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2001-03-06 RegularCITY OF OKEECHOBEE MARCH 6, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: March 6, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Eddie Lamb; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Carolyn Arnold, Office Assistant IV. PRESENTATIONS AND PROCLAMATIONS -Mayor A. Proclaim March 17"' as "Paddy Harte Day". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 20, 2001 Regular Meeting. PAGE 1 OF 13 Mayor Kirk called the March 6, 2001 Regular City Council Meeting to order at 6:00 p.m. Pastor Lamb offered the invocation; Mayor Kirk the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Absent Present Father Hugh Duffy, was presented a Proclamation from Mayor Kirk, Father Duffy accepted the Proclamation on behalf of Paddy Harte who was unable to make it to the Council meeting but is looking forward to the March 17" St. Patrick's Day Parade. This agenda item was omitted, due to the February 20, 2001 minutes not available. ill 112 MARCH 6, 2001 - REGULAR MEETING - PAGE 2 OF 13 VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. Mr. agenda. I C.R. "Buddy" Belk requested to be on the agenda. He will be heard under New Business item D. VII. OPEN FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK 111 Mayor Kirk opened the first public hearing for Community Block Grant Program at 6:04 p.m. GRANT PROGRAM - Mayor. A.1. a) Discuss the Community Development Block Grant (CDBG) Program Nancy Phillips, of Nancy Phillips and Associates, Grant Administrator, informed those present of the following: FFY 2001 - Nancy Phillips, Grant Administrator. This is the first of two required public hearings for the FFY 2001 Community Development Block Program. The purpose of the program is to advise the citizens of the City of Okeechobee that the City is considering applying for CDBG funds in one of the following four categories: 1) Housing Rehabilitation 2) Neighborhood Revitalization 3) Commercial Revitalization and 4) Economic Development. Currently the Florida Department of Community Affairs receives about $34 million dollars every year that is put out on a competitive basis and the distribution of that $34 million dollars for FFY 2001 is designated by the legislatures and 20 percent of those funds will go into Housing Rehabilitation; 40 percent into Neighborhood Revitalization;10 percent into Commercial Revitalization and 30 percent into Economic Development. Grants are awarded on a competitive basis and its based on low and moderate income population of the City and based on 1990 Census data which is what the State is still using at this time. The City of Okeechobee has one thousand seven hundred and sixty two lowto moderate income residents and that makes them eligible to receive up to six hundred thousand dollars ($600,000.00) in funding from the program. Just to briefly explain the four categories Housing Rehabilitation is basically bringing substandard housing units in the City up to code. To go in and correct code violations. It is a program that is not used to redecorate an individuals home. The individual, the applicant, has to be eligible by income limitations based on size of family for those individuals that live in that residence. Neighborhood Revitalization would be to do water and sewer, road improvements, community centers, again in a designated moderate to low income neighborhood. 51 percent of all funds that are awarded to a City have to benefit low to moderate income people. Commercial Revitalization is a category in a Community Redevelopment area to do facade improvements as beautification projects or to do streets capes. MARCH 6, 2001 - REGULAR MEETING - PAGE 3 OF 13 113 VII. PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A.1. a) Discuss the CDBG Program FFY 2001 continued. Recently, or several years ago the City had a Community Revitalization project in the downtown area over here and completed that successfully. Out of those three categories you can apply for the one of those during this Federal Fiscal Year. In addition to one of those three categories you can also make an application for an Economic Development Grant. Economic Development Grants are based on job creation and you form a partnership with a private business who will be creating the jobs and they are required to create one job for every thirty five thousand dollars ($35,000.00) in grant funds that are awarded to the City on behalf of the private business. Typically those grants can be used for infrastructure again, water, sewer, and roadways. You can also, there is a component of the CDBG Economic Development category if the local government so desires to loan, as a pass through, through the local governmentto a participating business for the purchase of equipmentfor the building or land. However, the state has done very few loans in those are scrutinized up to requiring some extra HUD documentation. That's one of the reasons that the loan program is not real popular in the state. But it is a component. So this is, again the first of two public hearings. Partially, the reason for holding this Public Headng tonight is for the City's Federal Fiscal Year 2001 Project. All of you will remember that in FFY 2000 the City made and application for and received a letter of reservation for six hundred thousand dollars ($600,000.00) for infrastructure at the City's Commerce Center. In order for us to fully execute those grant documents and be fully awarded the grant, we have up until March 26, 2001 to return all outstanding documentation back to the Department of Community Affairs (DCA). The City is ready to do that. We are waiting for some outstanding information from the business that is the job creator in that grant. We have basically given them until March 21"to give us that documentation so that we can make sure that we meet the March 26' deadline. If we do not meet the March 26' deadline, we have to start the process all over again. Which means that we have to resubmit on March 27" for FFY 2001 application deadline which is April the 3`d. So what we are doing is we are preparing for it, and that is one of the projects that we can, with the City's approval go forward with if that meets the desires of the City Council. A.1. b) Public Comments. Mayor Kirk opened the floor for public discussion and asked for public comments. With no comments from the public for discussion the City Council opened with their comments. Council Member Watford asked if this isjust a continuation of what we've been doing, Didn't we have a public hearing before? 114 MARCH 6, 2001 -REGULAR MEETING - PAGE 4 OF 13 VII. PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A.1. b) Public Comments continued. Nancy Phillips stated that yes we had public hearings. You are required to hold public hearings based on every FFY. The last set of public hearings that we went through were for FFY 2000. We are now in 2001 so we have to start the whole grant process over again. Council Member Watford stated I thought that's why we were under such time. Nancy Phillips stated we have until March 26" to take advantage of the award that was given to the City. If for some reason the participating party is unable to meet the commitment and provide to the City the documentation that has to be forwarded back to DCA we'd then have to move forward with the year 2001 funding and start the process all over again. The deadline is March 30"'. Council Member Watford stated so we basically already have it done. Nancy Phillips commented that we've got a lot of the documentation, we have to go through an redo letters. The participating party has to give us some updated financial information on the engineer. Council Member Watford asked do we have the financial information on that firm. Nancy Phillips stated that the information that was given to us was for last year's grant, the 2000 grant. Council Member Watford asked who has the information now? Nancy Phillips stated thatthe information is included with the documentation thatthe City Administrator has in the grant application. It had to go in with that. Council Member Watford said thank you. Nancy Phillips stated we are doing this basically in preparation for the FFY 2001 application just in case the documentation is not completed in time to meet the deadline for the FFY 2000 grant. Council Member Oliver asked if we do go into the 2001 Fiscal Year how long will it take to find out if we will reach the same status that we did in the Year 2000. MARCH 6, 2001 - REGULAR MEETING - PAGE 5 OF 13 115 VII. PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A.1. b) Public Comments continued. Nancy Phillips stated that she has had informal discussions with the Planning Manager that runs this program at DCA and talked with him about the dilemma that we are really in. The catch 22 with the timing. She stated that he advised us to prepare for something they call rolling the project over. To roll it over so that he can get it in the first couple of projects that he receives so that he can do a site visit in April. I'm hoping that we can get him down here by April 15°i and if I see that I'm going to have to roll it over I'm probably going to call him and schedule the site visit to get him in early April so that we can get our letter of reservation back prior to May 1" . Council Member Oliver asked what is the additional cost and to who? Nancy Phillips stated that the additional cost is the same cost that was to have been incurred for FFY 2000, and as a private company and trying to keep the City out of the loop of that, I have proposed an agreement with the participating party that has not been executed yet so right now, you are my client and I am going forward, with no cost to the City. Mayor Kirk stated that I think that's what he was wanting to know. Council Member Oliver that was my question. Nancy Phillips stated that the City is her client and she hopes that everything will just fall into place. Mayor Kirk asked if this just serves as a public hearing? Do we need to take any kind of action on it? Nancy Phillips stated that the Council basically just needs to open and close the Public Hearing. She stated that it would be a good idea if the Council did take action tonight to enable her to move forward with the grant requirements for FFY 2001. And then next Tuesday night she will be meeting with the Code Enforcement Board which serves as the Citizen's Advisory Task Force. That is a requirement of the Grant. I'm also required to hold two Fair Housing workshops in a separate Public Hearing which we have tentatively scheduled for your next Council Meeting. So we are on a three week fast track here a project that we took months before to put together we are going to complete in three weeks so that we can submit it on March the 27 h. Council Member Oliver asked this is just in the event that we have to do that. Nancy Phillips said I am hopeful that I have everything by March 21"but in case I don't I have to move forward on behalf of the City. 116 MARCH 6, 2001 - REGULAR MEETING - PAGE 6 OF 13 MI. PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A.1. b) Public Comments continued. III Council Member Williams asked are you having trouble getting the information from the other party? Nancy Phillips said It's not so much trouble getting the information. And I realize, Councilman that you weren't here during the last process. This particular project has been on going since last August or September. We met with the business and explained to them what they had to have in place with tentative time frames. I think the business, because they are not used to the grant world, and sometimes government can work very slowly, wanted to be sure that this City was going to actually go forward with trying to get the grants written and things and so once they saw that going on they then started, They are doing an Industrial Revenue Bond (IRB), and there is a certain process that has to be followed and they started that possibly not as early as what we had advised them to do. So, therefore, they're trying to play catch up and we know the letter of intent for the bond have been filed. Also, the first bonds are not going to the tax exempted until sometime in May. So we're trying to set some interim financing at this point based on those IRBs coming through. Its not that thy aren't attempting to they just don't have it together to give to us yet and that has to be in place, that's the documentation that we have to send back to the state. The wheels are turning, they are working towards that. We are just in a time crunch. Mayor Kirk asked if there was any other questions? What we are going to need is a motion to reapply for the CDBG after March 26' if necessary 2001 . Council Member Watford moved that we authorize our Grant Administrator to apply for the Community Development Block Grant for Federal Fiscal2001, if necessary, inthe Economic DevelopmentCateaory: Council Member Oliver seconded the motion. Mayor Kirk called for any further discussion or comments. There were none. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. III Mayor Kirk closed the public hearing at 6:17 p.m. MARCH 6, 2001 - REGULAR MEETING - PAGE 7 OF 13 117 Vlil. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:21 p.m. A.1.a) Motion to read by title only proposed Ordinance No. 767 amending Council Member Watford moved to read by title only, proposed Ordinance No. 767 amending the City of Okeechobee the City of Okeechobee Comprehensive Plan by revising the Comprehensive Plan by revising the Future Land Use Map; seconded by Council Member Williams. Future Land Use Map - City Attorney (Exhibit 1). A.1.b) Vote on motion to ready by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance 767 by title only. City Attorney Cook read proposed Ordinance No. 767 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 767 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE III DATE." 2.a) Motion to adopt proposed Ordinance No. 767. 111 Council Member Oliver moved to adopt proposed Ordinance 767; seconded by Council Member Watford. b) Public Comments. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council asked for the City's Plannerfrom LaRue Planning to explain again whatthe procedure was for applications going through this process. John Domer addressed the Council. He explained that: 1) Future Land Use map amendment should have been heard first by the Land Planning Agency; then 2) rezoning petition should be heard by the Planning Board followed by 3) special exception petition by the Board of Adjustments. Once the Council takes action on the Future Land Use Map change, this amendment, then the next meeting they will hear the rezoning petition. The Council expressed concerns about only changing the two requested lots and not the entire block and the feelings of the adjacent property owners Mr. Domer explained all property owners had been contacted and they chose not to participate in the changes but sounded no objections after being duly notified. 118 MARCH 6, 2001 - REGULAR MEETING - PAGE 8 OF 13 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD -YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk closed the public hearing at 6:30 p.m. A. Motion to adopt proposed Resolution No. 01-3 for the purchase of 1111 Council Member Oliver moved to adopt proposed Resolution No. 01-3 for the purchase of City Police Cars; seconded City Police Cars - City Administrator (Exhibit 2). by Council Member Chandler. City Administrator Bill Veach explained to Council that we have a little problem that arose due to the uniqueness of our lease set up and the fact that Ford Motor Company has slowed their production somewhat. It is interfered with the timing that we need to turnover the cars that we currently have to bring in our new cars. Therefore, we are requesting permission to purchase the cars different from the way that we ave awarded it for bid. We would like to go to (where) we found them in stock at a dealer in Georgia and we would like to make our purchase there. The actual price comes about roughly one hundred seventy-five dollars ($175.00) more per car. Mayor Kirk commented the danger here as I understand it is that we are going to lose the sale of our vehicles if we do not do this. Administrator Veach stated yes, due to the Ford Motor Company's delay in production by the time the cars can be produced and delivered to us some of the folks who have agreed to purchase our current fleet will have backed out of that. They will have found other cars by them. Council Member Oliver asked what happened to the first Resolution that we passed on the first one from the Okeechobee Motor Company? Administrator Veach stated he would have to consult the City Attorney on that but I believe we have to rescind that resolution and pass this resolution. MARCH 6, 2001 - REGULAR MEETING '-'PAGE 9 OF 13 IX. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 01-3 for the purchase of Attorney Cook stated he did not recall what action we took but whatever we did we need to undo. City Police Cars continued. Administrator Veach stated it was not done by a resolution. It was just the awarding of the bid. Council Member Oliver agreed it was just the awarding of the bid. Administrator Veach stated that the Resolution really deals with the form of financing and is in relation to the finance which we arrange for. Council Member Watford stated that he wanted to apologize to the City and to the Council. He felt bad about this situation and unfortunately it is something that is completely out of our control. We had requested the scheduling date on complete units we can request dates in the future. When we ordered these cars back in November and we requested the second week of February scheduling so we would have them aboutthe firstof March so the timing would be correct. In the Mean time with the slowdown in the automobile sales, Ford Motor Company cut their production originally 24 percent reduction and it has been changed a little bitto about 16 percent reduction but the fact is these cars were caught in that reduction and plant closures etc. so they were not scheduled as we had requested and we have tried to overcome that but we've been unsuccessful. I certainly apologize to the Council and the City for any problems that it caused. The Administrator and the Police Chief came down and discussed this sometime ago and my suggestion was thatthere are some large dealers that stockpile these, perhaps they could find them and apparently they did. But I do apologize. We hae never had this happen before, it is an unfortunate situation. And I will have to abstain from voting on this issue. Mayor Kirk commented that he appreciated Council Member Watford's comments and it is quite evident that you are concerned and this matter rests first with the City and I appreciate that fact also. Because as I understood it we cannot afford to not get our cars too so we just got caught in a bad situation. Hopefully that won't be the case next year. Anything else? If not when would we need to rescind whatever we do next. Attorney Cook informed Council that we can do that this evening. We first need a couple of things, first you need to rescind the award of Police cars that was given to Okeechobee Motors. Then you need to authorize the City Administrator to spend the extra cost of each car to make the out right purchase from the dealer in Georgia. Then you need to vote on the Resolution No. 01-3. 120 MARCH 6, 2001 - REGULAR MEETING - PAGE 10 OF 13 IX. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 01-3 for the purchase of Mayor Kirk called for a motion to rescind the motion to award the contract to Okeechobee Motors to purchase the new City Police Cars continued. automobiles. We need to first remove the present motion off the table. Council Member Chandler removed the second. Council Member Oliver removed the motion. Council Member Oliverthen made a motion to rescind the contract to Okeechobee Motors to purchase twenty (20) Police cars; Council Member Chandler seconded the motion. There was no discussion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - ABSTAINED WILLIAMS - YEA MOTION CARRIED. Mayor Kirk called for a motion to authorize the Administrator to expend an additional one hundred seventy five dollars ($175.00) per vehicle to the new dealer. Council Member Oliver made a motion to award the twenty (20) Police cars acquisition to Clint Brannon at the cost oftwentythousand, three hundred thirtyfive dollars ($20,335.00); seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD -YEA WILLIAMS - YEA MOTION CARRIED. MARCH 6, 2001 - REGULAR MEETING - PAGE 11 OF 13 121 IX. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 01-3 for the purchase of City Attorney Cook read Resolution 01-3 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE City Police Cars continued. CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH KISLAK NATIONAL BANK, SUCCESSOR IN INTEREST TO THE SKYLAKE STATE BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." Mayor Kirk called for a motion to adopt proposed Resolution No. 01-3. Council Member Oliver so moved; seconded by Council Member Chandler. Council Member Oliver asked has it been decided how we are going to get these cars? Administrator Veach informed the Council that yes it has. We are pretty sure how we are going to get them. We have two options. We can have them transported down; or Chief Davis has worked extensively to line up a second means of getting them down here and save the City quite a bit of money and that is to transport twenty chauffeurs to the site and drive them down here. That looks like at this time, that's got some real merit so we may very well go that way. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD -YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to appoint Dennis Dais as a Trustee to the Police Pension III Council Member Watford moved to appoint Dennis Davis as a Trustee to the Police Pension Fund and J.P. Zeigler as Fund - J.P. Zeigler, Fund Secretary (Exhibit 3). Fund Secretary; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 122 MARCH 6, 2001 - REGULAR MEETING - PAGE 120F 13 IX. NEW BUSINESS CONTINUED. C. Motion to award the contract for the lift station and sewer line at the Council Member Oliver moved to award the contract for the lift station and the sewer line at the new police station; new police station - City Administrator (Exhibit 4). seconded by Council Member Williams. There were some questions aboutwhere the City's property begins, where the Okeechobee Utility Authority begins it's lines and whether the Chamber will ever need to utilize the proposed lift station in the future. Mr. Don Greenhalgh addressed the council. Mr. Greenhalgh stated that he was the owner of Spring Lakes. He stated that the lift station was in a fiberglass package and was not a major lift station. Mr. Greenhalgh indicated that the lift station would be 6'-8' deep. Council asked if the applicant's references have been checked. Administrator Veach stated that they have, the applicant has worked with Craig A. Smith & Associates, Eckerd, and with the Seminole Indian tribe. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA: D. Mr. C.R. "Buddy" Belk,104 N.E. 6w Avenue Mr. Belk stated that he feels the City should do something about the alleyway between his property and that south of him. He stated that the Mexican Restaurant and Mexican store have customers that are taking advantage of the open alleyway. Mr. Belk indicated that the customers are using the alleyway for parking during the day while they are off at work. He stated concerns for the sale of alcohol from both establishments and the overflow of trash in the rear of the property. Mr. Belk stated that as far as he knew all businesses must have their own dumpster. He indicated that these two businesses are sharing a dumpster causing the overflow of the trash. He stated that not to long ago some people were drinking and backed out of the alleyway into his fence and tore down approximately fifty to sixty feet of fencing. Mr. Belk indicated at that point he called the Police to see if there was something that could be done. He was here before the City Council to see if there was anything else that they could do or check into. MARCH 6, 2001 - REGULAR MEETING - PAGE 13 OF 13 123 IX. NEW BUSINESS CONTINUED. D. Mr. C.R. "Buddy" Belk, 104 N.E. 6" Avenue. X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL 1MTH 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. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CMC, City Clerk Mr. Oakland Chapman addressed the Council on behalf of Mr. Belk. Mr. Chapman stated that Mr. Belk's property is the north half of the same block as ABC Liquor's (City of Okeechobee, Block 149.) Mayor Kirk advised Mr. Belk that the City will look into the problem to try and find a solution and see if there is anything we can do. He instructed the Police Chief to look into the situation. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:55 p.m. IV. l— L� * >� Page -1- u'' CITY OF OKEECHOB REGULAR CITY COUNCIL MEETI G - March 6, 2001 y HANDWRITTEN MIN TES I• CALL TO ORDER: - Mayor: xL-k 16` _ OPENING CEREMONIES: Invodatil offered by Pledge of Allegiance 1 MAYOR, COUNCIL AND STAFF ATTEIY" - -•-- Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Garlpiotea PRESENTATIONS AND PROCLAMATIONS -MAYOR. A. Proclaim March 17"' as "Paddy Harte Day".V. '-�-z--- MINUTES. City Clerk. ` (/ A. ncil Member moved to dispense with the reading and approve th e February 20, 2001 Regular Meeting; seconded by Council Member a Summary of Council Action for VOTE YEA NAY ABSTAIN oggNT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried — Denied. Vi. AGENDA -MAYOR. A. Requests for the addition, deferral or withdrawal of items on today's agenda. FIRST PUBLIC HEARING F AT Vil. MAYOR KIRK OPENED THE FIOR COMMUNITY BLOCK GRANT PROGRAM A.1.a) Discussion about the Community Develo ment Block Grant (CDBG) Program for Administrator. � g FFY 2001 Nancy Phillips, Grant b) Public Comments, �J� a `-�`- 0 MAYOR KIRK CLOSED THE PUBLIC HEARING AT Page -2 �% 7 P.M. VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION Z AT ��P. M. A.1.a) Council Member n � moved to Okee a Comprehensive Plan by revising he Future and Use Map; secosed onded NO. 767 amending the City of - y Council Member CLcJ b) Vote on motion to read by title only. S rc r VOTE YEA NAY ABSTAIN ABSENT ` KIRK - !n6 CHANDLER OLIVER WATFORD WILLIAMS Motioned - Denied. c) Attorney Cook proposed/ by title only as follows: "AN OR DINANCE OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. OF Tb 7 r6a5�4S AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INC NCE N0. AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN ORDINANCE EFFECTIVE DATE." CTIVE 2•a) Council Member_,= moved to adopt proposed Ordinance 767; seconded by Council Member OVKC YEA NAY A7Denied. CHANDLER OLIVER WATFORD WILLIAMS .7 MotionCaryi�- b) Public Comments. L"—tN�A — , �. � �"'� Cvl.c-C"�•—c �(�ti�` Z--(��O'�.'� ? ( r"'�z,7�U�c r , C�--�� �� - �,✓;:,e a�G�� ;�� �-:-� ems_ � MAYOR KI ��u THE PUBLIC HEARING AT = G P.M. IX. BUSINESS. G t `� C � u � 4--? — 6 /I AA. Council MemberL1 moved to a opt roposed Resoluti conded by Council Memb r R `` he purchase of e City Police Cars VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLI '� lotion Carried - Denied. 64 e7 B) Council Member,Q as Fund Secretary VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS Council Member - YEA NAY ABSTAIN ABSENT Motio Cam —Denied. Page -3- nd and J.P. Zeigler C) Council Member moved to award th �; seconded by Co uncil Member on and the sewer line at the newpolice station VOTE YEA NAY ABSTAIN ABSENT KIRK �(,tl� � (; 7 c OLIVERLER WATFORD n WILLIAMS Mo ion yarrie Denied. MAYOR KIRK ADJOURNED THE MEETING AT __ P.M. � JrD /-7- / L / r, �J • zze C7 \IJ zl� w 0 -UZI O-t ) aa� �9r 0 ��- Mt!-�ww- . r�L�, lJ �- -� (.�=�" L �iZ Ld ��G�; G'L�•'v--� Q'� �- t� ��_.�. �--W�� ;..a-c`'�--�-izsn"-E='�(-� _�t� �-7it��E?--ter✓ eX vi -' 6' G�y�%� (fug• (; �_�j '�' �' "� ,'���?� � (Z.;�/�/L � ` � i� `,, a J -'CtipG G� ✓lam � G u-�y �'�k�i?� ��� �� L�'. � r �l / A f-a V i It sr U-p zzv r7T7T- 62� _pf 77> 7- • 0 Page -1- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - March 6, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: M crzv counc;L2e4uIm,. M,,,�6 0O p ,, OPENING CEREMONIES: Invocation offered by Pri Pledge of Allegiance led by M�Ku-k, MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thmmnc Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Cl�er(k� Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS -MAYOR. A. , Proclaim March 17" as "Paddy Harte Day". _ 2 L t)Ltl�l� C' Hu R-c�J o 3P�r o1K- V. MINUTES -City Clerk. _ ✓",�" J�. CA ,ram T/rN c A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the February 20, 2001 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried - Denied. VI. AGENDA - MAYOR. A. Requests for the addition, deferral or withdrawal of items on today's agenda. _ �-� �'v;�.a�►`��J VII. MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR COMMUNITY BLOCK GRANT ROGJRAM��� AT % C) -P.M. A.1.a) Discussion about the Community Development Block Grant (CDBG) Program for FFY 2001 -Nancy Phillips, Grant Administrator. b) Public Comments w �� `:�o cc Cam► - /0oe,4-, it o-eFov-L-vl' �-a a C� I& ft� /1�a�-vim- fo ,Yv�^-�VJH4�0 4&LVYV) ealcm-& Page-2- MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT (-Q '- 9( P.M. A.1.a) Council Member w moved to read by title only, proposed Ordinance No. 767 amending the City of Okeechobee Com rehe sive Plan an by revising the Future Land Use Map; seconded by Council Memberly (Exhibit 1) b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER x OLIVER X WATFORD WILLIAMS x Motion Came — Denied. c) Attorney Cook read proposed Ordinance No 767 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN,ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member moved to adopt proposed Ordinance 767; seconded by Council Member kz%�Ij VOTE YEA NAY ABSTAIN ABSENT KIRK x CHANDLER x OLIVER X WATFORD x WILLIAMS x otion Carrie Denied. b) Public Comments. c1i col _ X�v o� o �PLur�� -cam R�Zo,�.ii.�c-, .-�E-�v,,�� MAYOR KIRK CLOSED THE PUBLIC HEARING AT IX. NEW BUSINESS. A. Council Member moved to adopt proposed Resolution No. 01-3 for the purchase of City Police Cars (Exhibit 2); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried — Denied. 1 • 0 Page -3- B) Council Member�'�moved to appoint Dennis Davis s a Tr stee to the Police Pension as Fund Secretary (Exhibit 3); seconded by Council Member Fund and J.P. Zeigler VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X\ OLIVER X WATFORD X WILLIAMS iy�ion Came Denied. C) Council Memberld'`'" � moved to award the pqtract for the lift station and the sewer line at the newpolice station (Exhibit 4); seconded by Council Member W VOTE W YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X OLIVER X WATFORD WILLIAMS x � Motion Carried — Denied. r . 1 - w ur��ux ✓V �2 i�gtti p'L.� �cr .�. , p Q '�¢�. X. MAYOR KIRK ADJOUR D THE MEETING AT� :SS P.M. )�&" � old - YI�A � +-a o "V - Li� fi:�� CITY OF OKEECHOBEE MARCH 6, 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER -Mayor: March 6, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Calvin Fryar; • Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea • IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim March 17t' as "Paddy Harte Day". V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 20, 2001 Regular Meeting. MARCH 6, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR COMMUNITY BLOCK GRANT PROGRAM - Mayor. • A.1.a) Discuss the Community Development Block Grant (CDBG) Program for FFY 2001 - Nancy Phillips, Grant Administrator. b) Public Comments. CLOSE PUBLIC HEARING - Mayor. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 767 amending the City of Okeechobee Comprehensive Plan by revising the Future Land Use Map - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 767 by title only. 2.a) Motion to adopt proposed Ordinance No. 767. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. MARCH 6, 2001 - CITY COUNCIL AGENDA - PAGE 3 OF 3 IX. NEW BUSINESS. • A. Motion to adopt proposed Resolution No. 01-3 for the purchase of City Police Cars - City Administrator (Exhibit 2). B. Motion to appoint Dennis Davis as a Trustee to the Police Pension Fund - J.P Zeigler, Fund Secretary (Exhibit 3). C. Motion to award the contract for the lift station and sewer line at the new police station - City Administrator (Exhibit 4). X. ADJOURN MEETING - Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. a Grp OFFICE OF THE MAYOR Owdohee, oud� r � n x WHEREAS, the City of Okeechobee will be honored and receive International acclaun in March due to the 1 lth Annual Parish and Community Festival at Sacred Heart Catholic Church; and 4 WHEREAS, the Honorable Paddy Harte will serve as Grand Marshal for this year's 5th Annual St. Patrick's Day Parade on Saturday, March 17; and ' WHEREAS, he is noted as a messenger of peace and compatibility throughout the world and has been recognized and honored by heads of State and social entities for his >„ contributions to mankind as a lifelong public servant; -r NOW THEREFORE, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim Saturday, March 17 as "Paddy } Harte Day." F. 4r IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND CAUSED THIS SEAL TO BE AFFIXED JAMES E. KIRK, MA X"e ATTEST: . _ BONNIE S. THOMAS, CMC, CITY' DATE: MARCH_ 4. t e. �N 'ax: • • EXHIBIT 1 ^- MAR 6 AGENDA ORDINANCE No. 767 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations ofthe Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part H, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1 SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F. S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 01-002-SSA, from Single -Family to Multi -Family: Lots 3 and 4, Block 21, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7 of the public records of Okeechobee County, Florida. SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use 2000: City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). Page 1 of 2 SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 641 day of _March, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Adopted after first reading on the 6—� day of March , 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 • • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 Staff Report- Smal ImScale Land Use Amendment Robin Lamb and Michelle Connelly From Single Family to Multi Family Petition No. 01-002-SSA Prepared for: The City of Okeechobee . . . Staff Report Robinette Lamb/Michelle Connelly Small -Scale Comprehensive Plan Amendment Petition No. 01-002-SSA Applicant: Robinette J. Lamb and Michelle Connelly (Applicants) Fawn Timko (Owner) 1306 SW 2nd Avenue Okeechobee, Florida 34974 Legal Description of Subject Property: Lots 3 and 4, Block 21, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 7 of the public records of Okeechobee County, Florida. Item before the Council: The matter for consideration by the City Council and Land Planning Agency is an application for an amendment to the City of Okeechobee Future Land Use Map (FLUM), previously adopted by this Board in conjunction with the adoption of the Comprehensive Plan. This application qualifies under Florida Statutes 163 as a "Small -Scale Amendment" to the Plan. Background: The subject property is approximately 0.32 acre(s). The applicant intends to develop the property as a day care facility. This development will have public utilities and the adjoining property uses are as follows: North: Residential Single Family South: Residential Single Family East: Commercial West: Residential Single Family Staff Report Robinette Lamb/Michelle Connelly Small -Scale Comprehensive Plan Amendment Petition No. 01-W2-SSA View from subject property looking toward commercial property East Commercial Property located east of Subject property Application Description: Commercial property located 3 lots to the North Single Family Residence located to the South of subject property The property has a zoning classification of RSF and is designated Single -Family on the Future Land Use Map (FLUM). In a separate request, the applicant proposes a rezoning to RMF. The applicant proposes to amend the FLUM to allow Multi -Family as a future land use designation on the property. This would provide consistency with proposed zoning and would be consistent with surrounding land uses in the area. The existing land use of the contiguous neighborhood houses is single-family; however, the block appears to be changing its character. Within the surrounding area there are currently commercial uses. The proposed amendment requesting multi -family as a future land use would be consistent with the surrounding area absent severe impacts to nearby single family residences. With the requested use, if granted, there would be consistency with the proposed zoning which would allow for the operation of a day care facility. Comprehensive Plan Analysis: The City Council and Land Planning Agency are required to address certain areas in conjunction with the Comprehensive Plan, which may be categorized as follows: Staff Report Robinette Lamb✓Michelle Connelly Small -Scale Comprehensive Plan Amendment Petition No. 01-M-SSA A. Consistency with the Land Use Categories and Plan Policies. The proposed amendment would allow the property to remain consistent with the Land Use Categories and Plan Policies. B. Concurrency of Adequate Public Facilities. If the Future Land Use designation and rezoning is approved, a day care facility will be operating in an existing structure that already has water and sewer facilities. Final concurrency determination will come during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses. The change from Single -Family to Multi -Family on the Future Land Use map would not create incompatible uses in the neighborhood. The subject property is located directly behind a large commercial property. SW 2°d Ave. largely consists of residential property with several commercial uses in the immediate area. The proposed use would operate as a buffer between the single-family residences behind and west of the subject property and the commercial properties to the East. This arrangement would not create an inconsistent use. D. Compliance with the Specific Standards of the Plan. The standards of the Plan would be maintained with the proposed amendment, most directly, Objective 2 and Objective 10 of the Future Land Use Element. Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Objective 10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Notice of Proposed Action: This application and its appearance before the City Council and Land Planning Agency were duly noticed for the public, and were the LPA to make a finding that this application is consistent with the Comprehensive Plan, the matter will be set for a public reading in accordance with public notice requirements under Florida Statutes, Chapter 163. Staff Report • Robinl amb✓Michelle Connelly Small -Scale Comprehensive Plan Amendment Petition No. 01-002-SSA Assessments • • • Based upon the Comprehensive Plan, its goals, objectives, and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that the Land Planning Agency, find the application to be consistent with the Comprehensive Plan. Submitted by: James G. LaRue, AICP Planning Consultant 1 / 16/01 CITY OF OKEECHOBEE FEBRUARY 27, 2001 LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION PAGE 1 OF 2 11 AGENDA 1I[ ACTION DISCUSSION - VOTE 11 I. CALL TO ORDER: - Chairperson. February 27, 2001, Land Planning Agency Meeting, 7:00 p.m II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Chairman Jerry Walker Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Board Member Frank Mueller Alternate Board Member Daniel Creech Alternate Board Member Sandra Jones Attorney John R. Cook Secretary Beatrice Castorina III. MINUTES - Secretary. Vice Chairman Ledferd called the February 27, 2001 Land Planning Agency Meeting to order at 7:00 p.m. Secretary Castorina called the roll: Absent (with consent) Present Present Present Present Absent (with consent) Present Absent (with consent) Present (Serving as a voting member) Absent ( with consent) Present • A. Motion to dispense with the reading and approve the Member Keller moved to dispense with the reading and approve the Summary of Agency Action for Summary of Agency Action for the January 23, 2001 the January 23, 2001 meeting; seconded by Member Mueller. meeting. Hoover- Yea Ledferd- Yea Keller- Yea Mavroides - Yea Mueller- Yea Jones -Yea MOTION CARRIED. February 27, 2000 - LAND PLANNING AGENCY - PAGE 2 OF 2 AGENDA ACTION - DISCUSSION - VOTE 11 IV. NEW BUSINESS. A. Consider Comprehensive Plan Map Amendment Application 01-002-SSA, Applicants Robin Lamb and Michelle L. Connelly. Owner Fawn Timko. The property is located at 1306 Southwest 2"d Avenue and is legally described as Lots 3 and 4, Block 21, South Okeechobee - City Planning Consultant (Exhibit 1.) V. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a • record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary John Domer of LaRue Planning & Management Services, City Planning Consultant, addressed the Agency stating the applicant is requesting change of the Future Land Use Designation from Residential Single Family (RSF) to Multi -Family (MF). The Applicant plans to use this property for a Daycare. In order for the property owner to have a Daycare on this property a Future Land Use Map Amendment is necessary to change the designation to Multi -Family. Staff finds the amendment consistent with the Comprehensive Plan and recommends approval. Member Keller made a motion that as a finding of fact that Application No. 01-001 SSA is in conformance and that as a matter of law that approval be determined; seconded by Member Mueller. Hoover- Yea Ledferd- Yea Keller- Yea Mavroides - Yea Mueller- Yea Jones -Yea MOTION CARRIED There being no further items on the agenda, the meeting was adjourned at 7:05 p.m. • EXHIBIT 2 MAR 6 AGENDA RESOLUTION NO. 01-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE - FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH KISLAK NATIONAL BANK, SUCCESSOR IN INTEREST TO THE SKYLAKE STATE BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act"). Section 2: Findinas. It is hereby ascertained, found, determined and declared by the City of Okeechobee, Florida, (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the "Equipment") and pay for such acquisition through a lease - purchase financing structure pursuant to a Master Lease -Purchase Agreement (the "Lease -Purchase Agreement") between the Lessee and Kislak National Bank, successor in interest to The Skylake State Bank (the 'Bank"). (b) The Lessee is authorized and empowered by the Act to enter into transactions such as that contemplated by the Lease -Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease -Purchase Agreement by the Lessee will comply with all of the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Bank are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. Section 3: Authorization of Equipment. The lease -financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement which shall contain terms consistent with the proposal of the Bank attached hereto as Exhibit B. OR103185;1 Section 4: Approval of Lease -Purchase Agreement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Bank, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved by the Mayor or City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease - Purchase Agreement and the other terms of the Lease -Purchase Agreement shall be consistent with the proposal of the Bank attached hereto as Exhibit B. Section 5: Designation as Qualified Small Issuer Obligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess of $10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Equipment pursuant to the Lease - Purchase Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986. Section 6: Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of [click here and insert city, state], Equipment Acquisition Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its obligations under the Lease in accordance with the terms thereof. Section 7: Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry out the purposes of this Resolution. Section 8: Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease -Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease -Purchase Agreement, or any other document or agreement hereby authorized. Section 9: Succession of Officer of Lessee; Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall OR103185;1 2 become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. Section 10: Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Bank (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Bank (or its assigns). Section 11: Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Section 12: Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 13 : Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of March 2001. (SEAL) James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, City Clerk OR103185;1 • • STATE OF FLORIDA COUNTY OF I, Bonnie S. Thomas, City Clerk of the City of Okeechobee, Florida, do hereby certify that the above and foregoing is a true and correct copy of a resolution as the same was duly adopted at a meeting of the City Council held on the day of March, 2001, and as the same appears on record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of March, 2001. Bonnie S. Thomas, City Clerk (SEAL) OR103185;1 4 EXHIBIT A Description of Equipment 20 police cars OR103185;1 EXHIBIT B Bank Proposal OR103185;1 TO: FROM: DATE: MEMORANDUM Mayor and Council Bill L. Veach, City Administrator March 1, 2001 SUBJECT: Police Car Acquisition DEALER COST PER CAR TOTAL COST Clint Brannen $20,335 $406,700 EXHIBIT 3 MAR 6 AGENDA City of Okeechobee Police Pension Fund 55 SE 3d Avenue Okeechobee, Florida 34972 (863) 763-5521 Fax (863) 763-7804 August 5,2000 City of Okeechobee City Council 55 SE 3rd Avenue Okeechobee, Florida 34972 Dear Council Members, This letter is to inform the City Council that on July 25, 2000 Dennis W. Davis was elected by a clear majority of the members of the City of Okeechobee Police Pension Fund as the new police pension fund member trustee, effective September 1, 2000. Chief Davis will assume the position on the police pension fund that is to be vacated by Chief R.P. Farrenkopf upon his retirement on August 31, 2000. Chief Davis' term will be from September 1, 2000-August 31, 2002. Respectfully Submitted, 7 John Paul Zeigler Pension Fund Secretary EXHIBIT 4 MAR 6 AGENDA TABULATION SHEET CITY OF OKEECHOBEE POLICE STATION LIFT STATION AND FORCE MAIN PROJECT KDL UNDERGROUND AND DEVELOPMENT $48,835.00 SPRING LAKE SERVICES $39,383.70 . • EXHIBIT 4 ^- MAR 6 AGENDA EXHIBIT TO FOLLOW FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUSBLICRITYOFFICERS NAME OF BOARD, COUNCIL, COMMIS,, OR COMMITTEE AST NAME —FIRST NAME —MIDDLE NAME 1 t 1,, 1 n - ,.i Win,. ,1. u,wd Mr—EE ON 'AIUNG ADDRESS arr ?ATE ON WHICH VOTE OCCURRED THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COM WHICH 1 SERVE IS A UNIT OF: QI CITY ❑ COUNTY G OTHER LOCAL AGENCY COUNTIIY,,,� NAME OF POLITICAL SUBDIVISION: MY PO rrION IS: €-1ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). , ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the ;. +, „r tho moatinn whn will incorporate the form in the minutes. (Continued on other side) PAGE 1 CE FORM 8B - EFF. 1/2000 - APPOINTED OFFICERS (continued) A copy of the form must be'provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST u1C; hereby disclose that on _ :ti\(i ht� I iG 20_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss of MCAILv 0 -Vll(10ni by whom I am retained; or — inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: which Date Filed Sign re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2