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2001-12-04 RegularCITY OF OKEECHOBEE DECEMBER 4, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: December 4, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor John Keith; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Cleric. 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 IV. MINUTES - City Cleric. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 6, 2001 Regular Meeting. PAGE 1 OF 11 Mayor Kirk called the December 4, 2001 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Keith; Mayor Kirk led the pledge of allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the November 6, 2001 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 259 260 DECEMBER 4, 2001 - REGULAR MEETING - PAGE 2 OF 11 V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items ontoday's Mayor Kirk asked whether there were any additions, deferral's orwithdrawal ofitems on today's agenda. New Business agenda. III Item "H, Exhibit 10" was added to the agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:03 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 783 providing Council Member Watford moved to read by title only proposed Ordinance No. 783 providing for alternative methods for alternative methods of code enforcement - City Attorney (Exhibit of code enforcement; seconded by Council Member Oliver. 1). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 783 by title only. Attorney Cook read proposed Ordinance No. 783 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ARTICLE Il, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 783. Council Member Chandler moved to adopt Ordinance No. 783 seconded by Council Member Oliver. b) Public Comments. Mayor Kirk asked whether there were any questions or comments from the public, there were none. Discussion was then held between Council and Staff. Council Members were concerned with the definition of a repeat violator. Attorney Cook clarified that when a notice is sent to a property owner and the property is cleaned up without any further notices or procedures, that property owner is not considered a repeat violator. Even if they are sent another notice for the same property several months later. A repeat violator is one that admits to the violation (for example, pays the fine) or one who does not respond when the notices are sent out. DECEMBER 4, 2001- REGULAR MEETING - PAGE 3 OF 1111 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.2.b) Public Comments continued. Council asked for clarification of paragraph numberfivein the ordinance. Attorney Cook explainedthata repeatviolator is also a property own different different property, but the same violation. For example a person can own more than one piece of property and be cited for the same violation, at the same time, if they do not bring their property into compliance, they can be labeled as a repeat violator since they have multiple citations. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 784 authorizing III Council Member Watford moved to read by title only proposed Ordinance No. 784 authorizing the imposition of non -ad the imposition of non -ad valorem assessments for solid waste valorem assessments for solid waste collection; seconded by Council Member Williams. collection - City Attorney (Exhibit 2). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA 11 MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 784 by title only City Attorney Cook read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD -VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITIONAND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY 262 DECEMBER 4, 2001 - REGULAR MEETING - PAGE 4 OF 11 M. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 784 by title only DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR continued. LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND 11 PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 784. 111 Council Member Oliver moved to adopt Ordinance No. 784; seconded by Council Member Chandler. b) Public Comments. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The discussion was held between Council and Staff. The garbage collection will be on the November 2002 tax bill and citizens will be paying for the garbage collection for the 2003 year. After the first year, the City will realized the savings of changing the bill collection. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 785 amending Council Member Oliver moved to read by title only proposed Ordinance No. 785 amending the land use designation the land use designation from Heavy Commercial to Residential from Heavy Commercial to Residential Multi Family at 110 Southwest 9th Avenue, Lots 25 and 26 of Block 200, City Multi Family at 110 Southwest 9th Avenue, Lots 25 and 26 of Block of Okeechobee Subdivision; seconded by Council Member Chandler. 200, City of Okeechobee Subdivision - City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. DECEMBER 4, 2001 - REGULAR MEETING - PAGE 5 OF 11 263 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 785 by title only Attorney Cook read proposed Ordinance No. 785 by title only as follows: "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 11 DATE." 2. a) Motion to adopt Ordinance No. 785. Council Member Oliver moved to adopt Ordinance No. 785; seconded by Council Member Watford. b) Public Comments. Mayor Kirk asked whether there were any questions or comments from the Public. There were none. City Planning Consultant, John Dulmer addressed this issue. Comprehensive Plan Map Amendment Application No. 01-005-SSA (Small Scale) was completed by Lake View Builders, Inc. on behalf of the property owners, Jimmy L. and Cheryl S. Byrd. The address of the property is 110 Southwest 9' Avenue with legal description being Lots 25 and 26 of Block 200 in the City of Okeechobee Subdivision. The property is currently zoned Heavy Commercial. The property owners are also in the process of rezoning the property. The current future land use designation is commercial. The proposed request is to change the land use to multi -family for the development of a triplex rental unit. The property to the North, South and West is residential use and only the East is commercial use. Staff found that the proposed use is consistent with the amendment. Changing the property to multi -family remains consistentwith the Comprehensive Plan and general planning principles by providing reduction in intensity moved away from Park Street, West. The size of the property does not lend itself to a sizable development which would have an negative impact upon the City. Furthermore, the applicant's proposed triplex would place minimum impact on public services. It is compatible with adjacent and nearby land uses. The amendment would also be consistent with all Goals, Objectives, and Policies pertaining to allowable uses, concurrence and all other applicable standards. The amendment was presented to the Land Planning Agency at the November 27, 2001 meeting. The board unanimously found the amendment consistent with the Comprehensive Plan and recommended approval. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 264 DECEMBER 4, 2001 - REGULAR MEETING - PAGE 6 OF 11 CLOSE PUBLIC HEARING - MAYOR KIRK. VII. NEW BUSINESS. CLOSE PUBLIC HEARING - MAYOR KIRK AT 6:52 P.M. A.1. a) Motion to read by title only and set January 15, 2001 as a public Council Member Watford moved to read by title only and set January 15, 2002 as a public hearing date, Ordinance No. hearing date, Ordinance No. 786 amending the zoning map by 786 amending the zoning map by rezoning Lots 25 and 26, Block 200, Okeechobee from Heavy Commercial to rezoning Lots 25 and 26, Block 200, Okeechobee from Heavy Residential Multi -Family; seconded by Council Member Oliver. Commercial to Residential Multi -Family - City Attorney (Exhibit 4). VOTE b) Vote on motion to read by title only and set public hearing date. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 786 by title only. Attorney Cook read proposed Ordinance No. 786 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIALZONING MAP OF OKEECHOBEE BY REZONINGA CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 786. III Council Member Chandler moved to approve the first reading of proposed Ordinance No. 786; seconded by Council Member Williams. b) Discussion. 111 There was brief discussion regarding this rezoning request. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. DECEMBER 4, 2001 - REGULAR MEETING - PAGE 7 OF 11 265 VII. NEW BUSINESS CONTINUED. B. Motion to adopt Resolution No. 01-15 regarding code enforcement IIIseconded Council Member Oliver moved to adopt Resolution No. 01-15 regarding code enforcement policies and procedures; policies and procedures - City Attorney (Exhibit 5). by Council Member Chandler. Attorney Cook read the title of proposed Resolution No. 01-15 for the record, as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SETTING FORTH CODE ENFORCEMENT POLICIES; PROVIDING FOR NOTICE TO VIOLATORS; PROVIDING A SCHEDULE OF FINES AND OFFENSES; PROVIDING FOR MANDATORY COURT APPEARANCES; PROVIDING A SUGGESTED OUTLINE TO DETERMINING METHOD OF ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE." There was a lengthy discussion between the Council and Staff regarding this resolution. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - NO WILLIAMS - YEA MOTION CARRIED. C. Discuss appointments to the Hazardous Mitigation Committee - Administrator Veach explained that the City -County Local Mitigation Strategy needed to stay current, therefore they City Administrator. needto reappoint a Council Member to serve on the Hazardous Mitigation Committee and decide whether or notto keep the administrator position also appointed to that committee. The current appointments are former Council Member Lowry Markham and Administrator Bradshaw. Council agreed to appoint Administrator Veach. Council Member Oliver volunteered to serve as the Council Member. D. Motion to approve the State Appropriation Contract for the III Council Member Watford moved to approve the Appropriation Contractwith the State of Florida Office of Tourism, Trade Industrial Park - City Administrator (Exhibit 6). and Economic Development for the Industrial Park; seconded by Council Member Oliver. Mayor Kirk began the discussion by stating he discussed this with Administrator Veach and asked, this does not tie the City to anything that would put us in a pay back situation. Admistrator Veach responded, no, this is not linked to jobs, nor a potential tenant. This is the appropriation from the legislature signed by the Governor which is just for .the development of an industrial park. The way that we have explained that to them is that this money will be used basically in engineering, right of way costs and the development of signalization, etc., that may be needed at the intersection of North Parrott Avenue. This money in essence will be spent outside the industrial park. 266 DECEMBER 4, 2001 - REGULAR MEETING - PAGE 8 OF 11 VII. NEW BUSINESS CONTINUED. D. Motion to approve the State Appropriation Contract for the Council Members asked various questions, Administrator Veach responded as follows: this money will be spent very Industrial Park continued. quickly, within the next six months. This will be the first expenditures of the project. If the project does not go because there is not a tenant there, but we are still moving toward the development of an industrial park, this money is not tied to that. This is really "get the ball rolling" type money. In addition to that the Department of Transportation has plans already laid out for North Parrott Avenue and if we do not get in and interact with them on that planning stage now, we will be left behind on that and we need to function there. Council then asked various questions regarding Sheffield Environmental Services, Inc. Administrator Veach answered that the City has never given them a deadline to get their funding. The thinking has been that, as long as the grants are there, and there is no one else working a deal with us, then what is the point in cutting off the one that is in place. As long as we keep ourselves covered. What we do not want to do and will not do is get into a position where we are expending grant monies that are tied to a tenant unless that tenant is securely in place. Ultimately our grant time line will come into play. Mayor Kirk interjected, at some point we do need to say, okay its time to move or not move. We have a lot of money tied up in grants that support this, but they need to get their act together. We do not want to be sitting a year from now, still talking about this. If they are sincere they need to put it together. He instructed the Administrator to let them know the Council is having concerns regarding the fact that they are not making what we would consider significant progress, which could lead to a date. Council also noted that when we see our legislative delegation we need to thank them for getting this for us. Administrator Veach noted, not only for approving this, and providing for it but also for keeping it in place with all the budget cuts it was very difficult. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a $3,000 fee request for Nancy Phillips related Council Member Chandler moved to approve a three thousand ($3,000.00) dollar fee request for Nancy Phillips related to the pursuit of grant money for the Fire Station and City Hall - City to the pursuit of grant money for the Fire Station and City Hall; seconded by Council Member Oliver. Administrator (Exhibit 7). DECEMBER 4, 2001 - REGULAR MEETING - PAGE 9 OF 11 267 VII. NEW BUSINESS CONTINUED. E. Motion to approve a $3,000 fee request for Nancy Phillips related to the pursuit of grant money for the Fire Station and City Hall continued. F. Motion to approve a taxi cab permit for J and D Transportation - City Administrator (Exhibit 8). Administrator Veach explained, Staff is looking for grant monies that would assist us in refurbishing the fire station and making some maintenance upgrades on City Hall. These items were discussed during the budget process. The thought being the Council may opt to make improvements to the tune of five to six hundred thousand dollars on these two buildings. If we can go out and get some grant monies to assist with that, then we should be pursuing that. He spoke with Nancy Phillips, she has located sources of potential grants. There will be a cost to hire to her to pursue these for us and some staff effort as well. One thing that he cautioned the Council on, these are very competitive grants. But, with her expertise I think our chances are a lot greater than they are if he wrote this grant. There will be other expenses the City would likely to incur in addition to the three thousand dollars, for example, grant administrator fees would come into play, if we obtain any grants. There is a Red Cross Form that will have to be completed and it might require an engineer to complete it. We are inquiring whether our building official can complete the form or whether the State could provide an engineer. We know roughly what the figures are going to be. If we do not pursue it we knowthat we absorb all of that. If we can spent 1 percent or'/Z percent of that money to try to pursue additional funding, in my opinion, I would spend the money to see if I could get some help. Council agreed it would be worth the effort to see if we could be awarded some money. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Oliver moved to approve a taxi cab permit for J and D Transportation; seconded by Council Member Chandler. There was brief discussion regarding this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. DECEMBER 4, 2001 - REGULAR MEETING - PAGE 10 OF 11 8 6 ............. ::..............:....::::::::::::::.::....::...::::::::::..::... 2 :::::::::...... VII. NEW BUSINESS CONTINUED. G. Motion to approve an Interlocal Agreement related to the creation Council Member Oliver moved to approve an Interlocal Agreement related to the creation of an Enterprise Zone; of an Enterprise Zone - City Administrator (Exhibit 9). 11 seconded by Council Member Watford Mr. Leo Conner, Okeechobee Development Authority Director briefly addressed the Council relating to the creation of an Enterprise Zone. Mr. Conner distributed copies of the City - County Economic Development Strategic Plan. He apologized for the lateness of the project. A short time ago Governor Bush declared Okeechobee County and six other counties in this area as rural areas of "critical economic concern." Because of that designation, it allows Okeechobee to apply for "Enterprise Zone Status." The County is the lead agency in applying for this enterprise zone status, this is set by statute. Through the Interlocal Agreement you are not turning over anything to the County or to anybody else, itjust says basically that you agree with the strategic plan, with the boundaries and that you basically allow the County to go forward with putting in the application for the status. The benefits of an Enterprise Zone is it allows everyone in Okeechobee to offer more extensive benefits to companies interested in locating here or expanding here. Sales tax rebates, different tax rebates for hiring new people and new positions that are twice than anybody else that does not have an enterprise zone can do. There are other incentives that are offered, and are typically doubled what they are anywhere else. We will be working with the City closely in order to do this. We set up a committee which is similar to a working group consisting of Bill Veach, Bob Oliver, Keith Walpole, Joe Varnadore, Bill Royce and myself. We have encompassed the entire City of Okeechobee. Twenty square miles is the most you can have for the zone and our total came up to 19.850 square miles. Existing businesses qualify for these benefits as well as new ones, and any type of business, not just industrial. These enterprise zones have been successful in other areas. Administrator Veach also noted that nothing in the Enterprise Zone can supercede the City's zoning or regulatory ordinances, they all work under that umbrella. Mr. Connor noted that once the City Council and County Commission approves the interlocal he will be appearing before the City's Planning Board since the statutes regulates that both Boards have to concur that this Strategeic Plan meets all the requirements of your Comprehensive Plan. The Council thanked Mr. Connor and the ODA members who worked on this. It appears to be a "win - win" situation. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. DECEMBER 4, 2001 -REGULAR MEETING -PAGE 11 of 11 1 269 X. NEW BUSINESS CONTINUED. G. Motion to approve an Interlocal Agreement related to the creation Adminsitrator Veach added that he really wanted to thank Mr. Conner. He has been up against a huge time line on this of an Enterprise Zone continued. and it kind of dropped in the midst of all the other work he is doing and he has really gone out of his way to include the City and to make sure the City's voice was heard. The Council extended their appreciation for this. ITEM ADDED TO THE AGENDA: H. Motion to approve a Temporary Street Closing Application submitted by the Chamber of Commerce. Southwest 4°i Street from South Parrott to 3`d Avenue on December 5, 2001 from 2:00 to 5:30 p.m. for the Budweiser Clydesdales Horse Show - City Administrator (Exhibit 10). All. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF APERSON DECIDES TO APPEAL M RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE ATTEST: Bonnie S. Thomas, CIVIC, City Clerk ISIO BY THE CITY COUNCIL AT AVE ATM RECORD OF THE WHICH TH APPEAL IS TO BE B c� irk, Mayor Council Member Watford moved to approve a temporary street closing request by the Chamber of Commerce, closing Southwest 4" Street from South Parrott to 31d Avenue on December 5, 2001 from 2:00 to 5:30 p.m; for the Budweiser Clydesdales Horse Show; seconded by Council Member Chandler. Council Members also noted that they are not condoning anyone's business or product, this group is nationally known, they are in all kinds of parades, this is a special event and we are very lucky to have them come. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:40 P.M. • IPA CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - November 6, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: Kirk December 4 2001 Cin Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Pastor John Keith Pledge of Allegiance led by Mayor Kirk MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. Page -I- A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the November 6, 2001 Pegular Meeting; seconded by Council Member 0 w V A C� . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER / OLIVER `. WATFORD WILLIAMS �' Motao6 Carried -r Denied. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda.,�,%��, / `Cl IJ VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Council Member movedtoread bytitle only proposed Ordinance No. 783providingfor alternative methods of code enforcement - City Attorney (Exhibit 1); seconded by Council Member,' b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER i WATFORD WILLIAMS '- Motioq}� arried — Denied. c) City Attorney Cook read proposed Ordinance No. 783 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE II, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Page -2- A. 2. a) Council Member R- moved to adopt Ordinance No. 783 seconded by Council Member b) Public Comments. of 16 IYA 'Az �ii(.tir�j > 41 L-er ze tv C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MotiorCarried - Denied. 171 • Page -3- B.1. a) Council Member— moved to read by title only proposed Ordinance No. 784 authorizing the imposition of ri�.n-; i valorem assessments for solid waste collection - City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried - Denied. c) City Attorney Cook read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD -VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." 2.a) Council Member - moved to adopt Ordinance No. 784; seconded by Council Member r b) Public Comments. 11 .z X, G . �'�� � a�--�-- �-�—�--+� �--Yc.�'--•-mil � � �L;' ��C'.k'-� v�--c.a`�v�.+ f ^ 1 c) v (�� `� � Voteon motion. ,, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion qa0ed - Denied. 77 ti nAo, 1 :L�- Page-4- C.1. a) Council Member moved to read by title only proposed Ordinance No. 785 amending the land use designation fro eav Commercial to Residential Multi Fami at 110 Southwest 9th Avenue, Lots 25 and 26 of Block 200, City of Okeechobee uu ii-vision - City orney x i i 3); seconded by Council Member_. b) Vote on motion to read by title only. VOTE A NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion 6arT5i�d— Denied. c) City Attorney to read proposed Ordinance No. 785 by title only as follows: "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." 2. a) Council Member moved to adopt Ordinance No. 785; seconded by Council Member . b) Public Comments. 7 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS `,Carried — Denied. Motion CLOSE PUBLIC HEARING - MAYOR KIRK AT S P.M. • Page -5- VII. NEW BUSINESS. j A.1. a) Council Member moved to read by title only and set January 15, 200Vas a public hearing date, Ordinance No. 786 amending the zoning map by rezoning Lots 25 and 26, Block 200, Okeecho eo from Heavy Commercial to Residential Multi -Family - City Attorney (Exhibit 4); seconded by Council Member ,' b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS r' Motio re/Carved — Denied. c) City Attorney to d proposed Ordinance No. 786 by title only as follows: "An Ordinance of The City of Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Heavy Commercial (CHV) Zoning District to Residential Multi -Family (RMF) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 786; seconded by Council Member b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio Ca d — Denied. B. Council Member moved to adopt Resolution No. 01-15 regarding code enforcement policies and procedures - City Attorney (Exhibit 5); seconded by Council Member. 4i�o C(G *� �j 3�^'% (� k v �L2l —�� �i -6 VOTE VCA AIAV ARCTAIN ARSFNT . 7111 KIRK CHANDLER OLIVER WATFORD— WILLIAMS L' Motion an -r Denied. ��lGCE' i�'� t�c-:.ram, ��•t/J LJ� _ �-J`GzG:7 �-y �� m ��° � � �' ' l -.--��_ .. }��,' © � j IJ z� d' Page -6- C. Discuss appointments to the Hazardous Mitigation Committee - City Administrator. Aikn - 0---- Ut w (I 17 D. Council Member k", &I moved to approve the State Appropriation Contract for the Industrial Park -City Administrator (Exhibit 6); seconded by Council Member 2__�151 - 64 ,4 7 OT ol� .�/ � �.�,;� VOTE ,_-r-�L$.�L�f�s l v"�-�G Z/.li� G�-C-t.�.._�.� r'V-t�...� _ � - �'C-t� �L`�:L� �..�L�-�� YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion -Denied. (Gai�ied - Page -7- E. Council Mem moved to approve a $3,000 fee request for Nancy Phillips related to the pursyJt Rf grant money for the Fire Station and City Hall - City Administrator (Exhibit 7); seconded by Council Member. �f_� x_k L 2. VOTE YEA NAY ABSTAIN ABSENT bu / 0 4,1 1/5 KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion ed Denied. G, F. Council Member moved toa rove a taxicab permit for J and D Transportation -City Administrator (Exhibit �Z/ 8); seconded by Council Member 0/1� - — VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion d - Denied. Page -8- G. Council Member moved to approve an Interlocal ft�,,Teqt related to the creation of an Enterprise Zone - . - - L City Administrator (Exhibit 9); seconded by Council Member . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Moti0o Car"d - Denied. I,--- W- 41 IV. A Page -1- CITY OF OKEECHOBEE Ug�j4_z, 4 REGULAR CITY COUNCIL MEETING - Nevewber4-, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: Kirk, December 4, 2001 City Council Regular Meeting 6.00 p.m. OPENING CEREMONIES: Invocation offered by Pastor John Keith Pledge of Allegiance led by Mayor Kirk MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present I Absent Mayor Kirk V-11— Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. Council Member_ moved to dispense with the reading and approve the Summary of Council Action for the November 6, 2001 Regular Meeting; seconded by Council Member C, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD r WILLIAMS r Motion arried , Denied. V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. add VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A. a Council Member c� ) '�1 moved toread bytitleonlyproposedOrdinance No. 783providingfor alternative methods of code enforcement -City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion F arried-)Denied. c) City Attorney Cook read proposed Ordinance No. 783 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE II, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." • • t� Page -2- A. 2. a) Council Member moved to adopt Ordinance No. 783 seconded by Council Member C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK � CHANDLER v OLIVER WATFORD WILLIAMS c/ Motio arrie Denied. Page -3- B.1. a) Council Member moved to read by title only proposed Ordinance No. 784 authori2ing the imposition of non -ad valorem assessments for solid waste collection - City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD c/ WILLIAMS Motion arried — Denied. c) City Attorney Cook read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD -VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITIONAND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." 2.a) Council Member moved to adopt Ordinance No. 784; seconded by Council Member b) Public Comments. tilt/-7 LU u\_I_ l J tic,•J 'Zoo 6 r Ci, p l�f, L (tit a rt r�t U c) Vote on motion.! - �,� G'` t �_� ;) rctik� VOTE YEA NAY ABSTAIN ABSENT &4t(yu c2•z�t KIRK CHANDLER `� ,7 GQ �Y�tD� GG'ru "Oc f CCC�''u`c OLIVER , WATFORD WILLIAMS +' Motio Carried Denied. Page-4- C.1. a) Council Member f I" moved to read by title only proposed Ordinance No. 785 amending the land use designation from Heavy Commme-fcial�to Residential Multi Family at 110 Southwest 9th Avenue, Lots 25,and 26 of Block 200, City of Okeechobee Subdivision - City Attorney (Exhibit 3); seconded by Council Member N Q- _. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio arrie -r Denied. c) City Attorney to read proposed Ordinance No. 785 by title only as follows: "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." 2. a) Council Member moved to adopt Ordinance No. 785; seconded by Council Member P . b) Public Co ments. 0�-V" LAS kl�'U-Qj, LS4 �f w-( G�CrW' �Q Vva-pus. (kc ; c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion qmlfi—! Denied. CLOSE PUBLIC HEARING - MAYOR KIRK AT P.M. \�b VII. NEW BUSINESS. Page -5- A.1. a) Council Member moved to read by title only and set January 15, 2001as a public hearing date, Ordinance No. 786 amending the zoning map by rezoning Lots 25 and 26, Block 200, Okeechob from Heavy Commercial to Residential Multi -Family - City Attorney (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER f WATFORD WILLIAMS Motion Carried - Denied. c) City Attorney to read proposed Ordinance No. 786 by title only as follows: "An Ordinance of The City of Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Heavy Commercial (CHV) Zoning District to Residential Multi -Family (RMF) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 786; seconded by Council Memberk. b) Discussion. �-) *. 1� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK i CHANDLER i OLIVER WATFORD WILLIAMS MotlohGDenied. B. CouncilMember_&I moved to adopt Resolution No. 01-15regarding code enforcement policies and procedures - City Attorney (Exhibit 5); seconded by Council Member ABC- . lot' (�� l •t t� J 1�14� it Q �� Cl l ��i (`tic t E �� (l �3 "� f L l t l fu VOTE YEA NAY ABSTAIN ABSENT c ti�i (��C� u, f ��' J�� `'— ( � f ao KIRK ✓ CHANDLER CC t OLIVER WATFORD SI -fG �?i G(�t 1 j ` 1 �.� !/ t j �`� •� ._ c �' \ WILLIAMS ��� MotionOpaW - Denied. ' lG L�� a \J ��Ct 1, �l'1 �t l_�,� � % ; �: �'��Ir;•�„ d ��' , , art � c Page -6- C. Discuss appointments to the Hazardous Mitigation Committee - City Administrator. D. Council Member moved to approve the State Appropriation Contract for the Industrial Park -City Administrator (Exhibit 6); seconded by Council Member. ltiC vC-1 `PLC r)c� t bcat did L VOTE YEA NAY ABSTAIN ABSENT Ck C U L tiKIRK CHANDLER ,� �Z� Ok OLIVER WATFORD �, r� 1 �.� 'fL+ 1� _�L J_a C � WILLIAMS �� J �. Motto Cam _ - Denied. �� - �(-t �J ��,�. j �� -C u Page-7- E. Council Members moved to approve a $3,000 fee request for Nancy Phillips related to the pursuit�_Pf grant money for the Fire Station and City Hall - City Administrator (Exhibit 7); seconded by Council Member ta�E) _N\ 6 vrs VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS LI/ MofiorKj;�ani Denied. F. Council Member � moved to approve a taxi cab permit for J and D Transportation - City Administrator (Exhibit 8); seconded by Council Member J/ I- f, 11'0 u,L VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Moti�h Carrie - Denied. 0 0 Page -8- G. Council Member &., moved to approve an Interlocal Agreeme t related to the creation of an Enterprise Zone - City Administrator (Exhibit 9); seconded by Council Member IT7 . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS M0t10K7 d — Denied. �!-)i V4 L C cl-,, dv,) Cc, U�U op X- 51 R(; 17 A X� 6 ZlLcZa- L OIL I-X 6 V it ' (,-, (; ,-) I vo e' CITY OF OKEECHOBEE DECEMBER 49 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: December 4, 2001, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Pastor John Keith; 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 6, 2001 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. "1 rcwRnsn d '711M _ f''rry PC%][T►rrri Ad-- NnA _ Psr_F 7 nF d VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to read by title only proposed Ordinance No. 783 providing for alternative methods of code enforcement - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 783 by title only. 2.a) Motion to adopt Ordinance No. 783. • b) Public Comments. c) Vote on motion. B.La) Motion to read by title only proposed Ordinance No. 784 authorizing the imposition of non -ad valorem assessments for solid waste collection - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 784 by title only. 2.a) Motion to adopt Ordinance No. 784. b) Public Comments. c) Vote on motion. C.La) Motion to read by title only proposed Ordinance No. 785 amending the land use designation from Heavy Commercial to Residential Multi Family at 110 Southwest 9`' Avenue, Lots 25 and 26 of Block 200, City of Okeechobee Subdivision - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 785 by title only. nrrFMRF.R tt_ 2001 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.2.a) Motion to adopt Ordinance No. 785 b) Public Comments. c) Vote on motion. VII. NEW BUSINESS. • A.La) Motion to read by title only and set January 15, 2001 as a public hearing date, Ordinance No. 786 amending the zoning map by rezoning Lots 25 and 26, Block 200, Okeechobee from Heavy Commercial to Residential Multi -Family - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 786 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 786. b) Discussion. c) Vote on motion. • B. Motion to adopt Resolution No. 01-15 regarding code enforcement policies and procedures - City Attorney (Exhibit 5). C. Discuss appointments to the Hazardous Mitigation Committee - City Administrator D. Motion to approve the State Appropriation Contract for the Industrial Park - City Administrator (Exhibit 6). E. Motion to approve a $3,000 fee request for Nancy Phillips related to the pursuit of grant money for the Fire Station and City Hall - City Administrator (Exhibit 7). DECEMBER 4, 2001 - CITY COUNCIL AGENDA - PAGE 4 OF 4 V E VII. NEW BUSINESS CONTINUED. F. Motion to approve a taxi cab permit for J and D Transportation - City Administrator (Exhibit 8). G. Motion to approve an Interlocal Agreement related to the creation of an Enterprise Zone - City Administrator (Exhibit 9). VIII. 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. ExszsiT 1 N DECE14BER 4 AGENDA ORDINANCE NO. 783 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE 11, SECTIONS 2-16 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 11, Section 2-15 of the Code of Ordinances provides for certain Code Enforcement procedures as permitted by Florida Statutes Chapter 162; and WHEREAS, the existing codes do not contain language to address alternative methods of Code Enforcement as provided by Chapter 162; and WHEREAS, certain definitions in the code as well as language to update the section is necessary to comply with Ordinance Number 782 recently enacted by the City to provide for alternative methods of Code Enforcement; THEREFORE, be it ordained by the City of Okeechobee, Florida that Article II, Sections 2-15 to 2-20 of the Code of Ordinances be amended in the following respects: Section 2-16. Definitions. As used in this part, the terms: (1) (no change) (2) Code Inspector means any authorized agent or employee of the City of Okeechobee who is appointed by Resolution of the City, and who serves at the terms set by, and at the pleasure of, the City Council, and whose duty it is to assure code compliance, cause issuance of notices, code violation notices, citations to appear in court; to inspect properties for compliance; to appear and present code violations to the Code Enforcement Board or to the County Court; and such other duties as prescribed from time to time by the City. (3) (no change) (4) (no change) (5) Repeat violator means a violation of a provision of a code or ordinance by a person who has been previously found through a Code Enforcement Board, or any other quasi-judicial or court proceeding to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations should occur at different locations or properties of the violator. Section 2-20. Effect of no violation. In the event any alleged violator should appear or contest the violation through the Code Enforcement Officer, before the Code Enforcement Board, or before the County Court, and the Board or County Court should find as a matter of law and fact from the evidence or witnesses presented by the Code Enforcement Officer representing the City at such hearing, that no violation occurred by the alleged violator, then no administrative charge or expense as provided herein shall be Page 1 of 2 assessed against the alleged violator, and such allegations shall not constitute a violation so as to form a basis for treating the alleged violator as a repeat violator underthis section, unless such violatorwould otherwise qualify for such designation as defined in Section 2-16. INTRODUCED for first reading and set for final public hearing this _ day of _,2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this of T, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • , EXHIBIT 2 DECEMBER 4 AGENDA ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE IMPOSITION OF NON AD - VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rate Resolution" means the resolution described in Section 2.08 hereof, establishing the rate at which a Solid Waste Collection Assessment for a specific Fiscal Year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which a solid waste collection assessment is imposed or reimposed. 1 "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the solid waste collection services, programs or facilities identified in the Initial Assessment Resolution or a subsequent Preliminary Rate Resolution. "Assessment Roll" means the special assessment roll relating to a Solid Waste Collection Assessment approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof. "Council" means the CITY COUNCIL of Okeechobee, Florida. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. "Building Department" means the administrative office of the City designated by the Council to collect interim solid waste collection Assessments, or such office's designee. "Building Permit" means an official document or certificate issued by the City, under the authority of ordinance or law, authorizing the construction or siting of any building within the City. The term "Building Permit" shall also include set up or tie down permits, or their functional equivalent, for those structures or Buildings, such as a mobile home, that do not require a Building Permit in order to be constructed. "Certificate of occupancy" means the written certification issued by the City that a building is ready for occupancy for its intended use. For the purposes of this Ordinance, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. "Clerk" means the Clerk for the City of Okeechobee, Florida, as ex-officio Clerk of the CITY COUNCIL and such other person as may be duly authorized to act on his or her behalf. "City" means City of Okeechobee, Florida- 2 "City Administrator" means the chief administrative officer of the City, designated by the CITY COUNCIL to be responsible for coordinating the SOLID WASTE COLLECTION ASSESSMENTS, or such person's designee. "Final Assessment Resolution" means the resolution adopted by the City Council as Resolution Number 01-8 as amended, as described in Section 2.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the initial imposition of SOLID WASTE COLLECTION ASSESSMENTS. "Administrative costs" Are those costs associated with the structure, implementation, collection, and enforcement of the SOLID WASTE COLLECTION ASSESSMENTS, including any service charges of the Tax Collector or Property Appraiser and amounts necessary to off -set discounts received for early payment of SOLID WASTE COLLECTION ASSESSMENTS pursuant to the Uniform Assessment Collection Act or for early payment of SOLID WASTE COLLECTION ASSESSMENTS collected pursuant to Section 3.02 herein; a reasonable amount for contingency and anticipated delinquencies and uncollectible SOLID WASTE COLLECTION ASSESSMENTS; and reimbursement to the City or any other Person for any moneys advanced for any costs incurred by the City or such Person in connection with any of the foregoing components of Solid Waste Assessed Cost. "Fiscal Year" means that period commencing October 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a city, a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the identification of the Solid Waste Assessed Cost for which an assessment is to be made and for the imposition of a solid waste assessment. 3 "Maximum Assessment Rate" means the highest rate of a Solid Waste Assessment established by the CITY COUNCIL in an Initial Assessment Resolution or PreliminaryRate Resolution and confirmed by the CITY COUNCIL in the Final Assessment Resolution or Annual Rate Resolution. "Ordinance" means this Solid Waste Assessment Ordinance, as amended from time -to -time. "Owner" means the Person reflected as the owner of Assessed Property on the Tax "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Preliminary Rate Resolution" means the resolution described in Section 2.08 hereof initiating the annual process for updating the Assessment Roll and directing the reimposition of SOLID WASTE COLLECTION ASSESSMENTS pursuant to an Annual Rate Resolution "Property Appraiser" means the Okeechobee County Property Appraiser. "Tax Collector" means the Okeechobee County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, 4 the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII, Section 1, Florida Constitution, and Chapter 166 Florida Statutes, the CITY COUNCIL has all powers of local self-government to perform City functions and to render City services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. (B) The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of City SOLID WASTE COLLECTION ASSESSMENTS under the general home rule powers of a City to impose special assessments; (2) authorize a procedure for the funding of solid waste services, facilities, or programs providing special benefits to property within the City; and (3) legislatively determine the special benefit provided to Assessed Property from the City's consolidated solid waste services program. (C) The annual SOLID WASTE COLLECTION ASSESSMENTS, to be imposed using the procedures provided in this Ordinance, shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (D) The SOLID WASTE COLLECTION ASSESSMENTS to be imposed using the procedures provided in this Ordinance are imposed by the CITY COUNCIL, not the Clerk, Property Appraiser or Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial. SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT. It is hereby ascertained and declared that the solid waste services, facilities, and programs provide a special benefit to property because solid waste services possess a logical relationship to the use and enjoyment of improved property by: (1) protecting the value and integrity of improvements, structures and land through the provision of solid waste services; (2) protecting the life and safety of intended occupants in the use and enjoyment 5 of property; and (3) lowering the cost of fire insurance by the presence of a professional and comprehensive solid waste services program within the City. ARTICLE II ANNUAL SOLID WASTE COLLECTION ASSESSMENTS SECTION 2.01. GENERAL AUTHORITY. (A) The CITY COUNCIL is hereby authorized to impose an annual Solid Waste Assessment to fund all or any portion of the Solid Waste Assessed Cost upon benefitted property at a rate of assessment based on the special benefit accruing to such property from the City's provision of solid waste services, facilities, or programs. All SOLID WASTE COLLECTION ASSESSMENTS shall be imposed in conformity with the procedures set forth in this Article II. (B) The amount of the Solid Waste Assessment imposed in a Fiscal Year against a parcel of Assessed Property shall be determined pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the Solid waste Assessed Cost among properties on a basis reasonably related to the special benefit provided by solid waste services, facilities, or programs funded with assessment proceeds. (C) Nothing contained in this Ordinance shall be construed to require the imposition of SOLID WASTE COLLECTION ASSESSMENTS against Government Property. SECTION 2.02. INITIAL PROCEEDINGS. (A) The initial proceeding for the imposition of a Solid Waste Assessment shall be the adoption of an Initial Assessment Resolution by the CITY COUNCIL, (1) containing a brief and general description of the solid waste services, facilities, or programs to be provided, (2) determining the Solid Waste Assessed Cost to be assessed, (3) describing the method of apportioning the Solid Waste Assessed Cost and the computation of the Solid Waste Assessment for specific properties, (4) establishing an estimated assessment rate for the upcoming Fiscal Year, (5) establishing a Maximum Assessment Rate, if desired N by the CITY COUNCIL, and (6) directing the City Administrator to (a) prepare the initial Assessment Roll, as required by Section 2.03 hereof, (b) publish the notice required by Section 2.04 hereof, and (c) mail the notice required by Section 2.05 hereof using information then available from the Tax Roll. (B) The Initial Assessment Resolution shall also sufficiently identify property that may be subject to the imposition of SOLID WASTE COLLECTION ASSESSMENTS by designating a geographic area within the City where the CITY COUNCIL provides solid waste services, facilities and programs as follows: (1) Such CITY COUNCIL designated geographic area may consist of all or a portion of the incorporated area. The CITY COUNCIL may designate such geographic area by creating a new municipal service benefit unit, which contains a description of the property to be included or by using an existing municipal service benefit area heretofore created by the CITY COUNCIL. (2) Alternatively, the CITY COUNCIL shall identify such property by providing a summary description of the parcels, conforming to the description on the Tax Roll, located within the City that receive a special benefit from the provision of solid waste services, facilities or programs. SECTION 2.03. INITIAL ASSESSMENT ROLL. (A) The City Administrator shall prepare, or direct the preparation of, the initial Assessment Roll, which shall contain the following: (1) A summary description of all Assessed Property conforming to the description contained on the Tax Roll. (2) The name of the Owner of the Assessed Property. (3) The amount of the Solid Waste Assessment to be imposed against each such parcel of Assessed Property. A The initial Assessment Roll shall be retained by the City Administrator and shall be open to public inspection. The foregoing shall not be construed to require that the 7 Assessment Roll be in printed form if the amount of the Solid Waste Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the initial Assessment Roll, the City Administrator shall publish, or direct the publication of, once in a newspaper of general circulation within the City a notice stating that at a meeting of the CITY COUNCIL on a certain day and hour, not earlier than 20 calendar days from such publication, which meeting shall be a regular, adjourned, or special meeting, the CITY COUNCIL will hear objections of all interested persons to the Final Assessment Resolution which shall establish the rate of assessment and approve the aforementioned initial Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the property subject to the Solid waste Assessment; (B) a brief and general description of the solid waste services, facilities, or programs to be provided; (C) the rate of assessment including a Maximum Assessment Rate in the event one was adopted by in the Initial Assessment Resolution; (D) the procedure for objecting provided in Section 2.06 hereof; (E) the method by which the Solid Waste Assessment will be collected; and (F) a statement that the initial Assessment Roll is available for inspection at the office of the City Administrator and all interested persons may ascertain the amount to be assessed against a parcel of Assessed Property at the office of the City Administrator. SECTION 2.05. NOTICE BY MAIL. In addition to the published notice required by Section 2.04, the City Administrator shall provide notice, or direct the provision of notice, of the proposed Solid Waste Assessment by first class mail to the Owner of each parcel of property (except Government Property) subject to the Solid Waste Assessment. Such notice shall include (A) the purpose of the Solid Waste Assessment; (6) the rate of assessmentto be levied against each parcel of property including a Maximum Assessment Rate in the event one was adopted by the Initial Assessment Resolution; (C) the unit of measurement applied to determine the Solid Waste Assessment; (D) the number of such units contained in each parcel of property; (E) the total revenue to be collected by the City from the Solid Waste Assessment; (F) a statement that failure to pay the Solid Waste Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in a loss of title to the property; (G) a statement that all affected Owners have a right to appear at the hearing and to file written objections with the CITY COUNCIL within 20 days of the notice; and (H) the date, time, and place of the hearing. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each Owner at such address as is shown on the Tax Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The City Administrator may provide proof of such notice by affidavit. Failure of the Owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL pursuant to this Ordinance. SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the public hearing as noticed pursuant to Sections 2.04 and 2.05 hereof, or to which an adjournment or continuance may be taken by the CITY COUNCIL, the CITY COUNCIL shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the CITY COUNCIL adopt the Final Assessment Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the CITY COUNCIL; (B) establish the rate of assessment to be imposed in the upcoming Fiscal Year; (C) establish a Maximum Assessment Rate that may be imposed in the event such rate was Included in the Initial Assessment Resolution; (D) approve the initial Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. The adoption of the Final Assessment Resolution by the CITY COUNCIL shall constitute a legislative determination that all parcels assessed derive a special benefit from the solid waste services, facilities, or programs to be provided or constructed and a legislative 2 determination that the SOLID WASTE COLLECTION ASSESSMENTS are fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be filed with the City Administrator at or before the time or adjourned time of such hearing. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which SOLID WASTE COLLECTION ASSESSMENTS are imposed or reimposed hereunder. SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The SOLID WASTE COLLECTION ASSESSMENTS for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property; the method of apportionment and assessment; the initial rate of assessment; the Maximum Assessment Rate, if any; the initial Assessment Roll; and the levy and lien of the SOLID WASTE COLLECTION ASSESSMENTS), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the CITY COUNCIL action on the Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the SOLID WASTE COLLECTION ASSESSMENTS, such other official as the CITY COUNCIL by resolution shall designate. SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. (A) The CITY COUNCIL shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which a Solid Waste Assessment is imposed hereunder. (B) The initial proceedings for the adoption of an Annual Rate Resolution shall be the adoption of a Preliminary Rate Resolution by the CITY COUNCIL (1) containing a brief and general description of the solid waste services, facilities, or programs to be 10 provided; (2) determining the Solid Waste Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the estimated assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a Maximum Assessment Rate, if desired by the CITY COUNCIL; (5) authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for the upcoming Fiscal Year; and (6) directing the City Administrator to (a) update the Assessment Roll, (b) provide notice by publication and first class mail to affected Owners in the event circumstances described in subsection (F) of this Section so require, and (c) directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the City. (C) The Annual Rate Resolution shall (1) establish the rate of assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal Year with such adjustments as the CITY COUNCIL deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate Resolution, together with modifications, if any, that are provided and confirmed in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (D) Nothing herein shall preclude the CITY COUNCIL from providing annual notification to all Owners of Assessed Property in the manner provided in either or both Sections 2.04 or 2.05 hereof. (E) The CITY COUNCIL may establish or increase a Maximum Assessment Rate in an Initial Assessment Resolution or Preliminary Rate Resolution and confirm such Maximum Assessment Rate in the event notice of such Maximum Rate Assessment has been included in the notices required by Section 2.04 and 2.05 hereof. (F) In the event (1) the proposed Solid Waste Assessment for any Fiscal Year exceeds the rates of assessment adopted by the CITY COUNCIL including a Maximum Assessment Rate, if any, that were listed in the notices previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (2) the purpose for which 11 the Solid Waste Assessment is imposed or the use of the revenue from the Solid Waste Assessment is substantially changed from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (3) Assessed Property is reclassified or the method of apportionment is revised or altered resulting in an increased Solid waste Assessment from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, or (4) an Assessment Roll contains Assessed Property that was not included on the Assessment Roll approved for the prior Fiscal Year, notice shall be provided by publication and first class mail to the Owners of such Assessed Property as provided by law. Such notice shall substantially conform with the notice requirements set forth in Sections 2.04 and 2.05 hereof and inform the Owner of the date, time, and place for the adoption of the Annual Rate Resolution. The failure of the Owner to receive such notice due to mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL pursuant to this Ordinance. (G) As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior year's Annual Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the SOLID WASTE COLLECTION ASSESSMENTS), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the CITY COUNCIL action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Solid Waste Assessment not challenged within the; required 20-day period for those SOLID WASTE COLLECTION ASSESSMENTS previously imposed against Assessed Property by the 12 inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (H) The Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the SOLID WASTE COLLECTION ASSESSMENTS, such other official as the CITY COUNCIL by resolution shall designate. If the Solid Waste Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. SECTION 2.09. LIEN OF SOLID WASTE COLLECTION ASSESSMENTS. Upon the adoption of the Assessment Roll, all SOLID WASTE COLLECTION ASSESSMENTS shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all State, City, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for a Solid Waste Assessment shall be deemed perfected upon the CITY COUNCIL's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable. The lien for a Solid Waste Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax Roll. The lien for a Solid Waste Assessment collected under the alternative method of collection provided in Section 3.02 shall be deemed perfected upon the CITY COUNCIL's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. SECTION 2.10. REVISIONS TO SOLID WASTE COLLECTION ASSESSMENTS. If any Solid Waste Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the CITY COUNCIL is satisfied that any such Solid Waste Assessment is 13 so irregular or defective that the same cannot be enforced or collected, or if the CITY COUNCIL has failed to include or omitted any property on the Assessment Roll which property should have been so included, the CITY COUNCIL may take all necessary steps to impose a new Solid Waste Assessment against any property benefitted by the Solid waste Assessed Costs, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Solid Waste Assessment is annulled, vacated, or set aside, the CITY COUNCIL may obtain and impose other SOLID WASTE COLLECTION ASSESSMENTS until a valid Solid Waste Assessment is imposed. SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Solid Waste Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Solid Waste Assessment as finally approved shall be competent and sufficient evidence that such Solid Waste Assessment was duly levied, that the Solid Waste Assessment was duly made and adopted, and that all other proceedings adequate to such Solid Waste Assessment were duly had, taken, and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Property Appraiser, Tax Collector, City Administrator, CITY COUNCIL, or their deputies or employees, shall operate to release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL under the provision of this Ordinance. (g) When it shall appear that any Solid Waste Assessment should have been imposed under this Ordinance against a parcel of property specially benefitted by the provision of solid waste services, facilities, or programs, butthat such property was omitted from the Assessment Roll; or such property was erroneously assessed; or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year, 14 the CITY COUNCIL may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 2.05, impose the applicable Solid waste Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Solid waste Assessment due for the prior two Fiscal Years. Such Solid waste Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, city, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Article III hereof, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or corrected assessments. (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the City Administrator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to a Solid Waste Assessment, to reclassify property based upon presentation of competent and substantial evidence, and correct any error in applying the Solid Waste Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the Solid Waste Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the City Administrator and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the City Administrator. 15 SECTION 2.13. INTERIM ASSESSMENTS. (A) An interim Fire Services Assessment shall be imposed against all property for which a Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) is issued after the adoption of the Annual Rate Resolution. The amount of the interim Fire Services Assessment shall be calculated upon a monthly rate, which shall be one -twelfth of the annual rate for such property computed in accordance with the Annual Rate Resolution for the Fiscal Year for which the interim Fire Services Assessment is being imposed. Such monthly rate shall be imposed for each full calendar month remaining in the Fiscal Year. In addition to the monthly rate, the interim Fire Services Assessment shall also include an estimate of the subsequent Fiscal Year's Fire Services Assessment. Issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) by mistake or inadvertence, and without the payment in full of the interim Fire Services Assessments shall not relieve the Owner of such property of the obligation of full payment. Any interim Fire Services Assessment not collected prior to the issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) may be collected pursuant to the Uniform Assessment Collection Act as provided in Section 3.01 of this Ordinance, under the alternative collection method provided in Section 3.02 or by any other method authorized by law. Any interim Fire Services Assessment shall be deemed due and payable on the date the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all State, City, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL). W. (B) In the event the CITY COUNCIL chooses to collect the interim Solid Waste Collection Assessment at the time a Building Permit is issued, the following procedure shall apply: (1) In the event a Building Permit expires prior to completion of the Building for which it was issued, and the applicant paid the interim Solid Waste Collection Assessment at the time the Building Permit was issued, the applicant may within 90 days of the expiration of the Building Permit apply for a refund of the interim Solid Waste Collection Assessment. Failure to timely apply for a refund of the Solid Waste Collection Assessment shall waive any right to a refund. (2) The application for refund shall be filed with the City's Building Department and contain the following: (a) The name and address of the applicant; (b) The location of the property and the tax parcel identification number for the property which was the subject of the Building Permit; (c) The date the Solid Waste Collection Assessment was paid; (d) A copy of the receipt of payment for the Solid Waste Collection Assessment; and (e) The date the Building Permit was issued and the date of expiration. (3) After verifying that the Building Permit has expired and that the Building has not been completed, the City's Building Department shall refund the interim Solid Waste Collection Assessment paid for such Building. (4) A Building Permit which is subsequently issued for a Building on the same property which was the subject of a refund shall pay the interim Solid Waste Collection Assessment as required by this Section 2.13. SECTION 2.14. (Reserved) ARTICLE III COLLECTION AND USE OF SOLID WASTE COLLECTION ASSESSMENTS 17 SECTION 3.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the CITY COUNCIL, the SOLID WASTE COLLECTION ASSESSMENTS shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act or other provision of law. (B) The amount of a Solid waste Assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefitted property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided, (1) the collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Solid waste Assessment upon certification of a non -ad valorem roll to the Tax Collector by the City. SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the CITY COUNCIL may electto collectthe SOLID WASTE COLLECTION ASSESSMENTS by any other method which is authorized by law or under the alternative collection method provided by this Section: (A) The CITY COUNCIL shall provide Solid Waste Assessment bills by first class mail to the Owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Solid Waste Assessment, (2) a description of the unit of measurement used to determine the amount of the Solid Waste Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Solid Waste Assessment imposed against the parcel for the appropriate period, (5) the location at which payment will be accepted, (6) the date on • which the Solid Waste Assessment is due, and (7) a statement that the Solid Waste Assessment constitutes a lien against Assessed Property equal in rank and dignity with the liens of all State, City, district or municipal taxes and other non -ad valorem assessments. (B) A general notice of the lien resulting from imposition of the SOLID WASTE COLLECTION ASSESSMENTS shall be recorded in the Official Records of Okeechobee County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (C) The CITY COUNCIL shall have the right to foreclose and collect all delinquent SOLID WASTE COLLECTION ASSESSMENTS in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A Solid Waste Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The CITY COUNCIL or its agent shall notify any property owner who is delinquent in payment of his or her Solid Waste Assessment within 60 days from the date such assessment was due. Such notice shall state in effect that the CITY COUNCIL or its agent will either (1) initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent Solid Waste Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the delinquent Solid Waste Assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as any Person. The CITY COUNCIL or its agent may join in one foreclosure action the collection of SOLID WASTE COLLECTION ASSESSMENTS against any or all property assessed in accordance with 19 the provisions hereof. All delinquent Owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the CITY COUNCIL and its agents, including reasonable attorney fees, in collection of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and any other costs incurred by the CITY COUNCIL as a result of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and the same shall be collectible as a part of or in addition to, the costs of the action. (E) In lieu of foreclosure, any delinquent Solid Waste Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the Owner in the manner required by the Uniform Assessment Collection Act and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Solid Waste Assessment is supplanted by the lien resulting from certification of the Assessment Roll, as applicable, to the Tax Collector. (F) Notwithstanding the CITY COUNCIL's use of an alternative method of collection, the City Administrator shall have the same power and authority to correct errors and omissions as provided to him or other City officials in Section 2.12 hereof. (G) Any CITY COUNCIL action required in the collection of SOLID WASTE COLLECTION ASSESSMENTS may be by resolution. SECTION 3.03. GOVERNMENT PROPERTY. (A) in the event SOLID WASTE COLLECTION ASSESSMENTS are imposed against Government Property, the CITY COUNCIL shall provide Solid Waste Assessment bills by first class mail to the Owner of each affected parcel of Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Solid Waste Assessment, (2) a description of the unit of measurement used to determine the amount of the Solid Waste Assessment, (3) the number of units contained within the parcel, (4) the total amount of the parcel's Solid Waste Assessment for the appropriate 20 i period, (5) the location at which payment will be accepted, and (6) the date on which the Solid waste Assessment is due. (B) SOLID WASTE COLLECTION ASSESSMENTS imposed against Government Property shall be due on the same date as all other SOLID WASTE COLLECTION ASSESSMENTS and, if applicable, shall be subject to the same discounts for early payment. (C) A Solid Waste Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The CITY COUNCIL shall notify the Owner of any Government Property that is delinquent in payment of its Solid Waste Assessment within 60 days from the date such assessment was due. Such notice shall state that the CITY COUNCIL will initiate a mandamus or other appropriate judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent Owners of Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and any other costs incurred by the CITY COUNCIL as a result of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, a Solid Waste Assessment imposed against Government Property may be collected as a surcharge on a utility bill provided to such Government Property in periodic installments with a remedy of a mandamus action in the event of non-payment. The CITY COUNCIL may contract for such billing services with any utility, whether or not such utility is owned by the City. 21 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY. This Ordinance and the CITY COUNCIL's authority to impose assessments pursuant hereto shall be applicable throughout the incorporated area of the City. SECTION 4.02. ALTERNATIVE METHOD. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof. (g) Nothing herein shall preclude the CITY COUNCIL from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the City, (2) any notice required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act. SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 4.04. EFFECTIVE DATE, The Clerk shall file a certified copy of this Ordinance with the Department of State within ten days of its adoption. This Ordinance shall take effect immediately upon its filing with the Department of State. 22 INTRODUCED for first reading and set for final public hearing this 661h day of November, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 41h day of December, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 23 James E. Kirk, Mayor CJ EXHIBIT 3 DECEMBER 4 AGENDA ORDINANCE NO. 785 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. 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 of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; 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. 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. 01-005-SSA, from Commercial to Residential Multi -Family: Lots 25 and 26, Block 200, OKEECHOBEE, according to the Plat there of as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Page 1 of 2 4 46 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). 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. 785 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4t' day of December, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Adopted after first reading on the 4 h day of December, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor a CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION PAGE 1 OF 2 11 AGENDA III ACTION - DISCUSSION - VOTE II 9 I. CALL TO ORDER: - Chairperson. Land Planning Agency, November 27, 2001, 7:00 p.m 11. 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 111. MINUTES - Secretary. Chairman Walker called the November 27, 2001 Land Planning Agency Meeting to order at 7:00 p.m. Secretary Castorina called the roll: Present Present Present Present Present Present Present Absent (without consent) Present Absent Present A. Motion to dispense with the reading and approve the Member Mueller moved to dispense with the reading and approve the Summary of Agency Action Summary of Agency Action for the August 28, 2001 and for the August 28, 2001 and September 25, 2001 meetings; seconded by Member Keller. September 25, 2001 meetings. Walker- Yes Hoover- Yes Ledferd- Yes Mavroides - Yes McCoy- Yes Keller- Yes Mueller- Yes MOTION CARRIED. NOVEMBER 27, 2001 - LAND PLANNING AGENCY - PAGE 2 OF 2 AGENDA I I ACTION -DISCUSSION -VOTE. � IV. NEW BUSINESS. A. Consider Comprehensive Plan Map Amendment Mohsen Salehi, City Planning Consultant addressed the Agency asking if anyone had any Application 01-005-SSA, Consider a recommendation to questions. Betty Wilson asked the agency what was going in there. Elbert Batton, Agent, stated City Council, to change the land use designation from Apartments. Ms Wilson asked if there was enough parking. Mr. Batton stated yes there will be off Heavy Commercial to Multi Family at 110 Southwest 91h street parking and it meets the set backs. Avenue (Legal: Lots 25 and 26 of block 200, City of Okeechobee Subdivision). The property owners are The property zoning is Heavy Commercial and designated as Heavy Commercial on the Future Jimmy and Sheryl Byrd. The Applicant/agent is Lake Land Use Map. In order for the property owner to develop the property for Apartments a Future • View Builders, Inc. City Planning Consultant (Exhibit 1.) 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. 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 testimonv 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: Member Mueller moved Application No. 01-005 SSA is in compliance with the Comprehensive Plan and recommend approval to the City Council; seconded by Member Keller. Walker- Yes Hoover- Yes Ledferd - Yes Mavroides - Yes McCoy- Yes Keller- Yes Mueller- Yes MOTION CARRIED There being no further items on the agenda, the meeting was adjourned at 7:07 P.M. Beatrice Castorina, Secretary Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: Small Scale Amendment (Under 10 Acres) ❑Large Scale Amendment (Over 10 Acres) Name of Property Owner 77tm rytq L. BU I' d and Si�et� � off • gq ira Mailing Address o03 ws ram' K am+ cAef kbbu l F- ✓` t7 /Z/ Home Telephone Work Telephone (62) 9 U 3 — cc coo Name of Applicant, *If other than owner,(r2tensQ EI{w+ R. [ Yi..f 6 I LAe Mitt) & 1aetS,ZW. Applicant Mailing Address A00 nu) 64, &• U1w-JlobC{ . � 7- 3q'q�o� Home Telephone Work Telephone ,1/1(03 - 30 10 Property Address/Location 1/0 SOe%111� - � Zehobl e-, VC4174 Property Parcel Number 0- 15 - 39 - 55 - 001 0 -0a000 - Current Zoning Designation ltCuq U+1t1' rnta d Current Future Land Use Designation L m.mero'd Existing Use of the property Vu-(--"a Proposed Future Land Use Designation R m F Proposed Use of the Property Lua ��� Size of Property (in acres) 113 aeft l� (3bOQ �;O p _ r Description of Surrounding Properties �0�+k7 5�kl WIST - f1Qsl �w �a,J - (-.0 m rnt ir-c; d Legal Description of Property (Lengthy Description May Be Attached) Lgo+ aS oaj �Le I R)1or-K �06 , L'r �-ca b� UtecAabee Required Attachments: • Survey of Property (11" x 14", 20" Scale) • Application Fee $500.00 • Letter Outlining Request • City Location map • *Notarized Letter of Owner's Authorization LA VIEW 3U1 ERS, INC. CBC008329 State Certified Building Contractors October 8, 2001 City of Okeechobee Application for Rezoning Jimmy L. Byrd and Sheryl S. Byrd Lots 25 and 26, City of Okeechobee ELBERT R. BATTON TED KELCHNER Re: 1.) Applicants statement of interest in property; 2.) Notarized letter of consent from property owner, 3.) Affidavit attesting to completeness and correctness of list; 4.) Statement of special reasons and basis for the request, 5.) Intended use, nature of activities and development of property; 6.) Existing use of surrounding property. To Whom It May Concern: Please find following the above mentioned. 1.) The applicant, Elbert R. Batton/Lake View Builders, Inc. are acting as agent for the owner. We are the building contractor. 2.) The owner, Jimmy L. Byrd and Sheryl S. Byrd, hereby give consent for the agent, Elbert R. Batton/Lake View Builders, Inc. to apply for or request any and all information for building purposes on the above mentioned. 3.) To the best of our knowledge, the list is prepared complete and correct. 4.) Basis for this application is the owners interest in building a triplex apartment unit. 200 N.W. 5th Street • Okeechobee, Florida 34972 (863) 763-3100 • Fax: (863) 7634455 • • LAKE VIEW BUILDERS, INC. CBC008329 State Certified Building Contractors ELBERT R. BATTON TED KELCHNER S.) The intended use for this property is a triplex apartment unit for rental. 6.) The existing use of the surrounding property is mostly residential, with one area of commercial. Should you have any questions or need anything further, please feel free to contact our office. State of FIQvj Q1- Respectfully, Elbert R. Batton Agentfor Owner State of � trt County of On this — day of before me personally a peered J�Mrmy L. Ira to me known to bet person who executed the foregoing instru nd ackn le ad that he executed the sot free C< a SEAL (signed) Notary Public County of On this day of Q5-+Qb& 1 01 before iW+orJ 'Y .a to me known to be the rson w executed the foregoing instrume an ack w ged that he executed the sam fry act dee . SEAL (signed) NQt�IrK Public 'IYU LORI CHOATE ' MY COMMISSION # CC 780770 Qf N EXPIRES: 12/27R002 1-800-3-NOTARY Fla. Notary Services R. Bonding Co. S: Sheryl S. Byrd Owner State of t' (or l L Countyof 061�che On this —4 day of I .0 'tdU& - 61W I before mee on Ily app re fC�. S. u to me known toAbson who executed the foregoing instruackn gedthat he executed the saree ct SEAL (signed) < Notary Public 11-800-3-NOTARY LORICHOATEMY COMMISSION # 20 780770 N.W. 5th Street a Okeechobee, Florida 34972 Qf�, EXPIRES:12272002 Fla. Notary Services R Bonding Co. (863) 763-3100 9 Fax: (863) 763-4455 PYU, LORI CHOATE rt MY COMMISSION # CC780770 :r 12J27/2002 •'-.�i'C •.., EXPIRES: _ A M. 'Co I.goo.3-NOTARY Fla, Notary Services k Bonding 10/08/2001 09:11 18637630229 JOFN E 3LRDESHAW PAGE 01 RE►URIt Toy M the attmould 01 Dact►rt>enh►tY sbtaPs P� _ HIB INSTIMIMENT PREPAREDBY AND RETURN TO $ ,oc kftr4 T'. P y qn fttz. mou G_rt a laeeOhessasbr7Ma1.s (As r91- —' — — sns N.LMY Bows Sltefon llC6pfftm, Ctt '11 if l ,1f.utt Court okwhob6 Natds 17"2 040000ID9a 1*. Pkzt.tl property Appraisers Parcel ldc ntificatien (Patio) Numbers: l-es-)7-Is ore ttt a200042so D.C. Chaotan SS Ms: 26644-1202 le.4 .00 SPACE AppYl; tiiB LINE l0t aSC0RDiNO DATA was - t7a�, 6,pd rule WAs LAILN Y oats, merle the Zed day of oetsbar, 2601 by Evelya 148496 Frady, a $ SO& waaasa, heroin ,called the pvR tw. to ]lmsey L. " and Meryl & Byrd, kh nllb whose lost *Oka address is so 9W Park Sirmt, Oioeeekohea, FL 34974, hereinafter called the Grankcr. ()VlerFWW urad Amnia am fasat gnsnraw and Sroewe tnehde aR the p°wp to this butrunam and the heir; 14d rgMVVatlreaendadVw Qfbldrwt"s: w&,hesraesrvs asda tOw aftwpwarfam) W 1 T N C SS ET H: That the grantor, for end in considanHon of the som of TEN AND 001100'S (S 10.00) EW18" and other valuable coesidersdone, receipt whereof is hereby selmawledged, bwcby grants, bergalns, Sella, allans, t,nmisea, ralaaa, conveys sa►d conforms unto the groxee all that eertein land s =tor in OKERCHOBEE County, State of Florida, via: Ica2S & 26, Black 200, CITY OF OKEECHOBEE, aboer 9 to the Piet thereof eeeacded in Plat gook 5, Page 5 of the public raaorda of 0keectwbee County, Florida. TOCETMR. Wdh aU the kmements, hereditaments and appurtenances dterefo balcegkg Of 10 .lywiae appe[taWog- TO HAVE AND TO kWLD, the same in fee simple forever. AND, the grantor hereby covenants with said gteatese that the grsator is Iawuly seized of said land In fee limPle; thal the gstantar has good r4 tt and Inviial sudwtity to sell and convey said land, wad hereby vmff tts the tide to said land antat d will defend the same aganthe law" claims otall pesyaro whaosoever, end that acid Ltd is five of all anatmbnm4^ swept rasa raoi<ng subeesmsit to Deoeatber 11, 2000. IN WITNESS WHEREOF, the said grantor htw signed and sealed tune presema the day and year feat above written. Signed, sealed and do ivaesd in the prmenee of £. —LX-_ W RI Sigtestue Itnas 11 Primed Nam W ass N2 siffiffili JaTA rNv % M'Y'14 Nf I` Witness 82 Pmtod Name STATE OF FLORIDA COUNTY OF OKBbCHOBEC w auine Fsedy M ew Pot Sk. d, Ok"clsobsa PI yagta M SW Part Sbwk Cieeechsbea FL 34974 The foregoing instrument was Wmowledged before me this 2nd day of October, 2001 by Evelyn Maxine Frady who Is personally knows to me or has produced as Idmlidcailm. FRAMW WAT/CRD SEAL Notary htmm, mu of Fta O W eoaun. sqw xry 2, 20Do V Con>,tt. No, OD OBeM �-u- 6iic Riwtd Nvury Noun Fie Ne.:rl-1a1a FILL-D FOR RECORD OKF:FCIit:'r I 358683 20QInrT-2 PV '7 SHARON ROF7P.TSON "I ERK OF CIRCII,l COUF' -E] L i 1-21 --------------------- ------- --- --- -------- -- --------_____________ 2 - ------------ --- -tea r 0 0 N m >1 % ti 4ET 0 00 ----- ----- T-' TT F---- iv, nA 0.0 �T _T i j T : ,, I'I CD ------ QW) 0) (D . L ------- MI L ----------- RiJ7 )KEECTIOSEE UTILITY AUTHORITY III WAb i rwA I an iN FORCE MASYSTEM PLAN VIEW �- IKIII'mew GLRVEYOR 110TEC I. Bearin�s shown are relative assuming N90'00 00'E along Centerline S.N.2nd. 2. This survey Is based on Informatl on provided by the customer/agent and no search was Bade of public records by this office to verify or deny owners. easements.or right -of ways. 3. No vislnl, or underground Improvement has been Located except as shown. 4. This survey Is not valid without the signature and the OrlyfinaI raised seal of a Florida Licensed Surveyor and Mapper. S. According to FIRM map dated 2/04/1981 panel a 120177 02008, parcel Iles In Not Included Area of City Limits, Flood Zone C, per Okeechobee County Planning S Zoning Oepartment. 6. There may be additional restrictions that are not recorded on this survey that may be found In the Public Records. 50 25 0 50 SCALE : AS SHOWN GLIZVEY OP. LOTS 25 S 26, BLOCK 200, OKEECHOBEE, according to the plat thereof as record- ed In Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. I I I 35.00' �ABF In Cane TYP I UL LZ-G" INHERE APPLICABLE -SEE DRAWING) PRN-PERMANENT REFERENCE MONUMENT PCP -PERMANENT CONTROL POINT CMF-CONCRETE MONUMENT FOUND 6OlJTH PARK 6TFMET I ^ CMS-CDNCRETE NDNUENT SET RBF-REBAR FOUNT 70'R/W - ASPHALT R BBS-REBAR SET K/Cap No.S17B IPF-IRON PIPE FOUND W - POL-POINT-ON-LINE FPLORIDATPOMERLg6HTICO. (F)-FIELD MEASURE (DI -AS PER PLAT W , (C)-CALC.DISTANCE (DI -AS PER DEED z S/T-SEPTIC TANK MH -MANHOLE FC -FENCE CORNER PP -POWER POLE O CMP-CORRIIG.MET.PIPE TUB -TOP OF BANK I 3I o RCP-REINF. CONC. PIPE CB -CATCH BASIN I —OVEiND. LIVE MN -WATER METER ��,,tt $$$bbb222 —rc— FENCE LIME UG -UNDERGROUND Ld I I I I RNo. 59aP�}--��r-- — — — — 15' ALLEY I S89'59'43'E 570.06'(F) 570'(P) W I_ �Ia I LOT Id O �io Io t91"^ y — — N90_00' 00' E 569.9710 (C) 570' (P) — — I a 1= NAIL I'd.w/ 18 Disc No. 4449 L35�01'[CP) fie. W. 2W 6TREET TU6CAL000A GTREET f P ) c! I 70'R/N - ASPHALT NAIL Fd.w/ — Olsc No.5402 I � I I a LOT 2 1 LOT I REGI0E10E . RBS pp I m N89'59'43'W IOU 01'(F) 100'(P) LOT 24 WOT 25 LOT 26 1 aI VACAr1T V ACAIiT IIrI H H J I i N90' OO' GO' E I iOO. OO' (F, P) EDGE PAVErEM N90'OO'OO'E (ASSUMED) 739.94'(F) 740'(P) --4AIL Fd. w/ 01sc No.5178 11n u • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 Staff Report- SmallScale Land Use Amendment From Commercial to Residential Multi Family Petition No. 01-005-SSA Prepared for • The City of Okeechobee Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Jimmy L. Byrd and Sheryl S. Byrd, Owners Elbert R. Batton, Agent 200 NW 5`" Street Okeechobee, Florida Legal Description of Subject Property: Elbert Batton, Agent Petition No. 01-005-SSA Lots 25 and 26, Block 200, OKEECHOBEE, according to the Plat there of as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Item before the City Council and the Land Planning Agency: The matter for consideration by the Land Planning Agency and City Council is an application for an amendment to the City of Okeechobee Future Land Use Map (FLUM), previously adopted by this Council in conjunction with the adoption of the Comprehensive Plan. This application qualifies under Florida Statutes 163 as a "Small -Scale Amendment' to the Plan. The subject property is approximately 0.299 acre(s). The applicant intends to develop the property as a triplex. This development will have public utilities. Adjoining property uses are as follows: North: Residential South: Residential East: Commercial West: Residential Application Description: The property has a zoning classification of Heavy Commercial and is designated Commercial on the Future Land Use Map (FLUM). The applicant proposes to amend the Future Land Use Map from Commercial to Residential Multi -Family as a land use designation on the property. This request, by itself, would not provide consistency with existing zoning. However, the applicant is also requesting to amend the Official Zoning Map. Both these requests would be consistent with existing land uses in the area. With the requested use, if granted, there would be consistent with the zoning which would allow for the operation of the property as a triplex. The Land Planning Agency and the City Council are required to address certain areas in conjunction with the Comprehensive Plan, which may be categorized as follows: • • Staff Report Elbert Batton, Agent Small -Scale Comprehensive Plan Amendment Petition No. 01-005-SSA A. Consistency with the Land Use Categories and Plan Policies. The proposed use is consistent with the amendment. Changing the property to multi- family remains consistent with the Comprehensive Plan and general planning principles by providing reduction in intensity moving away from NW Park Avenue. B. Concurrency of Adequate Public Facilities. The size of the property does not lend itself to a sizable development which would have a negative impact upon the City. Furthermore, the applicant's proposed triplex would place minimal impact on public services. C. Compatibility with Adjacent and Nearby Land Uses. As stated before, abutting property on the north, south and west are residential with commercial land uses on the east. The proposed location will be compatible with these uses. D. Compliance with the Specific Standards of the Plan. The amendment will be consistent with all Goals, Objectives, and Policies pertaining to allowable uses, concurrency and all other applicable standards. This application and its appearance before the Land Planning Agency and the City Council 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. Assessments and Conclusions: 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 City Council, find the application to be consistent with the Comprehensive Plan. Submitted by: James G. LaRue, AICP Planning Consultant 11/16/01 • EXHIBIT 4— DECEMBER 4 AGENDA ORDINANCE NO. 786 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.299 acre(s) from Heavy Commercial (CHV) Zoning District to Residential Multi -Family (RMF) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots 25 and 26, Block 200, OKEECHOBEE, according to the Plat there of as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) Zoning District to Residential Multi -Family (RMF) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 1 of 2 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4h of December, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151h day of January, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE PLANNING BOARD MEETING SUMMARY OF BOARD ACTION Page 1 of 2 AGENDA ACTION - DISCUSSION - VOTE I. CALL TO ORDER: Planning Board, of November 27, 2001, 7.15 p.m. Chairperson Walker called the November 27, 2001, Planning Board Meeting to order at 7.15 Chairperson. p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary Secretary Castorina called the roll: Chairman Jerry Walker Present Board Member Dawn Hoover Present Board Member Thomas Keller Present Board Member William Ledferd Present Board Member Christopher Mavroides Present Board Member Douglas McCoy Present Board Member Frank Mueller Present Alternate Daniel Creech Absent (without consent) Alternate Sandra Jones Present Attorney John R. Cook Absent Secretary Beatrice Castorina Present • I11. MINUTES. Secretary A. Motion to dispense with the reading and approve the Summary of Member Mueller moved to dispense with the reading and approve the July 9, 2001 Special Board Action for the Special Meeting of July 9, 2001. Meeting Summary of Board Action; seconded by Member McCoy. Walker - Yes Hoover - Yes Keller - Yes Ledferd - Yes Mavroides - Yes McCoy - Yes r Mueller - Yes MOTION CARRIED. November 27 2001- Planning Board - Page 2 of 2 I AGENDA III ACTION - DISCUSSION - VOTE II • IV. NEW BUSINESS. A. Consider Petition No.00-005-R Owners Jimmy and Sheryl; Applicant Elbert Batton, request to re zone Lot 25 and 26, Block 200, City of Okeechobee from Heavy Commercial (CHV) to, Multi Family (RMF). Planning Consultant (Exhibit 1) V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND Be ADVISED that if a person decides to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record ofthe proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. Jerry Walker, Chairperson ATTEST: Beatrice Castorina, Secretary Petition No. 01-005 R by Owner Jimmy and Sheryl Byrd Applicant Elbert Batton. The request is to re zone Lots 25 and 26, Block 200, City of Okeechobee, which is approximately 1 third of an acre from Heavy Commercial (CHV) to Multi Family (RMF). The address of the property is 110 SW 91h Avenue. There were no questions or comments from the Board members or the Public. Board Member Mueller moved Re zoning Petition No. 01-005-R will be consistent with the Comprehensive Plan upon approval of the Future Land Use Map Amendment Petition No. 01-005- SSA by the City Council; therefore the Planning Board recommend the City Council approve the recommendation of the Staff Report as presented; second by Board Member Keller. Walker - Yes Hoover - Yes Keller - Yes Ledferd -Yes Mavroides - Yes McCoy - Yes Mueller - Yes MOTION CARRIED. There being no further items on the agenda, meeting adjourned at 7:17 P.M. CITY OF OKEECHOBEE Ue`O Petition No. General Services Department C_ /4 ��55 SE Third Avenue Notices Mailed:Okeechobee, FL 34974 Phone: 941-763-3372 2nd Hearing: FAX:941-763-1686 Uniform Land Use Application (Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information. z Name of roe owner(s): PYL f' Y� � d' °5' rd Nape address: Sb3 LIDS Q�.� !C LAeec � 3q`1- 3�R aPro a address: I O �J '� Name of applicant, if other than owner (state retationshL�): E-i LJ Ioo PLEASE ATTACH LEGAL DESCRIPTION LOCATION MAP" for required additional information. See Resolution No. 98-10:2 "PROPERTY SURVEY AND Future Land Use Map designation: Curretka" nt Zoning Classification: Approximate acreage or square feet: Q Part of platted subdivision? Q f U Type and gross area of any existing non-residential uses on site: etc.), gross area of any existing dwelling(s) on site: Number and type (conventional, manufactured home, �p Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: F V-Ncr] �7c++` Is there a current or recent use of the property that is/was a violation of City Ordinance? es ° 0 C If yes, please describ Have there been any land use applications concerning all or part of this property in the last year? YesNo If yes, indicate date, nature, and applicant's name: N IA Briefly describe use of adjoining property. (� North: Q`� East: South:.11 1 West: Check type of application, complete appropriate sections, and sign reverse side of application. See Resolution 98-10:4 "STATEMENT OF USE" for required additional information. Proposed Zoning Classification: F W If granted, will the proposed zoning classification be contiguous with a like zone? p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY � IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information ^ (Over) r Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN' for required additional Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number. See Resolution 98-10:10 "PUBLIC FACILITY WPACT ANALYSIS" for required additional information. Supplementary supporting information: How the intended use meets the standards in the Unified Land Development Code §253-2: Demonstrate that the proposed location and site is appropriate for the use: Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood: Demonstrate any landscaping techniques to visually screen the use from adjacent uses. Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the im ace of traffic generated will be handled off -site and on -site: Describe the Variance sought: Supplemental supporting information: Demonstrate that the variance is needed to overcome a hardship caused by the unique U physical conditions of the site: Specify the minimum variance requirement including: height, lot area, size of structure, > size of yard, setback, buffer or open s ace: Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, II and written copy of decision: .: Reasons for d S of decision: information: CONFIRMATION OF INFORMATION ACCURACY I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars ($500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application. 6 4o {pert( Date Rev: 1 I/98 • • LA E VIEW BUI ERS, INC. CBC008329 October 8, 2001 State Certified Building Contractors City of Okeechobee Application for Rezoning Jimmy L. Byrd and Sheryl S. Byrd Lots 25 and 26, City of Okeechobee ELBERT R. BATTON TED KELCHNER Re: 1.) Applicants statement of interest in property; 2.) Notarized letter of consent from property owner; 3.) Affidavit attesting to completeness and correctness of list; 4.) Statement of special reasons and basis for the request; 5.) Intended use, nature of activities and development of property; 6.) Existing use of surrounding property. To Whom It May Concern: Please find following the above mentioned. 1.) The applicant, Elbert R. Batton/Lake View Builders, Inc. are acting as agent for the owner. We are the building contractor. 2.) The owner, Jimmy L. Byrd and Sheryl S. Byrd, hereby give consent for the agent, Elbert R. Batton/Lake View Builders, Inc. to apply for or request any and all information for building purposes on the above mentioned. 3.) To the best of our knowledge, the list is prepared complete and correct. 4.) Basis for this application is the owners interest in building a triplex apartment unit. 200 N.W. 5th Street • Okeechobee, Florida 34972 (863) 763-3100 • Fax: (863) 7634455 LAKE VIEW BUI ERS, INC. CBC008329 State Certified Building Contractors ELBERT R. BATTON TED KELCHNER 5.) The intended use for this propery is a triplex apartment unit for rental. 6.) The existing use of the surrounding property is mostly residential, with one area of commercial. Should you have our office. Respec fully, Elbert R. Batton Agent for Owner any questions or need anything further, please feel free to contact State of Vt County of On this — day of before me personally a peered 7... ryerA L. } I_Ira to me known to be person who executed the foregoing instru nd ackn le ed that he executed the sa free ct a SEAL (signed) Notary Public iYy LORI CHOATE +' MY COMMISSION NCC78077D 00 N.W. 5th Street • EXPIRES:12272002 (863) 763-3100 • I-800.3•NOTARY Oft Fla Notary Services & Bonding Co. State of F County of On this _ — day of -Lk*0k)er before me persorrly&C red (: Iber+ Z' tome known to be the rson w executed the foregoing instrume an ack w ged that he executed the sam fre act dee SEAL (signed) Ngtary. Public ------ NOR No"fto" %00 %,~N up Wow" ,>�iPYO LORI CHOATE PO ' `- ` MY COMMISSION ;r CC 780770 10 l71. I EXPIRES:12/272002 I.800-3-NOTARY Fla. Notary Services & Bonding Co. S. Sheryl S. Byrd Owner State of R or I L County of C hA f On this =` des of __ _ _ __ W . arv) t before m arson Ily app re �,1 u C to me known to a th arson who executed the foregoing instru d ackn ged that he executed the sa free 2t 2didnad- Notary Public Klal HOATEOkeechobee, Florida 34972ION +� ��: 12272002Fax: (863) 763-4455 ervtca & Bonding Co. S. SYR0 //O sui 9 t� AvE oK&--rc voetE fL 3y97t R-3-/5-37-3S-o0/O-O,�DOO -oZSO L. low • c , ry s rw rrt LoT ?d I I Lo7.t o ' K `M 1 1 I I H III I I � I i P4opasca WI E1M t OF ROOD � I �� �. w � iroST•fBdT zo -10 mac. ty�'E ✓lE�✓ 13u/,L 0in /iy/C, ,Zoo Nw-'d -sT oe�'�'lh�.QL'� Ft Iu/d8i2001 05:11 18637630229 JOHJ E BLRDESHAW PARE 01 RETURN TO �j pactltrrar►lzry SUM" PW iA the amDtttlt of TINS INS' LWE NT PREPARED BY AND RETURN T0: $ , OC C4en lnhr4tlbTtu. W..J'n trlBemolit►t Lake 0knobotreT111%Im R I!:}I (�tCJlt Ctlllft sW N.B.4dl Shea ' Uke"hobek Fft a 37941 FlQn.t i property Appraises Parcel identification (Folio) Nownban: 3-11•37-ISJN1%42M423e Otanteas SS 0s: 26644-1202 sill R- 4.0 4 aPACF, ADOYE IMS LTHE /OD MKORD(W VAT . Deb.. C UOC. S(,.Op Tits WASSANW eau, made the 2nd day of Oebsbar, 2001 by Evelyn Maxim FradYt a eirgle wesnao,basin called the grantor, to 3lsary L Byrd and Sheryl S Byrd, bin wBb whore post oaae addrma in W SW Park Street, Okeeri obas, FL 34974, hreilallsr celled the Cksu fade d! !M prsriea to rJdt begruMeenr and IAr hobs fend (]VAe evdr amd Annie A' rarmwr aN"1W' oral 9wr" rdpreaV"0#ves mad dasfgnr O'VXffeldrds, sd the aeloe-fePJ dAde"kM ajc-P ►red—) W 1 T N E S S E T A: That the gwltor, for and In considoatlon of the mm of TEN AND 00/ 100"S (S 10.00) Dollars and other valuable aonsldaationa, receipt rber of is hereby admowled84 hereby sra ts. beagalne, seib, spans, remisos, raleaaee, conveys and cmxafrms unto the grrantea tell that oatait land siren's in OIFBCMBEE County, Store of Plorida, via: lots 25 k 26, Bin& 200, CM OF OKEECH013M Wording 10 the Plat thereof recorded in Plat Book 5, Page 5 afthe public reoarda ofOkeschobee County. Florida. TOGETHER, with au the tenements, herediWn nts and appurtenances thereto helc8*9 Or to anYwise appestainiog. TO HAVE AM TO WLD41ho same in fee ample forever. AND, the granter hereby eovemts with said graefeas that the grantor is k*11d1y seised of aid lattd In fee simple; that the grantor has good right and lavrfkl a Wwdty to sell and convey said lard, noel hereby warrants the title to said Lod and will defend the sane against the ]awful claims o[aU persons whomsoever; and that said land is free of all enntmbraaces, except taxes aetrueng a"e quart to Deaeabw -11, 2000. IN WITNESS WHEREOF, the said grantor has signed and "ad doe prescw* the day end year feat above written. Signed, seadod and delivered in the presence of: r E- o r * W Rl Sigrnhre ve she F". Y r � �. 8. -,era Z= S "-t+)1 von nw Hrk Sbw 4 aaoeeobse. FL yagrl ViftoasaRI Printed Nam wfocas tit Si 7m SW Puk SkaK Cksea6eber. FL 3e974 Wilmer #2 PrintedName STATZ OF FLORIDA COUNfY OF OKEECHOBBC The f6segoing insh m, ad was w1moaledged before me this 2nd day of 0dober, 2001 by Evelyn Maxim Frady vvho Is personally known to me or has produced as Identification. SEAL rwluaty YMT/DRD Mabry Pabm. throe of taaeda fly neaten. M03 _, _� ��,f/ coMAt Noo.. t70 o 030645 die Rived Worry Now Fie Ns.:e1-lela FILED FOR RECORD OKF.'.F,CIi;" i k.nUFtT", Fl. 358683 200► nr-r -7 P f r 7: "7 SHARON koErp i 5{]r•, ''I ERK OF CIRCIli1 COlip' - ----- ---- C L n. o ---------------- - —JA: --- lilt "o CT) Lo (-4 '10 —IT q JI T--T 4t T 11 ! L -- -- ---- ----------------- --------- ------- ---- - ----------- 7-- ------ rl L A 0.1 II c I l � i i —A QW) --j r- ID 3, -------- 9y to �4 'TIO ATEfFC(5[LE6TION/ EECI _M FORCE MAIN SYSTEM K 1 1. ... — PLAN VIEW QJZVEYCR r10TEC I. Bearings shown are relatve assuming N90'00 Oo'E along Centerilne S.N.2nd. 2. This survey Is based on Information provided by the customer/agent and no search was made of public records by this Office to verify or deny oNners, easements,or right -of ways. 3. No v1Ulbie or underground Improvement nos been Iodated except as shown. 4. This survey Is not valid without the signature and the on Inal raised seal of a Florida Licensed Surveyor and Mapper. 5. According to FIRM map dated 2/04/1981 panel - 120177 D2008, parcel Iles In Not Included Area of City Limits, Flood Zone C, per Okeechobee County Planning C Zoning Department. 6. There may he additional restrictions that are not recorded on this survey that may he found In the Public Records. 50 25 0 50 im— SCALE : AS SHOWN LOTS 25 C 26. BLOCK 2DO. OKEECH0BEE, according to the plat thereof as record- ed In Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. TYF'1 CAL L.EGff V 'll (WHERE APPLICABLE -SEE DRAWING) PRN-PERMANENT REFERENCE MONUMENT PCP -PERMANENT CONTROL POINT CMF-CONCRETE MONUMENT FOUR CKS-CONCRETE KONU ENT SET RBF-R®AR FWN7 ABS-REBAR SET w/CaP No.5178 IPF-IRON PIPE FOUR POL-POINT-ON-LIME UTS-UNITED TELEPHONE SERVICE FPL-FLORIDA POWER C LIGHT CO. [FI-FIELD MEASURE (P)-AS PER PLAT ( Cl-CALC.DISTANCE ID) -AS PER DEED SIT -SEPTIC TANK MH -MANHOLE FC -FENCE COINER PP -POWER POLE CIF-CDRRUG. MET. P I PE TOO -TOP OF BANK RCP-REIHF.CONC.PIPE CB -CATCH BASIN OVUM LIVE WM -WATER METER --x— FENCE LINE UG -UNDERGROUND I I ( I 35.00' I — — — — f ( C. P) + RBF In Canc— _ GCU11- PARK 6TREE7 I 70'A/W - ASPHALT a " r cI �Tbbb I I " LOT 2 1 LOT I I Im I I REG I DEM1C'= I. m I CD RBF w/Cap — W ALLEY � pBS m m ^_ 1 No. 959 — I m r S89'59'43'E 570.06'(F) 570'(P) N89'59'43'W 100 OI'(F] l00'(P) $ LLI I _ - a 4 d �la 1= I Ay t9 9 4 I` w }- 3 �IJ<J I� LOT 14 LOT 24 LOT 25 LOT 26 J 'aI _ Q I O c I `v CL VACAFIT _ V ACAftT W � 0 o a5 -7 lP 3N1 � o c w I tJTy N90.00'00•E 569.97(0 570'(P) N90'00'00'E 100.00'(F.P) LIT6 y Res I NAIL Fd. w/ $ o c W DISC N0. 4449 35. 00' (C, PI Imo_ — Q W. 2i'b CTREET — — _— — EAGE PAVEM EM — — _.� 1L TUGC-ALOOGA GTREET [P ) N90' 00' 00' E ( ASSUMED) 739. 94' (Fl 740' (P) _/ P NAIL Fd. w/ 70'q/N - ASPHALT Olsc No.5178 NAIL Fd. w/ - — DISC No. 5402 77 W N o Li c z 0 • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 Staff Report- Rezoning Request From Heavy Commercial to Residential Multi Family Petition No. 01-005-R Prepared for: The City of Okeechobee • Staff Report Rezonina Petition Jimmy L. Byrd and Sheryl S. Byrd, Owners Elbert R. Batton, Agent 200 NW 5`" Street Okeechobee, Florida Elbert Batton, Agent Petition No. 01-005-R Lots 25 and 26, Block 200, OKEECHOBEE, according to the Plat there of as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. The matter for consideration by the Land Planning Agency and City Council is an application for a change in zoning from Heavy Commercial to Residential Multi -Family. The subject property is approximately 0.299 acre(s). The applicant intends to develop the property as a triplex. This development will have public utilities. Adjoining property uses are as follows: North: Residential South: Residential East: Commercial West: Residential When recommending whether or not to rezone a classification of land, the Planning Board shall consider, where applicable, the following factors: The proposed use is not contrary to Comprehensive Plan requirements. The applicant's request change the zoning to Residential Multi -Family is consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The applicant is requesting to construct a triplex on the property. This use is authorized under the Residential Multi -Family Zoning District of the Unified Land Development Code. The proposed use will not have an adverse effect on the public interest. The proposed use will not have a negative effect on the public interest. The City's need for multi -family housing would positively affect City and the public. Page 1 • Staff Report Rezoning Petition Elbert Batton, Agent Petition No. 01-005-R 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Property to the north, south, and west are residential. Property to the east is commercial. There will not be a negative impact on the reduction in density away from NW Park Street. The triplex is an appropriate use for the property. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will not be detrimental to adjacent property, nor will it affect living conditions for the existing residential uses. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Because all adjacent property on Block 200 is residential, there will be no need for buffering. 7. The proposed use will not create a densitypattern that would overburden public facilities such as schools, streets, and utility services. The impact of this development will be minimal and well within available capacity for all public service providers. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic or congestion problems. Drainage, if there is a problem, can be dealt with at the site plan review phase. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There are no additional restrictions proposed for the property. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Much of the surrounding property is existing residential. The granting of this request will not confer any special privileges to the applicant. Page 2 Staff Report Elbert Batton, Agent Rezonina Petition Petition No. 09-005-R Consistency• • The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map, but the applicant is proposing a Future Land Use Map Amendment to Residential Multi -Family. If approved, the proposed use is consistent with the Comprehensive Plan. Assessment and Conclusions: Based on the above Rezoning criteria being met, the request should be approved as it is consistent with the Comprehensive Plan and Land Development Regulations in force at time of application. Submitted by: James G. LaRue, AICP Planning Consultant 11/16/01 Page 3 EXHIBIT 5N MCM-MER 4 AGENDA RESOLUTION NO.01-15 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SETTING FORTH CODE ENFORCEMENT POLICIES; PROVIDING FOR NOTICE TO VIOLATORS; PROVIDING A SCHEDULE OF FINES AND OFFENSES; PROVIDING FOR MANDATORY COURT APPEARANCES; PROVIDING A SUGGESTED OUTLINE TO DETERMINE METHOD OF ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has provided for methods of code enforcement by ordinance; and WHEREAS, it is proper and necessary to set forth policies and procedures, as well as fine schedules and related guidelines for code officers to follow; and WHEREAS, the City of Okeechobee, Florida endeavors to provide for uniform code enforcement procedures with a goal of due process and fair methods of enforcement for all citizens of Okeechobee; THEREFORE, be it resolved as follows: 1. The City of Okeechobee, Florida has in place a method of code enforcement which encompasses both the use of the code board, as well as issuing citations for violations, all as authorized by Florida Statutes 162. 2. That the intent of the City is to utilize both methods of enforcement in a uniform and fair manner. In assessing any fines authorized by Chapter 162, Florida Statues, the code board shall first consider the following factors: - The gravity of the violation. - Any actions taken by the violator to correct the violation. - Any previous violations committed by the violator. - Such additional factors as the board reasonably determines under the nature and circumstances of the violation. 3. That for any violation of a city code or ordinance, the City retains the right to use all methods of enforcement as authorized by Chapter 162, Florida statutes. However, as any lien imposed on real property by the code board may not be foreclosed against homestead property as defined by the Florida Constitution, the following guidelines are suggested for use within the City: Prior to employing either method of code enforcement, the code officer shall provide the alleged violator the pre-printed City notice of violation which provides for correction of the violation within 5-30 days of the issuance of the notice. The notice shall set forth the nature of the violation, name and address of the person violating, number of days to correct, based upon the officer's estimate in light of the nature of the violation; and such further information as deemed necessary, and the officer shall deliver a copy thereof to the violator as provided by law, and retain a copy for City records. No reasonable time to correct violation need be provided to a repeat violator, or if the officer believes the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. A. The issuance of a uniform citation to violators, and the issuance of a fine under the fine schedule herein, is suggested 0 • where the code officer, based on personal investigation, has reasonable cause to believe the person has committed a violation of a city code or ordinance, and; the location of the violation appears to be a private residence which would likely be considered to be the violators homestead real property. the violation occurs in the presence of the code officer and the person violating a code or ordinance is also present at the scene. B. The use of a notice to appear before the code enforcement board is suggested where the code officer, based on personal investigation, has reasonable cause to believe the person has committed a violation of a city code or ordinance, and; the owner of the property where the violation occurred is not a resident of the State of Florida. the real property cited is commercial or industrial in nature, or is a business. the real property cited is rental property. the location of the violation has historically been known to a recurring violation problem in the City or has been consistently been considered to be a nuisance. those violations which, in the opinion of the code officer, require the expenditure of a significant amount of time or expense to investigate and prosecute, and for which it would be in the best interests of the City to recoup costs in addition to the imposition of any fine as provided by law. 4. To avoid the appearance of favoritism or bias, the City adopts a schedule of fines for use when uniform citations are issued; these fines are those which the violator may pay to the clerk of court to avoid a court appearance on the citation: First Offense Second Offense Third or more Offense $25.00 $50.00 Mandatory Court Appearance The City retains the right, in the event the violator elects to appear in county court and is determined by the court to be guilty of the violation, to request a civil fine up to $500.00 for each violation, regardless of the above schedule. 5. For those violations that the code officer has reason to believe presents a serious threat to the public health, safety or welfare, or violations which are irreparable or irreversible in nature, no time to correct shall be provided and the matter shall be referred to the code board. In such violations, if the code officer should believe that immediate remedial action is required to correct the violation, the officer shall make a reasonable effort to notify the violator, and shall notify the chairman of the code enforcement board to set an immediate hearing, to determine whether the board should notify the appropriate representative of the City of Okeechobee, to take the steps necessary to immediately correct the violation, to protect the citizens of Okeechobee under the provisions of F.S. 162.09(1). • 6. For all violations that are not corrected within the time provided by the code enforcement officer, and which proceed to the schedule of the code board, the city may, in addition to any fines imposed in that venue, also assess and collectfrom the person violating, the following costs as appropriate: a. Any administrative cost as provided by city code. b. Costs of repairs made by the City to the location where the violation occurred. C. Reasonable investigative expenses incurred by the City. d. Costs for travel, postage, phone toll expenses, film or video, miscellaneous expenses. 7. The City of Okeechobee reserves the right to amend this resolution from time to time as deemed necessary by the City. 8. This resolution shall become effective immediately upon approval by the City Council of the City of Okeechobee, Florida. INTRODUCED AND ADOPTED this day of , 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney JANUARY 2, 2001 - REGULAR MEETING - PAGE 5 OF 10 • n f� VIII. NEW BUSINESS. A. Swearing in of newly elected officials by Judge William Hendry, Retired. B. Election of Mayor. C. Two year Appointments of Council Members to serve as City Liaisons to various Boards: 1. 2. 3. 4. 5. 6. Judge William Hendry administered the oath of office to Council Members James E. Kirk and David Clayton Williams, Jr., and congratulated them on their four year term which will begin January 2, 2001 and ends January 4, 2005. Mayor Kirk opened the floor for nominations of Mayor. Council Member Oliver moved to nominate James E. Kirk' to serve as Mayor seconded by Council Member Watford. There were no other nominations offered. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk accepted the office of Mayor and thanked the Council for their continued confidence in him. Central Florida Regional Planning Council (1 member, Kirk III Mayor Kirk is currently serving on this board and volunteered to continue to serve as the City's liaison to the Central currently serves). Florida Regional Planning Council. Tourist Development Council (2 members, Markham & Watford currently serve). Okeechobee Development Authority (1 member, Watford currently serves). Juvenile Justice Council (1 member, Kirk currently serves) Council Members Chandler and Williams volunteered to serve as the liaison to the Tourist Development Council. Council Member Watford volunteered to continue to serve on the Okeechobee Development Authority. Mayor Kirk is currently serving and volunteered to continue as the liaison to the Juvenile Justice Council. Treasure Coast Council fo Local Governments (1 member, III Council Member Oliver requested to stay as the liaison to the Treasure Coast Council of Local Governments. Council Oliver currently serves). also congratulated him on being appointed Chairman of this board for the 2001 year. Okeechobee County Health and Healthy Start Coalition (1 III Council Member Williams volunteered to serve as the liaison to the Okeechobee County Family Health and Healthy member, Markham currently serves). Start Coalition, • s EXHIBIT 6 DECEMBER 4 AGENDA STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT GRANT AGREEMENT BACKGROUND The Office of Tourism, Trade, and Economic Development is authorized by law to make grants of funds in accordance with legislative appropriations. The Legislature of the State of Florida has made an appropriation for such grants in Specific Appropriation 2367A, Section 6, in Chapter 2001-253, Laws of Florida. A copy of the appropriation is incorporated by reference herein and designated as "Exhibit A." AGREEMENT THIS GRANT AGREEMENT, is entered into upon execution ("Effective Date"), between the State of Florida, Office of Tourism, Trade, and Economic Development (OTTED) and the City of Okeechobee (GRANTEE). OTTED and the GRANTEE are sometimes hereinafter referred to as a "Party" and collectively as the "Parties." This Grant Agreement is Grant Number OT-02-026. In consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1.0 PARTIES: The parties and their respective addresses for the purposes of this Agreement are: STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT THE CAPITOL, SUITE 2001 TALLAHASSEE, FLORIDA 32399-0001 CITY OF OKEECHOBE 55 SW THIRD AVENUE OKEECHOBEE, FLORIDA 34974 The grant manager for OTTED is Mary Helen Blakeslee, who may be reached at telephone number (850) 487-2568, facsimile number (850) 921-9395, and electronic mail at 1 • maryhelen.blakeslee@myflorida.com. The grant manager for the GRANTEE is Bill Veach, who may be reached at telephone number (863) 763-3372, facsimile number (863) 763-1686, and electronic mail at bveach@cityofokeechobee.com. All approvals referenced in this Agreement must be obtained in writing from the Parties' grant managers or their designees. Either party may change its grant manager at any time by written notice to the other pursuant to Section 2.0. 2.0 NOTICES: All notices between the parties shall be in writing and shall be by either confirmed electronic mail, confirmed facsimile, or certified mail, return receipt requested, delivered to the address of the parties as set forth in Section 1.0 above, unless prior written notice of change of address is given. 3.0 TERM: The term of this Grant shall commence upon the Effective Date and continue until June 30, 2002. The term of this Agreement shall commence upon the Effective Date and continue until June 30, 2003. The term of this Agreement may be extended by OTTED for a period not to exceed six (6) months, upon the same terms and conditions of this Agreement (other than those changes necessary to accommodate the revised dates, revised funding, and any other revisions required by law). Only project costs incurred on or after the effective date of the Agreement and on or prior to the termination date of the Agreement are eligible for payment. 4.0 SCOPE OF WORK AND PERFORMANCE MEASURES: The Grantee shall expend all grant funds received from OTTED to accomplish the project generally described in Specific Appropriation 2367A, Section 6, in Chapter 2001-253, Laws of Florida, and in accordance with proviso language and summary statement of intent language, if any. Funds made available by OTTED pursuant to this Grant shall be expended solely for the purpose of the project pursuant to the legislatively appropriated purpose, and only as described in a project description incorporated by this reference and designated as "Exhibit B," and in accordance with the budget to be incorporated by this reference and designated as "Exhibit C." "Exhibit B" shall be submitted by the Grantee within ten (10) days upon execution of this Agreement and shall contain a detailed written project description and performance measures. "Exhibit C" shall be submitted by the Grantee within ten (10) days of execution of this Agreement and shall contain a budget showing the types and amounts of each separate 2 • • expenditure to be made to complete the project that omits no material parts. OTTED shall have final approval of the Exhibits before accepted and incorporated herein. The project description, performance measures, and budget may only be amended by prior written approval of OTTED. 5.0 GRANTEE REQUIREMENTS: (a) REPORTS (1) Beginning with the quarter ending December 31, 2001, and for each quarter thereafter until the end of the term of the Agreement, GRANTEE shall provide OTTED with a report on the program of work and progress against the performance measures described in "Exhibit B." A Final Project Performance Report for the completed project, summarizing actual project activities and accomplishments against the performance measures shall be submitted in writing within three (3) months of the end of the term of the Agreement. (2) Beginning with the quarter ending December 31, 2001, and for each quarter thereafter until the transferred grant funds received from OTTED are totally expended, GRANTEE shall provide OTTED a written account of actual expenditures in comparison with the proposed expenditures described in "Exhibit C." GRANTEE shall submit, for approval by OTTED, a revised "Exhibit C" (Project Budget) when any line item in "Exhibit C" deviates plus or minus 10% from the approved "Exhibit C." A final written accounting shall be submitted within three months of the end of the grant period or when grant funds are totally expended, whichever is sooner. The accounting shall include: a. The total funds transferred to GRANTEE by OTTED; b. The total project costs paid from funds made available by OTTED pursuant to this Agreement in comparison to the proposed budget and budget categories in "Exhibit C." (3) If this Agreement is extended or renewed beyond the Term, Quarterly Reports on the program of work, accomplishments against the performance measures, and budget described in "Exhibit B" and "Exhibit C" shall be submitted to OTTED by GRANTEE to cover the extended Agreement period. (4) OTTED's Contract Manager, or designee, may with reasonable notice, perform on -site reviews to independently validate any information or reports submitted, or to be submitted, to OTTED. GRANTEE shall allow OTTED's Contract Manager and other OTTED- • authorized personnel reasonable access to any information and any other documents requested by OTTED for purposes of monitoring GRANTEE's performance. (b) AUDIT AND RECORDS (1) GRANTEE shall retain and maintain all records, including records of all payments made by GRANTEE in connection with the Grant and make such records available for an audit as may be requested. Records shall include books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted governmental accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. Such records shall be retained by the GRANTEE for a minimum period of five (5) years after termination of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of the Office of the Auditor General, Office of Comptroller, Office of the Chief Inspector General, or other state personnel authorized by OTTED and copies of the records shall be delivered to OTTED upon request. (2) In addition to the requirements set out above in Section 5 (b), the Grantee shall comply with the applicable audit provisions contained in "Exhibit D" which is attached to this agreement and incorporated herein. 6.0 PAYMENTS: (a) AMOUNT/SCHEDULE (1) Payments under this Agreement will be made to GRANTEE in accordance Chapter 2001-253, Laws of Florida, the 2001 General Appropriations Act, and with the applicable Florida Statutes. The maximum amount that may be paid to GRANTEE under this Agreement is THREE HUNDRED THOUSAND DOLLARS ($300,000). All payments shall be made in accordance with, and shall be subject to, the terms of this Agreement, including the Exhibits attached hereto, and the Exhibits to be attached hereto. (2) Payments shall be made to GRANTEE in accordance with the following schedule, upon the receipt and approval by OTTED of an invoice and the required reports in accordance with Section 5: a. For the quarter ending December 31, 2001, the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000). • b. For the quarter ending March 30, 2002, the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000). d. For the quarter ending June 30, 2002, the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000). (b) AVAILABILITY OF FUNDS. The State of Florida's (OTTED's) performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event of a state revenue shortfall, the total grant may be reduced accordingly. OTTED shall be the final determiner of the availability of any funds. (c) TRAVEL/ADMINISTRATION. The Parties agree that GRANTEE will not be entitled to reimbursement for travel expenses from OTTED other than from the all-inclusive funds identified in this Section 6. (d) LOBBYING. GRANTEE shall not use any funds paid pursuant to this Agreement for lobbying the Florida Legislature, the Florida judicial branch, or any State agency. 7.0 TERMINATION: (a) BREACH & PRESERVATION OF REMEDIES (1) In the event that GRANTEE fails to comply with any of the terms of this Agreement, OTTED may exercise any remedies available at law or in equity, including the withholding and/or reduction of funding to GRANTEE. In the event such failure is material to the Agreement as a whole, OTTED shall have the right to terminate this Agreement in accordance with its terms. (2) OTTED may terminate the Agreement due to the failure of the GRANTEE to fulfill its obligation under the Agreement in a timely or satisfactory manner. Satisfaction of obligation by the GRANTEE will be determined solely by OTTED. OTTED must provide the GRANTEE a written notice of default letter. The GRANTEE will have fifteen (15) calendar days to cure the default, unless it is determined by OTTED that it is necessary that the default be cured immediately. If the default is not cured by the GRANTEE within the stated period of time, OTTED has the option to terminate this Agreement. The termination shall be effective upon no less than 24 hours notice delivered in the manner set forth in Section 2.0. In the event of termination of this Agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to notification of termination. Determination of work satisfactorily completed 5 • • shall be at the sole discretion of OTTED. Unspent funds not due to GRANTEE for work satisfactorily completed will be returned to OTTED. (3) No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement will impair any such right, power, or remedy of either party; nor will such delay or omission be construed as a waiver of any such breach or default. (b) REFUSAL TO GRANT PUBLIC ACCESS. This Agreement may be unilaterally terminated by OTTED for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. (c) UNAUTHORIZED ALIENS. OTTED will consider the employment by any GRANTEE of unauthorized aliens a violation of Section 274(e) of the U.S. Immigration and Nationality Act. Such violation shall be cause for cancellation of the Agreement. 8.0 GENERAL CONDITIONS: (a) LIABILITY (1) OTTED shall not assume any liability for the acts, omissions to act, or negligence of the GRANTEE, its agents, servants, or employees; nor shall the GRANTEE exclude liability for its own acts, omissions to act, or negligence to OTTED. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by GRANTEE. (2) To the extent it may by law, GRANTEE agrees to indemnify and hold the State harmless from any and all claims or demands for damages resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at its own expense. (3) GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEE may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities PROVIDED THAT it is understood by the GRANTEE that OTTED shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all C • expenses and liabilities incurred under the subcontract. Also, when contracting with subcontractors, GRANTEE must require subcontractors to indemnify and hold harmless the state for actions of the subcontractor resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at it own expense. (4) Neither OTTED nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. (b) NON -ASSIGNMENT. Neither party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring will be null and void. Notwithstanding the foregoing, OTTED will at all time be entitled to assign or transfer its right, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving written notice to the GRANTEE. In the event OTTED approves transfer of GRANTEE's obligations, the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the Agreement. (c) GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. Any and all litigation arising under this Agreement shall be brought exclusively in the appropriate court in Leon County, Florida. (d) MODIFICATION. This writing and the attached "Exhibit A" and "Exhibit D," and when approved and attached, "Exhibit B" and "Exhibit C" shall contain the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth. No agent, employee, or other representative of either party is authorized to alter, modify, amend, or change any of the terms of this Agreement, unless done in writing and signed by an executive officer of the GRANTEE and the Director or the Director's designee for OTTED. (e) APPLICABLE LAWS. GRANTEE agrees to comply with all applicable federal, state and local laws related to the execution of the program described in "Exhibit B" and `Exhibit C." 7 0 0 (f) MINORITY BUSINESS. GRANTEE is encouraged to utilize minority business enterprises as subcontractors or subvendors when possible and report to OTTED all such usage of funds from this Agreement. (g) PUBLIC ENTITY CRIME. GRANTEE affirms that at no time has GRANTEE been convicted of a public entity crime pursuant to Section 287.133(3)(a), Florida Statutes, and agrees that it shall not violate any such law and further acknowledges and agrees that any such conviction during the term of the Agreement may result in the termination of this Agreement. GRANTEE shall place this provision in any executed subcontracts for services rendered under this Agreement. (h) NON-DISCRIMINATION. (1) GRANTEE will not discriminate against any employee employed in the performance of this agreement or against any applicant for employment because of age, race, creed, color, handicap, national origin, or sex. (2) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (3) GRANTEE shall include similar provisions in all subcontracts for services rendered under this Agreement. (i) SEVERABILITY. If any term or provision of the Agreement is found to be illegal, invalid, or unenforceable, such term shall be severed from this Agreement and the remainder of the Agreement will remain in full force and effect. 0) ATTORNEY FEES. Unless authorized by law and agreed to in writing by OTTED, OTTED will not be liable to pay attorney fees, interest, or cost of collection. (k) DUPLICATE ORIGINALS. This Grant Agreement is executed in duplicate originals. (1) ACCEPTANCE AND AMENDMENT BY FACSIMILE. The acceptance of this Agreement or any modification of this Agreement may be made by facsimile transmission. Receipt of the facsimile transmission shall for the purposes of this Agreement be deemed to be an original, including signatures. (m) SUBCONTRACTS. Any and all contracts that GRANTEE executes with a person or organization under which such person or organization agrees to perform services on behalf of GRANTEE or the State of Florida shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract, including the provision of audit rights pursuant to Section 5 and "Exhibit D" of this Agreement, avoid duplication of existing state and local services and activities, and agree to abide by all local, state, and federal laws. (n) PLEDGING CREDIT. GRANTEE shall not pledge the State of Florida's or OTTED's credit or make the State of Florida or OTTED a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. (o) SECURITY INTEREST. In accordance with Section 253.85, Florida Statutes (2001), GRANTEE grants to the State a security interest in the property to the amount of state funds provided until the completion of the improvements or as further required by law. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. OTTED: STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT Pamella J. Dana, Director WITNESS: Z GRANTEE: CITY OF OKEECHOBEE James E. Kirk, Mayor WITNESS: 10 EXHIBIT A CHAPTER 2001-253, LAWS OF FLORIDA (2001/02 GENERAL APPROPRIATIONS ACT) SECTION 6 - GENERAL GOVERNMENT 2367A SPECIAL CATEGORIES GRANTS AND AIDS — LOCAL ECONOMIC DEVELOPMENT INITITIAVES FROM GENERAL REVENUE Funds in Specific Appropriations 2367A, shall be allocated as follows: Industrial Site Development Preparation -Okeechobee $300,000.00 11 u 1 J EXHIBIT B Scope of Work and Performance Measures — to be submitted within ten (10) days after Agreement is signed 12 • EXHIBIT C Budget to be submitted within ten (10) days after Agreement is signed 13 EXHIBIT D SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Office of Tourism, Trade, and Economic Development (OTTED) to the GRANTEE may be subject to audits and/or monitoring by the OTTED, as described in this section. MONITORING By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OTTED. In the event OTTED determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by OTTED 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 Comptroller or Auditor General or Chief Inspector General. AUDITS 1. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 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 (the Single Audit Act); applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from OTTED, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. 3. If the GRANTEE expends less than $300,000 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 GRANTEE expends less than $300,000 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 non -State funds (i.e., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). 14 0 • 4. The GRANTEE must include the record keeping requirements in subrecipient contracts and subcontracts entered into by the GRANTEE for work required under terms of this Agreement. In the executed subcontract, the GRANTEE shall provide each subrecipient of state financial assistance the information needed by the subrecipient to comply with the requirements of the Single Audit Act. Pursuant to Section 215.97 (6), Florida Statutes, GRANTEE shall review and monitor subrecipient audit reports, and perform other procedures as specified in the agreement with the subrecipient, which may include onsite visits. GRANTEE shall require subrecipients, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the state awarding agency, the Comptroller, and the Auditor General access to the subrecipient's independent auditor's working papers as necessary to comply with the requirements of the Single Audit Act. 5. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at , for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website the Department of Banking and Finance's Website and the Auditor General's Website REPORT SUBMISSION Copies of audit reports conducted in accordance with the audit requirements contained herein shall be submitted to the parties set out below. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified above, shall be sent directly to: Mary Helen Blakeslee Office of Tourism, Trade, and Economic Development The Capitol, Suite 2001 Tallahassee, Florida 32399 -0001 and State of Florida Auditor General Attn: Ted J Sauerbeck Room 574, Claude Pepper Building 11 I West Madison Street Tallahassee, Florida 32302-1450 15 • 0 RECORD RETENTION Grantee shall retain all records for a period of five (5) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit or other action involving the records has been started before then expiration of the five (5) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the five (5) years period, whichever is later. 16 • • EXHIBIT 7N DECEMBER 4 AGENDA November 27, 2001 Mr. Bill Veach City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 RE: Proposal for Grant Writing Services for FY 2002-2003 Florida Emergency Management Preparedness and Assistance (EWA) Competitive Grant Program and Cities Grant Program Dear Mr. Veach: I am very pleased to be afforded the opportunity to provide the grant writing services for the above noted projects with an application date of February 14, 2002. My scope of services is as follows: Grant Writing Services — Nancy Phillips & Associates (NPA) is prepared to prepare two (2) separate applications on behalf of the City for the retrofitting of a Critical Facility in the Competitive Grant Program at the project amount of $300,000 and retrofitting of City Hall as an auxiliary Critical Facility in the Cities Grant Program at the project amount of $50,000. NPA is prepared to submit one (1) original and 15 copies of each grant application and exhibits by the deadline of February 14, 2002. A file copy will be prepared for the City's records of each application submitted for funding. NPA will also be responsible for any completeness issues that might arise once the funding agency reviews the application. Responses will be prepared within the required time period noted in Rule 9G-19 and submitted to the funding agency on behalf of the City. Items Not Covered — NPA will not be responsible for the various maps and completion of the American Red Cross's 4496 Evaluation Questionnaire required for the grant funded projects. However, NPA will coordinate with the City's staff person or designee to obtain the necessary documents required as part of this project. Mr. Bill Veach Page Two NPA will not be responsible for any project administration, once the project has been funded. If the City desires these services, a separate proposal will be prepared and submitted for consideration. Delivery of Work Products — NPA will complete the EWA grants in the Competitive Grant Program and in the Cities Grant Program and submit the required number of applications to the funding agency no later than the deadline of February 14, 2002. Terms — NPA will charge the lump sum fee of Three Thousand Dollars and 00/100 ($3,000.00) for the grant writing services for both grant applications. Payment will be due when the grant applications have been forwarded to the funding agency (i.e, Florida Department of Emergency Management). Acceptance of Proposal — If the terms of this proposal are acceptable, please indicate by signing a copy of this document and returning it to Nancy Phillips & Associates, L.C.. An additional copy of this proposal is attached for your records. Please feel free to contact me if you have any questions and/or comments. Accepted and agreed to for the Grant Writing Services for the City of Okeechobee's FY 2002- 2003 Florida Emergency Management Preparedness and Assistance (EMPA) Competitive Grant Program and Cities Grant Program on this NANCY PHILLIPS Nancy Phillips & Associates, L.C. Witness day of December, 2001. MAYOR City of Okeechobee Witness • EXHIBIT 8 N December 4 AGENDA 1. 2. 3. 4. 5. 6. 7. 8. APPLICATION FOR TAXI CAB BUSINESS PERMIT (Use Additional Pages if Needled) Business Name:_—�- Applicant's Name: Applicant's Address: _ r��-�`L.—_I�l_�----�� �_—mil , — How Long:—_�_r�._r� Telephone No. 3 QC— Age: cell�; i,iu 11 !3 If a corporation or partnership, list names and addresses of all, officers or partners: Length of time ap licant has resided in the City or County of Okeechobee: __.._._--_..�'�C:�. `r---_-. Give a description of all experience applicant has in the transportation of passengers: __",s_L]e—_-L20 _.il:_Ltf2c �=�L__�_Q. c_XkL�-�_'. _s:�s'...—�?c List any facts which prove that public convenience and necessity require gra ting a permit: _O]u17 9. Number of vehicles to be operated by the applicant under this permit :—_-C�--- -- ----------- 10. Does applicant have liability insurance meeting the(mufollowing minimum requirements: _- —/_ Yes __—__ include proof). (a) For bodily injury to one person, $100,000.00 (b) For bodily injuries to more than one person arising out of Lhe same accident or event, $300,000.00 t- `0.1 (c) Property damage, $50,000.00 - •_� �'�----------- City Attorney's Signature 11. List the year, make and model and motor number of each vehicle to be used as a taxi cab: 12. Address of proposed depots and terminals: (Please indicate the zon ng of each ddress listed) =. �i r(.1r1,__ 'a %IL-1_i<;h= d_' --�--.ill-=-ice "; -.5�1� -J11 tr ----------------------- ------------- 13. Color scheme or insignia to be used to designate vehicles of applicant (Include picture or drawings)--1J%_i_ — 14. List all persons who have an interest in this business: 15. Give the name, address and phone number of 3 residents of the Give length of acquaintance City of Okeechobee as references. with 1each `^rindividual. ........... .-- .. ? 16. Give the name, address and phone number of all business connections or employers within the ltast 5 ears: J-�n�_. IiU�r�_ �i_� 17. Give all previous addresses within the last 5 years: ---------- _ �f.CL�1tt_ Lll"---__♦�il.�s__C�.ii---i3,.�. �TZS�_---�_.. .. I. __-._---- 18. Location of main office: (Zoning.L��1Q__w---�rL�� Ol tt, « 3t1(1f)-, citations applicant has received within 1.9. Explain all driving ___. the last 5 Years: __CIuR .. _ ------- —-------- ------ - 20. Explain all accidents the applicant has been involved in within the last 5 years: (laL>��-----___.----------- --- - - --__ ............ - -- 21. Indicate hours and days of proposed operation of each depot.: �4-14w---3-' _ :L Hours: �- S /,__�-ti(�._ Fv- _ Depot Location:__ ►lours:._-_ / Depot Location:.--.------.----- --- Depot Location:. ---- - Hours:- --- -- ------------- -- Depot Location:-----_----.--------- -- flours : - - - - -------- ---- -- - - - -- ------------•-------- Applicant's Statement I certify that answers given herein are true and complete to the best of my lTnowledge. I auLhorise in•rest.i.gation oI all statements coal ai nr.d in Lhi n application for a taxi cab business permit. 1 Date Applicant s Signature ----- -------------------------- ----------- For Finance Department's Use An application fee of $50.00 dollars has �been paid to the 1-9 Department of Finance on this /-J/i - day o __�2__.._, Date Finance Depart enC----- --------- ---------------- --------- For Police Department's Use This application for a taxi cab permitwasreviewed approved _/ disapproved __-__- on l- F Date Poli Depar meat �� (Attach written "Inspection of Vehicle(s) report") ------------------ -------- For General Services Use 'Phis application for a taxi. cab permit was approved disapproved .-_____ Uy the City Council on ---------- 19. --- -' This application will expire on __-_--_.__-_----------- Date - ----------------------- - - - -- -- --- --- - ---- - -- - -- - - - ---- General Services APPLICATION FOR TAXI CAB BUSINESS PERMIT (Use Additional Pages if Needed) 1. Business Name:_—_i + - 2. Applicant's Name:- 3. Applicant's Address:�`-l'y=i----- /ll�. „_( o� L g� �, - How Long: 4. Telephone No. 3_J�— Age: —--- Cell f3us — /qX l �9r1 5. If a corporation or partnership, list names and addresses of all officers or partners: 6. Length of time ap licant has resided in the City or County of Okeechobee: --- --- 7. Give a description of all experience applicant has in the transportation of passengers: �' Al Cam-- -A 8. List any facts which prove necessity require grating a that public convenience and permit: _a�„riT-�L1J' T 9 Number of vehicles to be operated by the applicant under this permit: —__i),----- --- -------- 10. Does applicant have liability insurance meeting the following minimum requirements: = Yes __ No (Must include proof). (a) For bodily injury to one person, $100,000.00 (b) Ior bodily injuries to more than one person arising out of the same accident or event, $300,00O.00 (c) Property damage, $50,000.00 ___L'__----__------ City Attorney's Signature 11. List the year, make and model and motor number of each vehicle to be used as a taxi cab:---- ___U, tJ1 f� ►1_� l'_1 ' �x-> c :'__L_ . A 4 2 ' `, _ . ti — �— t. Cil-1LI'il.---�-�'--.�C�. 12. Address of proposed depots and terminals: (Please indicate the zon V_tng of each ddress listed) ___ �{ i'1L1iL�>`�`z—� r,— 13. Color scheme or insignia to be used to designate vehicles of applicant (Include picture or drawings)-_ALA- 14. List all persons who have an interest in this business: 15. Give the name, address and phone number of 3 residents of the City of Okeechobee as references. Give length of acquaintance with each{ individual .}f.l`.0.i. -LMC.1-0..- - 11c.r> u s 3o,J) S(_- n !�L z* (Avethe name, address and nboo6 number of alI huaioeon ' l within the last s � uuro�ivuo o� o�n oveco ~. 17. Give all previous addresses within the \anL 5 years: zo. Looaczvu of ma in "^^^^~. z«. uv»/azu all ".^,`ion citations ann\irxut has received within the last u years: __C)�rd�^�- _----------�������������� zn. Explain all accidents the applicant has been involved io within the last s xoa'o: �)uoc,_'-___-_-_-------'----'--- ------ ----- _-------- ----_ - oz. indicate houzm and dars of proposed nneratiou of each depot: Depot Location: nouro'_-q��� xv^ra� Depot Looau"u:__--___'_��___ nouco' _ Depot Looatioo'_---_--_-____� Depot Looutioil: _____--_-_�__� -------------------------------------------------- unn/inaut`a Statement z certify that answers given herein are true and vow»/oto to the best of my knowledge. z xuLhociv.e iu"eo,inodvu of all statements nou,ni",O i" 111'n application for a taxi cab uuoiueyo »ermi,. ---- --' Date "vp^^`~-------------------- ~�_�_���������_______________-_---_- For Finance Department's Use An application co� $so no dollars hbpaid to the «a «u fee �bi' /4�� day o Department or Finance on ° ^-___ __���~__ _ ~^~^----�'----'--'- Date ,^^^"^^^~ ~~"--_ffl���_-_-_--------------------------_--------------- --------------- � For police Department's Use This an»lioou for a taxi nab permit was ce,zowo d ' approved ~~ -___ disapproved ___--_-_-_ oo te__--____ re/iD=�= (Attach written "Inspection tioo of Vehicle(s) cen"zt~_________________ > _____ _____________________ ������������ For General Services Use This application for a taxi cab permit was aonco,ea diom»»co"o« --_--_____ ur the City Council on zy____' � This application will expire on zn -------- Date • TAXI INSPECTION BUSINESS NAME. �#- D % �,�,✓sp OWNER'S NAME J 1c -+ 1bt�m clet-1 BUSINESS ADDRESS 4le-1�- OWNER'S ADDRESS acq /Y�✓ / s' MAKE OF VEHf}Z `j A V YEAR- VEHICLE# Z-- VIN#_T�. rs s Z--Z-�Crl n �( 3 9 1. ALL VEHICLES MUST BE AT LEAST FOUR (4) AND SIX (6) PASSENGERS INCLUDING THE DRIVER. 2. MUST HAVE BUSINESS NAME ON FRONT OR REAR DOORS IN PAINTED LETTERS NOT LESS THAN 6" NO MORE THAN 12" IN HEIGHT. 3. EACH TAXICAB SHALL BEAR AN IDENTIFYING NUMBER AND NO TWO SHALL HAVE THE SAME NUMBER. 4. EACH COLOR SCHEME AND LOGO OR MONOGRAM MUST BE APPROVED BY THE CITY COUNCIL. 5. RATE CHART, METER, AND DRIVERS DISPLAY CARD MUST BE VISIBLE TO THE PASSENGERS IN THE REAR SEAT. 6.GENERAL EQUIPMENT SAFETY INSPECTION BRAKES [®' HEATER HORN-4-"' A/C MUFFLER Q"� TIRES REAR VIEW MIRROR t--- WINDSHIELD WIPERS L� LIGHTS OTHER n/ ) 7. GENERAL CLEANLINESS OF VEHICLE REMARKS INSPECTORS SIGNATURE DATE /(/ -lam' a( TAXI INSPECTION BUSINESS NAME T d-,j. WNER'S NAME BUSINESS ADDRESS 51-e _ l OWNER'S ADDRESS ,/, /� cf MAKE OF VEH je C��cr v�h YEAR VEHICLE# VIN# 1. ALL VEHICLES MUST BE AT LEAST FOUR (4) AND SIX (6) PASSENGERS INCLUDING THE DRIVER. 2. MUST HAVE BUSINESS NAME ON FRONT OR REAR DOORS IN PAINTED LETTERS NOT LESS THAN 6" NO MORE THAN 12" IN HEIGHT. 3. EACH TAXICAB SHALL BEAR AN IDENTIFYING NUMBER AND NO TWO SHALL HAVE THE SAME NUMBER. 4. EACH COLOR SCHEME AND LOGO OR MONOGRAM MUST BE APPROVED BY THE CITY COUNCIL. 5. RATE CHART, METER, AND DRIVERS DISPLAY CARD MUST BE VISIBLE TO THE PASSENGERS IN THE REAR SEAT. 6.GENERAL EQUIPMENT SAFETY INSSPPECTION BRAKES HEATER HORN A/C ✓ MUFFLER TIRES REAR VIEW MIRROR-,-' WINDSHIELD WIPERS LIGHTS / OTHER 7. GENERAL CLEANLINESS OF VEHICLE Iti3135n,7.VI INSPECTORS SIGNATURE /3// " 3 DATE 11/05/01 RR:06/01 V02.44 FLORIDA PAGE 3 JOSE LEON POLICY #: 21023146-0 C:MM:2 ******************************************************************************** --------------------------- UNDERWRITING QUESTIONS ----------------------------- Prior Insurance YES Prior bodily injury limits 10/20 Prior policy effective date 08/03/01 Prior policy expiration date 02/03/02 Prior Carrier AIG INSURANCE CO Number of Comp Claims $1000 or over 0 Total Not -at -Fault Accidents 0 ________________ --- COVERAGES -------------------------- --------- 1991 MAZDA 1994 DODGE VEH 1 VEH 2 100/300/50 100/'A00 �n_ 21 23 _BI-PD UMUIM NONE NONE 0 0 0 0 0 MED-PAY NONE NONE 1 1 6 PIP E R E R 31 38 COMP 500 500 87 118 COLL 500 500 0 0 RENT NONE NONE 0 0 TOW NONE NONE 0 0 ACPE NONE NONE 0 0 PAYOFF NONE NONE ----------------------------- 518 567 Subtotal 1085.00 Dr #/Sex/Marital/Age: 2FM37 1MM38 Total Premium 1085.00 DISCOUNTS/SURCHARGES Policy Discount(s): Multi -Car Paid in Full vehicle Discount(s): ABS (1) Airbag -Full (2) Policy Surcharge(s): Excluded Drvr DRIVER'S PERMIT FOR TAXICABS 1. Applicant's Name: 1 1el,&. S. Leon 2. Name of the company applicant will drive for: t D -Tr GvnSp o,I CJi o n 3. Applicant's Address: C7N P.W. IS+� S� rez+ FL 3�14'l a 4. Years at this address:_ / `7 Telephone No: 3 S'i - OBI Q Z� $ 63 ) 5. List address and dates for the previous (5) years. (-\on2. 6. Date of Birth: q 7. Driver License No:-FL-LSC)U- j,7q-6,q-8qq S#: 5QO-C)3- SGOO 8. Attached is a copy of applicant's fingerprints: Yeses' No 9. Attached is a copy of Applicant's physical (within the last (2) years) Yes ,/ No 10.No taxicab driver's permit shall be issued to any person under the age of eighteen (18) years. A permit may be refused to any person who has, prior to the date of the application for such permit, been convicted, pleaded guilty or foreited bond upon being charged with any one of the following offenses: A. Operating a motor vehicle for purposes of sale of intoxicating liquor. B. Illegal possession for purpose of sale of intoxicating liquor. C. Illegal sale of intoxicating liquor, drugs or controlled substances. D. Illegal transportation of intoxicating liquor, drugs or controlled substances. E. Transporting persons for immoral purposes. F. Any crime involving moral turpitude which, in the opinion of the city council, renders such person unfit to operate a motor vehicle for the transportation of persons for hire. The above statements are true and arcuate to the best of my knowledge. I hereby grant the City of Okeechobee permission to investigate all statements and any other items they so desire, as it relates to me obtaining this permit. Applicant's Signature a //Z-/ a Db.te STANLEY H. SWEDA, M.D. DOCTORS CLINIC FAMILY HEALTH CENTER. INC. 204 S.E. PARK STREET OKEECHOBEE. FLORIDA 34972 813-763-1107 "GENERAL PHYSICAL EXAMINATION" DATE: PATIENT NAME: AGE: MEDICATION: SEX. _0 PAST MED HX: HEIGHT: AFT. _IN. WEIGHT: �4 (® LBS. ABNORM. __ NORM EYES: VISION:RIGHT- 201 � LEFT-20/ COLOR I-ERCEPTION -_ v EARS: HEARING RIGHT-1/15, LEFT-///15: EXTERNAL EAR DRUK -- - NOSE 6 SINUSES: DEFORMITY: OBSTRUCTION: CHRONIC INFECTION - - - THROAT: ENLARGED TONSILS: CHRONIC INFECTION --� NECK: THYROID ENLARGEMENT. ADENOPATNY - THORAX: INADEQUATE EXPANSION: DEFORMITY _ v HEART: ENLARGEMENT: ARRVTHMIA: M RS CJ BLOOD PRESSURE: SYSTOLIC7 DIASTOLIC r LUNGS: RALES, DULLNESS, CHRONIC INFECTION -__- ABDOMEN: ORGAN ENLARGEMENT, HERNIA, VENTRAL INGUIN GENITALIA: PHIMOSIS, HYDROCELE, VARICOCELE RECTUM & ANUS: HEMORRHOIDS, FISSURE, FISTULA, PILONIDAL EXTREMITIES: DEFORMITY, LOSS OF PARTS, LIMITATION OF MOTION CHRONIC INFECTION, VARICOSE VEINS - SKIN: DISFIGURING DEFECTS OR SCARS, INFECTION - NERVOUS 6 MENTAL: VASOMOTOR INSTABILITY, MENTAL OR NEUROLOGIC DEFECT URINALYSIS: SUGAR LBUMIN_ COMMENT ON ABNORMALITIES: EKG RESULTS: 1 jtf CHEST X-RAY RESULTS`: FW •Y V�''',lM.`� i�' "'MNpf�Srl x; .,,v�,. : � y?`•3�`:+1s, t .+ 'a.. ? t �� •der �� ��, k deb34,= i h4 " J V9�9 a:+-.n P'AilR+7�M� lEER'^x^"Kn�9 .-may.. �� x� •� .fir �+ } � ! � 9' si t t 77 M 0 • DRIVER'S PERMIT FOR TAXICABS 1. Applicant's Name: Leofl 2. Name of the company applicant will drive for: �� (� �rp.tl5A6rta��bn 3. Applicant's Address: (0aq NW is 'EA. Okee, FL. Mgga 4. Years at this address: ( I_ —Telephone No: Zlo3 - 357- 6qq 5. List address and dates for the previous (5) years. n6n e 6. Date of—__- -b 7. Driver License No: _sS# 8. Attached is a copy of applicant's fingerprints: YesN_No 9. Attached 'is a copy of Applicant's physical (within the last (2) years) Yes_ No 10.No taxicab driver's permit shall be issued to any person under the age of eighteen (18) years. A permit may be refused to any person who has, prior to the date of the application for such permit, been convicted, pleaded guilty or foreited bond upon being charged with any one of the following offenses: A. Operating a motor vehicle for purposes of sale of intoxicating liquor. B. Illegal possession for purpose of sale of intoxicating liquor. C. Illegal sale of intoxicating liquor, drugs or controlled substances. D. Illegal transportation of intoxicating liquor, drugs or controlled substances. E. Transporting persons for immoral purposes. F. Any crime involving moral turpitude which, in the opinion of the city council, renders such person unfit to operate a motor vehicle for the transportation of persons for hire. The above statements are true and arcuate to the best of my knowledge. I hereby grant the City of Okeechobee permission to investigate all statements and any other items they so desire, as it relates to me obtaining this permit. Applicant s signature Date The Sunshine State — LICOM N-MER L500-433-63-057-0 jCM MM LWN tat NW 16TH ST OKEECHOMT, FL att7 -4W >, BIRTH DATE SEX FKiT. REST. ENDORSE. ` 02-1743 M 949 FI IUD DUMRES DUPLICATE 08-1t-Y4 02-1742 W27-M ds�c M. Y, SAFE DRIVER 009270038motDr vehicle Cof►slltlrb� 1Of a rteoEconsent to any sobriety lust required by law I STANLEY H. SWEDA, M.D. DOCTORS CLINIC FAMILY HEALTHCENTESTREET OKEECHOBEE. FLORIDA 34972 8 63-783-1 107 "GENERAL PHYS-ICAL EXAMINATION" DATE: PATIENT NAME: AGE: MEDICATION: /Lk'Lle SEX: PAST MED HX: HEIGHT: FT. �0 IN. WEIGHT: 1;_L[iS. ABNORM. v J���` - �- EYES: VISION:RIGHT- 20/.Z0 LEFT-20/COLOR PERCEPTION EARS: HEARING RIGHT- /��/15, LEFT- /k�/15: EXTERNAL EAR DRUM NOSE 6 SINUSES: DEFORMITY: OBSTRUCTION: CHRONIC INFECTION - - l/ -- THROAT: ENLARGED TONSILS: CHRONIC INFECTION NECK: THYROID ENLARGEMENT:= ADENOPATf1Y - t/ THORAX: INADEQUATE EXPANSION: DEFORMITY HEART: ENLARGEMENT: ARRYTHMIA: MURMURS BLOOD PRESSURE: SYSTOLIC /-)t> DIASTOLIC 7a ✓ LUNGS: RALES, DULLNESS, CHRONIC INFECTION - ABDOMEN: ORGAN ENLARGEMENT, HERNIA, VENTRAL INGUINAL - - GENITALIA: PHIMOSIS, HYDROCELE, VARICOCELE RECTUM 9 ANUS: HEMORRHOIDS, FISSURE, FISTULA, PILOUIDAL EXTREMITIES: DEFORMITY, LOSS OF PARTS, LIMITATION OF MOTIO CHRONIC INFECTION, VARICOSE VEINS ✓ % SKIN: DISFIGURING DEFECTS OR SCARS, INFECTION NERVOUS & MENTAL: VASOMOTOR INSTABILITY, MENTAL OR NEUROLOGIC DEFECT URINALYSIS: SUGAR �C�� ALBUMIN�� COMMENT ON ABNORMALITIES: EKG RESULTS: CHEST X-RAY RESULTS: L, J� / • STANL• H. SWEDA, M.D. DOCTORS CLINIC FAMILY HEALTH CENTER. INC. 204 S.E. PARK STREET OKEECHOBEE. FLORIDA 34972 S 63-763-1 107 "GENERAL PHYSICAL EXAMINATION" DATE : 10 PATIENT NAME: AGE: MEDICATION: /V.',ZLQ SEX : rd PAST MED HX : A L- t - 60 Q HEIGHT: Is- FT. � O IN. WEIGHT: _LBS. EYES: VISION:RIGHT- 20/.Z_0 LEFT-20/COLOR PERCEPTION: EARS: HEARING RIGHT- /��/15, LEFT- IK1 15: EXTERNAL EAR DRUM NOSE & SINUSES: DEFORMITY: OBSTRUCTION: CHRONIC INFECTION THROAT: ENLARGED TONSILS: CHRONIC INFECTION NECK: THYROID ENLARGEMENT:-'ADENOPATHY. THORAX: INADEQUATE EXPANSION: DEFORMITY HEART: ENLARGEMENT: ARRYTHMIA: MURMURS BLOOD PRESSURE: SYSTOLICL-)f> DIASTOLIC 7 a LUNGS: RALES, DULLNESS, CHRONIC INFECTION ABDOMEN: ORGAN ENLARGEMENT, HERNIA, VENTRAL INGUINAL GENITALIA: PHIMOSIS, HYDROCELE, VARICOCELE RECTUM S ANUS: HEMORRHOIDS, FISSURE, FISTULA, PILOUIDAL EXTREMITIES: DEFORMITY, LOSS OF PARTS, LIMITATION OF MOTIO CHRONIC INFECTION, VARICOSE VEINS /yl/ss �L7 SKIN: DISFIGURING DEFECTS OR SCARS, INFECTION NERVOUS E MENTAL: VASOMOTOR INSTABILITY, MENTAL OR NEUROLOGIC DEFECT URINALYSIS: SUGAR �C'� AL�BUMINPoo' COMMENT ON ABNORMALITIES: EKG RESULTS: CHEST X-RAY RESULTS: ABNORM. oiJ0' 7 z/ L� EXHIBIT 9 N December 4 AGENDA INTERLOCAL AGREEMENT This Interlocal Agreement is made between the CITY OF OKEECHOBEE, 55 S.E. 3 Avenue, Okeechobee, Florida 34972, hereinafter referred to as the "CITY", and OKEECHOBEE COUNTY, a political subdivision of the State of Florida, 304 N.W. 2"d Street, Okeechobee, Florida 34972, hereinafter referred to as the "COUNTY". WHEREAS, the COUNTY and the CITY are working together on the designation of an area as an enterprise zone pursuant to the Florida Enterprise Zone Act of 1994, Sections 290.001 — 290.016, Florida Statutes. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions contained herein, the CITY and the COUNTY hereby agree as follows: 1. The purpose of this Interlocal Agreement is to provide for the mutual efforts of the COUNTY and the CITY in implementing the enterprise zone program. 2. The parties agree that the COUNTY and the CITY will cooperate together in the implementation of the enterprise zone program. 3. The parties agree that neither party will obligate the other, financially or otherwise, in implementing the enterprise zone program. 4. This Interlocal Agreement shall become effective upon execution by the CITY and the COUNTY and shall remain in effect for a term of one year. Unless revoked by either party prior to expiration, this Interlocal Agreement shall automatically renew for successive one year terms. This Interlocal Agreement may be terminated by either party at any time by written notice delivered to the other party. 5. This Interlocal Agreement has been executed pursuant to Section 163.01, et seq., Florida Statutes. 6. This Interlocal Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Interlocal 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 Interlocal Agreement. 7. Witnesses: Print Name: Print Name: This Interlocal Agreement is binding upon the parties, their successors, and their assigns. DATED this day of December, 2001. CITY OF OKEECHOBEE DATED this day of December, 2001. Attest: By: Sharon Robertson, County Clerk M James Kirk, Mayor BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA By: Clif Betts, Jr., Chairman OKEECHOBEE City/County, Florida Enterprise Zone Economic Development Strategic Plan For January 1, 2002 — December 31, 2011 Prepared By OKEECHOBEE DEVELOPMENT AUTHORITY AIRPORT and BUSINESS COALITION For: The Okeechobee County Enterprise Zone Development Agency December 13, 2001 • PREFACE The City of Okeechobee and Okeechobee County have historically relied on agriculture (mainly dairy and beef cattle) a nd t ourism a s t he m ainstay o f t heir economies. Over the past few years many of these ranches have been purchased and closed by the state due to run off pollution into Lake Okeechobee. Additionally, a reduction in the water level of the lake, partly man-made and partly due to a drought, brought the lake down to a point where it was not possible to put a boat in the water causing tourism to drop off dramatically. Unemployment and underemployment rose significantly in all sectors of the economy due to these situations. As a result of this situation, Okeechobee County along with other surrounding counties were declared by the state as "Rural Areas of Critical Economic Concern". In an effort to stabilize and reverse this situation the city and county looked for ways to enhance their economic development efforts and diversify their economies, thereby becoming less dependent on agriculture and tourism. One of these is to create an Enterprise Zone. The establishment of a Zone will afford the county an opportunity to offer additional inducements to firms potentially is interested in locating or expanding within the Zone. This document is designed to describe the Zone itself as well as the goals, objectives and strategies that will be implemented to accomplish the enhancement and diversification of the economy. The end result will be the creation on more and better job opportunities for the residents of the Zone and the county as a whole. .7 • OKEECHOBEE CITY/COUNTY ENTERPRISE ZONE Brief overview of the area: Following decades of reliance on agriculture and tourism, Okeechobee is preparing to enhance the county's economy. The county and city are moving forward with promising opportunities and also some demanding challenges. Okeechobee has always been a leader in Central Florida in the development of a lifestyle desired by a number of retirees locating in the state. Demographic trends for the Enterprise Zone mirror those of the State of Florida. As the population continues to increase, so does the percentage of retirees that now call Okeechobee home. This population trend has significant consequences for Okeechobee, as the local economy, especially in the Zone, will have greater reliance on jobs related to services required by retirees. The increase in service related jobs will create greater job opportunities for the growing working age population, but typically do not pay as well as manufacturing and other employment sectors. • Okeechobee Enterprise Zone residents on average earn less than 70% of the Florida average. Although the lower wages make it possible to realize significant cost savings for businesses considering locating or expanding in the Zone, it certainly does not bode well for those Zone residents just struggling to survive. Manufacturing jobs in Okeechobee mirror those wages of the state, in fact, manufacturing workers incomes in Okeechobee more than double the per capita income for other individuals in the county. Clearly these trends provide evidence that the Enterprise Zone is vulnerable if its economy remains tied to agriculture and tourism. 2 • CHARACTERISTICS OF THE OKEECHOBEE CITY/COUNTY ENTERPRISE ZONE Okeechobee County has selected three areas for its Enterprise Zone. These areas were chosen for two reasons: one - the areas contain large sections of pervasive poverty and economic distress, and two - the areas also contain large sections which are available for development and/or redevelopment. Both sections of the Enterprise Zone cover an area of 19.850 square miles. Figure A illustrates these designated areas. GENERAL DESCRIPTION OF THE NOMINATED AREA A. Beginning at the intersection of Hwy. 441 and N.E. 144th Street East 1200', then North 1200', then West 2400', then South 1200' to N.W. 144th Street, then East to the intersection of 144th Street and Hwy. 441, all in Section 34, Tsp. 36S, Range 35E. Also beginning at the intersection of Hwy. 441 and N.E. 144th Street East 1200', then South 2700', then West 1200', then North 1200' to N.W. 144th Street, then East 1200' to Point of Beginning. All in Section 3, Tsp 36S, Range • 35E. Containing 0.271 square miles. B. Beginning at the S.W. intersection of Hwy. 441 and Section 15, Tsp 36S, Range 35E, West 1800', then South 1320', then East 1140', then South 4,000', then East 660' to the West side of Hwy. 441, then following the West side of Hwy. 441 North to Point of Beginning. Containing 0.180 square miles. C. Beginning at a point 1000' North of SR 70 and 1000' East of B.K. Mac Arthur Road, then South 2,000', then following a line 1000' South of SR 70 West to the West side of Section 18, Tsp. 37S, Range 36E, then South on the Section line to a point 1,000' North of SR 710 R.O.W., then following 1,000' North of SR 710 to the county line, then South 2,000', then West following 1000' South of S.R. 710 to the intersection of Section 24, Tsp. 37S, Range 36E and Mosquito Creek, then West to the intersection of the CSX right of way and West line of Section 24, Tsp. 37S, Range 35E, then North to a point 1,000' South of SR 710, then West following SR 710 and SR 70 to West line of Section 23, Tsp. 37S, Range 35E, then North to a point 1,000' North of SR 70, then East staying 1,000' North of SR 70 to P.O. B.. Containing 1.826 square miles. Plus Beginning at a point 1,000' South of SR 70 on the East line of Section • 22, T sp. 3 7S, R ange 3 5E c ontinue South to the intersection of S.E. 32"d Street and S.W. corner of Section 26, Tsp. 37S, Range 35E, then 0 • follow South R.O.W. of S.E. 32Id Street East to West side of Taylor Creek, then follow Taylor Creek South to North side of Rim Canal, then follow Rim Canal South West to East boundary of Kissimmee River, including the Okee-Tantie Recreation Area, then North along East boundary of river to a point 1,000' North of SR 78, then N.E. followinty a line 1,000' North of SR 78 to a point 1,320' West of S.W. 16t Avenue, then North to a point 1,000' South of SR 70 and S.W. 24th Avenue, then West 5,280', then North to North line of Section 7, Tsp. 37S, Range 35E, then East to East line of Section 8, Tsp. 37S, Range 35E, then North 1,320', then East to a point 660' West of Section 3, Tsp. 37S, Range 35E, then North 660', then East 660', then South to South line of Section 3, Tsp 37S, Range 35E, then West to West line of Section 10, Tsp. 37S, Range 35E, then South to N.W. corner of Section 15, Tsp. 37S, Range 35E, then South to P.O.B. Containing 19.399 square miles. • • Total square miles = 19.850. THIS DESCRIPTION HAS BEEN TAKEN FROM THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S MAP AND SHOULD NOT BE USED FOR ANY PURPOSE OTHER THAN AS A GENERAL DESCRIPTION FOR ENTERPRISE ZONE BOUNDARIES. Vision Statement: The vision for Okeechobee County is to create an economy that is diversified, healthy and growing in a positive manner. The new economy will offer the current and future residents of the county opportunities exceeding what is available today so that each individual will be able to provide for themselves and their families a comfortable and stable household. Goals, Objectives and Strategies: Strategic goals identify the issues critical to the long term future of Okeechobee's economy. Although the county has a strong public school system, few attractive employment opportunities exist for talented young people graduating from the school system. One way to diversify the economy would be to attract and expand the areas manufacturing sector. Currently manufacturing employment represents only 2.6% of the overall county employment. Therefore it is incumbent upon the EZDA to target and attract businesses which pay salaries higher than the average wage for the area. This effort is designed to upgrade the standard of living and quality of life for county residents. The following depict major goals, objectives and strategies that the EZDA will follow to achieve their mission. 2 • Goal One Assist existing business and industry within the Enterprise Zone The establishment of an expansion and retention program for existing businesses is important, not only from a job development standpoint, but also from the perspective of cost effectiveness and community image. Each year a significant number of jobs are created by existing businesses. Local businesses do not require external marketing programs or expensive recruitment incentives. Expanding companies depend on the local unemployed labor pool when hiring. This ultimately raises the local wages by creating a demand for additional labor and reduces the burden on social programs. Additionally, local company owners are already convinced that the community is a great place to conduct business and ultimately become "Ambassadors" to businesses seeking to relocate or expand. Objective One: Support the local Enterprise Zone business community through company visitations Strategy One: • Write one letter per week to local businesses outlining the EZDA's programs and offering assistance. Strategy Two: Schedule one company visitation per month. Strategy Three: Involve the Chamber of Commerce, Economic Council of Okeechobee, the Okeechobee Development Authority, and other economic development agencies on local company visitations. Objective Two: Support the local businesses in the Enterprise Zone by assisting companies in obtaining financing for expansion Strategy One: Assist local businesses requiring capital for expansion with grant applications for expansion funds. 0 .I • • Strategy Two: Continue to identify new funding sources for business expansion through continued association with the Florida Economic Development Council (FEDC), Enterprise Florida (EFI), and other agencies, local, state and federal. Objective Three: Support and promote local business Expansion within the Enterprise Zone through permitting and regulatory assistance Strategy One: Monitor the rules and regulations of all agencies involved in business permitting Strategy Two: Attend important regulatory workshops. Strategy Three: • Create an Okeechobee guide to business permitting. Objective Four: Develop a close relationship with the local educational community to coordinate efforts and respond to the changing needs for workforce skills required by expanding businesses within the Enterprise Zone. Strategy One: Continue involvement with the Regional Workforce Board to initiate policies to improve training delivery. Strategy Two: Coordinate closely with Indian River Community College (IRCC) to provide input on the training needs for businesses in the Enterprise Zone. Strategy Three: Promote and use EFI economic development training grants and other • available grants to assist businesses within the Zone in obtaining training for expansion. R 0 0 • GOAL TWO Attract New Business and Industry in to the Enterprise Zone The objective of this goal is to establish a primer economic development program to attract new business investment in the Enterprise Zone by targeting companies which best compliment our business climate and provide a higher than average wage. Objective One: Market Okeechobee's image as a good place to make business investments Strategy One: Insure that the EZDA's marketing efforts are consistant with Enterprise Florida (EFI), targeting manufacturing companies and promoting Okeechobee's strategic location. Strategy Two: Develop a statement of the types of business development needed in the • Zone to support an increased quality of life and increase targeting of value added businesses. C7 Strategy Three: Establish a well funded incentive strategy and program for new business development. Strategy Four: Develop a positive and continuing relationship with site selection consultants by keeping them current on Okeechobee's premier business climate. Objective Two: Promote the development of suitable building inventory and available land for business prospects considering the Zone Strategy One: Create a database inventory of available land and buildings, including any land for speculative space. 7 0 u . Strategy Two: Promote the assets of the Enterprise Zone to developers in an effort to create additional business parks. GOAL THREE Encourage the development of infrastructure Clearly economic development is subject to supply and demand of quality potable water, wastewater facilities and paved roads. It is essential for a community to foster business development through the development of infrastructure. Objective One: Encourage government agencies to provide the necessary infrastructure for the development of business parks and "spec" buildings. Strategy One: Identify areas within the Enterprise Zone that require infrastructure to • foster new business development. Strategy Two: Coordinate with the local regulatory agencies to insure that development of this infrastructure is fast tracked. GOAL FOUR Encourage the establishment of public/private partnerships The p ublic s ector h as t raditionally h andled t he role o f e conomic d evelopment. However, as competition increases, it is incumbent upon the public sector economic development practitioners to draw upon the expertise of the private sector to remain competitive. Strategy One: Recruit the help of businesses that have already moved in to the Zone to provide leads of other businesses that may be interested in expansion or relocation. 0 0 • • • Strategy Two: Conduct missions to targeted companies with area business leaders to explain the merits of business development in the Okeechobee Enterprise Zone. Strategy Three: Include local businesses in the EZDA marketing programs to insure that all available property is identified. Strategy Four: Partner with the Economic Council of Okeechobee and other business groups to foster local business development and expansion. Coordinated efforts for revitalization The Okeechobee County Enterprise Zone will have a well coordinated program for the revitalization of the area. This will include many linkages with local, state and federal organizations. As mentioned previously, the EZDA will be working closely with the school system, community college, the Economic Council, Enterprise Florida, the Florida Office of Tourism, Trade and Economic Development, Workforce Board and many others to accomplish our goals for revitalization. Participants in the planning process Early on in the planning process an Enterprise Zone Planning Committee was established to determine, preliminarily, the goals, objectives and strategies for the Zone as well as its boundaries. This Committee consisted of the Manager of the City of Okeechobee, a City Councilman and resident of the Zone, a business owner within the Zone, the Executive Director of the Economic Council of Okeechobee (representing all of the major b usinesses i n t he c ounty), t he C ounty P lanning D irector, a nd t he Executive Director of the Okeechobee Development Authority. Once the boundaries were established, as well as the goals, objectives and strategies, public hearing notices were advertised and hearings held with the city on December 4, 2001 and with the county on December 10, 2001 and December 13, 2001. Additionally, the strategic plan was made available to the public throughout the process, both at the airport and in the Department of Planning and Development. 9 • 0 • Commitments from the governing body to enact local fiscal and regulatory incentives Okeechobee County has enacted an ordinance allowing for property tax abatement and, along with the city, will be fast tracking the permitting process for Enterprise Zone projects. With the nomination of the Zone area, the county is already looking at its comprehensive plan and considering some adjustments to allow for the development and redevelopment of certain areas within the Zone. Local and private resources available in the nominated area Although Okeechobee is a small county, everything possible is being done to commit resources to the Enterprise Zone. The Okeechobee Development Authority (ODA) has limited funds but has offered cash amounts in the past to offset rent obligations and relocation costs to companies interested in moving to the area. Private firms in the Zone have forgiven rent for the first few months to help attract new businesses to the nominated Zone area. Once the Zone is designated more and better resources are anticipated to be earmarked to assist in the development and redevelopment of the Zone. • How tax incentives and local, state, and federal resources will be utilized in the nominated area The tax incentives will be used as an inducement to businesses looking for a I ocation to e xpand o r relocate. C urrently C DBG m onies a re b eing used to rehabilitate housing and infrastructure throughout the county. Once t he n ominated a rea i s d esignated a m ore concerted effort will be placed within the Zone for use of these monies as well as SHIP funding. Funding requested under state or federal programs for revitalization efforts The City of Okeechobee is building an industrial park within the Zone. To date the U.S. Department of Commerce, Economic Development Administration (EDA) has committed $1.2 million toward the development of the park and the State of Florida, through the Economic Development Transportation Fund has committed $1.125 million. The City has appropriated $300,000 and the County has also appropriated $300,000 for this project. The company moving in to the park (Sheffield Environmental • Services, Inc.) will be spending $20 million and will provide 150 new jobs within the Zone. 10 Additionally, the County has constructed an industrial park at its airport, which is in the Zone, and used EDA money for a portion of that project. The Development Authority (ODA) is in the process of constructing a 10,000 square foot incubator building, with 50% of the funding coming from the U.S. Department of Agriculture. This building is designed to help start-up companies or individuals get started, build up a clientele, and after a few years move to a new location creating more jobs and capital investment in the Zone. Baseline data and benchmarks for measuring the success of the strategic plan including the implementation strategies The nominated area is made up of 21,546 residents, occupying 8,010 housing units. There are also 444 companies within the area employing 9,670 people. There are 96 vacant commercial buildings in the Zone, some of which are in such poor condition that they may have to be removed from the property. The following are some oft he benchmarks that will be achieved and the implementation strategy used to achieve those benchmarks. • 1. Create new and better job opportunities within the Zone and for Zone residents: a) Construct an incubator building offering well below market rates to assist small or start-up companies and create new jobs b) Construct one or two new manufacturing/warehouse buildings in the Zone to lease/sell c) Market the Zone and its incentives, including available commercial and industrial buildings. 2. Encourage the development of infrastructure: a) Work with the various governmental entities to determine the specific need and location for infrastructure development b) Work with potential developers and businesses in their attempts to extend or add new infrastructure 11 0 • • 3. Encourage the provision of affordable single and multi -family housing units in the Zone: a) Work with developers a nd o thers, s howing t hem t he n eed f or additional housing units within the Zone 0 b) Work with local governments in fast tracking the permitting and inspection processes on housing developments in the Zone c) Work with the county grants coordinator in obtaining various types of financing to assist in the construction of these housing units. 12 Ile el ce ee le e It er k Ic le 41 3,.,�JWY-TLN2 J16Gff,)331Y() 11 ST Mougk I jV- I �:31 32 33 3,1 35 36 ea'roWeger 36 31 32 33 34 Z 35 36 31 32 3°t 3 ; 36 �m I W 40TH ST 1241 G eeµ 2 e NW 220 ST 1 6 5 4 3 2 1 j 6 1 `5 I 4 i� 3 2� 1 I 6 yak 5 I 4 3 God"u° 1 ' (SHERMAN, RD) - V NE 224 .1 ST ! 'To FORr PIER NW 216 ST) 1 u�r 68 I (WARY 12 7 G I �b 8 y 1 d 1 1 12 I� f3 9 10 1 1 2 0� 7 t 1 7�" 8 9 10 1 1 12 • w_ NW 20 6 , NE 208 ST I U �yy + J 14 13 14 18 41 r n 7 1 t; F- I 1� Icr` 13 18 17 16 15 15 14 13 16 17 16 15 1<l N T IDURR NICE RDI - 1 3 o� W .o � � I 441 3 3 24 �w c 3 1` 0 1 22 m - - 19 2:� 24 19 1 i3 Z - I I ILSON 2d 21 i 24 (n =Z �g I 1 I � RD I I ur y 28 27 26 _Y I rt U � ` Flying "B" Ranch 2`J 30 u" C 29 28 27 26 25 30 1 29 28 27 26 Airport e 68 INV1r NE 168 160 STl ■ OKE ('uneFF I Z COR FCTIONAL 0%33 I A 35 St a 1 1_' 33 34 35 36 31 32 Cr While r:vST Tr'TION 34 tibj0 l(anunoek 341 35 36 31 ,12 Pond 3� 3b r ! - --- -.- 144 NE 144 ST i 33 ',, Jero ans I 2 0� I �OKEEC O EE �1 a s > 1 I / 3 2 a r.lA To.v R 1 6 5 4 1 6 GPI--r Nz t NV�I 136- _ a tv m. I Dark 4 2 �ialR,r�RIT `�■ 1 '' CO EAGLRi C UlB NE-�eI L Z� �w SW 1 W � /ammock E 31 LAW fi Z Z 11 1? 7 8 9 10 I 11 I 12 ISLAND ,io I / z NE t2o ST--_ 98 t._. oak ,/ Boa 8 NW 1115 DR M ! OUNTRY 12 7 8 9 I 1d - �om'mW 1 HIL _S ESTITES 700 i4 13 18 17 16 1115 el 14 13 18 -<V7 N ib6 1.uj Sr�N 102 ` 14 13 18 1% 16 15 1 14 Q 13 H V 96 CT N 98 BI j I I U) ` ¢ - 93C7 r-, M O 3 24 19 LU 21 222 23 24 1 CD) ? ascT 19 id �F� 21 22 23 24 19 2U 21 22 3 �>_4 c cs�i DIXIE RANCH 2ci ACRES , BLUFF PLATT��5 ��� 8 27 ti 2fi 5 30 29 28 21 26 -� 30 29 28 21 26 w Sk; 4 I , l� sA Tq � s\ 35p �09 1'ulrs llarsh G� 36 31 � 33 34 35 36 31 32 � 33 34 J 35 36�� 3 37_ 33 34 35 P1� s N 36 ! Okeechobee r Tower ■� I �� I OF0 �r w 3 I ,y - - - - - - 5- 2\ 1 6 4 3 2 I 1 r 4 33 2 L 718 I 1 o NW 30 ST >1d. 11 a FOUR �70 'a> SPOT OT 7 SE ,I� 12 IN-THE-SU 16 'w 14 12 LA Z S; Z t. L 1is 17��6 15 14 13 1 1 7 Lu 16 a W Jones ' H j 7 iq < Hummock Cn RCADIA ! � � I t 1 C ST r U) �1 Iry -r 1_. ou 9 Q 13 �= Harding Bridge td -`. 70 _ - Boar Ramp 22 L,-62 Sl RI: �F �� 20 21 c �? `� A� sw is 2 s 21 ��O F�ER 62S7 HI 21 22 23 a 23 24 19 ' g 2.1 I 30 0 =-3 �LUB AN 710 00 Qp �IU 8 27 26 25 30 - - 2 --, ! 29 28 `-�\� �� 8 S 1 25 , 30 ` - w 3 R CREEK ��° \ >/\ 36 � a 34'<-5T T,..— M �r Boat Ramp 35 36 31 2 1 31 �42 -ST ' l9 34 OO 33 34 3f; > ' L_. 4 L ��c� off, ruin 98 e 0 70 6 ,a �r `t I t Ramp �tug a Roat Harnp 441 4 3 "F— o ay 15 15 z \BEAC A UPTHEGROV as JQ H Boat Ramp �c i LAREDO SHORES. Okeeantie 15 ■ -'lRecreation Area B I Z .ir L A K E BLUE CYPRESS, "■ RV RESORT`, O K E E C H O B E E • City of Okeechobee Southeast 3- Avenue #Okeechobee, Florida 34974 *883- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will coverboth a city street and sidewalk. There Is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant ii n,4r C!+ t htW�_LY Today's Date et, 2w Address Sr' &� A-ve- Phone(s) , V3 Name of Property Owner Address Phone(s) Street to be Closed i < t ht!-L-LY-enSo Pa,,-LcVe ; , 3gd 14ye, Dates to be Closed Times) to be Closed 2L. CC _ 5 rn Purpose of Closing Original Signatures of all residents, property owners an_d business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it Is a resident make sure the name and address is legible. (Required of all applications) Attachments Copy of proof of insurance, minimum $1 ML.L4co . (Required of all applications) If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). swClean-up is required within 24 hours. swNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. 59'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. OwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. FwDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT orized Signature Signature Authorized Signature Authorized Signature Donnie Robertson, Public Works Director Date Typed Name & Title % Denny Davis, Chief of Police Date Typed Name & Title / ") - e,'I— Q / L. Keith Tomey, Fire Chief Date Typed Name & Title Date Bill L. Veach, City Administrator Typed Name & Title %,') Bonnie S. Thomas, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: IMP 9 1 4 7 85432 a U72 2 1 W�t4j 3 6, 2 4 5 5 897 38 17604 T D,G�+n 115 Ste-' LIB S . I ;� 1 4 d, '� S +� 0I i 2o- . uo q 'r�44, 330 S i PC4 rrc) �t Ad( c_., c� r� � � C.%C-•�-C�-L/t �l G��c— J �� � `� � 3 - 3 3v�) IR The 'inforniatron contained in this facsnnile tnessage is confidential, may be privileged, and is intended for the use ofthe individual or entity named above. If 1 you, the reader of this message, are not the intended recipient, the agent, or employee responsible for delivering this information to the intended recipient, you are expressly prohibited from copying, disseminating, distributing, or in any other way using airy of the information contained in this facsimile message. ------------------------------------------ Marsh USA Inc. 12/4/01 ------------------------------------- 7:01: PAGE 2/2 RightFAX :. FICATE NUMBER .. :. ,.... CHI -00074765 7-00 _ ... ..,.... 4 �:.. .:.. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED INTHE Marsh USA Inc. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 800 Market Street, Suite 2600 St. Louis, MO 63101-2500 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY %B -ABC-Cas-01-02 A PACIFIC EMPLOYERS INS CO INSURED COMPANY Anheuser-Busch Companies, Inc. Et AI B N/A its Divisions & Subsidiaries One Busch Place COMPANY St. Louis, MO 63118 C COMPANY b GQYI'i/ti'» fill::tfitsuer>eslid.repleSrY:.P1riY Is&tsiGsb.iF.thepciiY.#rt tsoteci.cfsfr. ? ,THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLXj ICY PERIOD INDICATED. NOfWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS CO TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS LTR A GENERAL LIABILITY ISG 1065-99 07/01/01 07/01/02 GENERAL AGGREGATE $ N/A PRODUCTS -COMPIOP AGG $ 2,000,000 COMMERCIAL GENERAL LIABILITY PERSONA- &ADVINJURY $ 2,000,000 CLAWS MADE � OCCUR EACH OCCURRENCE $ 2,000,000 GVVNER'S & CONTRACTOR'S PROT r::� FIRE DAMAGE (Any meAre) $ NIA MED EXP (Any me persm) $ N/A A AUTOMOBILE LIABILITY ISG 1065-99 07/01/01 07/01/02 COMBINED SNGLE LIMIT $ 2,000,000 X ANY AUTO ALL OJVNED AUTOS BODILY INJURY $ --- (Per Foram) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ -- (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ GARAOELIABILITY AUTO ONLY-EAACCIDENT $ OTHER THAN AUTO ONLY. ..........:.:.`:: .:": ANY AUTO EACH ACCIDENT $ rl AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ .. OTHER THAN UMBRELLA FORM OTH A OR RS COMP SATION D WLR C4 2986148 07/01/01 07/01/02 X TORv LIMITS ER A EMPLOYERSLIABILITY SCFC42985399 07/01/01 07101/02 EL EACH ACCIDENT $ 2000000 THE PROPRIETORI INCL EL DISEASE-PCI. ICY LIMIT $ 4,000,000 EL DI SEASEEACH EMPLOYEE $ 2,000,000 PARTNERS/EXECUTIVE -- IEXCL OFFICERSARE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Anheuser-Busch, Inc. Clydesdale Hamlet iCfft4T �-DFE .. ... SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE Okeechobee Chamber of Commerce CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn: Brenda O'Conner LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTSOR REPRESENTATIVES MARSH USA INC. BY Alfred A. Peterfeso 6ju s C] C A •1 R�' '