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1995-10-17C)44 1101 0KEECyO 0 -_ F(OR1C�/ff �i.0.0, 1 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on October 17, 1995 at 7:00 p.m B. Invocation offered by Reverend John Hart; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Noel A. Chandler Councilmember Michael G. O'Connor Councilmember Robert Oliver Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Councilmember Watford acting as Chairman in Mayor Kirk's absence called the meeting to order on October 17, 1995 at 7:00 p.m. Reverend John Hart offered the invocation; Chairman Watford led the Pledge of Allegiance. Deputy Clerk Gamiotea called the roll: Absent Present Present Present Present Present Present Absent Present D. Motion to dispense with the reading and approve the Summary Councilmember Oliver moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 3, 1995. of Council Action for the regular meeting of October 3, 1995; seconded by Counr" member O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. PAGE 1 OF 9 ►4 II II h .- 0 X N c X li If II 045 OCTOBER 17, 1995 - REGULAR MEETING - PAGE 2 OF 9 +r _... ...:.: ... ...............:...:..:.. ::< REQUEST FOR THE ADDITION, DEFERRAL OR WITH- Chairman Watford asked if there were any requests for the addition, deferral or DRAWAL OF ITEMS ON TODAY'S AGENDA. withdrawal of items on today's agenda. There were none. E. OPEN PUBLIC HEARING FOR REZONING Chairman Watford opened the Public Hearing for rezoning at 7:03 p.m. 1. Consider Petition No. 95-431-R for a zoning change for property located at 201 N.W. 13th Street from Residential General-1 (RG-1) and Commercial (C) to Heavy Commercial (C-2) - Bill Royce (Exhibit 1). Chairman Watford gave the floor to Zoning Administrator Bill Royce to address the Council on the rezoning request. Mr. Royce explained to the Council that the applicants, Michael and Angela Armstrong are requesting a zoning change on their property which are Lots 7 to 10 and 24 to 26 of Block 14 in City of Okeechobee subdivision located between Northwest 12th and 13th Street. It is approximately 1.22 acres. Lots 7 to 10, the West half of Lot 24 and all of 26 are currently zoned Residential General-1 (RG-1). The East half of Lot 24 and all of 25 are zoned Commercial (C). They are requesting all the property be zoned Heavy Commercial (C-2). The Applicants are also requesting a Special Exception in order to build mini ware- houses on Lots 7 to 10, with future plans to build an auto repair shop on Lots 24 to 26. Another Special Exception will be required for the auto repair shop. The request is consistent with the City's Comprehensive Plan. The Staff recommended approval of the request. The land will have to be screened or buffered from the adjacent residential properties. The Planning Board voted unanimously that the City Council grant the request for the change in zoning. Councilmember O'Connor moved to uphold the Planning Board's recommendation to approve Rezoning Petition No 95-431-R (City No. 88) for a zoning change for property located at 201 N.W. 13th Street (Block 14 Lots 7-10, 242ti, City of Okeechobee) from Residential General-1 (RG-1) and Commercial (C) to Heavy Commercial (C-2) and Petition No 95-430-S for a Special Exception to allow mini warehouses-, seconded by Councilmember Oliver. Councilmember Watford asked if there was anyone present that would like to speak in regards to the rezoning request. There was no one present who wished address the Council. 046 OCTOBER 17, 1995 - REGULAR MEETING - PAGE 3 OF 9 E. PUBLIC HEARING FOR REZONING 1. Consider Petition No. 95-431-R for a zoning change Chairman Watford read a memorandum from Clerk Thomas concerning a telephone call continued. her office received today regarding the rezoning stating that Arlington and Kathleen Sprecher oppose the rezoning request. The memorandum was made part of the official record. Chairman Watford asked Mr. Royce if there were any objections stated at the Planning Board's meeting. Mr. Royce responded that no one present other than the applicants addressed the Planning Board. Vote on motion to approve the zoning request is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING III Chairman Watford closed the Public Hearing for rezoning at 7:12 p.m. F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 111 Chairman Watford opened the Public Hearing for ordinance adoption at 7:12 p.m. 1. a. Motion to read by title only Ordinance 686 amending Councilmember O'Connor moved to read by title only, proposed Ordinance No. 686 the City of Okeechobee General Employees Pension Plan amending the City of Okeechobee General Employees Pension Plan; seconded by - City Attorney (Exhibit 2). 1 Councilmember Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X P, X 047 OCTOBER 17, 1995 - REGULAR MEETING - PAGE 4 OF 9 F. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. a. Motion to read by title only Ordinance 686 continued.111 Attorney Cook read proposed Ordinance No. 686 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OSEECHOBEEMUNICIPALGENER LEMPLOYEES' PENSION TRUSTFUNDASADOPTED BY ORDINANCE 655 AND AS SUBSEQUENTLYAMENDED INCORPORATING EMPLOYEES OF THE OKEECHOBEE UTL=AUTHORITYINTO THE SYSTEM TO BE REDESIGNATED THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETRZEMENT SYSTEM, PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES, PROVIDING FOR FINANCES AND FUND MANAGEMENT, PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY,• PROVIDING FOR DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDIlVG FOR CLAIMS PROCEDURES; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A BOARD ATTORNEY AND PROFESSIONALS, PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTIONOFBENEFITS; PROVIDINGMISCELLANEOUSPROVISIONS; PROVIDINGFOR REPEAL OR TERMINAT70N OF THE SYSTEM; PROVIDING FOR EXEMMON FROM EXECU77ON AND NON ASSIGNABL=; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR TRANSFERS W77HW T RE CITY; PROVIDING FOR CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT, PROVIDING FOR DIRECT TRANSFERS OFELIGIBLEROLLOVER DISTRIBU77ONS; PROVIDIlVGFOR REEMPLOYMENT AFTER RETn?EMENT, PROVIDINGFOR CODIFICATION; PROVIDINGFOR SEVERABRUTYOF PROVISIONS; REPEALINGALL ORDINANCES IN CONFLICT BEREWITHAND PROVIDIIVGAN EFFEC77VE DATE.' b. Motion to adopt Ordinance 686. III Councilmember O'Connor moved to adopt proposed Ordinance No. 686; seconded by Councilmember Oliver. Chairman Watford opened the floor for discussion among the Council. Councilmember O'Connor asked why the Okeechobee Utility Authority employees were mentioned? Administrator Drago explained that this ordinance is not just to add the increased amount the City is now contributing but to rename the ordinance to also allow the OUA employees to continue with the program. Chairman Watford asked who prepared this ordinance and is the military a new section? 048 F. PUBLIC HEARING FOR ORDINANCE ADOPTION 1. b. Motion to adopt continued. 1. c. Public Comment. 1. d. Vote on Motion. CLOSE PUBLIC HEARING G. NEW BUSINESS OCTOBER 17,1995 - REGULAR MEETING - PAGE 5 OF 9 L.C. Fortner a Pension Trustee was present and responded to Chairman Watford's questions that the pension attorney prepared it, the military section has been in previous ordinances, however the laws have changed and it had to be amended as appropriate. Administrator Drago also interjected that it was his understanding that most of the proposed changes are due to the Federal changes in pension plans. Chairman Watford asked if there were any questions or comments from the public. There were none. Vote on motion to adopt proposed Ordinance No. 686 is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Chairman Watford closed the Public Hearing for ordinance adoption at 7:19 p.m. 1. Proclaim National Hospice Month - Councilmember Chairman Watford read the proclamation in it's entirety as follows: Watford. 'WHEREAS, Hospice volunteers and staff provide a special kind of caring for those in our community who are terminally ill; and WHEREAS, Hospice helped meet the medical, emotional and spiritual needs of more than 340,000 terminally ill adults and children across the Nation last year alone; and WHEREAS, Hospice focuses on the entire family; and WHEREAS, Hospice in the United states has flourished from one program in 1974 to more than 2,500 today; and n I 049 G. NEW BUSINESS Proclaim National Hospice Month continued 2. Discuss Building and Zoning - City Attorney (Exhibit 3) OCTOBER 17, 1995 - REGULAR MEETING - PAGE 6 OF 9 WHEREAS, Hospice affirms life through compassionate cam and WHEREAS, Hospice has served the people of Okeechobee since 1985; and WHEREAS, an increase in public awareness and understanding of Hospice care will better serve the families of the community who are faced with terminal illness, therefore, be it RESOLVED that Hospice of Okeechobee, Inc. will join the hundreds of Cities and States in observing the month of November as National Hospice Month. We will actively encourage the support and participation of friends, neighbors, colleagues, and fellow citizens in associated Hospice activities and programs now and throughout the year. Chairman Watford then presented the proclamation to Mrs. Donna Watson, Executive Director for Hospice and Mr. Robbie Hoover. Mrs. Watson thanked everyone for their support of Hospice. Chairman Watford asked Attorney Cook to bring the Council up to date on the progress of an Interlocal with the County concerning the Building and Zoning Department. Presented in Exhibit Three is a proposed Interlocal resulting from a meeting held October 10, 1995 in attendance at the meeting were Attorney Cook, Councilmember Oliver, Commissioner Abney, Attorney Cassels, Joe Crum, Bill Royce and County Administrator George Long. The Interlocal goes along with "Option Two" the Council discussed at the last meeting. Under this proposal, building permits, construction licensing, and building related code violations will be handled by the County and the City will be handling planning and zoning functions and zoning related code violations. 050 OCTOBER 17, 1995 - REGULAR MEETING - PAGE 7 OF 9 G. NEW BUSINESS 2. Discuss Building and Zoning continued. The City would have to set up a department to conduct the zoning and planning operations. Set up a board to hear zoning requests. Attorney Cook is also looking into whether or not the City could just have one person to hear zoning requests. All requests for building permits will be filed at City Hall, reviewed for zoning and planning consistency with the Land Development Regulations and Comprehensive Plan and then forwarded to the County for issuance. Councilmember Oliver commented that he felt the County should handle all the building permits and the planning and zoning since they have the personnel qualified to do the job. Councilmember Chandler stated, a decision should not be made until the Mayor returned. Chairman Watford commented that the County was counting on the City to make a decision before the November 1st deadline, and asked County Commissioner Abney what his comments were and he suggested the Council call a special meeting next week since there was not a regular scheduled meeting before November 1st. Councilmember O'Connor moved to table this item until Mayor Kirk returns; seconded by Councilmember Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Chairman Watford instructed Administrator Drago to relay the comments to Mayor Kirk and advise the Council of the date and time of the Special Meeting as soon as possible; and the Clerk's office for advertising purposes. X X X X X 051 G. NEW BUSINESS 3. Motion to adopt Resolution 95-8 - City Administrator (Exhibit 4). 4. Motion to approve a partial pay request to Better Roads in the amount of $57,337.09 - Director of Public Works (Exhibit 5). OCTOBER 17, 1995 - REGULAR MEETING - PAGE 8 OF 9 Councilmember O'Connor moved to adopt Resolution No. 95-8 (for the Police Car Leasing Program); seconded by Councilmember Chandler. There is not a title for Resolution No. 95-8. It is to enter into an agreement with Sun Bank (lowest bid), for the financing of the Police Car Leasing Program for 1996. Jim Blackman was the lowest bidder for the purchase of the cars. Chairman Watford stated he would have to abstain from voting since he is employed by one of the companies that submitted a bid. Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD - Abstained MOTION CARRIED. Councilmember Oliver moved to approve partial pay request number two to Better Roads in the amount of fifty-seven thousand, three hundred thirty-seven dollars, nine cents ($57,337.09) for the 1995 Road Improvements as recommended by Engineer Kafer of Lawson, Noble and Webb; seconded by Councilmember Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X M 052 G. NEW BUSINESS 5. Discuss methods to improve lines of communication between the City and County - Councilmember Oliver. ADJOURNMENT - Councilmember Watford. 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 whichAe appeal is to be based. Are recording of this meeting is on file in the City Cle"c9q 1�7 1 / / ATTEST: v DowliP6 9. Watfor�C�liairman r z�/ Bonnie S. Thomas, CMC, City Clerk OCTOBER 17, 1995 - REGULAR MEETING - PAGE 9 OF 9 Chairman Watford gave the floor the Councilmember Oliver to discuss methods to improve lines of communication between the City and County. Councilmember Oliver explained the purpose for putting this item on the agenda is so the City could take the initiative to better the communications between the City and the County and keep each other up to date on all items, further explaining that when the City discusses their five year plan or goals, if they are not compatible with the County's there would be no use in having them. Following lengthy discussion, Councilmember Oliver moved to instruct Administrator Drago to contact the County and see if thev would agree to appoint a Commis- sioner and Manager George Long to meet with an appointed Councilmember and Administrator Drago on a quarterly or monthly basis Mayor Kirk could appoint the Councilmember: seconded by Councilmember Chandler. Councilmember Oliver also stated he would like to volunteer to be the Councilmember appointed. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. There being no further items on the agenda, Councilmember Watford adjourned the meeting at 7:53 p.m. X X X X X • A. B. C. 10 CITY OF OKEECHOPEE 10/17/95 REGULAR CITY COUNCIL MEETING HANDWRnTEN MINUTE!"', Call meeting to order: ww d Invocation: Pledge: l�( _. May or & Council .attendance: PRFSCIJ T ABSCAJ T Mayor Kick x Councilman Chandler -,Councilman O'Connor Councilman Oliver Councilman Watford Attorney Cook Administrator Drago Clerk Thomas Deputy Clerk Gamiotea Councilmember _ moved to dispense with reading and approve the Summary of Council Action for the October 3, 1995 regular meeting; seconded by Councilmember VOTE: DISCUSSION: YES NO ABSENT KIRK CHANDLER O'CONNOR K OLIVER WATFORD MOTION: CARR /DENIED Requests for additions, deferral's or today's agenda: rithdrawalIs of items on U E. ub U�asw opened the public 1, MKS moved to uphold the P',la recommendation to approve Rezoning Rezoning #88--Michael & Angel Armst3 26 from RG-1 to C-2; seconded by VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRI /DENIED L CLOSED THE PUBLIC HEARING AT ing at p•m• ing and zoning Boards etition 95-431-R (City Lg Blk 14 lots 7 -10 , 24 - DISCUSSION: j-t Qju�, -7 10-b &ox /Z Qz,��(z e, - I I P, P.M. 9 • F , C� opened the public I 1, r`11C� moved to read by titleI on C1 of Okee General Employees Pen&io. VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRIED DENIED ......... . .... . Attorney Cook read proposed Ord #686 by ing at 1 1 /Z p.m. y Ord #686 amending the Plan (E-2) ; seconded by DISCUSSION: ,tie only as follows: AN ORDINANCE OF THE CITY OF CHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE MUNICIPAL GENERALEMPLOYEES' PENSION TRUST FUND AS ADOPTED BY RDINANCE 655 AND AS SUBSEQUENTLY MENDED INCORPORATING EMPLOYEES OF THE OKEECHOBEE UTILITY AUTHORITY INTO THE SYST 3M TO BE REDESIGNATED THE CITY OF OKEECF OBEE AND OKEECHOBEE UTILITY AUTHORITY LOYEES' SYSTEM'; PROVIDING FORD FINITIONS; „RETIREMENT PROVIDING FOR MEMBERSHIP; PROVID G FOR A BOARD OF TRUSTEES; PROVIDING FOR CES AND FUND MANAGEMENT; PROVIDING FO CONTRI- " BUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OFBENEFITS; PROVIDING FORB CIARIES; PROVIDING FOR CLAIMS PROCEDURE_S� PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A BOARD ATTORNEY AND PROFESSIONALS PROV'DING ..FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROYIDING FOR REPEAL OR TERMINATION OF THE SYST ; PROVID- - ING FOR E3MMPTION FROM EXEC UTIO AND NON - ASSIGNABILITY; PROVIDING FOR PE IN VALIDITY; PROVIDING FOR FORFEITURE OF PEN ON UNDER -CERTAIN CIRCUMSTANCES; PROVIDING OR INDEM- NIFICATION; PROVIDING FORTRArNSFERS WITHIN THE CITY; PROVIDING ` FOR CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER w DISTRIBUTIONS; PROVIDING FOR RE LOYNIENT AFTER RETIREMENT; PROVIDING FOR CO IFICATION; PROVIDING FOR SEVERABICITY OF ROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. << n U VOTE: r YES NO ABSENT KIRK x CHANDLER_ O' CONNOR i OLIVER WATFORD MOTION: CARRI /DENIED CLOSED PUBLIC HEARING Al, seconded by ��_• 0 \l� 1 DISCUSSION: I CY � P.M. • G. 1 0- NEW BUSINESS Proclaim National Hospice Month -' Wa ford AIDA p�noelarvaS Ier!i dD �Ag, hospicwolunt+eers. and"a prowidu, a= special ku community who are terminally ill, a11d a Rai-, hospice : helped ;.meet'ahe medic�t, emotional and ( e minally ill i&lts and children'ac th�e�Nation last WS EAB; h+osoce fc mms on -Abe. entim,bmwvAnd h 'ce in the i a � W��r. �Ul11tCE��tate864B' WHERI Wsv hospice affirm 1ife,throu8kcompa9donate: carp; -a, hospice has senred. the':e" a of: Okoechobee : slnc WHBtii�'aa�zncrease ia.pa�l�a�anonos�� the. fammeos of .the community wh4,:a O-facet "�- tual needs of more 1hra: alone; and _ .. in 1974-to.more then; 1%5; and Oce car Aff bettereet�re ; . thorefore, be it QspiCe "Of�Qk+OE�Cw�1C.WI° Of�S'81'.�t�tC4 fin' • W i 2. Discuss Building & Zoning (E-3) 4Es 1 z • 3• rVQn moved to adopt Res #95-,8 for police car leasing; seconded by �_• VOTE: DISCUSSION: YES NO ABSENT KIRK CHANDLER )C - O'CONNOR 1� OLIVER WATFORD MOTION: CARRI /DENIED _ w0j- • 0 4.9.1-Qmoved to approve partial pay request #2 to Better Roads in the amount of $57,337.09 for 1995 road improvements; seconded by kwt EX6• Kapk VOTE: DISCUSSION: YES NO ABSENT KIRK CHANDLER )C O'CONNOR ZL OLIVER 5L WATFORD 1� MOTION: CARR /DENIED 5. Discuss methods to improve lines of City and County - Oliver. wf \kj� �y.ucna. �.o °t;roa iC� I c.z�mcv..end- Ram u."s-u -io oac c.�>-P��- ��..�..�-�-� Cam., • ,i LA yak,&,, k ha.c,sCC^l -k� cation between the r cam, a..ac t� 1�d • `ii ' '' , s ua0 n..u� tLQAALb I c r- QJ OXW -�b ` k lw 10 io aO ka 4; F 0) C 'a ltl N W E c p`Vc°po v a�2 �azJ� Z � -0 ( j aacue°c'o T � a to 0 O q) O�� fb C o� O� � � a •.• O, 0 •D ,m W Os O C v U 4I O O cis 4" w a tot,4 w o c � y to Oo tou E �v C C O C C n w E a�y� 11 D A �APPLICATIOM N AER. F ,•�.. i T • J . 1 � I a B iiHo-': I)HEARING.-' ' ..i.:.:: M Second,' a•: 972. ` s 'si : i • k bee-: Fkmd 34 .p ,� .A. E 3= 63.-5 v LI :a O U , .�•Irit. N 'P C• `UR NAME OF PROPERTY OWNER(S): MAILING ADDRESS S- �� 7 A 0 a . PROPERTY ADORESS j h/,l �• % ��1 NAME OF APPLICANT IF OTHER THAN OWNER (must stale felaUoruhlp): e v Note: If not Owner or Attorney at Lay . proof of authority must ►o pfovt&" on Fo+ni L-2 HOME TELEPHONE: S'-� _ '7 WORK TELEPHONE: DIRECTIONS TO PROPERTY �� 7L� t C "' 1 / f Z, , T t �7� �%► �� WHAT IS CURRENT USE OF PROP£RTY7 �. DESCRIBE IMPROVEMENTS ON PROPERTY (If none, so state) APROXIMATE NUMBER OF ACRES ;" IS PROPERTY PART OF PLATTED'SUBD VISION7/ G� ARE THERE ANY DWELLINGS ON THE PROPERTY, IF 80. STATE NUMBER AND TYPE (CONVENTIONAL. MOBILE HOMES ETC.) AND WHETHER THEY ARE OCCUPIED 12J GT IS THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A VIOLAT ON OF COUNTY ORDINANCE? I IF 90. DESCRIBE C� HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OF THIS ► OPERTY IN THE LAST YEAR. IF SO, DESCRIBE DATE. NATURE AND APPLICANT'S NAME Q IS A SALE SUBJECT TO THIS APPLICATION BEING GRANTED?. f l IS THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT.LOCATION7 IF NOT. DESCRIBE THE REMAINING USE OR OA INTENDED USE •46 BRIEFLY DESCRIBE A JOINING PROPERTY USE TO THE NORTH Q aOUTH ,e ' / E�B7 . y.. WEST CURRENT ZONING CLASS o J' j� PROPOSED ZONING CLASS WHAT IS YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS7 / Yr r r IF GRANTED, WILL THE NEW ZONE BE CONTIGUOUS WITH A LIKE ZONE7 f IS A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE7 Ij �7 LcrS ],g! �V RIANCE7 • I M•. �• U 0LICA P O BE y: °c rrrr. .O• Ul'tl�•!G T ;.Call TY':: •:::::•: `• lE E.. `.:BinuDI?iCi •� R ••O�HEA �•N �3tYf` S9C0f 1d, '.F. ECO •k b ee�Fkxxf 34 ;,:: o N slJ�N tal.. NAVE OF PROPERTY OWNER(S): YAILINO ADDRESS h t 1 A-)CZI-A-- PROPERTY ADDRESS /U 3 I NAME OF APPLICANT IF OTHER THAN OWNER (must slats tslaUonahlp): Now It not Own -or or Attornoy at Law, proof of authority must ►* provl6" on Form L•2 HOME TELEPHONE: f WORK TELEPHONE: DIRECTIONS TO PROPERTY l 3 •on WHAT IS CURRENT ffSE OF PROPERTY7 DESCRIBE IMPROVEMENTS ON PROPERTY of nppon*, so state) fall PROPERTY PART OF PLATTED SU DWISION7 A►ROXIYATE NUYBER OF ACRES s l�G ARE THERE ANY DWELLINGS ON THE PROPERTY, IF SO. STATE NUMBER AND TYPE (CONVENTIONAL. MOBILE HOMES ETC.) AND WHETHER THEY ARE OCCUPIED IS THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A VIOLATION OF COUNTY ORDINANCE? IF SO. DESCRIBE ro • HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OF THIS PROPERTY IN THE LAST YEAR. IF $O. DESCRIBE DATE. NATURE AND APPLICANT'S NAME F V d 10 A SALE SUBJECT TO THIS APPLICATION BEING GRANTED? IS THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT.LOCATION7 IF NOT, DESCRI E THE REMAINING USE OR OR INTENDED USE BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH SouTH $r'C� J' EAST 'C % WEST t �� ::'•: eeelSi3iii tE': i. tit3C�G�. iEeS?': ;i. E CURRENT ZONING CLASS PROPOSED ZONINOI CLASS WHAT IS YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS? IF GRANTED. WILL THE I41EW ZONE BE CONTIGUOUS WITH A LIKE ZONE? IS A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE? VARWiCE7 i is ii. THE SPECIAL EXCEPTION SOUGHT: DESCRIBE Q r PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Class and exception number): ARE THERE OTHER SIMULAR USES IN THE AREA, IF 80 DESCRIBE: WHY WOULD GRANTING YOUR REQUEST BE IN T HE BEST INTEREST OF THE AREA AND F ESIDENT 37 v -q-- - VIC -t(JF-rAC e- Zs Aln ry St We 711eq rr, Arg A of ju 6k),epc,4c6-e-e- I'Q IF BUSINESS, BRIEFLY DESCRIBE NATURE INCLUDING NUMBER pFEMPLOYEES HOURI. NOISE GENERATION AND ACTIVITIES TO BE CONDUCTED OUTSIDE OF A SUILDING, I" A) e-, roo cu4 4c DESCRIBE VARIANCE SOUGHT: DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE NECESSARY: 010 YOU CAUSE OR CONTRIBUTE TO THE CHARACTERISTIC? WHAT 18 THE MINIMUM VARIANCE NECESSARY? ii iijii -.iii- ....iiii iiiii ........... DESCRIBE RULING THAT YOU ARE APPEALING' WHO MADE DECISION YOU ARE APPEALING? DATE C F DECImS4ON: m EXPLAIN WHY YOU FEEL DECISION It IN ERROR. BE SURE TO LIST ANY ORDINANCE REFERENCES YOU FEEL SUPPORT YOUR POSITION: t. ..... .. . ....... DESCRIBE AcTicim YOU WISH TAKEN: CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST: MOTE: AJI're4qv**Iv to Planning Board/ Board of A41ustments MUST hav, 'peallmo C,64nty rdinance Authority. iiiii m CONRUIMAMON OF INFORMATION ACCUPACY I the d= "m to got appmemon is emm& The 1 *wnwd= hAdw m R. Is for Y. %me by CbmaAmb" County In p PoqLP@4 Faim cr atiirdnp Iriarwrrsk+atrey be ptaidfebeie by a tines of up fa SWQW and npki cd PmO Up 110410 di as wd m vw wxnmwy denid d ItIk iii t. Eli .......... 4c • Okeechobee City Council October 17, 1995 Staff Report and Recommendation Petition 95431-R, Michael and Angela Armstrong, property Request for a change In zoning from the existing classifications (RG-1) and Commercial (C) to Heavy Commercial (C-2). The. I N.W. 13th Street, In the City of Okeechobee. This petition is 95-430-S. Background ound ners and applicants. Residential General-1 )erty Is located at 201 ioclated with Petition The subject property is located at 201 N.W. 13th Street, between N. . 13th Street and N.W. 12th Street in the City of Okeechobee. This area of land includes Lots 7, 8, 9, 10, 24, 25, and 26 of Block 14, totalling about 1.22 acres and located in the north central portion of the city. Lots 7-10, the west half of lot 24 and lot 26 are currently zone Residential General-1 (RG-1). The east half of lot 24 and lot 25 are zoned Commercial (C). Existing to the east of the subject property is a large aluminum b 'lding and an autobody paint shop, both fronting Highway 441 North and in a Commercial zoning district. To the north, across N.W. 13th Street, are mini -warehouses used for storage and commercial businesses. This area is zoned RG-1 and Commercial. Northwest, west, and south of the subject property is a residential neighborhood zoned RG-1 and co sisting of conventional single family dwellings. To the southeast, across N.W. 12th Street is another Commercial zoning district. The applicants indicated that their intentions for the subject pope are to use Lots 7, 8, 9, and 10, which front N.W. 13th Street, for a storage facility and to use Lots 24, 25, and 26, which front N.W. 12th Street, for a future auto repair shop. They re requesting that all 7 lots be rezoned to Commercial -II. The applicants also submitted an ipplication for a special exception to allow the mini -warehouses on lots 7-10 (Petition 95-43 -S, heard by the Board of Adjustments and Appeals on September 26, 1995). The appjlica is would be required to apply for another special exception for lots 24-26 to accommodate a future auto repair shop. Consistency with Comprehensive Plan The subject parcel is located within the Commercial future land adopted City of Okeechobee Comprehensive Plan. The proposed zoning to Heavy Commercial (C-II) is consistent with the adapted ise classification of the request for a change in comprehensive plan. Saff Report and Recommendation Okeechobee City Council Petition 95-01-R October 17, 1995 • A change in zoning to C-II is not the only zoning district that wouic, be consistent with the future land use map, however. Other commercial zoning districts ould also be consistent with the adopted comprehensive plan, including the Commercial -Professional Office (CPO) or Light Commercial (C-I) zoning districts. Consistency with Land Development Regulations When recommending whether to rezone a classification of land, the f ictors that the Planning Board shall consider include, where applicable, whether or not: 1. The proposed change is contrary to the established land use pa tern; The proposed change would be consistent with the current land use pattern. Adjacent to the east of the subject property is an existing auto body and paint shop. Most of the property to the north, east and south is zoned for commercial development or contains existing commercial development, a lid the majority of those uses are consistent with a Heavy Commercial zoning dstric . 2. The proposed change would create an isolated district unrelate to adjacent and nearby districts; The proposed change would result in the subject parcel b ing zoned similarly to property adjacent to the east, and to the northeast and! soul heast across N.W. 13th and N.W. 12th Streets. The subject property is in a locat on designed for future commercial development. The proposed change would not c eate an isolated district unrelated to adjacent and nearby districts. 3. The proposed change would materially alter the population de ity pattern and thereby increase or overtax the load on public facilities such as school , utilities, streets, etc.; A change to a commercial zoning district would not m4teri ly alter the population density pattern. Commercial development could imps t streets and utilities. Such impacts would be addressed more thoroughly through the s to plan review process. 4. Existing district boundaries are illogically drawn in reladoo to property proposed for change; The subject property is adjacent to residentially zone p commercially zoned property to the east. Across the ! tre southwest is residentially zoned property, while to the n rtl Parrott Avenue, there are continuous commercial uses. currently vacant. The future land use classification for Commercial (C). Changing the zoning to a commercial' zor given adjacent zoning, land uses and land use patterns; conditions on the -rty to the west, and to the northwest and t and southeast, along e subject property is s subject property is district is appropriate 2 Staff Report and Recotmtendation Okeechobee City Council Petition 93-431-R October 17. 1993 • 5. The proposed change would be contrary to the Proposed Land an adverse effect on the Comprehensive Plan; The proposed zoning district is consistent with the being in an area designated for future commercial d 6. Changed or changing conditions make the passage of the 7. 9 0 10. Designation of the subject property with a commercial indicates that a request for a change in zoning to a come Plan and would have comprehensive plan, amendment necessary; land use classification district is appropriate. The proposed change will adversely influence living conditions in the neighborhood; Although there is a residential neighborhood west of th location of the property near an arterial highway (Parrott A of the property in an area designated for future commlerci; that commercial zoning is appropriate. Increased se development adjacent to residentially zoned property,as v that would be addressed during site plan review fob an proposal would mitigate potential adverse influences. The proposed change will create or excessively increase affect public safety, subject property, the nue), and the location development suggests acks for commercial 1 as buffering criteria specific development congestion or otherwise New commercial development likely would impact traffic circulation in the area. Traffic impacts would be addressed more thoroughly' during the site plan review process when a specific commercial development is proposed. The proposed change will create a drainage problem; Drainage would be addressed through the site plan drainage from a 25-year 24-hour storm event is req development. The proposed change will seriously reduce light and air to There is no indication that the proposed change would se to adjacent areas. This issue would be addressed during 1 when a specific development proposal is submitted. v process. Specifically, to be managed by new areas; usly reduce light and air site plan review process 3 Staff Report and Recommendation Okeechobee City Council Petition 95431-R October 17, 1995 • 11. The proposed change will adversely affect property values in th As the subject property is in an area designated for future cc and as there is existing commercial development and zl proposed change in zoning should not adversely affect proper area. 12. The proposed change will be a deterrent to the improvement or property in accord with existing regulations; As the subject property is located in an area designated development, and as there is existing commercial dev6lop area, the proposed change in zoning shouldn't be a detetren development of adjacent property in accord with existing buffering and other safeguards should also ensure that ;the deter improvement or development of adjacent and nearby 13. The proposed change will constitute a grant of special priydeg as contrasted with the public welfare; As the subject property is located in an area designated development, and as there is existing commercial devolop: area, the proposed change in zoning will not constitutea g to an individual owner. 14. There are substantial reasons why the property cannot be, use zoning; Most of the subject property is currently zoned Resided district generally does not allow for commercial develo� commercial future land use classification, which does development. Either the future land use or the zoni .0 to provide for development of the property. Because thi area designated for future commercial development, the classification is reasonable, and accordingly commercial 15. Whether the change suggested is out of scale with the [City], As the subject property is located in an area design) development, and as there is existing commercial devI area, the proposed change is not out of scale with the nj the city/county. A specific large-scale commercial deve� a special exception, where such concerns could be add, Staff Report and Recommendation Okeechobee City Council Petition 95431-R October 17, 1995 adjacent area; mercial development, ing in the area, the values in the adjacent of adjacent for future commercial lent and zoning in the to the improvement or egulations. Adequate evelopment would not residential areas. to an individual owner for future commercial lent and zoning in the ant of special privilege in accord with existing -neral-1. This zoning The property is in a allow for residential be amended in order erty is in an extended kercial future land use ig is appropriate. the neighborhood or the for future commercial ,lent and zoning in the of the neighborhood or ;nt would likely require n W • 0 16. It is impossible to find other adequate sites in the [City] for the already permitting such use. There are other locations in the city or the county that ci intended uses and commercial development. Staff Recommendation The subject property is in a commercial future land use classific in zoning to Heavy Commercial (C-II), Light Commercial (C-I) Office (CPO) is appropriate. The CPO and C-I districts wou development requested by the applicant. Concern should commercial zoning, and therefore what type of commercial deve to residential development. If appropriately screened or 1 residential properties, heavier commercial uses could be coml along North Parrott Avenue in general contains heavier comn industrial uses. Residential uses in this area generally are not in the city where residential and commercial development a: other. Noting that the site plan review process and other land i address buffering and mitigation of adverse impacts to adjac recommends to the City Council that the request for a change (C) and Residential General-1 (RG-1) to Heavy Commercial use in districts accommodate the Accordingly, a change mmercial-Professional t allow for the type of iven to what type of :nt, may occur adjacent -d from the adjacent 1. The area in the city I uses, as well as some talent as in other areas acent to or near each ipment regulations can ;sidential zoning, staff ling from Commercial i be granted. Planning Board At the September 26, 1995 Public Hearing, the Okeechobee unty Planning Board unanimously recommended that the City Council grant the request for a change in zoning from Commercial (C) and Residential General-1 (RG-1) to Heavy Commercial (C-2). The Board of Adjustments also unanimously granted a special J warehouses on a portion of the property. The staff report for 0 summary of the public hearings follows. t r- William D. Royce Planning Director on to allow for mini- ial exception and the 5 Staff Report and Recommendation Okeechobee City Council Petition 95-01-R October 17, 1995 • Dear: Board Members, I am writing this to explain why I would rezone my property and what I would like to do What we have are a total of.seven lobs N.W. 12th and N.W. 13th Streets. On the lots on 13th street. I would ike them as one lot, and build mini warehouses' Sc can store their things. Their are alreadywar( north.less then 200 feet away "GATOR PLAZA'. believe it will be in complience with surr 7 un( As for the lots on 12th street. I wbull combine them as one, and build an automotive I feel it would be an improvement to t' The reason why is because alot of the surrpun are vacant and some of the existing busine se and a new business could possibly encourage o reoccupy existing buildings and possibly b it land. Also to the east ajoining my property i Paint & Body Shop" "E-Z AUTO BODY". Their for it will be in complience with surrounding are the three lots we own on 12th street 1 and zoned commercial. THANK YOU Sincerely, / I6ZC, like to with it. ocated on to combind that people houses to the heir for I ing area. like to epair shop. ke neighborhood. ling properties are unoccupied, ;hers to I on vacant s an 'Auto I believe i. Also of ire already Change in Rezoning (Rezoning) 1. No. Their is a auto body shop borderingl',ea: line. t property 2. No. Their are commercial properties to the east, north,�5 southeast. 3. No. The proposed change will have no effect on the pop ulation density. '" 4. We would like to make the lots on 12th �tr et 24, 25, 26-n one lot and the lots on 13th street 7,8,9,10 ne lot. 5. No. The proposed land is in the projectj20�0 boundries 6. I don't know if changing conditions make i necessary. But I feel as of now the area is deterating and needs a boast to help reverse the conditions. 7. I believe it has very little effect onlliv'ng conditions. Because property is located to the east I al residential homes. Also Shop will be facing 441 awayrom all residential homes. 8. No. Because all the residential homes are behind the property towards the end of the street. 9. No The property is in a well drained area. 10. No. The property location and size will allow adequit air flow and light. Purposed building will not be large enough to effect air & light. 11. I believe it will have little effect �r g -si3 4 firl q Y increase values. Because some of the existing properties are run down, and poorly maintained. 12. I believe the proposed change will in0ou age ajacent properties to be developed, or reoccupied. Because if people see a new operating business they may decide to reoccupie existing buildings or perhaps build on sur'rounding vacant land. 13. No I don't believe it will give special p ivileges to an individual. Because I believe it would',be in accordance with surrounding zoning. • 14. Yes. Because on 12th street one and k lots commercial already. On 13th street it wouldllcos build a home then you could sell it for. 15. I believe Okeechobee county needs more Mini because if you call for one they are all rented also need a auto repair shop because if youltak car to be fixed you have to wait in line for yc It can take weeks. 16. No I'm sure it's not impossible. But wh this property we were told it was already c Which the lots we bought were, but we didn' of road frontage was enough so we bought th which were not zoned commercial. The lots o when we bought them we thought we would bui we checked around on prices and discovered more to build the home then we could sell i neighborhood. re zoned more to warehouses They you'r 'r turn. n e bought mm rcial. t ink 47 foot other lots 11.th street d home but t ould cost fir. In this tition 95-430-S and 95-431- 3111 LA 3� M chael and Angela Armstrong CD,• s . ' .:;y OKEECHOBEE .mow= OKEECHOBE_E�I 3 SPORTS COMPLEX 15 COuN 9 N W 23 zt LA 1 IRPOR ian River.. . Nw 22 LA 441 I mmunity. 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If I: T a all'cils e4j" 7 e vi I''^• T d �-V kA K A a T %Y e Si ,51r"f -,% -411 v • On September 26, 1995, the Board of Adjustments and exception on a portion of this property to allow for min approval by City Council of the requested change in zoni petition follows. The City Council does not vote on special Petition 95-430-S, Michael and Angela Armstrong, property i for a special exception to allow mini warehouses and Commercial (C-2) zoning district. The property is located City of Okeechobee. This petition is associated with Petiti Background The subject property is located at 201 N.W. 13th Street, bet, 12th Street in the City of Okeechobee. This area of land Block 14 in the northwest portion of the city. It is apl property zoned Residential General-1 (RG-1). Existing to is a large aluminum building and an autobody paint shop, b and in a Commercial zoning district. To the north, acrc warehouses used for storage and commercial businesses. Commercial. Northwest, west, and south/southwest of the neighborhood zoned RG-1 and consisting of conventional southeast across N.W. 12th Street is another Commercial The applicant indicated that the use would be for restricted m there would be no outdoor activities in association with the approved a special ises, conditioned on staff report for this and applicants. Request ;e activity in a Heavy N.W. 13th Street, in the 431-R. ,W. 13th Street and N.W. :s Lots 7, 8, 9, and 10 of tely .73 acres of vacant ;t of the subject property sting Highway 441 North 1. 13th Street, are mini- trea is zoned RG-1 and property is a residential 'amily dwellings. To the district. ►use activity and that warehouses. This petition is associated with Petition 95-431-R, which is mque sting a change in zoning from RG-1 and C to C-II. This requested special exception wou. d apply only to lots 7-10 of Block 14, the lots that are on N.W. 13th Street. Lots 24 6, which are included in the rezoning petition, are not included in the special exception y etiti n. Consistency with Comprehensive Plan The subject property is within the Commercial future land us City of Okeechobee Comprehensive Plan. The proposed use comprehensive plan. Consistency with Land Development Regulations Ordinance number 87-1 (C-II, page 7, special exception (1) allows for a special exception in the C-II zoning district h storage activity, but not including bulk storage of flammable Staff Report and Recommendation Okeechobee City oounov Petition 95-01-R October 17, 1995 in of the adopted with the adopted for Ithe City of Okeechobee ' holesale, warehouse, or 14 According to Section 11.04.03 of Ordinance 92-20, in reaching the findings required in this Part, the Board of Adjustments an weigh, among others, the following factors and standards wh Board shall find in the case of any of these factors and sti relevant and applicable, that the purposes and requiremei exception have been met by the applicant: A. Ingress and egress to the property and the proposed struca such considerations as automotive and pedestrian safety a and control, and access in case of fire or catastrophe, Ingress/egress will be addressed and regulated during the site plan technical review committee. Access we B. Off -Street parking and loading areas where required inc factors in (A) preceding. and the economic, noise, glare, of such off-street parking and loading areas on adjac loading areas on adjacent and nearby properties and pro lusion and in making ils shall consider and icable. Further, the where they may be granting the special if any, including !nce, traffic flow siteplan review process by be from N.W. 13th Street. nsideration of relevant effects of the locations nearby properties and enerally in the district; Parking should be restricted to the subject property only Pa king will be addressed when a formal site plan has been submitted and will be' ddr ssed and regulated by the site plan technical review committee. C. Refuse and service areas, including consideration of relevant f factors in (A) and (B) preceding The applicant has indicated that there will be no re ' se o service areas on the subject property. This shall be discussed further during site plan technical review, although the impacts to these services by the proposed ue wc uld be relatively small. D. Utilities, including such considerations as hook -in compatibility of utilities for the proposed use; Not applicable. E. Screening and buffering including considerations of dimensions, and character to preserve and improve comps structure between the proposed special exception and the and nearby properties and properties generally in the dis The applicant indicated that screening or buffering shoo staff notes that there are single-family dwellings loca property. Some type of screening or buffering should be to the residential neighborhood. Such impacts could Staff Report and Reoommendadon Okeechobee City Council Petltico 95di1•R October 17, 1995 and availability and vant factors as type, ,d harmony of use and structures of adjacent be needed. However, ljacent to the subject ed to mitigate impacts e noise from vehicles 15 • entering and exiting the storage area, some noise assoc itself, and vehicle headlights and lighting within the de or privacy fence would provide a visual, light and commercial and residential uses. This would complem 20 feet that is required when commercial development c zoning. F. Signs, if any, and proposed exterior lighting if any, with re) and economic effects of same on properties in the district am' with other properties in the district; Proposed signs will be addressed by the site plan techni the Department of Planning and Development during which regulates all new signs. G. Required yards and open spaces; Commercial setbacks are increased to 20 feet when o adjacent to residentially zoned property. Property west of the subject property. Commercially zoned pi south. Yards and open spaces should be adequate, during the site plan review process. H. Height of structure where related to uses and structures on a and properties generally in the district; The applicant has indicated that the maximum height i which would be consistent with the area. L Economic effect on adjacent and nearby properties and of the grant of the special exception. To the north and east are existing commercial uses, and zoning to the south. The proposed use would not imp uses. The proposed use could impact the reside immediately to the west; however, adequate buffering shM possible adverse economic impacts to the residential no Section 11.04.05 of Ordinance 92-20 also states that in granth Board of Adjustments and Appeals may prescribe conditions with the intent of this Code, including but not limited to restrictions on operations and reasonable time limits within special exception is required shall be begun or completed, conditions and safeguards, when made a part of the terms unde Stag Report and Recommendation Okeechobee City Council Petition 95431-R October 17, 1995 with a storage activity vent. A masonry wall buffer between the e minimum setback of adjacent to residential to glare, traffic safety, ►atibility and harmony v committee and by permitting process, it development occurs idential occurs to the to the north, east and be addressed further and nearby properties will be 12 feet, generally in the district is existing commercial e existing commercial development located ainimize or negate any special exception, the eguards in conformity •ing and landscaping, the action for which h. Violation of such i the special exception 16 is granted, shall be deemed a violation of this ordinance. Failure both, such required condition or safeguard within the time limn Board, void the special exception. Staff Recommendation The proposed use is consistent with the city's comprehensive existing commercial development in the immediate vicinity. potentially be incompatible with the adjacent residential neigh' a masonry wall or privacy fence, should mitigate those possibl approved, such issues would be further addressed and closely sc review process. Staff recommends that the Board of Adjustmej request for a special exception to allow mini -warehouses and stc district, subject to the following conditions: 1. Construction activity associated with the proposed use months, and shall continue in good faith, or the special' void; 2. If the proposed use ceases for a period of 6 continuc continuous months during a 24 month period, the special void; 3. The special exception shall be null and void if the from Residential General-1 (RG-1) to Heavy Com. the City Council; 4. Any and all previous special exceptions granted to this null and void; 5. The premises shall be maintained at' all times, and landscaped to be compatible with the adjacent and nearl and 6. A masonry wall of at least 6 feet in height shall be instal line to buffer the proposed use from the adjacent resi south property line shall also be adequately screened wl adversely impact residential development to the south/9 Staff Report and Recommendation Okeechobee City Council Petition 95.431-R October 17.1995 begin or complete, or 11, at the option of the and is consistent with proposed use could Dd. Buffering, such as acts. If the petition is .ed during the site plan i Appeals approve the Lctivity in a C-II zoning commence within 12 Lion shall be null and the or for 12 non- :)n shall be null and r a change in zoning II) is not granted by shall immediately be shall be tial development; ig the west property development. The development could ,t of the project. 17 r Standards For Granting Special Exceptions Their will be about 200 feet of frontage n S.W. 13th street. Enough space to allow adequate {ra fic flow which should be minimal due to the nature of the purposed business. Their will be adequate parking. Their should be minimal noise, no need for loading areas because we wish to build a mini warehouse. Their will be no refuse or service areas on property. Their will be no need for utilities other than security lights. Their should be no need for screening or buffering. Because of the nature of the business. The only lighting need would be for secu ity. Should have no effect on traffic safety. Because pzope ty is behind existing buildings. Lighting will be minimal. Lots are large enough to allow required Height will be no factor 12 feet or less The only economic effect may be to pmssi in property values. Their are other mini warehouses less,tha away. So I believe that I will be In accordance zoning. THANK YOU et backs. le increase Z 200 feet with surrounding LU NW LA P on 95-430-S and 95-431-R 3r Mic el and Angela Armstrong CD OKEECHOBEE 3 SPORTS COMPLEX 9 NW 23 z LANw. is ST n River_ munity` NW 22 LA NW 21 LA 441 College N� 20 LA RODEO ARENA �.. 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Second Street, :als met in regular Meeting Room at bee, Florida. Board members present were Chairman Frank Marsocci, Jim Burke, Renee Hazellief, Brenda O'Connor, Keith Pearce, John Smith, Warren Watt a#d alternate member Mike Long. Also in attendance were John Cassels, County Atto ey; Bill Royce, Planning Director, Damian Peduto, Planner; and Vikki Aaron, Secretary. Agenda Item #4, Petition 95-430-S, Michael and Angela applicants. Request for a special exception to allow mini within a Heavy Commercial (C-2) zoning district. Mr. Royce presented the application and described the surroi stated the applicant is requesting a rezoning of all 7 lots in adi to allow mini warehouses and storage activity on 4 of the lots. property is located within the City's commercial future land i north part of the City generally has heavier types of commera proposed use is consistent with the city's comprehensive commercial development in the immediate vicinity. Mr. I special exception be granted with several conditions. Mr. R The Board discussed the special exception and additional comment. John Smith made a motion to grant the request for a sl warehouses and storage activity with a Heavy Commercial following conditions: 1) Construction activity associated with the proposed use months, and shall continue In good faith, or the special' void; 2) If the proposed use ceases for a period of six (6) cont! (12) non -continuous months during a twenty-four (24 exception shall be null and void; Staff Report and Recommendation Okeechobee City Catncll Petition 95431-R October 17, 1995 property owners and ; and storage activity -operties. Mr. Royce the special exception yce stated the subject fication, and that the Mr. Royce stated the id with the existing -ommended that the iewed the conditions. There was no public n to allow mini district with the commence within 12 Ion shall be null and months or for twelve h period, the special 23 a • 3) The special. exception shall be null and void if the request for a change in zoning from Residential General-1 (RG-1) to Heavy Commercial (C- is not granted by the City Council; 4) Any and all previous special exceptions granted to this property shall immediately be null and void; 5) The premises shall be maintained at all times, and the development shall be landscaped to be compatible with the adjacent and nearby residential development; 6) A masonry wall of at least six (6) feet in height shall be Installed along the west property line to buffer the proposed use from the adjacent residential development. The south property line shall also be adequately screened where the development could adversely impact residential development to the so 6 th/s uthwest of the project; and 7) The special exception is granted for the mini -warehouse and like storage uses only; no wholesale or retail sales or other such uses are p is lble in the warehouse storage facilities. 7 The motion was seconded by Warren Watt. The motion Agenda Item #6, Petition 95431-R, Michael and Angela Armstron , property owners and applicants. Request for a change In zoning from the existing � assi Ications of Residential General-1 (RG-1) and Commercial (C) to Heavy Commercial' C-2 . Mr. Marsocci stated this application is associated with the Previausly discussed special exception. Mr. Marsocci asked if there was any further discussion o F the Board. There was none. There was no public comment. Jim Burke made a motion to recommend that the City Council rant the request for a change In zoning from the existing classifications of Com erci 1 (C) and Residential General-1 (RG-1) to Heavy Commercial (C-2) be granted. The n otion was seconded by Renee Hazellief: The motion carried unanimously. Staff Repot and Recommendation Okeeehobee City cannel Petition 9S-431-R October 17,1995 24 • 0 MEMORANDU TO: Mayor and Council THRU: John J. Drago, City Administrator FROM: Bonnie S. Thomas, City Clerk0 Mrs. Kathleen Sprecher called our office today requesting minutes that she and her husband, Arlington Sprecher, oppo 7-10 and 24-26 in Block 14 of the City of Okeechobee. The of Lot 12 in Block 14. They feel that there are too many cb warehouses to be built, which would cause an increase in 1 Mrs. Sprecher explained she had intended to attend the pub] husband was not able to return from his out of town busim, she cannot see to drive at night. She asked that you strongly it not be approved. Ag of the City Clerk & Personnel Director DATE: October 17, 1995 Rezoning Petition 95-431-R t be noted in the official rezoning request for Lots Lot 11 and the East half living in the area for the ng tonight, however her due to the weather and >r this rezoning and that E-2 ORDINANCE NO. 6ffL— AN ORDINANCE OF THE CITY OF RESTATING THE KE C TY OF TY AMENDING AND OKEECHOBEE MUNICIPAL GENERAL LOYEES' TRUST FUND AS ADOPTED BY ORDINANCE PENSION 655 AND AS SUBSEQUENTLY A ENDED INCORPORATING EMPLOYEES OFTH CT�BBE UTILITY AUTHORITY INTO CITY OF OKEE ; HO EE AND REDESIGNATED THE OKEECHOBEE UTILITY AUTHORITY LOYEES' PROVIDING FOR E IONS, RETIREMENT SYSTEM; PROVIDING FOR MEMBERSHIP; PRO IN FOR A 4CES AND BOARD OF TRUSTEES; PROVIDING FOR FUND MANAGEMENT; PROVIDING OR CONTRI- BUTIONS; PROVIDING FOR BENEFIT AdO DEA1 H S AND ENEFITS; ELIGIBILITY; PROVIDING FOR PROVIDING FOR DISABILITY BENEFIT ; P OVIDING FOR VESTING OF BENEIF s PROVID G OPTIONAL FORMS OF BENEFITS; PR S� OCEDURE PROVIDING FOR CLAIM OVIDING LA FOR A ROSTER OF SESSION ATTORNEY AND PROFESSIONALS; ROVIDING BOARD FOR A MAXIMUM PENSION LI IITATIOPROVIDING FOR DISTRIBUTION OF BENEFITS PROVIDING MISCELLANEOUS PROVISIONS; PR ING FOR REPEAL OR TERMINATION THE FOR EXEMPTION FROM� � NAND NPROON- - ASSIGNABILITY; PROVIDING FOR PENSION ASSIGNABILITY; VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEM- NIFICATION; PROVIDING FOR TRANS SWITHN THE CITY; PROVIDING FOR CREDIT 1 R MII--LT'ARY SERVICE PRIOR TO EMPLOYMENT; p O ING FOR DIRECT TRANSFERS OF ELIGIB ROLLOVER DISTRIBUTIONS; PROVIDING FOR JPWR EMPLOYMENT AFTER RETIREMENT; PROVIDING FOR O IFICATION; PROVIDING FOR SEVERABILO P REPEALING ALL ORDINANCES CONFLICT HEREWITH AND PROVIDING AN EFFFCTIVE DATE. WHEREAS, the City of Okeechobee General Ernpi*es are presently provided pension and certain other benefits under Ordinances of th� Cit of Okeechobee; and 0 WHEREAS, many former City Utility employees have become employees of the newly -created Okeechobee Utility Authority; and WHEREAS, the City and the Okeechobee Utility Au ority have agreed to include Okeechobee Utility Authority employees within the City retirement system and provide for appropriate funding from the Okeechobee Utility Authority; and WHEREAS, the City Council desires to clarify and restate the provisions of the General Employees' Retirement Plan to consolidate all prior oo -dina nces and Code provisions, incorporate all current state and federal law, integrate I Okee hobee Utility Authority em to ees into the System and redesignate the System as the City of Okeechobee and P Y Okeechobee Utility Authority Employees' Retirement System; NOW, THEREFORE, BE IT ORDAINED BY TIRE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: TION : That the City of Okeechobee 1 Trust Fund, as adopted by Ordinance 655 and as sul amended and restated as set forth in the document AND OKEECHOBEE UTILITY AUTHORITY attached hereto and made a part hereof. SECTION 2: Specific authority is hereby grante Ordinance in the existing Code of Ordinances of the City �> , T�, ION 3: All Ordinances or parts of Ord' same are hereby repealed. SECTION 4: If any section, subsection, sentence, or the particular application thereof shall be held invalid by Employees' Pension 1, be and the same is OF OKEECHOBEE RETIREMENT SYSTEM, to �odify and incorporate this in �onflict herewith be and the , phrase of this ordinance, administrative agency, • or other body with appropriate jurisdiction, the remaining s4 clauses, or phrases under application shall not be affected the SE r ON 5: That this Ordinance shall become effect Introduced on first reading and set for public hek . 1995. ATTEST: Bonnie S. Thomas, CMC, City Clerk ioA. subsection, sentences, this day of Jams E. Kirk, Mayor passed on second reading after public hearing this day of 1995. Ja es . Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk ag:\ok\8-7-958.ord • SE nON 1. DEFINITIONS. 1. As used herein, unless otherwise defined or �requ ed by the context the following words and phrases shall have the meaning indicated: e ,.,„..++„tarPri ('on 'buttons means a Member's wn ontributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993 and three percent (3 %) per annum thereafter. For those Members who purchase Credited Service at no cost to the System, pursuant to Sections 24 only that portion of any representing the sum that he would have contributed had he been a Member of the payment System for the years for which he is requesting credit, shaa be included in Accumulated Contributions. ArA means the Employee Retirement Income SecuAty Act of 1974 (P.L. 93- 406) as amended by the Retirement Equity Act of 1994 (P. . 9 -397) and any regulations issued thereunder by the Department of Labor and the In rnal Revenue Service, as that Statute and these regulations shall be amended. A �arial divalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal fort of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using 7 % interest and the 1971 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. Average Final C'omnensation means one-twd 1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination or death. A year shall be twelve (12) consecutive months. Bene_ ficiary means the person or persons en ' ed to receive benefits hereunder at the death of a Member who has or have been designate in writing by the Member and filed with the Board. If no such designation is in effect,, or ' no person so designated is - 1 - n U r living, at the time of death of the Member, the Beneficiary simil be the estate of the Member. Board means the Board of Trustees, which shall a minister and manage the System herein provided and serve as trustees of the Fund. Cily means City of Okeechobee, Florida CDg means the Internal Revenue Code of 15,86, as amended from time to tune. redited&rvice means the total number of yel Lrs guid fractional parts of years of service as a General Employee with member contributions to the System, omitting intervening years or fractional parts of years when such Gene Employee may not be employed by the City. A General Employee may volun y leave his contribution in the Fund for a period of five (5) years after leaving the employ of the City pending the possibility of being rehired, and remaining employed for a period of not less than three (3) years, without losing credit for the time of active participalion a General Employee. If the General Employee does not remain employed for a period of three (3) years upon reemployment within five (5) years, then the Accumulated Contributions will be returned upon the written request of the Member. .—arms of yews-diat-a-Gene -se.rryFes in. the �he United States I&r Effq4eyee with the -2- • Gen=l Fmolovee means any actively employeI service of the City`'af OkPP�hobee e* the Okeechobee Utihri their initial probationary employment period, but" inclO =12W not include certified police officers and certified fi Qr rnr mrmiCra of the Okeecho ee 'litV Authority _�� Fund means the trust fund established herein Member means an actively employed Geng, prescribed membership requirements. ANnefit ;mnrove - to the contra :':ember who has entered Retiree Retirement meansP"'beTO separation from with t�'rSl. - ----'_... f hene fits „nA,, the System. Salary means the basic compensation paid > tax deferred and tax exempt items of income, but excluding non -regular payment. ��' � ;--�ncation in exc of they M S0 ice becomes-effIgliM on in the regular full-time kodty , including those in elected officials,, �ters employed by the City of the System. micivee who fulfills the City to a Member, plus all ime, bonuses and any other M • ouse means the lawful wife or husband of aMei aber at the time of pre - retirement death or retirement. System means the City of Okeechobee O")kee hobee litilily e'°� `del-6eae Employees'�Spti*P^'Pnt Svc contained herein and all amendments thereto. 2. MascuIin Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2MFMBERSIRP. 1. Conditions of Eligibility. All General Employees as of the Effective Date, d all future new General Employees, shall become Members of this System as a condition of employment. Notwithstanding the previous paragraph, the turrent City Administrator and any future City Administrator or Administrative AssistantlWlhcudurrent Director of the Okeechobee Uti1 ty Authonly may, in the event hhas elected to participate in another pension program, within the first sixty (60) days of his employment as City Administrator or Administrative Assistant or dw ti ff .: Date, t.• he late notify the Board an the City Okeechobee (with A....1 .... „tl r the n1reerhnhee Utility Authority (with respect to the Executive Director), in wri g, f his election to not be a Member of the System. In the event of any such election,; he shall be barred from future membership in the System. 2. Membership. Each General Employee shall complete a for, pr scribed by the Board pro- viding the following information: A. Acceptance of the terms and conditions of the System, and, B. Designation of a Beneficiary or Benetic' ' s. -5- • 3. Chan a in Designation of Beneficiary. A Member may from time to time change his de notice to the Board upon forms provided by the Board. Upoi previously designated Beneficiaries to receive any benefits u SECTION 3. BOARD OF TRUSTEES. 1. The sole and exclusive administration of ant operation of the System and for making effective the provisk; vested in a Board of Trustees. The Board of Trustees i& administrator. The Board of Trustees shall consist of five Q shall bell legal resident be appointed by the Okeechobee City Council, >u U Okeechobee Utility A �thority Board -imid-twe-(2) = of wk Employee Membe ---moved by the City of Okeechobee. Trustee shall be chosen for a two (2) year term by a majori as provided for herein, and such person's name shall be su Council. Upon receipt of -the fifth person's name, the Oke ministerial duty, appoint such person to the Board of Trusts Trustee shall have the same rights as each of the other four herein provided and shall serve a two (2) year term unless may succeed himself in office. Each resides Trustee: or by the Okeechobee Utility Authority shall serve as Tru$i unless sooner replaced by the a tin gesauthority ej pleasure the Trustee shall serve, and may succeed himself) of dke System, who shall be elected by a majority of the Go employers who are Members of the System. Each Genera Trustee for a period of two (2) years, unless he sooner lea, Okeechobee or Okeechobee Utility Authority as a Genera ted Beneficiary by written h change, the rights of all the System shall cease. onsibility for the proper this ordinance are hereby designated as the plan ces, `ftvao of whom, municipality, who shall be, IL full-time General The fifth the previous four Trustees to the Okeechobee City ,e City Council shall, as a its fifth Trustee. The fifth appointed or elected as is sooner vacated and a period of two (2) years, 4A.; Few at whose a Trustee. Ra lovee Trustees Trustee shall serve as employment of the City . or otherwise vacates • his office as Trustee, whereupon a successor shall be chosen in Ihe same manner as the be effkcdYtALVI&kLft departing Trustee. Z& current Board of T nistees ----- .,u. ii ,...,,t;.,,,P to cerve as T n . the cnectiee arouns Each General Employee T stee may succeed himself in office. The Board of Trustees shall meet at least quarterly each year. The Board of Trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of very kind, nature, and description. 2. The Trustees shall, by a majority vote, elect a C and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one vote on the,, Bo d. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to abstain from voting as the ' suit of a conflict of interest provided that Trustee complies with the provisions of Section 11 .3143,. rids Statues_. 4. The Board shall engage such actuarial, accounting:, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board neressary for the operation of the System shall be paid from the Fund at such rates and in such ch ounts as the Board shall agree. 5. The duties and responsibilities of the Board shall fficlude, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all question arising thereunder. B. To determine all questions relating to �ligi ility and membership. -7- U C. To determine and certify the amount of allretirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications mid all matters required to administer the System. E. To distribute to Members, at regular intervals information concerning the System. F. To receive and process all applications PprNIP60110114 and benefits. G. To authorize all payments whatsoever from tt e Fund, and to notify the disbursing agent, in writing, of approved be iefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations :at UAS Stilitgfto, sks required by law, and make recommendations regarding any and all changes in the provisions of the USYstem. I. To perform such other duties as are YLT.,MUdMIft adni iat r the Svatem. Establishment and Operation of Fund. 1. As part of the System, there is hereby established Ihe Fund, into which shall be deposited all of the contributions and assets whatsoev r attributable to the System, including the assets of the prior Municipal General Employs s' Pension Fund. 2. The actual custody and supervision of the Fund (aid assets thereof) shall be vested in the Board. Payment of benefits and disbursemen fro m the Fund shall be made by the disbursing agent but only upon written authorization om the Board. 3. All funds and securities of the b6wieijW ' may be deposited by the Board with the Tinance Director of the munici- pality, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for a municipality. However, -8- • any funds and securities so deposited with the Finance Director of the municipality shall be kept in a separate fund by the Finance Director or clearly identified as such funds and .. 1 Uffmat securities of theGw �. In lieu thereof, the Board shall deposit the funds and securities of thv - ' ;e 116fivetaE &y1ftm in a qualified public depository as defined in §280.02, Statutes, depository with regard to such funds and securities shall conform to nrida which and be bound by all of the provisions of Chapter 280, . In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investmenYadyiser manager registered and r the, Investment Advisors Act of 1940 or otherwise exempt from such required registratio , an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any ' Adelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries; as regards the following: A. Current amounts of Accumulated Contributic ns of Members on both an individual and aggregate account basis,' and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributionsi and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. -9- • 5. An VevWen audit shall be performed anhui accountant for the most recent fiscal year of the City showing d a statement of all income and disbursements during the disbursements must be reconciled with the assets at the beg' g report shall reflect a complete evaluation of assets on both a cos as other items normally included in a certified audit. 6. The Board shall have the following investment po, A. The Board shall be vested with full legal however, and in any event to the ut Okeechobee City Council to amend or ten that no amendment or Fund termination sh any assets of this Fund except for the pa rm benefits under this Syste contributions from time to time paid into thereof, without distinction between prin ip and administered by the Board or its ag n1 shall not be required to segregate or invest ; Fund. B. All monies paid into or held in the F, reinvested by the Board and the investmei funds shall be limited to: (1) Annuity and life insurance contra is in amounts sufficient to provide, benefits to which all of the M 5n entitled under the provisions of hi and subsequent premium thereo . -10- by a certified public Led listing of assets and Such income and l end of the year. Such d market basis, as well s and authority: to said Fund, subject, ity and power of the ate this Fund, provided ever result in the use of of regular expenses and t nrovided herein. All e Fund, and the income and income, shall be held i the Fund and the Board iarately any portion of the shall be invested and all or any part of such life insurance companies whole or in part, the ..s in the Fund shall be ystetn and pay the initial • C. (2) Time or savings accounts of a tional bank, a state bank or a savings/building and loan association insured by the Federal Deposit Insurance Corporation. (3) Obligations of the United States or ob 'gations guaranteed as to principal and interest by the government of the United States. (4) Bonds issued by the State of IsraG 1. (5) Bonds, stocks, commingled funds administered by National or State Banks or evidences of ind bted ess issued or guaranteed by a corporation organized undej the aws of the United States, any state or organized territory of a United States, or the District of Columbia, provid' d that the ,, corporation is traded on a nationally recognized exchange and holds a rating -mr ; 1g o e of the three highest classifications by a major rating, service, and if such investments are made in 9 fund administered by a state or national bank, then the rating,r� of each issue in the lmm&d fa id shall hold a rating.,tr Maidag within the top three (3) ratink classifications of a major rating service and no foreign irk vestr ients shall be permitted in theme commingled fun4 rwi . ve The Board shall not invest more than fl. rcent (5 %) of its assets in the common stock, capital stock, or conveitible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5 %) of I the outstanding capital stock of that company; nor shall the aggregate of its investments in common -11- • UA stock, capital stock and convertible securities at cost exceed 4My Mialy percent (40 fiQ%) of the assets of the Fund - The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it mo y re ' them unregistered and in form permitting transferability, but d e bc oks and records shall at all times show that all investments are p of he Fund. The Board is empowered, but is not require , to vote upon any stocks, bonds, or securities of any corporations asso iation, or trust and to give general or specific proxies or powers of atto ey with or without power of substitution; to participate ergers, reorganizations, recapitalization, consolidations, and similar sactions with respect to such securities; to deposit such stock or OdLer securities in any voting trust or any protective or like comnittee with the Trustees or with depositories designated thereby; to am . or fail to amortize any part or all of the premium or discount rosulthig from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or o er investments comprising -12- T 40 El the Fund which it may deem to be to the exercise. The Board shall not be required to make Is report to any court, nor to secure any Ord' any power contained herein. Where any action which the Board is rec function which it is required to perform or under the general law applicable I ordinance, can reasonably be taken or it from a Member, the City, or any othc tion, certification, direction or instructi' liability in failing to take such action or until such information, certification, d` received by it. Any overpayments or underpayments Beneficiary caused by errors of comPt interest at a rate per annum approved be charged against payments next suc, in another manger if prudent. Unde the Fund ig a prudent manner. The Board shall sustain no liability the Fund to meet the payments and 1 In any application to or proceeding Board shall be a necessary party, -13 interest of the Fund to iventory or appraisal or court for the exercise of to take or any duty or under the terms herein as Trustee under this ed only after receipt by ty, of specific informa- 1 Board shall be free of m such duty or function or instruction has been e Fund to a Member or i shall be adjusted with Board Ao.such a manner 2&iA. Over payment shall the correction W collected its shall be made up from ver for the sufficiency of herein provided for. )n in the courts, only the Member or other person • having an interest in the Fund shall be entitled Itany notice or service of process. Any judgment entered in such proceeding or action shall be conclusive upon all persons. °. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent' provided further, that legal title to said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. 1. Member Contributions. A. amount. Each Member of the System; shall be required to make regular contributions to the Fund in the amount of six percent (6 %) of his Salary. Member contributions withheld by i he City on behalf of the Member shall be deposited with the Bd d t least monthly. The contributions made by each Member to the Fur d shall be designated as employer contributions pursuant to §41 ) of the4WWrfw1 Revenue Code . Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of Oe System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. City Contributions. So long as this System is in effect, the City9LOkdech!Qbee and the Okeec ' Utility Authority shall make quarterly contributions to the F difference in each year, between the total aggregate Member the total cost for the year, as shown by the most recent actu -14- an amount equal to the ions for the year and Cation of the System. • The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability over od of not more 1hn forty (40) yeara died, commencing with the fiscal year in which the Effective Date of this System occurs. ,I.he total cost for au year shall g-Uportioned equitably an the costs associated with each entity's employees. 3. Other. Private donations, gifts and contributions may 1 such deposits must be accounted for separately and kept on a s Funds arising from these sources may be used only for additi4 determined by the Board, and may not be used to reduce wh# required City contributions. 1. Normal Retirement Date. A Member's normal retirement date shall coincident with, or the next following age sixty-five (65) and t) of Credited Service or upon the completion of thirty (3 regardless of age. A Member may retire on his normal retit of any month thereafter, and each Member shall become 1001 on the Member's normal retirement date. Normal retirement Y from employment with the City on or after the normal retire# 2. Normal Retirement Benefit. A Member retiring hereunder on or after his receive a monthly benefit which shall commence on the first d his Retirement and be continued thereafter during Member'sI li but with one hundred twenty (120) monthly payments -15- ited to the Fund, but d bookkeeping basis. ;fits for Members, as have otherwise been first day of the month ;lion of five (5) years of Credited Service date or on the first day d in his accrued benefit the System is Zetirement date. retirement date shall the month next following me, ceasing upon death, any event. The monthly • retirement benefit shall equal two percent (2 %) of Average Final year of Credited Service. 3. Fly Retirement Date. A Member may retire on his early retirement datte w of any month coincident with or next following the later of the at (55) and the completion of ten (10) years of Credited Service E System is Retirement from employment with the City on or after and prior to the normal retirement date. 4. Early Retirement Benefit. A member retiring hereunder on his early retire er a deferred or an immediate monthly retirement benefit payable normal retirement as follows: A. A deferred monthly retirement benefit which would have been his normal retirement employment as a General Employee and hal day of each month thereafter. The ouI monthly retirement benefit shall be determin for retirement on his normal retirement d Service and Average Final Compensatio shh early retirement date; or B. An immediate monthly retirement benefit wh early retirement date and shall be con i uec month thereafter. The benefit payable, sl paragraph A above, which is reduced byone- of the first five (5) years and one-thirde (1, five (5) years by which the commence, eni -16- , for each ich shall be the first day inment of age fifty-five ly retirement under the ie early retirement date date may receive either k the same form as for iall commence on what ite had he continued e continued on the first of each such deferred in the same manner as except that Credited be determined as of his h shall commence on his on the first day of each 11 be as determined in fifteenth (1/15th) for each ;Oth) for each of the next of benefits precedes the I 1 date which would have been the Member's he continued employment as a General Ei SECTION 7. DEATH BE T . 1. Prior to Vesting or ElisibLh�, for Retirement. The Beneficiary of a deceased Member who was payments, or who was not yet vested or eligible for retirement hundred percent (100%) of the Member's Accumulated Contr. 2. Deceased Members vestea or numuic ty. &m&� Any member, whether or not still actively eml vested accrued benefit, shall be eligible for a death benefit if other benefits from this System. The amount of the death t percent (50 %) of the actuarially equivalent single sum value of benefit or his Accumulated Contributions, whichever is great If this single sum value is less than $3,500, it If the value exceeds $3,500, the Beneficiary may elect payr forms available for retirement benefits or a lump sum paymej If a Member is eligible for early or norma employment and dies .while so employed, the death benefit sl It shall be assumed that such deceased Member had retired i# of death and elected the Ten Year Certain and Life benefit shall be equal to fifty percent (50 %) of the actum of the Member's vested accrued benefit, if larger than Thereafter option, described earlier in this Section. -17- the retirement date had ing monthly benefit receive a refund of one , who has a right to a s before collecting any shall be equal to fifty amber's vested accrued be paid in a lump sum. any of the optional but remains in determined as follows: iately preceding his date on. However, the death ivalent single sum value Year Certain and Life • SECTION 8. DISABILITY. 1. Disability Benefits. Member who shall have become totally and permanently disabled while an active ('11eneial Employee of theGify - to the extent that he is unable, by reason of a medically de ' ble physical or mental impairment, to perform the duties that the General Employee was assigned at the time of the impairment and is unable to perform the duties of another General H.Mployee position which the City of Okeechobee or the Okeechobee Utility Authority, makes available to him in a similar job classification and rank at no reduction in Salary for which the General Employee is qualified by reason of graining, education, or experience, whether or not such disability was directly caused by the performance of his duty as a General Employee, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for Early Retirement set forth in Section 6, subsection 4.B, providing for an actuarial reduction. 2. Conditions Disaualih6ng Disability Benefits. Each General Employee who is claiming disab' ty benefits shall establish, to the satisfaction of the Board, that such disability was = occasionoccasioncd primarily by: A. Excessive or habitual use of any drugs, Intoxicants,, or alcohol. B. Injury or disease sustained while willfull and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a General Employee with the City Okeechobee shall have terminated. -18- F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Gen working for anyone other than the Cil Okeechobee Utility Authority and arising c H. A condition pre-existing the General p System. No Member shall be entitled 63 < of or due to the aggravation of a specific i medical condition pre-existing at the time of provided that such pre-existing condition a injury, impairment or other medical cc competent substantial evidence. Nothin preclude a disability pension to a Meml the System, suffers an injury, impairmi different from some other injury, it condition existing at or prior to said me 3. Physical Examination Requirement. A GeneM E4npleyee Member shall not becomi until and unless he undergoes a physical examination by a qu and/or surgeon or surgeons, who shall be selected by the Boaj Any Geflend Empleyee Retiree receiving of this ordinance may be periodically re-examined by a and/or surgeon or surgeons who shall be selected by the ability has ceased to exist. If the Board finds that the Ret -19- is I inpleyee Member while of such employment. ,ee's membership in the .sability pension because iry, impairment or other in the System, its relationship to a later ition be established by in shall be construed to io, after membership in other medical condition or other medical for disability benefits i physician or physicians that purpose. The Board benefits under provisions physician or physicians to determine if such dis- longer permanently and • totally disabled to the extent that he is unable to render useful General Employee, the Board shall recommend to the City performance of duty as a General Employee, and the Retiree rights that Member had at the time he was placed upon pens ordered to return shall refuse to comply with the order issuance thereof, Member ho shall forfeit the right to his The cost of the physical examination and/or Employee claiming armor the Retiree receiving disability Fund. All other reasonable costs as determined by the examination, such as, but not limited to, transportation, mi shall be borne by the Fund. If the Gena Retiree recovers froi service of the City as a General Employee, his service sh continuous, and the period for which fiber Retiree received shall be Credited Service for purposes of the System. If the Q to reenter the service of the City as a General Employee within the Board determines that the Retiree is no longer permanen extent that he is unable to render useful and efficient service Member's future benefits shall be determined as though he on the date the Board determined that he was permanently that he was unable to render useful and efficient service as a The Board shall have the power and regarding all disability claims. 5. Disability Payments. The monthly benefit to which a Member is Member's disability retirement shall be payable on the first -20- to efficient service as a Retiree be returned to ned shall enjoy the same the event the Retiree so irty (30) days from the mination of the General s shall be borne by the incident to the physical t hotel accommodations, and reenters the deemed to have been retirement income Entleyee Retiree fails (30) days from the date i totally disabled to the General Employee, the terminated employment ly disabled to the extent Employee. :e the final decisions in the event of the the first month after the u Board determines such entitlement. However, the monthly re ' ement income shall be payable as of the date the Board determined such entitlement, anany portion due for a I partial month shall be paid together with the first payment. The last payment will be: A. If the Geneiel Employee Retiree recovers from the disability prior to his normal retirement date, the payment due n xt preceding the date of such recovery, or B. If the General Effqlayee Retiree dies with ut recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th mon hly payment, whichever is later. 6. Workers' Compensation. When a Member is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100 % of the Member'Member's final monthly wage, as defined in Chapter 440. Florida Statutes , the disability pension benefit shall be reduced so that the total monthly am unt 7ceived by the Member does not exceed 100 % of such Sew Wave. SECTION 9. VESTING. If a Member terminates his employment with the ity, either voluntarily or by discharge, and is not eligible for any other benefits under this Sys m, Member shall be entitled to the following: 1. If the Member has less than five (5) years Credited ervice upon termination, the Member shall be entitled to a refund of his Accumulated C on 'buttons or Member may leave it deposited with the Fund. 2. -21- • die. the Member has five (5) or more ycars of Cred the Member shall be entitled to a monft retirement benefit. d pon termination.ervice. =ined in the same manner as for normal or emly retirement d based upon the MembeIf Average Compgnsation the benefit accrual rate as of the date L=nination, payable to him ig at the Member's otherwise normal or early re mmt providedFinal date. Contributionsnot elect to withdraw is Accumulated his otherwise normal or eady retirement date, If the Me nber does not withdraw his Accumulated Contributions and does not survive to his othe *se n )nnal or early retirement date. his designated Benefici= shall be entitled to a. benofit deceased Member, vested or i 1e for Retirement under P -.-Re irementDeath. payable in the event of Member, upon written or benefit of equivalent amount, payable to the of the General death of the Gene such monthly amount nount for the lifetime of SECTION 10, OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement in normal or early retirement as specified herein, a request to the Board may elect to receive a retirement inc actuarial value payable in accordance with one of the following A. A retirement income of a modified monthly GeneieI Empleyee Member during die Bmpleyee Member and following the BmpleyeeMember, 100 % , 75 % , or 50 payable to a joint pensioner for his lifetime. B. A retirement income of a modified monthly the General Emple Me gmber only. - 22 - om me options: lifetime % of a • C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the Systeff L, based upon the social security law in effect at the time of the I de ber's Retirement. This option may be combined with other optid rms of benefits. 2. The Genend Empleyeeblembff,upon electing ary option of this Section, will designate the joint pensioner (obsection L .A. abovel or Be ' fic' (or Beneficiaries) to receive the benefit, if any, payable under the System in the a ent f Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Generd £fittll6----Member has elected an option with a joint pensioner! r Beneficiary and Member's retirement income benefits have commenced, Member may th r change his designated Beneficiaryat any time, but may changc-b"m I&nsioner only ir€-tke if the designated Benefieijoint vensioner and the Member were married at the time of Member's Retirement and are divorced subsequent thereto and the joint pgnsioner'v ; provided however, in no event may a Member change his a ignated Beeefieiaryjoint pensioner more than twice. 3. The consent of aGenetelEmpleyeets ember'sr joint pensioner or Beneficiary to any such change shall not be required. The rights of 0 previously -designated Beneficiaries to receive benefits under the System shall thereupon pease. - 23 - • 4. Upon change of a Men ber&firee's Beneficiary or joint pensioner in accordance with this section, the Board shall adjust the 's monthly benefit by application of actuarial calculations to insure that the benefit paid is the Actuarial Equivalent of the MetTiberRetiree's then -current benefit. Any such INfeemterEgiO& shall pay the actuarial recalculation expenses and shall make repayment of any overage of previously -paid pension benefits as a result of said recalculations. Each request for a change will be made in writing on a form prepared by the Board and on completion be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Ge-1eRet subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be ubject to the following limitations: A. If a General -EmpleyeeV�Iember dies prior to is normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the General-Etnpleyee1sM r' re ' ement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the General EmpleyeeMember upon his Retirement if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Gene Emp}eyeehftm1zer prior to his Retirement -and. after the death ef the Benefieiary. -24- • C . If both the retired General -£�qleywMe Beneficiaries) designated by Member payment has been effected under any option ber and the Beneficiary (or die before the full for payments for providing a period certain and life thereafter, made purs iant to the provisions of Subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid n a lump sum and in accordance with Section 11. D. If a GeAeM EmpleyeeMember continues beyo id his normal retirement date pursuant to the provisions of Section 6, Subsection 1, and dies prior to his actual retirement and while an op on made pursuant to the provisions of this Section is in effect, mo thly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiarie) de 'grated by the GeneM Bmpleyee ember in the amount or amou' is cc mputed as if the Genets BfIIPk*wMember had retired under the option on the date on which his death occurred. 6. A GeAeM EnpleyeeRetiree may not change his of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the may elect to make a lump sum payment to a Member or a that the total commuted value of the remaining monthly exceed Three Thousand Five Hundred Dollars ($3,500.00). person pursuant to the power and discretion conferred upon I the sentence shall operate as a complete discharge of all oblii regard to such Member and shall not be subject to review binding and conclusive on all persons. -25- option after the date Board in its discretion, Beneficiary in the event to be paid do not payment made to any 3oard by the preceding under the System with ,one, but shall be final, M LJ 1. Each General E.. pled eeMember or Retiree mayo on a form provided for that purpose, signed and filed with the Board, designate a Beni c' (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his eath; and each designa- tion may be revoked by such General Employee by signing anti filitig with the Board a new designation of -beneficiary form. 2. If a deceased Genes Member or Retut ary in the manner prescribed in Subsection 1, or if the Benefice by a deceased Member or Retiree EnM*yeeMember or Retiree, the death benefit, if any, whin System with respect to such deceased Gene tapleyee p to the estate of the Generd E epleyeeMember or Retiree. SECTION 12, CLAIMS PROCEDURES. The Board shall establish administrative claimo :•. w 7-9_J r__ S_ aL_ 7]___Jf lscA to name a Benefici- or Beneficiaries) named eceasesd the GeneM y be payable under the orRetiree, shall be paid *deftee ee.m.te..__,t ;:le peftsien - 27 - aftef is re An e -28- �rrrrr�iw A . . . . . . . . . . . -29- , • be-mpensible at the heifig. The ....d�t...trO v at the fija-hee�g -way be •11 - + B....i �� ne�e it v ion, iZ f • - l�I ��+-A•L•l-tl.=�•t�l_S:Z J_=1Sl1ST full hearing-. -30- r . _the burden -31- �-Rom,--- I -32- • SEMON 13 ROSTER OF R'EMBEES. The Secretary of the Board shall keep a record of all under the provisions of this ordinance in which it shall be notc is allowed and when the same shall cease to be paid. Addition a record of all '--- Mi-IIfwria employed by tho manner as to show the name, address, date of employment at employment4s-teed. The Board may employ independent legal counsel at h purposes contained herein, together with such other profession as the Board deems necessary. SECTION 15, NIAMAR M PENSION. 1. Basic Limitation. Subject to the adjustments hereinafter set forth, tl retirement income payable with respect to a Member under tt lesser of: A. $90,000, or B. 100% of the Member's average aggreg; (3) consecutive calendar years during wlh an active Member and had his higi "Compensation" shall mean the Gen, annual remuneration paid or accrued foi the City during the plan year a4, EmplayeeMember's W-2. For purposes of applying the above limitation; other than a straight life annuity with no ancillary benefits sty -34- ins enjoying a pension time when the pension , I the Secretary shall keep krCity in such a I expense for the ical, or other advisors imum amount of annual :em shall not exceed the apensation for the three General Employee was ;gregate compensation. ,nplayeeMember's total final services rendered to ►rted on the GeneM Fits payable in any form adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not ire tly related to retirement income benefits; (2) Any other benefit not required under § 15(b)(2) of the Internal Revenue —Code and Regulations thereunder to be taken into account for purposes of the tatio of §415(b)(1) of the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any' Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Womal Revenue Code) maintained by the City shall apply as if the to benefits payable under all defined benefit plans in which the Member has been a member were payable from one plan. 3. Adjustments in Limitations. In the event the Member's retirement benefits be com payable before age 62, the $90,000 limitation prescribed by this Section shall be reduced in accordance with Regula- tions issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the Internal Revenue Code, but not less than $75,000JLIhLbgnWjLkgins at or after age fift- five. (55)• In the event the Member's retirement benefit becomes payable before age fifty- five (55), the $75,000 limitation shall be reduced from agefifty-five, (55) in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the Code. If the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the lirnitation set forth in Subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit -35- beginning at age 65. This adjustment shall be using an' assullmed interest rate of five g e mI percent (5 %) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Tess than Ten Years of Service. The maximum retirement benefits payable undo r thii Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under Subsection 1 of this Section multipli' d by a fraction, the numerator of which is the number of the Member's years of Credited S' rvic and the denominator of which is ten (10). 5. $ 10 000 Limit. Notwithstanding the foregoing, the retirement t,enef t payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed $10,000 for the applicable plan year and for any prior plan year anthe City has not at any time maintained a qualified defined contribution plan in which the Member participated. 6. Member in Defined Contribution Platt. In any case where a Member under this System; s also a Member in a "Defined Contribution Plan" as defined in §414(i) of the Code, maintained by the City, the sum of the "Defined Benefit Plan Fraction" and the "Defined Contribution Plan Fraction" (both as defined in §415(e) of the InterfW Revenu C(x e) shall not, subject to the restrictions and exceptions contained in §2004 of the Act, eXceec 1.0. 7. Reduction of Benefits. Reduction of benefits and/or contributions to i LJUI p s, where required, shall be accomplished by first reducing the Member's benefit un er any defined benefit plans in which Member participated, such reduction to be made first i Ath respect to the plan in which -36- as shall be determined Member most recently accrued benefits and thereafter in such priority by the Board and the plan. administrator of such other plans, and next, by reducing or allo- cating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, thati necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 8. Cost -of -Living Adjustments. The limitations as stated in Subsections 1, 2, 3, and 6 herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments prescribed by the Secretary of the Treasury pursuant to §41 (d) of the ae Code. 9. Additional_ Limitation on Pension Benefits. Notwithstanding anything herein to the contrary. A. The normal retirement benefit or pension p yable to a retiree who becomes a member of the System d ho has not previously participated in such System, on or after J ary 1, 1980, shall not exceed 100 percent of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable tcost-of-living increases or adjustments. B. No Member of the System who is-aet M shall be allowed to receive a retirement 19enefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement -37- benefit or pension from another System or plan. not apply to social security benefits or federal 67, Title 10, U.S. Code. This restriction does benefits under Chapter aftd date en-whieh dw JLF---:- benefits Uftd 1-1— System te the Member retirement i-19--eeme is to eewdnenee-, the payment B. The 10th ef the date partieipafien in- the System, er the Member's bei%-fitrahan begin net later reasenable efferW to do se, the payment ef fit&- -em be iseeft. er Oboe �Mfeefnb sidy (60) days after the date en-whieh ametint Seetien. SECTION V16 DISTRIBUTION OF BENEFITS Notwithstanding any other provision of this System retirement income payable from this System after the Effecti satisfy the following conditions: -38- to e Date the contrary, a form of of this ordinance, shall 1. If the retirement income is payable before the M A. It shall either be distributed or commence April 1 of the calendar year following the which the Member attains age 70-1/2, of Member retires, B. The distribution shall commence not b defined above; and a), shall be paid ova over the lifetimes of the Member and Sp b), shall be paid over the period extendin ancy of the Member and Spouse, issue of Where a form of retirement income payment hs with the preceding paragraphs and the Member dies before hi! has been distributed, the remaining portion of such interest in r no less rapidly than under the form of distribution in effect death. 2. If the Member's death occurs before the System has commenced, Member's entire interest in the five (5) years of Member's death, unless it is to be i following rules: A. The Member's remaining interest in t Spouse, issue or dependent; B. The remaining interest is to be distributo, issue or dependent or over a period t expectancy of the Spouse, issue or depa C. Such distribution begins within one year the Member's Spouse, issue er asp - 39 - mber's death, the Member not later than ater of the calendar year in the calendar year in which ,an the calendar year life of the Member or issue or dependent, or beyond the life expect- menced in accordance interest in the System am shall be distributed time of the Member's but* n of his interest in the m shall be distributed within uted in accordance with the is payable to his the life of the Spouse, ading beyond the life and Member's death unless 1 receive the remaining interest in which case the distribution need not bl which the Member would have attained age 70 issue or dependent dies before the distribution dependent begins, this Section shall be ap lied ev dependent were the Member. 1. Interest of Members in System. At no time prior to the satisfaction of all liat respect to Members and their Spouses or Beneficiaries, sb income of the Fund be used for or diverted to any purpose benefit. x a.a.a and a tt0 40 egin before the date on 1 /2 and if the Spouse, o the Spouse;-"sstie-er as if the Spouse; issue nder the System with part of the corpus or ian for their exclusive e shall be ado Y ted b the City Council of the City 3�. No amendment or orduzanc P of Okeechobee which shall have the effect of reducing the then ve ted accrued benefits of Members or a Member's Beneficiaries. 3. Qualification system. It is intended that the System will constitute a qu'ifie I pension plan under the applicable provisions of the Code, as now in effect or hereafter or amendment of the System may be made retroactively, if qualify or maintain the System as a Plan meeting the j provisions of the Code as now in effect or hereafter amt provisions of the U.S. federal tax laws, as now in effect or and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service to reduce future City contributions. 1. This ordinance establishing the System and pertaining to said System and Fund, may be modified, termins in part; provided that if this or any subsequent ordinance shall application to any person benefiting hereunder, the amount of any such alteration, amendment, or repeal shall have accrued' shall not be affected thereby, except to the extent that the as4, mined to be inadequate. 2. If this ordinance shall be repealed, or if discontinued, the Board shall continue to administer the provisions of this ordinance, for the sole benefit of the then receiving retirement allowances, and any future persons ent of the options provided for in this ordinance who are desi -42- to . Any modification or appropriate, to of the applicable or any other applicable er amended or adopted, shall serve only td subsequent ordinances or amended, in whole or or repealed in its which at the time of Member or Beneficiary the Fund may be deter - to the System are in accordance with the >, any Beneficiaries then ceive benefits under one y any of said Members. In the event of repeal, or if contributions to the System are disoonfuhued, there shall be full vesting (100 %) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for pu os s of allocating the assets of the System as of the date of repeal of this ordinance, or if contributions to the System are discontinued with the date of such discontinuation being deter*, ained by the Board. A. Apportionment shall first be made in respect of each retired GeAer� EmpleyeeRetiree receiving a retirement or di bility benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since d eas d) ral Emph yee, Member and each GegeM EngAeyee who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalen of uch benefit, based pet3 aewarw , provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining 4fter the apportionment under paragraph A, apportionment shall next be de in respect of each Geneiel E in the servic4 of t ie City on such date who i v and who is not entitled to an apportionme t un er paragraph A, in the amount required to provide the Actuarial Equ valent, as deseribed in A abeve, of the vested portion accrued no tirement benefit (but not - 43 - • C. �pss f an Accumulated Contributions), ba and Average Final Coffmnsation Monthl each vested former Member then entitled not, by such date, begun receiving beng, required to provide said Actuarial Equiv gir,_accrued normal retirement benefit, Contributionsl provided that, if such rem the aggregate of the amounts apporti� amounts shall be proportionately reduced reduced amounts will be equal to such ro If there be any asset value after the appl A and B, apportionment shall be madO, £le�reeMember in the service of the j entitled to an apportionment under parai equal to Member's Accumulated Contril remaining asset value be less than tl apportioned hereunder such latter amq reduced so that the aggregate of such re� such remaining asset value. If there be any asset value remaining aj paragraphs A, B, and C, apportionment) of each Genetid Empleyeehim—h—er inclj the extent of the Actuarial Equivalent sbeve, of the non -vested portion of the a� fit, less the amount apportioned in paral Service and Average fnendtly-eg gs -44- )n the Credited Service inp as of such date, and leferred benefit who has tyments, in the amount of the vested portion of asset value be less than hereunder, such latter ►at the aggregate of such ing asset value. iments under paragraphs respect of each Genera} on such date who is not s A and B in the amount is, provided that, if such gregate of the amounts shall be proportionately amounts will be equal to he apportionments under lastly be made in respect in paragraph C above to i normal retirement bene- C, based on the Credited Comnensation as of such date, provided that, if such remaining rise value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset val' e remaining after the full apportionment specified in paragraphs A., B, C, and D, such excess shall be returned to the City, ' The allocation of the Fund provided for in this Subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this Subsection. The Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System stall be terminated or the full current costs of the System shall not have been met, anything in die System to the contrary notwithstanding, City contributions which may be used for the t enefit of any one of the twenty-five (25) highest paid General Employees on the eff ctive date, whose anticipated annual retirement allowance provided by the City's contributions at Member's normal retire- ment date would exceed $1,500, shall not exceed the greater of either a) $20,000, or b), an amount computed by multiplying the smaller of $10,000 or twenly percent (20%) of such General Employee's average annual earnings during his last five () years of service by the - 45 - II number of years of service since the effective date. In the event that it shall hereafter be determined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the Intewal Revenue Code, this paragraph shall be inef fective without the necessity of further amendment of this ordinance. 4. After all the vested and accrued benefits provid d hereunder have been paid - and after all other liabilities have been satisfied, then and only en s all any remaining funds revert to the general fund of the City. Except as otherwise provided by law, the pensions, uitis, or any other benefits accrued or accruing to any person under the provisions' of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tar. and shall not be subject to execution, attachment, garnishment or any legal process wliatsoever and shall be unassignable. SECTION U20 PENSION VALIDITY. The Board shall have the power to examine into the Jkcts upon which any pension shall heretofore have been granted under any prior or exis4 ig law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. Said Board is empowered to purge the pension rolls of any person heretofore grainted a pension under prior or existing law or heretofore granted under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall I ere fter under this ordinance be erroneously, improperly or illegally classified. IV. -It • SECH 1N 2221, FORFFMME OF PENSION. 1. Any General E..qAe5,ee emt= who is conic committed prior to retirement, or whose employment is terms commission, aid or abetment of the following specified offen benefits under this System, except for the return of his Accur date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an B. The committing, aiding or abetting of a employee from employer; C. Bribery in connection with the empl employee; D. Any felony specified in Chapter 838, ] E. The committing of an impeachable off, F. The committing of any felony by a F willfully and with intent to defraud the which he acts or in which he is emph faithfid performance of his duty as a realizes or obtains or attempts to obtain 0 himself or for some other person throug the power, rights, privileges, duties or employment position. 2. Conviction shall be defined as an adjudication jurisdiction; a plea of guilty or a nolo contendere; a jury ve of guilt is withheld and the accused is placed on probation; an impeachable offense. -47- . of the following offenses .d by reason of his admitted , s forfeit all rights and ite Contributions as of the .ment of public funds; by a public officer or of a public officer or or employee who or the public agency, for f the right to receive the officer or employee, gain, or advantage for use or attempted use of n of his public office or if gu' t by a court of competent ct of guilty when adjudication a cc nviction by the Senate of • 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a bearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in xce s of his Accumulated Contributions. The Board may implement all legal action necessary to recover such funds. SECTION .2322. INDEMNIH'ICATION. 1. To the extent not covered by insurance contractIs in Jorce from time to time, the City shall indemnify. defend and hold harmless members q the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify defend and hold'! hanr less any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve ai iy insurance company or other entity liable to defend the claim or liable for payment o the udgment or claim, from any liability, nor does this Section waive any provision of law affc rding the City immunity from any suit in whole or part, or waive any other substantivJ or 7ocedural rights the City may have. - 48 T 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. If a member of any of the City's three retirement other two systems, he must choose one of the following Service accrued to date of transfer. 1. The Member may take a refund of his event no pension benefit shall be payable based on Credited covered. 2. The member may leave his Accumulated event his Credited Service with both systems shall be combi eligibility for benefits and for vesting. When the member is s shall receive benefits from both systems, which shall consist i system based on the provisions of the respective system Service under that system. The years or fractional parts of years that a General l on active duty in the active military service of the Armed Foi United States Merchant Marine, voluntarily or involuntarily, conditions, prior to first and initial employment with the Citj Credited Service provided that: 1. The General Employee contributes to the contributed had he been a member of the System for the for which he is requesting credit plus amounts actuarially -49- to either of the with regard to Credited Contributions, in which attributable to the period in the fund in which purposes of determining to receive a benefit, he benefits under each earnings and Credited serves or has served the United States or the or under honorable be added to his years of sum that he would have fractional parts of years 4 such that the crediting I • cost to the Fund plus payment,, of costs for all professional of service does not result in any c services rendered to the Board in connection with the purchase o f years of Credited Service. 2. The request shall be made only once and made by the General Employee on or before MM six (� months from the date of his employment with the City, 3. Payment by the General Employee of the required amount shall be made within six (6) months of his request for credit and shall be made in one lamp sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this sertion shall not count toward vesting. 1. General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may, lect at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distrib tee in a direct rollover. 2. Definitions. A. Eligible Rollover Distribution: An elig' le rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollov' r distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated -50- • Beneficiary, or for a specified period of te� years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. B. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in sectio 40 (a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403( of the Code, or a qualified trust described in section 401(a) of lie ode, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. C. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest o the Spouse. D. Direct Rollover: A direct rollover is a pa ent by the plan to the eligible retirement plan specified by the Oistri utee. Utility Authority shall elect to: 1 Unless otherwise 2 SEMON 27 ADOPTION OF PLAN BY TEE )BEE IZEU TY AUMORM Effective September 29. 1995, Okeechobee UtilitUwdu ority shaU t this C4 -the of Okeechobee and Okeechobee Utility Authority E ' Retirement to urovide benefits to fuH time em For ipumoses of determinine benefits under this the Okeechobee Utility Authorb shaH be treated in the same m aye the same effect as. Okeechobee.Resolution. emWoyment by theCily of 1 ce in pl membershW or ServiceCredited k Whereand the City of Okeechobee, rthis document to "die M such reference shaU be deemed to include the Okeech)bee Utilit-y Authority. urdess clearly indicated otherwise by context. =%akwl-95g.pin -52- The Okeecholte News P.O. Box 639, Okeechobee, Florida 34973 (813) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECTiOBEE before the undersigned authority personally appeared RichardHitt,whoon oathsayshe is Publisherofthe Okeechobee News, a DAILY newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adver- tisement, being a L\ 'r-tt 0 ( in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee Coynty, Florida, was ublished in said newspaper in the issues � Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding. the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of pecuring this advertisement for publication in the newspaper. / \. n n Sworn to and subscribed before me this (�{� day of _ ! ��(.� ��,�1 A.D. 19(2L_ Notary Public, State of�lorida at Large F L Norps a H era. at dri 7M In do TAASI a dQAI A UNFI T I S RA G EMP1 TY A rIHORn IONA TM THE CHO BE UT BETE EtNT TI ;PROVE FOR BOAR AN FOR NTRIE AMO NTS Al DRA BBNE M PR RIG a YID G. FOR Nair, s PRU OR TOMINK, FOR ASS LEE TTY; OVID[ CERT, FOR POR AI LTTARI PORt TY O 1N CI EPFFA The a Clark. FL 34! With e SAS TAKE paean e With ma easy re fora hap W mb deooI blew OF PROPOSED ORDINANCE :RE4Y GIVEN tW O!bA=a No. 666 will be plaid m,.ad d star nadkm f do City co.aou of do City of Okee- to be Leal Twoky. Garber 17. l"S a i :ity CamaR Chaaeas leard as do reo- mcbabso City Hell, SS SR 3rd Awwa6 or as soon dareatbr as saeh adiosaee amidaed far pnow CE OF THE CITY OF OKEECHOBFB ID RESTATING THE CITY OF OKFE- CIPAL GENERAL EMPLOYERS; PEN- UND AS ADOPIBD BY ORDINANCE MSEQU ENTLY AMENDED DNCORPO. )YEES OF THE OKEBCHOBW UTRJ- r INTO THE SYSTEM TO BE RRDES- CTTY OF OKRBWOBEE AND OKFB- LTTY AUTHORITY RMPLOYERS' SYSTEM; PROYIDDIG FOR DEFINE. IIYG FOR MEMBERSHIP, PROVDRIO I OR TRUSTERS; PROVIDING FOR I FUND MANAGR►tlllT; PROVIDING JTIONS; PROVIDING FOR BENEFIT D'4LIGIBILrrY; PROVIDING FOR ITS. PROVIDINO FOR DISABILITY VIDING FOR yIIS'TRiO OF SRWI TY; nOKAL FORM GK IIS;.PRO. IRNBPiCfARRIS; PROYIDIIIG pOR DRBtBS'iPJibYIDRidifK1R'�lMOS7ER PlDVR7�_�AY ATPOR- I i3101f G POR A A PROVIDM FOR OF BENEP11% PROVIDDIG MSSCEL . ION, OF THE SYSTRM;'PROYB)EYO DN PR0W WMCUTnOtf MWNON f; PROVIDING FOR'fN VALID• IG FOR.FORPRiTUM'dF PENSION IN CIRCUMSTANCES; PROVIDING 1CAMON; PROVDDNO FOR TRANS- W aff. PROVDDIO POR OWIT SERVIQPRIDE TOE►GWYlt Nr; R DIRECT TRANSFERS OF ®JOIBLB ISTRIBUTIONS; PROVIDING FOR ITAPTRRRETINDA PPROVDIKL nom. PROVIDING FOR SBYERA8111.1. DNS; REPEALIM ALL ORDINANCE HEREWITH AND PROVIDING AN ry be mepbed is dre o in of tee Chy Canoe, 35 SE Nd Aveor, Okarhabr, i s die boars of ! AM,WK MsF& may Wpo r at sW wooft and be brand anacanmt of said ardinm. NOTICE AND Be ADVLSBD tht it any appeal my dedeian of d. City Council N moat canridaed t deis araaiR, blabs a dam a verbetio record of do proved• eh record Ws" the tatimmy and evi. dt apped is to be band. iMAS, CMC, CITY CLERK Is NEWSl411 MICHELLE LEA CASH Notary Public, Stab of Florida My comm. expires Mar. 24, 1998 Comm. No. CC 358929 „/Ofon, to too OKEECy City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida October 11, 1995 MEMO TO: City Council FROM: John Cook City Attorney RE: Building/zoning department Gentlemen: V, .3 813/763-3372 We again met on October 10 regarding the consolidated building/zoning department, and present were m self, Bob Oliver, John Abney, John Cassels, Joe Crum, Bill Roye, and George Long. The proposed interlocal in your pcke is the result of that meeting, and if you recall, would be on idered "option 2” from our discussion at the last council meeting. To be clear, understand that under' hi proposal, the two functions, (1) building permits, construction licensing, and building related code violations, and (2)I planning and zoning functions and zoning related code violations, would be totally separate, with the County handling the first, and the City handling the second. The major difference in the operation of the departments under this new proposal would be that the City must set up the personnel and system to conduct the zoning and planning operations, and some individual or board to hear zoning requests,'with an appeal process built in. All building permit requests within the City would be filed at City Hall on a uniform permit appl'!'ca ion, whereupon we would review it for zoning and planning 'consistency with our regulations and comprehensive plan, and then forward it to the County for issuance, together with any comments or conditions we may impose. The purpose for this type system seem�i to be the Council's desire to control not only the creation of our own LDR's and comprehensive plan documents, but also to possess the ability to interpret and implement our own zoning and planning rules, which the County would have done under "option 1". Please review the proposed interlocal, nd upon our review on October 17, the County will consider it at thelIr next meeting. Kindest Regards, t John R. Cook THIS AGREEMENT made and entered into by a d between OKEECHOBEE COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County", and THE CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corporation, by and through its City Council, hereinafter referred to as "City", pursuant to the Florida I terlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) as of this day of 1995. WITNESSETH WHEREAS, the City has the duty and the power to provide for certain construction, building and planning services for the residents, businesses and facilities within its jurisdiction; and WHEREAS, the City is desirous of providing services at he most economical rate possible consistent with state law and sound construction and planning methodologies; and WHEREAS, the County and the City have the power to provide construction, building and planning services; and WHEREAS, the County and the City have the power toe ter into agreements with other governmental agencies within or outside of their respective boundaries for joint performance, or the performance by one unit on behalf f the other, or any of either agency's authorized functions; and WHEREAS, the Municipal Home Rule Powers Act g, ants the City all governmental, corporate and proprietary powers to enable it to conduct munic pal government, perform municipal functions, and render municipal services except when expressly prohibited by law; and WHEREAS, the County and the City have the aut rity to enter into agreements with other persons to undertake to fulfill some or all of their respective responsibilities for the provision of planning and building services; and WHEREAS, on the 15th day of April, 1985, the County and City entered into an interlocal agreement and amended said agreement on the 6 h day of January, 1987 ("First Agreement") for the purpose of providing certain unified construction, building and planning services to the public for the mutual benefit and efficiency of the parties; and 17000-15384) WHEREAS, both the County and the City have adopted Comprehensive Plans as mandated by Chapter 163, Florida Statutes since execution of the First Agreement; and WHEREAS, the County has adopted Land Develop ent Regulations and the City is in the process of adopting new Land Development Regu atio s since execution of the First Agreement; and WHEREAS, the County and the City desire to enterinto a new updated Interlocal Agreement (the "Agreement") which takes into account the County and City ordinances adopted since the First Agreement as well as which ide tifie the relative rights and responsibilities of the parties. NOW, THEREFORE, in consideration of the premises aj and covenants herein contained, it is agreed by and between the SECTION I CONSTRUCTION AND BUILDING 1.1 Unified Services THAT there shall continue to Administration of Construction and Building Related Services. Okeechobee County Department of Planning and 1.2 Unified Building Codes THAT as is more parr below, the following standard building codes incorporated County Ordinance 92-20 (Land Development Regulations), shall apply to the incorporated as well as unincorporated a of the terms, conditions hereto, as follows: CES unified institution for the is institution shall be the Compliance Division. described in Section IV VIII of Okeechobee from time to time, Okeechobee County: A. Standard Building Code The 1991 Standard Building Code as promulgated by the Southern Building Code Congress International together with Appendices A, C, D, F, G, H, J, K and M, as adopted by the Le' isla ure of the State of Florida as the State Minimum Building Code; B. Standard Plumbing Code The 1994 Standard Plumbing Code, together with a pendices A, B, C, D, E, F, G, I and J, as promulgated by the South rn Building Code Congress International. In addition, the following ections are hereby created: Section 407.1.6: A minimum of one (1) tem)orary portable facility shall be provided for one (1) to ten (10) work en. One (1) additional facility shall be provided for each additiorU L1 25 workmen. 'In a development there shall be a minimum of one. (1) f cility for each five [7000-15M4] 2 • 0 (5) lots or within 500 feet of the work area; Section 407.2.3: For existing structures, the required facilities may be accessed by use of a covered, paved walk way not to exceed 50 feet in length. This shall be at the discretion of the Building Official and shall be on a case by case basis. C. Standard Mechanical Code The 1991 Standard Mechanical Code, together wi h appendix A, as promulgated by the Southern Building Code Cong ess International. D. Standard Gas Code The 1991 Standard Gas Code, with no append i es, s promulgated by the Southern Building Code Congress Interna iona . E. National Electrical Code The 1993 National Electrical Code as promulgated by the National Fire Protection Association and approved by the American National Standards Institute and known as ANSI/NFP 70 1990. F. Standard Unsafe Building Abatement Code. The 1985 Standard Unsafe BuildingAbatement ode as promulgated by the Southern Building Code Congress Interna iona . G. Standard Existing Buildings Code. The 1988 Standard Existing Buildings Code tog ethe with Appendix A, as promulgated by the Southern Building Code on ress International. H. Standard for the Installation of Roof Cove rin s. The 1985 Standard for the Installation of Roof C veri gs as promulgated by the Southern Building Code Congress Internation 1. I. Standard Swimming Pool Code. The 1991 Standard Swimming Pool Code as promulgated by the Southern Building Code Congress International and revi ed by deleting sections 315.2.1.9 and 315.2.2 in their entirety. J. Standard for Hurricane Residential Construction STD 10-93. The 1993 Standard for Hurricane Residential Construction SSTD 10-93 as promulgated by the Southern Building Code Congress International. (To be used within its limitations as an alternative o meet the requirements of section 1205 of the Standard Building Code 1911 edition for residential construction.) 1.3 Code Compliance Director. THAT the Okeech bee ounty Code Compliance Director as defined in Okeechobee County Ordinance 92-20 hall be deemed to be the City of Okeechobee Code Compliance Director with jurisdiction to enforce any construction 17000-15ss4i 3 codes referenced in section 1.2, above, Okeechobee County Ordi ance 92-20, as amended from time to time and the enabling legislation described in Section IV below, provided said codes relate to construction, additions or renovations of buildings and structures. It is the intent of the parties that codes not referenced in section 1.2, libove shall be enforced by the City Code Enforcement Board as more particularly des ribed in Section III of this Agreement. 1.4 Development Orders. THAT Part 13.05.00 of Article 13, Okeechobee County Ordinance 92-20 as amended from time to time, shall govern the Administration and issuance of building permits and development orders in i the incorporated as well as unincorporated areas of Okeechobee County. Provided how Iver hat Section 13.05.02A of Okeechobee County Ordinance 92-20 shall be administered y a erson designated by the City Council as more particularly described in Section II of ! his greement. 1.5 Applications for Building Permits and Developm ers All applications for Building Permits or Development Orders in the unincorpor ted real of the County shall originate at the County Department of Planning and Development. All applications for Building Permits or Development Orders within the incorporated limits of the City shall originate at the City Hall and utilize application forms provided to the City by the County. Upon verification by the City that the application complies, with, or upon satisfaction of enumerated conditions, will comply with all applicable City oni g, planning and land use laws, it shall transmit the original and one copy of the applid atior package together with a written transmittal memorandum which indicates the City approval or conditional approval to the County for building code compliance review and issu nce f the building permit. 1.6 City Development Conditions. THAT following City approval as described in section 1.5 above, all building permits and development orders shall be issued in accordance with Okeechobee County Ordinance 92-20, as amended from ime to time and the Standard Codes incorporated into said Ordinance. Where the C y r view process results in conditions for approval, it shall state those conditions in the iransmittal memorandum that will accompany the application package to the County. The memorandum shall separate those conditions which must be met before a building permit or development order is issued from those conditions which must be met before the certifica a of occupancy is authorized. The development order or building permit shall recite the co diti ns imposed. The County 17000-153sa] 4 • it t wll will not issue a Certificate of Occupancy on a project 1 oca d thin the City until it has been advised in writing by the City that there has been compliance with the conditions previously imposed. 1.7 City Fees THAT any review fees charged by the City shall be in addition to the standard construction permit fees authorized by County ordinance. The city shall collect any fees that it imposes for either development review or impact. 1.8 County Fees THAT the County shall segregate any c harges presently included in the construction permit fees that are attributable to a planning review or function and no longer make such charge for construction occurring within he incorporated limits of the City. SECTION II PLANNING SERVICES 2.1 Separation of Planning Services That as the Cify Co incil has designated itself as the City of Okeechobee Local Planning Agency and as the County and the City have dissimilar Comprehensive Plans, Plan Amendment Processes, Subdivision regulations and Land Development Codes, it is in the best interest of the parties that the City shall perform its Planning Services for proposed development within the i cor orated limits of the City. Accordingly, as of the implementation date, the County Plamung Board and Board of Adjustments and Appeals shall no longer review applications for property located within the incorporated limits of the City. That as of the implementatioit date, the County Department of Planning and Development shall no longer review or a ?prove the site plans, zoning, concurrency, comprehensive plan consistency or the exist ng or proposed land use of applications for property located within the incorporated liq its of the City. 22 Intergovernmental Cooperation. Nothing conta ned in this section shall be deemed to waive either party's rights and obligations 1 rider the Intergovernmental Cooperation elements of the parties' respective Comprehensi' a Plans or under any provision of Florida Law. SECTION III CODE COMPLIANCE 3.1 Construction Industry. THAT Okeechobee County Ordinance 93-3 (Construction Industry Licensing), as amended from time' to time, shall extend to the incorporated as well as unincorporated areas of Okeechobee Co nty. 17000-15M4] 5 3.2 Construction Industry Licensing Board. THAT Sections 12.03.01 and 12.03.05 of Article 12, and sections 11.03.02 and 11.03.05 of Article 11, Okeechobee County Ordinance 92-20 as they relate to the Construction Industry Licensing Board shall apply to the incorporated as well as unincorporated areas of Okeech bee County. 3.3 Separation of Enforcement Activities That as the Ci y Council has previously established a City Code Enforcement Board and as the County an I the City have dissimilar codes and regulations, it is in the best interest of the parties t hat tie City shall perform the majority of its code enforcement activities. Accordingly, as of the mplementation date, the County Department of Planning and Development shall no longer investigate and cite allegations of ordinance or code violations occurring within he incorporated limits of the City that do not relate to new construction, addition or renovation to buildings and structures. Investigation of violations occurring within the incd or ted limits of the City that do not relate to new construction, addition or renovation to buildings and structures shall be governed by the provisions of Section 3.4, below. The County Code Enforcement Board shall no longer review complaints or citations for persons or property located within the incorporated limits of the City. This section shall not be construed to eliminate the jurisdiction of the Construction Industry Licensing Board or the Code Compliance Director as otherwise described in this Agreement. 3.4 Existing Unsafe Structures Investigation of existing structures located within the City w the standards provided in the Standard Unsafe Building Abate section 1.2, above, shall be by referral from Okeechobee ( Complaints received directly by the County shall be forwarded to t determination of whether a referral is warranted. Should theCity either as a result of a complaint or through the City's iniiiativ structure which fails to meet the standards provided in the Un Code, the Administrator shall notify in writing the County Code G condition. This notification shall constitute a referral by the Ci County investigate the allegations and take appropriate steps as or eliminate the unsafe condition. The City shall reimburs th, expenses incurred by the County as a result of the referral i clu rich allegedly fail to meet vent Code, described in 'ity Administrator only. ie City Administrator for Administrator determine : that there may exist a afe Building Abatement mpliance Director of the y and a request that the )rovided by law to abate County for any and all ling administrative, legal [7000-153sa} 6 and demolition cost if expended. The County shall keep de of abatement or condemnation action initiated. Provided ho e-, competent jurisdiction enter an order compelling the County regard to an unsafe structure within the City, the County sh expenses described in this section despite the absence of a ity SECTION IV ORDINANCES AND JURISDI 4.1 Adoption of County Ordinance. That within thirty (31 date of this Agreement, the County shall hold the required pu Amending Ordinance 92-20 as amended, to extend jurisdiction to Okeechobee County to the extent described in this Agreem t. 4.2 Adoption of City Ordinance. That within thirty (2 of this Agreement, the City shall hold the required public 1 Ordinance 660, to the extent that it is inconsistent with the i expense records of any that should a court of take some action with be reimbursed for the days from the effective is hearings to consider incorporated areas of from the effective date to consider Amending of this Agreement. 4.3 Condition Precedent. Approval by both parties of th ordinance amendments described herein shall be a condition precedent to the imple' ent tion of this Agreement. 4.4 Existing Interlocal Agreement. The First Agreemen ent red into on the 15th day of April, 1985 and amended the 6th day of January, 1987 5 all remain in full force and effect until the implementation date at which time it shall be deemed to be superseded by this Agreement. Provided however, should both parties i not amend their respective ordinances to permit effective implementation of this Agre$ en , the notice of intent to terminate as described in paragraph 9 of the First Agreement m y be provided by either party irrespective of the July 1st deadline described in said tamendments ree ent. 4.5 Due Process. This agreement and the ordinan contemplated by this agreement, shall be construed to afford due process ordinances. In the event that any right of appeal is rem governmental functions, the City shall be deemed to have ji affecting land lying within the incorporated limits of the Ci all persons affected by said the separation of the on to hear said appeals [7000-15ssa) 7 SECTION V MISCELLANEOUS 5.1 Term and Effective Date. The term of this Int rlocal Agreement shall commence upon the approval by both the Board of Count} Commissioners and the City Council and shall continue for a term of five years and may I a renewed for successive five year periods upon approval by both governing bodies. 5.2 Implementation Date. The implementation date shall be January 1, 1996. 5.2 Termination. This Agreement may be terminated for any reason by either party upon not less than ninety (90) days written notice to the other party. 5.3 Recording. A completely executed copy of this nter ocal Agreement shall be filed with the Clerk of the Circuit Court in Okeechobee County. 5.4 Obligations Obligations under this Agreement' re not an indebtedness of the County or City. The respective obligations of each party hereto under this Agreement shall not be an indebtedness within the meaning of any constit do al, statutory, charter or ordinance provision or limitation of any party hereto. Nei# ier of the parties hereto are obligated to pay or cause to be paid any amounts due under) this Agreement except in the manner provided herein, and the faith and credit of any pary he eto is not pledged to the payment of any amount due under this Agreement. This Agi -eernent shall not require any party hereto to levy or pledge any taxes whatsoever for the; payment of any amount due under this Agreement. 5.5 Relationship of the Parties Except as set forth herein, neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent or local representative of the other party, or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. 5.6 Assignment. This Agreement, or any interest herein, may not be assigned, transferred or otherwise encumbered, under any circumstances, by either party without the prior written consent of the other party. 5.7 Applicable Law. This Agreement shall be construe I in accordance with the laws of the State of Florida. [7000-15-W) 8 5.8 Constncction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or throug its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective c uns 1 and the negotiation of changes in language in any provision deemed unsuitable or i iadequate as initially written, and, therefore, the application of such presumption or role of construction would be inappropriate and contrary to the intent of the parties. 5.9 Notices All notices, consents, or other communications required, permitted or otherwise delivered under this Agreement, except correspondence and transmittals relating to specific development orders and permits, shall be in writing and shall be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated be ow: As to County: County Administrator Okeechobee Coun y, F orida 304 N.W. 2nd Strei t, S iite 106 Okeechobee, Florida 34972 Attention: Count} Ad inistral With copy to: John D. Cassels, Jr., Esquire County Attorney 400 N.W. 2nd Strc t Okeechobee, Flory a �4972 As to City: City Administratot City of OkeechobO 55 S.E. 3rd Avenp Okeechobee, Flori With copy to: John R. Cook, Es ui City Attorney 202 N.W. 5th Ave uo Okeechobee, Florida Changes in the respective addresses of the parties may be made from time to time by either party by notice to the other party given by mail. Nqtices given in accordance with this section shall be deemed to have been given five (5) b,usinc ss days after the date of [7000-153M] 9 0 mailin • notices and consents given b an other means shall e d emed to have been given g� g Y Y � � when received. 5.10 Incorporation ofAgreements. This document supersedes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. Accordingly, it is agreed that no deviation'from the terms of hereof shall be predicated upon any prior representations or agreementsi whether oral or written. It is further agreed that no modification, amendment or alterat' n in the terms or conditions herein shall be effective unless contained in a written docuni nt executed by the governing bodies of the parties and filed with the Clerk of the Circuit Court of Okeechobee County. 5.11 Severability. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree as to such men ments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, iltplenient and give effect to the intentions of the parties as reflected herein, and the other iprovisions of this Agreement shall, as so amended, modified or supplemented or othe ise affected by such action, remain in full force and effect. IN WITNESS WHEREOF, the Board of County Comm ssioners of Okeechobee County, Florida has caused this Agreement to be executed as', f th date first above written. BOARD OF COUNT, COMMISSION OKEECHOBEE COUNTYCOUNTYJ FLORIDA By: ATTEST: (SEAL) Sharon Robertson, Clerk, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY l7000-153sal 10 • IN WITNESS WHEREOF, the City Council of the City of Agreement to be executed as of the date first above written. CITY OF By- ATTEST: E. (eech0bee, Florida, has caused this IEEE, FLORIDA (CORPORA' BONNIE S. THOMAS, CMC, CITY CLERK APPROVED AS TO 1 CORRECTNESS: By: CITY ATTOf I I 17000-153sal 11 .YOR AND OKEECHOBEE CONTRACTORS ASSOCIATION, INC. September 26, 1995 Mayor James E. Kirk Okeechobee City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, F1. 34974 Re: Interlocal Agreement on Planning & Buildir Dear Mayor Kirk, E-31 P.O. Box 1519 Okeechobee, FL 34973-1519 Telephone: (813) 763-2442 FAX: (813) 763-3042 Services The Board of Directors of the Okeechobee Contractors Association, Inc. would like to express our support of the County Department of Planning and Development to continue providing planning and construction permitting servii es for the citizens of Okeechobee. Permitting and licensing is already a complicated issue. We must streamline the process, improve the services and try to solve the existing problems. We feel the amended interlocal agreement may be the best avenue for reaching this objective. We will continue to monitor the situe resolved in the near future. If we can be o don't hesitate to contact us. Cordially, Tommy Clse, President Okeechobee Contractors Association :ioand hope it can be a y assistance, please cc: Okeechobee Board of County Commissioners OCA/cf • CITY OF OKEECH00EE MEMORANDU TO: Mayor and City Council DATE: %eptLamber 14, 1995 THRU: SUBJECT: ers nnel for City ss ming Planning & oni g Department FROM: John Drago, City Administrator At the last City Council Meeting, the Mayor asked for a I the more detail regarding personnel cost in the advent that the City had to take bad th Building and Zoning function. First, I would place the responsibility for that task in the G and retain the Program Coordinator's position and title wit covering planning, zoning, comp plan amendments, code erg the CORE program. The suggested salary of $29,000 is onl League of Cities salary survey for a similar position. With cost for that position would be: Salary $29,000 Fringe Benefits 7.500 Total $36,500 This would not cost the City any extra money because the pM We received a report from the County which indicates that County realizes approximately the following in permit fees 1993 - 93 $ 36,593.35 1993 - 94 39,335.09' 1994 - 95 37.630.11_ Total $113,559.55 Average $ 37,853.1 Services Department wised job description lent, purchasing, and )0 short of the Florida mind, the personnel is already budgeted. three year period, the IN activities: With that figure in mind, there are two ways to approach tt e is ue of accepting the Planning and Zoning functions. First, contract with the Couny fo inspection services. The permit holder would pay for the inspection services as ne ed. The City (if it adopted the same rate fees as the County) would realize the p rmit fee revenues to offset the Program Coordinator's position. .Second, if the City wanted to have its own building inspector, that salary, according to the Florida League, of Cities, would be $25,000 per year. That cost would be: Salary $25,000 Fringe Benefits 6.700 Total $31,700 The building inspector would be basically responsible for insp do s of new and existing building and structures, zoning laws, approval of plans and!: specifications, perform all code enforcement functions, coordinate the CORE and VAPI proC irams and meet other requirements of the Southern Standard and Building Code . Tie permit fees would offset his/her salary and the $4,160 budgeted for a part U a lode officer would be reallocated toward the building inspector's position. The key element is the ability of the City Council to accept a trearnlined process where staff is given more authority to approve things, and the rem Ind r would go directly to the City Council for approval. As the General Services De' art ent presently has an administrative secretary's position budgeted, there would b no additional expense to the City for clerical support. JJD:nb ° .0 % 'toittoI�' �'•ii�III City of Okeechobee 65 S.E. Third Avenue a Okeechobee, Florida 34974- August 22, 1995 MEMO e 8113/763-3372 City Council re: Consolidated building/planning department Gentlemen: Pursuant to the council's request, I have with Councilman Oliver, with representatives included Joe Crum; John Cassels; Bill Royce Commissioner Abney, to discuss the matte consolidated building/zoning/planning dep4rtm The meeting was lengthy, and consiste, discussion among those present as to the p and County under the present system, and All agreed that regardless as to wh consolidated system, or each maintaine, certain changes are necessary. I won't go into detail as to present that we amend our existing agreement. Hi certain conceptual areas as to the b; necessary to create the consolidated depar agreement in principle on these major area work out the many details that will ent consolidated department. met this date along of the County, who George Long; and of continuing a nt. of a frank, yet amiable obl ms between the City ihy it must be changed. ther we maintained a our own departments, problems which require iev r, we did agree in Sic framework we felt me t . If we can reach an , we can then proceed to it the creation of the Under the proposal, we discussed pr marily zoning, planning and land use issues, as building codes an a forcement are not an area of dispute. The basic elements prese to are: 1. The sole authority to interpret a', or future City comprehensive plan, L'DR'' pertaining to building, zoning and planni, by the County department, under the diro applicant unhappy with any interpretati should reach has the ability to appeal adjustment, and from there, to the Cii consists presently of two city residents t could be expanded to consist of three of id enforce the existing, r, or other City codes 1g, would be carried out cti n of Bill Royce. An on or decision that he to the County board of cuit Court. This board f t e seven, and perhaps the seven members. Memo Page 2 August 22, 1995 2. The County board of adjustments wog land planning agency (LPA) for the Cit; applications for comprehensive plan amendmi evaluated and heard by this board; from 1 then be placed before the City Council for our own City Council is also our LPA. Havin City and County plan and LDR proposals wot continuity and co-otdination between the C' This board would also accept a request froi ask that they consider amendments to our map, much like our current LDR committee 3. The City wou handle and review Cit County staff; act as these issues; conduc City meetings releva man (or woman) for issues in the Coun between the City and are dissimilar, and this person would be direction of Bill Ro the figure $35,000.0 ld provide funds to h: y applications or regt co-ordinator betweer t site plan review a it to such issues; an the City in regards ty Department. To as County comprehensive to further assure inde considered a County ei yce. The cost of thi 0 annually was used f 4. All concerned agreed that while �, differences in the City and County plans) amended to be the same in those areas whe� different just for the sake of being unless there is a compelling reason otherw such as set -backs should be the same for other examples to be addressed, and for written with the same requirements, whet City or County regulations, we should ch ld her ina I or ld ty/ t r. reg, s d re ast th n ge lui 1 ;ure pl pen plo iS tier or e i iff Lse oth the er Inge )e designated as the 1s you recall, all and LDR's are first e, the matter would 1 action. At present e board to hear both ;lso lend some County regulations. e City if we were to ;lations or land use Ding. a planner, who would ;in conjunction with City and County on -cessary; attend all nerally be the point ding/zoning/planning some co-ordination ans and codes, which fence in the process, fee working under the very tentative, but llustration. will continue to be ;odes, they should be makes no sense to be Arent. For instance, certain requirements codes. There are many se areas that can be we following existing them to match. f,. Memo Page 3 August 22, 1995 We also discussed for some time the isj destiny of the City as it relates to our plat This concept proposed, while granting the'� the autonomy to conduct the department witl not take away from the City's traditional comprehensive plan and LDR's as needed, i Therefore, the look and direction this Courj may desire for City planning and land altered; the interpretation and enforcemi would be largely out of our hands. Under t no question that the City would be dele{ authority and control to the consolidated! However, the general consensus was thj as an Okeechobee" department; not a Citl alternative would likely be that the Citl department, except inspections and constru This would require the hiring of the plan# equipment, and a furnishing a vehicle. estimate the cost of this, but it would wel City's contribution to the planner alone The final thought by all attending department within this rough framework i would discuss these elements prior to prod necessary to effect the revamping of agreement. The County indicated they woul% any time deadlines facing us in order d either the new consolidated department,'. department. Kindest Regards, John R. Cook City Attorney JRC/rb cc: John Drago; City Council sue nni !onE ioui ,nd cil use !nt hes lati dep of "control" of the ig and zoning goals. olidated department interference, does le of amending its as we always have. or,future Council's is not materially of the regulations proposals there is ng a great deal of artment. t this should be viewed or County entity. The take back the entire :ti n code enforcement. er, plus support staff, 'he administrator could 1 e ceed the cost of the �sproposed above. was that a consolidated !ould work, and that we ceding to the detail work :he present inter -local 3 w rk with us to extend o discuss and implement or our own independent CITY OF OKEECHOBEE MEMOR.ANDU TO: Council Members DATE: SUBJECT:' FROM: James E. Kirk, Mayor I would like to offer the following compromise to Building 1. The City will retain control of its LDR and Co, including the Future Land Use Map. 2. 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CIDA+ .N�j co .N' 10 W `� Q' ►y `CCL "� CL y co �^+ CL fl)CO a ►D ►D o- ary The previous table lists various responsibilities associated w th permitting, code enforcement and planning and zoning functions. The responsibilities wa ild be assigned to either the City or the County, depending on the option chosen by City Council. Several issues require clarification if the County retains involvement in code enfoi cement or permitting issues, and additional issues require clarification or discussion if the co my retains planning and zoning functions. If the County retains permitting, planning and code enforcement functions, a planner position would be created that would perform planning, zoning and comprehensive plan functions for activity in the City. The position would report to the County Planning Director, and would be a liaison between the County gi id City staff and City Council. Funding for the has not yet been determined, but it is possible that the salary and benefits would be funded by the City, with overhead costs (office $ ace and equipment) funded by the County. Note that although there are a number of duties and: responsibilities associated with planning and zoning activities, some require daily attention; som require weekly or monthly attention, and some activities require attention maybe just a few times a year. However, someone must be available regularly to review permit ap licat ons for zoning consistency, to review site plans, and to field questions from the public ou planning and zoning issues. If the County maintains planning and code enforcement nctins, several major issues to be determined include: 1. Land Development Regulations -- whether there be a single, combined volume or separate regulations for the' City' nd�vould e County 2. Code Enforcement -- whether there would�be eparate or joint staff and whether there would be a separate or joint od Enforcement Board. 3. Land Development Regulation Amendments -� whether City or County personnel would prepare amendments. 4. Local Planning Agency (Planning Board/Boat d of Adjustments and Appeals) If the City performs planning and zoning fun tion , the City likely would need to create a Planning Board/Board of Adjus4rients and Appeals, which could also function as the Local Planning Agency: Otherwise, these boards could be joint city/county. In the County, the LPA, PI nning Board and Board of Adjustments and Appeals are comprised of e s me people. 5. Comprehensive Plan -- whether City or County personnel would prepare amendments. If the county assumes responsibility for the City Comprehensive Plan, it is recommended that the future land use niap should be reviewed and amended to better reflect existing conditions and to better provide for future development. 5 a 6. Delegation of authority for interpreting and Onfo cing City land development regulations and comprehensive plan. If the City assumes responsibility for planning and zoning functions, including review of permit applications for consistency with City land development regulations, the County would not charge for the zoning review portion of permit application fees. For FY 1995-96, it is projected that it will cost the county about $11.60 to revyiew ach City permit application for consistency with zoning, or about $7,420 for the y r. Total permitting revenues attributable to activity in the city for FY 1995-96 are projec ed t be about $51,600, with the balance funding construction plans examination, inspections, and permit processing. The total cost to the county for permitting activity in the City is pr jected to be about $75,000 with the current permit fee schedule. Revenues of about $7,900 are projected from other city -re, ated planning and zoning functions, such as fees for site plan review, rezonings spe -,ial exceptions, and other miscellaneous charges. This does not include any fees hat may be charged for comprehensive plan amendments. Total revenues for pla4 ing related activities in the city are thus projected to be about $15,320. C MEMORANDUM TO: Mayor and City Council DATE: SUBJECT: ! THRU: John Drago C.A. THRU: FROM: Chief Tome oo� I would like to clarify one item which the council need to everything over to the county. All building plans will still hive Florida Statutes state that the fire official must approve buildi lig This also includes all repair or remodeling of certain types of 11.1995 Department u derstand if you were to turn t come over to the City; the pl us for fire code compliance. bu ldings within the city. After the last council meetibg, with all that was said pertaining to the Planning and Building Department, there seems to be some confusion about who had to be certified and who did not have to be certified. I would like to attempt, at this time, to explain to you the way I perceive it should be done. The word " Plan Examiner", is being misunderstood A Plans Examiner that would examine Regarding code enforcement pertaining to trash, over, violations of LDR's, violations of zoning, etc., the enforceme� be certified by the State of Florida. A code official or building official, who inspects buildim electrical, plumbing, framing, roofing, etc. will need to be 1 enforces. If the City Council wants to maintain the interpreta include zoning and site plan along with the building design. memorandum from the Mayor and the second choice Councilman Oliver to come up with working solution. as it is being presented. A Plans Examiner for building vegetation, junk vehicles, r for this does not have to codes that includes the city LDR's, it should ity Council should use the ie document supplied by i If the City Council does not want to maintain the interpretation portion of the city LDR's as stated in the above paragraph, then you should use the first choi"e on the document supplied by councilman Oliver. The site plans, LDR's, and zoning should be government entity for better service to the citizens. If you decide to keep the planning department in another step in the process for a city resident to obtain a pei the step from Bill Royce's office to the city's staff. In closing I would like to say I hope this memorand who does have to be certified and who doesn't have to be c the City Council makes and see that it goes as smoothly as by one person or one you would not be adding would only be transferring s clear up the confusion of I will support any decision • RESOLUTION 95-8 E-4 RESOLUTION TO LEASE EQUIPMENT Name of City: City of Okeechobee Address: 55_S.E. Third Avenue, Okeechobee, FL 34974 Chartered Under the law of the State of Florida I, the undersigned, hereby certify that I am the Clerk 0 (hereinafter called "this City"); that the :following is a true' adopted by the City Council of this City at a meeting dul October, 1995, at which a quorum was present and actinV resolutions have not been rescinded or modilled and are RESOLVED, that this City enter into an Equipment Lease Association (hereinafter called "lessor") and that this City lea pursuant to the terms of such Equipment Lease; and that Ja is authorized and directed in the name and on behalf c Equipment Lease with Lessor in substantially the forms pre: such changes therein and additions thereto as shall be ap executes the same, with such execution to be conclusive document so executed has been authorized and approved I FURTHER RESOLVED, that the Equipment Lease be desig Obligations" within the meaning of S 265 (b) of the Internal above named City of resolutions duly on the 17th day of hout, and that such II force and effect: Sun Bank National uipment from Lessor :. Kirk be and hereby City to execute an to this meeting with d by the officer who nice that each such ; vote. alified Tax -Exempt Code of 1986. FURTHER RESOLVED, that the Mayor of this City be an4 each of them hereby is authorized to execute and deliver such other instruments and take such other actions as he shall deem necessary and desirable for the purpose of darrying out the foregoing votes. FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have be n received by Lessor and that receipt of such notice shall riot affect any action tak n by Lessor prior thereto; and FURTHER RESOLVED, that the Clerk of this City be and (s)hb hereby is authorized and directed to certify to said Lessor the foregoing resolutions andl that the provisions thereof are in conformity with the charter of this City. I further certify that there is no provision in the charter of this City limiting the power of the City Council to pass the foregoing resolutions and that the same are in conformity with the provisions of said charter. I further certify that the following are the names and official si' nat res of those persons authorized to act by the foregoing resolutions. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of this City, this 17th day of October, 1995. James E. Kirkj ATTEST: Bonnie S. Thomas, CIVIC, City Clerk • CITY OF OKEECH MEM0RANDU'A TO: Mayor and Council DATE: 04 THRU: SUBJECT:j P1 THRU: FROM: John J. Drago City Administrator Be low to waret he fiat th at the City obtained for the acquisiti cars. n ar CARS Jim Blackman Ford, Inc. Okeechobee Motor, Inc. Southlake Ford FINANCING SunBank Okeechobee Motors Barnett Bank Southlake Ford JJD: nb BEE 13, 1995 Cars d financing of its police $18 191.5%ar 1 ,309.0%ar 031.00/car 7, 901.69/car/year 152.59/car/year • ,93BETTER ROADS OF LAKE PLACID INC. P.O. BOX Iwo LAKE PLACID, FLORIDA 33032 (013)465-51e1 BILL To: City of Okeechobee 55 S.E. 3rd Avenue Okeechobee,, Florida 34974-2932 MM"Aee 0"M skol.a j" NUeMI Original Contract Amount Net Change Orders Current Contract Amount Value of Work from Previous Application, Value of Work Completed This Period Total Earned To Date Less 10% Retainage Less Previous Payments Current Amount Due E-Qj County lie. #30E•41 lworcx No. 8091 CUSTOMER No. 377 1995 Road Improvements 205,795.64 -0- 205,795.64 ,1,.2.119.20 .63,707.80 75,827.08 7,582.71 10,907.28 57,337.09 r� October 9, 1995 City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Attn: Mr. Chuck Elders Dir ector of Public Works Re: CITY OF OKEECHOBEE DRAW REQUEST NO. 2, FI LAKE PLACID, INC. 1995 ROAD IMPROVEMENTS L.N. & W. Project No. 94-279 Dear Mr. Elders: This letter is to certify that LAWSON, NOBLE & WEBB, I INC. the attached invoice Application No. 2 dated September 30, from Better Roads of Lake Placid, Inc. for accuracy, and hai adjustment. The total amount due is $57,337.09. L W Lawson, Noble & Webb, Inc. ENGINEERS - PLANNERS* SURVEYORS M BETTER ROADS OF (L.N. & W.) has reviewed 1995, Invoice No. 8091 ►e approved such with no If further explanation is needed or if I can be of furthert assistance, please call. Project la nager CJK:jhj cc: Dennis Horton - Lawson, Noble & Webb, Inc. Enclosures: Invoices JHJ%RDWY194-279%ELDERS 1.009 LAWSON, NOBLE & WEBB, INC. 420 Columbia Drive 0 West Palm Beach, L 33409 • LAWSON, NOBLE &AssOClAres 590 NW Peacock Boulevard, Suite 9 • Port St. t�Ucle, L 34986 • (40) 8 8-117700 - Fax (407) 87788--1812 1802 CITY of OKEEC � M E M O AND4�,M Mayor and Council DATE: FROM: John Drago, City 2. 3. 4. Enclosed are the October 9, 1995 minutes from the Committee meeting. Attached is a spread p sheet I rece ived eiv ed fr om mt of D he Finan ; e I Deposits. As you can see, SunBank had the best at divided into $500,000 increments and invested In 6-rr or Years. This will provide the City with a safe investme t n time to ascertain future trends In interest rates. The bids for the personal computers were mai led ed o who thi Presently use their current computers are willin to value for those computers. Because the City doesn't he adequately store and protect the old computers, it is to recoup the computer's maximum worth now. 'Enclosed is information that the City received ved from wideningProject I'0 p ject in the Ci y to Eagle Bay Drive. My offl e Engineering and Noise Study Reports for this project, l • BEE 0 October 11, 1995 STATUS REPORT Citizen's Advisory Dartment for Certificate The $3 million will be intervals for the next 3 lium, and give the City ►eek. City employees y the City fair market the storage space to � City's advantage to regarding the SR 70 1 have the preliminary o A a O o ci o Q� U U U O O O O U �• W w a� z z° z �Ww � a W y 0 z o 0� 2 kn �o M cr yi 044 O M M iG 1r+ 1r' r p ell z 00 cl p � W p to to r1 �p Yf; i � � Q .-a � E-• W f� rn WWO G� 0 FLORID IA*'Mm cMR.EB GO John J. Drago Okeechobee City Manager 55 SE 3rd Avenue Okeechobee, Florida 34974 DEPARTMENT OF District Post Office Bartow, f to (941) 911.2, October 4 1 RE: State Road 70 from Eagle Bay Drive to NW 7t A State Project Number 91070-1506 Work Program Item Number 1117175 Federal Aid Project Number XA- - 150 3 24 Okeechobee County Dear Mr. Drago: In an effort to keep you informed of ongoing projects, our office the Final Preliminary Engineering Report which include a reduced s plans, one copy of the noise study report and one copy of the d( Highway Administration for the above referenced project. The granted location and design concept acceptance on June 28, 19! January 19, 1995. If you have any questions concerning this information, please Sincerely, C.O. Morgai District Envi: Management COM/LEE/ee enclosures of • TRANSPORTATION REM G. WArrS SECRETARY 1249 33831-1249 rue riding you with one copy of e recommended conceptual its approved by the Federal al Highway Administration public hearing was held on at (941) 519-23 68. ercrc1.1:1) Pnrr:R FORM 508-01 Page 1 of 5 Florida Department of Transportation ENVIRONMENTAL DETERMINATION 1. GENERAL INFORMATION County: Okeechobee Project Name: State Road 70 Project Limits: • From Ea le Bay Drive to NW 7th Avenue Project Numbers: _91070-1506 XA-150-3 24 State Federal 1117175 WpA 2. PROJECT DESCRIPTION a. Existing: See Attached 2.a b. Proposed Improvements: See Attached 2.b 3. CLASS OF ACTION a. Class of Action: b. Other Actions: [ ] Environmental Assessment Section 4 [) n Evaluation n! [ ] Environmental Impact Statement [ ] Section 106 Consultatid [X] Type 2 Categorical Exclusion [ ] Endangered Species Assessme nt c. Public Involvement: 1. [X] A public hearing was held on January 19 1995 and determination. Approval ofthis Type C Categorical Exclusion concept acceptance for this project. 2. [ ] A public hearing will be held and the public hearing transcri Approval of this Type 2 Categorical Exclusion DOES NO acceptance for this project. term' will I con onmental ation included ns itutes local on and design a provided at a later date. itute location and design concept d. Cooperating Agency: [ j COE [ ] USCG [ ] FWS [ ] EPA [ ] NMFSIIII D(I ONE 4. REVIEWER'S SIGNATURE FDOT Project Engineer •.� iia„apvnauon r-ngtneer S. FH\VA CONCURRENCE (for) Division Administrator Date Z Date Date 6/Zgi7 Date 1dt-37\048b-g.dot In FORM 508-01 Page 2 of 5 6. IMPACT EVALUATION Topical Categories S M N N r i G o I 8 n n I n e n v A. SOCIAL IMPACTS 1. Land Use Changes 2. (] (] SeeAt[ (] Community Cohesion 3. Relocation Potential l [ ] [ l [X] [ ] See At Churches and Schools [ ] [J{] [ ] [ ] p{] [ ] Sec AV4. ( ] See An 5. Title VI Considerations 6. [ ] (] [Xl ( j Soo A Controversy Potential 7. Energy [ ] [7Q (] () See Att 8. Utilities and Railroads [) [ ] ( ] PQ -Pq [ ] [) See Att [) See Att B. CULTURAL IMPACTS 1. Section 4(1) Lands [ ] [ l [ ] [Xj 2. Historic Sites/District 3. Archaeological Sites (] [ ] (] [X] () See At 4. Recreation Areas [ ] PC][ ] See Alta C. NATURAL ENVIRONMENT 1. Wetlands 2• Aquatic Preserves (] () [X] ( ) [) [ ) [ ] Atta 3. Water Quality 4. Outstanding Fla. Water (] [ ] [X] [ ] [ ] IXI [ I See Attar 5. Wild and Scenic River (] ( ] [ ] ( ] [}C) [X] 6. Floodplains 7. Coastal Zone Consistency [ ] [ ] PC] ( ] [ ] [ ) [ ] See ttac 8. Coastal Barrier Islands [Xl 9• Wildlife and Habitat 10. Farmlands [ ] [) [Xj [) See Attac [) [ ] [Xj [ ] See Attacd D. PHYSICAL IMPACTS 1. Noise 2. Air [ ] [X] [) [ ] See Attacl 3. Construction [ ] () I ] [[XI [X] I [ J See Attacl [) See ttacl 4. Contamination 5. Navigation [ ] [3C] I [ ] See Attac , [ ] [ ) ( ) [X7 a• [] FHWA has determined that a Coast Guard permit IS NOT Subpart H. b. [ ] FHWA has determined that a Coast Guard Permit IS re Subpart H. E. PERMITS REQUIRED South Florida Water Management District Florida Department of Environmental Protection U.S. Army Corps of Engineer Environmental Protection Agency A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 3-2 (SHPO) letter dated 11/17/94 3-3 (SHPO) letter dated 11/17/94 '-1 '-3 and WOtE -6 — •9 and letter dated 10/25/94 •10 11 in accordance with 23 CFR 65 - accordance with 23 CFR 650, \dt-37\048b-g.dot W FORM 509-01 Page 3 of 5 7. WETLANDS FINDINGS (applies to Type 2 Categorical Exclusions Only) See Wetlands Section, Natural Environment Section C.1. 8. COMMITMENTS AND RECOMMENDATIONS (Applies to Type 2 Categorical E a. Commitments The following commitments have been included in the SR 70 impacts and to mitigate those im acts that a rmprovemnt prr P re unavoidable. The highway will have continuous sidewalks along both sides of the road Ifrom The sidewalks will be located 0.6 meters (2 feet) inside the right-of-way Were p the curb in the County and adjacent to the curb in the City. Sidewalks and drainage facilities will be designed to avoid utilities, as mIuch as A 1.2 meter (4 ft) bike lane located between the outside travel lane and the urb v within the County and City. Approximately 0.02 ha (0.05 acres) of wetlands will be impacted by the p; in wedand function and values, impacts will be mitigated as required by 1 The 3 contamination sites impacting the project will be further evalul Investigation work may include visual inspection and possibly subsurface necessary cleanup plans will be developed for any contaminated sites. S j contamination during construction will be included in the construction plat b. Recommendations In accordance with the City of Okeechobee and Okeechobee County Comt Of Transportation recommends upgrading SR 70 from Eagle Bay Drive to roadway to a four lane urban roadway with a two-way continuous left hand to the existing SR 70 alignment. For evaluation, the roadway was' divided into two segments: the County Sej Avenue and the City Segment from SW 12th Avenue to NW 7th Avenue. Only) in order to avoid or minimize Bay Drive to NW 7th Avenue. d, and 1.5 meters (5 ft) behind be used to accommodate bicycles improvement. To offset the losses ig agencies. the preconstruction phases. s. Before construction, any )ns for handling unexpected e Plans, the Florida Department i Avenue from a two lane rural The alignment generally follows Eagle Bay Drive to SW 12th The Preferred Alternative for the County Segment consists of four through lanes, two 3.6 meter (12 ft) lanes in each direction, a 3.6 meter (12 ft) continuous center turn lane, 1.2 meter (4 ft) bike lanes adjacent to the outside travel lanes and 1.5 meter (5 ft) sidewalks within a 4.2 meter (14 ft) border area. The41ht-of-way width fthis s typical section is 29.3 meters (96 ft). The existing right-of-way in the County is 20.1 mete 66 Of right-of-way will be acquired from the north side of the roadway. ( )' Therefore, 9.2 meters (30 ft) The Preferred Alternative for the City Segment is identical to the County Se' mell that the sidewalk is 1.8 meters (6 ft) within a 3.0 meter (loft) border area, 'he, meters (88 ft). The existing right -of --way in the City is 21.3 meters (70 ft) Th acquired from the south side of the roadway. An enclosed drainage system with curb and gutter will be used for the project in 1 stormwater runoff will be collected and treated along with the roadway storm": ter preliminary engineering, right-of-way acquisition, construction (including CEI) And to be $4.37 million. %dt-3 A048b-g.dot section with the exception ray for this section is 26.8 5.5 meters (18 ft) will be the County and City. Off -site ie total project costs, including amination cleanup is estimated 0 s, PROJECT LOC MAP '� W.P.I. No. 1117175 State Project No. 91070-1506 Federal Aid Project No. XA-150-3(24) Okeechobee County RR WWTA N PARK r- Q w n SCHOOLS AtTION m STATE ROAD i7 EAGLE BAY DRIVE TO N.W. I'7t AVENUE Figure 1-1 FORM 508-01 Page 5 of 5 2.0 PROJECT DESCRIPTION a. Existing SR 70, within the Study area, is functionally classified as a Rural 1 Primary System. The existing traffic (1993) within the project limits (AADT) to 14,700 AADT. The existing typical section varies along the alignment. From approxi approximately 180 meters (590 feet) east of Eagle Bay Drive, the typical travel lanes bordered by curb and gutter. The travel lanes are divided t Eagle Bay Drive and a 3.6 meter (12 foot) left -turn lane east of Eagle Bay section east of Eagle Bay Drive, the typical section consists primarily of tw with poorly defined grass shoulders and swales or roadside ditch drainage left turn lanes at the west and north approaches. At N.W. 7th Avenue, the, (11 foot) travel lanes with a painted median and left -turn lanes. The poi The posted speed limit east of US 98 is 35 mph. Pedestrian and bicycle facilities along SR 70 (North Park Street) are not pre 7th Avenue. A sidewalk exists on the north side of SR 70 between N.W. 120 meters (394 feet) in length) which serves local businesses. The existing right-of-way width from west of Eagle Bay Drive to S.W. 12th S.W. 12th Avenue to N.W. 7th Avenue, the existing right -of --way is 21.3 of roadway construction. The intersecting roadways along the SR 70 Study corridor have meters (40 feet f to 100 feet f). .rial Roadway on the Federal Aid 7,500 average annual daily traffic 170 meters (560 feet) west of and consists of two 3.6 meter (12-foot) gable width painted median west of From the end of the curb and gutter eter (12 foot) undivided travel lanes ntersection of SR 70 and US 98 has section transitions to four 3.3 meter ed limit west of US 98 is 45 mph. :tween Eagle Bay Drive and N.W. N.W. 10 Avenues (approximately is 20.1 meters (66.0 feet). From 3 feet) centered on the centerline which vary from 12 meters to 30 Except at the intersection of SR 70 and Eagle Bay Drive, and at N.W. WhI Avenue, existing drainage along SR 70, as well as along the intersecting roadways, consists primarily of an open sy em of swales and roadside ditches. The intersection of SR 70 and Eagle Bay Drive consists of a curb and gutters stem. Based on interviews with Public Officials, there are no recently recorded incidences of flooding within the troiect corridor_ b. Proposed Improvements For evaluation, the roadway was divided into two segments: g cots: the County Se ' ent f Avenue and the City Segment from SW 12th Avenue to NW 7th Avenue. m Eagle Bay Drive to SW 12th ill The Preferred Alternative for the County Segment would have four through es, 3.6 meter (12 ft) lanes in each direction, a 3.6 meter (12 ft) continuous center turn Iane, 1.2 meter (4 ft) bike es a jace'nt to the outside travel lanes and 1.5 meter (5 ft) sidewalks within a 4.2 meter (14 f) border area. The riht-of- ay width for this typical section would be 29.3 meters (96 ft). The existing right-of-way in the County is 20. mete (66 ft). Therefore, 9.2 meters (30 ft) of right-of-way would be acquired from the north side of the roadwa . The Preferred Alternative for the City Segment is identical to the County Segment t pical section with the exception that the sidewalk is 1.8 meters (6 ft) within a 3.0 meter (10 ft) border area. The rigit-of-way for this section would be 26.9 meters (88 ft). The existing right-of-way in the City is 21.3 meters 0 ft) Therefore, 5.5 meters (IS ft) would be acquired from the south side of the roadway. The design speed for both the County and City Segments is 65 kph (40 mph). 'the de ign year traffic will range from 10,300 AADT to 20,600 AADT. With the proposed improvements, the roadway egments and intersections will operate at a Level of Service C or better. It is anticipated that the proposed roadway improvements will reduce tra IIII fic c ngestion, enhance safety and accommodate the projected traffic through the forecasted year of 2020. The P s City of Okeechobee and Okeechobee County Comprehensive Plans. Cons"on is not the FivegYear Plan the 1dt-371048b-g.dot A-1 Land Use Changes Land use along SR 70 is primarily commercial with some County, the south side of the roadway is primarily commerc is primarily vacant with some commercial and a mobile ho use on both sides of the roadway is primarily commercial vacant. Future land uses for the project corridor designated by the C County Comprehensive Plans are consistent withthe curre County Comprehensive Plan Generalized Conceptual Future ] future land use along the SR 70 corridor within the unincorl Commercial Corridor Mixed Use. This is an area of existing land uses are dominant. This designation allows resident dwelling units per gross acre and commercial, profess development. The primary purpose of this land use classific land and public facilities and services through the d redevelopment, infill and aggregation of small parcels into 1 of Okeechobee Comprehensive Plan designates the future la commercial. Permitted uses include office, retail, automotiv activities. Existing residential development is consistent wit; Mixed Use. Existing residential is consistent with the City be allowed to be expanded or re-established if discontinued. with the Transportation Circulations and Future Land Use E and City of Okeechobee Comprehensive Plans. Since the likelihood of the project inducing secondary devi land use of the study area is extremely low, the project is on land use or land use policies. A-2. Community Cohesion Since the project proposes improvements to an existing road ay neighbors along the project limits, no splitting or isolation nei project is not anticipated to harm elderly persons, handiped minorities. There is no public transit within the community It improvements will not impact community cohesiveness, and in fact area may be improved with the added safety features such as lthe : and the 1.5 meter (5 ft) sidewalks on both sides of the roadway. WOIA048b-g.dot A-1 ntial and vacant. Within the the north side of the roadway k. Within the City, the land ome .scattered residential and Okeechobee and Okeechobee ,elopment. The Okeechobee Jse: 2001 Map designates the i portion of the County to be )pment, in which commercial velopment not to exceed 11 office and light industrial is to promote efficient use of )ment of compatible uses, development sites. The City along the SR 70 corridor as lesale and related commercial �ounty Commercial Corridor ercial Land Use, but will not )roposed project is consistent is of the Okeechobee County or substantially changing the ed to have a minimal impact Mich acts as a boundary for ;hborhoods will occur. The individuals, non -drivers or s anticipated that the project he quality of life in the study .2 meter (4 ft) bicycle lanes A-3. Relocation Potential A conceptual Stage Relocation plan was developed in compliance with Florida Statutes Chapter 339.09, the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and the PD&E Manual developed by the Florida Department of Transportation (FDOT). No residential relocations are anticipated, however, there will be three business relocations (three business owners). In addition there will. be 4 outdoor advertising signs, and one personal property only move. The estimated relocation cost for this project is $317,150. Replacement sites are available to accommodate the successful and timely relocation of the businesses within the general project area. These sites consist of vacant land located on both the north and south sides of the roadway for new construction or existing structures within the general area for purchase or lease. Relocation resources are available to all relocatees without discrimination. In order to minimize the unavoidable effects of the ROW acquisition and displacement of people, the FDOT will carry out a Right -of -Way Acquisition and Relocation Assistance Program in accordance with Florida Statutes, Chapter 339.09 (5), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) and the established guidelines by which these programs are administered. The brochures which describe in detail the Department's relocation assistance program and right-of-way acquisition program are "Your Relocation" and "The Real Estate Acquisition Process". Both of these brochures were distributed at the Public Hearing and are made available to any interested persons. A-4. Churches and Schools There are no educational facilities located along SR 70. The Study area is served primarily by Central Elementary School with the portion south of SR 70 and west of Eagle Bay Drive served by South Elementary School. Both of these schools are located south of the Study Area. The Christian 7th Day Baptist Church is located on the north side of SR 70 between NW 9th Avenue and NW 10 Avenue. There are no other known religious institutions within 92 meters (300 ft) of the existing Right -of -Way. The proposed sidewalks and bicycle lanes are expected to improve access to the churches and schools for the non -driving public. The proposed project is not expected to negatively impact the two elementary schools serving the area or the church located on SR 70. A-5. Title VI Considerations Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race, color, religion, sex, national origin, marital status, handicap, or family composition, be excluded from participating in, be denied the benefits of, or be otherwise subject to discrimination under any program of the Federal, State or local government. Title VIII of the Civil Rights Act of \dt-37\048b-g.dot A-2 �11 1964 guarantees each person equal opportunity in housing. 77'his roject has been developed in accordance with the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1968. There were no comments received regarding Title VI or Title VIII considerations during the Public Hearing held on January 19, 1995 at the Okeechobee High School or during the Public Hearing open comment period. The comment period was op n u til January 29, 1995. Public comments were also received throughout the project and a er a Public Workshop held on November 17, 1994 at the Okeechobee High School. A-6. Controversy Potential A Public Involvement Program was prepared for the project. This plan is in compliance with the Project Development and Environmental Guidelines; FlDrida Statute 339.155; Executive Orders 11990 and 11988; CEQ Regulations for Implementing theProcedural Provisions for the National Environmental Policy Act and DOT Order 5610.1C, The Advance Notification Package was mailed to the Florida State Clearinghouse and local and Federal agencies on June 25, 1993. Responses were receivedfro the following agencies: . • State of Florida Department of Commerce, Division of &onomic Development • Office of the Governor • Florida Department of State, Division of Historical Resources (SHPO) • South Florida Water Management District A project kick-off newsletter was mailed to Okeechobee County ard City of Okeechobee public officials and property owners in January, 1994. Separate in odu tory meetings were held on August 1, 1994 with representatives from the County and with the City. On August 15, 1994, a meeting was held at the Okeechobee Cit Hall to present the project alternatives to the business owners along the alignment. On! October 13, 1994, a presentation was given to the Okeechobee County Board of County Commissioners. On October 18, 1994, a presentation was given to the City of Okeechobee City C uncil. On November 9, 1994, a meeting was held with the Okeechobee Economic Development ouncil. A Public Workshop was held on November 17, 1994 at the Okeechobee High Sch of Cafeteria, 2800 N.W. US 441 North in Okeechobee. On January 19, 1995, a Public Hearings was also held at the High School. At the formal Public Hearing held on January 19, 1995 to in orm the public of the project and obtain comments from interested citizens, comments were red ived from six individuals. Three written comments were received after the Public Hearing. ree of the comments received at the Public Hearing expressed a preference for'an alternative 1 ign ent utilizing one way pairs through the City Segment. One of these comments was from) Ci Councilman reiterating the City of Okeechobee's expressed preference. One individual requesed that a light be considered at Eagle Bay Drive. One individual, in addition to expressingIa prc ference for the one way pair alternative, requested that the project be extended to the west art of Eagle Bay Drive. (Traffic studies do not justify a need to extend the project past Eagle By D eve). A representative from the Florida Dairy Farmers Association expressed support for the Pre erred Alternative. A County Wt-37X048b-g.dot A-3 Commissioner expressed the County's support for roadway improvements but that the County had not formally taken a position on an alignment. Subsequent to the Public Hearing, a written comment was received by an individual who spoke at the Public Hearing. He again expressed his preference for the one way pair alternative. A comment was received from a property owner on South Park Street who was in favor of the Preferred Alternative. A letter was also received from the Okeechobee County Administrator expressing the County's preference for the one-way pair. All comments have been addressed. The Preferred Alternative was selected over the one way pair for the following reasons: Traffic operations are more favorable for the five lane alternative because it is more consistent with the existing traffic patterns. The one way pair creates circuitous traffic movement at the intersections of SW .8th Avenue, SW 9th Avenue and South Park Street. The one way pair does not provide for an obvious extension through town. If extended through to US 441, the legs of the pair would be very close to each other (approximately 40 meters (132 ft)). The left turn lanes at the south approach of US 441 to SR 70 would intersect the eastbound lanes of South Park Street, causing traffic operation conflicts at the intersection. The land -use between SW 9th Avenue and US 441 is commercial and park land with angled street parking. An extension of the one way pair would eliminate on -street parking, and change the character of the commercial area. Extension of the one way pair east of US 441 would result in extensive property acquisition since South Park Street does not continue easterly through town. • The five (5) lane alternative costs almost one million dollars ($1,000,000) less than the one way pair alternative. A-7. Energy In accordance with the Federal policy on energy conservation, as represented in the FHWA Notice N 5520.4 "Statement of FHWA Policy on Energy Conservation," March 21, 1980, energy conservation was considered for this project. The proposed improvements will improve traffic flow and reduce congestion which will reduce fuel consumption and will have a positive impact on energy conservation. %dt-37T048b-g.dot A-4 • • A-8. Utilities and Railroads Florida Power & Light, Cablevision Industries, City of Sprint/United Telephone, have facilities in various locations be impacted by the project. Florida Power and Light has electric to be relocated. Cablevision has 1214 meters (3983 cable crossings to be relocated. The City of Okeechobee h side of the roadway. Sprint/United Telephone has buried cat to be relocated. Potential relocation costs are estimated at app project delays, coordination with the utility companies will coi stages and construction. Between NW 7th Avenue and NW 8th Avenue, the CSX Ra which runs north and south. The railroad is non-functional has removed the signal and cross arms at the railroad grade 1dt-37\048b-g.dot A-5 0 an chobee Public Utilities and shout the corridor which will peters (2000 ft) of overhead aerial cable plus seven aerial inch water main on the north the south side of the roadway ately $261,000. To minimize through project development s an existing railroad grade in use. The CSX Railroad ATTACHMENT B - CULTURAL IMPACTS In accordance with the National Preservation Act of 1966, as amended, and Chapters 253 and 267, Florida Statutes, a Cultural Resource Assessment, including background research and a field survey coordinated with the State Historic Preservation Officer (SHPO), was performed for the project. As a result of the assessment, three structures (8OB51, 80B52 and 8OB53) were identified. The Federal Highway Administration, after application of the National Register Criteria of Significance, found that the sites were not eligible for listing on the National Register of Historic Places. The SHPO rendered the same opinion. Based on the fact that no additional archaeological or historical sites or properties are expected to be encountered during subsequent project development, the Federal Highway Administration, after consultation with the SHPO, has determined that no National Register properties would be impacted. The SHPO coordination letter dated November 17, 1994 is appended. B-3. Archaeological Sites In accordance with the National Preservation Act of 1966, as amended, and Chapters 253 and 267, Florida Statutes, a Cultural Resource Assessment, including background research and a field survey coordinated with the State Historic Preservation Officer (SHPO), was performed for the project to assess the potential impacts to any archaeological sites in the study area. As a result of the assessment, no historically significant archaeological sites were identified nor are any expected to be encountered during subsequent project development. The Federal Highway Administration, after consultation with the SHPO, has determined that no resources listed or eligible for listing on the National Register of Historic Places would be impacted. The SHPO coordination letter dated November 17, 1994 is appended. %dt-37%048b-g.dot B-1 I • ATTACI ViENT C - NATURAL C-1. Wetlands In compliance with Executive Order 11990, "Protection Administration Technical Advisory 6640.8A, and 23 CFR Part of wetlands having the potential to be impacted by the props with state and federal agencies has been maintained throughoj Coordination will continue through the design and permiti assessment identified six (6) wetlands within the study area. by the proposed improvements. The proposed improvements (0.05ac) of wetlands. The first wetland (Wetland 3) to be ii is located toward the west end of the Study Corridor on they classified as palustrine/emergent/persistent/seasonally floode (Wetland 4) is the ditch crossing SR 70 that runs along the wk middle of the Study Corridor. Further outside the Study C4 riverine/lower perennial/aquatic bed/floating vascular/permand ofWetlands", Federal Highway 777 an assessment was conducted I sed mprovements. Coordination t the PD&E phase -of this -project. ' g hases of this project. The f tf ese, two (2) will be impacted ill mpact approximately 0.02 ha pac ed along the project corridor no side of SR 70. It has been (P C). The second wetland t s de of SW 12th Avenue in the rrid r, Wetland 4 is classified as tly coded/excavated (R2ABAH). A Wetland Evaluation Technique 2.0 (WET 2.0) was conducted. In general, the WET 2.0 evaluation supports the levels of function and value expected Or all six of the wetland community types. All six of the wetlands are rated moderate in all cate orie (except recreation (low)) for social significance. Wetland 4 has a lower effectiveness 'ng an the other wetlands. All wetlands have the same opportunity rating (moderate to highl . The Wetlands Evaluation Report (May 1994) prepared information about each wetland, backup information for th, mitigation measures. It is anticipated that for unavoidable 1 be required by the South Florida Water Management Dis Mitigation Plan considers locating the mitigation area within 1 where possible. One option is the development of the plan in conjunction with the stormwater detention site location(s). prepared during the design phase of the project and coordin agencies during the permit process. There is no practicable alternative to the proposed construc incorporate all possible and practicable measures to avoid o design. In accordance with FDOT's Standard Specifications all Best Management Practices will be adhered to during the ( erosion control and water quality considerations. No significa as a result of this project. C-3. Water Quality The proposed Stormwater facility design - will include, atl a requirements for water quality impacts as required by the o \dt-37\048b-g.dot C-1 ie project provides detailed T 2.0 analysis, and potential to Wetland 3, mitigation will SFWMD). The Conceptual ne drainage basin and on -site, k the same drainage basin and -tailed mitigation plan will be vith environmental regulatory wetlands. The FDOT will nize wetland impacts during ad and Bridge Construction, ction phase of the project for -term impacts are anticipated nimum, the water quantity Florida Water Management District in Rule 40E-40. Therefore, no further mitigation for water quality impacts will be needed. Please see attached Water Quality Impact Evaluation (WQIE) Checklist for additional information. C-6. Floodplains In accordance with Executive Order 11988 "Floodplain Management" and Chapter 23, Code of Federal Regulations Part 771, "Environmental Impact and Related Procedures", impacts to the floodplains from the proposed project construction have been identified, analyzed, and evaluated. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (Community Panel Number 120177 0200 B) the project will encroach on one base floodplain area identified by FEMA as Zone A. Zone A is an area of the 100-year floodplain where base flood elevations and flood factors have not been. determined by FEMA. The proposed alignment will begin within the Zone A floodplain and..traverse to the east across a small portion of this area. No longitudinal crossings of the floodplain are proposed. There are no regulated floodways within the project limits. The degree of floodplain encroachment resulting from the proposed improvements are classified as Category 4 impacts. Category 4 impacts are associated with projects on the existing alignment involving replacement of existing drainage structures with no record of drainage problems. The proposed structure will perform hydraulically in a manner equal to or greater than the existing structure, and backwater surface elevations are not expected to increase. As a result, there will be no significant adverse impacts on natural and beneficial floodplain values. There will be no significant change in flood risk, and there will not be a significant change in the potential for interruption or termination of emergency service or emergency evacuation routes. Therefore, it has been determined that this encroachment is not significant. The Okeechobee County Civil Defence Department has designated SR 70 a major evacuation route and the intersection of SR 70 and US 98 a designated Traffic Control Point along the evacuation route. It is anticipated that the proposed improvements will improve traffic flow and reduce congestion and therefore have a beneficial impact on emergency evacuation. C-9. Wildlife and Habitat This project has been evaluated for impacts to wildlife and habitat resources, including protected species and in accordance with 50 CFR Part 402 and the Endangered Species Act of 1973, as amended. The proposed project was investigated for the potential impact to listed species in December 1993 and April 1994. Several sources of information were utilized to determine the potential for involvement with protected species. The U.S. Fish and Wildlife Service (USFWS) list of Endangered and Threatened Species of the Southeastern United States, and the Florida Game and Freshwater Fish Commission (FGFWFC) "Official List of Endangered and Potentially \dt-37\048b-g.dot C-2 • v Endangered Fauna and Flora in Florida" and the Florida official list were used in this evaluation. The Listed Species prepared and coordinated with appropriate state and federal a FGFWFC clearance letters dated October 25, 1994 and I appended. Information on protected species and critical habitat within the USFWS and preliminary plans were provided to_ USFW sources consulted included the FDOT computer program "S: Inventory (FNAI) "Matrix of Habitats and Distribution by in Florida." Based on literature review and information provided by the project falls within the range of a.number of listed species. reptile, 18 bird and 7 mammal federally or. state listed (or a the Study Corridor, based on known or expected population i and field observations. The project area was investigate protected species and field studies were conducted. No federally listed (or candidate) plant species were found in ( the field surveys. FNAI's database has on record the occurrence of a breedit crested caracara sighted 0.8 miles to the southwest of the loggerhead shrike was observed north of the northwest corns studies, however, it is difficult to distinguish resident logge: from migrant loggerhead shrikes (Lanius ludovicianus i americana) are know to use areas near the Study Corridor, studies. There were no observations or records of commercially exl or within the SR 70 Study Corridor. A total of 7 state "lis in Okeechobee County, thus it is possible these species however there were none noted during field studies. ment of Agriculture (FDA) (September, 1994) has been . A copy of the USFWS and 30, 1995, respectively, are pr ject area was requested from and FGFWFC for review. Other 10 " and Florida Natural Areas )unty of Rare/Endangered Species A total of 13 listed or candidate wildlife species are known c possibly occur in the Study Corridor. There were no state li ted Study Corridor during field studies. The FNAI database r po snake (Lampropeltis calligaster rhombomaculata), which is $ Att the west end of the Study Corridor. The recently state list v been observed in the general vicinity of the Study Corridorl,by Fish Commission personnel. Based on literature review and agency contacts, it is t improvements will not adversely impact listed species or pots within the study area and expanded corridor. The proposed \dt-37\048b-g.dot C-3 -S, FGFWFC and FDA, the d of 8 plant, 2 amphibian, 7 :) species possibly occur with tions, preferred habitat types, habitats suitable for use by Corridor while conducting (date last observed 1978) of d of the Study Corridor. A Study Corridor during field irikes (Lanius ludoviscianus) ). Wood Storks (Mycteria ;re not observed during field cies in Okeechobee County species are known to occur :nt in the Study Corridor, ur in Okeechobee County and ,ildlife species observed in the d the occurrence of the mole sted S2S3, 0.3 miles north of to ibis (Eudocimus albus) has ,orida Game and Fresh Water that the proposed SR 70 A species which may occur nents are to occur along an existing roadway within an area that is predominately urban. Impacts should have little effect on resident or transitory listed species which may utilize these areas. These findings are consistent with field surveys conducted within the corridor during the months of December 1993 and April 1994, which resulted in no sightings or noted signs (such as nests) of listed species for Okeechobee County. In accordance with the provision of the Farmland Protection Policy Act of 1984, along with the procedures contained in the Letter of Agreement dated January 9, 1985, between the FHWA, Florida Division and the Soil Conservation District, Gainesville office, a Farmland Conversion Impact Rating Form was completed and . sent to the U. S. Soil Conservation Service for a determination of the project's involvement with prime and unique farmlands and the relative value of the farmland being converted. Through coordination with the Soil Conservation Service, it has been determined that there are no farmlands as defined by 7 CFR 658 impacted by the project. \dt-37\048b-g.dot C-4 rl ATTACHMENT D - PHYSICAL The noise study for this project was conducted in accord,, Regulations (CFR), Part 772, U. S. Department of Administration, Procedures for Abatement of Highway Tral FDOT's PD&E Guidelines Manual, Part 2, Chapter 17. A combined total of 22 possible noise sensitive receivers ere provided and other roadway characteristics for the Preferred to were single family residences and 1 was a church. Existing 1199 for the 2020 no -build and build conditions were predicted for the the FDOT-approved "PC" version of Stamina 2.1 compute prc conducted along the alignment at four sites to determine exis g computer model used in the noise prediction analysis in accorano in the FHWA report "Sound Procedures for Measuring Highway 1981). As a result of modelling (STAMINA 2.1) of these 22 sites, 8 1 levels of 65 dBA or greater for the preferred Build Alternati� represent existing noise levels ranging from 64 to 67 dBA an 0 to 2 dBA in the design year. In accordance with 23 CFR, Part 772, noise abatement r sensitive sites predicted to approach or exceed FHWA criter. include traffic management, modifications to vertical or hori and construction of permanent noise barriers. Based on th there appears to be no reasonable or feasible solution to information regarding the noise study conducted for this pro (May 1995). D-2. Air Quality The Preferred Alternative was subjected to a graphical Sc conservative worst -case assumptions about the meteorology Screening Test uses these assumptions in the MOBILE Emi models to produce a series of curves which can be used to d critical distance is the closest a receptor can be to a given v significant air quality impact. The input data and results fc 98) are shown below. The Screening Test, COSCREEN Areas, was used. The east leg (westbound traffic) of this in leg. \dt-37\048b-g.dot D-1 Title 23, Code of Federal rtation, Federal Highway and Construction Noise and nodeled based on the traffic native. Of these 22 sites, 21 ) and future -year noise levels poise sensitive receptors using ;ram. Noise monitoring was Oise levels and to validate the with the procedures described ioise: Final Report" (FHWA sid nces were found to have noise in 1he design year. These 8 sites an increase in noise ranging from es were evaluated for noise- )atement measures considered alignment, land use controls, analysis performed to date, ate noise impacts. Detailed published in the Noise Report eni ig Test which makes various traff1c, and site conditions. The ioni Series Model and CALINE3 ,era ine the critical distance. The ers tion without any chance of a the worst intersection (SR 70/US :rsi n 1.0 dated 1993 for Urban rsection represents the worst case Peak Traffic Critical Closest Receptor Intersection & Avg Spd Vol. Distance m(ft) Alternative Year (km/mph) (per hour) m(ft) SR 70/US 98 2000 34/21.1 1660 5.5/18 27.4/90 Build (Residence) SR 70/US 98 2020 34/21.1 2112 5.8/19 27.4/90 Build (Residence) Since the closest receptor (a residence located approximately 27.4 meters (90 feet) west of the US 98 right-of-way and approximately 35.1 meters (115 feet) south from the edge of the closest travel lane of the proposed SR 70) is always farther away than the critical distance, this project will not have a significant impact on air quality for the "build" alternative. The project passed the Air Screening Test modeled on March 28, 1995. Construction activities will cause minor short-term air quality impacts in the form of dust from earthwork and unpaved roads and smoke from open burning. These impacts will be minimized by adherence to all State and local regulations and to the FDOT Standard Specificationsfor Road and Bridge Construction. All State and local agencies were provided with an opportunity to comment on this project. There were no adverse comments regarding air quality. This project is in an area where the State Implementation Plan does not contain any transportation control measures. Therefore, the conformity procedures of 23 CFR 770 do not apply to this project. D-3. Construction Construction activities for the proposed project will have minimal, temporary, yet unavoidable air, noise, water quality, traffic flow, and visual impacts for those residents and travelers within the immediate vicinity of the project. The air quality impact will be minor and short-term in the form of dust from earthwork and unpaved roads and open burning. These impacts will be minimized or controlled by adherence to all state and local regulations, the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and any special provisions in the construction contract. Noise and vibration impacts will be from heavy equipment movement and construction activities. This will be minimized by adherence to noise control measures found in the most recent edition of the FDOT Standard Spec cations for Road and Bridge Constncction, and any special provisions in the construction contract. \dt-37\048b-g.dot D-2 0 Water quality impacts resulting from erosion and sedimentation wil be controlled in accordance with the most current edition of FDOT Standard Specifications,forR ad and Bridge Construction,. "Prevention, Control, and Abatement of Erosion and Water Pollu 'on", and through the use of Best Management Practices. All oil, chemicals, fuel, etc., used in onstruction must be disposed of in an acceptable manner and be consistent with local, state, or fec eral regulation, and must not be dumped on the ground in drainage ways. Maintenance of- traffic and sequence of construction will be p --and. scheduled so as to minimize traffic delays throughout the project. Access to all businesses and residences will be maintained to the extent practical through controlled construction scheduling. Signage will be used as appropriate to provide pertinent information to the trave 'ng public. The local news media will be notified in advance of road closing and other c ns ction related activities which would excessively inconvenience the community so that moto sts, esidents, and business persons can plan travel routes accordingly. All provisions of the most, current edition of FDOT Standard Specifications for Road and Bridge Construction, will be follow . For the residents living along the project, some of the materials tored for the project may be displeasing visually, however, this would be a temporary condition d should pose no substantial problem. , i D-4. Contamination In accordance with FHWA Technical Advisory T6640.8A dad ed October 30, 1987, a hazardous materials and petroleum contamination survey was conducted to assist in the identification of potential contamination sources and sites within and/or adjacer t to the existing right-of-way along SR 70. The survey included extensive field reviews, subsurfice investigations and coordination with the Florida Department of Environmental Protection EP . Detailed information about the survey and the subsurface investigations are contain in he Contamination Screening Evaluation Report (January, 1995), published separately. An evaluation of individual parcels was conducted along the project corridor for identification of potential impacts from hazardous materials/hazardous waste or petroleum products. Twenty- five of the parcels were further evaluated. Fourteen sitesi were assigned a medium or high ranking for petroleum contamination. Eleven sites received I a no or low ranking for hazardous materials contamination. No further analyzing was required or th se eleven hazardous materials sites. Field soil borings and organic vapor analysis (OVA) screenif s were performed on eleven of the fourteen potential petroleum contamination sites and on two c the inzardous materials/hazardous waste sites. Based on this field screening, three sites - Roo, n T oten's Country Store, Jerry's Oil Company, and Steil Oil Company - warranted the a tim lion of cleanup costs during construction. The additional costs due to clean up of 1 0ntImination encountered during construction is estimated to be $300,000. Further investigation will be conducted prior to construction. visual inspections, monitoring of ongoing cleanups and possible \dt-37\048b-g.dot D-3 ive work will include investigations. Where r-. contamination is known to exist, the extent of contamination will be indicated on the design drawings. Any necessary remediation plans will be developed prior to construction Actual remediation will take place during the construction phase, if feasible. Special provisions for handling unexpected contamination discovered during construction will be included in the construction plans package. The potential contamination concerns are not anticipated to affect or delay project implementation. 1dt-371048b-g.dot D_4 1 November 17, 1994 ' SllljlT •. FLORIDA DEPARTMENT Jim Smith Secretary of Slate DIVISION OF HISTORICAL R K.A. Gray iluildinl; 500 South lirunough Tallahassee. Plosida 32399.0; Director's Office Teleeopier Ni (904) 488-1480 (9041 481 Mr. J. R. Skinner Division of Administration Federal Highway Administration U.S. Department of Transportation 227 N. Bronough Street, Room 2015 Tallahassee, Florida 32301 �,F STATE SOURCES cr WA X) 53 RE: Cultural Resource Assessment Review'; Cultural Resource Assessment Survey; Eagle Bay'Drive to West of NW 7th A� County, Florida. By Archaeological'. August 1994 SPN: 91070-1506 WPN: 1117175 FPN: MA-150-3(24) Dear Mr. Skinner: In Fri Hii Si (9( Prc riij):t -- C Reply Refer To; ink J. Keel itoric Sites )ecialist 14) 487-2333 ►ject File No. 943500 Re uest S 70 from West of 'en e, Okeechobee Co sultantsmum � In accordance with the procedures contained 800 ("Protection of Historic Properties" provisions contained in Chapter 267.061,, a ry have'reviewed the results of the field s e project performed by Archaeological Cons�lta them to be'complete and sufficient. We note that three previously unrecorded BOB51 - 8OB53, were located during the cc Based on the results of the survey, the h determined to be ineligible for listing i of Historic Places. We concur with this Therefore, it is the opinion of this offi project will have no effect on historic p eligible for listing, in the National Reg Ply, or otherwise of historical or arc DEC 7 1A DISTFUCT Et4`,f11-jtl�4MENTA1. h4AMAc-%UvAEt,U OF FIGr' n 36 C.F.R., Part well as the ua statutes, we of the referenced s Inc., and find tis orical structures, irs of this survey. st ric structures were tie National Pamic4,, et rmination. e hat the proposed op rties listed, or itOctural value. I Mr. Skinner November 17, 1994 Page 2 If you have any questions concerning our comments, please do i hesitate to contact us. Your interest in protecting Florida'! archaeological and historic resources is appreciated. Sincerely, George W. Percy, Director Division of Historical Resource: and State Historic Preservation Off. GWP/Kf k xc: MIchael Finch, FDOT, District 1 C. L. Irwin, FDOT United States Department of the Interior FISH AND WILDLIFE SERVICE P.O. BOX 2676 VERO BEACH, FLORMA 32961.2676, October 25, 1994s- Florida Department of Transportation District I - P.O. Box 1249 Bartow, FL 33830-1249 Attn: Kim Warren, EMO Project: Sf R. Federal Aid Project No.: Xk- State Project No.: 9 0� County: 0 'G Dear Ms. Warren: The U.S. Fish and Wildlife Service has reviewed your requi Species Report for the proposed widening of S.R. 70 in Oke According to the Report, no federally listed species were ob during the field surveys. Based on this assessment and on c (Service letter dated February 8, 1994), the Service concurs the proposed improvements to S.R. 70 art unlikely to adver species. If you have any questions, please contact me at (407)562-39 Kalani Acting cc: FWS, Jacksonville, FL w/ map FGFWFC, Vero Beach, FL w/ map OCT • 28 1994 DISTRICT ENVIR014MENTAL MANAGEMENT OFFICE 50-6s for comments on the Listed hob County, Florida. i ed within the project corridor previous review of this project 4th the Report's conclusion that y affect any federally listed �yf .0 s F Field Supervisor _ SE%T BY:JOHN'SON EN'G1\EERING ; .4-12-95 10:14 ; JOHN N E'�GI'� RI G 1 407 849 9101;# 2/ 3 • i ��.,.,•�� FLORIDA CAME AND FRESH WATER FISH COMMISSION •� � JOE MARLIN HILLIARD 1. BEN ROWE JUL1E K MORRIS QUINTON L. HEDGEPETH. DDS MRS. GILBERT W. HUMPHREY c1tw1ston Galncsvilie Ssrscola Miami Miecosul•ce AU.AN L WBERT. MVO liautl-9 Di-lor UILL1A4 C A1114NE& Militant E►ecoti.t DitagM 110 63rd Avenue, S.W. Vero Beach, Florida 32968 January 30, 1995 11s . Kira Warren District Environmental Managerent Office Florida Department of Transportation P.O. Box 1249 Barton, Florida 33831-1249 RE C FEIVE0 FES 0 1 1995 Johnson Engirt eri: RE: Listed Species' Report, S. R. 70 from West of Eagle Bay Drive to West of 7th Avenue Northwest, State Project #91070-1506, Okeechobee Ccunty, Florida Dear Y.s . Warren: The Office of Er.Jiro: »•ental Services of the Florida Gamy and Fresh Water Fish Con=issicl has review2d, your request for co=ents on the Listed Species Report for the proposed widening of State Road 70 in Okeechobee County. We, concur wish t5e report's ccnclusio:i that the project is unlikely to adversely -pact any state listed species. Sincerely C Stephe7 R. Lau Biological Administrator SRL/JMN/rs ENV dotar70.let CC: Michael !•:ever .7oh:.so;i Bngir.eering 1943 - 1993 n . r +� r .� !� . f` f^ T r \ T I I ♦1 T I1 r` r ♦ Py Tl . 1\ 1 • !� r` . r t • r ♦ • •� • • � . Y --. f . r r'� WQIE CHECKLIST* Project Name: S.R. 70 PD&E County: Okeechobee State Project_ Number: 91070-1506 WPI Number: 111�7175 Federal Aid Project No: 150-3 (24 ) Short project description: Corridor; . E'v_aluatior�, .:., ;_ - PART 1: DETERMINATION OF WQIE SCOPE Does project increase impermeable surface area? 9 Yes ❑ Does project alter the drainage system? 9 Yes ❑ 1 If the answer to both questions Is no, complete the WQIE by checking I Do environmental regulatory requirements apply? M Yes O If no, proceed to Part 4 and check Box B. PART 2: PROJECT CHARACTERISTICS 20-year design ADT: 10,300 to 20,600. Expected speed lire Drainage area: 15.2 hectares 57 % Impervious Land Use: 23 % Residential 52 % Commen % Agricultural % Wetlands Potential large sources of pollution (identify): None Groundwater receptor (name of aquifer or N/A): N/A Designated well head protection area: 0 Yes tX No Name: _ Sole source aquifer: d Yes 0 No Name: Biscayne Groundwater recharge mechanism: Retention/Detention (Notify District Drainage Engineer if karst conditions expected Surface water receptor (name orN/A): Outfaii ditch to Classification: ❑ 1 0 11 19 III Special designation (check all that apply): ❑ ONRW 0 OFW 0 Aquatic Preserve a 0 Special Water 0 SWIM Area ❑ Local Comp Plan 01 0 Other (specify): Conceptual storm water conveyances & system (check all that apply): O Swales 19 Curb and Gutter ❑ Scuppers EX F Retention/Detention Ponds ❑ Other Rev. 09-01-94 1 /2 In Part 4. 0 to 65 km/hr 3 % Pervious % Industrial % Other Natural Lfer Bins Okeechobee I IV 0 V & Scenic River Area ❑ French Drains PART 3: ENVIRONMENTAL REGULATORY REQUIREMENTS Regulatory Agency Reference citation for regulatory Most stringent criteria (check all that"apply)' criteria (attach copy of (check all that apply) pertinent pages) _. _. USEPA t 0 FDEP 0 0 WMD Florida Statutes & Rules IX (Specify) South Florida Ch . 40E-4 and 40E-40 PAC: Water Management Basis of Review for Surface District Water Management Permit OTHER ❑ Application within SFWMD March, 1994, Section 5.0 0 (Specify) Water Quality Criteria Proceed to Part 4 and check Box C PART 4: WQIE DOCUMENTATION A. D Water quality is not an issue. B. 0 No regulatory requirements apply to water quality issues. (Document by checking the "none" box for water quality in Section 6.C.3 of Form 508-01 or Section 5.C.3 of Form 508-05.) C. IX Regulatory requirements apply to water quality issues. Water quality issues will be mitigated through compliance with the quantity design requirements placed by South Florida Water Management District an authorized regulatory agency. (Document by checking the "none" box for water quality in Section 6.C.3 of Form 508-01 or Section 5.C.3 of Form 508-05.) Evaluator Name (print): Kathy L. Dobbins Office: Professional Engineering Consultants, Inc. Signature: Date: ' i Certificate # 110 Rev. 09-01-94 2/2 • �l J 5.0 - WATER_ QUALITY CRITERIA 5.1=� State Standards Projects: shah be designed and, operated so. that off site dtsc arge will meet State water quality standards as set• forth in Chapter 17-302, Florida Agtmini trative Code. 5 Zl<tetentiori /Detention Criteria ,. . 5.11- 'Volumetric Requfl'rements A. Retention, detention, or both retention and de including swales, lakes, canals, greenways, et the three following criteria or equivalent corn 3 1. Wet detention volume shall be providi the.developed project, or the total rural percentage of imperviousness,. whichv 2: Dry detention volume shall be provided eq } ° above amounts computed for wet detention 3. Retention volume shall be provided equal i amounts computed for wet detention. Rete flood protection calculations requires a gua and maintenance of system bleed-dowi abi guarantee include evidence of excellet t soi coastal ridge sands, or an operations tit; funds for operation, maintenance and I epla County MSTU). • (NOTE: Orange Cc my criteria for retention - published by Orange Subdivision Regulations - may be util zed projects in lieu of District retention criteria exceed one half inch. This informatin is and incorporated into this rule.) B. Systems with inlets in grassed areas will be credit the required wet detention amount for the eo tribi be based on a ratio of 10:1 impervious area ave pervious area (i.e. the grassed area) with pro ortic greater ratios. 5.2.2 Land Use and Coverage Criteria A. Commercial or industrial zoned projects shalll��, pro) l • dry detention or retention pretreatment as part of I 13 in the overall system, be provided for one of is thereof: the first inch of runoff from 2.5 inches times the greater. al to 75 percent of the 50 percent of the above ration volume included in Santee of long term operation Gty. Examples of such percolation rates, such as which specifically reserves ,ement (example: Orange subdivision regulation County in Orange County or Orange County MSTU where retention volumes iereby published by reference I with up to 0.2 inches of ng areas. Full credit will or building area) to ately less credit granted for de at least one half inch of e required Basis of Review for Surface Water. Mana ement Permit A lications , �, ...,.i March 1994�, retention/detention, unless reasonable assurances "can be offeied that hazardous. 4.. materials will not enter the project's surface wateremanagement:system,4.Sucht^ assurances include, for example, deed restrictions on property: planned-for.re-.. sale, type of occupancy, recorded lease agreements, local'goy ,rnmerEt restncttvek.: 'codes; ordinances, licenses, and engineered containment systems B. Projects having greater than 40% impervious area and"_which discharge: directly,.. to the following receiving waters shall provide gat least one half inch: of. drys detention or retention pretreatment. as part of the required'retc000n/detention.. Receiving waters being addressed are: 1. Lake Okeechobee and the Kissimmee River: 2. Water bodies designated as Class I or Class II' waters: by. the Florida Department of Environmental Protection. 3. Canals back -pumped to Lake Okeechobee or to the. Conservation areas,. or proposed for back -pumping. 4. Other areas, such as the Savannas in St. Lucie and Martin Counties; the Six Mile Cypress Strand; the Big Cypress area of Collier County; and lands acquired by the District pursuant to Section 373.59, Florida Statutes, Water Management Lands Trust Fund (Save Our Rivers); mitigation bank lands, as set forth in Appendix 8 to "Basis of Review for Surface Water Management Perrrut Applications within South Florida Water District" March, 1994. 5. Outstanding Florida Waters as defined in Chapter 17-3.30'2, Florida Administrative Code; and Aquatic Preserves as created and provided for in Chapter 258, Florida Statutes. 6. Water bodies within a District permitted public water supply wellfield cone -of -depression which are not separated from the aquifer by strata at least ten feet thick and having an average saturated hydraulic conductivity of less than 0.1 foot per day; where the cone -of -depression is defined by one of the following: a. in those areas of the District where no local wellfield protection ordinance has been adopted by the local governing body, the one foot drawdown line as expressed in the water table aquifer under conditions of no rainfall and 100 days of pumpage at the permitted average daily pumpage rate (where significant canal recharge is indicated, canal recharge representative of a 1 in 100 year drought will be considered); 14 b. Bioward County Wellfield Protection Ordinance contour for Zone 3 (Broward County Ifield Protection Ordinance 84-60, as incorporated into Broward �Cou ty Code, Chapter 27,.Article C XIII; enacted iri' Augiis't.1984 ' s information is hereby . 'published 3liy iefcrenco and inop2rated into this rule. 'c j Dade County Wellfeld Piote�ltion' dinance contour showing maximum limits (Section 24 2.1 otection _of Public Potable Water Supply Wells; Chipterl24 E vironmental Protection; Code of Metiopolitan'Dado County; Flo da).` This information is hereby published 'by reference. and incorporated into this rule. C. Water surface' and. ioofed aieas'can be deducted om site areas only for water quality pervious/impervious calculations. 71e wa er surface area meeting dimensional criteria may also be'subtracted from he total site area when malting final water quality treatmentvolume calc lations. °= D. ` In -cases of widening existing urban public }t ghw y projects, the District shall ieduce' the water quality requirements, if the!. applicant provides documentation which demonstrates that all reasonable design alternatives have been considered, and which provides evidence that the alternatives are all cost - prohibitive. E. Projects located within cones of depression - Retention/detention area locations shall not reduce hydraulic recharge distance$ topublic water supply wells in excess of 2 percent, nor shall wet retention/dmtent.on areas be closer to public water supply wells than 300 feet. 5.3 Incorporation of Natural Areas and Existing Water B dies - 5.3.1 Natural Water Bodies and Existing Water Bod Natural areas and existing water bodies may be used for re t ntio detention purposes when not in conflict with environmental (see Section 4.0 herein) r pu lic use considerations. Candidate areas for such purposes include: A. Previously degraded areas, B. Man made areas such as borrow pits, for eza mple, C. Extensive. areas which have the ability to absorb i1npacts easily, D. Areas incorporated into a system with 15 Basis of Review for Surface Water Mana ement Permit A 11cations March 1994 5.4 Underground Eafiltraiion Systems A. Systems shall be designed for the retention vo1.lumes specified in Section 5.2.1 for retention'syste'ms, exfiltrated 'over one hour for retention purposes, prior to. overflow, and based- on test data for the site. (Note: such systems will not be acceptable on projects to be operated by entities other than single owners.or entities with full time"'maintenance staff.) B: A. safety factor of two�Ofm`bre shall be applied to the design to. allow for geological uncertainties. C. A dry system is one with the pipe invert at.or above. the. average wet season. water table. 5.5 Sewage Treatment Percolation Ponds - Above ground percolation pond dikes shall not be within 200 feet of water management lakes. or 100 feet of dry retention/detention areas.. Additional information and calculations (such as volume and rate of application to the pond(s) or flow net analyses) by the applicant will be necessary in unusual cases requiring deviations from these dimensions. 5.6 Criteria for Creation of Water Bodies - The creation of water bodies shall meet both of the following criteria: A. Entrapped salt water, resulting from inland migration of salt water or penetration of the freshwater/salt water interface, will not adversely impact existing legal water users. B. Excavation of the water body shall not penetrate a water -bearing formation exhibiting poorer water quality for example., in terms of chloride concentrations. 5.7 Impervious Areas - Runoff shall be discharged from impervious surfaces through retention, areas, detention: devices, filtering and cleansing devices, or subjected to some other type of Best Management Practice (BMP) prior to discharge from the project site. For projects which include substantial paved areas, such as shopping centers, large highway intersections with frequent stopped traffic, and high density developments, provisions shall be made for the removal of oil, grease and sediment from storm water discharges. 5.8 Stagnant Water Conditions - Configurations which create stagnant water conditions such as hydraulically dead. end canals are to be avoided, regardless of the type of development. 16 '. 5.9 Water Quality Monitoring All new drainage projects will be' evaluated based on the jabili of the system to prevent`` degradation'of receiving waters and the ability to conform to State water quality standards:._ (see Chapter 17-3.302 Florida••Admin' istrative Code):` .. 5.9.1 A. There are areas within the District where4'ater uality considerations are extremely important; because of the sc ity f the area. These areas include .:._ 1. Lake Okeechobee and the Kissimm 2. - Water: bodies designated as Class I Department of Environmental Prote 3.. , . . Canals back -pumped to Lake Okeec or proposed for back -pumping. 4. Sensitive areas, such. as the Savann, the Six' Mile Cypress Strand and Es County and the Big Cypress area of 5. Outstanding Florida Waters as defin Administrative Code. B. New developments which plan to utilize se stonnwater will be given .more detailed eva addition, new projects entailing a more inte parks, and planning to discharge to'a sensit indirectly, shall be required to institute a w the applicant is unable to provide adequate routing drainage of areas where polluting n from the surface water management system or similar documents, which would have thi materials on the project site; or proposing o degradation of the receiving body water qu; listing of land use intensity is in ascending 1. Wetlands (including transition zones 2.- Forested lands 3. Rangeland 4. Agricultural 5. Urban and built-up land 17 II waters by the Florida be� or to the Conservation areas, in L Lucie and Martin Counties, ro Bay Aquatic Preserve in Lee .oll er County. I in Chapter 17-3.302, Florida ive, areas for disposal of tin by the District Staff. In Fied land use , such as industrial receiving water, directly or quality monitoring program if ur nces (by such means as ri Is would be located away :v loping restrictive covenants, fe t of prohibiting polluting r methods of assurance) that ill not occur. The following thereto) Basis'of Review for Surface Water* Management Permit Applications March 1994 5.9.2 Monitoring will -normally be required for sites with high pollutant`gene rating potential, such as industrial sites, and,Class I and II solid waste. disposal, sites.>•. i • F .?., - !.:' i i;' -,..• �.'G 1., n{:l.l;•�i zi� {}J='=''r-'.:'r? ,�.i.. - 5.9.3" ' Theregare two reasons for requiring_ water quality.monitoring by permittees, asp u i follows: A. Such data can be used to determine if the pollution abatement practices incorporated into the design for the drainage system are functioning properly.` ., B. In some cases there may be a real and immediate concern regarding degradation of quality in the receiving waters,. regardless of the apparent pollutant removal efficiency of the drainage system.. 5.9.4 The reason for the monitoring requirement will be stated in the Staff Report for each Permit. Also included in the permit will be. the monitoring and reporting schedules and the parameters of interest. Each monitoring program.will be designed; specifically for the. land use or individual project in question and will include applicable surface and ground water sampling. Staff shall specify applicable project specific parameters such as those listed in Chapter 17-3.302, F.A.C. The applicant shall use a Florida Department of Environmental Protection- or Florida Department of Health and Rehabilitative Seryices-certified laboratory for all water quality sampling and analysis. The District recommends that the applicant submit final results from the laboratory on a DOS -formatted 3.5" computer disk which will be supplied by the District. The disk will contain a program requiring the input of all pertinent data associated with the water quality monitoring special condition(s). If the permittee or their contracted laboratory does not have -MS-DOS computer capabilities, water quality analysis may be submitted on paper. Examples of records to be supplied are as follows: sample date, sample location with D for discharge or N for no discharge, water discharge rates (efs) and concentration values of indicated elements or compounds. 5.9.5 As a general rule, monitoring required of permittees will be confined to points within their boundaries. If additional sampling is needed in order to assess off -site impacts of the projects, the responsible party (the permittee or District) will be named in the permit. The determination of the responsible party will be based upon the accessibility of the monitoring. site to the permittee. 5.9.6 Applicants are advised that Staff Reports written and Permits issued for projects not requiring monitoring at this time will normally include a statement to the effect that water quality monitoring may be required in the future. This should not .be construed as an indication that the District is contemplating the implementation of a program of intensive water quality monitoring by all permittees. If water quality problems develop in specific areas, however, permittees will be put on notice in this manner that they may have to determine the quality of the water which they are discharging. 18 •. . uoa,a v, . .,c.. w, pw,aLC .�alCr ma0a CIIIC{Il I"Crllll{ A u{anons. - March 19' 5.10 Solid Waste Facilities - A. Surface water management systems for Clash I.a d 11 solid waste facilities, as defined by Chapter 17-701, F.A.C., shall be!so designed, constructed, and ` operated 'as to maintain the integrity. of the .l ndf l at all times (during construction, operation, closure and post clq�ure). Applicant must provide assurances that , 1. " ' all flows will be conveyed at non- er sive velocities, 2:' tiie project is designed to minimize ei osioll. 3s B. Design featureg.in.support of this requirement include features such as: ' L '. slopes adequate to. promote runoff but not affect slope stability, 2, intermediate benches*or swales which) red ce runoff velocities and limit erosion, 3. vegetation of closed portion of C. Class I and 13 landfill projects shall provide idequ to assurance that leachate will not enter the surface water management] system. This assurance may be provided through affirmative demonstration that the requirement of Chapter 17-701, F.A.C._ or design and emplacement of liners, leachate collection systems, and treatment and disposal of leachate will be met. D. Borrow pits shall not be included in the s unless the applicant can affirmatively den the borrow pit, and that the provisions of F.A.C. will be met. E. Dewatering operations at active, unlined land011s F. For Class I and II landfills the District shall tequv Management Practices, such as: 1. Detention in excess of the quantities s ll ted 2. Dry detention areas. 3. Dry conveyance swales with adequate,0im< maintenance. 4. Filter mechanisms for additional water )'qua] discharge. 19 ter management system that leachate will not enter - .302 and Chapter 17-4, not be permitted. additional Best Section 5.2. to permit enhancement prior to Basis or Review for Surface Wateh Manaeement Permit Applications ` IVlnrcii, 104 5. Skimmers in front of discharge structures`to'restrict discharge of floatable materials. - Screw gates on water controlstructures`capable of restricting discharge - of poor quality siirfice".water.' " 7. Vegetation of appropriate portions of the water management system, - such as conveyance swales. G. To provide information for assessing the need for Best Management Practices. at a specific site, District staff will require a hydrogeologic investigation" that. shall, at a minimum, provide information on: 1. the hydrogeologic properties of the formations underlying the landfill, including aquifer and characteristics, groundwater elevations and direction and rate of groundwater flow, 2. location of existing wells within one-half mile of the site perimeter, 3. locations and specifications of existing or proposed monitor wells, 4. the location and chemical composition of any known leachate plumes. H. Applicants should consult with District staff prior to or at pre -application Technical Advisory Committee' meetings to determine the specific requirements which will apply for a particular project. 20 CITY OF OKEECHOBEE MEMORAND O TO: Council Members DATE: OcRpbei THRU: SUBJECT: Council FROM: James E. Kirk, Mayor cl Due to a death in my family, I will be unable to attend the G I'm asking Council Member Watford to chair the meeting. JEK:nb ' 13, 1995 Meeting 17 Council Meeting. FORM 88 MEMORANDUM, OF .VOTI COUNTY, MUNICIPAL ' AND OTHER: LO LAST NAME -FIRST N E-MIDDLE NAME J NAME OF BOAR CO x THE BOARA CO WHICH I SERVE .Y CITY �JC7OIJ TY U NAME OF POUT I'E ON WHICH VOTE OCCURRED C� /Q MY POSITION IS: WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of council, commission, authority, or committee. It applies equally to members of advise with a voting conflict of interest under Section 112.3143, Florida Statutes. The mqu the use of this particular form is not required by law, you are encouraged to use Your responsibilities under the law when faced with a measure in which you have a c on whether you hold an elective or appointive position. For this reason, please pay c before completing the reverse side and filing the form. 2 iION, AUTrtORITY' OR COMMITTEE OF: ] OTHER LOCAL AGENCY ELECTIVE i] APPOINTIVE rern ment on an appointed or elected board, anc non -advisory bodies who are presented mer is of this law are mandatory; although in in taking the disclosure required by taw. 'flict of interest will vary greatly depending e attention to the instructions on this form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31�9 RIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABOkIN f rom voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting ona measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly thiI which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fob the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST Ad4S7 inures to his special private gain. Each local officer also is prohibited from knowingl vo special gain of a principal (other than a government agency) by whom he is retaine(�. A person holding an appointive local office otherwise may participate in a matter in which disclose the nature of the conflict before making any attempt to influence the decision q+ of made by the officer or at his direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION RRI( THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the l ec recording the minutes of the meeting, who will incorporate the form in the minute • A copy of the form should be provided immediately to the other members of the 4en • The form should be read publicly at the meeting prior 8 P to consideration of the matterin of your interest in the measure on the person responsible for recording N from voting on a measure which 1 on a measure which inures to the has a conflict of interest, but must or written communication, whether TO THE MEETING AT WHICH tsi n) with the person responsible for CY.5Y w ich you have a conflict of interest. ..:.: IF YOU MA ENO ATTEMPT TO INFLUENCE :,THE DECISIOhf �XCE BY" ISCUSSIOAT ,t I�� *k.. MEET • You should d�sctose orally the nature of your conflict in the measure before jartici ating'' • You should complete the form and file it within 15 days after the vote occurs with to pet n responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S it MKjT hereby disclose that on i- (a) A measure came or will come before my agency which (check one) inured to my special private gain; or _LZI-nured to the special gain of bl a"Z_ e +' (b) The measure before my agency and the nature of my interest in the measur� v�s Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A' DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY - IMPEACHMENT, -REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOI SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. by whom I am retained, is as follows: tE TO MAKE' ANYREQUIRED- R MORE OF THE FOLLOWING: DEMOTION, REDUCTION IN