDMENT PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion on proposed Ordinance No. 1115 continued. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 7 OF 16 309 COUNCIL ACTION - DISCUSSION - VOTE As provided in Code Book Section 66 -1 Definitions, "Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, nail care, pawnshop, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale." Currently barbershop and beauty shop are permitted by special exception. As reviewed at the first Hearing, the Planning Staffs response to the applicant's comments on the required findings are: it is not contrary to any Goals, Objectives or Policies in the Comprehensive Plan. The proposed change and its likely effects are compatible with the intent of the LDR's and specifically the intent of the CPO Zoning District, while the introductory paragraph to the permitted uses includes no specific reference to personal services, though expressly prohibits retail sales, display or storage of merchandise, and the manufacture or mechanical repair work. The use would not be expected to have an adverse effect upon the public interest. In fact, the location of personal service uses in close proximity, within walking distance, to concentrations of office workers, can reduce traffic congestion and travel time for services and activities, reducing vehicular trips for such activities or errands. The expansion of the uses allowable in this district should be approached with caution. The greatest concentration of CPO Zoning is located adjacent to and extending North of the Central Business District, in close proximity to the Courthouse and other public offices. Since the CPO Zoning is the City's least intensive commercial district, it has been recognized as a transitional use between more intense residential uses. Planning Staff is of the opinion that most personal service uses may be compatible in many situations and locations, but not all locations. Therefore, it was recommended that personal services would be most appropriately added as a special exception use rather than as a permitted use, especially when addressing these required findings: will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district affected or nearby; will be able to be suitably buffered should it be necessary. Planning Staff agrees the inclusion of the proposed uses will not create a density pattern that would overburden public facilities such as streets, schools, and utility services, and could help to reduce it. Flooding or drainage problems are not applicable in this instance, and should not burden properties in the CPO District or any other adjacent zoning districts by unnecessary restrictions. However, City Planner, Mr. Bill Brisson of LaRue Planning and Management Services, noted Council Member Williams question at the first Hearing on whether dry cleaning services should remain included, causing him to review the matter further. Dry cleaners is allowed as a Special Exception Use in Light Commercial which leaves him to believe it should not be allowed in CPO, unless it is for drop -off and pick -up only. He then asked Council to amend Ordinance No. 1115 to also exempt dry cleaning on premises. 310 OCTOBER 21, 2014 - REGULAR MEETING - PAGE 8 OF 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. LDR AMENDMENT PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion on proposed Ordinance No. 1115 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. X. NEW BUSINESS. A. 1. a) Motion to read by title only, proposed Ordinance No. 1116 and set final public hearing date for November 18, 2014 regarding Amendment 2, Medical Marijuana - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. Council Member Watford moved to amend Ordinance No. 1115 to read as follows: Section 90 -223 (2) Personal services, except pawn shop and dry cleaning on premises; seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. Mayor Kirk asked for any further discussion. Council Member Watford inquired to the Special Exception as discussed at the first Hearing, to which Mr. Brisson replied, Yes, Application No. 14- 008 -SE, was approved at the October 16, 2014, Planning Board meeting, with the following stipulations: the approval will not become effective until and when the text amendment to the City's LDR's adding personal services to the list of special exception uses in the CPO Zoning District is approved by the City Council and the square footage of the various uses will be consistent with the parking requirement that results from the City Council's actions on the applicant's requests for approval of off -site parking and the parking reduction. 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 AT 6:41 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1116 and set final public hearing date for November 18, 2014, regarding Amendment 2, Medical Marijuana; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 1 1 AGENDA X. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 1116 by title only. 2. a) Motion to approve first reading of proposed Ordinance No. 1116. b) Discussion. c) Vote on motion. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 9 OF 16 311 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Ordinance No. 1116 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to approve first reading of proposed Ordinance No. 1116; seconded by Council Member O'Connor, Council Member Watford began the discussion stating there has been much discussion from the Treasure Coast Council of Local Government and the Treasure Coast Regional League of Cities, anticipating the outcome of the November 4, 2014, General Elections, in which Medical Marijuana Amendment 2 is on the ballot. Some cities have already enacted laws for their protection. Attorney Cook emphasized this ordinance is a good precaution until further action can be appropriated. He explained the Planning Board will be considering amendments to the LDR's at the November 20, 2014, meeting. Undersheriff Noel Stephen, of the Okeechobee County Sheriff's Department, who was in attendance, responded to the Council's questions concerning growers and dispensaries, that there are State restrictions and regulations, and the dispensaries are determined according to population. Okeechobee will be allowed four dispensaries. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. 312 AGENDA X. NEW BUSINESS CONTINUED. B. Discuss a request to erect a business monument sign on the City right - of -way at the location of 210 Northeast 3rd Avenue - Corey Penrod, Penrod Construction Company. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 10 OF 15 COUNCIL ACTION - DISCUSSION - VOTE Mr. Corey Penrod, of Penrod Construction made a presentation at the September 16, 2014, City Council meeting, where he explained he needs to construct a sign in order to advertise the location of his construction business. However due to the lot size, location of existing structures, and set -back requirements, the area is not large enough to erect a sign that would be visible. He submitted a sign permit application to erect a business monument sign (eight - feet, eight- inches by six -feet, eight- inches overall size) that would encroach within the City right -of -way at the location of 210 Northeast 3rd Avenue. City Staff reviewed the sign application, and relayed they could not issue the permit, as it is prohibited according to City Codes; Chapter 90- Zoning, Article IV, Division 5, Section 90- 571(3), which reads, "Freestanding monument signs are permitted within all commercial and industrial zoning districts provided that; they are located consistent with all applicable setback requirements and are not located in a public right-of-way." Staff further advised even in the event of a setback encroachment, a permit may be issued but only after a Variance is granted. Also, Section 90- 568(13) Prohibited Signs reads, "Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights-of-way, including sidewalk." At the previous meeting, the Council discussed the peculiarity of Mr. Penrod's situation, the building is over 50 years old, it can be difficult and sometimes impossible to bring older properties up to Code. They noted, the Code prohibits signs in the right -of -way and they can not justify making an exception. The City Council had directed Administrator Whitehall to get a written opinion from Attorney Cook, since he was absent, distribute to both Mr. Penrod and Council, and then should it be deemed necessary, bring it back to Council for further consideration. Mr. Penrod has since then made adjustments by moving the sign closer to the building, originally it was proposed to be only fifteen -feet nine - inches off the edge of the right -of -way, it is now nineteen -feet. He is requesting the City Council's support as according to Section 90 -580, Placement Standards: (a) supports for signs or sign structures shall not be placed in or upon a public right -of -way or public easement, except under the terms of a lease between the owner of the easement or right -of -way, and the owner of the sign, or with the written approval of the City of Okeechobee. The modification previously explained will allow one of the columns on his property and the other on the right -of -way. Attorney Cook advised based on Section 90 -580, the City Council has the authority to approve the request. The Council, wanting to assist businesses within the City, discussed drafting an agreement to allow the encroachment on the City's right -of -way, similar to existing Alley and Street Use Agreements. Based on the uniqueness of this issue, as the building is located in a transitional area going from residences to commercial offices; that is was originally a single family home, which was remodeled into offices, then again into a physical therapy office, prior to the current, and now third remodel, added with the lot dimensions and layout of the plat was completed in 1914, the Council agreed there was sufficient justification to approve the request. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 11 OF 15 313 AGENDA COUNCIL ACTION - DISCUSSION - VOTE X. NEW BUSINESS CONTINUED. B. Discuss a request to erect a business monument sign on the City right- of -way at the location of 210 Northeast 3rd Avenue continued. C. Consider a reduction of up to 20 percent of the required parking for the proposed uses, and use of five off -site parking spaces located in the parking lot of the 300 Plaza, provided the applicant obtains a parking use agreement, acceptable to the City, and signed by the owner of the 300 Plaza, that ensures the availability of the five off -site spaces for as long as they are needed to meet the parking requirement for the proposed uses at 210 Northwest 5th Street - City Administrator (Exhibit 4). Council Member Williams moved to enter into an agreement (to be drafted by Attorney Cook), with Penrod Construction to allow an encroachment of a sign on the City's right -of -way with the following stipulations: the sign will be placed fifty percent on the City's right -of -way, and fifty percent on their property, (legal description: Lot 6 of Block 143, City of Okeechobee, Plat Book 5, Page 5), with the sign not to exceed four feet in width; and require the City be held harmless with a rider certificate of insurance added to their insurance policy; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Ms. Donna Wildes, d /b /a Beasts and Barbells, LLC, submitted Application No. 14- 001 -TA, to add personal services to the list of allowable uses in the CPO District, which the City Council approved in Item IX. A., Ordinance No. 1115. Ms. Wildes is proposing two options for a fitness center to be located at 210 Northwest 5'h Street. In order to meet the parking requirements for the mix of uses under either option, she is requesting approval for five off -site parking spaces from Plaza 300. Under the provision of Code Book Section 90- 511(a)(2) it states: Parking and loading space location. The City Council may approve off-site parking facilities should the Technical Review Committee (TRC) find the location of the off-site facility will adequately serve the use for which it is intended, and whether the applicant submits a written agreement to the City ensuring the continued availability of the off -site facility for parking use. She is also requesting reduction in the number of required parking spaces which allows for the use of surplus on- street parking, that is not needed by other uses, to be counted towards the off - street parking requirement. Code Book Section 90- 485(a) reads as follows: Reduction of parking space requirements in commercial districts. In Commercial, Central Business, and Public Use Zoning Districts, City Council may reduce the number of parking spaces should the TRC find that there is a surplus of on- street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off - street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. Planner Brisson addressed the Council by explaining there are 20 parking spaces on the site, one of them designated as handicapped. However, based on current regulations an additional 15 parking spaces is required in order for Ms. Wildes to use her requested "Option One," which consists of a 4,000 square foot fitness center with 2,400 square feet of office space and 1,200 square feet of storage space. Or, an additional 12 parking spaces to use her requested "Option Two," consisting of a 4,000 square feet fitness center with 1,500 square feet of office space, and 2,100 square feet of storage space. 314 October 21, 2014 - Regular Meeting - Page 12 of 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE X. NEW BUSINESS CONTINUED. C. Consider a reduction of up to 20 percent of the required parking and use of five off -site parking spaces located in the parking lot of the 300 Plaza for the proposed uses at 210 Northwest 5th Street continued. D. Consider a Temporary Street Closing Application, submitted by Central Elementary School, to close Southwest 5th Avenue between Southwest 6th and 8th Streets from 4:00 - 9:00 P.M. on October 24, 2014, for their Annual Fall Carnival - City Administrator (Exhibit 5). E. Consider a Temporary Street Closing Application, submitted by Open Hands Health Care Center, Inc., to close Southwest 4th Street between Southwest 5th and 6th Avenues from 6:00 -10:00 A.M. on November 22, 2014, for a 5K race benefit - City Administrator (Exhibit 6). The Planning Staff and TRC are recommending the business layout use of Option Two, with a reduction of up to six required off - street parking spaces and provide five off -site parking spaces, with the stipulations that Ms Wildes obtains an agreement from the 300 Plaza owner, guaranteeing the availability of at least five parking spaces located in their parking lot for as long as the five parking spaces are needed to meet the off - street parking requirement, and there continues to be at least 20 parking spaces in the parking lot associated with 210 Northwest 5th Street, one of which must be designated handicap parking. Council Member Maxwell expressed his concern of the parking regulations being insufficient in relation to the older buildings and subdivisions and would like this to be revisited. Mr. Brisson responded the Planning Board also has shown an interest in revisiting the parking regulations to allow more flexibility and will proceed with Council's direction. Council Member Watford moved to approve a 20 percent parking reduction (six spaces) and the use of five spaces located at the 300 Plaza, for the proposed use at 210 Northwest 5th Street, (legal description: Lots 7 to 10 of Block 92, City of Okeechobee, Plat Book 5, Page 5), as recommended by the Technical Review Committee and with stipulations being met; seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Motion and second by Council Members Watford and Williams to approve the application submitted by Central Elementary School, to temporarily close a portion of Southwest 5th Avenue between Southwest 6th and 8th Streets, from 4:00 to 9:00 P.M. on October 24, 2014, for their Annual Fall Carnival. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Motion and second by Council Members Watford and Williams to approve the application submitted by Open Hands Health Center, Inc., to temporarily close a portion of Southwest 4th Street between Southwest 5th and 6th Avenues, from 6:00 to 10:00 A.M. on November 22, 2014, for their Finger Lickin 5K Kickin Race Benefit. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 13 OF 15 315 AGENDA COUNCIL ACTION - DISCUSSION - VOTE X. NEW BUSINESS CONTINUED. E. Consider a Temporary Street Closing Application, submitted by Open Hands Health Center, Inc., for a 5K race benefit continued. F. Motion to approve Florida Department Environmental Protection (FDEP) Grant Agreement No. S0730, for storm water conveyance; debris and muck removal - City Administrator (Exhibit 7). G. Consider a motion to waive the formal bidding procedures and award a sole- source contract to Global Mapping, Inc., in the amount of $8,800.00 for annual mapping services - City Administrator (Exhibit 8). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The City had submitted a request to the Local Legislative Delegation on January 28, 2013, for funding assistance for the Storm Water Retrofit Project, to provide clean, safe waters for residents and the public and improve water quality by providing swales, conveyance and inlet improvements to reduce pollutants, phosphorous and nitrogen loads from water runoff into Taylor Creek and Lake Okeechobee. This is a continuation and second agreement entered into with the Florida Department of Environmental Protection. The first one was Agreement No. S0672 for the City to receive reimbursements, up to a maximum of two hundred fifty thousand dollars ($250,000.00), expended towards this project. This second Agreement No. S0730, for State Appropriations, is in the amount of one hundred thousand dollars ($100,000.00), on a cost reimbursement basis for a period of twelve months, for canal maintenance via debris /muck removal. Public Works Director David Allen added he has already applied for next year's grant appropriations. Mr. Gary Ritter, Intergovernmental and Outreach Representative for South Florida Water Management District (SFWMD), added they are in the process of accepting applications to provide funding for stormwater, alternative water supply and water conservation projects for the Fiscal Year 2016. The deadline is November 21, 2014. Also, there is the opportunity to apply for a Rural Economic Development Initiative Waiver (REDI), for matching funds. He will forward the link to Public Works Director Allen. Motion and second by Council Members O'Connor and Williams to approve the Florida Department of Environmental Protection Grant Agreement No. S0730 for storm water conveyance, debris and muck removal, in the amount of one hundred thousand dollars ($100,000.00). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to waive the formal bidding procedures and award a sole- source contract to Global Mapping, Inc., in the amount of eight thousand, eight hundred dollars ($8,800.00), for annual mapping services; seconded by Council Member O'Connor. There was a brief discussion on this item. 316 X. NEW BUSINESS CONTINUED. G. Consider a motion to waive the formal bidding procedures and award a sole- source contract to Global Mapping, Inc., continued. H. Consider Citizen Board Appointments - City Clerk (Exhibit 9). Discussion regarding the demolition of the train depot - City Councilman Watford. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 14 OF 15 COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to waive the formal bidding procedures and award a sole- source contract to Global Mapping, Inc., in the amount of eight thousand, eight hundred dollars ($8,800.00), for annual mapping services; seconded by Council Member O'Connor. There was a brief discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. The City Clerk's Office received one application requesting to be considered for the Planning Board /Board of Adjustment and Appeals /Design Review Board, after advertising for the vacancy. The Council was asked to consider appointing Mr. Mac Jonassaint as the Alternate Member for this board. Motion and second by Council Members Watford and O'Connor to appoint Mr. Mac Jonassaint as an Alternate Member to the Planning Board, Board of Adjustment, and Design Review Board, term ending April 30, 2017 (replacing Mrs. Toni Doyle). The Council was reminded of a General /Okeechobee Utility Authority Pension Board of Trustee vacancy and two Code Enforcement Board vacancies. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford began the discussion referencing Attorney Cook's response relating to the Train Depot demolition, dated September 25, 2014, as requested by City Council on July 15, 2014, regarding a remedy or recourse of fraud or deceit on demolition applications. Florida Statues Chapter 489.113(4)(b) has a provision which permits a local contractors licensing board, after a public hearing, to penalize a contractor, including license suspension, for fraud or willful building code violations, he also included and referenced several legal opinions. Based on this information, Attorney Cook advised he was of the opinion that the Licensing Board would not take action against the contractor, based on the factual matters of this issue, which he listed as: (1) The pending demolition of the depot was reported by the contractor to Okeechobee Main Street /Chamber of Commerce, well in advance of the work; unfortunately, they either thought the City was aware of the demolition, or neglected to pass along that information to Administrator Whitehall. (2) The contractor relied upon public record information available to him when he submitted the application; the Property Appraiser's Office apparently had incorrect information or incomplete information in their records as to the location and description of this parcel, which has now been corrected. 1 AGENDA X. NEW BUSINESS CONTINUED. I. Discussion regarding the demolition of the train depot continued. XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpe7 of backup for official records of the Clerk. ATT Lane`-Gamiotea.CM , City Clerk James E. Kirk, Mayor OCTOBER 21, 2014 - REGULAR MEETING - PAGE 15 OF 15 317 COUNCIL ACTION - DISCUSSION - VOTE (3) Our Building Official made some assumptions concerning the location and description of the parcel which turned out to be incorrect, and signed -off on the permit without further inspection or investigation; that process has now been corrected. (4) Once the City discovered the errors, the structure was well into demolition, which could not be stopped, due to the contractor relying on our issuance of the permit, and the advanced state of disrepair of the structure. Attorney Cook concluded the memorandum by stating, while the words used on the demolition permit, "demolish and remove old abandoned warehouse" are troubling, fraud and deceit are intentional and knowing acts, and under these facts he doubted the Licensing Board, Court, or any other Agency would find the Contractor intentionally misled or deceived the City in the process. The City has initiated precautionary measures on all demolition permits and now requires a picture of the structure, a notarized letter from the owner consenting to the demolition, and an inspection by the Building Official. Attorney Cook suggested the adoption of a well drafted ordinance similar to the copy attached to the memorandum from the City of Melbourne, that has a policy and procedures for demolishing historic structures, and provide means to carefully study any proposed renovation or demolition of such structures, Council agreed by consensus that they type of ordinances needs to be presented for Council consideration. Further, Council Members Watford and Maxwell requested Attorney Cook, to research and bring back a recommendation, a mechanism to implement within our regulations the means to penalize an applicant when erroneous information is submitted, or otherwise imply why this would not be feasible. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:29 p.m. The next regular scheduled meeting is November 18, 2014. kliDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 Iv F1 in the 1 9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this 'Advert icenzr-nt f si ;snh1ic °atinn in the cnid nplust, r CTJ 7 t,f Katrina Elsken Sworn to and subscribed before me this L day of AD Notary Public, State of Florida at Large ' z I ANGIEBRIDGES ° °.: .!P.! t+'_ MY COMMISSION # EE 177653 • n - `- • EXPIRES: April 20, 2016 ?Sr Bonded Thin Notary Public Underwriters CITY COUNCIL MEETINGS NOTICE IS HEREBY GIVEN that the October 7, 2014, City of Okeechobee City Council Meeting has been cancelled. The next regular City Council meeting will be held on Tuesday, October 21, 2014, 6:00 p.m., or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeecho- bee, Florida. The public is invited and encouraged to attend. Contact City Administration at 863- 763 -3372, or website, cityofokeechobee.com, to ob- tain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any decision 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 Ac(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: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 467558 OK 10/3/2014 City of Okeechobee Oato6er21, 20'1Regular City Council Meeting Handwritten Minutes by: 55 SE 3rd Avenue * Council Chambers * Okeechobee, FL 34974 I. CALL TO ORDER - MAYOR: October 21, 2014, City Council Regular Meeting, 6:00 P.M. Hare /Cirve eappedi &OetoJer27,, 2071, City Coa nellPeialaeNetincptoorderat P/L% II. OPENING CEREMONIES: Invocation to be given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. for ope'rin,eeee/oaies, a,40- oeation was oJeee,/ deVerr ?Perrere/ra /(/'6' ofc/&& o/ Oar Sauoiai ,. and t/re eIje off alle (knee was pu(6, Nap, kW III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. city eperqt aariatea tool attendance as jopfws; Present Absent Mayor James E. Kirk X Council Member Devin Maxwell X Council Member Mike O'Connor X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams X City Administrator Brian Whitehall City Attorney John R. Cook X City Clerk Lane Gamiotea X Deputy Clerk Melisa Jahner X Police Chief Denny Davis X Fire Chief Herb Smith X Public Works Director David Allen X X (arotkerpaeredawa,, oat al state) IV. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Akre i I asked w%et/er t/eee were and relae rtrlop t/Le addition, ate pa/a, wit/cdrawapo /items on toatag s agenda V. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Prese a Five -Year Longevity Service Award to Jackie Dunham. 9 Y c , P�psent a Ten -Year Longevity Service Awardrto Jus tfi Bernst. f& /-f 0 (7)-lee irLc�% —% fz t f(z / LJ ((` 1/ r L�'iL((_k.c � — +' L - L ✓c /it( z 41 4J eta — zcltL�f�2' C. Presen a Fifteen-Year Longevity Service /Award to Sye Christopher. r D. Present a Distinguished Service Award to The Very Reverend Edward Weiss, Page 1 of 12 E..,J Weed eke Proclaim the week pof October 19 - 25, 2014 as "Florida City Government Week." /�l a o ' /1./P�G eelf[7 eke followtk�'�at`acca/Katio r iea to *ea "WHEREAS, City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by City government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of October 19 - 25, 2014, as "FLORIDA CITY GOVERNMENT WEEK" in the City of Okeechobee." VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 30, 2014 Regular Meeting and Final Budget Hearing. Coaaci /Newhe /map to to 4oense aq i peac14, aad rop• eke <ia rrtrrat�-, of eaaaeiifletiaalop eke <i'epteta6er 30, 2071 Peia�at< 14etia� aadfiaaf «W etf4eae43,. seco7ded6� Coa7etdNemk £ t() "27) 7<-€. VOTE KIRK - YEA/No WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/No CARRIED / IED. VII. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2014 Warrant Registers: General Fund $388,664.22 Public Facilities Improvement Fund $ 95,015.11 FDOT - Grant Fund $ 8,614.67 Capital,I,mprpvement Projects Fund $ 3,035.62 Cowell Nemke ptu moaedto g emfre t/re S'elotetwIer 2071 Waveaat Repeers is '%& atnoaats: eaePaIfuaa; aee,e 4,04- edtrei,#e tkaasaad, six% aadredsiierioa,c loieatsaadtcoeatrtwaeeatsK8388, 661.22 %; Palle faeieities/ arpeoaerteeleiurr ,aiaetriiaeaoasaaditem, dai/at<s ad epee ea ceatr (05,015,11),./TOT- ei� %t d oasaaa, sie / y4.edifoarteea daffafis aad siGtr- ,'ewea teats (f8, 671.67%' as CgditaI /ta/troaetaee Prgieets fad, ekv,e e oasaad, t4irtriti e dot ?aes a/Weixtrtu/a cents 6°3,035.62i; seeaaded Coaaci "i rke ( t/ VOTE KIRK - YEA/No WATFORD - YEA/No Page 2 of 12 MAXWELL - YEA/No WILLIAMS - YEA/No O'CONNOR - YEA/NO (—MOTION CARRIE ENIED. VIII. CENTENNIAL UPDATE. A. Present the monthly update from the Centennial Celebration Ad Hoc Committee - JD Mixon, Chair (Exhibit 1). 1. pprove the Centennial sponso �ed eVents (some dates are still tentative): z=�iVl { ��,/P2fis atio,y aids-maim' 1g CoancitI/L%wIers 11\—: �(/ to csapaue de Ceateaaidsp oorec(eweats as elrtecadate /71 6 VOTE KIRK - YEA/NO WATFORD - YEA/NO MAXWELL - YEA/No WILLIAMS - YEA/No A/No ��A �l • ION CARRIED( I NI D. /L at. I, i 1/9/1 5:30 pm Centennial Kick -off Celebration >/ (finalize @ 10/27/14 meeting) Domer & Mixon Park 4, 5 or 6 v TBD Preliminary $1520 Starts 1/19/15 Centennial: 100 -Days Scavenger Hunt 'M'�"4x- at vaA�z. `� " ~t' wu Ends 6/15 (finalize @ 11/10/14 meeting) Turgeon #okeechobee100 TB TBD Tentative: 1124, 4/11, 6/20, 9/19, & 10/17 Centennial Historic Bus Tours (finalize @ 11/10/14 meeting) Cable Various Historical Society TBD Sat, 4/18/15 Mayors Centennial Gala Enfinger Silver Palms TBD Preliminary $5250 Prefer Sat, 6/13115 Centennial Birthday Party Turgeon TBD (Sacred Heart Church facilities offered) TBD Preliminary $2500 Prefer Sat, 10/10/15 OHS Kick -off Classic Football Game & ra llli tV TBD Prefer New Park TBD Preliminary $1500 5 -8 PM Athletic Booster Club Program Fri, August - Athletic Program 'Centennial Edition'? Hoover OHS TBD TBD -Logo Patches for Football & Band? - City /CCAHC participation, halftime special? Prefer Sat, 10/10/15 Centennial Heritage Festival (or Centennial Founders Day)`�� ra llli tV TBD Prefer New Park TBD Preliminary $1500 Tue, 12/1/15 Centennial Time Capsule L/hri s % ill" 117 & Burial Ceremony °F (finalize @ 11/10/14 meeting) 1 n ✓o venue lb /`'t � Gaiser ! iG j7zezcs Opp o /ef7 City Hall y fop !/1 Domers City Ha I cii ps ilH y Preliminary $1500 Tues, 12/1/15 City's Annual Lighting Celebration Whitehall City Hall Park City Hall TBD 5 -8 PM Fri, 12/11/15 Elsken TBD Prefer Metho- distchistoric court hoouse use b breeze- way & lawns TBD Preliminary $4500 Centennial Frolic reet Dance BQ) Page 3 of 12 TBD Okeechobee Community Theatre Historic Play Elsken Freshman Campus Auditorium TBD TBD 2. Approve Centennial Capital Improvement Projects: a) Brick Pavers /City Hall Front Walkway Remodel Project (Will -4a / i,) b) entennial Par k/a Taylor Creek Park) /L%tion andsecond6, Coma y%arJers to ga/roae t'e C/,//P,4 ts, &vet Paaees /City,4 ff /i�aat IVa/Swa, PerraddP? t,• cod Centennia2Par.€ ((/1 /a %jar era Pane) 2 VOTE KIRK - YEAINO WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/NO - aIYIQTION CARRIED1DENIED. Approve the preliminary Centennial Sponsorship Packets, with only two levels, $500 for Individual Sponsors and $1500 for Corporate. Ration andsecond4 Cowed' Wellde,es ifor /ndµidaa/< Nreaee and$1500lop Corporate to eso,pooe t lininarcd Centennia/' onsors/p Pokes, wit% on twa peoeps $500 VOTE KIRK - YEA/NO WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/NO MOTION CARRIED /DENIED. 4. Ratify the CCAHC's approved requests from the Historical Society and Retired Educators Association to be a Centennial Partner. The Historical Society will be sponsoring the Historic Bus Tours as well as selling Historic Post Card sets. The OREA will be selling Christmas ornaments featuring the City Seal. By being an approved partner, both organizations items will be promoted on all CCAHC materials and at events, as well as useAf the Centennial Logo. /i%tiaa andseeand6g CaanciiNewlees t%L torati j t%e &When,re9aeseeirom toe aistariea/S'ociet, an/ Retired Edacators association to 6e a Centennra/Partner. %ke kstarica2<S'ocid:, wip/6es/ansarinv tie storie Bas Torsos weppassepevlstarie Past Cararsets. %/e oe-, „,,o& sepia$ C/ Lri starasornamwrtsieataria�tieCit ,.i'ea /B,1649a approauipartaer; loch/'/ aniiatiaasitearswipp1e /raaratedona /ICC11 //C materia& and atea -ents, as we// as ase al de Ceatennia/tap Ad et.4..4 -ax . VOTE KIRK - YEAINO WATFORD - YEA/NO Page 4 of 12 MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/NO MOTION CARRIEDTDLN D. 5. Approve Centennial Fundraisers: a) Brick Pavers for the City Hall Walkway 1 prq�ve Project b) Historic Prints /(4'(15-0.1--P ( b// 1 /l r i rs AA-ski-Ica i' e1�a.ucei J c) Tickets /Tables to the Mayor's Gala oet;9a adeeeo iIf Goaae, //LJem1ers 0 to ?pope de Geateaa/a` / aacoraisers; a grief Paaerslee de Cie, //aI /Wa/,ewaa /m /roaemeat Peg eet, 6/ I/tstoric Pr /ats,• aaa'ci Te6es/ra to t/ce Nap, s Oh pm- 1,0)L4 eO rk ji,uri< c. f & ? wkere rno ' Yl front, (i-e p rt ov) COM4VOTE KIRK - YEA/NO MAXWELL - YEA/NO O'CONNOR - YEA/NO WATFORD - YEA/NO WILLIAMS - YEA/NO CiOTIoN CARRIED NIED. C� c4,u. � J p _ S 1X 4Y S For Informational Purposes: The CCAHC is also partnering with existing events throughout 2015, some may feature Centennial Contests, others will be participation, not all are listed as many events still need CCAHC coordinators: Participation at the Jan 17, OKMS Day of the American Cowboy Participation at the Jan 21, Kiwanis International Centennial Celebration Centennial Poster Contest at the Feb 7 -8, OKMS Top of the Lake Art & Chalk Festival Centennial Team in the Feb 21, FOR Okeechobee, Inc., 5K Ribbon Run Participation at the Feb 28 -Mar 1, Battle of Okeechobee Reenactment Centennial Float in the Mar 14 -15, OKMS Speckled Perch Festival & Rodeo Centennial Team in the Mar 28, March of Dimes Walk Participation at the April 4, Kiwanis Easter Pancake Breakfast Participation at the Jul 4, FOR Okeechobee, Inc., Independence Day Celebration Centennial Float in the Sep 5 -7, OKMS Labor Day Festival & Parade Centennial Paddle Decorating Contest at the Oct 3, Adam Bryant Minimal Regatta Centennial Float in the Dec 12, OKMS Lighted Christmas Parade Approved Meeting Schedule To Date through the Holiday Months: October 27, 2014 November 10, 2014 November 17, 2014 December 8, 2014 December 15, 2014 January 12, 2015 January 26, 2015 IX. OPEN PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS AMENDMENT ADOPTION - Mayor. / t1/ WOR/ t7P ,rOPEDTffEPUBI /CffinemfOOPCD,e/or NoIE17100Pl/ON ,4T 3 l Pi(( A. 1. a) Motion to read by title only proposed Ordinance No. 1115, amending Land Development Regulations, Section 90 -223 Special Exception Uses, by expanding the list to include personal services, excluding pawn shops - City Planning Consultant (Exhibit 2). GaaaefI/L%m1er maaecitoreaaa,eaoa/ pro/oseclOraiaaaceNo. 1115, ameolivLao/Pea-do/wore Reya /tioas S'ectioa90- 223Y'/eeta/E,cee /tiaa Glees, ee/aaaiari de Ike to iaefac�e/ersoaa/seraiees, exacaia�/awa Sloe; seeodecat Coaac,e/L%mkee Page 5 of 12 b) Vote on motion to read by title only. VOTE KIRK - YEA/No WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO 0'Co o LT...Y A/No MOTION CARRIED /VIED. c) City Attorney to read proposed Ordinance No. 1115 by title only. fftta,- KetCade&adpapoedOed7aKCe46. 11156 We o4 as/o /Iws• "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS, CHAPTER 90- ZONING, ARTICLE III- DISTRICTS AND DISTRICT REGULATIONS, DIVISION 6 COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT, SECTION 90 -223 SPECIAL EXCEPTION USES, BY EXPANDING THE LIST TO INCLUDE PERSONAL SERVICES, EXCLUDING PAWN SHOP; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion j�t/o dopt proposed Ordinance No. 1115. ('oan llNearJer J / Novel to adopt /polarised Ordiaaace M. 1715; seeoade/ Caaleii/L%orJer Puplic comments and cussion. .a..44/-0 0 /4- !LLAZ-= c) Vote on motion. VOTE KIRK - YEA/NO WATFORD - YEA/NO MAXWELL - YEA/No WILLIAMS - YEA/No O'CONNOR - YEA/NO OTION CARRIED1DENIED. CLOSE PUBLIC HEARING - Mayor. NtIPAc' /Pit; C /OYED77/E Mild 1#E1k /AVIT O V/ P./ Page 6 of 12 X. NEW BUSINESS. A. 1. a) Motion to read by title only proposed Ordinance No. 1116 and set final public hearing date for November� 18, 2014 regarding Amendment 2, Medical Marijuana - City Attorney (Exhibit 3). (ioareil/1%rrIe, `-' /taw, c/ to Peal It tithe or froFiased Drairaree /(/o. 1116 araset fiaaIpalet 4e-ev ,9 crate for /16o-&m er 18, 2011 ivaraiv flmerdiirent2, /L%aeaMkeiaara,•secoraW Coareii/L%orie,. eza b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA/No WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/NO ION CARRIEENIED. c) City Attorney to read proposed Ordinance No. 1116 by title only. flttoro , Cool reaaproposedDrairareao. 11166,titee AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve first reading of proposed Ordinance No. 1116. %�� Caareie/L%�r6er G,{) ,iroaeato cjdproue�irstreaar4 of moose" Onli arce 44,7116; seeoraea6� CoarciiA%rke //1. () b) Discussion. /6' Ll� �' iJ c�cic - ,i jtuJ4 .,i,,{ *e G de i't L 9 Alp) -ri tow dbati-0-4.-) S AdiAd Cdr p_ � ?u� dart. f dole) . • tl %-! Page7of 12 c) Vote on motion. VOTE KIRK - YEA/NO WATFORD - YEA/NO Page 8 of 12 MAXWELL - YEA/NO WILLIAMS - YEA/NO CARRIED ►` ENIED. B. Discuss a request to erect a business monument sign on the City right -of -way at the location of 210 NE , 3rd Avenue - Corey Penrod, Penrod Construction Company. 1 / 1y R/(G sexo/r % Gauaeii/Z%hrkers �1nap u:6Q.0 Q'ab!lj" wC f �. ail) / J4 LA/, !_ G L I MI6 .. .;...1= . , ., IAA /,. J lLJ L? (L di L!A. r1 A _df I lA A , tod-- ? PO W Jo. 1,,,,,,„ 'Lied 6r) 140-w- (i)y, i[4-4 * (9 Lt' `e'f ms) U Xi, (--1 AgL,g-d-e-n— 01--g to 4:1 _8.-1-Wu2A ab;4 0 601►+ 6 0.11,t-1,a--& `4) /te-a —a-A -‘ Lib .Ai211/ -6V—C. — A 6 I nom -0-6 Q VOTE KIRK - YEA/NO WATFORD - YEA/NO Page 9 of 12 MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/NO DENIED. C. Consider a reduction of up to 20 percent of the required parking for the proposed uses, and use of five off -site parking spaces located in the parking lot of the 300 - Plaza, provided the applicant obtains a parking use agreement, acceptable to the City, and signed by the owner of the 300 - Plaza, that ensures the availability of the five off -site spaces for as long as they are needed to meet the parking requirement for the proposed uses at 210 NW 5th Street - City Administrator (Exhibit 4). COU/(eiJ/L%m6ep 1 Ull4A..Q._ it t iL. i--� // a 7t/ uAti 4M - Quc'zo (hJ Jl / � L L 6 y2� Aye r — G GO-14k /t-a -=.0 1J Jam- .J 1, . L A&ILI �� .∎.v al Q - /��J e 't 1, % —Aace, — I 1 1, - 1 i /G2f / , WIPARIIMPal • , .ti�...r( A / i 1 1 $. ftik1 1 I GL)'. /mew appuxt 00 96 oi 1,.(' fi , fkv zr-cam PG() / e,d 9, VOTE KIRK - YEA /NO WATFORD - YEA/NO Page 10 of 12 MAXWELL - YEA/NO WILLIAMS - YEA/NO NNOR— No OTION CARRIED/D IED. D. Consider a Temporary Street Closing Application, submitted by Central Elementary School, to close SW 5th Avenue between SW 6th Street and SW 8th Street from 4:00 PM - 9:00 PM on October 24, 2014 for their Annual Fall Carnival - City Administrator (Exhibit 5). A ,Anr andseeatd67 C,'oaaa/LeNk#s to rf/z'i aue de cforAatio7 sa6(titted63 Cieatra /Eeenreitae,.'c/nooe to telora4 else aloortioa a /S'oatriwest,7 %e, ae between Yoatkwest6' atd84 Yepeet ,, irony 4;00 to 9 ;00 P/1 o. Oetode, 21, 2011, for deir ,4A'Kaafr aI earaiaal VOTE KIRK - YEA/No WATFORD - YEA/NO MAXWELL - YEA/No WILLIAMS - YEA/NO O'CONNOR - YEA/No MOTION CARRIEb1&ENIED. E. Consider a Temporary Street Closing Application, submitted by Open Hands Health Center, Inc., to close SW 4th Street between SW 5th Avenue and SW 6th Avenue from 6:00 AM - 10:00 AM on November 22, 2014, for a 5K race beeCity Administrator (Exhibit 6). /Lotion andseeoad CoaneieVienr6ers to oopooe de gapleatiaa sa6nritted6, to Ce orarit9p close Oraeir #ands &ale% Ceate , //re., a portion oif Yoatkoest4'' <i'treetIetween Soat/west 6 and6" floe/men, /ronr 6.001// 1. to 70:00 AR an /Voaenr6er 22, 2014, far deir a 5/t race 6eneit ,h— �p t /rOlefs et p ,or� a10,) t#6-e2 110,..kadl 6101 - KIRK - YEA/No WATFORD - YEA/NO MAXWELL - YEA/No WILLIAMS - YEA/No O'CONNOR - YEA/NO OTION CARRIED /DE IED. F. Motion to approve FDEP Grant Agreement No. S0730 for storm water conveyance; debris and muck removal - City Administrator (Exhibit 7). /Lotion andseeo d6 Comrel/L%/n6ers 6 to go/pope a��florida &poetnreeo Foironnrenta /Protectio n �raatllfreenrent/Vo. Y0730 for start( water covert/we,. t/we,• debris turd mot renraaaf eta KIRK-YEA/NO WATFORD - YEA/NO Page 11 of 12 — VOTE A./A-41)14-1L41-4) -t 4Q -K.h- - YV/Le MAXWELL - YEA/NO ONNOR - YEA/N0 WILLIAMS - YEA/NO MOTION CARR1EB ENIED. _`(.. 0 0V offq G. Consider a motion to waive the formal bidding procedures and award a sole- source contract to Global Mapping, Inc., in the amount of $8,800.00 for annual mapping services - City Administrator (Exhibit 8). C0.0/444 0- Y)111 /ft ovecito waive the /oemaI6ic(Qirf / oceaaPes aaclawar'Ja so4- soaece eortl-aetta (j''o' 6a //11gap/Kf IKC„ is de amoanto/ e /1%t t/cvasarcl, e it %at4e,cf a/ollafis (0,800,00) t6ie Citg s arraalrrafi`iir, s vices; seearclec( eoarei //4,1er ICA) C. d i' D6 Via. of VOTE KIRK - YEA/NO WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR - YEA/NO MOTION CARRIED /DENIED. H. Consider Citizen Board Appoj tm nts - City Clerk (Exhibit 9). Notion arc/secorc Coare/J/*efide s' to gaf airte N%, No Jrassairt as ar akte' rate rrerrIe/- to t6Ce Perr/r$ Boa, a Booed o/ 110(st/rert a,d/2es r A G%ea Bo a/.1 term erair411,wii30, 2017 (, epaeir, J VOTE KIRK - YEA/NO WATFORD - YEA/NO MAXWELL - YEA/NO WILLIAMS - YEA/NO O'CONNOR -YEA/NO OTION CARRIEVDtNIED. I. Discussion regarding the demolition of the train depot - City Councilman Watford. A-fry- '. /YU 0 (.-C N14 V f r∎4,3 0 /- Gi j.P ;a- t11(-Pj( i- • Ei yt a1 R. r c MilliffillIWAIMAIAIEL A.—. i XI. ADJOURN MEETING - Mayor. T6e�e6eiry ire Ifa /4e/- iterrsarticeafercaa, Nape 1apapreclt%erreetirc9at 7:6412.P., 1 Page 12 of 12 CITY OF OKEECHOBEE OCTOBER 21, 2014 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER - MAYOR: II. OPENING CEREMONIES: October 21, 2014, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. - C\dd \51 r A+ It 11 tc tEs, uuuns re4Le,t0 w cs-e.L,siO October21, 2014 PAGE2OF4 V. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a Five -Year Longevity Service Award to Jackie Dunham. B. Present a Ten -Year Longevity Service Award to Justin Bernst, C. Present a Fifteen -Year Longevity Service Award to Sue Christopher. D. Present a Distinguished Service Award to The Very Reverend Edward Weiss. E. Proclaim the week of October 19 - 25, 2014 as "Florida City Government Week." e kte. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the September 30, 2014 Regular Meeting and Final Budget Hearing. VII. WARRANT REGISTER. General Fund Public Facilities Improvement Fund FDOT - Grant Fund Capital Improvement Projects Fund $388,664.22 $ 95,015.11 $ 8,614.67 $ 3,035.62 VIII. CENTENNIAL UPDATE. A. Present the monthly update from the Centennial Celebration Ad Hoc Committee - JD Mixon, Chair (Exhibit 1). IX. OPEN PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS AMENDMENT ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 1115, amending Land Development Regulations, Section 90 -223 Special Exception Uses, by expanding the list to include personal services, excluding pawn shops - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1115 by title only. C7 O C/)0 D5-50 00 < 0 CAD 00 0- CD CD OC 0 n - O C7) -�° in - n) 00. a) cn o cn C-7 CD • 0 o. 3 a) v 6 E v O ° �' 0 0_ = O C CD co CD "D x C) c 0 al Ei0 Q° o �u) �o �o 0 o FD, o 5 o m v �� • o 0 0- "C7 N = — 0 0 o cn O o c)- o 5• -o o co O 5' i3 0 cn 0 co o y (On o 5- 3 (D-0 CD 0 o — • 0 cn 0)� 3 cn c co N O O C = O C C O Q- C0 a) (1) -P c a) 5s= v cn O O 3 a- (0 g- O 74: 0 C us 0 �• 0 a) O O CD D 0' o Cp s 0 C C CD CD �G C n o C CD CD -o -'. 0 O �O co t O_ O O o '� (/) cv co a) FD- CD 0 ° CD 9 cD cD C `< vO : o c - cp C o (D 0" v = -o CD = co Cn '� 0_ O c� O 0 0 � ru Qo CD CD 5 3 - 3 0 ° 00 5'o C Fii 0o m = c1 a) o ET CD CD 0_� z Cn (n- 0 m x* OCDW w a o < D CD `< m CD we �� C 3 (D C. CD = 0 O O CCD CT CD CD- CCD 0 CAD • O CD CD co C O Cn CD 0 CA) 0 o o O Q- 5 zC v 5. N CD 01 co CD CD 0 a) CJ) 0- 03 C CD _� CI- CD CD O � C o C c D a '.< - cn O Corey Penrod, Penrod Construction Motion to approve first reading of proposed Ordinance No. 1116. City Attorney to read proposed Ordinance No. 1116 by title only. Vote on motion to read by title only and set final public hearing date. a) o "E. 0 a) 0 0 v n Q D o Co- CD 0 0 x -o � o "'CS ▪ ow m 0_ 0 Q 0 0 0 co O O v C 0_ N cc cv -o C 0 0 0 a) 0 z 0 CD 3 o- (o 00 N CD CO v 0 c0 D 3 co 0 0_ 3 CD .C« N CD 0: 0 v 'SS3NISf1B M3N 'ONI21V3H DfBld 3S013 • UOITOW UO 010A CT .uoissnosip pue stuawwoo o!Ignd B.2.a) Motion to adopt proposed Ordinance No. 1115. 3F 1 tCZ P PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS AMENDMENT ADOPTION CONTINUED. ti Jo £ 3OVd 17I.0Z `1,Z Jago1o0 October 21, 2014 PAGE 4 of 4 NEW BUSINESS CONTINUED. X cB 0 %C) 0 ..0 N 2 • (0 ch 0 W O O U O N • E a) Q 0 0 _c 1 a) a) 2 0 0) c U (0 0 U') CL 0 cB o W N (n L o E i CQUELINE L. DUNH In Recognition of your 5- Years of Service, Hard Work, and Dedication . to the City, its citizens, and your fellow employees from October 6, . 2009 to October 6, 2014 Presented on this . j'1.5 f day of CO V , ) G /'., , on behalf of the Mayor and City Council for the City of Okeechobee, Florida City o f Okeechobee Office of the City Clerk October 14, 2014 Ms. Jacqueline Dunham 7950 Highway 78 West, #146 Okeechobee, FL 34974 Dear Ms. Dunham: It is hard to believe that five years has past since you first became a member of the "City Family." At this milestone the Mayor and Council would like to take time during the October 21, 2014, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. It is an honor for me to have the opportunity along with the Mayor and Council to offer a most sincere, "Congratulations, well done." May there be many more years to come. Should a scheduling conflict arise, please call my office, 763 -3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so they, too, may share in this occasion. Sincerely, (vo,/ Lane Gamiotea, CMC City Clerk /Personnel Director LG /mj Ecopy: Brian Whitehall, City Administrator Patty Burnette, General Services Coordinator 55 S.E. Third Avenue • Okeechobee. Florida 34974 -2903 - (863) 763 -3372 s Fax: (863) 763 -1686 is �. /r�i�''��.I `.'•: �� ,I 1 ..... ,:.`i • 4. ,.. 7 _t :;f .` poQ I cr,. :: % 1 �o��fnnr =mt_ �RO•�joos riii �iic= ,� ��0% i►. +i• Ol. to \�f slit i VP,"• ��`.;• •:.:;i •�`:0 °• fui%.iiic `�'i�� ♦ ♦ nM a 4' t a s a ~l I \ -' 1 frf t �►� %' 4,tf/:I `''t► { \I� . 4111 �4� /):!I': �� IIo cn■u■ii" �Q' 1)1�% 4� A� S1t�` 001 lit , // ��``,r +I` ■i1 .1:42* :1'� ll s � -r /'t r.11I:i fill �k ♦ � u4�� il !1 ��'—��> `r / Presented To: In Recognition of your 10 -Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees from October 15, 2004 to /October 15, 2014 Presented on this ;. %`15f day of c_ ! (- //�c' /z ' y ��,. /'� , on behalf of the Mayor and City Council for the City of Okeechobee, Florida James E. Kirk, ayor ATTEST: La e Gamiotea, C C, City Clerk `764: �J� _ \��! . �� InU► OG •• //��9 i, I �11r71 \� ,�I ��♦ r 1 •♦ ' 1 irmi �in --a Awe..'mtm■■qun■ :$ . ■ -�: � ��■nv�c mr/� 4 , �, „_ i, ;,,r\ min miH,itiri. _ r.< \ _ _ 611 ''! a �G\��,... City of Okeechobee Office of the City Clerk October 14, 2014 Mr. Justin Bernst 3785 Northwest 1st Street Okeechobee, FL 34972 Dear Sergeant Bernst: Time sure does fly when you are having fun! Can you believe it has been 10 years since you first became a member of the "City Family." At this milestone the Mayor and Council would like to take time during the October 21, 2014 meeting, to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. As a way of saying "Thank You "to our employees for their dedication, I would also like to point out that by reaching this milestone, there will be changes to your benefits. Beginning this month, your annual leave accrual will increase to 10 hours per month and 50 percent of your sick leave balance is eligible as a paid benefit, so long as separation with employment is on good terms. You have met the number of years of service that Education Reimbursement Contracts are no longer required. Then finally, you are now considered a vested member of the Police Retirement Fund. It is an honor for me to have the opportunity, along with the Mayor and Council, to offer a most sincere, "Congratulations, for a job well done." May there be several more years to come. Should a scheduling conflict arise, please call my office, 763 -3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this special occasion. Si ,cerely, ) (\_:/ Lane Gamiotea, CMC City Clerk /Personnel Director LG /mj Ecopy: Police Chief Davis 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863)'763 -3372 • Fax: (863) 763 -1686 N_ SUE CHRISTOPHER In Recognition of your 15-Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees as an Administrative Secretary to the Fire Department from October 18, 1999 to October 18, 2014 Presented on this r AO day of oh , „Cfd/ , on behalf of the Mayor and City Council for the City of Okeechobee, Florida Citq of Okeechobee October 14, 2014 Ms. N. Sue Christopher 3807 Southwest 13th Terrace Okeechobee, FL 34974 Dear Ms. Christopher: Office of the City Clerk Fifteen years may seem like a long time, but I would be willing to bet you've enjoyed every minute as a "City Family" member. At this milestone, the Mayor and Council would like to take time during the October 21, 2014, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. In addition, I would also like to point out that by reaching this milestone, there is another change to your benefits. Beginning this month, your annual leave accrual will increase to 13.3 hours per month. Just one of the many ways the City says "thank you" for being so dedicated. It is an honor for me to have the opportunity, along with the Mayor and Council, to offer you, a most sincere, "Congratulations, you did it!" May there be more years to come. Should a scheduling conflict arise, please call my office, 763 -3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they, too, may share in this special occasion. Sincerely, Lane Gamiotea, CMC City Clerk /Personnel Director LG /mj Ecopy: Herb Smith, Fire Chief 55 S.E. Third Avenue - Okeechobee. Florida 34974 -2903 (863) 763 -3372 Fax: (863) 763 -1686 D1sTINGuIsHED SERVICE AWARD Ictotl °TO TtlE, Presented to Father Edward A. Weiss WHEREAS, The Very Reverend Dr. Edward A. Weiss, Rector, began his service at Church of Our Saviour on June 4, 2000; and WHEREAS, during his 14 years, many lives have been touched as he has distinguished himself as a humble servant, spiritual leader and a strong advocate throughout the community as well as his church; and WHEREAS, he has sincerely given of his time, portraying discipleship to many local organizations especially the Okeechobee Ministerial Association, building camaraderie among the various denominations throughout Okeechobee. NOW, THEREFORE, in appreciation for your service and dedication to the community, the City of Okeechobee, Florida, proudly recognizes your selfless contributions by honoring you with the prestigious Key to the City. Given this 1st day of October, 2014 Attest: awes E. Kirk, Mayor Lane Gamiot a, City Clerk Office of t e Mayor ri Okeec oLee F(ori? a ti WHEREAS, Citygovernment is the government closest to most citizens, and the one wi the most direct daily impact upon its residents; and WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by Citygovernment in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of October 19-25, 2014, as "FLORIDA CITY GOVERNMENT WEEK" in the City of Okeechobee. In witness whereof I have hereunto set my a. hand crud aused this seal to affixed. Date: October -21 =2Q (_1 I Exhibit 1 Oct 21 2014 CENTENNIAL CELEBRATION AD HOC COMMITTEE MONTHLY UPDATE /REPORT TO CITY COUNCIL OCTOBER 21, 2014 In addition to the verbal update from the CCAHC Chair, the following items should be considered for City Council approval and /or direction: 1. Approve the Centennial sponsored events (some dates are still tentative): DATE/TIME EVENT COORDINATOR(S) LOCATION SPONSORS BUDGET Fri, 1/9/15 5:30 pm Centennial Kick -off Celebration (finalize @ 10/27/14 meeting) Domer & Mixon Park 4, 5 or 6 TBD Preliminary $1520 Starts 1/19/15 Ends 6/15 Centennial: 100 -Days Scavenger Hunt (finalize @ 11/10/14 meeting) Turgeon #olceecnobeeloo TBD TBD Tentative: 1/24, 4/11, 6 /20, 9/19, & 10/17 Centennial Historic Bus Tours (finalize @ 11/10/14 meeting) Cable Various Historical Society TBD Sat, 4/18/15 Mayors Centennial Gala Enfinger Silver Palms TBD Preliminary 55250 Prefer Sat, 6/13/15 Centennial Birthday Party Turgeon TBD (Sacred Heart Church facilities offered) TBD preliminary 52500 Fri, August OHS Kick -off Classic Football Game & Athletic Booster Club Program - Athletic Program 'Centennial Edition'? -Logo Patches for Football & Band? - City /CCAHC participation, half -time special? Hoover OHS TBD TBD Prefer Sat, 10/10/15 Centennial Heritage Festival (or Centennial Founders Day) Williams TBD Prefer New Park TBD Preliminary 51500 Tue, 12/1/15 Centennial Time Capsule & Burial Ceremony (finalize @ 11/10/14 meeting) Gaiser City Hall Domers City Hall Preliminary 51500 Tues, 12/1/15 5 -8 PM City's Annual Lighting Celebration Whitehall City Hall Park City Hall TBD Fri, 12/11/15 Centennial Frolic (Street Dance /BBQ) Elsken TBD Prefer Metho- dist church, historic court house breeze- way & lawns TBD Preliminary 54500 TBD Okeechobee Community Theatre Historic Play Elsken Freshman Campus Auditorium TBD TBD TBD: To Be Determined 2. Approve Centennial Capital Improvement Projects: a) Brick Pavers /City Hall Front Walkway Remodel Project b) Centennial Park (f /k /a Taylor Creek Park) 3. Approve the preliminary Centennial Sponsorship Packets, with only two levels, $500 for Individual Sponsors and $1500 for Corporate. Page 1 of 2 4. Ratify the CCAHC's approved requests from the Historical Society and Retired Educators Association to be a Centennial Partner. The Historical Society will be sponsoring the Historic Bus Tours as well as selling Historic Post Card sets. The OREA will be selling Christmas ornaments featuring the City Seal. By being an approved partner, both organizations items will be promoted on all CCAHC materials and at events, as well as use of the Centennial Logo. 5. Approve Centennial Fundraisers: a) Brick Pavers for the City Hall Walkway Improvement Project b) Historic Prints c) Tickets/Tables to the Mayor's Gala For Informational Purposes: The CCAHC is also partnering with existing events throughout 2015, some may feature Centennial Contests, others will be participation, not all are listed as many events still need CCAHC coordinators: • Participation at the Jan 17, OKMS Day of the American Cowboy • Participation at the Jan 21, Kiwanis International Centennial Celebration • Centennial Poster Contest at the Feb 7 -8, OKMS Top of the Lake Art & Chalk Festival • Centennial Team in the Feb 21, FOR Okeechobee, Inc., 5K Ribbon Run • Participation at the Feb 28 -Mar 1, Battle of Okeechobee Reenactment • Centennial Float in the Mar 14 -15, OKMS Speckled Perch Festival & Rodeo • Centennial Team in the Mar 28, March of Dimes Walk • Participation at the April 4, Kiwanis Easter Pancake Breakfast • Participation at the Jul 4, FOR Okeechobee, Inc., Independence Day Celebration • Centennial Float in the Sep 5 -7, OKMS Labor Day Festival & Parade • Centennial Paddle Decorating Contest at the Oct 3, Adam Bryant Minimal Regatta • Centennial Float in the Dec 12, OKMS Lighted Christmas Parade Approved Meeting Schedule To Date through the Holiday Months: October 27, 2014 November 10, 2014 November 17, 2014 December 8, 2014 December 15, 2014 January 12, 2015 January 26, 2015 Page2of2 Exhibit 2 Oct 21, 2014 ORDINANCE NO. 1115 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS, CHAPTER 90- ZONING, ARTICLE III - DISTRICTS AND DISTRICT REGULATIONS, DIVISION 6 COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT, SECTION 90 -223 SPECIAL EXCEPTION USES, BY EXPANDING THE LIST TO INCLUDE PERSONAL SERVICES, EXCLUDING PAWN SHOP; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, Ms. Donna Wildes d /b /a Beasts and Barbells, LLC, has heretofore filed Application No. 14- 001 -TA, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of requesting the City to review and consider amending the allowable uses within the CPO Zoning District; and WHEREAS, the Planning Board, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, at a duly advertised Public Hearing held on September 18, 2014, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. Amendment and Adoption. That Subpart B -Land Development Regulations, Chapter 90- ZONING, Article III - Districts and District Regulations, Division 6 -CPO District, Section 90 -223, within Part 0 Code of Ordinances for the City of Okeechobee, Florida, is amended to read as follows: Sec. 90 -223. Special Exception Uses. The following uses and structures are permitted in the CPO District after issuance of a Special Exception Use Petition and may have additional conditions imposed at the time of approval: Language to be added is underlined Language to be deleted is Ordinance No. 1115 Page 1 of 2 (1) Day care center. (2) . Personal services, except pawn shop. (3) Cafe. (4) Business School. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5). SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. Severabilitv. 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 at a Public Hearing for First Reading, and set for Final Public Hearing on this 30`h day of September, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 215` day of October, 2014. 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 at.a�A tl „�eyl James E. Kirk, Mayor Ordinance No. 1115 Page 2 of 2 Exhibit 3 Ott 21, 2014 ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a measure on the ballot of November 4, 2014, for voter consideration to approve Amendment 2, the so called "medical marijuana" amendment to the State of Florida Constitution; and WHEREAS, should the matter be approved by vote of the electorate, the Florida Legislature or State Administrative Agency, may enact certain regulations or restrictions as to the manner and means of the sale and distribution of "medical marijuana;" and WHEREAS, pending such vote, and subsequent action by the Legislature or State Administrative Agency, it is not clear at what point and to what extent local municipal governments can impose local regulations, be it by Zoning and Land Use Regulations; or Special Exception; or imposing an outright ban on such activity; and WHEREAS, local municipal governments have a legitimate and inherent interest in the sale and distribution of substances that impact the quality of life in the City of Okeechobee, and which may cause impairment to its citizens and others, and can enact ordinances to address and regulate such sales; and WHEREAS, the City Council for the City of Okeechobee, believes it is in the best interests of the City and its citizens of Okeechobee to impose a Moratorium on the permitting of business locations to sell or distribute medical marijuana pending outcome of the vote, and clarification of the ability of local municipal government to impose additional or stricter regulations; 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 Presiding Officer for the City; that: SECTION 1. THAT the City Council for the City of Okeechobee, Florida, hereby enacts and imposes a Moratorium which has the effect of prohibiting and preventing any Department of the City of Okeechobee from accepting an application for Business Ordinance No. 1116 - Page 1 of 2 Tax Receipt, Occupational License, Land Use or Zoning change, Special Exception, or in any manner acting upon a request of any person or entity for the establishment of a business location within the City that is for the purpose of selling, distributing, advertising, or in any manner promoting the sale and /or distribution of marijuana for medical, or any other purpose. SECTION 2. THAT this Moratorium shall remain in effect indefinitely, pending further action by the City Council of the City of Okeechobee, which may then impose additional regulations, or Land Use or Zoning restrictions, on the operation of such a business. SECTION 3. THAT this Moratorium shall expire automatically without further action by the City Council of the City of Okeechobee, in the event the electorate should not approve Amendment 2 on November 4, 2014. SECTION 4. THAT should the measure be approved on November4, 2014, this Moratorium shall automatically expire 180 days from the effective date hereof, unless extended by further action of the City Council of the City of Okeechobee. SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. Should any provision or portion of this Ordinance be 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 7. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 215` day of October 2014. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of November, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1116 - Page 2 of 2 Staff Report Parking Reduction Exhibit 4 Oct 21, 2014 Prepared for: The City of Okeechobee Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC l st flJ. :Planning v.& Management Services, Inc. .;;,1375 Jackson Street, Suite 206 For Myers, Florida 239.336 -3366 Serving Florida Local Governments Since 1988 Staff Report Parking Reduction Appt: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC ;GeneralInformat�or>t� ' _Owner /Applicant Owner Address Site Address _ • Contact Person Contact Phone .Number: E -mail Address onna Wildes, dba_ Beasts &_Barbells, LLC 1647 SW 22nd terr. Okeechobee, FL 34974 . 210 NW 5th Street Donna Wildes 63-63443023 CEO @laurelpointe.net Legal Descriptigr ot7Subjectt Property Legal: Lots 7, 8, 9 and 10 Block 92, Okeechobee, Florida Location: 210 NW 5th Street, Okeechobee, FL Parcel Identification Number: 3- 15- 37 -35- 0010- 00920 -0070 Grieral ICifesc'r� tl�ll „r f/, 1 ;f ? i, G 2� y} ° U (fF e ys_L�, ^i•`i``,`ci2.1 )l e l t r Ms. Wildes has submitted an application to add personal services to the list of allow- able uses in the CPO District. If this request is approved by the City Council, the Applicant intends to use the vacant office building space located at 210 NW 5th Street. The building contains 6,746 square feet of heated floor space. Ms. Wildes has proposed two different options for consideration. These involve the following mix of uses: OPTION 1 OPTION 2 4,000 square foot fitness center 4,000 square foot fitness center 2,400 square feet of office space 1,500 square feet of office space 346 square feet of storage space. 1,246 square feet of storage space. In order to meet the parking requirements for the mix of uses under each option, Ms. Wildes is requesting approval for five (5) off -site parking spaces under the provisions of §90- 511(a)(2). The off -site spaces are to be leased from the owner of the 300 Plaza located immediately west of the proposed fitness center. Serving Florida local Covenunents Since 1988 1 Staff Report Parking Reduction Appit: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC She is also requesting reduction in the number of required parking spaces under §90- 485(a), which allows for the use of surplus on- street parking, that is not needed by other uses, to be counted towards the off - street parking requirement for the uses proposed for 210 NW 5th Street. Basic SifeCi ai*Cterisfic; Future Land Use Zoning District Use of Property Land Area Existing Commercial CPO Proposed Commercial CPO Vacant, former office building :Fitness Center, office use and associated storage 0.642 acres 0.642 acres Adjacen FLU Nk;Ctsida ed s}; gniiti isfi[ef'et4nttExi:stin Lanct,� Future Land Use North: Zoning District Existin Land Use Future Land Use East Zoning District Existing Land Use uture Land Use South Zoning District Existing Land Use Future Land Use West: Zoning District Existing Land Use Single - Family. CPQ'....... Two, single- family residences. Commercial CPO Offices Public North one- third, CPO; balance :PUB North one -third vacant, balance County offices Commercial CPO Offices Following is the Staff analysis of the project's consistency with the various City requirements and regulations. Serving Florida Local Governments Since 1988 2 Staff Report Parking Reduction Appt: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC Compd risorr' o. Proposawitfr ;L ©Sfanards:andlRequiremnfA Sec. 90 -512, Off - street parking requirements. Health club: 1 space per 150 square feet of floor area Office: 1 space per 300 square feet of floor area Storage No parking required Parking Requirements 210 NW 5th Street 7,600 Square Feet of Floor Area OPTION 1 OPTION 2 4,000 sf fitness center = 26.7 spaces 4,000 sf fitness center = 26.7 spaces 2,400 sf office space = 8.0 spaces 1,500 sf office space = 5.0 spaces 1,200 sf storage space = no spaces 2,100 sf storage space = no spaces . Total spaces required:= 34.7 Total spaces required: = 32 There are presently a total of 20 parking spaces on the site, of which one is desig nated for the handicapped. Therefore, in order to use the property as proposed under Option 1, another 15 spaces are necessary. Under Option 2, another 12 spaces are required. OPTION 1 Ms. Wildes is employing a two -prong approach to address the need for some of the additional 15 spaces. 1. Part one is to request approval for five off -site parking spaces under Sec. 90- 511(a)(2). She has obtained permission from the owner of the 300 Plaza, located immediately to the west, for the use of five of the 27 spaces located in that building's parking lot. According to the Property Appraiser's records, the 300 Plaza building has 6,746 square feet of heated space. If all of this space is occupied and used only for office uses, the required parking for the 300 Plaza is 22 spaces. [6,746 _ 300 = 22.49 spaces, rounded down to 22 as required under §90- 482(2)]. Since there are 27 spaces in the 300 Plaza parking lot, five of the spaces could be available for lease to Ms. Wildes to meet the off - street parking requirement for her proposed fitness center. Ser.ing Florida Local Governments Since 1988 3 Staff Report Parking Reduction Applitst: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC The off -site parking spaces would be somewhere between 340 feet and 450 feet from the entrance to the building, depending upon where in the lot the spaces will be located. The route is a direct, unencumbered walk along the sidewalk on the north side of NW 5th Street, with no need to cross any street. We believe the location of the off -site parking would be reasonably convenient and adequately serve the proposed fitness center. The Applicant has submitted a "Shared Parking Agreement" with the owner of the 300 Plaza to "...share our 5 excess parking spaces with Beasts & Barbells, LLC ..." However, the term of the agreement contains a provision that negates the ability of the City to rely upon those five (5) parking spaces being available to Beasts & Barbells for as long as they are needed. Specifically, the agree- ment states "This agreement shall expire upon the 'use' of either of the subject buildings resulting in a higher, more intense parking requirement." The preceding caveat in the parking agreement could result in the 300 Plaza accepting a new tenant, the parking requirement for which would increase the number of required spaces for the 300 Plaza building beyond the minimum of 22 spaces. If this were to occur, the agreement would expire and Beasts & Barbells would not have sufficient parking to meet the number of spaces required by the LDC. The agreement should ensure that the Applicant would have an adequate number of parking spaces as long as they are needed. A development order should not be issued for a use if adequate parking cannot be guaranteed. 2. The second part to the Applicant's approach is to request a reduction in the number of required parking spaces through the use of surplus on- street parking as allowed under §90- 485(a). Section §90- 485(d) limits the reduction to not more than 20% of the required parking. I visited the site recently and observed the on- street parking in the immediate vicinity of the subject property. At 4:00 PM on Tuesday September 30th I found five spaces immediately in front of 210 NW 5th Street and perhaps one or two spaces in front of the 300 Plaza that were not occupied and could potentially be considered "surplus" and available to the patrons of 210 NW 5th Street These seven (7) spaces represent exactly 20% of the parking requirement and could provide the basis for reducing the Applicant's off - street parking require- ment. Therefore, if the TRC determines that these seven (7) on- street parking spaces are "surplus ", the required number of off - street parking spaces for 210 NW 5th Street could be reduced to 28. However, even if the Applicant were guaranteed the availability of the five spaces in the 300 Plaza parking lot, there would still only be 25 off - street parking spaces available (20 on -site and 5 off - site). Three spaces short of the requirement. Serving Florida Local Governments Since 19SS 4 Staff Report Parking Reduction Appnt: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC In her application, Ms. Wildes also asked if she could use the available on- street parking for these three spaces. If allowed, this would mean granting a reduction of 10 spaces which is 28.6% of the 35 required. First, we don't believe that there are three (3) more spaces in the immediate vicinity that could be considered surplus. Secondly, §90 -485 (d) limits the reduction to not more than 20% and the additional reduction for on- street parking would not be allowed. Conclusion: Option 1 does not meet the requirements of the LDC and should not be approved. OPTION 2 Ms. Wildes asked if Option 1 were not viable could she employ Option 2, which reduces the office space from 2,400 square feet to 1,500 square feet, thereby decreasing the off - street parking requirement to 32 spaces. OPTION 2 4,000 sf fitness center = 26.7 spaces 1,500 sf office space = 5.0 spaces 2,100 sf storage space = no spaces . Total spaces required: = 31.7 The use of the five (5) off -site parking spaces located on the parking lot of the 300 Plaza is still the first part of this option. The second part also involves the request for a reduction in the parking requirement based on the presence of surplus on- street parking in the immediate vicinity. However, because the parking requirement has been lowered to 31.7, the maximum allowable reduction is 6.34 spaces, reduc- ing the off - street parking requirement to 25.36. This rounds to a requirement for 25 off - street parking spaces. Conclusion: If the Applicant can obtain an agreement from the owner of the 300 Plaza that guarantees the unconditional continued use of the excess five spaces, and if the TRC determines that the six spaces observed as vacant at 4:00 PM on Tuesday September 30th are surplus and available to the patrons of 210 NW 5th Street, Option 2 could be considered consistent with the LDC and could be recommended to the City Council for approval. Serving Florida Local Governments Since 1988 5 Staff Report Parking Reduction AppIr nt: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC The problem we have is that the "Parking Agreement" does not adequately ensure that the five off -site parking spaces in the parking lot of the 300 Plaza will be avail- able for use by the patrons of 210 NW 5thStreet for as long as they are needed. Therefore, while Option 2 may provide for the required number of spaces, because good planning practice dictates that a city should not issue a development order for a use if adequate parking cannot be guaranteed, we offer the following recommendations: 1. The TRC recommend approval to the City Council of Option 2 with a reduction of up to six required off - street parking spaces and the provision of five off -site parking spaces, with the stipulation that: a. The Applicant obtains an agreement from the owner of the 300 Plaza that guarantees to the owner of 210 NW 5th Street the availability of at least five parking spaces located in the parking lot of the 300 Plaza for the use of patrons of 210 NW 5th Street, and which spaces are in excess of the off - street parking requirement for the uses located in the 300 Plaza, for as long as the five parking spaces are needed to meet the off - street parking requirement for the uses located at 210 NW 5th Street. b. There continue to be at least 20 parking spaces in the parking lot asso- ciated with 210 NW 5th Street, one of which must be designated parking for the handicapped. 2. Alternatively, lacking an agreement acceptable to the City for the off -site park- ing, approval could be granted for a reduction of up to five required parking spaces. This would allow the Applicant to develop in a manner supportable by a base requirement for 25 required parking spaces. For example, she could operate 3,450 square feet of gym (requires 23 parking spaces) and 600 square feet of office space (requires two parking spaces); or, any other variation in the mix that results in an off - street parking requirement of 25 spaces. The balance of the building would be limited to storage of equipment and materials, etc. associated with the gym or office uses. This alternative would be accomplished through a recommendation by the TRC and approval by the City Council of a parking reduction of five (5) spaces and continued provision of 20 off- street parking spaces) in the on -site parking lot Serving Florida Local Governmems Since 1988 6 Staff Report Parking Reduction Appttt: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 004 -TRC (one of which would be for the handicapped). Submitted by: Wm. F. Brisson, AICP Planning Consultant October 8, 2014 TRC Hearing date: October 16, 2014 Serving Florida Local Covernments Since I)SS 7 Staff Report Parking Reduction Appliospot: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14-004-TRC FUTURE LAND USE MAP 61 60 ---- NW 7th St. Subject Property NE 41 COMPREHENSIVE PLAN LAND USE s'INGLE - FAMILY .2 Pfig MULTI - FAMILY Ea COMMERCIAL INDUSTRIAL • PUBLIC FACILITIES ET RESIDENTIAL MIXED USE 1.11.1:11‘: Serving Florida Local Governments Since 1988 8 Staff Report Parking Reduction Appooffit: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14-004-TRC I :1 62 ti ZONING MAP S ubject Property 61 60 .`! \TV 7.th St. - , 1.04 105 1 Si . Ld : 127 . 125 < 1-24- (ZONING 93 1 d6 NE 4-tl- - COY F.I.H4-3.-10:; DISTRICT In CHI! - CCVLIERCIAL CL7 - LIGHT CC VLIEFI,NAL CPO - •C!.". PROPEGGIONLA.L OFFICE j h-HOLINNG - P.L.ILICTAIAL ?tn. LC EACLITIEG VF RaGIDEUTI.41. ttLILTIFALIILY RV:4 - R.G1DriNTIAL RGF I -R%--SIZIENTIAL SIXGLE FAIVILY AGF2 - E ALLE FANIILY V.30 I 138 Serving Florida Local Governments Since 1 9SS 139 9 • Staff Report • Parking Reduction Appliclook: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14-004-TRC AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Serving Florida Local Governments Since 19SS 10 + s...►----- -: - - -- • • Exhibit 5 .. Oct 21, 2014 CITY.OF OKEECHOBEE • • ,4�`� *lt„,, _ � ,,1 �' � 55 SE THIRD AVENUE a;. �a.x' fit, ✓y �: ,,7.• OKE�+ CHOB3EE, FL 34974 Yf�` f � Fax: 8G3 -7 1G8G j 'r ,r: t�y Tele: ,863 -763- 3372 ext. 218 x: 63 -. 'r.' �'x�'� `F t∎ SPECIAL EVENTS AND /OR, TEM.POPARY *3.$ •;. • �� STREET AND SIDEWALK CLOSING . PERMIT APPLICATION . Page o.f3 Date Received: '-/ Date Issued: Date(s) ofi vent: l,. . 2oill- OeiQbr 24 Application No: Fee: A-- i Date Paid: 2..16 Information: Organization: tCe.DJ!neope Mailing Address: I r Tax Exempt No: 1.85--g0/0202. • G - 3. low s3i15 dG D Ke h0ba p 94 7_54 Contact Person: Mar /P� _ � ` ip' / .�- SIN /3.,_ /�'l C' T; -Mail Address: j .__inLt -h /-e t o kee • R/-7,f7. to . Telephone: Work: Lt43. 4 ? .57)77 1 Jiotne:1 7z , .Q.. yo. Via' .e9 1 _icon: Sums a of activities: . • Q. •Ca,Ynv / _ Proceeds usage: Please check requested Parks: A9/1. • P'lagler Parks: ❑ City Mill :Park . o in Memorial Park ci #2 o 113 o 114 n #5, o 06 On. tkddress of event: !oID SW 5 /e,/ DK•�E'� e',-2— ,L. 3 yq'7`/ • Parcel ID: • TEMPORARY STREET ANP SIDEWALK • If not using Park(s), provide event address: (7 10 30 56 Ave.�t .- . age ' o: CLOSING INFORMATION • ,` e � %- ' �• • 7 7- • _ Street Address • C.Uy State Zip Code • Streets to be closed: () � J O ?W_Ge° ell s& 'NW .. e. / . � Date() to be closed: �._. i a QG Time(s) to be closed: -j -c) 4.V.0 9100 m Purse of Closing: cjci. grnih i95. 11. A -71" / ' .L'• �,. J Attachments Required: • . Charitable Functio.n Temporary Street and Sidewalk Closing Itze Site Plan ® Original signatures of all residents, property owners and business owners affected by the closing_ Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and RJ . Flamrick Testamentary Trust as additional. . insured. l) Copy of liability insurance in the tuxiount of $1,000,000.00 with t'hc City of Okeechobee and R.F. Ban-wick Testamentary Trust as additional insured. 0- Proof of non - profit status . III-Letter of Authorization f.from. Property Owner le- If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be attached for each business. TUP can be obtained from the General Services Department. lt;.- State Food Service License, if applicable. D. State .Food Service :License, if applicable. State Alcoholic Beverage License, it applicable. (Alcoholic beverage can be served only oxn private . property. No alcoholic beverages are allowed on City property, tlus"included streets and sidewalks.) • Note: • i- Clean up is required within. 24 hours. B► No alcoholic beverages permitted on City property, streets or sidewalks. P No donations can be requested if any type of alcoholic beverages are served on private property/business unless you :possess a State Alcoholic Beverage license. Please note there are inside • consumption and outside consumption licenses. You must have the appropriate license(s). P The :Department of Public Works will be responsible for delivering the appropriate barricades. p. ))umpstcrs and port -o -lets are required when closing a street for more than three (3) hours. • Applicant must meet any insurance coverage and code compliance ,requirements of the city and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with. the e'vetnt, including damage o:f property. By receipt of this permit, the applicant agrees and shall bold the city harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location.. for such event, and shall indemnify and defend the city .for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fore, maintenance or other departmental expenses. The city reserves the .right to require from an applicant a cash or cashier's check • advance deposit in th.e sum approximated by the city to be incurred in providing city services. Any such SUM not incurred shall be refunded to the applicant. .'ag0l e 3 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 corrcet, and that I am the duly authorized agent Q:f..the organization. T agree to conform with, abide by and. obey all the rules and regulation, which may be lawfully prescribed by the City Council o:f the City (if Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE 01? INSURANCE MUST NAME CITY 01? OKEECHOBEE AND R.E. HAM RICK TESTANECNThRY TRUST AS ADDITIONAL INSURED. Date .2 /of�.6/g ""OFFICE USE ONLY"" Sta.tt ,tcevxew r raf.i.,...... C �'ii�.%�- V _ I! 'IA l' gr , y b ' a,2- e � /y �� f. Date: :fir nt �� Bump,. Omtcinl: Public Works: -- ' ' �L ---- Date: /U z -' Date: . / 0-- —fi-:Police Date: iv :Police Department: :Date: 10/..1. l y iv/3 'T /O- / f De ailment: Date: City Administrator: Date: . C' Clerk: NOTE: APPLICATION AND INSUR1 CE CERTIFICATE MUST BE COMPLETED AND • RETURNED TO "TIE GENERAL 5:E +;RVICE$ DEPARTMENT TI.LLRTY (30) DAYS PRIOR TO • EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for rpvicw by City Council on j0'(r�l(lti Date • Temporary Street and Sidewalk Closing reviewed by City Council and approved :Date • 10/01/2013 16:20 'SWIM/ Googk 863-462- 72 . 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A 0.ea errn &to am o co be dosek 4 ..• ,• • : 0/•i,V 3 k) og p A m q hupvirropn.90cgle„cornkrzmn9r.q&sourcra $til=enageoaxig,q,:ei0+,SW4-51tr4•A‘e,+01ceeGht1)137:),±a8,04.1,..Ct&ocit•-(31 nvtlf • 5the411:2 7 .7AC097 80.8234.. 111 ‘•( x CERTIFICATE OF LIABILITY INSURANCE page of 1 OATS (M°DIYYY 10/07/2014 A o � THIS CERTIFICATE T CERTIFICATE NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 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: If the certificate holder Is an ADDITIONAL INSURED, the poltcy()oa)mustbe endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in IIBu of such endorsement(s). PRODUCER Willis Adninietrativo Services Corporation dba Nillie Fooling Practice 3606 Maclny Blvd 5.6204 Ta11ahassee, VL INSURED Okoaahoboo County Se ool Diatrict Attn: Joni Ard 700 SW Second Avenue Okeechobee. PL 34974 COVERAGES CERTIFICATE NUMBER: 223 39697 D S IS TO CERTIFY ST NT T CONTACT (JQ EXTY 877- 945 -7378 Musa. 888_467 -2378 M � 0RE S6:. ce>tic*dis coal NRICX INSURER(�A( FORDING COVERAGE INSURER A: Florida School Boards Insurance Trust Pun 99999 -001 INSURER 6: INSURER C: INSURER D_ INSURER E: INSURER F: REVISION NUMBER: HAVE BEEN O THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. LISTED R CONDITION OF ANYCONTRACTOR OTHER DOCUMENT W TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY H AVE BEEN REDUCE BYPAIOCLAIMS. 2;21 yecal_re �NTR TYPE DFINBURANCE 9VaN ,A, GENERAL LIABILITY X COMMERCIAL GENERALLIABILnY I CLAIMS -MAOEEO OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- 1 ILOC AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS HIREOAUTOS SCHEDULE° AuroS N N•OWNEO AUTOS ADO'L (year 1 PoUCYNUMER P9BXT14CAS7 -1 7/1/2014 7/1/2015 UMITS EACH OCCURRENCE OHEMISg OROMTED P M( ae4 nee MED PXP (Any one person) PERSONAL AADVINJURY GENERAL AGGREGATE. PRODUCTS - COMPIOPAGG s 1000 000 31nc_.uded sE clulled szncluded Mixable C e d SInc1nded (P 8II 60) wetelIMfr GODLY I NJURY(Por p9mon) 8001LY INJURY(Pnr deddent) "PROPER1Y AMAGE (Far aecdddont) UMBRELLA LIA EXCESS UAa OCCUR CLAIMS -MADE OED I RETENTION 8 WORKERS COMPENSATION v�� UJYP LIABILITY NERIexEcums 1 OYPoneIC, n 0 R EXCLUDED? I QEBCRI N OF OPERATIONSDaiow NIP. EACH OCCURRENCE AGGREGATE 5 5 S S S F 3 3 1 TO WCSIA:U - 0TH - U 6.L EACH ACCIDENT E.L. OtSEASE . A EMPLOYEE E.LOISEASE - POLICY UMIT 3 S 3 DamCRIPRON OF OPERATIONS / LOCATIONS! VEHICLES (Attach Arnrd 101, Additional Rnmarfe echodu e.Irmome space Is required) Evidence of Coverage ao it relates to the Fall Carnival - Central >3lementery School, 610 3w 5th Avenue, Okeechobee, FL Hamrick Teatlmentary Trust 7are nnamed aAdditi Additional Intm eete as their interest omay appear. R $• CERTIFICATE HOLDER CANCELLATION City of Okeechobee and S.Z. nammick toutamentery Truest SS SE Third AV Uo Okeechobee, FL 34974 SHOULD ANY OF THE A!3OVE DESCRIBED POLICIES BE CANCELLEO'BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATNE ACORD 25 (2010/05) Coll :453313 6 Tp1 :1831753 Cert 2 697 ©1988- 2010ACORD CORPORATION. All tights reserved. The ACORD name and logo are Bred marks of ACORD Date. Received: A) lication No: Fee: Information: 0 : + nization: ends,n .. Mailing Address: Contact Person: E -Mail Address: Tele • hone: Work: Summa of activities: • •_4 • Exhibit 6 Oct 21, 2014 CITY OF OK ECHOEEE 55 SE TIIIRD AVENUE OIKEECJIOBEE, FL 34974 Tele: 363- 763 -3372 ext. 218 Fax; 863 -763 -1636 SPECIAL EVENTS AND /OR, TEMPORARY STREET AND SIDEWALK CLOSING PERMIT APPLICATION Date Issued: Dates of Event: Date Paid: twit, Tt \I Home: Tax Exem , t No: rac • • v e- d r`,` • 4. r c� v \, cfo3s w ru. _ 4 V o u eer r • P e. Y1 � v^u a Cfas �,at cs • IS 1 f a dl o. • QAl s Co' r ' (a.'6 F% s Page^ 1� 03 1 ang 0. d 5 • , nta Proceeds usa e: A • L 4 • As 1- . • inriaMIUMME and -ke rn42ALCG.\ • re, 4* 1.• . Please check requested Parks: Flagler Parks: ❑ City Hall Park Q #1 Memorial Park q #2 o #3 ' q #4 4 #5 o #6 Address of event: I 0 \n) 5 1-V1 Pr ! OI�Q 0 3 Parcel ID: TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION If not using Park(s), provide event address: 'AO \ s) Street Address Street(s) to be dosed: Dates to be closed: Time(s) to be closed: O'e a.1 01wbee City State Zip Code �. • 1\1ca i a�, :a: 01 Pur ose of Glosin : cwv am _ Attachments Re. uired: Charitable Function Site Plan s) 5t+• a SILAok ,, u� % 'age o b Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional inured. >Proof of non- profit status > Letter of' Authorization from Property Owner > State Food Service License, if a Temporary Street and Sidewalk Closing Y Original signatures of all residents, property owners and business owners affected by the closing. Copy of liability insurance is the amount of $:1,000,000.00 with the City of Okeechobee and R.E. Hamrick Testamentary Trust as additional insured. licable. > If any items are being sold on City streets or sidewalks, a Temporary 'Use Permit (TUP) must be attached for each business. TUP can be obtained from the General Services Departmment > State Food Service License, if a licable. State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: i' Clean up is required within 24 hours. flr No alcoholic beverages permitted on City property, streets or sidewalks. s* No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). The Department of Public Works will be responsible for delivering the appropriate barricades. Dumpsters and .port- o•lets are required when closing a street for more than three (3) hours. Applicant ;must meet any insurance coverage and code compliance requirements of the city and other .regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property, By receipt of this permit, the applicant agrees and shall .hold the city harmless for any accident, injury, applicant's use of location for such event, and shall indemnify andrdef defend the city ty for suchnincidentf out including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event including, but not limited to, police, fire, maintenance or other departmental expenses. The city reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the city to be incurred in providing city services. Any such sum not incurred shall be refunded to the a • • licant. age • o, I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(R) 03- 08 and 04 -03, concerning the use and the rules of using City property, that I am the duly authorized agent of the organization. I agree o onform with, abide by is correct, and and obey a rules and regulation, which may be lawfully prescribed by the City Council of the City of ka ob e,lor e its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AND R.E. HA,IVIRICK TESTAMENTARY T UST AS ADDITIONAL INSURED. Applica t Signatu(e cl\a5 Date NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved 4 i ; 't 4 It •qu1 W 4th St411:)keechobee, FL - Google 114.06 Ack:ress 401 SW 4th St Okeechobft.,. R.. 04E74 ••17 '..:...1m.•.1., •.: 1', 7'.'"111 .R2.1. • 1......••••••7"77,77' •-"Tige):: Iltihkr..t d 1,...4 •• le P ... ... — c.:_. :7 .. • 1: .... ..: :::•- :.• 0: ••••n•: ._ ••• 4.1..,•,:t1. :.* • .... .. -.. .'''• :: ... J. 777 • • • . .7" ,T... ..: 77. 111 •'• t• .." ..: :•:.;717•1.3., ... ,• ... :At, .,. - — .1•7•11. •;:. ...; ':...' .. • • ..... ■ .i: ht. ••." la ;• • : .e.: ...77. 7lii ::.. 7 ;IN 17. 3'1 " •.• • 7 717 •tht... I., t .. , .54$(::tr14.....art: • - Go 1.-1(.44: FlIvet.:)r NI 1 . :. -.• ....I r ;Nh ••. •••• • •Ili: : 3.', Ih.:••', ::: 1....5) O -Hlqw.•; , . .. :: :;:;t. •;* 1:713 *- '•'., . ... •••••••••••11.1,111114.,•m•.•7 ...,..:;111, .: .. . •'. 77 .. • .... • I .._7 :.•1• :•.1.1 hl I. • 37 : 3. t•iih lil• :.•• •••• ' '31 ?11 • • :••:11 ..• i.. .s L. 1't .4.,: ,. • : ..? . !'..r■ !...'1" Lf . 44 .,1" ' .: tt!I • .... .":''' ‘!1- . . ! • . ':.4, •• 11:14 .31:. ..■!I' 1,' ‘:.i • • ".. • • 3.- Iiifi' ., 1*.: .. I.- :4 ,: , .3 _ 3 • •1 21 rr• ":'•7• • • •• •:ii . 1419,.... ......,..:„ Is vt•t. ...• 4' • .0.! 1 ..t: ;i.... ■• .1 • *.e, .414. :::• • . 1 ..: ■::. ;;t•.■ '::...2.:1 • ,0: 1;1; ., • •1'j., ,• 1 l', • .. . : .:, ..:' ;!. .- '',... „.ih, ..:.:: '''''' ;-- • ..., .:. i'' '';‘' 4111ARggrAti.k.:-:-' .11... :.• .- ....:, . ..... n• ',-', -.; 4: , c..4. .1 - ".: • lc. •,..... :.,- . 7- . • cy .. ...... •A .:ii. •••••• I•,. • '.9.,,. ••'-'0.."-••11.3. • 4.. ) 4111, E• .W.• •.::!.. • ill'h ''.'.. 1, .1.4... ,p11150 6..t.0 , 1:.• ;, •. J. C. ,:•• 7 • •-;ghb.. I13 thitos=1.3•0e.voki PRODUCER American Specialty Insurance & Risk Services, Inc. 142 North Main Street Roanoke, Indiana 48783 CLi,iFICATE OF INSURANCE INSURED Open Hands Health Center Inc. 105 NW Ath Street Okeechobee. FL 30972 COVERAGES 09/29/2014 THIS De/mFICATI•- IMBUED A3AMATTER OF IIIFCMrn1ON ONLY ArrO COMP mr NO RIGHTS UPON TSIE CERTFICATE HOLDER THIS CERTIFICATE OOE3 NOT AIYIRmArNELY OR NECATIVELYAMFNIL EVE NO. OR ALTER THE COVERAGE AFFOROEO BY THE POLICIES BELOW TMI CERTIFICATE OFItcJUMNCE 00E8 NOT CON3Tners A c0MRACT OETW N THE mamas INSVRERIaL AUnjen/ZED RF_PpESENTATLrE OR PRODUCER, AND THE CEATIAICITE HOLDER INSURERS AFFORDING COVERAGE INS. A: Greenwich Insurance Company TINS. B: INS, C: CERT NUMBER: 1001187573 THIS IS TO CERTIFY THAT THE POUCIF.9OF INSURANCE LISTED eELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONIRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED ay THE POLICIES DESCRIBED HEREIN IS SURJECTTO ALL THE TERMS. EXCLUSIONS AND CONOmON$ OF SUCH I'OUCIER LIMITS,5HOWN MAY HAVE BEEN RF,OUCED BV PAID CLAIMS. INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION ASG0896402 11/17/2014 11/28/2014 12;01 a.m, LIMITS rut- useuwle�!ttK.. �- i • • i "ni. ,u, T;y:'li'� -)fA P711e1'f.f.ry . Personal and Advertisin0 Injury Each 0 Curren e romi es R- , (ad to You (Any One Premises) Medical Ex' o e Limit An One Person 5,000,000 5 000 000_ 1,000,000 1 000 000 1 000 000 5,000 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Tn0 Certlfcalehotdor 1s only an additional Insured With respect to liability caused by the negligence of the Named Insured as per Form GXA L428- Additlonnl Ina ured•Ce,BOca(oholdor, but only YAtn respect to FINGER L(CKIN SK KICKIN on November 22, 2014, CERTIFICATE HOLDER CITY OF OKEECHOBEE & RE. HAMRICK TESTAMENTARY TRUST. 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 CANCELLATION SHOULD ANY OF THEAeOVE DESCRIBED POLICIES eE CANCELLED BEFORE THE EXPIRATION °ATE THEREOF, NOTICE WILL se DEIVEREO IN ACCORDANCE WITH PIS POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 41.0.a! ?1 65 iI. U OI;1fMf�l,�l� OEPARTMF.NT Or REVENUE Consumer's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes PR-14 R. 04/11 85- 8016208855C -2 05/31/2013 05/31/2018 501(C)(3) ORGANIZATION Certificate Number This certifies that Effective Date OPEN HANDS HEALTH CENTER INC 105 NW 6TH ST OKEECH08EE FL 34972 -2512 Expiration Date Exemption Category is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. t.sl \: DEPARTMENT • or REVENUE Important Information for .Exempt Organizations DR -14 R. 04/11 1. You must provide all vendors and suppliers with an exemption certificate before making tax- exempt purchases. See Rule 12A- 1.038, Florida Administrative Code (F.A.C.). 2, Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable. even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when .they are the lessor of real property (Rule 12A- 1.070. F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third - degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800- 352 -3671. From the available options; select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480, Tallahassee, FL 32314 -6480. October 9, 2014 Dear Patty, As per our conversation, I am sending you a copy of Open Hands Health Center, Int.'s 501 ( c) 3 information. Thank you for your consideration in sponsoring our 5K event. Please visit our website at Openhandshealthcenter.org and you may also follow us on Facebook . We are also having a Charlie Brown Benefit dinner and those details can be found on our website. If you have any other questions feel free to contact me, 697 -3488. Thank you, Nicole Talley, RN 105 NW 6th Street Okeechobee, FL 34972 ph: 863-697-3488 fax: 863-467-6197 adminta.openhaudsillealthcenter.org o _Home o Video • Events • pon • contact Us ....... Events TRIER LIKEN rlr Fitrir TO iterear OI ELVIDS REAM CENIER LNC. SA TURDA NO.VEM BE 2 2 , 2014 atn: Per) re 1 :IC tag' ■A SW ORUCCHOisEr. el.. 3.19A Olt MVVLITflCLI roe tVelfSorL !VELLUMS/MOD ITO 02rATEDI0I10 C WSW. trOtrir. so" 0,4 rss.* •a. A " • *DORMS: DIAIL: DIME: RACE DATE ASE: CARDE(: SI F RACE FEE ME. 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S0730 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO LINE ITEM 1668A OF THE 2014 -2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and the CITY OF OKEECHOBEE, whose address is 55 SE Third Avenue, Okeechobee, Florida 34974 (hereinafter referred to as the "Grantee "), a local government, to provide financial assistance for the City of Okeechobee Stormwater Improvements In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. This Agreement shall begin upon execution by both parties and remain in effect for a period of twelve (12) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $100,000. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours /time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on DEP Agreement No. S0730, Page 1 of 8 the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. b. c. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants /contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http: / /www.fldfs.com /aadir /reference %5Fguide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by- program or a project -by- project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non - compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on DEP Agreement No. S0730, Page 2 of 8 any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is completed, all deliverables have been submitted and the Final Project Report has been received and approved. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for terminatioi. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the DEP Agreement No. S0730, Page 3 of 8 Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 10. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links /Forms" section appearing at the following website: https: / /apps.fldfs.com /fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of time requirements. 12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or DEP Agreement No. S0730, Page 4 of 8 liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 16. The Department's Grant Managers (which may also be refeired to as the Department's Project Managers) for this Agreement are identified below. Technical Misty Alderman Florida Department of Environmental Protection Water Quality Restoration Program 2600 Blair Stone Road, MS# 3570 Tallahassee, Florida 32399 Telephone No.: (850) 245 -8542 Fax No.: (850) 245 -8434 E -mail Address: Misty.alderman@dep.state.fl.us Administrative Connie Becker Florida Department of Environmental Protection Water Quality Restoration Program 2600 Blair Stone Road, MS# 3510 Tallahassee, Florida 32399 Telephone No.: (850) 245 -5505 Fax No.: (850) 245 -8434 E -mail Address: Connie.L.Becker0,dep.statenus REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0730, Page 5 of 8 17. The Grantee's Grant Manager for this Agreement is identified below. Brian Whitehall Administrator, City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 Telephone No.: (863) 763 -3372 Fax No.: (863) 763 -1686 E -mail Address: bhitehall(c>),cityofokeechobee.com 18. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at(850) 487 -0915. 24. Land acquisition is not authorized under the terms of this Agreement. 25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner DEP Agreement No. S0730, Page 6 of 8 as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0730, Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF OKEECHOBEE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: * Date: FEID No.: 59- 6000393 By: Secretary or designee Date: Misty A14iennan,DBGrant Manager Cpnnie Becker, DEP Grant Manager 4 1 DEP Contracts Administrator Approved as to form and legality: *For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (1 Page) Attachment B Payment Request Summary Form (2 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (1 Page) Attachment E Special Audit Requirements (5 Pages) DEP Agreement No. 50730, Page 8 of 8 ATTACHMENT A GRANT WORK PLAN Project Title: City of Okeechobee Stormwater Improvements Project Summary: The Grantee will continue its efforts to support the Department and the South Florida Water Management District (SFWMD) storm water efforts along the northern rim of Lake Okeechobee by providing for swale, conveyance and inlet improvements to reduce the nutrients and volume of runoff entering State waters — specifically Nubbin Slough, Taylor Creek and Lake Okeechobee. This project protects public health and the environment including protection of waters of the State, Northern Everglades Protection Act, via pre -storm water treatment, thereby addressing water quality standards. It supports, augments, the Department's water standards and Total Maximum Daily Loads (TMDLs), in order to reduce the nutrients and volume of run off entering State waters. Project Location: City of Okeechobee, Okeechobee County, Florida Taylor Creek, Lake Okeechobee, Nubbin Slough Latitude: 27° 14' 01.0 N Longitude: 80° 49' 22.8 W Task 1 Title: Construction Description: This project includes canal maintenance via debris /muck removal. The quantitative measurement of debris/muck removal may vary from location to location. Therefore, the lineal foot estimates may require adjustment during the actual construction/muck removal based upon the need to actually remove greater quantities (cubic yards) in order that the Grantee completes the project within the funding amount. • North Leg. #2: - SE 10th Ave (SE 3rd. St. cul -de -sac) and empties into North Leg #1 at approximately the 500 block area. The length of this canal is estimated to be approximately 1,500 linear feet. • North Leg #1:— east of SE 8t Ave. north of SE 8'h St. —this canal is estimated to be approximately 2,150 linear feet. Only a portion of this canal can be addressed in this project. A quarterly progress report will be required for submittal to the Department's Grant Manager to update them on status of this task and the overall project, as a way to describe any issues or delays encountered or if everything is on target. Deliverables: 1) Dated color photographs of the site during and after construction of the project; 2) Copies of permits, contracts, bid packages, contractor's schedule of values with supporting pay application requests; 3) Copy of as -built certifications, and 4) Signed statement from Grantee's project certified engineer to verify construction has been completed for all components in accordance with the approved plans. Performance Measures: The Department's Grant Manager will review the deliverables for this task to verify the construction was completed in accordance with the approved plans. Timeline: Execution — 12 Months. Deliverables due upon completion of task. Budget Narrative: $100,000.00 Contractual for stormwater conveyance; debris and muck removal. Budget by'Category "- DEP Funding Salaries $0 Fringe Benefits $0 Travel $0 Contractual - Construction $100,000.00 Equipment Purchases $0 Supplies /Other Expenses $0 Indirect/Overhead $0 TOTAL - $100,000.00 DEP Agreement No. S0730, Attachment A, Page 1 of 1 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee: Mailing Address: DEP Agreement No.: S0730 Date Of Request: Task/Deliverable Amount Requested:$ Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable No.: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End -of -Grant Period CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N /A $N /A $N /A $N /A Fringe Benefits $N /A $N /A $N /A $N /A Travel (if authorized) $N /A $N /A $N /A $N /A Subcontracting: _-■ Contractual $ $ $N /A $N /A Equipment Purchases $N /A $N /A $N /A $N /A Supplies /Other Expenses $N /A $N /A $N /A $N /A Land $N /A $N /A $N /A $N /A Indirect $N /A $N /A $N /A $N /A TOTAL AMOUNT $ $ $N /A $N /A TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ $N /A Less Total Cumulative Payment Re' uests of: $ $N /A $N /A TOTAL REMAINING IN TASK $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number DEP 55 -223 (03/12) DEP Agreement No. S0730, Attachment B, Page I of 2 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the fmal claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP 55 -223 (03/12) DEP Agreement No. S0730, Attachment B, Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In -house charges: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: htto://www.fldfs.com/aadir/reference guide.htm DEP 55 -219 (05/2008) DEP Agreement No. 50730, Attachment C, Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: 50730 Grantee Name: Grantee Address: Grantee's Grant Manager: 1 Telephone No.: 1 Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0730 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No. S0730, Attachment D, Page 1 of 1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department" "DEP" "FDEP" or "Grantor" or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httn:/ /12.46.245.173 /cfda /cfda.html. DEP Agreement No. S0730, Attachment E, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https: / /apps.fldfs.com /fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http: / /www. leg .state.fl.us /Welcome /index.cfm, State of Florida's website at http: / /www.mvflorida.com /, Department of Financial Services' Website at http: / /www.fldfs.com/ and the Auditor General's Website at http: / /www.state.fl.us /audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for f tnding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. S0730, Attachment E, Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: FDEPSineleAudit(i idep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http: / /harvester.census.gov /fac/ C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: FDEPSing1eAudit(2 idep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: FDEPSingleAudit a,dep.state.fl.us DEP Agreement No. S0730, Attachment E, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: FDEPSingleAudit@den.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0730, Attachment E, Page 4 of 5 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Appropriation Category Original Agreement General Revenue Trust Fund, Line Item 1668A 2014 -2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $100,000.00 140047 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Appropriation Category Original Agreement General Revenue Trust Fund, Line Item 1668A 2014 -2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $100,000.00 140047 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Revenue Trust Fund, Line Item 1668A 2014 -2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $100,000.00 140047 Total Award $100,000.00 1. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:/ /12.46.245.173 /cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa/searchCatalog.aspx]. The services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. S0730, Attachment E, Page 5 of 5 MEMORANDUM To: Mayor Kirk and Council Members Date: September 22, 2014 Exhibit 8 Oct 21, 2014 From: Lane Gamiotea, City Clerk Subject: Annual Contract for Mapping Services for FY 2014/2015 Please consider waiving the formal bidding procedures and award the annual mapping services contract to Global Mapping Services in the amount of $8,800.00. The company is still the mapping consultant for the Property Appraiser's Office, and we continue to share the same updated information, which in turn keeps the City's costs down. Since there is no other mapping company that performs this type of work for the Property Appraisers Office, I have requested that the City Administrator approve and recommend that this be considered a sole- source purchased based on maintaining operational standards, and serves as the best working relationship with the Property Appraiser's Office. In keeping with Code Book Section 2 -288, Department Heads may recommend purchase of a specific brand should they feel, through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sole- source purchasing could involve compatibility with existing equipment, maintaining operational standard, or lesser serves requirements which reduce down -time and maintenance cost. When making such a recommendation, the Department Head shall submit written justification to the City Administrator, whom may waive bidding and grant the purchase request in cases where the estimated value of the purchase does not exceed his bid award authority ($7,500.00). Above that limit, the written justification and recommendation shall be referred to the City Council for approval. Sole- source reviewed and appr.ved by the City Administrator, to forward to the City Council: Brian teh �� i v ' d in 'stator Invoice Date Invoice # 10/1/2014 645 Bill To Global Mapping. 1418 NW 141 Street Okeechobee, FL 34972 Inca Lane Gamiotea City Clerk City Of Okeechob 55 SE 3rrd A enue a Okeechobee, Fl 34974 Due Upon Receipt Item Description Qty Rate Amount Yearly Services GIS Yearly Mapping Services 1 8,800.00 8,800.00 Thank you for your business. Total $8,800.00 Phone # E -mail 863 - 697 -3834 jwilliams @globalmappinginc.com MEMORANDUM Exhibit 9 Oct 21, 2014 To: Mayor Kirk and Council Members From: City Clerk Gamiotea Date: October 15, 2014 Subject: Citizen Board Appointments We have been advertising the multiple vacancies on several citizen boards over the last few months. We have recently received three applications. However, two requested specific boards which may have vacancies based on the outcome of the November election. The one I am presenting for consideration now is to fill the alternate position on the Planning Board /Board of Adjustments and Appeals /Design and Review Board, term ending April 30, 2017. If Council agrees, a motion would be in order to appoint Mr. Mac Jonassaint (application attached). Keep in mind we still have a vacant Fifth - Member position on the General /Okeechobee Utility Authority Pension Board of Trustees, and two positions on the Code Enforcement Board. Should you have any questions, or require additional information, please do not hesitate to contact me. City of Okeechobee , 55 Southeast 3`d Avenue * Okeechobee * Florida * 34974 * (863) 763 -3372 APPLIC, ...�..r v..n.n a a a..a., nu - r- Vrlli 1 IYICi i 1 ., Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST BE COMPLETED IN FULL, "none" 'not Answer or applicable" where appropriate: /CHECK BOARD(S) OF INTEREST TO YOU . A COPY OF EACH BOARDS DUTIES, MEETING DATES 8 TTMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. Planning Board - Board Adjustment & Appeals - Design Review Board 0 Code Enforcement Board Okeechobee Utility Authority Board of Directors 0 General Employees & OUA Pension Fund Trustee's 0 Other APPLICANTS FULL NAME: -50 Y\ OLS S o \ r \ ‘fN C NAME COMMONLY USED: M A e_ RESIDENCE ADDRESS: d LI et s E ,3'cgA y e` fa c q ?7 D pkee.c4,o5ee.,. HOW LONG AT ADDRESS: g Years Is this in the City Limits? Oyes WINo MAILING ADDRESS: S pmt tOt. s a.Ibo j e_ HOME TELEPHONE: i (0 3 221 -2 1 1 CELUOTHER TELEPHONE: 76-44 ,2 . 4A — (o 44 94 CURRENT EMPLOYER & OCCUPATION: 'p e p }-. o Co c «e c, l- ors ` ,950 n / /il CeiL_ BUSINESS ADDRESS: ,4/00 IV 'NW 3 ( s\ , A- Ovados -t F� 33 ) ck *�' WORK TELEPHONE: 4 (2 - �� O FAX NUMBER(S): L .2- — 51 `7 L DATE OF BIRTH: (U Lt - n 1 - ' ct L, ¶i ARE YOU A US CITIZEN? I?es ONo, explain: FLORIDA REGISTERED VOTER? des County Registered in: ONo EDUCATION: High School Name & Location: Year Graduated: i q $ $� L La n �� ; �� R_ POST SECONDARY EDUCATION: NAME II LO TION: ► DATES ATTENDED: CERT TEJ EE RECD: Lk (Q rr j,FL 16113-1111 R Ft4U / &co_ Rtxi-oh rig 2 III ti Eca;rn0 e MILITARY SERVICE: mics p- DA, TES: BRANCH: �— DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS: CI (✓ALL THAT APPLY) °General Contractor ❑Business Person °Architect °Engineer °Sub - Contractor °Realtor °Attorney °Doctor °Surveyor °Lay Person °Urban Planner °Landscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME 8 ADDRESS TYPE OF BUSINESS JOB TITLE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES pNO IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INT RESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR 'THIS APPOINTMENT.Vk1 j W�,5 *-1(\ co \i� e� O0 k s e V&"& L Ce uSse $ ! yI ft or? 7)IC`Spettelo nevi \-lUo.'o0.AceVi \-e.kila ion) Plana; ,r._104% PLLiCVtIal4C' 41,4c ._ G ,.. Ina -eA.,2 \-ea \ Ct \- e O Ve.mev\V. \ Q S 'a o' e. • &\ 1• A HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES NO. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN.ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES W10 IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES ONO IF YES, DESCRIBE: Where convicted: • Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOTABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? 1,00 VIACIA) t 0"Y\i Kex3-61" 5' HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES 1O IF YES, UST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN; MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE. USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: .. . • • • SEX: jVIALE °FEMALE ETHNIC GROUP: °CAUCASIAN iLACK °SPANISH HERITAGE °NATIVE AMERICAN °ASIAN OR PA IFIC ISLANDER QOTHER(specify): /ALL THAT APPLY: °WARTIME PERIOD VETERAN °DISABLED VETERAN °VIETNAM VETERAN HANDICAPPED STATUS: OYES VO IF YES, WHAT IS THE HANDICAP? • ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE ® OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? OYES 't 11O DESCRIBEANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELFTHATWOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. l 1( /l,0 Le, ' Q A C=! Q _ 1 ii, AP :: i, �® Nil Le l ! 6@ Lo ca.L. QUO U A Y') Men _ t 46 (1 L I -k- o GAS et. (-<, W 14‘e\ 044 Q INITIAL TERM: LETTER SENT: STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. 1 authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have r - - , • understand each of the above statements. Signature of Applicant ()The City Code Book Sec. 70 -151, 70 -171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." ®Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RO AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: CITY OF OKEECHOBEE CITIZEN BOARD MEETING DATES AND TIMES PLANNING BOARD BOARD QF ADJUSTMENT & APPEALS - DESIGN REVIEW. BOARD: • This is a: "three -in -one" board, however, they are three separate boards, each•with their own assigned duties and authority (see Code Book Sections 70 -121 through 214 excluding 70 -191 and 192). The regular meetings are held on the third Thursday of each month at 6:00 p.m. Special or Emergency meetings are called from time to time. CODE ENFORCEMENT BOARD: Regular meetings are held on the second Tuesday of each month at 6 :30 p.m. For duties and authority see Code Book Sections 70 -121 through 129 and 70 -191 through 192. OKEECHOBEE PENSION FUND BOARD OF TRUSTEE'S: The City has three pension funds: Police Officers, Firefighters and General City Employee's together with Okeechobee Utility Authority Employee's. Each fund has a five member board. At least one of the members on each board must be appointed by the City Council and be a City resident. The board meets the second Monday of the following months: February, May, August and November at 5:00 p.m. Special or Emergency meetings are called from time to time. OKEECHOBEE UTILITY AUTHORITY BOARD OF DIRECTORS: The OUA board regularly meets the second Tuesday of each month at 8:30 a.m. The meetings take place at the OUA Office, Board Meeting Room, 100 Southwest 51h Avenue. Special or Emergency meetings are called from time to time. Unless otherwise noted, the meetings are held at City Hall, Council Chambers, 55 Southeast 3"' Avenue, Room 200. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING OCTOBER 16, 2014 OFFICIAL AGENDA by i cue) PAGE 1 OF 4 I. CALL TO ORDER - Chairperson: October 16, 2014, Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the August 21, 2014, and September 18, 2014, regular meetings. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. OCTOBER 16, 2014 - PB /BOA AGENDA, - PAGE 2 etc A. Application No. 14-002-SSA submitted by property owners, Rick and Bonita Lightsey, requesting to change the Future Land Use classification from Single Family to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee subdivision, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between NE 3rd & 4th Streets (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively November 18, 2014, 6 pm. QUASI- JUDICIAL ITEMS B. Petition No. 14 -002 -R submitted by property owners, Rick and Bonita Lightsey requesting to rezone from Residential Single Family -One, Commercial Professional Office and Holding to Heavy Commercial for Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, City of Okeechobee subdivision, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between NE 3rd & 4th Streets (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -002 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively November 18, 2014, 6 pm. OPEN PUBLIC HEARING CONTINUED. OCTOBER 16, 2014 - PB /BOA AGENDA - PAGE 3 OF 4 C. Petition No. 14-007-SE, submitted by Sonic, Inc., on behalf of property owner, Okeeland, LLC, to allow a drive - through service within a Heavy Commercial Zoning District, (Ref. Sec. 90 -283 (1)), for Lots 4 to 9 of Block 150, City of Okeechobee, and located at 501 NE Park Street, containing approximately .976 acres. The proposed use is for a Drive- Through Sonic Restaurant (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14-007-SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. D. Petition No. 14-008-SE, submitted by Donna Wildes, on behalf of property owner, Courthouse Plaza Realty LLC, to allow personal services within a Commercial Professional Office Zoning District, (Ref. Sec. 90 -223 (2)), for Lots 7 to 10 of Block 92, City of Okeechobee, and located at 210 NW 5th Street, containing approximately .642 acres. The proposed use is for a Health and Fitness Club (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14-008-SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. ' t'JEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. OCTOBER 16, 2014 - PBIBOA AGENDA - PAGE 4 ^FA VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. 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 General Services Department, no later than two business days prior to the proceeding, 863- 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. m61146_411 expk€ k-f - .) wou roue -csk. Church of Our Saviour The Very Rev. Dr. Edward A. Weiss, OSB, APCd l't'>r� Rector James E. Kirk, Mayor and City Council 55 SE 3rd Ave. Okeechobee, FL 34974 As you may know, The Rev. Dr. Edward Weiss is retiring from Church of Our Saviour after almost 15 years as our Rector. He and his wife Josie will be moving to Orlando where their children and grandchildren live, and where Josie has accepted a position in the Nursing Department at the University of Central Florida. Fr. Edward has been a wonderful priest in our parish, but has also contributed greatly to the Okeechobee community over the years. We want to recognize his work and contributions in both our parish and our community. So we want to invite you to a reception on November 2"d to honor his work in Okeechobee, and say a fond farewell to him and Josie. The reception will follow our Sunday service in our church parish hall, and will start at approximately 10:45am. Jim Lucas Senior Warden 200 NW 3rd Street Okeechobee, Florida 34972 Office: (863) 763.4843 • Fax: (863) 763.5744 • Email: okeecoos@earthlink.net earthlink.net City of Okeechobee 2H9 rnL(\- , api.3 At:(;--)-rtLkt4 4t pckdd4 bod Ad_rytuk, October 16, 2014 Tb..• City fOkeecho&ee Enykyees fR Mayorgames YCiri RE the newfzscafyear g woui Brion Whitehall (0-2 i! raun-( Copp City of Okeechobee c"'n-bu'.0 m , Office of the City Administrator October 16, 2014 Frank Irby Hospice of Okeechobee 411 SE 4th Street Okeechobee, FL 34974 RE: Hospice mowing and maintaining grounds Dear Mr. Irby, was asked to extend this `thank you', on behalf of the City, to you and your organization for your efforts in keeping your grounds looking well groomed, even to the extent of mowing the unimproved right -of -way west of your facility. In your capacity, you see a lot of issues, both good and bad. Unfortunately, a lot of the good goes unnoticed. The City appreciates what Hospice does for our community and it's nice to have such great neighbors! Sincerely, Brian W it all Admin - trator 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 763 -3372 • Fax: (863) 763 -1686 The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of October 21, 2014 • Corey Penrod, et.al. — on Agenda to discuss installation of their company sign on City ROW at 210 NE 3rd Av — Corey Penrod along w/ Wes and John Abney were in my office to again discuss the proposed sign at 210 NE 31'd Av. They've arrived at a 2nd idea that includes placing the sign back, toward the building where one of the columns is on their property and the other column is on City property. I told them "an encroachment is an encroachment" but they hung their case on the Code. Section 90 -580 Placement standards, where again it states: (a)Supports for signs or sign structures shall not be placed in or upon a public right -of -� way or public easement, except under the terms of a lease between the owner of the easement or right -of -way, and the owner of the sign, or with the written approval of the City of Okeechobee. (b)No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. (c)All signs on private property shall be located in conformance with the minimum yard regulations of the district in which the sign is located, except that signs in street yards shall comply with the following requirements and limitations: (1)No part of any sign shall be located closer than one foot to the property line; and, (2)For signs on corner lots and located within the visibility triangle, the bottom of the sign shall be at least ten feet above the crown of the adjacent road, or the top of the sign shall be less than two feet, six inches above the crown of the adjacent road. • Chamber Leadership 2014 project — Each class is saddled with a class project and this past year the project is a sign that will hold all the civic organizations' signs (i.e. Kiwanis, Rotary, etc). I'm attaching a simple rendition of the sign...subject to change. I've met w/ a cpl of representatives as to the potential location and design of the sign. Finally, it appeared as tho' they kind of settled in on the south side of the chamber bldg, but nothing was etched in stone. My thinking is that once they decide on where to reinstall the chamber marquee, it may be a bit crowded and there'll be no green space. What do you think about mid way on City Hall Park, perpendicular to SR 70 E? (they're open to it) In addition, we would welcome any input you may have on the sign design. • Sp Excep — Personal Services - Ordinance 1115 is on the Agenda for 2nd Rdg and adoption. Bill Brisson has done some research on on- premises dry cleaning, as discussion was initiated by Councilman Williams at the last meeting. It's his believe that dry cleaning SHOULD BE an exclusion under Person Services (just as pawn shops are mentioned) • Legislative Grant $100k - Agreement w/ DEP (canals) — On the Agenda is the Grant Agreement for the now 2nd phase of the water conveyance project. Page 1 10/21/14 Activity Rpt Cont'd • Taylor Creek Park grant applications — Attached pis find rejection letters from the FL DEP for both the TMDL and Sect'n 319 grants. On June 27th Culpepper & Terpening sent an application to DEP for a second grant, TMDL Water Quality Grant App for $367,260 of which requires a 50% match ($183,630). As you might recall, we applied for a Section 319 in May. That grant calls for a $367k grant and a $147,052 (40 %) match. It seems logical to, as the rejection letter states on the TMDL grant, "rollover" our applications to the November review and solicit input from FDEP as to where our application may be lacking. After sending the below email, Stef Matthes, Culpepper & Terpening, said that both grants were originally rejected (on their first attempt) with the City of Sebastian. My concern is that there is mention of "recent federal budget cuts" as justification for non - funding. Anyway, my 10/15/14 email to Mr. Matthes after being told that we should resubmit immediately: Can you advise as to any additional costs the City might incur? 1 don 't want to throw good money after bad, of course, but on the other hand having invested what we have so far, I don 't want it to go to waste. In order to resubmit, we probably should run it by the City Council. You said, `submit right away'... is there time limitations /deadlines that are applicable? We have a Council meeting next Tuesday. On another front, last week David and 1 met w/ a biologist from FWC to discuss monies from them for the park We plan to meet an entourage there on Oct 29 and explore funding in more detail. He said they could fund (via reimbursement) engineering for the Creek bank and eventual digging /grading on site without so much as an application. Then for additional funding, the City could complete a "simple" application to cover plantings or the bio -swale you had included. Of course, he sent the application and there isn't anything simple about it...who's got time to devote to completing grant apps. By the way, Councilman O'Connor said he spoke to Don Fox (one of the entourage we plan to meet with) and he indicated that FWC could fund all sorts of amenities (i. e. fishing docks /boat slips, floating docks) By the way, we 've applied for S450k in legislative appropriations and if we get funding (which is doubtful to that extent), we may be able to utilize some of those monies toward the park. I overshot the estimate of finishing the canal project because last year the State woefully underfunded what it would take to finish them. 1 expect the same this year, but if they filly fund our request we'll have excess to apply to storm water related issues elsewhere. One of the reasons I bring up the above is that I'm trying to arrive at a timeline where any funding will, fall into place, from a construction perspective. Page 2 10/21/14 Activity Rpt Cont'd • Moratorium on County impact fee collection - The Commissioners voted for a temporary moratorium on the collection of county impact fees. That includes county impact fees for development in the City (collected by the City). So, beginning October 9, we are not collecting any impact fees until further notice. The moratorium is for 60 days. Probably in December, the Commission- ers will conduct a public hearing on the impact fee ordinance and decide whether to continue with the collection of impact fees, to temporarily suspend the collection of impact fees, or whether to officially end the collection of impact fees. • Dean's Court community mtg held 8/18/14 — Wanted to follow up and advise that FPL is working on the installation, as I prepare this report of five additional street lights along NW 9th Av. • Legislative delegation — scheduled for October 24 this year. I'm enclosing a hard copy in the packet of the Legislative initiatives. • 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 4m 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: • Medical Marijuana 11/4/14 Ballot issue - #2 Constitutional Amendment. Ord #1116 on Agenda — places a six -month moratorium on issuance of BTRs, permits or zoning changes for businesses that sell or distribute medical marijuana. It's hoped that during the next few months, if the measure is passed, the City will have an opportunity coordinate other measures of local control. • CSX depot demo — Atty Cook was asked to provide a legal opinion as to whether the applicant/contractor acted legally inappropriately when completing the Bldg Permit application. Enclosed in the packet is Atty Cook's written opinion and the subject has been placed on the Agenda. Btw, BO Jeff Newell and I have discussed Melbourne's demolition permitting process and are implementing a couple of their code provisions as part of the building permitting process here. Building permit process — After the CSX demolition I had a staff meeting w/ the Bldg Dept and we shored up the permitting process, incorporating items such as a picture of the building, providing a site diagram and securing the owner's certification. Recently, Jeff Newell, BO, extrapolated info from other communities, incl the Melbourne procedure, to arrive at other controls in the permitting process. Historic Building preservation — I've supplied a couple of ordinance examples and will be forwarding to the Planning Board for review. • FDOT / Hamrick litigation — A mediation meeting is tentatively scheduled for December 19 and all parties are expected to be present. See enclosed. Page 3 10/21/14 Activity Rpt Cont'd City Clerk: • Centennial Celebration — Mixon, is on the Agenda Voting Members: Magi Cable, Jeanne Enfinger Sharie Turgeon, John Williams Dawn Hoover, Vice Chair J.D. Mixon, Chair Antoinette Rodriguez *We've discussed w/ the Committee their need to seek Council approval on initiatives and Lane has been working on a doc for your review. *The Committee conceived a new brick entrance to City Hall where the bricks are purchased much the same as the Library entrance. Very, very preliminary on redoing general landscaping at City Hall is attached. meets 1St /3rd Mondays at City Hall and Chair, JD to give an update. Advisory Members: Staff: Justin Domer Brian Whitehall, City Administrator Katrina Elsken David Allen, Public Works Director Donna Gaiser Lane Gamiotea, City Clerk Susan Giddings General Services / Planning Board: • 10/16/14 TRC Recommendation for a 20% parking reduction is on the Agenda. I decided to simply copy the Planner's Rpt for you so that you can understand what the Courthouse Plaza, 210 NW 5th St, applicant includes. • Parrott Island Grill parking — I've been dealing with this since last year periodically speaking with Adam White, business owner, and he recently advised that they are out of solutions. The owners attempted to buy the lot north of them for parking, but they can't get a curb cut from DOT and they can't arrive at a price. • Oct 16 Planning Board meeting — Please find the Thursday, Oct 16 Planning Board and Board of Adjustments agenda enclosed in the packet. Finance: • SW 21St Storm Sewer expense reconciliation — The City rec'd a check from the County for $33,613.72 a month or so ago. You will recall originally the City voted to contribute $20,000 (2011). Then in June 2012, the County urged the City to up the contribution based on project costs and the City ended up committing $95,000, or half of the expected grant match. Our contribution ended up being $93,828.50. According to the County additional grant monies were made available to apply to this section of the work. Originally, they expected only $294,061.22 and ended with $361,288.67, which translates to a 50/50 match of $60,214.78 each. The refund, of course, is the difference between what we paid and the corrected amount. Fire /Code Enforcement: • Activity Report for October is attached hereto. • Anticipated 10/11/14 house burn at NW 9th Av and 2 "d St — by Co Fire Rescue (and City) was cancelled, as the bldg is not safe enough for their training exercise. This is the yellow nuisance house on the corner. I've advised Code Enf to add it to the nuisance properties we've budgeted for Page 4 10/21/14 Activity Rpt Cont'd (Fire Dept) demolition, but we believe we may be able to use the avenue that we have in the past, which is have the owner agree to all costs and execute a lien document. We've arrived at the estimate and have contacted the owner. Police: • Activity report — August 2014 - Calls- 561; Traffic Warnings -39; Traffic Citations -51: Arrests -44 • Activity report — September 2014 - Calls- 487; Traffic Warnings -87; Traffic Citations -87: Arrests -40 Public Works: • 441 median landscaping (Grant funded -Main St) — FDOT formally approved a contract extension to 10/31/14 in order to spend the remaining $13k +/- grant monies on irrigation materials. • 2014 Asphalt program — In Sept we met w/ Lynch Paving and reviewed the NW Stn & 9tn project. He came back with a more extensive project and we have renegotiated the amount necessary to do the job and sent him a work order on the heavily truck - traveled area... City limits at 9th St east to Stn Av, SW 9th Av at 6th St north to 9th St. • Storm sewer at SW 2nd Av & 8th St — applied for Small County Outreach Program (SCOP — thru' the FDOT) program funding. I've added the SCOP info to our legislators' delegation talking points. • Culvert replacements along SW 7th Av canal — the Dept has been replacing the 48" culverts... • Proposed Taylor Creek Park — David & I met with Beacham Furse, Biological Administrator, FL Fish & Wildlife Conservation (FWC) on 10/8/14 at the site to discuss funding and infrastructure improvements. He said he would coordinate a meeting /w FWC reps at the site, which may eventually incl reimbursabies for design and construction of a slope at Taylor Creek bank... hopefully w /in this fiscal year. Other funding would necessitate an application (for monies after 7/1/15) for ecological plantings throughout the park. Hopefully the other grants we have in the hopper will come to fruition and the timeline will pull together. • City median landscaping — Brad Goodbread is a hard guy to reach. They confirmed they had some 180 +/- trees dedicated to our medians. The trees will be FREE but he wanted to cover his costs on installation. I haven't spoken to him in awhile but Councilman O'Connor recently spoke to him and confirmed they are ready. • 441170 intersection project– There's a web link to the SR 70/441 project at http: / /co.okeechobee.fl.us/click link entitled `County Documents' on left side of home page. Scroll down to: State of Florida Department of Transportation Financial Project #425846 -52 -01 SR. 70 and Highway 441 General Contractor is Ranger Const. They anticipate finishing on May 26, 2015. All roadwork will be done at night with very few traffic detours necessary. David will be giving you timeline updates periodically via email. Page 5 Chamber of Commerce ofOkeec6o6ee Caun October 13, 2014 Brian Whitehall City Manager City of Okeechobee Mr. Whitehall, During the 2014 Chamber's leadership program, the team developed a project which entailed the development of a sign structure displaying the logos of the major non - profit entities in our community. This project emulated a similar sign structure as found in other surrounding communities. Our initial thought was to have the sign structure placed on the Chamber's property. Because of the current road widening project it is not feasible to no longer consider the Chamber property. However, the Leadership Team would like to submit a request to the City Council to construct the sign structure in the park adjacent to the City Hall. We would hope the City Council would grant our request to do so as this would be a great addition to our community. If you should require any additional information, Noel Stephens or I would be more than happy to appear at the next City Council meeting to present our proposal. Sincerely Yours, Terry Burroughs Terry Burroughs President Chamber of Commerce of Okeechobee County Chamber of Commerce of Okeechobee County Confidential — Restricted Access This document and the confidential information it contains shall be distributed, routed or made available solely to authorized persons having a need to know within Chamber of Commerce of Okeechobee County, except with written permission of Chamber of Commerce of Okeechobee County. ,■■•■■■■• ; Iz- Th S\t, c • • . ATECIION 0 October 8, 2014 Mr. B. Whitehall City of Okeechobee 55 SE 3rd Street Okeechobee, Florida 34974 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399 -2400 RE: FY15 Section 319(h) Grant Proposal Status Dear Mr. Whitehall: RICK SCOTT GOVERNOR CARLOS LOPEZ - CANTERA LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY Thank you for submitting your grant proposal entitled "Taylor Creek Park Stormwater Improvements" for funding consideration from the FY2015 Section 319(h) grant administered by the Nonpoint Source Management Section. We were pleased to receive 32 proposals addressing watershed restoration. In all, the proposals requested approximately $15 million in funding. It is with regret that I write to inform you that your proposal was not selected for funding in the FY2015 Section 319(h) grant. Unfortunately, due in part to recent federal budget cuts, we do not have as much funding as in previous years for BMP development and implementation projects. While we could not fund every project, we do value your commitment to restoring Florida's waters. We encourage you to continue your pursuit of water quality restoration projects and hope that you will consider applying for section 319 funding again. You may also want to look into our TMDL Water Quality Restoration Grant program to see if your project, or future projects, may be eligible for that state - sponsored grant. More information on that grant may be found at http://www.dep.state.fl.us/water/watersheds/tmdl_grant.htm. If you have any questions, please do not hesitate to contact me at (850) 245 -8682 or Kathryn .Brackett@dep.state.fl.us. Sincerely, Kathryn Brackett Administrator Nonpoint Source Management Section KB/hp VIIMISMONEW Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Via E -mail: bwhitehaMcityofokeechobee.com October 8, 2014 Brian Whitehall City of Okeechobee 55 S.E. 3RD Street Okeechobee, FL 34974 RE: TMDL Water Quality Restoration Grant Dear Mr. Whitehall: Rick Scott Governor Carlos Lopez - Cantera Lt. Governor Herschel T. Vinyard Jr. Secretary Thank you for submitting the project entitled "Okeechobee Taylor Creek Park TMDL NPS Load Reduction" for funding consideration from the FY2015 TMDL Water Quality Restoration Grant. The Department received several project proposals requesting approximately $14,424,043 in funding for the month of July 2014. Unfortunately, the Department is not able to fund this project at this time. For future grant consideration, this application will roll over to the November 2014 review or you may choose to submit an updated application to the Department. Should you choose to submit an updated application and Supplemental Form please mark "updated FY15 TMDL Grant application with the name of the project" in the subject line of the e-mail. If you have had any change in status of the project (i.e. Permitting status, % design status, etc.), you will need to submit an updated application as well as an updated Supplemental Form. If you would like to discuss your project's ranking, please feel free to contact me at (850) 245 -8505. We appreciate your interest in and support of Florida's nonpoint source management program. Please do not hesitate to contact me if you have any questions. Sincerely, Connie Becker Water Quality Restoration Program Division of Environmental Assessment and Restoration Connie.L.Becker @dep.state.fl.us CC: Kate Brackett, FDEP Non Point Source Management Section co 2 0 1 ra Y C* 00 n 0 CO Wled luaooy gram lue oy mewled legeS r m (D CD ietoi pauigwoD Jano3punwpAnnis S b 1a1 /q1 L S n N > ? m o' 0 �1 b 9 y y C 0 oII y 7 o 0 3 c 3 0 0 P .. O 1;,,,. 0 0 r N a p N 41 N � ✓ • Q1 01 N Cr, 1D N r Ul W V O N !' N ▪ N • N QN1 N 07 V W V W 01 V 01 N N A 1D 0 0 0 1D V1 N 0 N V1 W N 0 0 0 0 0 01 to 0 0 0 0 0 Okeechobee City Hall Estimated landscape Cost /aM)il8M pasodoJd SE 3rd Ave Okeechobee City Hall >a wV PN Okeechobee Florida ' p°° Preliminary Landscape Plan and Cost 3 OL /IS Ved3N H A -4rn Ccn oz 5l9n0oun0JO puo sgruy (D Q 3 0 m lu000v gruq Janoopunoio J o N 4a OO ICGC IOO C CITY HALL if Okeechobee, Florida Conceptual City Hall Landscape Plan HJA cnp —im Cy o_o —O OZ CITY OF OKEECHOBEE FIRE DEPARTMENT STATUS REPORT 14 October 2014 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: Fire Department Status Report INCIDENTS Cannot supply at this time but will supply as quickly as possible. Incident runs seem to be on schedule with the last few years. PLAN REVIEWS (Chief Smith & Lt. Crum reviewed the following): Some of the plan reviews conducted: D Ivan's Auto Body > Lakeside grill remodel including two kitchen hood systems and LP gas lines > Parrott Island Grill (revision to kitchen Hood fire suppression) > La Placita Store (install of LP Gas) > Rock Solid Academy (Fire Alarm System) > Christ Fellowship Church (old grace Christian church) for remodel and installation of new fire alarm system. INSPECTIONS (not inclusive) (Annual, New Business, New Owners, Plan reviews, etc.) > Ivan's Auto Body ➢ Lakeside grill remodel including two kitchen hood systems and LP gas lines > Parrott Island Grill (revision to kitchen Hood fire suppression) > La Placita Store (install of LP Gas) > Rock Solid Academy (Fire Alarm System) > Christ Fellowship Church (old grace Christian church) for remodel and installation of new fire alarm system. > Okeechobee County Jail (re- inspection due to issues) > Golden Corral (kitchen hood revisions) SPECIAL / MISC. ➢ Meeting with New (hired) Okeechobee County Fire Chief and other Local Chiefs > Golf Cart (conversion): the firefighters have been working on a project themselves to convert a used golf cart into a fire department unit to be used for special events and fire prevention. > Safety Officer established and the process of getting procedures in place are shall begin in the near future after contact made with the other city departments. The other departments have indicated interest in getting procedure in place for exposures, needle sticks, etc.... Fire Dept Oct 2014 Activity Report Nsio, Name ➢ Overtime will get heavy in the coming few months during the holidays as it always does but normally slows down after January. MEETINGS: Attended normal council, TRC, and Code enforcement as required. Attended meetings with projects involving plan reviews and inspections as necessary with the Building inspector and applicant. FIRE PREVENTION & PUBLIC RELATIONS ➢ El Azul nightclub (Old el amigos) was warned through code enforcement of the fire protection systems being out of date and requiring certification inspections. ➢ Firefighters conducted puppet shows for the school children and daycares. (there are still several more to do at this time) TRAINING ➢ Ebola training classes have been set up this month by the EOC and health department (this is a concern in the fire /medical service and we plan on gathering all the information that we can obtain and use it to the best of our resources. PERSONNEL ➢ OFD has several "cross- training" certified firefighters on the volunteer roster (the volunteer list is very strong at this time) ➢ Performed /Completed required evaluations for the old budget year. ➢ Recertification for firefighters EMT license is due by December of this year. We have begun collecting individual's recertification forms sent to them and will send out by the end of the month of October for processing by the State. ➢ Lt. Conroy is still on probation but seems to be acclimating well. ➢ Firefighter Timmy Palmer is still on the probation from being hired but is near completing requirements to be released from probationary to firefighter status. STATION AND EQUIPMENT ➢ Fire Department has recently in the last couple of months particularly been dealing with repairs in which some have been unexpectedly expensive but necessary. The age of the equipment is in my opinion playing a role in this expense. ➢ Ladder one received its annual ladder certification (passed with some minor repairs to be made) ➢ Ladder one still not able to pass the annual pump certification (trying minor repairs to keep from running hot) ➢ One of the gas monitors out of service due to calibration issues. (sent off for review /repair) ➢ Performed annual (PM's) preventive maintenance on all emergency vehicles. ➢ Water pump replaced due to leak on ladder one. 2 Fire Dept Oct 2014 Activity Report ➢ Ladder truck was out of service approximately two weeks in the last few months due to repairs required. D Large kilowatt generator (built -in) to Engine 6 experienced issues while running and had to be serviced /repaired. ➢ The station/complex generator (annual preventive maintenance performed) ➢ Began the slow transition of the older 30 minute air bottles to the 45 minute air bottles and harness /packs for firefighter PPE. D Radio tech requested from FCC an extension for our old band vhf to allow him time to set up and get old system converted over. D Truck 8 (brush vehicle) has an issue with the flatbed part of the truck (the bed is rusting through where gasoline has leaked onto the bed without knowing due to crack in can) D One of the (800) system portable radios fell from the truck during an emergency and slightly damaged the knobs which were replaced. D Lightening damage recently (all items have now been replaced or repaired) The base station is still out waiting on a part but we have a loaner being utilized and all the components and speakers have been replaced in and outside station. (finance sent this and other damage reports in to the insurance company for processing) D The internet has been down multiple times in the last couple months. We depend on the internet to access our fire software and incident reports. The hotspot can be used but is not consistent or fast enough to complete reports in a timely manner. We would like to request having a back -up or secondary internet service different from the one we receive from the city that can be used by our department and city hall. D Plans to revamp the stations bay area to protect the bunker gear from the exhaust of the trucks. Temporarily looking into using existing portion of bay and close it in while using some type of ventilation fan to protect gear and personnel. (Very low cost factor at this time, we are trying to makeshift something enough to make a difference without having a financial impact) in which this allows us time to review options with the administrator for next budget year. Code Enforcement > Submitted information packet for the possible demolition of structures by the city. > The "cheerleading business on 441 north" or the Goodbread property has been shut down until the issues have been mitigated. > Normal issues with grass due to the amount of rain received in the last few months but seem to be improving. Fire Dept Oct 2014 Activity Report r Attachment "A" City of Okeechobee October 24, 2014 Delegation Hearing CITY OF OKEECHOBEE — 2015 Legislative Issues Specific funding requests for the City: r t1.0 ex &i OCIA>r i *Support and funding for City Storm Water Retrofit - $450,000. (See enclosure) *Funding for City Storm Sewer — SCOP funding (for small Rural Area of Opportunity communities). The City has an application with FDOT for replacement of storm drain, pipe, street and sidewalk replacement all in connection with a collapsed storm sewer at SW 2nd Avenue and SW 8th St at estimated of $57,000. Issues of General Concern to the City: Our appeal to you as Legislators continues to be to help us by avoiding unfunded mandates and any other piece of legislation that will eventually cause us undo harm. Our area has been designated as a Rural Area of Opportunity (formerly known as rural area of critical economic concern /RACEC) but we need your continued support on any front to augment our fiscally constrained plight. We understand the State has faced unbelievable financial crises, but our area has fallen on uniquely difficult times...more specifically our: • Unemployment above State averages. • Poverty level is higher than State averages. Support for continued financial commitment to the FDOT and maintain funding already in place for the SR 70 widening project; including SR 70 west to Highway 27 and the intersection at .US 441(Parrott Ave.) and SR 70. In the next two years, the FDOT anticipates much needed extraordinary expenditures within Okeechobee County, which will foster continued economic growth, traffic congestion relief and appropriate evacuation routing. Medical Marijuana — The City requests to maintain our home rule authority regarding same (if amendment 2 passes) Public Records law — The City has always been as transparent as humanly possible and, of course, understands the public's right of access to our records. We seek only to protect local government's interest from relief of abuse of the Public Records Act. 1 I City of Okeechobee - 2015 Legislative Issues Issues of financial concern to the City: Local Business Taxes The City requests that our legislative delegation not support any actions to remove or alter the current Florida Statutes allowing counties and municipalities the authority to levy local business taxes subject to certain conditions. These local business taxes are currently used by local government to provide resources for a variety of services, including public safety and economic development. In connection with the Business Tax Receipt (BTR) the City performs a number of inspections including health and safety review. The BTR provides a registry of business activity that can be monitored for appropriate zoning, land use and Code compliance. A number of legislative initiatives were brought forward during the last legislative session that restricted or would have repealed the authority of local governments to levy the local business tax; negatively impacting resources for providing services and future bonding needs. No legislation should be enacted that eliminates or further restricts the use of the local business tax. The City of Okeechobee revenue loss is estimated at $70,000 +. Communications Services Tax (CST) The City requests that a solution to declining and inequitable Communication Service Tax be considered. Legislative and technological changes which have occurred over the past few years have resulted in an erosion of CST revenues to the state and local governments, diminishing the reliability of the revenue stream for operating and future bonding needs. These changes have also resulted in like services being taxed differently depending on the service provider or method of sale, causing the very discrimination the Communications Services Tax Simplification law was intended to prevent. The City of Okeechobee rec'd $362,000 in 2008 and expects to receive about $241,000 in 2014...a 33% reduction. In light of the fact that any changes to the CST revenue stream not carefully conceived could cause serious financial harm to local government, legislation aimed at reforming the Communications Services Tax should: • Be developed through consensus by a working group comprised of local governments, the communications industry and the state • Allow the CST to remain a locally - controlled revenue stream • Be carefully crafted to stabilize the currently diminished local government share of CST revenues and augment revenues by eliminating certain loopholes that have been realized • Remove competitive advantages by providing similar tax treatment to similar services, regardless of the technology utilized nor method of delivery • Provide transparency, such that the tax can easily be recalculated by the customer and audited by DOR Sales Tax on Internet Transactions The City requests that consideration be given to any legislation that rectifies tax free internet sales transactions. Internet -based businesses currently have a competitive advantage over our local and in- state businesses, since sales tax is usually not collected on Internet transactions, resulting in billions of dollars in lost revenue as well as lost opportunities for economic growth. Legislation should be enacted, and the Department of Revenue should adopt rules and regulations consistent with the Streamlined Sales and Use Tax Agreement. (Revenue loss to City of Okeechobee is uncertain, but $100 -200 million in local tax Toss, 1.24 billion at State level). City of Okeechobee - 2015 Legislative Issues Pension Reform The City of Okeechobee pension plan is solvent and absent some of the extravagant benefits found in other plans. The City requests the State not apply a one size fits all or propose reform that, in the end, is an unfunded mandate. Reform of state and local government pension plans has received substantial attention in Florida. Much of the discussion focuses on funding levels and actuarial assumptions. Pension plans should be manageable in the short term and sustainable in the long term. Legislation aimed at reforming pension plans for local government should: • Ensure that any legislation be made on a prospective basis that provides for existing employees to receive benefits consistent with those promises already made. • Provide flexibility that allows local governments to respond in a manner that recognizes the unique issues faced by each local plan and community. • Avoid or eliminate inconsistencies in state statutes that simultaneously mandate the provision of new benefits and compel local governments to reduce pension costs. Exemption — State mandated Our City has always been cognizant of taxpayer affordability and has held the millage rate the same (not the roll back or roll forward) for four years in a row even with dramatic decreases of taxable values. Our request, which parallels the `no unfunded mandate' statement, is that there is no mandated tax exemption, or at least there is no legislation that echoes the 'one size fits all' philosophy. Any legislation proposing additional tax exemption should give the local jurisdiction the authority to initiate. Issues — Law Enforcement: Support the current "Truth -in- Sentencing" Law that requires convicted criminals to serve a minimum of 85% of their court- imposed sentence. The citizens of Florida are currently experiencing the lowest crime rate in 41 years. The "Truth -in- Sentencing" Law implemented in 1995 has been an essential tool in our efforts to reduce crime and improve Public Safety in our communities. In the same token, supporting inmate re -entry programs during the incarcerated period that provides substance -abuse treatment, mental health treatment, vocational and educational training and life skills education that will prepare the inmate to become a productive citizen upon their release from inca rceration. Search and Seizure — the City encourages the legislature to preserve law enforcement's ability to act timely in the protection of our citizens. The City embraces its duty to defend citizens' rights against unreasonable search and seizure provided by the 4th Amendment of the United States Constitution, and a citizen's right to privacy provided by Article 1, Section 23 of the Florida Constitution. We also recognize that the legislature has the prerogative to increase these protections. Stand Your Ground - Support the findings of the "Governor's Task Force on Citizen Safety and Protection" as outlined in their report submitted on February 21, 2013. Collective Bargaining expansion - Both the City Council and our Law Enforcement family oppose, at both the State and Federal levels, any legislative attempt to further restrict the local conduct of employee /employer relations issues. This would include any expansion of or mandating of collective bargaining by local governments. —3-1 City of Okeechobee - 2015 Legislative Issues Law Enforcement funding endorsement: FDLE Services - We ask the Legislature to recognize the vitally important services which FDLE provides to state, county and local law enforcement agencies. We urge the Legislature to ensure FDLE has adequate funding to support local law enforcement efforts to ensure the safety of our citizens. The Court System Services - We believe it is in the best interest of law enforcement and public safety to have an adequately funded judicial system. Juvenile Justice System - We support and urge sufficient funding for all aspects of the juvenile justice system including diversion, assessment centers, treatment, pretrial detention and commitment programs. Support for other local agencies: The City of Okeechobee supports the legislative initiatives of each agency below: *Okeechobee County — Ex. Support legislation to renew the Enterprise Zone Program (set to sunset in 2015) *Okeechobee Utility Authority — Ex. Water infrastructure funding, Grant funding for septic tank to sewer hook ups *Okeechobee County School District and Chamber of Commerce. City of Okeechobee - 2015 Legislative Issues EECHOBEE NEWS cefebstiKg Our enrke,e«iaLt Vol. 105 No. 128 Friday, October 24 2014 500 plus tax City council candidates quizzed... Page 5 OHS to play Bayside Bears ... Page 8 Depot demo troubles city ... Page 7 Festivals and holiday events ... Page 9 Miniature horse found mauled ... Page 12 Lake Levels 16.01 feet Last Year: 15.47 feet Sponsored By: Pogey's Family Restaurant 1759 S. Parrott Ave. 763 -7222 Task force arrests 3 after chase By Eric Kopp tion pills. Carter was charged Okeechobee News with fleeing and eluding a law en- forcement officer and aggravated assault with a motor vehicle on a law enforcement officer. Santiago was also arrested on an Okeechobee County warrant charging her with violation of pro- bation - possession of marijuana under 20 grams. Henderson, said a task force detective, "has a criminal history in Florida and Georgia." The trio was being booked into the Okeechobee County Jail late Thursday, Oct. 23, and more information on their charges was not available as of newspaper deadline. They will be held with- out bond until their first appear- •keechobee New Eric Kopp ance hearings Friday morning. Okeechobee Narcotics Task Force detectives Corporal Shane Information was sketchy as Snyder (bent over) and Rick Voss (on ground) searched the detectives were busy searching grass along U.S. 441 S.E. Thursday afternoon for drugs that a ditch on the north side of U.S. had been apparently tossed from a fleeing Ford Expedition. Three people were arrested on various felony charges. Three people were arrested Thursday afternoon on felony drug and assault charges follow- ing a brief chase on U.S. 441 S.E. Shortly after the arrests, detec- tives from the Okeechobee Nar- cotics Task Force were literally on their hands and knees searching for drugs tossed from a Ford Ex- pedition during that chase. Arrested were: Christina San- tiago, 25, N.E. 21st St., Miami; Ab- solom Henderson, 34, S.E. 26th St., Okeechobee; and Melissa Carter, 24, S.E. 43rd St., Okeecho- bee. A detective with the task force said Henderson was being ar- rested on three felony charges, including the sale of heroin and the sale of prescription pills. San- tiago was charged with the sale eroin and the sale of prescrip- See TRIO — Page 12 City to late medical By Charles M. Murphy Okeechobee News Regulation of medical marijuana and hand- ing out a key to the city highlighted the agenda when the Okeechobee City Council met Tues- day night. The council set a public hearing date for Nov. 18 to regulate medical marijuana. A state- See page 4 for information abou how to contact this newspaper. Horida.nowszap.com Frt•S,sah irons 11111511511111011115111 5 marijuana wide amendment will be decided on Nov. 4 zoning. Under Sheriff Noel Stephen said the by voters. The proposed ordinance would al- growers are very limited by the referendum. low the city to impose a 180-day moratorium Four could legally operate inside Okeechobee should the amendment be approved. It would County, he said. be in effect until such time as regulations are In other business, the council agreed to formulated by the city allowed by law. Coun- allow personal services businesses with the cilman Dowling Watford said several cities exclusion of pawn shops in the central profes- have already started to accommodate medi- cal marijuana businesses in their codes and See CITY — Page 2 etiree community proposed near gun clubs By Katrina Elsken Okeechobee News A proposal to build a senior citizen develop- ment next door to a gun club hit a road block Thursday at the Okeechobee County Board of Commission meeting. The property, 235 acres, on N.E. 96th Av- enue, is owned by the Southeastern Spanish District, Council of the Assemblies of God. Approximately 40 acres of the property is cur- rently used as a retreat center. The rest of the property is in improved pasture. The proposed project would include 600 single-family residential units. The change would increase the maximum density from 1 dwelling unit per 10 acres to 3 dwelling units per acre. The project came before the county com- mission in the form of a request for an amend- ment to the Okeechobee County Comprehen- sive Land Use Plan. See NOISE — Page 12 ORoo nskin ALL ACCIDENTS. Free appointment ONE CALL. (all 357 -5800 Hoskt:nv,con Office:zrz S. Parrott, Okeechobee FREE Automotive Classified Adst 400 Words + 4 Photos Online for 4 Weeks Absolutely FREE! Example: Chrysler Convertible 2009, Excellent Condition, Heated Leather Seats, Front -Wheel Drive, Satellite Radio. $0,000. Call 555 -5555. Place your FREE AD online: 24 hours a day, 7 days a wee at... Inclick on Classifieds Plus...post your ads in these Florida newspapers for as low as $8 each! Okeechobee News, Caloosa Belie, Immokalee Bulletin, Clewiston News, Belle Glade Sun & The Glades County Democrat www.newszap.co 2 CITY Okeechobee News October 24, 2014 Continued From Page 1 sional office district. This would allow for Beasts and Barbells to open a fitness cen- ter at 210 N.W. Fifth Street. The council ap- proved a parking reduction of 20 percent for the business. The city code would require 35 parking spaces. 300 Plaza has allowed the.use of five parking spaces to meet the requirements. Councilman Devin Maxwell said there is no parking problem on this street and the city needs to address their parking regulations. "This person wants to open a business, it's an existing building and they want to have a business in the city." City Attorney John Cook said the council can allow Penrod Construction'Company to build a new monument sign in the city right of way at 210 N.E. Third Ave. Councilman Mike O'Connor said he doubted the city would ever need the right of way. The city would be held harmless on this parcel. The council voted 5 -0 to allow 50 percent of the sign to be placed in the right of way. The city approved a grant agreement with the Florida Department of Environmen- tal Protection for $100,000 to continue drain- age and storm water improvements. Work will be done on portions of Southeast 10th Avenue. Gary Ritter, of the South Florida Water Management District, said they have addi- tional grant money this year for drainage im- provements without local matching dollars. Employees recognized at the meeting included Jackie Dunham for five years, Pa- trolman Justin Bernst for 10 years and Sue Christopher for 15 years of service. Reverend Edward Weiss received a dis- tinguished service award and a key to the city for his work on behalf of the Ministerial Association. The council proclaimed the week of Oct. 19 -25 as Florida City Government week. Centennial Celebration Committee chair- man J.D. Mixon listed a kick -off celebration on Jan. 9 in the parks, a 100 -day scavenger hunt, historic bus tours, a centennial gala, a city birthday party, a heritage festival, a time capsule and burial ceremony, and a street frolic, as part of the year-long celebration for 2015. The committee has requested a city hall front walkway brick paver project and a monument at the proposed Taylor Creek Park to commemorate the celebration. In other business, the council approved closure of Southwest Fifth Avenue between Southwest Sixth Street and Southwest Eighth Street on Oct. 24 from 4 until 9 p.m. for the Central Elementary Fall Carnival. They voted to close Southwest Fourth Street between Southwest Fifth and Sixth Avenue on Nov. 22 for a 5K race benefit for Open Hands Health Center to provide free medical care to the community. Mac Jonassaint was appointed as an al- ternate member to the city planning board for term that ends on April 30, 2017. Rev. Weiss received the distinguished service award from Mayor Jim Kirk. Rev. Weiss said he was extraordinarily grateful to receive this honor and accepted it not for Okeechobee News /Charles Murphy Mayor Jim Kirk (right) and Police Chief Denny Davis (left), honored Sergeant Justin Bernst (center) for 10 years of service. himself but all members of the Okeechobee Ministerial Association. "1 think this award is one that surprised me the most. I never expected it and 1 don't see myself as personalty deserving it, but I do accept the award with humility on behalf of all the fine people in the ministerial as- sociation." Rev. Weiss said he is grateful that he and others have had the opportunity to pray at the beginning of every function of city, council and school board sessions and are allowed to hold the national day of prayer observance at the court house lawn. Rev. Weiss has a background in medicine and the military. He describes himself as a physician, teacher and priest. He started at Okeechobee News /Charles Murphy Reverend Edward Weiss (left) received the distinguished service award from Mayor Jim Kirk Tuesday. Okeechobee Forecast Brought to you by � ` tells. k „Our Focus 1sT Maxi You comfortable" www.QunutyACOkee.com 467- .1545 Today: Partly cloudy. High 81F. Winds NE at 10 to 20 mph. Tonight: A few clouds. Low 63F Winds N at 5 to 10 Extended Forecast Saturday: Sunshine and some clouds. High 82F. Winds N at 10 to 15 mph. Saturday Night: Partly cloudy skies. Low around 60F. Winds N at 5 to 10 mph. Sunday: Some clouds in the morning will give way to mainly sunny skies for the afternoon. High 82F. Winds NNE at 5 to 10 mph. Sunday Night: Clear. Low around 60F. mph. Winds ENE at 5 to 10 mph. a U.S. Navy hospital as a Corpsman during Vietnam serving in the 2nd Marine division, accepted a government scholarship, attend- ed medical school and then joined the U.S. Air Force after his internship and fellowship in medicine. He retired as full colonel at the start of the first Gulf War. He came to Okeechobee in 2000. He thanked his wife Josie for all her support during his career. "1 have dedicated my life to service and been blessed to be able to experience won- derful things all over," he said. "Despite what goes on in the world, I've been able to find places where the Lord is obviously present. I'm grateful for the opportunity to be able to serve." / SUNCQAST GUN SHOW COMING TO FORT PIERCE • Harvert L. Fenn Center October 25 & 26 • Sat 9 -5 I Sun 10 -4 Concealed Permit Class Daily 10am & 2pm 549! ADMISSION Bring in this ad $1OFF www.suncoastgunshows.com