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2002-05-07 RegularCITY OF OKEECHOBEE MAY 7, 2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor: May 7, 2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Randy Huckabee; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 18 - 24, 2002 as "National Safe Boating Week". Mayor Kirk called the May 7, 2002 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Watford in Pastor Huckabee's absence; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk read the proclamation in its entirety as follows: "Whereas, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a lifejacket are all examples of lack of proper judgment. One particular behavior that can reduce, by approximately 80 percent, the number of boaters who lose theirlives by drowning each year, is the wearing of a lifejacket, and Whereas, a significant number of boaters who lose theirlives by drowning each year would be alive today had they worn their lifejackets; and Whereas, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. Now, Therefore, 1, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida do hereby support the goals of the North American Safe Boating Campaign and proclaim May 18 through 24, 2002 as "National Safe Boating Week" and the start of the year-round effort to promote 317 318 MAY 7, 2002 - REGULAR MEETING - PAGE 2 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of May 18 - 24, 2002 as "National Safe Boating safe boating. l urge all of those who boat to "Boat Smart from the Start" by wearing a lifejacket and practicing Week" continued. 11 safe boating habits. The commendation was presented to Jeanine Jankowski of the Okeechobee Coast Guard Flotilla. B. Proclaim the month of May as "Civility Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 19, 2002 Regular Meeting. VI. AGENDA -Mayor. Mayor Kirk read the proclamation in its entirety as follows: "Whereas, the open exchange of public discourse is essential to the democratic system of government; and Whereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and Whereas, civility, derived from the Latin words "civitas" meaning City and "civic" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government, and Whereas, civility can assist in reaching consensus on diverse issues and allow formutually respectful ongoing relationships; and Whereas, civility can uplift our daily life and make itmore pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of the Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now Therefore,l, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of May as "CIVILITY MONTH' and call upon all citizens to exercise civility toward each other. "No one was present to receive the commendation, it will be forwarded to the appropriate party. Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the April 16, 2002 Regular Meeting; seconded by Council Member Chandler. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. MAY 7, 2002 - REGULAR MEETING - PAGE 3 OF 12 319 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 789 regarding a Council Member Watford moved to read by title only proposed Ordinance No. 789 regarding a rezoning from rezoning from Residential Single Family-1 (RSF-1) to Heavy Residential Single Family-1 (RSF-1) to Heavy Commercial (CHV) located at First Addition to the City of Okeechobee, Commercial (CHV) located at First Addition of Okeechobee, Lots 11 Lots 11 and 12, Block 216; seconded by Council Member Oliver. and 12, Block 216. - City Attorney (Exhibit 1) (Planning board recommends approval). 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. 789 by title only. Attorney Cook read proposed Ordinance No. 789 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 RESIDENTIAL SINGLE FAMILY-1 (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 789, 111 Council Member Oliver moved to adopt proposed Ordinance No. 789; seconded by Council Member Williams. b) Public Comments. 111 Mayor Kirk asks whether there are any questions or comments from the public. There were none. City Planning Consultant John Dulmer addressed the Council regarding the property. Planning Staff Report findings are as follows: Rezoning Petition No. 02-001-R by DRW Investments, LLC for property located at 410 SE 2nd Avenue (Lots 11 and 12 of Block 216, First Addition to City of Okeechobee). The proposed use is not contrary to the Comprehensive Plan since the Future Land Use Map designation is Commercial and two adjoining properties have Commercial uses. The proposed use is a professional office which is authorized under the zoning district in the Land Development Regulations. It will not have an adverse effect on the public interest since the use is low intensity and should not have any adverse affect upon adjacent residential properties. The use is appropriate for the location is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use will not overburden public facilities nor will it create traffic congestion, flooding or drainage problems. It has not been inordinately burdened by unnecessary restrictions. The request is consistent with the Comprehensive Plan and will not grant a special privilege to the applicant. 320 MAY 7, 2002 - REGULAR MEETING - PAGE 4 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public Comments continued. Planning Staff recommends approval and the Planning Board voted unanimously at their March 26, 2002 meeting to recommend approval of the rezoning petition. Mr. Rob Willson, owner of DRW Investments and applicant briefly addressed the Council regarding his proposed project stating that he will meet all necessary codes and requirements. VOTE c) Vote on motion, KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 790 amending Council Member Watford moved to read by title only proposed Ordinance No. 790 amending Section 32 of the Charter Section 32 of the Charter Laws providing for appointment to the Laws providing for appointment to the Office of the City Clerk; seconded by Council Member Williams. Office of the City Clerk - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 790 by title only. Attorney Cook read proposed Ordinance No. 790 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OFATTAINING OFFICEAND THE TERM OF THE OFFICE OF THE CITYCLERK, PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITYCOUNCIL FOR THE CITYOFOKEECHOBEE, FLORIDA; PROVIDING FOR TERMOFOFFICEAND DUTIES THEREFORE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 790. 111 Council Member Oliver moved to adopt Ordinance No. 790; seconded by Council Member Williams. MAY 7, 2002 - REGULAR MEETING - PAGE 5 OF 12 321 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public Comments. Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was a brief discussion between the Council. It was noted that September 3, 2002 is also the first primary election (this ordinance title and explanation will be on that ballot for City voters only). 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. 791 amending Council Member Oliver moved to read by title only proposed Ordinance No. 791 amending the Future Land Use Map; the Future Land Use Map - City Attorney (Exhibit 3), (Land seconded by Council Member Williams, Planning Agency recommends approval). 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. 791 by title only. Attorney Cook read proposed Ordinance No. 791 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635ASAMENDED, BYREVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE III DATE." 2. a) Motion to adopt proposed Ordinance No. 791. 111 Council Member Chandler moved to adopt proposed Ordinance No. 791;seconded by Council Member Watford. b) Public Comments. 111 Mayor Kirk asked whether there were any questions or commend from the public. There were none. 322 MAY 7, 2002 - REGULAR MEETING - PAGE 6 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. City Planning Consultant John Dulmer addressed the Council regarding the property. Planning Staff Report findings C. 2. b) Public Comments continued, are as follows: Comprehensive Plan Future Land Use Map Amendment No. 02-001-SSA by Heritage Affordable Development. Lots 1 through 26 of Block 20, together with Lots 7 through 10, Lot 11 less the West 28 feet of Block 29, all being in the City of Okeechobee. The application is consistent with Policy 2.1(b) of the Future Land Use Element, which includes both the possible uses and densities for multi -family affordable housing. The applicant has proposed approximately fifty-one units. This is within the allowable density. It is consistent with Housing Element, Policy 1.6. The property is served by public facilities and will not overburden them with increased demand. The project is located on a side street, one block West of North Parrott Avenue, the increased impact on traffic will be minimal. The facility is designed as affordable housing for the elderly, this will not create any demand on schools by design. The proposed project is adjacent to other residential zoned property. The applicant owns and has developed a multi- family project in close vicinity to the South fo this subject property. The application is consistent with all standards established in the City's Comprehensive Plan. These include the use, affordable housing requirements, traffic and infrastructure. Based on the above criteria, City Planning Staff recommend approval. The Land Planning Agency considered the application at their April 23, 2002 meeting and unanimously recommends approval. There was a typographical error noted on page two of proposed Ordinance No. 791, the legal description indicates Block 17 and should read Block 29. Council Member Watford moved to amend the ordinance to read Block 29; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAY 7, 2002 - REGULAR MEETING - PAGE 7 OF 12 323 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CLOSING PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M. Vill. NEW BUSINESS. A. Motion to approve an Interlocal Agreement between the City and Council Member Oliver moved to approve an Interlocal Agreement between the City and the County regarding the County regarding drainage problems in Douglas Park - City drainage problems in Douglas Park; seconded by Council Member Williams. There was a brief discussion on this item. Administrator (Exhibit 4). VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Discuss Alley Closing Application No. 64, Block 15, Southwest Alley Closing Application No. 64 was submitted by Gary and Linda Utt. The request is to close the North to South Alley Addition - Gary and Linda Utt (Exhibit 5). in Block 15, South Okeechobee in order to have enough acreage to build ten apartments. There are three other property owners within the block, all of whom signed a Letter of Consent to the alley closing. All utility companies signed the application with no objections and no easements needed. City Staff signed the application with the only 11 objections being from the Public Works Department regarding future drainage needs. Council Member Watford moved to instruct Attorney Cook to draft the appropriate ordinance closing the alley as requested by Alley Closing Application No. 64: seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 324 MAY 7, 2002 - REGULAR MEETING - PAGE 8 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. C. Discuss Street Closing Application No. 65, Southwest 201h Street Street Closing Application No. 65 was submitted by JoAnne Watson. The request is to close Southwest 20`h Street between 2"d and 3' Avenues - JoAnne Watson (Exhibit 6). between 2"d and 3' Avenues to clean area and improve the property. There is an existing shell driveway partially encroaching on the unimproved street. There are three other property owners within the block, all of whom signed a Letter of Consent to the alley closing. All utility companies signed the application with no objections. An easement would be needed by the Okeechobee Utility Authority for the future extension of a sewer line. City Staff signed the application with the only objections being from the Public Works Department regarding future drainage needs. Attorney Cook recommended that in light of the fact that the previous property owners (Jerry and Loretta Hesse) had filed a lawsuit regarding the Council denying their request to close the street and due to the drainage concerns within the area, a Use of Street Agreement might be a better way to handle this. The Use of Street Agreement allows the City to maintain ownership of the street in order to address the drainage in the future and would also allow Mrs. Watson to pave the portion that she needs for her driveway. Council instructed Attorney Cook to meet with Mrs. Watson and bring the matter back to the Council for final consideration. D. Discussion pertaining to Ordinance No. 787 regarding procedures of Attorney Cook advised that when amendments are made to the Land Development Regulations (LDR's), those election of chairpersons to citizens' boards - City Attorney (Exhibit amendments have to be forwarded to the Land Planning Agency (LPA) for their recommendation to the City Council. 7). Ordinance No. 787, which was adopted at the April 16, 2002 meeting regarding procedures of election fo chairpersons to citizens' boards amended the LDR's, but was not sent to the LPA to get their recommendation and therefore is an illegal ordinance. He wanted the Council to be aware of this since the ordinance will be forwarded to the LPA for their recommendation at their May 28, 2002 meeting and will then come back to the Council for final public hearing. E. Discuss request made by Attorney Cook to table the public hearing Ordinance No. 788 was scheduled for final consideration at this meeting. However, as Attorney Cook advised on the date for Ordinance No. 788 amending the Land Development above matter when amendments are made to the Land Development Regulations (LDR's), those amendments have Regulations (LDR's) pertaining to nonconforming uses - City to be forwarded to the Land Planning Agency (LPA) for their recommendation to the City Council. This ordinance was Attorney (Exhibit 8). not forwarded to them, but will be at the May 28, 2002 meeting and then presented to the Council on June 4, 2002. Council Member Watford moved to table the public hearing date for Ordinance No. 788 until June 4, 2002;seconded by Council Member Oliver. MAY 7, 2002 - REGULAR MEETING - PAGE 9 OF 12 325 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED. E. Discuss request made by Attorney Cook to table the public hearing date for Ordinance No. 788 amending the Land Development VOTE KIRK - YEA Regulations (LDR's) pertaining to nonconforming uses continued. CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Discussion pertaining to Okeechobee Utility Authority (OUA) related Council Member Oliver explained that he had been approached by several citizens regarding the excessive hook-up to hook-up fee, etc. - Council Member Oliver. fees charged by the Okeechobee Utility Authority (OUA). It seems like we are driving away industry and potential jobs for the community rather than encouraging them. He asked whether the City's OUA Board representatives (George Long and Steve Nelson), could bring the matter to the entire OUA Board and for them to address and research 11 whether a payment plan could be adopted. There was a lengthy discussion on this matter between the Council, George Long and L.C. Fortner. Mr. Long explained that a payment plan had been recently put in place, And that the Board instructed Executive Director L.C. Fortner to have in the 2002-2003 Fiscal Year Budget a rate study by a consultant. Okeechobee is one of the few communities that does not have impact fees and with the rate study we will be able to see how we compare to other communities. Administrator Veach thanked Mr. Long for appearing on such short notice. Mr. Nelson was not able to be here due to a previous engagement. G. Motion to approve a change order request regarding the bid from Council Member Watford moved to approve a change order request in the amount of five thousand four hundred Big Lake Roofing, Inc for the City Barn - City Administrator (Exhibit dollars ($5,400.00) regarding the bid from Big Lake Roofing, Inc., for the Public Works Facility (City Barn); seconded 9). 1 by Council Member Oliver. There was a brief discussion regarding this item, VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 326 MAY 7, 2002 - REGULAR MEETING - PAGE 10 OF 12 AGENDA COUNCIL ACTION - DISCUSSION -VOTE Vill. NEW BUSINESS CONTINUED. H. Motion to approve a request for payment to Mishan, Sloto, Council Member Watford moved to approve a request for payment to Mishan, Sloto, Greenberg and Hellinger, P.A. Greenberg and Hellinger, P.A. in the amount of $21,363.50 - City in the amount of twenty-one thousand, three hundred sixty-three dollars and fifty cents ($21,363.50); seconded by Administrator (Exhibit 10). 1 Council Member Oliver. There was a brief discussion on this item. Attorney Cook advised that an Executive Session would be held on May 21, 1002 at 7:00 p.m. to discuss the Grit Litigation with Attorney Steve Robbins from the above stated firm. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Discussion regarding staff sick/accrued leave program - City Administrator Veach addressed the Council regarding a proposed policy change in the Personnel Policies and Administrator (Exhibit 11). Procedures Handbook allowing for a voluntary sick leave program for employees to contribute to when emergency situations arise. The intent of the program is that sick leave time is to be drawn for use by fellow employees only in cases of extreme need, and is not to be used for non -serious illness or injury. In order for an employee to participate (contribute their time) they must retain a minimum of sixty hours of their own accrued sick leave. Council Member Watford moved to amend the Personnel Policies and Procedures Handbook by addinq the language as presented in Exhibit 11 (added) paragraphs 3, items "a" through "i". amending paragraph d to include annual leave (will now read "No employee may draw upon and use contributed sick leave time unless the requesting employee has zero hours remaining in accrued sick and annual leave in his or her account") and add an anonymity clause; seconded by Council Member Williams. ffieyf: KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAY 7, 2002 - REGULAR MEETING - PAGE 11 OF 12 327 AGENDA I COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. J. Discussion pertaining to Health Insurance for John Cook - Attorney Following a brief discussion, Council Member Williams moved to allow the City Attorney to participate/enroll in Cook. the City's employee health insurance at his own expense. The Council will review this again at budget time; seconded by Council Member Chandler. ( See R e s o l u t ion No. 0 2- 6). Council Member Williams also noted that as long as doing this did not create an employer/employee relationship it is okay to do since Attorney Cook is considered a contract employee. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. K. Discussion related to Heritage Company's grant application and Mr. Keith Roberts of Heritage Company explained to the Council the conceptual plan for their new development. their Exhibit No. 38 - Keith Roberts (Exhibit 12). Affordable Housing for the elderly located in Blocks 20 and 29 (between Northwest 3' and 51h Avenues and 11" and 12" Streets. This is North of their existing facility, "Okeechobee Commons." It will be a fifty -unit community on approximately 5.59 acres consisting of thirty-three one bedroom/one bath units and seventeen two bedroom/one bath units. Council Member Oliver moved to adopt proposed Resolution No. 02-7; seconded by Council MemberWilliams. Attorney Cook read proposed Resolution No. 02-7 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE WAIVER ORABATEMENT OF CERTAIN DEVELOPER'S COSTS FOR LICENSE, PERMITS, PLAN APPROVAL, OR OTHER FEES CHARGED BY THE CITY FOR QUALIFYING PROJECTS SUCH AS THE CONSTRUCTION OF LOW-INCOME OR ELDERLY HOUSING PURSUANT TO GRANT FUNDING; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." The proposed resolution is abating the City's 10 percent of building permit fees only for twelve months. Council Member Watford moved to amend proposed Resolution No. 02.7, paragraph number one to read " ... the City of Okeechobee, Florida hereby agrees to abate the City's 10 percent of all building permits, site plan review, zoning and/or future land use amendment, and associated fees that are traditionally charged by the City to developers of real property for a period not to exceed twelve months from the date of this resolution...."; seconded by Council Member Oliver. 328 MAY 7, 2002 - REGULAR MEETING - PAGE 12 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. NEW BUSINESS CONTINUED. K. Discussion related to Heritage Company's grant application and their Exhibit No. 38 continued. VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CMC, City Clerk VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:25 p.m. PAGE -1- City of Okeechobee - May 7, 2002 - Regular City Council Meeting - Handwritten Minutes I. CALL TO ORDER - Mayor: May 7 2002 Cif Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by�-�� 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 City Clerk S. Lane Gamiotea Present Absent r.- v' v IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. ( > A. Proclaim the week of May 18 - 24, 2002 as "National Safe Boating Week". f z- �, WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient resources t„ qt-Pnmmnrlgtc thin wirlp vnripty of nipacurP hnntina demands. While beina a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all on examples of lack of proper judgment. One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modem life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. G y;- NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and UU-�tiv proclaim May 18 through 24, 2002 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. j'�., �yr.rt I.�C Ea.•{'� J 3 i'l.''(F:�.L`J �YuCfI �G'C. � !J /.G 2:t-�G tr. �lG�� •2�,F'/l E� t"V Jam. 1 1 B. Proclaim the month of May as "Civility Month". �(-% i'� Whereas, the open exchange of public discourse is essential to the democratic system of government; and Whereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" "c,� meaning citizen, is behavior worthy of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizPn- the State of Florida. Now Therefore, I James E. Kirk, by the virtue of the authority vp-'r' ' 0 0 PAGE -2- the City of Okeechobee, do hereby proclaim the month of May as "CIVILITY MONTW and call upon all citizens to exercise civility toward each other. V. MINUTES - City Clerk A. Council Member moved to dispense with the reading and approve the Summ of Council Action for the April 16, 2002 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION,ARR D - DENIED VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal fo items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A. I.a) Council Member kal moved to read by title only proposed Ordinance No. 789 regarding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) located at First Addition of Okeechobee, Lots 11 and 12, Block 216. (Planning Board recommends approval.) - 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 CAOED - DENIED C) C', 2.a) b) City Attorney to read proposed Ordinance No. 789 by title only. "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 RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member moved to adopt proposed Ordinance No. 789; seconded by Council Member " LU ,Rublic CoWent �'7" �17 ,, g�J W/ �13Z'-vv Av .�� -�; �U � � � �t � Gam.-�c� -- �✓�L�-�` � -�- ° ---u • • PAGE -3- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION C� IED - DENIED B.1.a) Council Member moved to read by title only proposed Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointmentto the office of the City Clerk - City Attorney (Exhibit 2); seconded by Council Member l b) Vote on motion to ready by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER C WATFORD WILLIAMS MOTION ARRIED - DENIED c) City Attorney to read proposed Ordinance No. 790 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member,6 moved to adopt Ordinance No. 790; seconded by Council Member CO. b) Public Comments. = c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION ARR!ED - DENIED L-e" • • PAGE -4- CA.a) Council Member &/ moved to read by title only proposed Ordinance No. 791 amending the Future Land Use Map. (Land Planning Agency recommends approval.) - City Attorney (Exhibit 3); seconded by Council Member CA . b) Vote on motion to ready by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER / OLIVER WATFORD WILLIAMS MOTION AIZRIED - DENIED C) City Attorney to read proposed Ordinance No. �91�J�y title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORfBA 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) C cal Member moved to adopt Ordinance No. 791; seconded by Council Member b) Public Comments. yZ6-L_ y�liu�ti, /l J /J 4 P d J C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD �. WILLIAMS MOTION �A�RJE D -DENIED CLOSE PUBLIC HEARING - Mayor • • PAGE -5- VIII. NEW BUSINESS. A. Council MemberC,-t2 moved to approve an Interlocal Agreement between the City and the County regarding drain ge problems in Douglas Park - City Administrator (Exhibit 4); seconded by Council Member . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION ED - DENIED PAGE -6- B. Discuss Alley Closing Application No. 64, Block 15, Southwest Addition - Gary and Linda Utt (Exhibit 5). kli L i 4i�-c el -I U v PAGE -7- C. Discuss Street Closing Application No. 65, Southwest 20th Street between 2nd and 3rd Avenues - JoAnn Watson (Exhibit 6). ? -7t PAGE -8- D. Discussion pertaining to Ordinance No. 787 regarding procedures of election of chairpersons to citizens' boards - City Attorney (Exhibit 7). 9 14 0 PAGE -9- E. Discuss request made by Attorney Cook to table the public hearing date for Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 8). • • PAGE -10- F. Discussion pertaining to Okeechobee Utility Authority (OUA) related to hook-up fees, etc. - Councilman Oliver. loom Z Prclo' > L Ir- I -�7rql' Gj �00 �^ PAGE -11- G. Council Member moved to approve a change order(equest regarding the bid from Big Lake Roofing, Inc. for the City barn - City Administrator (Exhibit 9); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION C R D DENIED H. Council Membermoved to approve a request for payment to Mishan, Sloto, Greenberg & Hellinger, P.A. in the amount of $21,363.50 - City Administrator (Exhibit 10); seconded by Council Member A( . -�Jvl 7(2 ZL VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTIONDENIED PAGE -12- 1. Discussion regarding staff sick/accrued leave program - City Administrator (Exhibit 11). zi 64' a Lam`2 • • PAGE -13- J. Discussion pertaining to Health Insurance for John Cook - Attorney Cook dD -1- 7__ G& Cx- ive 7 _,C 12J L v • • PAGE -14- K. Discussion related to Heritage pany s grant application and their Exhibit No. 38 - Keith Roberts (Exhibit 12). • • ii PAGE -1- it City of Okeechobee - May 7, 2002 - Regular City Council Meeting - Handwritten Minutes I. CALL TO ORDER - Mayor: VV& May 7, 2002, City Council Regular Meeting. 6:00 p.m. TDCt6tu,2 WO Cif a II. OPENING CEREMONIES: Invocation offered byPggiai4 ; 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 City Clerk S. Lane Gamiotea Present L Absent v v- IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 18 - 24, 2002 as "National Safe Boating Week". WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we -have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment. One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 18 through 24, 2002 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to 'Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. B. Proclaim the month of May as "Civility Month". `fi J Whereas, the open exchange of public dis6ourse is essential to the democratic system of government; and Whereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of E • PAGE -2- the City of Okeechobee, do hereby proclaim the month of May as "CIVILITY MONTH," and call upon all citizens to exercise civility toward each other. V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the April 16, 2002 Regular Meeting; seconded by Council Member. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER v" OLIVER WATFORD WILLIAMS MOTION �RiiE�DENIED VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal fo items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor (D • - i 1 A.1.a) Council Member 1 AO moved to read by title only proposed Ordinance No. 789 regarding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) located at First Addition of Okeechobee, Lots 11 and 12, Block 216. (Planning Board recommends approval.) - City Attorney (Exhibit 1); seconded by Council Member _6L - b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK v CHANDLER OLIVER WATFORD WILLIAMS MOTION RRIED - DENIED C) City Attorney to read proposed Ordinance No. 789 by title only. "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 RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member_ moved to adopt proposed Ordinance No. 789; seconded by Council Member `u i b) Public Comments. \-U�1 ' i) i�)_yAJQJ-L_ iU1()iiC} L1iSfCJLl, 1-s?cf1.xt�Uld�y� J I� e uA e. '! �`d to�Y7 t ��, . ��:��1:� -i-z� ��.'�,��G;uc, �.�.�� %C�i.��S I.UL�-.l ��C�-u(. -�Z� �1� a�-�� • �.�L �-�.��.t.;'� • 0 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER OLIVER ✓ WATFORD WILLIAMS v MOTIO CARR\ - DENIED PAGE -3- B.1.a) Council Member OU.) moved to read by title only proposed Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointment to the office of the City Clerk - City Attorney (Exhibit 2); seconded by Council Member C'C) b) Vote on motion to ready by title only. VOTE YEA NAY _ABSTAIN ABSENT KIRK CHANDLER OLIVER L/ WATFORD WILLIAMS t MOTION RRIED - DENIED c) City Attorney to read proposed Ordinance No. 790 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member ti moved to adopt Ordinance No. 790; seconded by Council Member - o- b) Public Comments. ;\ t QCT- Loll 1 � d r r _ c f�C { �I -' .-'L C v c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS L-- MOTION RI - DENIED r Cull (-� • • PAGE -4- CA.a) Council Member ;U moved to read by title only proposed Ordinance No. 791 amending the Future Land Use Map. (Land Planring Agency recommends approval.) - City Attorney (Exhibit 3); seconded by Council Member LgL. b) Vote on motion to ready by title only. VOTE YEA NAY _ABSTAIN ABSENT KIRK CHANDLER OLIVER. WATFORD (j WILLIAMS C/ MOTION C RRIED - DENIED c) City Attorney to read proposed Ordinance No. 791 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 0- moved to adopt Ordinance No. 791; seconded by Council Member ('�, ;k . b) Public Comments.,. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER ✓ WATFORD WILLIAMS MOTION RRIED ; ENIED CLOSE PUBLIC HEARING - Mayor & ' 3 . • PAGE -5- VIII. NEW BUSINESS. A. Council Member moved to approve an Interlocal Agreement between the City and the County regarding drainage problems in Douglas Park - City Administrator (Exhibit 4); seconded by Council Member. U tic L��C' 4 _ 1 / � p1 l VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTIO CARRIED - DENIED • • PAGE -6- B. Discuss Alley Closing Application No. 64, Block 15, Southwest Addition - Gary and Linda Utt (Exhibit 5). _Pi.�-�ll,� l� 1 lOJ` E PAGE -7- C. Discuss Street Closing Application No, 65, Southwest 20th Street between 2nd and 3rd Avenues - JoAnn Watson (Exhibit 6). �j \-Atlu (A toaJ J .J� \ PAGE -8- D. Discussion pertaining to Ordinance No. 787 regarding procedures of election of chairpersons to 9 9 rP citizens' boards - City Attorney (Exhibit 7). PAGE -9- E. Discuss request made by Attorney Cook to table the public hearing date for Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 8). 0 LJ PAGE -10- F. Discussion pertaining to Okeechobee Utility Authority (OUA) related to hook-up fees, etc. - Councilman Oliver. (z� UA ctkd,+ �),,t "A"Ic, Ifuu oL (di /--L LU Ul�) tra t ira - Le U&L)t4 4,o, V - (3�-ptJ OCkc, ,IL sh c cd 4( W) CU, 1 C \L 1t }PC LIJ, b-,LLC k4L� WK 1,1CCLU J(Iict CL U-+CU- kJ aulxuE � O-k dd lbu'vn3 (o J Y/L&v C� Li t/clu lk axa a, Z,(-/ axe A Lukliu�-�i aka C, ka,4u, C-kAi, u, ti) wu-) • PAGE -11- G. Council Member_ moved to approve a change order request regarding the bid from Big L�e Roofing, Inc. for the City barn - City Administrator (Exhibit 9); seconded by Council Member -)J L L T�3 r ACC. fLU' ��(� r f �. �� C �C C-n_ f� ( JLCI fz Zc� L.G �_ ��1C lC� p ac-/k�. �CtJL '�!v�,{'L J �i�Cz LL G� add 4 i `.' - o-)().;11J i,D i (. 'l fl (tlt ,� C L �� I.J�p i ,t` °y Z C� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER v �r� WATFORD t✓ J ) J WILLIAMS MOTION ARRIED DENIED H. Council Member 1 moved to approve a request for payment to Mishan, Sloto, Greenberg & Hellinger, P.A. in the amount of $21,363.50 - City Administrator (Exhibit 10); seconded by Council Member ft . LLC'��EALL? Ck ko ��110,a, U !i ,' ( !( AD VOTE YEA NAY ABSTAIN ABSENT KIRK i. CHANDLER f OLIVER WATFORD v �� WILLIAMS /- IE - MOTION � RDENIED 0 0 PAGE -12- 1. Discussion regarding staff sick/accrued leave program - City Administrator (Exhibit 11). 0 0 PAGE -13- J. Discussion pertaining to Health Insurance for John Cook - Attorney Cook a-a-tt CO-L L2mpjcy'k I'D 'Alwy hurvJ 4m, 136 JAW -it Mam 4� O/Ck- Oil (Own vktc Yr,-,t, cc/ C oil • U PAGE -14- K. Discussion related to Heritage Company's grant application and their Exhibit No. 38 - Keith Roberts (Exhibit 12). v Dccu i�,- I --,, -1 " - I,j AFFIDAVIT OF POLISHER OKEECHOBEE THAES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a PI IRI 1C NQTICF PQ # 11 73R in the matter of City Council Meeting Notice CITY OF OKEECHOBEE 55 SE Third Avenue Okeechobee FL 34974-2932 863-763-3372 In the Court, was published in said newspaper in the issues of 09-02-2002 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1 _ lr tali J. W. Owens, (Publisher) Sworn to and subscribed before me this o? /;;� day of A.D. 2002 (SEAL) O`P,gy ptj OF.RLCIALWARIM RO5EALEE A 8RENNAN _ » COMMISSION NUM8ER Q CC 940770 9�F QCr� MY COMMISSION EXPIRES OF f1.IUNE 25.2004 CITY OF OKEECHOBEE MAY 79 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: May 7, 2002, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Pastor Randy Huckabee; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea • IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of May 18 - 24, 2002 as "National Safe Boating Week". B. Proclaim the month of May as "Civility Month". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 16, 2002 Regular Meeting. Msv 7 20M - f 1Tv f nriwrir. Ar_Fxns - Per-F 2 nF d VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to read by title only proposed Ordinance No. 789 regarding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) located at First Addition of Okeechobee, Lots 11 and 12, Block 216. (Planning Board recommends approval.) - . City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 789 by title only. 2.a) Motion to adopt Ordinance No. 789. b) Public Comments. c) Vote on motion. B.La) Motion to read by title only proposed Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointment to the office of the City Clerk - City Attorney (Exhibit 2). . b) Vote on motion to ready by title only. c) City Attorney to read proposed Ordinance No. 790 by title only. 2.a) Motion to adopt Ordinance No. 790. b) Public Comments. c) Vote on motion. 40 MAY 7, 2002 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. C.La) Motion to read by title only proposed Ordinance No. 791 amending the Future Land Use Map. (Land Planning Agency recommends approval.) - City Attorney (Exhibit 3). b) Vote on motion to ready by title only. c) City Attorney to read proposed Ordinance No. 791 by title only. 2.a) Motion to adopt Ordinance No. 791. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Motion to approve an Interlocal Agreement between the City and the County regarding drainage problems in Douglas Park - City Administrator (Exhibit 4). B. Discuss Alley Closing Application No. 64, Block 15, Southwest Addition - Gary and Linda Utt (Exhibit 5). C. Discuss Street Closing Application No. 65, Southwest 20' Street between 2nd and 3rd Avenues - JoAnn Watson (Exhibit 6). D. Discussion pertaining to Ordinance No. 787 regarding procedures of election of chairpersons to citizens' boards - City Attorney (Exhibit 7). E. Discuss request made by Attorney Cook to table the public hearing date for Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney ( Exhibit 8). • MAY 7, 2002 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. F. Discussion pertaining to Okeechobee Utility Authority (OUA) related to hook-up fees, etc. - Councilman Oliver. G. Motion to approve a change order request regarding the bid from Big Lake Roofing, Inc. for the City barn - City Administrator (Exhibit 9). H. Motion to approve a request for payment to Mishan, Sloto, Greenberg & Hellinger, P.A. in the amount of $21,363.50 - City Administrator (Exhibit 10). I. Discussion regarding staff sick/accrued leave program - City Administrator (Exhibit 11). J. Discussion pertaining to Health Insurance for John Cook - Attorney Cook K. Discussion related to Heritage Company's grant application and their Exhibit No. 38 - Keith Roberts (Exhibit 12). IX. 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 proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ni t a+ r ^ .cam Office of the Mayor �.. - Okeechobee, Florida z WHEREAS, recreational boating is fun and enjoyable. We are fortunate that we have sufficient T resources to accommodate the wide variety of pleasure boating demands. While a marvelous source of recreation, boating to the unprepared can be a risky sport. Not kL knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating ` a boat, or choosing not to wear a life jacket are all examples of lack of proper judgmentry One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modem life jackets are more comfortable, more attractive and more wearable than j styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 18 through 24, 2002 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits. In witness whereof I have hereunto set my `i hand and c d this seal to be affixed. James E. Kirk, Mayor..., -; Attest: Bonnie S. Thomas, CIVIC, City. CIO - Date: May i • ,° "fix., '� = '",,.�'� I t• _ J i man • p' a Office of the Mayor AA Okeechobee, Florida�� l4 IAfhereas, the open exchange of public discourse is essential to the democratic system of governrriet 7 `' and hereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and Whereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and hi yt Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks 'a detract from the open exchange of ideas, prevent fair discussion of the issues, and can "{ discourage individuals from participation in government; and° Whereas, civility can assist in reaching consensus on diverse issues and allow for mutually respectfulr yt ongoing relationships; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and .� Cyr Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. `i Now Therefore, I James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of a; ,,. Okeechobee, do hereby proclaim the month of May as "CIVILITY MONTH," and call upon all k citizens to exercise civility toward each other. ,r x' In witness whereof I have hereunto set my :y han d caused this seal to be affixe James E. Kirk, Mayor , Attest: Bonnie S. Thomas, CMC, City C Date: a , AI ,i 9. ,.» .. lip —� r �`+�eic,`+sr+'�l►.�liX • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA NOTICE OF PUBLIC HEARING ` CITY OF OKEECHOBEE, FLOR INA - COUNTY OF OKEECHOBEE PLEASETAKENOTICEthelt he City Council of the City of Okeechobee, May 7, Before the undersigned authority personally appeared2002 Florida, will on Tuesday, at 6:00 p.m. or as soon Okeechobee Judy Kasten, who on oath says she is publisher of the Okeechobee at Okeechobee, in thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL News, a DAILY New published Okeechobee County, Florida; that the attached copy of advertise- conduct a PUBLIC HEARING on andthereafter of eerreafte consider final read- ing o rrient, being a \ `Z' �y law: NO. F7�g, AN ORDINANCE OF THE CTf� OF OKEENC01 , FLOOA AMENDING THE OFFI- OF OKEECHO- tii CIALMZONING MAP BEE BY REZONING.A CERTAIN. TM CT OF LAND MORE PARTICU - LARLY DESCRIBED'HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DIS- TRICT TO HEAVYY7 COMMERCIAL ICHV) ZONING ' DISTRICT, AAMENDING THE ZONING MAP AC - in the matter of CORDINGLY, PROVIDING . FOR CONFLICTS, SEVERABILRY, AND AN EFFECTIVE DATE. of the public are eo- (� J PAll oZed to in ed ii g. Th and pardc0lpate The propoI rifts nhearing. bre may be Inspected an-- 0rety Dy members at the Pubik: in Cleric dunng the Office of the City business hours, Monday-f-, in the 19th Judicial District of the Circuit Court of Okeechobee reregpular riday 8.00 am. 4 30 P.m.', ex - ceM for hod E County, Florida, was published in said newspaper in the issues Ath n ADVISED �MY�de to appeal decision madethe of y City CCbuw with respectmany -u0 � 2'' such interested tereesteed person idered at will n� a record of the proceedings and for may need to ensure such purpose a verbatim recorrdd of the proceed devidence cl destheatestimony.andhich upon which the meal- is to be Affiant further says that the said Okeechobee News is based. City Clerk tapes are for the soki purpose of badcuP for otecia records of the Clerk %. a newspaper published at Okeechobee, in said Okeechobee has heretofore been In accordance wfth the Americans ' with Disabn Act tDA) and Flod- with County, Florida, and that said newspaper continuously in said Okeechobee County, Florida da Statutes 86.2 , persons disabilities i da to p�ci� m thicOm- s Pro - published each week and has been entered as second class mail matter at eding Should corded BoMie ceThomas no later than two (2) work - the post office in Okeechobee, in said Okeechobee County, in, days prior to the proceedingp at 863 763-3372, mansion 215; d Florida, for a period of one year next preceding the first h(earur or voice impaired, call TDO Relay of the attached copy of advertisement; and afftant Se3�:8 p s55r9770aa publication further says that she has neither paid nor promised any person, commission or refund BONNIE S. THOMAS, CMC firm or corporation any discount, rebate, of securing this advertisement for publication in CITY CLERK ,,,,, _ nu a»ems for the purpose the said newspaper. .� 1�subcriZbefor�e sw and this A.D. 20 day, of ( —� r t ,n � � r�%1'`r r � �'� •J 1 en R. Brown Notary Public, State of Florida at Large ;. ..••° _Commission # CC 902300 =?f Expires Jan. 17, 2004 Bonded Thru grrr , Atlantic Bonding Co., Inc. • • EXHIBIT 1 — MAY 7 AGENDA ORDINANCE NO. 789 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 RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) 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 0.309 acre(s) from Residential Single Family (RSF-1) Zoning District to Heavy Commercial (CHV) 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 11 and 12, Block 216, First Addition of Okeechobee, according to the Plat thereof, recorded in Plat Book 5, Page 6 of the Public Records of the County of Okeechobee, State of 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 Residential Single Family (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT Page 1 of 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 161h day of April, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7 th day of May, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she's publisher of the Okeechobee News, a DAILY Newspaper Florida e�Pthe attached copy of ished at Okeechobee, in Okeechobee County, advertise- ment, being a in the matter of - Al in the 19th Judicial District of the Circuit Court of Okee issues County, Florida, was published in said newspaper of ')/r7 W% i NOTICE OF PUBLIC HEARING CtfY OF OKEECHOBEE, FLORIDA PLEASETAKE knuthatthe Cny Council of the CiN of Okeechobee, Florida, will an Tuesday, May 7„ 2002 at &OO: ptm. or as soon hemetter as possible; at City Hall, 55 SE 3rd Avenue, Okeechobee, FL conduct a PUBLIC, HEARING on and thereafter considrdinan read - Iry d of to follow' r law. N C 79� AN pROMANCE OF THE- CIiP OF OKEECHOBEE, FLORIDA AMENDING THE CHAR- TER. OF; PARTICU- . 9!-THERE10 1PaninfidR FOR AMENDMENT TO P 0 I CLERK III THE. ' 'GA' I] OF- EFbRE ' BILITY WME iWta-en- " public in tF daintF . , oirdayex- AND BE " n, desires de by the A to an matter considered at this neanng, such Interested person will need a record of the proceedings and for such purpose may need to ensure a verbatim record of the proceed- ings Is made, which record in- . cludss the testimony and evidence upon which the appeal is fa be based, City Clerk tapes are for the sole purpose Clbackup for official ---- Affiant further says that the said Okeechobee News is in Okeechobee records of the in accordance with the Americans with Dlsabrlity Act (ADA) and Flon- with a newspaper published at Okeechobee, said County, Florida, and that said newspaper has heretofore been s 2 persons , da Statutedisabllkies neee8diial; special accom- modatiooto participate in this pro• Y continuously in said Okeechobee County, Florida ceeding should contact Bonnie Thomas no later than two (2) work' published each week and has been entered as second class mail matter at ing days prior to the proceeding at 5 erdension 2t ; ti the post office in Okeechobee, in said Okeechobee County, next preceding the first (853)753-3372, he nq or voice impaired, call TOO , (BG3)534.7777, or Florida Relay Florida, for a period of one year attached copy of advertisement; and affiant Sernce t-800-955-9770. . publication of the Person, further says that she has neither paid nor promised any BONNIE S. THOMAS, CMC CITY CLERK firm or corporation any discount, rebate, commission or refund f ublication in 78 476 o au? for the purpose of securing this advertisement of p the said newspaper. S o and subscribed before me this day of A.D. 20 a�L R. Brown Notary public, State of Florida at Largt=s?Al'�U Commission # CC 902300 ,a- Expires Jan. 17, 2004 Bonded Thru �9;fOfi� o� Atlantic Bonding Co., Inc. au . EXHIBIT 2 ^- MAY 7 AGENDA ORDINANCE NO. 790 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the charter laws for the City of Okeechobee, Florida provide for the office of City Clerk in section 32 thereof, which section further provides for the Clerk to be elected by the qualified voters of the City of Okeechobee; and WHEREAS, the charter laws were adopted for the City of Okeechobee by Chapter 7208, special act of the Florida Legislature in 1915, and the office of City Clerk has been an elective position since its inception; and WHEREAS, over the years, the City Clerks for virtually every municipality in the State of Florida have formed a professional association which provides for the sharing of information, and continuing education on topics of mutual interest to the office of Clerk; that provides for certifying Clerks as certified municipal Clerks upon their attaining a degree of proficiency and education; and which office by gradual state wide trend, has become primarily a body of appointed, rather than elected Clerks; and WHEREAS, since the creation of the office of City Clerk in the City of Okeechobee in 1915, the volume of Federal, State and local laws, record keeping methodology, office technology, and general duties of the City Clerk that pertain to the office have grown tremendously, which requires vast knowledge by the City Clerk, and the appointment of one or more assistants to assist in meeting the great demands of the office; all of which makes it imperative that the person holding such office must possess and display an extensive background of education, experience, and temperament sufficient to meet the demands of the office; and WHEREAS, the City Council for the City of Okeechobee believes that the appointment of a City Clerk by the City Council, after careful and due deliberation, and examination of an applicant's background and experience in the office of City Clerk, or other appropriate professional fields, with references and recommendations from past positions held by the applicant, all subject to public comment at open public hearings on the appointment of the position, will yield the appointment of a person in this position well qualified and experienced to meet the great demands of today's City Clerks; and WHEREAS, the City of Okeechobee, Florida is authorized by the charter laws, section 25 thereof, as well as Florida Statutes 166.031, to amend the charter laws, or any part thereof, by ordinance submitted to the electors of the City; NOW, THEREFORE, be it resolved and adopted by the City of Okeechobee, Florida, as follows: 1. THAT section 32, charter laws for the City of Okeechobee, is amended to delete the requirement that "He shall be elected by the qualified voters of the City...", and in its place and stead, insert that "The person holding the office of City Clerk shall be appointed from time to time by majority vote of the City Council for the City of Okeechobee, and shall hold the position as department head in the manner of, and as provided in, section 2-44, Code of Ordinances for the City of Okeechobee...". Page 1 of 2 2. THAT the duties of the City Clerk as provided in the charter laws and in the Code of Ordinances for the City of Okeechobee shall remain unchanged, subject to further change by resolution from time to time as adopted by the City Council pursuant to section 2-1, Code of Ordinances. 3. THAT this ordinance shall be submitted for vote of the electors of the City of Okeechobee by special election set therefore on September 3, 2002, which shall be approved or fail by majority of the electors then voting in said referendum. 4. THAT upon approval of this ordinance by majority vote of the electors of the City of Okeechobee, the City Clerk shall cause a revised charter to be filed with the Department of State, State of Florida, and said ordinance to be filed with the Clerk of Court, Okeechobee County, Florida. 5. THAT if approved, this ordinance shall have an effective date of January 7, 2003, or at such time thereafter as necessary for the City Council to appoint a successor to the person then holding office as City Clerk. 6. THAT if this charter amendment is not approved, the City Clerk is directed to take the necessary steps for the registration and qualification of candidates for the position of City Clerk for election in the general election of November 5, 2002 as currently provided by local and state law. 7. THAT should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional. INTRODUCED for first reading and set for final public hearing on this W day of A Ell, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7' day of May, 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 EXHIBIT 3 — MAY 7 AGENDA ORDINANCE NO. 791 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.636 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. 02-001-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: Being all of lots 1 through 13, Block 20 Okeechobee according to the plat thereof as recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County Florida Containing 2.31 acres, more or less Together with: Being all of lots 14 through 26 inclusive, Block 20 Okeechobee according to the Plat thereof as recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County Florida Containing 2.31 acres, more or less Together with: Page 1 of 2 Being all of lots 7 through inclusive, Lot 11 less the west 28 feet thereof, the north 7.50 feet of he vacated alley (15 feet wide) adjacent to said described lots, BI 17 keechobee, according to the plat thereof as recorded in Pla 1, Page 10 of the Public Records of Okeechobee County Florida Containing 0.88 acres, more or less 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. 791 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7th day of May, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk ADOPTED after first reading on the 71 day of May, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 CITY OF OKEECHOBEE LAND PLANNING AGENCY APRIL 23, 2002 SUMMARY OF AGENCY ACTION AGENDA I. CALL TO ORDER - Chairperson Land Planning Agency April 23, 2002, 7:15 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Daniel Creech Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold III. Minutes - Secretary Page 1 of 3 - VOTE Chairperson Walker called the April 23, 2002 Land Planning Agency meeting to order at 7:21 p.m. Board Secretary Arnold called the roll: Present Present Present Present Absent (with consent) Present Absent (with consent) Absent (without consent) Present (served as a voting member) Absent (with consent) Present A. Motion to dispense with the reading and approve the Summary of Agency Action Board Member Keller moved to dispense with the reading and approve the Summary of Agency for the August 28, 2001 and September 25, 2001 meetings. III Action for the November 27, 2001 regular meeting; seconded by Member McCoy. VOTE HOOVER - YEA .TONES - YEA KELLER-YEA LEDFERD - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. 2002 - Land Planning Agency - Page 2 of 3 IV. NEW BUSINESS. A. Consider Comprehensive Plan Map Amendment Application 02-001-SSA, Consider a recommendation to City Council, to change the land use designation from Single Family to Multi Family located within the 300 Block of N.W. I I" and 12`h Streets (Legal: Lots 1 through 26, inclusive, of Block 20, and Lots 7 through 10, inclusive, Block 29, City of Okeechobee Subdivision). The property owner is Vandertrust, Inc. The applicant is Heritage Affordable Development; Keith Roberts, Agent. �J N - DISCUSSION - VOTE Keith Roberts, agent for the applicant addressed the Agency, he explained the purpose for the request was to allow for an addition of affordable housing for the elderly near the existing Okeechobee Commons previously developed by the applicant. He explained that they are in the process of applying for State grants to help assist with the funding of the project. The Agency had no questions. Mr. Jock Robertson, City Planning Consultant described the subject property and gave a brief background of the surrounding properties. He explained that the application was for an entire block and on adjacent property there also was three lots to be included with the request. Mr. Robertson said that the subject property is zoned as Residential Multi -Family (RMF) and designated as Single Family on the Future Land Use Map. Mr. Robertson recommended that the Land Planning Agency recommend approval to the City Council for the request of Comprehensive Plan Map Amendment Application 02-001-SSA, requesting to change the land use designation from Single Family to Multi Family. There was no further comment from the public. The Agency had no comment. Member Ledferd moved Application No. 02-001-SSA is in compliance with the Comprehensive Plan and recommend approval to the City Council; seconded by Member Keller. VOTE HOOVER - YEA .TONES - YEA KELLER - YEA LEDFERD - YEA MCCOV - YEA WALKER - YEA MOTION CARRIED. There being no further items on the agenda, the meeting was adjourned at 7:07 p.m. 2002 - Land Planning Agencv - Page 3 of 3 V. ADJOURNMENT - CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 11 ATTEST: Carolyn Arnold, Secretary 0 Jerry Walker, Chairperson 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 Staff Report —Small-Scale Land Use Amendment From Residential Single Family (RSF) to Residential Multi Family(RAIJF) Petition No.02-001 SSA Prepared fog: The City of Okeechobee Staff Report • HeritageAffordable Development Small -Scale Comprehensive Plan Amendment Petition No. 02-001 SSA The subject property is approximately 5.5 acres. The applicant intends to develop the property as affordable multi -family housing for the elderly. This development will have public utilities. Adjoining property uses are as follows: North: Vacant: (Residential Multi -Family - RMF) South: Multi -Family (Okeechobee Commons): (Residential Multi -Family — RMF) East: (Residential Multi -Family — RMF) West: (4) Houses on Block 2: (Residential Single -Family — RSF) The property is zoned classification of Multi-Family(RMF), and is designated Single Family on the Future Land Use Map (FLUM). The applicant proposes to amend the FLUM to allow the construction of multi -family development known as Okeechobee Commons Two. This would provide consistency with existing zoning and would be consistent with the land uses in the area. The applicant currently operates a multi -family facility, Okeechobee Commons, to the South of the subject property. With the requested use, if granted, there would be consistency with the zoning which would allow for the operation of multi -family housing The Land Planning Agency and Council are required to address certain areas in conjunction with the Comprehensive Plan, which may be categorized as follows: A. Consistency with the Land Use Categories and Plan Policies. The application is consistent with Policy 2.1 (b) of the Future Land Use Element, which includes both the possible uses and densities for multi -family affordable housing. The applicant has proposed approximately 51 total units. This is within the allowable density which is 60.5 based on the total size of the project encompassing 5.5 acres and the provision of affordable housing as outlined in the Housing Element of the Comprehensive Plan in Policy 1.6. B. Concurrency of Adequate Public Facilities. The property is served by public facilities and will not overburden them with increased demand. Because the project will be located on a side street and one block from Parrott Avenue, the increased impact on traffic will be minimal. The facility is designed as affordable housing for the elderly; this will not create any demand on schools by design. Staff Report Heritagffordable Development Small -Scale Comprehensive Plan Amendment Petition No. 02-001 SSA C. Compatibility with Adjacent and Nearby Land Uses. The proposed project is adjacent to other residentially zoned property. The Heritage Affordable Development owns and has developed a multi -family project in close vicinity to the south. The property's location does lend itself to multi -family development because of its close proximity to Parrott Avenue and supply of public facilities. D. Compliance with the Specific Standards of the Plan. The proposal is consistent with all standards established in the City's Comprehensive Plan. These include the use, affordable housing requirements, traffic, and infrastructure. Notice of Proposed Action: This application and its appearance before the Land Planning Agency and 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. 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 4/ 18/02 Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: US/Mall Scale Amendment (Under 10 Acres) QLar0e Scale Amendment (Over 10 Acres) Name of Property Owner, 1A 0 D C-QT2 AvC. Mailing Address I I eS t4)(e SkbP j2( ()0 EAS% (015S I S5A LuA, OA� FAQ v►LSE—/61 Home Telephone Work Telephone q6S-- 27q -07-7 a Name of Applicant, *If other than owner, (relationship) gelzl1A6rG A -+Fc-2DAW 5u)41-P 11S Applicant Mailing Address 5 5O!E; AU-e Cry `�F-w-k R I 3 2g( 3 I-lome Telephone 321 -1 83- 3 SS7 Work Telephone32l7'?e('1y DIM Property Address/Location ECC'KK #2 Z5 0 Sl�- A\-�� A&�Q �.c� 3 i2-b AvW- ` }vex M � Q) l2 s i A AjO M , 11 ST, A, L.� Lc -S 10 a E -7 Property Parcel Number 10 WC(c -)--q �S�C /� ► T1�c6�w tiTi Current Zoning Designation I�'D�r�l7�� NIUC►, F�Y�� Current Future Land Use Designation Q2-&QD&-JAL 5rL,'q(j2 �R)VIAIL- Existing Use of the property U ACA-0 T' L-A OF) Proposed Future Land Use Designation�'�L Proposed Use of the Property 6EEOt2D, l C.L-Dfkcy SO C)AAfs Size of Property (in acres) Description of Surrounding Properties A00 0 CG''nwl©tiS �FAV" Th lS S (TE c0tc( `B!E ?I ASE 1L. 6F Ok cl�c� L��k� CCmniti� �,ry Legal Description of Property (Lengthy Description May Be Attached) i _ Legm- ComwQ wI cS 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 0 u THE HERITAGE COMPANIES March 25, 2002 City of Okeechobee Building and Zoning Department Okeechobee, Florida Regarding: Comprehensive Plan Map Amendment Application Dear Sir or Madam: Attached hereto please find: 1. Comprehensive Plan Map Amendment Application 2. Notarized Letter of Owner's Authorization 3. Application Fee of $500.00 4. City Location Map 5. Survey (forthcoming as indicated acceptable by the City) 6. Executive Summary outlining the proposed development for which the request is being made. Our request provides for the addition of quality housing within the City of Okeechobee in the form of a Phase 2 development for the existing Okeechobee Commons development. This request conforms to the existing zoning designation for the subject property. Time is of the essence for our request as the funding application necessary for our proposed development is due in Tallahassee no later than 5:00 p.m. on April 150'. Once the requested land use amendment is approved, we will be able to obtain a threshold form required for our funding request. Should you have any questions, please contact Keith Roberts at 321-799-4090 extension 205, or on his cell at 321-591-6148, or myself at extension 225 or cell at 321-591-6144. Thank you for your consideration and time in our efforts to work with the City. Sincerely, CAlisoWerT-- Col Enclosure cc: Okeechobee Non Profit Housing, Inc. 5505 N. ATLANTic AVENUE, 4115 • COCOA BEACH, FLORIDA 32931 • (321) 799-4090 • FAx (321) 799-0233 Vandertrust Inc. 1185 lakeshore Road East, Mississauga, Ontario, L5E-IGI, tel: (905) 274-0770, fax: (905)274-0037 March 21, 2002 Ms. Alison Kerr -Hull Colvard Heritage Affordable Development, Inc. 5505 N. Atlantic Avenue, Ste. 115 Cocoa Beach, FI 32931 Regarding: Comprehensive Plan Amendment Application Dear Ms. Colvard: This letter hereby conveys to Heritage Affordable Development, Inc. the right to submit application to the City of Okeechobee for a Comprehensive Plan Amendment Application for the below noted property: Lots 7-10, Block 29 Lots 1-26, Block 20 Located between NW P Avenue & NW 5t' Avenue Adjacent to NW I Ith Street The application shall be to modify the Land Use Designation to correspond with the Zoning Atlas Map and to allow the proposed development that you are contemplating for Lots 7-10, Block 29 and Lots 1-26, Block 20. I certify that I am the legal authorized signator for Vandertrust, Inc. and that this letter shall serve as the Notarized Letter of Owner's Authorization for the Comprehensive Plan Map Amendment Application. Sincerely, 4'4 P er Shishkov, P.Eng. President 0 Return to: 'this instrument prepared by: C. E. Porch 1273 NW Spruce Ridge Dr. Stuart, FL 34994 Property Appraiser's Parcel Identification No.: '�'�S 1 1'T CLAIM DEED Made and executed diW:3 day of A/1' 1-'2002 by Elaine Vanderhelm, TRUSTEE, whose post office address is ql F-1 10.t o R ai pc"i u'hereinafter cnllCd lhC gratttur, and VANlllat'1'1tUS'1', INC., it Florida coipornlion, whose bust oflicc address Is 57#ZS5.E s QAJ+S U4V,� S"17-7 FL hereirtaller called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals;'and the successors and assigns of corporations) Wil IiCSSCull: TlIII I the Klrnntor, for null in considarntion of IIIc 811111 of $10.00 and other vnlunble convideratiuns, rcccilit whereof is hereby acknowledged, by these presents does quit claim, grant, alien, remise, release, and convey unto die grantee, all that certain land situate in Okeechobee County, Florida, to -wit: (E.diibit A attached) T ogedIC1 with all die tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO Have and to Hold, the same in fee simple forever. In Witness W11creof the grantor has caused these presents, the day and year first above written. Signed, sealed and delivered in the presence of: Nannc: Name: Elaine Vanderhelm, Trustee STATE N C , COUNTY &,flyCel)7,0 -- 12 1)4c/ 0/--177/4/gc//oZ00.}— I hereby certify that on this before me, an officer duly authorized to administer oaths and take acknowledgements, personally appeared Elaine Vanderhelm, Trustee known to me to be the person described in and who executed the foregoing instrument. She is personally known to me or has produced .-the " MQwing,,as idendficalion N TARY PUBLIC: • ATTACHMENT PROPERTY PARCEL NUMBERS Pe r TD a 3 - ) S - ^3 -7 — 3 S- Oc) b -- 00 z00 - 00 I C r� OF o kee jibLeo- Lv-FS ( +U 13 W c IS-3-7,3S--6010- ooZoo OfL/0 ckbLeeLoy s H t6 26, ,coc.k- � $ 3- )S-- 3� ZD Ci�Los`�ui�10 L, o T I l l_e s UJ , 2 b `/Z O-t- L,J • ox.EECY0BEE roo OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA EXECUTIVE SUMMARY Okeeclw,� r00 is a 50-unit Elderly rental community designed to meet the needs of persons 62 years of age and older. The proposed community is to be developed on a site of approximately 5.59 acres located in the City of Okeechobee, Okeechobee County, Florida. It is located between N.W. 3Td and 51h Avenues and N.W. 1Ith and 12th Streets. The new community will consist of 33-one bedroom/one bath units, 17-two bedroom/two bath units. The development will have 30 year roofing, exterior lighting in open and common areas, termite prevention and pest control. Each unit will have a fully appointed kitchen with quality appliances (General Electric or equivalent). Each kitchen will have a large refrigerator, range, dishwasher, garbage disposal, and pantry with an adjacent dining room. Each unit will have central air conditioning, cable hook-up, marble windowsills, window treatments, steel exterior entry door frames, ceiling fans, and washer -dryer hook-ups. Additional features include 15% of the units with Roll -In Showers and 100% of the units with the Thermostat placed at 48" height, tight -napped Berber -type carpet, 36" entrances on all exterior doors, all wall electrical outlets at 18"-24" height, scald control valves on shower faucet, fire retardant window treatments, peephole at 4' 10" on all exterior doors, toggle type switches for all lights and fans, adjustable shelving in master bedroom closets, lever -action handles on all doors in units and public areas, and horizontal grab bars around shower and toilet per ANSI requirements. Energy efficient appliances and cooling/heating units will provide maximum efficiency for the community and the resident, including the use of electric utilities. The units are spacious with approximately 750 — 850 square feet of living space. Amenities will include a clubhouse community center, laundry facility, multi -purpose court, covered picnic area with tables and outdoor grill, library, computer learning center, and on -site management. All of the community's units will be offered for rental to future residents under the Low Income Housing Tax Credit and SAIL Programs. Incomes will range from approximately $13,400 to $19,260 per household, depending on household size. Qualifying incomes will be based on current HUD Income Limits. Of the 50 units, 44% (22 units) will be set -aside at 50% of the area median income ($35,700 AMI), with 56% (28 units) to be set -aside at 60% AMI, providing rents ranging from $278 to $400. 0 • Rental rates and set -aside percentages are set forth in the following chart: Unit Type: % of Median Income: Net Rent to the Tenant*: 1/1 50% $278.00 1/1 60% $350.00 2/2 50% $324.00 2/2 60% $400.00 The owner of the development will be a newly formed Florida limited partnership. The general partner will be a newly formed Florida corporation, with Florida based principals, having over 7,000 units of affordable housing in 17 states. The co -general partner will be, Okeechobee Non Profit Housing, Inc., a local, not -for -profit corporation. The proposed equity limited partner would be a Midland Equity Fund entity. Midland Mortgage, out of Clearwater, is the proposed construction/permanent lender. Broad and Cassel, a recognized multi -state tax firm out of Orlando, would serve as the Partnership's real estate and tax attorneys. Reliance Management Services, a national property management firm skilled in the management of housing credit properties, would be the property manager and is also headquartered in Orlando. Heritage Construction Company out of Cocoa Beach will be the general contractor working with local contractors, subcontractors and officials in completing the community. Funding for the development is proposed from: 1) the sale of housing credits providing approximately $3.1 million in equity; 2) a conventional construction loan of approximately $315,641; 3) $1 million subsidy; and 4) deferred fees. Total project costs are anticipated to be approximately $4.2 million. 2 • / B¢ci1`OeuZ r PAMO LIVINGUNING iwididbibibw Wt-" k OKEE HOBEE 5 OKEECH0.8EE i 3 sPol COMPLEX z 4� N Q COL!lAITY 1 g W 23 z La ,5 10 ;,- N ,AIRPORT NW 22 LA 441 Indian River , Community NW 21 LA College 2 � w 20 LA Q RODEO ARENA Nw 17 M HOSPITAL 0 NW 16 ST �� — — — J Z a NW 15 ST Nursing ��' _ NW r 14 ST H� e _ DE N S r, 113 a u' CITY LIM1TS SUBJECT I 12 d PROPERTY ST NE15 ST > NW d �d z 11 T NE 11 ST �> w Q 14FS > = �0©® I NW ❑ 10 ST NE< 10 1 T Fm ,12;❑❑ ST �❑ I `n STD' NE > ■ CSX 116 TRAN PORTATION > NI❑ [b ❑ ST NW 81 ST > 15 '� �QH� > 17 ST7"9 7 1 ST NW 7 S-T L 4 NE u ST Jr ' 9 ®❑© ��Q FOCI CJE: ❑� 7 �, T UGLAS PAF ',15 -NW- a N W 6 a ST NE a -]FIST a U � ((��1I '- NW a a 5❑ ST SSDef Dept a ST EA NE ❑ 5a ST r W LNG 8 r ST ��°° N W a w >— z z �j��11�ST ❑ � ■ Z ^❑ LJ NE l --1F4J `+LT/ NE 4 LA U Ea® w S -� ❑`- �-Z� Z ZPaz �u COl1LeCtor NE ❑ 3 FIF- ST w �w��Z w > > 3 3 3 ST��',�� w w w w W Z NE l z;L�J�a ST z z N W 2 �z�I Z��1 z NE ❑z 2 Z as ST NE F IL 21� ST rn)r1 ourthous C f C r;. - - ' -- - Libl ■ olic Fir Northshore CENTER S N -2 T > u 2 ST Z 7ST CityHall > Q 3 ST /C PO 0 > ? ST ST a 3 ST _ Q �S n t❑3 ❑ ST E ❑3 Ef I> w -CT a a d > ARK 1�2`SE 4 ST > ®❑M❑❑ ST Q SE ❑C T S L4 5E 5 ST Q ,:Jl_-1®❑5 � > sT SE Q 5 ST W oo ®�❑ 5 ❑�� SW 6 T `*r l8a w SE 6 ST 6Ir�9 SE n� �©� SEI 6 LA >- BET ��L I ❑ CTj > �t—IlPE ❑[ 1ST 3 �U R 7 ST o 2� 3 7; Ilk 7 v ST x ST 00 w�� 110 '- rn <n BST 8 ST '' � SW "8 ST 8 � � > (� S E 8 S ai d SW 9 - I ST Ed❑ SE 8 CT' Q —9- CT M cr) 10 ST �DSW❑ 10 ST / 9 STUj 0 EECH01 SW ❑ 11 ST 00 11 ST - 11' 3 y cc 3 12 S�❑ Q y<(/ 12 S 0,13 s sT a OKEECHOBEE E TATES 2 sTo a co 13 ©T I a cc 3 ST c o > ❑❑ N 14 ST I I ST Q 14 CT 14 ST ®1 " I 001 15 u�i rn ST Q 15 1 �T 15 �® W 15 ST rn � 9 BLUE' FiERON =R LA E EST N o � 17 ST 9 ST Li [ > ST F' 1 �� GOLF & COUNTRY cc c� 19 ST F I �L �\ I CLUB Q Q -4.I 20 ❑ ST cn ?y ST (Li_ 33 �Y OODLAND PA.RKu) � 22fn1� sT 2 - ' 28 rr``jj _ n_sT�— v _ 23 ST rL�i� p S� < I A K CT 25 ST °f 11 12 13 14 15 16 `� 11 12 13 14 15 11 12 13 14 15 15 11 12 13 14 15 1e ST I�TTTTTT�T�TTT1 13121110 9 B. 7 8 5, 3 2, , 14151C171B19.20.71 NW 14TH ST (100' NW 1J IH I (/U ) 111111MA NW 12TH ST (10') Fol 10A opu NW 10TH ST (100') �0 $I., m - - 11 co r- 8 9 loll le N. M. f TREET (70'1 4F I? R �K LS 1H STREET (70'1 ill 0 19 - li 1 5 1 10 :2 13 tz 16 TY--UXIIS K W1[4 TH STREET (LOO'l ---CPO 1 113 1 11 Ill 9 is 76 � 4 1 lb!lil,1131211 10 9 6 7 1, t69 B 7 u J 13 I)c IS 18 1921 2 23 2; 9 215- 1 211, 2f 14 11 161 1 IP 11, LI[i 1-1 22z.124,11,L[I it W. 13 Ill STREET 70' 1 13 .1) 1 it) 9 11 to 5, 17 1 R 19 M L I L12 2324:.Jb2 14 J516 17 18 19 20 212223 41212l 1, F, L _- K IL 12 IH STREET I Nr I -T-71 t 413 1 j .11 9 8 i 5 2, I16151. F 7 6 - it 9 111 7 l, If G I Y 'Q 12? 2 1 24 _,I5 !c,l 71 92 21 LLeil P I 18! 12021 1 3 ? 1252 2 3 4 fi 5 7 E13 I Ll�l I 2 0 2 3 212 6=2 T 6 5 4 1 1 13 1 11 6 6 1 7 2 -T, rT 1 4 1 16 19 0 21 2 3 2 d6 I F; 17 1 E I ',-U 1 2 3 7 9 9 1( H 11 14 la 25 718 too, I k. 43-F21 IT, 317, 111,111w] 170' 1 F4372 11 [f, 5 1 3 :4:3:2 ]1 6 F54 3 , I � 2 -1 �227 J 9 9 1 ILI I I I 7 6 9 1 C, I I -3 71 3 211 CITY LIMITS Ig 10 I_ I- _t4 TH STREET t 70, 6__ I 12 1 �19 11 7 6 , 5 A 4 3 2 15 I 211" XF 13 TH STREET 170'11 , " T"" + IG J A 3 2 1 L 2 12 2-�,) 16 1 P. K E. t2 IN Sn Elif M F_ _212-if -1 9 J16 18 7 6 13 He, .1 1--A L 14 I' I 11111 21 j9 1011 I IL T Irk I 5 4 1 T 1 4 T-1 T ItIg P. 1 6 3 4 1 16 1 11 L IL Ill 1,) 91 l; 1!3 3 4 4 4 I 15 0 12 21,15 211 14151617161926 1 17 1 92( 21 "s 11 21 , 1,3 16 K IL 9 FH STREET (70'1 F 112 )9 10 Q 8 7 1 9 8 7 1, 5 4 3 2 1 1 14 )li2 II it) 9 .9 7 1 It 8 —i �" I �F 13 1 r) 11A 4 - lql I hJ b (11 MDSR 5 TRANSPORTATION INC. RAILROAD 1_ Kx. a )it STREET (70'1 65 412 Ill' 11.112 11 21 222 3 2176], 11,115 16 COAST LIVE IIIAILROA —I_._ _ II I�__II..i 11 I r J� _-._I - I1l I It I ! 11 14 4 J_ 4 14 4 4 "1 15 Fill 61 5 13 5 7 7 17 '7 17 I A H 9 IN 89 TI] :' 9 m z 16 6 6 ' 1 ` - I I ' 71 4KI b '1 5 cl' 6 il 1 17 67 6 1 T 7 19 I a211 I M W —1 it 3 2 5 16 4 3 1 LLI11 LL 67 6 9 loll _LF F4 6 3 2 1 6 6 6 1 1�__El H =43 9 oil] a Owil 1 7 8 91 HP loill;. 7 6 9101112 1 51 7 e 9 4 H4 I E115, 4, 31 101112 7 8 9)(1111 Ci Fb C. 9 KtS Ill STREET 170.1 5 6 51 4 3 ? 11 16 —5 , � qx [7 8'9' j'1'_j I I 1 9 9 1 Ill, Ld 9 101 It-, I E, 11 K. It 4 TN STREET (100' 1 Fill, CPO cHv KEA TM STREET c t00- �5 21 (Ir;d??I h`1Jfl IF7Ala II I'a.+?� Vr k JIM 1. -11 it ill 111, It -I lull I It 11 111 1 10111 It 9 in 11W 7 it 9 WtIll ,.It7 (10111. " , --i I_ —321 b 5.1121 0 4 K It 3 RD sin A F65 4 -1 4 3 2 1 6 ff. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134— t I Published Daily NOTICE OF PUBLIC CITY OF OKEECHOBI STATE OF FLORIDA COUNTY OF OKEECHOBEE - pLEASiTAKENUTB Council of the Cit} C ur Before the undersigned authority personally appearedlhersaw Flodda, will on as ossit Judy Kasten, who on oath says she is publisher of the Okeechobee at Okeechobee, in 555 SEE 3r Avenue, � and tfwlea0er can. conduing News, a DAILY Newspaper published Okeechobee County, Flotida; that the attached copy of advertise- of the following law. NO,j�; AN OF meat, being a •THE a C[rT FLOHIOAAMENDII OKEECHOW1,(A D , 1 T tJ�FJ�� N o�'�C4- PLIUT;�OHOOUIIN �ul�oE>s�rctl� r • n IIRE in the matter of 1 Iro��ncrre.!naliIn Inspect Of I J1tN df rile City' (J p Yt`i c. C ✓r cxddh KEASEJAKE NP to PG* a re in the 19th Judicial District of the Circuit Court of Okeechobee cft ceunea N wmr matter �roc� County, Florida, was published in said newspaper in the issues such interested peter record of the Prom of such Purpose y I a veroaw Rcorol ip — ` ( r (J1 �`-�—ns is n rqudes made; o�) upon which the .M based. City Clerk to sole purpose of�bac to rW eadnp, . need a • and for ensure roceed-'. ord in- viderjce_ e Americans.'y, , IA) and FWri• Affiant further says that the said Okeechobee News is di 5taanes too.ay, M_, al ac �— disaWlides needhQ Special accom- in this pro- a newspaper published at Okeechobee, in said Okeechobee has heretofore been eeEiny" shou act Bonnie Thgodmaayssnolatertthe County, Florida, and that said newspaper orida continuously in said Okeechobee County, Flor ces. jat (883)7i 72 fon 215; ff TOO published each week and ha been entered as second class mail matter at headn arraceSrrP�red. ll � a Ronda Relay `Y'5'9� the post office in Okeechobee, in said Okeechobee County, of one year next preceding the first Seca? BONNIE S. T}ICMAS, CMC Florida, for a period of the attached copy of advertisement; and affiant CITY CLERK -.n nu dMrrB2 publication further says that she has neither paid not promised any person, — firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to ubscribe fore me this A.D. 20 Oil-_ day of Brown Notary Public, State of Florida at ua, Commission # CC 902300 Expires Jan. 17, 2004 %`3 • Bonded Thru .1 ... Atlantic Bonding Co., Inc. Staff Report • Herita.Affordable Development Small -Scale Comprehensive Plan Amendment Petition No. 02 001 SSA Applicant: Heritage Affordable Development Keith Roberts 5505 N. Atlantic Ave., #115 Cocoa Beach, Florida 32931 (P) 321-799-4090 (F) 321-799-0233 Owner: Vandertrust Inc. 1185 Lakeshore Road East Mississauga, Ontario LSE-IGI (P) 905-274-0770 Being all of lots 1 through 13, Block 20 Okeechobee according to the plat thereof as recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County Florida Containing 2.31 acres, more or less Together with: Being all of lots 14 through 26 inclusive, Block 20 Okeechobee according to the Plat thereof as recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County Florida Containing 2.31 acres, more or less Together with: Being all of lots 7 through 10 inclusive, Lot 11 less the west 28 feet thereof, the north 7.50 feet of the vacated alley (15 feet wide) adjacent to said described lots, Block -1. 7' Okeechobee, according to the plat thereof as recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County Florida Containing 0.88 acres, more or less Item before the Council: The matter for consideration by the Land Planning Agency and 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 comprises approximately 5.5 acres with a current Future Land Use Designation of Single Family. The zoning on the entire property is Multi -Family. The applicant has applied to amend the Future Land Use Designation to Multi -Family to be consistent with the zoning and the proposed use of the land. 0 • EXHIBIT 4 — MAY 7 AGENDA INTERLOCAL AGREEMENT BETWEEN THE OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF OKEECHOBEE WHEREAS, the Okeechobee County Board of County Commissioners, hereinafter referred to as "the County", seeks to relieve storm water drainage problems in the unincorporated area of the County known as Douglas Park, which is adjacent to the jurisdiction boundary of the City of Okeechobee, hereinafter referred to as "the City", and WHEREAS, the County intends to apply for a Community Development Block Grant to fund the necessary improvements to the drainage system, on or before the May 15, 2002 application deadline, and WHEREAS, the County does not have the proposed drainage improvements designed as of this date but anticipates that it may be necessary to construct some of the storm water retention and/or outfall facilities within the incorporated area of the City in order for the storm water to be treated and then to travel in a normal route toward Taylor Creek, and WHEREAS, the Community Development Block Grant application process requires an interlocal agreement in order for the County to use the grant funds inside a municipality, NOW THEREFORE, it is jointly resolved by the County and the City Commission as follows: 1. The City will not object to the County's plans to pursue a Community Development Block Grant to fund storm water drainage improvements within the City which are intended to benefit residents of the Douglas Park community, and approves the project in concept, 2. The County will follow all applicable local and district permitting requirements in designing and constructing the proposed improvements, 3. The County will submit the project design to the City for review prior to applying for a construction permit from the Water Management District, and will comply with reasonable requests from the City regarding the design. Resolved by the Okeechobee County Board of County Commissioners the day of May, 2002. Attest Chairman, Board of County Commissioners Clerk of Court Resolved by the Okeechobee City Council the day of May, 2002. Attest: Mayor City Clerk t2 yc l 12 I4z.5 la s 6 v-i r" 142.51 h4z s 1 I . u, u2.5 u; s fi 3 U2 5 I4z s c/> (3 AD STREET) 3 _ S. W. 10 TH STREET 142 142 5 t � 142. 5 1.42. 5 1,42. 5 142. 5 j Cfj 142.5 14; 5 � ] t 9, ] / t / ] t /// � 8� /2 v V9 9 142,5 3 9 / t0 � 4 10 4 t0 4 t0 4 5 5. It 5 11 11 2. 4vmmmmm�� 3 AC t t . . . 12 127. 42.5 6 6 5t 12 142.5 t2 uz.5 1rz.5 6 t2 tA2 5 142.5 (4 TH STREET) W. i i TH STREET MCC t 4L 5 142. 5 M. 142. 5 1 $361 14 42.5 ] ] t ] 1 's9 uz. 4 3 9 142.5 314/.s q 4l.66 AC 1113 1133 to �3 170 3 2 11 } 5 1. Ll 5 4�4I2 4 i2 l/2 42.5 6 fi Q1 00 m.55 111 133 (T) I (FIFTH STREET) - S. W. 12 TH ST l42 5 N 1_,.3 43 l33 ] t25 125 t103 i ci32.95 AC 70 76 513 3 / 9 3 9 195 lz5lz5 249.73 104 t0 v 50' INGR/EGR [419/152t) tt 5142.5fi g 12 142.s cD 1.2 AC l33 = 42B S. W. 13 TH STREET (6 TH ST EET) 142 42.5 42A 30(L 51 150 l33 142.6 N 7 1 1 7 98 A 36 .34 AC 2 a 0 2 = 2.5t AC t 3 9 9 3 3] 2� 10 10 4 34 s 43 AC 4 • 300 5 AC it it 5 . . 361 3B .. , a 4 9 12 1/2.5 2.5 fi m S. W. 14 TH STREET • CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION EXHIBIT 5 — MAY 7 AGENDA Please type or print: ............................................. I"kT#l;t. (p4 GL )' s: OS S 6- z/ Ski . £k^ Y �`�•`� � ` ��. 86 3 "Ty<#`Y,ti• 3 'NER 3k+.::3: ++}. ';}�;. •2. :2.:}.; 3•: k`�3Ta ; .�E k,,^�.f' :.:fit+ e4, �• C'£3 e� v , n; sG t �h �{ :.. >... .... .... .:: .... ... .,.. .:. .: kk' ";,•:<£ k'n:#y.#: t4} 'i�£}::&., .<:3`S k::kt:\.... ..3.vv.<.:::.:F.::kkC'3:�.R}>`.. .. .£, qtt V .,.8st::k::Ef::xtc::3x,;e::v;3.;a>..3>;`<y::: t:c•t'E+`�.�3::£:;''s'f;' �� /) SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: ell The foregoing instrument was acknowledged before me this 1(- /4 -0c;P by (date) GCJ r LL-R and , who is personally known to me or (applican) (co -applicant) who produced n as identification and who did (did not) take oath. PEGGY L. SIMMONS 1'iL4aA OJy JL Notary Public, Commission No. C 85 73 Notary Public, State of Flotlda V (signature) My Gomm. exp. Oct. 31, 2003 l Comm No. CC859273 (�� S",mr► CAS (Name of Notary typed, printed or stamped) CWD-1 6/99 CorpoOF Warranty Deed This Indenture, made this 7th day of December A.D. 2000 , Between FOUNTAIN OF LIFE CHURCH, INC. whose post office address is: P.O. BOX 2438/112 SE STREET OKEECHOBEE, FLORIDA 34974 a corporation existing under the laws of the State of FLORIDA , Grantor and GARY W. UTT and MARY L. UTT, husband and wife whose post office address is: 4705 SE 144TH STREET OKEECHOBEE, FLORIDA 34974 Grantees' Tax Id # :278-38-0074 218-68-0025 Grantee, ii 447 PAGE1 176 Documentary Stamps paid in the amount of $ 17 S. 0 6 Class C Intangible Tax paid in the amount of$ —0— Sharon Robertson, Clerk of Circuit Court Okeechobee County, Florida By; D.C. Date, Witnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & NO/ 100 ) Dollars, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of OKEECHOBEE , State of Florida, to wit: LOTS 1, 2, 3 AND 4, BLOCK 15, SOUTH OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to covenants, restrictions and easements of record. Subject also to taxes for 2001 and subsequent years. Parcel Identification Number: 3-21-37-35-0040-00150-0010 And the said Grantor does hereby fullywarrant the title to said land, and willdefend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. Signetd,,Sed Our Presence: STEPHEN E. BURK z• 1 ,p Wiaeu Prim Nm:�/L� fi /te:i FOUNT T'OF LIFE CHURCH, INC. By: 7 doe-H. BISHOIrl Its PRESIDENT 34 57'166 State of County of Florida Okeechobee The foregoing instrument was acknowledged before me this 7th of JOE H. BISHOP, PRESIDENT FOUNTAIN OF LIFE CHURCH, INC. a corporation existing under the laws of the State of FLORI He/She is personally known to me or has produced Flom PREPARED BY: JANIE GRIFFIN Nod RECORD & RETURN TO: P,hu Okee-Tantie Title Company, Inc. MY( 105 North West 6th Street Okeechobee, Florida 34972 (C6t# W 16� RECORD OKEECHOBEE COUNTY, FL 2000 DEC I I AM 9- 04 SHARONROBERTSON CLERK OF CIRCUIT COURT day of December 1 2000 by pjbe ,�of the corporation. identification. Co at No. CC 701fi09 -File No:16934 *,0450 PAR 1818 3-z �-3� 35-oaw onlsaQOl o Steep Dill In to anour t of etire n Ttti Cm �O Tex ' lIi 4� a1T101111T Warranty Deed °'�-4vz- Dr.t 13oult This Indenture, yl.itc chls 22nd da • Ui FeLrt� y February, Q_ DAVIT) H. VAUGHAN AND CIIRIS*I'Y ANNE VAUGHAN, HUSBAND ANU WIFE 2g4t; CHARDS STREET ALVA FLORIDA 33920 ° e COWILY ° , Star. ,A ROBERT H. COOK, JR,, MAR.RIED MAN grantors, and w} ow addLt:u is: P.O. BOX 690365 VERO SBACH, FLORIDA 32% 7 ,State of FLORIDA Wlncxwti that t1w GRANTOR(s) , for and iu 1,unsideratlon of the sum of . • I4.....e) ..TEN & N01100 (510,00) ...... . ........ DOLLARS, and other good and valuable•Considrxatiun tv GRANTOR in hind paid by GRANTEE(S) , the =Zipt whereof is ltemby "Liuwiedrod, has grtutted, bargained end sold to said GRANTEE heir% and auigm forever, lice fulluwiug land, situate, lying Add hcmg to County of OKEECHOBEE State or FLORIDA TO wit; LOTS S & 6, BLOCK 15, SOUTH OK32CHOBE3, FLORIDA, ACCORDING TO THE PLAT THBREOF RECORDED IN PLAT BOOR 3, PAGE 37, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT HSING RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS OF OKXECH0B83 COSY, FLORIDA. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year, ,911WK to Covenants, mtriettone and easements of record, Subject also to tames for ftlkne duhsctYueut years, %nd the gnuito a us ereby fatly wrtrent the title to said Fuld, uW will ddfend the same against lawful Ctaima of all persons whomamver. 10 WItueu Whereof, the ersmor(c) has hereunto set his hanJ a,al *val the day Rtd wril leu. year first above Signed. sealed end delivered iu our presence: , Q�Z, ar DAVIiI H. VAUG IAN 6i rj1F{iT ALVA, rALI40RIt1A 7r9t0 Witness. /l . ,CC�''r�r% mrlsouu,q rra T VAUGHAr oR nom tm.ea �vti, mr -1,11 Witnvic Wimesa: FILED FoR RECORD OKLECHOBE'E COUNTY, FL --- 34 8 7 4 2 nil Me 26 FM 4t 14 SHARONROBERTSON 9TATEOF Florida CLERK OF CIRCUIT COURT C OUh'TY OF Okeechobee sworn to and subscribed brfure me this 22nd day of Febmary, 2LI01 oy DAVID H. VAUCrRAN AND CH1.1S'IY ANNE VAUGHAN, HUSBAND AND WIFE who art personalty icrnwn to me or who have prudueed a drivers Iltme as endri xtivnThis Omumem mepwed By: OkcoTantie Title Coulpury, jnc, TRAt:Y WEUR NOTARY PUBLIC Pust Wce Box 1211 My Cuumribeivu E,,Lpimc Okeechohoe, Plnride 14473 C $'! a17 UNDA FLINT I Y w' Caw, to. somm ML tx tinm 772AA tirwwif, Rw.. t1OaRIR Date D 2&'q Letter of Consent for the closing of the 15 foot wide alley running North to South in Block 15 South Okeechobee. I, Robert H. Cook, consent to the closing of the 15 foot wide alley running North to South in Block 15 South Okeechobee. Signature Witness Witness cwLti Signed and sealed this ��-� day of , 2002. Hm AR S ub is to a of Florida TE OF R,ORMA O. CC1WM XP. APR.1 OOCi IMrwa b: (eswow sMf-�rArnMd ttaarpsd sRoMoFs) ra • AMms f d nk Yn>rstsetet Prapuod br. OKEE—TANTIE TITLE CO. y 500 N.W. 6T11 STREET d ....,,. OKEECiOBEE, FL 34972 F'tapaty Apprtktrs Push Idmtlllatla (Foffo) NamMr(s): Grattealsi S.S. Aslt ' WANAOM 00110 1TAWT00 r, t. N".OI L 3 fb PcE18.44 RANCO rORM AU FILED FOR RECORD OKE CHOECE CO. FL. 69 AUG 31 AM ICJ: 55 GLORIA J. FORD CLERK OF CIRCUIT C0197 INIM Awn TINS Lin FM r1t0e2ptaa DATA ~ ASM TM LAW FOR tYEOaalaa DATA I t'rh.r...r arse A.nin tM tare,. "lintpart?" .td "rc.we ,arty" tire iwetrl. eina2 .wi ,leaf. Mir., hvd te,r.rwrtivw, .wd .r4r wf i�A•:AwY, .N rM ..err nn .� r4r N sAr�rr.Hw. �Ynwer A. ewrnr 69 r td—u w rM—.) L INS IR&Rturt, Mad, this ✓ �S day of AUCAIST , A. D. 19 89 I;ttwtM JOHN WALKER and JAMS WAGSTER, as Trustees of The Big Lake Church of Christ of the i Okeechobee it' the Stare of Florida part ies of 16 first part, and BIG LAKE C))URC) OF C RIST INC., a Florida Corporation Of rht• Comov of Okeechobee in the State of Florida • whose post office addroty is 4,425 HIGIMAY 441 SOUTH, LOT 17, OKEEC310BEE, FLORIDA 34972 party of the second part. bit11tS MIp That the said part ies of the first tart. foe and in consideration of the Bran of --------------------TEN AND 00/100 (10.00)--------------------- to them in hand paid by the said part y of the second part, Cho recetpi whereof to hawb�.eiwd.l edged. have granted. ba►gained. and sold to the said part y of the second part. their anti assigns forever, the following described land, situate• and being In the County of OKEM10BES :` $ra;r of FLORIDA to -wit: LOTS 7, 8, 9 AND 10, BLOCK 15, SOUTH OKEECiOBEE, ACCORDING TO THE PLAT 71MMF RECORDED IN PLAT BCOK 5, PAGE 7, PUBLIC RECORDS OF OKEECIIOBEE COUNTY, FLORIDA. SUBJECT to restriction:;, reservations and easements of record. And the said part ies of the first part do herby fully warrant the tilb to said land, and will da%wd 16 some against the [awful claims of all persons whornroover. ]h 7 6to %%vtof, The said parties of the first part have hwoanto ow their' hand sand seals the Joy and yiar first above written. -Sfgrwd, roaW and in the prrenee of: T)LE BIG EAP aRWI 0 C11591 JIM BY Trusme STATL OF FLORIDA, 1 COUNMY OF OKEECHOBEE J officer duly authorised in the State aforesaid and in the County JOHN WALKER and JAMS WAGSTE'R as Trustees to me known to be the persetg desmbed in and who exeme before me that they executed the mane. WM. *ZSS my hand and official meat in the County and AUGUST A. D. 19 89 p, on thh day. retie tag. an ui'ch of Christ and they achastu adood r :,Is day of R1 n (SEAL) Date 2a r - Q Qa Letter of Consent for the closing of the 15 foot wide alley running North to South in'Block 15 South Okeechobee. I Big Lake , Church of Christ consent to the closing of the 15 foot wide alley running north to south in Block 15 South Okeechobee. Signed and sealed this al sf day of FC6VIkOr_, 2002. Not r Public, State of Florida PEGGY L. SIMMONS Notary Public, State of Florida my Comm. exp. Oct. 31, 2003 Comm. No. CC859273 • atlti•QAIla 0110 RAMCO FORM e coic M8 I'SZ1501 I This Quit -Clain' Deed, E:xpcttard flits 11th clay of December A. D. 1980 , by LINDA RAE KERBY first party. to GARY T. SAIN and LINDA RAE SAIN, his Wife uri,asePostoJficeaddressis 1117 S. W. Third Avenue, Okeechobee, Florida seennd pnrly' rrprrrnU., da tM ,. '•tint wr,r" ..nJ n•rti' rMl.l„d.iInwdhrerin.nrrl,IMM ronInuatINhrrevrrruvA hrieinm•n1 wl i wnof CeP_.,m, «. admire •u rrnu�rr•.I , �tlitnesseth, 1lraf file said firs) party, for rind In consideration of tine slim of stove 5 Affectioh in hand pnid by llte said second party, the receipt wherrof Is hereby acknowledged, does hereby remise, re- lease and quit-clnim unto flip sold second party forever, nll lite right, fill#, interest, claim and demand which the said first party has in and to the following described lot. Piece or Parcel of land, situate, lying and being in the County of Okeechobee State of Florida , to -wit: Lots.11 and 12, Block 15. being in South Okeechobee, according to the Plat thereof recorded in Plat Book 3. Page 37, of the Public Records of St. Lucie County, Florida. Including the house located on the above described property. FILED rnR Ur.ntrn 136995 MOO DEC 12 AN I I: 11 CLIP U T CLERK OF CIF.LI1 CUi:i i To liave and to Mold th,• same together with all and singular the appurtenances PPI•rfenancn fhereunfo I,elon( in❑ or in anywise npperfaimng, and all the ettnie. right, rifle, interest, fien, equity and claim what• .•mr— of the said fir.t party, either in low or equity, to the onto proper use, henefif and behoof of the said and pn.ty fnrerer In LUitnfss Whereof, the ,nid iv,t party has •tpnwi and sealed their presents the day and year lint al,ove w-ttien. V%ried. Sealed and delivered in presence of. L NOA 4 E iCBr f °sir. fir rl.uanti,, , 'I Nry Iit- Okeechobee t IILRM, (:LRi1rY that no th,s lav, More re., 0i I •dt, d•,i. .,,their,#,I - tt,. 111.1. ♦{oteontrl .:ai in th. ('rm lit. alneui.l to take •t►nuw kd;srseney pwsrteult, sw4H LINDA RAE'(KERBY) SAIN w ew bw+n it. t. th, Irrt„n droriM.A in o-i -fin ,.ectttnl Ur tut.sa,nt tt•.trtinwnt slid she t.late iww tA.t she r.errnwA tM /.air r,��11� as h.,A .M ottn,i.l .rat Ms nA• December A n I1 80. This Instrument Prepared by: Linda Rae Sain 1117 S. W 3rd Avenue ►bran 1'100ac, SU110 ttr n*iekU At LAICO Okeechobee, Florida 33472 C.aaMft"m LNwn 0.L 9, 1961 /fir• �nYrurrsrrU fvt�vn/FY 2.3�3 • Date 3 1 - a (a '�— Letter of Consent for the ciosing.of the 1-5 foot wide alley running North to South in'Block 15 South Okeechobee. f� /A( consent to the closing of the 15 foot wide alley th running norto south in Block 15 South Okeechobee. Signa Chi �GZx v1 P-0 c� d �r� ► �s L; vLl LORI C. BERGER Notary Public, State of Florida My comm. exp. Feb. 26, 20M Comm. No. DD 088585 Si% il.r�:2 'W -312-Z/ �/—xe� Afthorized Signature Typed Name & Title Phone No. Date J':1vr,&c .Q, Al*oLzs .2 —k- - Authorized Signature Typed Name & Title Phone No. Date Authorized S -11-Y1 a rK Fd3-/P 12W Typed Name & Title Phone No. Date �►9�1oo,J G . Foe rr�1FA ��U �Xsc: I� e. 7G 3 , 9 460 - zb - oL Authorized Signature Typed Name & Title Phone No. Date Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: •.gym }„�� <,� <E,� ��' x: Authorized Signature Typed Name & Title Phone No. Date Revised 5/11/99 ee&18Z 4/29/02 L eo`t%. kPue `�Cc c � 4/29/02 Authorized Signature Date ----Autfiorized Signature Date Dime Pcbertsm, Public Works Director Osm Berm bz, City ax&ner Typed Name & Title Typed Name & Title No ob ' e 4/19/02 uthorized Signature Date Denny Davis, Chief of Police Typed Name & Title No comments or nbjerhian� �1RN~ NX 4/18/02 Authorized Signature Date Herb Smith, Bat. Chief Typed Name & Title Bill L. Veach, City Administrafnr Typed Name & Title APPLICATION APPROVED BY: A'mua "Z. AW& //VC/ BONNIE S. THOMAS, CITf CLERK DATE Memorandum To: Mayor and City Council From: Oscar Bermudez, Engineer Date: April 29, 2002 Re: Alley Closing Gary Utt request 64 " Request for Alley Closing" The Engineering Department has visited the site and found that a positive outfall does not exist in the vicinity of the propose project. The City should be aware of the critical drainage problems on South Parrot Avenue where severe flood conditions exist. The proposed project, that is located on SW 2nd Avenue, runs parallel to Parrott Avenue and is currently affected by the flooding conditions. We have learned from DOT that drainage improvements on Parrott Avenue will take is at least four years before solutions can be implemented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any street right-of-ways or alleys. ;y r CITY OF OKEECHOBEE, FLORIDA 3rd Avenue, Okeechobee, FL 34972-2932 55 S.E. i (863) 763-3372 2p D L: 13198 L- ► n da RECEIVED from �--" Dollars CLERK rr.. , 'fiyjJy�4 . r r t Si r• yf ' �• !moo IIMPM WIN MFU W ti .,At ML �® 8i M lira min "Win OFF, W- o lam i * w�rom Va al 0 ! �.� woo o I ,ail {win Wtm;mum, A, 11 �. .. W-ra Am owmi , WQ 'r fYet sf yKIP � it=�I ; fir i�•� �� ...,..o..�. Ots �_�_ • � 1 = R CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION EXHIBIT 6 MAY 7 AGENDA SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The foregoin in trument was acknowledged before me this 3 1/ 1 1 /)� by (date) and , who a y kno to me or i erson (a plicant) (co -applicant) who produced as identification and who did (did not) take oath. ? Cam'-etw Notary Public, Commission No. T (signature) [ o1F7,r?^' ""T';�?;SUT (Name of Notary typed, printed or stamped) tiOTAF t �!''' STh(F t31' i.O.'.IDA COT I I'' AIL i d W. 0M13215 my COi +A^ 51O d EXP. APR. 4,2005 Pucei m Number. 3-28-37-35-0050-00420-0070 Grame /I TIN: 368-56-3344 Warranty Deed This Indenture, Made this 30th day of September , 1996 A.D.. Between JERRY A. HESSE and LORETTA J. HESSE, his wife, of the County of OKEECHOBEE state of Florida , grantors, and JOANNE WATSON, a single woman, whose address is: 1732 SW 35TH CIRCLE, OKEECHOBEE, Florida 34974 of the County of OKEECHOBEE state .f Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------TEN&NO/100(S10.00)------------------ otLARs, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S- heirs and assigns forever, the following described land. situate, lying and being in the County of OKEECHOBEE Star of Florida to wit. LOTS 7, 8 AND9, BLOCK 42, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1995. and the grantors do hereby fully warrant the title to said land, and .will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors have hereunto set their hands and seals the day and year fine above written. Signed, sealed and delivered in our presence: Printed Name: Witness as to Both Printed Name: Witness as to Both (Seal) JERRY A. HESSE P.O. Address 2001 S. W. 3RD AVENUE. OKEECHOBEE. FL 3e974 (Seal) LORETTA J. HESSE P.O. Address 2001 S. W. 3RD AVENUE. OKEECHOBEE. FL 34974 STATE OF Florida COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th day of JERRY A. HESSE and LORETTA J. HESSE, his wife, September , 19 96 by who are personally known to me or who have produced their Florida driver's licenses as identification This Document Prepared By: SUSIE LMSCOM 3 OKEE TANTIE TITLE CO. Printed Name: 500 N.W. 6TH STREET P.O. BOX 1211 NOTARY PUBLIC OKEECHOBEE . FL 34973 My Commission Expires: 9785 o'KO 443 11t61E2000 Parcel ID Number: 3-28-37-35-0050-00390-•0110 Graruee f1 TTN: Granacc n TIN: 319 - 6 S- 2 5 2 5 Warranty Deed This Indenture, tirade this 16th day of RICHARD R. VEST, a single man, Documentary Stamps paid in the amount of Class C IntaniE Taft paid in the amount of $ —v— Sharon Robertson, Clerk of Circuit Court Okeedto✓✓ mCounty, FI B':�GG.�� U.C. Date: 1—/ 9 =.2Oc/ January , 2001 A.D.. Between of The Cmtnty of OKEECHOBEE I St.:* or Florida , grantor, MARVIN S. BRAMZ.F-Y and DEBORAH J. BRANTLEY, husband and wife, who:, addrem 1.! 1935 SW 3RD AVENUE, OKEECHOBEE, Florida 34974 or the County of OKEECHOBEE I state or Florida , grantees. Witnesseth that the GRANTOR, frr and in eonskietadon of the sum or - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- TEN hN01100(,SI0.00)--------------------".LABS. and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the re, -fpt whereof is hereby acknowledged, his grantrd. bagainerl and sold to the said GRANTEES and GRANTEES' heirs and assigns, forever. the following described land, situat, lying and being In the County of Okeechobee Sat or Florida to wit: Lots 11 and 12, Block 39, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if anv, and taxes subsequent to 2001. , FILED FOR RECORD OKEECiti',%'•'F. f:OMITY. FL 346980 2001Af� 17 AMM: 118 SHARONROBERTSON CLERK OF CIRCUIT COURT and the g.an:or dots hereby fully warrant the title to said lad, awl will defend d:e same s!airut iawfal elaitns of Ml persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand eat the day and year t ahov written. Sign sealed antiJielivererilIs r presence: (Sell) IOIIA NA K. JA E ICHARD R. 'ST ^ w4 dQ s I` f� P.U. Address 1913 V 3RD AVENUE, OKEECHOEEE, FL 34974 i� SAME A. JARREL Itness STATE OF Florida COUNTY OF OKFECHOBEF. The foregoing instrument was acknowledged before me this 16th day of January , 2001 by RICHARD R. VEST, Sol Mncs IL )MMI who is personally known to me. I wool, bg5 # CCTnw F)�litg This Document Prepared By: j4 tdgtpplNDec�taObrN,aM aaatlW TINA JARRP.LL OKEELIN BEE ABSTRACT a TITLE INSURANCE, INC. OH NA K. JAXIELLU 207 NW 2nel Stew 0TA PUBLIC OK111101OBBB , PL 34M C mission Expires: 12/01 3.13.92 • Date N iq�a Letter of Consent for the closing of SW 20th Street from 2nd to 3rd Avenue between Block 39 and 42 South Okeechobee. I consent to the closing. Signature ,and WitnessEkL, (I U 6 -- Witness Signed and sealed this day of Apri1,2002. Notary Public State of Florida 9CCMM1SS1ON RMEXF EMY f . osar • i�8�aUt � � ...co loss.. o. This barranty Ned �I,,.1.• the des.• of July 87 by NiCHARD A. SIZE.moRr and rAULA C. SIZEMORE, his wife hrmumflrr r..f(rd Ihr ryrnninr to EDwAr.n H. BOBBITT and NANCY M. nOBBITT, his wife d,...r L.,anl!irr uddr.•.. I. ...........ft,•r ,„Iled II., ....... t.•, •Nhr, .•1 .. n.l ul•,.M .II ihr y. .h.. aryl bitnesseth: I'hnl 0- gnulbn, 1.. ,ul u. iro d,•.nli.... f Ihr mm of It10.00 and other ..W r.J..n.sidrrnrn. ... .... ..wl n•1........ I . ,,, r •I,..n k......•I, ,711,•d. hr.rh.• grant.. hnrgmn.. ,ells, allen,. rr enite,. r.•1.•n nn, e- ,,,,I „.norm, cent., Ihr g,rnIr.•. dI 11n1 cerinin Wirt situnIe in Okeechobee Cr.ur.l V. Fln. id". 1.1: Lots 1, 2 and 3, Block 42, FIRST ADDITIOti TO SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 17, Public Records of Okee— chobee County, Florida. Subject to restrictions, reservations, covenants and easements of record. ( Uht Fri .. 19 f 1 60 :'� �:. 21 V-. ''1.0r{_iea J. F.7 Jv Together with lithe tenements, hrredilaments and appurtenances thereto belonging or in any wi,r apperlainbtp. nTo Have and to Mold, the tame in fee simple foretrer. Tlnd the (Imnlnr hereby ronenards w111 said prantee that the neantor is 1—fully seized of said land in fee simple. An! the granlar has pone tight aced Ina.ful estdlnrily In sell and ca-ury said land; that the grnnior Aeerhy fully Is arrm.ls the title Io said tend and u,dl defend the same against the lawful claims o1 all persons whom,o,•.•r.: and thni said land is free of all rnnsmhronces. except taxes accruing subsequent In December 31. 10 86. ]n LC7itness Hhereof, the said grantor has ,igned and sealed these presents the day and year first abe— turillen. signed, aGd n,d delinere in our Bence: r t✓�'" ....... a� ...W1( epa u a sate wtsw cos uromm as STATE OF TEXAS rr COUNTY OF '%%f,Q,PAn/ T U-) 1 I HEREBY CERTIFY that on this day, before me, an officer duty authorised in the State aforesaid and in the County aloreuid to take acknowledgments, personally appratrd RICRARD A. SIZEMORE and PAULA C. SIZEMORE, his wif to me known to be the person Is des.nhed in and who rsreuted the • ` foregoing instrument and they .,"n lydged befnrr me that they ,«ruled the tame. WITNESS m, hand and nffrial v I the County and i11 State last ilnrruul th,, /Sz4 das A July A. D. 19 87. (N.P. Seal) t Notary Public, State of Texas J Din Iatlruntent prrpaird I•y. My commission expires: ilt,J7 •.t...,r R, H.. Manager. Ob .Nob,e Abstract Company r/ f/ N. W. 31, St.. _, ... e. li 3;4/1, as a neccs- ury inudma to the Isswuce ul title Insurance. V J r, a • • Date Letter of Consent for the closing of SW 20th Street from 2nd to 3rd Avenue between Block 39 and 42 South Okeechobee. I consent to the closing. Signature ,and (� � Witness C�0�,�, (Ait�F� Witness Signed and sealed this _day of April,2002. Notary Public State of Florida a� CIA, Nc?T YS h''r-fiCtP' fAAR0pJ ' 1i3:1� c*AmyD CF FLORIDA �!��sstcv Ala. 133 C ,-k �15SIvr! " �B2?S �XP. qp .4 005 ■ - - —-------_ ..—.. _ gt 191 rut415 e�,rN Ice„ • \ �{, day o November , A. D. 1t 76 31t'i;jl�i'ntUCCr.tilade this loth Y / Between JORN ROY ARD AND VICKIE D. AND, his wife of the County of Okeechobee and Stale of Florida gyLAWRENCE D. FELDMAN AND SMYN L. FELDMAN,whi p\ portion o/ the (;rat part, and s i bt urAmr et West mailina address is 506 Nor Okeeehobeeperk Florida 33472 of the County of Okeechobee and Sfafe o/ PlO�lda parties of the .n)��and par,. Wltnt%tth, that the raid parties of the flat part, for and �—Dollar&, end other gaud in runsiderniion o/ the ,um o/ EIGHT THOUhnABD—!d the rrrript whtrrrrf is hereby aeknowl• and lattDabl, ronriderations to sellers Pa rdgrJ.tLrn vs granted, bargained, sold and conveyed. and by these presents do grant. bar, ronury rthe said part SOa of the second port and their heir& gain, srR arm onfirm unlu and assicn, fore"ri it that rerlain lmrrrlpoof to fartyrdetrribrd as /ofloI lyig and bring in uneu/dy e/ OkNohobss and Star o/I more Lots 5 and 6 of Block 39, FIRST ADDITION TO -- SOUTH OKEFCROd'E,.according to theplat thereof recorded in Plat Book 1, page Public Records of Okeeohobee Couot7, Florida. Ioyther ruith n11 the rrnrmnrlr. hrrrdifomrn:+ nm1 appurtrnanrrs• with nvey priullrgr• right. lilt'. interest and estate. dau.rr wed right of}.ldourr, r,version- m remainder and rusemt thereto b,lu qmq or in nnywirr apprrhrinint(: thto liaur ,7.n.4 to %td the saint in fee simple forever. And the mid part 168 o/ Ili, lint prof do rn rnwnant urith the raid part le■ of "he d. p.letthnthey they hnn/uUy srisi:rd at the sail prrrnius, that they are fret from mbrr and rhnl j lod rishi and 1m /al n irhuriry rr. sell rhr ....... nml rhr .nil 1.ut lee of the first (art do h rrby fuffy nvarleell rhr rirlr rn aniJ land. •md era! drlend th.•.rrrnr nenimr the Insrful Anima of all perr,ru whnmsoewr. 3n Witness W11treof, the said prr7 See of the first part have hereunto set hoods and recta it,, day and year ubour written. Signrd..rated and defiuered in our prwilcr:, ,/C.lQ-t..-Z uQK��Yr•!.r!........ .... ....... _.. ...__...._.........—..__ _—.._._..�--- .. 1h1..;.tc.......__.............. ' . cc.Ece._c31._?t-4-- I 77m hwn,nrnrri%r fly: John Sc7 Ard .i.Alnzr P. 0. Box 2$ Okeechobee, Fla. e•�i;t1�1 ruts 33472 ' DIRECT , _ � INDIRECT .. Date /-/ / q2_ Letter of Consent for the closing of SW 20th Street from 2nd to 3rd Avenue between Block 39 and 42 South Okeechobee. I consent to the ,closing. Signature _,and L4 / WitnessC')oL.t,1 (I lds-�V- U d -- Witness Signed and sealed this _day of April.2002. Notary Public State of Florida OFFiCLA;L NOTARY SEAL PEGGY = LkTCN ,VOTARY PiJSL. C STATE OF FLORIDA COl I%USSiON NC. DC008215 MY COMMISSION EXP. APR. 42005 AWdnzed Signature Typed Name & Title Phone No. Date Signature Typed Name & Title Phone No. Date Typed Name & Title e'a or✓ qp aka �c . 9J-70 3i.F7 Phone No. Date z .�: r• <sc< ,>ss� �� W� // ^Ia..� N� �/FT.4ir+Civ7" -{v/�- Fwi'LU2L SE�../F—,It L�N� /��Qin. I�� G • Gcznlr� . s� �1Lf�. 1'%,"2 �6 3 - 9'F�a � i'7 -o L Authorized Signatur Typed Name & Title Phone No. Date Reauired Only For Citv of Okeechobee & First Addition to City of Okeechobee Subdivisions: Authorized Signature Typed Name & Title Phone No. Date Revised 5/11199 Page 3"IX`' MINOR* t i b5 Public Works has objections to the street closing. Please see attached memorandum from the City Engineer. z Ls_ t-- 4/29/02 Authorized Signature Date Donnie Robertson, Public Works Director Typed Name & Title L7,Z"� 4/29/02 orized ignature Date Oscar Bettnr3ez, City Dtaineer Typed Name & Title Denny Davis, Chief of Police Typed Name & Title 50,bZ Authorized Signaturee uate Keith Tomey, Fire Chief Typed Name & Title r Vi Jedy o e� s ateJ2l01, eNl SS r Authorized Signa ure Date Bill L. Veach, City Adm;n;c+ratpZ Typed Name & Title APPLICATION APPROVED BY: BONNIE S. THOMAS, CITY tLERK DATE E • Memorandum To: Mayor and City Council From: Oscar Bermudez, Engineer Date: April 29, 2002 Re: Street Closing application from Joanne Watson " SW 20d'sh" between SW 2°d and 3rd Avenues" The Engineering Department has visited the site and found that no drainage system exist in the vicinity of the requested abandon subject Street right of way. The City should be aware of the critical drainage problems on South Parrott Avenue where severe flood conditions exist. The Engineering Office is currently working towards the design of a Master Drainage Plan for the City of Okeechobee. South Parrott Avenue from I Ph to 23`d Streets is one of the most critical areas. Since the drainage system for Parrott Ave. was designed more than 20 years ago today's it does not work properly and the same avenue became a drainage flow barrier towards the Taylor Creek. Consequently, we have to deal with the drainage flow from the area only towards the South or to the 7th Avenue ditch. The City needs all existing right -of- ways; alleys or others to route drainage flow to the 7th Avenue ditch or to store rain off in attenuation ponds if possible. Also, we have to be aware that the next alternate traffic route for South Parrott Avenue would be SW 2nd Avenue and presently 18'h, 19m and 20te Streets are unopened. Finally, we have learned from DOT that drainage improvements on Parrott Avenue will take at least 4 years before solutions can be implemented. It is the Engineering Department's opinion that the City of Okeechobee should be very cautious before abandoning any street right-of-ways or alleys. RECEIVED from Dollars (,U 100 CLERK • ExHIBIT 7 — MAY 7 AGENDA ORDINANCE NO. 787 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 155 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the policy, procedures, and duties of the various citizen boards for the City of Okeechobee are established in section 150 of the land development regulations for the City; and WHEREAS, the procedures provide for, among other areas, the appointment and term of office for such citizen's boards, and the election of chairpersons for each board, but do not set forth the manner or frequency of election of such chairpersons; and WHEREAS, the City Council for the City of Okeechobee believes it to be in the best interests of the citizens of Okeechobee, as well as those persons who volunteer to serve on a citizen's board, for the periodic election of chairpersons to such boards to achieve diversity of opinion and direction for the board, and to relieve the chairperson from the responsibility and duties of such position from time to time; therefore: BE IT ORDAINED and adopted by majority vote of the City Council that section 156, Land Development Regulations, City of Okeechobee, Florida, is hereby amended in the following respects: 156 CITIZEN BOARD OFFICERS AND RULES OF PROCEDURE (Section 1-7 remain unchanged) 8. Each citizen's advisory board for the City of Okeechobee shall include on its agenda for its meeting during the month of May, the election of a chairperson and vice -chairperson for the board, such positions being held for a term of two years from the month of election, with elections thereafter to be held every two years. The board shall entertain the nomination of up to three members to serve in each position, and publically elect one person to each position by majority vote. As board members typically hold their positions on their respective boards for a term of three years, with overlapping terms for members, and as members occasionally resign or are removed from a board during their term, in the event a member who serves as chairperson or vice chairperson should not fulfill their term in that position for any reason, then the respective board shall include on its regular agenda, in the first month following the loss of such chairperson, the election of such replacement chairperson or vice -chairperson. A person elected in this manner shall hold the position for the balance of the term of the departed member, with the next regular election held in the appropriate year in the month of May as provided herein. u u INTRODUCED for first reading and set for final public hearing on this 2' day of April, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16" day of A ril, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 0 • EXHIBIT 8 — MAY 7 AGENDA ORDINANCE NO. 788 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 760 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 716 for the City of Okeechobee, Florida, in section 750 thereof, provides for the recognition of, continued use of, and restrictions pertaining to, certain non -conforming uses of real property in the City that existed at the time of adoption of the ordinance; and WHEREAS, the intent of said ordinance being to gradually bring all nonconforming land uses within the City into compliance with current zoning and land use regulations in the City, the enforcement of which will benefit the City and the public as a whole by the uniform development and use of lands within the City; and WHEREAS, the current land development regulations do not provide for certain contingencies in relation to continuance of nonconforming land and structure uses within the City, and it is in the best interests of the City and the general welfare of the public to amend the regulations to amend said ordinance; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida at duly noticed regular meeting thereof, as follows: SECTION I. THAT Section 750 of Ordinance 716, Land Development Regulations, subsection 754 thereof, is amended by deleting same, and in its place and stead, the following is adopted and approved by the City of Okeechobee: 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 1. CHANGE OF NONCONFORMING USE OR STRUCTURE A nonconforming use or structure may be changed to a conforming use or structure for the district in which it is located. Once changed to a conforming use or structure, no building, structure or land use shall be permitted to revert to a nonconforming use. 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use or structure within the City are sold, assigned or in any manner transferred from the name of the record owner of said lands, as such ownership is recorded with the Clerk of the Circuit Court or Property Appraiser for Okeechobee County, such nonconforming use or structure shall not be permitted to be likewise transferred, and said Page 1 of 2 u • nonconforming use or structure thereon shall then be brought into compliance with all current requirements of City Codes and these Land Development Regulations, and such future use or structure shall be either a permitted use or structure within the district regulations, or after approval a special exception use or structure within the district. SECTION II. SEVERABILITY Should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance, be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional. SECTION III. EFFECTIVE DATE This ordinance shall take effect upon second and final reading by the City Council on the 71h day of May, 2002. INTRODUCED for first reading and set for final public hearing on this 161h day of April, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of May, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 COVERING PALM BEACH MARTIN, ST. LUCIE COUNTIES April 18, 2002 • BUILDING WITH THE NAMES YOU TRUST CONSTRUCTION IN ■ALUMINUM R�OO��FcI�NvGS ZZC• GENERAL CONTRACTORS City of Okeechobee Public Works Department 55 SE 3rd Avenue Okeechobee, FL 34974 Ref: Project# PW-01-00-03-02 LICENSED, INSURED AND BONDED EXHIBIT 9 MAY 7 AGENDA Please be advised that Big Lake Roofing, Inc. for the sum of $ 5,400.00 as per change order submitted 04/11/2002 will provide roof materials upgrade to qualify for 20 year No Dollar Limit Johns Manville warranty. This will include four (4) plies of G1asPly Premier and inspection for warranty by Johns Manville inspector. Sincerely, Mark Ronkko Sales Representative Big Lake Roofing, Inc. CC: Oscar M. Bermudez, PE Enclosure (1) MR/jld P.O. BOX 1576 • OKEECHOBEE, FLORIDA 34973 • PHONE (863) 763-7663 • 1800-533-4037 S"117 Johns Built -Up Roofiny Specifications Manville Specification 4GIG Four Ply Gravel Surfaced Fiber Glass Built -Up Roof. For use over JM insulation, approved decks or other approved insulations, on inclines of up to 3" per foot (250 mm/m). For Regions 1, 2 and 3 Materials per 100 sq. R. (9.3 m) of Roof Area Concrete Primer (If required) 1 gallon (3.8 liters) Felts: GlasPly Premier or GlasPly IV 4 plies Asphalt (Interply): Trumbull or other JM Approved Asphalt Incline per foot Asphalt Nominal Weight Up to th" (13 mm) 1707, Type 11, Flat 92 lbs. (42 kg) 'h" to 3" (13 to 76 mm) 1901, Type I 11, Steep or 92 lbs. (42 kg) 220°F, Type IV, Special Steep 0 to 3" (0 to 76 mm) PermaMop 92 lbs. (42 kg) Surfacing: Flood coat of asphalt 60 lbs. (27 kg) Gravel 400 lbs. (181 kg) or Slaci 300 lbs. (136 kq) Aggregate density, size and coverage will determine actual weight. Approximate installed weight: 452 - 615 lbs. (205 - 279 kg). General This specification is for use over any type of approved structural deck which is not nailable and which offers a suitable surface to receive the roof. Poured and pre -cast concrete decks require priming with JM Concrete Primer prior to application of hot asphalt. This specification is also for use over JM roof insulations or other approved rigid roof insulations, which are not nailable and which offer a suitable surface to install the roof. Specific written approval is required for any roof insulation not manufactured or supplied by JM. Insulation should be installed in accordance with the appropriate JM Insulation Specification detailed in the current JM Commercial/Industrial Roofing Systems Manual. This specification can also be used in certain reroofing situations. Refer to the "Reroofing" section of the JM Commercial/ Industrial Roofing Systems Manual. This specification is not to be used directly over poured or pre -cast gypsum or lightweight, insulating concrete fills. Design and installation of the deck and/or substrate must result in the roof draining freely and to outlets numerous enough and so located as to remove water promptly and completely. Areas where water ponds for more than 24 hours are unacceptable and are not eligible to receive a JM Roofing Systems Guarantee. Note: All general instructions contained in the current JM Commercial] Industrial Roofing Systems Manual should be considered part of this specification. Flashings Flashing details can be found in the "Bituminous Flashings" section of the JM Commercial/Industrial Roofing Systems Manual. Non-Nallable Deck or Approved Insulation Concrete Primer (If Required) Asphalt 4GIG 81/2 Exposure Application Note: On roof decks with slopes up to 1" per foot (83.3 mm/m), the roofing felts may be installed either perpendicular or parallel to the roof incline. On slopes over 1" per foot (83.3 mm/m), refer to Paragraph 6.11 of this section for special requirements. Using GlasPly Premier or GlasPly IV, apply a piece 9" (229 mm) wide, then over that, one 18" (457 mm) wide, then over that, one 27" (686 mm) wide. Over these 3 partial sheets install a full width 36" (914 mm) piece. The following felts are to be applied full width, over -lapping the preceding felts by 271h" (699 mm) so that at least 4 plies of felt cover the substrate at all locations. Install each felt so that it is firmly and uniformly set, without voids, into the hot asphalt (within t25°F [t14°C] of the EVT) applied just before the felt at a nominal rate of 23 lbs. per square (1.1 kg/mf) , over the entire surface. Installation over porous substrates such as roof insulation may require up to 33 lbs. of hot asphalt per square (1.6 kg/tr?). Surfacing Flood the surface with the appropriate asphalt at an approximate rate of 60 lbs. per square (2.9 kg/n ). Into the hot asphalt, embed an acceptable gravel at a rate of 400 lbs. per square (19.5 kg/m') or an acceptable slag at a rate of 300 lbs. per square (14.6 kg/rr). Aggregate must be installed so that there is complete coverage across the entire surface and at least 50% of the aggregate is solidly adhered in the hot asphalt. Aggregate should meet the requirements of ASTM D 1863. Asphalt Asphalt should meet the requirements of ASTM D 312. JM Guarantees require the use of Trumbull asphalt or another JM Approved Asphalt. The Contractor must provide an Asphalt Confirmation Number (ACN) on projects which require a JM Guarantee. The ACN will indicate that the asphalt was registered with the approved asphalt source. Check with a JM Technical Services Specialist for special asphalt requirements in hot climates. For an identical copy of this specification, ask for RS-2035. • • EXHIBIT 10 MAY 7 AGENDA LAW OFFICES MISHAN, SLOTO, GREENBERG & HELLINGER, P.A. A PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER - SUITE 3000 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 TELEPHONE (305) 379-1792 FACSIMILE TRANSMISSION SHEET Date: April 4, 2002 To: Donna Reynolds From: Andrew B. Hellinger, .Esq. Our File Name: City of Okeechobee Our File Number: S57.001 Number of Pages (including this cover sheet). Document: Message: Copy Mailed: yes. FACSIMQ.E (305) 379-2328 Fax No.: 863-763-1686 Phone No.: 863-763-3372 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL BACK ON (305) 379-1792 AS SOON AS POSSIBLE AND ASK FOR ANGIE. PLEASE NOTE: The information contained in this facsimile message is privileged and confidential and is Intended only for the use of the individual noted above and others who have been specifically authorised to receive it. If you ere not the intended recipient, you are hereby notified that any disseminstien, distribution or copying of this comunication is strictly prohfbited. If you have received this cum unicetion In error, or if any problems occur with transmission, plesse notify us imnsdistely by I.d 0026 13r83Sb-1 dH Wd9I:9 2002 4+0 NdU • u LAW OFFICES MIBHAN, SLOTO, GREENBERG & HELLINGER, P.A. A PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER • SUITE 3000 e 200 SOUTH BISCAYNE BOULEVARD MIAMI. FLORIOA33131-2328 T[LEaHON[ 130S1 370-179P FAX (305) 379-R328 February 12, 2002 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 S T A T E M E N T Matter: S57001 v. Zenith Insurance Client: S5? For Professional Services Rendered: 12/01!2001 GSS Continue working or, supplemental motion 5.00 $ 750.00 on remand, Draft memo re: remand 12/03/2001 AH Work on three motions and memorandum of 3.00 825.00 law. 12/04/2001 GSS Continue on memo 4.00 600.OIJ 12/04/2001 AH Work on motion to transfer and motion to 2.50 687.50 dismiss; telephone conference with R. Gilbert regarding evidence issues. 12/05/2C01 GSS Wcrk memo re: remand/abstention; 3.00 450.00 assemble case law 12/05/2C101 CGP Work on Motions 3.50 682.50 121/05/2001 AR Work on responsive briefs and supplement 3.80 1,045.00 regarding remand. 12/06/2001 CGP Motions 2.90 546.00 12/06/2001 AH Work on briefs and evidence. 2.50 687.50 12/06/2001 A4 Telephone conference regarding Court 2.30 632.50 hearing; work on orders and negotiations; conference with attorneys regarding all issues, claims and settlement. 12/06/2001 GSS Conversation with ABH re: discuss remand 1.40 210.00 and abstention issue; review Berger insurance notice in pacer 12/06/2031 GSS Proofread three memos re: remand, venue, 4.00 600.00 dismissal, research re: removal of the other co-defendant 12/07/2001 CGP Work on Remand Motion 9.50 1,852.50 12/07/2001 FL4 work on briefs. 2.00 550.CIO 12/07/2001 GSS Research re: change of ve-nue 0.60 90.CIO 12/08/2001 CGP Work on Motion 1.80 351.00 7.2./09/2001 CGP Work on Motion 2.00 390.00 1.2/10/2001 CGP Fini-sh Motion and file 3.30 643.50 2-d OOZE 13rN3Sd-1 dH Wd91:9 2002 1?0 Ndw LAW OFFICES MISHAN, SLOTO, GREENBERG & HELLINGER, P.A. A PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER • SUITE 3000 E 20O SOUTH BISCAYNE BOULEVARO MIAMI, rLOAIOA33131-2328 t LLEPHOME (305) 379-1792 FAX (305) 379-2328 Matter: S57001 ------------------------------------------------------------------------------ - February 12, 2002 Page 2 12/11/2001 AH Work on brief and evidence issue; 1.00 275.00 telephone conference with B. Gilbert regarding documents. 12/11/2001 CGP Prepare for hearing; Prepare ali 5.G0 975.00 documents and exhibits 12/12/2001 AR Prepare for Court; conference with G. 2.00 550.00 Gilbert and S. Robbins. 12/12/2001 CGP Prepare for hearing; Review exhibit 2.00 390.00 binder; Letter to Gillbert; Review Grit Counterclaim 12/13/2001 AH Prepare for and attend Court. 5.30 1,512.50 12/13/2001 CGP Prepare for hearing 1.50 292.50 Total Professional Services S 15,588.00 For Disbursements Incurred: ---------------------------- 12/31/2001 1625 Photocopies $ 243.75 01/31/2002 Baron Messenger Service 122.98 Total Disbursements Incurred $ 366.73 Recapitulation -------------- At 150.00 per hour GSS worked 18.00 Hours for $ 2,700.00 275.00 AH 24.60 6,765.00 195.00 CGP 31.40 6,123.00 For Professional Services 74.00 Hours $ 15,598.00 For Disbursements --nctirred 366.73 ------------- $ 1.5, 954 .73 Less Courtesy Discount - 2,954.73 Bill # 29323 Total Due ------------- $ 13,C00.00 IRS # 59-2725362 E'd OOZE 13rN3SH-1 dH Wd91=9 0002 *0 bdu i LAW OIFICES MISHAN, SLOTO, GREENBERG & HELLINOER, P.A. A PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER • SUITE 3000 200 SOUTH 81$CAVNE BOULEVARD MIAMI, FLDRIDA33131.2328 TELEPHONE (30S) 379-179Z FAx (30S1379-23219 January 18, 2002 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 S T A T E M E N T Natter: S57001 v. Zenith Insurance Client: S57 For Prcfessional Services Rendered: 11/02/2001 CGP Review documents; Research on State Law 5.90 $ 11150.50 Claims; Prepare memorandum 11/03/2001 GSS Legal research re: removal and remand, 3.00 450.00 re: 3rd party claims 11/04/2001 GSS Legal research re removal and remand, 2.00 300.00 re: 3rd party claims 11/05/2001 GSS Legal research re: removal and remand, 5.00 750.00 re: 3rd party claims 11/0S/2001 AH Prepare for Court; prepare evidence and 5.50 1,512.50 case law. 11/05/2001 CGP Research on hearing 1334(c)(2) 2.10 409.50 jurisdiction !1/14/2001 GSS Telephone call with Usher Brown, re: 0.20 30.00 copy of plan is incomplete 11/19/2001 GSS Prepare supplemental memorandum of law 6.00 900.00 11/21/2001 GSS Revise memorandum of law; legal research 7.50 1,125.00 re: mandatory extention 3.1/21/2001 AH Review pleadings; analyze and outline 1.00 275.00 response. 11/26/2001 ',ASS Prepare merro in support of motion to 1.5G 225.00 extend tirre to respond to venue and dismissal notice !1/26/2001 All Work on response motion. O.EO 165.00 11/27/2001 GSS Work on briefs re: remand, venue, 4.5C 675.00 research re: standing 11/27/2001 AH Review Zenith pleadings and outline i.00 275.00 response and issues. 11/28/2001 AH Review order; prepare e-mail to Robins; 0.7C 192.50 outline issues fur response in support by 12,'6 deadline. 11/28/200; CGP Review Notion to Dismiss; Begin 1.20 234.00 response; E-mail ro Robbins b'd 0026 13r83Sd-1 dH Wd91:9 Z00a *0 Ndu C� J LAW OFFICES MISHAN, SLOTO, GREENBERG & HELLINGER, P.A. A PROFESSIONAL ASSOCIATION FIRST JNION FINANCIAL CENTER - SUITE 3000 20o SOUTH BISCAYNE BOULEVARD M IAM I, FLORIDA 33131.2328 TELrs mo VE (305) 379-1792 FAX 379-2328 Matter: S57001 - January 18, 2002 Page 2 ----------------------------------------------------------------------------- 11/29/2001 GSS Research re: standing; issues 2.50 375.00 11/29/2001 CGP Review financial statements; Research on 2.90 565.50 Motion to Dismiss; State claim and economic loss 11/30/2001 CGP Work on Motion to Dismiss; Motion to 4.90 955.50 transfer venue; Phone call with Robbins Total Professional Services $ 10565.00 Recapitulation -------------- At 195.00 per hour CGP worked 150.00 GSS 275.00 AH For. Professional Services For Disbursements Incurred Less Courtesy Discount Applied From Trust/Retainer B_ll 4 29243 IRS 4 59-2725362 17.OG Hours for $ 3,315.00 32.2G 4,830.00 8.80 2,420.00 58.00 Hours $ 10,565.00 0.00 ------------- $ 10,565.00 1,056.50 ------------- $ 9,508.50 1,145.00 Total Due $ 8,363.50 S'd OOZE 13C83SUI dH WdBT=S 2002 b0 add • EXHIBIT 11 MAY 7 AGENDA The following is an outline of a proposed polio l . This is strictly a volunteer program and will be handled on a case -by -case basis. 2. This is for non-workman's compensation cases. 3. The program will provide time for only serious (emergency) need. The requesting party must have zero hours remaining in their accrued leave and sick leave account. 4. Department Head will present a request at the weekly meeting of department heads for annual or sick leave in a specific case. 5. Department heads will take this request to their respective staffs, immediately. Each eligible individual will then indicate if they are willing to contribute. To be an eligible contributor, an employee must have 60 hrs. remaining in their account after their contribution. 6. After the number of willing contributors is determined, the requested hours will be broken down to each individual account to attempt to reach the needed hours. 7. After this determination is made, the contributor will sign a form confirming their desire to contribute the prescribed hours to this specific case. 8. Then, following careful determination and verifying the specific need for the prescribed hours, the hours indicated on the signed forms will be transferred from the contributors leave account(s) to the subject employees sick leave account. 9. In the event of prolonged and exceptional need, this process could be repeated for the same requesting individual with the same emergency. Reason for having a sick leave relief policy: From time to time an employee has become seriously ill and/or needed an operation but due to prolonged illness they have no leave time left. Unable to work, their paycheck is reduced accordingly. In order to help offset this pay loss, using this program, staff could provide assistance to fellow employees who find themselves in a difficult situation. Control Safeguards: 1. Contributor consent by signature stating the number of hours to be given each time a request is to be made. 2. Use monitored by Department Head. Use monitored by Staff (and ultimately fellow employees. ADDED ITEM TO EXHIBIT 11 WHEREAS, the City of Okeechobee provides for the accrual of sick leave benefits to its employees in chapter four of the personnel policies and procedures manual; and WHEREAS, there is from time to time an occasion where an employee suffers or experiences a catastrophic injury or illness that is not job related, and which requires the expenditure of all accrued sick leave time; and WHEREAS, in such situations, the employee is left with the only alternative to take an unpaid leave of absence without pay, which in time of medical necessity can cause an extreme hardship on an employee and his or her family; and WHEREAS, the employees have determined to create a pool of donated sick leave time, by voluntarily contributing certain hours of accrued sick leave to a "bank" oftime maintained in the City, so that fellow employees can draw from such account the donated sick leave time, to avoid the harsh alternatives of unpaid leave; and WHEREAS, the City of Okeechobee believes that such a program will increase employee morale, and provide a valuable benefit for those employees in true need of assistance; THEREFORE, be it ordained and resolved as follows: I. THAT the City of Okeechobee, Florida hereby amends chapter four of the personnel policies and procedure manual, and in the section entitled "Benefits", adds paragraph 3 to said policy, which shall read: 3. All employees are permitted to participate in a strictly voluntary program, whereby an employee, in non job related or workman's compensation sick leave, may contribute his or her accrued sick leave time, as calculated above, to an account for other employees to draw upon in time of dire need, subject to the following conditions: a. The intent of the program is that sick leave time is to be drawn for use by fellow employees only in cases of extreme need, and is not to be used for non - serious illness or injury. b. The donated sick leave time of an employee shall be monitored by that person's department head, who shall receive all requests to donate time, as well as requests to use the donated time, and to determine the eligibility of the requesting and contributing employee for such request, and whether the stated need to participate is legitimate. Page 1 of 2 C. No employee may donate accrued sick leave time to the account unless the donating employee retains a minimum of 60 hours of accrued sick leave time in their own account after the contribution.. d. No employee may draw upon and use donated sick leave time unless the requesting employee has zero hours of remaining accrued sick leave in his or her account. e. At any time that a request for use of sick leave is requested, the department head shall take the request to the other employees in that department, and determine which employee, if any, is willing to contribute accrued sick leave, and in what amount. When the total number of contributing employees is determined, the requested hours shall be broken down to each individual account to reach the needed hours for the requesting employee. f. Each contributing employee shall sign a form designating the number of sick leave hours he or she is donating and such hours thereupon shall be transferred from the contributor's annual sick leave account to that of the requesting employee. g. In the event of prolonged and exceptional need by an employee, the request for hours and donation of same by fellow employees may be repeated as necessary so long as the employees are eligible to participate. h.. As this is a voluntary program, no employee shall possess any vested right or obligation to participate in the program, and the decision of the department head as to eligibility and need shall be final. i. In the event the requesting employee should return to work sooner than expected, any unused contributed time shall be transferred back to the donating employee's account. Page 2 of 2 APR-24-2002 WED 01:55 PM • FAX NO. 0 The Heritage companies 5505 North Atlantic Ave. Suite 115 Cocoa Beach, FL 32-031 (321) 799-4090 phone ' (32 T) 799-0233 fax facsimile transm tt AI To: Bill Veach Fax: 863-763-7686 From: Keith Roberts Date: April 24, 2002 Re: "Okeechobee Too" Pages: 4 CC 0 Urgent p For Review 0 Please Comment 0 Please Reply p Please Recycle Good Afternoon! Missed you last night at the meeting. Let me give you a brief rundown on the progression of the application, One hundred eighty 0 80) applications were filed with Florida Housing. Out of that amount, 33 were elderly. Our of those, 3 to 6 will be Funded. There is only one problem that arises_.. Okeechobee is one of the eight counties that get an extra 2 point boost. 1 am missing one letter which is worth 2 points! With the letter, the chances of funding are in our favor because we submit a perfect application. Without it we go back into the regular grouping, which is a roll of the dice at best. Exhibit 38 is attached. Tabitha talked to Ceorge Long, but said the county doesn't have it. My questlon is this: if the city doesn't have it in their comprehensive plan, can we request the City Council to adopt an ordinance for this particular letter? Basically it's a technicality; modifications, reductions, EXHIBIT 12 MAY 7 AGENDA APR-24-2002 WED 01:55 PM . FAX N0, � P. 02 waivers and alternative methods of fee payment for affordable housing, No set amount or percentage is stated, so that would be up to the discretion of the city. Tabitha also stated that Bill Royce might help in coming up with a plan. I know the concerns of the city would be that everyone would request, but only bona fide affordable housing would have access. The policy could even further restrict the policy to affordable housing applying for funding from the Florida Housing Finance Corporation to leverage local funds. The creation of such a policy enables Okeechobee to be competitive at the state level for equity and low interest loan programs. This would benefit the city and county with increased tax base and new jobs. The majority of cities and counties in Florida have adopted this to help promote growth in that area of need. Bill, whatever you could do to help would be appreciated. I want to beat the competition. We want to win. We want to proceed with Okeechobee, too, Thank you - Keith Roberts FYI: Florida Housing response to this issue -page 3 AFR-24-2002 ZD 01:55 FM • FAX NO. • F. 0 31. Alordablc housing ir'centives Subject: Re: Afordable housing incentives Date- Thu, 14 Mar 2002 12;06:38 -0500 From: "Tom Burt" <Tom.Burt@floridahousing.org> To: <jacpim@bv.rtct> CC: "Gayle White" <Gayle.Alit ca,,floridahousing.org> Good Mornin Ma. Jacqui, I do rerrcrber our conversation or email and did promise that we wool' b putting such a documcnt togethez. 'Unfortunately, as we looked into the universal npplica.i.on process and looked at the Local Reusing Asistance Plans Established by al' 67 Counties and art additional 4$ Entitlement Cities, we found that there wool: be questions sae might need to consider further than just a 3ircpls page rcf�rence. To :hat extent, we have decided not to create such a list Of incentivez. Hcwever, each local government is mandated by SRIP's Florida Statute to establish housing incentives into their Local Housing Assistance Plan. The two requirements are a expedited permiting process and a process by which a local govarrimsnt reviews tr.e cost of its local govc:srent ordinances. See Section 420.9071(16), and Sect -on 420.9076 A) (a) ana W FS. The final two local gcv_rnment issues are t o confirmation of the local governments on -going process for prevIding contributions to affordable housing properties cr dtvelopmantz and the modification of fee reguiremants. Ail four of these re.11;lr£mer.ts w..11 be eva'_uatcd and a eonfizriaticn mare zc:garciir.g each application and each local goverrxnant. :orxy for any misunderstanding regarding this review process. :Bart, SH_P Ac:mi.nistra-�or. >>> Jacq.ty McPhillips <jaccruim0bv.nat> 03/24/02 I0:49A1A >=> Good morning Tom, :During, a tclep?:one conversation with you last-_ month, you mentioned that you were compiling a list, by local jurisdiction, of the inecntive= chat each provides in their SHIP plan fcr af=crdable housing. I believe there are a possible four that we discussed and which _.s referenced in the FHFC Universal application. I also believe that you mentioned that each jurisdiction must provide at least two of the .incentives. I have contacted a number of county governments to inouire as to now many of the ncentives they offer L'ui_e a few of the county's stated that they do not offer any of tna four. Thex^_fore, I am soniewhat confused. It would appear that some local governments are not aware: that they are required to provide at '_.east two cf the incentives or I :ai5l,nderstood what you told ne. In preparation of the up,r.om.i.ng FHFC universal application, I am eagar to know whit incentives each county or city does provide. I would rather rily on what your affico prepares Have you complete-_' year compilation. of the information by local ;ursisd'Lotion as sot? Wf:en completed, I would like to request a copy, �miy e-mail address is acquim@bv.net or wax: (321) 799-4090. Thank you for yo-;r assistance Tom. Jacqui Mcp:iil:i.ps, The Hetitage Companies 4l24/02 12.17 P V 1 of 1 PPR-24-2002 LIED 01:56 FM • FAX H0. � P. 04 LOCAL GOVE.RNNIEN'1' VFRTFICATION OF AFFORDABLE HOUSING TNCENTIVES MODIFICATION Of FEE REQliIREMFNTS FOR AFFORDABLE HOUSING. - PROPERTIES OR DENY-LOPMENTS ~tame of Applicaut: Okeechobee Too, Ltd. Name of De-%-'eloptncnt: Okeechobee Tao Address: N.W. 3 & 5 Ave. & N.W. l l & 12 St., Okeech(Ybee. FL, 312. 2 Name of City or County Government: The referenced local government currently makes available to affordable housiz,- profrertics or develotmients the modification of fee requirements, including a redurtion or waiver of fees and aiterrtative methods of fee payment. CERTIFICATION is certify that the above infortnaiion is true and correct. Si�natura Date Print or Typo Name Print or Type Title ~ This ccrtifc4tion must be signed by the Mayor, City Nlsnager, County Manager! a: Chairperson of the City Council/CL)mmissiokt or Chairperson of the Board of County C'0a"niss107)^rs. Other signatories arc not acceptable. Zero points will be awarded. Signatory must be a rept'cscraative of the local government that has enacted the incentive. For purposes of this form only, if a Development is locat.cd within a municipality but the incentive is not available in the city, Applicant tn:.y uic county incentive. For example, if a Development is located in a town which does not have impact fee requirements but the county has such requirements and they have a reduction or waiver of these fees for affordable housing, the Applicant nay submil a properly rxmAcd f.ocai Govenrmcnt Vcrifiea`aon of Affordable Dousing Tnceutives For.n fro:n the County, The Applicant will not receive credit for this incentive if the certification contains corrections or'white-out'. Ir the certification is scanned, ima¢ed, altered, or retyped, the Applicatioo will fail threshold and °will be rejected automatically. The certifcatiou tnay be photocopied, UAlatG 1<xhibit 38 OXEECHOBEE rOO OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA EXECUTIVE SUMMARY 0ke,eCJ10LV,e1 Too- is a 50-unit Elderly rental community designed to meet the needs of persons 62 years of age and older. The proposed community is to be developed on a site of approximately 5.59 acres located in the City of Okeechobee, Okeechobee County, Florida. It is located between N.W. 3rd and 51h Avenues and N.W. 1 lth and 12d' Streets. The new community will consist of 33-one bedroom/one bath units, 17-two bedroom/one bath units. The development will have 30 year roofing, exterior lighting in open and common areas, termite prevention and pest control. Each unit will have a fully appointed kitchen with quality appliances (General Electric or equivalent). Each kitchen will have a large refrigerator, range, dishwasher, garbage disposal, and pantry with an adjacent dining room. Each unit will have central air conditioning, cable hook-up, marble windowsills, window treatments, steel exterior entry door frames, ceiling fans, and washer -dryer hook-ups. Additional features include 15% of the units with Roll -In Showers and 100% of the units with the Thermostat placed at 48" height, tight -napped Berber -type carpet, 36" entrances on all exterior doors, all wall electrical outlets at 18"-24" height, scald control valves on shower faucet, fire retardant window treatments, peephole at 4' 10" on all exterior doors, toggle type switches for all lights and fans, adjustable shelving in master bedroom closets, lever -action handles on all doors in units and public areas, and horizontal grab bars around shower and toilet per ANSI requirements. Energy efficient appliances 'and cooling/heating units will provide maximum efficiency for the community and the resident, including the use of electric utilities. The units are spacious with approximately 750 — 850 square feet of living space. Amenities will include a clubhouse community center, laundry facility, multi -purpose court, covered picnic area with tables and outdoor grill, library, computer learning center, and on -site management. All of the community's units will be offered for rental to future residents under the Low Income Housing Tax Credit and SAIL Programs. Incomes will range from approximately $13,400 to $19,260 per household, depending on household size. Qualifying incomes will be based on current HUD Income Limits. Of the 50 units, 44% (22 units) will be set -aside at 50% of the area median income ($35,700 AMI), with 56% (28 units) to be set -aside at 60% AMI, providing rents ranging from $278 to $400. • • Rental rates and set -aside percentages are set forth in the following chart: Unit Tyne: % of Median Income: Net Rent to the Tenant*: 1/1 50% $278.00 1/1 60% $350.00 2/1 50% $324.00 2/1 60% $400.00 The owner of the development will be a newly formed Florida limited partnership. The general partner will be a newly formed Florida corporation, with Florida based principals, having over 7,000 units of affordable housing in 17 states. The proposed equity limited partner would be a Midland Equity Fund entity. Midland Mortgage, out of Clearwater, is the proposed construction/permanent lender. Broad and Cassel, a recognized multi -state tax firm out of Orlando, would serve as the Partnership's real estate and tax attorneys. Reliance Management Services, a national property management firm skilled in the management of housing credit properties, would be the property manager and is also headquartered in Orlando. Heritage Construction Company out of Cocoa Beach will be the general contractor working with local contractors, subcontractors and officials in completing the community. Funding for the development is proposed from: 1) the sale of housing credits providing approximately $3.1 million in equity; 2) a conventional construction loan of approximately $315,641; 3) $1 million subsidy; and 4) deferred fees. Total project costs are anticipated to be approximately $4.2 million. 2 • • i OKEECHOBEEQ K tCHj 5 SPORTS M, 1 `IL COUNTY IW 23 ZLA ;AIRPo T Indian RiverfVW 2-9 LA �� Community NW 21 LA College 2 NW 20 LA RODEO ARENA NW 17 HOSPITAL O t NW 16 ST - - - J Zi > NW 15 ST �tursing << _ NW 14 ST Dome l D E, N S > rlw�sJ �- - - 13 Q ? 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[2 f0 9 0 7 6 5 4 3 2 1 13 i2 ' if i0 9 9 7 6 5 4 2 1 13 VACP LANb/ 1 �-- j i4 ? f5 17 iH 19 20 2f 2? 23 24 25 26 14 15 'i5 i1 '1H f9 20 ' 21 22 e3 24ES- Cfi 112.5 R 5 47. 5 7a 50 50 70 N. K. 13 TH STREET [NINETEETH ST. ) 1 12 t0 4' 8 7_ 8' 5 4 3 2 1 L i1 [0 9 6 7 6 5 4 3 2 1 3� .[ A _ : 1fAC T !_ D ( 14 .0 a l5 t7 18 i8 20 at 22 23 24 25 25 La 15 i6 '17 18 19 20 21 22 ' 23 24 25 26 p 1fi 142.5 ,r ;n Sa W w ra 5 m ^•-•—,� K M. f2 TH STREET (EIGHTEENTH Si. Q f2c9U� 4 13 12 11 L0 9 0 7 6 5 4 3 2 1 z F-- i 1. p Cq fJT LANE) . . C4 � N = t5 [T -is. [ 20 21 22 23 24 a 26 2 . _ [4 15 16 11 18 f9 20 2( 22 23 �4 � 25 6 N. W. 1 i TH STREF" I SEYF-NTEET14 $T. a 11 w = 12 LO s a 7 6 5 3 2 1 �" 13 e 14 i5 17 iH 19 ' 20 21 ' 22 ' 23 ' 24 ' 25 ' 26 18 '� Of 112_ 5 47. 5 Al, 5 70 Z Q p N_ M_ 10 TH STREET (S1xTFEHTH ST- 1 f2 10 9 8 7 6 5 [ 3 2 1 F(2a 9 8 7 6 5 4 3 2 1 t5 17 [8 19 ' 20 21 22 23 24 25 26 18 t9 d0 2i 22 123 24 26 W, , I cn X 7wa e. O r t • 1 E 2 ALL y� � z�/!t ;1� yXAI z a1 ►i %*- �� ►- ;'� a ��s!i SEVENTEENTH STREET 1 ONa 15 so to rM d iLTGHPS ARC,X-LL'I XA- I UELP INC as PlpU81EYRxX.,1 [51Q kw-(. KY N II56/'a2713 �Aai ;►r. 5�2i i. 1 I OKEECHOBEE T00 pa, • ��7-vTT LUCJG 11: 11. ub:'7-631-6ti6 CITY OF OVEECHOBEE PAGE 06 0 RESOLUTION NO. 02.7 A RESOLUTION OF THE CITY OF OKEECHOB FLORIDA AUTHORIZING THE WAIVER O ATEMEN {�� ro OF CERTAIN DEVELOPER'S COSTS FOR Z , gE, PERMITS, PLAN APPROVAL, OR OTHER FEES CHARGED BY THE CITY FOR QUALIFYING PROJECTS SUCH AS THE CONSTRUCTION OF LOW-INCOME OR ELDERLY HOUSING PURSUANT TO GRANT FUNDING; PROVIDING FOR SEVERAIiILITY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida finds that it is in the best interests of its citizens and of the public in general to promote the develo within the Ci pment of certain qualifying residential projects ty, particularly when the project is funded by public grants, and benefits the elderly or low-income families; and WHEREAS, the City ofokeechobee, Florida finds that there is a or the develoment and construction of additional affordable housing for the elderly or owssing need fincomee family and families; and that such housing promotes the general well being and standard of life for such qualifying families; WHEREAS, it becomes necessary for the City to provide certain financial incentives to the developers ofsuch qualifying projects to assist in the grant process and im of a particular project becoming funded, in light ofthe man competing PTove the likelihood funding; and Y pettng projects that also seek WHEREAS, the City of Okeechobee, Florida finds that a waiver or abatement of certain development fees on such projects is an acceptable trade-off to encourage the location and development of such projects in the City; WHEREAS, an application is pending by OKEECHOBEE TOO, LTD for the develo pmet of Property in the NorthWest section of the City near N.W. 3w avenue and N.W. 11 m streetand requires that the city authorize the execution of certain housing incentive documents, THEREFORE, it is ordained and resolved as follows: 1 • THAT the city of Okeechobee, Florida hereby agrees to abate all building ite plan review, zoning and or future land use amendment, and associated fees that care traditionally charged by the City to developers of real property for a period not to exceed twelve months from the date of this resolution, project: for the following specific The development of low-income or housing for the elderly by OKEECHOBEE TOO, LTD on real property located in the City of Okeechobee, Florida near N.W. 3 & 5 h Avenues and the intersection of N. W. 11 & 12* streets. . THAT this resolution authorizes the Mayor for the City of Okeechobee to execute the "Local government verification ofaffordable housing incentives modification of fee requirement for affordable housing properties or developments" which is attached as exhibit 38 to this resolution. 3• THAT this resolution does not waive the fee requirements of the City, but operates as an abatement of the fees and provides for alternative methods of fee payment. Page 1 of 2 05/07/2002 11:41 8637631686 CITY OF OKEECHOBEE PAGE 07 INTRODUCED AND ADOPTED this r day of M", 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